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HomeMy WebLinkAbout23-Public Works .. i~ File 15.02-1051.B .101 CITY OF SAN BER'.~ARDINO ~ REQUEST _ OR COUNCIL ACTION From: ROGER G. HARDGRAVE Subject: Resolution: Authorizing Accept- ance & Execution of Easement Deed from Metropolitan Water District of Southern California - property located on Industrial Parkway, East of Palm Avenue Dept: Public WorkslEngineering ?ci J 1991l JAR 32' AM 7:43 January 30, 1990 Date: Synopsis of Previous Council action: 12-18-89 -- Resolution No. 89-489 adopted establishing Assessment District No. 985 for the improvement of Industrial Parkway. Recommended motion: Adopt resolution. cc: Marshall Julian Jim Richardson Jim Penman Andrew Green ~ Contact person: Anne DeBolt Staff Report, Resolution Phone: 5328 Supporting data attached: Ward: 6 FUNDING REQUIREMENTS: Amount: $ 200 Source: (Acct. No.) 251-659-53925 (Acct. Description) Assessment District 985 ( l~ y'\ Finance: V\i J.J ~ (Industrial Parkway Improvement District Council Notes: ~~ CITY OF SAN BERI, ~RDINO - REQUEST . lR COUNCIL ACTION STAFF REPORT This easement, from Metropolitan Water District of Southern California, is necessary for the improvement of Industrial Parkway, east of Palm Avenue. It is necessary to present this resolution to the Mayor and Common Council as the document contains agreements and restrictions, and because there is a consideration of $200.00 which must be paid to Metropolitan Water District of Southern California. There are no unusual conditions placed upon the easement, and staff hereby recommends adoption of the resolution and payment of the fees. The $200.00 fee will be charged against the Industrial Parkway Assessment District. 1-30-90 - 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING TH ACCEPTANCE AND EXECUTION OF A PERMANENT EASEMENT DEED FROM TH 3 METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA FOR THA CERTAIN REAL PROPERTY LOCATED ON INDUSTRIAL PARKWAY, EAST OF PAL 4 AVENUE, AND ORDERING PAYMENT IN THE AMOUNT OF TWO HUNDRED DOLLARS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 10 11 12 13 14 15 16 17 18 SECTION 1. The Mayor and City Clerk of the City of Sa Bernardino are hereby authorized and directed to execute an accept, on behalf of said City, a Permanent Easement Deed from Metropolitan Water District of Southern California, which is attached hereto and incorporated by reference herein fully as though set forth at length, marked Exhibit "A", fo street and highway purposes, more particularly described in sai Easement and concerning that certain real pro~erty in the City of San Bernardino, County of San Bernardino, State of California, generally located east of Palm Avenue on Industrial Parkway, and said City consents to recordation thereof by its duly authorized officers. SECTION 2. That the City of San Bernardino is hereby 19 authorized to make payment for the herein described Permanent 20 Easement Deed in the amount of Two Hundred Dollars. 21 22 I / I I 23 I I I / 24 / / / I 25 / I I I 26 / / I / 27 / / I I 1/17/90 28 / / I I RESO: AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A PERMANENT EASF'"":NT DEED FROM THE METROPOL~-'AN WATER DISTRICT OF SOU'l ~RN CALIFORNIA 1 I HEREBY CERTIFY that the foregoing resolution was. duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a meeting thereof, held on the 4 5 wit: 6 7 8 9 10 11 12 13 of 14 day of , 1990, by the following vote, to- Council Members AYES: NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day , 1990. 15 16 17 W. R. Holcomb , Mayor City of San Bernardino 18 Approved as to form and legal content: 19 James F. Penman, 20 City Attorney 21 22 23 24 25 26 27 28 By 1m*' :;, fe.,,~ U -- --- REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY HALL 300 North "D" Street San Bernardino, California 92418 DOCUMENTARY TRANSFER TAX $ None (Exempt-Section 11922, California Revenue and Taxation Code) PERMANENT EASEMENT DEED 1606-28-17, and 25 (portions) THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, hereby grants to CITY OF SAN BERNARDINO, a municipal corporation, a permanent easement for public street and utility purposes over the real property in the City of San Bernardino, County of San Bernardino, State of California, described on Exhibit A and shown on Exhibit B attached hereto and incorporated herein by reference. This easement is granted subject to the following terms: 1. It is subject to Grantor's paramount right to use the above-described property for the purposes for which it was acquired. 