Loading...
HomeMy WebLinkAbout05.L- Public Works RESOLUTION (ID#2609) DOC ID: 2609 A CITY OF SAN BERNARDINO–REQUEST FOR COUNCIL ACTION Easement From: Tony Frossard M/CC Meeting Date: 08/19/2013 Prepared by: Ryan Sandoval, (909) 384-5140 Dept: Public Works — Ward(s): 3 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of a Quitclaim Deed to Hampton Inn and Suites H.I.S. of San Bernardino, Inc., for Those Certain Easements Granted to the City for a Water Pipeline Located on a Private Road Southwest of Tippecanoe Avenue and Hospitality Lane. (#2609) Current Business Registration Certificate: Not Applicable Financial Impact: None. Motion: Adopt the Resolution. Synopsis of Previous Council Action: None. Background: Hampton Inn and Suites H.I.S. of San Bernardino, Inc., a California Corporation (Hampton Inn), has entered into an agreement with the San Bernardino Municipal Water Department (Department) to install approximately 351 feet of 12-inch water main through the property on a private road southwest of Tippecanoe Avenue and Hospitality Lane. The proposed 12-inch pipeline will serve a proposed commercial development consisting of two hotels. The project is located at the south end of the private road. The alignment for the proposed water main described above is located on Hampton Inn property, which was acquired from IE Hospitality Hotels LLC on October 12, 2012. To make the hotel service connections possible, two (2) separate easements have been granted to the Department; one by Hampton Inn and the second by IE Hospitality Hotels LLC; a California Limited Liability Company. The two easements granted to the Department were accepted based on the facilities being built in accordance with approved Water Improvement Plans. The facilities installed during construction were slightly larger than anticipated and the easement needs to be enlarged. Rather than accepting a third easement for the planned Department facilities, the first two easements will be quitclaimed back to Hampton Inn and a new single easement large enough to accommodate the Department facilities shall be granted to the Department. The new easement is attached for reference. The attached resolution authorizes the Mayor to execute a Quitclaim Deed to Hampton Inn and Suites H.I.S. of San Bernardino, Inc., for the two waterline easements previously accepted and recorded by the City. A new executed waterline easement has been provided by Hampton Inn Updated: 8/15/2013 by Georgeann"Gigi"Hanna Ag' �` 2609 for acceptance and recordation once this action is approved. City Attorney Review: Supportinp_Documents: Resolution (PDF) Reso Attachment I - QUITCLAIM DEED (PDF) Vicinity Map (PDF) Water Dept Memo (PDF) Proposed New Easement (PDF) Updated: 8/15/2013 by Georgeann"Gigi"Hanna A 9 �5 M r - I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF 3 A QUITCLAIM DEED TO HAMPTON INN AND SUITES H.I.S. OF SAN 4 BERNARDINO, INC., FOR THOSE CERTAIN EASEMENTS GRANTED TO THE CITY FOR A WATER PIPELINE LOCATED ON A PRIVATE ROAD SOUTHWEST 5 OF TIPPECANOE AVENUE AND HOSPITALITY LANE. 6 -' BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: a 0 8 SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and = 9 = directed to execute on behalf of said City, a Quitclaim Deed to Hampton Inn and Suites H.I.S. E 10 of San Bernardino, Inc., for those certain water pipeline easements located on a private road W 11 = 12 southwest of Tippecanoe Avenue and Hospitality Lane, in the City of San Bernardino, more 13 particularly described in Attachment"1"attached hereto and made a part hereof. o E 14 111 15 Cn 16 a 17 0 18 N 19 0 w 20 N d CL' 21 :-• _ d 22 E V 23 a 24 25 26 27 28 Pacicet�P j:252 S.L.a RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A QUITCLAIM DEED TO HAMPTON INN AND SUITES H.I.S. OF SAN BERNARDINO, INC., FOR THOSE CERTAIN EASEMENTS 2 GRANTED TO THE CITY FOR A WATER PIPELINE LOCATED ON A PRIVATE ROAD SOUTHWEST OF TIPPECANOE AVENUE AND HOSPITALITY LANE. 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the-Mayor 6 and Common Council of the City of San Bernardino at a meeting r 7 thereof, held on the day of , 2013, by the following vote,to wit: ° CL 8 N O Council Members: AYES NAYS ABSTAIN ABSENT = 9 10 MARQUEZ y M 11 JENKINS d c 12 VALDIVIA ; 13 � SHORETT o 14 KELLEY 15 CY JOHNSON 16 17 MCCAMMACK a� 0 18 N 19 Georgeann Hanna, City Clerk ° _3 20 O The foregoing resolution is hereby approved this day of ,2013. 21 22 23 Patrick J. Morris, Mayor w City of San Bernardino a 24 Approved as to form: 25 JAMES F. PENMAN, 26 City Attorney 27 By: Od� 28 Packet�Pg353 5.L.b ATTAC H M EN RECORDING REQUESTED BY: City of San Bernardino WHEN RECORDED MAIL TO: TMI Hospitality,Inc. 1201 Page Drive Fargo,ND 58103 J CU DOCUMENTARY TRANSFER TAX$ SPACE ABOVE THIS LINE FOR RECORDER'S USE a N Computed on the consideration or value of property conveyed;OR O .....Computed on the consideration or value less liens or encumbrances ' remaining at time of sale. y E d QUITCLAIM DEED W FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, L a� City of San Bernardino f° hereby remise,release and forever quitclaims to 0 Hampton Inn and Suites H.I.S.of San Bernardino,Inc.,a California corporation E All right,title and interest in and to the Grant of Easement recorded on August 8,2008 as Document No.2008-0362909 of Official Records of the County of San