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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: February 3, 2009
Subject: Public Hearing, 4:00 p.m. and
Resolution Authorizing the execution of a
Right of Way Contract with Caltrans and the
execution of a Grant Deed relative to the sale
of a portion of City of San Bernardino
Municipal Water Department property
generally located south of 9th Street and west
of"H" Street (APN 0140-191-41) to Caltrans.
From: Valerie C. Ross, Director
Dept: Development Services
File No.: 15.05-265 MCC Date: March 2,2009
Synopsis of Previous Council Action:
02/02/2009 - Authorization to proceed was given to proceed with the sale of a portion of City of
San Bernardino Municipal Water Department owned real property generally located
south of 9th Street and west of "H" Street, Resolution No. 2009-18 was adopted,
determining fair market value and setting a public hearing relative to the proposed
sale.
Recommended Motion:
I. That the Public Hearing relative to the sale of City of San Bernardino Municipal Water
Department owned real property, generally located south of 9th Street and west of"H" Street
(APN 0140-191-41) to Caltrans, be conducted and closed;
AND
2. Adopt Resolution.
~t:~
Valerie C. Ross
Contact person: Ryan Sandoval
Staff Report, Maps, Memo,
Supporting data attached: SlImm",:y T elte" Reso
Phone:
5226
Ward:
I
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.) N/A
(Ace!. Description)
Council Notes:
N50
Finance:
2<PoC? ~ L/ 7
Agenda Item No.
'2t.P
3--2--oQ
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing, 4:00 p.m. and Resolution Authorizing the execution of a Right of Way Contract
with Caltrans and the execution of a Grant Deed relative to the sale of a portion of City of San
Bernardino Municipal Water Department property generally located south of 9th Street and west
of"H" Street (APN 0140-191-41) to Caltrans.
BACKGROUND:
In April, 2008 the State of California Department of Transportation (Caltrans) notified the City
of San Bernardino Municipal Water Department of its intent to purchase a portion of City Water
Department owned property generally located south of 9th Street and west of "H" Street (APN:
0140-191-41). The portion of property being proposed for acquisition by Caltrans is currently
where the Water Department's 60" Lower Zone Transmission Main is located, which was placed
into service in 2006. The purpose of the acquisition is to facilitate the widening project of the 1-
215 freeway, which will help reduce some of the freeway congestion in this area. The 60"
transmission main design accommodates the 1-215 widening project based on the Water
Departments determination.
On April 29, 2008, Caltrans made an offer to purchase the portion of vacant property for the
amount of $490,000. Due to the configuration of the land requested by the State, the Water
Department would have been left with a 20-foot wide strip of unusable land. Therefore, Water
Department staff requested that the offer from the State include taking this strip, measuring 4,147
square feet. The State agreed to include this strip and revised the offer from $490,000 to
$527,323. The State's appraisal report was reviewed by James Smothers, Certified General
Appraiser, from Smothers Appraisal Co., on behalf of the Water Department to evaluate the
value of the property, including the 20-foot wide strip, to ensure that the offer was reasonable.
The Smothers' appraisal made a determination of value in the amount of $266,596 (summary
letter is attached). The difference is based on Smother's determination of comparable sales more
applicable to this property.
On December 16, 2008, the City of San Bernardino Municipal Water Department Board of
Water Commissioners ("Board") unanimously voted to accept the Right of Way Contract offer
of $527,323 from the State of California Department of Transportation for the partial acquisition
of Water Department property, and authorized the submittal of the Right of Way Contract and
Grant Deed to the Mayor and Common Council for approval and recordation.
The California Transportation Commission adopted a Resolution of Necessity on September 25,
2008, as the initial procedural step to acquire this property, and based upon discussions with
Caltrans staff on January 5, 2009, Caltrans has neither filed nor served any complaint in eminent
domain upon the City to proceed with the acquisition of this property through court proceedings.
On February 2,2009, Resolution No. 2009-18 was adopted, establishing the fair market value of
$527,323 for the property, and set a public hearing for March 2, 2009, as required by
Government Code Section 37420, et seq. The Resolution was published in the Sun newspaper
and was also posted on the property, as required by law.
The attached Resolution authorizes the execution of a Right of Way Contract with Caltrans and
the execution of a Grand Deed. If approved, the City of San Bernardino Municipal Water
Department and Caltrans will enter into an escrow agreement. Caltrans will pay all escrow and
closing costs for this transaction and thus the Water Department's net revenue from the sale will
be $527,323.
FINANCIAL IMPACT:
Since all escrow and closing costs will be paid by Caltrans per the terms of the Right of Way
Contract, the City of San Bernardino Municipal Water Department will receive $527,323.
