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HomeMy WebLinkAbout24-Water Department . OR ! 1'\1 II ~ L .... . ,l li~illJii CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: January 29, 2001 Subject: Resolution Granting a Permanent Non-Exclusive Easement and Right-of-Way to the Santa Ana Watershed Project Authority for Construction, Operation and Maintenance of the Santa Ana Regional Interceptor on City-Owned Property. From: Bemard C. Kersey, General Manager Dept: Water Department Synopsis of Previous Council Action: NONE Recommended Motion: ADOPT RESOLUTION J.,,~,.t~~ / Signature Contact person: Bemard C, Kersev Phone: (909) 384-5091 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: NA Source: (Acct. No.) NA (Acct. Description) Finance: Council Notes: Agenda Item No. ;lJ;ii}D J :JJi CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: A Resolution of the Mayor and Common Council of the City of San Bernardino granting a permanent non-exclusive easement and right-of-way to the Santa Ana Watershed Project Authority for the Santa Ana Regional Interceptor Sewer Pipeline across a portion of City owned property. Backl!:round: The cities of San Bernardino and Colton jointly developed, through the Santa Ana Watershed Project Authority (SA WP A), an advanced water reclamation facility known as the Rapid Infiltration Extraction (RIX) Project, The RIX facility is located in the City of Colton east of Riverside Avenue and adjacent to Agua Mansa Road. In order to deliver secondary effluent from the City of San Bernardino Regional Water Reclamation Facility at 399 Chandler Place, over six miles of large diameter pipeline was installed from the City's facility to the RIX site, Concurrent with the installation of the RIX pipeline installation, the Santa Ana Regional Interceptor (SARI), a pipeline to carry non-reclaimable wastewater was installed, The section of the SARI line that SA WP A installed in this reach extended from the San Bernardino Regional Water Reclamation Facility down to approximately the Mission Bridge in the City of Riverside, This extension of the SARI line completed the line so those cities in the upper reaches of the watershed have access to the line. Access to the non-reclaimable waste line is important to certain types of industries and for future desalinization facilities that will be constructed in the upper portions of the watershed to improve water quality. The City of San Bernardino, by and through its Board of Water Commissioners, has purchased two (2) million gallons of capacity in the SARI line for future use. A portion of the RIX and SARI pipelines are installed in city owned property that is adjacent to the Water Reclamation Plant and is currently leased to 1.G, Golfing as part of the San Bernardino Public Golf Course. The lines have been installed, and the legal description for granting a permanent, non-exclusive easement and right-of-way to construct and maintain their pipeline to SA WP A is complete. FINANCIAL IMP ACT: None. RECOMMENDATION: Adopt the resolution granting a permanent non-exclusive easement and right-of-way to the Santa Ana Watershed Project Authority for construction, operation and maintenance of the Santa Ana Regional Interceptor. 1 ,,.. 2 '"", 3 4 5 6 7 ~(Q)~W RESOLUTION NO. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0 SAN BERNARDINO GRANTING A PERMANENT NON-EXCLUSIVE EASEMENT AN RIGHT-OF-WAY TO THE SANTA ANA WATERSHED PROJECT AUTHORITY FO THE SANTA ANA REGIONAL INTERCEPTOR SEWER PIPELINE ACROSS PORTION OF CITY OWNED PROPERTY. WHEREAS, the City of San Bernardino is the owner 8 certain real property located at 399 Chandler Place; and 9 WHEREAS, said property has been dedicated for 10 Department use for sewer purposes, and a portion of the propert 11 is under lease and utilized as a part of the San Bernardin 12 Public Golf Course; and 13 WHEREAS, the Santa Ana Watershed Project Authority has 14 installed a portion of the Santa Ana Regional Interceptor, Co, ." 15 sewer pipeline to carry non-reclaimable wastewater from 16 upper portions of the Santa Ana Watershed to the ocean; and 17 WHEREAS, the sewer pipeline crosses a portion of city 18 property which is fully described and depicted in Exhibit "1", 19 attached hereto and made a part hereof, and the city is desirous 20 to grant a permanent non-exclusive easement and right-of-way t 21 the Santa Ana Watershed Project Authority to construct, operat 22 and maintain their facility; and 23 WHEREAS, the Santa Ana Regional Interceptor provides long- 24 term benefits to the city for economic development. 25 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMO 26 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 27 The Mayor and Common Council of the City of San Bernardino (: 28 hereby grants to the Santa Ana Watershed Project Authority a 7Lo, 2/ I Z./2lJ /0/ A RESOLUTION GRANTING A PERMANENT NON-EXCLUSIVE EASEMENT AND RIGHT-OF-WAY TO THE SANTA ANA WATERSHED PROJECT AUTHORITY FOR THE SANTA ANA REGIONAL INTERCEPTOR SEWER PIPELINE ACROSS A PORTION OF CITY OWNED PROPERTY. ,- I permanent non-exclusive easement and right-of-way to construct, "'. operate, maintain and repair, pipeline within tha 2 a sewer 3 certain real property more fully described and depicted i 4 Exhibit "1", attached hereto and made a part hereof. 20 day of , 2001. 21 22 23 24 Approved as to form and legal content: 25 JAMES F. PENMAN, 26 City Attorney ( 27 \ ~ 28 5 6 7 8 9 10 11 12 13 I' 14 100" 15 16 17 18 19 I HEREBY CERTIFY that the foregoing Resolution was dul adopted by the Mayor and Common Council of the City of Sa Bernardino at a meeting thereof, held on the da of , 2001, by the following vote, to wit: Council Members: NAYS ABSTAIN ABSENT AYES ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this Judith Valles, Mayor City of San Bernardino 2 ~ l' , .' PLEASE COMPLETE TllIS INFORMATION RECORDING REQUESTED 8Y, SANTA ANA WATERSHED PROJECT AUTHORITY AND WHEN AECORDED MAIL TO: SANTA ANA WATERSHED PROJECT AUTHORITY c/o AKLUFI & WYSOCKI 3403 Tenth St., #610 Riverside, CA 92501 ---., 9~f-4;? -, ReCOrded in Official Record., county of San Bernardino, Larry WalkMr. RMcorder No Fee Doc No. 20010086796 1:27pm 03/08/01 5 1011" II 'VI ClToCD TIWIS TAX 6_ IIA alIIO lUll EXEMPT FROM RECORDING FEE PER GOV'T. CODE, SEC. 27383 EASEMENT Title of Document THIS AREA FOR RECORDER'S USE ONL'i THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) SlC-SC$O 9MlI (Ae-I 8/11) 7() -:JC\H..J T "''1nc I M ("II>- IH T ...In,''ll-I CTQ77QQCDC OC:nT TaQ7/qa/ba '-",.'.