HomeMy WebLinkAbout31-Water Department
CITY OF SAN BERNAROINO - REGlUEST FOR COUNCIL ACTION
Dept: Water
ORiGiNAL
Subject: RESOLUTION GRANTING AN EASEMENT TO
SOUTHERN CALIFORNIA EDISON THROUGH
CERTAIN PORTIONS OF WATER DEPARTMENT
PROPERTY LOCATED AT FOOTHILL AND STERLING
IN ORDER TO PROVIDE ELECTRIC SERVICE TO
EAST VALLEY WATER DISTRICT'S RESERVOIR.
From: Bernard C. Kersey
Date: 5/21/2003
M&CC Meeting Date: 6/16/2003
Synopsis of Previous Council Action:
Recommended motion:
Adopt Resolution
Signature
C-tL U7
Contact person:
Bernard C. Kersev. General Manaoer
Phone:
384-5091
Supporting data attached:
Yes
Ward:
4
FUNDING REQUIREMENTS:
Amount: N/A
Source:(Accl. No.)
(Accl. Description)
Finance:
Council Notes:
\2.t-;'---I:\,c) LCD3 r /~(')
(p /1Il1t3
Agenda Item NO.-.2LJ
75-0262
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Grant of Easement to Southern California Edison through certain
portions of Water Department property at Foothill and Sterling
Background:
The Water Department acquired one hundred and sixty (160) acres of land
lying north of Foothill Boulevard and east of the extension of Sterling
Avenue. The acquisition was accomplished through a land exchange with the
United States Forest Service for land the Water Department owned in Cajon
Pass, commonly known as Lost Lake. Since the acquisition, approximately
twenty (20) acres of the easterly portion of the property was deeded to the
County Flood Control District for flood control purposes for Little Sand
Creek.
The Water Department has a steel water storage reservoir, located on the
southwest corner of the property. Recently, the Water Department permitted
the East Valley Water District to relocate their reservoir on the property
(the reservoir was previously at a different site on the property and was
moved to reduce the potential for seismic impacts to the reservoir).
In order to provide electric service to the East Valley Water District
(EVWD) reservoir and appurtenant facilities, EVWD contacted Southern
California Edison (SCE), which in turn requested a grant of easement for
their lines and other related facilities. As the owner of the property,
the Water Department was contacted by EVWD and asked to grant SCE an
easement and right of way to construct and maintain their electrical
equipment.
The grant of easement provides, among other things, that SCE will
indemnify, hold harmless and defend the Water Department in the event that
their operations cause harm or injury.
The grant of easement is a necessary consequence of allowing EVWD the use
of Water Department property for their reservoir site and should be
executed to facilitate that purpose.
The easement itself is described by way of a plat map and legal description
attached to and incorporated into the grant of easement.
Financial Impact:
None
Recommendation:
Adopt a resolution granting an easement to Southern California Edison
over Water Department property located at Foothill Boulevard and
Sterling Avenue, as more fully described in the grant of easement and
its attachments.
1
~~'fPDY
:'.: ': ::
.. !' :i
RESOLU N" '. . . ,ii.;
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERK CALIFORNIA
EDISON THROUGH CERTAIN PORTIONS OF WATER DEPARTMENT PROPERTY
4 LOCATED AT FOOTHILL AND STERLING IN ORDER TO PROVIDE ELECTRIC
SERVICE TO EAST VALLEY WATER DISTRICT'S RESERVOIR.
