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HomeMy WebLinkAbout05.K- Public Works RESOLUTION (ID#2607) DOC ID: 2607 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Easement From: Tony Frossard M/CC Meeting Date: 08/19/2013 Prepared by: Ryan Sandoval, (909) 384-5140 Dept: Public Works Ward(s): 5 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of a Grant of Easement to the Metropolitan Water District of Southern California in Exchange for the Partial Quitclaim of that Certain Easement Granted for a Water Pipeline and Authorizing the City Clerk to Accept the Partial Quitclaim of Easement from the Metropolitan Water District of Southern California, All Located Within Devil Canyon. (#2607) Current Business Registration Certificate: Not Applicable Financial Impact: None. Motion: Adopt the Resolution. Synopsis of Previous Council Action: 12/15/1997 - Resolution No. 1997-373 was approved, granting temporary and permanent easements to the Metropolitan Water District, and authorizing the Mayor to enter into a purchase and sale agreement for sale of temporary and permanent easements to the Metropolitan Water District. Background: The City of San Bernardino granted the Metropolitan Water District of Southern California (MWD) an easement for its Inland Feeder tunnel project. The easement was approved by the Board of Water Commissioners on November 18, 1997 and Resolution 1997-373 was approved by the Mayor and Common Council at a regular Council meeting on December 15, 1997. The easement was filed with the San Bernardino County Recorder on February 25, 1998 as document number 1998-0067290. Upon completion of construction, it was discovered that a portion of the completed tunnel was situated outside the area described in the above-referenced easement. To remedy the easement location discrepancy, MWD approached the San Bernardino Municipal Water Department and requested a new easement in the current tunnel location with the understanding that MWD would quitclaim a similar amount of the prior easement back to the Department (see attached MWD letter). MWD is proposing to quitclaim approximately 0.919 acres of the original easement back to the Department and requests that easement be replaced with approximately 1.045 acres. The Board of Water Commissioners approved this action at their regular meeting on July 2, 2013, and authorized staff to submit both the easement and Partial Quitclaim Deed to the Mayor and Common Council action. As this action is considered a land swap and the Water Updated: 8/15/2013 by Georgeann"Gigi"Hanna A Paldk6 P9.223 2607 Department was previously paid for the permanent easement by MWD in 1997, there will be no transfer of funds for this transaction. The attached resolution authorizes the Mayor to execute a Grant of Easement to the Metropolitan Water District of Southern California and authorizes the City Clerk to accept the executed Partial Quitclaim of Easement. If approved, the documents will be filed with the County Recorder's office. City Attorney Review: Supporting Documents: Resolution (PDF) Reso Exhibit 1 -Easement (PDF) Reso Exhibit 2 - Quitclaim (PDF) Water Dept Memo (PDF) MWD Letter (PDF) Vicinity Map (PDF) Updated: 8/15/2013 by Georgeann"Gigi"Hanna A Packet Pg. 224 ' 1 RESOLUTION NO. 