HomeMy WebLinkAbout2010-319
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RESOLUTION NO. 2010-319
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A GRANT OF EASEMENT TO SOUTHERN
CALIFORNIA EDISON COMPANY ACROSS CITY WATER DEPARTMENT
PROPERTY LOCATED SOUTHWEST OF ORANGE SHOW ROAD AND
WASHINGTON AVENUE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of the City, a Grant of Easement to Southern California Edison
Company across City Water Department property, located at the south end of the City of San
Bernardino Water Reclamation Plant, southwesterly of Orange Show Road and Washington
A venue, more fully described in the Grant of Easement document att~ched hereto as Exhibit '.' 1 "
and made a part hereof.
III
III
08/26/2010
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2010-319
. . . .
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY
ACROSS CITY WATER DEPARTMENT PROPERTY LOCATED SOUTHWEST OF ORANGE SHOW
ROAD AND WASHINGTON AVENUE.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council ofthe City of San Bernardino at a j oint regular meeting thereof held on
the 20th
day of September
Council Members:
MARQUEZ
DESJARDINS
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
, 20~, by the following vote, to-wit:
AYES
NAYS
ABSTAIN ABSENT
x
x
x
x
x
x
x
~1J. ~
CIty C erk
The foregoing resolution is hereby approved this.:::fb,( day of September
Approved as to form:
08/26/1 0
,20~.
~~~
Tobin Brinker, Mayor Pro Tern
City of San Bernardino
2
j.. .h,
2010-319
EXHIBIT "I"
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
MOUNTAINVIEW POWER COMPANY, LLC.
25770 SAN BERNARDINO AVENUE
SAN BERNARDINO, CA 92408-3154
ATTN: TITLE & REAL ESTATE SERVICES
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Location: San Bernardino
A.P.N. 0141-311-06
RP File: ACQ200511912
Affects SCE Doc: N/A
DOCUMENTARY TRANSFER TAX $ SER 68548A
------------.------
SO. 800342561
COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
--~- Approved
OR COMPUTED ON FULL VALUE LESS LIENS AND Corporate Real Estate
ENCUMBRANCES REMAINING AT TIME OF SALE
CITY OF SAN BERNARDINO BY LS DATE 11/01/09
SIGNATURE OF DECLARANT OR AGENT DETERMINING TAXFIRM NAME
GRANT OF EASEMENT
This' Grant of Easement is' entered into by and between the City of San Bernardino, a
municipal corporation, called the Grantor, and Southern California Edison Company, a corporation,
hereinafter called Grantee.
Grantor in consideration of the mutual promises contained herein, and the public benefit
provided, hereby grants unto Grantee, its successors and assigns, an easement to locate, relocate,
construct, reconstruct, maintain, alter, enlarge, inspect, repair and replace underground pipelines
for the transportation of water, and all pipes, conduits, manholes, structures and equipment
necessary or convenient thereto, on, under and across that certain real property described and
shown on Exhibit "A", attached hereto and by this reference made a part hereof.
This easement is granted subject to the conditions as shown on Exhibit "e", attached and
made a part hereof.
This Grant of Easement is made subject to all easements, conditions and restrictions
of record, as the same may lawfully apply to the real property subject to the easement granted
herein, including, without limitation, the reservations contained in that Grant Deed to the City of
San Bernardino recorded May 16, 1958 in book 4510, page 182, official records of the County of
San Bernardino.
