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1 RESOLUTION NO. '7 Sl/
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2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN
3 AGREEMENT AND GRANT OF EASEMENT WITH THE STATE OF CALIFORNIA ACT-
ING BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES FOR A PORTION
4 OF NORTH PARK: CIRCLE DRIVE AT STATE STREET. AND ORDERING PAYMENT
THEREFOR.
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BE IT RESOLVED BY THE MAYO,R 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 llgreement and Grant of Easement with the state of
9 California acting by and through its Director of General Services
10 for a portion of North Park Circle Drive at state street, for
11 street and highway purposes.
12 SECTION TWO: That the said llgreement and Grant of Easement
13 referred to herein, a copy of which is attached hereto, marked
14 Exhibi t -A-, and is hereby referred to and made a part hereof
15 as fully as though set out at length herein, is hereby approved.
16 SECTION THREE: That the Mayor of the City of San Bernardino
17 is hereby authorized and directed to execute said llgreement and
18 Grant of Easement on behalf of the City of San Bernardino.
19 SECTION FOUR: That the City of San Bernardino is hereby
20 authorized to make payment for the herein described property in
21 the amount of One Dollar ($1.00).
22 I I HEREBY CERTIFY that the foregoing Resolution was duly
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23 I adopted by the Mayor and Common Council of the City of San
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24 : Bernardino at a ,h<~?.t.;:'t?i/ meeting thereof held on
25 I the /"''7Lf' day of~~ c./ltdlC/... , 1965, by the following
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26 Tote, to-wit:
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The foregoing Resolution is
of, ~ti,'d7
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day
Approved a s to form:
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hereby approved this
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I 1965.
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PAS - 104
10-8-63
EXHIBIT "An
AGREEMENT AND GRANT OF EASEMENT
THIS AGREEMENT AND GRANT OF
day of
CALI FORN lA, ac t i "g
hereinafter called
hereinafter called
EASEMENT, made and entered into this
, 196___, by and between the STATE OF
its Director of General Services,
City of San Bernardino, a Municipal Corpqration,
by and through
State, and the
Grantee:
.Ii ill:! I ~ ~ II.!:!:
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 California, described as follows:
(AS PER ATTACHED)
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LEGAL DESCRIPrION FOR NORTHPARK CIRCLE DRIVE THROUGH THE COLLEGE
PROPERTY .
Those portions of the South one-half of Section 8 and that portion
of the North one-half of the North one-half of Section 17, 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 Maps, page 24, records of the County Recorder of San Bernardino County,
State of California, lying 120.00 feet Southwesterly of, measured at right
angles to and parallel with the following described line:
Beginning at the most Westerly corner of the property conveyed to
the State of California by Deed recorded June 30, 1964, Instrument Number
255 in Book 6180, page 106, Official Records of said County, said point
being on the North line of the Wiggins Tract as per plat thereof recorded
in Book 3 of Maps, page 74, records of the County Recorder of said County;
thence Northwesterly alone; the arc of a curve having a radius of 2268.19
feet, said radius bearing North 31025'59" Eas~ from the point of besinning,
through a central angle of 36046'01", a distance of 1455.51 feet to a point
on the Westerly line of the property conveyed to the State of California by
Deed recorded October 29, 1964, Instrument Number 67 in Book 6261, page 338,
Official Records of said County, said point also being on the Easterly line
of the property conveyed to the City of San Bernardino as parcel number 1 in
the Deed recorded June 30, 1921 in Book 724, page 8 of Deeds, records of
said County and being South 210 48' East along said Easterly line, a distance
of 1~55.96 feet from its intersection with the Northeasterly line of a 10.00
foot parcel of land as conveyed to the City of San Bernardino by Deed recorded
February 9, 1925 in Book 860, page 374 of Deeds, records of said County, and
the point of termination.
Note: The Southwesterly line of said Easement shall be lengthened or
shortened so as to begin in the North line of said Wiggins Tract and to ter-
minate in said Westerly line of said State Property.
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Note: Basis of Bearing for the above easement is a bearing
of South 21048'00" East between G. E. Shearer corner
number 14 and corner number 15 as per Record of Survey
recorded in Book 4, pages 9 and 10, Records of
San Bernardino County.
Reference is made to a Right-of-Way map on file in the City
Engineer's Office, Plan No. 3198, for more particulars.
DATE
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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 :
I. This Grant is subject to all valid and existing contracts,
leases, licenses, easements. encumbrances, and claims of title which may
affect said property and the use of the word "Grant" herein shall 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 reel 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, agents. 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.
4.
property, In
wi th the use
State expressly reserves the right to the use of said reel
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
sha 11 reconvey to State the easement here I n granted.
6. This Eas~nent shall terminate in the event Grantee at any
time during the existence hereof, fails 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 rights 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 hos beon
e~ecuted In quadruplicate by the parties hereto as of the date first above
written.
Attest :~I-L e:- ~J
Ci ty Clerk
APPROVED: Trustees, California
Sta.te Colleges
STATE OF CALIFORNIA
Robert L. Harkness
Director of General Services
By
CITY OF SAN BERNARDINO
~~I;~~..d
ayor
Approved as to form:
Ci ty Attorney
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