HomeMy WebLinkAbout05.M- Public Works 5.M "
RESOLUTION (ID #3205) DOC ID: 3205 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Easement
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From: Tony Frossard M/CC Meeting Date: 08/18/2014
Prepared by: Laszlo "Les" Fogassy, (909)
384-5140
Dept: Public Works Ward(s): 6
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Acceptance of a Quitclaim Deed from CALMAT Co., for Certain Storm Drain Easements
Located in the Vicinity of Institution Road and Cajon Boulevard (Cajon Creek Area). (#3205)
Current Business Registration Certificate: Not Applicable
Financial Impact:
None
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
11/05/2012 : Resolution No. 2012-260 was adopted, approving an agreement with CALMAT for
pipeline construction along a portion of Cajon Blvd., fee credit and reimbursement.
Background:
CALMAT Co. (CALMAT) recently completed construction of a City Master Storm Drain along
a portion of Cajon Blvd. In support of storm drain development in that area.
The City needs to obtain the easements to allow for future maintenance of the storm drain. To
allow the construction of a portion of the line across San Bernardino County Flood Control
District (SBCFCD) property, which is adjacent to property owned by CALMAT, the SBCFCD
granted CALMAT two easement areas, with the understanding that the easements would be
Quitclaimed to the City upon completion of the line. The line has been completed and the City
can accept the improvements subject to the conveyance of CALMAT'S easements to the City.
The attached resolution authorizes and directs the City Clerk to accept the Quitclaim Deed on
behalf of the City, a copy of which is attached as Attachment "1" which will need to be filed with
the San Bernardino County Recorder's office. The easements granted to CALMAT by the
SBCFCD are subject to certain conditions. The City's acceptance of the easements by Quitclaim
Deed is subject to the same conditions. A copy of CALMAT's easements, and conditions therein
are attached to the Quitclaim Deed as Exhibit"I" and Exhibit "2".
City Attorney Review:
This Item Has Been Reviewed and Approved as to Form by the City Attorney's Office. JEG
Supporting Documents:
Resolution (DOC)
Attachment 1 - Executed Quitclaim (PDF)
Undated: 8/13/2014 by Georgeann"GiQi"Hanna A Packet Pg. 150
5.M
3205
Vicinity Maps (PDF)
Undated: 8/13/2014 by Georgeann"Gig?Hanna A Packet Pg. 151
5.M.a
1 RESOLUTION NO.
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 L
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Quitclaim Deed from CALMAT Co., a copy of which is attached hereto as Attachment "1"
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and made a part hereof, for storm drain easements generally located in the vicinity of
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11 Institution Road and Cajon Boulevard, and more fully described in said Quitclaim Deed. c
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12 SECTION 2. Said Quitclaim Deed is accepted subject to the conditions set forth in U
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13 those certain easement documents granted to CALMAT Co. from the San Bernardino County
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Flood Control District, copies of which are attached as Exhibit "1" and Exhibit "2" of said M
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Attachment"1" (Quitclaim Deed), and made a part hereof. c
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1 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. 0
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5.M.a
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
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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:
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8 Council Members: AYES NAYS ABSTAIN ABSENT o
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MARQUEZ
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11 BARRIOS
12 VALDIVIA
13 SHORETT
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19 Georgeann Hanna, City Clerk
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20 The foregoing resolution is hereby approved this day of , 2014.
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R. CAREY DAVIS, Mayor
23 City of San Bernardino
24 Approved as to form:
25 GARY D. SAENZ,
26 City Attorney
L) 27 By.