Dated:
CITY OF SAN BERNARDINO,
a municipal corporation
COpy
Bv:
Patrick J. Morris, Mayor
','
2010-319
Grant of Easement
The City of San Bernardino, a municipal corporation, to
Southern California Edison Company, a corporation,
Successor In interest to Mountainview Power Company,
a Delaware limited liability company,
Serial No. 68548A
RP FILE: ACQ200511912
Affects SCE Doc. N / A
APN: 0141-311-06
State of California
County of
On before me, , a Notary Public,
personally appeared , who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/ she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
-2-
.;'
. .'\-PN: 0141-311-06
2010-319
EXHIBIT "A"
PARCEL A:
A STRIP OF LAND, 10 FEET WIDE, IN THE CITY OF SAN BERNARDINO, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF LOT 14,
BLOCK 54 OF RANCHO SAN BERNARDINO, ON FILE IN BOOK 7 OF MAPS, PAGE
2, RECORDS OF SAID COUNTY, THE CENTERLINE OF SAID STRIP OF LAND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF THE TWIN
CREEK FLOOD CONTROL CHANNEL, 400 FEET WIDE, WITH THE CENTERLINE OF
ORANGE SHOW ROAD, SAID INTERSECTION BEING SOUTH 89'23'08" WEST 420.63
FEET FROM THE CENTERLINE INTERSECTION OF ORANGE SHOW ROAD WITH
WASHINGTON AVENUE, THENCE SOUTH 00'32'26" EAST 1856.00 FEET ALONG
SAID EASTERLY LINE TO THE INTERSECTION OF SAID EASTERLY LINE WITH THE
SOUTHERLY LINE OF A 70 FOOT WIDE TRANSMISSION LINE EASEMENT AS
RECORDED IN BOOK 4155 PAGE 501, OFFICIAL RECORDS OF SAID COUNTY;
THENCE CONTINUING SOUTH 00'32'26" EAST 127.51 FEET; THENCE SOUTH
89'27' 45" WEST 400.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID
TWIN CREEK FLOOD CONTROL CHANNEL, SAID POINT ALSO BEING THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS
OF 1000.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH
89'27' 45" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 49'40'17" AN ARC DISTANCE OF 866.93 FEET TO THE TRUE POINT
OF BEGINNING; THENCE NORTH 75'49'47" WEST 32.11 FEET; THENCE NORTH
39'59'36" WEST 135.60 FEET; THENCE NORTH 11'33'08" EAST 93.52 FEET;
THENCE NORTH 52'57'33" EAST 3.38 FEET; THENCE NORTH 83"34'05" EAST
2.38 FEET TO THE POINT OF TERMINATION.
THE SIDELINES OF SAID 10 FOOT EASEMENT SHALL BE SHORTENED OR
LENGTHENED TO COMMENCE ON SAID WESTERLY LINE OF SAID TWIN CREEK
FLOOD CONTROL CHANNEL AND TO TERMINATE ON A LINE THAT BEARS SOUTH
06'25'55" EAST FROM SAID POINT OF TERMINATION AND ITS NORTHERLY
PROLONGA TION.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE
APART HEREOF.
.~/~~~~
DAVID T. ROSELL P.L.S. 6281
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2010-319
EXHIBIT "B"
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DETAIL "A" /'
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2010-319
PROJECT NAME: Serial Number 68548A
APN: 0141-311-06
EXHIBIT "C"
CONDITIONS
1. Grantee hereby agrees to save and hold harmless Grantor and its officers or employees from
all sums which Grantor or any of its officers or employees may be obligated to pay by
reason of any liability imposed on them for damages arising out of the performance of the
services rendered by Grantee and caused by any error, omission or act of Grantee or any
person employed by him or her or any others for whose acts Grantee is legally liable. Said
sums shall include, in the event of legal action, court costs, expenses of litigation and
reasonable attorney's fees.
2. Grantor hereby agrees to save and hold harmless Grantee and its departments, agencies,
officers or employees from all sums which Grantee or any of its departments, agencies,
officers, or employees may be obligated to pay by reason of any liability imposed on them
for damages arising out of the performance of the services rendered by Grantor and caused
by any error, omission or act of Grantor or any person employed by him or her or any others
for whose acts Grantor is legally liable. Said sums shall include, in the event of legal action,
court costs, expenses of litigation and reasonable attorney's fees.
3. Grantor reserves the right to use said real property in any manner, provided such use does
not unreasonably interfere with Grantee's rights hereunder. No structures will be erected
within the limits of this easement to include but not limited to buildings, walls, swimming
pools, ponds, fences and similar type structures. Any structures placed within easement
limits without the approval of the Grantee will be removed at the Grantor's expense.
4. No substantial landscape items will be installed within the limits of this easement to include
but not limited to trees, shrubs, landscape walls and similar type landscape material.
Limited groundcover landscaping will be subject to written approval by Grantor and any
landscape groundcover material previously approved by Grantor, and placed within
easement limits and subsequently removed due to Grantee's activity shall be replaced by
Grantee at Grantee's expense. Any landscape material placed within easement limits
without the approval of the Grantor will be removed at Grantee's expense.
5. Grantor reserves the right to require Grantee, at Grantor's expense, to remove and relocate
all improvements placed by Grantee upon said real property, upon determination by Grantor
that the same will interfere with future development of Grantor's property. Within 180 days
after Grantor's written notice and demand for removal and relocation of the improvements,
Grantee shall remove and relocate the improvements to a feasible location on the property of
Grantor, as designated by Grantor provided that Grantor shall grant Grantee with an
easement in such new location, on the same terms and conditions as herein stated, all
without cost to Grantee, and Grantee thereupon shall reconvey to Grantor the easement
herein granted.
