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HomeMy WebLinkAbout26-Public Works -~ - .. 1.... CITY OF SAN BERNARDINO - ,. /,...., Fi'M( No. 15.02-843 LJ':!.:.,1lf-- REQUEST FOR COUNCIL ~CTION '-' Roger G. Hardgrave Subject: Acceptance of Easement Deed from the United States of America From: Dept: Public Works/Engineering September 16, 1985 ." -;-, pl '\ (: (,,') \-"::) 1-"' -"'-J " \~.) ,~ ',I ..:(. ~; .- Date: Synopsis of Previous Council action: None C> .,., ,_:) -.\ ,,:i Recommen<led motion: Adopt Resolution cc: John Matzer Jr., City Administrator ~ .~az-? Signature -- Ward: 5026 4 Contact person: Verne Nadeau Supporting data attached: Yes Phone: FUNDING REQUIREMENTS: Amount: none Sou rce: Finance: Council Notes: 1 Agenda Item N~ . 75.0262 . I - - - CI'" OF SAN BERNARDO - REQUOT FOR COUNCIL AC......ON STAFF REPORT This office presently is proceeding with an assessment district to improve Daley Canyon Road, east of Chiquita Lane. To accomplish this project, it was necessary to obtain the necessary rights-of-way. and this document provides for a portion thereof. The individual acceptance by your Honorable Body is necessary as the form document used by the U.S.A. Department of Forestry contains certain conditions and covenants. The document, however, does not contain any unduly adverse restrictions or reservations. and no appropriation of money is required. 2 75-0264 ~ I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~ 27 ~ ~ 28 I I .1 ~ESOLUTION NO~' A RESOLlITION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF AN EASEMENT DOCUMENT FROM THE UNITED STATES OF AMERICA, ACTING BY AND THROUGH THE FOREST SERVICE. DEPARTMENT OF AGRICULTURE. CONCERNING PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF CHIQUITA LANE AND DALEY CANYON ROAD. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: The City Clerk of the City of San Bernardino is hereby authorized and directed to accept on behalf of said City an Easement Document from the United States of America. acting by and through the Forest Service. Department of Agriculture. a copy of which is attached hereto and incorporated by reference herein as fUlly as though set forth at length. marked Exhibit "An. for street and highway purposes. more particularly described in said Easement Document and concerning that certain real property in the City of San Bernardino, County of San Bernardino. State of California. generally located at the Northwest corner of Chiquita Lane and Daley Canyon Road. and said City consents to recordation thereof by its duly authorized officer. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on the date of . 1985. by the following vote. to-wit: AYES: Council Members NOES: ABSENT: 1 " 1 2 3 4 S 6 7 8 9 10 11 12 13 14 lS 16 17 18 19 20 21 22 23 24 2S 26 , , I 27 I, II 28 I , .1 The ,r'....., '- '-" City Clerk foregoing resolution is hereby day of approved this . 1985. Approved as to form Clty Attorney Mayor of the Clty of San Bernardino 2 - -~ ........ fK;nnlT "--' THIS E1ISEl-lENl', dated this /(P!hday of47liSt- ,1985, from the UNITED STATES OF N.l[,RlCA, acting by and through the Forest Service, Depar~nt of Agriculture, hereinafter called Grantor, to CITY OF SNI m:mwmn.o, a municipal corporation, hereinofter called Grantee. t"lITNPSS~rn : WlIBRE1\S, the Grantee has awlied for a grant of easement under the Act of October 13, 1964 (78 Stat. 1089, 16 U.S.C. 532-538), for a road over certain lands or assignable easements owned by the United States in the County of San Bernardino, State of California, and administered by the Forest Service, Deparbment of Agriculture. N:M THEREFORE, Grantor does hereby grant to Grantee an easement for a public road and highway along and across a strip of land, hereinafter defined as the "right-of-way" over and across the lands in the County of San Bernardino, State of California, as described in Exhibit "A" attached hereto. 'The word "right-of-way" when used herein means said strip of land whe~er <?r not there is an existing road or highway located thereon. Except wh~re 1t 1S defined more specifically, the word "high\~ay" shall mean roads or h1ghways now existing or hereafter constructed on the right-of-way or any segment of such roads or highways. 'The right-of-way is shown and specifically described in Exhibit B attached hereto and made a part hereof. 'This grant is made subject to the following terms, provisions and conditions: 1. OUtstanding valid claims, if any, existing on the date of this grant. 