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HomeMy WebLinkAbout05.Y- Removal of Designation for Useby Water Department of Property Located East of Nort Sterling Ave and North of Foothill Drive 5.Y, RESOLUTION (ID # 4351) DOC ID: 4351 B CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Agreement From: Stacey R. Aldstadt M/CC Meeting Date: 03/21/2016 Prepared by: Georgeann "Gigi" Hanna, Dept: Water Ward(s): 3, 4 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Designating Property Located at 1350 S. "E" Street for Use by the Water Department, Removing the Designation for Use by the Water Department of Property Located East of North Sterling Avenue and North of Foothill Drive and Authorizing the City Manager to Execute a Memorandum of Understanding Between the Mayor and Common Council and the Board of Water Commissioners Regarding the Land Designations. (#4351) Current Business Registration Certificate: Not Applicable Financial Impact: N/A Motion: Adopt the Resolution. Synopsis of Previous Council Action: None Background: At the February 16, 2016 joint regular meeting of the Mayor and Common Council (the "MCC") of the City of San Bernardino, the MCC acting as the Successor Agency to the Redevelopment Agency of San Bernardino (the "Successor Agency") adopted a resolution to authorize the transfer of certain real property assets from the Successor Agency to the City of San Bernardino ("City"). Included in this transfer was the property located in the City at 1350 S. "E" Street (the "E" Street Property). Given the close proximity of the "E" Street Property to the San Bernardino Municipal Water Department's ("SBMWD") administration building and Water Reclamation Plant, located at 397 Chandler Place and 399 Chandler Place, respectively, a redesignation of City properties is proposed to designate the "E" Street Property for SBMWD use. Consequently, a property currently designated for SBMWD use, located east of North Sterling Avenue and north of Foothill Drive (the "Sterling Property"), will no longer be designated for SBMWD use. Adoption of the attached resolution, which will lead to the execution of a Memorandum of Understanding between the MCC and SBMWD Board of Water Commissioners, allows for the redesignation of the "E" Street Property and the Sterling Property. City Attorney Review: Supporting Documents: Reso Water Land Designation 1 350S EST (PDF) Updated: 3/17/2016 by Jolena E. Grider B Packet Pg. 592 5.Y 4351 ResoExA Att 1—Water_Land Desgination1350SEST (PDF) ResoExA Att 2_Water_Land Desgination1350SEST (PDF) Agrmt. 4351 (PDF) ResoExB Water LandDesgination1350SEST (PDF) Updated: 3/17/2016 by Jolena E. Grider B Packet Pg. 593 5.Y.a 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO DESIGNATING PROPERTY LOCATED AT 1350 S. "E" STREET FOR 4 USE BY THE WATER DEPARTMENT, REMOVING THE DESIGNATION FOR USE BY THE WATER DEPARTMENT OF PROPERTY LOCATED EAST OF NORTH 5 STERLING AVENUE AND NORTH OF FOOTHILL DRIVE AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING _ 6 BETWEEN THE MAYOR AND COMMON COUNCIL AND THE BOARD OF WATER 7 COMMISSIONERS REGARDING THE LAND DESIGNATIONS. N N t U L 8 WHEREAS, the City of San Bernardino ("City"), through the Board of Water 9 Commissioners of the City of San Bernardino, operates the San Bernardino Municipal Water a Department("SBMWD") a department within the City to provide water and sewer treatment services 3 10 to persons and businesses located within and outside the city limits; and, co c 11 WHEREAS,the SBMWD manages and controls the City's water and sewer utility revenues, -! expenses, assets, and liabilities, which are accounted for in segregated utility enterprise funds known 12 as the Water Fund and Sewer Fund, which pursuant to Charter Sections 134 and 164 are kept v 13 separate and apart from the other revenues, expenses, assets, and liabilities of the City; and, En w 14 WHERAS,the City's general tax revenues, expenses, assets, and liabilities are accounted for o in the General Fund which is managed and controlled by the Mayor and Common Council; and, r 