HomeMy WebLinkAbout17-Water Department
. CITY OF SAN BERNARDINO - REGUEST FOR COUNCIL ACTION
From: Bernard C. Kersey, General Manager
Subject: Revised Utility Replacement and Easement
Exchange Agreement with East Valley Water District for
Plant 37 Relocation Project
Dept: Water
Date: August 20, 2001
Or'
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Synopsis of Previous Council Action:
None
Recommended motion:
Approve Agreement and Easements
Contact person: Bernard C. Kersev. General Manaaer
Phone:
384-5091
SuPportin9 data attached:
Yes
Ward:
First
FUNDING REQUIREMENTS:
Amount: N/A
Source:(Accl. No.) Water Department
(Accl. Description)
Finance:
Council Notes:
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Agenda Item No. 17
75-0262
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Revised Utility Replacement and Easement Exchange Agreement with
East Valley Water District for Plant 37 Relocation Project.
Background:
East Valley Water District had proposed and the Board of Water
Commissioners approved an agreement entitled "Utility Replacement
and Easement Exchange Agreement." The Board approved the
agreement and required California Environmental Quality Act
Notice of Determination on March 6, 2001. The purpose of the
agreement was to grant the East Valley Water District a new
easement for the placement of a water storage reservoir on city
owned property located in the vicinity of Foothill and Sterling.
Subsequent to the Board's approval, the agreement and proposed
easements were submitted to the Development Services Department
for review and for submission of the agreement and easement to
the Mayor and Common Council. In the review process, several
changes were requested to the types of easements and the legal
descriptions.
A revised agreement has been prepared and reviewed by all
parties. The revised agreement has been amended to reflect that
the City of San Bernardino will grant three separate easements to
the East Valley Water District:
~ The first easement is non-exclusive and provides the East
Valley Water District access and rights to install facilities
through an area that we currently use, from Foothill and
Sterling up to where their exclusive easement starts.
~ The second easement is a temporary construction easement.
~ The third is an exclusive easement that covers their roads and
reservoir site. This legal description has been revised to
include all of the slopes adjacent to their roads and
reservoir site.
The Board of Water Commissioners approved the subject agreement
on August 7, 2001.
Financial Impact:
None
Recollllllendation:
It is recommended that the revised Utility Replacement and
Easement Exchange Agreement between the City of San Bernardino,
the City of San Bernardino Municipal Water Department and East
Valley Water District be approved.
~(gil?V
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RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO APPROVING A UTILITY REPLACEMENT AND EASEMENT
EXCHANGE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, THE CITY
4 OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT AND EAST VALLEY
WATER DISTRICT.
5
6
WHEREAS, In or about 1957, East Valley Water District
7 constructed and operate a reservoir and pump station known as
8 Plant 37 on property from the United States Forest Service
9 through a special use permit; and,
10 WHEREAS, the city obtained title to the plant 37 property
11 through a property exchange agreement with the United States
12 Forest Service, while East Valley Water District still owned
13 and operated plant 37; and,
14
WHEREAS, it has been determined that Plant 37 is located
e 15 on an earthquake subfault and should be relocated for safety
16 reasons; and
17 WHEREAS, East Valley Water District desires to construct a
18 four million-gallon potable water reservoir to replace Plant 37
19 on an alternative site owned by the city; and
20
WHEREAS,
in order to effectuate East Valley Water
21 District's move from the old site to the alternate site, a
22 grant of easement conveying an irrevocable easement on the
23 alternate site to East Valley Water District must be executed.
24
NOW THEREFORE BE IT RESOLVED that the City of San
25 Bernardino enter into and approve a Utility Replacement and
26 Easement Exchange Agreement with the City of San Bernardino,
27 which Agreement
is attached hereto as Exhibit
"A"
and
e
28 incorporated herein by reference.
8/20/01
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Ylo , 11
Q/1/0(
13 SCHNETZ
14 SUAREZ
~ 15 ANDERSON
16 MCCAMMACK
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A
UTILITY REPLACEMENT AND EASEMENT EXCllANGE AGREEMENT BETWEEN THE CITY OF SAN
2 BERNARDINO, THE CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT AND EAST VALLEY
WATER DISTRICT.
3
4 I HEREBY CERTIFY THAT THE FOREGOING resolution was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a
meeting thereof held on the
2001, by the following vote,
7
day of
8 to wit:
9
~
ABSTAIN
NAYES
COUNCIL MEMBER
ABSENT
10 ESTRADA
11 LIEN
12 MCGINNIS
18
19
Rachel G. Clark, City Clerk
20
The foregoing resolution is hereby approved this
, 2001.
day
21 of
22
23
Judith Valles, Mayor
City of San Bernardino
24
25 APPROVED AS TO FORM AND
LEGAL CONTENT:
26
27
JAMES F. PENMAN
City Attorney
ByJ- '1 ~
28
8/20/01
-2-
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tlTILITY REPLAl'RM1lN'I' AND
BASBMBNT BXC"RlI.l\1n'R lI.~R"RMRN'I'
THIS AGREEMENT is made this 24th day of July, 2001, by and
among the CITY OF SAN BERNARDINO, a nnmicipal corporation, the CITY
OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT, and the EAST VALLEY
WATER DISTRICT, a public agency (hereinafter "East Valley") .
RECITALS
A. The City of San Bernardino (hereinafter "the City") is a
charter city organized and existing under the laws of the State of
California and located within the County of San Bernardino. The
City provides water and sewer service to residential, commercial,
and industrial properties within its jurisdictional boundaries
through its Municipal Water Department which is governed by the
City's Board of Water Commissioners.
