HomeMy WebLinkAbout2013-180 1 RESOLUTION NO. 2013-180
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE EXECUTION OF
3 A RIGHT OF WAY CONTRACT WITH THE STATE OF CALIFORNIA
4 DEPARTMENT OF TRANSPORTATION, AND THE EXECUTION OF A GRANT
DEED AND EASEMENT DEED FOR THE SALE OF CITY OWNED REAL
5 PROPERTY, DESIGNATED FOR WATER DEPARTMENT USE, GENERALLY
LOCATED SOUTHWESTERLY OF CAJON BOULEVARD AND DEVORE ROAD,
6 IN THE CITY OF SAN BERNARDINO.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
8 OF SAN BERNARDINO AS FOLLOWS:
9 SECTION 1. The City Manager is hereby directed and authorized to execute on
10 behalf of the City, a Right of Way Contract with the State of California Department of
11 Transportation ("Caltrans"), a copy of which is attached as Exhibit "1" and incorporated
12 herein, for the sale of certain City owned property, designated for Water Department use,
13 generally located southwesterly of Cajon Boulevard and Devore Road, in the City of San
14 Bernardino, known as Assessor's Parcel Number 0349-174-10, and is more fully described in
15 a Grant Deed, attached as Exhibit"2" and incorporated herein.
16 SECTION 2. The Mayor is hereby directed and authorized to execute on behalf of
17 the City, said Grant Deed relative to the sale of City property, designated for Water
18 Department use, a copy of which is attached as Exhibit "2", and an Easement Deed over a
19 portion of City owned property, designated for Water Department use, known as Assessor's
20 Parcel Number 0349-173-29, a copy of which is attached as Exhibit "3" and incorporated
21 herein.
22 SECTION 3. The authorization to execute the above-referenced Agreement is
23 rescinded if the parties fail to execute the Agreement within sixty (60) days of the date of
24 adoption of this Resolution.
25 ///
26 111
27
28
2013-180
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
1 BERNARDINO DIRECTING AND AUTHORIZING THE EXECUTION OF A RIGHT OF WAY
CONTRACT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION, AND
2 THE EXECUTION OF A GRANT DEED AND EASEMENT DEED FOR THE SALE OF CITY
OWNED REAL PROPERTY, DESIGNATED FOR WATER DEPARTMENT USE, GENERALLY
3 LOCATED SOUTHWESTERLY OF CAJON BOULEVARD AND DEVORE ROAD,IN THE CITY OF
SAN BERNARDINO.
4
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
7 and Common Council of the City of San Bernardino at a joint regular meeting
8 thereof, held on the 17 thday of June , 2013, by the following vote, to wit:
9
10 Council Members: AYES NAYS ABSTAIN ABSENT
11 MARQUEZ x
12 JENKINS
13 VALDIVIA x
14 SHORETT x
15
KELLEY
16
17 JOHNSON x
18 MCCAMMACK x
19 / Cl��-
20 George. Hanna, City Clerk
21
The foregoing resolution is hereby approved this Ia,�'"day of June , 2013.
22
23
24 Patri‘k J. Morris,
i of San Bernardino
25
26 Approved as to form:
JAMES F. PENMAN,
27 City Attorney
28 By: � L! A-2cCA
EXHIBIT "1"
STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION CONFIDENTIAL
RIGHT OF WAY CONTRACT STATE HIGHWAY This nt co tai � nall it sh a tion, n,, 9s at
confidential in order to protect against unauthorized
RW 8-3(Rev.6/95) disclosure.
Page 1 of 3
APN:0349-174-10&0349-173-29
District County Route P.M.(RP) E.A. Program Fed.Ref. Name Parcel
8 SB 215 17.30& 17.38 OK710 City of San Bernardino 22516&
22659
San Bernardino ,California
,2013
City of San Bernardino
Grantor
RIGHT-OF-WAY CONTRACT--STATE HIGHWAY
Document No.22516-1 in the form of a Grant Deed and Document No.22659-1 in the form of a Temporary Construction
Easement Deed to the State of California ("Grantee"), covering the property as described on the attached Exhibits "A",
will be executed and delivered to,Erick Gutierrez,Right-of-Way Agent for Overland Pacific&Cutler,Inc.,agent for San
Bernardino Associated Governments(herein referred as"SANBAG")
In consideration of which,and the other considerations hereinafter set forth,it is mutually agreed as follows:
1. (A) The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes
the entire consideration for said document and shall relieve SANBAG of all further obligations or claims on
this account,or on account of the location,grade or construction of the proposed public improvement.
