HomeMy WebLinkAbout17-Development Services
C CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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From: Valerie C. Ross, Director
Subject: Resolutions authorizing the execution of
acceptance of: (I) a right of way easement for a
portion of Northpark Boulevard, south of Campus
Parkway; (2) an easement for traffic signals and
handicap ramps at Northpark Boulevard and Sierra
Drive; (3) an easement for landscape maintenance
along the northwesterly side of Northpark Boulevard,
south of Campus Parkway, all from California State
University; and (4) an Assignment from Park-
University, LLC, of an Agreement and Grant of
Easement from California State University for the area
southerly of Campus Parkway and northwesterly of
Northpark Boulevard.
Dept: Development Services
Date: November 29, 2007
File Nos. 15.02-1513,1517 MCC Date: December 3, 2007
Synopsis of Previous Council Action:
02-06-1967 - Resolution No. 853 was adopted, accepting an easement from the State of
California for the northerly extension of North park Boulevard was adopted.
03-14-2005 - Resolution No. 2005-59 creating Assessment District No.1 036 in the Northpark
Boulevard and Campus Parkway areas was adopted.
11-05-2007 - Resolution No. 2007-430, vacating a portion of Northpark Boulevard and
Campus Parkway was adopted.
Recommended Motion:
Adopt Resolutions (4).
~t.~
Valerie C. Ross
Contact person:
Laszlo "Les" Fogassy
Phone:
5026
Supporting data attached: StaffReportlMaps/Resolutions
Assignment & Easement Docs.
FUNDING REQUIREMENTS: Amount: None
Ward:
5
Source: (Acct. No.) N/A
(Acct. Description)
Finance:
Council Notes:
J:l-;-O'J
Agenda Item No. I ry
3 '7ef replD.e.emeYlf I~Jc:
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolutions authorizing the execution of acceptance of: (I) a right of way easement for a portion
of Northpark Boulevard, south of Campus Parkway; (2) an easement for traffic signals and
handicap ramps at Northpark Boulevard and Sierra Drive; (3) an easement for landscape
maintenance along the northwesterly side of North park Boulevard, south of Campus Parkway, all
from California State University; and (4) an Assignment from Park-University, LLC, of an
Agreement and Grant of Easement from California State University for the area southerly of
Campus Parkway and northwesterly of North park Boulevard.
BACKGROUND:
In February 1967, the State of California granted an easement for right of way purposes to the
City of San Bernardino, for the northerly extension of Northpark Boulevard. As a result of a re-
alignment of Northpark Boulevard relative to the subdivision and development of the area
northwesterly of Northpark Boulevard and southerly of Campus Parkway by Watson &
Associates (Tract No. 16509), the vacation of the old aligmnent of Northpark Boulevard was
approved on November 5, 2007, by Resolution No. 2007-430. The State of California, through
the State University, has executed a new easement document over the present alignment.
Part of the ongoing improvements in this area require the installation of traffic signals and
handicap ramps at Northpark Boulevard and Sierra Drive, which is a private street across State
University property but adjoins Northpark Boulevard. To facilitate the installation and
maintenance of these improvements, the State has executed a Grant of Easement to the City.
In March 2005, Assessment District No. 1036 was approved for the maintenance of landscaping
and various other improvements relative to Tract No. 16509. Part of the maintenance area
includes a parcel of State University owned property, southerly of Campus Parkway and
northwesterly of Northpark Boulevard. An easement was granted to Park-University, LLC for
the installation of landscaping. Within that easement document was the provision to assign the
easement to the City of San Bernardino for ongoing maintenance under Assessment District No.
1036.
Due to the realignment of Northpark Boulevard, as stated above, a small strip of land adjoining
and southerly of the maintenance area was inadvertently omitted from the easement, which could
create access and maintenance problems. To eliminate this conflict, the State University has
executed a Grant of Easement for landscape maintenance to the City for this area.
The attached resolutions authorize and direct the acceptance of the various easement documents
stated above.
FINANCIAL IMPACT:
None.
RECOMMENDA nON:
Adopt Resolutions (4).
Area of RIW Easement L.andscape
Easement Aalgnement of
Easement & Traffic S/gnallHandlcap
Ramp Easement
No Scale
5th 51.
Mill 51.
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Various easements to be granted to the
City for right of way. landscape
maintenance. traffic signals and
handicap ramps in the Northpark
Boulevard and Campus Parkway area
Created by: La~z/o Foqa~~y Date: 1I-01V1
~ indicates un-incorporated areas
~ within City's Sphere of Influence
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Landscape \
Easement to be
Assigned to the Ci~
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Landscape Eas~ent \
being granted by the
State University to the
City
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Northpark Boulevard
Right of Way easement
being granted by the
State University to the
City
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
11/07/2007 f.HM-Pi Itl7/n
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PROPOSED EASEMENT FOR TRAFFIC
IGNALS, HANDICAP RAMP AND
PPURTENANT FACILITIES
CITY OF SAN BERNARDINO
PUBLIC WORKS/ENGINEERING
REAL PROPERTY SECTION
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APN, 0265-031-21
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Detail "AU
P.OR
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N.T. .
Created by: j, ;::CtWI-JJ
Date: ,,('7/
File No. 15.02-1513
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF ACCEPTANCE OF A GRANT OF EASEMENT
FROM THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY FOR THE
REALIGNMENT OF NORTHPARK BOULEVARD RIGHT OF WAY, SOUTHERLY OF
CAMPUS PARKWAY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of the City, acceptance of a Grant of Easement from the Trustees of
the California State University for the realignment of North park Boulevard right of way, southerly
of Campus Parkway, subject to the conditions as set forth therein and more specifically described
in said Grant of Easement, a copy of which is attached hereto as Exhibit "I" and made a part
hereof.
III
III
lUo /7 A.
11/08/07
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF ACCEPTANCE OF A GRANT OF EASEMENT FROM THE TRUSTEES OF THE
CALIFORNIA STATE UNIVERSITY FOR THE REALIGNMENT OF NORTHP ARK BOULEVARD
RIGHT OF WAY, SOUTHERLY OF CAMPUS PARKWAY.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof
held on the
day of
, 20_, by the following vote, to wit:
Council Members: A YES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of ,20_.
PATRICK J. MORRIS, Mayor
City of San Bernardino
Approved as to form:
ES F. PENMAN
ty Attorney
11/08/07
2
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TLR No. 58 04-01
City File No.:
Location:
APN:
RECORDING REQUESTED BY:
The Trustees of The California State University
WHEN RECORDED MAIL TO:
The California State University
401 Golden Shore
Long Beach, California 90802-4210
Attention: Land Records. CPDC
NO FEE FOR GOV'T. AGENCY PER G.c. 27383
- SPACE ABOVE THIS LINE FOR RECORDER'S USE-
GRANT OF EASEMENT
This Grant of Easement is entered into by and between the Trustees of The California State University,
hereinafter called Trustees, and the City of San Bernardino, hereinafter called Grantee.
Trustees, pursuant to the provisions of Section 89048 of the California Education Code, and in
consideration of the mutual promises contained herein and the public benefit provided, hereby grant unto
Grantee, its successors and assigns, an easement to construct, use, maintain, alter, repair and replace a
public road and appurtenant facilities upon, over and across that certain real property described on Exhibit
"A" and shown on Exhibit "B", attached hereto and by this reference made a part hereof.
THE PROVISIONS ON PAGE 2 HEREOF CONSTITUTE APART OF TillS GRANT OF
EASEMENT.
Date
AP1l!!"A-=~ _
David Mauro
Vice President, Administration and Finance
California State University, San Bernardino
APPROVED AND ACCEPTED: CITY OF SAN
BERNARDINO (GRANTEE)
APPROVED: TRUSTEES OF THE CALIFORNIA
STAT IVE IT
By
Patrick J. Morris, Mayor
Attest:
By
EI vyra F San
Assistant Vice Ch ncellor
Capital Planning, Design & Construction
City Clerk
Approved as to form:
James F. Penman, City Attorney
EXHIBIT "1"
TLR :'lo. S8 04-01
PROVIDED, this Agreement and Grant of Easement is subject to the following terms and conditions:
I. ThIs Grant of Easement is subject to existing contracts. leases. licenses. easements, encumbrances. and claims
which may affect said real property and the use of the word "Grant" herein shall not be construed as a
covenant against the existence of any thereof.
2. Grantee agrees that any improvements or other property installed under the authority of this easement shall be
well and safely maintained by Grantee at all times while this Grant of Easement is operative.
3. Grantee waives all claims against Trustees, its officers, agents, and employees, for loss or damage caused by,
arising out of, or in any way connected with the exercise of this easement, and Grantee agrees to save
harmless, indemnify, and defend Trustees, its officers, agents, and employees, from any and all loss, damage
or liability which may be suffered or incurred by Trustees, its officers, agents, and employees caused by,
arising out of, or in any way connected with exercise by Grantee of the rights hereby granted. except those
arising out of the sole negligence ofTrustees.
4. Trustees reserve the right to use said real property in any manner, provided such use does not unreasonably
interfere with Grantee's rights hereunder.
5. As partial consideration for this Grant of Easement, Grantee shall vacate, as promptly as practical, the road
easement recorded March 9, 1967, in Book 6785, Page 227, Official Records of San Bernardino, California.
Grantee shall ensure that both the Grant of Easement and the Vacation Resolution shall be recorded
simultaneously.
6. This easement shall terminate in the event Grantee fails for a continuous period of 18 months to use the
easement for the purposes herein granted. Upon such termination, Grantee shall forthwith upon service of
written demand, vacate this easement pursuant to Streets and Highways Code Section 8300 et. seq., and shall
initiate proceedings to vacate said easement within 90 days from written demand by Trustees to vacate said
easement subject to all findings being made as required in said Streets and Highways Code Section. Cpon the
successful completion of the vacation of this easement and upon service of written dernaod by Trustees,
without cost to Trustees and within 90 days from said written demand, Grantee shall remove all
improvements or other property placed by or for Grantee upon Trustees' real property and restore the
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, Trustees may do so at
the risk of Grantee, and all costs of such removal and restoration shall be paid by Grantee upon demand.
