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HomeMy WebLinkAbout1972-WSA-SBVMWDYOUWC©%Y' �- RECEIVED ISIZ OC1 20 Ah I I (AGREEMENT J� U� la�� tl.�• , This agreement is made and entered into the date appearing at the end hereof, by and between the San Bernardino Valley Municipal Water District, a municipal water district organized and existing under the Municipal Water District Law of 1911, as amended (Water Code §§71000et seq),•hereinafter referred to as "Water District," and the San Bernardino County Flood Control District, a body corporate and politic of the State of California, hereinafter referred to as "Flood Control District". The Water District is currently engaged in construction of a distribution line for the distribution of water to be received by the Water District from the State Water Project pursuant to Water District's contract with the State of California Department of Water Resources. The Water District's plans provide for the construction of a pipeline and related facilities for transmission of such water from the District's turnout at the State Devil Canyon Power Plant Afterbay to the Flood Control District's Waterman Canyon spreading grounds for the first stage of construction and at a later date, to extend such transmission facilities in a southeasterly direction. The said first stage plans contemplate the utilization of certain lands held by the Flood Control District, either in fee or pursuant to flood control easements, by the construction of said transmission pipeline and related facilities and the use of a portion of said lands for the spreading of imported waters for purposes of ground water recharge. 1. SHV4*0 LEGAL UOLOMEn,t 00308 SBVMWD INCOMING CORRESPONDENCE 05256 A723/07002 The use of such lands is necessary to completion of the Water District's' project and will be of benefit to the Flood Control District inasmuch as the latter is also empowered to effect water conservation and to import and percolate water for -the benefit of the citizens of San Bernardino County. It is contemplated by the parties that subsequent stages of construction of the Water District's transmission pipeline and related facilities will occupy and utilize additional lands held by the Flood Control District. It is also contemplated that the parties will develop joint plans with respect to the use of spreading grounds in connection with the delivery of State water for ground water replenishment purposes in the future. NOW, THEREFORE, IT IS AGREED as follows: 1. Grant of Easement. Flood Control District hereby grants to Water District easements for water transmission and related facilities in the form of Exhibit "A" over the lands described in said exhibit, which lands are owned in fee by Flood Control District and are depicted on plats 1-4.1, 1-4.2, 1-4.3, and 1-4.4. Said Exhibit and plats are attached hereto and are hereby made part hereof. 2. Common Use Agreement For Flood Control District Easement Lands. Flood Control District hereby agrees to enter into a common use agreement with Water District in the form of Exhibit "B". 3. Water Spreading Operations. Flood Control District hereby agrees to spread water on behalf of Water District at Water District's cost and in accordance with terms and conditions to be hereafter determined by agreement between the parties hereto. Said terms and conditions shall include provisions for (1) adoption by Water District, 2. subject to Flood Control District approval, of a schedule for water deliveries by the Water District to the Flood Control District and (2) schedule of charges for spreading operations to be incurred by the Flood Control District and payable by the Water District. 4. Review of plans. Prior to undertaking any construction or other work within the lands described in Exhibits "A".. "B", and "C", Water District shall submit its plans to Flood Control District for review -and approval in writing. In the event Flood Control District shall undertake any construction which in the opinion of Flood Control Engineer would affect Water District facilities within said lands, Flood Control District shall submit its plans for the information and approval of Water District. Neither of the parties hereto shall assume any responsibility or liability with respect to the adequacy of any plans prepared by or for the other with respect to purposes other than the compatibility of the use and the protection of its facilities. 