(B) Grantee requires said property described in Documents No.22516-1 and 22659-1 for State highway purposes,
a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor is
compelled to sell,and Grantee is compelled to acquire the property.
(C) Both Grantor and Grantee recognize the expense, time, effort, 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 compromise and settlement,in lieu of such litigation.
2. SANBAG shall:
(A) Pay the undersigned Grantor the sum of$59,800.00 for the property or interest conveyed by above documents
when title to said property vests in the State of California free and clear of all liens, encumbrances,
assessments,easements and leases(recorded and/or unrecorded)and taxes,except:
a. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by
Section 5086 of the Revenue and Taxation Code,if unpaid at the close of escrow.
b. Covenants, conditions, restrictions and reservations of record, or contained in the above-referenced
document.
c. Easements or rights-of-way over said land for public or quasi-public utility or public street purposes,if
any.
STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION Page 2 of 3
RIGHT OF WAY CONTRACT-STATE HIGHWAY(Cont.) Parcel No.22516&22659
(B) Pay all escrow and recording fees incurred in this transaction, and if title insurance is desired by SANBAG,
the premium charged therefore. Said escrow and recording charges shall not,however, include documentary
transfer tax.This transaction will be handled through an external escrow with Lawyers Title Company,Escrow
No.to be determined.
(C) Have the authority to deduct and pay from the amount shown on Clause 2(A)above, any amount necessary to
satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes,
together with penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments which
have become a lien at the close of escrow.
3. Any monies payable under this contract up to and including the total amount of unpaid principal and interest on
note(s)secured by mortgage(s)or deed(s)of trust,if any,and all other amounts due and payable in accordance with
the terms and conditions of said deed(s) of trust or mortgage(s), shall upon demand(s) be made payable to the
mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) are to furnish Grantor
with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s)
or deed(s)of trust.
4. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of
possession and use of the subject property by Grantee, including the right to remove and dispose of improvements,
shall commence at the close of the escrow and that the amount shown 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.
5. Grantor warrant that there are no oral or written leases on all or any portion of the property exceeding a period of
one month and the Grantor agrees to hold SANBAG harmless and reimburse SANBAG for any and all of its losses
and expenses occasioned by reason of any lease of said property held by any tenant of Grantor for a period
exceeding one month. Grantor acknowledges that a quitclaim deed will be required from any lessee that has a lease
term exceeding one month. Said quitclaim deeds are to be provided to Title by Grantor, prior to the close of
escrow.
6. It is understood and agreed by and between the parties hereto that payment as provided in Clause 2(A)includes,but
is not limited to, payment for any and all damages, and any and all damages which may accrue to the Grantor's
remaining property by reason of its severance from the property conveyed herein and the construction and use of the
proposed highway project, including, but not limited to, any expense which Grantor may incur in restoring the
utility of their remaining property.
7. It is agreed between the parties hereto that Grantee is acquiring title subject to unpaid assessments,as set forth herein,is
not assuming responsibility for payment or subsequent cancellation of such assessments. Said assessments include but
are not limited to Lawyers Title Company order number 09304312. The assessments remain the obligation of the
Grantor and, as between SANBAG, Grantee and the Grantor,no contractual obligation has been made requiring their
payment. Payment for the property acquired under this transaction is made upon the basis that the Grantor retains their
obligation to the levying body respecting said assessments.The property acquired under this transaction is to be free
and clear of any bonds and/or assessments at the close of escrow.
8. A temporary construction easement is needed for the purpose of staging and constructing a driveway. Said easement
shall be for a period of 36 months from the date the contractor enters the easement. Said 36 months shall begin no
sooner than the date on which Grantee notices Grantor of the start of the easement period. Easement will terminate no
later than the completion of the construction within the Highway project or 36 months from contract award whichever
comes first. Permission is hereby granted to Grantee or its authorized agent to enter upon Grantor's land where
necessary within that certain area identified as a temporary construction easement for the purpose described above.
No Obligation Other Than Those Set Forth Herein Will Be Recognized
STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION Page 3 of 3
RIGHT OF WAY CONTRACT-STATE HIGHWAY(Cont.) Parcel No.22516&22659
9. It is understood and agreed by and between the parties hereto that this Agreement inures to the benefit of,and is binding
on,the parties,their respective heirs,personal representatives,successors,and or assignees.