PJc;e :! of ~
UH8T "A"
DESCRIPTION
Parcel A
A portion of that part of Sections 7 and 8, Township I North, Range 4 West, San Bernardino
Meridian (unsurveyed), lying within the Rancbo Muscupiabe, per plat recorded in Book 7 of
Maps, Page 23, records of San Bernardino County, State of California, more particularly
described as follows:
Beginning at Comer Number 14, as established by George E. Sherer, on the Map on file in the
Office of the County Surveyor, as C.S. No. 1780; thence North 00027'54" West, along the east
line of that parcel of land conveyed to the City of San Bernardino as Parcel 1 by instrument
recorded in Book 724 of Deeds, Page 8 in the Office of the Recorder of said County, 20.63 feet
to a point on the northerly boundary of the J. R. Munn Jr. property (136.350 acres, more or less),
as delineated and shown on that certain map filed in Book 21, Pages 98 and 99 of Records of
Surveys, in the Office of the County Recorder; thence along said northerly boundary, North
67058'28" East, 168.69 feet; thence continuing along said boundary, South 36016'00" East,
46.01 feet; thence leaving said boundary, South 68014'47" West, 187.71 feet to the east line of
that parcel of land conveyed to the City of San Bernardino as Parcel 1 by instrument recorded in
Book 724 of Deeds, Page 8 in the Office of the Recorder of said County; thence along said east
line, North 21045' 13" West, 24.52 feet to the Point of Beginning.
Containing 0.18 acres more or less.
Parcel B
A portion oftbat part of Section 8, Township 1 North, Range 4 West, San Bernardino Meridian
(unsurveyed), lying within the Rancho Muscupiabe, per plat recorded in Book 7 of Maps, Page
23, records of San Bernardino County, State of California, more particularly described as
follows:
Commencing at Comer Number 14 as delineated on the G.E. Sherer survey on file in the County
Surveyor's Office as C.S. No. 1780, said point being on the easterly line of the property
conveyed to the City of San Bernardino as Parcel Number 1 in the Deed recorded in Book 724,
Page 8 of Deeds, records of said County; thence South 21045' 13" East, 809.03 feet to the Point
of Beginning, said point being the beginning of a curve, concave easterly, baving a radius of
440.00 feet, the radius point ofwbich bears North 68014'47" East; thence northeasterly from a
tangent which bears North 21045' 13" West, along said curve through a central angle of
45019'04", a distance of348.02 feet to a tangent compound reverse curve, concave westerly,
baving a radius of 560.00 feet; thence along said curve, through a central angle of28047' II", a
distance of281.35 feet; tbence South 67043'19" West, 25.64 feet; thence :-<orth 36016'00" West,
240.76 feet; thence South 68014'47" West, 29.88 feet; tbence South 66045' 13" East, 26.87 feet;
tbence Soutb 21045' 13" East, 54.49 feet to a tangent curve, concave westerly, baYing a radius of
440.00 feet, thence along said curve, through a central angle of 450 19'04", a distance of 348.02
feet to a tangent compound reverse curve, concave easterly, having a radius of 560.00 feet;
L:ESCR:;:PT:O!-J t-h)R":'El?~~K FROM CS:":SB 7-: ;-1):. coe
thence along said curve, through a central angle of 07006'16", a distance of 69.44 feet; thence
South 21045'13" East, 346.41 feet to the Point of Beginning.
Containing 1.34 acres more or less.
This description was prepared by me
or under my direction in conformance
with the Land Surveyor's Act.
TRANSTECH ENGINEERS, INC.
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PIPELINE EASEMENTi~ '\ 1\ ...." ///{'// /
TO CALIFORNIA D. W.R\ \ /;' t ..
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CALiFORNiA STATE
UNiVERSiTY
SAN BERNARDiNO
R/B 21/98
SCALE: 1"=100'
PARCEL A
PARCEL B
0.18 ACRES~ -.1
1.34 ACRES I. /1
TRANSTE:CH ENGINEERS. INC.
624 BREA CANYON ROAD
WALNUT, CA 91789
BEARING ELTA
N 67'4J'19" E
S 6874'47" W
S 66'45'IJ" E
S 21'45'13" E
N 00'27'54" W
N 3676'00" W
N 6874'47" E
N 2/'45'13" W
RADIUS
LENGTH
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29.88
26.87
54.49
20.63
46.01
187.71
24.52
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560.00
69.44
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
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to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/shelthey executed the same in hislherltheir authorized
capacity(ies), and that by hislher/their signature(s) on the
instrument the person(s). or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and offi .
Signature
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.
Description of Attsched Document
Title or Type of Document:
Document Date;
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
D Corporate Officer - Titie(s):
C Partner - D Limited C General
~ Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer's Name:
C Individual
C Corporate Officer - Title(s):
C Partner - := Limited LJ General
~ Attorney in Fact
C Trustee
o Guardian or Conservator
DOther:
Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNE:H
Top at thumb here
Signer Is Representing;
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TLR No. SB 04-01
City File No.:
Location:
APN:
RECORDING REQUESTED BY:
The Trustees of The California State University
WHEN RECORDED MAIL TO:
The California State University
401 Golden Shore
Long Beach, California 90802-4210
Attention: Land Records CPDC
NO FEE FOR GOV'T. AGENCY PER G.c. 27383
- SPACE ABOVE THIS LINE FOR RECORDER'S USE-
GRANT OF EASEMENT
This Grant of Easement is entered into by and between the Trustees of Tbe California State University,
hereinafter called Trustees, and the City of San Bernardino, hereinafter called Grantee.
Trustees, pursuant to the provisions of Section 89048 of the California Education Code, and in
consideration of the mutual prornises contained herein and the public benefit provided, hereby grant unto
Grantee, its successors and assigns, an easement to construct, use, maintain, alter, repair and replace a
public road and appurtenant facilities upon, Over and across that certain real property described on Exhibit
"An and shown on Exhibit "B", attached hereto and by this reference made a part hereof.
THE PROVISIONS ON PAGE 2 HEREOF CONSTITUTE A PART OF TillS GRANT OF
EASEMENT.
AP~~~ _
David eMauro
Vice President, Administration and Finance
California State University, San Bernardino
Date
APPROVED AND ACCEPTED: CITY OF SAN
BERNARDINO (GRANTEE)
By
Patrick J. Morris, Mayor
Attest:
APPROVED: TRUSTEES OF THE CALIFORNIA
STAB:
By,,-- U
Elvyra San
Assistant Vice C cellor
Capital Planning, Design & Construction
City Clerk
,
TLR No. SB 04-01
PROVIDED, this Agreement and Grant of Easement is subject to the following terms and conditions:
1. This Grant of Easement is subject to existing contracts, leases, licenses, easements, encumbrances, and claims
which may affect said real property and the use of the word "Grant" herein shall not be construed as a
covenant against the existence of any thereof.
2. Grantee agrees that any improvements or other property installed under the authority of this easement shall be
well and safely maintained by Grantee at all times while this Grant of Easement is operative.
3. Grantee waives all claims against Trustees, its officers, agents, and employees, for loss or damage caused by,
arising out of, or in any way connected with the exercise of this easement, and Grantee agrees to save
harmless, indemnify, and defend Trustees, its officers, agents, and employees, from any and all loss, damage
or liability which may be suffered or incurred by Trustees, its officers, agents, and employees caused by,
arising out of, or in any way connected with exercise by Grantee of the rights hereby granted, except those
arising out of the sole negligence of Trustees.
4. Trustees reserve the right to use said real property in any manner, provided such use does not unreasonably
interfere with Grantee's rights hereunder.
5. As partial consideration for this Grant of Easement, Grantee shall vacate, as promptly as practical, the road
easement recorded March 9, 1967, in Book 6785, Page 227, Official Records of San Bernardino, California.
Grantee shall ensure that both the Grant of Easement and the Vacation Resolution shall be recorded
simultaneously.
6. This easement shall terminate in the event Grantee fails for a continuous period of 18 months to use the
easement for the purposes herein granted. Upon such termination, Grantee shall forthwith upon service of
written demand, vacate this easement pursuant to Streets and Highways Code Section 8300 et. seq., and shall
initiate proceedings to vacate said easement within 90 days from written demand by Trustees to vacate said
easement subject to all findings being made as required in said Streets and Highways Code Section. Upon the
successful completion of the vacation of this easement and upon service of written demand by Trustees,
without cost to Trustees and within 90 days from said written demand, Grantee shall remove all
improvements or other property placed by or for Grantee upon Trustees' real property and restore the
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, Trustees may do so at
the risk of Grantee, and all costs of such removal and restoration shall be paid by Grantee upon demand.
Page 2 of2
$tn.IT .....
DESCRIPTION
Parcel A
A portion of that part of Sections 7 and 8, Township I North, Range 4 West, San Bernardino
Meridian (unsurveyed), lying within the Rancho Muscupiabe, per plat recorded in Book 7 of
Maps, Page 23, records of San Bernardino County, State of California, more particularly
described as follows:
Beginning at Corner Number 14, as established by George E. Sherer, on the Map on file in the
Office of the County Surveyor, as C.S. No. 1780; thence North 00027'54" West, along the east
line of that parcel of land conveyed to the City of San Bernardino as Parcel 1 by instrument
recorded in Book 724 of Deeds, Page 8 in the Office of the Recorder of said County, 20.63 feet
to a point on the northerly boundary of the J. R. Munn Jr. property (136.350 acres, more or less),
as delineated and shown on that certain map filed in Book 21, Pages 98 and 99 of Records of
Surveys, in the Office of the County Recorder; thence along said northerly boundary, North
67058'28" East, 168.69 feet; thence continuing along said boundary, South 36016'00" East,
46.01 feet; thence leaving said boundary, South 68014'47" West, 187.71 feet to the east line of
that parcel ofland conveyed to the City of San Bernardino as Parcell by instrument recorded in
Book 724 of Deeds, Page 8 in the Office of the Recorder of said County; thence along said east
line, North 21045' 13" West, 24.52 feet to the Point of Beginning.
Containing 0.18 acres more or less.