15 = 0 16 WHEREAS, it has been the practice of the City to document transfers between the General Fund, Water Fund, and Sewer Fund with Memorandums of Understanding between the Mayor and T 17 Common Council, acting as the highest governing body of the City with relation to the General o Fund, and the Board of Water Commissioners, acting as the highest governing body of the City with = 18 relation to the Water Fund and Sewer Fund, to demonstrate compliance with Proposition 218 (Article XIII D, Section 6 of the Constitution of the State of California); and, 19 20 WHEREAS, the City of San Bernardino ("City") is the owner of that certain real property of and improvements located at 1350 S. "E" Street, in the City of San Bernardino, County of San 21 Bernardino, State of California, more particularly described in Attachment "1" to Exhibit "A" attached hereto and incorporated herein by this reference as though set forth in full (the "E" Street 22 Property"); and, E U 23 WHEREAS,the"E" Street Property is designated for general government use; and Q 24 WHEREAS, the best use of the "E" Street Property would be designation for use by the 25 SBMWD; and, 26 WHEREAS, the "E" Street Property has a fair market value of ONE MILLION SEVENTY- 27 THREE THOUSAND FIVE HUNDRED DOLLARS ($1,073,500) as determined by independent appraisal; and, 28 1 Packet Pg. 594 1 WHEREAS, the City of San Bernardino ("City") is the owner of that certain real property and improvements comprising approximately 115.20 acres located East of North Sterling Avenue, 2 North of Foothill Drive, in the City of San Bernardino, County of San Bernardino, State of 3 California, a portion of the property with assessor's parcel number 0155-361-28, more particularly described in Attachment"2"to Exhibit"A" attached hereto and incorporated herein by this reference 4 as though set forth in full (the"Sterling Property"); and, 5 WHEREAS, the City, by Resolution 11723 on April 4, 1974, designated the Sterling 6 Property for use by the SBMWD; and, � 7 WHEREAS, the best use of the Sterling Property would be to remove the designation for use c°14 by the SBMWD; and, 2 8 ca a WHEREAS, the Sterling Property has a fair market value of NINE HUNDRED SEVENTY- 9 NINE THOUSAND TWO HUNDRED DOLLARS ($979,200) as detennined by an independent CL 10 appraisal. c co 11 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON -j COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 12 1* 13 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of the Mayor and Common Council of the City of San Bernardino w 14 the Land Designation Memorandum of Understanding attached hereto as Exhibit "A" and C1 incorporated herein by this reference as though set forth in full. 15 = 0 16 SECTION 2. Conditioned upon approval of the Memorandum of Understanding by the Board of Water Commissioners of the City of San Bernardino and execution of the Land °' 17 Designation Memorandum of Understanding, Resolution 11723 of the Mayor and Common o 18 Council, passed on April 4, 1974, is hereby amended to remove the following language: J 1 19 `BE IT FURTHER RESOLVED that all property affected by this transaction will be designated for Water Department use." 20 0l 21 SECTION 3. The City Manager of the City of San Bernardino is hereby authorized and directed to execute such further documents as may be necessary to carry out the purposes of this 22 Resolution, so long as such further documents are approved as to form and content by the City E Attorney. 23 ca r 24 SECTION 4. These authorizations expire if the documents are not fully executed within a ninety(90) days of the date of passage of this Resolution. 25 26 27 HI 28 2 Packet Pg. 595 5.. 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DESIGNATING PROPERTY LOCATED AT 1350 S. "E" STREET FOR 2 USE BY THE WATER DEPARTMENT, REMOVING THE DESIGNATION FOR USE 3 BY THE WATER DEPARTMENT OF PROPERTY LOCATED EAST OF NORTH STERLING AVENUE AND NORTH OF FOOTHILL DRIVE AND AUTHORIZING 4 THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE MAYOR AND COMMON COUNCIL AND THE BOARD OF WATER 5 COMMISSIONERS REGARDING THE LAND DESIGNATIONS. 