2 'The easement her~in granted is limited to use of the described right-of-way for the purpose of construction, operation and maintenance of a highway in accordance with' approved plans and specifications described in the following conditions numbered (3) and (4) and does not include the grant of any rights for non-highway purposes or facilities: Provided, That the right of the Forest Service to use or authorize the use of any portion of the right-of-way for non-highway purposes shall not be exercised when such use would interfere with the free flow of traffic or impair the full use and safety of the highway i and Provided further, That nothing herein shall preclude the Grantor from locating National Forest and O~ler ~partment of Agriculture information signs on the portions of the r1ght-of-way outside of construction limits. 3. The design and construction of the highway project situated on this right-of-way will be in accordance wi~1 plans and specifications approved by the Regional Forester on file in his office. 4. lIny :econstruction of the highw~lY situated on this right-of-way will be ln accordance with plims and specifications approved. by the Regional Forester prior to beginning such reconstruction. ,. ~ _ I oA -- .4 - - - - ( 5. ....~"", /" " Consistent with highwayVety stanrnrds'...Je Grantee shall: (a) Protect and preserve soil and vegetative cover and scenic esthetic values on the right-Qf-<Nay outside of construction limits. (b) Provide for the prevention and control of soil erosion within the right-Qf~~ay and adjacent lands that might be affected by the construction, operation, or r.aintenance of the highway, and shall vegetate and keep vegetated with suitable species all earth cut or fill slopes feasible for revegetation or other areas on which ground cover is destroyed where it is dee-:led necess<lry during a joint revievl between the Regional Forester and Grantee prior to completion of the highway fu~d the Grantee shall maintain all terracing, water bars, lead-{)ff ditches, or other preventive works that may be required to accomplish this objective. This provision shall also apply to slopes that are reshaped following slides which occur during or after construction. 6. The Grantee shall establish no borrow, sand, or gravel pitsl stone quarry; permanent storage areas; sites for high~~y operations and maintenance facilities; camps; supply depots; or disposal areas within the right-{)f way, unless shOlV!l on approved construction plans, without first obtaining approval of the Regional Forester. 7. The Grantee shall not use pesticides to control unde sirable woody and herbaceous vegetation, aquatic plants, insects, rodents, trash fish, etc., without the prior written approval of the Forest Service. A request for approval of planned uses of perticides will be submitted annually by the Grantee on the due date established by the Forest Supervisor. The report will cover a 12 month period of planned use beginning 3 months after the reporting date. Information essential for review will be provided in the form specified. Exceptions to this schedule may be allowed only when unexpected out breaks of pests require control measures \"hich were not anticipated at the time the annual report was submitted, at which time an' emergency request and approval may be made. Only those materials registered by the U.S. Envirorunental Protection Agency for the specific purpose planned will be considered for use on National Forest Systems lands. Label instructions will be strictly followed in the application of pesticides and disposal of excess materials and containers. 8. The Grantee does by the acceptance of this document covenant and agree for itself, its assigns, and its successors in interest to the property herein granted or any part thereof, that the covenants set forth below shall attach to and run with the land: (a) That the described property, and its appurtenant areas and its buildings and facilities, vlnether or not on the land herein granted, will be operated as a public road in full co~pliance with Title VI of the Civil Rights Act of 1964 and all requirements imposed or pursuant to the regulations issued thereunder by the Deparbnent of Agriculture and in effect on the date of this docUTz'nt to the end that no person shall, on the ground of race, color, or national origin, be exclud"d from participation in, be denied the benefits of, or be subjected to e.,J,;b,-f A' .. .4. - - - - l discrimination url~any prO<JraJllS oL......;=tivitieG provided thereon; and (b) 'l'hat the United States shall have the'. Lgbt to judicial enforcC'r:~cnt of thf>:.-;e cO\lc:lanL3 nCIL only tl~ to the Gri.1ntt~(', its [;UCcc~;~ors llnd a;;,si<jns, hut olso (lS to lc~~.s(Y'[; ,:--.nd liccnr;0.c8 doi.ng businc~s or cxtendin<] [;erviccs under contro.ctual or other arrangements on the land herein conveyed. In the event of a breach of any of the condi tions [:c:t forth above, all right, title, or interest in and to the above derx:ribed property shall, at the option of the Grantor, revert to and become the pro[~'rty of the United States of [,"erica, ~Ihich shall have an irmlediate right of entry thereon, and the Grantee, its successors and assigns, shall forfeit all right, title, and interest in and to the above cC3cribed pro[JCrty and in any and all of the tenements, hereditanlents and ar.purtenances thereunto belonging; provid8d, however, that the failure of the Grantor to insist in anyone or n:ore instances upon corrplete performance of any of the said condition:.; shall not be construed as a waiver or a relinquishment of the future performance of any such conditions, but the obligations of the Grantee with respect to such future performance shall continue in full force and effect. 