Parcel 8
A portion of that part of Section 8, Township 1 North, Range 4 West, San Bernardino Meridian
(unsurveyed), lying within the Rancho Muscupiabe, per plat recorded in Book 7 of Maps, Page
23, records of San Bernardino County, State ofCalifomia, more particularly described as
follows:
Commencing at Corner Number 14 as delineated on the G.E. Sherer survey on file in the County
Surveyor's Office as C.S. No. 1780, said point being on the easterly line of the property
conveyed to the City of San Bernardino as Parcel Number 1 in the Deed recorded in Book 724,
Page 8 of Deeds, records of said County; thence South 21045'13" East, 809.03 feet to the Point
of Beginning, said point being the beginning of a curve, concave easterly, having a radius of
440.00 feet, the radius point of which bears North 68014'47" East; thence northeasterly from a
tangent which bears North 21045'13" West, along said curve through a central angle of
45019'04", a distance of 348.02 feet to a tangent compound reverse curve, concave westerly,
having a radius of 560.00 feet; thence along said curve, through a central angle of 28047' I 1", a
distance of 28 1.35 feet; thence South 67043' 19" West, 25.64 feet; thence North 36016'00" West,
240.76 feet; thence South 68014'47" West, 29.88 feet; thence South 66045' 13" East, 26.87 feet;
thence South 21045' 13" East, 54.49 feet to a tangent curve, concave westerly, having a radius of
440.00 feet, thence along said curve, through a central angle of 45019'04", a distance of348.02
feet to a tangent compound reverse curve, concave easterly, having a radius of 560.00 feet;
DESCRIPTION NORTH PARK FROM CSUSB 7-17-07.DOC
thence along said curve, through a central angle of 07006' 16", a distance of 69.44 feet; thence
South 21045'13" East, 346.41 feet to the Point of Beginning.
Containing 1.34 acres more or less.
This description was prepared by me
or under my direction in conformance
with the Land Surveyor's Act.
TRANSTECH ENGINEERS, INC.
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DESCRIPTION NORTHPARK FROM CSUSB 7-17-07.DOC
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CALiFORNiA STATE
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SCALE: '".100'
PARCEL A 0.'8 ACRES k ". "1
PARCEl B 1.34 ACRES I / / ~
NORTH PARK BOULEVARD
PER CITY RIGHT OF WAY
MAP 3198-R
L C BEARI/'JG ELTA RADIUS LE/'JGTH
L1 /'J 67"4J"9" E 25.64
L2 S 68"14'47" 29.88
LJ S 66"45"J" E 26.87
L4 S 21"45'1 J" E 54.49
L5 /'J 00"27'54" W 20.6J
L6 N .36"16'00" W 46.01
L7 /'J 68"14'47" E 187.71
L8 /'J 21"45'IJ" W 24.52
C1 It=07'06''6" 560.00 69.44
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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he/she/they executed the same in hislherltheir authorized
capacity(ies), and that by hislherltheir signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
Place Notary Seal Above
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.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHTTHur,lBPRINT
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@2006National Notary Association. 9350 De Boto Ave., P.O. Box 2402. Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF ACCEPTANCE OF A GRANT OF EASEMENT
FROM THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY FOR TRAFFIC
SIGNALS AND HANDICAP RAMP AT NORTHPARK BOULEVARD AND SIERRA
DRIVE, A PRIVATE STREET, NORTHERLY OF ASH STREET.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of the City, acceptance of a Grant of Easement from the Trustees of
the California State University for traffic signals and handicap ramp at Northpark Boulevard and
Sierra Drive, a private street, northerly of Ash Street, subject to the conditions as set forth therein
and more specifically described in said Grant of Easement, a copy of which is attached hereto as
Exhibit "1" and made a part hereof.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF ACCEPTANCE OF A GRANT OF EASEMENT FROM THE TRUSTEES OF THE
CALIFORNIA STATE UNIVERSITY FOR TRAFFIC SIGNALS AND HANDICAP RAMP AT
NORTHP ARK BOULEVARD AND SIERRA DRIVE, A PRIVATE STREET, NORTHERLY OF ASH
STREET.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof
held on the
day of
, 20 , by the following vote, to wit:
Council Members: AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,20_.
PATRICK J. MORRIS, Mayor
City of San Bernardino
Approved as to form:
.f7~
MES F. PENMAN
ity Attorney
11 108/07
2
TLR No. SB 07-02
City File No.: 15.02-1513
Location: Northpark & Sierra Dr.
APN: 0265-031-21
RECORDING REQUESTED BY:
The Trustees of The California State University
. WHEN RECORDED MAIL TO:
The California Stale University
401 Golden Shore
Long Beach, California 90802-4210
Attention: Land Records. CPDC
NO FEE FOR GOV'T. AGENCY PER G!" 27383 - SPACE ABOVE THIS LINE FOR RECORDER'S USE-
GRANT OF EASEMENT
This Grant of Easement is entered into by and between the Trustees of The California State University,
hereinafter called Trustees, and City of San Bernardino, hereinafter called Grantee.
Trustees, pursuant to the provisions of Section 89048 of the California Education Code, and in
consideration of the mutual promises contained herein and the public benefit provided, hereby grant unto
Grantee, its successors and assigns, an easement for construction, use, and maintenance of traffic signals,
handicap ramp, and appurtenant facilities, in, over, under, and across that certain real property described in
Exhibit "A", attached hereto and by this reference made a part hereof.
THE PROVISIONS ON PAGE 2 HEREOF CONSTITUTE A PART OF TmS GRANT OF
EASEMENT.
Date
ED:
Davi Mauro
Vice President, Administration & Finance
California State University, San Bernardino
APPROVED AND ACCEPTED: CITY OF SAN
BERNARDINO (GRANTEE)
APPROVED: TRUSTEESOFTHECALWORNlA
STATE E
By
Patrick J. Morris, Mayor
Attest:
By
Elvyra F. an Juan
Assistant Vice Chanc 1I0r
Capital Planning, Design & Construction
City Clerk
Approved as to form:
James F. Penman, City Attorney
EXHIBIT" 1 "
TLR No. SB 07-02
PROVIDED, this Agreement and Grant of Easement is subject to the following terms and conditions:
I. This Grant of Easement is subject to existing contracts, leases, licenses, easements, encumbrances, and claims
which may affect said real property and the use of the word "Grant" herein shall not be construed as a
covenant against the existence of any thereof.
2. Grantee agrees that any improvements or other property installed under the authority of this easement shall be
well and safely maintained by Grantee at all times while this Grant of Easement is operative.
3. Except for emergencies, Grantee shall provide to Trustees adequate advance written notice of its entering the
easement, and coordinate with Trustees all authorized activity in the easement in a manner agreeable to
Trustees.
4. Grantee waives all claims against Trustees. its officers, agents, and employees, for loss or damage caused by,
arising out of, or in any way connected with the exercise of this easement, and Grantee agrees to save
harmless, indemnify, and defend Trustees, its officers, agents, and employees, from any and all loss, damage
or liability which may be suffered or incurred by Trustees, its officers, agents, and employees caused by,
arising out of, or in any way connected with exercise by Grantee of the rights hereby granted, except those
arising out of the sole negligence of Trustees.
5. Trustees reserve the right to use said real property in any manner, provided such use does not unreasonably
interfere with Grantee's rights hereunder.
6. Trustees reserve the right to require Grantee, at Trustees' expense, to remove and relocate all improvements
placed by Grantee upon said real property, upon determination by Trustees that the same interfere with future
development of Trustees' property. Within 180 days after Trustees' 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 State, as designated by Trustees and Trustees shall furnish 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 Trustees the easement herein granted.
7. This easement shall terminate in the event Grantee fails for a continuous period of 18 months to use the
easement for the purposes herein granted. Upon such termination, Grantee shall forthwith upon service of
written demand, deliver to Trustees a quitclaim deed, to its right, title and interest hereunder, and shall, on
Trustees' request, without cost to Trustees and within 90 days from written demand by Trustees remove all
improvements or other property placed by or for Grantee upon Trustees' real property and restore the
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, Trustees may do so at
the risk of Grantee, and all costs of such removal and restoration shall be paid by Grantee upon demand.
Page 2 of2
Legal Description of Tramc Signal and Handicap Ramp Easement
EXHIBIT "A"
Commencing at the intersection of the centerline of University Parkway and Northpark
Boulevard, said point being on a curve, concave northeasterly having a radius of 2328.19 feet, a
radial from said point bears North 390 30' 52" East;
Thence northerly along said curve, and along said centerline of North park Boulevard, through a
central angle of280 44' 20", an arc distance of 1167.79 feet;
Thence continuing along said centerline of Northpark Boulevard, North 210 45' 13" West, a
distance of 249.68 feet;
Thence north easterly, at right angles to and leaving said centerline of North park Boulevard, a
distance of 60 feet to the easterly line of said Northpark Boulevard;
Thence southeasterly, along said easterly line, a distance of 31.62 feet to the True Point of
Beginning;
Thence leaving said easterly line, North 17" 04' 35" East, a distance of 16.98 feet;
Thence North 210 45' 13" West, a distance of28.85 feet;
Thence North 68014' 47" East, a distance of 15.70 feet;
Thence North 210 45' 13" West, a distance of21.84 feet;
Thence North 660 29' 01" West, a distance of37.09 feet to a point on said easterly line of
Northpark Boulevard;
Thence South 210 45' 13" East, along said easterly line, a distance of 90.02 feet to the True
Point of Beginning.
Contains 1,296.67 square feet, more or less.
TLR No. S807-02
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APN, 0265-031-21
Detail "A"
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FOR INFORMATION ONLY
DO NOT RECORD
PROPOSED EASEMENT FOR TRAFFIC
SIGNALS, HANDICAP RA..\.fP AND
APPURTENANT FACILITIES
CITY OF SAN BERNARDINO
PUBLIC WORKS/ENGINEERING
REAL PROPERTY SECTION
Created by: 1., Fd:-ru,,/
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
}
County of Lot, fmg-cl eS
On 10,0'-1.01 before me,
Dale
personally appeared
151\J'Yr a
1-1f1Agha~f;~g:ittb.'(eg~~':'i'YP"f~V71 i c.