Bernardino, California,a copy of which is attached hereto as Exhibit`1' and CY made a part hereof, and the Grant of Easement recorded on February 27, 2013 as Document No. 2013-0084135 of U) Official Records, of said County,a copy of which is attached hereto as Exhibit"2"and made a part hereof,within the following described property: o� PARCEL 4 OF PARCEL MAP NO. 17772, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN 0 BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT MAP RECORDED IN BOOK 224 OF PARCEL MAPS, N PAGES 87 TO 90 INCLUSIVE,IN THE OFFICIAL RECORDS OF SAID COUNTY. w w Assessor's Parcel Number 0281-361-25 0 Dated CITY OF SAN BERNARDINO J H STATE OF CALIFORNIA }ss D COUNTY OF EXHIBIT COPY On before me, a PATRICK J.MORRIS,MAYOR notary public,personally appeared Ec U f6 .r+ w Who proved to me on the basis of satisfactory evidence to be the Q person(s)whose name(s)is/are subscribed to the within instrument N 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 Q behalf of which the person(s)acted,executed the instrument. E I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Q WITNESS my hand and official seal. Signature MAIL TAX STATEMENTS TO:SAME AS ABOVE Packet Pg. 254 EXHIBIT Recorded In flfflclBI Records,County of San Bernardino 810812006 RECORDING REQUESTED P STED BY LARRY WALKER M AM P AND Auditor/Controller — Recorder WHEN RECORDED MAU,TO: W. Stacey Aldstadt,General Manager P Counter _ City of San Bernardino = Municipal Water Department DOC#: 2008-0362909 Titles: 1 Pages 8 J a Fees 0.00 P.O.BOX 7111 Taxes 0.80 :R 300 North D Street Other e.0e CL San Bernardino,CA 92402 PAID $e.ee 0 Project Name: Hospitality Courtyard NO FEE PER GOVERNMENT CODE SECTION 6103 E APN:0281-361-25 SPACE ABOVE FOR RECORDER'S USE v, GRANT OF EASEMENT i This Grant of Easement is entered into by and between IE HOSPITALITY HOT LS_LL!C,_a c California limited liability company, as to a seventy-five percent (75%) undivided interest, and_ S.S.P. MOTEL CORP., a California corporation, as to a twenty-five percent (25%) undivided 0 interest,hereinafter collectively referred to as Grantor, and the City of San Bemdino, hereinafter referred to as Grantee. cY Grantor, in consideration of the mutual promises contained herein, and the public benefit provided, hereby_grants uuULGraWQg,11s_successors and assigns, an easement to locate,glocate, construct, a reconstruct, maintain, alter, enlarge, inspect, re air and replace underground pipe ifie_for the t�anspo�r i"mat®r;and -' cones is anholes,'structures and ecwi„Dment necessary or o onvenient thereto, onjpder acrQss that certain real roe �escnbed and„shown on E it."A". N _r9p.._. ...__...___.._w._. _. .. �._. ,. attic ere o and by this reference made'_parr hereof. o W THIS EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS AS SHOWN ON 0 EXHIBIT KB"ATTACHED AND MADE A PART HEREOF. 2 a J IE HOSPITALITY HOTELS LLC,a California limited liability company,as to a seventy-five percent(75%)undivided interest,and S.S.P.MOTEL CORP.,a California corporation,as to a cY twenty-five percent(25%)undivided interest T r Dated: —11 2008 a E U By' By: Q 0 Name: N'.�ec.. �a 1 Name: N'.'tzS�,. , �mk� 1 Ix w Title: Title: [signature(s)must be notarized] Y a Packet Pg. 255 5.L.b ROJECT NAME: aspitality 0281-361-25tyards CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califo is J County o �� Y TO 1 Or1a/ILS�/,� ZO 4 before me, � —7— (Here maert namc and this of the oft'i ) personally appeared -7 6-�57,41 A7 E a� 0 who proved to me on the basis of satisfactory evidence to be the personp�it whose nameA�t�subscribe to the within instrument and acknowledged to me that he/ fe/ executerd�the same idhis r/�authorized = capacity(,and that by hisI1146 lwif signature on the iifsttument the person ,or the entity upon behalf of : which the erso s act � to p 0S) ed,executed the instrui�ient 3: 0 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph E is true and correct. C" U NIKKI J.MCCUIN WITNESS m hand and official seal. x comm. #1e18 c StUi BEWUM010 COlfi7TY My Comm.Ej#n Nov.4,2009 (Notary Seal) 3i c .. rn 0 co N_ ADDITIONAL OPTIONAL INFORMATION o INSTRUCTIONS FOR COMPLETING THIS FORM W DESCRIPTION OF THE ATTACHED DOCUMENT Any acknowledgment completed in Calr/ornla mart contain verbiage aracrly as Cl appears above In the notary section or a separate acknowledgment form mutt be properly completed and attached to that document The only exception is j a Q O document Is to be recorded outslde of Calffornia.In such instances,any alternative J acknowledgment verbiage at may be printed on such a document so to as the U (Title or description of attached document) ve1biQ$e does not require the notary to do something that is illegat for a notary in ~ Cal ffernla#A carr6hng the authorized capacity of the signer). Pirate check the D (Title or description ofattwhed document continued) document caefullyfar proper notarial wading and attach Ihirform f f required CI , Number of Pages Document Date • State and County infannation must be the State and County where the document slgaer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which moat also be the same data the acknowledgment Is completed (Additional information) • The notary public must print his or her nine as it appears within his or her 0 commission followed by a comma and then your title(notary public). • Print