B. East Valley is a county water district organized and
operating pursuant to California Water Code Section 30000 et seq.,
and provides water and sewer service to residential, commercial,
and industrial properties within various incorporated and
unincorporated areas of the County of San Bernardino.
C. On or about August 5, 1955, East Valley obtained from the
United States Forest Service (hereinafter "USFS") a Special Use
Permit for reservoir purposes on approximately four (4) acres of
real property located in the County of San Bernardino, State of
California, which is more particularly described in Exhibit "A"
attached hereto and incorporated herein by this reference
(hereinafter "Parcel A").
Pursuant to the authority granted
therein, in or about 1957 East Valley completed construction and
began operation of a reservoir and pump station known as Plant 37
on Parcel A.
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D. The City subsequently obtained title to Parcel A as part
of a property exchange agreement entered into with the USFS. Under
the terms of said transaction, the City was required to record an
easement deed for reservoir use on Parcel A which would allow East
Valley to continue to operate Plant 37 thereon. Accordingly, on or
about October 4, 1972, the City adopted Resolution No. 11182
approving a document entitled "Grant of Easement" wherein the City
conveyed to East Valley an easement to construct, use, maintain,
alter, add to, repair, replace, and/or remove pipeline or
pipelines, add additional reservoirs, pumping stations, and access
roads together with all necessary appurtenances over, under,
through, and across Parcel A (hereinafter "the Easement"). A true
and correct copy of the Easement is attached hereto as Exhibit "B"
and is incorporated herein by this reference.
E. Pursuant to the terms of the Easement, East Valley owns
and operates Plant 37 on Parcel A. However, it has recently been
determined that Plant 37 is located on an earthquake subfault of
the southerly trace of the San Andreas Fault and should be
relocated for safety reasons.
F. East Valley desires to construct a four million gallon
potable water reservoir to replace Plant 37 (hereinafter "the
project") on a site owned by the City that is located approximately
1,500 feet northerly of Parcel A (hereinafter "Parcel B"). The
details of the Project were documented in the Initial Study
prepared therefor which resulted in the adoption of a Mitigated
Negative Declaration by East Valley in or about January of 2000.
2
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G. The legal descriptions and maps depicting the proposed
location of the permanent easements for the proj ect are included in
the documents attached hereto as Exhibits "C" and "D" which are
incorporated herein by this reference (hereinafter "the Permanent
Easements"). A legal description and map depicting the proposed
location of the temporary easement for the project is included in
the document attached hereto as Exhibit "E" which is incorporated
herein by this reference (hereinafter "the Temporary Easement") .
H. The purpose of this Agreement is to set forth the terms
and conditions under which the parties hereto will cooperate in the
Project.
I{"-"
COVENANTS
NOW THEREFORE, in consideration of the preceding Recitals and
. the mutual Covenants contained herein, the parties hereto agree as
follows:
Section 1. RELOCATION.
Section 1.1. Parcel B. Upon execution of this
Agreement, the City shall execute the easement grants attached
hereto as Exhibits "C," "D," and "E." Such interests shall be
conveyed free and clear of all liens for taxes and assessments not
yet payable and of all easements and encumbrances not previously
approved by East Valley. Thereafter, East Valley shall proceed
with the construction of the Project on Parcel B and the exercise
of its easement rights thereon.
Section 1.2. Parcel A. Upon East Valley's final
acceptance of completion of the Project, East Valley shall proceed
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with the demolition of Plant 37, the restoration of Parcel A to its
prior condition to the extent reasonably practicable, and the
subsequent reconveyance of the Easement to the City.
Section 1.3. prenaration of Documents. All deeds, legal
descriptions, maps, and other documents necessary to effectuate the
transfer of property interests in accordance with the terms of this
Agreement shall be prepared by East Valley.
Section 2. INSURANCE. upon the City's conveyance of the
property interests set forth in Section 1.1 of this Agreement, East
Valley shall maintain insurance on Parcel B as described below:
Section 2.1. Coverage. Comprehensive general liability
insurance, or equivalent form, with a combined single limit of not
less than $1,000,000 per occurrence. Such insurance shall name the
City of San Bernardino Municipal Water Department and the City of
San Bernardino as additional insureds.
Section 2.2. Certificates. East Valley shall furnish
the City with properly executed certificates of insurance which
clearly evidence the coverage required by Section 2.1 of this
Agreement and provide that such insurance will not be materially
changed, terminated, or allowed to expire except on thirty (30)
days' prior written notice to the City.
Section 3. INDEMNIFICATION. East Valley agrees and promises
to indemnify, defend, and hold harmless the City, its Municipal
Water Department, and their officers, employees, and agents, from
and against all actions, claims, demands, lawsuits, and liability
for damages to persons or property that may be asserted or claimed
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by any person, firm, entity, corporation, political subdivision, or
other organizations arising out of any negligent act, omission, or
willful misconduct by East Valley in connection with East Valley's
performance of this Agreement.
Section 4. NOTICES. Any notice, tender, or delivery to be
given hereunder by either party to the other shall be effected by
personal delivery in writing or by registered or certified mail,
postage prepaid, return receipt requested, and shall be deemed
communicated as of mailing or in the case of personal delivery, as
of actual receipt. Mailed notices shall be addressed as set forth
below, but each party may change its address by written notice in
accordance with this section.
