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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Water
R'" q'A' L
o li\.~di.'
Subject: Sale of Water Department
Property in Devil Canyon
From: Bernard C. Kersey
Date: June 3, 2002
MICC Meeting Date: June 17, 2002
Synopsis of Previous Council Action:
None.
Recommended Motion:
Adopt resolution.
Contact person: Bernard C KerAey
Phone: (909) 384-5091
Supporting data attached:
Yes
Ward: Fifth
FUNDING REQUIREMENTS: Amount: NIA
Source: (Acct. No.)
(Acd nAAcriptinn)
Finance:
Council Notes:
\26'&0.... C)tj::JC) -, b ~
Agenda Item No.
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Staff Report for Mayor and Common Council
Sale of Water Department Property in Devil Canyon
06/04/02
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject: Sale of Water Department Property in Devil Canyon
Background: The Water Department acquired property in Devil Canyon in the 1920s and an
additional 40-acre parcel in the 1970s for development of water and for watershed protection.
A portion of the property is under agreement with the San Bernardino County Flood Control
District for water spreading basins and another portion was sold to the State of California when
the Devil Canyon Power Plant was constructed. The power plant, penstock, and discharge
pipelines are a part ofthe extension of the State Water Project.
The Water Department executed a permit for additional property, below the plant, penstock and
discharge pipelines, with the State of California Department of Water Resources (DWR) in 1988
for the purpose of constructing the Devil Canyon Power Plant Enlargement. The permit was
subject to three subsequent amendments, which gave them rights of access and entry to the
properties commonly known as parcels EBE-68 and EBE-78. In 1993, the Metropolitan Water
District offered to purchase permanent and temporary easements for portions of our property in
Devil Canyon for their Inland Feeder pipeline. Their offer was $3000 per acre for a permanent
easement. Reportedly, this reflected a fair market value of $10,000 per acre.
Beginning in April 1997, the DWR approached the Water Department, with the intent of
purchasing EBE-68 and portions ofEBE-78. However, their initial offers were at $500 per acre.
We have asked two different appraisers to offer their opinions regarding a fair market value for
the properties. Initially, Hill and Associates valued the parcels in the $10,000 per acre range
(this was in 1995). However, a subsequent evaluator in 1999 opined that a reasonable price for
the property might be in the range of $2200 - $2300 per acre.
On April 23, 2002, Allan T. Davis, DWR's Senior Land Agent, and Michael 1. Allen, DWR's
Associate Land Agent, again met with Water Department staff to discuss this purchase. Mr.
Davis stated that they disagreed with the valuation at $2300 per acre for the EBE-68 parcel,
stating that the many overlapping easements and other encumbrances and uses made the property
less valuable. After a long discussion, and pending Board approval, the following represents the
deal points:
o DWR would obtain fee simple title to 6.74oi in the parcel commonly known as
EBE-78, as described in the legal descriptions attached to the grant deed and as
reflected in the maps provided by DWR, at $2,200 acres, for a total price of
$14,828.00.
'.
Staff Report for Mayor and Common Council
Sale of Water Department PropertY in Devil Canyon
06104102
D DWR would obtain fee simple title to 24.57:1: acres in the parcel commonly
known as EBE-68 Unit A, as described in the legal description attached to the
grant deed and as reflected in the maps provided by DWR, at $1,350 per acre for a
total price of$33,169.00. From that amount, $2,430.00 would be deducted for the
value of a prior acquisition ofa pipeline easement (2 acres x $1,350 x 90"10).
Therefore, the final amount payable on EBE-68 Unit A would be $30,739.00.
o DWR would obtain a perpetual non-exclusive easement to 3.32:1: acres for the
parcel commonly known as EBE-68 Unit B, as described in the legal description
attached to the grant deed and as reflected in the maps provided by DWR, at
$448.00 (3.32:1: acres x 1,350/acre x 10%).
o The total value of the acquisition is $ 46,015.00.
