HomeMy WebLinkAbout35- Water _. rw
..� I-Y OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Stacey Aldstadt Subject: Resolution granting temporary and
Deputy General Manager permanent easements to the Metropolitan
Dept: Water Water District (MWD) and authorizing the
Mayor to enter into a purchase and sale
Date: December 15 , 1997 agreement for said easements to MWD.
Synopsis of Previous Council action:
021V rW
NOV 2 0 199
NONE
Recommended motion:
Adopt resolution approving the purchase and sale agreement
and granting the temporary and permanent easements to the
Metropolitan Water District.
Signature
Contact person: Stacey Aldstadt, Deputy General Mgr. Phone: 334-7210
Supporting data attached: Yes Ward: 5
FUNDING REQUIREMENTS: Amount: N%A
Source: (Acct No.)
(Acct Description)
Finance:
Council Notes:
Res 97-J 12
ialis 97
,r_,,,A, Agenda Item No. 3
M
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
In 1993, the Metropolitan Water District offered to purchase temporary (construction) and permanent easements
through property owned by the City of San Bernardino and dedicated for Water Department use in Devil Canyon. That
offer to purchase was preliminary to a likely proceeding in eminent domain.
Metropolitan's project involves a 104" pipeline from the Devil Canyon afterbay,through the City'sproperty, and
into the tunneling into the San Bernardino mountains, for the purpose of delivering State Project Water to the Eastside
Reservoir (the so-called Domenigoni reservoir in Hemet).
The Water Department has negotiated placement of both easements to insure no interference with our future
surface water treatment plant. Metropolitan has agreed to place conduit across their pipeline to pre\ent our interference
with its pipeline. Replacement and maintenance of trees affected by the permanent and temporary easements has also
been negotiated.
In return for the temporary and permanent easements granted, Metropolitan has agreed to pay the Water
Department $185,000. An appraiser has reviewed the offer to purchase and has agreed that Metropolitan's offer is
equitable.
In the event that the offer to purchase is declined, the Department should anticipate that Metropolitan will initiae
an eminent domain proceeding.
At its regular meeting on November 18, 1997, the Board of Water Commissioners approved the purchase and
sale agreement and now makes the recommendation to the Mayor and Common Council that the purchase and sale
agreement be approved and that the temporary and permanent easements be granted.
Recommendation:
It is recommended that the Mayor and Common Council approve the purchase and sale agreement, authorize the
Mayor to enter into said agreement, and grant the temporary and permanent easements as set forth in the attached
documents.
CITY OF SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT
INTEROFFICE MEMORANDUM
TO: Leslie E. Murad, II, Deputy City Attorney
FROM: Stacey R. Aldstadt, Deputy General Manager
SUBJECT: MWD Easements: Devil Canyon
DATE: December 4, 1997
COPIES: Bernard C. Kersey; James Dye
On this date, I contacted your secretary, Annette Ortega, regarding the status on the
agenda item referenced above; namely, the grant of temporary and permanent easements on the
Water Department's property at Devil Canyon. Mrs. Ortega relayed a concern, evidently
expressed by Mr. Penman, that the legal descriptions were both adequate and consistent. I
advised Mrs. Ortega that the Water Department's engineers had reviewed the legal descriptions
and had approved them as both adequate and consistent. She advised me that you wanted that
in writing.
Please be advised that I sat down with James Dye, Senior Engineer for the Water
Department, and again had him review the legal descriptions contained in the agenda item. He
again approved the legal descriptions as adequate and consistent.
I trust that this adequately addresses Mr. Penman's concerns. If not, I would
appreciate your advising me as soon as possible, as submission of this agenda item is critical to
Metropolitan's construction schedule. Thank you for your assistance in this matter.
Stacey R. stadt
Deputy General Manager
EXHIBIT H
"THS MAP IS TO BE ATTACH TO THE LEGAL DESCRPTION"
POR. SEC. 5 & POR. SEC. 6, T. 1 N., R. 4 W., RANCHO MUSCUPIASE,
M.B. 7, PAGE 23, CITY OF SAN BERNARDINO,
COUNTY OF SAN BERN�ARDINO. STATE OF CALIFORNIA
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INFED1-33-12OTEA2 - (4.329 ACS.)