RECOMMENDATION:
That the hearing be conducted and closed and the attached Resolution be adopted.
ATTACHMENTS:
Vicinity Map
Site Map 1
Site Map 2
Water Department Memo
Appraisal Summary Letters
Resolution
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BUSINF.M, TRANSPORTATION AND IIOUSING AGENCY
DEJ'ARTMENI' OF TRANSPORTATION
RIGHT OF WAY
RESOLUTION OF NECESSITY
NOT TO SCALE
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STATE 0' CALIFORNIA
BUSINESS. TRANSPORTATlON AND 1I0USING AGENCY
DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY
RESOLUTION OF NECESSITY
NOT TO SCALE
DISTllICT CCUNTY ROUTE SHEET kP/PY SHEET NO. TOTAL SHEETS
S8 Slid 215 12.3/7.11 3 3
CITY OF SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT
INTEROFFICE MEMORANDUM
TO: Ryan Sandoval, Real Property
FROM: Sydney Morrison, Senior Administrative Coordinator
SUBJECT: PROPERTY SALE IN LIEU OF CONDEMNATION _9TIi STREET AND "H"
STREET PROPERTY (APN 0140-191-41)- THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION'S 1-215 WIDENING PROJECT
(EPN 1993-705)
DATE: December 16,2008
The Board of Water Commissioners, at their regular meeting held on Tuesday, December 16,
2008, unanimously voted to:
. Accept the Right of Way Contract offer of $527,323 from the State of California Department
of Transportation for the partial acquisition of property described in the Grant Deed
(Document No. 19631-1, 19631-01-01) (APN 0140-191-41); and authorize submittal of the
Right of Way Contract and the Grant Deed to the Mayor and Common Council for approval
and recordation.
This item was approved by the following vote to wit:
AYES:
NAYS:
ABSENT:
Commissioners Callicott, Cocke, Fernandez
None
Commissioners Battey, Miller
Should you have any questions, I can be reached at ext. 3499.
Thank) pu,
/r7
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/. ;1 ,_____-(,..,_/' i/
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- " \/ ~ -' (__*h _.--
'i'~Jncy :'vforrison
Senior Administrative Coordinator.
STATE OF CALlfORNI.'\ . DEP.ARTMENT OF TRA\iSPORT ATION
EXl!!B I!
7 -EX-24 I ,<EW t II 20ll5)
SENIOR FIELD REVIEW CERTIFICATE AND
APPRAISAL REYlE\\' REPORT
I Fonn #}
co
SBd
P.M
:.617."
EXP AUTH
0071v2
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-L;
REGIDIST
08
RTE
215
KP
1. I have personally viewed all subject parcels and all comparable data and am satisfied with the relall\ e cumparabllity
noted.
2. The highest and best use of each property, as shown in the report, is reasonable 3l1d proper.
3. Gross Income Multipliers 0 are supported with factual data. r2l Not applicable.
4. The Cost Approach is 0 supported by data from recognized sources. r2l Not applicable.
5. The Income Approach to value, including the interest rates, is 0 supported by data from the market [8J Not
applicable.
6. Damages, Benefits and Construction Contract Work are 0 correct and are supported in accordanct' Ivith eXIsting
instructions. r2l Not applicable.
7. The amount listed for each parcel in the certificate is the market value amount approved or recommended for approval to
govern negotiation and settlement.
8. I understand that the approved value may be used in connection with a Federal-Aid highway project.
9. I have no direct or indirect, present or contemplated future personal interest in such property or in anv benefit from the
acquisition of such property appraised.
(0, The amount approved or reconunended for approval is not a directed JOlOunt; it was arrived at fairly, Without cae-rnon,
and is based on appraisals and other factual data of record.
COMMENTS:
Parcel No.
Aooraised Value
Dama2:es
c c. W.
Benetit~
19631-1
$490,000.00
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STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF APPRAISER
RN 7.6 4/93
DISTRICT EA
08-SBd-215 00"1,,2
ARNo
, -13
1 Hereby Certify:
That I have personally inspected the property herein appraised and that the property owner has been
afforded an opportunity to be present at the time of the inspection. A personal field inspection of the
comparable sales relied upon in making said appraisal has also been made. The subject and the
comparable sales relied upon in making said appraisal were as represented by the photographs contained in
said appraisal.
That to the best of my knowledge and belief, the statements contained in the appraisal herein set forth are
true, and the information upon which the opinions expressed therein are based is correct, subject to limiting
conditions therein set forth.
That I understand that such appraisal is to be used in connection with the acquisition of right of way for a
highway to be constructed by the State of California with the assistance of Federal-aid highway funds, or
other Federal funds.
