HomeMy WebLinkAbout2017-2221
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RESOLUTION NO. 2017-222
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, REAUTHORIZING THE EXECUTION OF GRANT
DEEDS FOR THE SALE OF WATER DEPARTMENT PROPERTY LOCATED IN
DEVIL CANYON KNOWN AS EBE-68 AND EBE-78
WHEREAS, the Water Department acquired property in Devil Canyon in the 1920s
and an additional 40 -acre parcel in the 1970s for development of water and for watershed
protection; and
WHEREAS, a portion of the property is under agreement with the San Bernardino
County Flood Control District for water spreading basins and another portion was sold to the
State of California when the Devil Canyon Power Plant was constructed and are part of the
extension of the State Water Project; and
WHEREAS, the Water Department executed a permit for additional property with the
State of California Department of Water Resources (DWR) in 1988 for the purpose of
constructing the Devil Canyon Power Plant Enlargement, which was subject to three
subsequent amendments, giving them rights of access and entry to the properties commonly
known as parcels EBE-68 and EBE-78; and
WHEREAS, the DWR made an offer to the Water Department for the purchase of
property known as EBE-68 and portions of EBE-78 (the "Properties"); and
WHEREAS, the offer represented the fair market value of the Properties; and
WHEREAS, the Water Department retains all water rights associated with the
properties; and
WHEREAS, the Water Board approved the sale of the above -referenced property, for
the price of $46,015.00 (Forty -Six Thousand, Fifteen and 00/100 Dollars), at its regular
meeting on June 4, 2002 and executed the right of way contract; and
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WHEREAS, the Mayor and City Council by Resolution 2002-169 authorized the
execution of grant deeds for the Properties but the authorization was rescinded if the grant
deeds were not executed within sixty (60) days; and
WHEREAS, the grant deeds were not executed within sixty (60) days and the
authorization to execute the grant deeds has expired; and
deeds.
WHEREAS, the DWR has requested that the City authorize the execution of the grant
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council of the City of San Bernardino hereby
authorizes and directs the City Manager to execute grant deeds attached hereto as Exhibits
"A" and "B" and incorporated herein by reference as though set forth at length. The Water
Department shall retain the water rights for the property. The City Manager and City Clerk
are hereby authorized and directed to execute any other documents furthering the intent of the
Mayor and City Council in passing this resolution so long as such further documents are
reviewed and approved as to form by the City Attorney.
SECTION 2. The above authorizations are rescinded if the parties to the grant deed
do not execute the grant deeds and return the fully executed grant deeds to the Office of the
City Clerk within ninety (90) days of the passage of this resolution.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, REAUTHORIZING THE EXECUTION OF GRANT
DEEDS FOR THE SALE OF WATER DEPARTMENT PROPERTY LOCATED IN
DEVIL CANYON KNOWN AS EBE-68 AND EBE-78
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
15th day of November 2017, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
x
x
x
XM
x
x
x(S)
ABSTAIN ABSENT
AjIt
_
Georgea anna, C C,..City Clerk
The foregoing Resolution is hereby approved this 15'h day of November 2017.
r
R. Carey Davis, yor
City of San Bern dino
Approved as to form:
Gary D. Saenz, City Attorney
B
3
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
DEPARTMENT OF WATER RESOURCES
Division of Engineering
Real Estate Branch
1416 gth Street, Room 425
Sacramento, CA 95814
GRANT DEED
(CORPORATION)
ABOVE THE LINE FOR RECORDER'S USE
CALIFORNIA AQUEDUCT
Project _EAST BRANCH ENLARGEMENT
Parcel No. EBE-68
N-1 P-0118
CITY OF SAN BERNARDINO, a corporation, organized and existing under and by
virtue of the laws of the State of California does hereby GRANT to the STATE OF
CALIFORNIA all that real property in the County of San Bernardino, State of California,
identified in the records of the Department of Water Resources as:
DWR Parcel No. Area
EBE-68 UNIT A 24.57 acres
EBE-68 UNIT B 3.32 acres
Estate
FEE
EASEMENT
(In the event of any discrepancy between the above identification and the real property
described herein, the real property described will control.)