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RECORDING REQUESTED BY
City of San Bernardino
WHEN RECORDED MAIL TO:
City of San Bernardino
City Clerk
300 N."D"St.
San Bernardino,CA 92415
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APN: 0262-51-33 t°
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File No. 15.04-152
(Cajon Creek) E
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(Space Above This Line For Recorder's Use)
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FEE EXEMPT PURSUANT TO j
GOV.CODE SECTION 27383 c
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QUITCLAIM DEED U
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FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CALMAT
CO., A Delaware Corporation, does hereby REMISE, RELEASE AND FOREVER c
QUITCLAIM to the CITY OF SAN BERNARDINO, a municipal corporation, all rights and M
Ainterests acquired as set forth in easement Document No. 2014-0213962, recorded on June 13, E
2014, and in easement Document No. 2014-0213963 recorded on June 13, 2014, both in the a
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 CY
described as follows:
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ATTACHED HERETO AS EXHIBIT "1" AND MADE A PART HEREOF IS THE EASEMENT x
RECORDED ON JUNE 13, 2014 AS DOCUMENT NO. 2014-0213962 AND ATTACHED w
HERETO AS EXHIBIT 112" AND MADE A PART HEROF IS THE EASEMENT RECORDED '
ON JUNE 13,2014 AS DOCUMENT NO.2014-0213963.
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DATE:
CALMAT CO., a Delaware corporation Q
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Print Name: Af/,441 tJ• r6gf2J 5 Q
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ATTACHMENT If 1 it
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V237-016--1348053.1
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ACKNOWLEDGEMENT OF GRANTOR(S):
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
July 11, 2014 Karen Shields Clark, Notary Public
On ,before me, o
(insert name and title of the officer)
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personally appeared Brian W. Ferris who N
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
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subscribed to the within instrument and acknowledged to me that he/she/they executed the same in v
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.
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I certify under PENALTY OF PERJURY under the laws of the State of California, that the Li:
foregoing paragraph is true and correct. a.
WITNESS my hand and official seal. N
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(Seal) KAREN SHIELDS-CLA—RK--j E
Commission# 1954564 •�
Notary Public-California
Los Angeles County
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V237-616--1348653-1
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C*14- CERTIFICATE OF ACCEPTANCE
This is to certify that the interests in real property contained in the easements conveyed by the
within instrument 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, E 0
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EXHIBIT 1
V237-016--1348053,1
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Electronically Recorded in Official Records,County of San Bernardino 5/1312014
12:09 PM
DENNIS DRAEGER EM
RECORDING REQUESTED BY: ASSESSOR-RECORDER-CLERK
� �by 629 Chicago Title Company
Calmat Co. Doc#: 201 4-0213962 Titles: 1 Pages: 9
500 N. Brand Blvd.Ste 500 Fees 52.00
Taxes Glendale CA 91203-3319 II I II II I((III II II III II I III III III other 121 p�
III PAID 113.55
WHEN RECORDED MAIL TO: _
SAME AS ABOVE
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Project: Cajon Creek
System No.:2.201 D.P. No.: 2.200/121 a&b
Parcel No.:136 EASEMENT APN: 0262-051-33(Ptn.)
Date: April 15,2014 c
Dept.Code: 11600 0
121 ,57 U
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the J
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, a body corporate CL
and politic, hereinafter referred to as Grantor, do(es) hereby grant to,
CALMAT Co., a Delaware corporation, its successors and assigns, hereinafter M
referred to as Grantee, E
a perpetual non-exclusive easement for aboveground and underground water
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drainage systems and water conservation purposes, together with appurtenant
surface structures in, under, upon, over and across the following parcel of land, O
hereinafter referred to as Property, described as follows:
see Exhibit "A", legal description and Exhibit "B" plat, attached hereto and made x
a part hereof, w
The easements herein granted shall include:
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the right to construct, reconstruct, inspect, operate, maintain and repair flood
control drainage and water conservation works and appurtenant structures, Y
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, d
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 U
thereon earth, rock, sand, and gravel for the purpose of construction, maintenance, Q
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.
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Description: San Bernardino,CA Document-Year.DocID 2014.213962 Page: 1 of 9
Order: 22724 Comment:
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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 L
reconstruction of Grantee's facilities to Grantor for review and approval, and o
Grantee shall obtain a permit from the Grantor prior to the commencement of any o
such improvements.
3. Grantor may temporarily close off the Property (or portions thereof) to L
Grantee (which includes Grantee's respective employees, agents, contractors and v
invitees) at any time and for any reason, but shall give Grantee at least 48 hours o
' prior notice of any planned closure to the extent reasonably possible. v
Notwithstanding the foregoing, Grantor agrees not to close off the Property (or J
portions thereof) to Grantee for more time than is reasonably necessary to o:
complete any required maintenance or repairs to the Grantor's facilities.
