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HomeMy WebLinkAbout25- Development Services ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution authorizing the execution of an easement to Southern California Edison Company Dept: Development Services across City owned property located on the northeast corner of Palm Avenue and Irvington Avenue (Tom Date: May 20, 2009 Minor Park). File: 15.0213-09 MCC Date: June 15, 2009 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution. YG. f2ed� Valerie C. Ross Contact Person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report, Maps,Letter,Reso Ward(s): 5 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.)N/A Acct. Description: N/A Finance: Council Notes: &56 —1106q-1517 /���VyQ2lSG.L1 " 15 615-091 >#5A A.,& &/ -/Q 9, "10/ �P/i 710 2 Agenda Item No. 9 P69 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Resolution authorizing the execution of an easement to Southern California Edison Company across City owned property located on the northeast corner of Palm Avenue and Irvington Avenue (Tom Minor Park). BACKGROUND: This office received a request dated February 9, 2009, from Southern California Edison Company (SCE) for an easement on a City owned park(Tom Minor Park) approximately 1,015 sq. ft. (9' X 4P & 17' X 38') for the installation of two electric service facility boxes. SCE has stated that in order to continue to provide the area with quality electrical service, some electrical changes are required to a portion of an electrical circuit that passes through this location and requires new equipment. This easement will allow SCE to install and maintain the necessary electrical facilities. Because the easement is located in the parkway of Irvington Avenue, the easement will not affect City use of the park and there will also be no charge to the City for the construction of these new facilities. SCE has indicated that they can no longer install these electrical vaults underground due to safety reasons, thus the reason why they will be placed above ground. The landscaping affected by the installation of these facilities was to be replaced back to its original condition, but the Parks & Recreation Department will require SCE to install necessary improvements suitable for the area around the new electrical facilities. SCE will comply with the request and will install any necessary improvements around their facility to the satisfaction of Parks &Rec. The attached resolution authorizes the execution of an easement to SCE. All recording fees associated with this easement will be paid for by SCE. FINANCIAL IMPACT: None. Southern California Edison Company will pay for the construction and installation of the distribution facility and pay all recording fees relative to this easement. RECOMMENDATION: Adopt Resolution. ATTACHMENTS: - Vicinity Map - Plat Map - Letter - Resolution 2 LOCATION OF PROPOSED EASEMENT AREA P 2� Ohi 90 i i q�e 18 is ,a n c�o vaaof 40th St. 330 � S � Qm y Marsha Blvd. v 10 � zse Highland Ave. £ w t m Base Line SL w y 9th St m 5th St. 0 c Rialto Ave. m m c m Mill St. r, 15 E a' m 0 3 v 210 n Orange how Rd. ° t= VICINITY MAP NO SCALE RiOW CITY OF SAN BERNARDINO Proposed Easement to SCE for installation ADEVELOPMENT SERVICES DEPARTMENT of electric facilities on City Property - NEC min REAL PROPERTY SECTION of Palm Avenue & Irvington Avenue - Tom indicates un-incorporated areas within City's Minor Park (APN: 0261-691-48). Sphere of Influence Created by: Ryan Sandoval D '.:ate 4i2�io8 / r• z I �~� IO N0 / �1 Q � T Z \ OF In J U m m V) H / ib O EL O R w In rn �. Q m T� W M Il O ZO / p /MO / / N nO ( y0 Z M 6I\ \ / GJQ 0 / n N / OD E �a Q O In � NF LO w N ryp w (0 \ / W C) o a cS a CO o ` \ � 0 U O SOUTHERN CALIFORNIA EDISON® An EDISON INTERN.ATIONAL�Company February 9,2009 City of San Bernardino 300 North D Street San Bernardino,CA 92418 Attn:Les Fogassy SUBJECT: Electrical Design Change to Area:Northeast side of Irvington Avenue,east of Palm Avenue —San Berardino Work Order/A.I.No:6431-5597/8-5500 Our Reference No:DCP800209908 Dear Mr.Fogassy: In order for the Southern California Edison Company to continue to provide your area with quality electrical service, some electrical changes are required to a portion of an electrical circuit that passes through the above-referenced location. These