HomeMy WebLinkAbout05.Q- Public Works RESOLUTION (ID#2994) DOC ID: 2994 C
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Tony Frossard M/CC Meeting Date: 04/21/2014
Prepared by: Ryan Sandoval, (909) 384-5140
Dept: Public Works Ward(s): 3
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
Execution of a Right of Entry, Possession and Use Agreement to San Bernardino Associated
Governments (SANBAG) over a Storm Drain Easement and within Assessor's Parcel No. 0136-
091-11, generally located South of Rialto Avenue and West of"G" Street. (#2994)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
None.
Background:
The San Bernardino Associated Governments (SANBAG) is in the process of acquiring
properties along the railroad right of way for the construction and operation of the Downtown
San Bernardino Passenger Rail project,which involves an approximately one-mile extension of
existing passenger rail service from the Santa Fe Depot. This will allow for the widening of the
existing railroad right of way to accommodate an additional track for service.
One of the properties SANBAG is in the process of acquiring, known as Assessor Parcel No.
0136-091-11, is located south of Rialto Avenue and west of"G" Street. The City was dedicated
an easement over this property in 1969 for storm drain purposes (construction and maintenance);
however, the easement restricts the construction of any building or structure over the easement
area. This restriction poses a problem for SANBAG since it plans to extend the railroad right of
way to build an extra track through a portion of the easement.
SANBAG proposed to have the City quitclaim a small portion of the storm drain easement to
SANBAG, and in return SANBAG would give the City a new storm drain easement over the
exact portion being quitclaimed. This will eliminate the restriction within the easement for the
area the new track is to be constructed. Once SANBAG acquires the property from the property
owner,this action can take place.
SANBAG is on schedule to complete the Downtown San Bernardino Passenger Rail Project, but
requires the ability to enter the City's easement area for any purpose related to the construction
and/or operation of the project. The attached Right of Entry, Possession and Use Agreement,
allows for SANBAG to enter the City's easement area for such purposes. Included in the
Updated:4/16/2014 by lolena E.Grider C Packet Pg. 253
2994
agreement, is the proposed Quitclaim and new Easement, which will be brought forward for
consideration once SANBAG has acquired the property.
The attached resolution authorizes the Mayor to execute the Right of Entry, Possession and Use
Agreement between the City and SANBAG. All construction cost over this portion of the storm
drain easement will be paid for by SANBAG.
City Attorney Review:
Supporting Documents:
reso 2994 (PDF)
Right of Entry and Possession Agreement Final (PDF)
Exhibits to Right of Entry Agreement (PDF)
Updated:4/16/2014 by Jolena E.Grider C Packet Pg. 254
RESOLUTION NO.
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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
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7 Donald L. Ruben, and Elsie C. Ruben, wife of Ray E. Ruben, granted an easement to the City m
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$ of San Bernardino and the City accepted said easement for the construction and maintenance Cn
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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 i
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12 Official Records; and
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WHEREAS, the San Bernardino Associated Governments (SANBAG) is in the o
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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 CD
18 purpose of constructing, operating and/or facilitating the construction and/or operation of the
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19 Downtown San Bernardino Passenger Rail Project; and N
20 WHEREAS, the easement dedicated to the City for drainage purposes is within APN a
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0136-091-11 and restricts the construction of any building or structure directly on the City's 0
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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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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 m
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APN 0136-091-11, generally located south of Rialto Avenue and west of"G" Street. A copy co
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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.
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12 SECTION 3. The authorization to execute the Agreement is rescinded if the parties
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fail to execute it within ninety (90) days of the passage of this Resolution. o
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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 meeting
7 thereof, held on the day of ,2014, by the following vote,to wit: z
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9 Council Members: AYES NAYS ABSTAIN ABSENT 3
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MARQUEZ
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11 BARRIOS
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12 VALDIVIA
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13 SHORETT °
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,. NICKEL
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16 JOHNSON
17 MULVIHILL
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Georgeann Hanna, City Clerk L
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The foregoing resolution is hereby approved this_day of , 2014.
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23 R. CAREY DAVIS, Mayor
City of San Bernardino
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25 Approved as to form:
GARY D. SAENZ,
26 City Attorney
27 By: u��
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2 EXHIBIT 661"
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4 Right of Entry, Possession and Use Agreement
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RIGHT OF ENTRY, POSSESSION AND USE AGREEMENT
THIS RIGHT OF ENTRY, POSSESSION AND USE AGREEMENT ("Agreement") is Q
made and entered into as of 2014 ("Effective Date"), by and between the z
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 3
San Bernardino, a California Municipal Corporation ("City"), with reference and respect to the
following facts and circumstances: E
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A. Jong Uk Byun and Bok Soon Byun (collectively, "Owner") own(s) that certain real a
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); w
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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, W
California, in Book 7313 at Page 717 on October 2, 1969, and a copy of which is attached to co
this Agreement as Exhibit B ("Easement").
C. SANBAG desires and seeks to enter the Property for the purposes of constructing, vt
operating and/or facilitating the construction and/or operation of the Downtown San Bernardino N
Passenger Rail Project ("Project"); N
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D. The Project involves an approximately one mile extension of existing passenger rail N
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; c
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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 E
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 Q
acquire the Transfer Portion through a condemnation action or settlement in lieu of such 0
action;
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F. SANBAG's acquisition of (the fee interest in) the Transfer Portion, whether pursuant 0
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 LU
replace the same ("New Easement"); r
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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, E
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 a
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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
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H. So, while SANBAG shall address its needs with respect to the Owner's fee interest Z
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 3
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SANBAG's grant of the New Easement.
AGREEMENT L
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NOW, THEREFORE, in consideration of (i) the foregoing recitals, (ii) the promises,
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covenants, agreements, representations, warranties, terms, provisions, conditions and/or w
restrictions contained in this Agreement, and (iii) other good and valuable consideration, the o
receipt and sufficiency of which are hereby acknowledged by each of the parties, SANBAG
and the City do hereby agree as follows:
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1. Grant of Use. Commencing on the Effective Date, the City hereby irrevocably grants a
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 N
therein (that is, the New Easement), the rights of entry, possession and use of the City's N
interest in the Transfer Portion (that is, the "Easement Area" under and/or pursuant to the New o
Easement), on the terms described below in Section 2 of this Agreement.
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~` 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. w
3. SANBAG's Right to Terminate Work. SANBAG shall have no obligation to E
commence or complete any of the Permitted Activities and/or the Project.
