HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 11/27/2001 •
East Valley Water District
1155 DEL ROSA AVENUE, SAN BERNARDINO, CA
REGULAR BOARD MEETING November 27, 2001 2:00 P.M.
AGENDA
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"In order to comply with legal requirements for posting of agenda, only those items tiled with the
District Secretary by 10:00 a.m. on Tuesday prior to the following Tuesday meeting not requiring
departmental investigation, will be considered by the Board of Directors".
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
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1 . Approval of Agenda
2. Public Comments
CONSENT CALENDAR
3. Approval of Board Meeting Minutes for November 13, 2001.
4. Approval of Liens for Delinquent Water and Sewer Accounts.
5. Review and accept Draft Financial Statement for period ending September 30, 2001.
6. Resolution 2001.29 — Notice of Completion for the installation of a 50,000 gallon tank at
7695 Vista Rio (Plant 142) in the City of Highland by Superior Tank Company.
7. Accounts Payable Disbursements: Accounts Payable Checks 4187008 through 4187170 were
distributed November 7, 2001 through November 15, 2001 in the amount of $181,660.64.
Payroll Checks were distributed November 9, 2001 in the amount of $75,170.64. Total
Disbursements for the period were $256,831.01.
OLD BUSINESS
8. Radon Rule Update. (General Manager)
9. Claim from City of San Bernardino for injuries incurred by Judith Ann Petrosino.
NEW BUSINESS
10. Discussion and possible action regarding the renewal of the General Manager's Employment
Contract.
. r
H. Discussion and possible action regarding a request from the General Manager for buy-back of
up to fifty (50) hours of vacation time.
12. Discussion and possible action regarding the canceling, or rescheduling, of the December 25,
2001 Board Meeting due to the Christmas Holiday conflict.
13. Discussion and possible action on the ACWA Member Survey regarding potential legislation
that would extend the number of working days for which a board member could be
compensated.
14. Discussion and possible action regarding the Federal Mileage Rate for Year 2002.
15. Resolution 2001.30 —Authorize a Quitclaim Deed to S-P East Highland, LLC.
16. Resolution 2001.31 —Accept Grant Deed Easement from S-P East Highlands, LLC.
REPORTS
17. October 31 -- November 13, 2001 - Releases of Lien for Delinquent Water and Sewer
Accounts.
18. Investment Report for the Quarter ended September 30, 2001.
19. General Manager's Report
20. Oral Comments from Board of Directors
CLOSED SESSION
21. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
[Government Code Section 549571
Title: General Manager
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
ADJOURN
2
DRAFT SUBJECT TO APPROVAL
EAST VALLEY WATER DISTRICT
REGULAR BOARD MEETING NOVEMBER 13, 2001
MINUTES
The meeting was called to order at 2:00 p.m. by President Lightfoot. Director Sturgeon
led the flag salute.
PRESENT: Directors Wilson, Negrete, Sturgeon, Goodin, Lightfoot
ABSENT: None
STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer;
Alberta Hess, Chief Financial Officer; Mary Wallace, Administrative
Assistant.
LEGAL COUNSEL: Steve Kennedy
.. GUEST(s): Jo McAndrews, Camille Bahri, Tony Sedano
APPROVAL OF AGENDA
M/S/C (Goodin-Sturgeon) that the November 13, 2001 Agenda be approved as
submitted.
PUBLIC PARTICIPATION
President Lighffoot declared the public participation section of the meeting open at 2:02
p.m. There being no written or verbal comments, the public participation section was
closed.
APPROVAL OF OCTOBER 23, 2001 BOARD MEETING MINUTES.
M/S/C (Wilson-Negrete) that the October 23, 2001 Board Meeting Minutes be
approved as submitted.
APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS.
The General Manager stated that the owner of property at 5546 Edgemont Dr., 7103
Argyle Ave., 26544 Ward St., 8046 Marilyn Ave., 7576 Golondrina Dr., and 6986
Chumh Ave. had paid the account and should be removed from the lien list.
M/S/C (Wilson-Negrete) that the liens for delinquent water and sewer accounts
be approved for processing with revisions noted by the General Manager.
DRAFT FINANCIAL STATEMENT FOR PERIOD ENDING AUGUST 30, 2001 was
presented to the Board for approval.
M/SIC (Wilson-Negrete) that the Draft Financial Statement for the Period ending
August 30, 2001 be approved.
RESOLUTION 2001.27 - DEDICATION OF SEWERS FOR 7347 BOULDER AVENUE
IN THE CITY OF HIGHLAND was presented to the Board for approval.
M/S/C (Wilson-Negrete) that Resolution 2001.27 be approved.
RESOLUTION 2001,28 - DEDICATION OF WATER DISTRIBUTION SYSTEM FOR
7347 BOULDER AVENUE IN THE CITY OF HIGHLAND was presented to the Board
for approval.
M/S/C (Wilson-Negrete) that Resolution 2001.28 be approved.
DISBURSEMENTS
M/S/C (Wilson-Negrete) that General Fund Disbursements #186762 through
#187007 distributed October 17, 2001 in the amount of $1,224,738.08, and Payroll
Fund Disbursements distributed October 26, 2001 in the amount of $84,560.67 totaling
$1,309,298.75 be approved.
RADON RULE UPDATE
The General Manager reported on the District's progress with the Rule to date; that
there would be a meeting with EPA's Assistant Administrator to discuss the finalization
of the Radon Rule. Information only.
DISCUSSION AND POSSIBLE ACTION REGARDING THE PARKING LOT (10
ACRE) LEASE AGREEMENT,
The "Parking Lot Lease" was discussed at length. Legal Counsel was requested to
prepare a letter to CLC prior to the November 29th meeting requesting monies in
2 Minutes: I 1/13/Or
arrears be paid or a satisfactory explanation presented, request a current plan of action,
and place CLC on notice that these conditions must be met.
M/SIC (Wilson-Negrete) that Legal Counsel prepare a letter directed to CLC as
discussed.
MODIFICATION TO THE LEASE AGREEMENT BETWEEN EVWD AND HIGHLAND
HARVEST BARN, LLC, was presented to the Board for approval.
M/S/C (Negrete-Sturgeon) that the modifications presented by Legal Counsel to
the Lease entered into between EVWD and HIGHLAND HARVEST BARN, LLC be
approved.
RESOLUTION 2001.26 - CONVEYANCE OF PIPELINE EASEMENT FROM HENRY J.
MEYER was presented to the Board for approval,
M/S/C (Sturgeon-Wilson) that Resolution 2002.26 be approved.