DWR 547 -CP (Rev. 05/08) - 1 -
OAR 2 2 2017
That portion of the land described in the deed to the City of San Bernardino,
recorded June 30, 1921, Book 724 of Deeds, Page 8, Official Records of San Bernardino
County, being a portion of Rancho Muscupiabe, City of San Bernardino, State of California,
described as follows:
UNIT A
BEGINNING at a 4 -inch square iron pipe as per Record of Survey 18/36, also
being Corner Number 24 of said Rancho Muscupiabe, and also described as Corner Number
11 in PARCEL ONE of said deed;
THENCE FROM SAID POINT OF BEGINNING along the line between Corner Number 11
and Corner Number 10 in said deed South 740 39' 33" East 291.65 feet to said
Corner No. 10;
thence along the line between Corner Number 10 and Corner Number 9 in said deed
South 11 ° 49' 59" West 603.36 feet;
thence EAST 1099.65 feet;
thence NORTH 921.59 feet to the Southeasterly extension of the line described as
"North 50° 43'00" West 28.42 feet" in UNIT A, 3-1962-1, of the deed to the State
of California, recorded August 27, 1974, Book 8503, Page 1, Official Records of
said County;
thence along said Southeasterly extension North 500 43' 00" West 129.40 feet to the
Northeasterly terminus of the line described as "North 11' 38' 00" East 69.43 feet" in
said UNIT A;
thence along the Southerly line of said UNIT A the following 7 courses:
(1) South 11 ° 38' 00" West 69.43 feet;
(2) South 280 04'00" West 34.00 feet;
(3) South 41 ° 11' 00" West 106.30 feet;
(4) WEST 380.00 feet;
(5) North 440 14'00" West 265.19 feet;
(6) North 060 00' 00" East 191.05 feet; and
(7) North 83° 27'00" West 271.16 feet to the Westerly line of
the parcel of land described in said deed to the City of San Bernardino;
thence along said Westerly line South 250 36' 35" West 630.73 feet to the Point
of Beginning.
EXCEPTING THEREFROM the above described property, all subsurface water,
and all oil, oil rights, natural gas, natural gas rights and other hydrocarbons, by whatsoever
name known, arid all other minerals and mineral rights, whether or not similar to those herein
mentioned (including the right to drill, mine, explore, and operation under and through the
herein described land for the purpose of extracting and producing oil, gas, and other
hydrocarbons, by whatsoever name known, and all other minerals, whether or not similar to
those herein mentioned, from other lands); provided that owner, his successors or assigns,
shall not drill, mine, explore or otherwise operate upon, in, or through the surface or upper
-2-
MAP 2 2 20W,
300 feet of the subsurface of the lands herein described, in the exercise of any of the herein
excepted rights.
Containing an area of 24.57 acres, more or less.
UNIT B
A perpetual nonexclusive easement and right of way to construct, reconstruct,
operate, maintain, and use an existing access and service road over, through, and across
that portion of said Rancho Muscupiabe included within the sidelines of a strip of land 40.00
feet in width, measured at right angles to and lying 20.00 feet on each side of the following
described centerline:
That portion of Section 5 and that portion of Section 6, both in Township 1
North, Range 4 West, San Bernardino Meridian, according to the Official Plat thereof and that
portion of Rancho Muscupiabe, all in San Bernardino County, State of California, described
as follows:
A strip of land of the uniform width of 40.00 feet along an existing paved road,
extending from the Southerly boundary of that certain land described as "PARCEL 1" in that
document, recorded May 24, 1967, Book 6826, Page 86,Official Records of said County, and
extending to a point within that certain parcel described as "Unit D" in that document,
recorded August 27, 1974, Book 8503, Page 1, Official Records of said County, the centerline
of said 40:00 foot wide strip being described as follows:
COMMENCING at the Southerly end of that course described as South
000 00' 00" East 200.00 feet, as described in said "PARCEL 1 ";