the name(,)of document sigaet(s)who personally appear at the time of Q notarization CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural fortes by crossing off incorrect forts(i.e. d ❑ Individual(s) lWahollhey-is/are)or dueling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression rust be clear and phonographically reproducible. � Impression must not cover text or lines If seal impression smudges,re-seal if a d (Title) sufficiont arm permits,otherwise complete a different acknowledgment form. E Cl Panner(s) • Signature of the notary public must match the signature on file with the office of v El Attorney-in-Fact rho county re O Additional information is not required but could help to ensure this Q O Ttnstee(s) acknowledgment is not misused or attached to a different document. ❑ Other O Indicate title or type of coached document,number of pages and date. 4 Indicate the capacity claimed by the signer.if the claimed capacity is a corporate officer,indicate the title(i.e.CFA,CFO,Secretary), • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.Notary0asses.com Packet Pg. 256 Project Name: Hospitality Courtyard APN:0281-361-25 ' = EXHIBIT"B" CONDITIONS 1. Grantee hereby agrees to save and hold harmless Grantor and its officers or employees from all sums which Grantor or any of its officers or employees may be obligated to pay by w reason of any liability imposed on them for damages arising out of the performance of the services rendered by Grantee and caused by any error, omission or act of Grantee or any o person employed by him or her or any others for whose acts Grantee is legally liable. Said x sums shall include, in the event of legal action, court costs, expenses of litigation and c reasonable attorney's fees. 2. Grantor hereby agrees to save and hold harmless Grantee and its departments, agencies, w officers or employees from all sums which Grantee or any of its departments, agencies, officers, or employees may be obligated to pay by reason of any liability imposed on them for damages arising out of the performance of the services rendered by Grantor and caused by any error,omission or act of Grantor or any person employed by him or her or any others for whose acts Grantor is legally liable. Said sums shall include, in the event of legal action, ° court costs,expenses of litigation and reasonable attorney's fees. U 3. Grantor reserves the right to use said real property in any manner, provided such use does a not unreasonably interfere with Grantee's rights hereunder. No structures will be erected U) within the limits of this easement to include but not limited to buildings, walls, swimming a pools, ponds, fences and similar type structures. Any structures placed within easement limits without the approval of the Grantee will be removed at the Grantor's expense. o N 4. No substantial landscape items will be installed within the limits of this easement to include o but not limited to trees, shrubs, landscape walls and similar type landscape material. w Limited groundcover landscaping will be subject to written approval by Grantee and any o landscape groundcover material previously approved by Grantee, and placed within easement limits and subsequently removed due to Grantee's activity shall be replaced by J Grantee at Grantee's expense. Any landscape material placed within easement limits without the approval of the Grantee will be removed at Grantor's expense. cY 5. Grantor reserves the right to require Grantee, at Grantor's expense, to remove and relocate all improvements placed by Grantee upon said real property, upon determination by Grantor that the same will interfere with future development of Grantor's property. Within 180 days after Grantor's written notice and demand for removal and relocation of the improvements, w Grantee shall remove and relocate the improvements to a feasible location on the property of Q Grantor, as designated by Grantor provided that Grantor shall grant Grantee with an easement in such new location, on the same terms and conditions as herein stated, all o! without cost to Grantee, and Grantee thereupon shall reconvey to Grantor the easement herein granted. E U 6. Grantee agrees to use due care in any use of the easement herein granted and in the w construction, installation, repair, replacement and maintenance of Grantee's improvements Q on the easement area as provided for herein so as not to unreasonably disturb Grantor's use of its property. In the event Grantee disturbs the property in connection with this easement, Grantee agrees to restore the property to the condition in which it was found. Packet Pg. 257 5.L.b Project Name: SHEET 1 OF 3 Hospitality Courtyard -' APN:0281-361-25 EXHIBIT "A" J a WATER EASEMENT `a a �- N LEGAL DESCRIPTION =° ,r c A STRIP OF LAND, 16.00 FEET IN WIDTH, SITUATE IN A PORTION OF PARCEL 4 OF E PARCEL MAP NO. 17772, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN in BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 224 PAGES 87 w THROUGH 90 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS. �o COMMENCING AT A POINT ON THAT CERTAIN COURSE IN A WESTERLY LINE OF SAID PARCEL 4, SHOWN AS HAVING A BEARING AND DISTANCE OF"SOUTH 000 00'00'EAST, 0 121.67 FEET'ON SAID PARCEL MAP NO. 17772, DISTANT THEREON NORTH 000 00'00" E WEST, 17.74 FEET MEASURED ALONG SAID WESTERLY LINE, FROM