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 o SOUTHERN CALIFORNIA IN EXCHANGE FOR THE PARTIAL QUITCLAIM OF 4 THAT CERTAIN EASEMENT GRANTED FOR A WATER PIPELINE AND o 5 AUTHORIZING THE CITY CLERK TO ACCEPT THE`PARTIAL QUITCLAIM OF EASEMENT FROM THE METROPOLITAN WATER DISTRICT OF SOUTHERN E 6 CALIFORNIA,ALL LOCATED WITHIN DEVIL CANYON. n W 7 0 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE L CITY OF SAN BERNARDINO AS FOLLOWS: c� 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 CL v a 12 quitclaim of that certain water pipeline easement located within Devil Canyon, in the City of E _ 13 San Bernardino, more particularly described in Exhibit "1" attached hereto and made a part 14 hereof 2 15 SECTION 2. The City lerk is hereby authorized to accept the Partial a 16 Y Y p Quitclaim of � 17 Easement from the Metropolitan Water District of Southern California, for that portion of a W ti 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. O 20 '> 21 22 _3 O 23 d 24 E 25 26 a 27 28 Pi P:g.�i25 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, o 4 ALL LOCATED WITHIN DEVIL CANYON. O 5 � c I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor E 6 7 and Common Council of the City of San Bernardino at a meeting 4- O 8 thereof,held on the day of , 2013, by the following vote,to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT a 10 MARQUEZ 11 12 JENKINS a E 13 VALDIVIA 1° 14 SHORETT a 15 KELLEY L a 16 co JOHNSON a 17 18 MCCAMMACK N 19 C O 20 Georgeann Hanna, City Clerk > d 21 The foregoing resolution is hereby approved this day of , 2013. c 22 0 23 24 Patrick J. Morris, Mayor City of San Bernardino 25 Approved as to form: w 26 JAMES F. PENMAN, a 27 City A orney 28 By: x Packet'Pc� 26 EXHIBI I� Coe RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Stacey Aldstadt,General Manager City of San Bernardino p^ Municipal Water Department P.O.Box 710 300 North D Street ° San Bernardino,CA 92402 NO FEE PER GOVERNMENT CODE SECTION 6103 E APN: 151-241-19 °' Inland Feeder Project SPACE ABOVE FOR RECORDER'S USE w INFED 1-33-12OPEA200 `0 0 GRANT OF EASEMENT 'L^ V 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, a hereby grants unto Grantee, its successors and assigns, an easement to locate, relocate, construct, 4' reconstruct, maintain, alter, enlarge, inspect, repair and replace underground pipelines for the Q 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. t � THIS EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS AS SHOWN ON EXHIBIT "C" ATTACHED AND MADE A PART HEREOF. N a: u: a: Date 0 co N r C City of San Bernardino as By EXHIBIT COPY W Print Name X Print Title W 0 N d C d E V R w Q Packet Pg.' 227 5.K.b CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, ° Date Hare insert Name and Title of the Officer +' d personally appeared E Name(s)of Signer(s) d N t6 W v- O who proved to me on the basis of satisfactory evidence to c be the person(s) whose name(s) is/are subscribed to the f° within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized co 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. CL m U 1 certify under PENALTY OF PERJURY under the laws Q of the State of California that the foregoing paragraph is E true and correct. WITNESS my hand and official seal. CY Signature Place Notary Seal Above Signature of Notary Public D. OPTIONAL cn Though the information below is not required by law,it may prove valuable to persons relying on the document d and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ti CD ca Title or Type of Document: Document Date: Number of Pages: E Signer(s)Other Than Named Above: (D rn cc W Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual x W ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s)- O in ❑ Partner—I I Limited ❑ General _ _ _ ❑ Partner—El