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HomeMy WebLinkAbout14-Public Works CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION Date: July 14, 2011 Subject: Resolution authorizing the execution of a Grant of Easement to Southern California Edison Company for underground utility purposes across City owned property located at 2121 Medical Center Drive (Fire Station No. 223). From: Nadeem Majaj, Director Dept: Public Works - Real Property File: 15.028-12 MCC Date: August IS, 2011 Synopsis of Previous Council Action: None. Recommended Motion: Adopt Resolution. ~#_~~. ad m Majaj Contact Person: Ryan Sandoval- Real Property Specialist Supporting data attached: Staff Report, Maps, Letter, Reso Phone: 5226 Ward(s): 6 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A Acct. Description: N/A Finance: Council Notes: Agenda Item No. /'-1 08'-/~ -.:;off CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Resolution authorizing the execution of a Grant of Easement to Southern California Edison Company for underground utility purposes across City owned property located at 2121 Medical Center Drive (Fire Station No. 223). BACKGROUND: On April 26, 2011, a letter was received from SWCE Civil Engineering on behalf of Southern California Edison Company (SCE), requesting an easement for underground electrical conduit over a portion of City owned property located at 2121 Medical Center Drive, Fire Station No. 223. The purpose for the request is a result of the City's requirement to underground all overhead utilities relative to a new affordable senior housing development, The Magnolia at Highland, being constructed on the southwest comer of Medical Center Drive and Highland Avenue, across the street from Fire Station No. 223. To facilitate the undergrounding requirements of the appurtenant pole line, SCE needs an easement that is approximately 240 sq. ft. (6' X 40') on the northwesterly portion of the City property. The attached map indicates the proposed easement area. The Fire Department has also indicated they have no conflicts with granting of the easement. This fire station site was also included in a Facility Lease with lBank dated April 15, 2006 relative to the City-wide Pavement Reconstruction and Rehabilitation Project. Pursuant to the Facility Lease, lBank needs to approve any easements that encumber any of the sites included in the Facility Lease. lBank has agreed to and given written approval allowing the easement to be granted to SCE (see attached letter). The attached resolution authorizes the execution of an easement to SCE over City property. All recording fees associated with this easement will be paid for by SCE. FINANCIAL IMPACT: None. Southern California Edison Company will pay all recording fees relative to this easement. RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Vicinity Map lBank Letter Resolution 2 w Highland Ave. Base Line St. 5th St. 0 . . .; ." > "0 " " 0 0 ~ MIIISt. CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT REAL PROPERTY SECTION ~ Indicates un-incorporated areas within City's ~ Sphere of Influence LoeA TION OF PROPOSED EASEMENT ~ ~ ~ c . ~ E .!11 ~ 00 ~ Orange how Rd. .; ~ . o o ~ l'i 0- F ". , o J( VICINITY MAP 'W fJ NTS y PROPOSED EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY (SCE) FOR UNDERGROUND UTILITY PURPOSES OVER CITY OWNED PROPERTY - 2121 MEDICAL CENTER DRIVE (FIRE STATION NO. 223) Created by: Ryan Sandoval Date: 06/29/2011 41.25 !I LOT 1, TRACT NO. 2852 MB 40/29-30 LOCATION OF PROPOSED EASEMENT 250 40' d: 2121 MEDICAL CENTER DR. (FIRE STATION NO. 223) o L{) ~ o L{) ~ 250 o ('I') 21ST STREET o ('I') JV' ~ (J NTS ::I CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT REAL PROPERTY SECTION PROPOSED EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY (SCE) FOR UNDERGROUND UTILITY PURPOSES OVER CITY OWNED PROPERTY - 2121 MEDICAL CENTER DRIVE (FIRE STATION NO. 223) ~ Indicates proposed easement area Created by: Ryan Sandoval Date: 06/29/2011 .. ~ I BANK Edmund G. Brown Jr. Governor Board Members: Vacant Chair Secretary. Business, Transportation and Housing Agency Bill Lockyer State Treasurer Ana J. Matosantos Director Department of Finance Anna M. Caballero Secretary, State and sumer SelVices Agency D. Everett Rice Governor's Appointee Executive Director: Stanton C. Hazelroth Mailing Address: P.O. Box 2830 Sacramento, CA 95812- 2830 Office