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HomeMy WebLinkAbout25-Water DepartmentCITY OF SAN BT'rRNARDINO -REQUEST FOR COUNCIL ACTION From: Stacey Aldstadt General Manager Dept: Water Department Date: February 12, 2007 Subject: Resolution of the Mayor and Common Council Granting an Easement to San Bernardino Valley Municipal Water District for the Baseline Feeder South Pipeline located at Pedle~ Road Between 6"' Street and 9 Street (APN 27&191-30) MICC Meeting Date: 3/0/07 NONE Recommended Motion: ADOPT RESOLUTION ,~~2 9n~Li4/~..l.~- Contact person: Stacev Aldstadt Phone: 3845081 Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.l Finance: Council Notes: Agenda Item No. o~J 3~5~~~ CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION srnFF r~roRr subjaat: Resolution approving a Grant of Easement to San Bernardino Valley Municipal Water District for the Baseline Feeder South Pipeline located in Pedley Road Between 6t° Street and 9t" Street, San Bernardino, CA (APN 278-191-30). Background: San Bernardino Valley Municipal Water District (SBVMWD) has recently constructed the Baseline Feeder South 78" Pipeline. The City of San Bernardino owns property surrounding the pipeline and is currently used as the City of San Bernardino Community Garden. In order to allow access for proper maintenance, SBVMWD has requested a 25-foot wide easement approximately 973 feet along the westerly edge of Pedley Road between 6t° Street and 9`° Street (APN 278-191-30). Financial Impact: None Roca~endation: Adopt Resolution granting an easement agreement to San Bernardino Valley Municipal Water District for the Baseline Feeder South Pipeline on property located on Pedley Road between 6T" Street and 9T" Street, San Bernardino, CA (APN 278-191-30). 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 ' 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A GRANT OF EASEMENT TO SAN BERNARDINO VALLEY KUNICIPAL WATER DISTRICT FOR THE BASELINE FEEDER SOUTH PIPELINE ON PROPERTY LOCATED ON PEDLEY ROAD BETWEEN 6T" STREET AND 9T" STREET, SAN BERNARDINO, CA (APN 278-191-30). WHEREAS, the City of San Bernardino owns real property situated in the City of San Bernardino, County of San Bernardino located at Pedley Road between 6th Street and 9th Street and utilized for the City of San Bernardino Community Garden; and WHEREAS, San Bernardino Valley Municipal Water District (SBVMWD) has recently constructed the Baseline Feeder South Pipeline within close proximity to said property and proposes to use the property to allow for proper maintenance of the pipeline. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION ONE: That the City of San Bernardino, a Municipal Corporation, does hereby approve an Easement Agreement for maintenance purposes to San Bernardino Valley Municipal Water District, as described in the Easement Agreement. The Easement Agreement is set forth in Exhibit 1 attached hereto and by this reference made a part hereof. Reference APN 278-191-30. SECTION TWO: That the Mayor and City Clerk of the City of San Bernardino are hereby authorized and directed to execute said Easement Deed and Agreement on behalf of the City of San Bernardino. ///// ///// ///// ///// Nd~ ~ 3~5~~~ 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A GRANT OF EASEMENT TO SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT FOR THE BASELINE FEEDER SOUTH PIPELINE ON PROPERTY LOCATED ON PEDLEY ROAD BETWEEN 6T" STREET AND 9T" STREET, SAN BERNARDINO, CA (APN 278-191-30). I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Co uncil of the City of San Bernardino at a meeting thereof, held on the day of 2007, by the following vote to wit: COUNCIL MEMBERS AYES NAYS ABSENT ABSTAIN ESTRADA BAXTER BRINKER DERRY KELLEY (JOHNSON IMCCAMMACK RACHEL CLARK, City C er The foregoing resolution is hereby approved this day of 2007. PATRICK J. MORRIS, Mayor City of San Bernardino APPROVED AS TO FORM: By: City Attorney RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: San Bernardino Valley Municipal Water District 1350 So. "E" Street San Bernardino, CA 92412-5906 Attn: Robert M. Tischer APN 0278-191-30 NO FEE PER GOVT CODE § 6103 SPACE ABOVE LINE FOR RECORDER'S USE EASEMENT AGREEMENT (Water Facilities-Pipeline & Appurtenant Facilities) This Easement Agreement ("Agreement") is executed this- day of , 2007, by and between the City of San Bernardino, a municipal