HomeMy WebLinkAbout2006-190
1 RESOLUTION NO. 2006-190
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A QUITCLAIM DEED VACATING A WATER UTILITY
3 EASEMENT TO RICHMOND AMERICAN HOMES, TO BE FOLLOWED BY NEW REVISED WATER
UTILITY EASEMENTS IN THE SAME LOCATION (TRACT 16509-4; LOT 85).
4
5 WHEREAS, the City of San Bernardino obtained a water utility
6 easement for Water Department use on October 26, 2004 from
7 University Park Holdings, LLC for installation of various water
8 mains; and
9 WHEREAS, the easement was located North of University Parkway
10 between Northpark Boulevard and Kendall Drive Street and 11th Street,
11 and South of Devils Creek Flood Control Channel and was necessary
12 for the construction of approximately 161 single family homes; and
13 WHEREAS, the developer, Richmond American Homes, has planted
14 trees and constructed block walls within the above-mentioned
15 easement and said improvements limit the access to maintain the
16 water mains within the recorded Easement No. 2004-0783247.
17 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
18 THE CITY OF SAN BERNARDINO AS FOLLOWS:
19
SECTION ONE:
That the City of San Bernardino, a Municipal
20 Corporation, does hereby approve a QuitClaim Deed for an easement
21 for water line purposes to the owner of record, as described in the
22 Grant of Easement No. 2004-0783247 recorded on October 27, 2004 of
23 Official Records of San Bernardino County.
24
SECTION TWO:
That the said Quitclaim Deed referred to herein,
25 a copy of which is attached hereto, marked Exhibit "A", and hereby
26 referred to and made a part hereof as fully as though set forth at
27 length herein, is hereby approved.
28 / / / / /
6/19/2006
page 1 of 2
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A QUITCLAIM DEED
VACATING A WATER UTILITY EASEMENT BACK TO UNIVERSITY PARK HOLDINGS, LLC, TO BE FOLLOWED BY NEW REVISED
WATER UTILITY BASEMENTS IN THE SAME LOCATION (TRACT 16509-4; LOT 85)
1.
SECTION THREE: That the Mayor and City Clerk of the City of San
2 Bernardino are hereby authorized and directed to execute said
3 Quitclaim Deed on behalf of the City of San Bernardino.
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted
5 by the Mayor and Common Council of the City of San Bernardino at a
9 ESTRADA
meeting thereof, held on the 19th day of
2006, by the following vote to wit:
AYES NAYS ABSENT ABSTAIN
X
X
X
X
X
X
6 ;oint regular
7 June
8 COUNCIL MEMBERS
1.0 BAXTER
11. MCGINNIS
12 DERRY
1.3 KELLEY
14 JOHNSON
1.5 MCCAMMACK
x
1.6
1.7
1.8
19
The foregoing resolution is
KR~ ~QeJJLk)
~ 5!~:d~y~~ City i i!:epRfc
hereby approved this ~ day of ~
20
June
, 2006.
PA
J. MOR Mayor
of San Bernardino
21.
22
23
APPROVED AS TO FORM:
24
25
26
fJ~-
JAMES F. PENMAN
City Attorney
27
28
6/19/2006
Page 2 of 2
2006-190
REQUESTED BY AND
WHEN RECORDED MAIL TO:
Richmond American Homes
16845 Von Karman Ave, #100
Irvine, CA 92606
APN: 0]51-342-]2
SPACE ABOVE FOR RECORDER'S USE
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SAN
BERNARDINO, a municipal corporation, and its Municipal Water Department, does hereby REMISE,
RELEASE AND FOREVER QUITCLAIM to Richmond American Homes of California, Inc., the following real
property located in the City of San Bernardino, County of San Bernardino, State of California, described as follows:
THAT CERTAIN WATERLINE EASEMENT AS DESCRIBED IN DOCUMENT NO, 2004-0783247, BEING
THE EASTERLY 15 FEET OF LOT 85, DELINEATED ON THE MAP OF TRACT NO, 16509-4, AS PER PLAT
RECORDED IN BOOK 318 OF TRACT MAPS, PAGES 8 THROUGH 12, RECORDS OF SAID COUNTY
CITY OF SAN BERNARDINO,
DATE:
4z!~
by:
, Mayor
ATTEST:
RACIIEL CLAR~. Ci<y CI,," C;q; 1
SJWflJiAajlVL~dmtU) J it
ACKNOWLEDGEMENT ~RANTOR(S): '
{t~A11t, flwJu
STATE OF CALIFORNIA )
5:w? ,Q /J ) S,S,
COUNTYOF= UW/7.?VY.&0'/:JO )
On ~/d/7o& beforeme~~0n: t.- /Ylt:tr/B/Jt ~~~~ppeared
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personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by hislher/their signature(s) on the instrument the person(s), or the entity on behalf of which person(s) acted, executed the instrument
L:and and official seaL ,
/;J'V>~tsMbJ/J? ,..eVj
EXHIBIT "A"
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Signature
EXHIBIT A
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10/2712004
1:58 PM
MA
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CORDING REQUESTED BY
AND
N RECORDED MAIL TO:
APN 151-311-03
Stacey Aldstadt, Deputy General Manager
ity of San Bernardino
unicipal Water Department
.0. Box 710
00 North D Street
ari Bernardino, CA 92402
~,. LARRY WALKER
'if.""....',::.., Auditor/Controller - Recorder
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i DoJU: 2004-0783247
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Tilles:
PAID
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Fees
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Other-
o FEE PER GOVJ;lRNMENT CODE SECTION 6103 ..:1.
