HomeMy WebLinkAbout2014-108 1 RESOLUTION NO, 2014-108
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A RIGHT OF
3 ENTRY, POSSESSION AND USE AGREEMENT TO SAN BERNARDINO
4 ASSOCIATED GOVERNMENTS (SANBAG) OVER A STORM DRAIN EASEMENT
AND WITHIN ASSESSOR'S PARCEL NUMBER 0136-091-11, GENERALLY
5 LOCATED SOUTH OF RIALTO AVENUE AND WEST OF "G" STREET.
6 WHEREAS, Donald L. Ruben and Ray E. Ruben, Jacqueline V. Ruben, wife of
7 Donald L. Ruben, and Elsie C. Ruben, wife of Ray E. Ruben, granted an easement to the City
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of San Bernardino and the City accepted said easement for the construction and maintenance
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of a storm drain pipe, per Resolution No. 9970 adopted on September 15, 1969, as filed in the
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11 San Bernardino County Recorder's Office on October 2, 1969, in Book 7313, Page 717 of
12 Official Records; and
13 WHEREAS, the San Bernardino Associated Governments (SANBAG) is in the
14 process of acquiring the property, or a portion of the property, known as Assessor Parcel
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Number (APN) 0136-091-11 for the Downtown San Bernardino Passenger Rail Project; and
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17 WHEREAS, SANBAG desires and seeks to enter the City's easement area for the
18 purpose of constructing, operating and/or facilitating the construction and/or operation of the
19 Downtown San Bernardino Passenger Rail Project; and
20 WHEREAS, the easement dedicated to the City for drainage purposes is within APN
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0136-091-11 and restricts the construction of any building or structure directly on the City's
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23 easement; and
24 WHEREAS, SANBAG has requested that after SANBAG acquires said property, that
25 the City quitclaim its easement to SANBAG in exchange for SANBAG granting a new
26 easement to the City over said property with the removal of any language restricting the
27 construction of any structure directly on the easement;
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2014-108
1 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The above-stated recitals are true and correct, and are incorporated
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4 herein by reference.
5 SECTION 2. The City Manager is hereby authorized and directed to execute on
6 behalf of the City, a Right of Entry, Possession and Use Agreement with SANBAG, to allow
7 SANBAG to enter into that portion of said storm drain easement within property known as
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APN 0136-091-11, generally located south of Rialto Avenue and west of"G" Street. A copy
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of said Right of Entry, Possession and Use Agreement is attached hereto as Exhibit "1" and
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11 incorporated herein by reference.
12 SECTION 3. The authorization to execute the Agreement is rescinded if the parties
13 fail to execute it within ninety (90) days of the passage of this Resolution.
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2014-108
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A RIGHT OF
2 ENTRY, POSSESSION AND USE AGREEMENT TO SAN BERNARDINO
ASSOCIATED GOVERNMENTS (SANBAG) OVER A STORM DRAIN EASEMENT
3 AND WITHIN ASSESSOR'S PARCEL NUMBER 0136-091-11, GENERALLY
4 LOCATED SOUTH OF RIALTO AVENUE AND WEST OF "G" STREET.
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 joint regular meeting
7 thereof, held on the 21 stday of April , 2014, by the following vote, to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ x
11 BARRIOS
12 VALDIVIA x
13 SHORETT x
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NICKEL x
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16 JOHNSON x
17 MULVIHILL x
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G�eo6geXa, it ler
20 The foregoing resolution is hereby approved thisi-t-"day of , 2014.
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23 R. CAREY P AVIS, Mayor
City of San :ernardino
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25 Approved as to form:
GARY D. SAENZ,
26 City Attorney
27 By. , �_�
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2014-108
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2 EXHIBIT "1"
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4 Right of Entry, Possession and Use Agreement
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2014-108
RIGHT OF ENTRY, POSSESSION AND USE AGREEMENT
THIS RIGHT OF ENTRY, POSSESSION AND USE AGREEMENT ("Agreement") is
made and entered into as of April 21 , 2014 ("Effective Date"), by and between the
San Bernardino Associated Governments, acting in its capacities as the San Bernardino
County Transportation Commission and the San Bernardino County Transportation Authority,
a public agency existing under the laws of the State of California ("SANBAG"), and the City of
San Bernardino, a California Municipal Corporation ("City"), with reference and respect to the
following facts and circumstances:
A. Jong Uk Byun and Bok Soon Byun (collectively, "Owner") own(s) that certain real
property located in the City of San Bernardino, State of California, with APN No. 0136-091-11,
as more particularly described in Exhibit A attached to this Agreement ("Property);
B. City has an easement interest in the Property pursuant to that certain Easement
dated September 24, 1968, recorded in the Official Records of San Bernardino County,
California, in Book 7313 at Page 717 on October 2, 1969, and a copy of which is attached to
this Agreement as Exhibit B ("Easement").
C. SANBAG desires and seeks to enter the Property for the purposes of constructing,
operating and/or facilitating the construction and/or operation of the Downtown San Bernardino
Passenger Rail Project ("Project");
D. The Project involves an approximately one mile extension of existing passenger rail
service from the Santa Fe Depot, located at 1170 West Third Street, to the San Bernardino
Transit Center, to be constructed at "E" Street and Rialto Avenue, in the City of
San Bernardino, County of San Bernardino, State of California;
E. SANBAG and Owner have agreed or shall agree on the terms for SANBAG's
acquisition and purchase of a portion or portions of (Owner's fee interest in) the Property as
more particularly described in Exhibit C attached to this Agreement and as shown in the plat
attached to this Agreement as Exhibit D ("Transfer Portion") for the Project or SANBAG shall
acquire the Transfer Portion through a condemnation action or settlement in lieu of such
action;
F. SANBAG's acquisition of (the fee interest in) the Transfer Portion, whether pursuant
to an agreement, condemnation or otherwise, may not include the City' s easement interest in
the Transfer Portion; instead, upon completion of SANBAG's acquisition, it is the parties' intent
that the City will quitclaim to SANBAG its interest under and pursuant to the Easement in and
to the Transfer Portion and SANBAG shall grant to the City a new or substituted easement to
replace the same ("New Easement");
G. Pending SANBAG's acquisition of the fee interest in the Transfer Portion from
Owner, the City's quitclaim and SANBAG's grant of the New Easement, all as described above
in these recitals and/or below in this Agreement, SANBAG needs to secure rights to entry,
possession and use of the Transfer Portion in order to meet construction schedules and would
be (or would have been) required to file a condemnation lawsuit or lawsuits (including the City
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and its easement interest) on, about or before the Effective Date to secure such rights in the
absence of this Agreement; and
H. So, while SANBAG shall address its needs with respect to the Owner's fee interest
in the Transfer Portion pursuant to another separate agreement, in a condemnation action or
otherwise, this Agreement shall and does set forth the right of entry, possession, use and other
terms with respect to the City's easement interest, the quitclaim of such interest and
SANBAG's grant of the New Easement.
AGREEMENT
NOW, THEREFORE, in consideration of(i) the foregoing recitals, (ii) the promises,
covenants, agreements, representations, warranties, terms, provisions, conditions and/or
restrictions contained in this Agreement, and (iii) other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged by each of the parties, SANBAG
and the City do hereby agree as follows:
1. Grant of Use. Commencing on the Effective Date, the City hereby irrevocably grants
to SANBAG and/or SANBAG's successor(s) and/or assign(s), for no monetary or other
consideration beyond the compensation or other consideration that the City will receive upon
SANBAG's acquisition of the Transfer Portion and the City's quit claim of its easement interest
therein (that is, the New Easement), the rights of entry, possession and use of the City's
interest in the Transfer Portion (that is, the "Easement Area" under and/or pursuant to the New
Easement), on the terms described below in Section 2 of this Agreement.
2. Use of the Property. SAN BAG shall have the right to enter upon, possess and use
the Transfer Portion/Easement Area for the following purposes ("Permitted Activities"): For
any purpose whatsoever related to the construction and/or operation of the Project.
3. SANBAG's Right to Terminate Work. SANBAG shall have no obligation to
commence or complete any of the Permitted Activities and/or the Project.
4. No Cost to City. SANBAG shall bear all costs and expenses in connection with
SANBAG's use of the Easement Area.
5. Additional Terms. SANBAG and the City acknowledge and agree to the following
additional terms and provisions:
5.1 Promptly upon, and, in any event, within thirty (30) days after, SANBAG
acquiring fee ownership of the Transfer Portion, whether by condemnation, purchase and sale
or otherwise, from Owner, including without limitation, at SANBAG's election, Owner's
successors and/or assigns and any person or entity claiming by, through or under Owner,
exclusive of the City, the City will quitclaim to SANBAG or such other person or entity as
SANBAG shall direct, in a quitclaim deed substantially and materially in the form of Exhibit E
attached hereto ("Quitclaim Deed"), the City's interest in the Transfer Portion, including without
limitation the Easement to the extent the Easement encumbers and exists on and/or with
respect to the Transfer Portion.
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5.2 In consideration of and as compensation for such quitclaim, SANBAG shall
grant to the City the New Easement. The New Easement shall be in the form of Exhibit F
attached hereto.
5.3 SANBAG shall provide evidence that it has acquired fee ownership of the
Transfer Portion to the City by providing to the City a copy of the recorded deed, a copy of the
recorded judgment or order in condemnation or other reasonably satisfactory evidence that
SANBAG has obtained fee title to the Transfer Portion.
5.4 The City and SANBAG shall work and cooperate with each other to arrange
for the recording of the Quitclaim Deed and the New Easement substantially simultaneously,
though it is the intent of the parties that the Quitclaim Deed will be recorded first and the New
Easement will be recorded immediately following the Quitclaim Deed.
5.5 Upon recordation of the Quitclaim Deed and the New Easement, this
Agreement shall terminate and be of no further force or effect.
5.6 SANBAG shall have the right, but not the obligation, to seek to acquire and
acquire the Transfer Portion by condemnation.
5.7 During the term of this Agreement, SANBAG and the City agree to abide by
the terms and conditions stated in Exhibits "C" and "D" to the New Easement.
6. Eminent Domain. By granting the irrevocable rights of entry, possession and use of
the Transfer Portion set forth in this Agreement, Grantor hereby agrees as follows:
6.1 The City shall not object to the filing of an eminent domain proceeding to
acquire the Transfer Portion;
6.2 In any eminent domain action filed by SANBAG to acquire the Transfer
Portion, the City shall not challenge SANBAG's right to take the Transfer Portion, and (as
between SANBAG and the City) the only issue shall be the amount of the just compensation, if
any, owed by SANBAG to the City for such taking(s); provided, however, that in the event that
SANBAG grants the New Easement to the City, as evidenced by the recording of the same as
contemplated by paragraph 5 above, the City acknowledges and agrees that it shall not be
entitled to any other or further compensation and consideration;
6.3 In the event proceedings in eminent domain are commenced, the date of
valuation for determining the amount of just compensation for such taking(s) shall be the date
upon which SANBAG files the complaint in said proceeding(s); and
6.4 This Agreement, including, without limitation, the rights of entry, possession
and use provisions set forth above, shall control and, therefore, Buyer need not obtain a court
order for possession in connection with any eminent domain action or proceedings.
