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HomeMy WebLinkAbout6943, 10-28-19631 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 - 28 29 30 3f 32 RESOLUTION. NO. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A RIGHT OF ENTRY TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY SAN BERNARDINO AS FOLLOWS: SECTION ONE: That the City of San Bernardino approve a Righ,,- of Entry for the San Bernardino County Flood Control District, and its officers, agents and employees to enter upon certain land of said City for the purpose of excavating and constructing channels and floodways. SECTION TWO: That said Right of Entry referred to herein, a copy of which is attached hereto, marked Exhibit 'AS1, and is hereby referred to and made a part hereof as fully as though set out at length herein, is hereby approved. SECTION THREE: That the Mayor of the City of San Bernardino is hereby authorized and directed to execute said Right of Entry on behalf of said City. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernar- dino at a,.,,/ ��,. meeting thereof held on the:_.:' day of:i. , 1963, by the following vote, to wit: y� AYES: 9 ' r � NOES: ABSENT: ity , er k I hereby approve the foregoing Resolution this•_-�rrday of T, 1963. �► ,',ppr d as to form: O Ci Attorney yor of the C*'ey o ` ban RIGHT OF ENTRY CITY OF SAN BERNARDINO, a municipal corporation, hereinafter known as Grantor, hereby consents to permit the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, its officers, agents and employees, and persons under contract with said District and their employees to enter upon said Grantor's property hereinafter described, for the purpose of excavating and constructing channels and fl©odways. SAID PROPERTY DESCRIBED AS FOLLOWS: Parcel 20A: A portion of Lot 22, Block 54, Rancho San Bernardino, as per plat recorded in Book 7 of Maps, page 2, records of said County, described in instru- ment recorded in Book 387, page 181, Official Records of said County, said portion more particularly described as follows: Beginning at a one -inch iron pipe marking the Southwest corner of said Lot 22; thence North 00a 49' 22" West, 1317.67 feet along the West line of said Lot 22 to the Northwest corner thereof; thence along the North line of said Lot 22, South 89° 32' 47" East, 791.89 feet; thence South 30° 31' 04" West, 1522.12 feet to the point of beginning. Parcel 2OB: All that portion of Lot 21, plat recorded in Book 7 of Maps, page 22 recorded in Book 374, page 270, Official particularly described as follows: Block 54, Rancho San Bernardino, as per records of said County, described in deed Records of said County, said portion more Beginning at a one -inch iron pipe marking the Southeast corner of said Lot 21; thence along the South line of said Lot 21 North 89' 59' 22" West (recorded West), 764 feet; thence North 28 52' 34" East (recorded North 29° 06' 00" East), 489.67 feet to a point in the Southeasterly line of that land conveyed to the San Bernardino County Flood Control District as Tract 26 in instrument recorded in Book 2550, page 145, Official Records of said County; thence North 46' 18' 25" East, 297.44 feet; thence North 02° Ol' 54" West, 61.78 feet along the Easterly line of said Tract 26; thence North 68° 35' 25" East (recorded North 69° 07' 00" East), 325.41 feet to a point in the East line of said Lot 21, said point being North 0, 49' 22" West (recorded North), 815.00 feet from the Southeast corner of said Lot 21; thence along the East line of said Lot 21, South 00m 49' 22" East (recorded South), 815.00 feet to the point of beginning. EXCEPTING from said Parcels 20A and 20B, all water and water rights, including, but not limited to all riparian, appropriative, overlying, and prescriptive rights to the use of water, and the right to produce, extract, take, divert, and use water. from the property by means of wells, or otherwise, and to transport such water therefrom provided that no new waterworks structures, facilities, or appurtenances shall be located on said property which may interfere or conflict with the San Bernardino County Flood Control District's use of said property without first ob- taining the written approval of the Chief Engineer of the San Bernardino County Flood Control District for such structures, facilities, or appurtenances, which approval shall.not be unreasonably withheld. ALSO EXCEPTING from Parcels 20A and 20B an easement for the purpose of operating, maintaining, repairing, and replacing existing sewage effluent outlet facilities without however, the right to dig, mine, or excavate into or through any flood control facilities without first obtaining the written approval of the San Bernardino County Flood Control District for such work, which approval shall not be unreasonably withheld. It is Hereby understood that occupancy of the above described property by said District is to facilitate above said work and permission is given by Grantor for said District and others above specified to enter upon said property with all necessary machinery, equipment, apparatus and workmen to perform said work. It is also understood that this permission is not a waiver, in any way, of the right to compensation for such land or of any remedy authorized by law to secure payment therefor. This permission is granted on the understanding that District will hereafter, without unnecessary delay, pursue eminent domain proceedings to have just com- pensation determined. This right -of -entry shall terminate and become void at the end of one year from the date of its execution. ACCEPTED: San Bernardino County Flood Control District By. APPROVED AS TO FORM: B City bt-torney BY Deputy County Covhsel San Bernardino County Flood Control District. -2- Lower Warm Creek R-634/10007 a • RIGHT Of 8IRTRY CITE s .