&m Juan
Name(s) of Signer(s)
~personally known to me
-lItIIllfIC._
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o (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
helshelthey executed the same in hislherltheir authorized
capacity(ies), and that by hislherltheir signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
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:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
C Individual
[J Corporate Officer - Title(s):
C Partner - C Limited C General
[J Attorney in Fact
'~ Trustee
,----: Guardian or Conservator
Other:
Top of thumb here
Signer's Name:
C Individual
c:: Corporate Officer - Title(s):
C Partner - Q Limited [J General
C Attorney in Fact
c:: Trustee
:::; Guardian or Conservator
Cather:
RIGHT rHur,lfwRINT
OF SIGNER
RIGHT TIHJ~.mrf,INT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
':::::;'y'e'V~::::~~:'C'C:~..~;y":--'V'\......,,-,,,,,-............................~,~~~~_~~::;.v;;:~;;~~:~~~~~
@2oo6 National Notary Association. 9350 De Soto Ave.. PO. Box 2402. Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827
I I
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,
TLR No. SB 07-02
C;::ity File No.: 15.02-1513
Location: Northpark & Sierra Dr.
APN: 0265-031-21
RECORDING REQUESTED BY:
The Trustees of The California State University
WHEN RECORDED MAIL TO:
The California Stale University
401 Golden Shore
Long Beach, California 90802-4210
Attention: Land Records CPDC
NO FEE FOR GOV'T. AGENCY PER G.C. 27383
- SPACE ABOVE THIS LINE FOR RECORDER'S USE-
GRANT OF EASEMENT
This Grant of Easement is entered into by and between the Trustees of The California State University,
hereinafter called Trustees, and City of San Bernardino, hereinafter called Grantee.
Trustees, pursuant to the provisions of Section 89048 of the California Education Code, and in
consideration of the mutual promises contained herein and the public benefit provided, hereby grant unto
Grantee, its successors and assigns, an easement for construction, use, and ntaintenance of traffic signals,
handicap ramp, and appurtenant facilities, in, over, under, and across that certain real property described in
Exhibit "A", attached hereto and by this reference ntade a part hereof.
THE PROVISIONS ON PAGE 2 HEREOF CONSTITUTE A PART OF TIDS GRANT OF
EASEMENT.
Date
David auro
Vice President, Administration & Finance
California State University, San Bernardino
APPROVED AND ACCEPTED: CITY OF SAN
BERNARDINO (GRANTEE)
APPROVED: TRUSTEES OF lHE CALIFORNIA
STAT
Elvyra F an
Assistant Vice Chan ellor
Capital Planning, Design & Construction
By
Patrick J. Morris, Mayor
Attest:
B
City Clerk
Approved as 0 form:
~
TLR No. SB 07-02
PROVIDED, this Agreement and Grant of Easement is subject to the following tenns and conditions:
L This Grant of Easement is subject to existing contracts, leases, licenses, easements, encumbrances, and claims
which may affect said real property and the use of the word "Grant" herein shall not be construed as a
covenant against the existence of any thereof.
2. Grantee agrees that any improvements or other property installed under the authority of this easement shall be
well and safely maintained by Grantee at all times while this Grant of Easement is operative.
3. Except for emergencies, Grantee shall provide to Trustees adequate advance writteI1 notice of its entering the
easement, and coordinate with Trustees all authorized activity in the easement in a manner agreeable to
Trustees.
4. Grantee waives all claims against Trustees, its officers, agents, and employees, for loss or damage caused by,
arising out of, or in any way connected with the exercise of this easement, and Grantee agrees to save
harm1ess, indemnifY, and defend Trustees, its officers, agents, and employees, from any and all loss, damage
or liability which may be suffered or incurred by Trustees, its officers, agents, and employees caused by,
arising out of, or in any way connected with exercise by Grantee of the rights hereby granted, except those
arising out of the sole negligence of Trustees.
5. Trustees reserve the right to use said real property in any manner, provided such use does not unreasonably
interfere with Grantee's rights hereunder.
6. Trustees reserve the right to require Grantee, at Trustees' expense, to remove and relocate all improvements
placed by Grantee upon said real property, upon determination by Trustees that the same interfere with future
development of Trustees' property. Within 180 days after Trustees' 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 State, as designated by Trustees and Trustees shall furnish Grantee with an
easement in such new location, on the same tenns and conditions as herein stated, all without cost to Grantee,
and Grantee thereupon shall reconvey to Trustees the easement herein granted.
7. This easement shall terminate in the event Grantee fails for a continuous period of 18 months to use the
easement for the purposes herein granted. Upon such termination, Grantee shall forthwith upon service of
written demand, deliver to Trustees a quitclaim deed, to its right, title and interest hereunder, and shall, on
Trustees' request, without cost to Trustees and within 90 days from written demand by Trustees remove all
improvements or other property placed by or for Grantee upon Trustees' real property and restore the
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, Trustees may do so at
the risk of Grantee, and all costs of such removal and restoration shall be paid by Grantee upon demand.
Page 2 of2
I
Legal Description of Tramc Signal and Handicap Ramp Easement
EXHIBIT "A"
Commencing at the intersection of the centerline of University Parkway and Northpark
Boulevard, said point being on a curve, concave northeasterly having a radius of 2328.19 feet, a
radial from said point bears North 390 30' 52" East;
Thence northerly along said curve, and along said centerline of North park Boulevard, through a
central angle of280 44' 20", an arc distance of 1167.79 feet;
Thence continuing along said centerline of North park Boulevard, North 210 45' 13" West, a
distance of249.68 feet;
Thence north easterly, at right angles to and leaving said centerline of North park Boulevard, a
distance of 60 feet to the easterly line of said Northpark Boulevard;
Thence southeasterly, along said easterly line, a distance of 31.62 feet to the True Point of
Beginning;
Thence leaving said easterly line, North 17004' 35" East, a distance of 16.98 feet;
Thence North 210 45' 13" West, a distance of28.85 feet;
Thence North 68 0 14' 47" East, a distance of 15.70 feet;
Thence North 210 45' 13" West, a distance of21.84 feet;
Thence North 660 29' 01" West, a distance of 37.09 feet to a point on said easterly line of
Northpark Boulevard;
Thence South 21045' 13" East, along said easterly line, a distance of 90.02 feet to the True
Point of Beginning.
Contains 1,296.67 square feet, more or less.
TLR No. S8 07-02
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APN: 0265-031-21
Detail "A"
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FOR INFORMATION ONLY
DO NOT RECORD
PROPOSED EASEMENT FOR TRAFFIC
SIGNALS, HANDICAP RAMP AND
APPURTENANT FACILITIES
CITY OF SAN BERNARDINO
PUBLIC WORKS/ENGINEERING
REAL PROPERTY SECTION
Created by: i., Fr:J;;r.u<l
. , '" >
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~-~~~~-~ -~~ A" =
- l!!S~'-'-'-
===
County of _Lo S ~gd eS
On 10.0L/.07 before me,
Date
personally appeared ---.B:l\/'f ra
}
State of California
.S i
ame and Tl1Ie
~ayt Juan
Name(s) of Signer(s)
~ersonally known to me
o (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/shelthey executed the same in hislher/their authorized
capacity(ies), and that by hislher/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
Place Notary Seal Above
Signature
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.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capaclty(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Tille(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHTTHur\1BPRINT
OF SIGNER
RIGHTTHULlBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~ ,...............,. ,....,....,.... ~
C 2006 National Notary Association. 9350 De Soto Ave., P.O. Box 2402. Chatsworth, CA 91313-2402
,....,....,....
~
Item No. 5907 v609
Reorder: Call Toll-Free 1-8()()'876-6827
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF ACCEPTANCE OF A GRANT OF EASEMENT
FROM THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY FOR
LANDSCAPE INSTALLATION AND MAINTENANCE, GENERALLY LOCATED
ALONG THE NORTHWESTERLY SIDE OF NORTHPARK BOULEVARD,
SOUTHERLY OF CAMPUS PARKWAY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of the City, acceptance of a Grant of Easement from the Trustees of
the California State University for landscape installation and maintenance, generally located along
the northwesterly side of Northpark Boulevard, southerly of Campus Parkway, subject to the
conditions as set forth therein and more specifically described in said Grant of Easement, a copy
of which is attached hereto as Exhibit" I" and made a part hereof.
/II
/II
IUD . 17 e.
11/29/07
I
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF ACCEPTANCE OF A GRANT OF EASEMENT FROM THE TRUSTEES OF THE
CALIFORNIA STATE UNIVERSITY FOR LANDSCAPE INSTALLATION AND MAINTENANCE,
GENERALLY LOCATED ALONG THE NORTHWESTERLY SIDE OF NORTHPARK BOULEVARD,
SOUTHERLY OF CAMPUS PARKWAY.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof
held on the
day of
, 20_, by the following vote, to wit:
Council Members: A YES
ABSTAIN ABSENT
NAYS
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of ,20_
PATRICK J. MORRIS, Mayor
City of San Bernardino
Approved as to form:
.~
11/29/07
2
i",,_
,
TLR No. 58 07-03
RECORDING REQUESTED BY:
The Trustees of The California State University
WHEN RECORDED MAIL TO:
The California State University
401 Golden Shore
Long Beach, California 90802-4210
Attention; Land Records, CPDC
. SPACE ABOVE THIS LINE FOR RECORDER'S USE -
AGREEMENT AND GRANT OF EASEMENT
This Agreement and Grant of Easement is entered into by and between the State of California
through its Trustees of the California State University ("Trustees") and the City of San Bernardino
("Grantee").
Trustees pursuant to the provisions of Section 89048 of the California Education Code, and in
consideration of the mutual promises contained herein, hereby grant unto Grantee, its successors
and assigns, an easement, subject to the rights of Trustees reserved herein, onto, over, across,
under and above that certain real property described in Exhibit "A," attached hereto, for the
purposes of constructing, and maintaining a landscaped area and for ingress and egress for
pedestrians and construction, maintenance and emergency vehicles. This easement for a
landscaped area allows walkways, benches, and other hardscape and landscape appropriate for
relaxation, study, contemplation, and conversation but prohibits construction of recreational
equipment and scheduling for organized sports/activities. It is understood that the ownership of
the property is in the State of California dedicated to state university purposes and that Trustees
may terminate this easement at any time when Trustees determines the property is needed for
other purposes. Further, the Trustees may construct in the easement area signage, an
information booth, and other entrance structures welcoming visitors to the university campus. It is
also understood that Grantee shall be entitled to transfer the easement granted herein for
inclusion in the Grantee's Landscape Maintenance District.