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and o 7 N 8 Common Council of the City of San Bernardino at a meeting thereof, held on the 9 day of , 2016, by the following vote, to wit: Q 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ LO 12 M d' BARRIOS 13 ~' W 14 VALDIVIA o M T 15 SHORETT o 16 NICKEL N 17 °� 0 RICHARD C 18 cu J 19 MULVIHILL c� 20 0l Georgeann Hanna, City Clerk cn 21 22 The foregoing Resolution is hereby approved this day of , 2016. E s U 23 Q 24 R. Carey Davis, Mayor 25 City of San Bernardino Approved as to form: 26 Gary D. Saenz, City Attorney 27 By: y� 28 3 Packet Pg. 596 f Attachment 1 1350 S. "E" Street Property All that certain real property situated in the County of San Bernardino, State of California, described as follows: Parcel No. 1: 0 N That portion of Lot 23, Block 54, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, at Page 2, Records of said County, described as follows: Q Cn c� Beginning at the intersection of the North line of said Lot 23 with the West line of"E" Street, 82.50 feet wide, as conveyed by Deed from the City of Riverside to the County of San Bernardino, as recorded May c 23, 1924 in Book 845,Page 268 of Deeds; thence Westerly along the North line of said Lot 23, a distance of 308.09 feet to the East line of the property conveyed by deed from the City of Riverside to the State of California, as recorded September 29, 1955 in Book 6820, Page 542, of Official Records of said County; thence Southerly along the East line of said highway property to a point of intersection with a line parallel w with and distant 485 feet from the North line of said Lot 23; thence Easterly and parallel with the North 0 line of said Lot 23, a distance of 311.16 feet to the West line of`B" Street; thence Northerly along the M West line of"E" Street to the point of beginning. o c Except therefrom that portion conveyed to the State of California by Final Order of Condemnation a, recorded January 8, 1970 in Book 7368,Page 389 of Official Records. o c Excepting therefrom that Easterly 8.75 feet thereof. L r Excepting therefrom that portion of Lot 23, Block 54, Rancho San Bernardino, as per plat recorded thereof in Book 7 of Maps, Page 2, in the Office of the County Recorder of said County, described as follows: Q Commencing at the intersection of the North line of said Lot 23 with the West line of"E" Street, 82.50 0 feet wide, as conveyed by deed from the City of Riverside to the County of San Bernardino, as per deed recorded May 23, 1924 in Book 845, Page 268 of Deeds, records of said County; thence Westerly along c the North line of said Lot 23 to the intersection of a line that is parallel with and 50.00 feet West of, as m E measured at right angles to the center line of said"E" Street;thence South along said parallel a distance of -� 125.00 feet to the true point of beginning; thence West and parallel with the North line of said Lot 23 a distance of 116.25 feet; thence South and parallel with the center line of said "E" Street, a distance of `t 125.00; thence East and parallel with the North line of said Lot 23, a distance of 116.25 feet to the intersection of said parallel line that is 50.00 feet West of, as measured at right angles to said center line "E" Street; thence North along said parallel line, a distance of 125.00 feet to the true point of beginning. Packet Pg. 597 Parcel No. 2: r The Westerly 2.25 feet together with the Southerly 6 feet of the following described property: That portion of Lot 23, Block 54, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per Plat recorded in Book 7 of Maps, at Page 2, Records of said County, described as follows: Commencing at the intersection of the North line of said Lot 23 with the West line of"E" Street, 82.50 feet wide, as conveyed by deed from the City of Riverside to the County of San Bernardino as per deed recorded May 23, 1924 in Book 845, Page 268, of Deeds, Records of said C) N County; thence Westerly along the North line of said