SPACE ABOVE FOR RECORDER'S USE
GRANT OF EASEMENT
...
This Grant of Easement is entered into by and between the University Park, LLC hereinafter
called Grantor, and the City of San Bernardino, hereinafter called Grantee.
Grantor, in consideration of the mutual promises contained herein, and the public benefit
provided, hereby grants unto Grantee, its successors and assigns, an easement to locate,
construct, reconstruct, maintain, alter, enlarge, inspect, repair and replace underground
pipelines for the transportation of water, and all pipes, conduits, manholes, structures and
equipment necessary or convenient thereto, on, under across that certain real property described
and shown on Exhibit "A", attached hereto and by this reference made a part hereof.
THIS EASEMENT IS BEING GRANTED SUBJECT TO THE CONDITIONS ON THE V''''
"ADDENDUM TO EASEMENT AGREEMENT" AND MADE A PART HEREOF.
Date: ?f -+ I (!J-f
APPROVED: University Park, LLC
Print Naitie: .
Print Title: Authorized Sil!rlatorv
State of california}
ss
County of Orange
On September 29,2004, before me, Janice Wall, Notary Public, personally appeared
Charles J. Diamond, personally known to me to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
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Place Notary Seal Above
Optional
Though the information below is not required by Jaw, it may prove valuable to persons relying on the document and could prevent.
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Grant of Eaaement Cor Properly in San
Bernardino.
Document Dated: September 29, 2004
Number of pages: 3 page Cs)
Capacity(ies) Claimed by Signer
x
Signer8 Name: Charles J. Diamond
Individual
Corporate Officer-TitIe(s):
Partner - Limi.ted General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing: Authorized Signatory for University Park, u..c.
x
Other signers
r
ALL-PURPOSE ACKNOWLEDGMENT
State of California
lss,
County of San Bernardino
On
October 26, 2004
IDATEI
before me,
David\lf. Gutierrez
(:'IiOTAItYl
personally appeared
Rachel G. Clark
SIOr.:E/lISl
e9 personally known 10 me
- OR-
o proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacily(ies), and that by his/her/their
signatures(s) on the instrument the person(s),
or the entity upon behalf of which' the
person(s) acted; executed the instrument.
,
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WITNESS my hand and official seal.
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OPTIONAL INFORMATION
The informuion below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized dOcument.
"
.
CAPACITY CLAIMED BY SICNER (PRINCIPAL)
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED. DOCUMENT
TffiE OR TYPE OF DOCUMENT
11l1.E<SI
o PARTNERIS)
o ATTORNEY,IN.FACT
'0 TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
. OTHER
StGNER IS REPRESENTING:
NAME OF PERSON\S, OkENTITY(IES I
RIGHT THUMBPRINT
OF
SIGNER
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APA5199
VAlLEY,SIERRA. BOO-l62.JJ6'I
APN: 151-311-03
GRANTOR'S NAME: UNIVERSITY PARK. LLC
ADDENDUM TO EASEMENT AGREEMENT
I. Grantee hereby agrees to save and hold harmless Grantor and its officers or employees
from all sums which Grantor or any of its officers or employees may be obligated to pay
by reason of any liability imposed on them for damages arising out of the performance
of the services rendered by Grantee and caused by any error, omission or act of Grantee
or any person employed by him or her or any others for whose acts Grantee is legally
liable. Said sums shall include, in the event of legal action, court costs, expenses of
litigation and reasonable attorney's fees.