DWR is aware that the EBE-68 Unit A is subject to a San Bernardino County Flood Control
perpetual easement for flood control and water conservation purposes.
The Water Department retains the water rights for the property.
The Board of Water Commissioners approved the sale of the above-referenced property at its
regular meeting on June 4,2002 and recommended transmission of the grant deeds to the Mayor
and Common Council for approval.
Financial Impact:
$46,015.00 to be paid to the Water Fund by DWR.
Recommendation:
The Board of Water Commissioners recommends the Mayor and Common Council take the
following actions:
o A motion approving execution by the City of San Bernardino of a Grant Deed for
Parcel No. EBE-68, Units A and B.
o A motion approving execution by the City of San Bernardino of a Grant Deed for
Parcel No. EBE-78.
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~(Q)[?W
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF GRANT DEEDS FOR THE SALE OF
WATER DEPARTMENT PROPERTY LOCATED IN DEVIL CANYON KNOWN AS EBE-68
AND EBE-78.
WHEREAS, the Water Department acquired property in Devil Canyon
in the 1920s and an additional 40-acre parcel in the 1970s for
development of water and for watershed protection; and
WHEREAS, a portion of the property is under agreement with the
San Bernardino County Flood Control District for water spreading
basins and another portion was sold to the State of California when
the Devil Canyon Power Plant was constructed and are a part of the
extension of the State Water Project; and
WHEREAS, the Water Department executed a permit for additional
property with the State of California Department of Water Resources
(DWR) in 1988 for the purpose of constructing the Devil Canyon Power
Plant Enlargement, which was subject to three subsequent amendments,
giving them rights of access and entry to the properties commonly
known as parcels EBE-68 and EBE-78; and
WHEREAS, the DWR has made an offer to the Water Department for
the purchase of property known as EBE-68 and portions of EBE-78; and
WHEREAS, the offer represents the fair market value of the
property known as EBE-68 and EBE-78; and
WHEREAS,
the Water Department
retains
all water rights
associated with the properties; and
WHEREAS, the Board of Water Commissioners has approved the sale
of the above-referenced property, for the price of $46,015.00
(Forty-Six Thousand, Fifteen and 00/100 Dollars), at its regular
meeting on June 4, 2002 and executed the right-of-way contract.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF GRANT DEEDS FOR THE SALE OF WATER DEPARTMENT PROPERTY LOCATED IN DEVIL CANYON
KNOWN AS EBE-68 AND EBE-78.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The City of San Bernardino hereby grants to the
State of California Department of Water Resources property known as
EBE-68 Units A and B, and EBE-78, as set forth in the legal
descriptions in the respective grant deeds (Exhibits 1 and 2)
attached hereto and incorporated herein by reference as though fully
set forth at length herein for a total value of $46,015.00 for the
acquisition.
SECTION 2.
The Water Department retains the water rights
for the property.
The Authorizations to execute the above referenced Grant Deeds
and Right of Way Contract are rescinded if the parties to the
agreements fail to execute them within sixty (60) days of the
passage of this Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF GRANT DEEDS FOR THE SALE OF WATER DEPARTMENT PROPERTY LOCATED IN DEVIL CANYON
KNOWN AS EBE-58 AND EBE-7B.
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
2002, by the following vote to wit:
day of
Judith Valles, Mayor
City of San Bernardino
Approved as to form
and legal cOlitent:
JAMES F. PENMAN
City Attorney
.
Page 3 of 3
RECORDING REQUESTED BY
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WHEN RECORDED MAIL TO:
DEPARTMENT OF WATER RESOURCES
Division of Laud and Riahl of Way
Reo) Estate Bnnch
1416 9th Street, Room 425
Sacramento, California 95814
GRANT DEED
(CORPORATION)
SPACB DOVB TIllS IolJIB FOil aCORDBIl'S USB -
CALIFORNIA AQUEDUCT
EAST BRANCH ENLARGEMENT
Project MOJAVE DIVISION
Parcel No.