Lot 23 to the intersection of a line that is parallel with and 50.00 feet West of, as measured at right angles to the center line of said"E" Street;thence South along said parallel line a distance of 125.00 feet to the true point of beginning; thence West and parallel Q with the North line of said Lot 23 a distance of 116.25 feet; thence South and parallel with the center line of said "E" Street, a distance of 125.00; thence East and parallel with the North line of said Lot 23, a distance of 116.25 feet to the intersection of said parallel line that is 50.00 feet West of, as measured at J right angles to said center line "E" Street; thence North, along said parallel line, a distance of 125.00 feet to the true point of beginning. M Assessor's Parcel No: 0141-252-04-0-000 and 0141-252-06-0-000 w Cn 0 M r C O cc C N N C R J I L Q� �I r iJ Q W O U) NNCD Y E .L. V Y Q b Packet Pg.598 5.Y.c Attachment 2 Sterling Property All that certain real property situated in the County of San Bernardino, State of California, described as follows: Parcels 1 and 2 of that certain Certificate of Compliance No. 2005-04 in the City of San Bernardino, County of San Bernardino, State of California,recorded April 22, 2005 as Instrument No. 2005-0283484 0 of Official Records, described as follows: N .c Parcel 1: CL Those portions of Lots 5 and 6 of Section 19,Township 1 North,Range 3 West, San Bernardino Base and Cn Meridian, in the County of San Bernardino, State of California, according to the Official Plat of said land on file in the District Land Office,more particularly described as follows: J Commencing at the Northerly centerline intersection of Foothill Drive and Sterling Avenue as shown on n Tract Map No. 11857,recorded in Map Book 185,Pages 42 to 49, inclusive,Records of said County. U) w Thence North 00°05'45" West,a distance of 47.31 feet; 0 Thence North 00°04'33" West,a distance of 111.20 feet to a point on the East boundary line of said Tract M Map No. 11857, said point being the point of beginning; o Thence continuing North along said East boundary line,North 00°04'33"a distance of 921.65 feet; c c Thence North 13°58'00"East, a distance of 210.75 feet to the beginning of a tangent 1030.00 foot radius curve, concave to the West; 0 Thence Northerly along said curve,through an angle of 07°54'00" a distance of 142.02 feet; _ Thence South 89°51'03"East, a distance of 94.95 feet; Thence South 59°13'24"East, a distance of 295.00 feet; ; Thence South 08°16'49"East, a distance of 501.06 feet; f° Thence South 51°13'00" West, a distance of 199.58 feet; cq� i+ Thence South 00°02'25"West, a distance of 357.41 feet; Q Thence South 46°31'49"West, a distance of 289.87 feet; x Thence South 00°22'58"West,a distance of 114.73 feet; c Thence South 39°25'02"East, a distance of 59.78 feet; N a� Thence South 49°41'34"West, a distance of 50.86 feet to a point on the Northeasterly right of way of c Foothill Boulevard(40 feet wide) as shown on said Tract Map No. 11857; E Thence along said Northerly right of way of Foothill Boulevard,North 45°02'33"West a distance of 83.10 feet to a point on the Easterly boundary of said Tract No. 11857, said point being the beginning of a 230.00 foot radius non-tangent curve,concave to the West,a radial to said point bears South 82°17'34" Q East; Thence along said Easterly boundary of said Tract No. 11857,Northerly, along said curve,through a central angle of 48°16'26"a distance of 193.78 feet; Thence tangent to said curve North 40°34'00"West, a distance of 23.21 feet to the point of beginning. Packet Pg. 599 5.Y.c Parcel 2: Lots 5 and 6 and the East 1/2 of the Northwest '/ of Section 19,Township 1 North,Range 3 West, San Bernardino Base and Meridian,in the County of San Bernardino, State of California, according to the Official Plat of said land on file in the District Land Office. Excepting therefrom that portion conveyed to San Bernardino County Flood Control District by deed recorded January 15, 1981 as Instrument No. 81-010575 of Official Records. 