changes require the installation of some new electrical equipment. To implement these changes, it is necessary for Edison to acquire rights of way from you. Specifically,Edison will need an easement to permit the installation and maintenance of electrical facilities on your property.Edison plans to install voltage regulation equipment at this site, in addition to a PME structure(48"x 72" pad with 30"x 48"pull box). Landscaping affected by the installation will be returned to its original condition at the completion of the work. The enclosed map shows the location of the proposed easement. Enclosed please find an original and one copy of a Grant of Easement. Please have the original Grant of Easement signed,have the signatures notarized and return in the envelope provided.Please ensure that the notary stamp is clear and legible to aid in recording by the County Recorder's Office. If you prefer the Edison Company to arrange for a notary service to come to you,please contact me at(714)568-1800 ext.224.Please keep the map and the copy of the easement for your records. The Southern California Edison Company sincerely appreciates your cooperation on this issue.All planned work for this easement will be done at no cost to you, our customer. Future maintenance of equipment installed will be at the expense of Edison and will be solely Edison's responsibility. Should you have any questions regarding the Grant of Easement, please feel free to call me at (714) 568-1800 ext. 224. Again,thank you very much for your time and consideration. Sincerely. 4Acting e t of Way Services on behiilf of Sou m California Edison 14799 Chestnut Street Westminster,CA 92683 1 RESOLUTION NO. COPY 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND 3 DIRECTING THE EXECUTION OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON ACROSS CITY OWNED PROPERTY LOCATED ON THE 4 NORTHEAST CORNER OF PALM AVENUE AND IRVINGTON AVENUE,KNOWN AS 5 TOM MINOR PARK (APN 0261-691-48). 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and 9 directed to execute on behalf of the City,a Grant of Easement to Southern California Edison across 10 City owned property, located on the northeast corner of Palm Avenue and Irvington Avenue, 11 known as Tom Minor Park, more fully described in the Grant of Easement document attached 12 hereto as Exhibit "I" and made a part hereof. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9_Y_09 04/21/2009 1 was I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE 2 EXECUTION OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON ACROSS CITY OWNED PROPERTY LOCATED ON THE NORTHEAST CORNER OF PALM AVENUE AND IRVINGTON 3 AVENUE, KNOWN AS TOM MINOR PARK(APN 0261-691-48). 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 6 Common Council of the City of San Bernardino at a meeting thereof held on 7 the day of 20 ,by the following vote, to-wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 BAXTER 12 13 BRINKER 14 SHORETT 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 20 City Clerk 21 The foregoing resolution is hereby approved this day of 20 22 23 PATRICK J. MORRIS, Mayor 24 City of San Bernardino 25 Approved as to form: 26 27 ES F. PENMAN, City Attorney 28 04/21/09 2 RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON An EUISOh'INTERNATIONAL Cum unv WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY Corporate Real Estate 14799 Chestnut Street Westminster,CA 92683-5240 Attn: Distribution/TRES SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF pocu M NTARY TRANSFER T x 5 hOf F F EASEMENT ANQ CONSIDERATION I FSSjjj6N`100 aal Redlands 6431-5597 8-5500 scE comp m nm 253-21 NRM 93-0 G wPnovEn: SIO.OF OEEWUNl OR MEIN OEIERMIMN6 TA% N E LPN'.0251-6191-48 FORPORATE SLS/CT 92/09 REAL ESTATE CITY OF SAN BERNARDINO(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, mndholes, 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 Califomia,described as follows: TWO STRIPS OF LAND LYING WITHIN LOT"A" OF TRACT NO. 16457, AS PER MAP ON FILE IN BOOK 308, PAGES 19 THROUGH 22, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,SAID STRIPS BEING DESCRIBED AS FOLLOWS: STRIP#1 (9.00 FEET WIDE) SAID STRIP IS LYING NORTHEASTERLY OF AND CONTIGUOUS TO THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF PALM AVENUE, WITH THE CENTERLINE OF IRVINGTON AVENUE, AS SAID