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Home My WebLink AboutAgenda Packet - EVWD Board of Directors - 07/24/2003East V' 'l ey Water District 1155 DEL ROSA AVENUE, SAN BERNARDINO, CA. SPECIAL BOARD MEETING July 24, 2003 10:00 A.M. AGENDA CALL TO ORDER PLEr)GE OF ALLEGIANCE 1. Public Comments OLD BUSINESS 2. 'Adoption of Notice of Exemption for Amendment to Development Agreement and Pipeline License Agreement. 3. Amendment to Development Agreement between East Valley Water District and San Manuel Band of Serrano Mission Indians to relocate and enlarge a certain 12" Water Transmission Main within the Boundaries of the District. 4. Amendment to Pipeline License Agreement between the San Manuel Band of Serrano Mission Indians and East Valley Water District. ADJOURN Post:07/23/03 San Manuel Band of Mission Indians July 22, 2003 Em~ co~m.mm C, eneral Counsel (909) 864-8933 Internet Address: ecop eland~saumanu el- nsn.gov FIA MESSENGER Steven M. Kennedy, Esq. Brunick, Battersby, McElhaney & Beckett 1839 Commercenter West San Bernardino, CA 92408 Robert E. Martin, General Manager East Valley Water District 1155 Del Rosa Avenue P.O. Box 3427 San Bernardino, California 92413 Re: East Valley Water District Amendments to Pipeline License Agreement and Development Agreement Dear Mr. Kennedy and Mr. Martin: Out-of an abundance of caution, we are hereby delivering to you by messenger today duplicate originals of the Amendment to Pipehne License Agreement with exhibits and the Amendment to Development Agreement with exhibits. If you require anything further from us to conclude this matter, please contact me tomorrow to so advise. Thank you. EC / sf Enclosures cc: San Manuel Business Committee ~ ' ' H~hland, CA 92346 · Offio;: (909)864-8933 · FAA' (909)864-3370 2656c_ (.ommumty CenterDr. · P.O. Box266 · Patton, CA 92369 NOTICE OF EXEMPTION TO: [ ] Office of plsnnl.~ and Research FROM; East Valley Water District 1400 Tenth Street, Room 121 Sacramento, CA 95814 1155 Del Rosa Avenue, P.O. Box 3427 [x] County Clerk San Bornardino, CA 92413 County of San Bornardino 385 N. Arrowhead Aveaue~ 2nd l~loor San Bernardino~ CA 924150130 Project Title: Amendment to Development A~reement end Pipeline Liceuse A~reement Project Location - Specific: See Attachments Project Location - City: San Bemerdino Project Location - County:. San Benmrdino Description of Project: Amendment to Develolm~eut Aw~ement and Piff/ine License A~rcement entered into with the San Manuel. Band of Serrano Mission Indians on May 21,2002, to allow the Di.~/crict access to ceftin property to install, mai~tsi~, repair, ~:eplace relocate, and service the pipelines connected to the District's water supply and sewer system. Name of Public Agency Approving Project: East Valley Water District Name of Person or Agency Carrying Out Project: Rol:~t E. Marti~ General Mena~er Exempt Status: [X ] Ministerial [CEQA Sec. 21080CoXI); Guidelines Sec. 15268] [ ] Declared F~_e~ency [CEQA Sec. 21080COX3); Guidelines Sec. 15269(a)] [ ] F~erSency Project [CEQ^ Sec. 21080COX4); c~idem~ s~. 15269Co×c)] [Icj c~te§orical Exem 'ons State tlTe and section nuraber' Guidelines Sec 15301-15305, 15311, 15317, 15325, 15332 IX] StatutoryExempt~ons. Cedenumbe~. Public Resources Code Sectians 21080{b){9}~ 21080.21, 2101~0.23 Reasons why project is exempt: This Woiect simply amends an existi~ al~reement to reflect certain ctumges in the location of various pipeline licenses and water and sewer facilities located on non-Diatrict-owned lauds. These modifications will result i~ no change in the purpose of the previously-approved proiect and negligible (if any) expansion of txeviousl¥-conteml~lated uses thereen. Further, theproiectdoesnotinvolvethecenstroctionofal~ipelinel.~ater than ane mile in len~th. Consequenfl¥~ appreval of the l~roiect will not result in any si~iflcant adverse impact an the environment Lead Agency Contuct Person: RobertE. Martin AreaCode/relephone/Extensinn: (909)889-9501 Sigusmre: Date: Jui¥ 22~ 2003 Title: General Manager / Secreiary [[~']sSigned by Lead Agency Date received for filing at OPR: igned by Applicant Attachments Exl~ibtt B-1 Water Improvement plsn Phase 1 Exhibit B-2 Water Improvement Plan Phase 2 Exhibit C-1 Legal Description and Map Exhibit C-2 Legal Description and Map Exhibit C-3 Legal Description and Map Exhibit C-4 Legal Description and Map Exhibit D List of Improvements 2 .... VALARIA DRIVE: ~*'~ I I I I I I I ! I I I 1 ROCKFORD A'VE, I ABANDON 570 LF PROPO$[D 16" WATERLINE EXHIBIT B-1 ~/-"-""~'"/'~' ~ TO BE ABANDONED WATER IMPROVEMENT PLA PROPOSED WATERLINE PHASE 1 PHASE 'i I I I ROCKFORD A~. ........ "'"- =.L": .... "" ........... % ..: ............. ",,~/I C TOR iA. ?.'.~.._'.~... WATER LIN ,--.¢ ~-,,--/,~/-/--.,' ,'-,- TO BE ABANDONED EXHIBIT B-2 ....... WATE~u~E WATER IMPROVEMENT PLAI PHASE 1 PHASE 2 ,, PROPOSED WATERLINE PHASE 2 'EXHIBIT "C-I" LEGAL DESCRIPTION A STPdP OF LAND 30.00 FEET WIDE FOR WATER AND SEWER PURPOSES OVER A PORTK)N OF THE EAST ONE-HALF OF LOT 6, BLOCK 16 OF THE MAP .OF WEST HIGHLANDS, IN TI~ CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIPORNIA, AS PER PLAT FILED IN BOOK 5, PAGE 77 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE NORTHEASTERLY LINE OF SAII) STRIP OF LAND BEING PARALLEL WITH AND DISTANT 55.00 FEET NORTE2EASTERLY FROM TIlE CENTERLINE OF THAT CERTAIN 50.00 FOOT WIDE WATFJ',LINE EASEMENT GRANTED TO SAN BERNARDINO VALLEY MUNICIPAL WATF~', DISTRICT IN BOOK 8265, PAGE 120 OF OFFICIAL RECORDS OF SAID COUNTY. THE NORTHEASTERLY SIDELINE OF SAID STRIP OP LAND IS TO BE SHORTENED OR LENGTHENED TO TERMINATE NORTHWESTERLY AT THE WESTERLY LINE OF TIlE EAST ONE~HALF OF SAID LOT 6 AND SOUTH]EASTERLY AT THE WESTERLY PROLONGATION OF THE NORTH LINE OF LOT 1 OF 'TRACT NO. 10500, F17 .I~D IN BOOK 155, PAGES 8 THROUGH 10, INCLUSIVE OF MAPS, RECORDS OF SAID RIVERSIDE COUNTY. THE SOUTHWESTERLY SIDELINE OF SAID STRIP OF LAND IS TO BE SHORTENED OR LENGTHENED TO TERMINATE NORTHWESTERLY AT THE WESTERLY LINE OF TIlE EAST ONE-HALF OF SAID LOT 6 AND SOUTHEASTERLY AT THE EASTERLY LINE OF SAID LOT 6. EXCEtri'ING THEREFROM THAT PORTION OF VICTORIA AVENUE LYING SOUTHERLY OF THE WESTERLY PROLONGATION OF THE NORTH LINE OF LOT 1 OF SAID TRACT NO. 10500. CONTAINING: 11,563 SQUARE FEET MORE OR LESS PREPARED BY IV[E OR UNDER MY SUPERVISION: ANNA M. BEAL, P.L.S. 4955 DATE EXPIRES 12/31/05 Page 1 of 2 REVISED 7/11/O3 P:SURVE¥~,NNA\HIGHLAN D\ENCU M BRANCE S\DWG\E_WATEMST.DOC ~ m_~s~ A,~ BOm.~.V~D (fORMERLY ~0, *mE~>-~ EXHIBIT "C- 1" / /_ NS~ ~ ['' ~ 436.00' --~- ,~r [~ -- m57, ~ m ~ S~l'=lO0 ~ ~LY PR~ON~ON x N'LY UNE EOT 1 mh~ m ~ NO. ~05~ ~ U.B. 1~/8-10. I 2 / ~ B~ING ~D DI~C~ SHO~ ~ H~EOfl ~E ~ U~ ~ ~ ~OORD DATA P~ R.S. 76/32. Ns~s4'5ffw ~ ~ . s72.)4' ~ 'mJ ~ ~/ (mR~t~ om mm SAN MANUEL INDIAN RESERVATION ~O ~CENSE FOR WATER & SE~R PURPOSES ~ D~0~TOBE¢~ E 1/2 LOT 6, BLOCK 16 ~ ~ .~sr s~ FOR WA~ & S~ PURPOSES. ~ OF ~ST HIG~.~DS (~4) ~s-~ ~ 11,616 SQ. ~, ~ A.P.N. 285-15~-16 'EXlq]BIT "C-2" LEGAL DESCRItrrION A STRIP OF LAND 30.00 FEET WIDE FOR WATER AND SEWER PURPOSES OVER A PORTION OF LOT 6 AND MARSHALL AVENUE, VACATED ('FORMERLY LEMON STREET, 41.25 FOOT HALF-WIDTH), IN BLOCK 16 OF THE MAP OF WEST I-~GHLANDS, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PEK PLAT F[I,F,D IN BOOK 5, PAGE 77 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE NORTE~ASTERLY LINE OF SAID STRIP OF LAND BEING PARAI.T.RL WITH AND DISTANT 55.00 FEET NOKTI-IEASTERLY FROM THE CENTERtJNE OF THAT CEKTAIN 50.00 FOOT WIDE WATERLINE EASEMENT GRANTED TO SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT IN BOOK 8265, PAGE 120 OF OFFICIAL RECORDS OF SA~D COUNTY. EXCEPTING THEREFROM THE EAST ONE-HALF OtI SAID LOT 6. THE SIDELINES OF SAID STRIP OF LAND ARE; TO BE SHORTENED OR LENGTHENED TO TERIVffNATE NORTHWESTERLY AT THE CENTERLINE OF SAID MARSHALL AVENUE, AND SOUTHEASTERLY AT THE WESTERLY LINE OF THE EAST ONE-HALF OF SAID LOT 6. CONTAINING: 3,520 SQUARE FEET MORE OR LESS PREPARED BY ME OR UNDER MY SUPERVISION: ANNA ~L, P.L.S. 4955 DATE EXPi[RES 12/31/05 Page I of 2 REVISED 2/24/03 P:SU FIV EY~ANNA\HIG HLAN D\ENCU MBRANCES~OWG\W_WATEMST.DOC ~ },(LA_RSI-I_AT,T,BOULEVARD (FOR~aL¥ LE~O~ rosa) ~37,57' L=87.1S' o [ [ NO~ ~ z B~N~ 339.17' H~EON ~[ ~ U~N NS~54'~W ~ ~ 572.~' ~ I RECORD ~TA P~R R.S. 76/3Z NS~'5~W / 619.82' SH~ 2 0F 2SHE~ (FO~aLYO~a~ SAN MANUEL INDIAN RESERVATI0~ ~ O~O~S ~ TO BE ~ ~T nm~ s~ FOR WA~ ~ S~ER ~RPOSES. 