2. Grantor hereby agrees to save and hold harmless Grantee and its department agencies,
officers or employees from all sums which Grantee or any of its departments, agencies,
officers, or employees may be obligated to pay by reason of any liability imposed on
them for damages arising out of the performance of the services rendered by Grantor
and cased by any error, omission or act of Grantor or any person employed by him or
her or any others for whose acts Grantor is legally liable. Said sums shall include, in the
event of legal action, court costs, expenses of litigation and reasonable attorney's fees.
3. Grantor reserves the right to use said real property in any manner, provided such use
does not unreasonably interfere with Grantee's rights hereunder. No structures will be
erected within the limits of this easement.
4. Grantor reserves the right to require Grantee, at Grantor's expense, to remove and
relocate all improvements placed by Grantee upon said real property, upon
determination by Grantor that the same will interfere with future development of
Grantee's property. Within 180 days after Grantor's written notice and demand for
removal and relocation of the improvements, Grantee shall remove and relocate the
improvements to a feasible location on the property of Grantor, as designated by
Grantor and Grantor shall furnish Grantee with an easement in such new location, on the
terms and conditions as herein stated, all without cost to Grantee, and Grantee
thereupon shall reconvey to Grantor the easement herein granted.
5. Grantee agrees to use due care in any use of the easement herein granted and in the
construction, installation, repair, replacement and maintenance Grantee's improvements
or the easement area as provided for herein so as not to unreasonably disturb Grantor's
use 'of its property.
EXHIBIT "A"
DESCRIPTION - UTILITY EASEMENT
Those portions of Sections 7 and 8, (Wlsurveyed), Township 1 North, Range 4 West, San
Bernardino Base and Meridian, being a portion of Parcel 3, Parcel Map Number 16307,
per plat thereof recorded in Book 200 of Parcel Maps, page 70, records of the COWlty
Recorder of San Bernardino COWlty, State of California, described as folJows:
Commencing at the Northeasterly Corner of Parcel 4, Parcel Map Number 16307, per
plat thereof recorded in Book 200 of Parcel Maps, page 70, records of the COWlty
Recorder of San Bernardino COWlty; thence South 68014'47" West, 176.65 feet to the
POINT OF BEGINNING;
thence North 21045'13" West, 133.34 feet;
thence South 73057'26" West, 15.07 feet;
thence South 21045'13" East, 134.84 feet;
thence North 68014'47" East, 15.00 feet to the POINT OF BEGINNING.
This description was prepared by me or
Under my direction in conformance with the
Land Surveyor's Act.
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APN 151-31~
PARCEL 3
P.M. 16307
EXHIBIT "B"
A portion of Parcel 3 of Parcel Map No.
16307, in the City of San Bernardino, County
of San Bernardino, Sto.te of Co.lIfornlo.
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COUNTY OF SAN BERNARDINO SCALE: 1"=60'
CALIFORNIA DRAWN BY: SA
198 N. ARROWHEAD AVE
SAN BERNARDINO, CA 92408
(909) 383-8579
pprove
UTILITY
EASEMENT
CHECKED BY: DR.
DATE: 9-28-04
JOB NO.: 22168
PROJECT SITE
(APB 151-311-03)
nd
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CAL STATE
UNIVERSITY
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VICINITY MAP
NOT TO SCALE
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COUNTY OF SAN BERNARDINO SCALE: N.T.S.'
CALIFORNIA DRAWN BY: SA
198 N. ARROWHEAD AVE
SAN BERNARDINO, CA 92408
(909) 383-8579
CHECKED BY:D.R.