Address: 980 9" Street, Suite 900 Sacramento, CA 95814 (915) 322-1399 (916) 322-6314 FAX www.ibank.ca.gov California Infrastructure and Economic Development Bank June 15, 2011 Mr. Ryan Sandoval Real Property Specialist City of San Bernardino Re: Southern California Edison Company (SCE) Easement 2121 Medical Center Drive Facility Lease No. CIEDB B05-064 Dear Mr. Sandoval: In your email dated April 14, 2011, you requested the California Infrastructure and Economic Development Bank's (I-Bank) consent for the City of San Bernardino (City) to grant an easement in favor of SCE on Parcel 2 of the Site leased to the City in the Facility Lease (Leased Property). SCE has requested a "Grant of Easemenf' to permit it to underground 40 feet of the electrical pole lines existing on an easement for public utilities that was in place when the Facility Lease was entered into (see Schedule B, Item # 4 of the Amended North American Title Company Preliminary Report date May 5, 2011). The proposed easement will be located on the northern six feet of the Lease Property, and will run 40 feet from the east side of Medical Center Drive. The proposed easement will facilitate the development of the property located west (across Medical Center Drive) of the Leased Property. The I-Bank's approval is required pursuant to Section 2.04 of the Facility Lease. The I-Bank has reviewed the documents provided by the City and hereby consents to the granting of the requested easement. Sincerely, /\ ~ ~hA'/ Stanton Hazelroth ! - . a - ~ ~l- Executive Director I-Bank 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY ACROSS A PORTION OF CITY OWNED PROPERTY LOCATED AT 2121 N. MEDICAL CENTER DRIVE, KNOWN AS FIRE ST ATION NO. 223 (APN 0143-012-44). 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 a portion of City owned property, located at 2121 N. Medical Center Drive, known as Fire Station No. 223 or Assessor Parcel Number 0 143-0 12-44, and morc fully described in the Grant of Easement document attached hereto as Exhibit" 1 " and made a part hereof. /II /II 07/14/2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY ACROSS A PORTION OF CITY OWNED PROPERTY LOCATED AT 2121 N. MEDICAL CENTER DRIVE. KNOWN AS FIRE STATION NO. 223 (APN 0143-012-44). I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a the day of Council Members: AYES MARQUEZ JENKINS BRINKER SHORETT KELLEY JOHNSON MCCAMMACK meeting thereofheld on ,2011, by the following vote, to-wit: NAYS ABSTAIN ABSENT City Clerk The foregoing resolution is hereby approved this _ day of Approved as to form: 07114111 ,2011. PATRICK.T. MORRIS, Mayor City of San Bernardino 2 RECORDING REQUESTED BY E] rBRfsON An EDISON INTERNATIONAL Company WHEN RECORDED MAIL TO SOUTHERN CAUFORNIA EDISON COMPANY Real Properties 2131 Walnut Grove A venue, 2nd Floor Rosemead, CA 91710 Attn: DistnbutionffRES SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT DOCUMENTARY TRANSfER TAX S NONE NAlUE -,~, ooeNmY ""'SIZE AND CONSI>ERATlON LESS THAN S100.001 Redlands TD486869 SCECompa'>y FlY 232-2205-1 """"""'" ~ ""'" ~ OF 0ECl.ARANT OR AGENT DETERMlJa<<; TAX -- ..... 0143-012-'14 .......""""""'" SLS/GB 6/29120 II CITY OF SAN BERNARDINO, a mWlicipal corporation (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time W1derground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, Wlderground conduits, cables, vaults, manholes, handholes, and including above- ground enclosures, marketS and concrete pads and other appurtenant fIXtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the County of San Bernardino, State of California, described as follows: THE WESTERLY 40.00 FEET OF THE NORTHERLY 6.00 FEET OF THE SOUTHERLY 150.00 FEET OF LOT I, TRACT NO. 2852, AS PER MAP RECORDED IN BOOK 40, PAGES 29 AND 30 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code. Grantor agrees for himself, his he~ and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building. planter boxes, earth fill or other structures except walls and fences on the above descnbed real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, fur the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surfuce of the groWld around such excavation, and shaI~replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. EXHIBIT "1" EXECUTED this ~ day of ,20__ GRANTOR CITY OF SAN BERNARDINO, a municipal corporation Signature ~~ vO Print Name Title GRANTEE SOUTHERN CALIFOR.'IL-\ EDISON COMPA."l'r'_ a corporation ~ DIDo~ Real . 