That such appraisal has been made in conformity with the appropriate State laws, Title VI of the 1964 Civil
Rights Act, and regulations, policies and procedures applicable to appraisal of right of way for such
purposes; and that to the best of my knowledge no portion of the value assigned to such property consists
of items which are noncompensable under the established law of said State.
That neither my employment nor my compensation for making this appraisal and report are in any way
contingent upon the values reported herein.
That I have no direct or indirect present or contemplated future personal interest in such property or in any
benefit from the acquisition of such property appraised,
That I have not revealed the findings and results of such appraisal to anyone other than the proper officials
of the California Department of Transportation or officials of the Federal Highway Administration and I
will not do so until so authorized by State officials, or until I am required to do so by due process oflaw, or
until I am released from this obligation by having publicly testified as to such findings.
That my opinion of the total fair market value of the parcels listed below included in this report and made
a part hereof by reference, as of the 22 day of April 2008, is $490,000.00 ; and that such conclusion was
derived without collusion. coercion or direction as to value.
.
~:---.: /~: -'( , fr:/..~:,...--:...-~T
\!ichael Salzmann
/~,;J "':, _2~ 2.C": ,.~
(Date)
ADA Nctice
Fr;rr:~;\i':'lcj!~ .\.i\~ l~i~II:Ii:t:es, [ii!~ (j\>:l,J>:oI'~ 'S I'i,lll.lcle in .,'tW:',llH !crrUls F')rnfcrmafrcl1';'lll .J76': <:'5.;.(;4 ~," . ~li...e.
Ci~S, l-er\:_i:c.~C]::!l, c,r ,..,hfe RI:cords ,md Fom:s MaIlar]mnen! 11:':0 ~J Street, 1\1$-89, S3CidJnento, CA J6814
Parcel ~umber 19631-1
SUMMARY OF THE BASIS FOR JUST COMPENSATION:
The sales comparison approach has been used to value these parcels.
The State proposes to construct High Occupancy Vehicle Lanes on the 1-215
Freeway along ,vith connecting ramps. Consequently, v.~dening ""ill be required
where the extension intersects mth existing roads.
The widening will require land about 133 feet east of the existing 1-215 Right of
Way line. The acquisition area of 54,438 SF is over 60% of the larger parcel but
Access and utility of the remainder will remain resulting in no change to the
highest and best use of the remainder parcel. The subject's highest and best use
will still allow potential development of medium density residential housing.
Therefore, it is concluded that there are no damages to the remainder parcel.
When evaluating benefits to the remainder the same considerations were
applied and it is concluded that the acquisition of the parcel ""ill not result in
any benefit to the remainder parcel.
Before Value of Subject Parcel:
$768,843.00
After Value of Remainder Parcel:
$278,901.00
Indicated Value of Partial Acquis irian:
$489,942.00
T otal Just Compensation:
$489,942.:0
Rounded To:
$490,000.00
,; ~
SMOTHERS ApPRAISAL
Jame. Smothen, ~1Al, ASA, SRA, SR/W A
Aoorli!er e Consultant. Commercial. Rellidentlal
1881 CommtrunCtr East, Suite 206,
SI. Secondlno, CA 92408
Phont: (909) 890-9626 Fu: (909) 890-9605
Em.U: jlm.'motb....@y.boo..om
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October 30, 2008
Bill Hemsley, Principal Engineer
City of San Bernardino Municipal Water Department
P.O. Box 710
San Bernardino, California 92402
RE: City of San Bernardino Municipal Water Property
Vacant land, located between 8th & 9th Street,
East of the Interstate 215,
San Bernardino, California 92410.
Assessor Parcel Number: 0140-191-18, 41. .
Our File No.: 08038
Dear Mr. Hemsley:
Pursuant to your request, we have prepared a preliminary appraisal report of the above referenced
property for the purpose of estimating the value of the larger parcel, the area to be acquired, value
of the remainder, severance damages, benefits and just compensation. The appraisal is according
to the definitions of market value as stated in this report, and subject to the assumptions, limiting
conditions and certification contained within.
This is a Summary Appraisal Report as deflDed under provisions of the Appraisal Standards
Board of the Appraisal Foundation.
This is Phase I of a phased appraisal assignment, which is subject to change as additional
information and verifications are received. It is intended to assist the client in determining
whether an offer to purchase author presented by Caltrans is reasonable.
Considering the investigations undertaken, the indicators of value in this report, and the relative
reliability of each. the following represent our tinal estimates as of the date of value.