7. Parties Bound. The parties intend that this Agreement, including, without limitation,
the right of entry, possession and use provisions set forth above, constitute a binding contract.
In particular in this regard, the City acknowledges and agrees that it is important for SANBAG
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to have assurances that the Project may be constructed in a timely manner, and that the rights
granted to SANBAG in, under and pursuant this Agreement are crucial to the Project's
success. In the event of any dispute concerning this Agreement, the parties agree that
monetary damages will not be adequate to make them whole and, therefore, intend for the
terms of this Agreement, including, without limitation, the right of entry, possession and use
provisions, to be specifically enforceable.
8. Authority of the City and SANBAG. The City represents and warrants to and for the
benefit of SANBAG, including SANBAG's successors and assigns, that the City has the full
right, power and authority to enter into this Agreement and grant SANBAG the right to perform
the Permitted Activities. SANBAG represents and warrants to and for the benefit of the City,
including the City's successors and assigns, that SANBAG has the full right, power and
authority to enter into this Agreement.
9. Exhibits; Recitals. Each of the Exhibits attached to this Agreement are hereby
incorporated into this Agreement. Similarly, each of the recitals set forth in paragraphs A
through H, inclusive, at the beginning of this Agreement, immediately following the preamble,
are hereby incorporated into this Agreement as if set forth in full in this paragraph 9.
10. Attorneys' and Other Fees. Should either party institute any action or proceeding to
enforce or interpret this Agreement or any provision hereof, for damages by reason of any
alleged breach of this Agreement or any provision hereof, or for a declaration of rights
hereunder, the prevailing party in any such action or proceeding shall be entitled to receive
from the other party all costs and expenses, including actual attorneys' and other fees,
reasonably incurred in good faith by the prevailing party in connection with such action or
proceeding. The term "attorneys' and other fees" shall mean and include attorneys' fees,
accountants' fees, and any and all consultants and other similar fees incurred in connection
with the action or proceeding and preparations therefor. The term "action or proceeding" shall
mean and include actions, proceedings, suits, arbitrations, appeals and other similar
proceedings. The applicable costs, salaries, and expenses of the City Attorney and members
of his office shall be considered costs, expenses, and attorneys' fees for the purposes of this
Section 10.
11. Governing Law. This Agreement shall be governed by, interpreted under, and
construed and enforced in accordance with the laws of the State of California applicable to
agreements made and to be performed wholly within such state.
12. Construction. Headings at the beginning of each paragraph are solely for the
convenience of the parties and are not a part of this Agreement. Except as otherwise provided
in this Agreement, all exhibits referred to herein are attached hereto and are incorporated
herein by this reference. Unless otherwise indicated, all references herein to paragraphs,
subparagraphs or provisions are to those in this Agreement. Any reference to a paragraph
herein includes all subparagraphs thereof. This Agreement shall not be construed as if it had
been prepared by only SANBAG or the City, but rather as if both SANBAG and the City had
prepared the same. In the event any portion of this Agreement shall be declared by any court
of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed
severed from this Agreement, and the remaining parts hereof shall remain in full force and
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effect, as fully as though such invalid, illegal or unenforceable portion had never been part of
this Agreement.
13. Number and Gender. As used in this Agreement, the neuter includes the
masculine and feminine, the singular includes the plural and the plural includes the singular.
14. Modification. A modification of any provision herein contained, or any other
amendment to this Agreement, shall be effective only if the modification or amendment is in
writing and signed by both SANBAG and the City.
15. Non-Waiver of Rights. No failure or delay of either party in the exercise of any right
given to such party hereunder shall constitute a waiver thereof unless the time specified herein
for exercise of such right has expired, nor shall any single or partial exercise of any right
preclude other or further exercise thereof or of any other right.
16. Days. The term "days" as used herein shall mean actual days occurring, including
Saturdays, Sundays and holidays. The term "business days" shall mean days other than
Saturdays, Sundays and holidays. If any item must be accomplished or delivered hereunder
on a day that is not a business day, it shall be deemed to have been timely accomplished or
delivered if accomplished or delivered on the next following business day.
17. Successors and Assigns. This Agreement shall inure to the benefit of, and be
binding upon, the parties hereto and their respective heirs, successors and assigns.
18. No Third Party Beneficiaries. No person or entity shall be deemed to be a third
party beneficiary hereof, and nothing in this Agreement (either expressed or implied) is
intended to confer upon any person or entity not a party to this Agreement, including without
limitation Owner or any person or entity comprising Owner, any rights, remedies, obligations or
liabilities under or by reason of this Agreement.
19. Notices. Any notice, demand, request, approval or other communication to be given
by one party to the other shall be in writing (unless some other form of notice is specifically
provided for herein) and given by personal service, facsimile, electronic mail, or express mail,
Federal Express or any other similar form of airborne/overnight delivery service, or mailing in
the United States mail (certified and return receipt requested), addressed to the parties at their
respective addresses as follows:
To SANBAG:
SANBAG To City:
1170 West 3rd Street
San Bernardino, CA 92410 City Manager
Attention: Mitch Alderman City of San Bernardino
Phone: 909.884.8276 300 North "D" Street
E-mail: malderman @sanbag.ca.gov San Bernardino, CA 92418
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Any such notice shall be deemed to have been given upon delivery or refusal of acceptance of
attempted delivery. Either party may change the address at which it desires to receive notice
upon giving written notice of such request to the other party. SAN BAG and the City, and their
respective counsel, hereby agree that notices may be given hereunder by the parties'
respective counsel, and that if any communication is to be given hereunder by SANBAG's or
the City's counsel, such counsel may communicate directly with all principals, as required to
comply with the foregoing provisions.
20. Integration of Other Agreements. This Agreement sets forth the entire contract and
understanding of the parties with respect to the matters set forth herein and supersedes all
previous written or oral understandings, agreements, contracts, correspondence and
documentation with respect thereto. Any oral representations or modifications concerning this
Agreement shall be of no force or effect.
21. Duplicate Originals; Counterparts. This Agreement may be executed in any
number of duplicate originals, all of which shall be of equal force and effect. Additionally, this
Agreement may be executed in counterparts, but shall become effective only after a
counterpart hereof has been executed by each party; all said counterparts, when taken
together, shall constitute the entire single Agreement between the parties.
22. TIME OF ESSENCE. TIME IS OF THE ESSENCE OF THIS AGREEMENT AND
EACH AND EVERY TERM AND PROVISION HEREOF.
IN WITNESS WHEREOF, this Agreement has been executed by the undersigned
parties as of the Effective Date set forth above.
CITY: SANBAG:
CITY OF SANBERNARDINO, SAN BERNARDINO ASSOCIATED
a California Municipal Corporation GOVERNMENTS, a public agency existing
under the laws of the State of California,
acting in its capacity as the San Bernardino
By: County Transportation Commission and the
Allen Parker, San Bernardino County Transportation
City Manager Authority
By:
Raymond W. Wolfe,
Executive Director
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RIGHT OF ENTRY, POSSESSION AND USE AGREEMENT
THIS RIGHT OF ENTRY, POSSESSION AND USE AGREEMENT ("Agreement") is
made and entered into as of April 21 , 2014 ("Effective Date"), by and between the
San Bernardino Associated Governments, acting in its capacities as the San Bernardino
County Transportation Commission and the San Bernardino County Transportation Authority,
a public agency existing under the laws of the State of California ("SANBAG"), and the City of
San Bernardino, a California Municipal Corporation ("City"), with reference and respect to the
following facts and circumstances:
A. Jong Uk Byun and Bok Soon Byun (collectively, "Owner") own(s) that certain real
property located in the City of San Bernardino, State of California, with APN No. 0136-091-11,
as more particularly described in Exhibit A attached to this Agreement ("Property);
B. City has an easement interest in the Property pursuant to that certain Easement
dated September 24, 1968, recorded in the Official Records of San Bernardino County,
California, in Book 7313 at Page 717 on October 2, 1969, and a copy of which is attached to
this Agreement as Exhibit B ("Easement").
C. SANBAG desires and seeks to enter the Property for the purposes of constructing,
operating and/or facilitating the construction and/or operation of the Downtown San Bernardino
Passenger Rail Project ("Project");
D. The Project involves an approximately one mile extension of existing passenger rail
service from the Santa Fe Depot, located at 1170 West Third Street, to the San Bernardino
Transit Center, to be constructed at "E" Street and Rialto Avenue, in the City of
San Bernardino, County of San Bernardino, State of California;
E. SANBAG and Owner have agreed or shall agree on the terms for SANBAG's
acquisition and purchase of a portion or portions of (Owner's fee interest in) the Property as
more particularly described in Exhibit C attached to this Agreement and as shown in the plat
attached to this Agreement as Exhibit D ("Transfer Portion") for the Project or SANBAG shall
acquire the Transfer Portion through a condemnation action or settlement in lieu of such
action;
F. SANBAG's acquisition of (the fee interest in) the Transfer Portion, whether pursuant
to an agreement, condemnation or otherwise, may not include the City' s easement interest in
the Transfer Portion; instead, upon completion of SANBAG's acquisition, it is the parties' intent
that the City will quitclaim to SANBAG its interest under and pursuant to the Easement in and
to the Transfer Portion and SANBAG shall grant to the City a new or substituted easement to
replace the same ("New Easement");
G. Pending SANBAG's acquisition of the fee interest in the Transfer Portion from
Owner, the City's quitclaim and SANBAG's grant of the New Easement, all as described above
in these recitals and/or below in this Agreement, SANBAG needs to secure rights to entry,
possession and use of the Transfer Portion in order to meet construction schedules and would
be (or would have been) required to file a condemnation lawsuit or lawsuits (including the City
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and its easement interest) on, about or before the Effective Date to secure such rights in the
absence of this Agreement; and
H. So, while SANBAG shall address its needs with respect to the Owner's fee interest
in the Transfer Portion pursuant to another separate agreement, in a condemnation action or
otherwise, this Agreement shall and does set forth the right of entry, possession, use and other
terms with respect to the City's easement interest, the quitclaim of such interest and
SANBAG's grant of the New Easement.
AGREEMENT
NOW, THEREFORE, in consideration of(i) the foregoing recitals, (ii) the promises,
covenants, agreements, representations, warranties, terms, provisions, conditions and/or
restrictions contained in this Agreement, and (iii) other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged by each of the parties, SANBAG
and the City do hereby agree as follows:
1. Grant of Use. Commencing on the Effective Date, the City hereby irrevocably grants
to SANBAG and/or SANBAG's successor(s) and/or assign(s), for no monetary or other
consideration beyond the compensation or other consideration that the City will receive upon
SANBAG's acquisition of the Transfer Portion and the City's quit claim of its easement interest
therein (that is, the New Easement), the rights of entry, possession and use of the City's
interest in the Transfer Portion (that is, the "Easement Area" under and/or pursuant to the New
Easement), on the terms described below in Section 2 of this Agreement.
2. Use of the Property. SANBAG shall have the right to enter upon, possess and use
the Transfer Portion/Easement Area for the following purposes ("Permitted Activities"): For
any purpose whatsoever related to the construction and/or operation of the Project.
3. SANBAG's Right to Terminate Work. SANBAG shall have no obligation to
commence or complete any of the Permitted Activities and/or the Project.
