HomeMy WebLinkAbout15-Water Department
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Bernard C. Kersey
General Manager
Dept: Water Department .~ .
. .
Date: February 21, 2003 ",.f
Subject:
Resolution Authorizing the
Mayor to Execute an
Easement Agreement with
the City of Colton for Power
Transmission Lines
. I
.1..
MICC Meeting Date: March 3, 2003
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt resolution
~~L
/
Signature
Contact person: Bernard C. Kersev
Phone: 384-5091
Supporting data attached:
Yes
Ward: None
FUNDING REQUIREMENTS: Amount: None
Source: (Accl. No.)
(Accl. Description)
Finance:
Council Notes:
12tcJ8:') -H 2Cf.) '$- h:s
Agenda Item No. _15
3/3/03
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
A resolution of the Mayor and Common Council authorizing the Mayor to
execute an Easement Agreement with the City of Colton for power transmission
lines.
Background:
The City of Colton is in the process of constructing the Agua Mansa Power
Plant, a 48 Mega Watt simple cycle power plant, which is adjacent to the
Colton/San Bernardino Regional Tertiary Treatment and Water Reclamation
Authority's Rapid Infiltration/Extraction (RIX) Facility located at 1990 West
Agua Mansa Road, Colton, California. The RIX facility is jointly owned by the
City of San Bernardino as to an undivided (80%) interest, and the City of
Colton, as to an undivided (20%) interest.
As part of the City of Colton's process, they require an easement across the RIX
property in order to install and operate a 66 KV transmission line which will
run from their plant and ultimately connect to their existing power
transmission facilities. The requested easement is a fifty (50) foot wide corridor
which will traverse adjacent to Agua Mansa Road and is a permanent easement
to construct, maintain, operate, use, repair, alter, replace and remove electrical
systems as outlined in detail in the Easement Agreement and Exhibits "A" and
"B". City of Colton staff and their consultants have worked closely with Water
Department staff in alignment of the power poles and overhead lines. The
easement and power transmission lines will not interfere with the existing or
future uses of the property.
The Board of Water Commissioners approved this request on December 3,
2002.
Financial Impact:
NONE
Recommendation:
Adopt the Resolution approving the Easement Agreement.
1
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CIT~
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A~
EASEMENT AGREEMENT WITH THE CITY OF COLTON FOR POWER!
TRANSMISSION LINES.
RESOLUTION NO.
2
3
4
5
6
WHEREAS, the cities of San Bernardino and Colton jointly own th
Rapid Infiltration Extraction (RIX) Facility property located at 1990 West Agu
Mansa Road in the City of Colton; and
WHEREAS, the City of Colton is constructing a 48 Mega Watt simpl
cycle power plant on property adjacent to the RIX Facility; and
WHEREAS, the City of Colton has requested a permanent easement t
7
8
9
10
11
12
construct, maintain, operate, use, repair, alter, replace and remove electrica
systems consisting of, but not limited to, overhead power lines, pull boxe1
transformers, pads, vaults, cases, conductors and other fIxtures an'
appliances, with the necessary appurtenances, for conveying electric energy"
over, under, in and along and across the RIX Facility more fully described i1
the Easement Agreement, a copy of which is attached hereto, as Exhibit" l'
13
14
15
16
17
and incorporated herein by reference.
18
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMO
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
19
20 SECTION 1. That the Mayor is hereby authorized to execute
21 Easement Agreement with the City of Colton for Power Transmission Lines.
22
SECTION 2.
The authorization to execute the Easement Agreement i
23 rescinded if the parties fail to execute the Easement Agreement within si..xt}
24 (60) days after the Resolution is adopted by the Mayor and Council.
25 / / /
26 / / /
27 / / / LJI(D- /~
28 / / / ___3/o-Y45
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIN
AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT AGREEMENT BETWEEN THE CITY OF SA
BERNARDINO AND THE CITY OF COLTON FOR POWER TRANSMISSION LINES.
