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HomeMy WebLinkAbout2013-249 RESOLUTION NO. 2013-249 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF 3 A GRANT OF EASEMENT TO THE METROPOLITAN WATER DISTRICT OF 4 SOUTHERN CALIFORNIA IN EXCHANGE FOR THE PARTIAL QUITCLAIM OF THAT CERTAIN EASEMENT GRANTED FOR A WATER PIPELINE AND 5 AUTHORIZING THE CITY CLERK TO ACCEPT THE PARTIAL QUITCLAIM OF EASEMENT FROM THE METROPOLITAN WATER DISTRICT OF SOUTHERN 6 CALIFORNIA,ALL LOCATED WITHIN DEVIL CANYON. 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. The Mayor is hereby authorized and directed to execute a Grant of 10 11 Easement to the Metropolitan Water District of Southern California in exchange for the partial 12 quitclaim of that certain water pipeline easement located within Devil Canyon, in the City of 13 San Bernardino, more particularly described in Exhibit "1" attached hereto and made a part 14 hereof. 15 SECTION 2. The City Clerk is hereby authorized to accept the Partial Quitclaim of 16 17 Easement from the Metropolitan Water District of Southern California, for that portion of a 18 permanent water pipeline easement located within Devil Canyon, in the City of San 19 Bernardino, more particularly described in Exhibit"2" attached hereto and made a part hereof. 20 /// 21 /// 22 23 24 25 26 27 28 2013-249 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 1 AUTHORIZING AND DIRECTING THE EXECUTION OF A GRANT OF EASEMENT TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA IN EXCHANGE FOR THE 2 PARTIAL QUITCLAIM OF THAT CERTAIN EASEMENT GRANTED FOR A WATER PIPELINE AND AUTHORIZING THE CITY CLERK TO ACCEPT THE PARTIAL QUITCLAIM OF 3 EASEMENT FROM THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, ALL LOCATED WITHIN DEVIL CANYON. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 7 and Common Council of the City of San Bernardino at a joint regular meeting 8 thereof, held on the i®thday of August , 2013, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ x 11 12 JENKINS x 13 VALDIVIA x 14 SHORETT x 15 KELLEY x 16 JOHNSON x 17 18 MCCAMMACK x 19 20 Georgea 'Hanna, Cit 61erk 21 The foregoing resolution is hereby approved this day of August , 2013. 22 23 _ 24 rick J. orris, Mayor City o Bernardino 25 Approved as to form: 26 JAMES F. PENMAN, 27 City A orney 28 By: 1,7 _ , 2013-249 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Stacey Aldstadt,General Manager City of San Bernardino Municipal Water Department P.O.Box 710 300 North D Street San Bernardino,CA 92402 APN: 151-241-19 NO FEE PER GOVERNMENT CODE SECTION 6103 Inland Feeder Project SPACE ABOVE FOR RECORDER'S USE INFED 1-33-120PEA200 GRANT OF EASEMENT This Grant of Easement is entered into by and between the City of San Bernardino called Grantor, and The Metropolitan Water District of Southern California, hereinafter called Grantee. Grantor in consideration of the mutual promises contained herein, and the public benefit provided, hereby grants unto Grantee, its successors and assigns, an easement to locate, relocate, construct, reconstruct, maintain, alter, enlarge, inspect, repair and replace underground pipelines for the transportation of water, and all pipes, conduits, manholes, structures and equipment necessary or convenient thereto, on, under across that certain real property described on Exhibit "A" and shown on and Exhibit`B", attached hereto and by this reference made a part hereof. THIS EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS AS SHOWN ON EXHIBIT "C" ATTACHED AND MADE A PART HEREOF. Date 7.-2 �3 City of San Bernardino Print Name 2.-h.i�k J • IA re t Print Title C1'\2%..cej 2013-249 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /�� County of �.5a■1 .lam/4?ii O On /9: 5-74.- Z/ efore me, ��/ie I A044' Q /VBfa� �c, Date h.