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HomeMy WebLinkAbout2007-466 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2007-466 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 "I" and made a part hereof. /II /II 11/29/07 1 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and joint regular Common Council of the City of San Bernardino at a meeting thereof held on the 3rd day of December , 2007 , by the following vote, to wit: Council Members: AYES ESTRADA x BAXTER x BRINKER x DERRY x X KELLEY JOHNSON x MCCAMMACK NAYS ABSTAIN ABSENT x ~g.~ fl~ City Clerk ~ ~ The foregoing resolution is hereby approved this $1?1 day of December , 200~. or Approved as to form: S F. PENMAN ty Attorney 11/29/07 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk Ci ty Hall :lUU N. "0" :>treet 5an Ilelmudluu, 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. EXHIBIT "1" OOIN7.()35iJ8901.1 p.~''h: h; I' 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] (lOO')7iI3'i(11NOI.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 APPROVED AS TO FORM: By: James R. Watson, Manager James F. Penman. Clty 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] ()()OQ7_\l~:,/3fi9()1.] CERTIFICATE OF ACKt"lOWLEDGEMENT OF NOTARY PUBLIC STATE OF CALIFOR..'JIA, ) 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 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 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. WITNESS my hand and official seal. (Signature of Notary Public) (j()jjt)7'n~/3sqOl.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) n()(~)7()3:,ilX90 I_I EXHIBIT "An AGREEMENT A:\'D GRANT OF EASEMENT 1)(J()97o:15/.1S901.1 WHEN RECORDED MAIL TO: The California State University 401 Golden Shore Long Beach, California 90802-4210 Attention: Land Records. CPDC__ Recorded In Dlflll'.laj Reeordr. COUnlV 01 San BernardIno 7114/201 .!t~. LARRY WALKER 8:00 AA ~ AUdnor/ControUer - Recorder CV 730 Chicago Tille Company _ CIS . Doc#: 2004 - 0499253 Tnles: 2 Peges: fi 1~IIIi1illiflllllllml'lll'~/1 Fe.. ~.':ril Taxe. ~,.:'\?' Ot."er e.~0 PM:) !io?.~ ?h""'-jo://I-/c. TLR No. S8 03-03 RECORDING REQUESTED BY: The Trustees of The California State University . 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 Caiifornia 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, 'alid' in consideration of the mutual promises contained herein, hereby grant unto Grantee, jts 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 iandscaped area and for ingress and egress for pedestrians and construction, maintenance and emergency vehicies. 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 slgnage, 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. Grantae agrees that any landscaping, improvements and other property installed under the authority of this easement shall be well and safely maintainad by Grantee at all times while this grant of aasement is operative. 3. Trustees shall have the right of 'ree access to the easement area at ail times in emergency situations. in non-emergency situations, Trustees shail 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 des;gnated on the signature page of this document, or their respective delegates. 4. Grantee waives all claims against Trustees, its officers, agents and empioyees, for loss or damage caused by, or arising out of, or in any way connected with lhe 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>tm~S( *",.1 U..bd.:j.y C"lJ).J by) Ch; (I. 'j" h H~ ~~ -instrument by ,equast as an QCcommoda. i"",.;,;.JUon only and has net eX1mlncd it for regu- Page 1 of 2 lerity and SUffiCiency or as to its effecI Upon the title 10 any real property thai may be de.crlbed 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 shall run with the land. APPROVED: Date /11, 27t?( ') Page 2 of 2 APPROVED: State University By: Elvyra Sa Juan ,; b,. . I V'I'^n i=._ Assistant Vice Chene 1I0r ' SC~i] ).(~\ Capital Planning, Design & Construction Date o (z.