ppr va
UTILITY
EASEMENT
DATE: 9-28-04
JOB NO.: _ 22168
CITY OF SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT
INTEROFFICE MEMORANDUM
TO: Bernard C. Kersey
FROM: W. William Bryden
SUBJECT: WATER DEPARTMENT'S ACCEPTANCE OF THE WATER UTILITY
EASEMENT FOR THE UNIVERSITY PARK, LLC, TRACT 16509 AS
PART OF PARCEL MAP 16307, WATER SYSTEM IMPROVEMENTS
(EPN 2003-017)
DATE: October 11, 2004
COPIES: Stacey R. Aldstadt (w/attach), Matthew H. Litchfield
(w/attach), April Sanchez (w/original easement)
BACKGROUND:
The Uni versi ty Park, LLC is about to enter into art agreement
with the San Bernardino Municipal Water Department, (SBMWD) to
install approximately 10,850' of various size Ductile Iron Pipes
ranging in size from 6" to 30" water mains located north of
University Parkway between Northpark Boulevard and Kendall Drive
and South of Devils Creek Flood Control Channel for the
construction of approximately 161 single family homes. A
portion of the 10,850' of new water main will require the
submitted easement while the remaining portion will be installed
in newly constructed roads. In order for the SBMWD to accept
the newly constructed main into its water system, it is
necessary for University Park, LLC to provide the SBMWD with an
easement covering the area of the new mains and appurtenances.
University Park, LLC has provided the SBMWD with easement
documents for execution. The Engineering staff and: the City's
Real Property Section have reviewed these documents: and found
them to be acceptable for recordation.
Bernard C. Kersey
Page 2
October 11, 2004
SUBJECT: .WATER DEPARTMENT'S ACCEPTANCE OF THE WATER UTILITY
EASEMENT FOR THE UNIVERSITY PARK, LLC, TRACT 16509 AS
PART OF PARCEL MAP 16307, WATER SYSTEM IMPROVEMENTS
(EPN 2003-017)
RECOMMENDATION:
It is recommended that the Board of Water Commissioners consider
the following motion for approval:
Accept the Grant of Easement for the waterline easement
from University Park, LLC (Tract 16509, part of Parcel
Map 16307, located north of University Parkway between
Northpark Boulevard and Kendall Drive and South of
Devils Creek Flood Control Channel known as APN 151-311-
03) as described in the easement documents and authorize
the Secretary to submit the easement documents to the
City Clerk for signature and recordation.
Respectfully submitted,
f 'I)~' g~.
~lliam Bry~e;?, P.E.
Director, Water Utility
WWB:MN:swd
Attach.
W:\@Trans\@WUAdmin\Lundy_Te\Aaendllltems\Tr 16509 University Park Grant of Easement Board Memo.doc
-To Med OuT CUlilomen' Needs by Providing HilJh-Qualily Service in Willi Supply, Water Reclamation, aod Gcothennil Hc:ating
in the MOlt Professional and Cost-Effective Mumu Pouiblc-
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16509-4
~ BERNARDINO
200. PAGES 70 THROUGH 76 OF PARCEl MAPS. AND A
7 OF MAPS. PAGE 23. RECORDS OF SAN BERNARDINO COUNTY.
.wGE 4 IlEST, SAN BERNARDINO MERIDIAN (UNSURVEYfD).
AUGUST 2005
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11
REMAINDER
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JO' WAltR rASOICNT
PfR P.W. 16307 ...........
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SHEET 4 OF 5 SHEETS
SCALf: 1 INCH = 60 FEET
60 0 JO 60 120
~I
GRAPHIC SCALE
100' PlPfiIHl [ASEJ/tHT TO THE STA 1[
OF CAUtORN/A PeR BOOK IJ5QJ PAGE I. O.R.
LOT H
POR7ION OF ASH S1RffT
0fDICA TED ON MAP 8001(
.102 PAGe 81, NKJ
AilANOCtICD H<RCOH
N674J'J8-r
7.00'
llCTAIL "A" t
N.T.S.
CALIFORNIA STATE
UNIVERSITY
SAN BERNAROINO
University Park, LLC, to provide an easement covering the new main and
appurtenances.
MOTION: Accept the Grant of Easement for the waterline easement
from University Park, LLC (Tract 16509, part of Parcel Map
16307, located north of University Parkway between
Northpark Boulevard and Kendall Drive and South of Devils
Creek Flood Control Channel known as APN 151-311-03) as
described in the easement documents and authorize the
Secretary to submit the easement documents to the City
Clerk for signature and recordation.
MOTION: Miller
SECONDED: Matich
11. AMEND RESOLUTION NO. 650 EXECUTE AND DELIVER (l"'I'~Jl
INVESTMENT AGREEMENT -AMERICAN INTERNATIONAL GROUP, INC. ';/'-l/?;f,
fAIG): The premium for the Insurance Policy approved on September 28,
2004 was based on long-term interest rates which changed from
September 17, 2004 (date of quote) to September 28, 2004 (approval
date). Due to the increase in premium the remaining settlement amount
for the Guaranteed Investment Contract was decreased to $14,885,269.
from the $15,200,000. stipulated in Resolution No. 650 therefore it is
necessary to amend the Resolution accordingly.