� Here Insert Name anfrritle of the Officer / personally appeared i�' -' /� 07./.7 / Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(8)-whose name(ets/are-subscribed to the within instrument and acknowledged to me that he/shelfhey-executed the same in his/I} 'r/thpit authorized capacity(ipej-, and that by his/her/therrrsignature(4 on the instrument the person($ or the entity upon behalf of which the person(vjacted, executed the instrument. • .,Q VALERIE R. MONTOYA I certify under PENALTY OF PERJURY under the laws Commission# 1985357 of the State of California that the foregoing paragraph is 71 Notary Public-California > true and correct. San Bernardino County • M Comm.Ex Tres Au 2,2016 WITNESS my hand official seal. Signature .2%e� /.1/./.A°11: Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Numb- of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHTTHJMBPRINT El Partner—❑ Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conse .tor ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is --presenting: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 2013-249 EXHIBIT A INFED 1-33-120PEA200 Permanent Easement City of San Bernardino to MWD That portion of that parcel of land in the City of San Bernardino, County of San Bernardino, State of California,as conveyed to said City of San Bernardino by Deed recorded June 30, 1921 in Book 724,Page 08 of Deeds, lying within Section 5 and 6,Township 1 North, Range 4 West, Rancho Muscupiabe, as shown on map recorded in Book 07, Page 23 of Maps,both in the Office of the County Recorder of said County, described as follows: BEGINNING at the most easterly terminus of that certain line having a bearing and distance of"N 81° 58' 51"W 109.52 feet"as described in that Permanent Easement Deed to The Metropolitan Water District of Southern California, recorded February 25, 1998,as Document No. 19980067290 of Official Records of said County;thence along the following three courses as described in said Permanent Easement Deed: 1. N 81° 58' 51"W 109.52 feet; 2. N 08° 01' 09"E 110.95 feet to the beginning of a tangent curve, concave southeasterly, having a radius of 1150.00 feet; 3. Northeasterly 483.31 feet along said curve to a point on the easterly line of said Rancho; thence S 07° 05' 12"W 580.24 feet along said easterly line to the POINT OF BEGINNING. All as shown on Exhibit`B"attached hereto and made a part hereof. END OF DESCRIPTION PREPARED UNDER MY SUPERVISION AVIIIK let FG at t Peter G iceman P.L.S. 6241 it „ r /o oz N• 8241 Date J:ProjectsUnland_Feeder\ROW\legals\infedl-33-120PEA200 October 02,2012 Page 1 of 1 2013-249 EXHIBIT B POR.SEC.5&POR.SEC.6, T. 1 N.,R.4 W.,RANCHO MUSCUPIABE, M.B. 7,PAGE 23, CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA "THIS EXHIBIT IS TO BE ATTACHED TO THE LEGAL DESCRIPTION" T2N R4W 31 32 TIN R4W eD 6 NOT TO SCALE N Oh ZS: W C ac y m O = O O Cft 2 OZ. O a Q eY� U N O 4i ^� m I = 4. 4° a j POB MWD PERMANENT EASEMENT 4 INFED1-33-120PEA1 PER O.R. DOC.NO. 19980067290,REC.2-25.98 M-26 LEGENDW 'U r / PERMANENT EASEMENT ca G. Wis q�F A =INFED1-33-120PEA200 �� A (1.043 ACS.) 1%► • I�fO� 1 Zr VICINITY MAP 9 „QT OF A L\F DEM CANYON INLAND ARROWHEAD PREPARED UNDER RD ` MY SUPERVISION � - SITE - " � N«+roARK�at�� THE METROPOLITAN WATER DISTRICT � OF SOUTHERN CALIFORNIA N . FEE°N' ' _ INLAND FEEDER ..:-' PERMANENT EASEMENT .ate • ter e.Wisemaa�n,P.LS.6241 CITY OF SAN BERNARDINO e " Hicrr. • . / /q3 vim TO NO SCALE ® DATE MWD INFED1-33-120PEA200 J:inland/row/exhib/33/120pea200.dgn 10/02/2012 PGW 2013-249 PROJECT NAME: Inland Feeder Project Parcel INFED1-33-120PEA200 APN: 151-241-19 EXHIBIT "C" CONDITIONS 1. Grantor shall not change the existing grade or otherwise modify the topography of property affected by this easement without prior written consent of Grantee. 