'l1le Chief, Forest Service, may terminate this easement, or any segment thereof, (1) by consent of the Grantee, (2) by condemnation, or (3) after a five year period of non-use, by a determination to cancel after notification and opportunity for hearing as prescribed by law. IN h'ITNESS h'HEREDF, the Grantor, by its Director of Lands, P.S.W. Region, Forest Service, has e~ecuted this easement pursuant to the delegation of authority to the Chief, Forest Service, 7 CPR 2.60, and the delegation of authority by the Chief, Forest Service, dated Decenber 14, 1979 (44 FR 75690), on the day and year first above written. UNITED STATES OF AMERICA ByA"1~/r~L-.. L L r r Director of Lands, P.S.W. Region Forest Service Departnlent of Agriculture ~'.-6,'1 A' - .4- - - - ~'-'-' , - J\CKla'/LEOCE1lCNl' -.....; Sf ATE OF CALIFORNIA CoWlty of San Franciste ) ) ) On this 16th day of August , in the year 1985, before me Evelyn Joyce Hastinos , a Notary Public in and for said State with principal office in the County of San Franci see , personally appeared IDRYlXlD F. ROBEP.I'SHAW, known to me to be Director, Division of Lands, P.S.W. Region, u.S. Forest Service, United States Department of l'griculture, who executed the within instrument on behalf of the United States of America, and acknowledged to me that the United States of America executed the same. IN WITNESS \'/HEREDF, I have hereunto set IT~ hand and official seal. the day and year first above written. . OFFICIAL 5EAL EVEl YN JOYCE HASTINGS NOTARY PUBLIC . CALI~O~NIA I , SA.~ FRANCISCO COUNTY " My com~..~~~~ !~.::!~ 1989 ~ t:~~;#~~ r uJ:j ~c This is to certify that the interest in real property conveyed by the within instrument to the City of San Bernardino. California, a municipal corporation, is hereby accepted by order of the City Council. and the grantee consents to the recordation thereof by Its duly authorized officer. Dated ....__...___.___.___...___....___...._...__m..__ CITY OF SAN BERNARDINO By ....mm....._______...___......m...........__. City Clerk location ..P~~.:_.J2~1.~'t...c~~~.~.~..}~~-,.. ___.____.__el!L.c~_~~~-I!.!:i~--J.~~.~.-....----.--- File No. mn.L5..'.t?:?..=.__Q..1.1____.____________...__.__n__ eYJ,:b"~ :.<' -~ t.. ,r-."""'. ~, .....I -,,;XlIIlHT "^" Parcels of National Forest lands cros~;ed by this eascmcnt: T.1 N.. R. 4 Ji..L-f..Bl\i:1j Section 13, SWl/4SEl/4 e-~I,.j,,'1 ;.f.' -- -+ - \. '-I!IKHIBIT nBn "--' page 1 of 2 7~is easement dced is for a portion of the intersection of Chi(pita Lane and Daley Canyon Rood, both of ~/hich arc pa.rt of the City of San F.crnardino street system. The area is described as follows: Beginning at the southeast corner of the southwest one-quarter of the southeast one-quarter of Section 13, T.l N., R.4 W.; thence west along the south line of said Section 13, a distance of 54.18 feet to the beginning of I a non-tangent curve, concave southeasterly and having a radius of 41.00 feet, a radial of said curve from said point bears south 82012'48" east; thence northerly and easterly along said curve through a central angle of 9~11'56~, a distance of 69.55 feet; thence south 80033'28" e~st, a distance of 2.57 feet to a point on the east line of said southwes~ one-quarter of the southeast one-quarter of Section 13, which point is north 0 37'39" west thereon, a distance of 33.44 feet from the point of beginning; thence south 0037'39" east along said east line to the Point of Beginning. Basis of bearing is the north line of Section 24, T.l N., R.4 W., SBBM as being north 89048'10" east per Tract No. 5601 as per plat thereof recorded in Book 84 of Maps, pages 53 and 54, records of the County Recorder of said county. s,J,."/".;' ;4' - -~ \ ,.~ ~ -.....I\. ~ '" III. '0 -1\' ~ t. ~ ". ~~~ 1\ ) ~ tI ~ ,",,- ~~~ ~ ~~ ~ ~ , III ,,' to '0 '\ "'. ~ ~ .. ~ \II ~ \"~~~ " '1 " " " 1-0\~'Cl<\ !':c...... .... ~ ~~ ,~~ \Ii .....~ " ~ ~ ~~ ~ """'" /7 ~ ~ III '" . ~ iii .. 1.\1 K/W ~/.vE C'H/YlV/TA : ~AHG rNO.Ze'/s-"W) !_ .11/0.28 '/!i"'/y' Z5'. ~7. AI P "'"37 '3$1 "w ,~,pT ,.t/,vc /('/W".!/oVE AlO"ZB '/!>.'w 8.89' " ~ III I\) ~ . l() III , ~ . " r.. . III "- ~ ~~ . ~ ~ ~ : ~ ~ .. 1\ .... ,. h' III ......' ~: '" !"I .~ . ~ ~. . ~ '1\1 ~ ~P:r ~hy'E :-'l~~ ........ Z~ . Ul n . t'l >-3 .... ::<l'~ . ... ;Ul~ . PI ~ I~j ~~~. .~~~ . ~~~ I f ~ ~ HI to) ~ /?I(J.:6,..(. i1--"