EBE-68
CITY OF SAN BERNARDINO
---
a corporation, organized and existing under and by virtue of the laws of the State of
does hereby GRANT to the STATE OF CALlFORNIA all that real property in the
County of
San Bernardino
, State of California, identified in the records of the
Department of Water Resources as:
DWR Parcel No.
AI!ll!
Estate
EBE-68 Unit A
EBE-68 Unit B
24.57 acres
Fee
3.32 acres
Easement
described as follows:
Gf!rG;-1 N AI.,.
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(In the event of any discrepancy between the above identification and the rel
property described will control.)
DWR 547-CP (Rev. 7/94)
Pagel
OCT
/".-.
EBE-68
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That portion of the land described in the deed to the CITY OF SAN
BERNARDINO, recorded June 30, 1921, Book 724 of Deeds, Page 8, Official
Records of San Bernardino County, being a portion of Rancho Muscupiabe, City
of San Bernardino, County of San Bernardino, State of California, described as
follows:
UNIT A
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BEGINNING at a 4-inch square iron pipe as per Record of Survey
18/36, also being Corner Number 24 of said Rancho Muscupiabe and also
described as Corner Number 11 in PARCEL ONE of said deed;
THENCE FROM SAID POINT OF BEGINNING along the line between Corner
Number 11 and Corner Number 10 in said deed South 740 39' 33" East
291.65 feet to said Corner No. 10;
thence along the line between Corner Number 10 and Corner Number 9
in said deed South 110 49' 59" West 603.36 feet;
thence EAST 1099.65 feet;
thence NORTH 921.59 feet to the Southeasterly extension of the line
described as "North 500 43' 00" West 28.42 feet" in UNIT A,
3-1962-I, of the deed to the State of California, recorded
August 27, 1974, Book 8503, Page 1, Official Records of said
County;
thence along said Southeasterly extension North 500 43' 00" West
129.40 feet to the Northeasterly terminus of the line
described as "North 11 0 38' 00" East 69.43 feet" in said UNIT A;
thence along the Southerly line of said UNIT A the following 7 Courses:
(1) South 11" 38' 00" West 69.43 feet;
(2) South 280 04' 00" West 34.00 feet;
(3) South 410 11' 00" West 106.30 feet;
(4) WEST 350.00 feet;
(5) North 440 14' 00" West 265.19 feet;
(6) North 060 00' 00" East 191.05 feet; and
(7) North 830 27' 00" West 271.16 feet to the Westerly line
of the parcel of land described in said deed to the City of
San Bernardino;
thence along said Westerly line South 250 36' 35" West 630.73 feet
to the Point of Beginning.
EXCEPTING THEREFROM the above described property, all subsurface
water, and all oil, oil rights, natural gas, natural gas rights and other
hydrocarbons, by whatsoever name known, and all other minerals and mineral
rights, whether or not similar to those herein mentioned (including the right
to drill, mine, explore and pperation under and through the herein described
land for the purpose of extracting and producing oil, gas and other
hydrocarbons, by whatsoever name known, and all other minerals, whether or not
similar to those herein mentioned, from other lands); provided that owner, his
successors or assigns, shall not drill, mine, explore or otherwise operate
upon, in or through the surface or upper 300 feet of the subsurface of the
lands herein described, in the exercise of any of the herein excepted rights.
Containing an area of 24.57 acres, more or less.