2. No building or other structure of whatever nature shall be constructed or maintained upon any portion of the easement area by Grantor. 3. Grantor shall not plant trees within 15 feet of the centerline of Grantee's pipeline. Trees shall be permitted to be planted and maintained on the remaining portion of easement area; provided, however, if Grantee should require use of the remaining portion of the easement area for replacement or relocation of its pipeline, or for a future pipeline, Grantee shall remove any such trees and shall not permit trees to be replanted within 15 feet of the centerline of its replaced, relocated, or future pipeline. 4. Grantor's access over and across this easement shall be reasonably maintained by Grantee during the term of this easement. 5. Grantor hereby reserves the exclusive right to use and maintain five conduits across this easement for the purposes of water transmission and distribution at the locations identified in Grantee's construction plans. A final stamped copy of said plans shall be kept at Grantee's main offices which are presently located at: The Metropolitan Water District of Southern California Engineering Records Department 700 North Alameda Street Los Angeles, California 90012 Grantor shall have the right to reconstruct and/or relocate the aforementioned conduits subject to the review and written approval of Grantee; such approval not to be unreasonably withheld or delayed. 2013-249 a ' Recorded at the Request of and Mail to: THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Post Office Box 54153 Los Angeles, CA 90054 Attention: Right of Way Engineering DOCUMENTARY TRANSFER TAX $None (Exempt-Section 11922, California Revenue and Taxation Code) PARTIAL QUITCLAIM OF EASEMENT MWD Parcel No. INFED1-33-120PEA1(portion) APN 151-241-19 (portion) For a valuable consideration, receipt of which is hereby acknowledged, THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, hereby remises, releases and forever quitclaims to the CITY OF SAN BERNARDINO, a municipal corporation, the rights granted to said Metropolitan Water District in and to the land described in Exhibit A and shown on Exhibit B attached hereto, being a portion of the Permanent Easement Deed dated January 7, 1998, from the City of San Bernardino, a municipal corporation, which Easement Deed was recorded on February 25, 1998, as Instrument No.19980067290, Official Records, County of San Bernardino ("Easement"). The land to which this partial quitclaim applies is part of a larger parcel encumbered by the Easement. This Partial Quitclaim deed shall extinguish the Easement only as to the land described on Exhibit A and shown on Exhibit B attached hereto, and the remaining portion of the Easement shall be unaffected as to the remainder of the land originally encumbered. Dated: 4 ' Z0/3 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Jeffrey Kightlinger General Manager By ( John C. Clairday, Group Manager Real Property Development and Management Group S:Ironmac\docs\33IFI2OPEA1-JV redline(por) 2013-249 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles} ss. On �� t,c., I.l(1 ,..v/ 3 before me, , Notary Public, personally appeared �, C,� a� , who proved to me on the basis of satisfactory evidence to by the person') whose namegs) is/are-subscribed to the within instrument and'acknowledged to me that hefsheitkey executed the same in his/her/their authorized capacity (ies), and that by his/lier4Iteir--signature ) on the instrument the person(), or the entity upon behalf of which the person(?) 