4. No Cost to City. SANBAG shall bear all costs and expenses in connection with
SANBAG's use of the Easement Area.
5. Additional Terms. SANBAG and the City acknowledge and agree to the following
additional terms and provisions:
5.1 Promptly upon, and, in any event, within thirty (30) days after, SANBAG
acquiring fee ownership of the Transfer Portion, whether by condemnation, purchase and sale
or otherwise, from Owner, including without limitation, at SANBAG's election, Owner's
successors and/or assigns and any person or entity claiming by, through or under Owner,
exclusive of the City, the City will quitclaim to SANBAG or such other person or entity as
SANBAG shall direct, in a quitclaim deed substantially and materially in the form of Exhibit E
attached hereto ("Quitclaim Deed"), the City's interest in the Transfer Portion, including without
limitation the Easement to the extent the Easement encumbers and exists on and/or with
respect to the Transfer Portion.
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5.2 In consideration of and as compensation for such quitclaim, SANBAG shall
grant to the City the New Easement. The New Easement shall be in the form of Exhibit F
attached hereto.
5.3 SANBAG shall provide evidence that it has acquired fee ownership of the
Transfer Portion to the City by providing to the City a copy of the recorded deed, a copy of the
recorded judgment or order in condemnation or other reasonably satisfactory evidence that
SANBAG has obtained fee title to the Transfer Portion.
5.4 The City and SANBAG shall work and cooperate with each other to arrange
for the recording of the Quitclaim Deed and the New Easement substantially simultaneously,
though it is the intent of the parties that the Quitclaim Deed will be recorded first and the New
Easement will be recorded immediately following the Quitclaim Deed.
5.5 Upon recordation of the Quitclaim Deed and the New Easement, this
Agreement shall terminate and be of no further force or effect.
5.6 SANBAG shall have the right, but not the obligation, to seek to acquire and
acquire the Transfer Portion by condemnation.
5.7 During the term of this Agreement, SANBAG and the City agree to abide by
the terms and conditions stated in Exhibits "C" and "D" to the New Easement.
6. Eminent Domain. By granting the irrevocable rights of entry, possession and use of
the Transfer Portion set forth in this Agreement, Grantor hereby agrees as follows:
6.1 The City shall not object to the filing of an eminent domain proceeding to
acquire the Transfer Portion;
6.2 In any eminent domain action filed by SANBAG to acquire the Transfer
Portion, the City shall not challenge SANBAG's right to take the Transfer Portion, and (as
between SANBAG and the City) the only issue shall be the amount of the just compensation, if
any, owed by SANBAG to the City for such taking(s); provided, however, that in the event that
SANBAG grants the New Easement to the City, as evidenced by the recording of the same as
contemplated by paragraph 5 above, the City acknowledges and agrees that it shall not be
entitled to any other or further compensation and consideration;
6.3 In the event proceedings in eminent domain are commenced, the date of
valuation for determining the amount of just compensation for such taking(s) shall be the date
upon which SANBAG files the complaint in said proceeding(s); and
6.4 This Agreement, including, without limitation, the rights of entry, possession
and use provisions set forth above, shall control and, therefore, Buyer need not obtain a court
order for possession in connection with any eminent domain action or proceedings.
7. Parties Bound. The parties intend that this Agreement, including, without limitation,
the right of entry, possession and use provisions set forth above, constitute a binding contract.
In particular in this regard, the City acknowledges and agrees that it is important for SANBAG
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•
to have assurances that the Project may be constructed in a timely manner, and that the rights
granted to SANBAG in, under and pursuant this Agreement are crucial to the Project's
success. In the event of any dispute concerning this Agreement, the parties agree that
monetary damages will not be adequate to make them whole and, therefore, intend for the
terms of this Agreement, including, without limitation, the right of entry, possession and use
provisions, to be specifically enforceable.
8. Authority of the City and SANBAG. The City represents and warrants to and for the
benefit of SANBAG, including SANBAG's successors and assigns, that the City has the full
right, power and authority to enter into this Agreement and grant SANBAG the right to perform
the Permitted Activities. SANBAG represents and warrants to and for the benefit of the City,
including the City's successors and assigns, that SANBAG has the full right, power and
authority to enter into this Agreement.
9. Exhibits; Recitals. Each of the Exhibits attached to this Agreement are hereby
incorporated into this Agreement. Similarly, each of the recitals set forth in paragraphs A
through H, inclusive, at the beginning of this Agreement, immediately following the preamble,
are hereby incorporated into this Agreement as if set forth in full in this paragraph 9.
10. Attorneys' and Other Fees. Should either party institute any action or proceeding to
enforce or interpret this Agreement or any provision hereof, for damages by reason of any
alleged breach of this Agreement or any provision hereof, or for a declaration of rights
hereunder, the prevailing party in any such action or proceeding shall be entitled to receive
from the other party all costs and expenses, including actual attorneys' and other fees,
reasonably incurred in good faith by the prevailing party in connection with such action or
proceeding. The term "attorneys' and other fees" shall mean and include attorneys' fees,
accountants' fees, and any and all consultants and other similar fees incurred in connection
with the action or proceeding and preparations therefor. The term "action or proceeding" shall
mean and include actions, proceedings, suits, arbitrations, appeals and other similar
proceedings. The applicable costs, salaries, and expenses of the City Attorney and members
of his office shall be considered costs, expenses, and attorneys' fees for the purposes of this
Section 10.
11. Governing Law. This Agreement shall be governed by, interpreted under, and
construed and enforced in accordance with the laws of the State of California applicable to
agreements made and to be performed wholly within such state.
12. Construction. Headings at the beginning of each paragraph are solely for the
convenience of the parties and are not a part of this Agreement. Except as otherwise provided
in this Agreement, all exhibits referred to herein are attached hereto and are incorporated
herein by this reference. Unless otherwise indicated, all references herein to paragraphs,
subparagraphs or provisions are to those in this Agreement. Any reference to a paragraph
herein includes all subparagraphs thereof. This Agreement shall not be construed as if it had
been prepared by only SANBAG or the City, but rather as if both SANBAG and the City had
prepared the same. In the event any portion of this Agreement shall be declared by any court
of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed
severed from this Agreement, and the remaining parts hereof shall remain in full force and
7311 4
2014-108
effect, as fully as though such invalid, illegal or unenforceable portion had never been part of
this Agreement.
13. Number and Gender. As used in this Agreement, the neuter includes the
masculine and feminine, the singular includes the plural and the plural includes the singular.
14. Modification. A modification of any provision herein contained, or any other
amendment to this Agreement, shall be effective only if the modification or amendment is in
writing and signed by both SANBAG and the City.
15. Non-Waiver of Rights. No failure or delay of either party in the exercise of any right
given to such party hereunder shall constitute a waiver thereof unless the time specified herein
for exercise of such right has expired, nor shall any single or partial exercise of any right
preclude other or further exercise thereof or of any other right.
16. Days. The term "days" as used herein shall mean actual days occurring, including
Saturdays, Sundays and holidays. The term "business days" shall mean days other than
Saturdays, Sundays and holidays. If any item must be accomplished or delivered hereunder
on a day that is not a business day, it shall be deemed to have been timely accomplished or
delivered if accomplished or delivered on the next following business day.
17. Successors and Assigns. This Agreement shall inure to the benefit of, and be
binding upon, the parties hereto and their respective heirs, successors and assigns.
18. No Third Party Beneficiaries. No person or entity shall be deemed to be a third
party beneficiary hereof, and nothing in this Agreement (either expressed or implied) is
intended to confer upon any person or entity not a party to this Agreement, including without
limitation Owner or any person or entity comprising Owner, any rights, remedies, obligations or
liabilities under or by reason of this Agreement.
19. Notices. Any notice, demand, request, approval or other communication to be given
by one party to the other shall be in writing (unless some other form of notice is specifically
provided for herein) and given by personal service, facsimile, electronic mail, or express mail,
Federal Express or any other similar form of airborne/overnight delivery service, or mailing in
the United States mail (certified and return receipt requested), addressed to the parties at their
respective addresses as follows:
To SANBAG:
SANBAG To City:
1170 West 3rd Street
San Bernardino, CA 92410 City Manager
Attention: Mitch Alderman City of San Bernardino
Phone: 909.884.8276 300 North "D" Street
E-mail: malderman @sanbag.ca.gov San Bernardino, CA 92418
7311 5
2014-108
Any such notice shall be deemed to have been given upon delivery or refusal of acceptance of
attempted delivery. Either party may change the address at which it desires to receive notice
upon giving written notice of such request to the other party. SAN BAG and the City, and their
respective counsel, hereby agree that notices may be given hereunder by the parties'
respective counsel, and that if any communication is to be given hereunder by SANBAG's or
the City's counsel, such counsel may communicate directly with all principals, as required to
comply with the foregoing provisions.
20. Integration of Other Agreements. This Agreement sets forth the entire contract and
understanding of the parties with respect to the matters set forth herein and supersedes all
previous written or oral understandings, agreements, contracts, correspondence and
documentation with respect thereto. Any oral representations or modifications concerning this
Agreement shall be of no force or effect.
21. Duplicate Originals; Counterparts. This Agreement may be executed in any
number of duplicate originals, all of which shall be of equal force and effect. Additionally, this
Agreement may be executed in counterparts, but shall become effective only after a
counterpart hereof has been executed by each party; all said counterparts, when taken
together, shall constitute the entire single Agreement between the parties.
22. TIME OF ESSENCE. TIME IS OF THE ESSENCE OF THIS AGREEMENT AND
EACH AND EVERY TERM AND PROVISION HEREOF.
IN WITNESS WHEREOF, this Agreement has been executed by the undersigned
parties as of the Effective Date set forth above.
CITY: SANBAG:
CITY OF SANBERNARDINO, SAN BERNARDINO ASSOCIATED
a California Municipal Corporation GOVERNMENTS, a public agency existing
under the laws of the State of California,
acting in its capacity as the San Bernardino
By: do%//..P.
� County Transportation Commission and the
en Parker, San Bernardino County Transportation
City Manager Authority
By:Ciel
RaymetieRaMaielfe,
1n,rri- A. r molAw
flc cF rri
7311 6
Exhibit A
THE PROPERTY
THAT PORTION OF LOT 2,BLOCK 12 OF RANCHO SAN BERNARDINO,IN THE CITY OF SAN
BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED
IN 800K 7,PAGE(S)2 AND 2A,OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE OF"G"STREET WHICH IS NORTH 314.14 FEET
FROM THE INTERSECTION OPINE WEST LINE OF"G"STREET AND THE NORTH LINE OF
CONGRESS STREET;
THENCE CONTINUING NORTH ALONG THE WEST LINE OF"G"STREET 167 FEET, MORE OR
LESS,TO THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED BY DEED TO THE
SAN BERNARDINO VALLEY RAILWAY COMPANY AS RECORDED IN BOOK 57,PAGE 494,OF
DEEDS,RECORDS OF SAID COUNTY;
THENCE SOUTH 89°S6'45"WEST ALONG SAID SOUTH UNE 638.38 FEET,MIRE OR LESS,TO
THE WEST LINE OF SAID LOT 2;
THENCE SOUTH 0°01'25"EAST ALONG THE WEST LINE OF SAID LOT 2 A DISTANCE OF 164.54
FEET,MORE OR LESS,TO A POINT 314.14 FEET NORTH OF THE NORTH LINE OF CONGRESS
STREET;
THENCE SOUTH 89° 50'00"EAST A DISTANCE OF 638.25 FEET,MORE OR LESS,TO A POINT
OF BEGINNING.