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4. No Cost to City. SANBAG shall bear all costs and expenses in connection with o
SANBAG's use of the Easement Area.
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5. Additional Terms. SANBAG and the City acknowledge and agree to the following a
additional terms and provisions: V
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 w
or otherwise, from Owner, including without limitation, at SANBAG's election, Owner's c
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successors and/or assigns and any person or entity claiming by, through or under Owner, L,
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 E
limitation the Easement to the extent the Easement encumbers and exists on and/or with
respect to the Transfer Portion. a
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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. a
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5.3 SANBAG shall provide evidence that it has acquired fee ownership of the N
Transfer Portion to the City by providing to the City a copy of the recorded deed, a copy of the y
recorded judgment or order in condemnation or other reasonably satisfactory evidence that 3
SANBAG has obtained fee title to the Transfer Portion.
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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, a
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. w
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5.5 Upon recordation of the Quitclaim Deed and the New Easement, this
Agreement shall terminate and be of no further force or effect. W
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5.6 SANBAG shall have the right, but not the obligation, to seek to acquire and a
acquire the Transfer Portion by condemnation.
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5.7 During the term of this Agreement, SANBAG and the City agree to abide by N
the terms and conditions stated in Exhibits "C" and "D" to the New Easement. r,
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6. Eminent Domain. By granting the irrevocable rights of entry, possession and use of 2
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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; LL
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6.2 In any eminent domain action filed by SANBAG to acquire the Transfer E
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 a
any, owed by SANBAG to the City for such taking(s); provided, however, that in the event that o
SANBAG grants the New Easement to the City, as evidenced by the recording of the same as y
contemplated by paragraph 5 above, the City acknowledges and agrees that it shall not be N
entitled to any other or further compensation and consideration; a0
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 w
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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.
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7. Parties Bound. The parties intend that this Agreement, including, without limitation, M
the right of entry, possession and use provisions set forth above, constitute a binding contract. r
In particular in this regard, the City acknowledges and agrees that it is important for SANBAG Q
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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 m
monetary damages will not be adequate to make them whole and, therefore, intend for the z
terms of this Agreement, including, without limitation, the right of entry, possession and use N
provisions, to be specifically enforceable.
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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 d
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, a
including the City's successors and assigns, that SANBAG has the full right, power and
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authority to enter into this Agreement. W
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9. Exhibits; Recitals. Each of the Exhibits attached to this Agreement are hereby 2,
incorporated into this Agreement. Similarly, each of the recitals set forth in paragraphs A W
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 N
hereunder, the prevailing party in any such action or proceeding shall be entitled to receive o
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 E
proceedings. The applicable costs, salaries, and expenses of the City Attorney and members 4)
of his office shall be considered costs, expenses, and attorneys' fees for the purposes of this a
Section 10. _
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11. Governing Law. This Agreement shall be governed by, interpreted under, and N
construed and enforced in accordance with the laws of the State of California applicable to 0
agreements made and to be performed wholly within such state. n.
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 w
in this Agreement, all exhibits referred to herein are attached hereto and are incorporated c
herein by this reference. Unless otherwise indicated, all references herein to paragraphs, s
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 M
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 a
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effect, as fully as though such invalid, illegal or unenforceable portion had never been part of
this Agreement.
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13. Number and Gender. As used in this Agreement, the neuter includes the z
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 3
amendment to this Agreement, shall be effective only if the modification or amendment is in
writing and signed by both SANBAG and the City. d
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15. Non-Waiver of Rights. No failure or delay of either party in the exercise of any right Q
given to such party hereunder shall constitute a waiver thereof unless the time specified herein Z
for exercise of such right has expired, nor shall any single or partial exercise of any right w
preclude other or further exercise thereof or of any other right. o
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 a
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.
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17. Successors and Assigns. This Agreement shall inure to the benefit of, and be
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binding upon, the parties hereto and their respective heirs, successors and assigns. o
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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 U_
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liabilities under or by reason of this Agreement. E
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19. Notices. Any notice, demand, request, approval or other communication to be given rn
by one party to the other shall be in writing (unless some other form of notice is specifically a
provided for herein) and given by personal service, facsimile, electronic mail, or express mail, o
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 N
respective addresses as follows: a
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To SANBAG: 1°
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SANBAG To City: w
1170 West 3rd Street °
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San Bernardino, CA 92410 City Manager rn
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 E
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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. SANBAG and the City, and their a
respective counsel, hereby agree that notices may be given hereunder by the parties' z
respective counsel, and that if any communication is to be given hereunder by SANBAG's or co
the City's counsel, such counsel may communicate directly with all principals, as required to
comply with the foregoing provisions.
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20. Integration of Other Agreements. This Agreement sets forth the entire contract and E
understanding of the parties with respect to the matters set forth herein and supersedes all
previous written or oral understandings, agreements, contracts, correspondence and Q
documentation with respect thereto. Any oral representations or modifications concerning this
Agreement shall be of no force or effect. w
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21. Duplicate Originals; Counterparts. This Agreement may be executed in any 2M
number of duplicate originals, all of which shall be of equal force and effect. Additionally, this W
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 N
EACH AND EVERY TERM AND PROVISION HEREOF. N
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IN WITNESS WHEREOF, this Agreement has been executed by the undersigned N
parties as of the Effective Date set forth above.
CITY: SANBAG: r
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CITY OF SANBERNARDINO, SAN BERNARDINO ASSOCIATED
a California Municipal Corporation GOVERNMENTS, a public agency existing
under the laws of the State of California, Q
acting in its capacity as the San Bernardino g
By: County Transportation Commission and the
Allen Parker, San Bernardino County Transportation o
City Manager Authority a.
By: w
Raymond W. Wolfe, —
Executive Director
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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 BOOK 7, PAGES)2 AND 2A, OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS: a
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BEGINNING AT A POINT IN'THE WEST LINE OF"G"STREET WHICH IS NORTH 314.14 FEEL �
FROM THE INTERSECTION OF THE WEST LINE OF"G"STREET AND THE NORTH LINE OF
CONGRESS STREET; 3
THENCE CONTINUING NORTH ALONG THE WEST LINE OF"G"STREET 167 FEET, MORE OR E
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 a
DEEDS,RECORDS OF SAID COUNTY; _
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THENCE SOUTH 89° 56'45"WEST ALONG SAID SOUTH LINE 638.38 FEET,MORE 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
t OF BEGINNING.