1 I HEREBY CERTIFY that the foregoing Resolution was duly adopted b)
2 the Mayor and Common Council of the City of San Bernardino at
3
meeting thereof, held on the _ day of
, 2003, by th
4 following vote, to wit:
5 Council Members: AYES
6 ESTRADA
7 LONGVILLE
8 McGINNIS
9 DERRY
10 SUAREZ
11 ANDERSON
12 McCAMMACK
13
NAYS
ABSTAIN ABSENT
14
Rachel Clark, City Clerk
The foregoing resolution IS hereby approved this
day 0
15
16
,2003.
17
18
Judith Valles, Mayor
City of San Bernardino
19
Approved as to form
and legal content:
20
JAMES F. PENMAN,
21 City Attorney
22 a
- . t:/~1
23
24
25
26
27
28
2/21/2003
-2-
RECORDING REQLESTED BY A'iD
WIIE'i RECORDED :\IAIL TO:
San Bernardino Municipal Water
Department
Attn: Bernard C, Kersey
300 North "D" Street - Fifth Floor
San Bernardino, CA 92418
SP'\("f' -\E30\T TlIIS!.I"-l: FOR KFCORDF.R SLSF
EASEMENT AGREEMENT
This Agreement is entered into lm , 2003, by and between the City
of San Bernardino, as to an undivided 80% interest, and the City of Colton, as to an undivided
20% interest. hereafter referred to as "Grantors", and the City of Colton, hereafter referred to as
"Grantee",
A, Grantors are the oWners of certain real property situated in the City of Colton,
County of San Bernardino, State of California (hereafter referred to as the "'Senient Tenement"),
and more particularly described in Exhibit "A", which is attached to this Agreerncnt and hereby
incorporated by reference. A graphic representation of Exhibit "A"' is provided in Exhibit "'B"',
B, Grantee desires to acquire certain rights in the Servient Tenement.
Grant of Easement
I, For good and valuable consideration. Grantors ,,'Tant to Grantee an easement. subject to
the terms of this agreement.
Character of Easement
2. The easement ,,'Tanted in this Agreement is in gross.
Description of Easement
3. The easement granted in this Agreement is a permanent easement to construct. maintain,
operate, use, repair, alter, replace and remove electrical systems consisting ot: but not
limited to. overhead power lines. pull boxes, transfonners, pads, vaults, cases, conductors
and other tixtures and appliances, with the necessary appurtenances, for conveying
electric energy over, under, in, along and across the parcel of real property located in the
City of Colton. County of San Bernardino, State of California. described in Exhibit "B"
attached hereto and incorporated by this refcrence, Said easement includes the rights of
in,,'Tess and egress across the Sen'ient Tenement, at locations to be approv'ed by the
Grantors to support the purpose set lorth above.
" -;'.'5--c,r;II,)c>, C'l'. .'1'(', :,',n l-_"'<"T",~I "~""",,,m h,,!-r~~J', 2"p:,;
Nonexclusive Easement
4. The easement is granted in this Agreement is nonexclusive. Grantors retain the right to
make any use of the Servient Tenement, including the right to h'Tant concurrent easements
in the Servient Tenement to third parties that does not interfere unreasonably with
Grantee's free use and enjoyment of the easement.
Assignment
5. This Agreement. including any interest in this Agreement. shall not be assigned without
the prior written consent of the other party.
Indemnification
6. Grantee shall defend, indemnify and hold the Colton/San Bernardino Regional Tertiary
Treatment and Water Reclamation Authority (the "Authority") and the City of San
Bernardino (the "City"), their officers, employees and agents. harmless trom and against
all losses. damages, liabilities. obligations, costs and expenses, including, without
limitation. costs and reasonable attorneys' fees incurred or sustained by the Authority or
the City. their officers, employees and agents, arising directly or indirectly from Grantee's
use of the easement granted herein. Notwithstanding the foregoing. Grantee's obligation
to defend, indemnify and hold harmless the Authority and the City. their officers.
employees and agents, shall not be applicable to the extent any such losses. damages.
liabilities. obligations, costs and expenses. including, without limitation. costs and
reasonable attorneys' fees incurred or sustained by the Authority or the City. their
oftlcers. employees and agents. arise trom or are the result of negligent or wrongful acts
of the Authority or the City or anyone acting for or under the Authority's or the City's
direction.