F
Exhibit B
EASEMENT
[attached]
ten ftecorged;-Beturn to:
. ..
800K7313 PACE 717
City Clerk's Office
•
-,
sell Bernardino, California it •
• . ".
$3.85 'till
E..A S &N...5_11.2 RP i 'YOE
1,1 1 Y L.
. DONALD L, RUBEN and RAY E, RUBEN, JACQUELINE IT, RUM' w&fe of„Donad„
and ELSIE C. RUBEN, trigg, of my E, gum
41111
(GRANIKKGranteirs) co
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, N
Do........Hereby Grant to the CITY OF SAN BERNARDINO,a Municipal Corporation, an easement tgx
drainage and flood control Fqrposes, in, over, under and across
the real prope,-re,in the City of San Bernardino,County of San Bernardino,State of California,described as follows:
That portion of the North 166.86 feet of Lot 2, Block 12, Rancho San
Bernardino as per plat thereof recorded in Book 7 of Maps, page 2, records
of the County Recorder of said County which lay within the following
desoribed parcel of land:
Those portions of Lots 2 and 3, Block 12, Rancho San Bernardino, in the
City of San Bernardino, County of San Bernardino, State of California,
as per plat recorded in Book 7 of Maps, page 2, records of said County,
described as follows:
BEGINNING at the intersection of the North line of Congress Street and
the West line of Lot 3, Block 12, Rancho San Bernardino; thence North
along said West line of Lot 3, a distance of 202.64 feet; thence '•st
(over)
400. ee 401. i
Dated. September 24 ,19..6g.
Signed in the presence of arr.0•
? 4 '
'i:::4ite "'...Ae. / Ates„,--1
a
ACKNOWLEDGEMENT OF SUBSCRIBING WITNESS: ACKNOWLEDGEMENT OF GRANTOR:
STATE OF CALIFORNIA,.
SS. STATE OF CALIFORNIA
COUNTY OF
: —— SS.
COUNTY OF -SAN..BEIrDINO
Is
' On October 29, 19
fore me,
•
08 ■ Notary Public in and for said County and State,pre -
to dIE !
II y appeared . .. .... .
m V 2
. before me...the.undersigned.
a Notary Public in and for said County and State.person-
..DONALD...L......RUBMI.,...JACQ,UZLINE
, a.—x ,• flown to me to be the person whose name is subscrib ally appeared
to
V.....RUBEN,..RA.Y..E...IWBEN...and...ELSIE...C..
he within instrument as a witness thereto,who,being by
.1 il i e duly at
d sworn,deposed an stated that.. .... .. . . .. .
... ... RUZEN
I ,
known to me to\be the personli whose name..8 arab-
, whose nitric,., subscribed to said instrument, known
scribed to the ,i.ititin instrument a sAnowledged that
. a . • him to be the person.. described in it,and that such
( e tarn
- 'person-..executed it,and that said witness subscribed his they . .. executed th
name thereto pa a witness. WITNESS in mind and offitin .
: '111■`) ' . WITNESS my hand and official seal,
#
(SEAL) ,-4. .a.P,:kr.---1 74
(SEAL)
otary Public in and for as nt and State
Notary Public in and for said Counti*riri'''''
My Commission expires.. ... . .. . ............. . My Commission expires March 9, 1970
• When recorded return to the City Clerk,
This is to certify tb.t the interest in real property City Hall, Sin Bernardino,California.
conveyed by the withio lastrument to the City or San Her-
nerdino, California, a municipal corporation, kg hereby Space below for Recorder's use only:
accepted hy order of the City Council, and the grantee
consents to the recordation thereof by its duly authorised
officer.
Dated.- . 44417`5... i,!"..../177.7‘7 INO CALIFORNIA 0 U Nr, 606NE-ITTARY-=
CITY ()Fp BEZRNARV L. c;# CALIFORN C 4 -=
5 €,I
.._
to53 "• , *
( City Clerk 1, .ions r----OCT-2•89 0 3. 8 5 ---
= 1 Pa
=
' a
— —
SEAL
-T...1.:1-7)
9e .
Book7313 FACE 718
. , and parallel with the North line of said Congress Street, a distance of
9.00 feet; thence North and parallel with the West line of Lot 2 of said
Block 12, a distance of 119.16 feet to the beginning of a tangent curve,
concave Southeasterly and having a radius of 105.00 feet; thence North-
easterly along said curve through a central angle of 600 27' 22", a
distance of 110.79 feet to the beginning of a reverse curve having a
radius of 75.00 feet; thence Northerly along said curve through a cen-
tral angle of 60° .L9' 35", a distance of 78.96 feet to the South line
of the Atchison, Topeka, and Santa Fe Railroad Company's right of way
as conveyed by Deed to the SaR7Bernardino Valley Railway Company, re-
corded in Book 57, page 494 of 'Deeds; thence test along the South line 1,7!V
of said right of way, a distance of 30.00 feet to a point "A"; thence
Southerly along a non-tangent curve, concave Westerly and having a
radius of 105.00 feet, a radial line of said curve at said point being
the South line of said Railroad right of-Way; thence Southerly along
said curve, through a central angle of 60° 19' 3'5'!-,a'distance of 110.55
feet to the beginning of a reverse curve -heying a radius of 75.00 feet;
thence Southwesterly along said curve thTough•,e central angle of 600
27' 22", a distance of 71.14 feet; thence South- and parallelUwith'the
West line of said Lot 2, Block 12, a distance of 119.16 feet; thence
West and parallel with the North line of said Congteee Street:a dis-
tance of 3.00 feet; thence South and parallel with'the West lip, of
said Lots 2 and 3, Block 12, a distance of 202.64 feet to the 'North line
of said Congress Street; thence West along said North line a distance of
36.00 feet to the Point of Beginning.
Together with a temporary construction easement which is located between
the Easterly line of the above described parcel and a line which is
described as follows:
Commencing at point 'A' hereinabove described; thence East along the
South line of said Railroad Company's right of way, a distaneeef-25.00
feet to the True lint of Beginning; thence South and parallel with the
East line of said Lot 2, Block 12, a distance of 60.00 feet; thence
Southwesterly in a straight line to a point which is 80.00 feet East of
and measured at right angles to the West line of said Lot 2 and which
is 166.86 feet South of the South line ef__seid Railxned_Cumpany.'.a..rigltt
of way; thence South and parallel with the West line of Lots 2 and 3,
Block 12 to the North line of said Congress Street and the point of
termination.
The temporary construction easements as set forth above shall terminate
upon the completion and acceptance of construction of the storm drain.
The Grantors herein or their successors or assigns reserve the right of
surface useage of the above described property for parking, storage or.
any other use and for any future' private or public roadway purposes.
The Grantors herein or their successors or assigns are hereby restricted
from constructing any building or structure directly on the easement. Li r/
is l--44##J
Prepared by • . : .. _..»
Checked by
iiec „ Pin„"11"..,St. Storm Drain bet. Congress St. and A.T. & S.F% RR.,
File No: 15.02-221
•
•
e�ac7315 Fact 719
1 RESOLUTION NO. 929d
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF TEE CITY
OF SAN BERNARDINO ACCEPTING AN EASEMENT FCR DRAINAGE AND FLOOD
3 CONTROL PURPOSES FROM DONALD L. RUBEN AND RAY E. RUBEN, JACQUELINE
V. RUBEN, WIFE OF DONALD, AND ELSIE C. RUBEN, WIFE OF RAY E.
4 RUBEN, FOR A PORTION OF 1fiE "H" STREET STCEM DRAIN BETWEEN CO e * ti
STREET AND THE ATCHISON, TOPEKA AND SANTA FE RAILROAD, AND ORDERINe
5 PAYMENT THEREFOR IN THE AMOUNT OF THREE THOUSAND NINE HUNDRED
SEVENTEEN DOLLARS.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
8 SECTION ONE: That the City of San Bernardino does hereby
g accept an Easement from Donald L. Ruben and Ray E. Ruben, Jacque- co
10' line V. Ruben, wife of Donald, and Elsie C. Ruben, wife of Ray E.
11 Ruben, for a portion of the 'H' Street Storm Drain between
12 Congress Street and The Atchison, lbpeka and Santa Fe Railroad, to
13 be used for drainage and flood control purposes, being that real
14 property situated in the City of San Bernardino, County of San
15 Bernardino, State of California, described as follows:
16 That portion of the North 166.86 feet of Lot 2,
Block 12, Rancho San Bernardino as per plat thereof
17 recorded in Book 7 of NNaps, page 2, records of the
County Recorder of said County Which lay within the
18 following described parcel of land:
19 Those portions of Lots 2 and 3, Block 12, Rancho San
Bernardino, in the City of San Bernardino, County of
20 San Bernardino, State of California, as per plat re-
corded in Book 7 of Wpm, page 2, records of said
21 County, described as follows:
22 BEGINNING at the intersection of the North line of
Congress Street and the West line of Lot 3, Block 12,
23 Rancho San Bernardino; thence North along said West
line of Lot 3, a distance of 202.64 feet; thence East
24 and parallel with the North line of said Congress
Street, a distance of 9.00 feet; thence North and
25 parallel with the West line of Lot 2 of said Block 12,
a distance of 119.16 feet to the beginning- of a tan-
26 gent curve, concave Southeasterly and having a radius
of 105.00 feet; thence Northeasterly along said curve
27 through a central angle of 600 27' 22", a distance of
110.79 feet to the beginning of a reverse curve having
28 a radius of 75.00 feet thence Northerly along said
curve through a central angle of 600 19' 35", a die-
29
tance of 78.96 feet to the South line of the Atchison,
Topeka, and Santa Fe Railroad Company's right of way
30 as conveyed by Deed to the San Bernardino Valley Rail-
way Company, recorded in Book 57, page 494 of Deeds;
31 thence East along the South line of said right of way,
a distance of 30.00 feet to a point "A"; thence
32 Southerly along a non-tangent curve, concave Westerly
•
•
•
•
eoon7313 PACE 720
1 and having a radius of 105.00 feet, a radial line of
said curve at said point being the South line of said
2 Railroad right of way; thence Southerly along said
curve, through a central angle of 60° 19' 35' a die-
3 tance of 110.55 feet to the beginning of a reverse
curve having a radius of 75.00 feet; thence South-
4 westerly along said curve through a central angle of
600 27' 22', a distance of 79.14 feet; thence South
5 and parallel with the West line of said Lot 2, Block
12, a distance of 119.16 feet; thence West and pare-
6 llel with the Worth line of said Congress Street a
distance
7 he We 3.00
said;Lots tea dui, Block 12,parallel with
tance of 202.64 feet to the North line of said Congress
8 Street; thence West along said North line a distance
of 36.00 feet to the Point of Beginning.
