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· CITY OF SAN BERtOIDINO ~EQUEST .:)RFCOUNC.L1ACTION
"\
From:
ROGER G. HARDGRAVE, Director
Subject:
Grant of Easement to Southern
California Edison Company.
Dept: Public Works/Engineering
Date: September 26, 1989
Synopsis of Previous Council action:
None
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Recommended motion:
Adopt the Resolution.
cc: Marshall Julian, City Administrator
James F. Penman, City Attorney
Jim Richardson, Oep. City Adm. Dev.
Contact person:
Verne Nadeau
Phone:
1R4-C;O?fi
Supporting data attached:
Staff Report, Map
Ward:
1
FUNDING REQUIREMENTS:
Amount:
NONE
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No.
3'1
. CITY OF SAN BERtORDINO - REQUEST OR COUNCIL ACTION
...
STAFF REPORT
The Southern California Edison Company has requested an easement across a
porti on of Ci ty owned 1 and 1 oca ted on the West si de of "E" Street, South of
Orange Show Road. This property is presently leased to the San Bernardino
Valley Municipal Water District who are in agreement with granting the easement.
The easement is a tapering strip located on the Northerly line of the land in
question and is approximately 20 feet wide. The physical high tension poles
involved have been on the property since 1931 and the purpose of this easement
is to clear up some old problems and finite the location of the easement.
This individual acceptance by the Mayor and Common Council is necessary as the
document contai ns certain condi ti ons and covenants. After careful scruti ny of
the land involved and the existing conditions on the land, we find that the
document does not contain any unduly adverse restrictions or reservations and no
appropriation of money is required. The City will be receiving a $1,000.00
processing fee for its time and effort involved.
We therefore recommend that the document be executed.
75-0264
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AN EASEMENT TO THE SOUTHERN
CALIFORNIA EDISON COMPANY CONCERNING PROPERTY GENERALLY
LOCATED ON THE WEST SIDE OF "E" STREET, SOUTH OF ORANGE SHOW
ROAD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City of San Bernardino execute
a Grant of Easement to SOUTHERN CALIFORNIA EDISON COMPANY, a
corporation, for the transmission of electrical energy and
appurtenant facilities.
SECTION 2. That the said Grant of Easement referred
to herein, a copy of which is attached hereto, marked Exhibit
II A" , and is hereby referred to and made a part hereof as fully
as though set out at length hererin, is hereby approved.
SECTION 3, That the Mayor and City Clerk of the
City of San Bernardino are hereby authorized to execute said
Grant of Easement on behalf of the City of San Bernardino.
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9-26-89
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RESOLUTION <:)HORIZING EXECUTION OF EAS,::~NT TO SO. CAL EDISON
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of
San Bernardino at a
meeting thereof, held on
the
day of
1989, by
the following vote, to wit:
AYES: Council Members
NAYS:
ABSENT:
Ci ty Cl erk
The foregoing resolution is hereby approved this
day of , 1989.
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City Attorney
BY:_~
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9-26-89
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RECORDING REQUESTED BY
~''I!~.,
~IFODIA BDISOB COMPABY
.,-",
WREN RECORDED MAIL TO
Suux__ CALIFODIA BDISOB COMPABY
P.O. BOX 410
LONG BEACH, CA 90801
ATTNI REAL PROP. AND ADMIN. SER.,
LAND RIGHTS
SPACE ItIDiE THI.S LIE FOR RECORDER' 5 USE
IlOClJENTARY TRANSFER TAX S
CQIIIUTED ON FUlL VAlUE OF ~TY CONVEYED.
OR CQIIIUTED ON RIlL VAlUE LESS LIENS AND
EMClIIIllMCES REMINItl6 AT TIME OF SALE.
SO. CALIF. EDISON CO.
SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX. FIRM NAME
Location: City of San Bernardino
A.P.N~ 141-252-02
GRANT OF EASEMENT
CITY OF SAN BERNARDINO, a municipal corporation,
(hereinafter referred to as -Grantor-), hereby grants, and San
Bernardino Valley Municipal Water District, (hereinafter referred to
as -Tenant-) hereby consents to said grant, to SOUTHERN CALIFORNIA
EDISON COMPANY, a corporation, its successors and assigns,
(hereinafter referred to as -Grantee-) an easement and right of way
to construct, operate, use, maintain, alter, add to, reconstruct,
enlarge, repair, renew, replace, inspect, improve, relocate, and/or
remove, at any time and from time to time, electrical systems and
communication systems (hereinafter referred to as -systems-)
consisting of wood and/or metal poles, guy wires and anchors,
crossarms, wires and other fixtures and appliances, with necessary
appurtenances, both overhead and underground, for conveying electric
energy to be used for light, heat, power, and for transmitting
intelligence by electrical means and/or other purposes, in, under,
on, over, along and across that certain real property in the City of
San Bernardino, County of San Bernardino, State of California,
described as follows:
That portion of Lot 23, Block 54, of the Rancho San
Bernardino as per map recorded in Book 7, page 2 of Maps, in the
office of the County Recorder of said San Bernardino County
described as follows:
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BEGINNING at a point in the West line of South -E- Street,
100.00 feet wide, said point being North 820 02' 04- West, 50.60
feet from a found l-inch iron pipe with tag marked San
Bernardino City set at the intersection of the centerlines of
said South -E- Street, 100.00 feet wide, and Blood Bank Road,
100.00 feet wide, as shown on Parcel Map No. 5284, recorded in
Book 51, page 4 of Parcel Maps in the office of the County
Recorder of said San Bernardino County, said point also being
South 700 14' 51- West, 52.77 feet from a found nail and tag
marked -LS 3035- set for the intersection of the centerline of
said South -E- Street and the Easterly prOlongation of the
Northerly line of said Lot 23, as shown on Parcel Map No. 773,
recorded in Book 7, page 65 of Parcel Maps in the office of the
County Recorder of said San Bernardino County; thence South 690
42' 03- West, 0.26 feet; thence South 870 40' 11- West, 285.35
fee:; thenc~ South 630 37' 11- West, 15.61 feet to a point in
the Easterly line of i.:hat c..ri:.ain flar':\31 of la~d d,?RcrihAd in
the Deed to the State of California recorded December 29, 1955,
in Book 3820, page 5420 of Official Records, in the office of
the County Recorder of said San Bernardino County; thence along
said Easterly line North 000 01' 59- East, 27.91 feet to a
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EXHIBIT "A"
- --
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Grant of Easement
City of San Bernardino, a
municipal corp., to
S.C.E.Co., a corp.
Serial No. S8860A
......."
point, said point being South 000 01' 59- West, 2.10 feet from a
found l-inch iron pipe with tag marked -L.S. 3035- per said
Parcel Map No. 773 set in said Easterly line; thence leaving
said Easterly line, North 630 37' 11- East, 4.92 feet to a point
in said Northerly line of Lot 23; thence along said Northerly
line North 880 55' 27- East, 294.88 feet to said West line of
South -E- Street; thence along said West line, South 000 20' 07-
East, 17.00 feet to the Point of Beginning.
1. Grantor and Tenant shall not construct, erect or place
any permanent structures upon said easement area conveyed to
Grantee. No permanent structures, including but not limited to
carports, will be allowed within said easement area, provided,
however, that certain non-rigid vehicle shades, consisting of canvas
fabric material, may be placed and uti lized by Grantor or Tenant
within the easement area. Use of the easement area by Grantor and/or
Tenant for non-flammable equipment storage, and nonflammable material
storage on an intermittent basis, is hereby approved by Grantee, as
well as the placement and use of non-rigid, canvas fabric vehicle
shades. If the Grantee requires access to its facilities, and said
access is obstructed by said equipment and material storage uses and
by said canvas fabric shades, then Grantor and/or Tenant agree to
remove such obstructions immediately upon notice by Grantee. Grantor
and Tenant agree to maintain said easement surface area in a
condition in all ways and at all times reasonably satisfactory to
Grantee.
2. Grantee agrees to hold harmless and indemnify Grantor
and its Tenant to the fullest legal extent from and against all
claims, losses, damages, expenses, and liabilities arising from or
growing out of l~ss or damage to property, including Grantor's
remaining contiguous property, or injury to or death of persons,
including employees of Grantor by reason of Grantor's exercise of the
rights hereby granted and resulting solely from the wrongful or
negligent acts of Grantee provided, however, that this covenant shall
not apply in those instances where such claims, losses, damages,
expenses, and/or liabilities are caused by the negligence of Grantor
or Tenant.
3. Grantor, its contractors, employees, and other agents,
and Tenant, its contractors, employees, and agents, will maintain a
mlnlmum clearance of seventeen (17) feet between their equipment and
any and all overhead electric conductors within said easement area.
4. Grantor, Tenant, and Grantee, shall have full
unobstructed access at all times to and wi thin the easement area.
The above named parties will interlock the existing and any future
proximate access security gates to assure uninterrupted access within
Grantor's property of which this easement is a part.