MOTION: Amend Section 2 of Resolution No. 650 authorizing the
General Manager to execute the Agreement to Execute and
Deliver Investment Agreement at such time when the total
investment amount of the Guaranteed Investment Contract
does not exceed $14,885,269., and the total payments equal
the amounts set forth in the Schedule A to the Investment
Agreement, beginning no earlier than January 1, 2034 and
ending no later than October 1,2056.
MOTION: Miller
SECONDED: Matich
12. AWARD OF CONTRACT - SPECIFICATION NO. 1398 - APPROXIMATELY
5.500 U.V. LAMPS AND RELATED HARDWARE FOR THE RIX FACILITY:
This specification was designed to be awarded as a lump sum bid to 1
vendor. Based on information discussed with all prospective bidders the
Purchasing staff sent specifications to 5 contractors. Of the 5
contractors 3 submitted bids and 2 submitted "no-bid" forms.
MOTION: To declare the bids of Eco Pure Technologies, LLC, and
Innovative Technologies Corporation as non-responsive; and
Accept the bid of IronBrook Partners as the lowest,
responsive, responsible bidder and award a contract for a
total lump sum cost of $266,142.50.
Page 50f9
October 26, 2004
REQUESTED BY AND
WHEN RECORDED MAil TO:
Richmond American Homes
16845 Von Karman Ave, #100
Irvine, CA 92606
APN: 0151-342-12
SPACE ABOVE FOR RECORDER'S USE
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SAN
BERNARDINO, a municipal corporation, and its Municipal Water Department, does hereby REMISE,
RELEASE AND FOREVER QUITCLAIM to Richmond American Homes of California, Inc., the following real
property located in the City of San Bernardino, County of San Bernardino, State of California, described as follows:
THAT CERTAIN WATERLINE EASEMENT AS DESCRIBED IN DOCUMENT NO. 2004-0783247, BEING
THE EASTERLY 15 FEET OF LOT 85, DELINEATED ON THE MAP OF TRACT NO. 16509-4, AS PER PLAT
RECORDED IN BOOK 318 OF TRACT MAPS, PAGES 8 THROUGH 12, RECORDS OF SAID COUNTY.
CITY OF SAN BERNARDINO,
DATE:
by:
PATRICK J. MORRIS, Mayor
ATTEST:
RACHEL CLARK, City Clerk
ACKNOWLEDGEMENT OF GRANTOR(S):
COUNTY OF
)
) S.S.
)
STATE OF CALIFORNIA
On
before me,
, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persan(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(ies), and that
by hislher/their signature(s) on the instrument the persan(s) , or the entity on behalf of which persan( s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
EXHIBIT "A"
EXHIBIT E
RECORDING REQUESTED BY
AND
WHEN RECORDED MAIL TO:
Stacey Aldstadt, General Manager
City of San Bernardino
Municipal Water Department
P.O. Box 710
300 North D Street
San Bernardino, CA 92402
APN: 1)1~J::-}4-2-,""H nn
Regency at University Park
Tract 16509 Lot 85
NO FEE PER GOVERNMENT CODE SECTION 6103
SPACE ABOVE FOR RECORDER'S USE
GRANT OF EASEMENT
This Grant of Easement is entered into by and between Richmond American Homes of
California, a Colorado Corp called Grantor, and the City of San Bernardino, hereinafter called
Grantee.
Grantor in consideration of the mutual promises contained herein, and the public benefit provided,
hereby grants unto Grantee, its successors and assigns, an easement to locate, relocate, construct,
reconstruct, maintain, alter, enlarge, inspect, repair and replace underground pipelines for the
transportation of water, and all pipes, conduits, manholes, structures and equipment necessary or
convenient thereto, on, under across that certain real property described on Exhibit "A" and shown
on Exhibit "B", attached hereto and by this reference made a part hereof.
THIS EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS AS SHOWN ON
EXHIBIT "C" ATTACHED AND MADE A PART HEREOF.