6. Grantee agrees to use due care in any use of the easement herein granted and in the
construction, installation, repair, replacement and maintenance of Grantee's improvements
on the easement area as provided for herein so as not to unreasonably disturb Grantor's use
of its property.
W:\@Trans\@Engr\Nevarez_Mi\Form-Grant of Easement SeE 9-15-10 change to no. 4.doc
)~ -"'"
2010-319
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
MOUNTAINVIEW POWER COMPANY, LLC.
25770 SAN BERNARDINO AVENUE
SAN BERNARDINO, CA 92408-3154
ATTN: TITLE & REAL ESTATE SERVICES
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Location: San Bernardino
A.P.N. 0141-311-06
RP File: ACQ200S11912
Affects SCE Doc: N/A
DOCUMENTARY TRANSFER TAX $ SER 68548A
S.O. 800342561
COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
OR COMPUTED ON FULL VALUE LESS LIENS AND Approved
Corporate Real Estate
ENCUMBRANCES REMAINING AT TIME OF SALE
CITY OF SAN BERNARDINO BY LS DATE 11/01/09
SIGNATURE OF DECLARANT OR AGENT DETERMINING T AXFIRM NAME
GRANT OF EASEMENT
This Grant of Easement is entered into by and between the City of San Bernardino, a
municipal corporation, called the Grantor, and Southern California Edison Company, a corporation,
hereinafter called Grantee.
Grantor in consideration of the mutual promises contained herein, and the public benefit
provided, hereby grants unto Grantee, its successors and assigns, an easement to locate, relocate,
construct, reconstruct, maintain, alter, enlarge, inspect, repair and replace underground pipelines
for the transportation of water, and all pipes, conduits, manholes, structures and equipment
necessary or convenient thereto, on, under and across that certain real property described and
shown on Exhibit "A", attached hereto and by this reference made a part hereof.
This easement is granted subject to the conditions as shown on Exhibit "e", attached and
made a part hereof.
This Grant of Easement is made subject to all easements, conditions and restrictions
of record, as the same may lawfully apply to the real property subject to the easement granted
herein, including, without limitation, the reservations contained in that Grant Deed to the City of
San Bernardino recorded May 16, 1958 in book 4510, page 182, official records of the County of
San Bernardino.
CITY OF SAN BERNARDINO,
a municipal corporation
Dated: 1 f'J-3f ~(o
~6tA~ ~1~L
Bv: pr-o
fbr Patrick J. Morris, Mayor
2010-319
Grant of Easement
The City of San Bernardino, a municipal corporation, to
Southern California Edison Company, a corporation,
Successor In interest to Mountainview Power Company,
a Delaware limited liability company,
Serial No. 68548A
RP FILE: ACQ200511912
Affects SCE Doc. N / A
APN: 0141-311-06
State of California )
County octA &r#i''/ifiJ
On .5;d~N' ei~ :;,/; before me ){kri~ ~ a".,,~ , a Notary Public,
perso~ally appeared 7;J~'1&/ ~l'uJ &"'4 Lt'I' , who proved to me on
the basis of satisfactory evidence to be the person(pJ whose name(~ is/ayl subscribed to the
within instrument and acknowledged to me that he/sl).t/th~ executed the same in
his/l)Pf/thsMr authorized capacity(i~, and that by his/h.tlt/thpfr signature(~ on the instrument
the person~, or the entity upon behalf of which the person(,a7 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature --4/ Jf
r- Jun._ ~~tE~IE.~.1LMO~~
"'8'-~ COMM. # 1808252 Z
~. NOTARY PUBLIC - CALIFORNIA~
- SAN BERNARDINO COUNTY J
1 ' My Comm. ExpiresAug:~!_~~~~.
_"1.fLN . ~1l ._._--~ if. _ 1.Jif.'" _. _____ .