'EXI~RIT "C-3" LEGAL DESCRIPTION A STRIP OF LAND 30.00 FEET WIDE FOR WATER AND SEWER PURPOSES OVER THE NORTH ONE-HALF OF MARSHALL AVENUE, VACATED (FORIViBRLY LEMON STRF. I~.T, 41.25 FOOT I-LAI~-WIDTI-I), AS SHOWN ON PARCEL M_AP NO. 10305, IN TI-IB CITY OF SAN' BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT FILED IN BOOK 133, PAGES 34 AND 35 OF MAPS, IN TI-IE OFFICE OF TIlE COUNTY RECORDER OF SAID COUNTY, TI-lB NORTH]~ASTERLY LINE OF SAID STRII° OF LAND BEING PARALLEL WITH AND DISTANT 55.00 FEET NORTI-TF~ASTERLY FROM TILE; CENTERI.TNE OF THAT CERTAIN 50.00 FOOT WIDE WATERLINE EASEMENT GRANTED TO SAN BERNARDINO VALLEY MIINICIPAL WATER DISTRICT IN BOOK 8265, PAGE 120 OF OFFICIAL RECORDS OF SAID COUNTY. EXC'EPTING THEREFROM THE NORTH 6.25 FEET OF SAID MARSHALL STREET THti SIDELINES OF SAID STRIP oF LAND ARE TO BE SHORTENED OR LENGTtlBNED TO TERMINATE SOUTHEASTERLY AT TIq]E CENTERLINE OF SAID MARSHALL ST1R.EET. CONTAINING: 1,327 SQUARE FEET MORE OR LESS PtLEPARED BY ME OR UNDER MY SUPERVISION: .S. 4955 DATE EXPIRES 12/31/05 Page 1 of 2 REVISED 2_./24/03 P:SURVE¥~AN NA\HIG HLAND\ENCU M@RANCES\DWG\C3_WATEMST.DOC 'EXHIBIT "C-4' LEGAL DESCRIPTION THE NORTHERLY 20.00 FEET OF THE SOUTHERLY 35.00 FEET OF TIlE NORTH ONE- HALF OF MARSHALL AVENUE, VACATED (FORMERLY LEMON STREET, 44.00 FOOT HALF-WIDTH), AS SHOWN ON PARCEL MAP NO. 4879, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT FILEr) liN' BOOK 53, PAGES 69 AND 70 OF MAPS, IN THE OFFICE OF ~ COUNTY · RECORDER OF SAID COUNTY. THE, SIDELINES OF SAID STRlt' OF LAND ARE TO BE SHORTENED OR LENGTHENED TO TERMINATE EASTERLY AT THE NORTHEASTERLY LINE OF THAT CERTAIN 50.00 FOOT WIDE WATERLINE EASEIVl]ENT GRANTED TO SAN BERNARDINO VALLEY MUNICEPAL WATER DISTRICT IN BOOK 8265, PAGE 120 OF OFFICIAL RECORDS OF SAID COUNTY, AND WESTERLY AT THAT CERTAIN COURSE ON THE SOIfI~HWESTERLY LINE OF THE VACATION OF MARSHALL BOULEVARD AS DESC. RIBED IN A DOCUlV~NT RECORDED MARCH 19, 2003 AS INSTRUM]ENT NO. 2003- 0181847, OFFICIAL RECORDS OF SAID COUNTY. SAID COURSE DESCRIBED AS BEING A CE~RVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 46.50 FEET, A CENTRAL ANGLE OF 164°27'26TM AND A LENGTH OF 133.47 FEET. CONTAINING: 9,863 SQUARE FEET MORE OR LESS PREPARED BY ME OR UNDER MY SUPERVISION: AN~Ak/~.VBI2AL, P.L.S. 4955 DATE EXPIRES 12/-3.1/05- · Page 1 of 2 REVISED 7/7/03 P:S U RV E¥~AN NA\HIG HLAN D\ENCUMBRANCES\DWG\C4_WATE MSTDOC EXI-IIBIT "D' LIST OF IMPROVEMENTS PROJECT DESCRIPTION The proposed project will comprise of two phases of construction, as follows: Phase 1: Construction of approximately 610 linear feet of 16-inch diameter ductile iron pipe (DIP) waterline and appurtenances, in Marshall Boulevard. Starting at the existing 12-inch diameter waterline in Marshall Boulevard at Rockford Avenue intersection, the proposed 16-inch DIP will extend east in Marshall Avenue in a 20- foot wide easement, approx/mately 25 feet to the north of the street centerline; thence, join the existing 12-inch diameter waterline east of San Bernard/no Valley Mnnicipal Water District's 78-inch diameter water transmission pipeline (78-inch Pipeline). After completion and acceptance of the 16-inch DIP, approximately 570 linear feet of the existing 12-inctt waterline in Marshall Boulevard, fi:om Rock.ford Avenue to east of the 78-inch Pipeline, will be abandoned. Phase 2: Construction of approximately 530 linear feet of 16-inch DI~ waterline and appurtenances, connecting the 16-inch DIP constructed in Phase 1 to the existing 12-inch diameter waterline in Victoria Avenue. Starting at the easterly terminus of the Phase 1 pipeline, the proposed 16-inch DIP will extend in a southeast direction in a 30-foot wide easement adjacent to the 78-inch Pipeline easement, to join'the 12-inch waterline in Victoria Avenue, north Piedmont Avenue. After completion and acceptance of the t6-inch DIP, approximately 330 linear feet of the existing 12-inch waterline in the Marshall Boulevard easement, from east of the 78-inch Pipeline to Victoria Avenue, will be abandoned. AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development A~reement (the "Amendment"} is entered into as of the __ day of July, 2003 between the San Manuel Band of Serrano Mission Indians, a federally reco§nized Indian tribe {"Tribe~) and East Valley Water District, a public agency ('District'} and shall amend that certain Development A~reement dated as of May 21, 2002 by the San Manuel Band of Serrano Mission Indians and East Valley Water District (the "Agreement"). 1. The waterline relocation maps attached as Exhibit ~A-1' and Exhibit ~A-2' are replaced in their entirety by Ex!cdbits ~A-1' and "A-2' attached hereto and incorporated herein by reference. 2. Except as expressly modified by this Amendment, the A~rcement shall remain unmodified and in full force and effect. This Amendment is effective as of the date first set forth above. "Tribe" SAN MANUEL BAND OF SERRANO MISSION INDIANS By: Deron Marquez Its: Tribal Chairman "District" EAST VALLEY WATER DISTRICT, a public agency By: Donald D. Goodin Its: Board President Attachments Exhibit A-1 Water Improvement Plan Phase 1 Exhibit A-2 Water Improvement Plan Phase 2 ROCKFORD AVE. ABANDON 5?0 LF 12' W PROPOSED 16' i _~-~- -":rr :.~... '~:- .,¢¢B .'"'.'"'.'"'.'"~ - -, ~CTORIA WATERLINE ~ ~'~ ~ ,o ~ ~o~[~ fiXHIBIT ~o~os~ w~T~L,~ PHASE 1 PHASE 1 ~ ~/¢~ ~ WATERLINE TO BE ABANDONED EXHIBIT A-2 WA~U~ IMPRQVEMENT ...... *~AS~ ~ WATER PLAN **o~os~ WAT~*U~ PHASE 2 PHA~ ~ DEVELOPMENT AGP,_EEMBNT THIS AGREEMENT is made as oft. his g2, i day of~, 2002, by and between EAST VALLEY WATER DISTRICT, a public agency ( hereinafter the 'qDISTRICT"), and SAN MANUEL BAND OF MISSION INDIANS, a federally recognized Indian Tribe (here'.mailer the "DEVELOPER"). RECITALS A. The DISTRICT is a County Water District organized and operating pursuant to Cs/ifomia Water Code Section 30000 et seq. B. The DEVELOPER proposes to relocate and enlarge a certain 12" water transmission main within the boundaries of the DISTRICT which is generally located between Rockford Avenue and Victoria Avenue in. the City of San Bemardino, County of Sim Bemazdino, State of California, and is generally identified as within Marshall Bird. (hereinafter "the PROPERTY"). A copy of each of the waterline relocation maps for each phase of the PROPERTY showing the area to which the pipeline ihail be relocated is attached hereto as Exhibit "A-I" and Exhibit "A-2" and each is incorporated herein by this reference. C. The development of the PROPERTY presently contemplates the relocation, in two phases, of approximately 550 Linear Feet (ti) of 12" water trammission main, and the replacement of such 12" water transmission main with 16" pipe, The DEVELOPER intends to design and construct the facilities necessary for the relocation of the aforementioned water main within the PROPERTY. D. The DISTRICT supplies domestic water service within its jurisdictional area · ' and is the public agency empowered by law to provide such service to the PROPERTY. B. The purpose' of this AGREEMENT is to provide the terms and conditions under which the DEVELOPER will design and construct the facilities necessary for the DISTRICT to maintain water service within the PROPERTY (hereinafter "the PROmCT"). COVENANTS NOW THEREFORE, in consideration of the preceding Recitals and the mutual Covenants contained herein, the parties hereto agree as follows: Section 1. DESION OF FACILITIES. The DEVELOPER agrees to desi~ the relocation of the water facilities within the PROPERTY in the following rnarmer and according to the Rules and Regulations of the DISTRICT: t ~. The DISTRICT agree~ to provide to the DEVELOPER tentative water pla{s which conform to the requirc~nents of the DISTRICT. b.' The DEVELOPER agrees to design the water facilities ss4th~n the PROPERTY in accordance with the DISTRICT'S Standards for Design and Processing of Water Plans and the tentative plans provided by the DISTRICT. The design shall be submitted to the DISTRICT in a complete form which sh~l provide sufficient information for review and approwl by the DIST]~ICT in the exercise of its reasonable discretion. c. The DISTRICT may request certain changes in the plans to provide for oversizing of facilities, which the DEVELOPER agrees to incorporate into the plans and specifications for the PROPERTY. d. The DEVELOPER shall furnish the DISTRICT with any and all easements or other rights reasonably acceptable to DISTRICT to use necessary for the construction, operation, maintenance, and repair of any and all water facilities to be installed and/or used for the PP, OJECT. All grants of easements or other such rights shall be submitted to the DISTRICT fo~ review and approval by the DISTRICT in the exercise of its reasonable.discretion prior to the DISTRICT's acceptance of any dedication of the PROJECT facilities under Section 5 of this AGP, E. EIVfENT. e. The DEVELOPER shall submit aH plans, drawings, ~ecffications, and contract documents, for all work to be performed pursuant to this AGREEMENT, to the DISTRICT for review and approval, if reasonably acceptable to the DISTRICT. The DISTRICT agrees to review all such documents in a timely manner and, upon inclusion of all changes thereto requested by the DISTRICT in a manner reasonably satisfactory to. the DISTRICT, thc DISTRICT will provide the DEVELOPER with authorization to proceed. The DE¥-ELOPEP, shall not proceed with the construction of the PP. OYECT and any other water or sewer facilities for use on the PROPERTY until the DISTRICT so authorizes. Section 2. CONSTRUCTION OF FACILITIES. The DEVELOPER agrees to construct the PKO~ECT and all other water facilities necessary for the. PROPERTY in the following'm~ner subject to the DISTRICT's approval: a. The DEVELOPER shall obtain all nec~sary permits from all public and private agencies required for the construction of the PKO]-ECT. The PROJECT and the facilities appu~enant thereto sb. all be constructed at a location determined in advance of construction by the DISTRICT, and shall be relocated by the DISTRICT at the DEVELOPER's sole expense if such relocation is deemed necessm'y by any governmental agency other than the DISTRICT from which the costs of such relocation cannot be recovered. In the event such relocation is require~, the DISTRICT shall continue to provide the PROPERTY with water service durh~g and after such relocation. The DEVELOPER hereby grants the DISTRICT full access to the PKOPEP, TY ant[ ali other locations where the work contemplated herein is to be performed. b. All facilities constructed pursuant to this A~P,_BBMENT shall be in accordance with accepted standards and practices in the industry and in compliance with all local, state, and federal laws, rules, and regulations. The DEVELOPEK shall be responsible for providing all labor, materials, and. ~uipment necessary to perform the work for the PKOIECT, and such work shall be performed in a timely and worian~nllke .mannc~ by a p~y or entity acceptable to the DISTRICT. All such facilities shall conform to the DISTRICT's Standard Specifications for the Fumishin~ of Materials and the Construction of Water Pipelines. All costs and liabilities in connection with the design and construction of the PKOIECT shall be borne solety by the DEVELOPI~ c. The DISThlCT shall inspect and approve all work to be performed under this