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TEMPORARY EASEMENT
Pe r G. isemon P.L.S. 6241 CITY OF SAN BERNARDINO
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NOT TO SCALE DATE INFEDl-33-120TEA1. TEA2. TEA3
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EXHIBIT A
INFEDl-33-120TEAl
City of San Bernardino
That portion of Section 6, Township 1 North,
Range 4 West of the Rancho Muscupiabe in the City of San
Bernardino, County of San Bernardino, State of California
as shown on map recorded in Book 7, page 23 of Maps records
of said County, all lying within that property conveyed to
the City of San Bernardino by Deed recorded June 30, 1921
in Book 724, page 8 of Deeds records of said County,
described as follows:
Commencing at corner M-26 as shown on Licensed
Land Surveyors Map prepared by George E. Sherer dated June
15, 1921 said map also being County Surveyor Map No. 1780
and marked by a 4"x 4" iron post, concrete filled, 2' above
the surface, marked on the northside "SBFR27-R4WS5" and on
_ the southside "RM" as shown by County Surveyors Plat No.
7145; thence along the easterly Rancho line S 000 46' 29" E
73 .35 feet to the TRUE POINT OF BEGINNING; thence
continuing along the easterly Rancho line S 000 46' 29" E
778.01 feet; thence leaving said Rancho line
N 860 12 ' 05" W 939 . 11 feet; thence N 500 16' 12" W 1120.36
feet; thence N 390 43 ' 48" E 50.00 feet; thence S 500 16'
12" E 631. 98 feet; thence N 390 43 ' 48" E 5 . 00 feet; thence
S 500 16 ' 12" E 223 . 45 feet; thence S 860 12 ' 05" E 779 . 29
feet; thence N 500 26 ' 40" E 190 . 57 feet; thence N 080 01'
09" E 453 . 91 feet; thence S 810 58 ' 51" E 108 . 35 feet to
said easterly Rancho line and the TRUE POINT OF BEGINNING.
INFED1-33-120TEA2
City .of San Bernardino
That portion of Section 6, Township 1 North,
Range 4 West of the Rancho Muscupiabe in the City of San
Bernardino, County of San Bernardino, State of California
as shown on map recorded in Book 7 , page 23 of Maps records
of said County, all lying within that property conveyed to
the City of San Bernardino by Deed recorded June 30, 1921
in Book 724, page 8 of Deeds records of said County,
described as follows :
Page 1 of 3
INFED1-33-120TEA2
City of San Bernardino
Commencing at corner M-26 as shown on Licensed
Land Surveyors Map prepared by George E. Sherer dated June
15, 1921, said map also being County Surveyor Map No. 1780
and marked by a 4'x 4' iron post, concrete filled, 2' above
the surface, marked on the northside "SBFR27-R4WS5' and on
the southside "RM' as shown by County Surveyors Plat
No. 7145; thence along the easterly Rancho line between
said corner M-26 and corner M-25 as shown on said Map N 070
05' 12' E 437 .58 feet; thence leaving said Rancho line
N 810 58' 51' W 260.02 feet to the TRUE POINT OF BEGINNING;
thence S 080 01' 09' W 942.39 feet; thence S 500 26' 40' W
65.25 feet; thence N 860 12' 05' W 612.43 feet; thence
N 500 16' 12' W 347.69 feet to the southerly line of that
certain parcel of land conveyed to the State of California
by Grant Deed recorded August 27, 1974 in Book 8503, page 1
of Official Records of said County; thence coincident with
_ said parcel S 890 59 ' 54' E 86.05 feet; thence leaving said
parcel S 500 16' 12' E 221.07 feet; thence S 860 12 ' 05' E
483 . 60 feet; .thence N 080 01' 09' E 459 .23 feet; thence
S 810 58' 51' E 125. 00 feet; thence N 080 01' 09' E 462 .26
feet; thence S 810 58 ' 51' E 70.00 feet to the TRUE POINT
OF BEGINNING.