S
6 WHEREAS, recently East Valley Water District relocated
7 their reservoir on Water Department property locatej at
8 foothill and Sterling to reduce the potential for seismic
9 impacts to the reservoir; and,
10 WHEREAS, in order to provide electric service to the East
11 Valley Water District reservoir, the Southern California Edison
12 Company requires an easement through the property; and,
13 NOW THEREfORE BE IT RESOLVED that the City of San
14 Bernardino grant an easement to Southern California Edison
15 Company through certain portions of Water Department property
16 located at foothill and Sterling in order to provide electric
17 serVlce to the East Valley Water District reservoir (a copy of
18 said Easement is attached hereto and incorporated herein as
19 Exhibit 1).
20 I I I I I
21 IIIII
22 I I I I I
23 I I I I I
24 I I I I I
2S I I I I I
27
I I I I I
I I I I I
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06/16/2003 Page 1
26
28
1 RSSl'LC':':::ON CF THE r':..;y::m t:.t,D CCHM:J:~ CCt;\CIL C? THE C:::,:"'1 OF SP.:.J BER:.J;'.R:::II~=: GF.J-..::T::::1G r'..,
S.L.SEt>~Et;':' TO S()U':'HE?.': ::::?L:::P)EN:::A S:::':::SC":~ :J-:?:=CG:-! CSP-I;'.::::': ?CF::::ONS OF '...'.r-.jE? 2E:.:"?_':";.::::1':-:-
2 P?CPERTY LC::::.A::::EL) J-..T YOCTriE"L ;'.i.JD S:'E2L::::;:::; ::::-: GR2E? :0 PtzO'v':::DS SI...ECT?,:::':::: SSR'/ICC:: Te
EAST VALLEY WATER 2:::S':"?lCT'S RESE?';~:::R.
3
4
I HEREBY CERTIFY THAT THE FOREGOING resolution was duly
5 adopted by the Mayor and Co~~on Council of the City of San
6 Bernardino at a
meeting thereof held on the
7 day of
, 2003, by the following vote,
8 to wit:
9
COUNCIL MEMBER
AYES
NAYES
ABSTAIN
ABSENT
10 ESTRADA
11 LONGVILLE
12 MCGINNIS
13 DERRY
14 SUl\REZ
15 ANDERSON
16 MCCAMMACK
17
18
19
Rachel G. Clark, Clty Clerk
20
The foregoing resolution is hereby approved this
21 day of
, 2003.
22
23
Judlth Valles, Mayor
City of San Bernardino
24
25 APPROVED AS TO FORM AND
LEGAL CONTENT:
26
27
JAMES
City
F. PENMAN
ttorney
)
28
By:
06/16/2003
Page 2
EXHIBIT 1
RECORDING REQUESTED BY
rYI f5Ys'ORN
FU/SU"" !,\Tt'Ii\-'lTlU,\.1,L el\1l1 ';In\
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
Corporate Real Estate
14799 Chestnut Street
Westminster, CA 92683-5240
Attn: Distribution/TRES
SPACE ABOVE THIS LINE FOR RECOROER'S USE
GRANT OF
EASEMENT
DOCUMENTARY TRANSFER TAX $ NONE (VALUE D'"'''' '0"""" ''''
AND CONSIDERATION LESS THAN $100.00) Redlands 6431-2105 2-2120
seE Company "" APPROVED "
SIG OF DECl..ARANT OR AGENT DETER~INING T>\X FIRM NAME APN 0155-361-22 CORPOAATE SLSIJS 04/21/03
REAl.. EST.....re
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
ergy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the
~ounty of San Bernardino, State ofCalifomia, described as follows:
SEE EXHIBIT "A" A IT ACHED HERETO AND MADE A P ART 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
-operty, The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or
,rfere 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 around 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.
Grantee hereby agrees to save and hold harmless Grantor and its officers or employees from all sums which Grantor or
any of its officers or employees may be obligated to pay by reason of any liability imposed on them to damages arising out of the
performance of the services rendered by Grantee and caused by any error, omission or act of Grantee or any person employed by
him or her or any others for whose acts Grantee is legally liahle. Said sums shall include, in the event of legal action, court costs,
,xpenses of litigation and reasonable anorney's fees.
Grantor hereby agrees to save and hold harmless Grantee and its department, agencies, officers or employees from all
sums which Grantee or any of its departments, agencies, officers, or employees may be obligated to pay by reason of any liability
imposed on them for damages arising oul of the performance of the services rendered by Grantor and cased by any error, omission
or act of Grantor or any person employed by him or her or any others for whose acts Grantor is legally liable. Said sum shall
include, in the event oflega! action, court costs, expenses oflitigation and reasonable anorney's fees.
Grantor reserves the right to use said real property in any manner, provided such use does not interfere with Grantee's
right hereunder. No structures will be erecled within the limits of this easement.