0 N Also excepting therefrom any portion lying within Tract 11857 per plat recorded in Book 185 of Maps,Pages 42 to 49, inclusive,records of said County. Also excepting that portion lying Southeast of that property conveyed to the San Bernardino N County Flood Control District by deed recorded January 5, 1981 as Instrument No. 81-010575, of Official Records. � Also excepting therefrom any portion lying within Sterling Avenue. Also excepting therefrom those portions of Lots 5 and 6 of Section 19, Township 1 North,Range 3 West, w San Bernardino Base and Meridian,in the County of San Bernardino, State of California, according to the o Official Plat of said land on file in the District Land Office,more particularly described as follows: M c 0 Commencing at the Northerly centerline intersection of Foothill Drive and Sterling Avenue as shown on c Tract Map No. 11857 recorded in Map Book 185,Pages 42 to 49 inclusive,Records of said County; a, Thence North 00°05'45"West, a distance of 47.31 feet; 0 Thence North 00'04'33"West, a distance of 111.20 feet to a point on the East boundary line of said Tract Map No. 11857, said point being the point of beginning; -� Thence continuing North along said East boundary line,North 00°04'33"a distance of 921.65 feet; Thence North 13°58'00"East, a distance of 210.75 feet to the beginning of a tangent 1030.00 foot radius curve, concave to the West; NI Thence Northerly along said curve,through a central angle of 07°54'00" a distance of 142.02 feet; Q Thence South 89°51'03"East,a distance of 94.95 feet; Thence South 59'13'24"East, a distance of 295.00 feet; o Thence South 08°16'49' East, a distance of 501.06 feet; N m o: Thence South 51°13'00"West, a distance of 199.58 feet; Thence South 00°02'25" West, a distance of 357.41 feet; E Thence South 46°31'49" West, a distance of 289.87 feet; s Thence South 00°22'58"West, a distance of 114.73 feet; Q Thence South 39°25'02" East, a distance of 59.76 feet; Thence South 49°41'34" West, a distance of 50.86 feet to a point on the Northeasterly right of way of Foothill Boulevard(40 feet wide) as shown on said Tract Map No. 1 1857; Thence along said Northerly right of way of Foothill Boulevard,North 45°02'33"West, a distance of Packet Pg.600 .nrar� 5.Y.c 83.10 feet to a point on the Easterly boundary of said Tract No. 11857, said point being the beginning of a 230.00 foot radius non-tangent curve,concave to the West, a radial to said point bears South 82°17'34" East; Thence along said Easterly boundary of said Tract No. 11857,Northerly, along said curve,through a central angle of 48°16'26"a distance of 193.78 feet; Thence tangent to said curve,North 40°34'00' West, a distance of 23.21 feet to the point of beginning. Also except therefrom that portion of said land conveyed to Michael R.McNally,a single man, as set forth and described in that certain document recorded May 13,2009 as Instrument No. 2009-0206901 of N Official Records. L CU a Assessor's Parcel No: 0155-361-28 a CU 3 c M d' F Cn W O LO M r C O to C 2 C CU J LI i+ CU N r .f+ Q a X w 0 CD c m E R Q Packet Pg. 601 S.Y.d MEMORANDUM OF UNDERSTANDING REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES This MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this 7th day of March_,20 16 ,BY AND BETWEEN: the MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ("COMMON COUNCIL"), acting as the highest governing body of the CITY OF SAN BERNARDINO, a charter city,with regards to general government services; and, the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO ("WATER BOARD"), acting as the highest governing body of the SAN BERNA.RDINO MUNICIPAL N WATER DEPARTMENT, a department of the CITY OF SAN BERNARDINO created by the CHARTER OF THE CITY OF SAN BERNARDINO (individually the COMMON COUNCIL and Cz WATER BOARD may be referred to as a"PARTY" and collectively the COMMON COUNCIL and WATER BOARD may be referred to as the"PARTIES"). a 3 RECITALS: N c �a WHEREAS, the MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO have determined that it is the in the best interests of the CITY of SAN BERNARDINO to designate certain real