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4. Grantee shall not change the existing grade or otherwise modify the M
topography of Property affected by this easement without the prior written E
consent of Grantor.
5. Grantee shall not park vehicles within the Property, nor permit any
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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 w
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
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Property and all improvements constructed by Grantee thereon by Grantee in
good condition and repair. Grantee shall be responsible for any damage caused by r
its use of the Property, as well as the use of the Property by Grantee's Q
respective employees, agents, contractors and invitees, and Grantee shall
promptly repair all such damage at its expense. E
7. This easement may only be used by the Grantee, its successors and
assigns, and their respective employees, agents, contractors, and invitees. In that a
regard, Grantor acknowledges that Grantee intends to transfer its rights and
obligations to the City of San Bernardino and approves such transfer.
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Order: 22724 Comment:
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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.
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9. Any subterranean storm drain facilities constructed by or on behalf of
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Grantee shall be designed and constructed underground meeting all applicable o
standards to allow vehicles meeting a minimum of H 20 wheel loading to travel over Cn
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 iv
caused by vehicles or equipment traveling over and across the storm drain. o
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10. Grantor may grant other non-exclusive easements, leases, licenses and v
permits over the Property (or portions thereof) for the benefit of other entities not
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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. LO
Grantor shall give Grantee prior notice of contemplated new uses of the Property, M
receive and consider Grantee comments thereto, and to coordinate any new uses
with Grantee. E
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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 a
assessment district to pay such costs, Grantee shall reimburse Grantor for any
assessment therefore levied upon it.
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12. Grantee shall be responsible for securing and maintaining all necessary w
permits and approvals from other appropriate local, state and federal agencies for r
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, Q
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 a)
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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. t°
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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
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Order: 22724 Comment;
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grant" herein 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 c
easement from any cause whatsoever, including the acts, errors or omissions of o
any person and for any costs or expenses incurred by Grantor on account of any E
claim except where such indemnification is prohibited by law. This indemnification 0
provision shall apply regardless of the existence or degree of fault of indemnitees. Cn
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 v
misconduct" of an Indemnified Party or Indemnified Parties, as the case may be, o
within the meaning of Civil Code Section 2782. v
16. To the actual knowledge of the Grantor, the Property is not
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contaminated with hazardous materials or hazardous substances, within the
meaning of the law, LO
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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 r
provisions hereof.
G R:
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Name: nice Rutherford
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Title: Chair, Board of Supervisors E
Date: `4--2 �j
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Order: 22724 Comment:
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Township Work Order No.
Road Name Parcel No.(s)
Project Name A.P.N.(s)
CAUFUNIA ALL-FIRPOSE ACU M BIMEKT
State of C'�q, a ryY t
County of f2zL, �c v'.�uv I�-zi /
On —2�—f`� before me, L2-�cflren, Yt� lY �/��r� J�Vp�tc,
DATE NOTARY PUBLIC tiA SE AFB mtE OF oFFICER
personally appeared 1Vtn(cv— j2G.-,H,Y r�r�
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who proved to me on the basis of satisfactory evidence to be the persons)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), E
and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) o
acted,executed the instrument. _
I certify under PENAI ��� oaf t State of California that the foregoing paragraph is true L
and correct, Notary Public-California T U
an Sernardlno County LEANNA MAfW 0 ,, _
WITNESS my hand and Jun 25 2017~ L4 H�
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Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent N
removal and reattachment ofthis form to another document. y
Description of Attached Document E
Title or Type of Document: ;r
Document Date: Number of Pages: a
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
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Signer's Name: Signer's Name:
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❑ Individual ❑ Individual =
❑ Corporate Officer ❑ Corporate Officer E
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Title(s): Title(s):
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❑ Partner— ❑ Limited ❑ General ❑ Partner-- ❑ Limited ❑ General
❑ Attorney-In-Fact ❑ Attorney-In-Fact Q
❑ Trustee pR, ❑ Trustee SUM _
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
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Signer Is Representing: Signer Is Representing:
Description: San Bernardino,CA Document-Year.Doc= 2014.213962 Page: 5 of 9
Order: 22724 Comment:
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GOVERNMENT CODE 27361.7
1 certify under penalty of perjury that the notary seal on the document to which this statement is
attached reads as follows:
Name of Notary
Notary Identification Number U
County Where.Bond Is Filed S C4 rk i wt I C
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Date Commission Exp � �v�-Q.. 2' I E
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Place of Execution . JaA- G�[d �1 v1
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SPL, INC Signature v
State of CALIFORNIA )
County of ) a.
