Loading...
HomeMy WebLinkAbout25-Water Department Cn:V OF SAN BERNARDINO - REGlUEST FOR COUNCIL ACTION , Dept: Water o i<~ : "..... ~ L Subject: A Resolution Of The Mayor And Common Council Of The City Of San Bernardino Approving A Quitclaim Deed to the State of California for a Portion of Easement Rights for Water Line Purposes as described in that Certain Agreement and Grant of Easement Recorded on March 16, 1965 in Book 6589 at Page 451 of Official Records of San Bemardino County. From: Bernard C. Kersey, General Manager Date: October 7, 2002 Synopsis of Previous Council Action: Unknown Recommended motion: Adopt Resolution 'gnature Contact person: Bernard C. Kersey. General Manaaer Phone: 384-5091 Supporting data attached: Yes Ward: 5 FUNDING REQUIREMENTS: Amount: N/A Source:(Accl. No.) Water Department (Accl. Description) Finance: Council Notes: \2.ESo ~ ::l ()(') ? - 3;)~ 10 /11 D~ Agenda Item No..J5 75-0262 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: California State University San Bernardino (CSUSB) Relocation of Water Facilities to Accommodate Dormitory Construction. BACKGROUND: In October of 2000, California State University San Bernardino (CSUSB) contacted the San Bernardino Municipal Water Department (SBMWD) regarding a conflict between the alignments of the existing 16" steel main that runs through the CSUSB campus and some dormitories that were currently under construction. SBMWD Engineering staff immediately responded by meeting with CSUSB and their Engineer (Associated Engineers) to find a solution to the conflict. SBMWD staff fast tracked a plan and CSUSB hired a contractor to relocate a portion of the existing water main to avoid the building footprint. In an effort to avoid delay claims against CSUSB, SBMWD agreed to proceed without a contractor-installed agreement and loaned the college the materials to start construction. The loan was to be paid back in-kind with similar materials once it could be shipped from the East Coast. CSUSB complied with all of SBMWD's requests and paid all fees. The main relocation was completed by November 2000. Over the next eight months, SBMWD, Associated Engineers, and CSUSB staff worked to develop easement documents to cover the newly installed water facilities. These documents were completed and the Board of Water Commissioners approved them on September 4, 2001. Within one week of the Board's approval, staff was again contacted by CSUSB staff and was notified of additional water main relocations that were necessary for a second dormitory that was under design. Staff prepared the cost estimate for the relocation of the portion of the new main in conflict with the proposed second building. CSUSB paid all SBMWD fees and relocation costs and SBMWD crews installed the offset in January 2002. In light of this new information, SBMWD staff and management chose not to record the Board-approved documents but rather to include the new alignment in the easement and revise and resubmit the documents. SBMWD staff has been working to finalize a new easement document (TLR No. SB 01-02). CSUSB and SBMWD staff and management have negotiated easement terms and conditions that are acceptable to both parties. A portion of the existing water line easement granted to the City by the State of California in 1965 passes under the newly constructed dormitories. That portion of the existing easement needs to be quitclaimed back to the State of California FINANCIAL IMPACT: None RECOMMENDATION: Adopt a resolution approving a Quitclaim Deed to the State of California. 1 ,- 2 - 3 4 5 6 7 8 9 10 11 12 13 14 C 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C ~(Q)~)l ~ RESOLUTION NO. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A QUITCLAIM DEED TO THE STATE OF CALIFORNIA FOR A PORTION OF EASEMENT RIGHTS FOR WATER LINE PURPOSES AS DESCRIBED IN THAT CERTAIN AGREEMENT AND GRANT OF EASEMENT RECORDED ON MARCH 16, 1965 IN BOOK 6589 AT PAGE 451 OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY. WHEREAS, the City of San Bernardino has an Agreement and Grant of Easement from the State of California for water line purposes recorded on March 16, 1965 in Book 6589 at Page 451 of Official Records of San Bernardino County; and WHEREAS, the State of California requires relocation of the water line in a portion of the Grant of Easement and has paid for the relocation and suitable location of a new water line easement and paid for all of the relocation expense. 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 a Quitclaim Deed to the State of California for a portion of an easement for water line purposes, as described in that certain Agreement and Grant of Easement recorded on March 16, 1965 in Book 6589 at Page 451 of Official Records of San Bernardino County. SECTION TWO: That the said Quitclaim Deed referred to herein, a copy of which is attached hereto, marked Exhibit "1", and hereby referred to and made a part hereof as fully as though set forth at length herein, "is hereby approved. SECTION THREE: That the Mayor and City Clerk of the City of San Bernardino are hereby authorized and directed to execute said Quitclaim Deed on behalf of the City of San Bernardino. 10/7/02 No. J.5 J D /1' OJ- Page 1 of 2 6 7 8 9 COUNCIL MEMBERS 10 ESTRADA 11 LIEN 12 MCGINNIS . 13 DERRY 14 SUAREZ C15 ANDERSON 16 MCCAMMACK 17 1 C2 28 C A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A QUITCLAIM DEED TO THE STATE OF CALIFORNIA FOR A PORTION OF EASEMENT RIGHTS FOR WATER LINE PURPOSES AS DESCRIBED IN THAT CERTAIN AGREEMENT AND GRANT OF EASEMENT RECORDED ON MARCH 16, 1965 IN BOOK 6589 AT PAGE 451 OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted 5 by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held the day of on , 2002, by the following vote to wit: AYES NAYS ABSENT ABSTAIN 18 19 Rachel Clark, City Clerk 20 The foregoing resolution is hereby approved this _ day of , 2002. 21 22 Judith Valles, Mayor 23 City of San Bernardino 24 APPROVED AS TO FORM AND LEGAL CONTENT: 25 26 JAMES F. PENMAN City Attorney 27 10/7/02 Page 2 of 2 RECORDING REQUESTED BY: and eND WHEN RECORDED MAIL THIS DEED TO: . rustees of the California State University 5500 University Parkway San Bernardino, CA 92L107 (Space above this line for Recorder's use) QUITCLAIM DEED IN CONSIDERA nON .of the public benefit pravided, CITY OF SAN BERNARDINO hereby remises, releases and forever quitclaims ta STATE OF CALIFOR.NIA, all EASEMENT rights far WATER LINE purpases, as described in that certain Agreement and Grant .of Easement recorded an March. 16, 1965, in Baak 6589 at Page 451 .of Official Records .of San Bernardina C.ounty, aver that certain parcel .of land described in Exhibit ':A", attached heretc and by reference made a part hereaf. Dated STATE OF CALIFORNIA COUNTY OF } S.S. On before me, a Notary Public in and for said County and State, 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/shelthey executed the same in hislher/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) acted, executed the instrument. c WITNESS my hand and oHicial seal (This area lor official notarial seal) Signature EXHIBIT "A" Sheet 1 of 4 CITY OF SAN BERNARDINO c QUITCLAIM WATER EASEMENT Being a portion of that certain 20.00 feet wide easement lying within Sections 8 and 17, Township 1 North, Range 4 West, unsurveyed, of the San Bernardino Meridian, Muscupiabe Rancho, defined by extending United States Government Section lines across said Rancho, situated in the County of San Bernardino, State of California, as per plat recorded in Book 1, Page 24, of Maps, in the Office of the County Recorder of said County, as granted to the City of San Bernardino, recorded in Book 6589, Page 451, Official Records in said Office of the County Recorder, more particularly described as follows: A strip of land 20.00 feet wide lying 10.00 feet on each side of the following described centerlline: c Commencing at the intersection of the north-south centerline of Section 8, Township 1 North, Range 4 West, unsurveyed, said Muscupiabe Rancho with the north line of Pioneer Title