corporation ("Grantor") and San Bernardino Valley Municipal Water District, a municipal water district ("Grantee"), who agree as follows: RECITALS A. Grantor owns real property situated in the City of San Bernardino, County of San Bernardino, State of Califonua north of 6`s Street and west of Pedley Road also known as assessor's pazce10278-191-30 ("Grantor's Property"). B. Grantee is a municipal water district and transports water for various uses. To accommodate the transportation of water, Grantee desires to build a 78-inch diameter water transmission pipeline and appurtenant facilities within Grantor's Property. C. Grantee desires to acquire certain rights in Grantor's Property for purposes of constructing, maintaining, repairing, improving and operating the pipeline and appurtenant facilities for the transportation and storage of water, as more fully described below, on the terms and conditions of this Agreement. GRANT OF NONEXCLUSIVE EASEMENT 1. Incorporation of Recitals. The recitals set forth above are hereby incorporated herein by this reference. 2. Grant of Nonexclusive Easement. For valuable consideration, the receipt of which is hereby acknowledged, Grantor hereby grants to Grantee an easement in gross ("Easement") as hereinafter described. 3. Location of Easement. The Easement granted herein is located as described on Exhibit A attached hereto and by this reference made a part hereof ("Easement Area"). 4. Description of Easement. The Easement shall be nonexclusive and shall commence upon execution of this Easement Agreement ("Commencement Date"). The Easement shall be used by Grantee as follows: Project name: Baseline Feeder Extension South Pipeline APN: 0278-19I-30 A. An easement over, under, across, and through the Easement Area. The grant includes the right to construct, lay, operate, patrol, maintain, repair, reconstruct, modify, alter, enlazge, add to, relay, remove, and replace subsurface pipeline, together with all fixtures, electrical facilities, communications, data or control facilities, and any other devices or appurtenances, either above or below the ground surface, used or useful with respect to the pipeline that Grantee may wish to construct or permit to be constructed. B. The limited right of access over, ingress to and egress from and along the Easement Area and on, over, and across drives and roadways which now exist or which may hereafter be constructed thereon and the use of which is reasonably necessary to accomplish Grantee's purposes. 5. Grantor's Use of the Easement. While the Easement granted pursuant to this Agreement is non-exclusive, it is expressly understood and agreed that Grantor and its successors or assigns, do not have the right to use the Easement that in a manner is inconsistent with the uses granted to Grantee under this Agreement. Grantor understands and acknowledges that access to Grantee's pipeline is critical and that the pipeline shall be constructed with specific load capacity requirements and that uses inconsistent with Grantee's use of the Easement Area could have a material adverse impact on Grantee's use of the Easement. A. Inconsistent uses include, but are not limited to, the following: (1) Erection or construction of buildings or other structures; (2) Drilling or excavation; (3) Borings; (4) Operation of mines; (5) Use of explosives; (6) Planting of trees; B. It is expressly understood and agreed that Grantor and its successors or assigns, do not have the right, without the prior written consent of Grantee, which consent shall not be unreasonably withheld, conditioned or delayed, to make any use of the Easement Area that would encroach on the uses granted to Grantee under this Agreement. Uses of the Easement Area requiring Grantee's consent include, but are not limited to, the following: (1) Alteration of the ground surface elevation by more than twelve (12) inches. C. Grantor retains the right to: (1) Operate, construct, reconstruct, maintain, inspect, repair, replace, relocate and remove both existing and future improvements to the areas within the Easement Area that do not conflict with Paragraphs SA and/or SB above; (2) Construct, reconstruct, maintain, operate, inspect, repair, replace, relocate, and remove both existing and future infrastructure, provided that such infrastructure does not conflict with Paragraphs SA and/or SB above and does not require