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HomeMy WebLinkAbout15-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution authorizing the execution of a temporary easement to City of Dept: Development Services Colton across City owned property located at 2737 W. 2nd Street (Nicholson Park), for Date: November 8, 2006 groundwater monitoring purposes. File No. 15.0213-02 MCC Date: December 4, 2006 Synopsis of Previous Council Action: None. Recommended Motion: Adopt Resolution Valerie C. Ross Contact person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report/Map/Reso/Easement Ward: 6 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A (Acct. Description) Finance: Council Notes: 6`� o1O�� �- Agenda Item No. C /a JJD& i CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution authorizing the execution of a temporary easement to City of Colton across City owned property located at 2737 W. 2nd Street(Nicholson Park), for groundwater monitoring purposes. BACKGROUND: On June 21, 2006, staff received a request from DPRA Inc. on behalf of the City of Colton proposing to install a groundwater monitoring well on property owned by the City of San Bernardino located at 2737 W. 2nd Street in the City of San Bernardino at Nicholson Park. In order to study the nature and extent of perchlorate in the groundwater in the Rialto-Colton Groundwater Basin, up-gradient of the City of Colton, a multi-port groundwater monitoring well is proposed to be installed at this site. Based on previous studies of the Rialto-Colton Groundwater Basin, completed to date, this property appears to be located within the up-gradient perchlorate migration pathway. As part of the development of this well, DPRA, Inc. is drilling and installing the monitoring well at the southwest corner of Nicholson Park, and needs to obtain temporary easements from the City along the southwesterly portion of the park. A map is attached showing the location of the proposed easements. The Parks, Recreation and Community Service Department met with staff and the consultant at the site and have no conflicts with this proposal. Additionally,the Water Department has also indicated no conflict with any of the operations. The drilling operation will take approximately one month to 45 days to complete. Drilling will take place between the hours of lam and 5:30pm Monday through Friday. If noise becomes an issue the Driller is prepared to set up sound barrier walls around the drilling operations to mitigate the noise. A temporary construction easement is also included with the monitoring easement for a period not to exceed 60 days. The groundwater-monitoring program will be implemented for a period of 5 years. The easement will terminate after the 5-year period. The monitoring easement will also include an access easement to the monitoring site. The groundwater well and appurtenances to be placed in the easement will be traffic rated and below ground surface; it will be flush mounted with the surrounding ground surface. Upon termination of the easements, the City of Colton will be required to restore the premises to its previous grade and condition including removal of all appurtenances installed, to the satisfaction of the City of San Bernardino. The attached resolution authorizes the execution of the easement to the City of Colton. The City of Colton will pay recording fees, if any. FINANCIAL IMPACT: None. RECOMMENDATION: Adopt Resolution. I I o N CD CV OZ w -j �LU Co M I w Q - - - - �R MfAN-L - - - - --O c� ---4VE Vc - - - — � � z � � wz Z LU m Wo w C/) (n O w > �330 z w z ct� w O 0 cr 30 25 U) Z � o > LL z 0O a w Q ° a- W O Q:� w c6 ® m Q W v) �- w LU Q CD Q ( > C spa oo U o O LL o > CL O �Ja mw Z ~ �ZO O� ^� 1- w mOY QO �;, lnQ aC°> LL C/) I_C W w U m O O Z m Z o_ fZf^ z w 00 W v! O U c) W CD m n Q i La 1► r O C6 w LO Lij ca z C) ob U N zo z 00 0 ° o m V, J co o z? w WCO mZ � a ° 4U uj U Q o o cr W W Cl) zi W 1z a uj k W w Z zQ w w Cl) c' LL oz� w 2�5 0m�w z Q ° 0 � QZ w .......d:10 J W o to .:o . .