In Witness Whereof the Parties vested have executed this agreement the day and year first above written.
VESTING
CITY OF SAN BERNARDINO
BY: EXHIBIT COPY
DATE
ITS:
SAN BERNARDINO ASSOCIATED
GOVERNMENTS (SANBAG)
By EXHIBIT COPY
Raymond W. Wolfe,PhD
Executive Director
APPROVED AS TO FORM:
By
Craig Farrington
SANBAG Right-of-Way Counsel
No Obligation Other Than Those Set Forth Herein Will Be Recognized
EXHIBIT "2"
RECORDING REQUESTED BY
When Recorded Mali To
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
484 W.4V'STREET,81"FLOOR
SAN BERNARDINO,CA 92401-1400
Attention C.Camadlo—MS 850
FREE RECORDING:
Thia Instrument is for the benefit of The State of
California,and Is entitled to be recorded without
fee or tax.(Govt.Code 8103,27383 and Rev.&
Tax Code 11922)
APN: 0349-174-10 Space above this line for Recorder's Use
GRANT DEED District County Route Post Number
(INDIVIDUAL) 08 SBd 215 17,30 22516
City of San Bernardino
GRANT to the STATE OF CALIFORNIA,ab that real property in the unincorporated area
County of San Bernardino State of California,described as:
SEE EXHIBIT"A"
08-SBd-215-PM 17.30-22516(22516-1)
Form RW 8-1(A)(Revised 03/10)
Exhibit"A"
All that certain real property situated in the County of San Bernardino, State of California,
described as follows:
Lot 5, Block 31, Map of Devore, in the County of San Bernardino, State of California, as shown
on a map recorded in Book 17, Pages 79 and 80 of Maps, in the office of the County Recorder
of said county.
Except therefrom any and all oil, gas, minerals, and other hydrocarbon substances lying below a
depth of 500 feet, as more particularly set forth and provided in that certain document recorded
January 11, 1977 in Book 9090, Page 716 of Official Records.
Assessor's Parcel Number: 0349-174-10
08-SBd-215-PM 17.30-22561 (22561-1)
r Number
22516-1
Dated this day of ,20_,
City of San Bernardino
By:
Its: EXHIBIT COPY
State of California
ACKNOWLEDGMENT
County of } ss
On before me,
(here Insert name and title of the officer)
personally appeared
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature (Seal)
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 r 20
Director of Transportation
By
Attorney In Fact
Form RW 8-1(A)(Revised 01108)
EXHIBIT "3"
RECORDING REQUESTED BY
When Recorded Mall To
STATE OF CALIFORNIA •
DEPARTMENT OF TRANSPORTATION
464 W.4th STREET,fr FLOOR
SAN BERNARDINO,CA 92401-1400
Attention C.Camarillo—MS 650
FREE RECORDING:
This instrument is for the benefit of The State of
California,and Is entitled to be recorded without
fee or tax.(Govt.Code 6103,27383 and Rev.&
Tax Code 11922)
Space above this line for Recorder's Use
APN: 0349-173-29
EASEMENT DEED District 1 County Route Post
Number
08 SBd 215 17.38 22659
City of San Bernardino
GRANT to the State of California a TEMPORARY EASEMENT for construction and incidents thereto ,
upon, over and across that certain real property in the, unincorporated area
County of San Bernardino ,State of California,described as follows:
SEE EXHIBIT "A"
08-SBd-215-PM 17.38-22659(22659-1)
Form RW 8-1(P)(Revised 03110)
EXHIBIT"A"
An EASEMENT for temporary construction purposes upon,over and across those
portions of Lots 14 and 15, Block 26, Map of Devore in the unincorporated area of the
County of San Bernardino, State of California, as shown on the map recorded in Book 17,
pages 79 and 80 of Maps,in the Office of the County Recorder of said County,described
as follows:
COMMENCING at a 1 inch pipe at the intersection of Old Cajon Boulevard and
Devore Road as shown on Record of Survey,Book 43, page 74, Office of the said County
Recorder; thence along the centerline of said Old Cajon Boulevard,North 77°28'21"West,
806.76 feet; thence North 12°48'09"East,20.00 feet to the northerly right of way line
of said Old Cajon Boulevard(40.00 feet wide) as shown on said maps and the POINT
OF BEGINNING; thence along said right of way, North 77°28'21"West, 58.93 feet;
thence North 12°48'09" East, 28.96 feet; thence South 77°11'51" East, 58.93 feet;
thence South 12°48'09"West,28.68 feet to the POINT OF BEGINNING.
