HomeMy WebLinkAbout25-Public Works
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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:
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Aqenda Item NO'~.--
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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.
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75.0264
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RESOLUTION NO.
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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:
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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,
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more particularly described in said permenant Easement Deed and
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concerning
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Bernardino,
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generally
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that certain real property in the City of San
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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:
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Approved as to form
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City Clerk
The
foregoing resolution is hereby approved
th is
day of
, 1986.
Mayor of the City of San Bernardino
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/&/~: 1I--?:~~9
d/ty t torney
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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 '^.
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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'
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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.
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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
,
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\ \~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......................._......._._.._______._..........____
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(Holburt)
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COUNTY
STATE OF CALIFORNIA
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On this 2J day of
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, 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
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Notary Public j.' land
for said St tll-"
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