City of San Bernardino
Municipal Water Department
300 N. "0" Street
San Bernardino, CA 92418
Attn: Stacey R. Aldstadt
Deputy General Manager
If to East Valley: East Valley Water District
1155 Del Rosa Avenue
P.O. Box 3427
San Bernardino, CA 92413
Attn: Robert E. Martin
General Manager
If to the City:
Section 5.
ATTORNEYS FEES.
If a dispute or controversy
arises regarding the breach or enforcement of this Agreement which
is not resolved informally by mutual agreement of the parties
hereto, the prevailing party in any subsequent action, claim, or
lawsuit that is filed shall be entitled to recover all attorneys
fees or other costs actually incurred in connection therewith. In
any action brought, the entitlement to recover attorneys fees and
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costs will be considered an element of costs and not of damages.
Section 6. INUREMENT. This Agreement and all provisions
.hereof shall be jointly and severally binding upon, and inure to
the benefit of, the parties hereto and their respective heirs,
successors, legal representatives, and assigns.
Section 7. ASSIGNMENT. This Agreement may not be assigned to
any individual or entity without the written consent of the parties
hereto.
Section 8. INTEGRATION AND AMENDMENT. This Agreement
constitutes the entire understanding of the parties hereto with
respect to the subject matter hereof and supersedes any and all
prior agreements, w~ether oral or written, between the parties in
connection therewith. This Agreement may not be amended unless in
writing and signed by the parties hereto.
Section 9. CAPTIONS. The captions of sections and
subsections of this Agreement are for reference only and are not to
be construed in any way as a part of this Agreement.
Section 10. INTERPRETATION AND ENFORCEMENT. This Agreement
shall not be construed against the party preparing it, but shall be
construed as if both parties jointly prepared this Agreement and
any uncertainty or ambiguity contained herein shall not be
interpreted against anyone party. Failure by either party to
enforce any provision of this Agreement, or any waiver thereof by
such party, shall not constitute a waiver of said party's right to
enforce subsequent violations of the same or any other terms or
conditions herein. This Agreement shall be enforced and governed
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by and under the laws of the State of California, and venue for any
action brought to interpret andlor enforce any provision of this
Agreement shall be in a state or federal court located in the State
of California with in rem jurisdiction over Parcel A and Parcel B.
Section 11. COUNTERPARTS. This Agreement may be signed in
counterparts, each of which shall constitute an original, but all
of which together shall be one and the same document.
Section 12. TIME OF THE ESSENCE. Time is of the essence in
this Agreement and each and every provision thereof.
Section 13. AtITHORITY. Each individual executing this
Agreement on behalf of a party hereto represents and warrants that
they are fully and duly authorized and empowered to so execute on
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behalf of such party.
IN WITNESS WHEREOF, the
Agreement to be executed by
date first above written.
parties hereto have caused this
their respective officers as of the
CITY OF SAN BERNARDINO EAST VALLEY WATER DISTRICT
BOARD OF WATER COMMISSIONERS BOARD OF DIRECTORS
Commissio Toni Callicott for
BY.~~
. Stacey Aldstadt
Secretary
MAYOR AND COMMON COUNCIL
By:
Judith Valles
Mayor
By:
Rachel G. Clark
City Clerk
By: ~R~
Glenn R. Lig oot
President
BY'~~
Secretary
OFFICE OF THE CITY ATTORNEY
Approved as to Form and Legal Content:
mes F. Penman
ity Attorney
BRUNICK, ALVAREZ & BATTERSBY
~> ~
By . - ( '^-- .
~n M. Kennedy . .
General Counsel
8
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STA:rE OF' CALIFORNiA' ',,)"
.. COm."IY OF SAN :SnNA..1UlINO y' .
,.cm OF SAN BERNARDINO' ).
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I, Lucilie Goforth;' City 'Clerk in and for the City of San Ber-
hereby ~~t;~~; -~~~:'~~e' ~~r~g;i~ ~so'~utiOn: No~ ii;~ ;- is
'nardino,
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a full, true and correct ,copy' of that now o~, file, iE:l this office.
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IN WITNESS mUOF'i: have hereunto: set my hand: and aff~~:hh/. /
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(".. '!\."~' ':. . ~ ~ \\~.;. City Clerk
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gRANT OF EASEMENT
FOR VALUABLE CONSIDERATION. receipt of which is hereby
acknowl~dged, and pursuant to resolution, regular1y'~dcpted by the
City of CouncU of the City of San Bern~rdino, duly:. authorizing the same,
. the CITY 'OU~WAROINO, ~ Muni~ipal Corpo;~ti~n, (GRANTOR)
, does .h~rebY.iu.m, ba~~in..sell ~~d 'cOnvey to .the ~:ih~ BE~.w~O .
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. '.' . C~WA.n:B..DIS~.a 9o~nty Y(ater Distrlct;.'its successors and
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. assigns, as (GRANTEE)': ~r{easementfoz: th~ right to construct. use,
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.rpaintain', alter, add to, .repa..ir, replac.e a~dior re~ove pipeline Qr pipe-
lines, add addi~ional teservolrs, pu~ping stations, and access .roads
. .' ...... .',
together with all ~ecessary appurtenances over, under, through and
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across the real property located in the ~unty of San ~mardin?,:Scate of
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Gilifornia, more"particularly deScrlbed a~follows':. : :'" ".>.::: ';. ,.
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'That portion of Gov~mment Lot 6; Northwest one-:quarter,"
Section 19, :~ownship 1 North. R&nge.3 West, San Bernardino
. Base and Meridian, according to United Scates Government
Survey, more particularly described as follows: . . .'