Limited El General ❑ Attorney in Fact - ❑Attorney in Fact -• ❑ Trustee Top of thumb here ❑Trustee Top of thumb here d ❑ Guardian or Conservator ❑Guardian or Conservator E El Other: ❑Other: v R Signer Is Representing: Signer Is Representing: Q 02007 National Notary Association•9350 De Selo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.Nationa]Notary.org Item#5907 Reorder:Call Toll-Free 1-600-876-6627 Packet Pg. 228 3 9 'I ;j EXHIBIT A INFEDI-33-12OPEA200 0 Permanent Easement City of San Bernardino to MAID 0 w w _ 0 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 w Book 724,Page 08 of Deeds, lying within Section 5 and 6,Township 1 North, Range 4 West, o 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. w 19980067290 of Official Records of said County;thence along the following three courses as �- described in said Permanent Easement Deed: Q 1. N 810 58' 51"W 109.52 feet; 2. N 080 01' 09"E 110.95 feet to the beginning of a tangent curve_,concave southeasterly, having a radius of 1150.00 feet; CY 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. °- cn All as shown on Exhibit`B"attached hereto and made a part hereof. n END OF DESCRIPTION N w _ PREPARED UNDER MY SUPERVISION E w Peter G iceman P.L.S. 6241 Q N 6241 W Date C}F llf w E J:ProjectsUnland Feeder\ROW\Iegaislinfedl-33-120PEA200 October 02,2012 _ — U R Q Page 1 of 1 Packet Lg. 29 S.K.b 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 ° T1N R4W i 6 5 O NOT TO SCALE Q N W O CL O r-. 4 � L tq � Q � � � N U `20 ?V O - 1+ a U U E 2 —POB a MWD PERMANENT EASEMENT Ln INFED1-33-12OPEA1 PER O.R. DOC.NO.19980067290,REC.2.25.98 L]- LL' M-26 ti 0 co N LEGEND w � PERMANENT EASEMENT �j f �l E N =INFEDI-33-12OPEA200 (1.043 acs.) V �, 14J ui * Exp r cA No,62 ! 4�~4 x VICINITYMAP 9 /� t DEVIL ©j"' y !R G„WDN IN(gryD ARROWHEAD AD. SPRINGS PREPARED UNDER � r SITE ARx MY SUPERVISION THE METROPOLITAN WATER DISTRICT BLVD. — �f OF SOUTHERN CALIFORNIA E ,a FEEDER / INLAND FEEDER 21 s �— PERMANENT EASEMENT D AVE. ITY�etell p.Wiseman P.L.S.6241 Q C OF SAN BERNARDINO NIGN D sIS TO –~._"""".�- DATE / NO SCALE MWD INFEDl-33-12OPEA200 J:I nland/row/exhib/331120pea200.dgn 1010212012 PGW Packet Pg. 230 i I i i PROJECT NAME:Inland Feeder Project Parcel INFEDI-33-12OPEA200 APN: 151-241-19 EXHIBIT "C" o CONDITIONS 0 -L— Grantor shall not change the existing grade or otherwise modify the topography of property affected by this easement without prior written consent of Grantee. d N 2. No building or other structure of whatever nature shall be constructed or maintained w upon any portion of the easement area by Grantor. o w 0 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, C relocated,or future pipeline. Q 4. Grantor's access over and across this easement shall be reasonably maintained by E Grantee during the term of this easement. CY 0 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 a co offices which are presently located at: a tr The Metropolitan Water District of Southern California ti Engineering Records Department o 700 North Alameda Street r Los Angeles, California 90012 E d Grantor shall have the right to reconstruct and/or relocate the aforementioned conduits subject to the w review and written approval of Grantee; such approval not to be unreasonably withheld or delayed. r :E X w 0 m r . _ as E 0 ,,Packet?