S. The above described easement is to be used for the
purposes specified herein, and, in the event:
(a) said easement is not so used;
(b) said real property shall be vacated as an easement
and right of way; or
(c) the project for which this easement is being granted
is abandoned,
.
then, in any such events, Grantee shall forthwith proceed with the
vacation or abandonment of the easement herein conveyed as prescribed
by law, if necessary, resulting in formal vacation and/or abandonment
and shall execute and deliver to Grantor a quitclaim of the easement
herein conveyed.
6. As a part of the consideration for the execution and
delivery of this easement by Grantor, this easement is accepted by
-2-
EXHIBIT "A"
-
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Gr~ of Easement
City of San Bernardino, a
municipal corp., to
S.C.E.Co., a corp.
Serial No. 58860A
......."
the Grantee upon the express condition that any improvement or future
improvements to be accommodated by the herein easement, regardless of
when constructed, shall be completed or constructed, utilized, and
maintained at no cost or expense to Grantor or Tenant.
7. Grantee hereby recognizes Grantor's title and interest
in and to the above-described real property and agrees to never
assail or resist Grantor's title or interest therein.
8. Grantee agrees that all construction or maintenance
equipment or vehicles of Grantee or its contractors, agents, or
employees, during the course of such construction or maintenance,
shall be parked clear of any structures of Grantor or Tenant and/or
rendered immobile when not in use. Further, Grantee agrees that all
of such equipment or vehicles shall be promptly removed from
Grantor's real property upon completion of necessary construction or
maintenance activities or upon suspension of such work for any
unreasonable period of time.
9. Grantee agrees to maintain the area of the easement
herein conveyed in a condition satisfactory to Grantor and Tenant.
10. Any necessary excavation shall be made and any
underground facilities shall be so installed so that after backfill
and replacement of earth material within said excavation, there shall
be no less than 24 inches of cover over the said installed
underground facilities as measured from the preexisting, natural
ground surface. FOllowing installation, Grantee shall promptly and
properly replace the earth material over said underground facilities,
shall tamp and/or water-settle such earth so that no depressions
shall be either left or allowed to develop in the restored surface
relative to the adjoining undisturbed ground surface. All earth fill
replaced within the area of the easement herein conveyed shall have a
relative compaction density of at least ninety percent (90\).
Following completion of installation and construction, the ground
surface affected by such excavation and construction shall be
restored to a condition reasonably equivalent to that existing before
such construction, including, but not limited to, the replacement in
kind of any existing paving.
11. Any and all facilities installed pursuant hereto shall
be installed in such a manner and be of such types of design,
materials, and fabrication as to be in all ways sufficient and safe
for the purposes for which planned and installed. Underground
conduits installed pursuant to the easement herein conveyed, if any,
shall be capable of withstanding external pressure and loading as
prescribed by engineering standards and building codes lawfully in
effect at the time of such installation.
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12. If requested by Grantor and Tenants, Grantee shall
place identification and location markers upon the ground surface
above any underground facilities installed pursuant to the easement
herein, of a number, location, and nature reasonably suitable to
Grantor and Tenant, indicating the type, location, and depth of any
facilities, structures, or equipment located by Grantee below the
natural ground surface of the above-described easement area,
13. In the event of termination of the rights herein
granted, Grantee shall at its own risk and expense, remove all its
f aci li ties, insta lled pursuant to the easement conveyed hereby and
restore the above-described real property to a condition reasonably
equal to its condition existing prior to said removal. If Grantee
should fail to do so within one hundred eighty (180) days after such
termination, Grantor may do so at the risk of Grantee, and all
reasonable costs and expenses of such removal, and the restoration of
said premises as prescribed above, together with accrued interest at
the rate of ten percent (10\) per annum, shall be paid by Grantee
-3-
EXHI B IT "A"
-
.
Gr~ of Easement
City of San Bernardino, a
municipal corp., to
S.C.E.Co., a corp.
Serial No. 58860A
'...,.
upon demand, provided, however, that the continued presence of
Grantee's abandoned facilities reasonably inhibits Grantor's further,
more economical use of the area of the easement herein conveyed. If
in the event of such termination, such continued presence of
Grantee's abandoned facilities does not reasonably inhibit Grantor's
further, more economical use of said easement area, Grantee shall not
be required to remove said installed facilities or pay for the
removal cost thereof.
14. Except for the continued use, operation, maintenance,
reconstruction, and repair of any of Grantee's facilities initially
installed pursuant hereto, consisting of a 66kV electrical power
transmission line and appurtenances, Grantee agrees that no
additional structures, power lines, conduit, or other facilities will
be installed by Grantee upon or within the area of the easement
conveyed hereby without at least sixty (60) days written notice to
Grantor and Tenant.