5. Scheduling of construction. Flood Control District shall advise Water District as to the times when new construction other than normal operation and maintenance may be scheduled within Flood Control District lands when in the opinion of Flood Control Engineer such work would affect Water District facilities. Such scheduling shall be for the purpose of preventing any reasonably avoidable hazards. Water District shall provide Flood Control District a schedule of its proposed work sufficiently in advance of its intended construction to permit Flood Control District a reasonable opportunity to review such schedule and determine its compatibility with Flood Control District functions. 6. Supervision and Inspection of Construction. Either 3. party hereto when undertaking construction shall be solely responsible for the letting of contracts and effecting supervision of the construction of its facilities, except that the other party shall have the right of inspection. 7. Completion of Work. Upon completion of reasonable increments of construction of Water District's project the parties hereto shall jointly inspect such work, and Flood Control District shall give written notice to Water District of its approval of the work or shall request such reasonable alterations as may be needed. Upon approval -of the work, Flood Control District shall resume respon- sibility for the operation and maintenance of any of its facilities where these were temporarily assumed by Water District. 8. Operation of Facilities. Each of the parties hereto shall operate and maintain its facilities within the lands described in Exhibits "A", "B", and IIC" in such manner and at such time as will cause no expense or liability to devolve upon the other without good cause and so as not to unreasonably interfere with the uses of the other. 9. Indemnification. Each of the parties hereto hereby releases indemnifies and saves the other free and harmless from and against all liability,claims, costs and expenses for loss of or damage to the property of either party hereto or of third persons and for injuries to or deaths of officers, agents, employees or invitees of either party directly or proximately caused by or arising out of any act or omission of such party or out of the presence, construction, maintenance, use or removal of the facilities and operations of such party upon the lands described in Exhibits "A", "B", and "C`r. 10. FencinE and Security Program. In the event it becomes necessary to fence areas being used for the spreading of imported waters by virtue of the spreading of such waters, the initial cost of the fencing shall be borne by Water District, and Flood Control District shall make partial reimbursement therefor on an equitable basis to Water District, which shall take account of the factors of need for such fencing for Flood Control purposes, the time when it would be needed for such purposes, the budgetary scheduling requirements of Flood Control District, and other relevant factors. 11. Notice. Any notice required to be given pursuant to this agreement may be served upon the Flood Control District by mailing such notice postage prepaid, addressed to it at 825 East Third Street, San Bernardino, California, Attention: Flood Control Engineer, and upon Water District by mailing such notice postage prepaid, addressed to _ it at 1350 South "E" Street, San Bernardino, California 92412, Attention: General Manager. In cases of emergency, notice may be given orally in such manner as may be possible and shall be there- after promptly confirmed in writing, but such written confirmation shall not be required in order that notice be imparted. Either party hereto may, upon written notice to the other, change its address for purposes of notices. Notice given by mail shall be deemed given one day following date of deposit for mailing. 