AGKEEMEI, fr. However, any approval by the DISTRICT of such work, or of the designs, specifications, reports, and/or materials furnished hereunder, is understood to be conceptual approval only and will not operate to relieve the DEVELOPER or its contractors, consultants, or subcontractgrs of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or their own willful misconduct. Further, neither the DISTRICT's review, approval, or acceptance of any of the work or services performed in connection with this AGREEMENT shall be construed as a waiver of any rights hereunder or of any defense or cause of action which the DISTRICT may have arising out of the performance oft-his AGREEMENT or any previous or subsequent agreements. The DEVELOPER shall cause the facilities constructed under this AGREEMENT to be inspected as required by any and all other public or private agencies. Section 3. DEVELOPER'S COSTS. In addition to all other obligations imposed upon the DEVELOPER under this AGREEMENT, the DEVELOPER shall be responsible for the payment, of all of the following: a. The DEVELOPER shall be solely responsible for the payment of all costs, fees, and expenses associated with the construction, inspection, operation, maintenance, repair, and relocation of the PKOIECT, including all costs, fees, and expenses incurred for the environmental analysis, engineering, and d~sign of the PB. OJ'BCT. b. The DEVELOPER shall comply with all generally applicable rules, regulations, resolutions, and ordinances of the DISTRICT that are currently in place or may hereafter be adopted, and shall pay when due any mad all fees, deposits, charges, rates, fmeg, penalties, taxes, and/or assessments that may be levied by the DISTRICT. c. Unless prohibited by applicable law, 'the DEVELOPER hereby consents, and waives any objection, to the exercise of any and all collection remedies that are available to the DISTRICT under the law upon the PROPERTY and/or the person and/or property of the DEVELOPER and its shareholders and partners. Section 4. SECURITY. a. Prior to commencement of construction of the PKOIBCT, the DEVELOPER shall provide performance, completion, and/or payment bonds for the PKOIECT in the minimtum amount of not less than 100 percent of the estimated construction costs ~ontaining covenants wMch ~e ~ccept~ble to ~e DI~CT. b. ~or to co~encement of cons~ction of ~e PRO.CT, sh~l p~o~de ~ m~t~ce Bond for ~e P~O~CT in ~e ~ount of I00 percent of~l co~tmc~on costs, w~ch sh~l COhen cov~ w~ch ~e sa~sfacto~ to ~e DIST~CT, Such bond shall ~em~n ~ rome for at le~t ~elve (~2) monks ~om date of acceptEce by ~e D~S~CT 9f ~e dedication of s~d c. ~e DEVELOPER shall also prooure ~d m~nt~ ~s AG~E~ such policies of ~surEce, bon~ ~om E acceptable s~eW, cmh deposits, escrow acco~s, le~ers of credit,, ~d o~er fo~ of sec~W, ~ ~o~m and upon te~s deemed s~dcient by ~e D~ ~ ~ts reportable discretion to protect DIS~CT ~om Ey ~d ali expos~e to loss ~or HabiHW, Section ~. DEDICATION OF FAC~]~S. a. The DE.LOPER shall, upon completion PEOJE~ facilities to be ~st~led here~der to the satisfaction of ~e DIS~. dedicate s~d facilities to ~e DIST~CT by a deed of dedication or such o~e~ ~s~ment ~ ~e DIST~CT may prescribe, Ed thc DIS~ICT a~ees ~o accept ~e de.cation ~eof by fo~ scion of i~ Bo~d of Directors, ~ema~er such defeated ~scili~es sE1 become ~d be operated ~d mantled by ~e DIS~CT ~ p~ of ~e DIS~CT's water system, The DIS~CT sh~l not acc~t d~cafion of s~d water face, es ~til ~ ~ec~on ~e~ have been p~d mHess o~e~se ~owed und~ Section 3.a. here~. b, ~e DE.LOPER hereby ~an~ ~e DIST~CT PROPBR~ for ~e p~ose of ~sta~g, opera, g, ~sp~ng, m~t~g, ~d r~si~ng ~1 metes, yalv~, ~d o~er appu~e~c~ necess~ for ~e DIS~CT to record, re.ate, ~d consol ~e mo~t of water p~ped ~effom. Section 6, SBK~CE ~ST~CTIONS. ~y ob~gafion on ~e p~ of the D~T~CT to supply water to ~e PROPBR~ pu~u~t to AG~E~ s~ be excused ~ ~e event ~st ~e perfo~ce thereof is ~t~pted for ~y of ~e follo~g repons: ~o~, w~s, sabotage, ci~l ~s~bmces, ~su=~tion, explosion, co~ order, na~r~ disinters such ~ floods, e~q~es, I~lides, f~es, labor dis~rbmces not ~volv~g DIST~CT employees and o~er cat~tropMc events wMck ~e be~nd ~e re~onable consol of ~e DIS~CT. No~tmd~g ~y o~er pro.sion to ~e con~, ~e DIST~CT may suspend or re~se wat~ se~ice to ~e PROPERTY if the DE.LOPER is ~ bresc~ default, or violation of~is AG~E~NT or ~y ~le, re.la,on, resolution, ~or ord~mce of the DIST~CT ~at is c~ently place or may herea~er be adopted, or if such se~ice would adve~ely affect ~e heal~, safety, or welf~e of the D~T~CT's customers, cr for ~y re.on d~emed parlour by the DIST~ ~ its reasonable discretion. Section T. NO ~P~SE~ATION$, W~T~S, OK CL~ OF WATER ~GHTS. ~e DIST~CT m~es no express or implied representations or 4 warranties conceraing the quality, pressure, or temperature of any water delivered pursuant to the terms of this AGREEMElffr, or the manner in which the water is provided, or its fitness for any particular purpose, and thc DISTRICT shall not be held l{able for any losses incurred or damages sustained as a direct or indirect result thereof, nor shall the DISTRICT be held 1/able for any losses incurred or damages sustained after the water furnished hereunder is transferred to the PROTECT facilities. Any water conveyed by the DISTRICT under th/s AGKEEM~I~ shall not serve as thc basis of, or otherwise support, any water rights clakn that may bc asserted by the DEVELOPER. Section 8. LIABILITY POK DAMAGES. Other than claims, damages and liabilities arising fi:om the DISTRICT's breach of' tbJ. s A_GREEMENT, the DISTRICT shall not be held liable or responsible for any debts or claims tha~ may arise from the operation of th/s AGREEMENT, or for any damage claims for injury to persons, including the DEVELOPER and/or its officers, directors, 'shareholders, guests, invitees, trespassers, agents, contractors, consultants, and employees, or for proper~y damage, from any cause arising out of or in any way related to the PROPERTY, the PROJECT, and/or the DEVELOPER's obligations hereunder. Section 9; RELEASE. The DEVELOPER hereby .expressly waives and releases the DISTRICT and its agents, officers, dfi:ectors, and employees from any and all liability for the claims, actions, and/or losses set forth in Section 8 above and for any costs and expenses incurred in connection therewith. The DEVELOPER, notwithstanding the provisions of California Ch41 Code § 1542. which pro,ides as follows: "A general release does not extend to claims which the creditor did not know or suspect to exist in his or her favor at the time of the executed release which if known by him or her must have materially affected his or her settlement.w/th the debtor." expressly wa/yes and rel/nquishes all rights and benefits afforded to the DEVELOPER thereunder and under any and all similar laws of any state or territory 6fthe Un/ted States with respect to the claims, actions, and/or losses referenced above. This AGREEMENT shall act as a release of any claims that may ar/se fi:om the aforementioned whether such claim~ are currently known or unknown. The DEVELOPER understands and acknowledges the significance and cousequences such specific waiver of Civil Code § 1542 and hereby assumes fug responsibility for any injuries, damages, losses, or liability that may result from the clakns identified above. This AGREEMENT shall also act as a release of any cia/ms, actions, and/or losses set fo~ in Section 8 above, that may arise in the future whether such claims are currsntly, foreseen or unforeseen. Section 10. HOLD HARMLESS. Excepting the breach of this AGP..EEMENT by, or the negligence or willful misconduct of, the DISTRICT, the DEVELOPER shall indemnify and hold the DISTRICT and its officers, directors, agents, and employees harmless from and against all claims and I/abilities of any kind arising out of, in connection with, or resulting from, any and all acts or omissions on the part of the DEVELOPER and/or its officers, directors, shareholders, partners, assignees, guests, invitees, trespassers, agents, contractors, consultants, and employees in connection with 5 the PROPERTY, the PROYECT, and the performance of their obliga~ons under tMs · AGREEMENT, includin~ design defects, even if occun'ing after the completion of the · PKOJECT, and defend the DISTRICT and its officers, directors, agents and employees from any suits or actions at law or in equity for damages, and pay all court costs and counsel fees in connection therewith. In addition, the DEVELOPER agrees to defend, indemnify, and hold the DISTRICT harmless from and against ali cia{ms, losses, liabilities, damages, demands, actions, judgments, causes of action, assessments, penalties, costs and expenses (including, without limitation, the reasonable fees and disbursements of legal counsel, expert witnesses, and accountants) which might arise or be asserted ag~rmt the 'DISTRICT and/or the DEVELOPER with regard to the PROPERTY and/or the PRO/ECT which are alleged and/or determined to be tortious, and/or in violation of present, and future federal, state, aud. local laws (whether under common law, statute, rule, regulation, or otherwise), including, but not limited to, the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and the Guidelines adopted thereunder, California Code of Regulations Section 15000 et seq., ail as the same maybe amended from time to time. Section 11. NOTICES. Any notices to be given hereunder by either party to the other shall be in writing. AH'notices, tenders and deliveries shall be addressed as set forth below, but each party may change its address by written notice in accordance with this section. If to the DISTRICT: East Valley Water Dis~ct P.O. Box 5427 1155 Del Rosa Avenue San Bemardino, CA 92413 Attu: General Manager If to the DEVELOPER: San Manuel Band of Mission Indians P.O. Box 266 Patton, CA. 92369 Attn: Tribal Chshperson