the relocation of any -2- Project name: Baseline Feeder Ex6msion South Piveline APN: 0278-191-30 of Grantor's major underground facilities or hinder the construction, laying, operation, patrol, maintenance, repair, reconstruction, modification, alteration, enlargement, addition, relay, removal, and replacement of Grantee's pipeline; and (3) Require Grantee, at the Grantor's expense, to remove and relocate all improvements placed by the Grantee upon said real property, upon the reasonable determination by Grantor that Grantee's improvements 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 to a feasible location on the property of Grantor, as reasonably designated by Grantor, and Grantor shall furnish Grantee with an easement for the new location, on the terms and conditions as stated in this Agreement, all without cost to Grantee, and Grantee thereupon shall reconvey to Grantor the easement herein granted. D. It is expressly understood and agreed that Grantor, and its successors or assigns, do not have the right, without prior written approval of Grantee, to grant any easement or license, or permit any encroachment of any kind whatsoever in or over the Easement Area, excluding any existing easement, license, or permit in existence as of the date of this non- exclusive easement is granted. Grantee shall not unreasonably withhold its consent under Paragraph SB above, or approval under this Paragraph SD, so ]ong as any proposed activity, construction, or improvement is designed in accordance with generally accepted engineering principles and practices for the protection of Grutee's facilities and Grantee's rights as granted herein. E. Grantor, its successors or assigns, retain all aspects of fee ownership and the right to make all uses of the Easement Area, including, but not limited to, access, ingress, and egress over, through, and across the Easement Area and to and from adjoining parcels, that do not unreasonably interfere with Grantee's rights as described in this Agreement. 6. Restoration. Grantee agrees that it shall repiace any existing, or future improvements installed in accordance with this Agreement that may be damaged during construction, operation or repair of Grantee's pipeline. 7. Compliance. Grantee, at Grantee's sole cost, shall be responsible for compliance with all federal, state and local laws, ordinances, rules and regulations ("Laws") now and in the future applicable to the use, installation, maintenance and repairs of Grantee's pipeline and appurtenant facilities. 8. Grantee's Indemnity Obligation. Grantee agrees to indemnify, defend and hold harmless Grantor, and its employees, agents, and affiliated entities from all claims, causes of actions, damages, costs (including the cost of investigators, consultants and attorneys selected by Grantor) or detriment of any nature whatsoever to Grantor, or the Property, arising from or related to Grantee's use of the Easement Area, and the construction, operation, maintenance or repay of the pipeline and appurtenant facilities, including without limitation, claims for personal injury and property damage, equitable remedies (including injunctive relief) of any nature whatsoever; provided, however, Grantee's indemnity obligations under this Paragraph 8 shall not apply to claims, causes of action, costs or detriment caused by the sole active negligence or intentional acts of Grantor. _~ Project name: Baseline Feeder Extension South Rpeline APN: 0278491-30 9. Grantor's Indemnity. Grantor agrees to indemnify, defend and hold harmess Grantee and its employees, agents and affiliated entities from all claims, causes of actions, damages, costs (including the cost of investigators, consultants and attorneys selected by Grantee) or detriment of any nature whatsoever to Grantee arising from Grantor's activities on the Property, including without limitation, claims for personal injury and property damage, equitable remedies (including injunctive relief) of any nature whatsoever; provided, however, Grantor's indemnity obligations under this Paragraph 9 shall not apply to claims, causes of action, costs or detriment caused by the sole active negligence of intentional acts of Grantee. 