PROVIDED, that this Agreement and Grant of Easement is subject to the following terms and
conditions:
1. This Agreement and Grant of Easement is subject to existing contracts, leases, easements,
encumbrances and claims which may affect said real property, and the use of the word
"Granf' herein shall not be construed as a covenant against the existence of any thereof.
2. Grantee agrees that any landscaping, improvements and other property installed under the
authority of this easement shall be well and safely maintained by Grantee at all times while
this grant of easement is operative.
3. Trustees shall have the right of free access to the easement area at all times in emergency
situations. In non-emergency situations, Trustees shall provide adequate notice to Grantee,
and shall coordinate university operations in the easement area in a manner mutually
agreeable between Grantee and the campus official designated on the signature page of this
document, or their respective delegates.
4. Grantee waives all claims against Trustees, its officers, agents and employees, for loss or
damage caused by, or arising out of, or in any way connected with the exercise of this
easement, and Grantee agrees to save and hold harmless, indemnify and defend Trustees,
its officers, agents and employees, from any and all loss, damage and liability caused by,
TLR SB 07-03 Page 1 of 2
EXHIBIT "1"
arising out of or in any way connected with the exercise by Grantee of the rights hereby
granted, except loss, damage and liability arising out of the sole negligence of the Trustees.
5. The covenants expressed herein shall bind successors and assigns and shall run with the
land.
Kathy ansen, Director
Proc rement and Support Services
California State University, San Bernardino
APPROVED AND ACCEPTED: CITY OF SAN
BERNARDINO (GRANTEE)
Attest:
City Clerk
APPROVED: TRUSTEES OF THE
::L1F~;I~ ~~l: ~;::ITY
~.~
Assistant Vice Chancellor
Capital Planning, Design & Construction
By:
Patrick J. Morris. Mayor
Approved as to form:
James F. Penman, City Attorney
Date
Date
lo/~/o7
TLR SB 07-03 Page 2 of 2
1..._,
DESCRIPTION
Parcel A
A portion of that part of Section 8, Township I North, Range 4 West, San Bernardino Meridian
(unsurveyed), lying within the Rancho Muscupiabe, per plat recorded in Book 7 of Maps, Page
23, records of San Bernardino County, State of California, more particularly described as
follows:
Commencing at Comer Number 14 as delineated on the G.E. Sherer survey on file in the County
Surveyor's Office as C.S. No. 1780, said point being on the easterly line of the property
conveyed to the City of San Bernardino as Parcel Number One in the Deed recorded in Book
724, Page 8 of Deeds, records of said County; thence South 21045'13" East, 462.62 feet to the
Point of Beginning, said point being the beginning of a curve, concave easterly, having a radius
of 560.00 feet, the radius point of which bears South 73032'25" East; thence northeasterly from a
tangent which bears North 16027'35" East, along said curve through a central angle of 4040'36",
a distance of 45.71 feet to the beginning of a non-tangent curve, concave easterly, having a
radius of 414.61 feet, the radius point of which bears South 61027'52" East; thence
southwesterly from a tangent which bears South 28032'08" West, along said curve through a
central angle of5034'13", a distance of 40.31 feet; thence South 21045'13" East, 7.50 feet to the
Point of Beginning.
Containing 110 square feet more or less.
This description was prepared by me
or under my direction in conformance
with the Land Surveyor's Act.
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PER BOOK 8503, ~, 'tl~ ~ I'
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CALiFORNiA STATE
UNiVERSiTY
SEE SAN BERNARDiNO
DETAIL 'A'
P.o.B.
PAR. A
RIS 211B8
PARCEL A 110 S.F.
V///~
BEARING EL TA
N 67'43'19" E
S 6814'47" W
S 66'45'13" E
S 21'45'13" E
N 00'27'54" W
N 3616'00" W
N 6814'47" E
N 21'45'13" W
RADIUS
LENGTH
25.64
29.88
26.87
54.49
20.63
46.01
187.71
24.52
tF07'06'16"
560.00
69.44
, _L.....__",.,.~..-.."
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~v-:<'A-x'..c':<'..c':<'A';(',i-X'D:..c<'~d~~'<''{'d~~d.g::.cr.A..-~..b('-,,--:<~~..cx'..cx'...-:<'A-x''..c':<'..c':<'..c':<'~
before me,
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State of California
County of Los ~e{e~
On ~O.1U.Ol
Date
~a.vt c. SM,tn
E1v V~ tSan ,\ lJO.(\
Name and Tille of Officer (e.g., "Jane Doe, Notary Public")
personally appeared
Name(s)of Signer(s)
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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 hislher/their authorized
capacity(ies). and that by his/her/their signature(s) on the
instrument the person(s). or the entity upon behalf of
which the person(s) acted, executed the instrument.
Place Notary Seal Above
Signature
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.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer - Title(s):
Partner - = Limited = General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Top of thUMb Ilere
Signer's Name:
= Individual
= Corporate Officer - Title(s):
= Partner - = Limited = General
= Attorney in Fact
= Trustee
= Guardian or Conservator
= Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
TOp of ~numb l-,ere
Signer Is Representing:
Signer Is Representing:
\~"':"",~' ",',~ \;."_':,:;~.'. ..'J:.': -'. -,A_.~_",-.~ _'::-" :::~ '-,,~.:'.,"- :~.'<: ~,.~.--',,~'. <7__"~"--;<.>~,Jy'" --'~'::__'v'_c<;,'<:_,,- ~ .,,;,... ,(:.~. ".... J", -'..~,j '''-',,':-''<;''':<.'\'- -'7--',;"-';:".':: '.~."':; :.... :'::;,'..:<;.,' -{.-Y--'V' .^~~ .C." .."'.'.' -'.
@2006 National Notary Assoc;ation . 9350 De Soto Ave" P.O. Box 2402' Chalsworth, CA 91313-2402
Uem No. 5907v609
Reorder: Call Toll-Free 1-800-876-6827
,J
TLR No. S8 07-03
RECORDING REQUESTED BY:
The Trustees of The California State University
WHEN RECORDED MAIL TO:
The California State University
401 Golden Shore
Long Beach, California 90802-4210
Attention: Land Records, CPDC
- SPACE ABOVE THIS LINE FOR RECORDER'S USE -
AGREEMENT AND GRANT OF EASEMENT
This Agreement and Grant of Easement is entered into by and between the State of California
through its Trustees of the California State University ("Trustees") and the City of San Bernardino
("Grantee").
Trustees pursuant to the provisions of Section 89048 of the California Education Code, and in
consideration of the mutual promises contained herein, hereby grant unto Grantee, its successors
and assigns, an easement, sUbject to the rights of Trustees reserved herein, onto, over, across,
under and above that certain real property described in Exhibit "A," attached hereto, for the
purposes of constructing, and maintaining a landscaped area and for ingress and egress for
pedestrians and construction, maintenance and emergency vehicles. This easement for a
landscaped area allows walkways, benches, and other hardscape and landscape appropriate for
relaxation, study, contemplation, and conversation but prohibits construction of recreational
equipment and scheduling for organized sports/activities. It is understood that the ownership of
the property is in the State of Califomia dedicated to state university purposes and that Trustees
may terminate this easement at any time when Trustees determines the property is needed for
other purposes. Further, the Trustees may construct in the easement area signage, an
information booth, and other entrance structures welcoming visitors to the university campus. It is
also understood that Grantee shall be entitled to transfer the easement granted herein for
inclusion in the Grantee's Landscape Maintenance District.
PROVIDED, that this Agreement and Grant of Easement is subject to the following terms and
conditions:
1. This Agreement and Grant of Easement is subject to existing contracts, leases, easements,
encumbrances and claims which may affect said real property, and the use of the word
"Granr herein shall not be construed as a covenant against the existence of any thereof.
2. Grantee agrees that any landscaping, improvements and other property installed under the
authority of this easement shall be well and safely maintained by Grantee at all times while
this grant of easement is operative.
3. Trustees shall have the right of free access to the easement area at all times in emergency
situations. In non-emergency situations, Trustees shall provide adequate notice to Grantee,
and shall coordinate university operations in the easement area in a manner mutually
agreeable between Grantee and the campus official designated on the signature page of this
document, or their respective delegates.
4. Grantee waives all claims against Trustees, its officers, agents and employees, for loss or
damage caused by, or arising out of, or in any way connected with the exercise of this
easement, and Grantee agrees to save and hold harmless, indemnify and defend Trustees,
its officers, agents and employees, from any and all loss, damage and liability caused by,
TLR SB 07-03 Page 1 of 2
arising out of or in any way connected with the exercise by Grantee of the rights hereby
granted, except loss, damage and liability arising out of the sole negligence of the Trustees.
5. The covenants expressed herein shall bind successors and assigns and shall run with the
land.