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Exhibit B
EASEMENT
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ten iiecorclett-Return to:
City Clerk's Office r. BOOK7313 PACE 717
San Bernardino, California
$3.85
F.-A, S B..ALA N,.,.T
DONALD
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(GffMKGrsntors)
FOR A VALUABLE CONSIDERATION,receipt of which in hereby acknowledged,
Do Hereby Grant to the CITY OF SAN BERNARDINO,a Municipal Corporation, ......AA...AA4AMWt_fQX..................
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.drainage and flood control purZaose3�w_int over under and across
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the real prope-t.-,to the City of San Bernardino,County of San Bernardino,State of California,described an 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
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desoribed parcel of land: E
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Those portions of Lots 2 and 3, Block 12, Rancho San Bernardino, in the 0 L_
City of San Bernardino, County of San Bernardino, State of California, CD<
as per plat recorded in Book 7 of Maps, page 2, records of said County,
described as follows:
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BEGINNING at the intersection of the North line of Congress Street and
the West line of Jot 3, Block 12, Rancho San Bernardino; thence North 0
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along said West line of Lot 3, a distance of 202.64 feet; thence East
(over) 2M
Dated ............!ePPMbT!L_Zk................................19.M.. ... .. . ....... ........____.............. Cl)
Signed in the presence of .... ... .......
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ACKNOWLEDGEMENT OF SUBSCRIBING WITNESS: ACKNOWLEDGEMENT OF GRANTOR.
STATE OF CALIFORNIA_
Ss STATE OF CALIFORNIA ....... ............
8S.
COUNTY OF (D
COUNTY OF E
.................
fart me oil .................
2 o8 a Notary Public in and for said County and State,person- before me...the-undersigned................................
—K Ity appeared a Notary Public in and for said County and State,person-
Z Z ally zLppeared..DM=.,.L,�.,.RTJBEN.,..,,JACQUEL:ENE
IL flown to me to be the person whose name is subscribed to
o: c he within instrument as a witness thereto,who being by
e duly sworn,deposed and stated that RU13EN
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............ 4.
Z known to me' It h i.S. whose names arbb- 0
> name... subscribed to said instrument, known the person.S, it
to him to be the person described in it,and that such
scribed to I u• ]tin instrument a knowledged that
person,...executed it,and that said witness subscribed his they. executed the({sent
name thereto its a witness. WITNESS to iond and offi a
WITNESS my hand and official ties], 0
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(SEAL) 4 e; r
(SEAL) 11tury Public in an on and State
Notary Public in and for said County and State t
March 9 1970
My Commission expires My Commission expires
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When recorded return to the City Clerk,
This is to certify that the interest in n•al property City Hall,San Bernardino,California.
cup yed by the withio instrument to the City or sit tierinstrument ino. California, it inuiticipal corpurativit, in hereby Space below for Recorder's use only: E
accepted by rdcr of the? City Colivil, and the grunive
consents to the rueurdutiott thertuf by its July authorized
off'
A;�7.17e C 0 U N'J";! DOGUMENTARY
,;�� ? N CALIFORNIA
CITY OF po. H�A�l 0
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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 600 19' 3S", a di.st'ance of 73.96 feet to the South line
of the Atchison, Topeka, and Santa Ise Railroad Company's right of way
as conveyed by Deed to the S&R-11irnardino Talley Railway Company, re-
corded. in Book 57 page"494 of weeds; thence lost along the South line CO
of said right of way, a distance of 30.00 feet to a point "A"; thence %W 0
Southerly along a non-tangent curve, concave Westerly and having`a m
radius of 105.00 feet, a radial line of said curve at said point being z
the ;south line of said Railroad right of,Vay; thence 5outherl.y'alvng a
said curve, through a central angle of 600 19` 3S"-a-distance of. 1.10.55 en
feet to the beginning of a reverse curve-having a radius of 75.00 feet;
thence Southwesterly along said curve thrmo h.,a central angle of 600 3
27' 22", a distance of 79.14 feet; thence South=and parallelswith'the =
West line of said Lot 2, Block 12, a distance of 119.16 feet,; thence d
West anti parallel with the Vorth line of said Coipgie'se Str6et.t a di's- m
tance of 3.00 feet; thence South and parallel with'the West lime of L
said Lots 2 and 3, Block 12, a distance of 202.64 feet to`tha'North line
of said Congress Street; thence West along said North line a distance of Q
36.00 feet to the Point of Beginning. �•
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Zhgether with a temporary construction easement which is located between w
the Easterly line of the above described parcel and a line which is -
described as follows: ..
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Commencing at point "A" hereinabove described; thence East along the
South line of said Railroad Company's right of way, a d1stance'•,of 25.00
feet to the True Point of Beginning; thence South and°parallel with the
Bast line of said Cat 2, Block 12, a distance of 60.00 feet; thence a
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._saict Railz.Qad_Company.!-&_.night
of way; thence South and parallel with thes West line of Lots 2 and 3, N
Block 12 to the North line of said Congress Street and the point of
termination. _
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The temporary construction easements as set forth above shall terminate m
upon the completion and acceptance of construction of the storm drain.
L
The Grantors herein or their successors or assigns reserve the right of Q
surface useage of the above described property for parking, storage or. 2_11
any other use and for any future private or public roadway purposes. c
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The Grantors herein or their successors or assigns are hereby restricted o
from constructing any building or structure directly on the easement. �, l
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Preparedby................................. .. „_... ......,..._ . �.
Chockedby....................................... ... ...........................,..... ....,
Location....Ptn "If" St._storm Drain bet n
Cogress St,...
File No: 15.02 221 and.A.T. & S.F. 8R.