9
Together with a temporary construction easement which
10! is located between the Easterly line of the above
described parcel and a line which is described as
111 follows:
12 Commencing at point 'A' hereinabove described; thence
East along the South line of said Railroad Company's
13 right of way, a distance of 25.00 feet to the True
Point of Beginning; thence South and parallel with the
14 East line of said Lot 2, Block 12, a distance of 60.00
feet; thence Southwesterly in a straight line to a
15 point which is 80.00 feet East of and measured at
16 right angles to the West line of said Lot 2 and which
is 166.86 feet South of the South line of said Rail-
road road Company's right of way; thence South and parallel
with the West line of Lots 2 and 3, Block 12 to the
North line of said Congress Street and the point of
18 termination.
19 The temporary construction easements as set forth
20 above shall terminate upon the completion and accept-
20 of construction of the storm drain.
21 The Grantors herein or their successors or assigns
22 reserve the right of surface useage of the above de-
scribed property for parking, storage or any other
23 use and for any future private or public roadway
purposes.
24 The Grantors herein or their successors or assigns
25 are hereby restricted from constructing any building
or structure directly on the easement.
26 SECTION TWO: That the City of San Bernardino is hereby
27 authorised to make payment for the herein described
property in
28 the amount of Three Thousand Nine Hundred Seventeen Dollars
29 ($3,917.00).
301 I HEREBY CERTIFY that the foregoing resolution was duly
31 . adopted by the Mayor and Common Council of the City of San Berner-
32 dino at a Aur117i meeting thereof held on the
BOOK7313 PAGE 721
•
1 ,lei day of ..f-/ i,,,,/,vd , 1969, by the following vote,
2 to-wit:
3 AYES: Counoilmen rr�.n/,�r,
4 .,
i
5 NOES: y' i
6 ABSENT: dAvz,tyY.A99.1ir1 •F'rnm2I1!/&
7
8
9 City Clerk
10 The foregoing resolution is hereby approved this !/,r/,
11 day of ,,,/mod , 1969.
C-
12;
t
13 AL C. BALLARD
14 Mayor of the City of San Bernardino
15 Approved as to foul:
16
BALPH IL PRINCE
17 City Attorney
18
19
20 State of California
County of San Bernardino ) SS
21 City of San Bernardino )
22 I do hereby certify that the foregoing Resolution No.
L)yT�, is a full, true and correct copy of that now on file
23 in this office.
24 IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of San Bernardino, this //,yf day
25 of /zy , 1969. .
26
28 (' City Clerk
29 192 wan=AT Mg=at
30 NOON lu IRE{9M
OCT 2 1969 d t &IL
31 5W"` soc7311 PACE717
32
coma,
l, gas DeeaatdJno County,Cant.
•Ialei41/e1A4)
15.30-87 NO FEE Reoodes !
•
•
•
� z-az7 I
Exhibit C
LEGAL DESCRIPTION OF TRANSFER PORTION
[attached]
LEGAL DESCRIPTION
Jong Uk and Bok Soon Byun
APN 0136-091-11
RIGHT OF WAY PARCEL SBPR-44-4—Permanent Easement
A portion of Lot 2, Block 12 of Map of Rancho San Bernardino, in the City of San Ber-
nardino, County of San Bernardino, State of California, recorded in Book 7, page 2 of
Maps, in the Office of the County Recorder of said County, described as follows:
Beginning at the intersection of the South right-of-way line of the former A.T. & S.F.
Railroad (50 feet wide), now vested with San Bernardino Associated Governments
(SANBAG) per Document No. 93-137041, recorded March 29, 1993 in the Office of the
County Recorder of said County, with the East line of a 30 foot wide Easement for
Drainage and Flood Control purposes granted to the City of San Bernardino per
document recorded October 2, 1969 in Book 7313, Page 717 of Official Records of said
County, also being the beginning of a 105.00 foot radius curve concave to the West, a
radial line to said beginning bears North 89°26'30" East; thence Southwesterly along
said East line and the arc of said curve, through a central angle of 05°37'24" a distance
of 10.31 feet; thence leaving said East line South 88°15'07" West 30.30 feet to a point
on the West line of said Easement, also being a point on a non-tangent 75.00 foot
radius curve concave to the West, a radial line to said point bears South 82°11'16" East;
thence Northeasterly along said West line and the arc of said curve, through a central
angle of 08°26'15" a distance of 11.04 feet to a point on said South right-of-way line;
thence leaving said West line and along said South right-of-way line North 89°36'31"
East 30.00 feet to the Point of Beginning.
Said parcel contains 320 square feet, more or less.
Attached hereto is a plat labeled Exhibit B and by this reference made a part thereof.
Distances shown hereon are grid distances in U.S. Survey feet. To obtain ground level
distances, multiply distance by 1/0.99993920. All bearings shown hereon are grid based
upon the California Coordinate System, Zone 5, CCS83, (Epoch NSRS-2007). Bearings
from reference deeds/maps may or may not be in terms of said system.
LAN
a
yA4 L ysR'`,.r.
y
N'N-`' s>, { � .�./ NO. 7010
GARY L. NUS) DATE * Esp. dots 0-30-14
LS 7019
4114 p,
oF cAL,
PAGE 1 OF 1
Exhibit D
PLAT OF TRANSFER PORTION
[attached]
LEGEND ' SHEET 1 OF 1
P.ae. INDICATES POINT SRPR-44.4 Jong Uk and Bok Boon Byun
OF BEGINNING APN 0136-091-11
EZA INDICATES City of San Bernardino, CA 1 g
PERMANENT
EASEMENT -N
LINE TABLE CURVE TABLE N
LINE BEARING LENGTH CURVE DELTA RADIUS LENGTH
Li S8875'07"W 31130' Cl 053724" 105.00' 11131' IR
L2 N8936'31'E 30.00' C2 0876'15" 75.00' 11.04'
I
RANCHO BAN BBRNAJRD1NO I
MB 7/2
BLOCK 12
LOTI
N8926'30"(R1
I-- ' r _.
// �_-EXISTING SANBAG RIGHT OF WAY-.) �N _
1 I
C2 12 ,1 P.QB. N
Ll C1
4EM
/ I`
' , W
RANCHO A BERNARDINO
• --
H7 °' EASEMENT FOR DRAINAGE MB 7/2
AND FLOOD COW7ROIL PURPOSES I
I I GRANTED 70 THE CITY OF SAN �'
I I BERNARDINO PER DOCUMENT BL 0 OK 12
—- I I RECORDED OCT. Z 1969 IN
-I �I BOOK 7313, PAGE 717, O.R. 41.25'41.25
—- I ve LAND so .-— -
?447 or- L. at 'I,
V �0
A'Z,,N,v, 18 4' �/—' * dote 8-30-14 *
GARY L. HUS, L.S. 7019 DA7E
11111;# PROJECT DESIGN CONSULTANTS rch �r�rf OF CA4�4 �
Planning I Landscape A tecdxxe I En nroedng I Swvey non er
naxeawrre
P:\3833\SURVEY,.BNDRY\SURVEYDWG\PLATS\RAILROAD RW- TAKE \S8PR-44\.7833-S8PR-44-4-SHTI-RE 4SED.DIiVG
Exhibit E
QUITCLAIM DEED
[attached]
RECORDING REQUESTED BY:
Lawyers Title Insurance Company
275 West Hospitality Lane, Suite 200
San Bernardino, CA 92408
Escrow and Order No.
WHEN RECORDED MAIL TO:
SANBAG
1170 West 314 Street,2"d Floor
San Bernardino, California 92410-1715
APN(s): 0136-091-11 EXEMPT FROM RECORDING FEES PER GOVT.CODE§27383
EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV.&TAX CODE§11922
QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
City of San Bernardino, a California Municipal Corporation ("Transferor"), does hereby
REMISE, RELEASE and forever QUITCLAIM to San Bernardino Associated Governments,
a public agency existing under the laws of the State of California ("SANBAG"), acting as
the San Bernardino County Transportation Commission and the San Bernardino County
Transportation Authority,a public agency existing under the laws of the State of California
("Transferee"), the real property located in the City of San Bernardino, County of San
Bernardino, State of California, more particularly described in the legal description attached
hereto as Exhibit A and depicted or illustrated on the map or plat attached hereto as Exhibit B;
both of such attachments / exhibits are incorporated herein by this reference. Prior to the
execution and recording of this Quitclaim Deed,the real property was the subject of an easement
or easements in favor of Transferor pursuant to that certain Easement dated September 24, 1968,
recorded in the Official Records of San Bernardino County, California on October 2, 1969, in
Book 7313 at Page 717; a copy of the Easement is attached hereto as Exhibit C and incorporated
herein by this reference. Such easement is or easements, to the extent located on the property
described in this instrument, but not otherwise, are terminated by the execution and recording of
this Quitclaim Deed.
IN WITNESS WHEREOF, Transferor has caused this instrument to be executed on the
date set forth below.
Dated: TRANSFEROR:
CITY OF SAN BERNARDINO,
a California Municipal Corporation
NOTARY ACKNOWLEDGMENT
(California All-Purpose Acknowledgment)
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , 201_ before me, , notary public,
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 of Notary Public
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the foregoing Quitclaim Deed
dated , 201_, from the City of San Bernardino (TRANSFEROR) to the
undersigned San Bernardino Associated Governments (SANBAG) acting as the San Bernardino
County Transportation Commission and the San Bernardino County Transportation Authority
(TRANSFEREE), the provisions of which instrument are incorporated by this reference as
though fully set forth in this certificate, is hereby accepted by the undersigned officer(s) on
behalf of SANBAG pursuant to authority conferred by the SANBAG Board of Directors Agenda
Item , adopted on , 201_, and TRANSFEREE consents to recordation
thereof by its duly authorized officer.
Description/identification of real property: , San Bernardino, CA 92
Dated:
By:
Name:
Title:
State of California )
County of San Bernardino )
On ,201_, before me,
Date Here Insert Name and Title of the officer
personally appeared
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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 of Notary Public (Seal)
EXHIBIT A
TO QUITCLAIM DEED
Legal Description of Property
[APN(s): 0136-091-11]
[attached behind this page]
EXHIBIT A
. LEGAL DESCRIPTION
Jong Uk and Bok Soon Byun
APN 0136-091-11
RIGHT OF WAY PARCEL SBPR-44-4—Permanent Easement -
A portion of Lot 2, Block 12 of Map of Rancho San Bernardino, in the City of San Ber-
nardino, County of San Bernardino, State of California, recorded in Book 7, page 2 of
Maps, in the Office of the County Recorder of said County, described as follows:
Beginning at the intersection of the South right-of-way line of the former A.T. & S.F.
Railroad (50 feet wide), now vested with San Bernardino Associated Governments
(SANBAG) per Document No. 93-137041, recorded March 29, 1993 in the Office of the
County Recorder of said County, with the East line of a 30 foot wide Easement for
Drainage and Flood Control purposes granted to the City of San Bernardino per
document recorded October 2, 1969 in Book 7313, Page 717 of Official Records of said
County, also being the beginning of a 105.00 foot radius curve concave to the West, a
radial line to said beginning bears North 89°26'30" East; thence Southwesterly along
said East line and the arc of said curve, through a central angle of 05°37'24" a distance
of 10.31 feet; thence leaving said East line South 88°15'07" West 30.30 feet to a point
on the West line of said Easement, also being a point on a non-tangent 75.00 foot
radius curve concave to the West, a radial line to said point bears South 82°11'16" East;
thence Northeasterly along said West line and the arc of said curve, through a central
angle of 08°26'15" a distance of 11.04 feet to a point on said South right-of-way line;
thence leaving said West line and along said South right-of-way line North 89°36'31"
East 30.00 feet to the Point of Beginning.