12. Opinions and Determinations. Where the terms of this contract provide for action to be based upon the opinion, judgment, approval, review or determination of either party hereto, such terms 5. are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review or determination to be arbitrary, capricious or unreasonable. 13. Grant of Easements for Water Transmission and Related Facilities and for Power Recovery or Dissipation Purposes. Flood Control District hereby grants to Water District easements over those lands required for water transmission and related facilities and for the construction and.o.p.eration.o.f.p.ower recovery or dissipation facilities and related facilities in the form of Exhibit "C" and as described therein, which lands are owned in fee by Flood Control District and are depicted on plats of Devil Canyon Turnout, Badger Basin Turnout, and Waterman Avenue.Turnout. Said Exhibit and plats are attached hereto and are hereby made a part hereof. IN WITNESS WHEREOF, the parties hereto have caused their respective names and seals to be affixed hereto and this instrument to be executed by their proper officers thereunto duly authorized this ��` day of 1972. SA:JERNARDINO VALLEY SAN BERNARDINO COUNTY MU I IPAL,WATER DISTRICT FLOOD CONTROL DISTRICT unairnoara or supervls San Bernar no County Flood Control Di at JAMES W. DILWORTH Attest �Q<,s — -- Secretary, B of Supervisors San Bernardino County Flood � _ Control District ,APPROVED AS TO FORM: Ge0eral Counsel Stanford D. Herlick County -Counsel, County of San Bernardino By . f `� I "/ 7 1 E. H. Robinson Deputy County Counsel V GRANT OF EASEMENT . . The San Bernardino County Flood .Control District, a body corporate and politic of the State of California, does hereby grant to San Bernardino Valley Municipal Water District, a municipal water district organized and existing under the Municipal Water District Law of 1911, as amended, California Water Code Sections 71000 et seq., an easement as described hereinafter for the construction, operation, maintenance, and replacement of a pipeline or pipelines and appurtenances thereto in, over, under, and across that certain real property in the County of San Bernardino, described as follows: PARCEL 1A.1 All those portions of the I -lest one-half of Sections 5 and 8, Tot -ins hi p 1 North, Range 4 Elest, San Bernardino tieridian, in the City of San Bernardino, County of San Bernardino, State of California as the lines of the Government Survey may be extended across the Iduscupiabe Rancho, as per nap recorded in Book 7, Page 23 of raps in the office of the County Recorder of said County included within a strip of land, 50.00 feet in right angle width, lying a 25.00 feet on each side of the following described centerline: Corrurnencing at Corner leio. 26 of said Rancho tluscupiabe, said corner also being an angle point in the East boundary of that certain property acquired by the City of San Bernardino by deed from the iluscupiabe Land and Wter Company, recorded June 30, 1921, in Book 724, Page 8 of Deeds, records of the Recorder; thence South 0° 45' 43" East (recorded South 00 25' East) along the East boundary of said City of San Sernardino parcel, 1273.87 feet; thence South 53' 54' 27" East, 473.51 feet to a point in the East line of the land described in the deed to Jack T. Felton et ux recorded July 3, 1969 in Book 7262, 'Page 550 of Official Records and the TRUE POUIT OF BEGIi1.'IIPIG; thence continuing South 53' 54' 27" East, 34.65 feet to the beginning of a tangent curve, concave i;ortheasterly, having a radius of 1000.00 feet; 1 thence Southeasterly, 112.59 feet along the arc of said curve through a cen- tral angle of 6° 27' 04 % thence South 600 21' 31" East, 1569.59 feet to the beginning of a tangent curve concave l;ortherly, having a radius of 500.00 feet; thence Easterly 179.44 feet along the arc of said curve through a central angle of 20' 33' 43"; thence South SOO 55' 14" East, 784.42 feet to the beginning of a tangent + curve, concave Southerly, having a radius of 1000.00 feet; EXHIBIT "A" Page 1. thence Easterly 11.25 feet along the arc of said curve, through a central angle of 0° 33' 48" to a point on the East line of said best one-half of Section 5 which is South 0° 2G` 14" East, 202.59 feet from.the intersection of said last mentioned East line with the boundary of said