Containing 1,698 square feet,more or less.
The bearings and distances used in the above description are based on the
California Coordinate System of 1983, Zone 5. Divide distances shown by 0.9998700 to
obtain ground level distances.
All rights acquired herein shall terminate on April 1, 2017 or upon filing Notice
of Completion.
This real property description has been prepared by me,or under my direction,in conformance
with the Professional Land Surveyors Act.
, e �NI►4UUVD.G
Signature: f ,tL6 ,p
7--Professional Land Surveyor yt 0, �lA�p� L
Date: v i� 2 of C No.6861 �o
1241.13
08-SBd-215-PM 17.38-22659(22659-1)
2013-180
STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION CONFIDENTIAL
RIGHT OF WAY CONTRACT STATE HIGHWAY This document contains personal information, and
pursuant to Civil Code 1798.21, it shall be kept
confidential in order to protect against unauthorized
RW 8-3(Rev.6/95) disclosure.
Page 1 of 3
APN:0349-174-10&0349-173-29
District County Route P.M.(KP) E.A. Program Fed.Ref. Name Parcel
8 SB 215 17.30& 17.38 OK710 City of San Bernardino 22516&
22659
San Bernardino ,California
June 20 ,2013
City of San Bernardino
Grantor
RIGHT-OF-WAY CONTRACT-- STATE HIGHWAY
Document No. 22516-1 in the form of a Grant Deed and Document No. 22659-1 in the form of a Temporary Construction
Easement Deed to the State of California ("Grantee"), covering the property as described on the attached Exhibits "A",
will be executed and delivered to,Erick Gutierrez,Right-of-Way Agent for Overland Pacific&Cutler, Inc., agent for San
Bernardino Associated Governments(herein referred as"SANBAG")
In consideration of which,and the other considerations hereinafter set forth,it is mutually agreed as follows:
1. (A) The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes
the entire consideration for said document and shall relieve SANBAG of all further obligations or claims on
this account,or on account of the location,grade or construction of the proposed public improvement.
(B) Grantee requires said property described in Documents No. 22516-1 and 22659-1 for State highway purposes,
a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor is
compelled to sell,and Grantee is compelled to acquire the property.
(C) Both Grantor and Grantee recognize the expense, time, effort, 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 compromise and settlement,in lieu of such litigation.
2. SANBAG shall:
(A) Pay the undersigned Grantor the sum of$59,800.00 for the property or interest conveyed by above documents
when title to said property vests in the State of California free and clear of all liens, encumbrances,
assessments,easements and leases(recorded and/or unrecorded)and taxes,except:
a. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by
Section 5086 of the Revenue and Taxation Code,if unpaid at the close of escrow.
b. Covenants, conditions, restrictions and reservations of record, or contained in the above-referenced
document.
c. Easements or rights-of-way over said land for public or quasi-public utility or public street purposes, if
any.
2013-180
STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION Page 2 of 3
RIGHT OF WAY CONTRACT- STATE HIGHWAY (Cont.) Parcel No.22516&22659
(B) Pay all escrow and recording fees incurred in this transaction, and if title insurance is desired by SANBAG,
the premium charged therefore. Said escrow and recording charges shall not, however, include documentary
transfer tax.This transaction will be handled through an external escrow with Lawyers Title Company,Escrow
No.to be determined.
(C) Have the authority to deduct and pay from the amount shown on Clause 2(A)above, any amount necessary to
satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes,
together with penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments which
have become a lien at the close of escrow.
3. Any monies payable under this contract up to and including the total amount of unpaid principal and interest on
note(s) secured by mortgage(s)or deed(s)of trust, if any, and all other amounts due and payable in accordance with
the terms and conditions of said deed(s) of trust or mortgage(s), shall upon demand(s) be made payable to the
mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) are to furnish Grantor
with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s)
or deed(s)of trust.
4. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of
possession and use of the subject property by Grantee, including the right to remove and dispose of improvements,
shall commence at the close of the escrow and that the amount shown 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.
5. Grantor warrant that there are no oral or written leases on all or any portion of the property exceeding a period of
one month and the Grantor agrees to hold SANBAG harmless and reimburse SANBAG for any and all of its losses
and expenses occasioned by reason of any lease of said property held by any tenant of Grantor for a period
exceeding one month. Grantor acknowledges that a quitclaim deed will be required from any lessee that has a lease
term exceeding one month. Said quitclaim deeds are to be provided to Title by Grantor, prior to the close of
escrow.
