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HomeMy WebLinkAbout9838 20 21 22 23 24 25 26 27 28 29 30 31 32 15.02-190 44 & 45 1 RESOLUTION NO. ;1 f'5 r 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING AN EASEMENT FOR STREET AND HIGHWAY 3 PURPOSES FROM SOUTHERN CALIFORNIA EDIOON COMPANY, A CORPORATION ORGANIZED UNDER THE lAWS OF THE STATE OF CALIFORNIA, FOR A PORTION 4 OF WATERMAN AVENUE NORTH OF CARDIFF STREET, AND A PORTION OF CARDIFF STREET EASl' OF WATERMAN AVENUE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 Section 1. That the City of San Bernardino does hereby 8 accept an Easement dated May 1, 1969, from Southern California 9 Edison Company, a corporation organized under the laws of the 10 State of California, for a portion of Waterman Avenue north of 11 Cardiff Street, and a portion of Cardiff Street east of Waterman 12 Avenue, to be used for street and highway purposes. 13 Section 2. That a copy of said easement is attached 14 hereto, marked Exhibit -A- and referred to and made a part hereof 15 as fully as though set forth at length herein. 16 Section 3. The City Clerk is hereby directed to record 17 said easement with the County Recorder of San Bernardino County. 18 I HEREBY CERTIFY that the foregoing resolution was duly 19 adopted by the Mayor and Common Council of the City of San Bernar- dino at a 7~t~ da~ ')>.7 , 1969, by the following vote, meeting thereof held on the /4.--4 . to-wit : - NOES: ~ L ABSENT:~. .,,~/. -u)vt~~~>,+ ~../ i7 . /J(/.uJ! {'. ?;:-~ ~ C~ ty ~:r'F'r~ The foregoing resolution is hereby approved this ~~ day of '/h?r f."~ MaYO~ the 1t of San/Bernardino , 1969. 1 2 3 4 5 6 71 I 81 9' I 10' I 111 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Approved as to form: ~ 0 , .. M~tctl Ci y orney FILED MAY;: 01868 ~T. ~~LTON, City Clerk ~~ . ,". . I~ rJ'~ !.:~ ~4""" I:.: ::::':l ,(j ~< ! j CD~ II::::; a::~ '" '" i~ :E_~l i~ 6~ j~ ~~JI l~) 0- ~.. I....... ,~I 2: """I 'I:"" "/ l~ o..~i I~ ,~! I "'J. ."" ~ "I w.. ~ i\i. t' I Fi;~ :! . "I II~ C sl j U) ....; ~ ,1 .", .\:":'-'." :K!\J" :J; j",; [ "" ' ,. i o. ,~~ '; -', .-I ..~ ~ '-~ l ;i . ,: ; r \.J "I " ': \. . 6 7 8 9 101 111 12 13 14 15 16 17 18 , 191 20 211, 22 23 24 25 26 27 28 29 ~,O 31 -') .:>~ I o o " 1 E A S E MEN T -------- I 2' 3 SOUTHEili~ CALIFORNIA EDISON COMPANY, a corporation organ- 41 ized under the laws of the State of California, and having its 5' principal place of business at the City of Los Angeles in said State, hereinafter called "Grantor", does h~reby grant to the CITY OF SAN BERNARDINO, hereinafter called "Grantee", an easement for street and highway purposes in, on, over and across that certain real property in the County of San Bernardino, State of California, described as follows: Those portions of Lot 22 in Block 45, of Subdivision of the Rancho San Bernardino, as per plat recorded in Book 7, page 2 of ~aps, in the office of the County Recorder of said County described as follows: Parcell: Beginning at a point in the Northerly line of Cardiff Street 40.00 feet wide, 444.25 feet Easterly measured along said Northerly line from the East line of Waterman Avenue 82.50 feet wide, said point also being the Southeast corner of that portion of said Lot 22 conveyed to Southern California Edison Company, Ltd., by deed recorded January 2, 1932 in Book 780, page 28 of Official Records in the office of the County Recorder of said