Date 'Ij/ r);{
By
Print Name Fernando Dutra
Print Title Vice President of Operations
\\Mdccafs02\data\PROJECT MANAGEMENT\PROJECTS\Regency @ university Park - Tr 16509\Water Dept\Grant
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
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authorized capacity~ and that by hi ~~
signature~ on the instrument the personW or the
entity upon behalf of which the persofl}i>Y acted,
executed the instrument.
WITNE~ and official seal.
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OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
~
Place Notary Seal Above
Description of Attached po~ument\ - ( 0. ~ "\, \ ~ r<A
TitleOrTypeOfDocument:~lVOY\-\ 0\" 1=(\,Sem~ l\ -tYfiLTtlO."\l n
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[J Attorney in Fact
IJ Trustee
[J Guardian or Conservator
.J Other:
RIGHT THUMBPRINT
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RIGHT THUMBPRINT
OF SIGNER
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Signer Is Representing:
Signer Is Representing:
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@2004NationaINotaryAssociation.9350DeSotoAve., P.O. Box 2402. Chalsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
PROJECT NA}IE: REGENCY AT UNIVERSITY PARK
TRACT 16509 LOT 85
APN: 0151-342-12
EXHIBIT A
WATERLINE EASEMENT
LEGAL DESCRIPTION
THAT PORTION OF LOT 85 OF TRACT NO. 16509-4, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS PER
MAP RECORDED IN BOOK 312, PAGES 8 THROUGH 12, INCLUSIVE OF MAPS,
DESCRIBED AS FOLLOWS:
BEING A STRIP OF LAND 15.00 FEET WIDE MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 85;
THENCE SOUTH 73057'26" WEST ALONG THE NORTHWESTERLY LINE OF SAID
LOT 85, A DISTANCE OF 15.08 FEET TO A LINE PARALLEL WITH AND 15.00 FEET
SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT;
THENCE SOUTH 21056'37" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF
134.62 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT;
THENCE NORTH 68014'47" EAST ALONG SAID SOUTHEASTERLY LINE, A
DISTANCE OF 15.00 FEET TO THE MOST EASTERLY CORNER THEREOF;
THENCE NORTH 21056'37" WEST ALONG THE AFORESAID NORTHEASTERLY
LINE, A DISTANCE OF 133.12 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.046 ACRES, MORE OR LESS.
SEE EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
PREPARED BY ME OR UNDER
GORDON D EDWARDS
PLS 6678
EXPIRATION 6-30-2006
H: 100221 IMappinglLegalslS BW DeasementLot85. doc
SHEET 1 OF 1 SHEET
EASEMENT
EXHIBIT B
NO PERMANENT STRUCTURES, CONCRETE, DEEP ROOTED PLANTS OR ANY TREES MAY BE PLANTED
OR CONSTRUCTED WITHIN THE EASEMENT AREA. USE OF EASEMENT IS LIMITED TO SHRUBS,
GRASSES, GROUNDCOVER AND OTHER REMOVABLE MATERIALS.
EASEMENT PROVIDES SBMWD ACCESS TO THEIR WATER LINE WHICH TRAVERSES THE AREA. SBMWD
MAY USE THE EASEMENT AREA FOR MAINTENANCE, OBSERVATION AND OR REPAIRS AT ANY TIME
AS NEEDED. TWO WROUGHT IRON GATES WITH DOUBLE LOCKS WILL BE INSTALLED AT REAR
PROPERTY LINE AND AT HOUSE SIDE YARD.
ACKNOWLEDGED:
PROPERTY OWNER OF LOT 85, TRACT NO. 16509-4.
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II HUNSAKER &: ASSOCIATES
IRVINE. INC
INLAND EMPIRE REGION
2900 ADAMS SlREET, SUITE A-15
RIVERSIDE CA 92504 (951)352-7200
PLANNINGjENGlNEERING/SURVEYlNG/GOVERNMENT RELA l10NS
04-17-2006
H:\Q0211\M,ppinll\E ~hibitl\SBWOE Ase MEH' .lOT85_0WG
PROJECT NAME: Regency at University Park
Tract 16509 Lot 85
APN: 0151-342-12
EXHIBIT "C"
CONDITIONS
I. Grantee hereby agrees to save and hold harmless Grantor and its officers or employees from
all sums which Grantor or any of its officers or employees may be obligated to pay by
reason of any liability imposed on them for damages arising out of the performance of the
services rendered by Grantee and caused by any error, omission or act of Grantee or any
person employed by him or her or any others for whose acts Grantee is legally liable. Said
sums shall include, in the event of legal action, court costs, expenses of litigation and
reasonable attorney's fees.