_°231- EXHIBIR rr 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 0 w DOCUMENTARY TRANSTIR TAX$None (Exempt-Section 11922, California E Revenue and Taxation Code) w 0 c PARTIAL QUITCLAIM OF EASEMENT MWD Parcel No. INFEDI-33-12OP.EAI(portion) APN 151-241-19 (portion) 0 For a valuable consideration,receipt of which is hereby acknowledged, THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, Q hereby remises,releases and forever quitclaims to the CITY OF SAN BERNARDINO, a E 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 3 Permanent Easement Deed dated January 7, 1998, from the City of San Bernardino,a municipal cY corporation,which Easement Deed was recorded on February 25, 1998,as Instrument t No.19980067290, Official Records, County of San Bernardino ("Easement"). a The land to which this partial quitclaim applies is part of a larger parcel encumbered by the a. 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 Q Easement shall be unaffected as to the remainder of the land originally encumbered. E Dated: THE METROPOLITAN WATER DISTRICT 3 OF SOUTHERN CALIFORNIA cY N Jeffrey Kightlinger General Manager w 0 m By d E t John C. Clairday,Group Manager o Real Property Development and a Management Group S:jronmac\docs\331F120PEA1-JV redline(por) 0i{YY�� 1 fiXbl$3 S.K.c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles} ss. ° 0 On ,� oy G f before me, E Notary Public, w 0 personally appeared AA, r who L c� proved to me on the basis of satisfactory evidence to bk the personO whose name() is/ subscribed to the within instrument and acknowledged to me that he executed the same in his/herir authorized ca aci P ty )� and that by his/herAheir-signatureA on the instrument the personv), or the CL entity upon behalf of which the person(o acted, executed the instrument. a I certify under PENALTY OF PERJURY under the laws of the State of E California that the foregoing paragraph is true and correct. w WITNESS my hand and official seal. �''AMSDN n sswn. d . ., C-Ci"No � J 4Y G011f�. c: store of Notary Public Notary Seal ti sk 0 ca N �l f0 d N L X W 0 w a� c m E 0 y Q PacketP 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 0 the City Council,and Grantee consents to the recordation thereof by its duly authorized officer. E a) U) M W CITY OF SAN BERNARDINO 0 By: City Clerk CL 4) Date: E a. Cn co E CY N x W 0 U) E W:\3010 WU Administration\Forms\Form-arant of Easement.doc i S.K.c EXHIBIT A a IN FED 1-33-12OPEA1(Portion) Quit Claim _ MWDto ° City of San Bernardino 0 w a� 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 w Bernardino,State of California recorded February 25, 1998 as Document No. 19980067290 of Official Records — of said County described as follows: _ �a 'L^ V 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" a� iron post,concrete filled,2' above the surface, marked on the northside "SBFR27-R4WS5"and on the U C southside "RM"as shown by County Surveyors Plat No. 7145;thence coincident with the easterly Rancho line a between said corner M-26 and corner M-25 as shown on said Map N 07°05' 12" E 487.58 feet;thence leaving U 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 Q 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' rZ 09"W 110.95 feet to the beginning of a non-tangent curve concave southeasterly having a radius of 1240.00 W feet, a radial line to said beginning bears N 77° 16' 50"W;thence northeasterly 620.13 feet along the arc of CL said curve to said easterly Rancho line and the POINT OF BEGINNING. 