-2-
. APN: 0141-311-06
2010-319
EXHIBIT "A"
PARCEL A:
A STRIP OF LAND, 10 FEET WIDE, IN THE CITY OF SAN BERNARDINO, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF LOT 14,
BLOCK 54 OF RANCHO SAN BERNARDINO, ON FILE IN BOOK 7 OF MAPS, PAGE
2, RECORDS OF SAID COUNTY, THE CENTERLINE OF SAID STRIP OF LAND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF THE TWIN
CREEK FLOOD CONTROL CHANNEL, 400 FEET WIDE, WITH THE CENTERLINE OF
ORANGE SHOW ROAD, SAID INTERSECTION BEING SOUTH 89'23'08" WEST 420.63
FEET FROM THE CENTERLINE INTERSECTION OF ORANGE SHOW ROAD WITH
WASHINGTON AVENUE, THENCE SOUTH 00'32'26" EAST 1856.00 FEET ALONG
SAID EASTERLY LINE TO THE INTERSECTION OF SAID EASTERLY LINE WITH THE
SOUTHERLY LINE OF A 70 FOOT WIDE TRANSMISSION LINE EASEMENT AS
RECORDED IN BOOK 4155 PAGE 501, OFFICIAL RECORDS OF SAID COUNTY;
THENCE CONTINUING SOUTH 00'32'26" EAST 127.51 FEET; THENCE SOUTH
89'27' 45" WEST 400.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID
TWIN CREEK FLOOD CONTROL CHANNEL, SAID POINT ALSO BEING THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS
OF 1000.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH
89'27' 45" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 49'40'17" AN ARC DISTANCE OF 866.93 FEET TO THE TRUE POINT
OF BEGINNING; THENCE NORTH 75'49'47" WEST 32.11 FEET; THENCE NORTH
39'59'36" WEST 135.60 FEET; THENCE NORTH 11'33'08" EAST 93.52 FEET;
THENCE NORTH 52'57'33" EAST 3.38 FEET; THENCE NORTH 83"34'05" EAST
2.38 FEET TO THE POINT OF TERMINATION.
THE SIDELINES OF SAID 10 FOOT EASEMENT SHALL BE SHORTENED OR
LENGTHENED TO COMMENCE ON SAID WESTERLY LINE OF SAID TWIN CREEK
FLOOD CONTROL CHANNEL AND TO TERMINATE ON A LINE THAT BEARS SOUTH
06'25'55" EAST FROM SAID POINT OF TERMINATION AND ITS NORTHERLY
PROLONGA TION.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE
AP ART HEREOF.
~~~~~
DAVID T. ROSELL P.L.S. 6281
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PROJECT NAME: Serial Number 68548A
APN: 0141-311-06
EXHIBIT "C"
CONDITIONS
1. Grantee hereby agrees to save and hold harmless Grantor and its officers or employees from
all sums which Grantor or any of its officers or employees may be obligated to pay by
reason of any liability imposed on them for damages arising out of the performance of the
services rendered by Grantee and caused by any error, omission or act of Grantee or any
person employed by him or her or any others for whose acts Grantee is legally liable. Said
sums shall include, in the event of legal action, court costs, expenses of litigation and
reasonable attorney's fees.
2. Grantor hereby agrees to save and hold harmless Grantee and its departments, agencies,
officers or employees from all sums which Grantee or any of its departments, agencies,
officers, or employees may be obligated to pay by reason of any liability imposed on them
for damages arising out of the performance of the services rendered by Grantor and caused
by any error, omission or act of Grantor or any person employed by him or her or any others
for whose acts Grantor is legally liable. Said sums shall include, in the event of legal action,
court costs, expenses of litigation and reasonable attorney's fees.
3. Grantor reserves the right to use said real property in any manner, provided such use does
not unreasonably interfere with Grantee's rights hereunder. No structures will be erected
within the limits of this easement to include but not limited to buildings, walls, swimming
pools, ponds, fences and similar type structures. Any structures placed within easement
limits without the approval of the Grantee will be removed at the Grantor's expense.
4. No substantial landscape items will be installed within the limits of this easement to include
but not limited to trees, shrubs, landscape walls and similar type landscape material.
Limited groundcover landscaping will be subject to written approval by Grantor and any
landscape groundcover material previously approved by Grantor, and placed within
easement limits and subsequently removed due to Grantee's activity shall be replaced by
Grantee at Grantee's expense. Any landscape material placed within easement limits
without the approval of the Grantor will be removed at Grantee's expense.
5. Grantor reserves the right to require Grantee, at Grantor's expense, to remove and relocate
all improvements placed by Grantee upon said real property, upon determination by Grantor
that the same will interfere with future development of Grantor's property. Within 180 days
after Grantor's written notice and demand for removal and relocation of the improvements,
Grantee shall remove and relocate the improvements to a feasible location on the property of
Grantor, as designated by Grantor provided that Grantor shall grant Grantee with an
easement in such new location, on the same terms and conditions as herein stated, all
without cost to Grantee, and Grantee thereupon shall reconvey to Grantor the easement
herein granted.
6. Grantee agrees to use due care in any use of the easement herein granted and in the
construction, installation, repair, replacement and maintenance of Grantee's improvements
on the easement area as provided for herein so as not to unreasonably disturb Grantor's use
of its property.
W:\@Trans\@Engr\Nevarez_Mi\Form-Grant of Easement SeE 9-15-10 change to no. 4.doc