2. Grantor hereby agrees to save and hold harmless Grantee and its departments, agencies,
officers or employees from all sums which Grantee or any of its departments, agencies,
officers, or employees may be obligated to pay by reason of any liability imposed on them
for damages arising out of the performance of the services rendered by Grantor and caused
by any error, omission or act of Grantor or any person employed by him or her or any others
for whose acts Grantor is legally liable. Said sums shall include, in the event of legal action,
court costs, expenses oflitigation and reasonable attorney's fees.
3. Grantor reserves the right to use said real property in any manner, provided such use does
not unreasonably interfere with Grantee's rights hereunder. No structures will be erected
within the limits of this easement to include but not limited to buildings, walls, swimming
pools, ponds, fences and similar type structures. Any structures placed within easement
limits without the approval of the Grantee will be removed at the Grantor's expense.
4. No substantial landscape items will be installed within the limits of this easement to include
but not limited to trees, shrubs, landscape walls and similar type landscape material.
Limited groundcover landscaping will be subject to written approval by Grantee and any
landscape groundcover material previously approved by Grantee, and placed within
easement limits and subsequently removed due to Grantee's activity shall be replaced by
Grantee at Grantee's expense. Any landscape material placed within easement limits
without the approval of the Grantee will be removed at Grantor's expense.
5. Grantor reserves the right to require Grantee, at Grantor's expense, to remove and relocate
all improvements placed by Grantee upon said real property, upon determination by Grantor
that the same will interfere with future development of Grantor's property. Within 180 days
after Grantor's written notice and demand for removal and relocation of the improvements,
Grantee shall remove and relocate the improvements to a feasible location on the property of
Grantor, as designated by Grantor provided that Grantor shall grant Grantee with an
easement in such new location, on the same terms and conditions as herein stated, all
without cost to Grantee, and Grantee thereupon shall reconvey to Grantor the easement
herein granted.
6. Grantee agrees to use due care in any use of the easement herein granted and in the
construction, installation, repair, replacement and maintenance of Grantee's improvements
on the easement area as provided for herein so as not to unreasonably disturb Grantor's use
of its property.
\\Mdccafs02\data\PROJECT MANAGEMENT\PROJECTS\Regency @ University Park - Tr 16509\Water Dept\Grant
of Easement lot 8S.doc
PROJECT NAME: Regency at University Park
Tract 16509 Lot 85
APN: 0151-342-12
Certificate of Acceptance
This is to certifY that the interest in real property conveyed by the within instrument to Grantee,
the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of
the City Council, and Grantee consents to the recordation thereof by its duly authorized officer.
CITY OF SAN BERNARDINO
Date:
D0 - I q ~ oCa
\\Mdccafs02\data\PROJECT MANAGEMENT\PROJECTS\Regency @ University Park - Tr 16509\Water
Dept\Grant of Easement lot 8S.doc
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First American
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Electronically Recorded In Official Record&:, County of Sail 8ernardlno
RECORDING REQUESTED BY:
\.
Doc #: 2006.0070286
111111111111" I111I
LARRY WALKER
Aud ltor/Controller. Recorder
1I:l1/2006
D1~SRPM
AC
FIRST AMERICAN TITLE-NHS
824 First American Title Company
WHEN RECORDED MAIL TO:
Titles: Pages: 5
Fe_ 38.00
Taxes .00
Other .00
PAlD 3800
RICHMOND AMERICAN HOMES
OF CALIFORNIA, INC.
INLAND EMPIRE DIVISION
1305 CORONA POINTE COURT
CORONA, CA 92879
ATT: PRESIDENT
!D)~@~O~f[)\
lJ\\ ENGINEERING l!V
MAY 0 3 2005
1:1:rv OF .AN BERIIIARnlt-lO
MUNICIPAL WATER DEPARTMENT
GRANT DEED
(Title of Document)
e$crip1;ion: San Bernardino, CA Documen1;-rear.DocID 2006.70286 page: J o:L !S
rder: 05-03-2006 02-28-27 PM Comment: 015134212
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RightFax
RECORDING REQUESTED BY
First American Title Company - If) 1f.5
AND WHEN RECORDED MAIL TO:
. Richmond American Homes of California, Inc.