{a Lf State of California l J ss County of Orange On May 2;, 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. j@~. com~:~Ef~61:6 - f ~. NolaIy ~ . CoIIomla j J' Orange COUIlIy f- ) - - - ~:~.:X~~~~ Place Notary Seal Above WITNESS my hand and official seal. r. , , ("-'--"-'-"V \UO-...lLJ Sfgnat~ of Notary Public Commi~on# 1316136 EXpires 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 prf'vent fraudulent removal and reattachment of this (orm to another document. Description of Attached Document Title at: Type of Document: Agreement and Grant of Ea~ement TLR No. sa 011"03 (Landscape Easement> Document Dated: May 27, 2004 Numberofpap8: 2 pages and 1 exhibit CapacityUe') Claimed by Signer Signers Name: James R. Watson X Individual Corporate OfficerTitJe(s): Partner - Limited General Attorne}' in Fact Trustee Guardian or Conservator Other: X Signer is Representing: Manager i,r Park-University, LtC Other signers David DeMa.uro Vke Presidc:1t fur Administration and Finance California Statli! l'nlver.<:lity, San BtlrnardinG Elvyra Slln ,Tuan AsSistant Vlce Chnncellor Capital Planning, D!:!sign & C.onstruction CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ;:~ ';';::\:."" >';~>~~;'(:';.3;;(;t:~:G~(:f.:.;~ :"::.:->:::~. ;~:""':~~_;:;-;::-:'~: ~0';:-::<:".X~-X-(A'; ;:.._;~~::~;~.-::~._:-(;. :~~<'",";, "':7<:' .:;;.~>;; <-.~ :'~ c '-',,: : >;: .' !~ );' 1"- ,. i; Slaleof~~ County _ .i before me } ss < y ^. "-. ~j & ',' ~.I 'f', .~i v ~~: (t; (.:. @ f X ~~ P .' !:~ l~: J,. GWENDOLYN SMITH ~ - . C_. I 13&2516 III Ul . IOTAI'( PUIUC.Co\UFONIA _ ~ My eo: = =.IGGf 't to be the person(s) whose name(s) is/are subscribed 10 the within instrument and acknowledged 10 me that he/she/they executed the same in his/her/their authorized capacity(Jes), and that by his/her/their signatura(s) on the instrument tha person(s), or the entity upon behalf of Which the person(s) acted, executed the instn.Jment. ~ :. " (~. :..: OPTIONAL Though the informatIOn below is not required by law, it may prove vaJusble to persons relying on IhiJ document and could prevent fraudulent remallal and reattachment of this form to anofflilr document. ;::: I: 6 <:;, N (:~ (; <;j (, \ ~. ,~~. ,B: -.j. ~. I',; '1' " '.~. I, e ..S {: c: " Tille or Type Document Dale: Number of Pages: ~ :;.: ~~ ~.ffi7~,j /j' (. Signer(s) Other Than Capacity(les) Claimed by Signer Signer's Name: !~ ~J Individual ...., CorpQrate Officer - lilia(s}: :: Partner -:J Umitect :: General -:: Attomey.jr~Fact Trustee - GuarC1ian or Conservalor _ Olher:________________ , I... .~~ " ~,~ .:.-' " S:gner Is Representir:g:_ '. .'. _-#"'~";::~".""'/:-;>:'-.' ,...... -:~:: ..' , ,~.r .--.,-.:',-' ..-..,.....: -..-.... ','--' .... ".... ~._'.- 'it'",... 'j.C~"_'~-~"':":":~"_;!:<';)~S;'~""..": ,-;., .:<-.>,,,<.~.~,'C' .:,1." ';'y~;...."... '""J_." . p..;..... ~_IC 0.. ]~, ~~. ., .._ '.~ '.,.,,'., _".'".. .' .'. --- '.' " ^ ~? :] " .~{ ')' ~~ .- i~ ;~, .~ :'j '~l ~ J..: r. :: ':. , <.: " , EXHIBIT "8" LEGAL DESCRIPTION OF REAL PROPERTY ()()097,{J3~/J!NOI_] : DESCRIPTION Passive P~rk"'--' ., That portion of Sections 7 and 8, Township I North, Range 4 West San Bernardino 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 Number 14 as delineated on the G,E, Sherer swvey on file in the County Swveyor'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 21045'13" 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 cwve through a central angle of 5034' 14", a distance of 40.31 feet to the beginning of a non-tangent cwve, 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 cwve, concave westerly, having a radius of 440.00 feet, the radius point of which bears North 66026'09" West; thence northerly along said cwve through a central angle of 450 19'04", a distance of348.02 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 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. \.AND ~~......... S"'~ (..'. J.J ~/~~ a ~~'''~ . ::JiJ cz: ~ , O. .~ \. No.5173 .f. 11 11."\', " +;1 'i !l.. ,~ u~ ...,. .'~ ;./ .1,. 00" ...~.~ ,'~..~-" 'tn ,......'O:~...:;r --:- C~l\'i"..:,f =,::.."