. ,.~ . .
,
Commencing at the Southwest'.comer'of said Northwest one- >- ':. '.
quarter of Section 19; th~nce, ~sterly along the South line I~-:'.J" \
of the saId Northwest olle-quarter of Section 19; 75.00 feet to f;( t. .. I
the True Point of Be~ning: thence, continuing Easterly along i.a Il';/-/'V l
said South line of the Northwest one-quarter of Section 19. \ If 'I ~ i
410,00 feet; thence, Northerly and parallel with the West line .... ,A."'~'
of the said Northwest one-quarter of Section 19, 425.00 feet: --
thence, Westerly and parallel with the said South line of the
Northwest one-quarter of Section 19, 410.00 feet: . thence,
Southerly and parallel with the said West line of the Northwest
one-quarter of Section 19, 425.00 feet to the True Point of. '.
Beginning. EXCEPT that portion within Foothnl Drive. .
n:r WITNESS $WHE EOF '. the Grantor has executed this illStrument
this :i!!:.'daY of --,7%4/,("/, 191Z...- -' .
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RALPH H. PRINCE, City Attomey -I:
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STATE OF CALIFORNL6. . )
~OUNTY OF-SAN BERNARDINO ~ SS
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. On tf?(t1'/-tt-'.6.er.?' .:..-, 197 '}/, before me, the undersigned,
a Notary Public in. and for the said County and State, personally appeared
fA!~. /h; MlJmi.. ,k!1own to'me to be the' Mayor, and
2.;Q //6 (4 rl!')/7t7 . , known to me to be. th~"7City Clerk of
the. City of San Bernardino, a Municipal Corporation, the MU~ic:ipal Corpor-
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executed. the within Instrument, on' behalf of the s'aid Municipal Corporation
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herein named, .and' acknowledged to me that 'such ~~nicipal Co~ratioi1 exec-
utedthe.WifuinInstruinentp.lI:I-suant toar~sOlu~~~ ~f its.'Gov~~ing BOard
duly authorizing. the execution thereOf.
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WITNESS myhan.d and'official seaL .. . .
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". - . ..: Notary Public in and for said County.
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. ~ HERBERT B. WESSEL'
. . ~:> .' NOTAIlY 1>U'~IC:'CA~..j:ClIlNIA
'" '. '!.~. . SAN 8ER.'lAROINO 'COUNTY
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ST SAN BERNARDINO ~UNTY WATER OIS!RICT: 1155 DEL .ROSA II<
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An'. E.as~menf ler Pipe/inei;Resuvrilrs,: :: :'. '.:' . .'
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Recorded at the request of:
EAST VALLEY WATER DISTRICT
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When recorded, mail to:
East Valley Water District
1155 Del Rosa Avenue
P.O. Box 3427
San Bernardino, CA 92413
Attn: Robert E. Martin
General Manager
Document Transfer Tax $ None
(Exempt - Chapter 1108 Statute 1969)
PERMANENT NON-EXCLUSIVE EASBMBN'l' GRANT
BY THIS INDENTURE, the CITY OF SAN BERNARDINO (hereinafter
referred to as the "Grantor"), for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, does
hereby grant, bargain, sell, and convey unto the EAST VALLEY WATER
DISTRICT, a public agency (hereinafter referred to as the
"Grantee"), its successors and assigns, a perpetual, permanent, and
non-exclusive easement hereinafter described, to construct,
reconstruct, remove, replace, alter, add to, repair, maintain,
operate, and use, one or more roads, wells, tanks, reservoirs,
pipelines, vaults, and pumping and/or chlorinating stations,
together with braces, connections, fastenings, communication lines,
electric power cables, telemetry systems, and other appliances,
appurtenances, and fixtures in connection therewith or appurtenant
thereto, for the production, storage, treatment, transmission, and
distribution of water and electric power on, under, along, above,
and across that certain real property located in the County of San
Bernardino, State of California, and described and depicted on the
legal description and map attached hereto as Exhibit "1" and by
this reference made a part hereof.
This grant shall carry with it the right to excavate, inspect,
and store materials on the site of the easement, install fencing
and use the gates on and around the perimeter of the easement, mark
the location of said easement by suitable markers set and
maintained in the ground at locations deemed necessary by Grantee,
use such lands of the Grantor adjacent to either side of the
easement as may reasonably be required by Grantee in connection
with the exercise of the rights granted herein, and the right of
ingress to and egress from the said easement across all access
roads and the lands of the Grantor for all purposes useful or
convenient in connection with or incidental to the exercise and
enjoyment of the rights herein granted.
Exhibit "CO
1
.
.
.
TO HAVE AND TO HOLD the above-described rights and easement
unto the Grantee, its successors and assigns, for as long as
Grantee desires to exercise the same, and Grantee may assign the
rights and easement herein granted, either in whole or in part,
subject to the terms of this grant.
Any wells, tanks, pipelines, cables, and other structures and
appurtenances installed and constructed pursuant to this easement
shall at all times remain the property of Grantee notwithstanding
that the same may be annexed or affixed to the freehold, and shall
at any time and from time to time be removable, in whole or in
part, by Grantee and its successors or assigns.
Grantor agrees to notify Grantee of any prospective use across
said easement and to coordinate with Grantee the installation of
any future facilities within and/or otherwise affecting said
easement.
Grantor represents, covenants, and warrants that the
undersigned which is/are shown on record in said County as owners
in fee simple of the lands hereinabove described are indeed the
owners of such fee simple title, subject only to outstanding
encumbrances, if any, now on record in said County_
IN WITNESS WHEREOF, these presents are hereby signed this
day of , 20____-
GRANTOR:
City of San Bernardino
(Attach Notary Certificate)
Exhibit "CO
2
.
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EXHIBIT "1"
Sheell of 3
Legal Description
(South Permanent Non-Exclusive Easement)
In the County of San Bernardino, State of California, being a portion of Government Lot 6,
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, described as follows:
COMMENCING at the centerline intersection of Sterling Avenue and Foothill Drive westerly, as
shown on Tract No. 11857, filed in Book 185 of Maps, Pages 42 through 49 inclusive, records of
said County; thence North 00032'35" West, 149.33 feet along the centerline of said Sterling
Avenue to the intersection of the north line of Muscupiabe Rancho and said centerline of
Sterling Avenue as shown on Tract Map No. 11857, filed in Book 185, pages 42 through 49,
inclusive, of said Tract Maps, records of said County, said point being on the southerly
projection of the west line of said Government Lot 6;
thence along said west line and its southerly projection, North 00031'23" West, 504.71 feet to
the TRUE POINT OF BEGINNING;
thence North 80033'09" East, 48.47 feet;
thence South 61040'21" East, 14.14 feet;
thence North 53044'29" East, 121.50 feet;
thence South 79040'14" East, 16.69 feet;
thence South 54040'34" West, 113.76 feet to the beginning of a curve, concave northeasterly,
having a radius of 71.00 feet;
thence along said curve, an arc length of 189.29 feet, through a central angle of 152045'17";
. thence non-tangent to said curve, South 00000'00" West, 446.44 feet;
thence South 39048'00" East, 59.78 feet;
thence South 49018'36" West, 50.89 feet to a point on the northerly line of Foothill Drive, said
point being distant 179.27 feet southeasterly measured along said northerly line from the
intersection of said FoothiD Drive easterly and said Sterling Avenue;
thence along said northerly line, North 45027'05" West, 105.20 feet;
thence North 44029'03" East, 35.50 feet;
thence North 06003'03" West, 331.81 feet;
thence South 89028'40. West, 45.46 feet to a point on said west line of Government Lot 6, said
point being distant 220.76 feet southerly measured along said west line from the TRUE POINT
OF BEGINNING;
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Sheet 2 of 3
thence along said west line, North 00031'23" West, 220.76 feet to the TRUE POINT OF
BEGINNING.
See sheet 3 of 3 for a plat depicting the above described property.
The land herein described contains 1.23 acres.
direction, in conformance with the
son mblorski, L.S. 4430
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Recorded at the request of:
EAST VALLEY WATER DISTRICT
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I
When recorded, mail to:
East Valley Water District
1155 Del Rosa Avenue
P.O. Box 3427
San Bernardino, CA 92413
Attn: Robert E. Martin
General Manager
Document Transfer Tax $ None
(Exempt - Chapter 1108 Statute 1969)
PBRMANBNT EXCLUSIVE EASBMBNT GRANT
BY THIS INDENTURE, the CITY OF SAN BERNARDINO (hereinafter
referred to as the "Grantor"), for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, does
hereby grant, bargain, sell, and convey unto the EAST VALLEY WATER
DISTRICT, a public agency (hereinafter referred to as the
"Grantee"), its SUCcessors and assigns, a perpetual, permanent, and
exclusive easement hereinafter described, to construct,
reconstruct, remove, replace, alter, add to, repair, maintain,
operate, and use, one or more roads, wells, tanks, reservoirs,
pipelines, vaults, and pumping and/or chlorinating stations,
together with braces, connections, fastenings, c01lUllUnication lines,
electric power cables, telemetry systems, and other appliances,
appurtenances, and fixtures in connection therewith or appurtenant
thereto, for the production, storage, treatment, transmission, and
distribution of water and electric power on, under, along, above,
and across that certain real property located in the County of San
Bernardino, State of California, and described and depicted on the
legal description and map attached hereto as Exhibit "1" and by
this reference made a part hereof.
This grant shall carry with it the right to excavate, inspect,
and store materials on the site of the easement, install fencing
and use the gates on and around the perimeter of the easement, mark
the location of said easement by suitable markers set and
maintained in the ground at locations deemed necessary by Grantee,
use such lands of the Grantor adjacent to either side of the
easement as may reasonably be required by Grantee in connection
with the exercise of the rights granted herein, and the right of
ingress to and egress from the said easement across all access
roads and the lands of the Grantor for all purposes useful or
convenient in connection with or incidental to the exercise and
enjoyment of the rights herein granted.
Exhibit "0"
1
.
e
e
TO HAVE AND TO HOLD the above-described rights and easement
unto the Grantee, its successors and assigns, for as long as
Grantee desires to exercise the same, and Grantee may assign the
rights and easement herein granted, either in whole or in part,
subject to the terms of this grant.
Any wells, tanks, pipelines, cables, and other structures and
appurtenances installed and constructed pursuant to this easement
shall at all times remain the property of Grantee notwithstanding
that the same may be annexed or affixed to the freehold, and shall
at any time and from time to time be removable, in whole or in
part, by Grantee and its successors or assigns.
Grantor reserves the right to full use and enjoyment of said
premises, except for the purposes herein granted, provided that
such use and enjoyment shall not hinder, conflict, or interfere
wi th the exercise of Grantee's rights hereunder, and that no
excavation, building, structure, or obstructions shall be
constructed on the said easement without Grantee's written consent.
