HomeMy WebLinkAbout2014-323 1 RESOLUTION NO. 2014-323
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF A QUITCLAIM
3 DEED FROM CALMAT CO., FOR CERTAIN STORM DRAIN EASEMENTS
4 LOCATED IN THE VICINITY OF INSTITUTION ROAD AND CAJON
BOULEVARD (CAJON CREEK AREA) .
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
6 THE CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The City Clerk is hereby authorized and directed to accept that certain
8 Quitclaim Deed from CALMAT Co., a copy of which is attached hereto as Attachment "1"
9
10 and made a part hereof, for storm drain easements generally located in the vicinity of
11 Institution Road and Cajon Boulevard, and more fully described in said Quitclaim Deed.
12 SECTION 2. Said Quitclaim Deed is accepted subject to the conditions set forth in
13 those certain easement documents granted to CALMAT Co. from the San Bernardino County
14
Flood Control District, copies of which are attached as Exhibit "1" and Exhibit "2" of said
15
Attachment "1" (Quitclaim Deed), and made a part hereof.
16
17 SECTION 3. The City Clerk shall file a copy of said Quitclaim Deed, or cause a copy
18 to be filed with the San Bernardino County Recorder's Office.
19
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21 111
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2014-323
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF A QUITCLAIM
2 DEED FROM CALMAT CO., FOR CERTAIN STORM DRAIN EASEMENTS
LOCATED IN THE VICINITY OF INSTITUTION ROAD AND CAJON
3 BOULEVARD (CAJON CREEK AREA).
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5
6 and Common Council of the City of San Bernardino at a joint regular meeting
7 thereof, held on the 18th day of August , 2014, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9
MARQUEZ X
10
11 BARRIOS x
12 VALDIVIA X
13 SHORETT X
14 NICKEL X
15
JOHNSON X
16
17 MULVIHILL X
18
19 Georgea anna, Ci Clerk
20 ;2e ------day The foregoing resolution is hereby approved this y of Au:ust , 2014.
21
2
22
R. CAREY AVIS, Mayor
23 City of San Bernardino
24 Approved as to form:
25 GARY D. SAENZ,
City Attorney
26
27 By: rJL-u -%-e---
28
2014-323
Recorded In Official Records,County of San Bernardino 9/21/2014
DENNIS DRAEGER 4.22 PM
�` NC
, ' c3.:' ASSESSOR — RECORDER — CLERK
P Counter
RECORDING REQUESTED BY Doc#:
.
2014-0304758 Titles: 1 Pages: 22
City of San Bernardino Fees O.ee
Taxes 0.00
WHEN RECORDED MAIL TO: Other 0.00
City of San Bernardino PAID $0.00
City Clerk
300 N. "D"St.
San Bernardino,CA 92415
APN: 0262-51-33
File No. 15.04-152
(Cajon Creek)
(Space Above This Line For Recorder's Use)
FEE EXEMPT PURSUANT TO
GOV.CODE SECTION 27383
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CALMAT
CO., A Delaware Corporation, does hereby REMISE, RELEASE AND FOREVER
QUITCLAIM to the CITY OF SAN BERNARDINO, a municipal corporation, all rights and
interests acquired as set forth in easement Document No. 2014-0213962, recorded on June 13,
2014, and in easement Document No. 2014-0213963 recorded on June 13, 2014, both in the
office of the San Bernardino County Recorder, State of California, in the real property located
in the City of San Bernardino, said County and State, as described therein, and more particularly
described as follows:
ATTACHED HERETO AS EXHIBIT "1" AND MADE A PART HEREOF IS THE EASEMENT
RECORDED ON JUNE 13, 2014 AS DOCUMENT NO. 2014-0213962 AND ATTACHED
HERETO AS EXHIBIT "2" AND MADE A PART HEROF IS THE EASEMENT RECORDED
ON JUNE 13,2014 AS DOCUMENT NO.2014-0213963.
DATE: 47 i/j 020/V
f j CALMAT CO., a Delaware corporation
. /.."-*
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By: , , V.