tluscupiab- Rancho. . The sidelines of said 50.00 foot wide strip of land shall be prolonged or . shortened so as to originate on said Easterly lina of said Felton parcel and ter- minate on the East line of the West one-half of said Sections 5 and 8. PARCEL 1-4.2 Portion A That portion of Section 9, Township 1 "forth, P.ange 4 ,-lest, San Bernardino Meridian, in the County of San Bernardino, State of California, as the lines of the Government Survey may be extended across the 11uscuoiabe Rancho, as per man recorded in -Coon; 7, Page 23 of Maps in the office of the County Recorder of said County, being more particularly described as a strip of land being 50.00 feet in right angle width Iying 25.00 feet on.each side of the following described centerline: Commencing at Corner No. 28 of said Muscupiabe Rancho; thence North 890 26' 19" tlest (recorded North 89" 031 Vest) 516.90 feet along the boundary line of said I-'uscupiabe Rancho; thence South 220 14' 41" test (recorded South 22° 38' West) 626.13 fleet; thence South 40° 44' 41" 14est (recorded South 410 081 !,-lest) 241.56 feet; thence South ll° 21' 19" East (recorded South 10° 58' East) 127.05 feet; thence South 40' 45' 41" West (recorded South 41* 09' 1-lest) 283.26 feet; thence South 15° 55' 41" t•lest (recorded South 16° 19' West) 438.47 feet to the TRUE POINT OF BEGINNIl;G; thence South 620 58' 58" East, 211.17 feet to the beginning of a tangent curve concave South:•.esterly, having a radius of 500.00 feet; thence Southeasterly, 168.14 feet along the arc of said curve through a central angle of 19° 16' 01"; thence South 43° 42' 57" East, 316.10 feet, to a point on the Northerly line of the land described as Parcel 4 in the deed to the San Bernardino County Flood Control District recorded April 23, 1949, in Boot; 1415, Page 37 of Official Records. The sidelines of said.strip of land shall be prolonged or_shortened so as to originate on the Southeasterly line of the land described in the deed to Samuel max P1aut et al recorded ,November 15, 1968 in Book 7130, Page 506 of Official -Records. The Southwesterly sideline of said strip of land shall be prolonged so as to to i,inate on said last mentioned Northerly line of Parcel No. 4. The Northeasterly sideline of said strip of land shall be shortened so as to ten-tinate on the Southeasterly line of the land described in the deed to the San Bernardino County Flood Control District recorded September 25, 1966 in Boob 4046, Page 396 of Official Records. EXHIBIT "A" , ` Page 2. PARCEL 1.4.2 Portion 8 ' That portion of Section 9, Township 1 ?forth, Ranqe 4 West, San Bernardino C Meridian, in the County'of San Bernardino, State of California, as the lines of the Government Survey may be extended across the iluscupia6e Pancho, as -.per map recorded in Cool; 7, ?age.23 of Flaps in the Office of the County Recorder of said 'County, being more particularly described as a strip. of land being 50.On feet in right angle width lying 25.00 feet on each side of the following described cen- terline: Commencing at Corner "fo.� 28 of said Muscupiabe Rancho; thence ftorth 890 26 1 Q' 11-11est (recorded r;orth 890 03' hest) 516.90 feet r •-alonrthe •boundary line of--s-aid "'uscupi-abe Rancho; i thence South 22° 14' 41" !•lest (recorded South_ 22' 38' West) 626.13 feet; thence South 40° 44' 41" hest (recorded South W 68' Lest) 241.56 feet; thence South 110 21''19" East (recorded South 10* 58' East) 127.05 feet; thence South 40° 45' al" 'lest (recorded South 410 09' Rest) 283,26 feet; thence South 1555' 41 " Blest (recorded South 1 f ° 19' 4lest) 438.47 feet; thence South C20 56' 58" East, 211.17 feet to the beginning of a tangent curve concave Southwesterly, having a radius of 500.00 feet; thence Southeasterly, 1 C8.1 n feet along the arc of said curve, through a cen- tral angle of 19.