Any notices properly addressed, sent by registered or certified mail, return receipt requested, or by facs/rnile or by Federal Express or similar generally recognized messenger or overnight courier service regularly providing proof of delivery shall be deemed to have been given ss of the date of delivery (whether accepted or refused) established by the United States Post Office return receipt, the proof of complete transmission generated by the fax machine, or the messenger's or courier's proof of delivery, ss the case may be. Notice sent by any other manner shall be effective only upon actual receipt by the addressee. Section 12. DISPUTES. a. By thls AGREEMENT, DEVELOPEK does not waive, l'nnit, or modify its sovereign immunity fiom suit or other legal proceedings, except as prey/dod in Sections 10, 12 and 18 of this AGP, EEMENT. b. Subject to the provisions of Sections 10, 12 and lg of this AGREEMENT, DBVELOPBR does hereby expressly grant to the DISTRICT, only for purposes of the DISTRICT's enforcement of its fights under this AGKEEMENT and under its rules, regulations, ordinances and resolutions, a waiver of (a) its immunity from suit or other legal proceedings, (b) its fight to require exhaustion of any Tribal remedies, (c) its fight to impose or seek any Tribal remedies, and (d) its right to be sued in the courts of the ~'~tate of California, ss such Courts are or may be established, and consents to suit in ;xccordance with Sections 10, 12 and 18 of this AGRI~.EMENT. c. DBV]~LOPBK grants a limited waiver of its sovereign immunity as to suit or ~nther legal proceeding involving a claim if each and every one of the following conditions are met: 1) The claim is made by a party designated under this Section 12, and not by any other person (except ~s provided in Section l0 of this Agreement); 2) The claim arises out of an alle§ed breach or other violation by DEVELOPEP,, and/or its agents and employees, of one or more of the obligations or duties assumed by DEVELOPER. pursuant to t~.s AGREEMENT. .3) The DISTRICT gives written notice of such claim to DEVELOPEK and except where DISTRICT is seeking indemr,[fication, L-',j'~mctive, or other equitable relief, or the public interest of the DISTKICT otherMse requ'~res, DEVELOPER. shall have fifteen (15)*calendar days in which to cure the breach alleged in the claim to the complete satisfaction of the DISTRICT before judicial proceedings may be institute& d. The recipients of the benefit of this waiver of sovereign immunity are limited to DISTRICT and its successors. e. DEVELOPEK waives its sovereign immunity fiom a judgment or order consistent with the terms and provisions of Sections 10, 12 and 18 of this AGREEMENT, DEVELOPEK consents to the jurisdiction of the Superior Cour~ in the County of San Bemardino, State of California, and any court having appellate jurisdiction thereover, consistent with the terms and conditions of Sections 10, 12 and 18 of this AGREEMENT. None of the parties hereto shall object to the jurisdiction or venue of said court. Without in any way 1Lmiting the generality of the foregoing, DEVELOPER expressly authorizes any governmental authorities who have the right and duty under applicable law to take any action authorized by any court, to take such action to give effect to any judgment entered against DEVELOPER.. Section 13. ATTORNEYS' FEES. If a dispute s_~ises which cannot be resolv~ by arbitration, regarding the breach or enforcement of the provisions ofthls AGRBEIVIBNT, the prevailing patty therein shall be entitled to recover all attorneys' fees and other costs actually incumed in connection with reaching a resolution of the dispute whether or not an action, claim, or lawsuit is filed. In any action bmu~t, the entitlement to recover attorneys' fees and costs will be considered an element of costs and not of damages. Section 14. INIJt~lVIBNT. This AGR.BEiVIBNT and all pmvlsions hereof shail be jointly and severally binding upon, and inure to the benefit of, the pa~ties hereto, their respect/ye heirs, successors, legal representatives, md assigns, and each of the shareholders and partners of the DEVBLOPEt~. in their individual, separate, and/or other capacities. Section iS. ASSIGNMBNT. This AGR_BB1V[BNT may not be assigned to any individual or entity without the written consent of the parties hereto. Section 16. INTEGRATION AND AI~NDiVIBI~f. This AGRBBMBNT constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, whether oral or written, between the parties in connection therewith. This AGRBBIv[BNT may not be amended unless in writing and si~ned by the parties hereto. Section 17. CAPTIONS. The captions of sections and subsections of this AGR.BBIVIBNT are for reference only and are not to be construed in any way as a part of this AGRBBIvIBNT. Section 18. INTBRPRBTATION AND BNFOKCBMBI~T. This 'AGRBB1M~NT shall not be construed against the party prep-.~.'ng it, but shah be construed as ffboth part[es jointly prepared this AGRBB1V~I~ and any unce~ainty or ambi~tity contained herein shall not be interpreted against any one party. Failure by either party to enfome any provision of this AGP,.BBIVIBNT, or any waiver thereof by such party, shah not constitute a waiver of said party's fight to enforce subsequent · v/olations of the same or any other terms or conditions herein. This AGP,.BBMBNT shall be enforced and govem~ by and under the laws of the State of California, and venue for any action brou~t to interpret and/or enforce any provision of this AGRBBlVI.BNT shall be in a state cou~ located in the State of California that would generally have in rem jur/sdiction over real propen'y located in the City of San Bemardino. Section 17. SBVBRABILITY. If any ~ortion of this AGRBBMBNT is declared by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions ofth/s AGP,.BBMBNT shall continue in full force and effect. Secti6n 20. TIM~ OF THE BSSBNCB. Time is of the essence in this AGRBBMBNT, and the par~ies hereto agree to proceed in good faith, with due diligence, to complete all covenants and conditions set fot~L herein and to pe~onn such further acts as is reasonably necessary to effectuate the purpose of this AGR_BBiVIBNT. Section :21, AL~rlORITY. Each individual executing this AGREEMENT on behalf of a party hereto represents and,/~arrants that ke or she is fully and duIy authorized and empowered to so execute on behalf of such party, and that this AGREEMENT is b/nd/rig in the manner set forth in Section 14 h~reof. TN WITNESS WHEREOF, the parties hereto have caused this AGP,.EEIM~ENT to be executed by their respective officers as of the date first above written, DISTRICT: EAST VALLEY WATER DISTRICT By: ~ President, Board of'Directors ATTE~~ 'Secretary - /~ DEVELOPER.: .q~lq MANUEL BAND OF M~SSION CAL;FORNtA ALL. PURPOSE ACKNOWLEDGMENT State o~ pe~onal~y appeared ~ prov~ ~ me on ~e basis of satisfacto~ edde~e to be ~e parson(s) whose name(s) is/are Subscribed to ~e wi~in instrument and acne--ged to me ~at he/sh~ey executed the same in his~efltheir authorized capacity{ies), and that by his/~er/~heir signature(s) on ~e inst~ment ~e person(s), or the enfi~ upon behalf o[ which ~e person(s) acted, executed the inst~menL W~SS my h~d and o~cia~] , m2 ~ ~2' w\ / WATERUNE TO "~ A"~D~ED EXHIBIT A-2 WATERUNE WATER IMPROVEMENT PLA PHASE 1 PHASE 2 .Ro~'os~ WAT~.UN~ PHASE 2 REQUESTED BY AND WHEN RECORDED MAIL THIS AGREEMENT AND ALL TAX STATEMENTS TO: San Manuel Band of Serrano Mission Indians 26569 Community Center Drive Highland, CA 92346 Attention: C-il Oviedo, Din, Project Development (Above Space for Recorder's Use Only} AMENDMENT TO PIPELINE LICENSE AGREEMENT This Amendment to Pipeline License Agreement (the "Amendment") is entered into as of the __ day of July, 2003 between the San Manuel Band of Serrano Mission Indians, a federally recognized Indian tribe (~kibe") and East Valley Water District, a public agency (~District") and shall amend that certain Pipeline License Agreement dated as of May 21, 2002 by the San Manuel Band of Serrano Mission Indians and East Valley Water District, and recorded in the Official Records, County of San Bernardino, Document No.: 2002-0300901 on June 14, 2002 (the 'Agreement"). 1. The Site Plan, Pipeline License Area, and List of Improvements identified in the Agreement and referred to therein respectively as Exhibits B-1 and B-2, Exhibits C-1 and C-2 and Exhibit D, are hereby each replaced in their entirety by Exhibit B-l, Water Improvement Plan, Phase 1; Exhibit B-2, Water Improvement Plan, Phase 2 (Site Plan); Exhibits C-l, C-2, C-3 and C-4 (Legal Descriptions for Pipeline License Area) and Exhibit D (List of Improvements), each of which is attached hereto and incorporated herein by reference. 2. The Temporary Pipeline License Area as shown in the original Exhibit C-3 is superseded in its entirety. New Exhibits C-3 and C-4 describe new Pipeline License Areas which are not temporary in nature. Exhibits C-3 and C-4 amend the Pipeline. License Area in order to take into account the vacation of certain street easements which occurred subsequent to the execution of the Agreement. 3. The Agreement is amended to add Paragraph 15 below. a. By the Agreement, Tribe does not waive, limit, or modify its sovereign immunity from suit or other legal proceedings, except as provided in this Paragraph 15. b. Subject to the provisions of this Paragraph 15, Tribe does hereby expressly grant to the District, only for purposes of the District's enforcement of its rights under this Agreement and under its rules, regulations, ordinances and resolutions, a waiver of (i) its immunity from suit or other legal proceedings, (ii) its right to require exhaustion of any Tribal remedies, (iii) its :right to impose or seek any Tribal remedies, and (iv) its right to be sued in the courts of the State of California, as such Courts are or may be established, and consents to suit in accordance with this Para~,,raph 15. c. Tribe grants a ]{m~ted wsiver of its sovereign {~urdty as to suit or other legal proceeding involving a cl~irn if each and every one of the · following conditions are met: i. The eI~m is made by a party designated under this Paragraph 1S, and not by any other person. 