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Cl V OF SAN BERNARD' '0 - REQUEr- FOR COUNCIL ACT\. /N
From: Bernard C. Kersey, Director,
Administration & Finance
Dept: Water Department
Subject:
Grant of Easement to Southern California
Edison Company for relocation of electric
lines and facilities at the Wastewater
Treatment Plant
Date: November 17, 1988
Synopsis of Previous Council action:
None
Recommended motion:
Adopt Resolution
/0 LL,
~ Sign",re"
Contact person:
Bernard C. Kersey
Phone:
384-5393
Supporting data attached:
Yes
Ward:
Third
FUNDING REQUIREMENTS:
Amount: $13,000.00
Source: (Acct. No.) Sewer Fund - Construction Account
Acct. Oescri tion
Finance:
/
Council Notes:
75.0262
Agenda I tem No.
5-Lj
CI II r OF SAN BERNARD~ ",0 - REQUEt ~ FOR COUNCIL ACTlvH
STAFF REPORT
The Water Department has been negotiating with Southern
California Edison Company for the relocation of their elec-
tric lines in a portion of the Wastewater Treatment Plant
site. Relocation of Edison's facilities is necessary to
avoid conflict with new facilities to be constructed at the
plant site. The permanent relocation of their facilities
will take up to one year to accomplish. The Board of Water
Commissioners has awarded a contract to Hunter Corporation
for the Aeration Improvement Project.
In order to avoid delay claims and other construction related
problems in the vicinity of the new aeration supply building,
Edison will temporarily relocate their facilities in the
construction area. When the permanent alignment of Edison's
facilities is determined, all required easements granted, and
permanent relocation work completed, Edison will quitclaim
this easement back to the City.
JUSTIFICATION FOR PLACEMENT ON SUPPLEMENTAL AGENDA
The grant of easement description and documents were received
on November 17, 1988. In order to avoid construction con-
flicts, Edison will proceed with the work on November 22 or
23, 1988. Edison cannot proceed without this grant of
easement.
75-0264
11-17-88
1
RESOLUTION NO._______
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN
BERNARDINO, GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON
3 COMPANY, A CORPORATION, FOR RELOCATION OF ELECTRIC SERVICE AT
WATER DEPARTMENT FACILITIES AT THE WASTEWATER TREATMENT PLANT,
4 SAN BERNARDINO, CALIFORNIA.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
6
7
SECTION ONE:
That the City of San Bernardino execute a
8 Grant of Easement to Southern California Edison Company, a
9 corporation,
for
transmission of
electrical
energy
and
10 appurtenant facilities.
11 SECTION TWO: That the said Grant of Easement referred to
12 herein, a copy of which is attached hereto, marked Exhibit "A",
13 and is hereby referred to and made a part hereof as fully as
14 though set forth at length herein, is hereby approved.
15
SECTION THREE: That the Mayor and City Clerk of the City
16 of San Bernardino are hereby authorized and directed to execute
17 said Grant of Easement on behalf of the City of San Bernardino.
18
I HEREBY CERTIFY that the foregoing Resolution was duly
19 adopted by the Mayor and Common Council of the City of San
20 Bernardino at a ________________________ meeting thereof held on
21 the
day of _______________, 1988 by the
following vote to
22 wit:
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AYES:
Councilmen ______________________________________
NAYS:
ABSENT:
SHAUNA CLARK, CITY CLERK
Easement to Southern r 'ifornia Edison Co~ ~y for relocation of electric
service at the Wastew~_cr Treatment Plant
1
The foregoing Resolution is hereby approved this ________
\
'\
2 day of ___________________, 1988.
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APPROVED AS TO FORM
9 AND LEGAL CONTENT:
10 Z~__
11
12 Attorney
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11-17-88
II -2-
EVLYN WILCOX, MAYOR
CITY OF SAN BERNARDINO
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COI Y
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
P.O. BOX 410
LONG BEACH, CA J0801
ATTN: REAL PROP. AND ADMIN. SER.,
LAND RIGHTS
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $
COMPUTED ON FULL VALUE OF PROPERTY CONVEYED.