V.\LU OF THE WHOLE BEFORE ACQusmON: 5516,680
VALL:E OFTHE PART ACQl'lREDAS PART OF THE WHOLE: 5247,693
VALUE OF THE REMAINDER AS PART OF THE WHOLE: $268,987
VALUE OF THE REMAINDER, CONSIDERING I:O;CURABLE DAMAGES: $250,084
INCURABLE SEVERANCE DAMAGES: $18,903
CURABLE SEVERANCE DAMAGES: $0
VALUE OF THE REMAINDER, CONSIDERING BENEFITS: $250,084
BENEFITS: $0
NET DAMAGES OR NET BENEFITS: $18,903
TEMPORARY CONSTRUCTION EASEMENT: $0
TOTAL JUST COMPENSATION: $266,596
This Letter of Transmittal and Certification of Appraisal precedes the appraisal report, further
describing the subject and containing the reasoning and pertinent data leading to the estimated
value. Your attention is directed to the "General Underlying Assumptions and Limiting
Conditions" which were considered in this assignment and are at the end of the report. This letter
is considered an integral part of this report and the report is considered to be incomplete if viewed
separately from this letter.
Respectfully Submitted,
c J...~ JZ~
James Smothers, MAl, ASA, SRA, SRIW A
California Certified General Appraiser AG002102 (Expires 12/20/2008)
1
RESOLUTION NO.
(C(Q)rv
2 RESOLUTION OF THE CITY OF SAN BER1"'ARDINO DIRECTING ~"<D
3 AUTHORIZING THE EXECUTION OF A RIGHT OF WAY CONTRACT WITH THE
STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, AND THE
4 EXECUTION OF A GRANT DEED FOR THE CITY OF SAN BERNARDINO
5 MUNICIPAL WATER DEPARTMENT OWNED PROPERTY GENERALLY LOCATED
SOUTH OF 9TH STREET AND WEST OF "H" STREET IN THE CITY OF SAN
6 BERNARDINO.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF S~lI/ BER."<ARDINO AS FOLLOWS:
8
9
10
11
SECTION 1. That the City Manager of the City of San Bernardino is hereby directed and
authorized to execute on behalf of the Citv, a Right of Wav Contract with the State of California
. - .
Department of Transportation ("Caltrans"), a copy of which is attached hereto as Exhibit "J" and
12
made a part hereof, for the sale of a portion of City of San Bernardino Municipal Water
13
14
15
16
17
18
19
20
21
22
23
24
25
Department ("Water Department") owned property generally located south of 9th Street and west
of "H" Street. in the City of San Bernardino, being a parcel of land referenced as Assessor's
Parcel Number 0140-191-41. and is more fully described in a Grant Deed. attached hereto as
Exhibit "2" and made a part hereof.
SECTION 2. That the Mayor of the City of San Bernardino is hereby directed and
authorized to execute on behalf of the City. said Grant Deed relative to the sale of Water
Department property. a copy of which is attached hereto as said Exhibit "2".
SECTION 3. Said Agreement shall be null and void if either party fails to
execute the Agreement within sixty (60) days after the date of adoption of this
Resolution.
///
26
///
27 3- ;J~o'1
28
# .;;2 6
0210912009
RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE
1 EXECUTION OF A RIGHT OF WAY CONTRACT WITH THE STATE OF CALIFOR."IIA.
2 DEPARTMENT OF TRANSPORTATION, AND THE EXECUTION OF A GRANT DEED FOR THE CITY
OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT OWNED PROPERTY GENERALLY
3 LOCATED SOUTH OF 9TH STREET AND WEST OF "H" STREET IN THE CITY OF SAN
BERNARDINO.
4
5
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof
7 held on the day of ,2009, by the following vote, to wit:
8 Council Members:
ABSTAIN ABSENT
NAYS
AYES
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ESTRA.DA
BAXTER
BRINKER
(V ACANT)
KELLEY
JOHNSON
MCCAMMACK
City Clerk
,2009.
day of
The foregoing resolution is hereby approved this
P A TRlCK J. MORRIS. Mayor
City of San Bernardino
Approved as to Form:
2
~
02/09/09
2
STATE OF CALIFORNIA' DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT. STATE HIGHWAY
RW 6-3 (Rev. 6195)
DISTRICT
COL,...TY
ROl.:TE I POST MILE
8
SBD
215 12.30 (KP)
RJW E.A.
OO~i \'9
(007169)
San Bernardino,
California
.2008
CITY OrSA." BERNARDINO ML"'IClPAL W HER DEPART\1EST
Grantor(s)
Document No. 19631-1 and 19631-01-01 in the form of a Grant Deed covering the property partIcularly described in the
above instruments have been executed and delivered to KeIth W i!liams, Associate R.1ght of Way Agent for the State of California.