10. Entire Agreement; Binding Effect; Amendments. Tlus Agreement: (a) is intended by Grantor and Grantee as a final expression and complete and exclusive statement of their agreement with respect to the terms included herein, and any prior or contemporaneous agreements or understandings, oral or written, which may contradict, explain or supplement these terms are superseded and shall not be admissible or effective for any purposes; (b) shall be binding upon and inure to the benefit of Grantor and Grantee and their successors and assigns; and (c) may not be amended or modified except by a written agreement executed by Grantor and Grantee. 11. Attomevs' Fees. In any action between Grantor and Grantee arising from or related to this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to damages, injunctive or other relief, if any, all costs and expenses, reasonably incurred at, before and after trial or on appeal, or in any bankruptcy proceeding, including without limitation, attorneys' fees, witnesses' fees (expert and otherwise), deposition costs, copying charges and other expenses. The costs, salary and expenses of the City Attorney and members of his office, in connection with that action, shall be considered as attorney's fees for the purposes of this Agreement. -4- Project name: Baseline Feedec Extension South Pipeline APN: 0278-19130 IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement on the date first above written. GRANTOR: City of San Bemazdino, a California municipal corporation as to Form: F. Penman Attorney GRANTEE: San Bemazdino Valley Municipal Water District, a municipal water district By: _~ Project name: Baseline Feeder Extension South PipeBne APN: 027&19130 STATE OF CALIFORNIA ss. COUNTY OF On _, 2007, before me, ,personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said County and State STATE OF CALIFORNIA ss. COUNTY OF On _, 2007, before me, ,personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said County and State -6- Project name: Baseline Feeder Extension South Pipeline APN: 0278-191-30 STATE OF CALIFORNIA ss. COUNTY OF On _, 2007, before me, ,personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names aze subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said County and State -7- Project name: Baseline Feeder Extension South Piceline APN: 0278-191-30 EXHIBIT "A" EASEMENT AREA KRIEGER Cf V'I'EWACZ.T EXHIBIT "A" APN 0278-191-30 PIPELINE EASEMENT That portion of Lot 4 in Block 43 of Rancho San Bernardino, as shown by Map on file in Book 7 of Maps at Page 2 thereof, records of San Bernardino County, California, being more particularly described as follows: BEGINNING at the northeasterly corner of said Lot 4, said corner being on the westerly right-of--way line of Pedley Road (30 feet wide); Thence South 00°14'12" East, along the easterly line of said Lot 4 and said westerly right-of--way line, a distance of 972.40 feet to the northerly right-of--way line of Sixth Street (41.25 foot half width); Thence South 89°36'44" West, along said northerly right-of--way line, a distance of 72.00 feet; Thence North 35°27'56" East, departing said northerly right-of--way line, a distance of 80.54 feet to a line parallel with and distant 25.00 feet westerly as measured at right angles to said westerly right-of--way line of Pedley Road (30 feet wide); Thence North 00°14'12" West, along said parallel line, a distance of 907.19 feet to the northerly line of said Lot 4; Thence North 89°45'48" East, along said northerly line, a distance of 25.00 feet to the POINT OF BEGINNING. Contains 0.5933 acres, more or less. See Exhibit'B' attached hereto and made a part hereof. L~^~ 7 F ERICK A. ELLIOTT P.L.S. 4741 EXPIItES: 09/30/2007 MWE/Igm LEGAU634-4C (g/gB006) Page 1 of I J r ~ ~ P.O.B. S 89'45'48° W 25.00' NORTHERLY LINE OF LOT 4 30' Q ~ ~ 0 rn rn SOT 4 w W W BOCK 43 ~ A RANCHO SAN BERNARDINO ~ ~ w MB 7/2 SB. CO. p p a Ud'~p 3(/,~ 25' o~ LS.4741 ~~ /J,'„~ ~r7 0~ ~\F , ~i pp OA~~Q~ N35'27'S6"E 80.54' ~~, SIXTH ~ N89 '36'44"E 72.00' ST. . ., 00 - - - - - - - SCALE: 1 =1 This Plat is Solely an Aid in Locating .the Parcel(s) Described in the Attoched Document. P'REPARFD eY: CPTY OF SAN BBRNARDDiO Vlil$Y YONICIPAL IIATRR DISTRICT EXHIBIT I e~c~ SOUTH PIPELINE BASELINE FEEDER EXTENSION , j~ '~'~T '»°°"'°"""° PIPELINE EASEMENT fi 3607 Unn°eily M..• Airemide, G. 97501 •909-681-6900 A.P.N. 0278-191-30 1J yon: 1'-100' DATE: ~ ~ DARN HY:1~ CHECKED BY:FAE 1r.0.: 894-4 ~T 1 OP 1 VICINITY MAP ..~ BASELINE FEEDER EXTENSION, SOUTH PIPELINE ~ti ~ L~„~ PIPELINE EASEMENT A.P.N. 0278-19130 LN