property located at 1350 South"E" Street in the CITY OF SAN BERNARDINO,defined hereinafter as the"E" STREET PROPERTY and with a fair market value of ONE MILLION SEVENTY-THREE THOUSAND FIVE HUNDRED DOLLARS ($1,073,500) as determined by independent appraisal, for the use of the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT;and, WHEREAS, the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO has determined Q that approximately 1 15.20 acres of real property located East of North Sterling Avenue and North of Foothill Drive in the CITY OF SAN BERNARDINo, defined hereinafter as the STERLING PROPERTY and with E E a fair market value of NINE HUNDRED SEVENTY-NINE THOUSAND TWO HUNDRED CU ($979,200) as determined by an independent appraisal, is no longer necessary for use by the SAN Q BERNARDINO MUNICIPAL WATER DEPARTMENT;and, WHEREAS, by the CHARTER OF T14E CITY OF SAN BERNARDINO, the COMMON COUNCIL is the highest governing body of the CITY OF SAN BERNARDINO with respect to general tax revenues, expenditures, assets,and liabilities, collectively accounted for in the GENERAL FUND; and, WHEREAS, by the CHARTER OF THE CITY OF SAN BERNARDINO, the WATER BOARD is the highest governing body of the CITY OF SAN BERNARDINO with respect to water utility and sewer treatment revenues, expenditures, assets, and liabilities, collectively accounted for in the WATER FUND and SEWER FUND, respectively; and, MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMON COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE.I OF 3 Packet Pg. 602 5.Y.d WHEREAS,it has been the practice of the CITY OF SAN BERNARDINO to document transfers between.the GENERAL FUND, WATER FUND, AND SEWER FUND with Memorandums of Understanding between the COMMON COUNCIL and the WATER BOARD to demonstrate compliance with Proposition 218(Article XIII D, Section 6 of the Constitution of the State of California). NOW,THEREFORE,the PARTIES agree as follows: 1. The recitals set forth in "RECITALS" are, by this reference, incorporated into and deemed a part of this MOU. 2. The COMMON COUNCIL shall, by resolution, designate that certain real property and improvements located at 1350 S. "E" Street, in the City of San Bernardino, County of San Bernardino, State of California, more particularly described on Attachment "1" attached hereto and incorporated herein by this reference as though set forth in full (the ....0' STREET PROPERTY") for use by the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT. N 3. The WATER BOARD accepts the designation of the "E" Street Property for use by the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT. 4, The COMMON COUNCIL shall, by resolution, remove the designation for use by the SAN U) BERNARDINO MUNICIPAL WATER DEPARTMENT of that certain real property and improvements c comprising approximately 115.20 acres located East of North Sterling Avenue, North of Foothill Drive, in the City of San Bernardino, County of San Bernardino, State of California, LO a portion of the property with assessor's parcel number 0155-361-28, more particularly described in Attachment "2" attached hereto and incorporated herein by this reference as though set forth in full (the"STERLING PROPERTY"). v r 5. The WATER BOARD accepts the removal of the designation for use by the SAN BERNARDINO a� MUNICIPAL WATER DEPARTMENT of the STERLING PROPERTY. Q r c E [Signature Page Follows] U to w Q MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMON COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 2 OF 3 Packk Pg. 603 5.Y.d MEMORANDUM OF UNDERSTANDING REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES By and between the City of San Bernardino and the Board of Water Commissioners of the City of San Bernardino for the land designation of certain properties. BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO: Date: Toni Callicott,President t° 0 N L V L Date: Robin L.Ohama, Secretary s=. ca 3 MAYOR AND COMMON COUNCIL OF THE ca CITY OF SAN BERNARDINO: Lo M Date: i Mark Scott,City Manager E i 0) APPROVED AS TO FORM: ATTEST: Q Gary