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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Bernard C. Kersey
General Manager
Water 0 R1G\NAl
Subject: Grant of Easement to
Mountainview Power Company, LLC for
a Wastewater Discharge Line Located
at the City of San Bernardino Water
Reclamation Plant
Dept:
Date: November 13, 2003
MICC Meeting Date: December 1, 2003
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt Resolution
Signature
Contact person: Bernard C. Kersev
Phone: 384-5091
Supporting data attached:
ves
Ward: 3
FUNDING REQUIREMENTS: Amount: none
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject: Grant of Easement to Mountainview Power Company, LLC for a wastewater
discharge line located at the City of San Bernardino Water Reclamation Plant, and Three
Party Agreement between Mountainview Power Company LLC, the San Bernardino Golf
Club, and the City of San Bernardino regarding the Mountainview Power Project
Wastewater Pipeline Extension.
Background: Mountainview Power Company acquired the electric generation facility located at
the northeast corner of San Bernardino A venue and Mt. View A venue in the City of Redlands.
The facility has been in the process of expanding and a part of the overall project will result in
the generation of non-reclaimable wastes that will be discharged to the Santa Ana Regional
Interceptor which is owned by the Santa Ana Watershed Project Authority (SA WP A). The
power company will own a discharge line which will cross a portion of the property the City
owns. A portion of the city-owned property is leased to the San Bernardino Golf Club and the
other portion is a part of the Water Reclamation Plant site.
Staff has worked with representatives of the power company in developing the Grant of
Easement, a review of plans, and a three party agreement with the power company, the city, and
the golf club (copy attached). The power company has also coordinated with SA WP A and the
City of Riverside since their proposed easement crosses areas which are subject to existing deed
restrictions (City of Riverside) and easements (SA WPA).
The Board of Water Commissioners voted on November 12,2003 to recommend to the Mayor
and Common Council that the Grant of Easement and the Three Party Agreement be approved.
Financial Impact: None
Recommendation: Adopt Resolution
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(CQ)(PY
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A GRANT OF EASEMENT TO MOUNTAINVIEW POWER
COMPANY LLC,A DELAWARE LIMITED LIABILITY COMPANY, FOR THE
CONSTRUCTION, MAINTENANCE, OPERATION AND REPAIR OF A W ASTEW A TER
DISCHARGE LINE IN THE CITY OF SAN BERNARDINO, LOCATED AT 1494 SOUTH
WATERMAN AVENUE, AND APPROVING A THREE PARTY AGREEMENT BETWEEN
MOUNT AINVlEW POWER COMPANY LLC, THE SAN BERNARDINO GOLF CLUB AND
THE CITY OF SAN BERNARDINO REGARDING'SAID W ASTEW A TER DISCHARGE
LINE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
9 SECTION 1. Whereas the City of San Bernardino is the owner of a portion of Lot 14, Block
10 54 of Rancho San Bernardino, on file in Book 7 of Maps, page 2, Records of the County of San
11 Bernardino and the property is utilized by the City's Water Reclamation Facility and a portion is leased
12 to the San Bernardino Golf Club for a golf course, and
13 SECTION 2. Whereas the City desires to work with Mountainview Power Company LLC in
14 allowing the installation of a wastewater discharge line to carry non- reclaimable wastewater from the
. Mountainview Power Plant, located at San Bernardino Ave and Mt. View Ave in the City of Redlands,
16 to the Santa Ana Regional Interceptor Line which terminates within the boundaries of the City's Water
17 Reclamation Facility.
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18 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
19 THE CITY OF SAN BERNARDINO AS FOLLOWS:
20
The Mayor and Common Council of the City of San Bernardino hereby grants to the
1.
21 Mountainview Power Company LLC an easement to construct, reconstruct, maintain, operate, inspect,
22 repair, replace, and remove a wastewater discharge line, together with all necessary appurtenances,
23 within that certain real property as described and depicted in Exhibit" I ", the form of the Grant of
24 Easement, attached hereto and made a part hereof.
2.