ITS SOUTHERLY r TERMINUS THEREOF, co C� THENCE NORTH 450 00' 00" EAST, 31.11 FEET, THENCE PARALLEL WITH SAID WESTERLY LINE, NORTH 00° 00' 00' WEST, 71.06 FEET, THENCE NORTH 55° 15' 24- n: WEST, 4.23 FEET; THENCE AT RIGHT ANGLES NORTH 34°44'36-EAST, 3.00 FEET TO THE TRUE POINT OF BEGINNING; m 0 cfl THENCE NORTH 550 15'24"WEST, 10.00 FEET TO A POINT ON A CURVED LINE WITH A RADIUS OF 50.50 FEET, CONCAVE NORTHWESTERLY AND BEING PARALLEL AND o CONCENTRIC WITH THAT CERTAIN CURVE IN THE WESTERLY LINE OF SAID PARCEL 4, w SHOWN AS HAVING A RADIUS OF 41.00 FEET AND A LENGTH OF 57.76 FEET ON SAID PARCEL MAP NO. 17772, SAID POINT BEING THE END POINT OF THIS DESCRIPTION. Q THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED TO TERMINATE NORTHWESTERLY IN SAID CURVED LINE. C3 CONTAINING: 163 SQUARE FEET OR 0.004 ACRES MORE OR LESS. c d SUBJECT TO:COVENANTS, CONDITIONS, RESRICTIONS, RESERVATIONS, EASEMENTS E AND RIGHTS-OF-WAY, IF ANY. JEJ CRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. a 0 m 2 Cpl Alp A T D ATE: `� 1• rhG'PN L. HIENES S. No. 5750 w REG. EXP. 12/31/09 m NO. 5750 t�i� �10 Q E1P.12/31/09 NA26MESAM2650 SBMM.doc q Last Update:oiilaos OF CA�� Packet Pg. 258 Project Name: Hospitality Courtyard APN:0281-361-25 Certificate of Acceptance This is to certify that the interest in real property conveyed by the within instrument to the City of o San Bernardino, California, a municipal corporation, is hereby accepted by order of the City = Council,and grantee consents to the recordation thereof by its duly authorized officer. a� E w CITY OF SAN BERNARDINO = •L �Q By: A �� ° City Clerk E Date:_ �.�s.Z- 7, Z y Gdy � a 0 m N W W O a J V H 7 C< C E V Q O r C d E V f4 a+ Q Packet Pg. 259 5.L.b State of California ) CALIFORNIA ALL-PURPOSE County of 649 2"Oftir No CERTIFICATE OF ACKNOWLEDGMENT On. lg Uhl 't'Zt� before me, 1� fU A ( CE! Ql I ti07 � p( LC, (here insert name and tide of the officer) personally appearedCf1' L is N 0 x who proved to me on the basis of satisfactory evidence to be the personal whose name(sl is/are subscribed to E m the within instrument and acknowledged to me that Wshe/they executed the same in kWherftheir w authorized capacity(ies), and that by WherAheir signatureW on the instrument the person%, or the entity c upon behalf of which the person(4)acted,executed the instrument. R (Q I certify under PENALTY OF PERJURY under the laws of the 0 State of California that the foregoing paragraph is true and correct. E WITNESS my hand and official seal. MAYRA OCHIQUI ZZ*MyComm COMM.#1790419 C� NOTARY PUBLIC-CAUFORNIA N (n SAN BERNAROINO COUNTY Expires February 3,2012 Signature (Seal) 0 OPTIONAL INFORMATION N Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this } W acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document. W D Description of Attached Document a The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification U R titled/for the purpose of JYLf 6JT' 6V:- r Proved to me on the basis of satisfactory evidence: �/} Lo forms)of identification O crecilble witnesses) d Ca MQM le a O F � oc r 4SY , Notarial event is detailed in notary journal on: containing pages,and dated Page 0 Entry p E The signer(s)capacity or authority is/are as: Notary contact ❑ Indivldual(s) Other Q ❑Attorney-in-Fact ❑ Additional5igner(s) ❑ Signer(s)Thumbpllnt(s) O ❑Corporate Officer(s) + ai Title(s) ❑ ❑GuardiarVConservator ❑ Partner-Limited/General s ❑Trustee(s) tvo ❑Other. Q representing: _ Name(s)of Person(s)or Entlty(les)Signer is Representing n�.mwomno„wnommm,n000m..nwwmwnom.uoA. .�wm�a.,cr.ea,....m. .mnm�.,mn.dmv„em.vw„n.�mH O Copyright 2007 Notary Rotary.Inc.925 29th St,Des Moines,IA 50312-3612 Form ACK03. 10107 To re-order,call toll-free 1-877-349-6588 or tisit us on the Internet at hup//www notaryrotary.com Packet Pg. 260 i f 5.L.b PROJECT NAM£.• EXHIBIT 'A ' SHEET 3 OF 3 Hospitality Courtyard WATER EASEMENj APN.• 0281-361-25 ALIT'Y LN. l � I 4 ! q) ) 1 c \v '✓ I /T.P.O.B.I I /� ` E l A ,�h LLI 4 DETAIL SCALE. 1"620' V I I V I E a Q cc Ll 4' CY 1 ( v? I I I T.P.O.S. 0- JII A 'b DETAIL A P.O.C. I I I �� �� W LU SCALE.- 1'650' �� I � Q4 I ° MOST NORTHERLY Q / SW CORNER PARCEL 4\ / SEE DETAIL "A" l --r I a TANGENT TABLE.' CURIE TABLE.' NO. DISTANCE BLEARING E NO. DELTA RADIUS LENGTH Tl 121.67' N 00'00'00" W T2 31.11' N 45'00'00" £ Cl 8004248" 41.00' 57.76' T3 71.06' N 00'00'00" W a C2 83'18105" 50.50' 73.42 T4 4.23' N 55'15'24" W T5 3.00' N 34'44:36" £ T6 10.00' N 55'1514' W T7 50.50' N 55'1514" W = LEGEND: SCALE:I 100' _____i INDICATES WATER EASEMENT. SURVEMR.' ! CONTAINS.' 163 SO. FT. 0.004 ACRES t PREPARED 1HE RNSlON 0F.• o<v\Q�l ryy �P�11 or � Thieves i ineelinng Inc. 57� y am ANOWEERM- *un0 .�. ? p .12/31/09 14549 FMES70ME MLA D IAN L. THI£N 7E M.S. O. 5750 I (77t 1-IBl1 I g7'1 71-E171 M.S.R£G. EXP. D£C. A 2009 4F CA�� Packet Pg. 261 5.L.b PRalECT NAME- EXHIS T A ' SKEET 2 OF 3 Hospitolity Courtyond WATER EASEMENT APN.