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HomeMy WebLinkAboutRes -1569 - Conveyance of Pipeline Easement Fiscalini, Korbar, Graf, & KovacsRESOLUTION NO. 1569 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST SAN BERNARDINO COUNTY WATER DISTRICT ACCEPTING CONDITIONAL. CONVEYANCE OF PIPELINE EASEMENT BE IT HEREBY PESOLVED AND ORDERED that the hereto attached Conditional Conveyance of Pipeline Easement granted by F.G.K ENTERPRISES, a general partnership composed of JAMES FISCALINI, HARRY KORBAR, WERNER GRAF AND EMMA KOVACS, as co-partners, as GRANTOR, grants to the East San Bernardino County Water District, its successors and assigns, the right to construct, use, maintain, alter, add to, repair, replace, and/or remove pipeline or pipe- lines together with all necessary appurtenances, across the real property described therein, be and the same is, hereby accepted for and on behalf of said Water District. BE IT FURTHER RESOLVED, that a copy of this resolution be attached to said Conveyance of Pipeline Easement (Conditional) and that 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 Regular Meeting of the Board of Directors of the East San Bernardino County Water 'District on August 14, 1972, upon motion duly made, seconded and carried unanimously. Raymond E. Stallwood, President Board of Directors t ~~}} ~// Attest. [,vi't ! i cam'; David V. Garcia, Acting Secretary Board of Directors seal * ~ ~ STATE OF CALIFORNIA ) County of San Bernardino ) I, David V. Garcia, Acting Secretary of the Board of Directors of the East San Bernardino County Water District, hereby certify the foregoing is a true and correct copy of a resolution adopted at a meeting of the Board of Directors of said District and made a part of the Minutes thereof on(((~//A''''''~~ugust 14, 1972. Da~i~//d///VV', vGarcia, Acting Secretary Board of Directors seal 200-206 a CONVEYANCE OF PIPELINE EASEMENT (CONDITIONAL) F. G. K. ENTERPRISES, a general partnership, composed of JAMES li:[SCALINI, HARRY KORBAR, WERNER GRAF and EMMA KOVACS, co- I>artners, as GRANTOR, for valuable consideration, receipt of which is hereby eu:knowledged, does hereby grant, bargain, sell and convey. to the EAST SAN BERNARDINO COUNTY WATER DISTRICT, a County Water District, its suc- c;e~ssors and assigns, as GRANTEE, an easement for the right to construct, use, maintain, alter, add to, repair; replace and/or remove pipeline or pipelines together with all necessary appurtenances over, under, through and across the real property located in the County of San Bernardino, State of California, more particularly described as follows: That portion of the Southwest one-quarter of the Northwest one- qquarter of Section 33, Township 1 North; Range 3 West, SAN BERNAR.DINO BASE AND MERIDIAN according to official plat of said land approved by the Surveyor General, datfsd August 30, 1878, being more particularly described as follows: COMMENCING at the Southwest corner of said Southwest one- quarter said point also being the intersection of the centerlines of Palm Avenue and Pacific Street; thence North 00° O1' 27" West along the centerline of said Palm Avenue (60.00 feet wide) said centerline also being the West line of said Southwest one - quarter 130. 85 feet; thence South 76° 46' 20" East 30. 87 feet to . the TRUE POINT OF BEGINNING said point also :being the inter- section of the Easterly right-of-way line of said Palm Avenue and the Northerly right-of-way line of the Atchison,'Copeka and Santa Fe Railroad Company; thence South 76° 46' 20" East along said Northerly line 385. 52 feet; thence leaving said Northerly line North 15 06' 33" East 9. 67 feet; thence North 74° 53' 26" West 391.35 feet to a point on the Easterly right-of-way line of said Palm Avenue; thence South 00° Ol' 27" East along said Easterly line 23. 13 feet to the TRUE POINT OF BEGINNING. This easement is conditioned upon the following: That if Grantor should acquire the real property bounded by the Southerly line of said easement, which said line is the Northerly boundary of the right of vvay line of the Atchison, Topeka and Santa Fe Railway Company, and bounded by the Northerly right of way line of Pacific Street beginning at the East~:rly right of way line of Palm Avenue, which said real property is presently owned ane1 is a part or portion of the right of way of the said Atchison, Topeka and Santa re Rail- way Company, which said parcel of real property is delineated on "Exhibit A", which is attached hereto and made a part hereof by reference, and should said -1.