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Home My WebLink About16-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Subject: Resolution authorizing the execution of an easement to Southern California Edison Company across City owned property located at the southeast comer of Magnolia Avenue and Meyers Road (Tract No. 13630). Dept: Development Services Date: August 5, 2005 File No. 15.02B-Ol Synopsis of Previous Council Action: 05/17/2004 - Tract No. 13630 was approved. MCC Date: 09-06-2005 02/07/2005 - Assessment District No. 1037 (Magnolia Avenue and Meyers Road) was approved. Recommended Motion: Adopt Resolution ~~~ James Funk Contact person: LASZLO "Les" FOGASSY Phone: 5026 Supporting data attached: Staff Report, Map, Reso. Ward: 5 FUNDING REQUIREMENTS: Amount: None Source: (Accl. No.) N/ A (Acct. Description) Finance: Council Notes: 'kef) :)005-30'/ Agenda Item No. 1fo 'II'/D~ e . e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution authorizing the execution of an easement to Southern California Edison Company across City owned property located at the southeast corner of Magnolia Avenue and Meyers Road (Tract No. 13630). BACKGROUND: Tract No. 13630 was approved on May 17,2004, with conditions. Part of the conditions included the formation of a landscape maintenance assessment district, which has been formed under a previous action (AD 1037). As part of the landscape district formation, the City accepted title to Lot 34 of this tract, for open space landscaping. No costs were expended by the City for the acquisition of this land. As part of the development of this tract, Southern California Edison Company (SCE) is undergrounding its overhead facilities at the southeast corner of Magnolia A venue and Meyers Road, and needs to obtain a 6 foot wide easement from the City along the northwesterly portion of Lot 34 A map is attached showing the location of the proposed easement. The easement, and facilities to be placed in the easement, will not interfere with any of the landscaping or maintenance of landscaping proposed to be carried out under the assessment district. The attached resolution authorizes the execution of an easement to SCE. Recording fees will be paid by SCE. FINANCIAL IMPACT: None. Southern California Edison Company will pay recording fees relative to this easement. RECOMMENDATION: <\dopt Resolution. . 40' 0' 40' . I GRAPHIC SCALE. 1" -40' /( 1'~~, / ~ ... ~~~""""""...... ~~?1t:~~ ............ \5''-.........~ ..... ~ ...... -90'-- ~ ........... ~<:> .... ~ ~~, .............' rlj>"l l.o~ 4t.s Or ""0 a., <99 , /"'8. Je,J. 0'8,0 / / ~/.............. ::/ / / I .... .... 11t8!-!'~ ~ .... .... \ \ JOSEPH E. BONADIMAN & ASSOCIATES INC. 7-Z8<6 consulting engineers land surveyors EDWARD J. ONADIMAN, P.LS. 7529 234 N. Arrowhead Ave., San Bernard/no, CA. 92408 EXP 12-31-05 Phone:(909)885-3806 _ Fs)(.'(909)381-1721 PREPARED FOR: Harwood Homes / West Coost Utility Services. LLC DRAWN BY EJB SCALE: 1"=40' DATE: PAGE. 2 OF 2 7-27-05 CHECKED BY EJB JOB NO: 042706 . e . 1 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 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR UNDERGROUND FACILITIES ACROSS CITY PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MAGNOLIA AVENUE AND MEYERS ROAD. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, an easement document to Southern California Edison Company for underground facilities across City owned property located at the southeast corner of Magnolia Avenue and Meyers Road, known as Lot 34, Tract No. 13630, more specifically described in said easement document, a copy of which is attached hereto as Exhibit "I" and made a part hereof. /II /II 08/05105 A/o. / (p c;Jtp /OS e . e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Hi 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION DIRECTING AND AUTHORIZING THE EXECUTION OF AN EASEMENT TO SOUTHERN CALIFORNIA EDISON ACROSS CITY PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MAGNOLIA A VENUE AND MEYERS ROAD. 