Entire Agreement
7. This Agreement constitutes the entire ah'Teement between Grantors and Grantee relating
to the abo\'e easement. Any prior agreements. promises, negotiations. or representations
not expressly set forth in this Ah'Teement are of no force and etTect. Any amendment to
this Agreement shall be of no force and effect unless it is in writing and signed by
Grantor and Grantee.
Binding Effect
8. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors.
administrators, successors, and assigns of Grantors and Grantee. except as otherwise
provided in this Agreement.
" '~'"_I',IIi: D.., l'Il', c':'C..i:,-'n 1"C""'~1' '\"cc'~"'~nt h:~r"J". :"n;
Executed on this
GRA:\ITEE:
CITY OF COL TO:\
By:
day of
\ '-":'-.. ':'; [).''': ('11'. .,:'C,-;:,"n L_l,C""'''l..\~rc'~''wm h:rr:.L.,,-. '
.2003.
GRANTORS:
CITY OF SAl\ BERNARDI:\O
By:
ATTEST:
By:
Judith Valles. Mayor
CITY OF COLTO:\:
By:
Rachel Clark. City Clerk
This certificate is attached to a three (3) page document entitled EASE\1E:\T
AGREE;\IENT and dated .2003.
STATE OF CALIFOR;\"IA
ss
COUNTY OF SAN BERNARDI;\"O
On .20_, before me, the undersigned. a Notary Public in
and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that _ executed
the same in _ authorized capacities. and that by _ signature on the instrument the
person, or entity upon behalf of which the person acted, executed the instrument.
WIT:\ESS my hand and ofticia! seal.
:\OTARY PUBLIC
STATE OF CALIFOR:\IA
ss
COUNTY OF SA:\ BER:\ARDI:\O
On .20 . before me. the underSigned. a ,,"otary Publ1c In
and for said County and State. personally appeared
personally kno\\"n to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that _ executed
the same in _ authorized capacities. and that by _ signature on the instrument the
person. or entity upon behalf of which the person acted. executed the instrument.
\VIT:\ESS my hand and ofticial seal.
:\OTARY PUBLIC
" ~~, -.,., 1 [).x ( 11\ ." ( " ii.'l1 ~ .","",,'C.i .\ C''''''''""I F~rru~r\ J" ~
STATE OF CALIFORNIA
ss
COLJCiTY OF SAN BERCiARDINO
On ,20_, before me. the undersigned. a Notary Public in
and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that executed
the same in _ authorized capacities, and that by _ signature on the instrument the
person. or entity upon behalf of which the person acted. executed the instrument.
WIT'\ESS my hand and ot1icial seal.
'\OTARY PCBLIC
'. ,'^ --'"., Llox (':1'. ,-,J ( . a t:,C'c"~'n ,.,~rl'~;T\~~1 F,;"f'.J_". :'.f-:
Scp1L'l1lhn I 'I ~IJ(I.~
I 267-{JI
EXHIBIT "A"
Electric Transmission Easement
Over the lands of
City of San Bernardino & City of Colton
(Reference FNT No. 02-3706-5444CA(5) and (6)
(property Nos. ] and 2)
A strip ofland fifty (50) feet wide lying within those portions of Lots 27, 29-1/2,30,3] and
32 of the Bandini Donation, in the City of Colton, County of San Bernardino, State ofCalifomia,
per map on file in Book 3 of Maps, Page 24 thereof, Records of said County, as conveyed to the
City of San Bernardino and the City of Colton by Quitclaim Deed recorded February 27,2001, as
Instrument No. 20010070428, Official Records of said county, said fifty (50) foot strip ofland
lying twenty-five (25) feet on each side of the following described centerline:
A fifty (50) foot wide strip ofland, the centerline being described as follows
STRIP 'B':
COMMENCING at the most Northerly corner of Lot 39 of said Bandini Donation;
Thence S.58044'22"E. along the northeasterly line of said Lot 39, a distance of 169.03 feet,
to the POINT OF BEGINNING;
Thence N29047'50"E., a distance of ]22.04 feet;
Thence N520IO'20"E., a distance of251.73 feet;
Thence NA]026'50"E., a distance of275.]9 feet;
Thence N23004'00"E., a distance of221.90 feet;
Thence N. 19050'52"E., a distance of 159.]6 feet;
Thence N.34007'24"E., a distance of ]65.59 feet;
Thence N45027'46"E., a distance of659.28 feet;
Thence N 38052'39"E., a distance of 151.60 feet;
c'flrence 1'; 28.938']8"E., a distance of179.89 feet;
Thence N.30o I 5' 47"E., a distance of323.23 feet;
Thence N51 o25'24"E., a distance of232.88 feet;
Thence N53020' 45"E., a distance of 434.98 feet;
Thence N52048'24"E., a distance of7]5.38 feet;
Thence N54052'39"E., a distance of227.63 feet;
K:\ClienlS\ 1267 Fru Con\L.c=gaJ D~s\l267-O I ElecEase.r.2.doc
~. ,.CJ
.. ~-
r
-
Thence N. 73030'30"E, a distance of] 83.83 feet, to the northeasterly line of that certain
property as conveyed to the City of Colton by recorded , as
Instrument No. , Official Records of said San Bernardino County
The above described parcel ofland contains 118,900 square feet, more or less.