2. The claim arises out of an alleged breach or other violation by Tribe, and/or its agents and employees, of one or more of the obligations or duties assumed by Tribe pursuant to this Agreement. 3. The District gives written notice of such claim to Tribe and except where District is seeking indemnification, injunctive, or other equitable relief, or the public interest of the District otherwise requires, Tribe shall have fifteen (15) calendar days in which to cure the breach alleged in the c]~m to the coraplete satisfaction of the District before judicial proceedings may be instituted. d. The recipients of the benefit of this waiver of sovereign {mmunity are l{m~ted to District and its successors. e. Tribe waives its sovereign. ~mrm;tnity from a judgment or order consistent with the terms and provisions of this Paragraph 1S. Tribe consents to the jurisdiction of the Superior Court in the County of San Bemardino, State of C~l~¢omia, and any court having appellate jurisdiction thereover, consistent with the terms and conditions of paragraph 15 of this Agreement. None of the parties hereto shall object to the jurisdiction or venue of said court. Without in any way l(m{ting the generality of the foregoing, Tribe expressly authorizes any governmental authorities who have the right and duty under applicable law to take any action authorized by any court, to take such action to give effect to any judgraent entered against Tribe. 4. Except as expressly modified by this Amendment, the Agreement shall remain unmodified and in full force and effect. This Amendment is effective as of the date first set forth above. "Tribe"' SAN MAHUEL BAND OF SERRA~O MISSION INDIANS By: Deron Marquez Its: Tribal Chairman "District" EAST VALLEY WATER DISTRICT, a public agency By: Donald D. Goodin Its: Board President Attachments Exhibit B-1 Water Improvement Plan Phase 1 Exhibit B-2 Water Improvement Plan Phase 2 Exhibit C-1 Legal Description and Map Exhibit C-2 Legal Description and Map Exhibit C-3 Legal Description and Map Exhibit C-4 Legal Description and Map Exhibit D List of Improvements ....... VALARIA DRivE , I I I ROCKFORD AVE. ABANDON 570 LF 12' % , t I PROPOS[O 16" W % ~ 25'-- WATERLINE TO BE ABANDONED EXHIBIT,~-, WATER IMPROVEMENT PLAN PF~OPOSE~) WATERUNE PHASE 1 PHASE 1 I I ROCKFORD AVE. WATERLINE TO BE ABANDONED EXHIBIT B-2 WATERLINE WATER IMPROVEMFNT PLAh ...... PHASE 1 PHASE 2 __ PROPOSED WATERLINE PHASE 2 LEGAL DESCRIPTION A STRIP OF LAND 30.00 FEET WIDE FOR WATER AND SEWER PURPOSES OVER A PORTION OF TI-I]E EAST ONE-HALF OF LOT 6, BLOCK 16 OF TI-lB MAP .OF WEST HIGI~;ANDS, lin THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT FILED IN BOOK 5, PAGE 77 OF MAPS, IN THE OFFICE OF TI-lB COUNTY RECORDER OF SAID COUNTY, TIlE NORTI-I~ASTERLY LINE OF SAID STRIP OF LAND BEING PARAIJ.EL WITH AND DISTANT 55,00 FEET NORTH]EASTERLY FROM THE CENTERLIiNE OF THAT CERTAIN 50.00 FOOT WIDE WATF, I~I.INE EASEMENT GRANTED TO SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT IN BOOK 8265, PAGE 120 OF OFFICIAL RECORDS OF SAID COLrNTY. THE NORTHEASTERLY SIDEL1NB OF SAID STRIP OF LAND IS TO BE SHORTEN'ED OR LENGTHENED TO TERMINATE NORTHWESTERLY AT THE WESTERLY LINE OF TIlE EAST ONE-HAI,F OF SAID LOT 6 AND SOUTI~EASTERLY AT THE WESTERLY PROLONGATION OF ~ NORTH LINE OF LOT 1 OF TRACT NO. 10500, FIr.RD IN BOOK 155, PAGES 8 TI{ROUGH 10, INCLUSIVE OF IVlA~'S, RECORDS OF SAID RIVERSIDE COUNTY. TI-lB SOUTHWESTERLY SIDELINE OF SAID STRIP OF LAND IS TO BE SHORTENED OR LENGTI-~NED TO TERMINATE NORTHWESTERLY AT ~ WESTERLY LIiNE OF THE EAST ONE-HALF OF SAID LOT 6 AND SOUTHEASTERLY AT THE EASTERLY LINE OF SAID LOT 6. EXCEPTING TI-1BREFROM THAT PORTION OF VICTORIA AVENUE LYING SOUTHERLY OF THE WESTERLY PROLONGATION OF THE NORTH LINE OF LOT 1 OF SAID TRACT NO. 10500. CONT.AIiN]IWG: 11,563 SQUARE FEET MORE OR LESS PREPARED BY ME OR UNDER MY SUPERVISION: ANNA M BE~, P L S 4955 DA~ '~k ", / '-~ Page I of 2 REVISED 7/11/03 P:SURVE¥\AN NA\HIGHLAND\ENCUMBRANCES~DWG\E_WATEMST,DOC ~ ~s~_ BOUL~V~n (~ ~o, s~-~ EXHIBIT "C- 1" ~A~O) ~ ?~ . ~'~W~.~, ~ --/~.~~ ,~ -~ ~. .,.o~_ ~ * N'LY ~E ~T 1 "' ~ ~.s. ~/s-~o. ~//~ ~ o~. ~5.60' ~ ~ 27¢.~' R~ gLY 11, ~ S~ MANUEL INDIAN RESERVATION ~GENO ~om ~ n~s~ s~ FOR Wk~ ~ ~ PU~OS~. ~ OF ~ST (~) ~73~ ~ 11,616 SQ. ~, ~ A.P.N. 285-153-16 'EXHIBIT "C-2" LEGAL DESCRIPTION A STRIP OF LAND 30.00 FEET Y~IDE FOR WATER AND SEWER PURPOSES OVER A PORTION OF LOT 6 AND MARSI-T~TI. AVENUE, VACATED (FORMERLY LEIVlON STRF. BT, 41.25 FOOT HALF-Wl]DTI-I), IN BLOCK 16 OF ~ MAP OF WEST HIGHLANDS, IN TIlE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT FII.FiD IN BOOK 5, PAGE 77 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDF.,R OF SAID COUNTY, TI-IB NORTI-IEASTERLY LINE OF SAID STRIP OF LAND BEING PARALI .I~.L wrrlt AND DISTANT 55.00 FEET NORTHEASTERLY FROM THE CENTERLINE OF THAT CERTAIN 50.00 FOOT WIDE WATERLINE EASEMENT GRANTED TO SAN BBRNARDINO VALLEY MUNICIPAL WATER DISTRICT IN BOOK 8265, PAGE 120 OF OFFICIAL RECORDS OF SAID COUNTY. EXCEI:rrlNG Tt-IEREFROM THE EAST ONE-HALF OF SAID LOT 6. THE SIDELINES OF SAID STRIP OF LA_ND ARE TO BE SHORTENED OR IF, NGTttBNED TO TERMINATE NORTHWESTERLY AT TIlE CENTERLINE OF SAID MARSHALL AV~i'qIJE, AND SOUTHEASTERLY AT TI-IB WESTERLY LINE OF THE EAST ONE-HALF OF SAID LOT 6. CONTAINING: 3,520 SQUA.R.E FEET MORE OR LESS PREPARED BY MB OR UNDER MY SUPERVISION: ~..,N~,~ M. BEAL\ ANNA M. REAL, P.L.S. 4955 bJ['l'rE E×p. XZ-3~ -o5 ~v,J E~ 12/31/05 Page 1 of 2 REVISE[) 2/24/03 P:SURVEYV~,NNA\HIGHLAND\ENCUMBRANCES~DWG\W_WATEM ST,DOC ~. MARS~I.I.~,. BOUI.IWARDs~4,.srw(~,~LY u~ ~,.~ EXHIBIT~ "C - 2" 1.~' ~ ~ 279.~ 2~.~ . ~'LY ~E L~T 6 L=87.16' ~9,17' H~ON ~[ ~ ~ HS~'5~W 572,~' RE~ ~TA P~ ~. 76/52, HS~'~W / 619.B2' SH~ 2 ~ 2~ ~zvo~ S~ ~NUEL IND~ RESERVATIOiN ~G~D ~C~ FO~ ~A~ ~ 8~ P~POS~S ~ D~ BEG~ m~ ~ ~. ~ FOR ~A~ ~ S~ PUR~S~. ~ O~ ~S~ ~S (7=~) ~ A.P.N. 285-155-14 'EXlqT~IT "C-3" LEGAL DESCRIPTION A STRIP OF LAND 30.00 FEET WIDE FOR WATER AND SEWER PURPOSES OVER THE NOR'[~I ONE-F_Ar.I~ OF MARSHALL AVENIYE, VACATED (FORMERLY LEMON STREET, 41.25 FOOT HALF-WIDTH), AS SHOWN ON PARCEL MAP NO. 10305, IN THE CITY OF SAN BBRNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT PTI.ED IN BOOK 133, PAGES 34 AND 35 OF MAPS, IN TH~ OFFICE OF ~ COIE~rY RECORDER OF SAID COUNTY, THE NORTHEASTERLY LINE OF SAID STRIP OF LAND BEING PARALLEL WITH AND DISTANT 55.00 FEET NORTH]EASTERLY FROM THE CENTEI~I,rNE OF THAT CERTAIN 50.00 FOOT WIDE WATERLINE EASEMENT GRAI~ED TO SAN BEKNARDINO VALLEY MUNICIPAL WATER DISTRICT IN BOOK 8265, PAGE 120 OF OFFICIAL RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE NORTH 6.25 FEET OF SAID MARSHALL STREET ~ SIDELINES OF SAID STRIP OF LAND ARE TO BE SHORTENED OR LENGTHENED TO TERM~ATE SOUTHEASTERLY AT THE CENTERL]NE OF SAID MARSHALL STREET, CONTAINING: 1,327 SQUARE FEET MOPE OR LESS PREPAi~RD BY ME OR UNDER MY SUPERVISION: Page 1 of 2 REVISED 2/24/03 P:SU RVEY!AN NA\HIGHL~,N D\ENCUMBRAN CES~WG\C3_WATEMST.DOC 'EXHIBIT "C-4" LEGAL DES CRIPTION TH2E NORTI-IERLY 20.00 FEET OF THE SOUTHERLY 35.00 FEET OF TH~ NORTH ONE- HALF OF MARSHALL AVENUE, VACATED (FORMERLY LEMON STREET, 44.00 FOOT HALF-WIDTH), AS SHOWN ON PARCEL MAP NO. 4879, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT FILED IN BOOK 53, PAGES 69 AND 70 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ~ SIDELINES OF SAID STRIF OF LAND ARE TO BE SHORTENED OR LENGTHENED TO TERM}SNATE EASTERLY AT THE NORTHEASTERLY LINE OF THAT CERTAIN 50.00 FOOT WIDE WATERLIiWE EASEMENT GRANTED TO SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT IN BOOK 8265, PAGE 120 OF OFFICIAL RECORDS OF SAID COUNTY, AND WESTERLY AT THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF ROCKFORD AVENUE (60.00 FEET WIDE) AS SHOWN ON TRACT NO. 9239,AS PER PLAT FILED IN BOOK 1299, PAGES 66 AND 67 OF MAPS, IN THE OFFICE (DF THE COUNTY RECORDER OF SAID COUNTY. CONTAINING: 9,953 SQUARE FEET MORE OR LESS PREPARED BY IWfE OR UNDER MY SUPERVISION: EXPIRES 12/31/05 Page 1 of 2 REVISED 6/25/{)3 P:S URVEY~ANi',~A\HIGHLANO\ENC U MBRANCE~DWG\C4_WATE MST.DOC EXHIBIT "D' LIST OF IMPROVEMENTS .PROJECT DESCRIPTION The proposed project will comprise of two phases of construction, as follows: Phase 1: Construction of approximately 610 linear feet of 16-inch diameter ductile iron pipe (DIP) waterline and appurtenances, in Marshall Boulevard. Starting at thc existing 12-inch diameter waterline in Marshall Boulevard at 1R. ockford Avenue intersection, the proposed 16-inch DIP will extend east in Marshall Avenue in a 20- foot wide easement, approximately 25 feet to the north of the street ccnterline; thence, join the existing 12-inch diameter waterline east of San Bernardino Valley Municipal Water District's 7g-inch diameter water transmission piperme US-inch Pipeline). After completion and acceptance of the 16-inch DIP, appro,~mately 570 linear feet of the existing 12-inch waterline in Marshall Boulevard, from Rockford Avenue to east of the 78-inch Pipeline, will be abandoned. Phase 2: Construction of approximately 530 linear feet of 16-inch DIP waterline and a.ppurte~ances, connecting the 16-inch DiP constructed in Phase 1 to the existing 12-inch ~meter waterline in Victoria Avenue. Starting at the easterly terminus of the Phase 1 pipeline, the proposed 16:Inch DIP will extend in a southeast direction in a 30-foot wide easement adjacent to the 78-inch Pipeline easement, to join the 12-inch waterline in Victoria Avenue, north Piedmont Avenue. After completion and acceptance of the 16-inch DIP, approximately 330 linear feet of the existing 12-inch waterline in the Marshall Boulevard easement, from east of the 78-inch Pipeline to Victoria Avenue, will be abandoned. REQUESTED BY AND WHEN RECORDED MAIL THIS AGREEMENT AND ALL R.