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HomeMy WebLinkAbout25-Public Works o o Fi1~O. 14.40-48 ~ - REQUEST FOR COUNCIL~I(JN CITY OF SAN BERNARDINO F . ROGER G, HARDGRAVE, Director rom: Public Works/Engineering Oept: . . ACRU'O.A-tUHtift <<femen t Deed for Subject. Landscaping (Ass~~ment District No~:3'lJGl -i1;Jnel;! aJidJlBelmont) October 1, 1986 Date: Synopsis of Previous Council action: 08/19/86 Resolution Ordering the establishment of a landscaping maintenance district in the area of Pine and Belmont Avenues. Recommended motion: Adopt the resolution. cc: Ray Schweitzer, Acting City Administrator OASi2~ Contact person: Verne Nadeau Phone: 50?6 Supporting data attached: Yes Staff Report Ward: 5 Fl)NOING REQUIREMENTS: Amount: None Sou rce: Finance: Council Notes: 1 Aqenda Item NO'~.-- 7o;_n.,F.? ~ - - CI,cOFSAN BERNARDICP - REQUOT FOR COUNCIL AcQlON STAFF REPORT Assessment District No. 976, for the maintenance of landscaping in the general area of Pine and Belmont Avenues, is about to finalize. However, included in the district a.nd as a require- ment of the subdivision for Tract No. 10979, the subdivider ~ust landscape the 60 foot wide strip of Metropolitan Water District -land located immediately adjacent to and Southeasterly of Pine Avenue, South of Belmont Avenue. In order for the district to maintain the landscaping, it was necessary for the City to have an easement over the land for that purpose. The subdivider negotiated and paid for the easement to satisfy his requirement to landscape. This individual acceptance by your Honorable Body is necessary as the document from Meotropolitan Water District contains certain condi tions and convenants. The document, however, does not contain any unduly adverse restrictions or reservations and no appropriation of money is required by the City. 2 75.0264 () I 1 o o / I ~ U) ,... en d z ';~I.~~'I 1.,~ ~,,~ l- ". 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I i ; ! i " . .: :zz ....8 - o o o o RESOLUTION NO. 1 2 A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF A PERMANENT EASEMENT DEED FROM THE METROPOLITAN 3 WATER DISTRICT OF SOUTHERN CAL IFORNIA FOR LANDSCAPING PURPOSES CONCERNING PROPERTY GENERALLY LOCATED ADCACENT TO AND 4 SOUTHEASTERLY OF PINE AVENUE, SOUTH OF BELMONT AVENUE. 5 8E IT RESOLVED BY THE MAYOR AND COMMON COUNC IL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 10 11 SECTION 1: The City Clerk of the City of San Bernardino i s hereby authorized and directed to accept on behalf of said City a Permanent Easement Document from The Metropolitan Water District of Southern California, a copy of which is attached hereto and incorporated by reference herein as fully as though set forth at length, marked Exhibit "A", for landscape purposes, 12 more particularly described in said permenant Easement Deed and 13 concerning 14 Bernardino, 15 generally 16 that certain real property in the City of San 17 18 19 20 21 22 County of San Bernardino, State of California, located adjacent to and Southeasterly of Pine Avenue, South of Belmont Avenue, and said City consents to recordation thereof by its duly authorized officer. 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 da te of 19B6, by the following vote, to-wit: 23 c o o o 1 2 3 4 5 6 7 Approved as to form 8 City Clerk The foregoing resolution is hereby approved th is day of , 1986. Mayor of the City of San Bernardino 9 10 11 12 ]3 14 15 16 ]7 18 19 20 21 22 23 24 25 26 27 28 /&/~: 1I--?:~~9 d/ty t torney 2 c iii' >lQ ~ I m \-< ZOO gt""'l '!:a.. ~ 5l.U ~' rn ~ o o o REQUESTED BY ANO WHEN RECORDED MAIL TO: CITY CLERK CITY HALL 300 North "D" Street San Bernardino, California 92418 PERMANENT EASEMENT DEED 1606-29-13 and 1606-30-1 (Portions) THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA. a public corporation. hereby grants to CITY OF SAN BERNARDINO. a municipal corporation. a permanent easement (or landscaping purposes over the real property in the City of San Bernardino. county o( San Bernardino, State o( California. described as. (ollows: Those certain parcels of land herein designated Parcel A and Parcel B in that certain portion of Block 40 and 41 in the Town of Irvington and the Land of Irvington Land and Water Company. in the County of San Bernardino. State of California. shown on map recorded in Book 3. page 9. o( Maps. in the office of the County Recorder o( said County of San Bernardino. said certain portion being shown as Parcel Nos. 1 and 13 per map filed in Book 31, page 40 through 42, inclusive. Record o( Surveys in the office of said County Recorder. said certain parcels of land being more particularly described as (ollows: ex,.,elT '^. () iii . ~~ ~ ..