Print Name: ,f3R/40 A • IcERtel 5
Its: II(CE j212457 I'En
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V237-016-1348053,.1
2014-323
ACKNOWLEDGEMENT OF GRANTOR(S):
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
On July 11, 2014 }before me, Karen Shields Clark, Notary Public
(insert name and title of the officer)
personally appeared Brian W. Ferris , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s),or entity upon behalf of which the person(s) acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California, that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Y FJM fi
KAREN SHIELDS CLARK
A 4 /,,, , (Seal) Commission#1954564
>wr "-, , Notary Public-California
}!► Los Angeles County -•
M Comm.Expires Oct 28,2015
2
V237416-0480531
2014-323
CERTIFICATE OF ACCEPTANCE
This is to certify that the interests in real property contained in the easements conveyed by the
within instnunent to the City of San Bernardino ("City") are hereby accepted and the obligations
contained in such easements are hereby assumed and undertaken to be performed by the City, by
order of the Mayor and Common Council on the date below and the City consents to the
recordation thereof by its duly authorized officer.
CITY OF SAN BERNARDINO,
a municipal corporation
&i (;Lf�
V4-' -.� ,��' F .� .
Date: if vZO//
3
V237.018:.-1141063
2014-323
EASEMENT
EXHIBIT 1
V237-0I6--134X053.1
2014-323
Electronically Recorded in Official Records,County of San Bernardino 12:09 611 312 61 4
PM
DENNIS DRAEGER EM
,
RECORDING REQUESTED BY �-`'
ASSESSOR-RECORDER-CLERK
,,�'
ttac't 179IC95 k"r h L _
629 Chicago Title Company
Calmat Co. Doc#: 2014-0213962 Titles: i Pages: 9
500 N.Brand Blvd.Ste 500 I Fees 52.00
Glendale CA 91203-3319 111111 1111111 11111 Taxes 121.55 00
PAID 173.55
WHEN RECORDED MAIL TO: •
SAME AS ABOVE
Project: Cajon Creek D.P.No.: 2.200/121 a&b
System No.:2.201 EASEM ENT APN: 0262-051-33(Ptn.)
Parcel No.:136 Date: April 15,2014
Dept.Code: 11600
b .-pi. miss-
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, a body corporate
and politic, hereinafter referred to as Grantor, do(es) hereby grant to,
CALMAT Co., a Delaware corporation, its successors and assigns, hereinafter
referred to as Grantee,
a perpetual non-exclusive easement for aboveground and underground water
drainage systems and water conservation purposes, together with appurtenant
surface structures in, under, upon, over and across the following parcel of land,
hereinafter referred to as Property, described as follows:
"A", " ..
see Exhibit legal description and Exhibit"B" plat, attached hereto and made
a part hereof,
The easements herein granted shall include:
the right to construct, reconstruct, inspect, operate, maintain and repair flood
control drainage and water conservation works and appurtenant structures,
including, but not limited to, inlets, laterals, manholes, pipelines, and conduits for
the purpose of collecting and conveying waters; the right to enter upon and pass
and repass over and along the surface of said land during the construction,
reconstruction, or repair of the said works; the right to deposit tools, implements
and other materials therein and thereon and to take therefrom and/or place
thereon earth, rock, sand, and gravel for the purpose of construction, maintenance,
and repair of said drainage and water conservation works; the right to enter and
pass and repass along and through said flood control works at any time and from
time to time for purposes of inspection.
Page 1 of 4
Description: San Bernardino,CA Document-Year.DocID 2014.213962 Page: 2 of 9
Order: 22724 Comment:
2014-323
This easement is granted subject to the following terms and conditions:
1. It is subject to the Grantor's paramount right to use the Property, and
the Grantor reserves to itself and its successors and assigns a continuing right to
use and make improvements to the Property; provided however, that Grantor's
improvements do not interfere with Grantee's use
2. Grantee shall submit in advance, all plans for installation, construction or
reconstruction of Grantee's facilities to Grantor for review and approval, and
Grantee shall obtain a permit from the Grantor prior to the commencement of any
such improvements.
3. Grantor may temporarily close off the Property (or portions thereof) to
Grantee (which includes Grantee's respective employees, agents, contractors and
invitees) at any time and for any reason, but shall give Grantee at least 48 hours
prior notice of any planned closure to the extent reasonably possible.
Notwithstanding the foregoing, Grantor agrees not to close off the Property (or
portions thereof) to Grantee for more time than is reasonably necessary to
complete any required maintenance or repairs to the Grantor's facilities.
Grantee shall not change the existing grade or otherwise modify the
topography of Property affected by this easement without the prior written
consent of Grantor.