• 0281-361-25 ORANGE SHOW RD Ir w ' SAN BERNARDINO J lz AVENUE Q ;' Coo LEYAVE W r 1 a_ Q N r VICTORIA AVE- 0 ,SITE ''� �P ,HAROT ST HARDT ST m D i ST � w E Z - ON W ST N w w HOSPITALITY RIMAN PL - EEY'IAY 2 SAN BERNARDINO 10 REDLANDS ' BLVD ° 1 MIAMI ASAP u ; a NOT TO SCALE N o) AA E 0 cc a P o PROPOSED EASEMENTQ a W E LOC' 77ON MAP Nor TO SCALE l Packet Pg. 262 Recorded In official Records,County o1 San Bernardino 2127/2013 EXHIBIT vv2vv DENNIS DRAEGER 10:25 AM t"*wc4uN NP '8ANb8ANARQt ASSESSOR - RECORDER -- CLERK �f P Counter RECORDING REQUESTED BY Doc#: 2013—0084135 Titles: 1 Pages: 7 AND 5 yd nCy Fees 0.00 WHEN RECORDED MAIL TO: Taxes 0.00 J Stacey Aldstadt,General Manager Other 0.00 City of San Municipal Water Bernardino PAID0.e® epartment I +' P.O.Box 710 C' N 300 North D Street O San Bernardino,CA 92402 = APN:0281-361-25 0 d Hospitality Court E �o NO FEE PER GOVERNMENT CODE SECTION 6103 W SPACE ABOVE FOR RECORDER'S USE _ •L GRANT OF EASEMENT cc This Grant of Easement is entered into by and between H.I.S. of San Bernardino, Inc., a o N o r t h D a k o t a corporation, hereinafter collectively referred to as Grantor, and the City of San E Bernardino, hereinafter referred to as Grantee. f0 U Grantor in consideration of the mutual promises contained herein, and the public benefit provided, CY hereby grants unto Grantee, its successors and assigns, an easement to locate, relocate, construct, U) reconstruct, maintain, alter, enlarge, inspect, repair and replace underground pipelines for the transportation of water, and all pipes, conduits, manholes, structures and equipment necessary or Ix convenient thereto, on, under, or across that certain real property described and shown on Exhibit a, N"A", attached hereto and by this reference made a part hereof. THIS EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS AS SHOWN ON o W EXHIBIT "B" ATTACHED AND MADE A PART HEREOF. w 0 Q J r U Date-.-- H.I.S. of San Bernardino, Inc., , a North Dak*co tion Cl) By -� E Prin ame: Lori Kasowski w Print Title: Secretary a 0 v7 d E: t V t6 Q MAIL TAX STATEMENTS AS DIREcM ASOW Packet Pg. 263 c J A Q (n O 2 G N E a) N R W STATE OF NORTH DAKOTA ) a) )SS. COUNTY OF CASS ) CU On this day of January 2013, before me personally came the above named Lori Kasowski, to 0 me personally known, who being duly sworn did and each for herself say that she is the Secretary for E said corporation and that said instrument was signed on behalf of said corporation by its Secretary and acknowledges said instrument to be the free act and deed of said cco oration. C� Cn a! a JARED SCHILLINGER ,Notary Public Notary Public CaAounty, ako ta State of North Dakota ° ° y Commission Ex ires Dec, 11, 2013 My commission expires: o W W 0 a J U h C a) E v w Q O N d Q' C m E v O Q Packet Pg. 264 PROJECT NAME:Hospitality Court APN:0281-361-25 EXHIBIT "B" CONDITIONS J 1. Grantee hereby agrees to save and hold harmless Grantor and its officers or employees from a all sums which Grantor or any of its officers or employees may be obligated to pay by w 0 reason of any liability imposed on them for damages arising out of the performance of the = services rendered by Grantee and caused by any error, omission or act of Grantee or any person employed by him or her or any others for whose acts Grantee is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation and N reasonable attorney's fees. w d 2. Grantor hereby agrees to save and hold harmless Grantee and its departments, agencies, _ officers or employees from all sums which Grantee or any of its departments, agencies, officers, or employees may be obligated to pay by reason of any liability imposed on them M for damages arising out of the performance of the services rendered by Grantor and caused o by any error,omission or act of Grantor or any person employed by him or her or any others 0 for whose acts Grantor is legally liable. Said sutras shall include,in the event of legal action, M court costs,expenses of litigation and reasonable attorney's fees. w C! 3. Grantor reserves the right to use said real property in any manner, provided such use does co not unreasonably interfere with Grantee's rights hereunder. No structures will be erected a within the limits of this easement to include but not limited to buildings, walls, swimming a: pools, ponds, fences and similar type structures. Any structures placed within easement a, limits without the approval of the Grantee will be removed at the Grantor's expense. N 4. No substantial landscape items will be installed within the limits of this easement to include w but not Iimited to trees, shrubs, landscape walls and similar type landscape material. o Limited groundcover landscaping will be subject to written approval by Grantee and any landscape groundcover material previously approved by Grantee, and placed within a easement limits and subsequently removed due to Grantee's activity shall be replaced by v Grantee at Grantee's expense. Any landscape material placed within easement limits �- without the approval of the Grantee will be removed at Grantor's expense. CY 5. Grantor reserves the right to require Grantee, at Grantor's expense, to remove and relocate all improvements placed by Grantee upon said real property, upon determination by Grantor that the same will interfere with future development of Grantor's property. Within 180 days s after Grantor's written notice and demand for removal and relocation of the improvements, w Grantee shall remove and relocate the improvements to a feasible location on the property of a Grantor, as designated by Grantor provided that Grantor shall grant Grantee with an N easement in such new location, on the same terms and conditions as herein stated, all m a! without cost to Grantee, and Grantee thereupon shall reconvey to Grantor the easement Z.; herein granted. 