I. In consideration of wluch, and the other consIderations hereinafter set forth, it is mUl1llllly agreed as follows:
(A) The parties have herem set forth the whole of their agreement. The performance of this agreement constitutes the entire
consideration for said docwnent and shall relieve the State of all further obligation or claims on tlus account, or on
account of the location, grade ,or consrruction of the proposed public improvement.
(B) Grantee reqUlres said property described in Document No. 19631-1 and 19631-01-01 for State Iugbway purposes, a
public use for which Grantee has the authority to exercise the power of eminent domam. Grantor(s) is compelled to sell,
and Grantee is compelled to acquire the property.
(C) Both Grantor(s) and Grantee recognize the expense, Drtie, effon, and risk to both partIes in determining the compensation
for the property by eminent domain litigation. The compensation set forth herein for the property is in comprornise and
settlement, in lieu of such litigation.
2. The State shall:
(A) Pay the undersigned grantor(s) the sum of $527.323.00 subject to all matters of record for the property or interest
conveyed by the above document.
(B) Pay all escrow and recording fees incurred in this transaction and. if ntle insurance is desrred by the State, the prernium
charged therefor.
(C) Have the authority to deduct and pay from the amount shov.n in Clause 2( A) above. any amount necessJI'}" to satisfy any
bond demands and delinquent taxes due in any year except the year in wiuch this escrow closes, together \\11th penalties
and interest thereon. andior delinquent and nOD delinquent assessments which have become a lien at the close of escrow.
3. Permission if hereby granted to State or its authorized agent to enter upon grantor! 5 I land where necessary \\1thin that
certain area sho\VIl outlined in color on the Right of Way map anached hereto and made a part hereof. for the purpose of
consrructing the State's freeway project. It is further understood that the Granror(sl grant the State or Its authorized agent
permissIOn to enter upon Granror(s) remammg land. where necessary. to Install m.llena] used to s~cure the area during
construction 35 sho\\n on the anached map.
4. In consideratIon of the State's wai....ing the defects and imperfecllons in all maners of record mle. the undersigned
Granton s l covenants and agrees to mdemmfy and hold the State of Cahfom13 harmless from any' and all claims that other
parnes may make or asseI1 on the title to the prerruses, The Grantor's obligatIon herem to inderruufy the State shall not
exceed the amount paid to the GrantorI. s) under this contract.
5. It is understood and agreed that the payment for the excess area described m the Right of Way ~1Jp anached hereto and
made apan thereof for 4.147 square feet IS mcluded in Paragraph 21A) above and is at the sole request of and as a
convemence to the underSIgned Granton.s) and relocatIon aSSIStanCe benefits will not accru~ smce this is not 5 State
inItiated displacement,
EXHIBIT "I"
RIGHT OF WAY CONTRACT. STATE HIGHWAY (Cont.)
RWe-3 (Rev. 6195)
6. Grantor(s) warrant(s) that there are no oral or \\onnen leases on all or any POniOD of the property exceeding a period of
one month, and the Grantor(s) funher agree(s) to hold the State harmless and reimburse the State for any and all of its
losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor(s) for a period
exceeding one month.
7. State agrees to indermufy and hold harmless the Grantor( s) from any liability arising out of State's operations under this
agreement. State funher agrees to assume responsibility for any damag~s proximately caused by reason of Stare's
operations under this agreement and State, will. at its option., either repair or pay for such damage.
8. It is agreed and confirmed by the parnes hereto that notwithstanding other provisions in this contracl, the right of
possession and use of the subject property by the State, including the right to remove and dispose of improvements, if
any. shall connnence on November 1. 2008 or the close of this escrow controlling this transaction, whichever occurs first,
and that the amount shov.n In clause 2(A) herein includes, but is not limited to, full payment for such possession and use,
including damages. if any, from said date.
9. The acquisition prtce of the property being acquired in this transaction reflects the faIT-market value of the property without
the presence of contaminanon. If the property being acquired is found to be contaminated by the presence of hazardous
waste which requires mitigation under Federal or State law. the State may elect to recover its cleanup costs from those who
caused or contributed to the contamination.
10. 1ms transaction ""ill be bandIed througb an escrow with LandAmenca Commonwealth Tille Company, 27290 Madison
Avenue, Suite 300, Temecula. California 92590, Llngarion Guarantee 07130491, Escrow ~urnber 2756203.
2
RIGHT OF WAY CONTRACT. STATE HIGHWAY (Cont.)
R:N 8-3 (Rev. 6/95)
In Witness \\Thereof, the parties have executed this agreement the day and year first above written.