5. Grantee shall not park vehicles within the Property, nor permit any
portion of the Property to be blocked off or obstructed in any manner (except
during periods of construction and/or maintenance). Grantor shall at all times have
free and clear access through and over the Property (except during periods of
construction and/or maintenance) for vehicular traffic. Grantee shall provide a
means to allow Grantor to place its lock(s) on any gates constructed hereon.
6. Grantee shall at all times, and at its sole cost and expense, maintain the
Property and all improvements constructed by Grantee thereon by Grantee in
good condition and repair. Grantee shall be responsible for any damage caused by
its use of the Property, as well as the use of the Property by Grantee's
respective employees, agents, contractors and invitees, and Grantee shall
promptly repair all such damage at its expense.
7. This easement may only be used by the Grantee, its successors and
assigns, and their respective employees, agents, contractors, and Invitees. In that
regard, Grantor acknowledges that Grantee intends to transfer its rights and
obligations to the City of San Bernardino and approves such transfer.
Page 2 of 4
Description: San Bernardino,CA Document-Year.DocID 2014.213962 Page: 2 of 9
Order: 22724 Comment:
2014-323
8. Grantor acquired the Property in fee for its existing facility and/or
future appurtenances. Any additional costs incurred for construction,
reconstruction, maintenance, and use of the existing and/or future facilities and
appurtenances on Property and/or Grantor's adjacent property attributable to the
presence of Grantee's improvements shall be borne solely by Grantee. In the
event that it will be necessary for Grantee's facilities to be relocated or protected
as a consequence of the Grantor's use of the Property, Grantee shall bear all
related costs.
9. Any subterranean storm drain facilities constructed by or on behalf of
Grantee shall be designed and constructed underground meeting all applicable
standards to allow vehicles meeting a minimum of H 20 wheel loading to travel over
and across the stormdrain without causing any damage to the storm drain or the
Property. Grantor shall not be responsible for any damage to the storm drain
caused by vehicles or equipment traveling over and across the storm drain.
10. Grantor may grant other non-exclusive easements, leases, licenses and
permits over the Property (or portions thereof) for the benefit of other entities not
parties to this grant; provided, however, that such easements, leases, licenses and
permits over the Property (or portions thereof) do not interfere with Grantee's use.
Grantor shall give Grantee prior notice of contemplated new uses of the Property,
receive and consider Grantee comments thereto, and to coordinate any new uses
with Grantee.
11. Grantor shall not be required to contribute any part of the costs of
improvements on the Property, and furthermore, if Grantor is included in an
assessment district to pay such costs, Grantee shall reimburse Grantor for any
assessment therefore levied upon it.
12. Grantee shall be responsible for securing and maintaining all necessary
permits and approvals from other appropriate local, state and federal agencies for
its use of the Property, and Grantee shall comply with all applicable laws and
regulations concerning its use of the Property.
13. In the event of abandonment by Grantee of the rights granted herein,
they shall terminate, and Grantee shall thereupon, without cost to Grantor,
restore Property to a condition as near as possible to that which existed prior to
Grantee occupancy, and deliver to Grantor a quitclaim of such rights. Non-use for
a period of three years shall constitute conclusive evidence of such abandonment.
14. This easement is granted subject to all permits, agreements, licenses,
leases, easements, reservations, restrictions, conditions, covenants, encumbrances,
liens and claims of title which may affect said Property, including, but not limited
to, environmental restrictions and restrictive covenants. The use of the word
Page 3 of 4
Description: San Bernardino,CA Document-Year.DocID 2024.213962 Page: 3 of 9
Order: 22724 Comment:
2014-323
"grant" herein shall not imply any warranty on the part of the Grantor with respect
to the Property.
15. Grantee agrees to indemnify, defend (with counsel reasonably
approved by Grantor) and hold harmless the Grantor and its authorized officers,
employees, agents and volunteers (individually "Indemnified Party" and collectively
"Indemnified Parties") from any and all claims, actions, losses, damages, and/or
liability arising out of Grantee's use of the Property pursuant to this grant of
easement from any cause whatsoever, including the acts, errors or omissions of
any person and for any costs or expenses incurred by Grantor on account of any
claim except where such indemnification is prohibited by law. This indemnification
provision shall apply regardless of the existence or degree of fault of indemnitees.
The Grantee's indemnification obligation applies to the Grantor's "active" as well
as "passive" negligence but does not apply to the "sole negligence" or "willful
misconduct" of an Indemnified Party or Indemnified Parties, as the case may be, ?,
within the meaning of Civil Code Section 2782.