�:;. OZ 0 �O OQ ay Z U � Q WW Sc Q � W F—,09 0 cv Z I J 0p° 30 125 Qw COPY 1 2 RESOLUTION NO. 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN EASEMENT TO THE CITY OF COLTON FOR 4 GROUNDWATER WELL CONSTRUCTION AND MONITORING PURPOSES ACROSS 5 CITY OWNED PROPERTY LOCATED AT 2737 W. 2ND STREET (NICHOLSON PARK). 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and 9 directed to execute on behalf of said City, an easement document to the City of Colton for 10 groundwater well construction and monitoring purposes across City owned property located at 11 2737 W. 2"d Street (Nicholson Park), more specifically described in said easement document, a 12 copy of which is attached hereto as Exhibit "1" and made a part hereof. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l / /06 1 l d� 11 09 1AJ 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE 2 EXECUTION OF AN EASEMENT TO THE CITY OF COLTON FOR GROUNDWATER'A'ELL CONSTRUCTION AND MONITORING PURPOSES ACROSS CITY OWNED PROPERTY LOCATED 3 AT 2737 W.2ND STREET(NICHOLSON PARK). 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof 7 held on the day of 20 ,by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER 11 12 BRINKER 13 DERRY 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 19 City Clerk 20 The foregoing resolution is hereby approved this day of , 20 21 22 23 PATRICK J. MORRIS, Mayor City of San Bernardino 24 Approved as to form: 25 /J 26 MES F. PENMAN 27 Oty Attorney 28 11/09/06 2 REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY HALL 300 North"D"Street San Bernardino,CA 92418 APN: 0142-051-13 SPACE ABOVE FOR RECORDER'S USE EASEMENT CITY OF SAN BERNARDINO,a municipal corporation FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, hereby GRANTS to the CITY OF COLTON,a municipal corporation, A TEMPORARY EASEMENT FOR A GROUNDWATER MONITORING WELL AND APPURTENANT FACILITIES OVER,UNDER AND ACROSS the real property in the City of San Bernardino,County of San Bernardino, State of California, described as follows: LEGAL DESCRIPTION ATTACHED AND INCORPORATED HEREIN AS EXHIBIT"A" SAID EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "B" DATE: --- PATRICK J. MORRIS, Mayor of San Bernardino ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA COUNTY OF On _before me, 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 his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature FOR NOTARY STAMP OR SEAL Location: S/W CORNER OF NICHOLSON PARK 2737 W. 2ND STREET File No.: 15.0213-02 EXHIBIT"1" . EXHIBIT "A" LEGAL DESCRIPTION (MONITORING WELL AND TEMPORARY EASEMENTS) THOSE PORTIONS OF THE SOUTH 5 ACRES OF THE EAST ONE-HALF OF LOT 78, OF THE MAP OF THE TOWN OF RIALTO AND ADJOINING SUBDIVISION, AS PER MAP RECORDED JUNE 22, 1887 IN BOOK 4 OF MAPS, PAGE 11, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, FURTHER DESCRIBED AS FOLLOWS. TEMPORARY MONITORING WELL EASEMENT. COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTH 5 ACRES OF THE EAST ONE-HALF OF LOT 78, SAID POINT ALSO BEING THE CENTERLINE OF SECOND STREET; THENCE NORTHERLY ALONG THE WEST LINE OF THE SAID EAST ONE-HALF OF LOT 78, TO THE NORTH LINE OF SECOND STREET, AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 7118, PAGE 108 OF OFFICIAL RECORDS, OF THE SAID COUNTY RECORDER; THENCE EASTERLY ALONG SAID NORTH LINE OF SECOND STREET, A DISTANCE OF 80 FEET, THENCE NORTHERLY, PARALLEL TO THE WEST LINE OF SAID EAST ONE-HALF OF LOT 78, A DISTANCE OF 30 FEET, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG SAID PARALLEL LINE A DISTANCE OF 30 FEET; THENCE EASTERLY, PARALLEL TO SAID NORTH LINE OF SECOND