Said parcel contains 320 square feet, more or less.
Attached hereto is a plat labeled Exhibit B and by this reference made a part thereof.
Distances shown hereon are grid distances in U.S. Survey feet. To obtain ground level
distances, multiply distance by 1/0.99993920. All bearings shown hereon are grid based
upon the California Coordinate System, Zone 5, CCS83, (Epoch NSRS-2007). Bearings
from reference deeds/maps may or may not be in terms of said system.
(---
49 LAND sh
c4 is
Asss.a.).-\\ ---,„ ..1 _0\ 7e—e---. /2 .... Nay is
GARY L. MS' DATE * Exp. dote 6-30-14
LS 7019
%or OA"
PAGE 1 OF 1
P:138331SURVEY BNDRYISURVEY DWGIPLATSMailRoad RW-takes SBPR-4413833-SBPR-44-4-revised.doc
EXHIBIT B
TO QUITCLAIM DEED
Map or Plat of Real Property
[APN(s): 0136-091-11]
[attached behind this page]
LEGEND " EXHIN1- B SHEET 1 OF 1
P.CW. INDICATES POINT SBPR-44-4 Jona lac and Bok goon Byun
OF BEGINNING APN 0136-091-ii
E A INDICATES City of Ban Bernardno, CA
PERMANENT
EASEMENT ":1
LINE TABLE CURVE TABLE N
LINE BEARING LENGTH CURVE DELTA RADIUS LENGTH
li _
L1 58815'07'W 3(30' Cl 0537'24" 105.00' 10.31'
L2 N8936'31"E _ 30.00' C2 0826'15" 75.00' 11.04'
RANCHO CAN B FINAFiDJN O
MB 7/2
BLOCK 12
LOT 1
N8976'30"1RJ
r
// �-EXISTING SA_NBAG RIGHT QF WAY - r - _
C2 L2 ,' P.aa. 0 cNi
Ll C1
320 SF.
' 5•
w
B8RNARDJNO
� • (i)
•—-- x, C7
-30' EASEMENT FOR DRAINAGE MB 7/2
AND FLOOD CONTROL PURPOSES 1
11 ;I GRANTED 70 THE CITY OF SAN BLOCK 12
_ BERNARDNYO PER DOCUMENT
- - I I RECORDED OCT. 2 1969 IN 41.25 141.25
J �I BOOK 7313 PAGE 717, O.R.
—- 1 4" LAND SGR
`441►6�� L 00 4, ,-— -
a /2-41.— /-3 ••./ NO X19 *
GARY L. NUS, L.S. 7019 DATE
* date 8-30-14 1 Sub No
PROJECT DESIGN CONSULTANTS w o o u � �cm,
PliMng I I endaaps Ards I Enpiie. g I Survey aswawn.c
P:\.783,ASURVEY_BNDRY\SURW.'LD,V\PLATS\RAKRBAD RW- TAKES`\SID'R-44\3833-SEPR-44-4-SRTl-REPiIS°E6.DNG
EXHIBIT C
TO QUITCLAIM DEED
Easement
[APN(s): 0136-091-11]
[attached behind this page]
Ien Itecorcet Return to: —
, City Clerk's Office �
BOOK 7313 PACE 717
San Bernardino, California iii. i . . .
$3.85 lid
Z.A- S ..11.,.Z...,D„I SL-F' '1 •i�►b1;
r.;i't L....,
. DONAlD_ ,. RIMEN 4AGLY4Y $a ARUBEN,, JACQUELINE...Ys�RU$M.,....W..tf.fr....a..DQ ady.
and ELSIE C. RUB,BN,-.Tdife cL ML& AVM&
(
imh
09IdOR CGrsntora) CO
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, N
Do Hereby Grant to the CITY OF SAN BERNARDINO,a Municipal Corporation, $I4 e4.49.14EAt..19T �.. ..._
drainage and flood control purposes, inf overt under and across
the real prope-f'le the City of San Bernardino,County of San Bernardino, State of California,described as follows:
That portion of the North 166.86 feet of Lot 2, Block 12, Rancho San
Bernardino as per plat thereof recorded in Book 7 of Maps, page 2, records
of the County Recorder of said County which lay within the following
desoribed parcel of land:
Those portions of Lots 2 and 3, Block 12, Rancho San Bernardino, in the
City of San Bernardino, County of San Bernardino, State of California,
as per plat recorded in Book 7 of Maps, page 2, records of said County,
described as follows:
BEGINNING at the intersection of the North line of Congress Street and
the West line of Lot 3, Block 12, Rancho San Bernardino; thence North
along said West line of Lot 3, a distance of 202.64 feet; thence :st
(over)
1 41" i
Dated. September 24 19 68
L.
Signed in the presence of .... ....
..........._. ........._. >d.«.aG C.s..2 r' ..A.l .i ��• , �..
ACKNOWLEDGEMENT OF SUBSCRIBING WITNESS: ACKNOWLEDGEMENT OF GRANTOR:
STATE OF CALIFORNIA,.
33. STATE OF CALIFORNJA
SS
COUNTY OF ..
n ....... .. COUNTY OF ....SAii.. INO
fora me, -
On October 29,,..l
before me.•.the...tlfuiarai d.
v 8 Notary Public in and for said County and State,person- }'° ""'"'°' -
m le aPPrered a Notary Public in and for said County and State,person-
Z ally appeared..1)QNALIk...L.....BU$EN ..JUiLZNE
d_5cnown to me to be the person whose name is subscribed to V... BUBEfl RAY..K....RUSE�i...and_.ELStII�...C..
'the within instrument as a witness thereto,who,being by BEN r"'
• H § see duly sworn,deposed and stated that.. .... ..... .....
r known to me tq be the persona whose name..3 arBib-
S N 'whose name... subscribed to said instrument,known
,to him to be the person.. described in it,and that such scrilx d to th lthfn instrument a knowledged that
iperzon..,.executed it,and that said witness subscribed his they executed the sere
4 {{
r.};:, 'name thereto ps a witness. WITNESS to and and uffikla _ .
. 1` WITNESS my hand and official seal,
=r (SEAL) (SEAL) y i Public n and for sa un and State
Notary Public in and for said County and State
My Commission expires,. ... ,,..... . . My Commission expires March 9, 1970
When recorded return to the City Clerk,
This is to certify that the interest in real property City Hall,San Bernardino,California.
conveyed by the with,,.iestrumeet to the City of San Ber-
nardino, California, a municipal corporation, is hereby, Space below for Recorder's use only:
accepted by wder of the City t'ouncil, and the grantee
moments to the r.eordatloa thereof by its duly authorized
officer. /rj
Dated.,, . -?.iGf teal. ..1..../. /re? W COuNiy CITY OP.'�AAl� B!���t�ut�INO L o CAllf9RNIA DOCUMENTARY gy Brs t! .,.'.... ��•y� `~ N * TAX_.
50 ea Z� • r
City Clerk m" �, loll it - : Q 3. B 5
t o IsB7B
semi.
9 e
Boo17313 PACE 7l.$
•
• and parallel with the North line of said Congress Street, a distance of
9.00 feet; thence North and parallel with the West line of Lot 2 of said
Block 12, a distance of 119.16 feet to the beginning of a tangent curve,
concave Southeasterly and having a radius of 105.00 feet; thence North-
easterly along said curve through a central angle of 600 27' 22", a
distance of 110.79 feet to the beginning of a reverse curve having a
radius of 75.00 feet; thence Northerly along said curve through a cen-
tral angle of 60° •1u9' 35", a distance of 78.96 feet to the South line
of the Atchison, Topeka, and Santa Fe Railroad Company's right of way H
as conveyed by Deed to the Safi Bernardino Valley Railway Company, re-
corded in Book 57, page 494 of 'Deeds; thence East along the South line N
of said right of way, a distance of 30.00 feet to a point "A"; thence
Southerly along a non-tangent curve, concave Westerly and having a
radius of 105.00 feet, a radial line of said curve at said poistt being
the South line of said Railroad right of-Way; thence Southerly'along
said curve, through a central angle of 60° 19' 35"-a-distanee of. 110.55
feet to the beginning of a reverse curve-having a radius of 75.00 feet;
thence Southwesterly along said curve th;rough.,a central angle of 600
27' 22", a distance of 79.14 feet; thence South and parallel'with°the
West line of said Lot 2, Block 12, a distance of 119.16 feet; thence
West and parallel with the North line of said Congress Street;a d -
tance of 3.00 feet; thence South and parallel with`the Weat line of
said Lots 2 and 3, Block 12, a distance of 202.64 feet to 'the..'North line
of said Congress Street; thence West along said North line a distance of
36.00 feet to the Point of Beginning.
Together with a temporary construction easement which is located between
the Easterly line of the above described parcel and a line which is
described as follows:
Commencing at point "A` hereinabove described; thence East along the
South line of said Railroad Company's right of way, a distance Hof 25.00
feet to the True Joint of Beginning; thence South and parallel with the
East line of said Lot 2, Block 12, a distance of 60.00 feet; thence
Southwesterly in a straight line to a point which is 80.00 feet East of
and measured at right angles to the West line of said Lot 2 and which
is 166.86 feet South of the South line of.eei4 Beliread.Coepaaytsttight
of way; thence South and parallel with the West line of Lots 2 and 3,
Block 12 to the North line of said Congress Street and the point of
termination.
The temporary construction easements as set forth above shall terminate
upon the completion and acceptance of construction of the storm drain.
The Grantors herein or their successors or assigns reserve the right of
surface useage of the above described_ property for parking, storage or.
any other use and for any future' private or public roadway purposes.
The Grantors herein or their successors or assigns are hereby restricted
from constructing any building or structure directly on the easement. A ,._/
T#
p aE..
ii
I la `
Prepared M ..... ...._....
Clinked by
umtk. Ptn "ii" St. Storm Drain bet. Congress St. and A.T. & S.F.RE. _•
File No: 15.02-221
•
•
BOON 7311 FACE 7I9
1 RESOLUTION NO. 5Appv
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ACCEPTING AN EASEMENT FOR DRAINAGE AND FLOOD
3 CONTROL PURPOSES FROM DONALD L. RUBEN AND RAY B. RUBEN, JACQUELINE
V. RUBEN, WIFE OF DONALD, AND ELSIE C. RUBEN, WIFE OF RAY E.
4 RUBEN, FOR A PORTION OF THE 'H' STREET STORM DRAIN BETWEEN CO:
STREET AND THE ATCHISON, TOPEKA AND SANTA FE RAILROAD, AND ORDERINe
5 PAYMENT THEREFOR IN TIE AMOUNT OF THREE THOUSAND NINE HUNDRED
SEVENTEEN DOLLARS.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
8 SECTION ONE: That the City of San Bernardino does hereby
•
g accept an Easement from Donald L. Ruben and Ray E. Ruben, Jacque- �V
t
10 line V. Ruben, wife of Donald, and Elsie C. Ruben, wife of Ray E.