Kathy ansen, Director
Proc rement and Support Services
California State University, San Bernardino
APPROVED AND ACCEPTED: CITY OF SAN
BERNARDINO (GRANTEE)
APPROVED: TRUSTEES OF THE
::L1F~;I~ ~~~Y.~I::ITY
~~u
Assistant Vice Chancellor
Capital Planning, Design & Construction
By:
Patrick J. Morris, Mayor
Attest:
City Clerk
Approved as to form:
James F. Penman, City Attorney
Date ~ 1,~
(J
Date
tob.-iJo7
TLR SB 07-03 Page 2 of 2
DESCRIPTION
Parcel A
A portion of that part of Section 8, Township 1 North, Range 4 West, San Bernardino Meridian
(unsurveyed), lying within the Rancho Muscupiabe, per plat recorded in Book 7 of Maps, Page
23, records of San Bernardino County, State of California, more particularly described as
follows:
Commencing at Comer Number 14 as delineated on the G.E. Sherer survey on file in the County
Surveyor's Office as C.S. No. 1780, said point being on the easterly line of the property
conveyed to the City of San Bernardino as Parcel Number One in the Deed recorded in Book
724, Page 8 of Deeds, records of said County; thence South 21045' 13" East, 462.62 feet to the
Point of Beginning, said point being the begiuning of a curve, concave easterly, having a radius
of 560.00 feet, the radius point of which bears South 73032'25" East; thence northeasterly from a
tangent which bears North 16027'35" East, along said curve through a central angle of 4040'36",
a distance of 45. 71 feet to the beginning of a non-tangent curve, concave easterly, having a
radius of 414.61 feet, the radius point of which bears South 61027' 52" East; thence
southwesterly from a tangent which bears South 28032'08" West, along said curve through a
central angle of5034'13", a distance of 40.31 feet; thence South 21045'13" East, 7.50 feet to the
Point of Beginning.
Containing 110 square feet more or less.
This description was prepared by me
or under my direction in conformance
with the Land Surveyor's Act.
TRANSTECH ENGINEERS, INC.
\AND
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License Expires
DESCRIPTION NORTHPARK CSUSB remanent piece 10-15-07.DOC
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PIPELINE EASEMENT\\ '\ ~0.'!
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PER BOOK 8503, ~, ')I~i~.. ./'
PAGE I, O.R. , , . \ ~,
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TRACT 18509~1 ,\ 1\ \ ~
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CALiFORNiA STATE
UNiVERSiTY
SAN BERNARDiNO
SEE
DETAIL 'A'
P,O,s.
PAR, A
R/S 21/98
PARCEL A 110 s.F.
V///"i
BEARING ELTA
N 67'43'19" E
S 68'14'47" W
S 66'45'13" E
S 21'45'13" E
N 00'27'54" W
N 36'16'00" W
N 68'14'47" E
N 21'45'13" W
RADIUS
LENGTH
25.64
29.88
26.87
54.49
20.63
46.01
187.71
24.52
6=07'06'16"
560.00
69.44
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
- =:o-;=:..
=
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Date
}
\....aJIl c. S(\1,{\-1
tIv V~ ISM 1.\ uan
State of California
County of Los ~e.(e~
On ~t). '2.Lt .01
before me,
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared
Name(s) of SigrlElr(s)
)(personally known to me
1.- - - - - - :fi~'~:~~ 1
j ...... MIle . C"I ~.1 I
J. ---...
--=---
o (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/shelthey executed the same in hislherltheir authorized
capacity(ies), and that by hislherltheir signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
Place Notary Seal Above
Signature
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.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
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Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
DOther:
RIGHTTHUr,1BPRINT
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RIGHTTHUMBPRINT
OF SIGNER
Top 01 thumb here
Signer Is Representing:
Signer Is Representing:
- .~
@2006 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1.800-876.6827
~ The California State University
~ OFFICE OF THE CHANCELLOR
oorn~rnD\Y7rn~
OCT 1 8 2007
Capital Planning, Design & Construction
401 Golden Shore, 2nd Floor
Long Beach, CA 90802-4210
(562) 951-4135 FAX (562) 951-4923
Iwllson@calstate.edu
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
DEPARTMENT
October 15, 2007
Mr. Les Fogassy
Real Property Supervisor
City of San Bernardino
Development Services Department
300 North D Street
San Bernardino, CA 92418-0001
Dear Les;
Grant of Easement to City of San Bernardino - TLR No. SB 0702
Enclosed are two originals of the subject document, which grants an easement to the city for
traffic lights and handicap ramps at Sierra Drive and Northpark Boulevard. After the documents
are fully executed, please return one original to me and have the other recorded, and send a
copy of the recorded document to me also.
Thank you, l
;i~~
Linda Wilson
Land Use Planning Program Manager
Enc!.
c: Nadeem Shafi
File
Without enclosures
csu c.mp..... Fresno Monterey Bay San Francisco
Bakersfield Fulklrton Northridge San Jose
Channel Islands Humboldt Pomona San Lu~ Ob~po
Chico Long Beach Sacramento San Maroos
Dominguez Hills Los Angekls San Bemardino Sonoma
East Bey Maritime Academy San Dklgo Stanislaus
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF ACCEPTANCE OF AN ASSIGNMENT FROM
PARK-UNIVERSITY, LLC OF AN AGREEMENT AND GRANT OF EASEMENT FROM
THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY TO PARK-
UNIVERSITY, LLC FOR LANDSCAPE INSTALLATION AND MAINTENANCE
GENERALLY LOCATED ALONG THE NORTHWESTERLY SIDE OF NORTHPARK
BOULEVARD, SOUTHERLY OF CAMPUS PARKWAY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of the City, acceptance from Park-University, LLC of an Assignment
of an Agreement and Grant of Easement from the Trustees of the California State University to
Park-University, LLC for landscape installation and maintenance generally located along the
northwesterly side of Northpark Boulevard, southerly of Campus Parkway, subject to the
conditions as set forth therein and more specifically described in said Assignment of Agreement
and Grant of Easement, a copy of which is attached hereto as Exhibit "1" and made a part hereof.
III
III
;VD, If] D
11/29/07
I
, '
1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
2 EXECUTION OF ACCEPTANCE OF AN ASSIGNMENT FROM PARK-UNIVERSITY, LLC OF AN
AGREEMENT AND GRANT OF EASEMENT FROM THE TRUSTEES OF THE CALIFORNIA STATE
3 UNIVERSITY TO PARK-UNIVERSITY, LLC FOR LANDSCAPE INSTALLATION AND MAINTENANCE
GENERALLY LOCATED ALONG THE NORTHWESTERLY SIDE OF NORTHPARK BOULEVARD.
4 SOUTHERLY OF CAMPUS PARKWAY.
5
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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
meeting thereof
8 held on the
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day of
, 20_. by the following vote, to wit:
Council Members: AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
.20_
PATRICK 1. MORRIS, Mayor
City of San Bernardino
Approved as to form:
ES F. PENMAN
ty Attorney
I 1/29/07
2
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
City Hall
JUU N. "U" :>t:reet:
San Ilt"Illudiuu, CA 92418
(Space Above Line for Recorder's Use Only)
ASSIGNMENT OF AGREEMENT AND GRANT OF EASEMENT
This ASSIGNMENT OF AGREEMENT AND GRANT OF EASEMENT (this
"Assignment") is made on 2007, by Park-University, LLC, a California limited
liability company, ("Assignor"), in favor of The City of San Bernardino ("Assignee").
For valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Assignor hereby grants, conveys, transfers and assigns to Assignee all of
Assignor's right, title and interest in. to and under that certain Agreement and Grant of Easement,
a copy of which is attached hereto as Exhibit "A", by and between the State of California
through its Trustees of the California State University, as grantor, and Assignor, as grantee,
recorded on July 14, 2004, as Instrument No. 2004-0499253 Official Records of the County of
San Bernardino, State of California (the "Easement"), which relates to that certain real property
located in the County of San Bernardino, State of California and more particularly described in
Exhibit "8" attached hereto and incorporated herein by this reference.
Assignor shall indemnify, protect, defend and hold Assignee harmless from and against
any and all claims, demands, liabilities, losses, costs, damages or expenses (including, without
limitation, reasonable attorneys' fees and costs) arising out of or resulting from any breach or
default by Assignor under the Easement arising prior to the date hereof.
Assignor hereby covenants that it will, at any time and from time to time upon written
request therefor, at Assignee's sole expense and without the assumption of any additional
liability thereby, execute and deliver to Assignee, its successors and assigns, any new or
confirmatory instruments and take such further acts as Assignee may reasonably request to ti.Illy
evidence the assignment contained herein and to enable Assignee. its successors and assigns to
fully realize and enjoy the rights and interests assigned hereby.
Assignee hereby accepts the foregoing assignment and agrees to assume. pay. perform
and discharge. as and when due. all of the agreements and obligations of Assignor under the
Easement arising from and after the date hereof and agrees to be bound by all of the terms and
conditions of the Easement. The foregoing acceptance and assumption by Assignee is made for
the benefit of Assignor.
EXHIBIT "1"
00097U35/JS901. ]
t"~-1... ~ hi"
Assignee shall indemnify. protect. defend and hold Assignor harmless from and against
any and all claims. demands. liabilities. losses. costs. damages or expenses (including. without
limitation. reasonable attorneys' fees and costs) arising out of or resulting from any breach or
default by Assignee under the terms of the Easement arising on or after the date hereof.
The provisions of this Assignment will be binding upon. and will inure to the benefit of.
the successors and assigns of Assignor and Assignee, respectively.
This Assignment may be executed in any number of counterparts, each of which will be
deemed an original, but all of which when taken together will constitute one and the same
instrument. The signature and acknowledgment pages of any counterpart may be detached
therefrom without impairing the legal effect of the signature(s) and acknowledgment(s) thereon,
provided such signature and acknowledgment pages are attached to any other counterpart
identical thereto except having additional signature and acknowledgment pages executed and
acknowledged by other parties to this Assignment attached thereto.
[SIGNATURES ON NEXT PAGE]
(}(j11i7,tl3:'/.,l'Nllll
, '
IN WITNESS WHEREOF, Assignor and Assignee have caused their duly authorized
representatives to execute this Assignment as of the date first above written.
ASSIGNOR:
Park-University, LLC,
a California limited liability company
APPROVED AS TO FORM:
By:
James R. Watson, Manager
James F. Penmu,
City Attorney
ASSIGNEE:
By:
City of San Bernardino
By:
Name:
Title:
BY ITS SIGNATURE BELOW, THE STATE OF CALIFORNIA THROUGH ITS TRUSTEES
OF THE CALIFORNIA STATE UNIVERSITY, HEREBY CONSENTS TO THE
ASSIGNMENT OF THE EASEMENT BY ASSIGNOR TO ASSIGNEE:
Trustees of the California State University
By:
Name:
Title:
[CONTINUED ON NEXT PAGE]
on()Q703~:JSl)n] [
CERTIFICATE OF ACKi"JOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALlFOR."lIA, )
COlJNTY OF )
On before me,
notary public in and for said County and State ,personally appeared
, a
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 upon behalf of which the person(s), acted, executed the instrument.