D. Saenz,City Attorney m E t f � U B t /A1 La�CEO,— Q Robin L.Ohama,Secretary MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMON COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 3 OF 3 Packet Pg.604 r tNO iex vue) s Q5bt WIT fttb ltd"; of -21"tr t RECORDED REQUEST of MAIL T4 90 all to loom theve pmento 4ari came, drtettngs. N D. M. Erzinger RLLORDI'"I;1 OFFICIAL RECORDS San Bdno. Municipal Water Dept. �)r SAHBE13WI)I{000UNTY CAL. P. 0. Box 710 'X/-�l) V.DENhtlStl►ARpi San Bernardino, Calif, 92403' Ci.!ift:<•fFC9RCF.EI WHEREAS N� 1974 APR 15 nM 12 13 City of San Bernar no, California, is entitled to a Land Patent pursuant to the Act approved March 20, 1922, 42 Stat. 465, entitled "An Act to consolidate national forest lands", as amended i by the Act of February 28, 1925, 43 Stat. 1090, as supplemented by the Act of • o .Tune 11, 1960, 74 Stat. 205, for the following described lands: N San Bernardino Meridian, California T. 1 N., R. 3 W., a is Sec. 19, Lots 5 and 6 and VIVA; to T. 1 N., R. 4 W., J See. 10, StNSMSO�; r LO Containing 168.73 acres. �M, NOW KNOW YE, that there is, therefore, granted by the UNITED STATES unto W N the above named claimant the lands above described; TO HAVE AND TO HOLD the 0 M said lands with all the rights, privileges, immunities, and appurtenances, of �d � f O whatsoever nature, thereunto belonging, unto the said claimant, and to its Ca successors, forever; D EXCEPTING AND RESERVING TO THE UNITED STATES from the lands so granted a m right—of-tray thereon for ditches or canals constructed by the authority of the LI a� United States. Act of August 30, 1890, 26 $tat, 391, 43 U.S.C. .945 (1970). ca �I m X W O N IN TESTIMONY WHEREOF, the undersigned authorized officer of the Bureau of Land Management, in accordance with the +. provisions of the Act of June 17, 1948 (62 Stat. 476), has, _ m in the name of the United States,caused these letters to be E made Patent, and the Seal of the Bureau to be hereunto U ti affixed. GmN under my hand, in Sacramento, California, ' the FIFTEENTH day of FEBRUARY in the (SEAL) year of our Lord one thousand nine hundred and SEVENTY— FOUR and of the Independence of the United States the one hundred and NINETY-EIGHTH. Chief Branch of Lands and Minerals Operations Patent Number_._0.47117!0061 Caifornia State Office eao.74e RLSOL UTION NO. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING A LAND PATENT ON BEHALF OF THE CITY OF SAN BER- NARDINO FROM THE UNITED STATES FOREST SERVICE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION ONE: That the City of San Bernardino does hereby accept Land i Patent Number 04-74-0061 from the United States Forest Service ca r for the following described lands: N T. 1N., R. 3W., v Sec. 19, Lots 5 and 6 and q NWk; a ca T. 1N., R. 4W., Sec. 10, SWk SE4 SEk; _ ca J San Bernardino Meridian, California Containing 168.73 acres. M d' H (7 SECTION TWO: W 0 That a copy of said Land Patent is attached hereto, marked U) M r Exhibit "A", and made a part hereof as fully as though set forth 0 at length herein. Cl) m BE IT FURTHER RESOLVED that all property affected by this trans- -tea c action will be designated for Water Department use. J J CD J.d I HEREBY CERTIFY that the foregoing Resolution was duly adopted 00 by the Mayor and Common Council of the City of San Bernardino at a K w 0 regular meeting thereof, held on the kiday of 1974, by the following vote, to wit: w AYES: COUNCI N �' NOES: `t ABSENT: City Clerk The foregoing Resolution is hereby approved this -� day of _ 1974. _ w. R. HOLCOMP Mayor of the City of Sam Bernardino { r STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ) I, Lucille Coforth, City Clerk in and for the City of Spann �Bernar- dino, hereby certify that the foregoing Resolution No. � is a full, true and correct copy of that now on file in this office, IN WITNESS 14HEREOF I have hereunto set my hand and-affixea the seal of the City of San Bernardino this �Gday of , 1974. SEAL O • N V City Cle k (SEAL) Q. 3 ' J r M d' N W Cn O LO M C O C • � N C tc J LI W x W O N Q� c�c G V a s i a