6. Grantee agrees to use due care in any use of the easement herein granted and in the construction, installation, repair, replacement and maintenance of Grantee's improvements a on the easement area as provided for herein so as not to unreasonably disturb Grantor's use of its property. Packet Pg. 265 5.L.b PROJECT NAME:Hospitality Court APN:0281-361-25 Certificate of Acceptance c J This is to certify that the interest in real property conveyed by the within instrument to Grantee, the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of N the Board of Water Commissioners of the City of San Bernardino, and Grantee consents to the 0 recordation thereof by its duly authorized officer. c CD E CD N CITY OF SAN BERNARDINO w •L By: U ity Clerk 0 E Date: '2U - 'E a u: o> 0 to N W W Q J U H C'! c m E U R w Q 0 a� Q! c a� E U ca Q Packet Pg. 266 5.L.b PROJECT NAME: HOSPITALITY COURT APN:0281-361-25 EXHIBIT "A" LEGAL DESCRIPTION WATER EASEMENT c THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 17772, LOCATED IN THE CITY OF SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 224 OF PARCEL "= MAPS, PAGES 87 THROUGH 90, INCLUSIVE, RECORDS OF THE COUNTY OF SAN a BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 4 AND POINT ON A NON-TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF E 41.00 FEET WHOSE RADIAL BEARING IS NORTH 53 018'20" EAST; N w THENCE SOUTHERLY ALONG SAID CURVE AND WEST LINE OF PARCEL 4, THROUGH A CENTRAL ANGLE OF 80 042'48", AN ARC DISTANCE OF 57.76 FEET, TO A POINT ON SAID WEST LINE OF PARCEL 4; THENCE SOUTH 00 000'00" WEST ALONG SAID WEST LINE, A DISTANCE OF 12.51 0 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 50.50 FEET, WHOSE RADIAL BEARING IS SOUTH 35°43'17" EAST; c a: THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0. 10°31'44", AN ARC DISTANCE OF 9.28 FEET; O THENCE SOUTH 56 059'07" EAST A DISTANCE OF 11.04 FEET, TO THE N BEGINNING OF A NOW TANGENT CURVE, CONCAVE NORTHWESTERLY HAVING o A RADIUS OF 61.38 FEET, WHOSE RADIAL BEARING IS SOUTH 48 010'09" EAST; o THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF a 19°27'30", AN ARC DISTANCE OF 20.84 FEET, TO A POINT ON SAID WEST LINE OF PARCEL 4; c� THENCE NORTH 00 000'00" EAST ALONG SAID WEST LINE, A DISTANCE OF 12.83 FEET, TO THE POINT OF BEGINNING. E DESCRIPTION CONTAINS: 164.28 SQUARE FEET, MORE OR LESS. r SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, o cn EASEMENTS AND RIGHTS-OF-WAY, IF ANY. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. E LANps u CARSON L. STORER P.L.S. 3913 Qt`'IT EXPIRATION DATE: JUNE 30, 2014 U ;o a °- P.L.S. 3913 ' DATE: Z h,. X 0 EXp.06/30/2014 PAGE 1 OF 3 ©F CAUFC�- Packet Pg.267 5.L.b 5CALE: i"=60' 5HEET 2 OF 3 PROJECT NAME: H05PITALITY COURTYARD EXHIBIT "A " A.P.N.# 0281-3G 1-25 PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR WATER EASEMENT c LANE 4151 a. m W � N i = "N 0861-361.23 , I 0 1 O / E I M ! "N 0281-361-2 4 „96 C I R=50*30'44 / �b� T=4.65' �0' � L=9.26' G2 R=69°38'30" C.0 T= 10.52 L N53°1 8'20"E L=20.64' 0 w L I 55G°59'07"E 1 1 .04' p P.O.C.-��' 1 L2 N00°00'00"E 12.83' I a 535043'1 TE C 1 U L_ L) ` (R) L I . .548°1 0'09"E I_— �R) D LEGEND L2 i INDICATE5 A WATER r---� EASEMENT CD ]PBRCM t CONTAINS: I G4 50. FT. ± L—_J E PARCEL 3 AFN 0281-361.66 i 4 O m SURVEYOR NPR LA&A PREPARED UNDER THE 5UPERV151ON OF: ��\�0A L. ST s E .land planning Q q �tn •clvll engineering w U �u 0 Q $ -landscape architecture 4 X phone 909.740.77" t, P.L.S. 0 201 f.x�.7,ama � Exp.0613012014 *' thatc srenglneering R essoclates,Ina CARSON L. S70RER 140100 4 Sifts i00,nd*nd,,ca 92373 P.L.5. NO. 3913 '9 REG, EXP. JUNE 30, 20144Ft✓A�1F� I 1 720GW-EASE 1 125 Packet Pg. 268 PROJECT NAME: H05PITAUTY COURTYARD 5net7 3 OF 3 A.P.N.#0281-361-25 VICINITY MAP NT5 WIN/1M i .fY'1� ee E IvkDl•-^sT t X J w Clio t, c euu ce I �.• IT � a �? c arlosn ;+_+ e cm,"". n. 0 I yr� .w�am• r ��� i� �. O q = p , sr il'ieir " " s R� L k y a e waliw P°• i raEm i C X XE a� »f fin H JMWIAC Mal � N P I Cow It L7.1 s i s YkXE ° f d W0.1K IT 41 �CEXTF.rI .i Cf l! (CM(fl[N K.11W i .L MINI wg KVRI ��.�" MIM a IT y- O E U LOCATION MAP-PARCEL MAP NO. 17772 PMB 224/87-90 NT5 cl) ,f-.✓"'L .""—� �" `LANE NO p' ' N- f i a � W �,. E w CURVE DATA r PARC L 2 1 1= 2 16°2933° �srr PM$224/87-90 G 1 R= 2I G'2 J / ,' � I L= 154.92' • j cY PROPOSED H Imo° PARCEL 1 O EASEMENT C4 A- 9°16'20" �`i' PM NO. 17772 j� �, R— 956.30' Cr 57.�t1J . fM_ L= 154.76' , / pfd' s 24 39'w' 5 oo•oo'G C In r sl.�r ac.is C5 A= 9°46'I I' R= 956.30' C L= 163.06' UAW PA EL 4 i PARCEL 3' $j k ssorotroo wY I� I y 2 t'• � � 26.t?l7 f Jr 500•ooCll7t /2,AA� Q HOSPITALITY C`C-1UR T Packet Pg. 269 • � S.Lc PROJECT NAME: H05FITALiTY COURTYARD 5HEET 3 Of 3 A.P.N.#0281-3G 1-25 VICINITY MAP NT5 0011MC11[i - Y'1' ae .w[ Mal X51 l &W Cfw O'1 [ MIFF OR �.• IT F anew n le r3 'Alta,, ,,"G� — r rausra sr u F yYc �±cs4ulr' C ST All r o`wy PL �ius/m* D J r 3$ R t y +waigm r� muAw i M PL 41 elm runt , i+ Q R I 0 S F tOftl Sr ■�i t W0.1K ST g t 1A0119 f CENTER LOM I,AlH W 1 Karr yY51 S� A(.IIYr/' .yr „p.'�Ip°y:' KMRt C I6M Ar G t E W •L LOCATION MAP-PARCEL MAP NO. 17772 PMB 224187-90 Cu //NT5 � `LANE - --•--.. _c CY ° r a � / 1 CURVE DATA PARC L 2 !