- " . ,"REQUEaTED BY AND . WHEH RECORDED Mj\IL TO: r, '" SANTA ANA WATERSHED PROJECT AUTHORITY c/o Aklufi and Wysocki 3403 Tenth Street, Ste. 610 Riverside, CA 92501 , , SPACE ABOVE FOR RECORDER'S USE EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The CITY OF SAN BERNARDINO, a municipal corporation, ("GRANTOR"), hereby grants to the SANTA ANA WATERSHED PROJEcr AUTHORITY, a public agency, ("GRANTEE"), a permanent, nOil-exclusive easement and right of way, to construct, reconstruct, alter, replace, use, operate, inspect, maintain, repair, and remove a sewer pipeline, with all its connections thereto, together with the right of ingress and egress, across, along, over, under, through and within that certain real property in the County of San Bernardino, State of California, more fully described and depicted in EXHIBITS "A" and lOB", attached hereto and made a part hereof, GRANTOR and/or GRANTOR's successors and assigns reserve the right to occupy and use the surface and subsurface of the easement area provided that any such use shall not endanger or damage GRANTEE's pipeline and connectiona thereto, or unreasonably impair or interfere with the present and prospeetive exercise of any of the rights herein granted to GRANTEE. GRANTOR may also grant any other easement or easements across, along, over, under, through or within the easement and right-of-way described herein as long as such easements do not endanger or damage GRANTEE's pipeline and connections thereto, or impair or interfere with the present or prospective exercise of any of the rights herein granted to GRANTEE. GRANTOR: CITY OF SAN B.JlRNARDINO, a municipal c~ration ALLES, Mayor Dated: H:e/Z.....Alt'12-2 ZOO \ , IT T: ~d~" RA L CLARK, City Clerk ~ " bu.. xlalltlu.,;}11idiltlL', J:lrii/;;) (l;ANDRA MEDINA, Deputy !it;(/' Clerk FCt '1"l"rl T\ol""lnC:,l.,M (l....IH T ..In'''\.lH c TC770f:lCn,- f"\f"' ..... T T""''''''''''' ''''''-' ,....,..., (, ~ ACKNOWLEDGEMENT OF GRANTOR(S); , STATE OF CALIFORNIA COUNTY OF &4'1 ~K.IlA~ ~ ~~Ol ~fo Notary blic, personally appeared personally known to me ( eon e IS ) to ~ the person(s) whose name(l) isll\l't subscribed to the within instrument and acknowledged to me that ~shel~ elcecuted -the same in ~/her/~ authorized capacity(i~, and that by hiMter/~r signatur~ on the instrument the person(() , or the entity on bebalf ofwhicb person(s) acted, executed the instrument. ) ) S,S, ) , WITNESS my hand and official seal. (L. Notary Public in and for said County and S (SEAL) Ei188.n C. Go;:J8Z Co",",. 11145083 "..v F'U81.fC . CA &AN U.......DINO COUNTY () Comm fllp. Jut)" 2, 2001 .. ...n Jr......_l -...........!-' I 2 3 4 S 6 7 8 9 10 II 12 13 14 l' 16 17 18 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 ij ".--. .--... PSOMAS Job No.: 2CHMOI02.06 Dale; March 16, 2000 Page I of2 LEGAL DESCRIPTION EXHIBIT "A" PERMANRNT EASEMENT A strip of land 45.00 feet wide over that portion of Lot 14, Block S4 of Rancho San Bernardi~o. in thc City of San &rnardino, County of San Bernardino, State of California as shown on the " Map flied in Book 7, Page 2 of Maps recorded in the Office of the Recorder of said County, the centerline of said strip described as follows: Beginning at the point of intersection of the southerly line of said Lot 14 and the northerly right- of-way line of the San Beman1ino County Flood Control District right-of-way as described in document recorded in Book 9191. Page 1770 of Official Records, in the Recorcicr's Office of said County; thence North Sgo 24' 15>> Bast, 16.'9 feet along Aid SOUthllrly line to THE TRUE POINT OF BEGINNING; said