11 Ruben, for a portion of the 'H' Street Storm Drain between
12 Congress Street and The Atchison, lbpeka and Santa Fe Railroad, to
13 be used for drainage and flood control purposes, being that real
14 property situated in the City of San Bernardino, County of San
15 Bernardino, State of California, described as follows:
16 That portion of the North 166.86 feet of Lot 2,
Block 12, Rancho San Bernardino as per plat thereof
17 recorded in Book 7 of Paps, page 2, records of the
County Recorder of said County which lay within the
18 following described parcel of land:
19 Those portions of Lots 2 and 3, Block 12, Rancho San
Bernardino, in the City of San Bernardino, County of
20 San Bernardino, State of California, as per plat re-
corded in Book 7 of Maps, page 2, records of said
21 County, described as follows:
22 BEGINNING at the intersection of the North line of
Congress Street and the West line of Lot 3, Block 12,
23 Rancho San Bernardino; thence North along said West
line of Lot 3, a distance of 202.64 feet; thence East
24 and parallel with the North line of said Congress
Street, a distance of 9.00 feet; thence North and
25 parallel with the West line of Lot 2 of said Block 12,
a distance of 119.16 feet to the beginning of a tan-
26 gent curve, concave Southeasterly and having a radius
of 105.00 feet; thence Northeasterly along said curve
27 through a central angle of 600 27' 22', a distance of
110.79 feet to the beginning of a reverse curve having
28 a radius of 75.00 feet; thence Northerly along said
curve through a central angle of 600 19' 35', a die-
29 tance of 78.96 feet to the South line of the Atchison,
Topeka, and Santa Fe Railroad Company's right of way
30 as conveyed by Deed to the San Bernardino Valley Rail-
way way Company, recorded in Book 57, page 494 of Deeds;
thence East along the South line of said right of way,
a distance of 30.00 feet to a point 'A'; thence
32 Southerly along a non-tangent curve, concave Westerly
•
•
L=�Z7
EON 7313 PACE 720
1 and having a radius of 105.00 feet, a radial line of
said curve at said point being the South line of said
2 Railroad right of way; thence Southerly along said
curve, through a central angle of 60° 19' 35' a die-
3 tance of 110.55 feet to the beginning of a reverse
curve having a radius of 75.00 feet; thence South-
4 westerly along said curve through a central angle of
60° 27' 22', a distance of 79.14 feet; thence South
5 and parallel with the West line of said Lot 2, Block
12, a distance of 119.16 feet; thence West and para-
6 1101 with the North line of said Congress Street a
distance of 3.00 feet; thence South and parallel with
7 the West line of said Lots 2 and 3, Block 12, a die- 0
tance of 202.64 feet to the North line of said Congress
8 Street; thence West along said North line a distance
of 36.00 feet to the Point of Beginning.
9
Together with a temporary construction easement which
10 is located between the Easterly line of the above
described parcel and a line which is described as
11 follows:
12 Commencing at point 'A' hereinabove described; thence
East along the South line of said Railroad Company's
13 right of way, a distance of 25.00 feet to the True
Point of Beginning; thence South and parallel with the
141 East line of said Lot 2, Block 12, a distance of 60.00
15i feet; thence Southwesterly in a straight line to a
point whit* is 80.00 feet East of and measured at
right angles to the West line of said Lot 2 and which
16 is 166.86 feet South of the South line of said Rail-
road Company's right of way; thence South and parallel
17 with the West line of Lots 2 and 3, Block 12 to the
North line of said Congress Street and the point of
18 termination.
19 The temporary construction easements as set forth
20 above shall terminate upon the completion and accept-
20 of construction of the storm drain.
21 The Grantors herein or their successors or assigns
de-
22 reserve the right of surface useage of the above de-
scribed property for parking, storage or any other
23 use and for any future private or public roadway
purposes.
24 The Grantors herein or their successors or assigns
are hereby restricted from constructing any building
251 or structure directly on the easement.
26 SECTION TWO: That the City of San Bernardino is hereby I
27 authorised to make payment for the herein described property in
28 the amount of Three Thousand Nine Hundred Seventeen Dollars
29 ($3,917.00).
30 I HEREBY CERTIFY that the foregoing resolution was duly
31 . adopted by the Mayor and Common Council of the City of San Berner-
32 dino at a meeting thereof held on the
tt i
Ei �ZZ7
80037313 PACE 721
•
1 ,lei day of ..574 i /. , 1969, by the following vote,
2 to-wit:
3 AYES: Councilmen Avi"iie -1i idt, OS-4.,g
4 .,e ..,-. /, , ,.�.
/ 2
5 NOES:
6
7
8
JA I. I. IE.110ii
9 City Clerk
10 The foregoing resolution is hereby approved this //,
11 day of 7 ,/,yi,/ , 1969. C-
121
13 AL C. 13ALLARD
14 Mayor of the City of San Bernardino
15 Approved as to fora:
16
.ALPII IL PRINCE
17 City Attorney
18
19
20 State of California
County of San Bernardino ) SS
21 City of San Bernardino )
22 I do hereby certify that the foregoing Resolution No.
QQgqgqa_, is a full, true and correct copy of that now on file
23 its office.
24 IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of San Bernardino, this /ad day
25 of f7pn/to/ , 1969. .
26
27 (//..
/ J City Clerk
28
29 192 mo•=AT smarm as
MST
30 * A ERIC i1111 89
OCT 2 1968M$ &L
31 SAP` tooK7313 PACE 717
32 OFERSAL REC0RDS
Sul Basirdb'o County,CARL
tY14.4,7444)
15.30-87 : 1N0FEE
Reoa i
ri •
!! z 2z7 i
•
•
•
•
Exhibit F
NEW EASEMENT
[attached]
RECORDING REQUESTED BY
CITY OF SAN BERNARDINO
AND WHEN RECORDED MAIL DOCUMENT TO:
CITY OF SAN BERNARDINO
CITY CLERK
300 NORTH"D"STREET
SAN BERNARDINO,CA 92418
Ptn.of APN:0136-091-11
THIS DOCUMENT IS EXEMPT FROM
DOCUMENTARY TRANSFER TAX PURSUANT TO
SECTION 11922 OF THE CALIFORNIA REVENUE
AND TAXATION CODE AND SUBJECT TO FREE
RECORDING PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 6103
GRANT OF EASEMENT
For valuable consideration, receipt of which is hereby acknowledged, THE SAN
BERNARDINO ASSOCIATED GOVERNMENTS, acting in its capacities as THE SAN
BERNARDINO COUNTY TRANSPORTATION COMMISSION and THE SAN
BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a public agency existing
under the laws of the State of California ("Grantor" or "SANBAG"), hereby grants to the
CITY OF SAN BERNARDINO, a California Municipal Corporation ("Grantee"), a non-
exclusive subsurface easement for drainage and flood control purposes, including the
construction, maintenance, use, operation, inspection, repair and reconstruction of a
storm drain and any usual, necessary and related appurtenances thereto, all as is
already existing or as may in the future be constructed or
reconstructed (collectively, the "Facility"), under that certain real property in the City
of San Bernardino, County of San Bernardino, State of California as more specifically
described in Exhibit "A" and shown on Exhibit "B", attached hereto and incorporated
herein by this reference ("Subsurface Easement Area" or "Easement Area"). The
Subsurface Easement Area, adjoining real property of Grantor and personal property of
Grantor located thereon shall hereinafter collectively be referred to as "Grantor
Property". In connection with this grant of easement, Grantee, its contractors,
agents and employees, shall, subject to and in accordance with the provisions hereof,
have reasonable rights of entry and access onto that portion of the Grantor Property
where the Subsurface Easement Area is located for the construction, maintenance, use,
operation, inspection, repair and reconstruction of the Facility.
This grant of easement is subject to the terms and conditions set forth in Exhibits
"C" and "D" attached hereto and incorporated herein. Grantee, by its acceptance of this
grant of easement, agrees to such terms and conditions.
Dated:
GRANTOR:
SAN BERNARDINO ASSOCIATED GOVERNMENTS,
acting in its capacities as THE SAN BERNARDINO
COUNTY TRANSPORTATION COMMISSION and
THE SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY, Public agencies
existing under the authority of the Laws of the State of
California
BY:
E.Jahn,Chairperson
ITS: Chair of the Board of Directors
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF )
SS
COUNTY OF )
On , 20 before me,
a Notary Public, 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(ties), 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:
(Signature of Notary Public)
Commission #:
Commission Expiration:
ACCEPTANCE
This is to certify that the interest in the real property conveyed by the within instrument to the City
of 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.
CITY OF SAN BERNARDINO
By:
City Clerk
Date:
EXHIBIT "A" TO GRANT OF EASEMENT
Description of Easement Area
(Attached)
EXHIBIT A
LEGAL DESCRIPTION
Jong Uk and Bok Soon Byun
APN 0136-091-11
RIGHT OF WAY PARCEL SBPR-44-4—Permanent Easement
A portion of Lot 2, Block 12 of Map of Rancho San Bernardino, in the City of San Ber-
nardino, County of San Bernardino, State of California, recorded in Book 7, page 2 of
Maps, in the Office of the County Recorder of said County, described as follows:
Beginning at the intersection of the South right-of-way line of the former A.T. & S.F.
Railroad (50 feet wide), now vested with San Bernardino Associated Governments
(SANBAG) per Document No. 93-137041, recorded March 29, 1993 in the Office of the
County Recorder of said County, with the East line of a 30 foot wide Easement for
Drainage and Flood Control purposes granted to the City of San Bernardino per
document recorded October 2, 1969 in Book 7313, Page 717 of Official Records of said
County, also being the beginning of a 105.00 foot radius curve concave to the West, a
radial line to said beginning bears North 89°26'30" East; thence Southwesterly along
said East line and the arc of said curve, through a central angle of 05°37'24" a distance
of 10.31 feet; thence leaving said East line South 88°15'07" West 30.30 feet to a point
on the West line of said Easement, also being a point on a non-tangent 75.00 foot
radius curve concave to the West, a radial line to said point bears South 82°11'16" East;
thence Northeasterly along said West line and the arc of said curve, through a central
angle of 08°26'15" a distance of 11.04 feet to a point on said South right-of-way line;
thence leaving said West line and along said South right-of-way line North 89°36'31"
East 30.00 feet to the Point of Beginning.
Said parcel contains 320 square feet, more or less.
Attached hereto is a plat labeled Exhibit B and by this reference made a part thereof.
Distances shown hereon are grid distances in U.S. Survey feet. To obtain ground level
distances, multiply distance by 1/0.99993920. All bearings shown hereon are grid based
upon the California Coordinate System, Zone 5, CCS83, (Epoch NSRS-2007). Bearings
from reference deeds/maps may or may not be in terms of said system.