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On before me, NOTARY PUBLIC personally appeared, , who proved to to
me on the basis of satisfactory evidence to be the person (s)whose name (s) is/are subscribed to the M
within instrument and acknowledged to me that helshe/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 E
entity upon behalf of which the person (s) acted, executed the instrument. i;
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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. 'a
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WITNESS my hand and official seal
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Signature '
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I CERTIFY UNDER PENALTY OF PERJURY THAT THIS MATERIAL IS A TRUE COPY OF THE ORIGINAL U
MATERIAL CONTAINED IN THE DOCUMENT: ATTACHED FOR CLARITY
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Place of Execution SAN BERNARDINO
DATE: G J 2/ I ` �~
SPL, INC Signature
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Description: San Bernardino,CA Document-Year.DoclD 2014.213962 Page: 6 of 9
Order: 22724 Comment:
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SHEET IOF1
EXHIBIT "A"
EASEMENTAREA
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 0
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 E
SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS o
FOLLOWS: ts7
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,' V
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THENCE ALONG SAID SOUTHEASTERLY LINE OF INSTITUTION ROAD, SOUTH 510 06' 04-
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WEST, 114.19 FEET TO THE WESTERLY LINE OF SAID 200 FEET WIDE STRIP, V
THENCE ALONG SAID WESTERLY LINE, SOUTH 14°02'34-WEST, 1098.00 FEET,' —I
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THENCE A T RIGHT ANGLES TO SAID WESTERLY LINE,SOUTH 750 57'26"EAST, 93.00 FEET,
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THENCE PARALLEL TO SAID WESTERLY LINE, NORTH 140 02'34"EAST, 1138.16 FEET TO THE N
SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF THAT CERTAIN 50.00
FEET WIDE STRIP DESCRIBED IN SAID TRACT NO.420,
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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 L'I
POINT OF BEGINNING.
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CONTAINING:108,433 SQUARE FEET OR 2.489 ACRES MORE OR LESS. K
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EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SUBJECT TO: COVENANTS, CONDITIONS, RESR/CT IONS, RESERVATIONS. EASEMENTS AND c
RIGHTS-OF-WAY, IF ANY.
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DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
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P.L: .No, 5750 EXP.12/31/13
REG. EXP. 12/31/13 9 Q
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Last Update:0114912
Description: San Bernardino,CA Document-Year.DoclD 2014.213962 Page: 7 of 9
Order: 22724 Comment;
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SCALE: 1 = 200 EXHIBIT 'Y B SHEET 1 OF 2
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E45EMEN7 AREA
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R.S. No, 00-1 64, �
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VICINITY MAP, EASEMENT & DEED NOTES
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INDICATES EASEMENT AREA L j
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Description: San Bernardino,CA Document-Year.DoclD 2014.213962 Page: 8 of 9
Order: 22724 Comment:
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EXHIBIT "B" SHEET 2 OF 2
EASEMENT AREA
LINE TABLE ,
LINE LENGTH BEARING
L1 1698.35' S 51'06'04" W
L2 114.19' S 51'06'04" W tidy O C
L3 93.00' S 75'57'26• E VICINITY MAP
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L4 63.83' N 51'06'04" E NOT 70 SCALE 00 y
L5 62.65' N 75'57'26° w
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EASEMENT & DEED NOTES.-
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Q INDICATES 200' WIDE STRIP AND 50' WIDE STRIP OF LAND CONVEYED TO
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT PER TRACT N0. 420
OF QUITCLAIM DEED RECORDED APRIL 20, 1950 IN BOOK 2564, PAGE 41, E
OF OFnCLAL RECORDS AND SHOWN ON R.S.B. 120 / 7-14.