The Mayor and Common Council of the City of San Bernardino hereby approves the
Three Party Agreement between Mountainview Power Company LLC, San Bernardino Golf Club and
the City of San Bernardino, regarding the Mountainview Power Project Wastewater Pipeline Extension
which is attached hereto and marked Exhibit "2"; and hereby authorizes the Mayor to execute said
December I, 2003
Wo.2-7
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A
GRANT OF EASEMENT TO MOUNTAINVIEW POWER COMPANY LLC, A DELAWARE LIMITED LIABILITY
COMPANY, FOR THE CONSTRUCTION, MAINTENANCE, OPERATION AND REPAIR OF A W ASTEW A TER
DlSCRARGE LINE IN THE CITY OF SAN BERNARDINO, LOCATED AT 1494 soum WATERMAN A VENUE, AND
APPROVING A THREE PARTY AGREEMENT BETWEEN MOUNTAINVIEW POWER COMPANY LLC, THE SAN
BERNARDINO GOLF CLUB AND THE CITY OF SAN BERNARDINO REGARDING SAID WASTEWATER DISCHARGE
LINE.
Three Party Agreement.
1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a
meeting thereof, held on the
8
day of
, 2003, by the following vote, to wit:
9 Council Members:
AYES
NAYS
ABSTAIN
ABSENT
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ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2003.
Judith Valles, Mayor
City of San Bernardino
December 1, 2003
Page 2 of2
REQUESTED BY AND
.;tHEN RECORDED MAIL TO:
~ountainview Power Company, LLC
25770 San Bernardino Avenue
San Bernardino, CA 92408-3154
APN#
SPACE ABOVE FOR RECORDER'S USE
GRANT OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The CITY OF
SAN BERNARDINO, a municipal corporation ("Grantor"), hereby grants to Mountainview Power
Company LLC, a Delaware limited liability company ("Grantee"), an easement for the construction,
reconstruction, maintenance, operation, inspection, repair, replacement, and removal of a wastewater
discharge line, together with all necessary appurtenances, in, under, upon, over and along the real
property in the City of San Bernardino, County of San Bernardino, State of California, described as
follows:
LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" AND EXHIBIT "B", AND
INCORPORATED HEREIN BY REFERENCE
Grantor agrees for itself, its 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
fences on the above described real property. The Grantee, and its contractors, agents and employees,
shall have the right to trim or cut tree roots as may endanger or interfere 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, to the extent practicable, 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 defend (if requested by Grantor), indemnify and hold harmless Grantor
and its officers or employees from all sums which Grantor or any of its officers or employees may incur
or may be obligated to pay by reason of any liability imposed on them for damages arising out. of the
exercise by Grantee of the rights granted hereunder, 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 liable. Said sums
shall include, in the event of legal action, court costs, expenses of litigation and reasonable attorney's
fees. The costs, salaries and expenses of the City Attorney and members of his office, in connection with
that action, shall be considered as attorney's fees for purposes of this paragraph.
Grantor reserves the right to use said real property in any manner, provided such use does not
interfere with Grantee's rights hereunder. Grantee's use and right hereunder are restricted by that certain
. Use Lease and Agreement between Grantor and the San Bernardino Golf Club dated March 29, 1966 and
all subsequent amendments and assignments.
. Grantor reserves the right to require Grantee, at the Grantor's expense, to remove and relocate all
improvements placed by the Grantee upon said real property, upon determination by Grantor that the
same will interfere with future development of Grantor's property. Within 180 days after Grantor's
written notice and demand for removal and relocation of the improvements, Grantee shall remove and
relocate the improvements to another 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.
This Grant of Easement is made subject to all easements, conditions, and restrictions of record, as
the same may lawfully apply to the real property subject to the easement granted herein, including,
without limitation, the reservations contained in that Grant Deed to the City of San Bernardino recorded
May 16, 1958 in book 4510, page 182, official records of the County of San Bernardino.
CITY OF SAN BERNARDINO,
a municipal corporation
Dated:
By:
JUDITH V ALLES, Mayor
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ACKNOWLEDGEMENT OF GRANTOR(S):
COUNTY OF
)
) S.S.