6. It is understood and agreed by and between the parties hereto that payment as provided in Clause 2(A) includes,but
is not limited to, payment for any and all damages, and any and all damages which may accrue to the Grantor's
remaining property by reason of its severance from the property conveyed herein and the construction and use of the
proposed highway project, including, but not limited to, any expense which Grantor may incur in restoring the
utility of their remaining property.
7. It is agreed between the parties hereto that Grantee is acquiring title subject to unpaid assessments,as set forth herein,is
not assuming responsibility for payment or subsequent cancellation of such assessments. Said assessments include but
are not limited to Lawyers Title Company order number 09304312. The assessments remain the obligation of the
Grantor and, as between SANBAG, Grantee and the Grantor, no contractual obligation has been made requiring their
payment. Payment for the property acquired under this transaction is made upon the basis that the Grantor retains their
obligation to the levying body respecting said assessments. The property acquired under this transaction is to be free
and clear of any bonds and/or assessments at the close of escrow.
8. A temporary construction easement is needed for the purpose of staging and constructing a driveway. Said easement
shall be for a period of 36 months from the date the contractor enters the easement. Said 36 months shall begin no
sooner than the date on which Grantee notices Grantor of the start of the easement period. Easement will terminate no
later than the completion of the construction within the Highway project or 36 months from contract award whichever
comes first. Permission is hereby granted to Grantee or its authorized agent to enter upon Grantor's land where
necessary within that certain area identified as a temporary construction easement for the purpose described above.
No Obligation Other Than Those Set Forth Herein Will Be Recognized
� w
2013-180
STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION Page 3 of 3
RIGHT OF WAY CONTRACT- STATE HIGHWAY(Cont.) Parcel No.22516&22659
9. It is understood and agreed by and between the parties hereto that this Agreement inures to the benefit of,and is binding
on,the parties,their respective heirs,personal representatives,successors,and or assignees.
In Witness Whereof the Parties vested have executed this agreement the day and year first above written.
VESTING
CITY OF SAN BERNARDINO
BI "-)4614 4o a..a/►
DAT
ITS:
SAN BERNARDINO ASSOCIATED
GOVERNMENTS (SANBAG)
By
Raymond W. Wolfe,PhD
Executive Director
APPROVED AS TO FORM:
By
Craig Farrington
SANBAG Right-of-Way Counsel
No Obligation Other Than Those Set Forth Herein Will Be Recognized
2013-180
RECORDING REQUESTED BY
When Recorded Mail To
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
464 W.4'STREET,6t"FLOOR
SAN BERNARDINO,CA 92401-1400
Attention C.Camarillo--MS 650
FREE RECORDING:
This Instrument Is for the benefit of The State of
California,and is entitled to be recorded without
fee or tax.(Govt.Code 6103,27383 and Rev.&
Tax Code 11922)
APN: 0349-174-10 Space above this line for Recorder's Use
GRANT DEED District County Route Post Number
(INDIVIDUAL) 08 SBd 215 17.30 22516
City of San Bernardino
GRANT to the STATE OF CALIFORNIA,all that real property in the unincorporated area
County of San Bernardino ,,State of California,described as:
SEE EXHIBIT"A"
08-SBd-215-PM 17.30-22516(22516-1)
Form RW 6-1(A)(Revised 03110)
2013-180
Exhibit"A"
All that certain real property situated in the County of San Bernardino, State of California,
described as follows:
Lot 5, Block 31, Map of Devore, in the County of San Bernardino, State of California, as shown
on a map recorded in Book 17, Pages 79 and 80 of Maps, in the office of the County Recorder
of said county.
Except therefrom any and all oil, gas, minerals, and other hydrocarbon substances lying below a
depth of 500 feet, as more particularly set forth and provided in that certain document recorded
January 11, 1977 in Book 9090, Page 716 of Official Records.