County; thence North 890 42' 42" West along the Northerly line of said Cardiff Street, 65.88 feet to a point on a non-tangent curve concave Southeasterly, having a radius of 344.00 feet, a radial line to said curve at said point bears North 21049' 04" West; thence Northeasterly along said curve through a central angle of 110 24' 58" a dis- tance of 68.54 feet to a point on the Easterly line of said parcel of land conveyed to Southern Cali- fornia Edison Company, Ltd.; thence South 00 26'10" East along said Easterly line 18.65 feet.to the point of beginning. Parcel 2: The Easterly 8.75 feet of the Westerly 50.00 feet of that portion of said Lot 22 conveyed to Southern California Edison Company, Ltd., by deed recorded January 2, 1932 in Book 780, page 28 of Official . Records in the office of the County Recorder of said County. . SUBJECT TO, covenants, conditions, restrictions, reservations, rights of way, and easements whether or record or not affecting the above described real property. ...,.. . . . . !; ,I I " ii II EXHIBIT "A" ~ ,1-"- . 1 2 I 3 4 5 6 7 8 9 10 11 12 13 141 15 16 17 18 19 20 "' o o . . Said Grantee agrees to hold harmless and indemnify said Grantor, its successors and assigns, to the fullest extent to which it can legally do so, from and against all damage to such electric transmission, distribution and telephone lines and sup-, porting structures, appurtenances, pipelines and appurtenances,.. by reason of the construction, reconstructi~n and/or maintenance of said public street and highway, and to pay to Grantor, its successors or assigns, upon demand, any and all costs of relo- cation and/or construction of such electric transmission, distri- bution and telephone lines and supporting structures, appurten-. ances and pipelines which may be or become necessary by reason of the construction, reconstruction and/or maintenance of said public street and highway. The Grantor shall not .erect or place at any future time any of its facilities. so as to interfere unreasonably with the Grantee's use for street and highway pur- poses of the land affected by the easement hereby.granted. Said Grantor reserves for itself, its successors and assigns, the right to trim any tree or trees which may grow in the parkway of said street and highway and endanger or interfere with the proper operation or maintenance of said electric trans- 21 mission, distribution and telephone lines to the extent necessary 22 23 24 25 26 .27 28 to prevent any such interference or danger. This grant of easement is made and accepted upon and subject to the express condition that the initial opening, widen- ing and/or improvement of. the road or roadway for which this easement is given, regardless of the time performed, or any other work of improvement commenced within two years from the date of recording of this instrument, shall be done without cost or ex- 29 ! pense whatsoever to said Grantor, its successors or assigns, and 30 I 31 ! 32 that in the event a special assessment or assessments is or are levied by any authorized lawful body against the real property ,-.' of said Grantor, "its successors or assigns, for said opening, -2- J ....i: J.. i ~ ~. 1! II Ii ~!I 2 3 4 5 6 7 8 9 I 10 11 12 13 14 15 16 17 18 I, I 191 I 20 Ii I' 2111 22 23 24 _~__.._._,..n~ .,~.