INFED1-33-120TEA3
City of San Bernardino
That portion of Section 6, Township 1 North,
Range 4 West of the Rancho Muscupiabe in the City of San
Bernardino, County of San Bernardino, State of California
as shown on map recorded in Book 7, page 23 of Maps records
of said County, all lying within that property conveyed to
the City of San Bernardino by Deed recorded June 30 , 1921
in Book 724, page 8 of Deeds records of said County,
described as follows:
Commencing at corner M-26 as shown on Licensed
Land Surveyors Map prepared by George E . Sherer dated June
15 , 1921, said map also being County Surveyor Map No . 1780
and marked by a 4"x 4" iron post, concrete filled, 2 ' above
the surface, marked on the northside "SBFR27-R4WS5" and on
the southside "RM" as shown by County Surveyors Plat
Page 2 of 3
i
INFED1-33-120TEA3
City of San Bernardino
No. 7145; thence along the easterly Rancho line between
said corner M-26 and corner M-25 as shown on said Map
N 070 05, 12' E 437 .58 feet; thence leaving said Rancho
line N 810 58' 51' W 260. 02 feet; thence S 089 01' 09" W
942 .39 feet; thence S 500 26' 40" W 65.25 feet; thence
N 860 12 , 05' W 612 .43 feet; thence N 500 16 ' 12• W 347 . 69
feet to the southerly line of that certain parcel of land
conveyed to the State of California by Grant Deed recorded
August 27, 1974 in Book 8503, page 1 of Official Records of
said County; thence coincident with said parcel N 890 59'
54' W 98.12 feet; thence N 440 13 ' 53" W 265.20 feet;
thence N 060 00' 13' E 41.86 feet to the TRUE POINT OF
BEGINNING; thence leaving said parcel N 500 16' 12" W
147.80 feet; thence N 390 43 ' 48" E 55.00 feet; thence
S 500 16' 12" E 111.08 feet to the westerly line of said
last mentioned parcel; thence coincident with said parcel
S 060 00' 13" W 66. 13 feet to the TRUE POINT OF BEGINNING.
PREPARED UNDER MY SUPERVISION
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P Oiseman P.L. S . 6241
of Ca��F
Date,
PGW\p:\..\infedl\33\legal\rl20teal.doc rev2 October 05, 1995
Page 3 of 3
�}. EXHIBIT 8
•THS YAP 1S TO OE ATTA696 0 THE LEM DESOWTKW' Peso i of 1
POR. SEC. 5 & POR. SEC. 6. T. 1 N., R. 4 W., RANCHO MUSCUPIABE,
M.B. 7. PAGE 23. CITY OF SAN BERNARDINO.
COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA
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4ORT�w PREPARED UNDER
MY SUPERVISION THE METROPOLITAN MATER DISTRICT
OF SOUTHERN CALIFORNIA
INLAND FEEDER
PERMANENT EASEMENT
30 H( tmo A Pet G. Wise an P.L. 241 CITY OF SAN BERNARDINO
TO
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NOT TO WALE DATE INFED1-33-120PEA1
/svrr*/inland/row/*xhb/33/120peol.d9n 8/13/97 LK/PGW
EXHIBIT A
INFEDl-33-120PEAl
Permanent Easement
City of San Bernardino
Those portions of Sections 5 and 6, Township 1
North, Range 4 West of the Rancho Muscupiabe in the City of
San Bernardino, County of San Bernardino, State of
California as shown on map recorded in Book 7, page 23 of
Maps records of said County, all lying within that property
conveyed to the City of San Bernardino by Deed recorded June
30, 1921 in Book 724, page 8 of Deeds records of said
County, described as follows:
Beginning at corner M-26 as shown on Licensed Land
Surveyors Map prepared by George E. Sherer dated June 15,
1921, said map also being County Surveyor Map No. 1780 and
marked by a 40x 4' iron post, concrete filled, 2' above the
surface, marked on the northside "SBFR27-R4WS5' and on the
southside 'ARM' as shown by County Surveyors Plat No. 7145;
thence along the easterly Rancho line between said corner
M-26 and corner M-25 as shown on said Map N 070 05' 12' E
487 . 58 feet; thence leaving said Rancho line N 810 58' 51' W
109 . 52 feet; thence N 080 01' 09" E 110 .95 feet to the
beginning of a tangent curve concave southeasterly, having a
radius of 1150 feet; thence northeasterly 483 . 31 feet along
said curve to said easterly Rancho line; thence along said
easterly Rancho line N 070 05 ' 12" E 204 . 00 feet to the
beginning of a non-tangent curve, concentric with and 100 . 00
feet northwesterly of said last mentioned curve, concave
southeasterly, having a radius of 1250 feet, a radial line