NOTICE OF EXEMPTION - CONDEMNATION OF WELL SITE: APN 1210-261-
41/TRACT 13936 "WELL" LOT A was presented to the Board for approval.
M/SIC (Wilson-Negrete) that the Notice of Exemption be approved.
DIRECTOR'S FEES AND EXPENSES FOR OCTOBER 2001 were presented to the
Board for approval.
M/S/C (Negrete-Sturgeon) that the Director's fees and expenses for October
2001 be approved.
DIRECTOR LIGHTFOOT VOTED NO.
CLAIM FOR DAMAGES AT 26677 JANE STREET, HIGHLAND CA. BY TOMAS
MERCADO.
M/S/C (Sturgeon-Wilson) that the claim for damages at 26677 Jane Street by
Tomas Mercado be denied and referred to District's Legal counsel and Insurance
Agency.
SUPPLEMENT TO THE PRE-ANNEXATION AGREEMENT BETWEEN EVWD AND
EAST HIGHLANDS RANCH was presented to the Board for approval,
M/S/C (Wilson-Negrete) that the Supplement to the Pro-Annexation Agreement
between EVWD and EHR be approved.
~
DISCUSSION AND POSSIBLE ACTION REGARDING MWD'S OFFER TO
PURCHASE A TEMPORARY EASEMENT TO BE USED FOR CONSTRUCTION-
RELATED PURPOSES IN CONJUNCTION WITH THE INLAND FEEDER PROJECT.
M/S/C (Wilson-Sturgeon) that the offer to purchase a temporary easement
interest to be used for construction-related purposes for a period of twenty-one months
be accepted.
OCTOBER 13- OCTOBER 30, 2001 - RELEASES OF LIEN FOR DELINQUENT
WATER AND SEWER ACCOUNTS.
List of liens released from October 13-30, 2001 was reviewed. Information only.
GENERAL MANAGER'S REPORT
The General Manager reported on District operations to date; thet a re-count of votes
at the Registrar's office was taking place today; that the "North Fork" tour which took
place on November 8th was a huge success; that there may be problems with the "K-
Rat" in conjunction with the sewer line installation across 5th Street in the City of
Highland. Information only.
ORAL COMMENTS FROM BOARD OF DIRECTORS.
Director Wilson stated that he was looking forward to the upcoming Radon Briefing in
D.C. information only.
There being no further verbal or written comments from the Directors, this section of the
meeting was closed.
STATEMENT FROM DON KURTH, CUCAMONGA COUNTY WATER DISTRICT,
REQUESTING VOTING SUPPORT FOR HIS CANDIDACY TO THE BOARD OF
DIRECTORS OF THE ASBCSD AT THE ANNUAL MEETING ON NOVEMBER 19,
2001. Information only.
ASBCSD MEMBERSHIP MEETING -NOVEMBER '19, 2001, SPRING VALLEY LAKE
COUNTRY CLUB, VICTORVILLE, CA. information only.
CALIFORNIA WATER POLICY II - DECEMBER 6-7, 2001, REGAL BILTMORE
HOTEL, LOS ANGELES, CA. Information only.
WATER EDUCATION FOUNDATION 2002 WATER TOURS:
TOUR: DATE: TOUR: DATE:
Lower Colorado River Mar. 20-22 Sierra Watersheds Sept. 11-13
Central Valley May 22-24 Northern California Oct. 2-4
Bay-Delta Jun. 19-21 So. Calif. Groundwater Oct. 23-25
Information only.
4 Minutes:
ACWA 2002 DC CONFERENCE - FEBRUARY 10~13, 2002, WASHINGTON COURT
HOTEL. Information only.
CLOSED SESSION
M/S/C (Negrete-Goodin) that the meeting adjourn to Closed Session.
The Board entered into session at 3:20 p.m. as provided for in the California Open
Meeting Law, Government Code Section 54945.9(a), to discuss those items listed on the
Agenda.
ADJOURN TO REGULAR SESSION
M/S/C (Wilson-Goodin) that the meeting adjourn to regular session.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
The Board returned to session at 3:30 p.m. The items listed on the Agenda were
discussed in closed session with no reportable action being taken.
ADJOURN
The meeting was adjourned at 3:30 p.m.
Glenn R. Lighffoot, President
Robert E. Martin, Secretary
5 Minutes: 11/13/01
CERTIFICATE OF LIEN
NOVEMBER 27, 2001
ACCOUNT OWNERS PROPERTY AMOUNT
NUMBER NAME ADDRESS OWED
1. 002-0125-2' 1359 GLENMARE ST $61.96
2. 004-0141-5 7400 MCKINLEY ST $145,75
3. 007-0008-1' 5580 BONNIE ST $84.10
4. 014-0190-8' 25427 EDGEMONT DR $220.21
5. 019-1950-0' 26732 MANSFIELD ST $185.71
6. 042-0264-1' 5939 DOGWOOD ST $117.16
7. 073-0088-5* 25154 ELMO DR $27.03
8. 073-0088-5 25154 ELMO DR $43.58
9. 081-0201-5* 6978 ARGYLE AVE $34.59
10. 082-0055-2* 1155 BARTON ST $34.87
11. 082-0233-2*+ 25494 9TH ST $83.76
12. 094-0115-5' 7702 BONNIE ST $72.28
13. 102-0052-7' 24947 7TH ST $119.53
14. 102-0160-0' 24976 UNION ST $197.98
15. 111-0156-0' 26187 CYPRESS ST $30.37
16. 135-0143-O 3t62 ROCKFORD AVE $31.O7
17. 136-0155-7'+ 26511 FRESNO ST $102,34
18. 140-0155-9' 7143 DEVON AVE $57.06
19. 154-0271-1 7576 GOLONDRINA DR $22.01
TOTAL $1,671.36
* STILL OWNS PROPERTY
+ MULTIPLE UNITS
Page 1 of 1
Va~ey G~enn R. Light~oot
East Water District
Donald D. Goodin
Vice President
1155 Del Rosa Avenue., RO, Box 3427 Kip E. Sturgeon
Director
San Bernardino, California 92413 Edward S, Negrete
(909) 889-9501 Director
George E. "Skip" Wilson
Director
Rober~ E, Martin
General Manager
Alberta, M. Hess
Chief Fin~ncla~ Officer
November 16, 2001
The accompanying financial statements for the period ended September 30, 2001, have
been prepared solely by the staff of the East Valley Water District and have not been
audited, reviewed, or compiled by an independent certified public accountant.
Management has elected to omit substantially all of the disclosures and the statement of
cash flows required by generally accepted accounting principles. If the omitted
disclosures were included in the financial statements, they might influence the users
conclusions about the District's financial position, results of operations and cash flows.