< o. o ",1' .. widening and/or improvement, the said Grantee, in consideration of the execution and delivery of this Easement by said Grantor, agrees, by the acceptance of this instrument, that it will re- imburse said Grantor, its successors or assigns, and it shall be the binding obligation of the said Grantee to reimburse said Grantor, its successors or assigns, for the f~ll amount of any and all such special assessment or assessments so levied for said improvements and paid by said Grantor, ~ts successors or assigns. The above-described property is to be used for public street and highway purposes only, and in the event said land is not used for public road purposes, or. if the project for the con- struction of said public street and highway is abandoned, or in the event said land shall hereafter be vacated as a public street and highway, it shall thereupon, ipso facto, revert to said Grantor, its succeSsors or assigns. The rights. hereby granted are not necessary or useful in the performance of the duties of said Grantor to the public. IN WITNESS WHEREOF, said Grantor has caused its corporate name and seal to be affixed hereto and this instrurnenttobe executed by its Vice President and Assistant Secretary, thereunto .duly authorized, this I ,1969. /1Ja;j day of SOUTHERN CALIFORNIA EDISON COMPANY . I '.. ./" /-{/ I .~ By .~/~t/~{,.-~-T'::< h:' '\. ..k9 c-c---z _~L..-~__..) -- ._~- _..............._.....~.'-,,'~ .~............-.......... -- ...~~ ' ....... STATE OF CALIFORNIA COUNTY OF Los Angeles } ... On .u.. .May-.l,~ J9 6_9_____' before me, a Notary Publie in and for said State, personally appeared _____S.mith_B_~_Da.vis_, known to me to be ___Y_ic:::_e_ President, and M. V. Riley ~ _________, known to me to b.,AssisJ;.ant Secretary, of Southern California Edison Company c ~ -.- -. -- -- -, the coq)oration th::lt executed the \\ithin instrument. and known to me to be the persons who executed the within instru. ~ mcnt on behalf of the said l'orporation, and acknowlcdg9d to me that such g corporation executed the same pursuant to its by.!aws or .. resolution of its U board of directors. ~ r ~ \VIT:\ESS my h;tnd unci official seal. ~'} " /' . / L_/ .- ~ ~-<'_J--?,//(.A'_!.~ x;:~,~~{-"~ 3 " . " o " '. , . ....- -- ~ . ''-' ",', 'i '.- "I , '~."::~;:-.--: - -- .",,:,::) "':~:_." ( ';1- " ,_,,'m ___....__.__ ._",. ,,__,~_"""..__<1"_'_" -'.."', ..... ..-- ~--. ,-, ~ ..--' \, ". -~~. "'." '".;-....-. .......,... i'_ I B./\L cal.u~" ><-..IIe>V --P'-~--'-'- -- -..--.-----~~ I Y9:~i Z4r;co;'ns~i ~3- ,......................, 19...... ... ; ~..~ ~.. ~~""":"I",...-.............~~-,...,."..... SO.......e> I ."".; ~:-:;-~l T~lr~ ---~ . w ::> z 1.U ~ '- ~ '0 : - . ~ N '0 . . 2 .., " " I I z <! :2:. 0:: W ti ;;: ,- , I PROJECT NO. +-@ " III ~ v V CARDIFF . -- ~lt' _n,_,______.,,_, '... o ~..."- "-"'.~""'~----- ;"~; o ..d-:;4.;;;ZS o . " lo-J&ez> .o::l~'':22 Go. .' AREA=3,925 Sq,Ft.' REM, AREA= 4.48~A. , / , , AREA=523 Sq.Ft. 44 . . . ..., 8'9 4-.42 ~. 44.:$.215' STREET PTN. LOT 22, BLI(' 45 RANCHO SAN BERNARD/NO M. B.7/2 CITY DEED NO. CITY OF S.8.N BERNARDINO , , t , I , I f ! ~ '0 ~ \ . '~ .~ "~ \ Ii \ "II' 'Q .> 'v . t.~\ . 0 III · - 2 _ . 'l\ \ ~ ~ V ...'.... \ N 'i ~A9'oA .. , \<ES~~ '~~ r;,A · Y o-:;:1A ,c..a.. ill 1\ />. \\ 6,' ....'1' . "z,A '1 2 <3' "'"s.s'" ci . . . ..... 8'5) ot:I2d:2 E:. DETAIL PARCEL NO.44 "I":;: =-0 o " ''''''-'C"-7J~ .' , Vai. ".,\,. .... .JON . I": IOd' tXHI81T "8" PARCEL NO. 44 a 45 ENGINEERING DEPARTMENT. I APPROVED __SITY ENGIN~ER DATE