KCTCONSULTANTS, 1Ne.
Prepared Under the Supervision of
. ..0<-\') (' i?~..$ J _
Marissa Crowther, PLS 6152
Date: "1--z&> - o~
K:\Clicn1.s\J267 Fru Con\UgaJ Desl1267-01 ElecE;ase.1-2.doc
~
{"M
.~
COl.fISE TABLE
o BEARING LENGTH
LI N.58044'22"W 169.03'
L2 N.29047'50"E. 75.02'
LJ N.58044'22"W. 395.61'
L4 NOT USED
L5 N.29047'50"E. 122.04'
L6 N.520I0'20"E. 251.73'
L7 N.4I026'50"E. 275.19'
La N.23004'OO"E. 221.90'
L9 N.19050'52"E. 159.16'
LlO N.34007'24"E. 165.59'
1I1 N.45027'46"E. 659.28'
Ll2 N.38052'39"E. 151.60'
Ll3 N.2803S'IS"E. 179.89'
1I4 N.30oIS'47"E. 323.23'
LIS N.Slo2S'24"E. 232.88'
1I6 N.S3020'4S"E. 434.98'
1I7 N.S2'4S'24"E. 7IS.3S'
LIS N.S4'S2'39"E. 227.63'
1I9 N.73'30'30"E. /S3.83'
~ "
NORTHEASTERLY LINE OF ~
PROPERTY CONVEYED TO
THE CITY OF COLTON,
---
\
\
39
~
$C.IrU:,"-1:Ol1
i
Pr&pa'~ und9' th9 sup9rYlslan of:
PROPOsED
ELECTRICAL TRANSMISSION EASEMENT
'1-;za. ~~ KCT CONSULTANTS, INe.
CMI Engineers - Survtl'y<>f1l - PIanrlElf1l
PLS 6152 DATE _
EXHIBIT "8"
Sheet Lor -i.
Scale: 1.~500'
Septembe, 200
WO 1267-01
MARISSA CROWTHER.
\..!: \126 7\01-AgLJoMansa \Survey\Easements \01 FR-elec- ease-Bose dwe;;
:'lr~. '"'_'_ ~_ ,..,~ ~~__
/~
I'
,I :
SCAlE, 1"~IOO'
37
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lEGEND:
! !
IREF-21 ORIGINAl 50' WIDE AQUA
MANSA ROAD PER MB 2/40
AGUA MANSA ROAD EASEME~
!REF-J I CONVEYED 4/05/99. INST.
NO. 99-142809, O.R.
EDGE PAVED ROAD
32
II ///,1 PROPOSED ELECTRIC
TRANS. EASEMENT TO
BE ACQUIRED.
'~~..'~'.\':>
. .
--- ------ "'.
,
PORnON OF
STRIP '8'
,;)(X118.r. Ft.) 33
r' /
J:=' SAN BERNAF)DINO
ITY'OF eOL TON
Inst. No. 20010070~28. 2-27-290(, O.R.)
"
'. . / .
-'<3-2 ~/
. ,
\
\
/
/
, ,
~
N'ly Cor.
Lot 39
'ct,
, '.