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FEBRUARY 7, 1973 IN BOOK 8116, PAGE 998, OF OFFIC14L RECORDS.
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INDICATES 200' WIDE EASEMENT FOR A LINE OF PIPE FOR WATER v
TRANSPORTATION, GRANTED TO THE METROPOL?AN WATER DISTRICT OF K
SOUTHERN CAUFORNIA, RECORDED MAY 6, 1971 IN BOOK 7661, W
PAGE 569, OF OFf7ClAL 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 v
IN BOOK 8086, PAGE 946, OF OFFICNL RECORDS
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Description: San Bernardino,CA Document-Year.DocID 2019.213962 Page: 9 of 9
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EXHIBIT 2
V237-016-1348053A
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` Electronically Recorded in Official Records,County of San Bernardino 611 312014
I� 12:09 PM
DENNIS DRAEGER EM
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RECORDING REQUESTED BY: ASSESSOR-RECORDER-CLERK
R� W� � Ae a I j 629 Chicago Title Company
Calmat co. Doc#: 2014-0213963 Titles: 1 Pages: a
Glendale da e Brand
CA Blvd.Ste
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I�I IIIIIIIIIIIII�I II{N l 111 liil 111 Other .00
PAID 55.05 =
WHEN RECORDED MAIL TO: p
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Project: Cajon Creek STORM DRAIN D.P.No.: 2.200/
System No.:2.201 APN: 0262-051-33(Ptn.) V
Parcel No.:138 EASEMENT Date: April 16,2014 0
Dept.Code: 11600
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FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the J
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SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, a body corporate
and politic, hereinafter referred to as Grantor, do(es) hereby grant to,
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CALMAT Co., a Delaware corporation, its successors and assigns, hereinafter
referred to as Grantee, E
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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
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see Exhibit"A", legal description and Exhibit "B" plat, attached hereto and made
a part hereof, W
The easements herein granted shall include:
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the right to construct, reconstruct, inspect, operate, maintain and repair flood E
control drainage works and appurtenant structures, including, but not limited to, v
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 Q
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; ;g
the right to enter and pass and repass along and through said Property at any time Q
and from time to time for purposes of inspection.
This easement is granted subject to the following terms and conditions:
Page 1 of 3
MAILTAX STATEMENTS AS DIRECTED ABOVE
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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
s and invitees. In that
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assigns, and their respective employees, agents, contractors,9 � P
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regard, Grantor acknowledges that Grantee intends to transfer its rights and E
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obligations to the City of San Bernardino and approves such transfer. (n
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3. Grantor shall not be required to contribute any part of the costs of m
improvements on the Property, and furthermore, if Grantor is included in an c
assessment district to pay such costs, Grantee shall reimburse Grantor for any °
assessment therefore levied upon it. v
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4. Grantee shall be responsible for securing and maintaining all necessary -'
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permits and approvals from other appropriate local, state and federal agencies for to
its use of the Property, and Grantee shall comply with all applicable laws and LO
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regulations concerning its use of the Property. N
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5. In the event of abandonment by Grantee of the rights granted herein, E
they shall terminate, and Grantee shall thereupon, without cost to Grantor, U
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 CY
a period of three years shall constitute conclusive evidence of such abandonment.
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6. This easement is granted subject to all permits, agreements, licenses, x
leases, easements, reservations, restrictions, conditions, covenants, encumbrances, w
liens and claims of title which may affect said Property, including, but not limited r
to, environmental restrictions and restrictive covenants. The use of the word 4)
of herein shall not imply any warranty on the part of the Grantor with respect
to the Property. Y
7. Grantee agrees to indemnify, defend (with counsel reasonably approved a
by Grantor) and hold harmless the Grantor and its authorized officers, employees,
agents and volunteers (individually "Indemnified Party" and collectively E
"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 a
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
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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
'e Parties as the case may be,
Indemnified misconduct" of an Indemnified Part or I Y
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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 c
meaning of the law. L
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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
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provisions hereof. v
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GRAN v
By.