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UNIT B
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A perpetual nonexclusive easement and right of way to construct,
reconstruct, operate, maintain, and use an existing access and service road
over, through, and across that portion of said Rancho Muscupiabe included
within the sidelines of a strip of land 40.00 feet in width, measured at right
angles to an lying 20.00 feet on each side of the following described
centerline:
That portion of Section 5 and that portion of Secton 6, both in
Township 1 North, Range 4 West, San Bernardino Meridian, according to the
Official Plat thereof and that portion of Rancho Muscupiabe, all in San
Bernardino County, State of California, described as follows:
A strip of land of the uniform width of 40.00 feet along an
existing paved road, extending from the Southerly boundary of that certain
land described as "PARCEL 1" in that document recorded May 25, 1967, Book
6826, Page 86, Official Records of said County, and extending to a point
within that certain parcel described as "Unit Oil in that document recorded
August 27, 1974, Book 8503, Page 1, Official Records of said County, the
centerline of said 40.00 foot wide strip being described as follows:
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COMMENCING at the Southerly end of that course described as South
000 OQ' 00" East 200.00 feet, as described in said "PARCEL I";
thence continuing along the boundary of said "PARCEL 1" South 900 00' 00"
East 74.41 feet distant to the true point of beginning of the centerline
of said 40.00 foot wide strip;
thence leaving said "PARCEL 1" boundary and along said centerline on a curve
to the left from a tangent bearing of South 080 33' 37" East having
a radius of 800.00 feet through a central angle of 050 09' 11", an
arc distance of 71.95 feet;
thence South 130 42' 48" East 249.54 feet;
thence on a tangent curve to the left having a radius of 1200.00 feet, through
a central angle of 070 17' 33", an arc distance of 152.73 feet;
thence South 210 00' 21" East 93.32 feet;
thence on a tangent curve to the right having a radius of 1000.00 feet,
through a central angle of 080 40' 49", an arc distance of 151.50 feet;
thence South 120 19' 31" East 691.47 feet;
thence on a tangent curve to the right having a radius of 1229.75 feet,
through a central angle of 270 41' 06", an arc distance of 594.21 feet;
thence South 150 21' 33" West 321.96 feet;
thence on a tangent curve to the left having a radius of 200.00 feet, through
a central angle of 190 22' 03", an arc distance of 67.60 feet;
thence South 040 00' 28" East 220.26 feet;
thence on a tangent curve to the left having a radius of 500.00 feet, through
a central angle of 060 30' 00", an arc distance of 56.72 feet;
thence South 100 30' 28" East 243.76 feet;
thence on a tangent curve to the right having a radius of 500.00 feet,
through a central angle of 060 30' 00", an arc distance of 56.72 feet;
thence South 040 00' 28" East 643.58 feet, more or less, to the end of the
herein described centerline.
J"""'~
The terminal point of said centerline of the 40.00 foot wide strip
from which a 3/4-inch iron pipe with brass plug marked "S2-11" bears the
following two courses:
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(1)
(2)
North 850 59' 32" East 30.00 feet to a point on the Easterly
boundary of said "Unit 0";
Along said Easterly boundary line North 040 DO' 28" West 790.59
feet distant.
Containing 3.32 acres, more or less.
Bearings and distances used in the above description are based on
the California Coordinate System, Zone 5, 1927.
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OCT 0 3 2000
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\... IN WITNESS WHEREOF. said corporatiol1 has caused ils corporJle l1ame to be hereunto subscribed and its corporate seal to
be affixed herelo. this
day of
.20
By
City of San Bernardino, Mayor
[[Corporate Seal]] By
City Clerk
By
City Attorney
ST ATE OF CALIFORNIA
COWlt Y of
} SS.
On
.20
before me
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is! are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
\"... person(s) acteci executed the instrument.
WITNESS my hand and official seal.
(Seal)
NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA
(CER.-JFICATE OF ACCEPTANCE, GOVERNMENT CODE, SECTtON 27181)
This Is To Certify, That the State of Cali fomi a, grantee herein, acting by and through the Department of water Resources, hereby accepts for public purposes
the real property, or interest therein, described in the within deed and consents to the recordation thereof
In Witness Whereof. I have her~Wlto set my hand this
day of
,20 .