Grantor reserves the right to require Grantee, at the Grantor's expense, to remove and relocate all improvements placed by
Grantee upon said real property, upon determination by Grantor that the same will interfere with future development of Grantee's
property. Within 180 days after Grantor's wrinen notice and demand for removal and relocation of the improvements, Grantee shall
remove and relocale the improvements to feasible location on the property of Grantor, as designated by Grantor and Grantor shall
furnish Grantee with an easement in such new location, on the terms and conditions as herein stated, all without cost to Grantee,
and Grantee thereupon shall reconvey to Grantor the easement herein granted.
o
DSEt)~64~ 17
EXECUTED this _ day of
,2003
GRAll/TOR
CITY OF SAN BERNARDINO,
a Municipal Corporation
SignaDlre
Print Name
Title
SignaDlre
Print Name
Title
COUNTY OF
)
) 55.
)
STATE OF CALIFORNIA
On , 2003, 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 hisiber/their authorized capacities, and that by hisiber/their
signaDlre(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WlTNESS my hand and official seal.
SignaDlre of Notary
COUNTY OF
)
) 55.
)
STATE OF CALIFORNIA
On , 2003, 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
signaDlre(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WlTNESS my hand and official seal.
SignaDlre of Notary
5
DSEU~6Q~]7
Exhibit "A"
Sheet 1 of 2
Legal Description
A strip of land 6 feet wide, situated in the County of San Bernardino, State of California, being a
portion of Section 19, Township 1 North, Range 3 West, San Bernardino Meridian, as per plat
on file in the Government Land Office and a portion of Lot 5, Map of West Highlands, on file in
Book 5 of Maps, Page 77, records of said County, being 3 feet on either side of the following
described line
COMMENCING at the centerline intersection of Sterling Avenue and Foothill Drive (westerly of
Sterling Avenue), as shown on Tract No, 11857, filed in Book 185 of Maps, Pages 42 through
49 Inclusive, records of said County;
thence North 00'32'35" West, 149,33 feet along the prolongation of said centerline of Sterling
Avenue to a point hereinafter referred to as Point "A";
thence South 00'32'35" East, 47,29 feet along said prolongation to the intersection point of said
prolongation of the centerline of Sterling Avenue and the centerline of Foothill Drive (easterly of
Sterling Avenue);
thence South 45'27'05" East, 174,91 feet along said centerline of said Foothill Drive;
thence perpendicular to said last course North 44'32'55" East, 9,10 feet to the POINT OF
BEGINNING;
thence North 36'33'03" West, 62.47 feet;
thence North 41 '31 '23" East, 15,38 feet;
thence North 12'31'36" West, 60,31 feet;
thence North 05'16'09" West, 68,82 feet;
thence North 05'53'19" West, 275,06 feet;
thence North 44'17'51" West, 18.46 feet;
thence North 01'58'55" East, 42,80 feet to the POINT OF TERMINUS;
thence South 89'28'37" West, 48,67 feet a point on the westerly line of Government Lot 6 of
said Section 19, said point being North 00'31'23" West, 354,76' along said westerly line from
aforementioned Point "A",
See sheet 2 of 2 for a plat depicting the above described property,
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): r." ' 1(" Ci3 Item #
Vote: Ayes \- 3 ':;''1 Nays e
I
Change to motion to amend original documents: -
51 Resolution #2DO 3, - I L'1 0
Abstain it Absent ,0
Reso, # On Attachments: --==--- Contract term: -
Note on Resolution of Attachment stored separately: -=---
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Null/Void After:
By: -
"
Date Sent to Mayor: l, - \ '6 -07,
Date of Mayor's Signature: lr - tel-C':;'
Reso_ Log Updated: /
Seal Impressed: .----
Date of ClerklCDC Signature:
(,,-dC; "0':<'
----
See Attached:
See Attached:
See Attached:
Date Returned: ~
Date Memo/Lett~gnature:
60 Day Reminder Letter Sent -;;;;3otfilta).
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & StalTReport Attached: Yes 1
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985,8234,655,92-389): Yes
No By
No -L By
No ~ By
No ~ By
No y_
Copies Distributio:
City Attorney
Parks & Rec_
Code Compliance Dev, Services
Police Public Services Water
EDA
./
Finance
MIS
Others:
Noles:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Conlract Term. etc.)
Ready to File: _
Date:
Revised 01/12/01