Accordingly, these financial statements are not designed for those who are not informed
about such matters.
Administration (909) 885-4900, Fax (909) 889-5732 o Engineering (909) 888-8986, Fax (909) 383-1481
Customer Service & Finance (909) 889-9501, Fax (909) 888-6741
*-' East Valley Water District
Balance Sheet
*September 30, 2001
ASSETS
Utility plant in service - water department $66,790,957.42
Utility plant in service - sewer department 19~561~264.01
86,352,221.43
Less: Accumulated depreciation (26~4587033.16)
59,894,188.27
Construction in progress 4~092~748.58
63~986~936.85
Water department - bond funds - cash in bank 6,475.00
Certificate of Participation reserved funds - cash in bank 6,213,726.02
Reserved funds - designations - cash in bank 1fi61~450.00
7~781~651:02
Cash on hand and in banks 12,765,207.80
Less: Cash restricted 7~781~651.02
4,983,556.78
Accounts receivable (net of allowance) 1,233,100.10
Other receivables (net of allowance) 139,942.12
Inventory 761,091.14
Prepaid expenses 376~075.33
15~275~416.49
Bond discount and incidental bond expenses 31,420.54
Deferred financing charges 470~773.15
502~193.69
TOTAL ASSETS $87~546,198.05
East Valley Water District
Balance Sheet
'September 30, 2001
LIABILITIES AND EQUITY
Certificates of Participation due after one year $16,082,833.25
Less: Deferred amount on refunding of Certificates of Participation (848~392.49)
15,234,440.76
Accounts Payable 1,402,735.97
Accrued payroll and benefits 361,434.80
Customer service deposits 1,004,313.48
Deferred Rental Income 55~833.00
Accrued interest payable 120,028.98
Deposits - refundable 157,060.09
Certificates of Participation due within one year 1,726~266.00
4~827~672.32
TOTAL LIABILITIES 20,062,'113.08
Contributed capital:
Invested in utility plant 23,311,389.22
Other contributed capital 3,665,614.18
Retained earnings:
Reserved for water bond funds 6,475.00
Reserved for emergencies 1,545,000.00
Reserved for unemployment insurance 16,450.00
Fund Balance 37,526,518.67
Net Income for current year 1,412,637.90
TOTAL EQUITY 67,484,084.97
TOTAL LIABILITIES AND EQUITY $87,546,198.05
~n~nq~n~oo oo oooooooooo~oooooOO
EXHIBIT "A"
RESOLUTION 2001,29
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE EAST VALLEY WATER DISTRICT
NOTICE OF COMPLETION
BE IT HEREBY RESOLVED, by the Board of Directors of the East Valley
Water District, as follows:
WHEREAS, based upon the certificate of completion executed by the
District for installation of a 50,000 gallon tank at 7695 Vista Rio (Plant 142).
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors
hereby determine that said contract is completed and the President and
Secretary are hereby authorized to execute a Notice of Completion on behalf of
the District, and the Secretary is hereby authorized and directed to record said
Notice of Completion in the office of the County Recorder, County of San
Bernardino, State of California.
The foregoing resolution was duly adopted at a meeting of the Board of
Directors of the East Valley Water District upon motion duly made, seconded and
carried on November 27, 2001.
Ayes:
Noes:
Absent:
EAST VALLEY WATER DISTRICT
Glenn R. Lightfoot, Board President
Attest:
Robert E. Martin, Board Secretary
(Seal)
W2046
11/15101 jw
RECORDING REQUESTED BY ~
AND WHEN RECORDED MAIL TO
Name East Valley Water Distdct
PO Box 3427
Street 1155 Del Rosa Avenue
Address San Bernardi~o
c~ty&
S~ate Attention: Jenny Williams
APN 1210-361-43
SPACE ABOVE THIS LiNE FOR RECORDER'S USE
NOTICE OF COMPLETION
N~ce pursuant to Civil Code Section 3093, musI be filed within 10 days after completion. (See reverse side for Complete
requirements.)
Notice Is hereby given that:
1. The u~dersigned ts owner or corporate officer of the owner of the interest or estate stated below in the propert7
hereinafter described:
2. The ful~ name of the owner is East Vallev Water District
3. The full address of the owner is PO Sox 3427 1155 Del Rosa Avenue. San Bernard[no. CA 92413
4. The nature of the interest or estate of the owner is, in fee.
NONE
(if other than fee, strike 'in fee' and Insert, for example, 'purchaser under contract of purchase, "or lessee')
5. The full names and full addresses of all persons, if any, who hold tide with the undersigned as joint tenants or as tenants
in common are:
NAME ADDRESS
East Valley Water District. a Count~ Water DIstr~ct
6. A work of Improvement on the property hereinafter described was completed on November 2.2001. The work done was:
See Exhibit "A"
7. The name of the contractor, if any, for such work of improvement was: Superior Tank ComDanv
July 12, 2001
8. The property on which said work of improvement was completed is in the city of Hiehland
County of S~n Bemarffino , State of California, and is described as follows: See Exhibit"A"
9. The street address of said property is 70~5 Vista Rio Hiqhland. CA 92346
(if no street address has bean dfft~culty assigned, insert, "none'.)
East Valley Water District
Date: NQv~mber 27. 2001
Vedtication for Individual Owner
Signature of o~mer or corporate officer of owner
named in paragraph 2 or his agent
Glenn Lightfoot, President
VERIFICATION
I, the undersigned, say: I am the Secretary the dectarant of the foregoing
("President of ", "Manager of', 'A partner of", "Owner of.. Etc.)
notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my knowledge.
~ declare under penalty of perjuP/that the foregoing is flue and correct.
Executed on Novembe¢ 27 ,2001, at San Bernardino . California.
(Date of signature.) (City, where signed.)
Robert E. Martin, Board Secretary
o Z
ALABAMA PALM AVE.
3O FRWy.
,
East Ware istrict
TO: BOARD OF DIRECTORS
FROM: ALBERTA M. HESS / CHIEF FINANCIAL OFFICER
SUBJECT: DISBURSEMENTS
DURING THE PERIOD NOVEMBER 7,2001 THROUGH NOVEMBER 15, 2001 CHECK
NUMBERS 187008 THROUGH 187170 IN THE AMOUNT OF $ 181,660.37 WERE
ISSUED.
PAYROLL CHECKS WERE DISTRIBUTED IN THE AMOUNT OF $75,170.64 OH
NOVEMBER 9, 2001.
TOTAL OF ACCOUNTS PAYABLE DISBURSEMENTS AND PAYROLL FOR THE PERIOD -
$ 256,831.01
NOV-05-[Jl 17:05 P.01 R-351 ,Jolo-G29
P.!