-'
CITY OF SA:-;
B E R :-; A R D I '" 0 :\1 t; N I C I PAL :'A~D E PAR T M E !'i T
By ~ ;l ·
'vlark F. WeinbeQ-
Irs !nterun City. anager
APPROVED AS T~~ ~D CO~TE~T
~J
James F. Pe sq
City Attorney
RECOMME~DED FOR APPROVAL:
STATE OFCALIFOR."I/lA
DEPARTME~T OF TRA....SPORTATION
By:
Keith Williams
. Associate Right of\\:ay Agent
Aequisition-DlSmet 8
By:
Deena Lester
Senior Right of Way Agent
Acquisirion-Disaict 8
Approved By:
By
Pamela L. Srruth
RJsht of\\"ay ProJe:t Deli\'ery \lanager
Dism:t8
Date:
:-'-0 Obligation Other Than Those Set forth Herein Will Be Recognized.
3
RECORDING REQUESTED BY
When Rec:o<ded Mail To
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
464 W. 4'" STREET. 6- FLOOR
SAN BERNARDINO. CA 92401.1400
Attenbon C.R. Beckley - MS 865
FREE RECORDING:
This instrument is for the benefit of The State of
California. and is entitled to be recorded without
f...(GoV!. Code 6103)
Space above this line for Recorcer's Use
GRANT DEED
(CORPORATION)
District County I Route Kilo Post Number
08 SBd 215 12.30 19631
CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT
A corporation organized
And existing under and by virtue of the laws of the State of
California . does hereby GRANT
to the STATE OF CALIFORNIA all that real properly in the
City of San Bernardino . County of
San Bernardino
, State of California. described as:
See Exhibit "A"
08-SBd-215-KP 12.30-19631-1, 19631-01-01 (19631-1)
rorm RW 6-1(0) (Revised 01/08)
EXHIBIT "2"
Number
19631-1
IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its
corporale seal 10 be affixed hereto, Ihis day of ,20__
City of San Bemardino
Patrick 1. M;~YOr
'J
V
Rachel Clark, City Clerk
By:
Attest:
[CORPORATE SEAL]
STATE OF CALIFORNIA
} ss
20 _' before me,
ACKNOWLEDGMENT
County of
On this the_day of
Name and Title of the Officer-E.G., ~Jane Doe. Notary Public~
personally appeared
(Name of person(s) sIgning)
who proved to me on the basis of satisfactory evidence to be the person(s) lM'Iose name(s) _ isiare subscribed to the within instrument and
acknowledged to me that _ he/shelttley executed the same in _ hislher/ttleir authorized capadty(ies), and that by hislnerftheir
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(for notary seal or stamp)
(Notary Public's signature in and for said County and Slate)
THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation
(pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in
the within deed and consents to the recordation thereof.
IN WITNESS WHEREOF, I have hereunto set my hand
this day of , 20 WILL KEMPTON
Director of Transportation
By
Michael Romo, Attorney in Fact
Project Coordinator
District 8
!=:)rm RW 6-1(D) (ReVISed ;)1108)
.. ....
EXHIBIT "A'"
Those ponions of Lots 7, 8. 9. 10 and 11 of Tract 1\;0, 2828. in the City of San
Bernardino, County of San Bernardino. State of California, as sho'wn on the map filed on
November 10,1945, in Book 39, page 14 of Maps in the Office of the County Recorder of said
(l)lImy, and those ponions of Lots 5, 6 and 7 of Block 57, as shown on Plan of the City of San
Bernardino, in szid city, ln said county, in said state, filed on July 20, 1866, in Book 7, page] of
\1aps in the Officc of the County Recorder of said county, described as follows:
BEGll'INING at the sOlltheast comer of said Lot 7 of Tract No, 2828; thence along the
easterly line "f LOlS " :Uld 8 of said Tract No, 2828, Nonh 0026'22'" West, 60.592 meters
1198. -9 leel) to the l1,x:hc~st corner of said Lot 8: thence along the southerly line of said Lot 9,
\iurth 3';-33 '33" E:L')i., "':':.692 i1lelers (1~O_06 [,--'"el) to the southeast corner of said Lot <); thence
Jlong the cJstcrJy iinc 0:- 5J.id Lots 9_ 10 and 11, North 0029'33" \\rest. 52.534 meters (172_36
fe-et) to the northc:lst comer i)f .;;aid Lot II; th~nce along the northerly line of ...said Lot 11.