° 16' 01"; - I Thence South 43° 42' 57" East, 1856.74 feet to a point on that certain course in the boundary of Parcel 4, in the deed to the San Bernardino County Flood Control District recorded Aril 23., 1010 in Cool: 1415, Page 37 of Official Records, described as having a bearing of %orth..24° 30' East and a length of 581.59 feet, said point being the TRUE POi'fT OF 6EGII111ING; thence South 43' Y2' 57" East, 419.22 feet to the beginning of a tangent curve concave Sout imesterl_v, having a radius of 1000.00 feet; thence Southeasterly, 137.14 feet along the arc of said curve through a central angle of 7° 51' 29"; thence South 35° 51' 28" East, 77.31 feet to a point on the Easterly line of said land described as Parcel 4 which is South 40 10' 20" East, 1303.19 feet from the int6rsection of said last mentioned Masterly line with the Northerly line of -- said iluscupiabe Rancho. The sidelines of said strip of land shall be prolonged or shortened so as to 'originate in said course herein above described as having a bearing of North 24° 30' East and.a length of 531.59 feet and to terminate in said last mentioned Easterly line. PARCEL 1-4.3 All that' portion of'the South one-half of Section 9, Townshio 1 'forth, -Rance 4 tfest, San Cernardi no Neri di an , in the County of San Cernardi no, State of California, as the lines of the Government Survey nay be extended across the- tSuscupiabe Rancho`, as per r.iaa recorded in Cool: 7, Pane 23 of 1+ass in the office of the County Recorder of said County lyinet within a strip of land 5!1.nn feet in right - angle width lyi�tg 25 feet on each side of the following described centerline: EXHIBIT "A" Page :3 - u Beginning at a point on the Easterly line of Parcel 4, as described in the deed to.the San Bernardino County Flood Control District recorded Anril 23, lnin in Cool: 1415, Page 37 of Official Records which is South 40 ln' ?n" F_ast, i303.1'? feet from the intersection of said last mentioned Easterly line With the Northerly line of said Muscuniahe Rancho: thence South 35° 51' 28" East, 198.90 feet to a boint on the Southerly line of the land described in the deed to the San Bernardino County Flood Control District recorded flay 14, 1957 in Book 4229, Page 497 of Official Records. The sidelines of said strip of land shall be prolonged or shortened so as to originate on said Easterly line and terminate on said Southerly line, PARCEL- 1-4.4 ". All that portion of Section 14, Totmship 1 North, Range 4 Hest, San Bernar- dino Meridian, in the County of San Bernardino, State of California, as the lines of the Government Survey may be extended across the Muscuoiabe Rancho, as per map recorded in Book 7, Page 23 of Maps in the Office of the County Recorder of said County lying within a strip of land 50.00 feet in right angle width lying 25.00 feet on each side of the above described centerline: Commencing at the intersection of the centerline of Waterman Avenue and a line which is parallel with and 10.52 feet Northerly of the Easterly prolonga- tion of the centerline of 49th Street as per flap of Tract No. 1834 recorded in Book 26, Page 52 of 1-laps; thence North 890 29' 20" East; 52.50 feet parallel with said Easterly prolongation to the East line of Waterman Avenue and the TRUE POINT OF BEGIfNING; thence north 89' 29' 20" East, 116.52 feet; thence South 30' 30' 44" East, 183.45 feet to the end of said strip. The sidelines of said strip of land shall be prolonged or shortened so as to originate in said East line of Waterman Avenue and terminate at a point which is at tight angles from the end of said centerline. _ EXHIBIT "A" Page 4 Said easement is granted as a permanent easement and not as a grant in fee and shall authorize the said San Bernardino Valley Municipal Water District to construct, reconstruct, remove, replace, j repair, maintain, operate, and use one or more pipelines together i with braces, connections, fastenings, communications and power cable t and other appliances and fixtures in connection therewith or appurtenant thereto for the transmission and distribution of water, and shall carry with it the right to inspect, make vehicular patrols, alter, remove, rep: reconstruct, and repair the said pipelines and appurtenances, the right �. to mark the location of said easement by suitable markers set and maintained in the ground at locations which shall not interfere with suc; reasonable use as the grantor shall make of the land within the limits o. said easement, and the right of.ingress'to and egress from the said easement across the lands of the grantor over routes to be designated in writing Y . b Grantor. _ IGrantee shall operate and maintain its facilities in such manner and at such time as will not unreasonably interfere with the uses of the Grantor. I.. Said easements shall be subject to all the terms and conditions of that certain agreement by and between the San Bernardino County Flood Control District and the San Bernardino Valley Municipal r Water District executed DATED: SEP 2 5 1972 SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT By a rman, oar ox Supery sF' San Bernardino County M Flood Control District EXHIBIT "A" -- rage 5. . ATTEST: Secretary, Board of Supervisors, San Bernardino County Flood Control District EXHIBIT "A" Page 6. COMMON USE AGREEMENT WHEREAS, the SAN BERNARDINO VALLEY MM11CIPAL WATER DISTRICT a municipal water district organized and existing under the Munici}al Water District Law of 1911, as amended, California Water Code H71000 et. seq. hereinafter referred to as Water District, has been granted an easement for the construction, operation, maintenance, and replacement of one or more pipelines and related facilities in, over, under and ...,,across that certain real..property in the County of San Bernardino described as follows: That portion of Section 6, Tovmship 1 North, Range 4 West, according to the Government Surveys if extended across the Muscupiabe Rancho, said Section 6 being a portion of -the lands acquired by the City of San Bernardino by deed from the Muscupiabe Land and Water Company, recorded June 30, 1921 in Book.724, Page 8 of Deeds, records of the Recorder of San Bernardino County, in the City of San Bernardino, State of,California, as per map recorded in Book 7, Page 23 of Maps, in the office of said County recorder of said county being more particulary described as a strip of land 50.00 feet in right angle width, lying 25.00 feet.on .each side of the following described centerline: Commencing at Corner No. 13, as established by George E. Sherer, May 14, 1921,said corner being identical with Corner No. 26, Rancho Muscupiabe, from which point Corner No. 14, as established by George E. Sherer, May 14, 1921, bears South 0° 45, 43" East (formerly recorded South 0° 25' East); thence North 741 43' 15" West, 1076.76 feet to the TRUE POINT OF BEGINNING; thence South 16° 42' 19" West, 320.90 feet; thence Southerly and Easterly along the are of a 500.00 foot radius curve, tangent to the . last described course, concave Northeasterly, through a,. central angle of 700 36, 46" for an arc distance of 616.22 feet; thence South 53' 54' 27" East, along a line tangent to the last described curve 1192.3$.feet to a point in -the East line of said City of San Bernardino property from which point the corner hereinbefore referred to as Sherer's Corner No. 13 bears North 0° 45' 43" West (formerly recorded North 00 25' West) ,273.87 feet. The sidelines of said 50.00 foot wide strip of land shall be = prolonged or shortened so as to originate on a line scribed at right angles to.the TRUE POINT OF BEGINNING, and terminate on said East line of said -City of San j Bernardino parcel. Contains 2.444 acres, more or less. EXHIBIT "B" -- Page 1. h'er6i'naf per rLferrcd to as i,rea of Common Use; , and 1;HLREAS, the SAN BE.ZINARDI\0 COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic of the State of California. hereinafter referred to as "Flood Control District," holds existing easement rights acquired for flood control and water conservation purposes over -said real property; and WHE'RE!1S, both h1ater District and' Flood. Control District have need to use area of Corm -on Use; in consideration of the full compliance by _ Water District with the provisions hereinafter set forth, Flood Water District Control District does hereby acknowledge the right of Wa t o b , to.use Area of Common Use for the construction, reconstruction, removal, replacement, repair, maintenance, operation, inspection, vehicular patrol, and use of one or -more 'pipelines together. with braces, connections, fastenings, comruni cations and power cables, and other appliances and fixtures in connection therewith or appurtenant thereto for the transmission and distribution of water together lrith the right to mark the location of its easement by suitable ra� r'- .ers