RECEIVED
EAST VALLEY WATER DIST, EASTVALLEYWATERDiSTRicTPOSt-lt*F~Note 7671
~155 DEL ROSA AVENUE T~ ~ a ~ F~,
v ~lNOV 15 PH ~:31 SANBERNARDINO, CA 92410
(909)SSS-9501 FAX;(909)889-5732 ph~~~ c0~
C~IMS FOR DANCES Fax ~ ~ ~, ~ ~
TO PERSON OR PROPER~
"i'~ STRU CTIONS:
Subject to ce~ain s~tuto~ exceptions, an action for money or damages may not be maintained against the
District unless wri~en claim has been timely presented to the District and rejected In whole or in pa~.
A claim shall be presented by the claimant or by a pemon acting on the claimant's behalf.
3.Answer all questions. Omitting information could make your claim legally insufficient.
4,Name and address of the person to whom you desire notices or communications to be sent regarding this claim.
5.This claim form must be signed on page 2 at bottom.
6. attach separate sheets, if necessa~, to give full details.
SIGN EACH SHEET
7 Claim must be filed with Board Secreta~., .....
TO:EAST VALLEY WATER DISTRICT
Name of Claimant CI~ DY S~ ~I~O
Home Address of Claimant Ci~ and State Hom'e Teleph'one Number
.None None None
Busf~ess Address of C~a~mant C~U ~nd State Bus~ess Te~eD~one Number
.300 North "D" Street ,, ~aR Be~ardlno. CA
~ve sd~ress to~hfch you desire not~ces or coTmu, cst 9ns to be sent regsrUi~g th s c~m:
~%~%~%%~, ~%xAttq~ev s Off,ce, 300 North "D" Street, 6th Floor
. i.~ .... fi2~' B ,
~[a~c~E a[[e~e~[7 c~pped ove~ a [~ me~e~ box. C~c~ seeks Z~de~[~caC:Lo~
~en did DAMAGE or iNJURY occur? Give full pa~iculars, date, time of day: ....
~ere 'did DAMAGE or iNJURY o~r? DesCribe fully, end locate on ~iagram on reverse side of this sheet, where
appropriate, give street names and address and measurements from landmarks:
2626 ~ae~ ~ac~c SO.eeC ~ ~o~ o~ ~a~e~
~at pa~icular AcT or OMISS~0N do you claim' ~used'the inju~ or damage? Give names of District employees '~ausing'the
inju~ or damage, ifknown: ~ ~mp[oTees. ~e~s ~sm~[ed s~e~a[k. [ea~
dangerous cond~o~, o~ had ec~a[/co~s~cC~ve ~o~ce oE ~be~ meCe~ box
What DAMAGE or tN JURIES do yo~ claim resulted? Give full e~en{~f injuries or damages ctatmed:
Plaintiff alleges injuries including bone fractures ~d other injuries,
emotional d~ages, this cla~ant is seeking inde~ity and contribution for
these clawed injuries.
What AMOUNT do you claim on ac~unt of each item of inju~ or damage as of date of presentatien of this claim, giving ~asis
of computation:
U~O~, ~la[~ti~ has E~le& ~ ~ted c~v~[ case, sad clawed
tAe7 a~e a~ove ~0;000
G~,e ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving I~asis
cf Insurance payments received, if any, and names of Insurance Company:
Unknown. Plaintiff has not given any information yet to answer this question.
SEE P~G~ 2 (OVER) '~IS CLAIM MUST BE SI~'NEO ON REVERSE SIDE
t~OV-05-OI I?:05 P.O2 R-351 Job-629
Ho~ 05 O1 O~:08p p.~
~ Expenditures made on account of accident er injury: (Date - Item) (Amount)
Plaintiff claims unspecified damages, claimant has unknowm damages at this
Name and Address of Witness, Ooci~ors and Hospltals:
See Plaintiff's ~laim and attached Complaint.
READ CAREFULLY
For all accidenf claims place en following diagram names o~' streets, inddding North, East, South, and West:
indicate place of accident by "X" and by showing house numbers of distance to street corners.
If DIstdct Vehicle wes involved, designate by letter · A ' location of District vehicle when'~/ou first saw it, and by ' B' location of
yourself cr your vehicte when you first saw District vehicle: location of District vehicle at time of accident by ' A-1" and location of
yourself or your vehicle at lhe time of the accident by "8-1 · and the point of impact by
NOTE: ffdlagrsms belo~v do not fit the situation, attach hereto a proper diagram signed by claimant.
.
Pacific
cuas--~ PACIFIC ~-- cu~s.
C~IMS MUST 8E F LED WITH BOARD SECRETARY, ' Claimant
~3/25/200i 00:45 1-90~., 4-5397 HUNAN RE~3LII~&~. P~ 82
CLAIM AGAINST THE CITY OF SAN BERNARDINO
~10 [~, U (For damages to pemona or per~nal pmpe~l ~C~) ~: ;~ ...... , --,
~ Y OD [ ~0~ {Complete Both Pages] :. . :' .
A dNm again~ the C~y of S~n ~ern~dine mu~ ba EI~ wilh the ClW C~erk wi~in S moths after the incident
agaln~ ~e C~ of San Bernerd;~o and n~ anther pu~io entiw. Completed ~alm, mu~ ~ ~a~ed ar d~d
' 3~ No~h D Strew, ~en ~ ~a~no. Cel~o~a g2418.'lf a~ona[ ;p~ i~ ne~ed t~ an~ one el the que~ns.
IPenal Code
RM-15
~3/'~6/2001 88:45 1-90~.- 4-5397 ~ RESOLIt~E~- - PA~ 83
·D,mages Claim~ ~ Less ~n $10,~0
To~l Co~ of Claim
Damage.~ Claimed ~ Mom Than $10,000
Claim InveS~ga~on
G;ve th e naman of any employs[;) who have ~en-;~olved.,
We~thtsi~identreportedtaalswenforca~enteg~ncy? Yes;-t No~"~lfyes, whicha§en~y?