Director of Water Resources
Bv
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Attorney in Fact
Pag<;: _
O\\'R '::;..17_,P/I\ R(',- 17ftp\
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(CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE, SECTION 27281)
This Is To Certify, That the State of California, grantee herein, acting by and through the Department of water Resources, hereby accepts for public pUlT'oses
the real property, or interest therein, described in the within deed and consents to the recordation thereof.
In Witness Whereof, I have hereunto set my hand this
day of
,20_
Director of Water Resources
By
Anomey in Fact
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LEGEND
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PROP(RTYLIN(-
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AS DESCIII~[l>
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
DEPARTMENT OF WATER RESOURCES
DivWOD of I..IDd IIId Ript of Way
Real EItate Bruch
1416 9th Street, Room 425
S&cramel1Io, California 95814
SPACE ABOVB TIllS LI!lll FOR RBCOIUlI!:R' S USB _
CALIFORNIA AQUEDUCT
EAST BRANCH ENLARGEMENT
Projcct MOJAVE DIVISION
GRANT DEED
(CORPORA nON)
Parcel No. EBE-78
CITY OF SAN BERNARDINO
a corporation, organized and existing under IIId by virtue of the laws of the Slate of
does hereby GRANT to the STATE OF CALIFORNIA all that real property in the
,
County of
Department of Water Resources u:
San Bernardino
; Slate of California, identified in the records of the
DWR Parcel No.
~
~
EBE-78
6.74 acres
Fee
described as follows:
,.
(In the event of any discrepancy between the above identification and the real property described herein, the real
prope~ described wiU control.)
nDletMAI
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EBE-78
All that portion of Government Lot 2, Section 6, Township 1 North,
Range 4 West, San Bernardino Meridian, City of San Bernardino, County of San
Bernardino, State of California, according to the Official Government Plat
thereof, described as follows:
BEGINNING at the Southwesterly corner of said Lot 2;
thence North 000 27' 58" West 316.95 feet along the Westerly line of said
Lot 2;
thence leaving said Westerly line the following 4 courses:
(1) South 700 21' 22" East 280.43 feet;
(2) North 840 52' 35" East 447.64 feet;
(3) South 760 41' 56" East 298.86 feet; and
(4) North 850 05'.23" East 268.99 feet to the Easterly line
of said Lot 2;
thence South 000 27' 58" East 205.74 feet along said Easterly line to the
Southeasterly corner of said Lot 2;
thence South 890 29' 42" West 1267.94 feet, more or less, along the South
line of said Lot 2 to the Point of Beginning.
Containing 6.74
more or less.
.
-
'--' IN WITNESS WHEREOF. said corporation has caused its corporate name to be hereunto subscribed and ilS corporate scalIa
be affixed hereto. this
day of
.20
By
,
City of San Bernardino, Mayor
[[Corporate Seal]] By
City Clerk
By
City Attorney
STATE OF CALIFORNIA
COWl!)' of
} SS.
On
,20 . 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 "ithin instrument and acknowledged to me that he/shelthey executed the same in hislher/their authorized
eapacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person( s) acted, executed the instrument.
WITNESS my hand and official seal.
(Seal)
NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA
(CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE, SECTION 27281)
This Is To Certify, That the State ofCalifomia, grantee herein, acting by and through the Department of water Resources, hereby accepts for public purposes
the real property, or interest therein, desaibed in the within deed and consents to the recordation thereof
In Witness \\'hereof, I have hereunto set. my hand this
day of
,20_"
Director of Water Resources
By
-
"-
Anomey in Fad.
Page ~_
r\H'n ~ ,... ........,., ....
.
,--
'-
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(CERTlFlCA TE OF ACCEPTANCE, GOVER:\_\IENT CODE, SECTION 27281)
This Is To Certify, That the State of Cali fomi a, grantee herein, acting by and through the Dcpanmcnt ofwaler Resources, hereby accepts for public purposes
the real property, or interest therein, described in the within deed and consents to the recordation thereof.