set and maintained in the ground at locations zrhic.a shall not interfere with the reasonable use of the lands within the limits of said easement by Flood Control District, and the right of ingress to and egress from said easement across w oss lands o,. Flood Control District over routes ;.o be designated in writing by Flood Control District: PROVIDED HOV,'EVE R, that , 1. Each or: the parties hcreto shall operate and maintain its f cilitics within the area of Common. Use in such manner and at such tiraas will cause no expense or liability . EXIII13IT "B" Page 2. .. to devolve upon the other without good cause and so as not to unreason- ably interfere with the uses of the other. 2. The use of the Area of Common Use by either of the parties hereto shall be. -subject to.all the terms and conditions of that certain agreement between the Flood Control District and Water District dated 1972. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both parties. IN WITNESS -;HEREOF, the parties hereto have caused this Eagreement to be executed by their respective official thereunto duly authorized. ESAN BERNARDINO VALLEY SAN BERNARDINO COUNTY MUNICIPAL WATER'DISTRICT FLOOD CONTROL DISTRICT By By Chairman, Board of Supervisors, APPROVED AS TO FORM: San Bernardino County Flood Control District EJAMES W. DILWORTH By Secretary, Board of Supervisors E San.Bernardino County Flood Control District E General Counsel APPROVED AS TO FORM: E Standord D. Herlick County Counsel 1 By E. H. Robinson EDeputy County Counsel EXHIBIT "B" EPage 3. GRANT OF EASEMENT The San Bernardino County Flood Control District, a body corporate and politic of the State of California, does hereby grant to San Bernardino Valley Municipal Water District, a municipal water district organized and existing under the Municipal Water District Law of 1911, as amended, California Water Code Sections 71000 et seq., an easement as described hereinafter for the construction, operation, maintenance, and replacement of a pipeline or pipelines and appurtenances thereto and for construction and use of power recovery and dissipation facilities and appurtenances thereto in, on, over, under and across that certain real property in the County of San Bernardino, described as follows: ' BADGER BASIN TURNOUT PARCEL: portion of Section 9 Township 1 North Range 4 1,test S Bernardino p � p , g an r ardino Meridian, in the County of San Bernardino, State of California, as the lines of the Governmant Survey may be extended across the I•tuscupiabe Rancho, as per map recorded in Book 7, Page 23 of Baps in the office of the County Recorder of said County, described as follmis: Commencing at Corner No. 28 of said fluscupiabe Rancho; thence North 89' 26' 19" hest (recorded north 890 03' Nest) 516.90•feet along the boundary line of said l•lusupiabe Rancho; thence South 22° 14' 41" !Test (recorded South 22" 38' West) 62.6.13 feet; thence South 40° 44' 41" blest (recorded South 410 000' Hest) 241.56 feet; thence South 110 21' 19" Fast (recorded South 10' 58' East) 127.05 feet; thence South 40° 45' 41" Ilest (recorded South 41' 09' Nest) 2;3.26 feet; thence South 150 55' 41" West (recorded South 16" 19' !•test) 433.47 feet; thence South 620 53' 58" East, 115.71 feet to the TRUE POINT OF BEGIPtNLNG; thence North 270 01' 02" East, 25.00 feet; thence South 620 58' 58" East, 95.46 feet to the beginning of a tangent curve concave Soutliv.esterly, having a radius of 525.00 feet; thence Southeasterly, 14.54 feet along the arc of said curve through a central angle of.1' 35' 13"; thence South 270 01' 02" West, 204.80 feet; thence North 62° 58' 58" West, 110.00 feet; thence North 27" 01' 02" East, 180.00 feet to the TRUE P0I14T OF BEGINtllliG. EXHIBIT "C" Page 1, DEVIL CANYON TURNOUT PARCEL: All that portion of the West one-half of Section 5, Township 1 North, Range 4 Edest, San Bernardino tleridian, in the City of San Bernardino, County of San .Bernardino, State of California, lying within the lines of Muscupiabe Rancho as per nap recorded in Boot: 7, Page 23 of flaps defined by extending the United States Government Survey lines across said Rancho, described as follows: Commencing at Corner No. 26 of said Rancho Muscupiabe, said corner