~ ~'. t oc \"'< ~~ . i:Q. ~ iL&J . II (I) ~ ~ (): o o o Permanent Easement Deed 1606-29-13 and 1606-30-1 (Portions) -2- farcel A The northwesterly 50 feet of Parcel 1 of said Record of surveys. Excepting therefrom all that portion thereof included within those certain parcels o( land conveyed to the City o( San Bernardino by deed recorded August 5, 1983. as Instrument No. 83-177968, and by deed recorded August 5, 1983, as Instrument No. 83-177969. both o( official records in the office of said County o( San Bernardino. Parcel A containing 1.40 acres. more or less. PARCEL B The northwesterly 50 (eet of the northeasterly 290 feet of Parcel 13 o( said Records of Surveys. Said 290-foot dimension being, measured at right angles. from the northeasterly line of said Block 41. Parc1 B containing 0.33 acre. more or less. Parcel A and Parcel B. in the aggregate, containing 1.73 acres. more or less. tt~rms: This easement is granted subject to the following 1. It is subject to Grantor's paramount right to use the above-described property for the purposes (or which it was acquired. 2. Grantee shall submit in advance all plans (or installation of Grantee's landscaping and related irrigation system improvements to Grantor [or review and written approval. 3. Grantee shall not change the existing grade or otherwise modify the topography o( property affected by this easement without prior written consent of Grantor. &llH'8IT 'A' () o o o Permanent Easement Deed 1606-29-13 and 1606-30-1 (Portions) -3- 4. Grantor purchased the above-described property in fe~ for its existing 121 1/2-inch-inside-diameter Foothill Feeder-Rialto Pipeline and for a future pipeline facility. Any additional costs incurred for construction, reconstruction, maintenance and use of the existing and future pipelines, attributable to the presence of Grante~'s improvements, shall be borne by Grantee. 5. Grantee shall not plant trees within 15 feet of the centerline of Grantor's future pipeline. Any of Grantee's trees located within 15 feet of the center line of Grantor's future pipeline, shall be removed by Grantee at no expense to Grantor. No deep-rooting trees shall be allowed in Grantor's rights-of way. However, trees with shallow root systems, or shrub-type landscaping, will be considered upon Grantee's submittal of landscape plans for Grantor's review and written approval. Grantee's landscaping plans must contain provision for Grantor's vehicular access at all time along its pipelines and to structures or facilities appurtenant to the pipelines. 6. Grantor shall not be required to contribute any part of the cost of landscaping on the above-described property, and, furthermore, if Grantor is included in an assessment district to pay such costs, Grantee shall reimburse Grantor for any assessment therefor levied upon it. 7. Grantee assumes all risk of loss to itself, which in any manner may arise out of the use of the easement. Further. Grantee shall indemnify and defend Grantor and its directors. officers. and employees against any liability and expenses, including the reasonable expense of legal representation whether by special counselor by Grantor's staff attorneys, reSUlting from injury to or death of any person. or damage to any property, including property of Grantor. or damage to any other interest of Grantor, including but not limited to suit alleging noncompliance with any statute or regulation, which in any manner may arise out of the granting of this easement, or use by Grantee of the easement or any adjoining land used with the easement. extolJ8'T ~ () o o Permanent Easement Deed 1606-29-13 and 1606-30-1 (Portions) -4- B. In the event of abandonment by Grantee of the rights granted herein, they shall terminate. and the Grantee shall thereupon, without cost to Grantor, deliver to Grantor a quitclaim of such rights. Nonuse (or a period of three years shall constitute conclusive evidence of such abandonment. Dated: SEP 2 3 \986 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Carl Boronkay General Manager By , \t..", . , -~_ \ \~c , . 1...--<..' -,. Assistant General Manager PRS/emm Authorized by MWD Administrative Code Section 461.8.1 This is to certify that the interest in real property conveyed by the within instrument to the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council, and the grantee consents to the recordation thereof by Its duly authorized officer. Dated duun._..nn...._nnnnn_.._..nu__nnn__ CiTY OF SAN BERNARDINO BV ____________n__.._.._____u_n_nnnn_n__..n_u City Clerk Location ____n_.n__.._n____________________________.____________u__ File No. om......................._......._._.._______._..........____ o ./1 ..-;;;....... ~,... . I!lItt,8,T .... c o o (Holburt) o COUNTY STATE OF CALIFORNIA \-P' /: . ~ I./~JS/'..-.J 4_ On this 2J day of ) ) SS. ) \ . '. ..u I.-:C", ,~.- , , in the year /9.f;G WilliAM E. VAU.AI'4A before me. . a Notary Public. personally appeared M. B. HOLBURT. personally known to me to be the person who executed this instrument as Assistant General Manaqer of The Metropolitan Water District of Southern California. a pUblic corporation. and acknowledqed to me that The Metropolitan Water District of Southern California executed it. I- WITNESS my hand and official seal. OFFICIAL SEAL WilliAM E VAZZANA NOTARY PUBLIC. CAliFORNIA . LOS ANGELES COUNTY My comm. expires MAY 16, 1987 (Seal) siqnature (. " ., ......-' ~_.) /- Ie' ,,-=7"'- v:;:: /lz a..~,- <..vO ?'.t!.. "--- Notary Public j.' land for said St tll-" ---., / BJetJ,8IT '",,'