16. To the actual knowledge of the Grantor, the Property is not
contaminated with hazardous materials or hazardous substances, within the
meaning of the law.
IN WITNESS WHEREOF Grantor and Grantee have executed this Easement
the day and year written below and have agreed to be bound by the terms and
provisions hereof.
G•_ • sR:
By:
0/-*---)--At•
Name: j nice Rutherford
Title: Chair, Board of Supervisors
Date:
Page 4 of 4
Description: San Bernardinc,CA Document-Year.DocID 2014.213962 Page: 4 of 9
Order: 22724 Comment:
2014-323
Township Work Order No.
Road Name Parcel No.(s)
Project Name A.P.N.(s)
CALIFORNIA All-PIRPOSE ACKNOWLEDGMENT
•
State of CA 1t Y'Vll\ -
County of h, avrY.A0,,c1 OND On q .-2-z-1 before me, lest 1 re" G Y i d, 'y No+a Yy f e,4�/C
DATE NOTARY PUSUCHAMM°ITU k OFFICER
personally appeared TAM(4- ) "►r tb r- '
rw. ts1 Of SIGNEROS1
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)
acted,executed the instrument.
I certify under PENAL r i � t State of California that the foregoing paragraph is true ,
,
and correct. •.cam . e Notary Public-California
:10r, San Bernardino County � ii LEANNA MAtll l hr)N A.,
WITNESS my hand and ,is rl , .. Jn25 2017 ,, Commission M 2031045
t
•': °. }+
Notary Public-California i
,` '*x,;l San Bernardino County
Ari '1,j COMM.t iris dun 25 2017
1.soimUI E Ise.
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner— Limited 0 General
Partner— ❑ Limited ❑ General ❑ ❑
❑ Attorney-In-Fact ❑ Attorney-In-Fact
❑ ❑ —MOM'n1ut+lSPfUtf^
Trustee ore1 Trustee OF SIONOR
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here❑ Other: 0 Other:
Signer Is Representing: Signer Is Representing:
Description: San Bernardino,CA Document-Year.DocID 2014.213962 Page: 5 of 9
Order: 22724 Comment:
2014-323
GOVERNMENT CODE 27361.7
I certify under penalty of perjury that the notary seal on the document to which this statement is
attached reads as follows: `` ,�,,�� ��yy
Name of Notary : Leant��c& Netbci KUtoc4y
Notary Identification Number : L O f.-6 ' O
County Where;Bond Is Filed g€0\00114 C(n
Date Commission Exp • vr1�2 12.o �7
Place of Execution $G./L- 6-erYtotrd'
DATE: / /{ T'
SPL, INC Signature
State of CALIFORNIA
County of
On before me, NOTARY PUBLIC personally appeared, , who proved to
me on the basis of satisfactory evidence to be the person (s)whose name (s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her their
authorized capacity (ies), and that by his/her/their signature (s) on the instrument the person (s), or the
entity upon behalf of which the person (s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
I CERTIFY UNDER PENALTY OF PERJURY THAT THIS MATERIAL IS A TRUE COPY OF THE ORIGINAL
MATERIAL CONTAINED IN THE DOCUMENT: ATTACHED FOR CLARITY
Place of Execution : SAN BERNARDINO
DATE:
SPL, INC Signature
Description: San Bernardino,CA Document-Year.DOCID 2014.213962 Page: 6 of 9
Order: 22724 Comment:
2014-323
SHEET IOF1
EXHIBIT "A"
EASEMENT AREA
LEGAL DESCRIPTION
•
THAT PORTION OF THAT CERTAIN 200 FEET WIDE STRIP OF LAND DESCRIBED IN TRACT NO.