South 89' 33 'Oy" \\'est, 1,330 meters (24,03 feet); thence Nonh 0027'52" West, 54,551 meters
117S,'17 feet): ~hcr.ce "<arch S.10.1':'21" ElSI. 50,0 I 1 meters (164,08 feet) to the westerly line of
the !and as described t;] a Gram Deed to Samuel Kiema ~t lIX, recorded on June 1. 2005 as
do...ument No. '::U(})~-:38(}298 In said Office of the County Recorder: thence along said westerly
line. North 'Y30'':I)'' Weol. ',16.1 meters (23,50 feet) to the easterly tenninus of that certain
,'our,c cited as "SQuth 8J038'55" \Vcst, 301.46 feet" in a Director's Deed to the Matilda
Sdl\\mZ el al. recorded on AUguSl29, 1961 in Book 5522, page 269 in said Office ofLhc County
RC;::~1rJcr: th;;ncC' along lh~ ~xisting Stale Highway Right-of-\Vay, the following two C, courses,
lit S0ulb 81'38'32" WesL 91,%6 meiers, 1301.40 leet! to the nc'nherlv temlinus of that
r..:~rtain course ci:ed as "SOll~;' O~41 'J9.' Cast. 5";5.90 feet" m said Director's D~ed: thence'
I'::) South If'...;.r'S}" East, 166.3')1 ~~C"tcrs [.545.90 r~etJ 10 ~he southerly t::rrnlnu.s of s;::id cited
,_-n:.;;.<= J.i:d :11..: ,",()lJlh..::r~:. ::c;.' ,);- .>:ilJ L~.!t "7 :::f T:-:!'..:t :-~,). 2325: t~;:;:1c:: ;':':U;1:; sa;j S('lut:,c:--i... 111lc.
'.,~n;~ .~'F;3'y,.;':" ::J...'iL 5. ~ :~; iTI::~:-:-S ~t,-8 ~-::..:tl to the POI~T OF BEGP\'\I:'\G.
TOGETHF.R '.\ ::'1 ::pd..:r1:,,'in:; r:c ;n:ciC';";L !! ;'ir.". ;,>1;1:1":!U:'~S t,;) :h: ,~bo\'~.d:':::~jjbcJ
;~:\lP':'::" !!' ;.r.J ~l\ '~l'l S;,-.~:. Jnc :;th S;r,:,c:t.
I Comi'llled I
qS-S3J-:;S-f~_? 12.:0-19o]I-1.IQ(J3:-(ll-!Jll.l')631.j J
This conVeyance is !TOadc fDr the purpose of a freeway and the ,,'Tantor hereby releases and
relinquishes to the grantee any and all abutter's rights including access rights, appurtenant to
granlor's remaining property, in and to said freeway.
The hearings and distances used in the above description are based on the California
Coordinate System of 19R:::. 70ne 5 Multiply distances shown by 1.000068345 to ontain gromd
le\'el distances.
This real propen) has been deserihed hy me. or under my direction. in confonnanee with the
Profc:ssinnal I -and =,ufye-ynr's,"AcL
Sigmtlure
._...L....-~-
.' ,
/' ,
L-.
DOle
. I '_ r'-'" .-" r~ L,'
,-::.. ,-' I - L '-~'C'
IlX-~B:;-215-fJ' ~2.:::0-i9631-1.:9631-(1j-1J111963J-II
STATE OF CALIFORNIA' DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWA.Y
PMI 8-3 (Rev. 6/95)
8
saD
215
12.30 (KP)
Ri\\' E.A
007; \"9
(007169)
San Bernardino.
California
DrSTRlCT
COl'}."TY
Roc TI
Po,. MILE
,2008
CITY OF SA)'; BERNARDINO MC~ICIPAL WATER DEPARn.1E!-.'T
Grantor(s)
Document No. 19631-] and 19631-01-01 In the form of a Grant Deed covenng the property panicularly described in the
above instruments have been executed and delivered to Keith v..~ illiams, Associate Right of v..~ ay Agent for the State of California.
1. In consideration of whic~ and the other considerations heremafter set forth.. it is mutually agreed as follows:
(A) The panies ha\'e herein set forth the whole of their agreement. The perfonnance of this agreement constitutes the entire
consideration for said document and shall relieve the State of all further obligation or claims on this account, or on
account of the location, grade or consrrucrion of the proposed public improvement.
(B) Grantee requires said property described in Document ~o. 19631-1 and 19631-01-01 for State highway purposes, a
public use for wh1ch Grantee has the authority to exercise the power of eminent domain. Grantor(s) is compelled to sell.
and Grantee IS compelled to acquITe the property.
(C) Both Grantor(s) and Grantee recognize the expense. nme. effort. and risk to both panies in determining the compensation
for the property by eminent domain litigation. The compensation set forth herein for the property is in compromise and
settlement, in lieu of such litigation.
