HomeMy WebLinkAbout1980-210 RESCLUTION N0. ?D
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2 A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
ACCEPTANCE AND EXECUTION OF AM AGREEMENT AND GRANT OF EASEMENT FROM THE
3 STATE O AND LESTROFAELMWOODAROADRAND�ORDER PAYYMENTYINOTHEEAMOUNTHOFFF H
TWO
STREET A
4 HUNDRED FIFTY DOLLARS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL. OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1: The Mayor and City Clerk of the City of San Bernar--
7 lino are hereby authorized and directed to execute and accept cn behalf
8 of said City an Agreemett and Grant of Easement from the State of California
9 a copy of which is attached hereto and incorporated by reference herein
10 as fully as though scat forth: at length, marked Exhibit "A", for drainage
11 purposes more particularly described in said Agreement and Grant of Ease-
12 mcnt and concerning that certain real property in the City of San Bernardino
13 State of California, generally located North of 6th Street and West of
14 Elmwood Road and said City consents to recordation thereof by its duly
15 authorized officer.
16 SECTION 2: That the City of San Bernardino is hereby ;uthorized
17 to rake payment for the herein described property in the amount of Two
18 I Hundred Fifty Dollars. ($250)
19 I HEREBY CERTIFY that the foregoing resolution was d"Iy adopted
20 by the Mayor and Commor Council of the City of San Bernardino at a
21 meetinr, thereof held on the i ? day of
22 1980, by the following vote, to-wait:
23 AYES: Counci lmer,
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25 NOES:
26 ABSENT:
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ij .erk
1 The foregoing resolution is hereby approved this �c
2 day of 1980.
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Mayor of the City of San Bernardino
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Approved as to form:
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10 City Att ney
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,EN RECORDED MAIL TO
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LSPACE ABOVE THIS LINE FOR RECORDER'S USE
Agency: Dept. of Developmental
Services
AGREEMENT AND GRANT OF EASEMENT project: PATTON STATE HOSPITAL
File: SSL 070-3
THIS AGREEMENT AND GRANT OF EASEMENT is made and entered into by and between the STATE OF
CALIFORNIA, acting by and through its DIRECTOR OF GENERAL SERVICES, hereinafter called State,
and— the CITY OF SAN BERNARDINO , hereinafter called Grantee.
State, pursuant to the provisions of Section 14666 of the Government Code of the State of California, and in
consideration of the suin of$ 250.00 ,receipt of which is hereby acknowledged,hereby grants
unto Grantee, its successors and assigns forever, an easement to construct, reconstruct, main-
tain and repair a drainage facility, in, over, under and across the real prop—
San Bernardino, County of San Bernardino, State of California,
erty in the City of
as described in the attached Exhibit "A", and by this reference made a part
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hereof.
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THE PROVISIONS ON THE REVERSE SIDE HEREOF CONSTITUTE A PART OF THIS AGREEMENT
Dated
GRANTEE : CITY OF SAN
STATE OF CALIFORNIA By
Department of General Services
By JOIiN R. IiLALY, Se in or Land Agent
APPROVED
By
Cx�41B (T A
Rcs•600 (7/76)
� PROVIDED,this Grant of Easement is subject to the following terms and conditions:
M1. This Grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which
may affect said property and the use of the word"Grant"herein shall not be construed as a covenant against
the existence of any thereof.
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2. Grantee waives all claims against State, its officers, agents, and employees, for loss or damage caused by,
arising out of, or in any way connected with the exercise of this Casement, and Grantee agrees to save
harmless, indemnify, and defend State,its officers, agents, and employees, from any and all loss, damage or
liability which may be suffered or incurred by State, its officers, agents, and employees caused by, arising
out of, or in any way connected with exercise by Grantee of the rights hereby granted except those arising
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out of the sole negligence of State.
e 3. State reserves the right to use said real _= _°_ •- n r'= ,provided such use does not unreasonably
interfere with Grantee's rights hereunder.
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4. State reserves the right to require Grantee,at State expense,to remove and relocate all improvements placed
by Grantee upon said real property, upon determination by State that the same interfere with future devel
Within 180 days after State's written notice and demand for removal and reloca-
opment of State's property.
tion of the improvements, Grantee shall remove and relocate the improvements to a feasible location on
the property of State, as designated by State, and State shall furnish Grantee with an easement in such new
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location, on the same terms and conditions as herein stated, all without cost to Grantee, and Grantee there
upon shall reconvey to State the easement herein granted.
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t 6. This Easement shall terminate in the event Grantee fails for a continuous period of 18 months to use the
Easement for the purposes herein granted. Upon such termination, Grantee shall forthwith upon service of
written demand, deliver to State a quitclaim deed, d b to its right, title and interest State, and shall, on remove all property p latced
request, without cost to State, and within 90 days from written deman
by or for Grantee upon said property and restore said premises as nearly as possible to the same condition to restore the premise
they were in to the
do at the
risk of Grantee, and alll ostslof such removal and res
in accordance wit h such request, State o
storation shall be paid by Grantee upon demand.
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SSL 070-3y
EXHIBIT "A"
A strip of land 5.00 feet wide lying within Lot 3, Block 51, Rancho
San Bernardino as per plat thereof recorded in Book 7 of Maps, page 2,
records of the County Recorder of San Bernardino County, State of
California. The center line of said strip is described as follows:
Commencing at the intersection of the South line of 7th Street and
the West line of Elmwood Road, as said streets were conveyed to the
City of San Bernardino by document recorded February 11, 1975 in Book
8614, page 536, Official Records of said County; thence South along
said West line of Elmwood Road, a distance of 511.26 feet to the begin-
ning of a tangent curve, concave Northwesterly and having a radius of
50.00 feet; thence Southwesterly along said curve and along said West
line of Elmwood Road through a central angle of 530 07' 48" a distance
of 46.36 feet to the beginning of a reverse curve in said West line,
concave Easterly and having a radius of 50.00 feet; thence Southerly
along said curve and West line of Elmwood Road to a point which is
directly West of the point of circle of said last mentioned curve
and the True Point of Beginning; thence West in a straight line to the
Easterly line of Del Rosa Avenue as conveyed to said City by said
document, and the Point of Termination. The sidelines of said easement
shall be lengthened or shortened so as to begin in the Westerly line of
said Elmwood Road and to terminate in the Easterly line of said Del Rosa
Avenue.
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