~n e~es: - /'~' Hospitals or Da~r~
J Indicia add~ionai i~rm~ion which y~ believe migh~
{Paoel C~e
I have read the mar~u~ and ~ement~ made in the above ct~fm and I ~ow the ~e ~o be true of my own knowledge,
u~ u~n i~at~on or ~ief ar~ ~ to e~h ~e~ I ~11~ the same rd ~ true. I ~e~i~ und~ ~alty of ~u~ thee ~or~ng
.
by': WMM/PAW8 8189991183 10/25/(11 t0:58AM Job 853 P~ge 1/1
~ SUMMONS ~
(CITACION JUDICIAL) n ~ --
NO~[CETO DEFENDANT: {~viso a Acusado)
Ct ~ ~' OF ~[(SHLANL), EAST VAL1.EY' WATER DISTRICT,
(OUN'i Y OF S&~ B~,ENA~D~O, (I[ Y OF SAN BERNA~DINO,
BANN[.I~ ~:t.EME~ T~.Y SCHOOL, m~d m~d I)C l.S I through 1~3, ·
mc~usivv,
YOU ARE BEING SUED BY P~iNTIFF;
~A Uo. te ~t~ domandanOo) ~'
.~L~DFFH A~N PETROS{NO, ~ ~di~du~i.~;
It~t~ ~ur~on~me ~u may
~).
Su~rior Court oCCalifornia, Cam~y oFS~ B~ardino, Central
35 ) North Arrowhmafi
San B~n~'dlrm, CA ~416,0~40
WiIIi~ biit~l Marsoli~ ~ ~ 14~g)
Au~'at t.~tv Phone N° (B 8) 999-452:0
....................................
~. ~.-.~-~. · ...........
"~, '$ ":" .-L. /
/
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e ~ ................ " :~=~--~-:
WILLI~/4 MITCHELL MARGOLIN
9_ Attorney at Law State Bar No. 142648
16255 Ventura Boulevard, Suite 1008
3 Encino, California 91436
(818) 999-4529
4~ Attorney for Plaintiffs JUDITH ANN PETROSINO
6
SUPERIOR COURT OF THE STATE OF CALIFORNIA
7
8 FOR THE COUNTY OF SAN BERNARDINO-UNLIMITED
9
]0
~! JUDITH ANN PETROSINO, CASE NO.SCVSS 81330
an individual,
First Amended Complaint for
Personal Injuries
]3
, Unlin~ ted Jurisdiction
Plaintiffs,
VS.
]6
]7 CITY OF
EAST VALLEY WATER DISTRICT;
~8COUNTY OF SA/~ BEBblARDINO;
CITY OF SAN BEP~NI~RDINO;
19 BAi~NER ELEMENTARY SCHOOL;
~0 and DOES
1 through 100, inclusive~
Defendants.
22 FOR A FIRST CAUSE OF ACTION FOR NEGLIGENCE
~3
against the Defendants and each of them, Plaintiff, JUDITH AiTN
24
25 PETROSINO, alleges:
16
1. The true names or capacities, whether individual, corporate,
27
~ 28 associate or otherwise, of Defendants, Does 1 through 100,
First Amended Complaint for Personal Injuries
I Inclusive, are unknown to Plaintiffs who, therefore sues said
2 Defendants by such fictitious names. The full extent of the 'facts
linking such fictitiously designated Defendants with the cause of
4
action alleged herein are unknown to Plaintiffs. Plaintiff is
6 informed and believes, and therefore alleges that each of the
7 .Defendants designated herein as a Does were and are negligently
8 carelessly, recklessly, unskillfully, unlawfully, tortuously,
9
wantonly, wrongfully and legally responsible for the events and
l0
happenings hereinafter referred to, and thereby negligently,
]2 carelessly, recklessly, unskillfully, unlawfully, tortuously,
13 wantonly, wrongfully and legally proximately caused injury damage
14 to Plaintiff. Plaintiff will hereinafter seek leave of Court to
amend this complaint to show said Defendants' true names and
]6
capacities after the same have been ascertained.
]7
18 2. Plaintiff alle~es that, at all t~mes herein
19 mentioned, Defendants, and each of them, were acting on their own
20 behalf and as the agents, servants and employees of each of the
2]
remaining co-defendants, and were acting within the course and
scope of said agency and employment, and said acts were committed
with the consent of, and were ratified by each of, the remaining
24
25 co-defendants.
3. At all times herein relevant, BANNER ELEMEMTARY SCHOOL, a
27
28 business entity, form unknown, were involved in the events
2
First Amended Complaint for Personal Injuries
!
WATER DISTRICT, was a public and/or private entity, and was
involved in the events hereinafter mentioned, duly organized and
3
existing under and by virtue of the laws of the State of
4
California, with a principal place of business located in the
$
6 City of San Bernardino, County of San Bernardino, State of
7 California.
8 8. Plaintiff Judith Ann Petrosino was required to comply with claim
9 statutes due to the fact that many of the defendants were and are
]0 public entities. Plaintiff Judith Ann Petrosino and did comply with
l! timely claim filings and all required statutes.
12 9. At the time of the accident, the premises were in a dangerous
]3 condition, as defined by GoverD_ment Code sections 830 and 835 for
]4 the following reasons; kt all times relevant kereto, and at the
IS time and place of the events relevant hereto, Plaintiff, Judith Ann
]6 Petrosino, was injured and damaged on and due to the premises of
17 the defendants, and each of them, who ow~ed, operated or
!8' maintained, or worked on, or had a duty to warn or make safe the
!9! dangerous condition where plaintiff was in~ured. Defendants and
20 each of them had actual and constructive knowledge and notice of
2] the dangerous condition in a sufficient time prior to the accident
22 to have taken measures to correct the dangerous condition. Further
23 the defendants, and each of them, created a danqerous condition
24 that created a foreseeable risk of the kind of injury which was
25 incurred by the plaintiff. Further, the defandants and created the
26 dangerous condition in the City of Highland, County of San
27 Bernardino, State of California at the location of the MISSING
28
4
First i~zmmnded Complaint for Personal Injuries ,
SIDEWALK APdZA WHERE A WATER DEVICE WAS STICKING OUT.
10. At ali times relevant hereto, and at the time and place Of the
3
events relevant hereto, Plaintiffs Judith Ann Petrosino was a
4
resident of the City of San Bernardino, County of San Bernardino,
$
State of California.
6
11. At all times mentioned herein, Plaintiff Judith Ann Petrosino
7
was, on or about October 13, 2000 lawfully, legally, and as a
'permissive invitee on the subject missing sidewalk area which was,
9
owned, operated, leased, in possession of, and/or used by and
l0
controlled by or maintained by or controlled by the defendants, and
each of them. The Plaintiffs and the public were invited to these
premises at the time, place and the date of this incident in the
City of Highland, County of San Bernardino, State of California.
14
12. On or about October 13, 2000 Defendants, and each of them and
Does 1-100, caused Plaintiff Judith Ann Petrosino to trip and fall.
16
This said fall was due to a dangerous condition set in place by the
defendants, and or allowed there premises to remain in said
dangerous condition, and each of them by their acts and /or their
19
failure to act to caused the serious injuries and damages to the
Plaintiff Judith ~Lnn Petrosino.