0 to All as shown on Exhibit B attached hereto and made a part hereof. N- E END OF DESCRIPTION —u, .E a PREPARED UNDER MY SUPERVISION } N Kj W 6Pe er . Wiseman P.L.S. 6241 * ci. Cn Date U R .a+ Q Inland_Feeder\ROW\Legals\33\120PEA1QC May 07,2013 Page 1 of 1 Packet Pg.235 S.K.c 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" o 12N R4W 31 32 1 R4W 6 5 0 NO SCALE �N 4902346"E (RAD) a E N 07°05'12"E N 204.00' w P.O.B. ° G � d N 08001'09"E Cy 110.95 a ov S 08°01'09" W N 8105851 0 W m a 110.95' 109.52' ��� o N 770 16'50" W W m CO V a ma a,� ° P.O.C. M-26 Y SEE DETIL A A" DETAIL "A" car R`72SO 00, N.T.S. m CURVE DATA a CURVE DELTA RADIUS LENGTH N Cl 24004'47" 1150.00' 483.31' a. M 2s C2 32035'05' 1250.00' 710.89' O C3 28039'14" 1240.00' 620.13' c Z � U V LEGEND: �� SGq 2 v �v O c MWO PERMANENT EASEMENT QUIT CLAIM /NFEDI-33-1"PE41, Exp.' DOC.NO. 19980067290 O.R. AREA = 0.919 ACRE REC.02/25/1998 A NQ. VICINITY MAP 0 w DEVIL �� C F C ALA ¢ CANYON VLAJVD ARROWHEAD RD. SPRING'S PREPARED UNDER ' y N�IPAW MYSUPERVISION °mac RLvrx THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA FE E U m re COLORADO RIVER AQUEDUCT F �— INLAND FEEDER Q ars P `R G. WISEMAN �+ QUIT CLAIM . S. 5247 MWD to NO SCALE, /3 CITY OF SAN BERNARDINO DATE f / 1NFED1-33-12OPEA1(Portion) J:ProjechInland_Feeder►rowlexhibit!1331lnfed1-33-120PEA1(Por.).dgn 05-07-2013 BR Packet Pg. 236 SKd n: CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT INTEROFFICE MEMORANDUM TO: Ryan Sandoval,Real Property FROM: Sydney Morrison, Senior Administrative Coordinator SUBJECT: APPROVAL OF A PARTIAL QUITCLAIM DEED AND GRANT A SIMILAR SIZE ° REPLACEMENT EASEMENT LOCATED IN DEVIL CANYON (EPN 1993-732) E m DATE: July 8, 2013 w 4- 0 c ca The Board of Water Commissioners, at their regular meeting held on Tuesday, July 2, 2013, unanimously C9 voted to: c m d Approve the Partial Quitclaim Deed to the City of San Bernardino and approve a Grant of = Easement to the Metropolitan Water District of Southern California for water facilities going a through the property known as APN 0151-241-19 and as described in the easement documents and authorize staff to submit both the easement and Partial Quitclaim Deed to the Mayor and Q Common Council for acceptance. E This item was approved by the following vote to wit: AYES: Commissioners Callicott, Cocke,Fernandez, and Hendrix NAYS: None ABSENT: Commissioner Valles a o_ Should you have any questions,I can be reached at ext. 3499. a to Thank you, 0 N E �Sydne 'M rison Senio dministrative Coordinator. a d D L W 2� 7 d E V i+ Q � CICE C� 37 � a (OMW of luauaase3 10 lue'D pue eoueld933V ualelolpt) le'Ped SWdU 109Z) aalla-i GMW :1u9uay3eUV d -Rt n. To: Ryan Sandoval REAL PROPERTY SECTION CITY OF SAN BERNARDINO Inland Feeder Project MWD PARCEL INFED1-33- 120PEA200 APN 151-241-19 The Metropolitan Water District of Southern California(Metropolitan)is a public agency that was created in 1928 to provide water supply to its member agencies in southern California. Today,Metropolitan brings water from northern California and the Colorado River and distributes it to public water suppliers in six southern California counties: Metropolitan has constructed a 45-mile-long pipeline and tunnel system designated as the Inland Feeder Project(Project). This Project is designed to enhance water quality by blending waters from the Colorado River and the State Water Project and to bring supplemental water supplies to Riverside, San Bernardino, San Diego,Los Angeles and Orange Counties. To construct the Project,Metropolitan acquired a permanent easement across a portion of property located in the county of San Bernardino which was recorded February 25, 1998 as document number 1998-0067290 in the office of the San Bernardino County Recorder(a copy of which