In Witness Whereof, J have hereunto set my hand this
dayer
,20_
Director of Water Resources
By
Attorney in Fact
........' '"'". "''--' ~, ......, ..,...", '-" "........J............, H........,,",
""" ,..."':,UUO'-<::'" ,..."';;!'-',,
.-
Grantor: City of San Bernardino
Municipal Water District
Project:
East Branch Enlargement
Devil Canyon Second Afterbay
EBE-68 (Unit A and B) and EBE-78
'-'
DWR Parcel No.:
RIGHT OF WAY CONTRACT
Document No. EBE-68 and EBE-78 in the form of a Grant Deed and Easement Deed covering that property
particularly described in the above instrument has been executed and delivered to Michael Allen, Associate Land Agent
for the Department of Water Resources of the State of California, hereinafter referred to as STATE.
In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows:
1.
a.
The parties have set forth herein the whole of their agreement. The performance of this agreement
constitutes the entire consideration for said document and shall relieve STATE of all further obligation or
claims on this account, or on account of the location, grade or construction of the proposed public
improvement.
b. STATE requires Parcel No(s).EBE-68 and -78, a public use for which STATE may exercise the power of
eminent domain. GRANTOR is compelled to sell, and STATE is compelled to acquire said Parcel(s).
Both GRANTOR and STATE recognize the expense, time, effort, and risk to both GRANTOR and STATE
in determining the compensation for said Parcel(s) by eminent domain litigation; and the compensation
set forth herein for said Parcel(s) is in compromise and settlement in lieu of such litigation.
2. The STATE shall:
\""....
a.
Pay the undersigned GRANTOR the sum of $46,015 for the property or interest conveyed by above
document(s) when title to said property vests in STATE free and clear of all liens, encumbrances,
assessments, easements, leases (recorded and/or unrecorded), and taxes, except:
(1) Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner
required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow.
(2) Covenants, conditions, restrictions and reservations of record, or contained in the above-
referenced document.
(3) Easements or rights otway over said land for public or quasi-public utility or public purposes, if
any.
b. Pay all expenses incidental to and necessarily incurred tor the conveyance of the real property to STATE,
including but not limited to recording fees, title insurance charges, reconveyance tees, trustee's fees,
forwarding fees and prepayment penalties.
c. Have the authority to deduct and pay from the amount shown on Clause 2.a above, any amount
necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which
this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid
nondelinquent assessments which have become a lien at the close of escrow.
3.
Any or all moneys payable under this contract, up to and including the total amount of unpaid principal and
interest on notes(s) secured by mortgage(s) or deed(s) of trust, if any and all other amounts due and payable in
accordance with the terms and conditions of said trust deed(s) or mortgages(s) shall, upon demand(s), be made
payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) to
furnish GRANTOR with good and sufficient receipt showing said monies credited against the indebtedness
secured by said mortgage(s) or deed(s) of trust.
.~-~
'-
RWr: fR,<>v q/qq\
.
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4.
Title to said property shall pass immediately upon ClOSE of escrovl The issuance of any escrow instructions shall
be the sole responsibility of STATE
GRANTOR warrants that there are no oral or written leases on all or any portion of the property exceeding a
period of one month. GRANTOR further agrees to protect, defend, indemnify and hold harmless STATE and
reimburse STATE for any and all of its losses and expenses occasioned by reason of any lease of said property
held by any tenant of the GRANTOR for a period exceeding one month, except as may be otherwise provided
herein.
6. The undersigned GRANTOR hereby agrees and consents to the dismissal of any eminent domain action in the
Superior Court wherein the herein described land is included and also waives any and all claims to any money
that may now be on deposit in said action.