13. Defendants, and each of them, knew or should have known of the
:dangerous condition. Defendants, and each of them had actual and
constructive notice of the dangerous conditions which their failure
to correct or make safe was both the actual and proximate cause of
the injuries and damages to the plaintiff, Judith /Lnn Petrosino.
Defendants themselves had notice of the condition in that they
27
created the dangerous condition.
First A~nended Complaint for Personal Injuries
!
14. At said time and place, Defendants, and each of them and Does
2
1-100, so negligently, carelessly, recklessly, unskillfully,
3
tortuously, wantonly, and wrongfully, owned, entrusted, permitted,
4
used, managed, serviced, cleaned, inspected, maintained, operated,
5
constructed, and controlled said premises, or had the duty to
6
correct said condition or make safe, and allowed the dangerous
7
condition to remain in a manner so as to proximately and legally
8
cause the plaintiff Judith Ann Petrosino to trip and fall due to
9
the dangerous condition created by the defendants and each of them
and thereby proximately and legally causing the injuries and
damages hereinafter mentioned.
15. AS a proximate result of each and all of the aforesaid acts
and omissions of the Defendants, and each of them, Plaintiff Judith
]4
Petrosino was injured about the body and its members and was
rendered sick, sore, lame and disabled, and was injured in health,
]6
strength and activity, a portion of said injuries being permanent,
including a fractured bone. As a result of said injuries,
Plaintiff, Judith Ann Petrosino has had, and in the future will
have, physical, mental and emotional pain, suffering, worry and
anxiety. By reason of said injuries and consequences, Plaintiff,
2]
Judith Ann Petrosino has sustained general non-economic damages in
22
an amount which is within the jurisdiction of the SuDerior Court
and which amount is unknown to Plaintiff. Plaintiff will seek
leave of Court to amend this complaint when the exact amount of
said damages is known according to proof at trial.
16. By reason of said injuries, Plaintiff, Judith Ann Petrosino
27
has incurred, and Drobably will incur in the future, ambulance,
28
6
First Amended Complaint for Personal Injuries
!
hospital, surgical, medical, and nursing and household expenses,
2
all to Plaintiff's further economic damages according to proof~
which are unknown at this time. Plaintiff will seek leave of'Court
to amend this complaint when said d~mages have been ascertained
accorolng To proo~ aT Erla±.
6
17. ~ a further direct and proximate result of the negligence and
7
carelessness of the Defendants, and each of them, as aforesaid,
Plaintiff, Judith i~nn Petrosino suffered and will in the future
9
suffer a loss of earnings and earning capacity, the exact amount of
]0
which is unknown to her at this time. Plaintiff will seek leave of
ascertained at trial according to proof.
WHEREFORE Plaintiffs prays for judgment against Defendants and
]4
]5~ each of them in this court of unlimited jurisdiction as follows:
1. For general and non economic damages according to
proof;
2. For medical, economic and incidental expenses
191 according to proof;
20I~ 3. For loss of earnings and earning capacity according
to proof;
2!
4. For costs of suit incurred herein; and
22
5. For such other and further relief as this Court deems
just and /1 i~am/MaWr ~o~~
proper.
24
25 ~August 30, 2001 /
26 Dated:
Wi ' ' orney for
27 Plaintiffs Judith Ann Petrosino
28
7
First ~nended Complaint for Personal Injuries
East Va']°~ey Water District
MEMORANDUM
To: Board of Directors
From: Robert E. Martin ~
Date: November 27, 2001
Subject: Vacation Buy Back
In accordance with my employment agreement with the Board, I mu requesting the buy
back of up to fifty (50) hours of vacation time to be paid as part of the next scheduled
payroll. Your consideration of this request is appreciated.
ACWA MEMBER SURVEY
TO: ACWA MEMBERS
FROM: WHITNIE HENDERSON, LI=GISLATIVI= ADVOCATI=
An issue has been presented to ACWA's State Legislative Committee regarding
concerns expressed by some Beards of Direotors about working more than the
maximum 10 days per month without commensurate compensation.
Therefore, it has been proposed that the ~,ssociation pursue legislation that
would extend the number of working days for which a board member could be
compensated, Prior to introducing such legislation, the ACWA legislative
committee has requested that the full ACWA membership be polled as to its
interest in carrying such a bill in the 2002 legislative session,
~c~,~,,.,~,, ~ Please answer the following questions and fax or e-mail your response to
~"'"'~'"~'~'~"' Whitnie Henderson at 916-325-2306 or whitnieh@acwanet.com by Friday,
~.v,.l~r~,~..~, November 30, 2001,
,,,~..~'~,~t~.~ 1) Would your board members support an increase in the maximum number
.~..,~,., .~ .,~. ~.,~, of service days for which they would be ehg~ble for compensabon.
t,,~t..,,..,.~,,,~,,.,.~, o Yes ' o
2) if you answered No to question 1: please go to question 4,
If you answered Yes to question 'h
How many service days per month would your board members
recommend for the new maximum? (Currently the maximum number
service days for which compensation may be made In one month Is 10,)
Water CorSe §20202.
Please choose one:
m 15 m 20 [] 25 [] Other
3) On a scale of 1-10, with 1 being highest priority and 10 being lowest
priority, how would you rank this Issue in terms of importance for ACWA's
A~,c~alioa of C~lJfornia 2002 legislative program?
s~c~,~.~o, cal~.;a 4) Who completed this survey?
95814-3514
916/441-4545 Please choose one;
~ Individual board member(s)
Hall o¢ the ~ate~ ~ Clerk of the board
Suit~400 N,3~iTCapltOIsouthSt,, N,W. ~ CEO or General Mana~eh ~
Memorandum
To: Robert Martin
General Manager
cc: Read File
From: AIbertaM. Hess (.~ '
Chief Financial Officer
~)ate:November 16, 2001
Ro: 2002 Automobile Mileage Rate
The Automobile Standard Mileage Rate will increase from 34 1/2 cents per
mile to 36 1/2 cents per mile. The effective date is January 1,2002.
It is my recommendation that the Board adopt the new rate.
1
RESOLUTION 2001.30
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER
DISTRICT AUTHORIZING EXECUTION OF A QUITCLAIM DEED TO S-P EAST
HIGHLAND, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
BE IT HEREBY RESOLVED AND ORDERED that the East Valley Water District does
hereby grant, convey, sell, assign and transfer to S-P East Highland, LLC, a California
Limited Liability Company an easement more particularly described in the Quitclaim
Deed, and,
BE IF FUTHER RESOLVED that a copy of this resolution be attached to said
Quitclaim Deed, and that the same be recorded in the Office of the County Recorder,
County of San Bernardino, State of California and filed in the records of said Board.