is attached hereto).Upon completion of construction,it was discovered that a portion of the completed tunnel was situated outside the area described in the above referenced easement. In order to correct this situation Metropolitan seeks to make an adjustment of the easement area to cover the property occupied by the tunnel by recording an additional easement describing the required underlying property and quitclaiming an equivalent area of the previously recorded easement. Attached hereto is a map which shows the area required to correct the easement outlined in green and the area that would be quitclaimed outlined in red. Please review this map and advise if our proposal meets with your approval.If so,the quitclaim and easement documents will be prepared and the easement submitted to you for signature. Metropolitan will open an escrow at Orange Coast Title so that the City and Metropolitan can submit their respective documents and be assured that they record concurrently.Metropolitan will pay all expenses in connection with this escrow. Thank you for your assistance in this matter Ron Maculans (213)217-7681 tl4 (aMW 01;uauaase3 10;ueJO pue eoue;daooy wielo;inb le'Ped SN:dN : L09Z) a91le-1 aMW :;uauayoe;;y Y N Ui Recorded in Official Records, County of san Bernardino, Errol J. MackztxR, Recorder a w Y Doc No . J9980067290 Reawft Requested By 3 : 34pm 02125/98 a. CHiCAGOTlTLE COMPANY J1tle }) 07 R ? Recorded at the Request of THE METROPOLITAN WATER DIST 4 2 9 F7 + F 5 ns LO • AF-1 • ra FEf A" 61ME iM C—" MT CtT Ago"I PR nN OF SOUTHERN CALIFORNIA When Recorded Mail to 3 irax sr err svr cit�co TIIA•t_TAX DA chRa ouM THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Post Office Box 54153. Los Angeles, California 90054 DOCUMENTARY TRANSFER TAX $ None (Exempt--Section 11922, California Revenue and Taxation Code) PERMANENT EASEMENT DEED ii CQ MWD Parcel INFEDl-33-120PEA1 Assessor' s Parcel No . 151-241-019 The CITY OF SAN BERNARDINO, a municipal corporation (Grantor) , hereby grants to THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation (Grantee) , a permanent easement to construct, reconstruct, maintain, operate, enlarge, remove, and replace, a line or lines of pipe at any time and from time to time, for water transportation, with every appendage or structure necessary or convenient to be installed at any time in connection therewith, within the property described in Exhibit A, and shown on the attached Permanent Easement Map labeled Exhibit B (Property) , both attached hereto, and by this reference, incorporated herein. This grant is subject to the following 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. i n (OMW 014u8w8se3 10 IMO pue eoue;d000y wiel0;rot) le1ped SN:d-8 L09Z) J0110-1 aMW :;u9wg3e;;d c a� v Y � Ui a Permanent Easement Deed -2- MWD INFEDl-33-12OPEAl a. APN 151-241-019 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, that 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 (attached hereto) . 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 350 South Grand Avenue, Sixth Floor Los Angeles, California 90071 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. p !n ((IMW 01 1u9ua8se310;ueJO pue aaue;dax)V wiela;inp le'Ped WdU L09Z) J0140-1 OMW :;uauayae;}y Y � ui a. Permanent Easement Deed MWD INFED1-33-12OPEA1 a APN 151-241-019 Dated: CITY OF SAN BERNARDINO, a municipal corporation i one t��N o 2 , Yet �o (Print Name and Title) By: (Print Name and Title) Authorized by MWO Administrative Code Section 8221 (g) SEV/33120PEA/wbetd r ti