Insurance and Trust Company Property described in document recorded in Book 3748, Page 26, of Official Records in said Office of the County Recorder, as shown on a Record of Survey filed in Book 21, Pages 98 and 99, of Records of Survey in said Office of the County Recorder; thence South 89' 33' 34" West, 1335.92 feet along said north line to a point of intersection with said centerline of the 20.00 feet wide easement granted to the City of San Bernardino; thence South 55' 01' 09" East, 1381.93 feet along said centerline to the POINT OF BEGINNING, said point of beginning being distant along said centerline South 55' 01' 09" East, 27.53 feet from the centerline of the proposed 20.00 feet wide water easement described below; thence continuing along said centerline of said 20.00 feet wide easement granted to the City of San Bernardino, South 55' 01' 09" East, 672.47 feet to the POINT OF TERMINUS, said point of terminus being distant along said centerline, North 55' 01' 09" West, 14.14 feet from said centerline of said proposed 20.00 feet wide water line easement. The sidelines of said strip shall be prolonged or shortened to terminate on the sidelines of said proposed 20.00 feet water line easement. PROPOSED WATER EASEMENT (FOR REFERENCE ONLY) Being a strip of land 20.00 feet wide lying within Section 17, Township 1 North, Range 4 West, unsurveyed, of the San Bernardino Meridian, Muscupiabe Rancho, defined by extending United States Government Section lines across said Rancho, as per plat recorded in Book 1 of Maps, page 24, Records of San Bernardino County, State of California, the centerline of said strip is more particularly described as follows: c Commencing at the intersection of the north-south centerline of Section 8, Township 1 North, Range 4 West, unsurveyed, said Muscupiabe Rancho and the north line of Pioneer Title Insurance and Trust Company Property described in document recorded in Book 3748, page 26, Official Records of said County, as shown on Record of Survey recorded in Book 21, pages 98 and 99, Records of said County; thence South 89' 33' 34" West, 1335.92 feet along said north line to a point of intersection with said centerline of the 20.00 feet wide easement granted to the City of San Bernardino recorded in Book 6589, page 451, Official Records of said County; thence South 55' 01' 09" East, 1354.40 feet along said centerline to the POINT OF BEGINNING; thence South 33' 43' 01" East, 49.41 feet to a point hereinafter referred to as "Point A"; thence continuing South 33' 43' 01" East, 102.13 feet to a point hereinafter referred to as "Point B"; thence continuing South 33' 43: 01" East, 18.08 M:\CSUSB\OOO70\QUITCLAIM WTR ESMTI.DOC EXHIBIT "A" Sheet 2 of 4 c feet; thence South 11029' 56" West, 126.91 feet to a point hereinafter referred to as "Point C"; thence continuing South 110 29' 56" West, 5.12 feet; thence South 330 30' 04" East, 24.00 feet; thence South 560 00' 04" East, 160.61 feet; thence South 780 58' 28" East, 44.77 feet to a point hereinafter referred to as "Point D"; thence continuing South 780 58' 28" East, 71.41 feet; thence North 78' 31' 32" East, 14.32 feet; thence North 330 31' 32" East, 90.56 feet to a point hereinafter referred to as "Point E"; thence continuing North 330 31' 32" East, 5.00 feet; thence South 560 19' 50" East, 175.35 feet; thence North 790 58' 51" East, 44.78 feet to a point on said centerline, said point being distant along said centerline, South 550 01' 09" East, 714.14 feet from said point of beginning, said point also being the POINT OF TERMINUS. The sidelines of said strip shall be prolonged or shortened to terminate on the sidelines of said 20.00 feet wide easement conveyed to the City of San Bernardino. Also a 20.00 feet wide strip of land lying 10.00 feet on each side of the following described centerline: B.EGINNING at the hereinabove de~cribed "Point A"; thence South 56016' 59" West, 89.61 feet to the POINT OF TERMINUS; Also a 20.00 feet wide strip of land lying 10.00 feet on each side of the following described