OR COMPUTED ON FULL VALUE LESS LIENS AND
ENCUMBRANCES REMAINING AT TIME OF SALE.
SO. CALIF, EDISON CO.
SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX. FIRM NAME
Location: City of San Bernardino
A.P.N. 141-301-01
GRANT OF EASEMENT
THE CITY OF SAN BERNARDINO, a municipal corporation,
organized under the laws of the State of California, hereinafter
called "Grantor", hereby grants to SOUTHERN CALIFORNIA EDISON
COMPANY, a corporation, its successors and assigns, hereinafter
called "Grantee", all those certain permanent and exclusive easements
and rights of way to construct, use, maintain, alter, add to,
enlarge, repair, replace, inspect, and/or remove, at any time and
from time to time, electric lines, consisting of metal towers, wood
and/or metal poles, "H" frame structures, guy wi res and anchors,
crossarms, wires and other fixtures and appliances and communication
,_'h "]Circuits with necessary appurtenances, both overhead and underground,
',., for conveying electric energy to be used for light, heat, power,
';' ~::tl telephone and/or other purposes in, under, on, over, along and across
_'-~~I that certain real property in the City of San Bernardino, County of
;, San Bernardino, State of California, described and designated as
c.:: right of way and anchor strip on the Exhibit "A" attached hereto and
""I by this reference made a part hereof, lying within that certain real
.:. "I p,ope,ty of the G"nto< de,e" bed " f 0 110w"
That portion of Lots 13, 14, 23 and 24 of Block 54 of
-'4 ~I Rancho San Bernardino, as per Map recorded in Book 7, page 2 of
-..:;:;, Maps, in the office of the County Recorder of said County, more
~ ---I particularly shown as the Remainder Parcel of Parcel Map No.
!~ '" \. I 5284, as per map recorded in Book 51, pages 3 and 4 of Parcel
'~'~I Maps, in the office of the County Recorder of said County.
.!~....\,,:
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It~ :i :3
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-------.
"
Grantor further grants, bargains, sells and conveys unto
the Grantee the right of assignment, in whole or in part, to others,
without limitation, and the right to apportion or divide in whatever
manner Grantee deems desirable, anyone or more, or all, of the
easements and rights, including but not limited to all rights of
access and ingress and egress granted to the Grantee by this Grant of
Easement.
~
(
Grantee shall have the right to construct roads, use
existing roads and make such addi tions thereto, on lands of Grantor
within and/or adjoining said right of way strip, as shall be neces-
sary or convenient to Grantee's access to and use of its right of way
strip located on the lands of the Grantor or on lands of others, and
the right to use all necessary and convenient means of ingress to and
egress from said right of way strip from the public highway most
convenient thereto, for the uses and purposes and the exercising of
the rights herein granted. In the event alternate public roads are
constructed which, in the opinion of Grantee, will provide Grantee
with access to said right of way strip as convenient and adequate as
that which Grantee may then be using, Grantee agrees to quitclaim any
such portion or portions of the access roads no longer required
hereunder as may be determined by Grantee.
RW 201 Rev. 6/79
EXHIBIT "A"
Grant of Easement
City of San Bernardino, a
municipal corp., to
S.C.E.Co., a corp.
Serial No. 59769A
Grantor hereby also grants to Grantee, its successors and
assigns, and its and their contractors, agents, and employees, the
right to clear and to keep clear said right of way strip, free from
explosives, buildings, equipment, brush, combustible material and any
and all other obstructions of any kind (except for those herein
provided) and the right to trim or remove any tree or shrub which in
the opinion of Grantee, may endanger said electric lines or any part
thereof or interfere with the exercise of the rights herein granted.
Grantor reserves for Grantor and Grantor's successors and
assigns, across (but not longitudinally along) said right of way
strip, rights for (1) underground water pipelines, and (7.) roads,
provided, however, that the exercise of such rights does not
interfere with or endanger, in the opinion of Grantee, the operation
or maintenance of the electric lines of Grantee, or Grantee' s ready
access to its said electric lines, or the exercise of any of the
rights herein granted to Grantee.