2. Grantee shall submit in advance all plans for installation and construction or reconstruction of Grantee's facilities to Grantor for review and written approval. EXHIBIT "A" -- ~ Permanent Easement Deed 1606-28-17, and 25 (Portions) -2- 3. Grantee shall not change the existing grade or otherwise modify the topography of property affected by this easement without prior written consent of Grantor. 4. A street in conformity with the public street standards of the City of San Bernardino shall be constructed within the easement area and incorporated into the city public street system; provided, however, that (a) the construction of such street and utilities therein shall conform to final plans approved in writing by Grantor, which show the location, character, dimensions, and details of the work to be performed, and (b) after initial construction is completed, any future changes to the street or changes to or installation of any utilities therein shall have the prior written approval of Grantor, which approval shall not be unreasonably withheld. 5. Grantor purchased the above-described property in fee for its existing 120-inch-inside-diameter Foothill Feeder-Rialto Pipeline and for a future pipeline and appurtenances. Any additional costs incurred by Grantor for construction, reconstruction, maintenance and use of the existing and future pipelines and appurtenances attributable to the presence of Grantee's improvements shall be borne by Grantee. 6. Grantor shall not be required to contribute any part of the cost of street improvements on the above-described property, and, furthermore, if Grantor is included in an assessment district to pay such costs, Grantee shall reimburse Grantor for any assessment therefor levied upon it. 7. Grantee assumes all risk of loss to itself, which in any manner may arise out of the use of the easement. Further, Grantee shall indemnify and defend Grantor and its directors, officers, and employees against any liability and expenses, including the reasonable expense of legal representation whether by special counselor by Grantor's staff attorneys, resulting from injury to or death of any person, or damage to any property, including property of Grantor, or damage to any other interest of Grantor, including but not limited to suit alleging noncompliance with any statute or regulation, which in Permanent Easement Deed 1606-28-17, and 25 (Portions) -3- any manner may arise out of the granting of this easement, or use by Grantee of the easement or any adjoining land used with the easement. 8. The above-described real property is to be used only for the purposes herein specified, and in the event that said real property is not so used, or the uses for which this easement is granted shall permanently cease, Grantee shall immediately initiate formal statutory highway abandonment procedures as provided by law for County or City highways and streets. Dated: i /4/ e{C" I I I I THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Carl Boronkay General Manager r " PRS/hk-D68 Authorized by MWD Administrative Code section 8220 EXHIBIT A 1606-28-17 & 25(portion) City of San Bernardino That portion of land in the Rancho Muscupiabe, City of San Bernardino, County of San Bernardino, State of California, as said Rancho is shown on plat recorded in Book 7, page 23 of Maps, in the office of the County Recorder of said County, lying within those certain parcels of land conveyed to The Metropolitan Water District of Southern California by Grant Deeds, recorded June 2, 1971 in Book 7678, page 816 and recorded November 5, 1971 in Book 7789, page 503, both of Official Records of said county, said portion of land described as follows: Commencing at the intersection of the northeasterly right of way line of the Atchison Topeka & Santa Fe Railroad (150 feet wide) and the southeasterly property line of said parcel conveyed to The Metropolitan Water District of Southern California recorded in said Book 7678, page 816 and marked by a 2 inch iron pipe tagged MWD RCE 21759 as shown on Record of Survey by The Metropolitan Water District of Southern California and recorded June 25, 1976 in Book 31, pages 78 to 82 of Record of Survey, in the office of said County Recorder; thence along said southeasterly property line the following courses; N 680 36' 31" E 366.52 feet to the beginning of a tangent curve concave southeasterly marked by a 2 inch iron pipe tagged MWD RCE 21759; thence 51.94 feet along said curve having a radius of 440.00 feet and a central angle of 60 45' 47" to the TRUE POINT OF BEGINNING; thence 33.39 feet along the continuation of said curve having a radius of 440.00 feet and a central angle of 40 20' 53" to a 2 inch iron pipe tagged MWD RCE 21759, a radial bearing to said TRUE POINT OF BEGINNING bears N 140 37' 42" W; /..;! -/5-~.? ~-::-:-: :~7' /..:.'f.