The foregoing resolution was duly adopted at a meeting of the Board of Directors
of the East Valley Water District, by motion made, duly seconded and carried
unanimously on November 27, 2001.
AYES: DIRECTORS:
NOES:
ABSENT:
EAST VALLEY WATER DISTRICT
Glenn R. Lightfoot, President
ATTEST:
Robert E. Martin, Board Secretary
W2156
11/20/01 jw
, RECORDING REQUESTED BY ) ]
SHOWN BELOW, MAIL. TAX STATEMENT TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX IS $ None
[-I , , unincorporated area {~] City of Highland
ParcolNo. 288-2~,1-05t 06 and 4l
[] computed on full value of propeW/conveyed, or
[] computed on full value le~$ value of liens or encumbrances remaining at time of sale, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
East Valley Hater D/strict, a County water district, Successor-in-interest to
East San Bernardino County Hater District
hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
S-P East Highland, LLC, a California limited ltaSiltt¥ company
the follow/ng d~scfibed real property in thc City of Highland
county of San Bernardino , sram of California:
See Exhibit 'A" attached hereto and made a part hereof.
Note: This conveyance is to relinquish all right, title and interest the
Grantor acquired under those certain easements recorded September
15, 1971, in Book ??$3 pages 497 and 501 of Official Records of
said County.
Dated
STATE OF CALIFORNIA
COUNTY OF
On, before me.
a Notary Public in and for said County and State, personaJly appeared
I~orsonally known to me (or proved to me on the basis of satisfactory
evidence} to be the person(s} whose name(s} is/are subscribed to the
within instrument and acknowledged Io me that he/she/they executed
the Same in his/her/their authorized capecity(ies}, and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behal[
of which the person(s) acted, executed the instrument.
.sWITNESS my hand and official seal
ignature {This area for official notarial seal)
MAIL TAX STA~ TO PA.RTY SHOWN ON FOLLOWING LINE; ~F NO pA
Exhibit "A"
Parcel 1:
An easement 20.00 feet wide over, under and across a portion of Section 35, Township 1 North,
Range 3 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California,
according to Government Survey, the centerline of said easement being described as follows:
COMMENCING at an iron pipe shown at the Southwest comer of the Southeast one-quarter of
the Southeast one-quarter of said Section 35, as shown on the map for the proposed right of way of Base
Line, from Church Street East, filed in the Office of the County Surveyor of said County as C.S.
No. 2646 and also as shown in San Bernardino County Surveyor's Field Book No. 169. page 29, said iron
pipe hearing South 89 ° 59' 20" West 1321.30 feet from the Southeast corner of said Section 35 as shown
in San Bemardino County Surveyor's Field Book No. 200, pages 7 and 16;
Thence West along the ccnterline of said Base Line 29.41 feet to the TRUE POINT OF
BEGINNING;
Thence leaving the centerline of said Base Line North 20° 49' 34" East 460.99 feet;
Thence North 31 ° 39' 50" East 172.01 feet to Point "A" of this description;
Thence North 54° 20' 10" East 86.09 feet;
Thence South 82° 40' 04" East 52.50 feet;
Thence South 28° 03' 45" East 90.07 feet;
Thence South 36° 18' 00" East 63.20 feet;
Thence South 08° 07' 24" East 75.67 feet;
Thence South 19 ° 57' 56" East 76.72 feet to a point of terminus in the bottom of an existing
rubble masonry flume. The sidelines of said easement being prolonged or shortened as to end in the
bottom of the existing flume at th~ terminus of said easement and to end in the centerline of Base Line at
the beginning ofsa~d easement.
EXCEPTING THEREFROM any portion lying within Base Line, that certain County road established by
order of the Board of Supervisors of said County on July 7, 1885.
Parcel 2:
An easement 20.00 feet wide over, under and across a portion of Section 35, Township I North,
Range 3 West, San Bernardino Base and Meridian, in the County of San Bernard'.no, State of California,
according to Government Survey, the centerline of said easement being described as follows:
BEGINNING at Point "A" as described in Parcel 1; thence North 24° 26' 56" East 66.85 feet;
Thence North 32° 41' 56" East 305.66 feet;
Page I or 3
Thence South 70° 40' 08" East 197.05 feet to Point "B" of this description;
Thence South 80° 14' 12" East 133.99 feet;
Thence South 75° 08' 01" East 127.99 feet;
Thence South 69° 04' 05" East 194.93 feet;
Thence North 60° 05' 02" East 61.93 feet;
Thence North 18° 48' 42" East 63.76 feet;
Thence North 00° 54' 35" West 75.77 feet;
Thence North 41° 27' 05" East 51.27 feet;
Thence South 16° 27' 45" East 67.44 feet;
Thence North 88° 03' 27" East 47.43 feet to Point "C" of this description;
Thence continuing North 88° 03' 27" East 12.67 feet to the Point of Terminus. The sidelines of
said easement being prolonged or shortened as to end in a line which bears North 01 ° 56' 3Y' West
through the Point of Terminus and as to end in the Northwesterly line of Parcel 1 at the POINT OF
BEGINNING.
Parcel 3:
An easement 20.00 feet wide over, under and across a portion of Section 35, Township 1 North,
Range 3 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California,
according to Government Survey, the Easterly line of said easement being described as follows:
BEGINNING at Point "B" as described in Parcel 2; thence South 26° 57' 43" West 22.89 feet to
a Point of Terminus in the North line of the Reservoir Site as described in the deed to East San
Bernardino County Water District recorded September 15, 1971 in Book 7753, page 494, official records
of said County. The sidelines of said easement being prolonged or shortened as to end in the
Northeasterly line of said Reservoir Site and the Southwesterly line of said Parcel 2.
Parcel 4:
That portion of Section 35, Township 1 North, Range 3 West, San Bemardino Base and Meridian
in the County of San Bernardino, State of California, according to Government Survey described as
follows:
BEGINNING at Point "C" as described in Parcel 2; thence South 51 ° 48' 24" East 46.59 feet;
Thence North 38° 11' 36" East 94.24 feet;
Thence North 51 ° 48' 24" West 54.59 feet;
Thence South 38 ° 11' 36" West 94.24 feet to a point which bears North 51 ° 48' 24" West from
the POINT OF BEGINNING;
Thence South 51 ° 48' 24" East 8.00 feet to the POINT OF BEGINNING.
P~e2of3
Parcels I, 2 and 3 were conveyed to East San Bernardino County Water District by document recorded
September 15, 1971 in Book 7753, page 501, official records of San Bemardino County.