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1 RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ACCEPTING AN EASEMENT FOR DRAINAGE AND FLOOD
CONTROL PURPOSES FROM DONALD L. RUBEN AND RAY E. RUBEN, JACQUELINE
V. RUBEN, WIFE OF DONALD, AND ELSIE C. RUBEN, WINE OF RAY G.
4 RUBEN, FOR A PORTION OF THE "H' STREET STORM DRAIN BETWEEN CONGRE& t9
STREET AND THE ATCHISON, TOPEKA AND SANTA FE RAILROAD, AND ORDERINE Q
5 PAYMENT THEREFOR IN THE AMOUNT OF THREE THOUSAND NINE HUNDRED z
SEVENTEEN DOLLARS. Q
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS: 3
0 SECTION ONE: That the City of San Bernardino does hereby m
9 accept an Easement from Donald L. Ruben and Ray E. Ruben, Jacque- t0 v
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10' line V. Ruben, wife of Donald, and Elsie C. Ruben, wife of Ray E. Q
31 Ruben, for a portion of the 'H" Street Storm Drain between
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12 Congress Street and The Atchison, Topeka and Santa Fe Railroad, to tw
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13 be used for drainage and flood control purposes, being that real 0
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14 property situated in the City of San Bernardino, County of San o:
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15 Bernardino, State of California, described as follows:
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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 Maps, page 2, records of the
County Recorder of said County v&ich lay within the N
18 following described parcel of land:
0
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- L
corded in Book 7 of Maps, page 2, records of said Q
21 County, described as follows:
22 BEGINNING at the intersection of the North line of w
"'vest Congress Street and the line of Lot 3, Block 12,
23 Rancho San Bernardino; thence North along said West 0
line of Lot 3, a distance of 202.64 feet, thence East 0
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 lane of Lot 2 of said Block 12, 0
a distance of 119.16 feet to the beginning of a tan- N
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 x
110.79 feet to the beginning of a reverse curve having w
28 a radius of 75.00 feet; thence Northerly along said
curve through a central angle of 600 19' 35', a dis-
29 tance of 78.96 feet to the South line of the Atchison, E
Topeka, and Santa Fe Railroad Company's right of way c
30 as conveyed by Deed to the San Bernardino Valley Rail-
way Company, recorded in Book 57, page 494 of Deeds; Q
31 thence East along the South line of said right of way,
�, distance of 90.00 feet to a point 'A'; thence
32 Southerly along a non-tangent curve, concave Westerly 4
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1 and having 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 600 19' 35" a dia-
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 0
600 27' 22', a distance of 79.14 feet; thence South d
5 and parallel with the West line of said Lot 2, Block z co
12, a distance of 119.16 feet; thence West and pare- Q
6 llel with the North line of said Congress Street a cn
distance of 3.00 feet; thence South and parallel with r
7 the West line of said Lots 2 and 3, Block 12, a dis- fl
tance of 202.64 feet to the North line of said Congress
8 Street; thence West along said North line a distance c
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of 36.00 feet to the Point of Beginning.
9 v
Together with a temporary construction easement which
101 is located between the Easterly line of the above
described parcel and a line which is described as
11{ follows: +,
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121 Commencing at point °A° hereinabove described; #jience W
East along the South line of said Railroad Company's o
13 right of way, a distance of 25.00 feet to the True
Point of Beginning; thence South and parallel with the i
141 East line of said Lot 2, Block 12, a distance of 80.00 1
feet; thence Southwesterly in a straight line to a
15� point which 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 a)
North line of said Congress Street and the point of N
18 termination.
19
The temporary construction easements as set forth
above shall terminate upon the completion and accept- (D
20 ance of construction of the storm drain.
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21 The Grantors herein or their successors or assigns Q
22 reserve the right of surface useage of the above de-
scribed property for parking, storage or any other a
23 use and for any future private or public roadway
purposes. o
24 The Grantors herein or their successors or assigns ar
are hereby restricted from constructing any building of
251 or structure directly on the easement. o
26 SECTION TWO: That the City of San Bernardino is hereby i ►�
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27 authorized to make payment for the herein described property in x
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28 the amount of Three Thousand Nine Hundred Seventeen Dollars
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29 ($3,917.00). E
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3011 I HEREBY CERTIFY that the foregoing resolution was duly �
'1I adopted by the Mayor and Common Council of the City of San Bernar- `t
32
ji dino at a JFZ/,7?i meeting thereof held on the
3
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mK7313 ?ACS 721
AN
1 day of era .s� 1969, by the following Tote,
2 to-wit.
3 AYES s Councilmen
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10 7he foregoing resolution is hereby approved this �//�f _ Q
11 day of f _, 1969.
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13 to C. , LARD
14 Mayor of the City of San Bernardino m
15 AppraTed as to fom:
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17 MR y— orney
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20 State of California ) d
County of San Bernardino ) SS
21 City of San Bernardino ) Q
22 I do hereby certify that the foregoing Resolution No.
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�jqd, is a full, true and correct copy of that now on file
23 ' in this office. p
24 IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of San Bernardino, this /,Ad day P
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25 of �rr�1 1969. o
27
City Cler x
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29 ` 192 ..=AT mqmn ce a=i
30 FInT pX VU -�
OCT 2 U9 At AS
31 S�A� g9QK �7 :7 PAGE? t a
32 p1AL RECURDB
S"sun-ldina Ca:zat7.c-a
15.30-87 NO FEE Rsdor
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Exhibit C
LEGAL DESCRIPTION OF TRANSFER PORTION
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LEGAL DESCRIPTION
Jong Uk and Bok Soon Byun
APN 0136-091-11
RIGHT OF WAY PARCEL SBPR44-4—Permanent Easement a
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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:
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Beginning at the intersection of the South right-of-way line of the former A.T. & S.F. E
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 a
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 w
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 W
said East line and the arc of said curve, through a central angle of 05 037'24" a distance Cn
of 10.31 feet; thence leaving said East line South 88°15'07" West 30.30 feet to a point a
?001& 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 are of said curve, through a central N
angle of 08026'15" 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°35'31" E
East 30.00 feet to the Point of Beginning. L
Said parcel contains 320 square feet, more or less.
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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 110.99993920. All bearings shown hereon are grid based o
upon the California Coordinate System, Zone 5, CCS83, (Epoch NSRS-2007). Bearings r
from reference deeds/maps may or may not be in terms of said system.