� ffi a f,ci_;,al corp hereinafter kzw vu as Grantor,, hereby consents to permit tha SAN BOMR JWO IMMY FLOOD L'DNTMOL DMUCT, its .fficsars, a;- tints and mployaos, a n persons under n�traact with said Dletrict and their Joyess to antor upon sair. "rsntoras property hereinafter described, for the p _:, ;.. +s of extavati and c, ; n > tructi ,. chminel s and f l oodwayrs .. SAID PROPERTY DRSC BED A8 POL OWSt Parcel A onion of Lot 22, Block 34, :1,ia-Leto Sari 3ernzrdlmr as per plat 7ozded ini Boon 7 of maps. :s; a 4, reo::rds of aid County, descarl,:ed in instru- wont recorded in �ook. 387, g ..ge 181, officials .�.>r�s oL -�sld County, aid. pcsrtioa: r pat .cnl 1y described .: Y follow, -'ainning at I car .-Inch it .: pipe marklaa -. the . rn - ;. f :. aka i Lot 2 thence Zbrth OW 49' 20 t> 1.317.67 f:,-at along the line of said Lot 2;4 to the Narthwt corner thereof thena:e along the North line f aid Lot Z2, ,outh W 321 471' gut, 791.89 fe. t1 t'.e a South 30* 311 " Hest, 1522.12 feet to tj -. point of bagia ing. Parcel 2DB• All that portion of lot Zl, plat recorded in Book 7 of Maps, page 2, recorded in Book 374, page 270, Official particularly described as follows; Mack 54, Rancho Sari Bernardino, as per records of said County, described is deed Records of said County, said portion more Beginning at a one -inch iron pipe marking the Southeast corner of said Lot 21; thence along the South line of said Lot 21 North 89" 59' 22" West (recorded West), 764 feet; thence North 2.8• 52' 34" Bast (recorded North 29' 06' 00" Bast), 489.67 fact to a point in the Southeasterly lint of that Tand conveyed to the San Bernardino County Flood Control District as Tract 2.6 in Instrument recorded in Book 2550, page 145, Official Records of said County; thence North 46' 18' 251, Bast, 297.44 feet; thence North 02' 01' 54" West, 61.78 feet along the Imterly line of said Tract 2.6; thence North 68' 35' 25" East (recorded North 69' 07+ OD" East), 325.41 fast to a point in the Bast line of said Lot 21, said point being North D' 49' 22" Nast (recorded North), 815.00 feat from the Southeast corner of said Lot 21; thence along the Bast line of said Lot 21, South QO' 49' 22" Bast (recorded South), 815.40 feet to the paint of beginning. EXCUTING from said Parcels 20A and 20B, all, *pater and water rights, including, but not limited to all riparian, appropriativa, overlying, and prescriptive rights to the use of water, and the right to produce, extract, take, divert, and use water from the property by means of wells, or otherwise, and to transport such water therefrom provided that no now waterworks structures, facilities, or appurtenances shall be located on said property which may interfere or conflict with the Sawa Bernardino County Flood Control District's use of said property without first ob- tainiag the written approval of the Chief Engineer of the Sara Bernardino County Flood Control District for such structures, facilities, or appurtenances, which approval shall not be unreasonably withheld. AL9D JMCW2 from Parcels 20A and 20S an easement for the purpose of operating, maintaining, repairing, and replacing existing sewage effluent outlet facilities without hmovar, the right to dig, mine, or eaacavate into or through any flood control facilities Without first obtaining the smitten approval of the Hays Bernardino County Flood Control District for such work:, which approval shall not be unreasonably withheld. It is hereby understood that occupancy of the above described property by said District is to facilitate above said work and permission is given by Grantor for said District and others above specified to enter upon said property with all necessary machinery, equipment, appssatus and workmen to perform said work., It is also understood that this permission is not a waiver, in any way, of the right to compensation for such land or of any comedy authorisad by law to secure payment therefor. This Lai granted on the understanding that District will bereattsr, vi t bo ut uunrac es s ary delay, pursue mi.nent domain proceedings to have j w t con. pensation determined. This rid`t-of-smtry shsll terminate and become void at the and of one year from the date of its execution. ACCEPTED; San Bernardino County Flood Control District APPROVED AS TD FORK: BY city Attorw unty Cv e San Abrnardino County Flood Control District. M2.- CITY OF SO BUMAID& IAWW tiaso Cr"k "34/10007