420 OF QUITCLAIM DEED,IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA,AS PER DOCUMENT RECORDED APRIL 20, 1950 IN BOOK 2564, PAGE
41, OF OFFICIAL RECORDS OF SAID COUNTY AND SHOWN ON RECORD OF SURVEY NO.00-
164, AS PER MAP FILED IN BOOK 120, PAGES 7 THROUGH 14 INCLUSIVE OF RECORD OF
SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF INSTITUTION ROAD
(80.00 FEET WIDE) WITH THE NORTHERLY LINE OF SAID 200 FEET WIDE STRIP BOTH AS
SHOWN ON SAID RECORD OF SURVEY;
THENCE ALONG SAID SOUTHEASTERLY LINE OF INSTITUTION ROAD, SOUTH 51° 06' 04"
WEST, 114.19 FEET TO THE WESTERLY LINE OF SAID 200 FEET WIDE STRIP;
THENCE ALONG SAID WESTERLY LINE, SOUTH 14°02'34"WEST, 1098.00 FEET;
THENCE AT RIGHT ANGLES TO SAID WESTERLY LINE,SOUTH 76°57'26'EAST, 93.00 FEET;
THENCE PARALLEL TO SAID WESTERLY LINE,NORTH 14°02'34'EAST, 1138.18 FEET TO THE
SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF THAT CERTAIN 50.00
FEET WIDE STRIP DESCRIBED IN SAID TRACT NO.420;
THENCE ALONG SAID SOUTHWESTERLY PROLONGATION, NORTH 51° 06' 04' EAST, 63.83
FEET TO SAID NORTHERLY LINE OF 200 FEET WIDE STRIP;
THENCE ALONG SAID NORTHERLY LINE,NORTH 75°57'26"WEST,62.65 FEET TO THE
POINT OF BEGINNING.
CONTAINING:108,433 SQUARE FEET OR 2.489 ACRES MORE OR LESS.
EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SUBJECT TO: COVENANTS, CONDITIONS, RESRICTIONS, RESERVATIONS, EASEMENTS AND
RIGHTS-OF-WAY, IF ANY.
DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
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Last Update:01/16/12
Description: San Bernardino,CA Document-Year.DocID 2014.213962 Page: 7 of 9
Order: 22 724 Comment:
2014-323
SCALE' 1` = 200' ■ EXHIBIT 1,a,, SHEET I OF 2
/ ' - FASEMEEM AREA
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i' .- EASEMENT i y , CONTAINS 108,4,33 S0. Ff. 1
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Description: San Bernardino,CA Document-Year.DOCID 2014.213962 Page: 8 of 9
Order: 22724 Comment:
2014-323
"-".�'
EXHIBIT "B" SHEET 2 OF 2
EASEMENT AREA
LINE TABLE \\ 04•C� Y 4.74'711°4> .� eyed
�,., rte/ ° ?, /114, T
LINE # LENGTH BEARING 6, 4ET 641
N �
Li 1698.35' S 51'06'04" W ." k'
L2 114.19' S 51'06'04" W 0 o
9).
R,
L3 93.00' S 75'57'26" E VICINITY MAP c��'
L4 63.83' N 51'06'04" E NOT TO SCALE O
L5 62.65' N 75'57'26" W
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EASEMENT & DEED NOTES:
0 INDICATES 200' WIDE STRIP AND 50' WIDE STRIP OF LAND CONVEYED TO
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT PER TRACT NO. 420
OF QUITCLAIM DEED RECORDED APRIL 20, 1950 IN 500K 2564, PAGE 41,
OF OFf7C/AL RECORDS AND SHOWN ON R.S.B. 120/ 7-14.
20 INDICATES AN EASEMENT FOR WATER LINE AND ROAD IN FAVOR OF
SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT, RECORDED
FEBRUARY 7 1973 IN BOOK 5116, PAGE 998, OF OFF/C1AL RECORDS.
Co INDICATES 200' WIDE EASEMENT FOR A LINE OF PIPE FOR WATER
TRANSPORTATION, GRANTED TO THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CAUFORNIA, RECORDED MAY 6, 1971 IN BOOK 7661,
PAGE 569, OF OFF/Ct4L RECORDS.
® INDICATES 200' WIDE STRIP OF LAND CONVEYED TO THE METROPOLITAN
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA BY JUDGEMENT
AND FINAL ORDER OF CONDEMNATION, RECORDED DECEMBER 21, 1972
IN BOOK 8086, PAGE 946, OF OFFICIAL RECORDS.
Lit uvdal.:01/15/13 SURVEYOR:
0:\3073\ESYi\ACC-OttbitL\3073-ACCAN9
PREPARED UNDER THE SUPERVISION OF .k.1 k4rs n .'