thence continuing along the boundary of said "PARCEL 1" South 900 00' 00" East 74.41
feet distant to the true point of beginning of the centerline of said 40.00 foot wide
strip;
thence leaving said "PARCEL 1" boundary and along said centerline on a curve to the
left from a tangent bearing of South 080 33'37" East having a radius of 800.00
feet through a central angle of 05° 09' 11 ", an arc distance of 71.95 feet;
thence South 130 42'48" East 249.54 feet;
thence on a tangent curve to the left having a radius of 1200.00 feet, through a central angle
of 07° 17' 33", an arc distance of 152.73 feet;
thence South 21 ° 00' 212" East 93.32 feet;
thence on a tangent curve to the right having a radius of 1000.00 feet, through a central
angle of 080 40' 49", an arc distance of 151.50 feet;
thence South 120 19' 31" East 691.47 feet;
thence on a tangent curve to the right having a radius of 1229.75 feet, through a central
angle of 270 41' 06", an arc distance of 594.21 feet;
thence South 150 21' 33" West 321.96 feet;
thence on a tangent curve to the left having a radius of 200.00 feet, through a central
angle of 19° 22'03", an arc distance of 67.80 feet;
thence South 040 00'28" East 220.26 feet;
-3-
VAR 2.2 2017
thence on a tangent curve to the left having a radius of 500.00 feet, through a central
angle of 060 30' 00", an arc distance of 56.72 feet;
thence South 100 30'28" East 243.76 feet;
thence on a tangent curve to the right having a radius of 500.00 feet, through a central
angle of 060 30' 00", an arc distance of 56.72 feet;
thence South 040 00' 28" East 643.58 feet, more or less, to the end of the herein described
centerline.
The terminal point of said centerline of the 40.00 foot wide strip from which
a 3/4 -inch iron pipe with brass plug marked "S2-11" bears the following 2 courses:
(1) North 850 59' 32" East 30.00 feet to a point on the Easterly boundary
of said "Unit D"; and
(2) Along said Easterly boundary line North o4° 00'28" West 790.59 feet
distant.
Containing 3.32 acres, more or less.
Bearings and distances used in the above description are based on the
California Coordinate System, Zone 5, 1927.
Albert De Leon LS V716
LAND SG
D�lF GFS
Oy �
k�le *0.
rc
CALF
Z;!
►f �G 2Z 201 �
MAR 2 2 2017
IN WITNESS WHEREOF, said corporation has caused itrporate name to be hereunto subscribed and its
corporate seal to be affixed hereto, this day of 0 cOnL14 , 20T
Approved as to content and form:
By z 31117
[CORPORATE SEAL] 0
City o San Bernardino, Ma1Wr 4�l
City of San ernardino, lit Clerk
B ,
City,of S Bernardino, City Attorney
STATE OF CALIFORNIA)
SS
County on ��gi�i�o
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
On �J 20 �� , before me, 1,141,krie., /�//b 1 a k6,aY
personally appeared ]« �. /�%!��</� who proved to me on the basis of
satisfactory evidence to be the person whose names/are-Tubscribed to the within instrument and
acknowledged to me that .4orshe/tbey-executed the same in I�her/tbei> authorized capacity(Wil,—a-rid that by
,hig/her/t Ir signature(a-ro—n the instrument the person�r the entity upon behalf of which the person(,e') 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.
Notary Public California
i . =i San Bernardino County z
z Commission #t 2159279 D
My Comm. Expires Aug2, 2020
[SEAL] NOTARY PUBLIC IN AND FOR TH ATE OF CALIFORNIA
(CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE, SECTION 27281)
This Is To Certify, That the State of California, grantee herein, acting by and through the Department of Water Resources, hereby accepts for
public purposes the real property, or interest therein, described in the within deed and consents to the recordation thereof.
IN WITNESS WHEREOF, I have hereunto set my hand this day of 20
BILL CROYLE, ACTING DIRECTOR
DIRECTOR OF WATER RESOURCES
By
Jeanne M. Kuttel, Chief
Division of Engineering
DWR 547 -SP1 (Rev 02/08) - 5 -
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validi of that document.
State of California
County of SoLre,
On ZO _ uil before me, wlom,h N,t4' U."