/+ � PMB 224/87-90j C 1 R=4 1 69'33° N ru PROPOSED $I L= 194.92' sZ /PM NO E 7� 4qA EASEMENT �j C4 R- 95 3a" % C `�, nruv:Ja L= 154.76' A 52 4 3904'4 5 OPOOOG'[ FM :"- 51.7 46J5' o C5 A= 9 46'11" _ R= 956.30' V 163.06' > rr •. jr.14' .. PARCEL 3 PA EL 4 �x i I � t JJJjjj �� U + r+ s xroGno•w.i' r$ yam, " 4 ' D 9cr��oaw 3r r r � 1 Packet Pg. 270 �rfT°�nom. CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT INTEROFFICE MEMORANDUM TO: Ryan Sandoval,Real Property FROM: Sydney Morrison, Senior Administrative Coordinator SUBJECT: APPROVAL OF A QUITCLAIM DEED TO HAMPTON INN AND SUITES H.I.S. OF = J SAN BERNARDINO FOR HOSPITALITY COURT 12"MAIN EXTENSION PROJECT(EPN 2005-106) r a DATE: June 25,2013 x° d The Board of Water Commissioners, at their regular meeting held on Tuesday, June 18, 2013, w unanimously voted to: Approve the Quitclaim Deed to Hampton Inn and Suites H.I.S. of San Bernardino, Inc., a a; California Corporation and authorize staff to submit the easement documents to fhe Mayor and Common Council for acceptance. c E This item was approved by the following vote to wit: R AYES: Commissioners Callicott, Cocke,Fernandez,Hendrix and Valles' U NAYS: None vn ABSENT: None o. Should you have any questions,I can be reached at ext. 3499. a; 0 co Thank you, 0 E Sydney 0rrison d Seni dministrative Coordinator. m c d E s v Q °�ackelk«Pg, 7 , RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Stacey Aldstadt,General Manager City of San Bernardino Municipal Water Department P.O.Box 710 300 North D Street San Bernardino,CA 92402 J APN:0281-361-25 Hospitality Court ii 0 0 x NO FEE PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE FOR RECORDER'S USE _ d E GRANT OF EASEMENT N w This Grant of Easement is entered into by and between Hampton Inn and Suites H.I.S. of San c Bernardino, Inc., a North Dakota corporation, hereinafter collectively referred to as Grantor, , and the City of San Bernardino, hereinafter referred to as Grantee. w 0 Grantor in consideration of the mutual promises contained herein, and the public benefit provided, E hereby grants unto Grantee, its successors and assigns, an easement to locate, relocate, construct, !° reconstruct, maintain, alter, enlarge, inspect, repair and replace underground pipelines for the transportation of water, and all pipes, conduits, manholes, structures and equipment necessary or convenient thereto, on, under, or across that certain real property described and shown on Exhibit W "A", attached hereto and by this reference made a part hereof. o� THIS EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS AS SHOWN ON o EXHIBIT "B" ATTACHED AND MADE A PART HEREOF. N w c d E d Date L21 3= w 3 a� z Hampton Inn and Suites H.I.S. of San N 0 Bernardino Inc. a North Dakota co oration C. 0 a c By. a� E Print Name a Print Title�-1'/�Q, ,d Pa'C' k STATE OF NORTH DAKOTA COUNTY OF CASS On this day of June, 2013, before me, a Notary Public, personally appeared Richard H. Larson, known to me to be the President of Grantor, the person described in, and who executed the within and foregoing instrument, and acknowledged that he executed the same as W 0 the President of corporation. E LO KASOWSKI Notary Pubk Hof North Dakota Notdy PGlic, Cass-County, "M�601res Nov.21, 2018 [C0:MSMk S My Commission Expires: (SEAL) 0 E co E O z 0 CL 0 a. 4.; E Packet Pg. 273 13ROJECT NAME:Hospitality Court APN:0281-361-25 Certificate of Acceptance This is to certify that the interest in real property conveyed by the'within instrument to Grantee, the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of S j the Board of Water Commissioners of the City of San Bernardino, and Grantee consents to the recordation thereof by its duly authorized officer. 0 CITY OF SAN BERNARDINO E cC w By: City ler Date:/,12S-1-3 0 E Cn E W Z 0 0- 0 a. E lC Packet Pg. 274 t PROJECT NAME: HOSPITALITY COURT APN: 0281-361-25 EXHIBIT "A" LEGAL DESCRIPTION WATER EASEMENT THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 17772, LOCATED IN THE CITY OF SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 224 OF PARCEL MAPS, PAGES 87 THROUGH 90, INCLUSIVE, RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: Y 75 COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 4, SAID POINT (n BEING ON A CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 41.00 0 FEET, WHOSE RADIAL BEARING IS NORTH 53 018'20" EAST; THENCE SOUTHERLY ALONG SAID CURVE AND WEST LINE OF PARCEL 4, THROUGH A CENTRAL ANGLE OF 80 042'48", AN ARC DISTANCE OF 57.76 FEET, TO A POINT N ON SAID WEST LINE OF PARCEL 4; THENCE SOUTH 00°00'00" EAST ALONG SAID w WEST LINE, A DISTANCE OF 12.51 FEET TO THE POINT OF BEGINNING, SAID = POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 50.50 FEET, WHOSE RADIAL BEARING IS SOUTH 35°43'11" EAST; 0 THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40°14'47", AN ARC DISTANCE OF 35.47 FEET, THENCE SOUTH 75°57'58" Y EAST, A DISTANCE OF 12.00 FEET, TO THE BEGINNING OF A CURVE, CONCAVE a `r NORTHWESTERLY HAVING A RADIUS OF 62.50 FEET, WHOSE RADIAL BEARING IS SOUTH 75 057'58" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE a THROUGH A CENTRAL ANGLE OF 47°49'09", AN ARC DISTANCE OF 52.16 FEET, TO A POINT ON SAID WEST LINE OF PARCEL 4; THENCE NORTH 00°00'00" WEST 0 ALONG SAID WEST LINE, A DISTANCE OF 14.11 FEET, TO THE POINT OF N BEGINNING. r_ a) E DESCRIPTION CONTAINS: 526.4 SQUARE FEET, MORE OR LESS. Cu w SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, 3 EASEMENTS AND RIGHTS-OF-WAY, IF ANY. a� N THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. o L a E CARSON L. STORER P.L.S. 3913 ��� �01� L• STS EXPIRATION DATE: JUNE 30, 2014 0 'rn a aft v w o DATE: + st °- P.L.S. 3913 PAGE 1 OF 3 * Exp.06/30/2014 Packet Pg. 275 a, SCALE: I "=80' 511EET 2 OF 3 PROJECT NAME: HOSPITALITY COURTYARD EXHIBIT rA 1/ A.P.N.