to said beginning bears N 490 23 ' 46' W; thence leaving said
Rancho line southwesterly 710 . 89 feet along said curve;
thence tangent to said last mentioned curve S 080 01' 09" W
110 . 95 feet; thence N 810 58 ' 51" W 49 . 68 feet; thence S 080
O1 ' 09" W 992 . 39 feet; thence S 500 26 ' 40" W 65 . 25 feet;
thence N 860 12 ' 05" W 612 . 43 feet; thence N 500 16 ' 12" W
347 . 69 feet to a point on the southerly line of that certain
parcel of land conveyed to the State of California by Grant
Deed recorded August 27 , 1974 in Book 8503 , page 1 of
Official Records of said County; thence coincident with said
parcel N 890 59 ' 54" W 98 . 12 feet; thence �T 440 13 ' 53 " W
265 . 20 feet; thence N 060 00 ' 13" E 41 . 86 feet; thence
leaving said parcel N 500 16 ' 12" W 147 . 80 feet ; thence
Page 1 of 2
EXHIBIT A
INFEDl-33-120PEAl
Permanent Easement
City of San Bernardino
S 390 43 ' 48' W 155 .00 feet; thence S 500 16' 12" E 631.98
feet; thence N 390 43 ' 48' E 5 .00 feet; thence S 500 16'
12" E 223 .45 feet; thence S 860 12 ' 05" E 779.29 feet;
thence N 500 26' 40' E 190.57 feet; thence N 080 01' 09" E
453 .91 feet; thence S 810 58' 51' E 108 .35 feet to said
easterly Rancho line; thence N 000 46' 29 W 73 .35 feet to
the point of beginning.
PREP ER MY SUPERVISION
a
Pete G. Wiseman P.L.S. 6241
� � t
Date 4F
PGW\p:\. .\infedl\33\legal\z2120pea.doc August 13, 1997
i
Page 2 of 2
EXHIBIT C
Recorded at the Request of
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
When Recorded Mail to
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
Post Office Box 54153
Los Angeles, California 90054
DOCUMENTARY TRANSFER TAX $ NONE
(Exempt--Section 11922, California
Revenue and Taxation Code)
TEMPORARY EASEMENT DEED
MWD Parcels INFEDl-33-120TEA1, -TEA2 and -TEA3
Assessor' s Parcel No. 151-241-019
The CITY OF SAN BERNARDINO, a municipal corporation (Grantor) ,
hereby grants to
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA,
a public corporation (Grantee) ,
an exclusive Temporary Easement to use the property in the City
of San Bernardino, County of San Bernardino, State of California,
more specifically described in Exhibit "A" and shown on the
attached Temporary Easement Map labeled Exhibit "B" (Property)
both attached hereto, and by this reference, made a part hereof
for the construction of a capital improvement project by the
Grantee on land other than such described Property.
This grant is subject to the following conditions :
1 . Reasonable access to Grantor' s Property across this
Temporary Easement shall be maintained by Grantee at all times
during the term of this Easement .
Temporary Easement Deed -2-
MWD INFEDl-33-120TEAl
-TEA2, and -TEAS
APN 151-241-019
2 . Such right shall be exercised for a period of seven
years commencing on the date this Temporary Easement Deed is
recorded in the Office of the County Recorder of San Bernardino
County.
3 . Grantor hereby reserves the exclusive right to use and
maintain five conduits across this easement for the purposes of
water transmission and distribution at the locations identified
in Grantee' s construction plans (attached hereto) . A final,
stamped copy of said plans shall be kept at Grantee' s main
offices, which are presently located at :
The Metropolitan Water District of Southern California
Engineering Records Department
350 South Grand Avenue, Sixth Floor
Los Angeles, California 90071
Grantor shall have the right to reconstruct and/or
relocate the aforementioned conduits subject to the review and
written approval of Grantee; such approval not to be unreasonably
withheld or delayed.
4 . At the expiration of the Temporary Easement, Grantee
shall restore such Property to a condition as near as practicable
to the condition that existed immediately prior to Grantee ' s
operations . Grantee shall not be required to restore vegetation
to the pre-existing condition, but shall establish vegetation for
erosion control on the Property at the termination of this
Temporary Easement in accordance with the Environmental Impact
Report and Grantee ' s specifications .