Grantor shall be solely responsible for the payment of any and all
costs associated with the replacement or restoration of any
excavation, building, structure, or obstruction that is damaged or
destroyed as a result of Grantee's reasonable exercise of the
rights granted herein.
Grantor represents, covenants, and warrants that the
undersigned which is/are shown on record in said County as owners
in fee simple of the lands hereinabove described are indeed the
owners of such fee simple title, subject only to outstanding
encumbrances, if any, now on record in said County_
IN WITNESS WHEREOF, these presents are hereby signed this
day of , 20__
GRANTOR:
City of San Bernardino
(Attach Notary Certificate)
Exhibit "0"
2
e
.
.
EXHIBIT n1 n
Sheet 1 of 3
Legal Description
(North Permanent Easernent)
In the County of San Bernardino, State of California, being portions of Government Lots 5 and
6, 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 n, records of said County, described as follows:
COMMENCING at the centerline intersection of Sterling Avenue and Foothill Drive westerly, as
shown on Tract No. 11857, filed in Book 185 of Maps, Pages 42 through 49 inclusive, records of
said County; thence North 00032'35" West, 149.33 feet along the centerline of said Sterling
Avenue to the intersection of the north line of Muscupiabe Rancho and said centerline of
Sterling Avenue as shown on Tract Map No. 11857, filed in Book 185, pages 42 through 49,
inclusive, of said Tract Maps, rec;ords of said County, said point being on the southerly
projection of the west line of said Government Lot 6;
thence along said west line and its southerly projection, North 00031'23" West, 504.71 feet to
the TRUE POINT OF BEGINNING, said point hereinafter referred to as Point "A";
thence North 80033'09" East, 48.47 feet;
thence South 61040'21" East, 14.14 feet;
thence North 53044'29" East, 121.50 feet;
thence South 79040'14" East, 16.69 feet;
thence North 54040'34" East, 63.99 feet;
thence North 71011'17" East, 187.61 feet to the beginning of a curve, concave westerly, having
a radius of 113.00 feet;
thence along said curve, an arc length of 329.54 feet, through a central angle of 167005'20";
thence South 84005'57" West, 87.67 feet;
thence North 00000'00" East, 140.00 feet;
thence North 69029'01" East, 160.00 feet;
thence North 00000'00" East, 150.00 feet;
thence North 59036'22" West, 295.00 feet;
thence South 47004'22" West, 151.99 feet to a point on the northerly projection of the easterly
line of said Sterling Avenue, as shown on said Tract Map as "N.13058'CO"E. 372.00";
thence along said easterly line and its northerly projection, South 13031'10" West, 248.54 feet to
the intersection of said west line of Government Lot 6 and said easterly line of Sterling Avenue,
said point being distant 528.14 feet northerly measured along said west line from the TRUE
POINT OF BEGINNING;
L:\NCI85\PERM_ESMT _B.DOC
EXHIBITnDn
EKHIBIT "1"
Sheet 2 of 3
.
thence along said west line, South 00"31'23" East, 528.14 feet to the TRUE POINT OF
BEGINNING.
Excepting therefrom that portion of the said Government Lot 6, described as follows:
COMMENCING at said Point "A", said point being on said west line of Government Lot 6;
thence along said west line, North 00"31'23" West, 53.81;
thence North 89"28'37" East, 55.99 feet to the TRUE POINT OF BEGINNING;
thence North 54"40'34" East, 178.45 feet;
thence North 71"11'17" East, 195.74 feet to the beginning of a curve, concave westerly, having
a radius of 57.00 feet;
thence along said curve, an arc length of 166.23 feet, through a central angle of 167"05'20";
thence South 84"05'57" West, 128.07 feet;
thence North 34"09'07" West, 131.58 feet;
. thence South 23"05'54" West, 180.00 feet;
thence South 09"31 '47" West, 210.00 feet to the TRUE POINT OF BEGINNING;
See sheet 3 of 3 for a plat depicting the above described property.
The land herein described contains 5.50 acres.
direction, in conformance with the
Date
.
EXHIBIT "D"
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Recorded at the request of:
EAST VALLEY WATER DISTRICT
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)
I
When recorded, mail to:
East Valley Water District
1155 Del Rosa Avenue
P.O. Box 3427
San Bernardino, CA 92413
Attn: Robert E. Martin
General Manager
Document Transfer Tax $ None
(Exempt - Chapter 1108 Statute 1969)
TEMPORARY CONSTRUCTION EASEMBNT
BY THIS INDENTURE, the CITY OF SAN BERNARDINO (hereinafter
referred to as the "Grantor"), for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, does
hereby grant, bargain, sell, and convey unto the EAST VALLEY WATER
DISTRICT, a public agency (hereinafter referred to as the
"Grantee"), its successors and assigns, a temporary easement
hereinafter described, for construction purposes on, under, along,
above, and across that certain real property located in the County
of San Bernardino, State of California, and described and depicted
on the legal description and map attached hereto as Exhibit "1" and
by this reference made a part hereof.
This grant shall carry with it the right to excavate, inspect,
and store materials on the site of the easement, install fencing
and use the gates on and around the perimeter of the easement, mark
the location of said easement by suitable markers set and
maintained in the ground at locations deemed necessary by Grantee,
use such lands of the Grantor adjacent to either side of the
easement as may reasonably be required by Grantee in connection
with the exercise of the rights granted herein, and the right of
ingress to and egress from the said easement across all access
roads and the lands of the Grantor for all purposes useful or
convenient in connection with or incidental to the exercise and
enjoyment of the rights herein granted.