WITNESS my hand and official seal.
(Signature of Notary Public)
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA, )
COUNTY OF )
On before me,
notary public in and for said County and State ,personally appeared
, a
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 hislher/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s), acted, executed the instmment.
WITNESS my hand and official seal.
(Signature of Notary Public)
uOOt)7,oJ1,'i/JXlJ01.1
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA, )
COUNTY OF )
On before me.
notary public in and for said County and State ,personally appeared
. a
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 his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person( s). acted. executed the instrument.
WIlNESS my hand and official seal.
(Signature of Notary Public)
II(jol)70J5l1X901 I
, '
EXHIBIT "A"
AGREEMENT AND GRANT OF EASEMENT
000970J.:'i/.1S901.1
'). .' I
al''''-7C)'' 7//c.
TlR No. S8 03-03
Recorded In OIfl~_'aI Re~ordr. Counrv 01 San BernardIno
~I:~ LARRY WALKER
. ;:::~:~:IJ: :::. - c.
Doc#: 2004 - 0499253
II i ~lIl"illl'~/lllllml'111'~ I~
7114/201
8:00 AA
CV
RECORDING REQUESTED BY:
The Trustees of The California State University
WHEN RECORDED MAIL TO:
The California State University
401 Golden Shore
Long Beach, California 90802-4210
Atten.tion: Land Records. CPDC
mi..: 2
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- SPACE ABOVE THIS LINE FOIl RECORDER'S USE _
AGREEMENT AND GRANT OF EASEMENT
This A9reement and Grant of Easement is entered into by and between the State of Caiifornia
through its Trustees of the Califomia State University, ("Trustees") and Park-University LLC, a
California limited liability company ("Grantee").
Trustees pursuant to the provisions of Section 89048 of the California Education Code, 'alld' in
consideration of the mutual promises contained herein, hereby grant unto Grantee, its Successors
and assigns, an easement, subject to the rights of Trustees reserved herein, onto, over, across,
under and above that certain real property described in El<hiblt "A," attached hereto, for the
purposes of constructing, and maintaining a iandscaped area and for ingress and egress for
pedestrians and construction, maintenance and emergency vehicles. This easement for a
landscaped area allows walkways, benches, and other hardscape and landscape appropriate for
relaxation, study, contemplation, and conversation but prohibits construction of recreational
equipment and scheduling for organized sports/activities. It is understood that the ownership of
the property is in the State of California dedicated to state university purposes and that Trustees
may terminate this easement at any time When Trustees determines the property is needed for
other purposas. Further, tha Trustees may construct in the easement area signage, an
information booth, and other entrance structures welcoming visitors to the university campus. It Is
also understood that Grantee shall be entitled to transfer the easement granted herein to the City
of San Bernardino for Inclusion, in a Landscape Maintenance District. Trustees shall cooperate
with such transfer and enter into such further documentation as conveys the rights, obligations,
and limitations expressed herein.
PROVIDED, that this Agreement and Grant of Easement is subject to the following terms and
conditions:
1. This Agreement and Grant of Easement is SUbject to existing contracts, leases, easements,
encumbrances and claims which may affect said real property, and the use of the word
"Grant" herein shall not be construed as a covenant against the existence of any thereof.
2. Grantee agrees that any landscaping, improvements and other property installed under the
authority of this easement shall be well and safely maintained by Grantee at all times while
this grant of easement is operative.
3. Trustees shall have the right of 'ree access to the easement area at all times in emergency
situations. In non-emergency situations. Trustees shall provide adequate notice to Grantee,
and shall coordinate university operations in the easement area in a manner mutually
agreeable be~Neen Grantee and the campus officiai deSignated on the s,gnature page of thiS
document, or their respective delegates.
4. Grantee waives all claims against Trustees, its officers, agents and employees, for loss or
damage caused by, or arising out of, or in any way connected with the exercise of this
easement. and Grantee agrees to save and hold harmless, indemnify and defend Trustees,
its officers, agents and employees, from any and all IO:\'S.D'Im~e .+",J j;...b",~y C4oJ,eJ by}
Chic..."., !-'H.. ~"-'-" ~nstrument by requost as an accommoda.
(~l"(,'~.J,Jtlon only and has net ex~mf1Gd it tor regu-
Page 1 of 2 larity and iUfficlency or as to its effect
upon the tille 10 any real properly that
may be delcrlbed herein.
arising out of or in any way connected with the exercise by Grantee of the rights hereby
granted, except ioss, damage and liability arising out of the sole negligence of the Trustees.
5. The covenants expressed herein shall bind successors and assigns and shall run with the
land.
APPROVED:
Park-University, LLC
Date
.IY/,
27t)(
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Page 2 of2
L, ~MMENDED:
.../L. ~
Davi eMaur"
Vice President for Administration and Finance
California State University, San Bernardino
APPROVED:
State University
By:
EI~re Sa .Juan '" b" . IVy,-" /=", ._ ,
AsSistant Vice Chanc lIor '5 c-" )~.~ \
Capital Planning, Design & Construction
Date
~(2-(i?Lf
State of California
l
J ss
County of Orange
On May 27, 2004, before me, Janice Wall, Xotary Public, personally appeared James R.
Watson, 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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Though the information below is not required by law. it may prove valuable to persona relying on the document and could prrvent
fraudulent removal and reattachmentofthia form to another document.
Description of Attached Document
Title or Type of Document: Agreement and Grant of Easement
TLR No. SB OS'03 (Landscape Easement)
Document Dated: May 27, 2004
Number ofpalea: 2 pagea and 1 E.>xhibit
CapacityUeS) Claimed by Sign.er
Signers Name: James R. Wataon
X Individual
Corpora.te Officer"TitIe{s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
X Signer is Representing: Manager fOr Park-University, LtC
Other signers
David OeM,HlT/)
Vice PrC'sidc:1t fur Administration and Finance
Cal.iforr.ia State L'mvt>r.<:lity, San Bflrnardinc
Eh;Yl'a San ,fuan
AsSIstant VIce Chancellor
Capital Planning, Dr:sign & Construction
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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EXHIBIT "8"
LEGAL DESCRIPTION OF REAL PROPERTY
(}()().n()3~/3X9()1 I
DESCRIPTION
Passive Park....-,
.,
That portion of Sections 7 and 8, Township I North, Range 4 West San B~rnardino Meridian,
(unsurveyed), lying in the Rancho ~fuscupiabe per plat recorded in Book 7 of Maps, page 23,
records of the County Recorder of San Bernardino County, State of California, described as
follows:
COMMENCING at Comer Nwnber 14 as delineated on the G.E. Sherer survey on file in the
County Surveyor's Office as C.S. No. 1780, said point being on the easterly line of the property
conveyed to the City of San Bernardino as Parcel Nwnber I in the Deed recorded in Book 724,
Page 8 of Deeds, records of said County; thence South 21045'13" East, 24.52 feet to the POINT
OF BEGINNING; thence South 21045' 13" East, 430.60 feet to the beginning of a non-tangent
curve, concave easterly, having a radius of 414.61 feet, the radius point of which bears South
67002'06 East; thence northeasterly along said curve through a central angle of 5034' 14", a
distance of 40.31 feet to the beginning of a non-tangent curve, concave easterly, having a radius
of 560.00 feet, the radius point of which bears South 68051 '49" East; thence northerly along said
curve through a central angle of2025'40", a distance of23.73 feet to the beginning of a tangent
reverse curve, concave westerly, having a radius of 440.00 feet, the radius point of which bears
North 66026'09" West; thence northerly along said curve through a central angle of 45019'04", a
distance of 348.02 feet; thence North 21045' 13" West, 54.49 feet; thence North 66045' 13" West,
26.87 feet; thence South 68014'47" West, 157.82 feet to the easterly line of that property
conveved to the City of San Bernardino as Parcel Nwnber I in the Deed recorded in Book 724,
Page 8 of Deeds, records of said County and the POINT OF BEGINNING.
This legal description was prepared by
me or under my direction in conformance
",ith the Land Surveyor's Act.
TRANSTECH ENGINEERS, INe.
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
City Hall
SUU N. "U" :>t:reet:
San 5elnaldinu, CA 92418
(Space Above Line for Recorder's Use Only)
ASSIGNMENT OF AGREEMENT AND GRANT OF EASEMENT
This ASSIGNMENT OF AGREEMENT AND GRANT OF EASEMENT (this
"Assignment") is made on 2007, by Park-University, LLC, a California limited
liability company, ("Assignor"), in favor of The City of San Bernardino ("Assignee").
For valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Assignor hereby grants, conveys, transfers and assigns to Assignee all of
Assignor's right, title and interest in, to and under that certain Agreement and Grant of Easement,
a copy of which is attached hereto as Exhibit "A", by and between the State of California
through its Trustees of the California State University, as grantor, and Assignor, as grantee,
recorded on July 14, 2004, as Instrument No. 2004-0499253 Official Records of the County of
San Bernardino, State of California (the "Easement"), which relates to that certain real property
located in the County of San Bernardino, State of California and more particularly described in
Exhibit "B" attached hereto and incorporated herein by this reference.
Assignor shall indemnify, protect, defend and hold Assignee harmless from and against
any and all claims, demands, liabilities, losses, costs, damages or expenses (including, without
limitation, reasonable attorneys' fees and costs) arising out of or resulting from any breach or
default by Assignor under the Easement arising prior to the date hereof.
Assignor hereby covenants that it will, at any time and from time to time upon written
request therefor, at Assignee's sole expense and without the assumption of any additional
liability thereby, execute and deliver to Assignee, its successors and assigns, any new or
confirmatory instruments and take such further acts as Assignee may reasonably request to fully
evidence the assignment contained herein and to enable Assignee, its successors and assigns to
fully realize and enjoy the rights and interests assigned hereby.
Assignee hereby accepts the foregoing assignment and agrees to assume, pay, perform
and discharge, as and when due, all of the agreements and obligations of Assignor under the
Easement arising from and after the date hereof and agrees to be bound by all of the terms and
conditions of the Easement. The foregoing acceptance and assumption by Assignee is made for
the benefit of Assignor.