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 day of , 20_, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this _ day of ,20 JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and legal content: JAMES F PENMAN, City Attorney By..4~~J A:/ 08/05/05 2 RECORDING REQUESTED BY :~:~" I fBTs'OIN ._" WI"'" IHI"S,1(/",v,\I. C,'m ,,,"'. WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY Corporate Real Estate 14799 Chestnut Street Westminster, CA 92683-5240 rC(Q)[PY Altn: DistributionffRES SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT DOCUMENTARY TRANSFER TAX S NONE NALUE D",",e, MAP = AND CONSIDERATION LESS THAN $100.00) Redlands 6431-7253 4-7214 seE Co~ny '" APPROVED" DUo $IG OF DECLARANT OR AGENT DETERMINING T.6.X FIRM NAME 'PN 0261-071-05 CORPORATE SLSNW 07/29/05 REAL ESTATE CITY OF SAN BERNARDINO, a municipal corporation (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above- ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the County of San Bernardino, State of California, described as follows: . FOR LEGAL DESCRIPTION, SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION, SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code. Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted: provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground aronnd such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. e EXHIBIT "I" e . e EXECUTED this _ day of ,20_ GRANTOR CITY OF SAN BERNARDINO, a municipal corporation Signature Print Name Title STATE OF CALIFORNIA ) ) ss. ) COUNTY OF On 20 , before me, a Notary Public in and for said State, personally appeared personally known to me (or 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 hislher/their authorized capacities, and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary 2 DSR05 I 27693 6431-7253/4-7214 e . e City of San Bernardino 6' Edison Easement Lot 34, Tract No. 13630 EXHIBIT " A" THE MOST NORTHWESTERLY 6 FEET OF LOT 34 OF TRACT NO 13630, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 299 OF MAPS, P AGE(S) 80-81, RECORDS OF SAID COUNTY AREA EQUALS 1,323 77 SQ FT MORE OR LESS. SEE EXHIBIT "B" FOR PLAT DEPICTING THE ABOVE DESCRIBED PROPERTY SUBJECT TO ALL RESERVATIONS, RESTRICTION, EASEMENTS, OFFERS OF DEDICATIONS, RIGHTS AND RIGHT OF WAYS OF RECORD THIS REAL PROPERTY HAS BEEN DESCRIBED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT ~ Edward J Bonadiman, P.L.S. License expires 12-31-05 1,ts-oS Date 1:\20041005\042708 Hal"4'ood Homcs\clcclrical c:ascmcnl.""lXl Page 1 of 2 EXHIBIT B . 40' 0' 40' , ' GRAPHIC SCALE: ," -40' I( (-~~, '/ ~ ... ~~~ ~...... ~~:;>,r~~ ~ is''-.......~ ... ~ ...... -90'--. ~ ......... ~<:) ..... ~ ~~- .........- .,.~. <0 41"'1c.,. ,. a. .S <>""'0 ., 99/& ' ,J6,J. 0'8,0 / / ~/......'--.... ~/ I / / /' \ \ JOSEPH E. BONADIMAN & ASSOCIATES INC, . 7--28<6 consulting engineers land surveyors EDWARD J. ONADIMAN, P.L.S. 7529 234 N. Arrowhead Ave., San Bemarrlino, CA. 92408 EXP 12-31-05 Phone:(909)B85-3B06 - Fax:(909)381-1721 PREPARED FOR: Horwood Homes / West Coast Utility Services, LLC DRAWN BY' EJB SCALE: 1"=40' DATE. PAGE: 2 OF 2 7-27-05 CHECKED BY: EJB JOB NO: 042708 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Abstain Companion Resolutions :J-OOS-- 300 Absent If . (7 I. /-r..- Meetmg Date (Date Adopted): - l..( - c.. J Vote: Ayes /-3, S.- '7 Nays , Item # It", Resolution # Change to motion to amend original documents 0 NulllVoid After: days/ Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Reso. Log Updated: J;r Seal Impressed: ~ Reso. # on Staff Report ~. Date Returned: Not Returned: 0 Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): / Yes NO-r By_ Yes No By_ Yes NoZ By_ Yes NoL By Yes No-L By_ Copies Distributed to: Animal Control 0 EDA 0 City Administrator 0 Facilities 0 City Attorney ~ Finance 0 Code Compliance o ./ Fire Department 0 Development Services ~)) Human Resources 0 Others: Information Services 0 Parks & Recreation 0 Police Department 0 Public Services 0 Water Department 0 Notes: // Ready to File: ~' Date: Ct/3/0S Revised 12/18/03