STREET, A DISTANCE OF 40 FEET; THENCE SOUTHERLY, PARALLEL TO SAID WEST LINE, A DISTANCE OF 30 FEET; THENCE WESTERLY, PARALLEL TO SAID NORTH LINE OF SECOND STREET, A DISTANCE OF 40 FEET, TO THE TRUE POINT OF BEGINNING. TEMPORARY NON-EXCLUSIVE ACCESS EASEMENT. COMMENCING AT SAID SOUTHWEST CORNER OF SAID EAST ONE-HALF OF LOT 78, SAID POINT ALSO BEING THE CENTERLINE OF SAID SECOND STREET; THENCE NORTHERLY ALONG SAID WEST LINE OF THE SAID EAST ONE-HALF OF LOT 78, TO SAID NORTH LINE OF SECOND STREET, POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG SAID WEST LINE, A DISTANCE OF 60 FEET; THENCE EASTERLY, PARALLEL TO SAID NORTH LINE OF SECOND STREET, A DISTANCE OF 120 FEET, 1 -_�... IiWNWMr1YMYYMiI�W THENCE SOUTHERLY, PARALLEL TO SAID WEST LINE, A DISTANCE OF 60 FEET, TO A POINT ON SAID NORTH LINE OF SECOND STREET; THENCE WESTERLY ALONG SAID NORTH LINE OF SECOND STREET, A DISTANCE OF 120 FEET, TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE TEMPORARY MONITORING WELL EASEMENT SET FORTH ABOVE. TEMPORARY NON-EXCLUSIVE EASEMENT FOR CONSTRUCTION PURPOSES: COMMENCING AT SAID SOUTHWEST CORNER OF SAID EAST ONE-HALF OF LOT 78, SAID POINT ALSO BEING THE CENTERLINE OF SAID SECOND STREET; THENCE NORTHERLY ALONG THE WEST LINE OF THE SAID EAST ONE-HALF OF LOT 78, TO SAID NORTH LINE OF SECOND STREET, POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG SAID WEST LINE TO THE NORTHWEST CORNER OF SAID SOUTH 5 ACRES OF THE EAST ONE-HALF OF LOT 78; THENCE SOUTHEASTERLY ALONG A STRAIGHT LINE, A DISTANCE OF 245 FEET TO A POINT 218 FEET SOUTH OF AND 110 FEET EAST OF SAID NORTHWEST CORNER OF THE SOUTH 5 ACRES OF THE EAST ONE-HALF OF LOT 78; THENCE SOUTHEASTERLY ALONG A STRAIGHT LINE, A DISTANCE OF 195 FEET, MORE OR LESS, TO A POINT ON SAID NORTH LINE OF SECOND STREET AND A DISTANCE OF 284 FEET FROM SAID WEST LINE OF EAST ONE-HALF OF LOT 78; THENCE WESTERLY ALONG SAID NORTH LINE OF SECOND STREET, A DISTANCE OF 284 FEET, TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM THE TEMPORARY MONITORING WELL AND TEMPORARY ACCESS EASEMENTS SET FORTH ABOVE. 2 z _ EXHIBIT `B" CONDITIONS 1. Said temporary monitoring well easement and temporary access easement shall be for a period of five (5) years from the date of recordation of this document. 2. Said temporary construction easement shall be for a period not to exceed sixty (60) days from the date of recordation of this document. 3. Upon termination of the easements set forth above, Grantee shall restore the premises to its previous grade and condition including removal of all appurtenances installed by Grantee, within sixty(60) days, to the satisfaction of the Grantor. 4. Grantor reserves the right to use said real property in any manner provided such use does not unreasonably interfere with Grantee's rights hereunder. 5. Grantor reserves the right to require Grantee 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 Grantor's property. Within one-hundred-eighty (180) days after Grantor's written notice and demand for removal and relocation of the improvements, Grantee shall remove and relocate the improvements, all without cost to Grantor, to a feasible location on the property of Grantor, as designated by Grantor, provided that Grantor shall grant Grantee with an easement in such new location, on the same terms and conditions as herein stated, and Grantee thereupon shall reconvey to Grantor the easement herein granted. 6. Grantee agrees to use due care in any use of the easement herein granted and in the construction, installation, repair, replacement and maintenance of Grantee's improvements on the easement area as provided for herein so as not to unreasonably disturb Grantor's use of its property. 