# 0281-3G 1-25 PLAT TO ACCOMPANY LEGAL DE5CRIPTION FOR WATER EASEMENT LANE �'� I 45' SCALE: !"=60' _ 1 E AFN 0281-38&-23 w m c / L 1 .cYy I J C I A=80 042'48" 4- AVI N 8281-361-28 R=4 1 .00' o T=34.84 E �® L=57.76' al '4• C2 A=40'1 4'47" R=58. 50' d Q° L=35.47' C3 A=47 049'09" RT=2 7.701' L N530I820t L=52. I G' o �,/ N89°59'54"E L I 575 057'58"E 12.00' r P Cl C2 1 L2 N00°00'00"W 14. 1 1' L3 500 000'00"E 12.5 1' E 535°43'1 1"E L3 /` 575°5758"E L w j P.a.a.L / LEGEND z +w INDICATES A WATER EASEMENT o F1LR`:IRL 4 CONTAINS: 526 SQ. FT. JLPON 4881-881-86 L CL APN 8281-381-2% I0 c a� E \Q�p,�LA�ip s w SURVEYOR oN L, S a PREPARED UNDER THE SUPERVISION OF: ��✓ e�� 4� Q 4 Ch -L .land planning of U ';0 O •civil engineering °- P.L.S. 3913 fo •landscape architecture A19 II * Exp.0613012014 phone 909.748.7777 m fax 909.748.7776 [ thatc or engineering&associates,Inc. CARSON L. 5TORER DAT 1451 ford sl V suke 105,redlands,-92373 P.L.S. N O. 39 13 OF CAQA REG. EXP. JUNE 30, 2014 1 17 2 Packe#P91 276 5,L,e PROJECT NAME: H05PITALITY COURTYARD 5HEET 3 OF 3 A,P.N.# 0281-361-25 VICINITY MAP NT5 Y2rN4t�fA0 < � s} Eo- ., hW1UT Si _ E _M afl Wo �w r ITE P�VtL V } T C c .maw u n r vw*w rr:rl" r w O c 'A[11P?,PC CfAflt 1 xxwrx_ it = sx m E N ACAXW s wlav�i s, tamr rrS St tk R gwse.. nci�cfwY.. W d C •L LOCATION MAP-PARCEL MAP NO. 17772 PMB 224/87-90 0 NT5 E M `LANE C'1 CURVE DATA PARC PL2 1 r r �1� PMB 224/87-90 1 C I Il= 216°29'33" d / K= 41.00' E r L= 154.92' PROPOSED PARCEL 1 ar EASEMENT C4 Il= 9°I S'20" W T PM NO. 17772 K= 956.30' 3 CJ l29�52�2b i L= 154.76' y 5 24°39'04" 55i.7r' 4615' # C5 Il= 9°4G'I I Z / L= 956.30' 41 X14 v L= 163.06' O CL /r' 0 2' PARCEL 3 PA EL 4 r r ' r / J i = r r` saaamo•W I � 1 1 �� ml r x I a. r S WI Al 41' N 411' IlS W 669,10 /// HOSPITALITY COUR T PROJECT NAME:Hospitality Couit APN:0281-361-25 EXHIBIT "B" CONDITIONS 1. Grantee hereby agrees to save and hold harmless Grantor and its officers or employees from all sums which Grantor or any of its officers or employees may be obligated to pay by reason of any liability imposed on them for damages arising out of the performance of the services rendered by Grantee and caused by any error, omission or act of Grantee or any person employed by him or her or any others for whose acts Grantee is legally liable. Said c sums shall include, in the event of legal action, court costs, expenses of litigation and = reasonable attorney's fees. 2. Grantor hereby agrees to save and hold harmless Grantee and its departments, agencies, y officers or employees from all sums which Grantee or any of its departments, agencies, w officers, or employees may be obligated to pay by reason of any liability imposed on them for damages arising out of the performance of the services rendered by Grantor and caused by any error, omission or act of Grantor or any person employed by him or her or any others for whose acts Grantor is legally liable. Said sums shall include, in the event of legal action, court costs,expenses of litigation and reasonable attorney's fees. o E 3. Grantor reserves the right to use said real property in any manner, provided such use does not unreasonably interfere with Grantee's rights hereunder. No structures will be erected within the limits of this easement to include but not limited to buildings, walls, swimming a co pools, ponds, fences and similar type structures. Any structures placed within easement limits without the approval of the Grantee will be removed at the Grantor's expense. 4. No substantial landscape items will be installed within the limits of this easement to include but not limited to trees, shrubs, landscape walls and similar type landscape material. Limited groundcover landscaping will be subject to written approval by Grantee and any = landscape groundcover material previously approved by Grantee, and placed within E easement limits and subsequently removed due to Grantee's activity shall be replaced by N Grantee at Grantee's expense. Any landscape material placed within easement limits 1° w without the approval of the Grantee will be removed at Grantor's expense. z 5. Grantor reserves the right to require Grantee, at Grantor's expense, to remove and relocate w all improvements placed by Grantee upon said real property, upon determination by Grantor a that the same will interfere with future development of Grantor's property. Within 180 days o after Grantor's written notice and demand for removal and relocation of the improvements, a Grantee shall remove and relocate the improvements to a feasible location on the property of Grantor, as designated by Grantor provided that Grantor shall grant Grantee with an E 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 Grantor the easement a herein granted. 6. Grantee agrees to use due care in any use of the easement herein granted and in the construction, installation, repair, replacement and maintenance of Grantee's improvements on the easement area as provided for herein so as not to unreasonably disturb Grantor's use of its property. !�cket Pg X78