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RESOLUTION NO. /~7..i
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZlNG 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 SERVICES FOR A PORTION
OF STAfi: STREET, SOUTH OF NORTH PARK C:j:RCLE 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 Jlqreement and Grant of Easement with the State of
9 California acting by and through its Director of General Services
10 I for a portion of State Street, South of North Park Circle Drive,
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11 for street and highway purposes.
12 SECTION TWO: That the said Jlqreement 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 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 Aqreement 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 i the amount of One Dollar ($l.OO)~
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I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a ~AJ meeting thereof held on
the ..,1'<?:tJ'daY of, .d7' 1965, by the followinq
26 I vote, to-wit: 7'
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28 AYES: ~~Z;c--,.a:~ ~ 'y/ -- F /
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NOES: '7z--J'/l-t :/ ABSENT: ftnzL-.-
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The foregoing Resolution is hereby approved this
of ~h'JA17 ' 1965.
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Approved as to form:
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PAS - 104
10-8-63
EXHIBIT "A"
AGREEMENT AND GRANT OF EASEMENT
THIS AGREEMENT AND GRANT OF
day of
CALIFORNIA, acting
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 Corppration,
by and through
Sta te, and the
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 One Dollar , 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 ATTACHED)
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That portion of the following described parcel of land lying 1<ithin
the boundaries of that certain parcel No. lA as conveyed to the State
of California, by Deed recorded October 28, 1964, Instrument No. 204
in Book 6260, Page 712, Official Records of the County Recorder,
San Bernardino County, State of California, described as follmm:
That certain 300.00 foot parcel lying within that portion of the Northwest
one-quarter of Section le(, Township 1 North, Range 4 West, San Bernardino
if said Section lines were extended across the Huscllpiabe Rancho as per
plat thereof recorded in Book 7 of Haps, page 23, records of the County
Recorder, San Bernardino County, State of California and that portion of
the vliggins Tract as per plat thereof recorded in Book 3 of Maps, page
74, records ofthe County Recorder of said County, being 100.00 feet
North1<esterly of and 200.00 feet Southeasterly measured at right angles
to and parallel 1<ith the follo1<ing described line:
Commencing at the point of intersection of the center line of Kendall
Drive as conveyed to the County of San Bernardino by Deed recorded
November 13, 1925 in Book 39, Page 57, Official Records of said County
and the ,lest line of said Section 17; thence South 60034'56" East
(recorded South 60026' East) along said center line, a distance of 35.84
feet to the True Point of Beginning; thence North 58045'19" East, a distance
of 378.22 feet to the beginning of a tangent curve to the left, concave
Northwesterly and having a radius of 4000.00 feet; thence Northeasterly
along the arc of said curve, through a central angle of 09015'19", a disto.nce
of 646.1!~ feet; thence North 49030'00" East, tangent to said curve, a distance
of 563.31 feet to the point of termination.
The side lines of said parcel are to be lengthened or shortened so as to
commence on the Northeasterly right of way line of said Kendall Drive and
to terminate on a line that is 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 No. 255 in Book
6180, Page 106, Official Records of said County, a radial bears North
31025'59" East, from said most westerly corner of said State property;
thence along a curve concave to the Northeast o.nd having a radius of 2268.19
feet o.nd a. central o.ngle of 36046'01", a distance of 1455.51 feet to the
termination thereof.
Excepting therefrom any portion thereof lying within that certain parcel of
land conveyed to Ryland M. Thomason, a married man by deed recorded
November 30, 1962, Instrument No. 54 in Book 5810, page 124, Official
Records of said County.
Also excepting therefrom that portion conveyed to the San Bernardino County
Flood Control District by Deed recorded April 23, 1940, Instrument No. 18
in Book 1415, Page 37, Official Records of said County.
Note: Basis of Bearing for the above legal description is a bearir~ of
South 21048'00" East, bet1<een G. E. Shea.res corner number 14 and corner
number 15 a.s per Record of Survey recorded in Book 4, pages 9 and 10,
Records of said County.
Reference is made to a Right of Way map on file in the City Engineer's
Office, Plan No. 3181 for more particulars.
The grantor hereby releases and relinquishes to the grantee any and all
abutter's rights including access rights, appurtenant to grantor's re-
maining property.
~VED AS. TO r'sc;;;-.c"'y.~.1' !OO!,"
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DATE ~c.d. / C' /96.5
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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 which may
affect said property and the use of the word "Grant" herein shal I 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 1'oss 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, 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.
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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 sholl furnish Grantee with an
easement for sold Improvements In such new location, and Grantee thereupon
shall reconvey to State the easement herein granted.
6. This Easement shall terminate in 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 tennlnatlon 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 fall to
restore the premises In accordance with such request, State may do 50 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 abovo
written.
Attest ~tJ rt: ~~
Ci ty Clerk
APPROVED: Trustees, California
State Colleges
STATE OF CALIFORNIA
Robert L. Harkness
Director of General ServIces
By
CITY OF SAN BERNARDINO
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Miyor Date
Approved as to form:
Ci ty Attorney
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