A ((]MW of luawese3 io lueaO pue aoueldeood wielallnp le'Ved SN:dN L09Z) aalla-i amw :ivauayaeiiy ..1 �n .r.. fF,°,3 N L a m CALIFORNIA F; ALL-PURPOSE ACKNOWLEDGEMENT Y •K STATE OF CALIF RNIA ) COUNTY OF1 ) on_ Lllvi8 _ before me1�.. DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE.NOTARY PUBLIC" personally appeared, _ D d personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(, whose name(g) is/ayd subscribed to the within instrument and acknowledged to me that hell tK executed the same in his/l_r/tlwr authorized capacity), and that by his/y/wr signature(oon the instrument the person(pj,or the entity upon behalf of which the person(q�acted, :y executed the instrument. WITNESS my hand and official seal. Eileen C.Gomez I1 Comm.#t 14SOM3 v TAAY PU<ILIC-CALIFORNIA iAM IM Co IM E Ny 2.R00 r (SEAL.) NOTARY PUBLIC SIGNATURE a; OPTIONAL INFORMATION ;w TITLE OR TYPE OF DOCUMENT DATE.OF DOCUMENT NUMBER OF PAGES SIGNERS)OTHER THAN NAMED ABOVE Y (aMW ol;uawaseB jo;ueaD pue aouejdeooy wielo;lnp le'Ped SU:dU L09Z) aa;;al aMW :1u9wy3e11V M v v . N Y � Ui a m v a EXHIBIT A INFEDl-33-12OPEAl Permanent Easement City of San Bernardino Those portions of Sections 5 and 6, Township 1 North, Range 4 West of the Rancho Muscupiabe in the City of San Bernardino, County of San Bernardino, State of California as shown on map recorded in Book 7, page 23 of Maps records of said County, all lying within that property conveyed to the City of San Bernardino by Deed recorded June 30, 1921 in Book 724, page 8 of Deeds records of said County, described as follows: Beginning 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 1x 4" iron post, concrete filled, 2' above the surface, marked on the northside "SBFR27--R4WS5" and on the sorthside "RM' as shown by County Surveyors Plat No. 7145; thence along the easterly Rancho line between said corner M-26 and corner M-25 as shown on said Map N 070 05' 12" E 487 .58 feet; thence leaving said Rancho line N 810 58' 51" W 109.52 feet; thence N 080 01' 09" E 110 .95 feet to the beginning of a tangent curve concave southeasterly, having a radius of 1150 feet; thence northeasterly 483 .31 feet along said curve to said easterly Rancho line; thence along said easterly Rancho line N 070 05' 12" E 204.00 feet to the beginning of a non--tangent curve, concentric with and 100 . 00 feet northwesterly of said last mentioned curve, concave southeasterly, having a radius of 1250 feet, a radial line to said beginning bears N 490 23 ' 46" W; thence leaving said Rancho line southwesterly 710 . 89 feet along said curve; thence tangent to said last mentioned curve S 080 01' 09" W 110 . 95 feet; thence N 810 58' 51" W 49 .68 feet; thence S 080 01 ' 09" W 992 . 39 feet; thence S 500 26 ' 40" W 65 . 25 feet; thence N 860 12" 05" W 612 . 43 feet; thence N 5011 16 ' 12" W 347 . 69 feet to a point on the southerly lire of that certain parcel of land conveyed to the State of California by Grant Deed recorded August 27, 1974 in Book 8503, page 1 of Official Records of said County; thence coincident with said parcel. N 890 59 ' 54" W 98. 12 feet; thence N 440 13 ' 53" sal 265 .20 feet; thence N 060 00 ' 13" E 41 . 86 feet; thence leaving said parcel N 500 16 ' 12" W 147 , 80 feet; thence Page 1 of 2 ((]MW ol;uawaseg jo;uea0 pue aoue;d000y wielo;inp le[Ped SN:dN L09Z) .a9119-1 4MW :1u9uay3e1 1y d d N Y � ui a a� a EXHIBIT A INFED1-33-12OPEAl Permanent Easement City of San Bernardino - S 390 43' 48" W 155.00 feet; thence S 500 16' 12" E 631.98 feet; thence N 390 43' 48" E 5 .00 feet; thence S 500 16' 12" E 223 .45 feet; thence S 860 12 , 05" E 779.29 feet; thence N 500 26, 40' E 190.57 feet; thence N 080 01, 09" E 453 .91 feet; thence S 810 58' 51" E 108.35 feet to said easterly Rancho line; thence N 000 46' 29"* W 73 .35 feet to the point of beginning. PREP ER MY SUPERVISION R Pete G. Wiseman P.L.S. 6241 * rt Date r PGW\p:\. .