Parcel 4 was conveyed to East San Bernardlno County Water District by document recorded September
15, 1971 in Book 7753, page 497, official records of San Bernardino County.
2~D:XlVlyFiles~Legals\Spring Pacific QC.jjd Page 3 of 3
EXHIBIT "B"
EASEMENTS TN SOUTHEAST ONE-QUAFITEFI
OF SECTION 3.5, T i NFI cB W.
-~4~e~L x, .No. ~. ~oe,~_/.,~ ~
4I°~ '0~',~
N 00~ ,
BASE LINE
S 89°59'~0" W ~32~.30'
%---~W CORNER OF SE i/4 OF THE SE ~/~ OF SEC.
COMMENCING POINT
V ~' x SOUTHEAST CORNER SECTION 35--
*P* EASEMENTS TO BE OUIT' CLAIMED EVWD - 7[0,7]PF: SP795S 7005 31-Oct-O! ~1:42 AM / SPO815-1
,.,SECTION S5. T ~ N.,
DETAIL FOR EXHIBIT
RESOLUTION 2001.31
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER
DISTRICT ACCEPTING GRANT DEED EASEMENT FROM S-P EAST HIGHLANDS,
LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
BE IT HEREBY RESOLVED AND ORDERED that the Conveyance of Non-
Exclusive Easement dated and signed by
, as Grantors, grants to the East Valley Water
District, its successors and assigns, as Grantee, a non-excluisve easement located in
the County of San Bernardino, State of California, more particularly described in Exhibit
"A" and Exhibit "B" and the same is hereby accepted for and on behalf of the said Water
District.
NOW, THEREFORE, BE IT RESOLVED that the attached Conveyance of Non-
Exclusive Easement be accepted and all rights, and interest in and to said easement be
vested in the East Valtey Water District, and that the Secretary of said District be and is
hereby authorized and directed to record this Resolution with the said Conveyance of
Non-Exclusive Easement attached hereto, in the office of the County Recorder of the
County of San Bernardino, State of California.
The foregoing resolution was duly adopted at a meeting of the Board of Directors
V of the East Valley Water District, by motion made, duly seconded and carried
unanimously on November 27, 2001.
AYES: DIRECTORS:
NOES:
ABSENT:
EAST VALLEY WATER DISTRICT
Glenn R. Lightfoot, President
ATTEST:
Robert E. Martin, Board Secretary
W2156
11/20/01 jw
n~ord Request of Mail to:
and
East Valley Water District
P.. Box 3427
San Bemardino, CA 92413
CONVEYANCE OF NON-EXCLUSIVE EASEMENT
S-P East Highlands, LLC, as Grantor(s), for valuable consideration, receipt of which is hereby acknowledged, does hereby
grant, bargain, sell and convey to the EAST VALLEY WATER DISTRICT, a County Water District, its successors and assigns, as Grantee,
a non-exclusive easement for the right to construct, use, maintain, alter, add to, repair, replace and/or remove pipelines, roads, water
reservoirs and telemetry systems together with all necessary appurtenances over, under, through and across the real property located
in the County of San Bemardino, State of California, described as follows:
See Exhibit "A" attached hereto and made a part hereof
Grantor(s) further agrees to notify EAST VALLEY WATER DISTRICT of any future use across said easement and to coordinate
with EAST VALLEY WATER DISTRICT the installation of any future facilities within said easement.
IN W1TNESS WHEREOF, the Grantor(s) has executed this instrument this day of
Dated S-P EAST HIGHLANDS, LLC, A California Limited
Liability Company
by: Underhill Properties, LLC, A California Limited
Liability Company, Its Member
Rivendell Land Company, Inc., A California
Corporation, Its Member
STATE OF CALIFORNIA )
)
covia3' o~ s~,N ~mo )
William $. Griffith, President
On
l~rsonally apl~ar~ U.S. BANK NATIONAL ASSOCIATION (A National
Banking Assoc.)
p~rsonally known to me (or pwved to me on the baals of
~atisfac~o~/evident) to be th~ pe~on(s) who name(s)
idar~ subscfibexi to the within instalment and acknowledged . . ,
to ms that hc/she4~hcy cx~ute, d th~ same/n his/her/their LaIl~ Johnson, Vice President
authorized capacity(its), and that by hls/her/thalr signature(s)
on the immuaent thc person(s), or thc entity upon b~half of
which thc per, on(s) acted, executed thc instrument.
WITNESS my hand and official seal
EXHIBIT "A"
All that portion of the Southeast quarter of Section 35, Township 1 North, Range 3 West, S.B.M. in the City of
Highland, County of San Bernardino, State of California, lying Northerly and Easterly of Tract 13469 as per plat
recorded in Book 205 of Maps, Pages 78 to 83, inclusive, Records of San Bemardino County and Tract 12306 as per plat
recorded in Book 179 of Maps, Page 78 to 80, inclusive, Records of San Bernardino County;
Excepting therefrom that parcel of land described in the deed to San Bernardino County Flood Control District
recorded April 12, 1991 as Instrument No. 91-122858, Records of San Bernardino County;
Also excepting therefrom that portion of land described in the deed to East San Bemardino County Water
District recorded September 15, 1971 in Book 7753, Page 494, Official Records of San Beruardino County;
Also excepting therefrom that parcel of land described in the deed to East Valley Water District recorded
December 31, 1992 as Instrument No. 92-543649;
The above described easements shall terminate upon the recordation of Tract Maps, and other permanent
easement documents, which will provide access to the existing reservoir sites, waterlines and appurtenances located in
said Southeast quarter that are integral to the East Valley Water District water system.
RELEASE OF LIENS
OCTOBER 31, 2001 - NOVEMBER 13, 2001
ACCOUNT RELEASE OWNERS PROPERTY AMOUNT
NUMBER DATE NAME ADDRESS OWED
1. 004-0022-2 11113101 7634 LANKERSHIM AVE 67.98
2. 007-0122-0 11113/01 5372 NEWBURY AVE 52.36
3. 008-2714-2 11/13/01 353'1 STRATFORD AVE 26.82
4. 044-0243-4 11/13101 25451 26TH ST 71.96
5. 064-0080-0 11/13101 7319 PLUTO CT 81.09
6. 084-1580-5 11/'13/01 7169 ALICE ST 38.32
7. `103-0043-2 `11/13101 7779 STERLING AVE 54.43
8. `105-0030-9 1`1/'13/01 27427 HARLAN LN 16.84
9. 114-0093-2 '11/13/01 1682 3RD ST 35.4~
TOTAL ~ $ 445.29
+PAID THROUGH TAX ROLLS
Page 1 of 1
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