INTERSECTION IS SHOWN ON SAID MAP OF TRACT NO. 16457; THENCE SOUTH 62°24'21" EAST 142.00 FEET ALONG SAID CENTERLINE OF IRVINGTON AVENUE; THENCE NORTH 27°35'39" EAST 30.00 FEET, TO THE TRUE POINT OF BEGINNING IN THE NORTHEASTERLY LINE OF SAID IRVINGTON AVENUE, SAID POINT ALSO HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 62°24'21" EAST 41.00 FEET ALONG SAID NORTHEASTERLY LINE, TO A POINT OF ENDING. STRIP#2 (17.00 FEET WIDE) SAID STRIP IS LYING NORTHEASTERLY OF AND CONTIGUOUS TO THE FOLLOWING DESCRIBED LINE: COMMENCING AT SAID POINT "A"; THENCE SOUTH 62°24'21" EAST 41.00 FEET ALONG SAID NORTHEASTERLY LINE,TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING SOUTH 62024'21" EAST 38.00 FEET,TO A POINT OF ENDING. THE ABOVE-DESCRIBED STRIPS OF LAND CONTAIN APPROXIMATELY 1,0 15-00 SQUARE FEET,MORE OR LESS. EXHIBIT "I" 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, 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 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 new the same condition as it was prior to such excavation as is practicable. Grantee hereby agrees to defend, indemnify, and hold harmless Grantor from and against any and all claims, liability, and damages arising from Grantee's activities related to said easement, except to the extent that such claims arise from the sole active negligence or willful misconduct of Grantor, its employees, agents and contractors. EXECUTED this _day of 20 GRANTOR CITY OF SAN BERNARDINO Signature Print Name Title GRANTEE SOUTHERN CALIFORNIA EDISON COMPANY,a corporation By: Emmanuel P.Hyppolite, Supervisor of ECS& Distribution, Corporate Real Estate Department Date: ` DCP800209908 6431-5597/8.5500 RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON An EDISO I INTERNATIONAL Company WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY Corporate Real Estate 14799 Chestnut Street Westminster,CA 92683-5240 Attn: Distribution/TRES SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF DOCUMENTARY T AN F R TAX$NON NA EASEMENT AND CONSIDERATION LESS THAN$100 001 Redlands 6431-5597 8.5500 SCE Company PIM.253-21193-0 G aRRROaEO. SID.OF pECIMMlf OR AGENT DETERMIMND TM FIRM NAME LPN:0261-691-48 CORPORATE `SLS/CT 9/2/09 REAL ESTATE CITY OF SAN BERNARDINO(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,on,over,under,across and along that certain real property in the County of San Bernardino,State of California,described as follows: TWO STRIPS OF LAND LYING WITHIN LOT"A" OF TRACT NO. 16457, AS PER MAP ON FILE IN BOOK 308, PAGES 19 THROUGH 22, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,SAID STRIPS BEING DESCRIBED AS FOLLOWS: STRIPAI (9.00 FEET WIDE) SAID STRIP IS LYING NORTHEASTERLY OF AND CONTIGUOUS TO THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF PALM AVENUE, WITH THE CENTERLINE OF IRVINGTON AVENUE, AS SAID INTERSECTION IS SHOWN ON SAID MAP OF TRACT NO. 16457; THENCE SOUTH 62°24'21" EAST 142.00 FEET ALONG SAID CENTERLINE Of IRVINGTON AVENUE; THENCE NORTH 27°35'39" EAST 30.00 FEET, TO THE TRUE POINT OF BEGINNING IN THE NORTHEASTERLY LINE OF SAID IRVINGTON AVENUE, SAID POINT ALSO HEREINAFTER REFERRED TO AS POINT"A"; THENCE SOUTH 62°24'21" EAST 41.00 FEET ALONG SAID NORTHEASTERLY LINE, TO A POINT OF ENDING. TRIP#2(17.00 FEET WIDE) SAID STRIP IS LYING NORTHEASTERLY OF AND CONTIGUOUS TO THE FOLLOWING DESCRIBED LINE: COMMENCING AT SAID POINT "A"; THENCE SOUTH 62024'21" EAST 41.00 FEET ALONG SAID NORTHEASTERLY LINE,TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING SOUTH 62°24'21" EAST 38.00 FEET,TO A POINT OF ENDING. THE ABOVE-DESCRIBED STRIPS OF LAND CONTAIN APPROXIMATELY 1,0 15.00 SQUARE FEET,MORE OR LESS. 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,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 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. Grantee hereby agrees to defend, indemnify, and hold harmless Grantor from and against any and all claims, liability, and damages arising from Grantee's activities related to said easement, except to the extent that such claims arise from the sole active negligence or willful misconduct of Grantor,its employees, agents and contractors. EXECUTED this day of 20 . GRANTOR CITY OF SAN BERNARDINO Signature Print Name Title GRANTEE SOUTHERN CALIFORNIA EDISON COMPANY,a corporation By: Emmanuel P.Hyppolite, Supervisor of