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HomeMy WebLinkAbout2011-244 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. 2011-244 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). 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 0143-012-44, and more fully described in the Grant of Easement document attached hereto as Exhibit "I" 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 17 18 19 20 21 22 23 24 25 26 27 28 2011-244 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 j oint regular meeting thereofheld on the 1 ~~h day of AlIglll=:t" ,2011, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ X JENKINS X X BRINKER SHORETT X KELLEY X X JOHNSON X MCCAMMACK , !,(//7t~tJv<t~' City Ie .49sJ.5faJ-c;y C'/#~ The foregoing resolution is hereby approved this ~ day of August , 2011. ~~S;-MaYor . of San Bernardino Approved as to form: 07/14/11 2 2011-244 RECORDING REQUESTED BY m EDisON An EDISON INTERNATIONAL Company WHEN RECORDED MAIL TO SOlI11fEfUI CAUFORIIIA EDISON ~ANY Real Properties 2131 Walnut Grove Avenue, 2nd F100r Roseme~, CA 91 no AtIn: DistributionlfRES SPACEABO\IE THIS UNE FOR RECORDER'S USE GRANT OF EASEMENT ~ alAlrNl.'t TRA.lJSI ER TAX I un.: NAil u: -.-. -, RedIauds TI>436869 see ......... .11I 232-2205-1 --- 8IG. OFIECt.NtMlTORMENT~. _.IQ TAX -- .... 0143-012-44 REN..~I.:;go SLSlGB 612912011 CITY OF SAN BERNARDINO, a municipal corporation (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a COIpu1ation, its SIlC(;eSsors and assigns (hereinafter referred to as "GraIIfee"), an ras-- _ rigbt of way to COuStlud, use, .....inbin. operaIe, alter, add to, repair, rep1ace, lecoosbuct, inspeet and remove at any ~ _ Iiom time to ~ underground e1ectricaI supply systems and commnnir.arin., systems (hereinafter IJ~u.d to as "systems"). C<..M;.n,tg of wires, underground conduits, cables, vaults, manbo1es, bandholes, and includiog above- ground eoclosun:s, IIIlII'kas and concrete pads and oIher appurtenant fixtures and equipment nee l 'i or useful for diSlributing e1ec:trical energy and for b ..._"ill;.o& infelligenc:e by e1ectrica1 means, in, on, over, under, across and along 1bat certain real property in die County of San BemanIino, Slate of California, desaibed as follows: TIlE WESTERLY 40.00 FEET OF TIlE NORTHERLY 6.00 FEET OF TIlE SOUTHERLY lSO.OO FEET OF LOT I, TRACT NO. 2852, AS PER MAP RECORDED IN BOOK 40, PAGES 29 AND 30 OF MAPS, IN TIlE OFFICE OF TIlE COUNTY RECORDER OF SAID COUNTY. This legal description was plepaled pursuant to Sec. 8730(c) of the Business It. Professions Code. Grantor agrees fur himse1f; bis heirs and .....llI"'. DOt to erect, place or .....-iIl. 110I' to permit the erection, placement or ma~"',,,,,_.e of any buiIdiDg. pl80fer boxes, earth fill or olber _ except wa1ls _ fi::aces on die above described real P'''I''''ty. The Granlee, 88d its ......n........... agenIs and emp1oyees, sball bave die rigbt to trim or cut tree mots as may endanger or .....t.a'" wiIb said systems and sball bave tree aa:ess to said systems and every part thereof; at all times, fur die .....P""'" of exercising die rigbts bereD granted; provided, however, 1bat in making any excavation on said property of the Grantor, the Grantee sball make the same in such a manner as will cause the least iI\jury to the sudiIl:e of the ground around such excavation, and sIJall.replaEe the earth so removed by it and restore the sudiIl:e of the ground to as near the _ condition as it was prior to such exc8vation as is practicable. EXHIBIT "I" EXECUTED Ibis _ day of 2011-244 ,20_, GRANTOR CITY OF SAN BERNARDINO, a municipal COtl""dtion signature ~4. UJ Print Name Title GRANTEE SOUTHERN CALIFORNIA EDISON COMPANY, a COlI""'..noo ~ =~""# Dale 7 DSES006790 2011-244 Stale of California County of ) ) ) On before me, .pcrsonaIly (here insert name and title of the om"",) appealed who proved 10 me on the basis of ~ evideace 10 be the person(s) whose oame(s) W.... subscn1lod 10 the wilhio iusb~d and acImowIedged 10 me 1baI beIsbcIlbey executed the ....., in hisIb..".,... autt.o.i..ed c:apKity(ies), and 1baI by bisIberftbeir sigoature(s) <HI the inslrumeut the person(s), ... the entity upon bebaIf of..mch the person(s) acted. ...""""'" the iusbwu<ut. I c:ertilY W1der PENALlY OF PERJURy W1der the laws of the Stale ofCalifomia tbaI the Iiln:going palagJopb is true and correct WITNESS my band and official seal. Signature (This ..... fur DOllIly Slamp) Stale ofCalifomia County of ) ) ) On befure me, .pcrsonaIly (here insert name and title of the offi"",) appeared who proved 10 me on the basis of _.m.ctn.