~or~.~ in olflclal Records, County o! 84i~ Ber;Brdl.o TAX STATEMENTS TO: DOG#; 2002-0300901 6/14/2002 10:22 AM Sa~l Manuel Bm-zd of Serrano Mission Ihdians 26524 Indian Sez-cice Road Highland, CA 92346 Attention: Gil Oviedo DJxector of Project Development (Above Space for Recorder's Use Only) PIPELINE LICENSE~GREEMENT TH~.P, IPELINE LICENSE AGREEMENT ("Agreement') is made this day' of Jg~, 2002, by THE SAN MANUEL BAND OF SERRAN0 MISSION INDIANS ("Tribe"), in favor of EAST VALLEY WATER DISTRICT, a public agency {"District"). RECITALS WHEREAS, the Tribe desires to obtain water and sewer services from District for certain improvements located on its property described as stated on Exhibit A (the "Property"); and WHEREAS, District is willing to provide such service and to allow Tr/be to ihave connections for such water and sewer services to those pipelines ma~mtained by the District; and WHEREAS, District requires that Tribe provide it with access to the pipelines after the same are connected to the: District's water system so that District may install, maintain, repair, replace, relocate and service the pipelines attached to its water supply and sewer system; and . WHEREAS, Tribe's interest in the Property is benefici~; 'and fee title to the Property is held by the United States of Arnerica for benefit~/~f"the Tribe; and WHEREAS, as the cestui qui use, Tribe has no power to convey any interest, such as typical utility easements, in the Property to District; NOW, THEREFORE, in consideration of the promises set forth herein, and for other good and valuable consideration thc parties agree as follows: TERMS 1. Transfer of License. Tribe hereby transfers to District, its successors and assigns, a non-exclusive irrevocable license coupled with an interest to use the portions of the Property shown on the site plans for Phase I and Phase 2 attached hereto as Exhibits B-1 and B-2 (collectively, the "Site Plan") and incorporated herein by this reference and more particularly described in and shown in the documents attached hereto as Exhibits C-1 and C-2 and incorporated herein by this reference (collectively, the "Pipeline License Area") and a temporary irrevocable license coupled with an interest to us~: portions of the Property shown in Exhibit "C-3" (the "Temporary Pipeline License Area") to operate, use, reconstruct, remove, replace, alter, add to, repair, and maintain one or more pipelines, together with braces, connections, fastenings, telemetry equipment, and other apphances and fixtures in connection therewith or appurtenant thereto, for the collection of sewage and the'. transmission and distribution of water and electric power. This irrevocable license coupled with an interest shall inch~de the right of the District to excavate, inspect, and store materials on the surface of the Pipeline License Area, to mark the location of the Pipeline License Area by suitable markers set and maintained in the ground at locations deemed necessary by the District, to temporarily use such lands of the Tribe adjacent to either side of the Pipeline License Area and the Temporary Pipeline License Area as may reasonably be required by the District in connection with the exercise of the rights granted herein, and to engage in all acts useful or convenient in connection with or inc:idental to the District's exercise and enjoyment of the fights transferred herein. The rights granted herein to the District are referred to hereinafter as thc: "License". 2. Term of License. The District s~d its successors in interest shall have the rights set forth in this Agreement for so long as the License is deemed necessary by the District for its purposes or until this Agreement is terminated by mutual written consent of the parties hereto or their successors in interest; notwithstanding thc foregoing, however, the District's License to use the Temporary Pipeline License Area shall expire automatically upon the completion of Phase 2 of the contemplated pipeline (which portion runs under the existing flood control channel). By operation of the express terms of this Agreement and the District's reliance thereon, it is the specific intent of the pa:~des hereto that the License conveyed herein to the District shall be irrevocable such that the Tribe and its successors and assigns are hereby barred and estopped from taking any action that would revoke or otherwise cause a revocation of the License. Any attempt by the Tribe and/or its successors and assigns to revoke the License shall be void and without any force or effect and shall entitle the District to the recovery of monetary damages therefor and any and all equitable relief deemed necessary to preserve and protect the District's interests herein, including but not limited to the judicial and/or administrative creation of an easement, equitable servitude, and/or covenant running with the land on, under, arid/or across the Property. At any 2 time after the completion of Phase 2 of the pipeline, upon request of the Tribe, District shall provide to Tribe written confn-mation that the License to use the Temporary Pipeline License Area has terminated and expired pursuant to the terms of this Agreement. 3. Reserved Rtghts. Tribe's use of the Property, and its grant of any other interest to third parties across, on, or under the Property, shall not hinder, confllet, or interfere with the exercise of the District's rights hereunder, nor shall Grantor engage in any excavation or erect any building, structure, or other obstruction on~ under, along, above, or across the Pipeline License Area without the District's written consent, which shall not be unreasonably delayed or withheld 4. Construction of Improvements. At its sole cost, Tribe shall make all of the improvements to the Pipeline Area shown on the list of improvements attached hereto as Exhibit D, which are needed for the District's exercise of the License. 5. Insurance. The District shall procure and maintain in full force and effect public liability and property damage insurance for all of its activities on, under or in the Pipeline Area and all of its improvements constructed thereon. 6. Maintenance. The maintenance and upkeep of the pipeline in the Pipeline License Area shall be performed and paid for by the District. Promptly after performing any excavation, inspection, or other work on District's fac/l/ties or equipment located in or on the Pipeline License Area, the District shall restore the surface of the Pipeline License Area to the same condition as existed prior to the District's work, as is reasonably practicable, including, without limitation, cleaning up all equipment and removing all supplies not in llse. 7. Entire Agreement. This Agreement contains f_he entire understanding of the parties hereto with respect to the matters expressly agreed to herein. Any prior oral and written representations or modifications concerning this instrument shall be cf no fbrce and effect and are entirely superseded hereby. No written or oral amendment hereto shall bind the parties, excepting a subsequent modification in writing signed by all parties. 8. Attorneys' Fees. In the event any party shall bring legal action to enibrce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys' fees and costs as part of its judgment. 9. Binding Effect. This instrument shall bind and inure to the benefit of the respective heirs, personal :representatives, successors and assigns of the parties. 3 10. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift, transfer or dedication of any right to use any portion of the Pipeline Area or of Tribe's property to the general public, other than to the extent the general public may have a claim through its interest in, through and under the District, its successors and assigns, it being the intention of the parties that this Agreement shall be strictly limited to and for the purposes herein expressed. 11. Breach Shall Not Permit Termination. It is expressly agreed that no breach of this Agreement shall entitle either party to cancel, rescind or otherwise to terminate this Agreement, or the License, but such limitation shall not affect in any manner, any other rights or remedies which such party may hmre hereunder by reason of any breach of this Agreement. 12. Approval and Recordation. This Agreement shall be effective upon execution and delivery by the Tribe and the District regardless of whether it is ever recorded. The Tribe shall exercise all commercially reasonable efforts to obtain written approval of this Agreement by the Bureau of Indian Affairs of the United States of America (the "Bureau"), which is the holder of fee title to, but is not beneficial owner of, the Property. The parties hereto shall exercise all commercially reasonable efforts to cause this Agreement to be recorded in the Official Records of the Office of the Recorder of the County of San Bernardino, State of California (the "Recorder"). Each party hereto shall indemnify, defend, and hold the other party -"md/ts officers, directors, agents, and employees hsumless from any and all claims, losses, damages, and liabilities arising out of the acts or omissions of said indemnifying party in cormectlon with its use of the Property. Notwithstanding the above, should the Agreement fail to be recorded with the Recorder, or the Bureau fail to furnish written approval thereof, the Tribe shall....~.....-j;~,~,';¢-,, defend, and hold the District and its officers, directors, agents, and employees harmless from any and all claims, losses, damages, and liabilities arising out of this Agreement, including but not limited to the failure of this Agreement to be approved by the Bureau and/or recorded by the Recorder. 