Assessor's Parcel Number: 0349-174-10
08-SBd-215-PM 17.30-22561 (22561-1)
• 2013-180
Number
22516-1
4-y
Dated this O day of ,2015
City of San Bernardino
13W (1_<-714 ( C-NCL
Its:
State of California
ACKNOWLEDGMENT
County of n Xl 'df-,J/4 r 3' SS
On 1—.2D-23 before me, Jjr/e ,e /Oh 7D Gam, 4 ,4Ai� ,
(here Insert name two Of the officer) �/
personally appeared 1T/2-let oT o,-r
who proved to me on the basis of satisfactory evidence to be the person($whose names)is/subscribed to the within
instrument and acknowledged to me that he/st46/tlyay executed the same in his/iyer/thet"r authorized capacity(ie4,,and
that by his/heflthelii signature(.a)'on the instrument the persons%or the entity upon behalf of which the person(s)'acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand d official seal.
VALERIE R.MONTOYA
Commission 1985357
Signature (Seal) ' Notary Public-California
San Bernardino County
M1 Comm.Estes Aug 201 J
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,,,,_
Director of Transportation
By
Attorney in Fact
Form RW 6-1(A)(Revised 01/08)
2013-180
RECORDING REQUESTED BY
When Recorded Mail To
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
464 W.4th STREET,6th FLOOR
SAN BERNARDINO,CA 92401-1400
Attention C.Camarillo—MS 650
FREE RECORDING:
This instrument is for the benefit of The State of
California,and is entitled to be recorded without
fee or tax.(Govt.Code 6103,27383 and Rev.&
Tax Code 11922)
APN: 0349-173-29 Space above this line for Recorder's Use
EASEMENT DEED District County Route Post Number
08 SBd 215 17.38 22659
City of San Bernardino
GRANT to the State of California a TEMPORARY EASEMENT for construction and incidents thereto ,
upon, over and across that certain real property in the unincorporated area
County of San Bernardino ,State of California,described as follows:
SEE EXHIBIT "A"
08-SBd-215-PM 17.38-22659 (22659-1)
Form RW 6-1(P)(Revised 03/10)
' 2013-180
EXHIBIT"A"
An EASEMENT for temporary construction purposes upon, over and across those
portions of Lots 14 and 15, Block 26, Map of Devore in the unincorporated area of the
County of San Bernardino, State of California, as shown on the map recorded in Book 17,
pages 79 and 80 of Maps,in the Office of the County Recorder of said County, described
as follows:
COMMENCING at a 1 inch pipe at the intersection of Old Cajon Boulevard and
Devore Road as shown on Record of Survey, Book 43, page 74, Office of the said County
Recorder; thence along the centerline of said Old Cajon Boulevard,North 77°28'21" West,
806.76 feet; thence North 12°48'09"East, 20.00 feet to the northerly right of way line
of said Old Cajon Boulevard (40.00 feet wide) as shown on said maps and the POINT
OF BEGINNING; thence along said right of way, North 77°28'21"West, 58.93 feet;
thence North 12°48'09" East, 28.96 feet; thence South 77°11'51" East, 58.93 feet;
thence South 12°48'09"West,28.68 feet to the POINT OF BEGINNING.
Containing 1,698 square feet,more or less.
The bearings and distances used in the above description are based on the
California Coordinate System of 1983, Zone 5. Divide distances shown by 0.9998700 to
obtain ground level distances.
All rights acquired herein shall terminate on April 1, 2017 or upon filing Notice
of Completion.
This real property description has been prepared by me,or under my direction,in conformance
with the Professional Land Surveyors Act.
.f
Signature: / ° , _.___ �`� 4uNaBG
Professional Land Surveyor 4 AS,.LE?►p� 'P.
Date: eL No.8351 73
* EXP. 1241.3 *
08-SBd-215-PM 17.38-22659 (22659-1)
2013-180
Number
22659-1
T)
Dated this cad day of .J ,20 1
City of San Bernardino
- m.71\
Its:
State of California SS ACKNOWLEDGMENT
County of. 4
On, ‘-'20-/3 before me, /'C:411- /9.742 ,' X`c
/�1 // (her 1 ert name and title of the-sifficer)
personally appeared 1G�43 c'7C ,'1ct
,who proved to me on the basis of
satisfactory evidence to be the person(srwhose name(ors/afersubscribed to the within instrument and acknowledged to
me that heispetha executed the same in his/heritileifauthorized capacity(iga and that by his/her/their signature on
the instrument the persons or the entity upon behalf of which the person(acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal. VALERIE R.MONTOYA
1. Commission 9 1985357
Notary Public-Cslifornis
Signature ��� - �� �. (Seal) "FJ San 8srnudtno County
Comm.E rss Au 2 201
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
Director of Transportation
By
Attorney in Fact
Form RW 6-1(P)(Revised 01/08)