\infedl\33\legal\r212opea.doc AUgU8t 13, 1997 0 Page 2 of 2 r ar (aMw of}u9ul3se3 10;ueJO pue aauelda3oV ullela;lnt) le'Ped SN:dN L09Z) aa};al aMw :;uauayae;;y 'r' a EXHIBIT B "T"s MAP is TO K ATTA646't0 THE LECAL I,>EsCR1PTXW- Page 1 of 1 0 POR. SEC. 5 & POR. SEC. 5, T. 1 N. R. 4 W.. RANCHO MUSCUPIASE, a bF M.B. 7. PAGE 23, CITY SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA T2N R4W 31 32 T1N R4W e 5 �z NOT TO SCALE a LEGEND w PERMANENT EASEMENT � IWED1-33-12OPEA1 41 (11.755 ACS.) h � t,4 Uc �tl a JviVJ z m � P.O.S. -26 _ a 0 a� VICINITY MAP to J► HQ. � SITE '11� Q►� CA O sr JD Zt` 4F C�`-`FO "0RT PREPARED UNDER MY SUPERVISION THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA INLAND FEEDER PERMANENT EASEMENT 30 , Pet G.'Hise pan P.L. 241 CITY OF SAN BERNARDINO I � TO I 1 MWD NOT ro rtcA40 DATE iNFED1.-33-12OPEA1 /svrrw/inland/row/exhb/33/120peol.dgn 8/13/97 LK/PGW •• v ((]MW o;;uauiaseD;o;ueaE) pue ague;daooy uaielo;inp lelVcd S2i:dN L09Z) a3118-1 pMW :;uaw43e;;y to Ui a. d Y V c0 CL CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by this deed dated JeAkicTi4-7, E 9118 from THE CITY OF SAN BERNARDINO, a municipal corporation (Grantor),to THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (Grantee), a public corporation, is hereby accepted by the undersigned officer on behalf of the Board of Directors of said District pursuant to authority conferred by Administrative Code Section 8201 of said District adopted on January 4, 1993, and the Grantee consents to recordation thereof by its duly authorized officer pursuant to Administrative Code Section 8221(8) adopted on December 8, 1992. Dated: r 7- THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA John R.Wodraska General Manager By Gary M. yder Chief Engineer Transaction authorized by General Manager per Administrative Code Section 8201. SEVIACQ-23133120ACP 1!24197 (aMW 0;}uauaase310 WeJO pue a0ue}da30y wiel0;inp le':PBd SM:dH L09Z) a8110-1 oMW :;uauayae;}y m ~ v Y N ui Ch 0. d Y U R z IL C m a+ _O r' 0 •L O N U Q O U Q a � d 0 LL z U 5 Ul G � U Q7 Q C Ln � a o 14 c 4- v 0 cu L gam. O S_ U rOy � y W ca d p i ry 0 Q N rl Q O p CL w O LL o� 0 a +r w ° Q o N � � O c x +� v * Q 0 R3 cc � v v u LL M1 c (aMW of 4v luauase3 10 3uea!D pus aaueldaoay wielalinp le':Ped SM:dM L09Z) Jolla"] aMW :luaua40ellb 06 Oj d. = x T A /C Q _ a c e-F X % l0 N % (D �- O D k - m n rt a O ro fit+ -, v, p � ,n -n 0O m m - O N N N S w Q A W a N N N O - v Qy i 5XJ LOCATION OF PROPOSED EASMENT AND PARTIAL t QUITCLAIM o� w w v FQV/ 0 \ / Q Q a� O Ga�pJy 18 = d 15 E a) ke rn �do aaaii m p� 40th St. 330 4. A� O Marshall Blvd. C _ 210 N 259 () Highland Ave. _ CL a)€ v � U Base Line St. w Q 9th St > v 5th St. a (�7f C Rialto Ave. 15 Q' m Mill St ri o n. Ir........................ L U C 21U U) CL Orange how Rd. ° a i= eo 0 to ` N — D U VICINITY MAP `W >_ NTS E s ca �p �l a CITY OF SAN BERNARDINO PROPOSED GRANT OF EASEMENT TO MWD AND PUBLIC WORKS DEPARTMENT PARTIAL QUITCLAIM OF EASEMENT TO THE CITY REAL PROPERTY SECTION SanBciliar iao WITHIN DEVIL CANYON, IN THE CITY OF SAN BERNARDINO. ® Indicates un-incorporated areas within City's Sphere of Influence Created by: Ryan Sandoval packet Pg.249