also being an angle point in'the East boundary of that certain property acquired by the City of San Bernardino by deed from the MUS cupiabe Land and plater Company, recorded June 30, 1921, in Book 724, Page 8 of Deeds, records of the Recorder; :hence Soutn-0 45' 43" East (recorded South 00 25' East) along the East boundary of said City of San Bernardino parcel, 1273.87 feet; thence South 53° 54' 27" East, 481.09 feat to the TRUE POINT OF BEGItUING; thence North 10" 14' 41" tlest, 36.21 feet; thence South 530 54' 27" East, 53.27 feet to the beginning of a tangent curve, concave Nlortheasterly having a radius of 975.00 feet; thence Southeasterly 40.03 feet along the arc of said curve, through a central angle of 2° 21' 08"; thence South 100 14' 41" East, 150.57 feet; thence South 79' 45' 19" Ilest, 65.00 feet; thence North 10° 14' 41"'1-test, 181.28 feet. to the TRUE POINT OF BEGINNIING. EXHIBIT "C" Page 2. 1NATERMAN AVENUE TURNOUT PARCEL: All that portion of Section 14, Township 1 north, Range 4 !Test, San Ber- -nardino Meridian, in the County of San Bernardino, State of California, as the lines of the Government Survey may be extended across. the Miuscupiabe Rancho, as per raap recorded in Book 7, Page 23 of Maps in the Office of the County Recorder of said County described as follows: Commencing at the intersection of the centerline of Waterman Avenue and a -� line which is parallel i,ith, and 10.52 feet Northerly of the Easterly prolonga- tion of the centerline of 49th Street as per map of Tract No. 1834 recorded in Rook-RookPage 52...of --Saps.;. thence North 890 29' 20" East, 78.47 feet, parallel with said prolongation to the TRUE POINT OF BEGINNING; thence North 11' 15' 08' Ilest, 25.45 feet; thence North 890 29' 20" East, 109.73 feet; thence South 300 30' 44" East, 197.88 feet; thence South 59° 29' 16" IWest, 25.00 feet; thence South 30' 30' 44" East, 0.50 feet;' thence South 14' 29' 16" West, 189.00 feet; thence North 75° 30' 44" :West, 75.00 feet; thence North 110 15' 08" Nest, 328.20 feet to the TRUE POINT OF BEGINNING. EXHIBIT' rich Page 3. I. i A Said easement is granted as a permanent easement and not as a grant in fee and shall authorize the said San Bernardino Valley Municipal Water District to construct, reconstruct, remove, replace, j repair, maintain, operate, and use one or more pipelines together I - with braces, connections, fastenings, communications and power.eable and other appliances and fixtures in connection therewith or appurtenant thereto for the transmission and distribution of water, and to construct; freconstruct, remove, replace, repair, maintain, operate, and use power recovery and dissipation facilities and.other appliances and fixtures in.connection therewith or appurtenant thereto, and shall carrx with it•the right to inspect, make vehicular patrols, alter, remove, replace, reconstruct, and repair the said pipelines, power recovery and dissipatic facilities, and appurtenances, the right to mark the location of said easement by suitable markers set and maintained in the ground at locations which shall not interfere with such reasonable use as the. grantor shall make of the land within the limits of said easement, and the right of ingress to and egress from the said easement -across the lands of the grantor over routes to be designated in, writing by Grantor. Grantee shall operate and maintain its.facilities in such manner and at such time as will not unreasonably interfere with the uses of the Grantor. Said easements shall be subject to all the terms and ` conditions of that certain agreement by and between the San Bernardino County Flood Control District and the San Bernardino Valley Municipal EXHIMT "C" Page �. SAN BERNARD1140 COUNTY FLOOD CONTROL DISTRICT By Chairman, Board of Supervisors, San Bernardino County Flood Control District Attest: Secretary, Board of Supervisors, San Bernardino County Flood Control District EXHIBIT "G" Page 5. m TV All 571/4 Ua 4,4^AOS OAVAoM Shy __ �..„.. __-_� :. .: -.ter,_ . -• — _. - - -—....,.�,-.. -'- - . - - - —230. •`'� L y9'd3'SJT O/ EQplp 20 n 419 �.E 06 , ,� a� ALL•` � `LLI / _— \\\ � � � `^�� , a 9cL0 to irgo:� . TuQ Gp,$� •d . 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