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ND 7019 A-
Exp
GARY L. HUS' DATE * . ante a-30-i4
LS 7019 o
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Exhibit D
PLAT OF TRANSFER PORTION
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LEGEND SHEET 1 OF 1
PAO. INDICATES POINT SBPR-44-4 Jong Uk and Bok Soon Byun
OF BEGINNING APP! 0136_-11
IPNDICA ENT City of San Bernardino, CA o
EASEMENT
LINE TABLE CURVE TABLE N
LINE BEARING LENGTH CURVE DELTA RADIUS I LENGTH Q
L1 S8875'07"W 30.30' C1 05'3724" 105.00' 110.31, "' m
L2 N8936'31"E 30.00' C2 0826'15" 75.00' 11.04' N
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S8271'16"[RI APN 01J6-091-11
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FIANO.Ho CAN BI�FiNARDIND 2m
��m' EASEMENT FOR DRAINAGE MS 712 C.7 A
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AND FLOOD CONTROL PURPOSES I
GRANTED TO 1HE CITY OF SAN BLOCK��� �� ' w
_ BERNARDINO PER DOCUMENT
I I RECORDED OCT. 2, 1969 IN 125 4125 a
I� BOOK 7313, PAGE 717, O.R. 41.2541.25
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GARY L. HUS,- S 7019 DATE * E P dote 6-30-14
PROJECT DESIGN CONSULTANTS amwWcAmm FCAL�F��
Planning 1 Landscape Amliftwwre I Engineering I Survey °1 a2sawl Td
maas�:o�w r«
— S A — AK —44 — 44-4--SNTI—REVI fi
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Exhibit E
QUITCLAIM DEED
[attached]
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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: a
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SANBAG a
1170 West 3rd Street,2nd Floor
San Bernardino, California 92410-1715 3
APN(s): 0136-091-11 EXEMPT FROM RECORDING FEES PER GOVT.CODE§27383 a=i
EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV.&TAX CODE§11922 E
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QUITCLAIM DEED
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FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the o
City of San Bernardino, a California Municipal Corporation ("Transferor"), does hereby
REMISE, RELEASE and forever QUITCLAIM to San Bernardino Associated Governments, W
a public agency existing under the laws of the State of California ("SANBAG"), acting as Cn
the San Bernardino County Transportation Commission and the San Bernardino County L
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 E
execution and recording of this Quitclaim Deed,the real property was the subject of an easement i
or easements in favor of Transferor pursuant to that certain Easement dated September 24, 1968, <
a
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 w
herein by this reference. Such easement is or easements, to the extent located on the property o
described in this instrument, but not otherwise, are terminated by the execution and recording of
this Quitclaim Deed. W
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IN WITNESS WHEREOF, Transferor has caused this instrument to be executed on the r
date set forth below. x
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Dated: TRANSFEROR:
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CITY OF SAN BERNARDINO, a
a California Municipal Corporation
n"r=
NOTARY ACKNOWLEDGMENT
(California All Purpose Acknowledgment)
STATE OF CALIFORNIA )
)ss. Q
COUNTY OF ) co
On , 201_ before me, , notary public,
personally appeared
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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 w
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in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
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the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. W
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I certify under PENALTY OF PERJURY under the laws of the State of California that
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the foregoing paragraph is true and correct.
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WITNESS my hand and official seal.
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Signature of Notary Public
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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 Q
County Transportation Commission and the San Bernardino County Transportation Authority m
(TRANSFEREE), the provisions of which instrument are incorporated by this reference as a
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 3
Item _, adopted on , 201_, and TRANSFEREE consents to recordation
thereof by its duly authorized officer. E
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Description/identification of real property: , San Bernardino, CA 92_ a
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Dated: o
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By:
Name: a
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Title:
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State of California }
County of San Bernardino ) as
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On 201_,before me,
Date Here Insert Name and Title of the Officer W
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Name(s)of Signer(s) t
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who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are r
subscribed to the within instrument and acknowledged to me that he/she/they executed the same Z
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument w
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 E
foregoing paragraph is true and correct.
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WITNESS my hand and official seal. a
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Mr 4 Signature of Notary Public (Seal)
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EXHIBIT A a
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TO QUITCLAIM DEED
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EXHIBIT A
LEGAL DESCRIPTION
Jong Uk and Bok Soon Byun
APN 0136-091-11 m
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RIGHT OF WAY PARCEL SBPR-44-4—Permanent Easement M
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 w
(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 89 026'30" 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 N
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 82 011'16" 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.
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Said parcel contains 320 square feet, more or less. o
Attached hereto is a plat labeled Exhibit B and by this reference made a part thereof. o
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 w
from reference deeds/maps may or may not be in terms of said system.
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N0. 7019
GARY L. HUS DATE Ew. dote 5-30-14
LS 7019
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EXHIBIT B a
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TO QUITCLAIM DEED
Map or Plat of Real Property
[APN(s): 0136-091-11]
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, EN7 EXHIM B SHEET 1 OF 1
P.OIit INDICATES POINT SWR-44-4 Jong Uk and Bok Soon Byun
OF BEGINNING APN 0136_091_1
INDICA City of San Bernarckno, CA o
PERMANENT „f1
EASEMENT _ •°
LINE TABLE CURVE TABLE N
LINE BEARING LENGTH CURVE DELTA RADIUS LENGTH a
L1 S8815'07"W 30.30' C1 05'3724" 105.00' 10.31' �" Z
L2 N89 36'31"E 30.00' C2 0876'15" 75.00' 11.04' a
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RANCHO SAN B rRNARDJN O
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BLOCK 12 w
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N89 26'30-gR)
/ EXISTING SANBAG RIGHT OF WAY
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SBPR-44-4 a
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APN 0136-091-11 I W w
FLAN CA O SAN B rRNARDJN O
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f -30' EASEMENT FOR DRAINAGE ms 7/2 N
AND FLOOD CONTROL PURPOSES I Z
I GRANTED TO THE CITY OF SAN '
_ I S BERNARDINO PER DOCUMENT BLOCK 12 W
RECORDED OCT 2, 1969 IN
BOOK 7313, PAGE 717, O.R. 1.25 L25 E
cG N0. 7019
GARY L. HUS, L.S 7019 DA 7E date 6-30-14
PROJECT DESIGN CONSULTANTS eapcAwm �r OFCAi.I�
Planning I Landampe Architecture I BVIneering I Survey °10�°R1 Tel
erezytAO RK
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EXHIBIT C z
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TO QUITCLAIM DEED
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Easement
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[APN(s): 0136-091-111
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aen ttecorgect Return to: r� c� Q.c
City Clerk's Office BOOK f'7 313 FACE 7�7 17
San Bernardino, California
$3.85 tl
.. . ...........
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UAN I,T) "_.2 _i d..RAY... .. RUBFt!I, JACQUELINE Y RUBEN, wife.,.P .. S?1�i d,,,.