15. Grantee agrees that during any period of construction,
reconstruction, or repair activity by Grantee pursuant to the
easement hereby conveyed, wherein the ground and surface earth
material are exposed, it will periodically water down the
construction area within said easement area, in order to reasonably
prevent dirt and dust contamination to any of the adjoining
facilities .or equipment of Grantor or Tenant.
16. Grantee and its contractors, agents and employees
shall have at all times the right of free access to the systems to be
accommodated and constructed in accordance with the easement herein,
and every part hereof, for the purpose of exercising the rights
herein granted, and the right to clear and to keep clear the
above-described real property free from explosives, buildings,
equipment, brush, combustible material, and any and all other
obstructions of any kind which, in the opinion of Grantee, may
endanger its systems, or any part thereof, or interfere with the
exercise of the rights herein granted, except as allowed by written
approval as stipulated in paragraph one (1) above. Grantee has the
right to trim or remove any tree or shrub which, in the opinion of
Grantee, may be reasonably found to endanger said systems, or any
part thereof, or interfere with the exercise of the rights herein
granted.
17. Grantee agrees not
store or park any vehicle upon the
extent reasonably necessary during
reconstruction, maintenance, or
hereinabove.
to store flammable materials nor
easement conveyed, except to the
the course of any construction,
repair activities provided
18. Grantor and Tenant agree that a'll existing and future
fencing within the easement area shall be adequately grounded.
Future fencing within the easement, other than that approved by
Grantee, will not be permitted.
19. Any notice given by either party hereto as provided
herein may be served by depositing into the United States Mail,
postage prepaid, a sealed envelope containing a copy of such notice
addressed to notified party at the customary mailing address of its
principal place of business.
20. In case of any suit to enforce any terms, covenants or
conditions of this easement herein, whereby Grantee stipulates or is
adjudicated to be at fault or liable, Grantee agrees to pay Grantor
or Tenant, in addition to any other relief or recovery to which
Grantor or Tenant may be entitled, a reasonable attorney's fee to be
fixed and allowed by the Court having jurisdiction.
-4-
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EXHIBIT "A"
oil
1''''''''.
G~ of Easement
City of San Bernardino, a
municipal corp., to
S.C.E.Co., a corp.
Serial No. 58860A
"'-"
21. The use of the neuter gender herein will, when
appropriate, be construed to mean either the masculine or feminine
gender or both. Unless expressly provided elsewhere, anything herein
to the contrary, the terms, covenants and conditions of this Easement
shall inure to the benefit of and be binding upon the successors,
representatives and assigns of the parties hereto.
San Bernardino Valley Municipal Water District, Tenant
under the lease between it and said Grantor commenced on May 1, 1966,
as amended by amendments dated December 14, 1966, and August 1, 1969,
joins in the execution of the herein easement grant for the sole
purposes of concurring in, consenting to, and ratifying said easement
and all the terms' and conditions herein and for the additional
purpose of subordinating the encumbrance of the leasehold estate
under said lease to the encumbrance of the easement herein conveyed.
SAN BER ARDINOrVALLEY MUNICIPAL
WATER ~CT , /J
By ~
preS~d.~
By #/h-, ~
Secretary
EXECUTED this
18th
day of September
, 19 89
CITY OF SAN BERNARDINO
By
By
COUNTY OF San Bernardino
)
) ss.
)
STATE OF CALIFORNIA
On this 18th day of September , 19~,
before me, a Notary Public in and for said State, personally appeared
Henry H. Van Mouwer~k , personally known to me (or proved
to me on the basis of satisfactory evidence) to be the
President and William Katona , personally
known to me (or proved to me on the basis of satisfactory evidence)
to be the Secretary of the San Bernardino Valley
Municipal Water District, the water district that executed the within
instrument, and acknowledged to me that they executed the same on
behalf of such water district.
. OFFICIM.IUL
..... L. MI18I
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WITNESS my hand and official seal.
~ - /:7 ..
. L~f -:I: 1\.# -ti,.,
Robert L. Reiter
-5-
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EXHIBIT A
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Gr~ of Easement
City of San Bernardino, a
municipal corp., to
S.C.E.Co., a corp.
Serial No. 58860A
/""""""-
4
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COUNTY OF
)
) ss.
)
STATE OF CALIFORNIA
On this day of , 19_,
before me, a Notary Public in and for said State, personally appeared
, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the
and , personally
known to me (or proved to me on the basis of satisfactory evidence)
to be the of the Ci ty of San Bernardino, the
municipal corporation that executed the within instrument, and
acknowledged to me that they executed the same on behalf of such
municipal corporation.
WITNESS my hand and official seal.
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EXHIBIT A