13. Validity and Severance. If any clause, sgntence or other portion of this Agreement shall become illegal, null o:r void for any reason, or shall be held by any state or federal court of competent jurisdiction to be so, the remaining portion hereof shall remain in full force and effect. 14. Notices. Notices and demands required or permitted to be given. hereunder shall be given by registered or certified mail and shall be addressed as follows: [signatures continued on next page] 4 If to Tribe: San Manuel Band of Serrano Mission Indians 26524 Indian Service Road Highland, CA 92346 Attn: Gil Oviedo Director of Project Development Fax Number: (909) 864-3370 If to District: East Valley Water District P.O. Box 3427 1155 Del Rosa Avenue San Bernardino, CA 92413 Attn: General Manager Fax Number: (909) 889-5732 or at such other address as any party shall designate by written notice to the other. Notices and demands shall be deemed to have been given seventy-two (72) hours after depositing same into the United States Mail, postage prepaid. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day' and year first above written. "Tribe": SAN MANUEL BAND OF SERRANO MISSION INDIANS Its: Tribal Chairman "District": EAST VALLEY WATER DISTRICT, a public agency Its: Board ?residene 5 Attachments Exhibit A Legal Description of Tribe's Property ]~xhibit B-1 Water Improvement Plan Phase 1 Exhibit B-2 Water Improvement Plan Phase o. Exhibit C-1 Legal Description and Map, Phase 1 Exhibit C-2 Legal Description and Map, Phase 2 Exhibit C-3 Legal Description and Map~ Temporary Pipeline License Area Exhibit D List of Improvements [A cknow~edgraents fo I~ow on next page.J 6 Ac~nowled§ements STATE OF CALIFORNIA ) ) COUNTY OF SAN BERNARDINO ) On~i~ ~,_{/, 2002 before me, &~DLx-,/ ~]-. T~]/z.) , a Notary Public fi~ and for said County and / State, personally appeared g r/P~ /~/{ ~..~'~/yt 7 . . personally known to me (or proved to me on the ha.sis of satisfac~ry evidence) to the be person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by h/s/her/their signature(s) on the Instrument, the person(s), or the entity on behalf of which the person(s) acted, executed the Instrument. [Signature] ~- (J [This area for official notarial seal) STATE OF CALIFORNIA ) ) COUNTY OF SAN BERNARDINO ) On~ iA, 2002 before me, ~[].~ ~u, ~ °bOq I\~.~ , a Notary Public in and for said County and State, personally appeared !-'~a~-~ I). (-c~0~', ~d , personally known to me (or proved to me on the basis of satisfactory evidence) to the be person(.~).whose name(~,)/~are subscribed to the within Instrument and acknowledged to me that(~she/they executed the same ~her/their authorized capacity~, and that by (~/her/their signature~ the Instrument, the person(~)~or the entity on 'b'~Sal~Yof which the person(~fcted, executed the Instrument. WITNESS my hand and official seal; - --- [ My Commission Expires March 26, [Signatu~'e] ~, O' (This area for official notarial seal) 7 EXHIBIT "A" LEGAL DESCRIPTION OF TRIBE'S PROPERTY SAN MANUEL RESERVATION - ATTACHMENT NO. 1 TITLE DOCUMENTS: (1) Trust Patent issued August 31, 1893, to San Manuel Band for lands described as: All of Section 20, T. 1 N., R. 3 W., SBBM, California, containing 640 acres. (2) Grant Deed executed March 14, 1907, by McClallan and Lillian Yorke to the United States for lands described, as: Beginning at the northwest corner of Section 29, T. 1 N., R. 3 W., S.B.B.M., proceed south along the section line between Sections 29 and 30 a distance of 725 feet; thence east 41~-!.5 feet, thence northwesterly 752.2 feet to the north line of said Section 29; thence west along said section line 212 feet to point of beginning, containing 5.13 acres. (3) Grant Deed executed April 3, 1908, by R. L. and Laura E. Rutherford to the United States for lands described as: Beginning at a point 212 feet east of the northwest comer of Section 29, T. 1 N., R. 3 W., SBBM, on the line between sections 20 and 29; proceed S.28°46'E. 131.5 feet; thence S.87°32'E. 580.0 feet; thence S.12°18'E. 150.0 feet; thence S.63°49'E. 232.0 feet; thence N.66°05'E. 240.0 feet; thence N.I°05'E. 525.0 feet to the north line of said Section 29; thence west along said section line to point of beginning, containing 7.5 acres. : (4) Quitclaim Deed executed February 4, 1941, by William E. and Edna May Bromilow to the United States for lands described as: Beginning at a point 174.55 feet south and 259.63 east of the comer of Sections 19, 20, 29 and 30, T. 1 N., R. 3 W., SBBM, proceed N.89°17'E. 170.01 feet, thence S.74°17'38"E., 265.59 feet; thence S.45°32'38"E. 198.70 feet; thence S.33°47'22'W. 10.35 feet; thence S.47°42'38'E. 219.20 feet; thence N.78°23'22"E. 241.70 feet; thence N. 14°27'22"E. 507.01 feet; thence N. 89°58'35"W. 1,134.68 feet to a point on the north line of said Section 29; thence S. 15°06'38"E. 181.33 feet to point of beginning, containing 8.197 acres. (THIS IS A QUITCLAIM TO ALL OF THE LkNDS DESCRIBED IN ITEM (3) ABOVE, PLUS AN ADDITIONAL 0.522 ACRE.) (5) Quitclaim Deed executed February 5, 1941, by Joseph E. and Lew · E. Trueler to the United States for the sa_me lands described in Item (4) above. EXHIBIT "A' (6) Grant Deed executed February 4, 1985 by Thomas J. Miller to the United States of America in trust for San Manuel Band of Mission Indians for lands described as: The east 1/~ of Lot 6, Block 16, West Highland, as per plat recorded in Book 5 of Maps, Page 77, records of said County. Excepting therefrom that portion conveyed to the San Bernardino Valley Municipal Water District by Deed recorded November 12, 1974 in Book 8555, Page 260, Official Records, described as follows: Commencing at a 2" Iron Pipe tagged R. E. 9876 at the northwest corner of Tract No. 6513, as per plat recorded in Book 84 of Maps, Pages 35 and 36, records of said County; thence north 89°37'35'' east, 429.98 feet along the north line of said Tract No. 6513 to a 2" Iron Pipe tagged R. E. 9876 at the northeast corner of said tract; thence south 0°29'55'' east 30.98 feet to point "A"; thence south 56047'25" east, 409.97 feet to the beginning of a tangent curve, concave southwesterly, and having a radius of 1000.00 feet; thence southeasterly 327.95 feet along the arc of said curve through a central angle of 18°47'25"; thence tangent to said curve south 38°00'00'' east, 39.19 feet to Point "B"; thence continuing south 38°00'00'' east, 44.55 feet to Point "C"; thence continuing south 38°00'00'' east 564.76 feet to Point "D"; thence continuing south 38°00'00'' east 104.22 feet to Point "E"; thence continuing south 38°00'00'' east 14.4.20 feet to Point "F"; thence continuing south 38°00'00" east, 20.47 feet to the true point of beginning; thence south 52°00'00'' west, 15.99 feet to the west line of said Smiderle et ux., land; thence south 0°00'07'' east 95.18 feet along said west line; thence north 52°00'00" east, 84.59 feet; thence north 38~'00'00'' west, 75.00 feet; thence south 52°00'00'' west, 10.00 feet to the true point of beginning, containing 4.78 acres. (7) Quitclaim Deed executed Februa~sr 11, 1994 by Norma Manzano, Tribal Chairperson to The United States of America, in trust for the San Manuel Band of Mission Indians for lands described as: PARCEL NO. 1: Parcels 1 through 19, inclusive and Lots A through G, inclusive, and Lot I and J of Parcel Map No. 11819, in the City of San Bernardino, County of San Bernardino, State of California, as per Plat recorded in Book 130 of Parcel Maps, Pages 100 through 107, inclusive of Parcel Maps, records of said County and amended by Plat recorded in Book 150 of Parcel Maps, Pages 58 through 65, inclusive, records of said County. EXCEPT all mineral deposits as defined in Section 6407 of the Public Resources Code below a depth of 500 feet, without surface rights of entry, as reserved by the State of California, in deed recorded May 28, 1985, Instrument No. 85-126147, Official records. EXCEFFING therefrom that portion conveyed to Jack Widmeyer, Trustee of the Jack R. Widmeyer separate property revocable trust, established December 7, 1991, by deed recorded March 31, 1993, Instrument No. 93-040057, Official records, described as follows: All that portion of Parcels 15, 18 and Lot "E" of amending Map of Parcel Map No. 11819, in the County of San Bernardino, EXHIBIT "A" State of C~llfomia, as per Plat recorded in Book 150 of Parcel Maps, Pages 58 to 65, inclusive, records of said County, described as follows: Beginning at a point on the east line of said Parcel Map No. 11819, said point being North 00 Deg. 37' 24" East, 220.00 feet from the southeast corner of said Parcel Map No. 11819; thence North 07 Deg. 05' 26" West, 700.31 feet; thence North 07 Deg. 04' 22" East, 231.46 feet; thence North 30 Deg. 09' 44" East, 137.93 feet to a point on the east line of said Parcel Map, said point being North 00 Deg. 37' 24" East, 1043.97 feet from the point of beginning; thence South 00 Deg. 37' 24" We,st, 1043.97 feet to the point of beginning. PARCEL NO. 2: Lot B, Tract No. 12949, in the City of San Bernardino, County of San Bernardino, State of California, as per Plat recorded in Book 189 of Maps, Pages 94 through 97, inclusive, records of said County. EXCEPTING therefrom Lot B of Parcel Map. No. 11819, as per Map recorded in Book 130, Pages 100 through 107, inclusive of Parcel Maps, records of said County. EXCEPT ail mineral deposits as defined in Section 6407 of the Public Resources Code below a depth of 500 feet, without surface rights of entry, as reserved by the State of California, in deed recorded May 28, 1985, Instrument No. 85-126147, Official records. PARCEL NO. 3: Parcel 1 of Parcel Map No. 14006, in the City of San Bernardino, County of San Bernardino, State of California, as per Plat recorded in Book 164 of Parcel Maps, Pages 76 and 77, records of said County. PARCEL NO. 4: An easement for ingress and egress, described as follows: That portion of the Northeast ~/~ of the Northwest ¥~ of Section 29, Township 1 North, Range 3 We.st, San Bernardino Base and Meridian, described as follows: Beginning at the Southeast corner of said Northeast ¥4 of the Northwest ~/~ of Section 29; thence along the east line of said Northeast !