PREPARED BY TA
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CIVIL ENGINEERING•LAND l.RVETINC .,7w MIEN AC F/l LL4 E % *4).,,,14349 FIRESTONE BOULEVARD
t .. X LA M/RAA!4 CALIFORNIA 90438 P.L.S, NO 5750 CP� -
PW(714 52t-481t MX(T1t 2I-417.T REG. EXP. DEC. 31, 2013
A
Description: San Bernardino,CA Document-Year.DocID 2014.213962 Page: 9 of 9
Order: 22724 Comment:
2014-323
STORM DRAIN EASEMENT
EXHIBIT 2
v237-010--1348053.1
2014-323
Electronically Recorded in Official Records,County of San Bernardino 611312014
1209 PM
DENNIS DRAEGER EM
•^
ASSESSOR
REQUESTED BY 629 Chicago Title Company
•
Calmat Co. Doc#: 2014-0213963 Titles: t Pages: 8
GlO nda erCA 9120353319 500 I IIIIIOhIIIIlllhIIIfl I 1 11111 aver 66.00 Taxes
PAID 55.05
WHEN RECORDED MAIL TO:
SAME AS ABOVE•
Project: Cajon Creek STORM DRAIN D.P.No.: 2.200/
System No.:2.201 APN: 0262-051-33(Ptn.)
Parcel No.:138 EASEMENT Date: April 16,2014
Dept.Code: 11600 CC"OS
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, a body corporate
and politic, hereinafter referred to as Grantor, do(es) hereby grant to,
CALMAT Co., a Delaware corporation, its successors and assigns, hereinafter
referred to as Grantee,
a perpetual non-exclusive easement for underground water drainage systems,
together with appurtenant surface structures in, under, upon, over and across the
following parcel of land, hereinafter referred to as Property, described as follows:
"A", " ..
see Exhibit legal description and Exhibit "B" plat, attached hereto and made
a part hereof,
The easements herein granted shall include:
the right to construct, reconstruct, Inspect, operate, maintain and repair flood
control drainage works and appurtenant structures, including, but not limited to,
inlets, laterals, manholes, pipelines, and conduits for the purpose of collecting and
conveying waters; the right to enter upon and pass and repass over and along the
surface of said land during the construction, reconstruction, or repair of the said
works; the right to deposit tools, implements and other materials therein and
thereon and to take therefrom and/or place thereon earth, rock, sand, and gravel
for the purpose of construction, maintenance, and repair of said drainage works;
the right to enter and pass and repass along and through said Property at any time
and from time to time for purposes of inspection.
This easement is granted subject to the following terms and conditions:
Page 1of3
MAILTAX STATEMENTS AS DIRECTED ABOVE
Description: San Bernardino,CA Document-Year.DOCTD 2014.213963 Page: 1 of 8
Order: 22724 Comment:
2014-323
1. Grantee shall at all times, and at its sole cost and expense, maintain the
Property and all improvements constructed by Grantee thereon by Grantee in
good condition and repair. Grantee shall be responsible for any damage caused by
its use of the Property, as well as the use of the Property by Grantee's
respective employees, agents, contractors and invitees, and Grantee shall
promptly repair all such damage at its expense.
2. This easement may only be used by the Grantee, its successors and
assigns, and their respective employees, agents, contractors, and invitees. In that
regard, Grantor acknowledges that Grantee intends to transfer its rights and
obligations to the City of San Bernardino and approves such transfer.
3. Grantor shall not be required to contribute any part of the costs of
improvements on the Property, and furthermore, if Grantor is included in an
assessment district to pay such costs, Grantee shall reimburse Grantor for any
assessment therefore levied upon it.
4. Grantee shall be responsible for securing and maintaining all necessary
permits and approvals from other appropriate local, state and federal agencies for
its use of the Property, and Grantee shall comply with all applicable laws and
regulations concerning its use of the Property.
5. In the event of abandonment by Grantee of the rights granted herein,
they shall terminate, and Grantee shall thereupon, without cost to Grantor,
restore Property to a condition as near as possible to that which existed prior to
Grantee occupancy, and deliver to Grantor a quitclaim of such rights. Non-use for
a period of three years shall constitute conclusive evidence of such abandonment.
6. This easement is granted subject to all permits, agreements, licenses,
leases, easements, reservations, restrictions, conditions, covenants, encumbrances,
liens and claims of title which may affect said Property, including, but not limited
to, environmental restrictions and restrictive covenants. The use of the word
"grant" herein shall not Imply any warranty on the part of the Grantor with respect
to the Property.
7. Grantee agrees to indemnify, defend (with counsel reasonably approved
by Grantor) and hold harmless the Grantor and its authorized officers, employees,
agents and volunteers (individually "Indemnified Party" and collectively
"Indemnified Parties") from any and all claims, actions, losses, damages, and/or
liability arising out of Grantee's use of the Property pursuant to this grant of
easement from any cause whatsoever, including the acts, errors or omissions of
any person and for any costs or expenses incurred by Grantor on account of any
claim except where such indemnification is prohibited by law. This indemnification
provision shall apply regardless of the existence or degree of fault of indemnitees.