point also being the beginning of a non-tangent curve concave northwesterly having a radius of 997.00 fcct to which point a radial line bears South 33026' 52" East; thence leaving said southerly line northeasterly 157.13 feer along said ~ethrough acentralang1eof~OI' 47>>; thence North 470 31' 21>> East. 176,35 feet to a point on a curve concave northwesterly having a radius of 947.00 feet; thence northeasterly 203.14 feet along said curve through a central angle of 120 17' 2'''; thence North 350 13' 56>> East, 39.48 feet to a point ona curve concave SOIItheastedy having a radius of 953.00 feci; thence northeasterly 311.54 feet along said curve throup a eentral angle of 180 43' 48>>; thence Nonh 530 57' 44" East, 97.88 feet to a point on a curve concave northwesterly and having a radius of 197,00 feet; thence northeasterly and northerly 183,97 fcct along said curve through a central ansIe of 530 30' IS": thence Nonh 00' 27' 26" West, 33,34 reet to the point of tenninus . of this dCsciiptlon, The sidelines of said strip shall be lengthened or shortened so as to tenninatc southwesterly al said South line of said Lot 14 and at right angles from said tenninus. Excepting that portion lying within the right-of-way of Ihe San Bernardino County Flood Control District right-of-way as described in document recorded in Book 9191. Page 1770 of Official Records. in the Recorder's Office of said County. S.,"CH~I\CH2MHIl.LIll.EPORTSIk,.U~I<l2 06.dol ~0 "39"'-" T\.l.......nC:).M (lldH T .In,'-JH r T......,....,.,...,,..,r.-,.... r ..----. PSOMAS Job No,: 2CHMOt02.06 Date: March 16, 2000 Page 2 of2 2 3 EXHIBIT "A" (Continued) 4 See Exhibit "8" auached hereto and made a pari hereof. 5 6 7 8 9 This legal description is not iDlended for use in the division and/or conveyance of land in violation of the Subdivision Map Act of the State of California. f , Prepared under the direction of: ~}gQ. j\il to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 4-/ rt /00 J Date Donald L. Whiteley, L.S. 6422 License expires: 12131/2002 30 31 32 S:,~('II~ 1\('111\11111.t.!< l:!'{ )I('rs',h:~:II_::!.1)111~ 11(..dm an "'Jt:lI-l..J T ~"",r;c 1 M ",,, 11-1 T -1""',,1-1 c'TQ77QQl:.ClC, QC~hT T~~7/Q~/b~ EXHIBIT "B" [b@'iJ 4J~ ~[b@~~ ~~ ~~INI~I}{)@ ~~INI ~~~INI~ ~[Q)OINl@ lMJ.~. "tl/'?2 CIL EASEMENT } S'L Y LINE LOT 14 (~'L Y R.O.W. LINE .... AN BERNARDINO FLOOD CONTROL DISTRICT DET AIL ", TP,O.8. '<:~.~,;? ~_~12'_5_~'~I;;_-'-B8P.J N89024'15"E 16.59' NOOO 27'26"W 33.34' P.O.8. CITY OF SAN BERNARDINO 141-311-07 6-53" 30'18" R=197,OO' L=183.97' N53057'44"E 97.88' 6=18043'48" R-953.00' L=311.54' " I I....., N35'13'56"E 39.48' CITY OF SAN BERNARDINO ( 141-311-06 ) 6-12017'25" R=947.00' L-203.14' ,,~ '\ ,,'1.- , o 'J 'J~ tx" ..,(Q' "" '\' 6-9001'47" R=997.00' L=157.13' SEE DETAIL // N'L Y R.O.W. LINE SAN BERNARDINO FLOOD CONTROL DISTRICT 'jlrwOSE: PERMANENT 45.00' WIDE EASEMENT \.... IN THE COUNTY OF SAN BERNARDINO. " NOT TO SCALE -- 2510 R.d Hi....vll"". Santo Ano. CoIilornia 92705 SHEET 1 OF 1 SCALE N. T.5. DRAFTED RTN CHECKED DL W DATE 3/15/2000 JOB I NUMBER 2~HMO'02.06 CH2M HILL PSOMAS :>pROVED: DONALD L. WHITELEY L.S. NO. 6422 E'<P. 1:?/31102 J18TRHHI_.-l!lO Co,l" ........c..,or.... ~l526 -""ll!1'.l.11J I'H'.'~.~IlI!~ 're.. r ........ CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the easement dated February 22, 2001 from the CITY OF SAN BERNARDINO, a municipal corporation, to the SANTA ANA f WATERSHED PROJECT AUTHORITY, a public agency, is hereby acCepted by the undersigned General Manager of the SANTA ANA WATERSHED PROJECT AUTHORITY pursuant to the authority conferred by the action of the Commission of the SANTA ANA WATERSHED PROJECT AUTHORITY on August 8, 2000, and the Grantee consents to the recordation thereof. Dated: March ~ , 2001 By AUTHORITY SANTA .....r'l -,c.l;-IJ T 'U......f""'IC' 1 M (1" IH T .In''''''''H (:. TQ77QQj:.Gll::, q~:bT T~~7./q~/~0 " ~ AKLUfI S WYSOCKI AT1'ORNEV,S AT LAW 3403 TENTH STR.EE.T. SUITE (UO RIVEtutDE.. CALIFORNI^ 92S01 JO$Il!PH S. AKlUFI DAVID L. wYSOCK.I D^NlfL 1\. AKLUF'I TE.LEPHONE (90S) &82-!5480 fACSIMIL.t, CEIVE ')~~)'(8f:tM TELECOPIER TRANSMITTAL I APR 20 A9 :31 000 ,t@ ~ 0 Wi J.r~.;:.l I d,'" ;::1; ! APR 62001 :I~ I I!--' .' I L~,,_' ~Bi'!1\l1l - ,.~ GENERAL MANAGER'S OmCE From: DAV(ol L. W'f~\C.kc' Date: ...6f~:1 ~) Q.c::, C ( Time: 3~ S-~ f ~, Transmit to: Name: MA~@ k"Sl2.~~I'~ O-t:K'E Telecopier No.: :3 <6 L-f - 'S 2. I ..;- Re: R~{Dt2..Jfd.. E" ASEnfi2"ii\- R. I X RE.lmd Total number of pages sent (including transmittal): :Y Please review and call >< Per your request ~ Original will not follow r Original will follow For your information Message: cc~ Gordon Maqnuson, SAWPA Cbnsultant Les Fogassy, City Real Property Michelle Tavlor, City Clerk's Office John Perry;.. wRP Stac~y A1dstadt (w'oa&ku~ for fi1el 4-17-01 c.uTIDN-eowFIDlWTIAL: THE OOCUMENT BEING TELECoPlED To YOU MAY CONTAIN INfORMATION PROTECTED BY THE ATTORNEY' ClJENT/WOIK PRODUCT PRIVILEGE. It is intended only for the person to whom it is .ddr~ssed_ If you .re not the intended recipient or en authorfzed agent, then this is notice to you that dissemination. distribUtion or copying of this ~ument is prohibited. If thi& was received in error, please tall us at once .nd destroy the dot;\lMnt. IF YOU EXPERIENCE ANY DIFFICULTY WITH THE QUALITY OR COMPLETENESS OF THIS TRANSMISSION, PLEASE CALL (909)68~'5480. HI 39\!d I~80S^M aN\! I~n,~\! &192:2:8%0& 9S:P1 1002:/90/P0 r T "'J'J,..,,,r nr ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Vote: Ayes \-'\ -e- Abstain -e- ~oO\-4", Absent b- Meeting Date (Date Adopted): Item # 2.4 Resolution # Change to motion to amend original documents: Reso. # On Attachments: -==- Contract term: NullNoid After: Note on Resolution of Attachment stored separately:::::=::..- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Dale":(Tl. A1ti2<1tJ See Attached:.:= Date Sent to Mayor: '2.-"2\-0 \ Date of Mayor's Signature: ?-2-z.-,0\ Date of Clerk/CDC Signature: "2. -"2.<'--<:'>1 Reso. Log Updated: v Seal Impressed: ,/ Date Memo/Letter Sent lor 54;llGl.....~: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: Date Returned: ~ See Attached: _ Request for Council Action & Staff Report Attached: Y es ~ Updated Prior Resolutions (Other Than Below): Yes Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes Updated CDC Personnel Folders (5557): Yes Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By No ~ By No -<-L- By No ,/ By No ~ By Copies Distributed to: City Attorney ./ Parks & Rec, Water EDA ./ Finance MIS Code Compliance Dev. Services Police Public Services Others: Notes: ,:<, Ct.Q"1\fllcO Cc>Plio$ Of ~() T D\U5 /:;--w.;;~rncNl fr-Ic S<-Arr -"1D m~ kI'<fLII,j 7 - '-:,.01 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: 2-2.{..,-O\