Temporary Easement Deed -3-
MWD INFEDl-33-120TEAl
-TEA2, and -TEA3
APN 151-241-019
Dated: CITY OF SAN BERNARDINO,
a municipal corporation
By
(Print Name and Title)
By:
(Print Name and Title)
Authorized by MWD Administrative Code Section 8221 (g)
SEV/33120TEA/wbetd562
I
AGREEMENT OF PURCHASE AND SALE
AND JOINT ESCROW INSTRUCTIONS
MWD INFED1-33-120TEA1,
-TEA2, -TEA3 and -PEA1
APN 151-241-019
This Agreement is made as of
1997, between the CITY OF SAN BERNARDINO, a municipal corporation
(Seller) , and THE METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA, a public corporation (Buyer) .
In consideration of the mutual covenants herein
contained, it is agreed as follows :
1 . Seller shall sell, and Buyer shall buy, a Temporary and
a Permanent Easement in land in the County of San Bernardino,
State of California, which interest is hereinafter referred to as
"Property, " and is described in Exhibit A and shown on Exhibit B,
attached hereto and incorporated herein by reference. Said
exhibits are- contained in the attached granting instrument (s)
(Exhibit C) of said interest (s) to be executed pursuant to
paragraph 3 herein for $185, 000, payable at the close of escrow
referred to hereinbelow.
2 . The sale shall be completed through an escrow to be
opened at Chicago Title Company, 560 E. Hospitality Lane,
San Bernardino, California 92408, Attention: Christy Munsey,
forthwith. Such escrow shall be 30 days, and shall include the
following terms in addition to those set forth hereinabove :
a. Buyer shall pay reasonable closing costs of the
transaction.
b. Possession of Property shall be given to Buyer at
the close of escrow; however, during the term of the escrow,
Buyer' s agents may enter Property for the purpose of doing
any engineering work.
C . At the close of escrow, title to the Temporary and
Permanent Easements described hereinabove shall vest in
Buyer subject to those title matters that have been approved
Easement Agreement -2-
MWD INFEDl-33-120TEA1,
-TEA2 , -TEA3 , and -PEA';
by Buyer in writing. Such vesting shall be insured by a
standard policy of title insurance in the amount of the
purchase price herein.
d. Buyer shall require that all liens evidencing
monetary encumbrances (other than liens for nondelinquent
property taxes) be subordinated to Buyer' s interest .
e . Buyer shall, at Buyer' s sole cost and expense,
provide for the replanting of trees, shrubs and ground cover
on Seller' s property upon completion of Buyer' s operations,
and for the maintenance and care of same, in accordance with
the attached Inland Feeder Project Contractor' s
Specifications ; namely Sections 02810 (Irrigation System) ,
02915 ',Trees and Shrubs) , 02:22 (Site Seeding and Soil
Supplements) , which Seller has reviewed and hereby accepts .
f . No escrow instructions other than those contained
herein shall be required.
3 . Seller shall execute the deed (s) necessary to
effectuate this Agreemer_c concurrently with the executic-_ of this
Agreement , which documents, after accectance by Buyer as required
by law, shall be transmitted immediately thereafter to escrow
company, at its address set forth ^ereinabove with a copy of this
Agreement and instructions to open an escrow for the sale of
Property in accordance wi-h the terms -hereof .
4 . Exhibits A and 3 attached hereto are exhibits to this
Agreement as well as to t:^e deed a-tac ed as Exhibit C.
essence ..f e
e- Agreement .
5 . Time is of the �s _: �.__s
Easement Agreement -3-
MWD INFEDI-33-120TEA1 ,
-TEA2 , -TEA3 , and -PEA1
Seller ' s Mailing Address : THE CI-Y OF SAN BERNARDINO,
a municipal corporation
Post Office Box 710
San Bernardino, CA 92402 By:
Feint Name and Title)
By:
(=Tint Name and Title)
Seller
Buyer ' s Mailing Address : THE ME-ROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
Post Office Box 54153
Los Angeles, CA 90054 -0153 John R. Wodraska
Engineering Division Genera- Manager
Real Estate Services
Attention Stephen E. Vollucci
By
Gary M. Snyder
Chief:' Engineer
Buyer
SEV\ACQ-22\33-120ag
(wbetd566)
Attachments
Cw