LAND s!,
* Na 7019
GARY L. HU DATE '. Me 6-30-14
LS 7019 sy,
OF
PAGE 1 OF 1
13:138331SURVEY_BNDRY1SURVEY DWGIPLATS1RaIIRoadRw-take&SBPR-4413833-SBPR-44-4-revised.doc
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EXHIBIT "B" TO GRANT OF EASEMENT
Plat
(Attached)
LEGEND ' EXHIBIT B SHEET 1 OF 1
P.QR INDICATES POINT SBPR-44-4 Jong (Ac and Bok goon Byun
OF BEGINNING APN 0136-091-11
EZA IPER►/ANENT City of Ban Bernardino, CA $
EASEMENT
1 3-1
LINE TABLE CURVE TABLE N •
LINE BEARING LENGTH CURVE DELTA RADIUS LENGTH
L1 S8875'07'W 30.30' Cl 05'37'24" 10500' 10.31' ,
L2 N8936131''E 30.00' C2 0876'15" _ 75.00' 11.04'
I
RANCHO SAN BF;FRNARDJNO 1
MB 712
BLOCK 12
LOT 1 I
N8926'30 10?)
I ■
// ``-EXISTING SA_NBAG RIGHT OF WAY-) N ' _
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—r IVJc -30' EASEMENT FOR DRAINAGE MB 712 0
• AND FLOOD CON7R01. PURPOSES I
I 1 GRANTED TO 7HE CITY OF SAN �'
_ I I BERNARDINO PER DOCUMENT BLOCK 12
- I I RECORDED OCT. Z 1969 IN
- �l BOOK 7314 PAGE 717, O.R. 41.25 1.25
—- 1 v LAND s
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�j,) NO. 7019! /
GARY L. HUS, LS. 7019 DATE * date 6-30-14
r? PROJECT DESIGN CONSULTANTS c is 4 OFCA4�F
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P:\3833\SURVEY_BNDRY\SURVEY_DWG\PLATS\RAILROAD RW- TAKE \SEPR-44\3833-SBPR-44-4--SHTI-REI'ISED.DNG
EXHIBIT "C" TO GRANT OF EASEMENT
1. Construction. Any work performed or caused to be performed by Grantee within
the Easement Area and/or the Grantor Property shall be done in accordance with the
terms and provisions set forth in Exhibit "D" and in a manner which is equal to or greater
than the then applicable standards of the industry for such work. Grantee shall use
reasonable care not to interfere with the use by Grantor of the Easement Area, nor
materially or adversely affect Grantor's use of the Grantor Property.
2. Subordinate Rights. Grantee's rights are subject and subordinate to the prior and
continuing rights and obligations of Grantor, its successors, assigns, licensees and
permittees, including without limitation rights and obligations to use the Grantor Property
or any portion thereof in the exercise of its powers and in the performance of its duties,
including those as a public transportation body. The surface land over the Easement
Area is, or may become at Grantor's sole discretion, an active, operating, railroad right
of way. Without limiting the generality of the forgoing, there is specifically reserved
and retained unto Grantor, its successors, assigns, contracting railroad operators,
licensees and permittees, the right to construct, reconstruct, operate, maintain, use
and/or relocate existing and future rail tracks, facilities and appurtenances and existing
and future transportation, communication, pipeline and other facilities and
appurtenances in, upon, over, under, across and along the Grantor Property or any
portion thereof, and in connection therewith the right to grant and convey to others
rights and interests to the Grantor Property or any portion thereof subject to this
Easement; provided, however, that the same shall not unreasonably restrict, interfere
with or limit Grantee's rights hereunder, including without limitation such rights as are
evidenced by Grantee's operation, maintenance and use of the Easement Area for the
purposes contemplated hereby as of and already existing on the date of this grant of
easement.
3. Transit Facilities. Grantee acknowledges and agrees that the Easement Area is
adjacent and/or proximate to the Grantor Property that is and/or may be used for public
transit and/or passenger or freight railroad purposes, that may include rail lines, tracks or
dedicated roadway, rail storage yards, trains, buses or other vehicles ("Transit
Facilities"), utilized by (i) Grantor, (ii) any other person or entity validly operating or
maintaining any of the Transit Facilities ("Operator") , including without limitation railroad
operators, and/or any public transit lines on the streets surrounding the Grantor Property
(which shall be included in "Transit Facilities" as defined herein), (iii) any persons
employed, retained or engaged by Grantor or any Operator for that purpose, or for the
purpose of maintaining, repairing, restoring or reconstructing any of the Transit Facilities,
and/or (iv) Grantor's successors, assigns, licensees, and permittees (items (i) through
(iv) above are hereinafter, collectively, referred to as the "Transit Operators"), and all
equipment and improvements related to the construction, maintenance or operation of
the Transit Facilities in, on, over or under the Grantor Property and the adjoining streets,
sidewalks and public rights-of-way. Grantee further acknowledges and accepts that, in
connection therewith, Grantee and any users or occupiers of the Easement Area may be
subjected to disturbance, inconvenience, annoyance and nuisance associated with or
related to (a) the construction, operation, use, repair, maintenance, replacement or
reconstruction on or of the Transit Facilities, (b) the operation of public transit service in,
on, under, or over the Transit Facilities, and (c) the activities of patrons, employees,
contractors, consultants, Transit Operators or agents in and around the Transit Facilities
(collectively, the "Transit Proximity Risks"). Notwithstanding the foregoing, the Transit
Proximity Risks do not include bodily injury or property damage to the extent caused by
the gross negligence or intentional misconduct of Grantor or Transit Operators on the
Grantor Property.
4. Maintenance and Repair. Subject to the terms of Section 5 immediately
following this Section 4, Grantee, at Grantee's sole expense, shall maintain the
Easement Area and the Facility in good condition and repair and shall perform all
maintenance and clean-up of the Easement Area and the Facility as necessary to keep
the Easement Area and the Facility in good order and condition. If any portion of the
Grantor Property, including without limitation the Transit Facilities or other improvements
or fixtures, suffers damage by reason of the access to or use of the Easement Area by
Grantee or its officers, directors, agents, representatives, employees, visitors, invitees,
contractors, subcontractors and anyone employed by or for whose acts Grantee is liable
(individually, including the Grantee, a "Grantee Party"; and collectively, also including the
Grantee, the "Grantee Parties"), including but not limited to damage arising from any
tests or investigations conducted upon the Grantor Property, Grantee shall, at Grantee's
sole cost and expense, immediately repair all such damage and restore the Grantor
Property to as good a condition as before such cause of damage occurred. Repair of
damage shall include, without limitation, resurfacing of any holes, ditches or other
indentations, as well as of any mounds or other inclines created by any
excavation by Grantee or other Grantee Parties.
5. Grantor's Obligations. As a part of the Transit Facilities, Grantor may construct a
structure to protect Grantee's drain pipe in the Easement Area ("Drain Pipe"), whether(i)
the existing drain pipe which is (or which is a part of) the Facility in the Easement Area
or (ii) any later new or substituted drain pipe constructed by Grantee which becomes (or
which becomes a part of) the Facility and, subject to Section 4 immediately above, as
between Grantor and Grantee, Grantor shall be responsible for the maintenance of such
protective structure, whether or not its location is wholly within the Easement Area or
extends beyond the Easement Area. Again, subject to Section 4 immediately above,
Grantor shall be responsible for the maintenance of the surface area of the Grantee
Property immediately above the Subsurface Easement Area. Further, as between
Grantor and Grantee, but subject to Section 4 immediately above, damage to the Drain
Pipe to the extent resulting from Grantor's construction, operation, maintenance, repair
or use of the Transit Facilities shall be the responsibility of Grantor.
EXHIBIT "D" TO GRANT OF EASEMENT (SANBAG FACILITIES)
SANBAG Facilities and Rail Right of Way Additional Requirements
Defined terms in this Exhibit "D" are identified by initial capital letters; such
terms shall have the same meaning in this Exhibit "D" as they have in the Grant of
Easement of which this Exhibit "D" is a part, including Exhibit "C" above. Grantee and
all other Grantee Parties shall comply with the rules and requirements set forth below
when working on or around SANBAG's facilities or active rail right of way, including
without limitation the Transit Facilities:
1. Grantee shall perform all of its activities on the Easement Area (a) in compliance
with the terms of this grant of easement and (b) in accordance with applicable laws,
rules and regulations, as well as any and all applicable procedures and requirements of
SANBAG and/or other Transit Operators (including any permit requirements; that is,
requirements to obtain a permit or permits (including any condition to the issuance of
the permits, such as safety training) and comply with the same), as well as
governmental agencies and authorities, for activities conducted in areas on, near or
adjacent to rail lines and/or related improvements and appurtenances (collectively,
"Applicable Laws").
2. Grantee acknowledges, understands and agrees that Applicable Laws includes
without limitation Chapter 2 of Subtitle B (Parts 200-299) of Title 49 of the Code of
Federal Regulations. Title 49 covers transportation and Chapter 2 of Subtitle B
contains Federal Railroad Administration regulations. The Federal Railroad
Administration regulations cover, without limitation, railroad police officers (Part 207),
track safety standards (Part 213), railroad workplace safety (Part 214) and bridge safety
standards (Part 237).
3. Grantee shall ensure that any Grantee Party entering the Easement Area to
perform an activity on behalf of Grantee under this grant of easement shall, prior to
entering the Easement Area, (i) attend such rail operators' safety training, (ii) obtain
such appropriate safety certification to perform the work contemplated by such party
on the Easement Area, and (iii) comply with all other requirements of Applicable Laws,
including without limitation obtaining any and all applicable permits as well as
satisfying the insurance obligations and requirements set forth in such permits.
4. Except in an emergency, in which immediate entry is prudentially required and,
then, subject to the terms set forth in Sections 5 and 6 below, Grantee shall not enter
and shall not permit any other Grantee Parties to enter the Easement Area until
Grantee has and such other Grantee Parties have complied, and unless Grantee is and
such other Grantee Parties are in compliance, with the terms of this grant of easement
and Applicable Laws, including without limitation obtaining any and all applicable
permits as well as satisfying the insurance obligations and requirements set forth in
such permits.
5. In the event of an emergency resulting from of the activities of Grantee or any
other of the Grantee Parties that threatens or endangers (a) human life or safety or (b)
operation of the SANBAG facilities, or any other improvement or appurtenance of
SANBAG, Grantee shall promptly notify SANBAG's Director of Transit and Rail
Programs, or his or her designee, by telephone at (909) 884-8276. Thereafter, Grantee
may undertake such measures as are reasonably necessary to remedy such
emergency, provided that Grantee (a) acts in good faith, (b) uses good faith
commercially reasonable efforts to remedy the emergency immediately, (c) otherwise
conforms, to the extent practicable, to the applicable provision(s) of this grant of
easement, (d) follows the reasonable directives issued by SANBAG's contact persons
with respect to such emergency work, (e) follows the reasonable directives issued by
any contact persons for any of the Transit Operators with respect to such emergency
work, and (f) complies with Applicable Laws.
6. Grantee acknowledges that SANBAG's rail lines, whether now existing or
constructed in the future, are active railroad facilities, that operators other than
SANBAG conduct rail operations on those lines, and that emergency work on or
around active railroad facilities entails extreme danger and risks to trains and railroad
personnel, emergency workers, surrounding properties and persons and the public at
large. Grantee agrees to comply with Applicable Laws, including without limitation all
federal, state and local rail operator safety requirements related to the rail lines and
railroad operations and Grantee hereby assumes all risks associated with such
emergency work and rail operations. SANBAG reserves the right (i) to change the
telephone numbers and/or contact person(s) and/or their designee(s) as listed in
Section 5 immediately above and/or (ii) to change the method of giving notice as
provided under or pursuant to said Section 5 by delivering written notice thereof to
Grantee.