TO HAVE AND TO HOLD the above-described rights and easement
unto the Grantee, its successors and assigns, until completion of
the construction of a reservoir and appurtenant facilities by
Grantee.
Exhibit "E"
1
.
.
.
Grantor reserves the right to full use and enjoyment of said
premises, except for the purposes herein granted, provided that
such use and enjoyment shall not hinder, conflict, or interfere
with the exercise of Grantee's rights hereunder, and that no
excavation, building, structure, or obstructions shall be
constructed on the said easement during the term thereof without
Grantee's written consent.
Grantor represents, covenants, and warrants that the
undersigned which is/are shown on record in said County as owners
in fee simple of the lands hereinabove described are indeed the
owners of such fee simple title, subject only to outstanding
encumbrances, if any, now on record in said County.
IN WITNESS WHEREOF, these presents are hereby signed this
day of , 20____.
GRANTOR:
City of San Bernardino
(Attach Notary Certificate)
Exhibit "E"
2
.
.
.
EXHIBIT "1"
Sheet 1 of 3
Legal Description
(Temporary Easement)
In the County of San Bernardino, State of California, being portions of Government Lots 5 and 6,
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, described as follows:
COMMENCING at the centerline intersection of Sterling Avenue and Foothill Drive westerly, as
shown on Tract No. 11857, filed in Book 185 of Maps, Pages 42 through 49 inclusive, records of
said County; thence North 00032'35" West, a distance of 130.35 feet along the centerline of said
Sterling Avenue to the intersection of the north line of Foothill Drive easterly and said centerline
of Sterling Avenue, said intersection being the TRUE POINT OF BEGINNING;
thence North 00032'35" West, 18.98 feet to the intersection of the west line of said Government
Lot 6 and the north line of Muscupiabe;
thence North 00031'23" West, 1461.10 feet along the west line of said Government Lots 5 and 6;
thence South 87047'57" East, 497.83 feet;
thence South 00000'00" West, 731.29 feet;
thence South 65057'05" West, 284.93 feet;
thence South 00031'23" East, 311.93 feet;
thence South 90000'00" East, 270.67 feet;
thence South 00000'00" West, 337.00 feet;
thence North 90000'00" West, 245.37 feet;
thence South 49019'21" West, 115.56 feet to the center section line of said Section 19;
thence North 89048'01" West, 32.54 feet along said center section line to said north line of East
Foothill Drive;
thence North 45027'05" West, 185.07 feet along said north line to the TRUE POINT OF
BEGINNING.
See sheet 3 of 3 for a plat depicting the above described property.
L:\l4OI5\TEMPORAAY _EASEMENT.DOC
EXHIBIT "E"
.
.
.
The land herein described contains 15.02 acres.
This real property h
Professional La
EXHIBIT "1"
Sheet 2 of 3
irection, in conformance with the
L"\IMOI5\TaPOAARY _EASEMENT. DOC
EXHIBIT "E"
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Recorded at the request of:
EAST VALLEY WATER DISTRICT
)
)
)
)
)
)
)
)
)
)
1
When recorded, mail to:
East Valley Water District
1155 Del Rosa Avenue
P.O. Box 3427
San Bernardino, CA 92413
Attn: Robert E. Martin
General Manager
Document Transfer Tax $ None
(Exempt - Chapter 1108 Statute 1969)
PERMANENT EXCLUSIVE EASEMENT GRANT
BY THIS INDENTURE, the CITY OF SAN BERNARDINO (hereinafter
referred to as the "Grantor"), for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, does
hereby grant, bargain, sell, and convey unto the EAST VALLEY WATER
DISTRICT, a public agency (hereinafter referred to as the
"Grantee"), its successors and assigns, a perpetual, permanent, and
exclusive easement hereinafter described, to construct,
reconstruct, remove, replace, alter, add to, repair, maintain,
operate, and use, one or more roads, wells, tanks, reservoirs,
pipelines, vaults, and pumping and/or chlorinating stations,
together with braces, connections, fastenings, conununication lines,
electric power cables, telemetry systems, and other appliances,
appurtenances, and fixtures in connection therewith or appurtenant
thereto, for the production, storage, treatment, transmission, and
distribution of water and electric power on, under, along, above,
and across that certain real property located in the County of San
Bernardino, State of California, and described and depicted on the
legal description and map attached hereto as Exhibit "An and by
this reference made a part hereof.
This grant shall carry with it the right to excavate, inspect,
and store materials on the site of the easement, install fencing
and use the gates on and around the perimeter of the easement, mark
the location of said easement by suitable markers set and
maintained in the ground at locations deemed necessary by Grantee,
use such lands of the Grantor adjacent to either side of the
easement as may reasonably be required by Grantee in connection
with the exercise of the rights granted herein, and the right of
ingress to and egress from the said easement across all access
roads and the lands of the Grantor for all purposes useful or
convenient in connection with or incidental to the exercise and
enjoyment of the rights herein granted.
1
.
.
.
TO HAVE AND TO HOLD the above-described rights and easement
unto the Grantee, its successors and assigns, for as long as
Grantee desires to exercise the same, and Grantee may assign the
rights and easement herein granted, either in whole or in part,
subject to the terms of this grant.