'V- t Date 2 D5E800679(, County of ) ) ) State of Cali fomi a before me. , personally On (here insert name and title of the officer) appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are suhscribed to the within instrument and acknowledged 10 me that he/she/they executed the same in hislher/their authorized capacity(ies), and thai hy hislherltheir signature(s) on the instrumenl 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 Slale ofCalifumia thai the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature (This area for notary stamp) State ofCaJifornia County of ) ) ) On before me, , personally (here insert name and title of the officer) 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 belshe/they executed the same in hislher/their authorized capaclty(ies), and thai by hislher/their signalure(s) on the instrument the persoo(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 Slate of Cali fomi a thai the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature (This area for notary stamp) State of California County of ) ) ) On before me, , personally (here insert name and title of the officer) appeared who proved to me on the basis of satisfactory evidence to he the person(s) whose name(s) is/are subscribed 10 the within instrument and acknowledged 10 me that belshe/they executed the same in hislher/their authorized capacity(ies), and thai by hislher/their signature(s) on the instrument the person(s), or the enlity upon hehalfofwhich the person(s) acted, executed the instrument I certifY under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph is true and correcl. WITNESS my hand and official seal. Signature (This area for notary stamp) 3 DSE800679060 RECORDING REQUESTED BY SOUIUlRN CALlFORNI~ EDISON An ED/SO:\' L\TERSATJO.\'Al. Cl1mpan) WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY Real Properties 213 I Walnut Grove Avenue, 2nd Floor Rosemead, CA 9 I 770 Attn: DistributionrrRES SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT DOCUMENTARY TRANSFER TAX S NONE NAlUE ,~~" ,~""" -= AND CONSIDERATION LESS THAN S100.001 Rcdlands TD486869 seE Company FlU 232-2205-1 APPRO""" ", ~,< SIG OF DEClARANT OR AGENT DETERMINING TAX F_NAiE APN 0143-012-44 REAL PROPERTIES SLS/GB 6/29/20 I I CITY OF SAN BERNARDINO, a municipal corporation (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handboles, and including above- ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the County of San Bernardino, State of California, described as follows: THE WESTERLY 40.00 FEET OF THE NORTHERL Y 6.00 FEET OF THE SOUTHERLY 150.00 FEET OF LOT I, TRACT NO. 2852, AS PER MAP RECORDED IN BOOK 40, PAGES 29 AND 30 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code. Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain. nOf to pennit the erection. placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. . . EXECUTED this _ day of ,20_, GRANTOR CITY OF SAN BERNARDINO, a municipal corporation Signature Print Name Title GRANTEE SOUTHERN CALIFORNIA EDISON COMP^,"IT, a corporation Dino J, LaBanca. Real Properties Department Date 2 DSE800679C -. State of California County of ) ) ) On before me, __~, personally (here insert name and title of the officer) appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose namc(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies). and that by hislher/their signature(s) on the instrument the pcrson(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 (This area for notary stamp) State of Cali fomi a County of ) ) ) On before me, , personally (here insert name and title of the officer) appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies). and that by hislher/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 omeial seal. Signature (This area for notary stamp) State of California County of ) ) ) On before me. , personally (here insert name and title of the officer) 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 hislher/their authorized capacity(ies). and that by hislher/their signaturc(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted. executed the instrument. I ec-rtify under PENALTY OF PERJURY under the laws of the State oFCalifomia that the Foregoing paragraph is true and correct. WITNESS my hand and ollieial seal. Signature (This area for notary stamp) 3 DS E 8006 79060 TnAot..:ot..:Q