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RESOLUTION NO. 7.. -7/ /)
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN
AGREEMENT AND GRANT OF EASEMENT WITH THE STATE OF CALIFORNIA ACT-
ING BY AND THROUGH ITS DIRECTOR OF GENERAL SERVE ES FOR A PORTION
OF WESTERN AVENUE, NORTH OF NORTH PARK CIRCLE, DRIVE, AND ORDERING
PAYMENT THEREFOR. '
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION ONE: That the City of San Bernardino execute and
8 accept an Aqreement and Grant of Easement with the state of
9 California actinq by and through its Director of General Services
10 for a portion of Western Avenue, North of North Park Circle Drive,-
11 , for street and highway purposes.
12 SECTION TWO: That the said Agreement and Grant of Easement
13 referred to herein, a copy of which is attached hereto, marked
14 Exhibit -A-, and is hereby referred to and made a part hereof
15 I as fully as though set out at length herein, is hereby approved.
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SECTION THREE:
That the Mayor of the City of San Bernardino
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The
foregoing Resolution is
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PAS - 104
10-8-63
EXHIBIT "An
AGREEMENT AND GRANT OF EASEMENT
THIS AGREEMENT AND GRANT OF EASEMENT, made and entered Into this
day of , 196___, by and between the STATE OF
CALIFORNIA, acting by and through its Oirector of General Services,
hereinafter called State, and the City of San Be.rnardino. a Municiual Co~oration,
hereinafter called Grantee:
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That the State, pursuant to the provisions of Section 13105 of
the Government Code of the State of California, and in consideration of the
sum of $1.00 , receipt of which is hereby acknowledged, does
grant unto Grantee, Its successors and assigns forever, an easement to
construct, use, maintain, alter, add to, repair and replace a road upon,
over and across that certain real property situated in the County of
San Bernardino , State of Cal ifornia, described as follows:
(AS PER ATrACllED)
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LEGAL DESCRIPTION OF WESTERN AVENUE FROM NORTH PARK CIRCLE DRIVE NORTH
TO THE END TdEREOF
That portion of the Northeast one-quarter of Section 17 o.nd that
portion of the Southeast one-quarter of Section 8, all in Township 1 North,
Range 4 West, San Bernardino Meridian, if said Section lines were extended
across the Rancho Muscupiabe as per plat thereof recorded in Book 1 of Y~ps,
page 24, records of the County Recorder of San Bernardino County, State of
California, lying 50.00 feet on each side of the following described
centerline:
Commencing at a point in the North line of said Section 17, which
point is West thereon a distance of 90.00 feet from the Northwest corner
or Section 16 of said Township and Range as per map by George E. Sherer on
file in the County Surveyor's Office of said County as file number 1069;
thence North 0020'20" West (recorded South 0027'50" East), a distance of
60.00 feet to the beginning of a ta.ngent curve, concave Westerly and having
a radius of 1425.24 feet, being the True Point of BegiIllling, said point being
on the South line of the property conveyed to the State of California by Deed
recorded June 25, 196!f as instrument n\ll1lber 39 in Book 617(, pace 801,
Official Records of said County; thence Northerly along the arc of said
curve, through a central angle of 17009'25" a distance of 426.78 feet; thence
North 17029'45" ilest, to.ngent to said curve, a distance of 29.57 feet to the
beginning of a tangent curve, concave Easterly und having a radius of 1266.30
feet; thence Northerly along the arc of said curve, through a central ungle
of 19016'20" a distance of 425.94 feet; thence North 0046'35" East, tangent
to said last mentioned curve, a distance of 596.89 feet, more or less, to its
intersection with the Westerly prolongation of a line having a bearing of
North 86023'38" ,lest and a distance of 1291.52 feet, as delineated on the
Record of Survey ~lap recorded in Book 21, pages 98 and 99, Records of Survey
of said County, and the point of termination.
Note: The side lines of said Easement shall be lengthened or shortened
so as to begin and terminate in the same lines as the centerline herein
described.
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Note: Basis of Bearing for the above legal description is a
bearing of North 60026' West for the centerline of Kendall Drive as
per City Field Notes on file in the City Engineer's Office,
San Bernardino, California.
Reference is made to a Right of Way map on file in the City
Engineer's Office, Plan Ho. 3195 for more particulars.
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PROVIDED, HOWEVER, that this Grant of Easement by State is made
under and subject to the following terms and conditions which Grantee hereby
accepts:
1. This Grant is subject to all valid and existing contracts,
leases, licenses, easements, encumbrances, and claims of title ~,Ich may
affec t sa I d property and the use of the word "Grant" herel n sha 11 not be
construed as a covenant against the existence of any thereof.
2. Grantee, its agents and employees, shall have the right of
ingress to and egress from said Easement, using the most practicable routes.
3. Grantee hereby waives all claims against the State, its
officers, agents, and employees, for loss or damage caused by, arising out
of, or in any way connected with the use by Grantee of said real property
or the exercise of said Easement, and Grantee agrees to save harmless and
indemnify the State, its officers, agents, and employees, from any and all
loss, damage and liability which may be suffered or Incurred by the State,
its officers, 8gents, and employees caused by, arising out of, or in any way
connected with the use by Grantee of said real property or the exercise of
said Easement.
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property, In
wi th the use
State expressly reserves the right to the use of said real
any manner, provided such use does not unreasonably Interfere
of the Easement herein granted.
5. State expressly reserves the right to require Grantee, at
the expense of State, to remove and relocate all Improvements placed by
Grantee upon the Easement upon determination by State that said Improvements
Interfere with the future development of State's real property. Grantee
agrees that within one hundred eighty days after written notice from State
of such determination by State and demand for removal and relocation of said
Improvements, Grantee shall remove and relocate said Improvements to a feasible
location on the property of the State, and State shall furnish Grantee with an
easement for said improvements In such new location, and Grantee thereupon
shall reconvey to State the easement herein granted.
6. Th I s Easement sha 11 terml nate I n the event Grantee at any
time during the existence hereof, falls for a continuous period of eighteen
months to use said Easement for the purposes herein granted. In the event
of such termination Grantee shall deliver to State within thirty days after
service of written demand therefor a quitclaim deed to the rl~lts arising
hereunder, and shall, If requested by State, and without expense to State,
and within ninety days from such time as State may notify Grantee, remove all
property and equipment placed by or for Grantee upon said property and restore
said premises as nearly as possible to the same condition they were In prior
to the execution of this Easement. In the event Grantee should fail to
restore the premises in accordance with such request, State may do so at the
risk of Grantee, and all cost and expense of such removal and restoration
shall be paid by Grantee upon demand.
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IN WITNESS WHEREOF, this Agreement and Grant of Easement has be~n
executed In quadruplicate by the parties hereto as of the date first above
written.
Attest:rJ/0C: ~
Ci ty Clerk
APPROVED: Trustees, California
State Colleges
STATE OF CALIFORNIA
Robert L. Harkness
Director of General Services
By
CITY OF SAN BERNARDINO
~~c<~,..tI~
ayor
Approved as to form:
Ci ty Attorney
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