~ of the Northwest ~/~ of Section 29, North 00 Deg. 44'30" East, a distance of 118.23 feet; thence southerly along the arc of a curve southeasterly, having a radius of 225.00 feet concave through a central angle of' 23 Deg. 23'05", a distance of 91.83 feet; thence tangent to said curve South 00 Deg. 06'40" West, a distance of 28.75 feet to a point on the south line of the Northeast ~/~ of the Northwest ~/~ of Section 29; thence along the south line of said Northeast ~A of the Northwest ~/~ of Section 29, South 89 Deg. 18'28" East, a d/stance of 17.18 feet to the Point of Be~:inning. Containing 40.95 Acres. EXHIBIT "A" ADDITIONS TO RESERVATION: Authority: Grant Deed (Seller: McClellan and Lillian Yorke) Date: March 14, 1907. Acreage: 5.13 Description: (See Item (2) of Attachment No. 1.) Authority: Grant Deed (Seller: R. L. and Laura B. Rutherford) Date: April 3, 1908. Acreage: 7.5 Description: (See Item (3) of Attachment No. 1) Authority: Quitclaim Deeds (Executed by William E. and Edna May Bromilow, and Joseph E. and Lew E. Trueler.) Date: February 4 and 5, 1941. Acreage: 0.522 Description: (See Item {4) and (5) of Attachment No. 1) Authority: Grant Deed (Grantor: Thomas J. Miller) Date: February 4, 1985 Acreage: 4.78 Description: (See Item (6) of Attachment No. 1) Authority: Quitclaim Deed (Grantor: San Manuel Band of Mission Indians) Date: February 11, 1994 Acreage: 40.95 Description: (See Item (7) of Attachment No. 1) EXHIBIT "A" EX. EVWg 12" WATERUNE TO BE ABANDONED EXHIBrr B-1 ~.O~OSEO P.~ 1 WATER IMPROVEMENT PLAk WATERLINE PHASE 1 2'79 LF 12" ~P ,, / WA?ERUNE ~o ~ .^a~o.~-D ~HIBrl' B-2 ...... w^~E.u.E WATER IMPROVEMENT PLA~ PHASE 1 PI-~$E 2 PROPOSED WATERUNE PHASE 2 'EXHIBIT "C-l" LEGAL DESCRIPTION A 30 FOOT WIDE EASEIV[ENT FOR WATERLINE PURPOSES OVER A PORTION OF THE EAST ONE-HALF OF LOT 6, BLOCK 16 OF. TI-{E MAP OF WEST HIGHLANDS, hN THE Cf'fY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT FI[.ED IN BOOK 5, PAGE 77 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE NORTHEASTERLY LINE .OF SAID EASE1V[ENT BEING PARALLEL WITH AND DISTANT 55.00 FEET NORTH]EASTERLY FROM THE CENTERLINE OF THAT CERTAIN 50.00 FOOT WIDE WATERLINE EASENtENT GRANTED 'FO SAN BERNARDI/N-O VALLEY MUNICIPAL WATER DISTRICT IN BOOK 8265, PAGE [20 OF OFFICIAL RECORDS OF SAID COUNTY. TIq]E SIDELINES OF SAID EASEMENT ARE TO BE SHORTENED OR LENGTHENED TO TERMINATE NORTHWESTERLY AT THE WESTERLY LINE TI-DE EAST ONE-HALF OF SAID LOT 6 AND SOUTHEASTERLY AT TI-{E EASTERLY LINE OF SAID LOT 6. CONTAINING: t 1,563 SQUARE FEET MORE OR LESS .. Pt~EPARED BY IvtE OR UNDER MY SUPERVISION: EXPIRES 12/3 i/01 ~. I Z'-~ ~ -ox ~ No. 4955 Page 1 ot 2 RE,/ISED 12/t 3/01 p:E:URVEYV~NNA\HIGHLAND~ENCU MBRANCESAOWG\E_WATEMST.OOC fi m. ssmT.T, sow,~.vasn~EXHIBIT "C- 1" ~sr~,~w \ 4o2.? ___ ,4.t.75" 198,~' 257.57' ~ ',, ANNAM. 81 41~5 :~ ~ Exp.~ ~'" No. 4955 7.5~ R=8~.~' . '-~ ~9,17 ~ 2~.17' H~EON ~E ~ U~N ~ REPRO DATA P~ R.S. 76/32. N~g54'~W (~m~o~ S~ M~UEL IND~ RESERVATION ~ ~g~ FOR WA~T.~ P~POSES ~ ~0~ m~ ~0 TO ~ V~ WA~ DI~iCT ~) ~ ~P.N, 285-153-16 'EXHIBIT "C-2" LEGAL DESCRIPTION A 130 FOOT WIDE EASEMENT FOR WATERLhNE PURPOSES OVER A PORT[ON OF LOT 6, BLOCK 16 OF THE MAP OF WEST HIGHLANDS, IN THE CITY OF SAN BERNARDINO, CC)UNTY OF SAN BERNARDINO. STATE OF CALIFORNIA, AS PER PLAT FTLED IN BOOK 5, PAGE 77 OF MAPS, IN TRE OFFICE OF THE COUNTY RECORDER OF SAD COUNTY. TI'~ NORTHEASTERLY LINE OF SAD EASEMENT BEING PARALLEL WITH AND DISTANT 55.00 FEET NORTHEASTERLY FROM THE CENTERLD~E OF THAT CERTAIN 50.00 FOOT WIDE WATERLINE EASEMENT GRANTED TO SAN BERNARDiNO VALLEY MUNICIPAL WATER DISTRICT IN BOOK 8265, PAGE 120 OF OFFICIAL RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE EAST ONE-HALF OF SAID LOT 6. THE SIDELINES OF SAiD EASEIVtENT ARE TO BE SHORTENED OR LENGTHENED TO TERMINATE NORTHWESTERLY AT THE NORTHERLY LINE OF SAID LOT 6, AND SOUTHEASTERLY AT THE WESTERLY LExrE OF THE EAST ONE-HALF OF SAID LOT 6. COhrTAINING: 1,957 SQUARE FEET MORE OR LESS PREPARED BY ME OR UNDER MY SUPERVISION: ANNA M. BEAL. P.L.S. 4955 DATF. ( Ex4:).~Z .g i ,k ) EXPIRES 12/31/01 Page I Gl 2 REVISED 12/13/01 p:S~JRV~NA\HIGHLAND\ENCUMBRANCE~DWG\W_WATEMST DOC M_&R$I-T.~T.T, BOULEVARD~ EXHIBIT · N89'~'50'W ~,. 401.34' 4.1.75",. t 92.00 ~ '279.0~ ' 198M' ~M.$7' Exp.~Z ~ -o~ ] [ ~15' % [ ~4'~ *' ~ R~.~' ~ ~ ~ L~87.16' I 5~1'=1~ B~ING ~O Ol~ SHC~ ~9.1r 2~.17 H~EON ~E ~ U~N ~ ' h 572.~' ~ RECORO ~TA P~ IS. 76/~;2. ~5.~' ~ _ ~1 ___ 37~.~' ___ _ L~OOD~ ~' 619.~' ~ SH~ 2 0F 2 (~oa~v~~ S~ ~UgL IND~ RESERVATION ~ D~m8EO~ W 1/2 LOT 6, BLOCK [6 T0 ~ V~ WA~ 01~ ~R WAYNE PU~. ~ OF ~ST 'EXHIBIT "C-3" LEGAL DESCRIPTION A 30,00 FOOT WIDE EASEMENT FOR WATERLINE PURPOSES OVER A PORTION OF THE EAST ONE-HALF OF LOT 6, BLOCK 16 OF THE MAP OF WEST I'~GHLANDS, IN THE 'COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT FILED IN BOOK 5. pAGE 77 OF MAPS, IN THE OFFICE OF TI-[E COUNTY RECORDER OF SAID COUNTY, TI-[E CENTERLINE OF WI~CH IS DESCRIED AS FOLLOWS: COMMENCI'NG AT THE NORTHEAST CORNER OF THE LOT 6 OF SAID BLOCK 16; THENCE ALONG THE NORTHERLY LINE OF SAID LOT SOUTH 89046'50'' WEST t87.50 FEET TO THE TRUE POINT OF COMqVIENCEMENT: 'THENCE LEAVING SAID NORTHERLY LINE SOUTH 0°33'06'' WEST 91.30 FEET MORE OR LESS TO 1TS INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND DISTANT 55.00 FEET NORTHEASTERLY FROM THE CENTERLI/NrE OF THAT CERTAIN 50.00 FOOT WIDE WATERLINE EASEMENT GRANTED TO SAN BERNARD[NO VALLEY MUNICIPAL WATER DISTRICT IN BOOK 8265, PAGE 120 OF oFFICIAL RECORDS OF SAID COUNTY. THE SIDELINES ARE TO BE SHORTENED OR LENGTHENED. TO TERMINATE" NORTHERLY AT THE NORTI{ERLY LINE OF SAID LOT 6, AND SOLrrI-IERLY AT A LINE THAT IS PARALLEL AND DISTANT 55.00 NORTHEASTERLY FROM ~ CENTERLINE OF THAT CERTAIN 50.00 FOOT WIDE WATERLINE EASEMENT GRANTED TO SAN BERNARD[NO VALLEY MUNICIPAL WATER DISTRICT tN BOOK 8265, PAGE 120 OF OFFICIAL RECORDS OF SAID COUNTY. CONTAINING: 1,826 SQUARE FEET MORE OR LESS PREPARED BY ME OR UNDER MY SUPERVISION: ANNA M. BEAL, P.L.S. 4955 DATE {- ! EXP]2~ES l~31/0t ~, ~xp. Page 1 of 2 REVISED 12/13,131 p:s U R',/Ey~a,N NA~HIGHLAND',ENCUMB RANCES\OWG\TEM PWATEMSTDOC ~ ~,u,~s~u. Bou~zv~n-.~ EXHIBIT "C- 3" H89'46'5~'W '~ ~1,~' , ~1.75'~ ' ~9Zffi ~ 279.02 t98.~' Pffi~S~. 30' ~. ~ TO~V~ ~ / ~ ~ R=8~.~' ~ L=87.16' :~- ~ ~ ~ ~ ~ ~1'-1~ H~ ~E ~ U~ 3~.~' ; 274.~' NS~'~'SFW ~- 619.82' SH~ 2 O~ 2 ~ % L~O0~ (~ ~ S~ ~UEL IND~ RESERVATION ~ ~O~Y ~as~ FOR WA~E~ P~OSES ~ O~0~OD~ E ~/2 ~T 8, BLOCK t6 T0 ~ v~ WA~ ~ 2~ ~r ~ ~ F~ WAYNE PU~ ~ OF ~ ~G~S S~TA ~ C~ g27~ ~ 1,826 ~. ~. ~ A.P.N. 285-153-16 EXI41~IT "D" LIST OF IMPROVEMENTS PROJECT DESCRIPTION The proposed project will comprise of two phases construction, as follows: Phase 1: Construction of approximately 512 linear feet of 16 inch diameter ductile iron pipe (DIP) waterline and appurtenances, connecting the existing 12- inch waterline in Marshall Boulevard, east of Sa:nd Creek Channel, to the existing 12-1rich waterline in Victoria Avenue north of Piedmont. From the 12-inch waterline in Marshall Boulevard, the proposed 16-inch DIP will extend south for approximately 150 feet, in a 20-foot wide easement, thence, turn and extend in a southeast direction in a 30-foot wide easement to Join the existing 12-inch waterline in Victoria Avenue. After completion and acceptance of the 16-inch DIP, approximately 212 linear feet of the existing 12-inch water in Marshall Boulevard between the 16-inch DIP and Victoria Avenue, w/Il be abandoned. Phase 2: Construction of approximately 165 linear feet of 16-inch DIP and appurtenances in Marshall Boulevard, and ab;mdonment of approximately 150 linear feet of 12-inch waterline in order to provide clearance for the construction of a new concrete lined channel (realignment of Sand Creek Channel). Then after cornpletion of the new channel construction, construction of approximately 185 linear feet of 16-inch DIP and appurtenances in the proposed 30-foot easement across the existing Sand Creek Channel, and the abandonment of approximately 128 feet of 12-inch waterline at the dip crossing under the existing Sand Creek channel. EXI411~IT "D" RESOLUTION 2002.24 A Resolution Of The Board Of Directors. Of The East Valley Water District Accepting Pipeline License Agreement from San Manuel Band of Serrano Mission Indians as described in Exhibit "A" a. nd listed in Pipeline License Agreement to obtain .water and sewer services from District for certain. improve.ments on property located In The City Of San Bernardino, Co.unty Of San ' Bemardmo, State Of California. .' ~;~.; ' BE IT HEREBY RESOLVED AND ORDERED that the Pipeline License Agreement dated May 21, 2002, a.n.d s. lgned .by Deron Marquez, Tribal Chairman ' for San Manuel Band of Serrano Mlsslon lnd?s as gran.tor(s) grants to the East Valley Water District, its successors and assigns a Pip?ne. Licen,s.e. Agreement, over, under, through and across the real property deschbed m Exhibit "A" be and the same is hereby accepted for and on behalf df.said Water Company. ' BE IT FURTHER RESOLVEDi that a copy of this resolution be attached to said Pipeline License Agreement, and that. the same be recorded in the Office of the County Recorder, County of San Bemardino, 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 .duly made, seconded and carried on June 11, 2002. Ayes: Directors: Goodin, Light:foot, Negrete, St:urgeon, Wilson Noes: None Absent: None EAST VALLEY WATER DISTRICT Donald D. Goodin~ Board Presiden~ ATTEST: R~~=. ' ' o ert E art~n,'Board Secretary Job No, W2197 Jw 6/5~32 I~ Robert Martin, d'o Ja~reby certify that thi'~. a ~y of the reoord~ ROBERT MARTIN, Secretary To the Board East Valley Water District