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'CITY OF SAN BERNCRDINO - REQUEST OR COUNCIL ACTIOII.
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FnNn: Bernard C. Kersey, Ex-Officio Secr~D.~~~. '~ptance of Land Patent
United States
Dept: Board of Water COllDllissioners 1989 MAR 23 PM 3= 52
DItlI: March 9, 1989
from the
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Synopsis of Previous Council action:
Resolution No. 86-73 - Resolution approving and ratifying the execution
of a Certificate of Eligibility for the purchase of land from the Bureau
.of Land Management for the Water Department (Located in the Verdemont
area adjacent to Devil Canyon).
Recommended motion:
Adopt Resolution
Signature
Contact penon:
Bernard C. Kersev
Phone: 384-5393
Supporting data atteched:
FUNDING REQUIREMENTS:
Yes
Ward:
5
Amount: $30.050.00
Sourca: (Acct. No.1 Water Fund
(Acct. Descriotionl
Financa: N/A
Council Notes:
4..u.nrl. I+Ar'r'l N,." ~ J
. CITY OF SAN BER~RDINO - REQUEST ~ COUNCIL ACTION
STAFF REPORT
On September 12, 1984, the Water Department matched the
highest bid for public land offered for sale through the
Bureau of Land Management. The property is a forty (40) acre
parcel of land adjacent to the Water Department's Devil
Canyon property, and is at the proper elevation for a water
storage reservoir to serve our 2300' elevation water zone.
The property acquisition also provides an additional buffer
to protect the Devil Canyon watershed. The purchase price of
the parcel was $30,000.00 plus $50.00 for the mineral rights.
This property is adjacent to property owned by the State of
California, which they are proposing to use an as afterbay
for the Devil Canyon Powerplant. There are currently no
access roads to the forty (40) acre parcel. The Water
Department has not determined the size or type of water
storage reservoir for this site.
Processing the patent for the disposal of the property was
delayed from 1984 until now, due to a lawsuit filed against
the Department of Interior for alleged violations of several
Federal requirements. The lawsuit was settled in December,
1988, and the patent was received February 24, 1989.
It is recommended that the patent be accepted and dedicated
for Water Department use.
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RESOLUTION NO. ___~___
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF, THE CITY OF
SAN BERNARDINO, A MUNICIPAL CORPORATION, ACCEPTING A LAND PATENT
FROM THE'UNITED STATES DEPARTMENT OF INTERIOR.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
EiBCnOlLl...
That the City of San Bernardino does hereby
accept a Land Patent from the United States for the real proper-
ty described as follows:
SAN BERNARDINO MERIDIAN, CALIFORNIA
T.l N., R. 4 W., SEC. 6, LOT 2.
CONTAINING 40 ACRES
Acquisition and acceptance of said patent are necessary for
a future reservoir site and protection of the Devil Canyon
Watershed.
Ei!CflOlL2...
That a copy of the Land Patent is attached
hereto marked Exhibit nAn, and made a part hereof as fully as
though set forth at length herein.
Ei!CflOl!L.3....
That all property affected by this transaction
will be dedicated for Water Department'use.
BE IT FURTHER RESOLVED that a copy of this Resolution be
attached to said Land Patent, and that the same be recorded in
the Office of the County Recorder of San Bernardino County.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a ____________________ meeting thereof held on
the _______day of ________________, 1989 by the following vote
to wit:
AYES: Council Members: _________________________________
--------------------------------------------------
NAYS:
--------------------------------------------------
ABSENT:_________________________________________________-
SHAUNA CLARK, CITY CLERK
The foregoing Resolution is hereby approved this ________
day of ___________, 1989.
----------------------------------
EVLYN WILCOX, MAYOR
CITY OF SAN BERNARDINO
APPROVED AS TO FORM
AND LEGAL CONTENT:
PARCEL ACQUIRED rR<It U. S. GOVIRNHl!NT
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STAT! or CALIr.
l'ROPIRTY
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8lIGIl 261
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CITY OF SAN BERNARDINO
MUNICIPAL WRER DEPARTMENT
ACQUISITION or 40 ACRE PARCEL lRa{
u. S. GOVEllNHEIlT
T.l.N., R.4W., SEC. 6, LOT 2
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. FormlHM ~t 1Jnittb 6tatt' of ~tita
gwmi"lb. CACA lS36~.U lDlDlJom Itlt't prrft\1tf 4111 CIIIlt.'lfrttll..:
WRRR'RAR,
City of San Bernardino, a lIUI1idpal corporation
ia entitled to a land patent pursuant to Sec. 203 of the Act of October 21.
1976 (43 U.S.C. 1713). for the following described land:
San Bernardino Meridian. California
T. 1 R.. Il. 4 W..
sec. 6, lot 2.
Contaiu1ua 40 acre..
ROW DOW YE, that there ia. therefore. granted by the UNITED STATlS unto
the City of San Bernardino. a lIUI1idpal corporation, the laud described above;
TO HAVE AND TO BOLD the said land with all the rights, privileges. i.-nlnitiea.
aud appurtenances, of whataoever nature, thereunto belouaiua, unto the City of
San Bernardino. a IIUnicipal corporation. aud to its auccaasora and aasipa, .
forever.
EXCEPTING AND IlESEB.VIRG TO THE UNITED STATlS:
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1. A risht-of-way thereon for ditches or canala couatructed by the
authority of tbe United Statea. Act of Auguat 30, 1890 (43 U.S.C.
945) .
2. (a) All the geothermal steaa aud asaociated seothermal resourcea in
the land so patented subject to disposition under the
Geothermal Ste.. Act.
04-89=0031
PaIlDI Number
EXHIBIT "A"
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V
!fpnn 186().10
(lSeplember 1985}
Serial Ho.
Patent NllDlber
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CACA 15367
(b) The United States reserves to itself, its perBittees,
licensees, and lessees, the right to prospect for, aine and
remove the geothermal steam act and associated geothermal
resources owned by the United States under applicable law and
such regulations as the Secretary of the Interior may
prescribe. This reservation includes all necessary and
incidental activities conducted in accordance with the
provisions of the geothermal leasing laws in effect at the tiae
such activities are undertaken, including, without limitation,
necessary access and exit rights, all drilling and storage and
transportation facilities deemed necessary and authorized under
law and implementing regulations.
(c) Unless otherwise provided by separate agreement with the
surface owner, permittees, licensees, and lessees of the
United States shall reclaim disturbed areas to the extent
prescribed by regulations issued by the Secretary of the
Interior.
(d)
All causes of action brought to enforce the rights of
the surface owner under the regulations above referred
to shall be instituted against perRittees, licensees,
and lessees of the United States; and the United States
shall not be liable for the acts or omissions of .its
permittees, licensees, and lessees.
(SEAL]
III TurnMOIlY WHEREOF, the undeniped authorized oftieer of the
B_uofLand M_ent, in acconlallce with thepnwiaioaa
of the AetofJune 17, 1948 (82 Stet. 476l,haa, in the name of the
United Stalee, caueed th_Iettero to be made Patent, and the
Seal of the B_u to be hereunto affixed.
04-89:.:-0031
GIVEII under my hand, in Sacrament~.! California .
the SEVENTEENTH day of PEBRUAKY in the year
of our Lord one thouaand nine hundnd and EIGHTY-HIllE
and of the Independence of the United Stalee the two haDCING
an~THIR~. . Af.,
Chief, Laif:;trJion
California State Office
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