Any wells, tanks, pipelines, cables, and other structures and
appurtenances installed and constructed pursuant to this easement
shall at all times remain the property of Grantee notwithstanding
that the same may be annexed or affixed to the freehold, and shall
at any time and from time to time be removable, in whole or in
part, by Grantee and its successors or assigns.
Grantor reserves the right to full use and enjoyment of said
premises, except for the purposes herein granted, provided that
such use and enjoyment shall not hinder, conflict, or interfere
wi th the exercise of Grantee's rights hereunder, and that no
excavation, building, structure, or obstructions shall be
constructed on the said easement without Grantee's written consent.
Grantor shall be solely responsible for the payment of any and all
costs associated with the replacement or restoration of any
excavation, building, structure, or obstruction that is damaged or
destroyed as a result of Grantee's reasonable exercise of the
rights granted herein.
Grantor represents, covenants, and warrants that the
undersigned which is/are shown on record in said County as owners
in fee simple of the lands hereinabove described are indeed the
owners of such fee simple title, subject only to outstanding
encumbrances, if any, now on record in said County.
IN WITNESS WHEREOF, these presents are hereby signed this
day of , 20____.
GRANTOR:
City of San Bernardino
(Attach Notary Certificate)
2
.
.
.
Exhibit RAn
Sheel1 of 3
Legal Description
(North Permanent Easement)
In the County of San Bernardino, State of California, being portions of Government Lots 5 and
6, 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, described as follows:
COMMENCING at the centerline intersection of Sterling Avenue and Foothill Drive westerly, as
shown on Tract No. 11857, filed in Book 185 of Maps, Pages 42 through 49 inclusive, records of
said County; thence North 00032'35" West, 149.33 feet along the centerline of said Sterling
Avenue to the intersection of the north line of Muscupiabe Rancho and said centerline of
Sterling Avenue as shown on Tract Map No. 11857, filed in Book 185, pages 42 through 49,
inclusive, of said Tract Maps, rec;ords of said County, said point being on the southerly
projection of the west line of said Government Lot 6;
thence along said west line and its southerly projection, North 00031'23" West, 504.71 feet to
the TRUE POINT OF BEGINNING, said point hereinafter referred to as Point "A";
thence North 80033'09" East, 48.47 feet;
thence South 61040'21" East, 14.14 feet;
thence North 53044'29" East, 121.50 feet;
thence South 79040'14" East, 16.69 feet;
thence North 54040'34" East, 63.99 feet;
thence North 71011'17" East, 187.61 feet to the beginning of a curve, concave westerly, having
a radius of 113.00 feet;
thence along said curve, an arc length of 329.54 feet, through a central angle of 167005'20";
thence South 84005'57" West, 87.67 feet;
thence North 00000'00" East, 140.00 feet;
thence North 69029'01" East, 160.00 feet;
thence North 00000'00" East, 150.00 feet;
thence North 59036'22" West, 295.00 feet;
thence South 47004'22" West, 151.99 feet to a point on the northerly projection of the easterly
line of said Sterling Avenue, as shown on said Tract Map as RN.13058'OO"E. 372.00";
thence along said easterly line and its northerly projection, South 13031'10" West, 248.54 feet to
the intersection of said west line of Government Lot 6 and said easterly line of Sterling Avenue,
said point being distant 528.14 feet northerly measured along said west line from the TRUE
POINT OF BEGINNING;
~'\I4085\PE~_B.COC
.
.
.
.;--
Exhibit "A"
Sheel2 of 3
thence along said west line, South 00031'23" East, 528.14 feet to the TRUE POINT OF
BEGINNING.
Excepting therefrom that portion of the said Government Lot 6, described as follows:
COMMENCING at said Point "A", said point being on said west line of Government Lot 6;
thence along said west line, North 00.31 '23" West, 53.81;
thence North 89028'37" East, 55.99 feet to the TRUE POINT OF BEGINNING;
thence North 54040'34" East, 178.45 feet;
thence North 71011'17" East, 195.74 feet to the beginning of a curve, concave westerly, having
a radius of 57.00 feet;
thence along said curve, an arc length of 166.23 feet, through a central angle of 167005'20";
thence South 84.05'57" West, 128.07 feet;
thence North 34009'07" West, 131.58 feet;
thence South 23005'54" West, 180.00 feet;
thence South 09031'47" West, 210.00 feet to the TRUE POINT OF BEGINNING;
See sheet 3 of 3 for a plat depicting the above described property.
The land herein described contains 5.50 acres.
direction, in conformance with the
Date
L.-'II4OI5\PEAM_ESMT _I.DOC
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): g -.q - 0 I Item #
Vote: Ayes 1- 'I Nays.e-
Change to motion to amend original documents: -
II Resolution #
Abstain ~
'2.-00 t - Zi!p
Absent -G-
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: 9 - 5 - Q I
Date of Mayor's Signature: q -(,,- 0\
Date ofClerk/CDC Signature: '1-(.,-{)\
Date Memo
ent for Signature:
See Attached:
See Attached:
e Attached:
60 Day Reminder Letter Sent on 30t
90 Day Reminder Letter Sent on 45th day:
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):
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance
Dev. Services
Public Services
Police
Water
Notes:
NullNoid After: -
By: -
Reso. Log Updated: /
Seal Impressed: ...-'
Date Returned: '-
Yes ./ No By
Yes No ,/ By
Yes No~ By
Yes No / By
Yes No .-L By
EDA
./
Finance
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOT A TIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: M'I
Date: q - 6-0 I
Revised 01/12/01