The Grantee agrees, by acceptance hereof, that in the event
Grantee relocates existing facilities from the herein described right
of way strip into a new location and Grantee receives easement rights
which, in the sole opinion of Grantee are good and sufficient
easement rights, Grantee agrees to quitclaim within ninety (90) days
of a written request to do so, any such portion or portions the right
granted herein as are no longer required or necessary in the
performance of the Grantee's duty to the public.
It is further
ment or easements shall
way strip by Grantor to
previous written consent
understood
be granted
any person,
of Grantee.
and agreed that no other ease-
on, under or over said right of
firm or corporation without the
The terms, covenants and conditions of this Grant of
Easement shall bind and inure to the benefit of the successors and
assigns of Grantor and the successors and assigns of Grantee.
IN WITNESS WHEREOF, Grantor has caused this
be executed by its officers thereunto duly authorized,
of , 19
instrument to
this day
The City of San Bernardino,
a municipal corporation
---
By
By
//'
//
/,'/"
-2-
Grant of Easement
City of San Bernardino, a
municipal corp., to
S.C.E.Co., a corp.
Serial No. 59769A
STATE OF CALIFORNIA
ss.
COUNTY OF
On this day of , 19_,
before me, a Notary Public in and for said State, personally appeared
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be
the and ,
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the of the City of San Bernardino,
the municipal corporation that executed the within instrument, and
acknowledged to me that they executed the same on behalf of such
municipal corporation.
WITNESS my hand and official seal.
-3-
...
//
/
EXHIBIT "A"
LEGAL DESCRIPTION
Serial No. 59769A
RIGHT OF vlAY
That portion of Lot 23 and 24 in Block 54 in the Rancho
San Bernardino, as shown on Map recorded in Book 7, page 2 of
Maps, in the office of the County Recorder of said County,
lying within a strip of land, 25 feet wide, the centerline of
said strip of land being described as follows:
BEGINNING at a found 2-inch Iron pipe with L.S. tag,
number not legible, accepted as Northeast corner of said Lot
23 as shown on Map recorded in Book 25, page 12 of Record of
Survey Maps, in the office of the County Recorder of said
County, said 2-inch i ran pipe bears South 890 47' 00" West,
293.40 feet from a found l~-inch iron pipe with a San
Bernardino County Flood Control District Brass Cap, marked
"1958" set at the intersection of the North line of said Lot
24 and the West line of the 400 foot wide San Bernardino
County Flood Control Channel Right of Way as shown on said
Record of Survey Map; thence South 000 53' 28" East, 379.89
feet to the TRUE POINT OF BEGINNING; thence South 000 29' 16"
East, 187.25 feet, to a point hereinafter referred to as
Point "3"; thence South 11025' 49" East, 131.70 feet, to a
point hereinafter referred to as Point "4"; thence South 000
22' 14" East, 183.32 feet to a point hereinafter referred to
as Point "5"; thence South 050 35' 21" West, 230.40 feet, to
a point in the existing Southern California Edison Company
Transmission line, said point bears South 140 12' 35" West,
1144.94 feet from said l~-inch iron pipe, with a San
Bernardino County Flood Control District Brass Cap.
ANCHOR STRIPS
Strip 1
That portion of said Lot 23, lying within a strip of
land, 4 feet wide, the centerline of said strip of land being
described as follows:
BEGINNING at Point "3" hereinbefore described; thence
South 890 30' 44" West, 15.00 feet.
strips 2 and 3
Those portions of said Lot 24, lying within 2 strips of
land, each 4 feet wide, the centerline of said Strips 2 and
3, respectively, are described as follows:
BEGINNING at Point "4" hereinbefore described; thence
North 890 37' 46" East, 15.00 feet.
BEGINNING at Point "5" hereinbefore described; thence
North 890 37' 46" East, 15.00 feet.
Approved as to description:
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