ECS& Distribution,Corporate Real Estate Department Date: 2 DCP800209908 6431-5597/8-5500 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 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 (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 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 (This area for notary stamp) 3 DCPS00209908 6431-5597/8-5500 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNA NO AUTHORIZING AND 3 DIRECTING THE EXECUTION OF A GRANT OF ASEMENT TO SOUTHERN CALIFORNIA EDISON ACROSS CITY OWNED OPERTY LOCATED ON THE 4 NORTHEAST CORNER OF PALM AVENUE AN RVINGTON AVENUE,KNOWN AS 5 TOM MINOR PARK (APN 0261-691-48). 6 BE IT RESOLVED BY THE MAYO AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. That the Mayor o the City of San Bernardino is hereby authorized and 9 directed to execute on behalf of the Ci ,a Grant of Easement to Southern California Edison across 10 City owned property, located on a northeast corner of Palm Avenue and Irvington Avenue, 11 known as Tom Minor Park, m re fully described in the Grant of Easement document attached 12 hereto as Exhibit "1" and m e a part hereof. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 04/21/2009 I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE 2 EXECUTION OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON ACROSS CITY OWNED PROPERTY LOCATED ON THE NORTHEAST CORNER OF PALM AVENUE AND IRVINGTON 3 AVENUE, KNOWN AS TOM MINOR PARK(APN 0261-691-48). 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 6 Common Council of the City of San Bernardino at a meeting thereof held on 7 the day of 20 , by the following vote, to-wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 BAXTER 12 13 BRINKER 14 SHORETT 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 20 City Clerk 21 The foregoing resolution is hereby approved this day of 20 22 23 PATRICK J. MORRIS, Mayor 24 City of San Bernardino 25 Approved as to form: 26 27 JAMES F. PENMAN, City Attorney 28 04/21/09 , RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON I%TERNATIONAL Company WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY Fly Corporate Real Estate 14799 Chestnut Street Westminster,CA 92683-5240 Attn: Distribution/TRES SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF DOCUMENTARY TRANSFER TAX S NONE NALUF MWORDER EASEMENT AND QQNSIDERATION LESS THAN$100.001 Redlands 6431-5597 8-5500 SCE Company F,. 253-2193-0 APPROVED: SIG.OF OEOVJUNT OR AGENT DETERMINING TAX FIRM NAME APN:0261-691-48 CORPORATE SLS/CT 1/23/09 REAL EGTATE CITY OF SAN BERNARDINO (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, on, over, under, across and along that certain real property in the County of San Bernardino, State of California,described as follows: TWO STRIPS OF LAND LYING WITHIN LOT"A" OF TRACT NO. 16457, AS PER MAP ON FILE IN BOOK 308, PAGES 19 THROUGH 22, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID STRIPS BEING DESCRIBED AS FOLLOWS: STRIP#1 (9.00 FEET WIDE) SAID STRIP IS LYING NORTHEASTERLY OF AND CONTIGUOUS TO THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF PALM AVENUE, WITH THE CENTERLINE OF IRVINGTON AVENUE, AS SAID INTERSECTION IS SHOWN ON SAID MAP OF TRACT NO. 16457; THENCE SOUTH 62024'21" EAST 142.00 FEET ALONG SAID CENTERLINE OF IRVINGTON AVENUE; THENCE NORTH 27035'39" EAST 30.00 FEET, TO THE TRUE POINT OF BEGINNING IN THE NORTHEASTERLY LINE OF SAID IRVINGTON AVENUE, SAID POINT ALSO HEREINAFTER REFERRED TO AS POINT"A";THENCE SOUTH 62024'21"EAST 41.00 FEET ALONG SAID NORTHEASTERLY LINE,TO A POINT OF ENDING. STRIP#2(17.00 FEET WIDE) SAID STRIP IS LYING NORTHEASTERLY OF AND CONTIGUOUS TO THE FOLLOWING DESCRIBED LINE: COMMENCING AT SAID POINT "A'; THENCE SOUTH 62024'21" EAST 41.00 FEET ALONG SAID NORTHEASTERLY LINE, TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING SOUTH 62024'21" EAST 38.00 FEET,TO A POINT OF ENDING. THE ABOVE-DESCRIBED STRIPS OF LAND CONTAIN APPROXIMATELY 1,015.00 SQUARE FEET, MORE OR LESS. EXHIBIT 4" 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,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 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 Signature Print Name Title 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 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 (This area for notary stamp) 2 DCP800209908 6431-5597/8-5500