)
STATE OF CALIFORNIA
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 hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the
person(s) , or the entity on behalf of which person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
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August 5, 2003
Revised October 31, 2003
1302-01
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Exhibit A
SARI LINE EASEMENT
In the City of San Bernardino, County of San Bernardino, State of California, being a
portion of Lot 14, Block 54 of Rancho San Bernardino, on file in Book 7 of Maps, Page 2,
Records of said County, more particularly described as follows:
A strip ofland 10.00 feet wide, the centerline of said strip ofland being described as
follows:
COMMENCING at the centerline intersection of Waterman Avenue and Dumas Street
as shown by map of Record of Survey on file in Book 9 of Record of Surveys, Page 12 thereof:
Records of San Bernardino County, California;
Thence S.89055'Jl"W. along the centerline of said Dumas Street, a distance of 1334.56
feet, to the Northeast corner of said Lot 24, also being the Northwest corner of Lot 25 of said
Block 54, as shown by said Record of Survey;
Thence S.oooOT29"E. along the easterly line of said Lot 24, a distance of 1039.60 feet,
to the centerline of a 70 (seventy) foot wide Transmission Easement, recorded in Book 4226,
. Page 588, Official Records of San Bernardino County;
Thence S.84045'OO"W. along said centerline, a distance of 640.33 feet, to the easterly
line of the Twin Creek flood control channel, 400.00 feet in width;
Thence S.00oOT45"E. along said easterly line, a distance of65.94 feet;
Thence southeasterly along said easterly line along tangent curve concave northwesterly,
having a radius of 1500.00 feet, through an angle of37"32'56", and an arc length of983.03 feet;
Thence S.58038'34"W., a distance of273.77 feet;
Thence N.62"28'43"W., a distance of 47.50 feet;
Thence N.40"42'00"W., a distance of236.87 feet;
Thence N.04015'47"W., a distance of 12.49 feet;
Thence N.40"42'OO"W., a distance of2.80 feet;
Thence N.75044'13"W., a distance of39.75 feet, to the northwesterly line of said Twin
Creek Channel, 400 feet in width, being the POINT OF BEGINNING of the centerline to be
described;
Thence continuing N.75044'13"W., a distance of 11.64 feet;
Thence N.4O"oo'OO"W., a distance of 134.96 f~;
Thence N.1200TOJ"W., a distance of 101.53 feet;
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K:\Cllenls\l083 Thermal Ecctek\Legal 08&\1083-01 SARI Line Elmt 02-Rev.doc
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August 5, 2003
Revised October 31, 2003
1302-01
Thence N.45"30'33"E., a distance of5.12 feet, being the Terminus of said centerline
description.
The sidelines of said strip of land shall be prolonged or shortened as to terminate in the
northwesterly line of Twin Creek Channel.
KCT CONSULTANTS. INe.
Prepared Under the Supervision of:
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Marissa Crowther PLS No. 6152
Date: \\-4-o~
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COLftlE TAB..E
<6> N.62'26'43.W. 47.50'
--_._-_.~..._._-- --.---,-...---'---,--
@ N.40'42'OO"W. 236.67'
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@ N.041S'47.W. 12.49'
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@ N.40'42'OO"W. 2.60'
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([) N.7S'44'13.W. 39.75'
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<D N.7S'44'13.W. 11.64'
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@ N.40'OO'OO.W. 134.96'
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@ N.12'07'03.W._ 101.5:'
Q) N. 45 '3O'33.E. 5.12'
Lot 23 I
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EXHI8fT B
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Scale: ,.'-300'
SARI Line Easement
Exhibit Map
. KCT CONSULTANTS, INC,
Q.1l EngIMn. SlIv8\<llO'-
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December 2001
WO 1083-01
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MOUNTAINVIEW POWER COMPANY, LLC
25770 SAN BERNARDINO AVENUE
SAN BERNARDINO, CALIFORNIA 92408-3154
November 4, 2003
San Bernardino Golf Club
Tom Self, General Manager
1494 South Watennan Avenue
San Bernardino, CA 92408
Bernard C. Kersey
General Manager
City of San Bernardino
Municipal Water Department
P.O. Box 710
San Bernardino, CA 92402
Re: Three Party Agreement, between (1) Mountainview Power Company
LLC, (2) San Bernardino Golf Club and (3) the City of San Bernardino, regarding
the Mountainview Power Project Wastewater Pipeline Extension
.
Dear Tom and Bernard:
As you know, Mountainview Power Company, LLC, a Delaware limited liability
company ("Mountainview"), has an easement for a wastewater effluent pipeline that currently
terminates at a point inside the golf course ("Course'') operated by San Bernardino Golf Club at
1494 South Watennan Avenue, in San Bernardino ("Golf Club"), pursuant to that certain lease
between the Golf Club and the City of San Bernardino ("City") dated 3/29/66 ("Lease'').
Mountainview is in the process of obtaining the necessary easements and permits to provide for
the installation of additional pipeline ("Pipeline") to extend the existing pipeline a distance of
approximately three-tenths of a mile, through the Course, to the City of San Bernardino Water
Reclamation Facility (collectively the ''Project'') including, without limitation, an easement from
the City of Riverside, a Pennit to Construct from the San Bernardino County Flood Control
District, and an easement from the City.
Attached hereto please find Exhibit A, a rough aerial view of the proposed Pipeline. Also
attached to this letter is Exhibit B, the 8/8/03 6-page draft design of the Pipeline. Please review
this material, and provide comments if necessary.