(insert name and title of the offs er)
personally appeared Lays I U lV
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
(Seal)
PATRICK JOHN MORRf50N
Notary Public • California
z Sacramento County
Commission # 2169449
My Comm. Expires Oct 24, 2020
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
DEPARTMENT OF WATER RESOURCES
Division of Engineering
Real Estate Branch
1416 9th Street, Room 425
Sacramento, CA 95814
GRANT DEED
(CORPORATION)
SPACE ABOVE THE LINE FOR RECORDER'S USE
Project
CALIFORNIA AQUEDUCT
EAST BRANCH ENLARGEMENT
Parcel No. EBE-78
N-1 P-0118
CITY OF SAN BERNARDINO, a corporation, organized and existing under and by
virtue of the laws of the State of California does hereby GRANT to the STATE OF
CALIFORNIA all that real property in the County of San Bernardino, State of California,
identified in the records of the Department of Water Resources as:
DWR Parcel No.
EBE-78
Area Estate
6.74 acres FEE
(In the event of any discrepancy between the above identification and the real property
described herein, the real property described will control.)
DWR 547 -CP (Rev. 05/08)
-1-
MAR 2 2 -2011
EBE-78
All that portion of Government Lot 2, Section 6, Township 1 North, Range
4 West, San Bernardino Meridian, City of San Bernardino, County of San Bernardino,
State of California, according to the Official Government Plat thereof, described as
follows:
BEGINNING at the Southwesterly corner of said Lot 2;
thence North 000 27'58" West 316.95 feet along the Westerly line of said Lot 2;
thence leaving said Westerly line the following 4 courses:
(1) South 700 21' 22" East 280.43 feet;
(2) North 84° 52' 35" East 447.64 feet;
(3) South 760 41' 56" East 298.86 feet; and
(4) North 850 05' 23" East 268.99 feet to the Easterly line of said Lot 2;
thence South 000 27' 58" East 205.74 feet along said Easterly line to the Southeasterly
corner of said Lot 2;
thence South 89° 29'42" West 1267.94 feet, more or less, along the South line of said
Lot 2 to the Point of Beginning.
Containing 6.74 acres, more or less.
Albert De Leon LS 7 6
AND SU��
0 C 41.�
-2-
G r 4 A ZZ 20 /%
MAR 2 2 2017
IN WITNESS WHEREOF, said corporation has caused its. rporwe name to be hereunto subscribed and its
corporate seal to be affixed hereto, this __ _ day of��16 , 20L17.
Approved as to content and form:
ByW1 1,7/1-3
[CORPORATE SEAL]
City o an Bernardino, May& ey'
By-�
City of Sa ernardi ity Clerk
By
a n Bernardino, City Attorney
STATE OF CALIFORNIA) (. notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
SS document to which this certificate is attached, and not
County o n A'4'061-00the truthfulness, accuracy, or validity of that document.
I
On G/- 4/wr /-?—, 20/7 , before me, /u'/:��G /l.. f*7/.i / 'O 14111e,
personally appeared &�60- a- INr 11'e who proved to me on t e basis of
satisfactory evidence to be the person whose name Is/ subscribed to the within instrument and
acknowledged to me thatki5rs-he/ther5re-xecuted the same in l Wffedtheff—a-uthorized capacity(ieg rand that by
r/thefrls—ignature on the instrument the persorAel,or the entity upon behalf of which the persorjkej-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
VALERIE R. MONTOYA
Notary Public -California
i.�; San Bernardino County z
Z Commission 4 2159279 a
My Ca fres Aug2, 2020
NOTARY PUBLIC IN AND FOR THE 9VTE OF CALIFORNIA
(CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE, SECTION 27281)
This Is To Certify, That the State of California, grantee herein, acting by and through the Department of Water Resources, hereby accepts for
public purposes the real property, or interest therein, described in the within deed and consents to the recordation thereof.
IN WITNESS WHEREOF, I have hereunto set my hand this zOA day of Affdz 20 /7
BILL CROYLE, ACTING DIRECTOR
DIRECTOR OF WATER RESOURCES
By
FA
DWR 547 -SP1 (Rev 02/08) - 3 -
Jeanne M. Kuttel, Chief
Division of Engineering
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California l
County of S &LraV%A . 0 )
On _ krt� 2U 'lull before me, PA�:�r� 66f' •„ 1UArq., ?4j!9
r (insert name and title of the oft7cer)
personally appeared 05
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
(Seal)
PATRICK JDNN ML�Rf� SON
Notary Public - California
Z 'C Sacramento County n
Z Commission # 2169449
N! Comm. Expires Oct 24, 2020