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Name: l ice Rutherford �
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Title: Chair, Board of Supervisors
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Date• 2"—i�1,` E
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Page 3 of 3
Description: San Bernardino,CA Document-Year.DocID 2014.213963 Page: 3 of 8
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ACKNOWLEDGMENT
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State of California if
County of �M �1 }ss.
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On �� Yie. 1,
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Notary Public, personally appearedt
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who proved to me on the basis of satisfactory evidence to be the person(s) whose N
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 V
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. o
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1 certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct. —i
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WITNESS my hand and official sea[. +�u+rA�NA AR E-N
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Notary Public-California N
San Bernardino County
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Signature
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OPTIONAL INFORMATION
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Type of Satisfactory Evidence: Q
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Paper Identification a�
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Power of Attorney is available.
CEO/CFO/COO
President/Vice-President/Secretary/Treasurer
Other:
Other Information:
Description: San Bernardino,CA Document-Year.DoclD 2014.213963 Page: 4 of 8
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ILLEGIBLE NOTARY SEAL DECLARATION
GOVERNMENT CODE 27361.7
1 certify under penalty of perjury that the notary seal on the document to which this
statement is attached reads as follows:
Name of Notary L,-eann6" mar)-e
Notary Identification Number PQ 3 r C) LPS ca
County Where Bond Is Filed J E
J jA� �S 201-7 °
Date Commission Exp u)
SPL,Inc.as agent
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DATE: �
Signature O
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GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THIS MATERIAL IS A TRUE COPY OF N
THE ORIGINAL MATERIAL CONTAINED IN THE DOCUMENT:
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ATTACHED FOR CLARITY:
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SHEET 1OF1
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EXHIBIT "A"
EASEMENTAREA
LEGAL DESCRIPTION
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THAT PORTION OF THAT CERTAIN 50 FEET WIDE STRIP OF LAND DESCRIBED IN 0
TRACT NO, 420 OF QUITCLAIM DEED, IN THE CITY OF SAN BERNARDINO, C0
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COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER DOCUMENT
RECORDED APRIL 20, 1950 IN BOOK 2564, PAGE 41, OF OFFICIAL RECORDS OF VD
SAID COUNTY, LYING WITHIN THE 100 FOOT WIDE EASEMENT GRANTED TO V
SOUTHERN PACIFIC COMPANY (U.P.R.R.), DESCRIBED AS PARCEL #4 IN r_
DOCUMENT RECORDED JULY 10, 1969 IN BOOK 7265, PAGE 537, OF SAID
OFFICIAL RECORDS. U
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EASEMENT AREA CONTAINING:5,000 SQUARE FEET OR 0.115 ACRES. a.
EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART ,n
HEREOF. N
SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS AND RIGHTS-OF-WAY,IF ANY. E
PREPARED UNDER THE DIRECTION OF.' �
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jSCALE. - 150 EXHIBIT "B" SHEET i of z
EASEMENT AREA
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LINE TABLE , C'f' p to KiYj�CO .1
LINE BEARING LENGTH
L1 N 38'51'43' W 50^00' �'` �y Ax �
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OF OF79CAL RECORDS AND SHOWN ON R.S.B. 120 / 7-14.
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20 INDICATES AN EASEMEW FOR WATER UNE AND ROAD IN FAVOR OF
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ON RECORD OF SURVEY NO. 00-164, R.S.B. 120 / 7-14.
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AND MAINTENANCE OF A RA&RaQ GAAN7FD Tt7 SOUTHERN PACIRC COMPANY,
DESCRIBED AS PARCEL 14 OF DOCUME7YT RECORDED JULY 10, 1969 IN
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Description: San Bernardino,CA Document-Year.DocID 2014.213963 Page: 8 of 6
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LINE TABLE
LINE BEARING LENGTH �•` ,�� `�73.
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VICINITY MAPS - SHEET 2 OF 2
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_LINE TABLE
LINE LENGTH BEARING
L1 1698.35' S 51'06'04" W
L2 114.19' S 51'06'04" W 'F
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