As you know, in connection with the installation of the Pipeline ("Construction"), certain
portions of the Course will need to be temporarily excavated. Our best guess is that it will take
approximately one month to complete the installation of the Pipeline. In connection with the
installation of the Pipeline, Mountainview hereby agrees as follows:
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Exhibit 2
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(a)
Mountainview will, to the extent practicable, use commercially-reasonable efforts
to do the following:
(i) minimize impact to the Course, and the use thereof by patrons of
the Course;
(ii) minimize impact to the green of Hole No. 11 (generally depicted
on Exhibit A);
(iii) perform the installation of the Pipeline during a time period
agreeable to the Golf Club and the City;
(iv) keep the golf cart bridge open during normal Course hours
throughout the course of the Construction and also minimize any
damage to the bridge; and
(v) keep the City apprised of Mountainview's anticipated schedule for
the Construction.
(b)
Mountainview hereby agrees to indemnify and hold City harmless from and
against any and all claims, direct (as opposed to consequential) losses, and
liabilities (including, without limitation, a breach of the Lease) arising out of
Mountainview's Construction as contemplated hereby, except to the extent that
any such claims, losses, and liabilities are attributable to the acts and omissions of
City and/or the Golf Club;
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(c) To minimize any interference with the Course's irrigation system, Mountainview
hereby agrees that the Pipeline: (i) will be made of High Density Polyethylene
(HOPE) (except for the portion of the pipe attached to the bridge, which will be
steel), (ii) will be eight inches (8") in diameter, and (iii) that the bottom of the
Pipeline will be laid at a depth of forty-eight inches (48") (the top of the Pipeline
will be forty inches (40") deep);
(d) Once the Pipeline is installed, Mountainview will resurface and resod the areas
impacted by the Pipeline installation or, alternatively if requested by the Golf
Club, the Golf Club may resurface and resod such impacted areas and upon
completion, Mountainview will reimburse the Golf Club for all actual costs of
resurfacing and resodding such areas (as evidenced by reasonable back-up
documentation); and
(e) Upon completion of the Project, Mountainview will pay the Golf Club the sum of
$10,000, as consideration for the Golf Club's entry into this agreement. This
payment is intended to compensate the Golf Club for the general inconvenience
caused by the Project and to compensate the Golf Club for costs of administration
of this agreement.
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In exchange for the foregoing, the Golf Club agrees: (a) to cooperate with Mountainview
in connection with the installation of the Pipeline (including surveying and all other related tasks
Exhibit 2
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necesslUy for the Project, including providing such access to the Course as Mountainview
requires to exercise its rights set forth in this leU~), (b) to cooperate with Mountainview in
aUaching the. Pipeline to the bridge in a manner that is reasonably acce.ptable to Mountainview
and the Golf Club, and (c) to provide a letter from the Golf Club to the City of Riverside
confirming that the Golf Club agrees to cooperate with Mountainview in connection with the
installation of the Pipeline and the completion of the Project. The City acknowledges that the
activities contemplated by this agreement do not constitute a breach of the Lease.
If the foregoing correctly sets forth our agreement, please countersign this letter on behalf
of the Golf Club and the City and return a fully executed copy to me. On your countersignature
of this leUer on behalf of the Golf Club and the City, this letter will constitute a binding
agreement between Mountainview, the Golf Club, and the City.
v cry truly yours,
~~
Mountainview Power Company, LLC
Date: //./V... ~
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THE FOREGOING IS AGREED TO.
San Berriardino Golf Club
.lfb-d.L;
City of San Bernardino
By:
Its: General Manager
Date: 1/ //fi 07
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Its:
Date:
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r:xhibit 2
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): fl.- \ -O:S Item # ?. 'l Resolution #
Vote: Ayes 1-'\ Nays.&-- Abstain...ca--
Change to motion to amend original documents: --
?ro3-33'-(
Absent -t:r-
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: \'2--'2- -03
Date of Mayor's Signature: 17 - 3 '03
Date of Clerk/CDC Signature: \ '2---"\-0.3
Date Memo/Letter Sent for Signature:
'-
60 Day R~mrnderTelrei Sem UIl 301.. day'
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
:See Attached:
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
Police Public Services Water
Nutes:
N ull/V aid After: .--
By: -
Reso. Log Updated:
Seal Impressed:
/
..../
Date Returned: --
Yes-L No By
Yes No-L By
Yes No ./ By
Yes No ./ By
Yes No/
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 IContract Term. etc.)
Ready to File: _
Date:
Revised 01/12/01