....and EL ....... }.i
(GiflaxWKGrantors)
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,
Do........Hereby Grant to the CITY OF SAN BERNARDINO,a Municipal Corporation,
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.,drainage...and.flood control purposes. »in, over, under and across <
.......... .........
the real prope*t••In the City of San Bernardino,County of San Bernardino,State of California,described as follows- �
That portion of the North 166.86 feet of Lot 2, Block 12, Rancho San 3
Bernardino as per plat thereof recorded in Book 7 of Maps, page 2, records
of the County Recorder of said County which lay within the following
desoribed parcel of land: E
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Those portions of Lots 2 and 3, Block 12, Rancho San Bernardino, in the
City of San Bernardino, County of San Bernardino, State of California, °1
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as per plat recorded in Book 7 of Maps, page 2, records of said County,
described as follows:
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BEGINNING at the intersection of the North line of Congress Street and a
the West line of Lot 3, Block 12, Rancho San Bernardino; thence North
along said West line of Lot 3, a distance of 202.64 feet; thence Fast
(over) •-
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Dated............_-September_24 6$ fA
Signed In the presenee of �
ACKNOWLEDGEMENT OF SUBSCRIBING WITNESS: ACKNOWLEDGEMENT OF GRANTOR:
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STATE OF CALIFORNIA, .................... ........_...
.._.. `
SS. STATE OF CALIFORNIA................................................SS. _
COUNTY OF d
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COUNTY Op, .............................. E
s me On October 2 � 1� al
for _.._........................, m
ZS f38 a Notary Public in and for said County and State before me. the undersignead,,........................
person- ak
iii p K fly appeared a Notary Public in and for said County and State,person- Q
a a z noun to me to be the ally appeared.,DON=..,L.-.,RC�BEN .�,s,.G=LTNR �,
person whose name is subscribed to i
he within instrument as a witness thereto,who,being by •.RUBEI+t*"' � axtd ELSI •.,(''-•
zo e duly sworn,deposed and stated that.. .... RU' N ........................N W
> whose name.,. subscribed to said instrument,known known to me't be'the person.3 whose?Hanle.$ ar&b- w
him to be the person.. described in it,and that such
scribed to dr 4t•thin instrument n acknowledged that
person....executed it,and that said witness subscribed his they.. .......:� executed ih sore
Warne thereto ifs a witness. WITNESS en fuind and III [a f
WITNESS my hand and official seal, /.9,.(SEAL) (SEAL) 'et f 5°. "lacy Publie in and for sun�and State Notary Public in snd far said County and State My Commission expires...... :.,......,......... lily Commission expires......March ................:... K
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When recorded return to the City Clerk,
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This is to rartify ilfat tht,. interest in tool property City Hall,San Bernardino,California. _
conveyed by cite withue instrument to the City of San Ber-
nardino, Claliforoia, a municipal rrparation, is hereby, Space below for Recorder's use only:
accepted by wiler of the City C'€,utrrit, and the granh•e y0
consents to the rrcorrlutlon thereof by its duly authorised
officer. t3
Dated...
COUNT' ,
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CITY or kit'. } INO �y o GP,i�foBNIA Dccu A r�RY Q
By/ ics tC ...- tl r ¢0 N r
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BOCK7�� l PAGE 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 600 271 22", a
distance of 110.79 feet to the Beginning o : a reverse curve having a
radius of 75.00 feet; thence Northerly along said curve through a cen-
tral angle of 600 IV 35", a distance of 74._96 feet to the South line
of the Atchison, Topeka, and Sant-4 lie Ailroead Company's right of way
as conveyed by Deed to the San'-Bernardino )!alley Railway Company, re-
corded in Book 57, I1age`494 of -'Deeds; thenoo last along the South line 2V Q
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 CO
radius of 105.00 feet, a radial line of said curve at said point being z
the South line of said railroad right of aay; thencm Southerly along Q
said curve, through a central angle of 600 19' 3S"'-a-distance of 110.55
feet to the beginning of a reverse cuxve-hr4ving a radius of 75.00 feet;
thence Southwesterly along said curve through„a central angle of, 600 3
27' 22", a distance of 79.14 feet; thence South•- and paral`l`el'•with;the
West line of said Lot 2, Block 12, a distance of 119.16 feet,; thence v
West and parallel with the North line of said Cidugie'ss Street;a di's- E
tance of 3.00 feet; thence South and parallel with`the West Aize of W
said Lots 2 and 3, Block 12, a distance of 202.54 feet to 'the..`North line Q
of said Congress Street; thence West along' said North line a distance of
36.00 feet to the Point of Beginning.
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Together with a temporary construction easement which is located between w
the Easterly line of the above described parcel and a line which is o
described as follows:
Commencing at point 'A" hereinabove described; thence Fast along the
South line of said Railroad Company's right of way, a distance`,of 25.00 CO
feet to the True kint of Beginning; thence South and- parallel with the
East line of said Lot 2, Block 12, a distance of 60.00 feet; tAonce a
Southwesterly in a straight line to a. point which is 80.00 feet East of e=
and measured at right ttnc;le& to the vest lane of said Lot 2 and which
is 166.86 feet South. of the South line of said R&ilx ny.�s..xight �rn
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 04
termination.
The temporary construction easements as set forth above shall terminate E
upon the completion and acceptance of construction of the storm drain. L
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The Grantors herein or their successors or assigns reserve the right of <t
surface useage of the above described property for parking, storage or. �+
any other use and for any future private or public roadway purposes. _
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The Grantors herein or their successors or assigns are hereby restricted o
from constructing any building or structure directly on the easement. / � , l
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Prepared by............r.....:. .........._,»
Checkedby._............... ................:........................................................
r Location.. 1?tn "li.. St. ..Aorm Drain bet. Congresa .5t._and, A.T. & S.F. R12 ...................
File No; 15.02-221
Packet Pg. 286
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Bo%7"31`3 rw 719
1
&ESOLUTION NO.