Inland Empire Division
1305 Corona Pointe Court
Corona, CA 92879
Attention: President
(Space above this line for Recorder's use)
? OYTI 0,..)
A.P.N.: t?~6/-;2.3/-~?
File No.: OMV-228417 (tm)
GRANT DEED
The Undersigned Grantor(s) Oeclare(s): DOCUMENTARY TRANSFER TAX $--,----; CITY TRANSFER TAX $0.00;
SURVEY MONUMENT FEE $_
{X 1 computed on the consideration or fun value of property conveyed. OR
[ ] computed on the consideration or full value less value ofliens and/or encumbrances remaining at time of sale,
[ J unincorporated area.; [XJ City of San Dcrnardino, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
University Park, LLC, a California limited liability company
organized under the laws of the State ofCaJifomia
hereby GRANTS to Richmond American Homes of California, Inc., a Colorado
corporation
the following described property in the City of San Be~ardino, County of San
Bernardino, State of California:
Lots 74 through 90, inclusive of Tract Map No. 16509-4, in the City of San Bernardino,
County of San Bernardino, State of California, as shown by map on file in Book 312,
pages 8 through 12, inclusive, of Tract Maps, as Document No. 2005-0748410, in the
Office of the County Recorder of San Bernardino County.
Mail Tax Statements To: SAME AS ABOVE
00628.00111319.1
e$Cript.1on: San Bernardino,CA Document-Year,DocID 2006.70286 page: 2 of"
rel.,r: 05-03-2006 02-28-27 PM Comment: 015134212._
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The grantee herein covenants by and for itself, its successors and assigns, and all persons
claiming under or fhrough them, that there shall be no discrimination against or
segregation of, any person or group of persons on account ofractJ, color, llftJtx.I, rdigion,
sex, marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or
any person claiming under or through it, established or penuit any such practice or
practices of discrimination or segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees, subtenants, sublessee, or vendees in the
premises herein conveyed. The foregoing covenants shall run with the land.
Dated: January fl, 2006
[SIGNATURE ON fOLLOWING PAGE]
e6crJ.peion: San Bernardino, CA Document-Year.DocID 2006.70286 page: 3 o~ .5
rder: 05-03-2006 02-28-27 PH Comment: 01513'212
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"
[SIGNATURE PAGE FOR GRANT DEED UNIVERSITY PARK, LLC, TO
RICHMOND AMERICAN HOMES OF CALIFORNIA, INC,]
Grantor:
University Park, LLC,
A Califor a limited liability company
By:
[NO ARY ACKNOWLEDGEMENT ATTACHED]
,
escr.1pt.1on: San Berna.rCf1no,CA Document-Year.DocID 2006.70286 page: 4 o~ 5
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. .
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
;S,.~,J~ll\"'~A;i(',(i~.~~~~&~~4:<"~~~-i~~~~~~~A..!
State of California
County ot Ora ~
On _~~~UlGk,
Dal~
before me,
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~erSOnallY known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/herllheir
authorized capacily(ies), and that by his/herltheir
signature(s) (m the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the:instrumenl.
Placa. Notary Se;ll Above-
y hand and official seal.
OPTIONAL
Though the inlol'mation below is nol required by faw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description 01 Attached Document -;... _ ~
Tille or Type of Document: (, va 'II.!- ~ ~ 0\.
Document Date ..i(l. "'. \ q, IJ)1:l \L.l
Signer(s) Other Than Named Above: Ai ('\yI1
Number of Pages:
-3
Capacity(ies) Claimed by Slgner(s)
Signor's Nome;
U Individual
o Corporate Officer - Title(s):
o Partner - CJ Limited !:J General
o Attorney In Fact Top of thomb here
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o Guardian or Conservator
o Other:
Signer's Namb:
o Individual.
o Corporate .Ofticer - Title(s):
o Partner -,0 Limited C General
U Attorney in Fact
o Trustee '
o Guardian Qr ConselVator
o Other: '
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Signer )s Repr.esenting:
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C 2004 Nalion.al No&lryAs~allon. 9350 De 3010 Ave., P.O. 60;012402. Cl1atliwtll1h, CA. 91313-2402. . 111M No. 5907 R"l",..:ftlr; CiIlI T\lll-Fl~ 1.600.a75-U27
escript1on: San Bernardino, CA Document-Year.DocID 2006.70286 page: " o~ S
rder: 05-03-2006 02-28-27 PM Comment: 015134212