- lUU`~ OWNERS ANNEXATION WAIVER GRANTED FINAL 1. Having given due consideration to the matters material thereto and after full investigation and examination, this Board hereby determines and finds that annexation of the territory, the exterior boundaries of which are described in Exhibit A-1 hereto attached, will be for the interest of landowners or present or future inhabitants within the District and within the territory to be annexed to the District, and it is hereby further determined and found that all the lands proposed to be annexed wi]_1 be benefited by becoming apart of the District. 2. Having given due consideration to the Commission's Resolution Making Determinations and to all other matters relevant and material to said annexation, this Board hereby orders the territory described in said Exhibit A-1 and designated, "East San Bernardino County Water District Annexation No. 1972-2 , LAFC No. 1126 ,~~ annexed to the East San Bernardino County Water District without notice, hearing or election upon the question of said annexation. 3. Said annexation is subject to the terms and conditions as set forth in Exhibit B attached hereto. 4. The District Secretary is hereby directed to prepare and execute a Certificate of Completion of said annexation pursuant to Chapter 8, Part 5, Division 1, Title 6 of the Government Code (commencing with Section 56450) and file said certificate with the Secretary of State. Upon receipt of the Secretary of State's Certificate of Filing, the District Secretary shall record a counterpart original. of said Certificate of Completion, together with the original or counterpart original of said Certificate of Filing, in the office of the County Recorder of San Bernardino County, being the County in which all of the territory of the District is located. The District Secretary is further directed to file with the County Assessor of the County of San Bernardino and with the State Board of Equalization, a certified copy of this resolution together with a map or plat indicating the boundaries of said annexation, pursuant to Chapter 8 (commencing at Section 54900) of Part 1, Division 2, Title 5 of the Government Code. 5. The effective date of said annexation shall be the date of recordation with the County Recorder, except that for the purpose of said filings with the County Assessor and State Board of Equalization, the amiexation shall be deemed effective from the date of filing the Certificate of Completion with the Secretary of State. I hereby certify that the foregoing resolution was passed and adopted by the Board of Directors of the East San Bernardino County Water District at a meeting thereof duly held on T,y~ 7n_ }9.~2 , by the following vote: Ayes, Directors: Disch, Forrest,. Littleton, Stallw and Wa11'' Noes, Directors: None Absent Directors: None ~~ ~~ ~'~~ Harold G. Rickert, Secretary Board of Directors APPROVED: ,~;~ ~ SEAL President'', Board of /Directors R. E. Stallwood Pg 2 of 2 V Grantor, in the development of said property choose to place a residential or commercial structure over and upon the within easement, the Grantee, East San Bernardino County Water District, shall be required and so agrees, at the sole expense of said District, to make all necessary relocations of lines within said easement to permit such development by Grantor and to continue the then existing services furnished by said District through the lines then existing in said easement. IN WITNESS WHEREOF, the Grantor has executed this agreement the -~ / day of 7- y c ~j 1972. Approved: C::~, :ihirley M, iscalini :ipouse of James Fiscalini __ ~~>; ' e Korbar Spouse of Harry Korbar i~~ P/Iar`gafi'te Graf ~ ~ Spouse of Werner Graf Si EPifEN ' ~CC~Nf,f Spouse of Emma Kovacs F. G. K. ENTERPRISES, a general partnership /~ -- ,, j James Fiscalini -_parQtner Harr orbar - artner Y p /j Werner Graf -par 'er , Emma Kovacs -partner STATE OF CALIFORNIA C:OIJNI'Y OF SAN BERNARDINO ) ss. On July ~~ , 1972, before me, the undersigned, a Notary Public in and for said County and State, personally appeared JAMES FISCALINI, HARRY KORBAR, VVERNER GRAF and EMMA KOVACS, known to me to be all of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. MTV OF'i'ICIAL SGAL C- ~'[ C,~/L.. .~~ ~~~(-~. >. w~jy~,~ ~L7:T11 L. FlISH Notary Public in and for said County & State '"; k~~ NG. " ' ^HBLIC CAI IfUFNU 0 Y'~' .Cli'M. Off/CC IN . +' le iv~•¢.LL.+ CUUNtY ----My Conl;~rv..,.,," M^s,l:ay 2. 7975.. -2 - ~_ _ ., f . _ I / r••~^`~w~^~' }^ 1~ .( ~} p }~ ~~ ~( ,n (~ p (~ ~yC+I V ILL ENGINEERING .r f ~'rwr..l A ~.{ ~ W 4i .\ ~I! 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