39
o
j...
iNT NO. 02-J706-5444CA(5) and (6)
PROPERTY #,S I & 2
PF1OPOSED
ELEcTRICAL 7FiANSM1SSIoN EASEMENT
~~. KS~~~~~~INC.
EXHIBIT "B"
Sheet 2 of 4
Scale: 1"=100'
September 200
lit) 1267-01
H: \ 1267\01 -AguoMonsc \,SL:~Yev\ [oscments \01 FP-'!!ec- ca~~- ('4 r:",,~
P'A' ,,~, _ ~. ~
/~
SCALE:l-=IOO'
"
/
/
,
/
LEGEND:
I REF-2/ ORIGINAL 50' WIDE AOUA,
MANSA ROAD PER MB 2/40
("d}.,\.
.~
,
I I AGUA MANSA ROAD EASEMENT" "./
REF-3 CON 4/05/99. INST, '
NO. 99-14 09.0.R.
/
/
I/I//A
//'
PROPOSED ELECTRr
TRANS. EASEMENT TO
BE ACQUIRED.
30
PORnON OF
STRIP '8'
(rl78,900 Sq. FL)
31
37
CITY OF SAN BERNARDI
CITY OF COLTON
\,.,~~
,
r
I
I
,
'\
32
'NT NO. 02-3706-5444CA(5) and (6)
PROPERTY #'S I & 2
~
ELEcTRICAL TRANsMtssIoN EASEMENT
~~ K~ji~~~~INC.
-
EXHIBIT .B.
Sheet-Lof .J.
Scale: 1"=100'
September 200
110 1257-01
H \126 7\Ol-AguoM(]w;;o\S'Jr',If::-y'\ [csef'!e~~s \01FR-elec-ease_04.dwg
Plol Ontp' <:;",,1,-,''''0,,-., 70 "n"-' _'. ~... '" _. _
~
SCALE: 1"= roo'
LEGEND:
IREF-zl ORIGINAL 50' WIDE AQUA
MANSA ROAD PER lAB 2/40
AGUA MANSA ROAD EASEMENT
IRIT-J I CONVEYED 4/05/99. INST.
NO. 99-142809, O.R.
EDGE PAYED ROAD
26
<5---
~
~~
~ 111, ~
"V.
tic) ~()
{.>- ~c)
~
V// /~ PROPOSED ElECTRIC
TRANS. EASEMENT TO
BE ACQUIRED.
/
.
29
,
PORTION OF
STRIP '8'
(~178,900 Sq. FL)
37
CITY OF SAN BERNARDINO
CITY OF COLTON
29-1/2
./
~\
FNT NO. 02-3706-54440.(5) and (6)
PROPERTY fI'S I & 2
fflOPOSED
ELEcTRICAL TRANSMISSION EASEMENT
A KCT CONSULTANTS, me.
~ CM Engmn -~-PIarnerll
-
EXHIBIT "B"
H: \, 267\01- AguoMonsa\Survey\Eosement S \01 FR- el ec-eose-04.dwg
DI..-d n".,.,. <:"__.__,-__..-,,, '"'""., ~. ~ ,
Sheet ..i. of .....1.
Scale: 1"=100'
September 200
Ill? 1267-01
. "
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
2c<::,:-, - (,0:;
Absent G
Meeting Date (Date Adopted): :3 -,3 -Q3 Item #
Vote: Ayes' - 'I Nays-e--
is Resolution #
Abstain -E:1
Change to motion to amend original documents:
Reso. # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle i): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: .3 - 4 -0 ~~
Date of Mayor's Siguature: 3 :s- ce
Date of Clerk/CDC Signature: ::0 -:5' Q::.,
NulUVoid After: roc> Oi'>"J'" J 5- z--Ce,
,
By: -
Reso. Log Updated:
Seal impressed:
,../
./
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: Date Returned:
See Attacl;;;;t-----
See Attached:
DMp. Mp........gfl,eU"'l Sl.Ht WI 5ignaLUre:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, i0584, i0585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
Notes:
Yes /' No By
Yes No --L By
Yes No ---L By
Yes NO-7 By
Yes No B
EDA
,/
Finance
MIS
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: fY\f Date: 0, hi () 3
, '
Revised Oi/i2/01