-- \.,', iD f-., I/~:~:)--;/.,..,--_......;;z./...~j.."', 1/'."- ';.;'.' _ /Y '" d A / / ~ L ../~~./ :~fl/~,l..) L "\~~:'l ~~ -<~ (../~ JIfII :' .( '.,.:." ,~-,' ';Jr.,\-"'\ < I ,_ ..1 ~"'.' ._.... , \ " ( . I ,',' -,~ -,_." '*V " . \ t;.;r ,'. -' ..: " .':,. i I '\ \ / ; '.. ~- \', '_',n ...., I' "'.,(:::.~i~.~0L5f/ 1606-28-17 (Ptn.) -2- thence N 79' 43' 11" E 804.68 feet to a 2 inch iron pipe tagged MWD RCE 21759; thence along the southwesterly and easterly property line of said parcel conveyed to The Metropolitan Water District of Southern California as recorded in Book 7789, page 503 the following courses; thence 88.87 feet along a nontangent curve concave southwesterly having a radius of 300.00 feet and a central angle of 160 58' 19", a radial bearing to the beginning of said curve bears N 340 19' 01" E; thence S.380 42' 40" E 30.00 feet to a 2 inch iron pipe tagged MWD RCE 21759; thence N 210 26' 46" E 0.94 feet; thence leaving said property line N 380 43' 29" W 142.68 feet; thence N 100 16' 49" W 90.91 feet to the northwesterly property line of said parcels conveyed to The Metropolitan Water District of Southern California; thence along said property line the following courses; S 790 43' 11" W 804.68 feet to the beginning of a tangent curve concave southeasterly marked by a 2 inch iron pipe tagged MWD RCE 21579; thence 43.00 feet along said curve having a radius of 560.00 feet and a central angle of 40 20' 53" ; thence leaving said property line S 140 37' 42" E 120.00 feet to the TRUE POINT OF BEGINNING. containing 2.336 acres, more or lesso GVG/jd264 /2-/S-t?? -4--4/ ~ U~ ~ EXHIBIT "Boo CITY OF SAN BERllAIlDINO, COUNTY OF SAN BERNARDINO, S7",E OF CAUFORNIA BErNG PORTION OF NUSCUPIABE RANCHO ACCORDING TO A NAP RECORDED IN BOOK 7, PAGE 23 OF NAPS, RECORDS OF SAID COUNTY OF SAN BERNARDINO. CURVE AND LINE DATA TABLE CURVE AND LINE DATA TABLE .- -. II DELTA RADIUS LENGTH BEARING II DELTA RADIUS LENGTH BEARING 1 366.52' N66'36'31"E 7 0.94' ! N21"26' 46"E - 2 06'45' 47" 440' 51.94' 8 142,68' N38'43'29"" >--- 1-___ . --- 3 04 '20'53" 440' 33,39' 9 90.91' Nl0'16' 49"" --- --. 4 804.68' N79'43'11"E 10 604.68' 579'43'11"" --. .- -'- -. 5 16'58'19" 300' 88.87' 11 04 '20'53" 560' 43.00' 6 30.00' 538'42' 40"E 12 120.00' 514'37' 42"E -..- PERMANANf EASEA/EMf 1606-28-17"25(PTNS.) 2.3S6 ACRES NOTE: THrs SKETCH WAS PREPARED FROM RECORD DATA. THE BAsrs OF BEARlNGS It CALCULATIONS ARE BASED ON R.S. 31/78-82. \" S.E.'LY M.....D. It <O.R. 7678/816> \ PER R.S. 31/78-82 \ 11 f1J ...,. . .. . . . . . . . . . . . . 1\" ..... . ... .....;,f~iiL.l'J'Dg............. . . . . . . . . . . r3' .. FO . . 'PIYfLI1o/.. . . . . . . .......(.a.R:76.,8/8:,6J..cr..:.,u~LfO. ..... . o 1- V .~- "'0. <~ " -1'- ~ " ~ < 'b. ~ '9 7 .". 1'", . ~ .~ ~A"\ -~ . 6> 1'1' 'cP<-> . N34'19'01"E ---.. RAD. N14 '37' 42"" RAD. LEGEND 0" " " " ......... . . . . . . . . . ......... ......... ......... PERMANENT EASEMENT . 20 I.P. TAGGED M'WD ReE 21759 PER R.S. 31/78-82 VICINITY MAP 150 0 ~ _ ./"/.# SCALE IN y---U~, Va-..4cc~ / COUNTY OF SAN BERNARDINO ~ %~~~~-:.,. THE METROPOLITAN WATER DISTRICT ~~ GERALD..L ('~*~] 0' SOUTRIRN ~RNU FOOTHILL FEEDER RlALTO PIPEUNE PERMANENT EASEMENT ..J"/, ~,o E~:3 ~i ~.~/:[ ~_._.<:::~~~~., '" /". ~...,\..j ~:_-~\.j.; 150 I FEET 300 I /2 - /s - t:?'? M.W.D. TO CITY OF SAN BERNARDINO 1606-28-17 ~ 2SCPTNSJ 1,\28':;U.=.:: 11/2 :89 T; II' -et" /J' 7/1/,/c;/) r /:::.II~t"'/} ,'<' /) r J "J:"cl I r/.?t6 - 2('- J '/..-,~- / C-. c. _/ STATE OF CALIFORNIA ) ) SSG ) COUNTY ,-1r L/'~ AI-/GE( c~ fj day of / . /",./ - '. ;,/./.;:;..~ " /'-;/" , in the year' " /c:/ , On this ~ . before me, 7)'/;"/7<1"" A '-~l ':::,',---'h,,/" .~ , a Notary Public, personally appeared R. W. BALCERZAK, personally known to me to be the person who executed this instrument as Assistant General Manager of The Metropolitan Water District of Southern California, a public corporation, and acknowledged to me that The Metropolitan Water District of Southern California executed it. WITNESS my hand and official seal. : .. .ddd,dP . OFFiciAL SEAL \ ~ THOM\SA.. DRE~C~,:,~, 11 ~~ NgTARY PU~L1C:C"L"~' '.I~ "R':"~\~~ L"S e.r<Gi::LES CLeNTY ."~ My C~':'::':.~'p, ~~tl3.1990 .., .................... (Seal) fit ~ ~ Signa ture..---' '/;.) IlL r, r -LJ u- .,' C' 1-,;, '--" 7T Notary Public in and for said State This is to certify that the interllSt In real pro conveyed bv the within instrument to the C,ty 0 Strnardlno, Calolornla. a munIcIpal corporallon, is h, ac:r.'!pted by order 01 the City Council, and the gr, consenu to the recordation thereof by its duly authc officer. Oa ted ............ ................00...__....0000. ...... 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