-y evideace 10 be the person(s) whose oame(s) W.... subsaibed 10 the wilhio iDsIrument and acknowledged 10 me 1baI belsbeItbey executed the same in hislberltbeir authorized CIIpIICi1y(ies), and tbaI by bisIberftbeir sigoature(s) <HI the inslrumeut the person(s), or the entity upon bebaIf of..mch the person(s) acted. ""..-..t the m.t........d. I c:ertilY W1der PENALlY OF PERJURY W1der the laws of the Stale of California 1baIthe Iiln:going paragJlIIlh is true and correct WITNESS my band and official seal. Signature (This..... fur notary Slamp) Stale of California County of ) ) ) On befon: me, . pcrsonaIly (hen: insert name and title of the ofti=) appealed who proved 10 me <HI the basis of ..m.r..lioo, evidence 10 be the person(s) whose oame(s) W.... subsaibed 10 the wilhio iDslrument and aclmowIedged 10 me 1baI bel9hdtbey executed the ....., in hisIherItbeir authorized ....-It,(ies), and tbaI by hislberltbeir sigoature(s) <HI the iustnnneat the persoo(s). or the entity upon bebaIf of..mch the person(s) acted. executed the iDsIrument. I certifY under PENALlY OF PERJURY UDder the laws of the State of CaIifurnia tbaI the foregoing paragJlIIlh is true and correct WITNESS my band and otli<:ia1 seal. Signature (This ..... fur DOllIly Slamp) 3 DSE800679060 "I"I""tAO#;.VI;;Q 2011-244 RECORDING REQUESTED BY rt roRfsON An EDISON INTERN..tTIONA.L Com an' (CQ)[PY WHEN RECORDED MAIL TO SOUTHERN CAUFORNIA EDISON COMPANY Real Properties 2131 Walnut Grove Avenue, 2nd Floor Rosemead, CA 91770 Attn: DistributionffRES SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT DOCI.Jl4ENTARYTRANSFER TAX S NONE NAL""E -.- .--, " -- AND CONSIDERATION I ~!l:.-C: THAN 1100 om Redlands 11>486869 see "- flY 232-220:>-1 ............ .' ~.. stG. OFDECl..AIWITORAGENT DETEJ1IIr.IGTAX -- APN 0143-012-44 REAI..~l~ SLSlGB 6/2912011 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, handholes, 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, 011, over, under, across and along that certain real property in the County of San Bernardino, State of California, descnbed 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 pursuanllo Sec. 8730(c) of the Business & Professions Code. Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to pennit the erection, placement or maintenance of any building, planter boxes, earth flU 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. 2011-244 EXECUTEDIhis ~dayof Au.Sill .2011.- GRANTOR CI1Y OF SAN BERNARDINO. a uauui<.ivaI CCJlpu..ltion ~:::: ~ Print Name ~"'YP1 GRANTEE SOUTHERN CALIFORNIA EDISON COMPANY, a ~fNlatioo. DiDo J. T ..'A_, Real f').......lb o..l""l>u..ul Date 2 DSE800679C " " 2011-244 , State of California ) County of So..n fu-nardio~ On brlVi II. 1.b11 beforeme,~\i~ m. ~1I11.1jpr- \''\a.l'flewS I~ry ~ pcrsonally ~ (here insert name and title of the officer) appean:d i k. . vY\ (r; S who proved to me on the basis of satisfactory evidence to be the personjK whose is/Ill subscribed to the within instrument and acknowledged to me that beI~ executed the same in hi~ir authorized capacity(~, and that by his!Jlllt.ltU(!r signaturej.llt on the instrument the perso~ or lbe entity upon behalf of which lbe person(J( acted, executed the instrument. I certity under PENALTY OF PERJURY under the laws oflbe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sign County of ) ) ) I......:=;~~ i NalaIy MlIo . I 1_ ~.... 11III._.&_ c:..Ir ---- -~:::~~!J State of California On before me, , per.lOnally (here insert name and title of lbe officer) appean:d who proved to me on the basis ofsatisfaclol)' evidence to be the person(s) whose name(s) is/are subscribed to lbe within instrument and acknowledged to me that belshe/they executed lbe same in hislherltheir au1horized capacity(ies), and lbat by hislber/lbeir signature(s) on lbe instrument the person(s), or lbe entity upon behalf of which lbe person(s) acted, executed the instrument. I certity 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 notal)' stamp) Stale of California County of ) ) ) On before me, , per.lOnaIly (here insert name and title of the officer) appean:d who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to lbe within instrument and acknowledged to me that belshe/they executed the same in hislherltheir authorized capacity(ies), and that by hislberltheir signature(s) on the iostrument 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 Stale of California that lbe foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (This area for notary stamp) 3 DSE800679060 TNR/;lI/;Q