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. ii(n�n WITNESS my hand and official seal. Ss,a�wit I IAMSON 1r COMM . :nature of Notary Public Notary Seal raw �NomaOwe • 2013-249 PROJECT NAME: APN: Certificate of Acceptance This is to certify that the interest in real property conveyed by the within instrument to Grantee, the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council, and Grantee consents to the recordation thereof by its duly authorized officer. CITY OF SAN BERNARDINO By -( lL-4- .. ity Clerk Date: 111(-1 et1 ` ')C "t1 W:\3010 WU Administration\Forms\Form-Grant of Easement.doc . 2013-249 EXHIBIT A INFED1-33-120PEA1(Portion) Quit Claim MWD to City of San Bernardino All right,title and interest in and to that portion of that certain Permanent Easement granted to The Metropolitan Water District of Southern California in the City of San Bernardino,County of San Bernardino,State of California recorded February 25, 1998 as Document No. 19980067290 of Official Records of said County described as follows: COMMENCING at corner M-26 as shown on Licensed Land Surveyors Map prepared by George E. Sherer dated June 15, 1921,said map also being County Surveyor Map No. 1780 and marked by a 4"x 4" iron post,concrete filled,2' above the surface, marked on the northside "SBFR27-R4WS5"and on the southside"RM"as shown by County Surveyors Mat No. 7145;thence coincident with the easterly Rancho line between said corner M-26 and corner M-25 as shown on said Map N 07°05' 12" E 487.58 feet;thence leaving said Rancho line N 81°58'51" W 109.52 feet;thence N 08°01'09" E 110.95 feet to the beginning of a tangent curve concave southeasterly, having a radius of 1150.00 feet;thence northeasterly 483.31 feet along the arc of said curve to said easterly Rancho line and the POINT OF BEGINNING;thence coincident with said easterly Rancho line N 07°05' 12" E 204.00 feet,said point being the beginning of a non-tangent curve concave southeasterly,concentric with and 100.00 feet northwesterly of,said last mentioned curve, having a radius of 1250.00 feet,a radial line to said beginning bears N 49°23'46"W;thence leaving said Rancho line southwesterly 710.89 feet along the arc of said curve;thence tangent to said last mentioned curve S 08°01' 09"W 110.95 feet to the beginning of a non-tangent curve concave southeasterly having a radius of 1240.00 feet, a radial line to said beginning bears N 77° 16' 50"W;thence northeasterly 620.13 feet along the arc of said curve to said easterly Rancho line and the POINT OF BEGINNING. All as shown on Exhibit B attached hereto and made a part hereof. END OF DESCRIPTION PREPARED UNDER MY SUPERVISION ig4-1*11116. Mrs, 4. P- er iseman P.L.S. 6241 „ /95 Ar0/-•—? • Date • inl and_Feeder\ROW\1egals\33\120PEA1QC May 07,2013 Page 1 of 1 , . • 2013-249 EXHIBIT B POR. SEC. 5&POR. SEC. 6, T. 1 N., R. 4 W., RANCHO MUSCUPIABE, M.B. 7, PAGE 23, CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA "THIS EXHIBIT IS TO BE ATTACHED TO THE LEGAL DESCRIPTION" T2NR4W 31 32 TIN R4W 6 NO SCALE N 49°23'46"E // (MD) N 07°05'12"E 204.00' 611/ P.O.B. Z.; / N 08°01'09"E /V 110.95' o� S08°01'09" W N81°58'51" W c� 110.95' 109.52' G�0 io N 77°16'50" W W �ry Cr ( ) co lo to o , t, l4 to e.4.. /'1:/f/I 9,,,4 P.O.C. a ∎ q�.,b. M-26 �� oY , SEE DETAIL A• DETAIL "A" W 44 R° 25QO N.T.S. a R�' uo• CURVE DATA CURVE DELTA RADIUS LENGTH Cl 24°04'47" 1150.00' 483.31' 141-28 C2 32°35'05" 1250.00' 710.89' 0 C3 28°39'14" 1240.00' 620.13' Z . -N 0 rp.,ND s(i LEGEND: r/� G. �//s,C�9�,�UL O MWD PERMANENT EASEMENT QUIT CLAIM INFEDI-33-120PEA1, {t Exp. /i-L' 3} AREA = 0.919 ACRE DOC.NO.19980067290 O.R. REC.02/25/1998 A No. •2 4 1 VICINITY MAP 9i. OF p,V. DEVIL YO ��wD ARROWHEAD C : WE SPRINGS PREPARED UNDER tsst .RTIPARK MY SUPERVISION THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA et A FEE. _'�� COLORADO RIVER AQUEDUCT _ ��— �� INLAND FEEDER ® p P R G. WISEMAN QUIT CLAIM 0 -�`D� . S. 6241 MWD to NO SCALE '':-W.- CALE +Q#/3 CITY OF SAN BERNARDINO DATE INFED1-33-120PEA1(Portion) J:ProjectlInland_Feederlrowlexhibit!1331Infed1-33-120PEA1(Por.).dgn 05-07-2013 BR