7. To the best of GRANTOR's knowledge and after reasonable inquiry, GRANTOR represents and warrants the
following:
During GRANTOR's ownership of the property, there have been no disposal, releases, or threatened releases of
hazardous substances on, from, or under the property. GRANTOR further represents and warrants that
GRANTOR has no knowledge of disposal, release, or threatened release of hazardous substances on, from, or
under the property which may have occurred prior to GRANTOR taking title to the property.
There is no pending claim, lawsuit, agency proceeding, or any administrative challenge conceming the presence
or use of hazardous substances on the property.
GRANTOR has not used the property for any industrial operations that use hazardous substances, GRANTOR is
not aware of any such prior use of the property. GRANTOR has not installed any underground storage tanks,
aboveground storage tanks, barrels, sumps, impoundments or other containers used to contain hazardous
substances on any part of the property. GRANTOR is not aware of any such prior installations.
For the purposes of this paragraph, the term "hazardous substances" shall mean any substance which at any
time shall be listed as "hazardous" or "toxic" in the regulations implementing the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA) (42 USC 96901, et seq.), or other federal or STATE law, or
any other substance, chemical, material or waste product whose presence, nature or quality is potentially injurious
to public health, safety, welfare, the environment or the property. The term "reasonable inquiry" shall mean a
thorough examination of the property and all records of the property, and any examination that GRANTOR was
legally obligated to conduct as a result of any judicial or administrative order, or federal or STATE law.
The acquisition price of the property being acquired refiects the fair market value of the property without the
presence of hazardous substances, If the property being acquired is found to be contaminated by a hazardous
substance which may require remediation under federal or STATE law, STATE may elect to recover its clean-up
costs from those who caused, contributed to, or otherwise are legally responsible for the contamination.
8. This contract may be modified, changed or rescinded only by an ir,3tnument in writing executed by the parties
hereto.
RWC (Rev. 9/99)
-
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/_.
'-
The foregoing representations and warranties shall survive the close of escrow and shall remain In full force and effect Ie
the duration of this easement and shall accrue for the benefit of STATE and Its successors and assigns
This contract is subject to the approval of the State of California
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN SHALL BE RECOGNIZED.
IN WITNESS WHEREOF, the parties have executed this contract
GRANTOR: City of San Bernardino
~~~
Date b~h"Z-
/
.~~~
Date: ~ - If - 0 2
CONSENT OF TENANTS
We, the Tenants of land described in this contract and/or said deed under lease with lessor, whose name i
subscribed to this contract as GRANTOR, do hereby consent to the execution of said contract and agree that all monie,
payable shall be paid to said GRANTOR as herein set forth.
.
.
Date:
Date:
THE DEPARTMENT OF WATER RESOURCES of the State of California
RECOMMENDED FOR APPROVAL:
APPROVED:
.
Leroy Ellinghouse, Associate Land Agent
.
Frank L Conti, Chief
Division of Land and Right of Way
.
Allan Davis. Senior Land Agent
Date:
.
James P. Schindler, Chief
Real Estate Branch
RWC (Rev. 9/99)
P::lnF' ':I, nf ':I,
. ,
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted):
Vote: Ayes \ -y
.
/~-n-()p
I ~ + '7 Nays
d.J
Item #
-a-
Abstain
Change to motion to amend original documents:
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: I " - \ <;( - O---.r-
Date of Mayor's Signature: c" ~-a B-
Date ofClerk/CDC Signature: 0--00 -Od'-
Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on a :
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 Perso.nnel 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
Notes:
Resolution #
J..{X),;} - /t/:;
Absent 5
..e-
NullNoid After:' U n d~ I 15-/t 0 -O;;z
By:
Reso. Log Updated:
Seal Impressed:
./
./
Date Returned: -
Yes ..;
No
By_
By_
By_
By_
By_
Yes
Yes
Yes
Yes
::1'
No
No
EDA
./
Finance
fii
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: ~
Date: (l"-d[;-~2
Revised 01/12/01
Oversized
Map
Attached to
Original
Backup