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 E. RUBEN, JACQUELINE
V. RUBEN, WIFE OF DONALD, AND ELSIE C. RUBEN, WIFE OF RAY w.
4 RUBEN, FOR A PGtTION OF THE 'H' STREET STORM DRAIN BETWEEN CONOZESE
STREET AND THE ATCHISON, TOPEKA. AND SANTA FE RAILROAD, AND ORDERI Q
5 PAYMENT THEREFOR IN THE AMOUNT OF THREE THOUSAND NINE HUNDRED Z
SEVENTEEN DOLLARS. Q
6 BE IT RESOLVED BY THE MAYOR AND COITION COUNCIL OF THE �
7 CITY OF SAN BERNARDINO AS FOLLOWS:
g SECTION ONE: That the City of San Bernardino does hereby C
9 accept an Easement from Donald L. Ruben and .Ray E. Ruben, Jacque- tD 0)
a:
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 '
C
12 Congress Street and The Atchison, 1bpeka and Santa Fe Railroad, to w
4-
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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:
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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 Maps, page 2, records of the rn
County Recorder of said County which lay within the a
18 following described parcel of land:
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19 Those portions of Lots 2 and 3, Block 12, Rancho San a)
Bernardino, in the City of San Bernardino, County of E
20 San Bernardi no, State of California, as per plat re- a�0i
corded in Book 7 of Maps, page 2, records of said c
21 County, described as follows:
22 BEGINNING at the intersection of the North line of C
Congress Street and the West line of Lot 3, Block 12, w
23 Rancho San Bernardino; thence North along said West —
line of Lot 3, a distance of 202.64 feet; thence East *r
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, 0
a distance of 119.16 feet to the beginning of a tan-
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26 gent curve, concave Southeasterly and having a radius
of 105.00 feet; thence Northeasterly along said curve Z
27 through a central angle of 600 27' 22', a distance of
110.79 feet to the beginning of a reverse curve having w
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28
a radius of 75.00 feet; thence Northerly along said
curve through a central angle of 600 19" 35', a dis-
29 tance of 78.96 feet to the South line of the Atchison, E
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, Q
a distance of 30.00 feet to a point 'A'; thence
32 Southerly along a non-tangent curve, concave Westerly
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Packet Pg. 287
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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 600 19' 35' a dis-
c 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 C9
600 27' 22', a distance of 79.14 feet; thence South m
5 and parallel with the West line of said Lot 2, Block z
12, a distance of 119.16 feet; thence West and para- Q
6 llel 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 dis-
tance of 202,64 feet to the North line of said Congress
8 Street; thence West along said North line a distance
9 � of 36.00 feet to the Point of Beginning. E
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Together with a temporary construction easement which
10 � is located between the Easterly line of the above Q
described parcel and a line which is described as
11 follows: _
12 Commencing at point 'A' hereinabove described; #fence 4-
East along the South line of said Railroad Company's
13 right of way, a distance of 25.00 feet to the True Z
Point of Beginning; thence South and parallel with the 1
14 East line of said Lot 2, Block 12, a distance of 60.00
feet; thence Southwesterly in a straight line to a
15i point which is 80.00 feet Fast of and measured at
right angles to the West line of said Lot 2 and which a
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 a,
North line of said Congress Street and the point of N
18 termination.
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19 The temporary construction easements as set forth E
above shall terminate upon the completion and accept-
20 ance of construction of the storm drain. L
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211 The Grantors herein or their successors or assigns d
reserve the right of surface ussage of the above de- '
22 scribed property for parking, storage or any other w
23 use and for any future private or public roadway
purposes. 0
24 The Grantors herein or their successors or assigns a)
are hereby restricted from constructing any building W
25 or structure directly on the easement. o
26 C
SECTION TWO: That the City of San Bernardino is hereby 1 -2
27 authorized to make payment for the herein described property in x
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28 the amount of Three Thousand Nine Hundred Seventeen Dollars
29 ($3,917.00)• E
311 I HEREBY CERTIFY that the foregoing resolution was duly
'l ) adopted by the Mayor and Common Council of the City of San Bernat- Q
32 dino at a meeting thereof held on the
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Packet Pg. 288
b0D0313- PAO-91
e following rote
1 day of ��� , 1969, by tkt 11 ng
2 to-wit:
3 AYES: Councilmen�G�-'��-�P -
4
5 NOES:_„/� Z
6 ABSENT:
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JACK T, FELTON
9 City Cler
10 The foregoing resolution is hereby approved this
11 day of &�=Zeal 1969. '
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13 AL C 6L.LARL2 a:
14 Mayor of the City of San Bernardino
15 Approved as to foam:
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16
:a.ALPH 11 FFJNCE .�
17 City REtorney
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18 ...
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19
20 State of California )
County of San Bernardino } SS Q
21 City of San Bernardino )
22 I do hereby certify that the foregoing Resolution No. c
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Q� is a full, true and correct copy of that now on file W
23 in this office. o
24 IN WITNESS WHEREOF, I have hereunto set my hand and
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affixed the seal of the City of San Bernardino, this / r day W
25 of _4y I& 1969.
26
27 x
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City Clerk w
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29 192 oo�AT=w=ae E
30
ftRV AMOOK MU �
31 S�R� g�c7111 A E I JUL
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32 11 OF"F�AL RFfit RM
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15.30-87 „ NO FEE 3
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Exhibit F
NEW EASEMENT
[attached]
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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
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Pm.of APN: 0136-091-11 d
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THIS DOCUMENT IS EXEMPT FROM
DOCUMENTARY TRANSFER TAX PURSUANT TO d
SECTION 11922 OF THE CALIFORNIA REVENUE L
AND TAXATION CODE AND SUBJECT TO FREE Q
RECORDING PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 6103 w
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GRANT OF EASEMENT
o:
For valuable consideration, receipt of which is hereby acknowledged, THE SAN
BERNARDINO ASSOCIATED GOVERNMENTS, acting in its capacities as THE SAN ..Nt
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- E
exclusive subsurface easement for drainage and flood control purposes, including the
construction, maintenance, use, operation, inspection, repair and reconstruction of a 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 w
reconstructed (collectively, the "Facility"), under that certain real property in the City o
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 it
herein by this reference ("Subsurface Easement Area" or "Easement Area"). The o
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, w
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. a
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.