00097.035/38901.1
Assignee shall indemnify, protect, defend and hold Assignor harmless from and against
any and all claims, demands, liabilities, losses, costs, damages or expenses (including, without
limitation, reasonable attorneys' fees and costs) arising out of or resulting from any breach or
default by Assignee under the terms of the Easement arising on or after the date hereof.
The provisions of this Assignment will be binding upon, and will inure to the benefit of,
the successors and assigns of Assignor and Assignee, respectively.
This Assignment may be executed in any number of counterparts, each of which will be
deemed an original, but all of which when taken together will constitute one and the same
instrument. The signature and acknowledgment pages of any counterpart may be detached
therefrom without impairing the legal effect of the signature(s) and acknowledgment(s) thereon,
provided such signature and acknowledgment pages are attached to any other counterpart
identical thereto except having additional signature and acknowledgment pages executed and
acknowledged by other parties to this Assignment attached thereto.
[SIGNATURES ON NEXT PAGE]
00097035138901.1
,1._
IN WITNESS WHEREOF, Assignor and Assignee have caused their duly authorized
representatives to execute this Assignment as of the date first above written.
ASSIGNOR:
Park-University, LLC,
a California limited liability company
By:
James R. Watson, Manager
APPROVED AS TO FORM:
James F. Penman,
City Attorney
By:
Name:
Title:
.4-
ASSIGNEE:
City of San Bernardino
BY ITS SIGNATURE BELOW, THE STATE OF CALIFORNIA THROUGH ITS TRUSTEES
OF THE CALIFORNIA STATE UNIVERSITY, HEREBY CONSENTS TO THE
ASSIGNMENT OF THE EASEMENT BY ASSIGNOR TO ASSIGNEE:
Trustees of the California State University
By:
Name:
Title:
[CONTINUED ON NEXT PAGE]
00097.035138901.1
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA, )
COUNTY OF )
On before me,
notary public in and for said County and State ,personally appeared
, a
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 hislher/their
authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s), acted, executed the instrument.
WITNESS my hand and official seal.
(Signature of Notary Public)
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA, )
COUNTY OF )
On before me,
notary public in and for said County and State ,personally appeared
, a
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 hislher/their
authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person( s), acted, executed the instrument.
WITNESS my hand and official seal.
(Signature of Notary Public)
00097.035/38901.1
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA, )
COUNTY OF )
On before me,
notary public in and for said County and State ,personally appeared
, a
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 his/her/their signature( s) on the instrument the person( s), or
the entity upon behalf of which the person( s), acted, executed the instrument.
WIlNESS my hand and official seal.
(Signature of Notary Public)
00097035/38901.1
EXHIBIT "A"
AGREEMENT AND GRANT OF EASEMENT
00097.035138901.1
EXHIBIT "B"
LEGAL DESCRIPTION OF REAL PROPERTY
00097.035/38901.1
a~jC1~/!rf/c_
TLR No. S8 03-03
R9"O"'dln ~rJ"al Roc.nI.. Counly 01 San Bernardino
... LARRY WALKER
,- AUdfto,fControll., - R.cord.,
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I 'c 730 Chicago Tille Company - CIS
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RECORDING REQUESTED BY:
The Trustees of The California State University
Tftles: 2
Pages:
WHEN RECORDED MAil TO:
The California State University
401 Goiden Shore
Long Beach, Caiifornia 90802-4210
Attention: Land Records, CPDC
Fe..
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e.ee
0.ee
8.00
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Ott'ler-
PAID
. SPACE ABOVE THIS LINE FOR RECORDER'S USE.
AGREEMENT AND GRANT OF EASEMENT
This Agreement and Grant of Easement is entered into by and between the State of California
through its Trustees of the California State University, ("Trustees") and Park-University LLC, a
California limited liability company ("Grantee").
Trustees pursuant to the provisions of Section 89048 of the California Education Code, and; in
consideration of the mutual promises contained herein, hereby grant unto Grantee, its Successors
and assigns, an easement, SUbject to the rights of Trustees reserved herein, onto, over, across,
under and above that certain real property described in Exhibn "A," attached hereto, for the
purposes of constructing, and maintaining a landscaped area and for ingress and egress for
pedestrians and construction, maintenance and emergency vehicles. This easement for a
landscaped area allows walkways, benches, and other hardscape and landscape appropriate for
relaxation, study, contemplation, and conversation but prohibits construction of recreational
eqUipment and scheduling for organized sports/activities. It is understood that the ownership of
the property is in the State of California dedicated to state university purposes and that Trustees
may terminate this easement at any time When Trustees determines the property is needed for
other purposes. Further, the Trustees may construct in the easement area signage, an
information booth, and other entrance structures welCOming visitors to the university campus. It is
also understood that Grantee shall be entitied to transfer the easement granted herein to the City
of San Bernardino for inclusion, In a Landscape Maintenance District. Trustees shall cooperate
with such transfer and enter into such further documentation as conveys the rights, obligations,
and limitations expressed herein.
PROVIDED, that this Agreement and Grant of Easement is subject to the following terms and
conditions:
1. This Agreement and Grant of Easement is subject to existing contracts, leases, easements,
encumbrances and claims which may affect said real property, and the use of the word
"Granr herein shall not be construed as a covenant against the existence of any thereof.
2. Grantee agrees that any landscaping, improvements and other property installed under the
authority of this easement shall be well and safely maintained by Grantee at all times while
this grant of easement is operative.
3. Trustees shall have the right of free access to the easement area at all times in emergency
situations. In non-emergency situations, Trustees shall provide adequate notice to Grantee,
and shall coordinate university operations in the easement area in a manner mutually
agreeabie between Grantee and the campus official designated on the signature page of this
document, or their respective delegates.
4. Grantee waives all claims against Trustees, its officers, agents and employees, for loss or
damage caused by, or arising out of, or in any way connected with the exercise of this
easement, and Grantee agrees to save and hold harmless, indemnify and defend Trustees,
its officers, agents and employees, from any and all loss,DIlm~e ...."'.1 lI...bd,+y c4<J~u1 by)
Chic",,;c ,.;H... hA~' ...lnslrumenfby reqoosl as an accommoda-
Ci(;;,.J,J tlon only and has not examined it for regu-
Page 1 of 2 larlly and SUfficiency or as to its effect
upon the lille 10 any real properly that
may be de.arlbed herein.
arising out of or in any way connected with the exercise by Grantee of the rights hereby
granted, except loss, damage and liability arising out of the sole negligence of the Trustees.
5. The covenants expressed herein shall bind successors and assigns and shail run with the
land.
APPROVED:
Date
/14;-
27 tJ(
')
Page 2 of 2
AP~MMENDED:
yv2l:.v....-____.
Davi eMauro
Vice President for Administration and Finance
California State University, San Bernardino
APPROVED:
State University
By:
Elvyra Sa Juan ., "-'0 . Vy 0\ F-
Assistant Vice Chan 1I0r S tv!"1 )~C" \
Capital Planning, Design & Construction
Date
0(z.f oLf
.1--
DESCRIPJ.!ON
Passive Park--;
..,
That portion of Sections 7 and 8, Township I North, Range 4 West San Bernardino Meridian,
(unsurveyed), lying in the Rancho Muscupiabe per plat recorded in Book 7 of Maps, page 23,
records of the County Recorder of San Bernardino County,' State of California, described as
follows:
COMMENCING at Corner Number 14 as delineated on the G.E. Sherer survey on file in the
County Surveyor's Office as C.S. No. 1780, said point being on the easterly line of the property
conveyed to the City of San Bernardino as Parcel Number I in the Deed recorded in Book 724,
Page 8 of Deeds, records of said County; thence South 21045'\3" East, 24.52 feet to the POINT
OF BEGINNING; thence South 21045' 13" East, 430.60 feet to the beginning of a non-tangent
curve, concave easterly, having a radius of 414.61 feet, the radius point of which bears South
67002'06 East; thence northeasterly along said curve through a central angle of 5034'14", a
distance of 40.31 feet to the beginning of a non-tangent curve, concave easterly, having a radius
of 560.00 feet, the radius point of which bears South 68051'49" East; thence northerly along said
curve through a central angle of2025'40", a distance of23.73. feet to the beginning of a tangent
reverse curve, concave westerly, having a radius of 440.00 feet, the radius point of which bears
North 66026'09" West; thence northerly along said curve through a central angle of 45019'04", a
distance of348.02 feet; thence North 21045' 13" West, 54.49 feet; thence North 66045'\3" West,
26.87 feet; thence South 68014'47" West, 157.82 feet to the easterly line of that property
conveyed to the City of San Bernardino as Parcel Number I in the Deed recorded in Book 724,
Page 8 of Deeds, records of said County and the POINT OF BEGINNING.
This legal description was prepared by
me or under my direction in conformance
with the Land Surveyor's Act.
TRANSTECH ENGINEERS, INC.
State of California }
ss
County of Orange
On May 27, 2004, before me, Janice Wall, Notary Public, personally appeared James R.
Watson, 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.
J@- -.. CO~=f~61~6- J
i ,.. Notary l'IlbIlc . ColIIomka f
J' Otonge COtlrllV f-
J _ _ _ ~:~m'!X~~29.:~5
Place Notary Seal Above
WITNESS my hand and official seal.
C::"O',('~ \.,,-)ill
Sfg"at~ of Notary Public
~omm~on# 1316136
ElqHl'I!S 8/29/05
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.
Deecription of Attached Document
Title or Type ofDocu.ment: Agreement and Grant of Easement
TLR No. sa 08-03 Q...andscape Easement)
Document Dated: May 27. 2004
Number ofpapa: 2 pages and 1 exhibit
Capaeity{ies) Claimed by Signer
Signers Name: James R. Wataon
X Individual
Corporate Officer-Title(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
X Signer is Representing: Manager wr Park.University, LLC
Other signers
David DeMauro
Vice President for Adminutration and Finance
California State University, San Bernardino
Elvyra San Juan
Assistant Vice Chancellor
Capital Planning, Design & Construction
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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