centeriine: c BEGINNING at the hereinabove described "Point B"; thence North 560 16' 59" East, 61.14 feet to the POINT OF TERMINUS; Also a 20.00 feet wide strip of land lying 10.00 feet on each side of the following described centeriine: BEGINNING at the hereinabove described "Point C"; thence North 780 30' 02" West, 24.52 feet to the POINT OF TERMINUS; Also a 20.00 feet wide strip of land lying 10.00 feet on each. side of the following described centerline: BEGINNING at the hereinabove described "Point D"; thence South 110 01' 34' West, 17.00 feet to the POINT OF TERMINUS; Also a 20.00 feet wide strip 01 land lying 10.00 feet on each side 01 the following described centerline: BEGINNING at the hereinabove described "Point E"; thence South 56~ 19' 50" East, 23.58 feet to the POINT OF TERMINUS. Refer to Sheet 4 of 4 for a plat depicting the above-described land. c M:\CSUSB\OOO70\QUITCLAIM WTR ESMT2.DOC EXHIBIT "A" Sheet 3 of 4 c This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. c c M:\CSUSB\OOQ70\QurrCLAIM WTR ESMTI.DOC I - b o II -.-'.- 5 l/l I- OJ ::! W <.> Z W ~ 8 u. o I- Z ~ i ~ Z Z Z a ::g u. o !Z .... ~ I 8 NOIl03S 3NI11:l31.N30 Hl.nOS-Hl.I:l0N M"BZ" ~S;,LO.OS w~ ~.... t='" 0:0: tlJdg: N za:. (j) Q~~ " ll. _ I,() u.dN ...., OO({> I"") WI-a:: zCl)z :J~O ;; ~I--Z ... o:"~ .1"") wwO ...., ~~ili ~ g:~!2 !Xl ~iil!l V> z~< . // -o~" / -0 "Y / "- / "'0/ / / / / I. .~./ /~^:l >'"/ /.... v'fi' / co ::'>7 /~ ~/ / 1.6(,,'v / /~... / IN / .," / " /; / / - / \ 1/ / - - 51 / !<lE;:a_ u.<.>a:'" oo~>!: ~~a:~ ::::;!Zwco a:wCC . w::!::i:"" !Zlll"'o wcCu.a: c')uJo~ I!;j:. ~ ~ ~ w , .-:~::~~ ol'l:r i.-,~ ...N .,0 ....,- (I) C\J --' ~ o w ;~I I ,......, '01 II......' ~I.'...'.'.........., I ..,........,............, ,,- \ \ ~ ~ '- ~ ~.~ ~ \ .";> ~- .. ,,'" ". ./ ,'v.~W".. ." ..... . .&'n.' , ...~.., ,g>c ,x. " I' ii.,.....' 11- .J'," <i's- . c'~ "-06' .... <" "" -.J ~j.f'~ ~ 'f'<:" . . -Ii') .'. P ", !i:1 1 ,:::~' 0--' >-.z c 1 w ....._ W t !ilg~~:li . ".1 I ~~ t5~ffi~g '0.'/ 7 V"' r::t:; z CD :>;.. / - I'- Q!:!i!::i:a;o ,'vII...!' -de (I) a:ol-lll",~::g .%~/l'J ,.,,, cCu.woQ7 / a.uJoa.l- <00; /:... \~.... 0:7 / '? \~ _ . j ~N ;...'go -J.6'9Z ~ / ,.&. _ I" ,.,,0/ M:9S:::~- ~ 'V (/ .0;: ,6Z.I(S U1 a: -J -J --' W . I- <.> cC . u. ~-!Z !i: 0 ~!:!i! ~!Z wW cEw ~ffi. - ~~ a:::z: _QW ~:;:; c.w.- wZ ",- ~ffi ~!;( 0.3: ".~ I.&J zO). ~~~~u.J~i'= C2~.p.p~~~""'fDCC~~~,;r:I.&JUJ ~~~~1:l-;"'-;"'~!"F'!"~~~"'''' CD !g !:l !:l !n S i:l ~ ~ :ll ~ ~. ~ -;... ~ ~ V)fJ')(/)!Zz~~::1e~JelDE~~ <I?:Z::Zz~V;~~ w --' CD ~~ w~;:c:;;:~~ NO ~w~~~:a~~~~~~~g~~ ~~ ~_Nd~-~~ . .~ <ONNr--.+~ w z.....~Lt') :J...J ...J~~~~~_~~~lt)CDr-- ...J...J...J...J........- : ...J...J...J I ... I- "- Z 0 W ... :2 w 0 t;; CI) ZW <c I _ W C (I) <c w ~ . z Z I-::i a: CO ffi ~. ::I: I- ~ ~ ~ ~ :2 0 :s ~ ~ 5 o '1 I I (.) -~ c: ~_ 1!! ~ ~ CIl ..ii CIl ~ ~ .5 ~- c: I;; ~ wh ~ ~i CO r- .- ., ~ u ~- g w ~ l/) - <C R . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 10 -f)-Od- Item # {)S Vote: Ayes 1-'1 Nays..Pr Change to motion to amend original documents: - Resolution # {). 00 ~ - 3d ~ Abstain.c.- Absent .e Reso. # On Attachments: - Contract term: - Note on Resolution of Attachment stored separately: -=-- Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY NullNoid After: ~ By: - Pi Date Sent to Mayor: Date of Mayor's Signature: Date of Clerk/CDC Signature: lo-q-o.::>-- iO-\Ci-<:>'d IO-\Ci-<:ld- Reso. Log Updated: ,..,... Seal Impressed: V Date Mem t for Signature: See Attached: See Attached: See Attached: Date Returned: - 60 Day Reminder Letter Sent on 30th day: 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, (2634): Updated CDC Personnel Folders (5557): .........- Updated Traffic Folders (3985, 8234, 655, 92-389): . Yes ./ No By Yes No --.L By Yes No ,/ By Yes No v' . By Yes N07 Copies Distributed to: City Attorney / Parks & Rec. Code Compliance Dev. Services EDA Water /' Finance MIS Police Public Services Others: Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.) Ready to File: ~ Date: It\-! I\---o.:r Revised 01112/01