2. The State shall:
(A) Pay the undersigned granror(s) the sum of S527.3~3.00 subject to all maneTS of record for the property or interest
conveyed by the above document.
(B) Pay all escrow and recording fees incurred in this transaction and. if title insurance is desired by the State, the premium
charged therefor.
(c) Have the authority to deduct and pay from the amount shov.n ill Clause 2( A) above. any amount necessaI): to satist}' any
bond demands and delinquent taxes due in any year except the year ill whIch th1s escrow closes. together \\'ith penalties
and interest thereon. and'or delinquent and non delinquent assessments Whl::h ha\'e become a hen at the close of escrow,
3. Permission if hereby granted to State or its authorized agent to enter upon grantor(slland where necessary within that
certain area sho\VI1 outlined in color on the Right of\\'"ay map attached hereto and made a part hereof. for the purpose of
constructing the State's freeway project. It is further understood that the Gramor(Sl grant the State or 115 authorized agent
permission to enter upon Grantor(s) remaimng land. where necessary, to mstall matenal used to secure the area during
construction as sho\\TI on the anached map.
4. In consideration of the State's waiving the defects and irnperfecnons in all maners of record title. the undersigned
Grantor( s) covenants and agrees to indemnify and hold the State of Caiiforrua harmless from any and all claims that other
panies may make or assen on the title to the premises. The Grantor's obliganon herein to mdemrufy the State shall not
exceed the amount paid to the Grantor( s) under this contract.
5. It is understood and agreed that the payment for the excess area descnbed In the R.1ght of Way Map anached hereto and
made apart thereof for 4.147 square feet is included in Paragraph 1(A) abo\'e and is at the sole request of and as a
convenience to the undersigned Granror(s) and relocatlon assistance benefits WIll not accrue smce this is not s State
initiated displacement.
"
RIGHT OF WAY CONTRACT. STATE HIGHWAY (Cont.)
RW 8-3 (Rev. 6/95)
6. Grantor(s) warrant(s) that there are no oral or \\nnen leases on all or any portion of the propeny exceeding a period of
one month, and the GrantorlS) further agree(s) to hold the Stale hannless and reunburse the Stale for any and all of itS
losses and expenses occasIOned by reason of any lease of said propcI1)' held by any tenant of Grantor(s) for a penod
exceeding one month
7. Slate agrees to mdemnify and hold hannless the Grantor( s I from any liability ansmg oul of State's operations under this
agreement. State further agrees to assume responsibility for any damages proximately caused by reason of State's
oper~tions under this agreement and State, \\;IL at its option. either repair or pay for such damage.
8. It is agreed and confIrmed by the parries hereto that norv.mhstanding other provisions in this contract, the right of
possession and use of the subject property by the State, including the right to remove and dispose of.improvements. if
any. shall commence on ~0vember 1. :W08 or the close of this escrow controlling this transaction. whichever occurs fIrst,
and that the amount shown m clause 2(.6,.) herein includes. but is not limited to. full payment for such possession and use,
including damages. if any'. from said date,
9. The acquisition price of the property being acquired in this tranSacOon reflects the fair-market value of the property v..ithout
the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous
waste which requires miogation wder Federal or State law. the State may elect to recover its cleanup costs from those who
caused or contributed to the contaminanon,
10. This rransaclion "ill be handled through an escrow ,,,th LandAmenca Commonwealth Title Company, 27290 MadlSon
Avenue, SUlle 300. Temecula. California 92590. LItigation Guaranlee 07130491. Escro" :\umber 2756203.
2
'.
RIGHT OF WAY CONTRACT. STATE HIGHWAY (Cont.)
RW 8-3 (Rev. 6/9S)
In Witness Whereof, the parties have executed this agreement the day and year first above written.
CITY 0 F S A ~ B E R ~ A R D I ~ 0 M t: l\' I C I PAL W ATE R D E PAR T ~I E ~ T
By
Mark F. Weinberg
Irs 1merun Cirv Manaoer
APPROVED AS TO FORM A.....D CO:\'TE:\'T
RECOMMENDED FOR APPROVAL:
STATE OF CALIFOR"'IA
DEPARTME~T OF TRA.....SPORTATION
By:
Kellh Williams
Associate Right of\\7ay Agent
Acquisition-District 8
By:
Deena Lester
Senior Right of Way Agent
Acquisition-Dismet 8
Approved By:
By:
Pamela L Snuth
R..1ght of\\-ay Project De1i\'ery :'v1anager
DISnicl S
Date:
No Obligation <fther Than Those Set Forth Herein WiII Be Recognized.
3
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