Packet Pg. 291
Dated:
GRANTOR:
SAN BERNARDINO ASSOCIATED GOVERNMENTS,
acting in its capacities as THE SAN BERNARDINO
COUNTY TRANSPORTATION COMMISSION and
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THE SAN BERNARDINO COUNTY z
TRANSPORTATION AUTHORITY, Public agencies <
existing under the authority of the Laws of the State of
California 3
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BY: a
E.Jahn,Chairperson
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ITS: Chair of the Board of Directors
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ALL-PURPOSE ACKNOWLEDGMENT
STATE OF }
SS a
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COUNTY OF }
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On 20_before me, E
a Notary Public, personally appeared , who proved to me on the W
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to a
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 w
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. n
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WITNESS my hand and official seal. NT
Signature:
(Signature of Notary Public) E
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Commission
Commission Expiration: a
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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. Q
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CITY OF SAN BERNARDINO
By:
City Clerk
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Date: Q
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EXHIBIT "A" TO GRANT OF EASEMENT
Description of Easement Area
(Attached)
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EXHIBIT A
LEGAL DESCRIPTION
Jong Uk and Bok Soon Byun
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APN 0136-091-11 a
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RIGHT OF WAY PARCEL SBPR44-4—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 E
Maps, in the Office of the County Recorder of said County, described as follows:
a
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 w
(SANBAG) per Document No. 93-137041, recorded March 29, 1993 in the Office of the o
County Recorder of said County, with the East line of a 30 foot wide Easement for LM
Drainage and Flood Control purposes granted to the City of San Bernardino per M
document recorded October 2, 1969 in Book 7313, Page 717 of Official Records of said Cn
County, also being the beginning of a 105.00 foot radius curve concave to the West, a 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 a)
of 10.31 feet; thence leaving said East line South 88 015'07" 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 82 011'16" East; E
thence Northeasterly along said West line and the are of said curve, through a central
angle of 08 026'15" a distance of 11.04 feet to a point on said South right-of-way line; a
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. _
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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 s
upon the California Coordinate System, Zone 5, CCS83, (Epoch NSRS-2007). Bearings w
from reference deeds/maps may or may not be in terms of said system.
°
E
10 LAND
NO. 7019
GARY L. HU DATE Exp. dote 6-30-14
''` LS 7019
NNW OFCA1. '
PAGE 1 OF 1
P:\3833\SURVEY—BNDRY\SURVEY-.DWG\PLATS\RailRoad RW-takes\SBPR-44\3833-SBPR-44-4-revised.doc
Packet Pg. 296
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EXHIBIT "B" TOG ANT OF EASEMENT
Plat
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LEGEND EXHIBrr B SHEET 1 OF 1
P.m INDICA7ES POINT SBPR-44-4 Jong Uk and Bok Soon Byun
OF BEGINNING APN 0136-091-1
INDICA7ES Cfty of San Bernardo, CA d
PERMANENT
EASEMENT
LINE TABLE CURVE TABLE
LINE BEARING LENGTH CURVE DELTA I RADIUS LENGTH t�
L 1 S8875'07"W 30.30' C1 05'3724" 105.00' 10.31' �' m
L2 N89'36'3f"E 30.00' C2 0826'15" 75.00' 11.04' a
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RANCHO SAN BE�FiNARDIND
� r -30' EASEMENT FOR DRAINAGE NIB 712 �
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AND FLOOD CON7ROL PURPOSES 1
I ( GRANTED TO 7HE CITY OF SAN
I BERNARDINO PER DOCUMENT
BLOCK 12
— I I RECORDED OCT. 2, 1969 IN w
BOOK 7313, PAGE 717, O.R. 1.25 1.25
{ �� SAND _
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GARY L. HUS, C- S. 7019 DATE * Pr date 6-30-14
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5.Q.
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 a
materially or adversely affect Grantor's use of the Grantor Property. a
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2. Subordinate Rights. Grantee's rights are subject and subordinate to the prior and w
continuing rights and obligations of Grantor, its successors, assigns, licensees and 3
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, w
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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 E
easement.
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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 w
transit and/or passenger or freight railroad purposes, that may include rail lines, tracks or o
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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 it
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 Q
(which shall be included in "Transit Facilities" as defined herein), (iii) any persons x
employed, retained or engaged by Grantor or any Operator for that purpose, or for the w
purpose of maintaining, repairing, restoring or reconstructing any of the Transit Facilities, C
and/or (iv) Grantor's successors, assigns, licensees, and permittees (items (i) through E
(iv) above are hereinafter, collectively, referred to as the "Transit Operators"), and all R
equipment and improvements related to the construction, maintenance or operation of a
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,
Packet Pg. 299
5.Q.c
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.
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4. Maintenance and Repair. Subject to the terms of Section 5 immediately a
following this Section 4, Grantee, at Grantee's sole expense, shalt maintain the u,
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 Q
Grantor Property, including without limitation the Transit Facilities or other improvements CD
or fixtures, suffers damage by reason of the access to or use of the Easement Area by M
Grantee or its officers, directors, agents, representatives, employees, visitors, invitees, a
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 !LU
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 W
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 a
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indentations, as well as of any mounds or other inclines created by any
excavation by Grantee or other Grantee Parties. N
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) E
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 w
protective structure, whether or not its location is wholly within the Easement Area or 0
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 s
Pipe to the extent resulting from Grantor's construction, operation, maintenance, repair x
or use of the Transit Facilities shall be the responsibility of Grantor.
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EXHIBIT "D" TO GRANT OF EASEMENT (SANBAG FACILITIES)
SANBAG Facilities and Rail Right of Way Additional Requirements
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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 0
Easement of which this Exhibit "M is a part, including Exhibit "C" above. Grantee and 3
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:
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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, w
rules and regulations, as well as any and all applicable procedures and requirements of o
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 it
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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,
0 "Applicable Laws"). N
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 E
Federal Regulations. Title 49 covers transportation and Chapter 2 of Subtitle B P
contains Federal Railroad Administration regulations. The Federal Railroad a
Administration regulations cover, without limitation, railroad police officers (Part 207), ?-1
track safety standards (Part 213), railroad workplace safety (Part 214) and bridge safety w
standards (Part 237). o
3. Grantee shall ensure that any Grantee Party entering the Easement Area to W
perform an activity on behalf of Grantee under this grant of easement shall, prior to 0
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, w
including without limitation obtaining any and all applicable permits as well as
satisfying the insurance obligations and requirements set forth in such permits. E
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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 a
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.
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5.Q.c
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 m
emergency, provided that Grantee (a) acts in good faith, (b) uses good faith a
commercially reasonable efforts to remedy the emergency immediately, (c) otherwise
conforms, to the extent practicable, to the applicable provision(s) of this grant of 3
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. a
6. Grantee acknowledges that SANBAG's rail lines, whether now existing or w
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 it
personnel, emergency workers, surrounding properties and persons and the public at W
large. Grantee agrees to comply with Applicable Laws, including without limitation all a
federal, state and local rail operator safety requirements related to the rail lines and
0 railroad operations and Grantee hereby assumes all risks associated with such
emergency work and rail operations. SANBAG reserves the right (i) to change the N
telephone numbers and/or contact person(s) and/or their designee(s) as listed in w
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. a
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