Page 2 of 3
Description: San Bernardino,CA Document-Year.DocID 2014.213963 Page: 2 of 8
Order; 22724 Comment:
2014-323
The Grantee's indemnification obligation applies to the Grantor's "active" as well
as "passive" negligence but does not apply to the "sole negligence" or "willful
misconduct" of an Indemnified Party or Indemnified Parties, as the case may be,
within the meaning of Civil Code Section 2782.
8. To the actual knowledge of the Grantor, the Property is not
contaminated with hazardous materials or hazardous substances, within the
meaning of the law.
IN WITNESS WHEREOF Grantor and Grantee have executed this Easement
the day and year written below and have agreed to be bound by the terms and
provisions hereof.
GRAN 4, ' :
By: .. l.C-'` ...,,._ --"..
Name: .) ice Rutherford
Title: Chair, Board of Supervisors
Date: -I- -2.z-Iii
Page 3 of 3
Description: San Bernardino,CA Document-Year.DoaID 2014.213963 Page: 3 of 8
Order: 22724 Comment:
2014-323
•
ACKNOWLEDGMENT
1111 ■111111111 RIO 111.111 11111110011111.1111111111M11M 100111111M11M1M10
State of California I
County of ,r� a-aV1LD )ss. ff
On Li "44 before me, 4�.. KY) k`"°6 t7
Notary Public, personally appeared J 44!Ce..- +1"4^'t4e
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of
which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
16.16"446""mt"WITNESS my hand and official seal. l E IoDAIY
commission 0 2031045
S „J0LJ
Signature
0100000000101111100011100.00001111 1 0 1 0 1 0 1 0 0 M 1 0 1/1 1 1 1 1:M 1 1 M 1 1 1 1 1/11 1 1 1 1 0 1 0 1 1 1000
OPTIONAL INFORMATION
Date of Document Thumbprint of Signer
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known
Paper Identification •
Credible Witness(es) Check here if
Capacity of Signer: no thumbprint
Trustee or fingerprint
Power of Attorney is available.
CEO/CFO/COO
President/Vice-President/Secretary I Treasurer
Other:
Other information:
Description: San Bernardino,CA Document-Year.DocID 2014.213963 Page: 4 of 8
Order: 22724 Comment:
2014-323
ILLEGIBLE NOTARY SEAL DECLARATION
GOVERNMENT CODE 27361.7
I certify under penalty of perjury that the notary seal on the document to which this
statement is attached reads as follows:
Name of Notary
1-.-2anna Mar'')-e k ova fY
Notary Identification Number 31 U
County Where Bond Is Filed 5. J-
Date Commission Exp
SPL,Inc.as agent
DATE: I (2-j Z
Signature
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THIS MATERIAL IS A TRUE COPY OF
THE ORIGINAL MATERIAL CONTAINED IN THE DOCUMENT:
ATTACHED FOR CLARITY:
SPL,Inc.as agent
DATE: Signature
Description: San Bernardino,CA Document-Year.DOcID 2014.213963 Page: 5 of 8
Order: 22724 Comment:
2014-323
SHEET IOFI
EXHIBIT "A"
EASEMENT AREA
LEGAL DESCRIPTION
THAT PORTION OF THAT CERTAIN 50 FEET WIDE STRIP OF LAND DESCRIBED IN
TRACT NO. 420 OF QUITCLAIM DEED, IN THE CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER DOCUMENT
RECORDED APRIL 20, 1950 IN BOOK 2584, PAGE 41, OF OFFICIAL RECORDS OF
SAID COUNTY, LYING WITHIN THE 100 FOOT WIDE EASEMENT GRANTED TO
SOUTHERN PACIFIC COMPANY (U.P.R.R.), DESCRIBED AS PARCEL #4 IN
DOCUMENT RECORDED JULY 10, 1989 IN BOOK 7265, PAGE 537, OF SAID
OFFICIAL RECORDS.
EASEMENT AREA CONTAINING:5,000 SQUARE FEET OR 0.115 ACRES.
EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS AND RIGHTS-OF-WAY,IF ANY.