7. During the entire term of this eas ement Grantee shall maintain comprehensive public, general and automobile liability insurance in the amount of$1,000,000 combined single limit, and shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this easement. The policies shall name the Grantor, and its officials, officers, employees and agents, as an additional insured and shall provide for thirty (30) days written notice to Grantor prior to the termination or alteration of said policies. Grantee shall provide Worker's Compensation Insurance coverage in the amounts required by law. 8. Grantee shall indemnify, defend and hold harmless Grantor, and its officials, officers, employees and agents from any and all claims, liabilities, causes of action, expenses, including attorney's fees, damages to property, injuries to or death of any person or I of 2 persons, and damages of any nature, including but not limited to workers' compensation claims, arising out of or in any way connected to this easement or to the actions, errors or omissions of Grantee, or its officials, officers, employees, agents, or contractors, on or related to the property which is subject to this easement. 9. Acceptance of this easement by Grantee shall constitute Grantee's agreement to the conditions set forth herein. 2of2 I I C) O F- Q N w N z w J ly- CD W Q � - - - - -MERMh4 - - - - - - - - --4VENiUE - - - - -{ - - - - - QQo o � O I Z LU z w ai W o U) ui O w D 330 m 9 z w z 0": w O l Q 30 25 (,0 Z a o < > W J LL w r o Of w m Q u, C/) w w OZZO o > Q C: spa oo U o OOz Z J mw z ¢ Q - ¢ C I— JZO�� a_ w C UQ = QQ`,�o Wu— z w � n CCY QO W ¢ ca LL :)oo O J'W W w U O m 4t Q O 2 J � as z w cn 2 o U cn O Q ('s w CL cn w Q C:) ? C) U c) N 20 o W O �m O 0 CO 0 � O Z ? JO C/) >- Q ZW am UO 0 'Al CL O U W Q m t a N wQ i w �w w c w 0 1Z kN W Q v � i 2 2W W W F 2O W 2q5 0 .•.: � O D; V 2 Q W o _ 0- z ui ui U wo o v M Q CO w W N —,09 Z I W 00 0& 30 125 0 (1)w Cj-UL l UQ QW REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY HALL 300 North"D"Street San Bernardino, CA 92418 APN: 0142-051-13 SPACE ABOVE FOR RECORDER'S USE EASEMENT CITY OF SAN BERNARDINO,a municipal corporation FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,hereby GRANTS to the CITY OF COLTON,a municipal corporation, A TEMPORARY EASEMENT FOR A GROUNDWATER MONITORING WELL AND APPURTENANT FACILITIES OVER,UNDER AND ACROSS the real property in the City of San Bernardino,County of San Bemardino,'State of California, described as follows: LEGAL DESCRIPTION ATTACHED AND INCORPORATED HEREIN AS EXHIBIT"A" SAID EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "B" � DATE: PATRICK J. MORRIS, Mayor of San Bernardino ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA COUNTY OF On before me, 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 his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature I FOR NOTARY STAMP OR SEAL �ocation: S/W CORNER OF NICHOLSON PARK 2737 W. 2ND STREET File No.: 15.0213-02 EXHIBIT "A" LEGAL DESCRIPTION (MONITORING WELL AND TEMPORARY EASEMENTS) THOSE PORTIONS OF THE SOUTH 5 ACRES OF THE EAST ONE-HALF OF LOT 78, OF THE MAP OF THE TOWN OF RIALTO AND ADJOINING SUBDIVISION, AS PER MAP RECORDED JUNE 22, 1887 IN BOOK 4 OF MAPS, PAGE 11, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, FURTHER DESCRIBED AS FOLLOWS: TEMPORARY MONITORING WELL EASEMENT: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTH 5 ACRES OF THE EAST ONE-HALF OF LOT 78, SAID POINT ALSO BEING THE CENTERLINE OF SECOND STREET; THENCE NORTHERLY ALONG THE WEST LINE OF THE SAID EAST ONE-HALF OF LOT 78, TO THE NORTH LINE OF SECOND STREET, AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 7118, PAGE 108 OF OFFICIAL RECORDS, OF THE SAID COUNTY RECORDER, THENCE EASTERLY ALONG SAID NORTH LINE OF SECOND STREET, A DISTANCE OF 80 FEET; THENCE NORTHERLY, PARALLEL TO THE WEST LINE OF SAID EAST ONE-HALF OF LOT 78, A DISTANCE OF 30 FEET, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG SAID PARALLEL LINE A DISTANCE OF 30 FEET, THENCE EASTERLY, PARALLEL TO SAID NORTH LINE OF SECOND STREET, A DISTANCE OF 40 FEET; THENCE SOUTHERLY, PARALLEL TO SAID WEST LINE, A DISTANCE OF 30 FEET; THENCE WESTERLY, PARALLEL TO SAID NORTH LINE OF SECOND STREET, A DISTANCE OF 40 FEET, TO THE TRUE POINT OF BEGINNING. TEMPORARY NON-EXCLUSIVE ACCESS EASEMENT: COMMENCING AT SAID SOUTHWEST CORNER OF SAID EAST ONE-HALF OF LOT 78, SAID POINT ALSO BEING THE CENTERLINE OF SAID SECOND STREET; THENCE NORTHERLYALONG SAID WEST LINE OF THE SAID EAST ONE-HALF OF LOT 78, TO SAID NORTH LINE OF SECOND STREET, POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG SAID WEST LINE, A DISTANCE OF 60 FEET, THENCE EASTERLY, PARALLEL TO SAID NORTH LINE OF SECOND STREET, A DISTANCE OF 120 FEET; 1 THENCE SOUTHERLY, PARALLEL TO SAID WEST LINE, A DISTANCE OF 60 FEET, TO A POINT ON SAID NORTH LINE OF SECOND STREET, THENCE WESTERLY ALONG SAID NORTH LINE OF SECOND STREET, A DISTANCE OF 120 FEET, TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE TEMPORARY MONITORING WELL EASEMENT SET FORTH ABOVE. TEMPORARY NON-EXCLUSIVE EASEMENT FOR CONSTRUCTION PURPOSES: COMMENCING AT SAID SOUTHWEST CORNER OF SAID EAST ONE-HALF OF LOT 78, SAID POINT ALSO BEING THE CENTERLINE OF SAID SECOND STREET; THENCE NORTHERLY ALONG THE WEST LINE OF THE SAID EAST ONE-HALF OF LOT 78, TO SAID NORTH LINE OF SECOND STREET, POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG SAID WEST LINE TO THE NORTHWEST CORNER OF SAID SOUTH 5 ACRES OF THE EAST ONE-HALF OF LOT 78; THENCE SOUTHEASTERLY ALONG A STRAIGHT LINE, A DISTANCE OF 245 FEET TO A POINT 218 FEET SOUTH OF AND 110 FEET EAST OF SAID NORTHWEST CORNER OF THE SOUTH 5 ACRES OF THE EAST ONE-HALF OF LOT 78; THENCE SOUTHEASTERLY ALONG A STRAIGHT LINE, A DISTANCE OF 195 FEET, MORE OR LESS, TO A POINT ON SAID NORTH LINE OF SECOND STREET AND A DISTANCE OF 284 FEET FROM SAID WEST LINE OF EAST ONE-HALF OF LOT 78; THENCE WESTERLY ALONG SAID NORTH LINE OF SECOND STREET, A DISTANCE OF 284 FEET, TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM THE TEMPORARY MONITORING WELL AND TEMPORARY ACCESS EASEMENTS SET FORTH ABOVE. 2 i AOM%k _ EXHIBIT "B" CONDITIONS 1. Said temporary monitoring well easement and temporary access easement shall be for a period of five (5) years from the date of recordation of this document. 2. Said temporary construction easement shall be for a period not to exceed sixty (60) days from the date of recordation of this document. 3. Upon termination of the easements set forth above, Grantee shall restore the premises to its previous grade and condition including removal of all appurtenances installed by Grantee, within sixty(60) days, to the satisfaction of the Grantor. 4. Grantor reserves the right to use said real property in any manner provided such use does not unreasonably interfere with Grantee's rights hereunder. 5. Grantor reserves the right to require Grantee 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 Grantor's property. Within one-hundred-eighty (180) days after Grantor's written notice and demand for removal and relocation of the improvements, Grantee shall remove and relocate the improvements, all without cost to Grantor, to a feasible location on the property of Grantor, as designated by Grantor, provided that Grantor shall grant Grantee with an easement in such new location, oil the same terms and conditions as herein stated, and Grantee thereupon shall reconvey to Grantor the easement herein granted. 6. Grantee agrees to use due care in any use of the easement herein granted and in the construction, installation, repair, replacement and maintenance of Grantee's improvements on the easement area as provided for herein so as not to unreasonably disturb Grantor's use of its property. 7. During the entire term of this easement, Grantee shall maintain comprehensive public, general and automobile liability insurance in the amount of$1,000,000 combined single limit, and shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this easement. The policies shall name the Grantor, and its officials, officers, employees and agents, as an additional insured and shall provide for thirty (30) days written notice to Grantor prior to the termination or alteration of said policies. Grantee shall provide Worker's Compensation Insurance coverage in the amounts required by law. 8. Grantee shall indemnify, defend and hold harmless Grantor, and its officials, officers, employees and agents from any and all claims, liabilities, causes of action, expenses, including attorney's fees, damages to property, injuries to or death of any person or 1 of 2 t persons, and damages of any nature, including but not limited to workers' compensation claims, arising out of or in any way connected to this easement or to the actions, errors or omissions of Grantee, or its officials, officers, employees, agents, or contractors, on or related to the property which is subject to this easement. 9. Acceptance of this easement by Grantee shall constitute Grantee's agreement to the conditions set forth herein. 2 of 2 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: December 8, 2006 TO: Ryan Sandoval, Development Services FROM: Sandra Medina, Assistant to the City Clerk RE: Transmitting Documents for Signature—Resolution 2006-422 At the Mayor and Common Council meeting of December 4, 2006, the City of San Bernardino adopted Resolution No. 2006-422 — Resolution of the City of San Bernardino authorizing and directing the execution of an easement to the City of Colton for groundwater well construction and monitoring purposes across City owned property located at 2 73 7 W. 2nd Street (Nicholson Park). Attached is the original grant deed executed and notarized by the Mayor. Please forward a copy of the conformed document upon recording. If you have any questions or need further assistance, please contact Margaret Fedor at x3206. Thank Y ou, Sandra Medina Assistant to the City C lerk By: Linda E. Hartzel Deputy City Clerk I hereby acknowledge receipt of the above mentioned documents. Signed: --,, Date: 418' Please sign and return �t� REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY HALL 300 North"D"Street San Bernardino.CA 92418 APN: 0142-051-13 SPACE ABOVE FOR RECORDER'S USE EASEMENT CITY OF SAN BERNARDINO,a municipal corporation FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,hereby GRANTS to the CITY OF COLTON,a municipal corporation, A TEMPORARY EASEMENT FOR A GROUNDWATER MONITORING WELL AND APPURTENANT FACILITIES OVER,UNDER AND ACROSS the real property in the City of San Bernardino,County of San Bernardino, State of California,described as follows: LEGAL DESCRIPTION ATTACHED AND INCORPORATED HEREIN AS EXHIBIT"A" SAID EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS ATTACHED AND INCORPORATED HEREIN AS EXHIBIT"B" DATE: December 7, 2006 P . ORRIS, n Bernard ino ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA COUNTY OF San Bernardino On December 7, 2006 before me, David M. Gutierrez personally appeared Patrick J. Morris personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(t whose name(30 is/xx subscribed to the within instrument and acknowledged to me that he/j&-J,4k executed the same in his/bff/jd)6( capacity{ ), and that by his/:kgj*bLq�r signature(fo on the instrument the person(K), or the entity on behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. Signature FOR�Q Location: S/W CORNER OF NICHOLSON PARK No DAVID M. GUTMRREZ 2737 W. 2 STREET A' Com mission 0 1671903 r s ► livary F jo:!c —CaAtcrnlra File No.: 15.0213-02 �'`` Smn Ben erClno County