PREPARED UNDER THE DIRECTION OF:
. f
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o �. Z
04/16/2014 cc m °:,
\** NO. 5750
P.L.S.BRIAN No.T5750 ES DATE \ OF CAL
REG.EXP. 12/31/15
0:130731ESM713073 ACC3.dot
Last Update:04/16/14
Description: San Bernardino,CA Document-Year.DociD 2014.213963 Page: 6 of 8
Order: 22724 Comment:
2014-323
t SCALE: 1' = 150' EXHIBIT "B" SHEET 1 OF 2
,EASEMENT AREA
r
-fir c4„
r
/ )4 X X N‘. N
/ /.,° 4O•// 43.
N / cA. `
\ // R.S. N0. 00-1641
c/1
' / R.S.B. 120 j 7-14.
NOTE N / ,0351'
+gar
M#.i4r
SEE SHEET 2 OF 2 FOR / ' / };,r• N r
LINE TABLE+ V1ClN NOTES: //Q.`'� i j �, ,° , /fN1/ / e4 /
EASLM&WT & DEED / 1``.,0� // � ::. /rrasy,4://
\ DETAIL ...:•>•/ r< it 1
,r' /r N
:,(\vii. ,,,A, /its i / / ,,,..,
// , UNE OF
//\
/
2{ ", 200' SIRIP OF 0
/ 1 1
/
i I
/ LEGEND:
/ , —.-1 20'0 --{ 20 ) " /NDIC.I TES EASEMENT AREA
ill ::::::::::::::::::::::::$.!t 1##i♦.#Ti C�NTNNS 5,000 SO- FT
........................ 0.115 AC. f
�� l
H
a 20Q 0 PREPARED BY
C3 1
Ii 711181765 Engineerirr , Inc.
RI 1 1 I ,� BOULEVARD
fLA � C4� 90638
A5t{71#)57t-4811 W((/1 2'1-i17J
loot Update:4/16/14
0:\ MZCz\3073jeClotrro
Description: San Bernardino,CA Document-Year.DocID 2014.213963 Page: 7 of 8
Order: 22724 Comment:
2014-323
■
EXHIBIT "B" SHEET 2 OF 2
EASEMENT AREA
1
\ e*,_ \ 14/. 7c,.....,14/
O % iiiii:/ `r
UNE TABLE \ . / 4
UNE I BEARING LENGTH N.//
Li N 38'51'43" W 50.00' 4,y ' '►
L2 S 75'57'26" E 62.65' j» 0
R.
L3 N 38'51'43" W 50.00' S '■
L4 N 51'06'04" E 100.00' VICIN/TY MAP
L5 t N 51'06'04" E 100.00' NOT TO SCALE 014.
11t
SIM 0r
EASEMENT do DEED NOTE ':
0 INDICATES 200' WIDE STRIP AND 50' $1DE STRIP OF LAND CONVEYED 70
SAW BERAARDINO COUNTY FLOOD CONTROL DISTRICT PER TRACT NO. 420
OF QUITCLAIM DEED RECORDED APRIL 20, 1950 IN BOOK 2564, PAGE 41,
OF OFFICIAL RECORDS AND SHOWN ON R.S.B. 120/ 7-14.
20 INDICATES AN EASEMENT FOR WATER LINE AND ROAD IN FAVOR OF
SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT, RECORDED
FEBRUARY Z 1973 IN BOOK 8116, PACE 998, OF OFFICIAL RECORDS.
O ON RECORD OF SURVEY NO. 00-164, R.S.B. 120 /7 14. R/W AS SHOWN
0 INDICATES A 100' WIDE E4S8ME17 FOR THE CONSTRUCTION, RECONSTRUCITON
AND MAINIENANCE OF DESCRIBED AS A/4 OF DOCUMENT SOUTHERN 10, 1969 COMPANY,
BOOK 7265, PAGE 537, OF OFFICIAL RECORDS
SURVEYOR:
Lost 41ldat:4/16/i4
a. PREPARED UNDER IH£DIRECTION OF: 1T
PREPARED BY L T y ,4.c„....
I Thienes Engineering, Inc 4/16/14 * �' No. 5750
CNIL r E t t BOULEVARD , - L ;EN DATE `�q Al sort LA Arf4 Gtlf�ifVlV6f SAW
L S NO. 5750 ,
A1r�?1-err Farr#kl-fr73 RED E7CP. DEC. 31, 2015
Description: San Bernardino,CA Document-Year.DocID 2014.213963 Page: 8 of 8
Order: 22724 Comment: