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HomeMy WebLinkAbout2015-012 1 RESOLUTION NO. 2015-12 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF 3 A QUITCLAIM DEED TO SAN BERNARDINO COMMUNITY COLLEGE 4 DISTRICT FOR THAT CERTAIN EASEMENT GRANTED TO THE CITY FOR A WATER PIPELINE LOCATED AT 701 MT. VERNON AVENUE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and 8 directed to execute on behalf of said City, a Quitclaim Deed to San Bernardino Community 9 10 College District, for that certain water pipeline easement located at 701 Mt. Vernon Avenue, 11 known as Assessor's Parcel Number 0141-101-01, in the City of San Bernardino, more 12 specifically described in said quitclaim deed, a copy of which is attached hereto as 13 Attachment"1" and made a part hereof. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 1 BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A QUITCLAIM DEED TO SAN BERNARDINO COMMUNITY COLLEGE DISTRICT FOR THAT CERTAIN EASEMENT 2 GRANTED TO THE CITY FOR A WATER PIPELINE LOCATED AT 701 MT.VERNON AVENUE. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 4 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on 5 6 the 20th day of January, 2015, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ X 9 BARRIOS X 10 11 VALDIVIA X 12 SHORETT X 13 NICKEL X 14 JOHNSON X 15 MULVIHILL X 16 17 � George Hanna, City Clerk 18 19 The foregoing resolution is hereby approved this �-- day of January, 2015. 20 21 R. CAREY VAVIS, Mayor 22 City of San/Bernardino 23 Approved as to form: 24 GARY D. SAENZ, City Attorney 25 B . , 26 27 28 2015-12 1 ATTACHMENT "1" 2 -Quitclaim Deed- 3 (San Bernardino Community College District) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2015-12 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Robin L. Ohama Deputy General Manager City of San Bernardino Municipal Water Department P.O. Box 710 300 North D Street San Bernardino, CA 92402 QC 1: APN 141-101-01 DOCUMENTARY TRANSFER TAX$ SPACE ABOVE THIS LINE FOR RECORDER'S USE Computed on the cons deration or value of pope ty conveyed;OR Computed on the consideration or value less liens or encumbrances remaining at time of sale QUITCLAIM DEED FOR A VALUBLE CONSIDERATION, receipt of which is hereby acknowledged, City of San Bernardino Hereby remise, release and forever quitclaims to San Bernardino Community College District All right, title and interest in and to those portions of Grant of Easements recorded on 5/28/04 as Document No. 2004-0379000 and recorded on 11/26/03 as Document No. 2003-0887408 of official records of the County of San Bernardino, the copies of which are attached hereto as Exhibit '1' and made a part hereof within the following described property: PORTIONS OF LOTS 33 AND 34, BLOCK 54 OF RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. Said portions of Grant of Easements described hereon in Exhibit"A" and depicted hereon in Exhibit"B" and made a part hereof. Assessor's Parcel Number: 141-101-01 BY: CITY OF SA B RNARDINO i c le £ � ; Signature Print Name Title 12 MAIL TAX STATEMENTS TO:SAME AS ABOVE 2015-12 ACKNOWLEDGEMENT OF GRANTOR(S): A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF } S.S. On ��� before me, �qI"G A Notary Public,persona y appeared 11),ell. who proved to me on the basis of satisfactory evidenc o be the person(,s�`whose name(sris/ue's—ubscribed to the within instrument and acknowledged to me that he/sWthey'executed the same in his/befltkef authorized capacity(iss-and that by his/hprlf5eir signature(, on the instrument the person�e ,or the entity on behalf of which the person(.*Yacted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature SEAL: VALERIE R.MONTOYAt Commission# 1965357 z + Notary Public-California z Z 'tom San Bernardino County My Comm.Expires Au 2,2016 2015-12 PROJECT NAME: SBVC GYM APN: 141-101-01 EXHIBIT "A" WATER EASEMENT QUITCLAIM LEGAL DESCRIPTION THOSE PORTIONS OF LOTS 33 AND 34, BLOCK 54 OF RANCHO SAN BERNARDINO PER MAP BOOK 7, PAGE 2, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "A": COMMENCING AT THE SOUTHWEST CORNER OF LOT 56 OF JUNIOR COLLEGE HEIGHTS TRACT NO. 2227, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, FEBRUARY 8, 1927, SAID CORNER BEING THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF EUREKA STREET (VACATED) AND THE NORTHERLY RIGHT-OF-WAY LINE OF COLLEGE DRIVE (VACATED); THENCE SOUTH 00 013'07" EAST 60.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID COLLEGE DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 89 046'53" EAST 33.25 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN WATER EASEMENT GRANTED TO THE CITY OF SAN BERNARDINO DESCRIBED IN DOCUMENT RECORDED ON MARCH 5, 2003, AS DOCUMENT NO. 2003-0145121; THENCE ALONG THE BOUNDARY OF SAID WATER EASEMENT SOUTH 00 012'25" EAST 126.23 FEET; THENCE SOUTH 53 047'35" WEST 159.93 FEET TO A POINT ON THE EASTERLY LINE OF AN EXISTING 15-FOOT WIDE WATER EASEMENT REFERENCED AS CWD FILE NO. 4202; THENCE ALONG SAID EASTERLY LINE SOUTH 00°00'00" WEST 24.79 FEET TO THE TRUE POINT OF BEGINNING OF PARCEL "A", SAID POINT BEING ON THE MOST SOUTHERLY CORNER OF SAID WATER EASEMENT DESCRIBED IN DOCUMENT NO. 2003-0145121; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00 000'00" WEST 121.83 FEET TO A POINT HEREIN DESIGNATED AS POINT "A"; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00 000'00" WEST 43.65 FEET TO A POINT HEREIN DESIGNATED AS POINT "B"; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00 000'00" WEST 160.12 FEET TO A POINT HEREIN DESIGNATED AS POINT "C"; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00 000'00" WEST 79.14 FEET TO AN INTERSECTION WITH THE MOST NORTHERLY LINE OF THAT CERTAIN WATER EASEMENT GRANTED TO THE CITY OF SAN BERNARDINO DESCRIBED IN DOCUMENT RECORDED ON NOVEMBER 26, 2003, AS DOCUMENT NO. 2003-0887408; THENCE ALONG SAID MOST NORTHERLY LINE NORTH 89 056'33" EAST 313.74 FEET TO THE ANGLE POINT THEREOF; THENCE ALONG THE EASTERLY LINE OF SAID WATER EASEMENT SOUTH Page 1 of 3 2015-12 PROJECT NAME: SBVC GYM APN: 141-101-01 00 006'57"WEST 251.80 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY AT RIGHT ANGLES NORTH 89 053'03" WEST 25.00 FEET TO THE WESTERLY BOUNDARY OF SAID WATER EASEMENT AS DESCRIBED IN SAID DOCUMENT NO. 2003-0887408; THENCE ALONG SAID WESTERLY BOUNDARY NORTH 00 006'57" EAST 239.72 FEET TO THE ANGLE POINT THEREOF; THENCE CONTINUING ALONG SAID BOUNDARY AND WESTERLY EXTENSION OF SAID BOUNDARY SOUTH 89 056'33" WEST 303.73 FEET TO A POINT ON THE WESTERLY LINE OF SAID EXISTING 15-FOOT WIDE WATER EASEMENT REFERENCED AS CWD FILE NO. 4202; THENCE ALONG SAID WESTERLY LINE NORTH 00 000'00" EAST 406.63 FEET TO THE INTERSECTION WITH A LINE WHICH BEARS SOUTH 55059'14"WEST FROM THE TRUE POINT OF BEGINNING OF PARCEL "A"; THENCE ALONG SAID LINE NORTH 55059'14" EAST 18.10 FEET TO THE TRUE POINT OF BEGINNING OF PARCEL "A". PARCEL "B": COMMENCING AT THE AFOREMENTIONED POINT "A"; THENCE NORTH 89 000'00" WEST 15.00 FEET TO THE TRUE POINT OF BEGINNING OF PARCEL "B", SAID POINT BEING ON THE SOUTHEAST CORNER OF PARCEL "B" OF THAT CERTAIN WATER EASEMENT GRANTED TO THE CITY OF SAN BERNARDINO DESCRIBED IN DOCUMENT RECORDED ON MAY 28, 2004, AS DOCUMENT NO. 2004-0379000; THENCE ALONG THE BOUNDARY OF SAID PARCEL "E" NORTH 89 000'00" WEST 30.00 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 00 000'00" EAST 20.00 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 89 000'00" EAST 30.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 00°00'00" WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING OF PARCEL "B". PARCEL "C": BEGINNING AT THE AFOREMENTIONED POINT "B", SAID POINT BEING ON THE SOUTHWEST CORNER OF PARCEL "D" OF THAT CERTAIN WATER EASEMENT GRANTED TO THE CITY OF SAN BERNARDINO DESCRIBED IN DOCUMENT RECORDED ON MAY 28, 2004, AS DOCUMENT NO. 2004-0379000; THENCE ALONG THE BOUNDARY OF SAID PARCEL "D" SOUTH 89 000'00" EAST 20.00 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH 00 000'00" EAST 16.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE NORTH 89 000'00" WEST 20.00 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 00 000'00" WEST 16.00 FEET TO THE POINT OF BEGINNING OF PARCEL "C". PARCEL "D": COMMENCING AT THE AFOREMENTIONED POINT "C"; THENCE NORTH 89 000'00" WEST 15.00 FEET TO THE TRUE POINT OF BEGINNING OF Page 2 of 3 2015-12 PROJECT NAME: SBVC GYM APN: 141-101-01 PARCEL "D", SAID POINT BEING THE NORTHEAST CORNER OF PARCEL "C" OF THAT CERTAIN WATER EASEMENT GRANTED TO THE CITY OF SAN BERNARDINO DESCRIBED IN DOCUMENT RECORDED ON MAY 28, 2004, AS DOCUMENT NO. 2004-0379000; THENCE ALONG THE BOUNDARY OF SAID PARCEL "C" NORTH 89 000'00" WEST 10.00 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 00°00'00" WEST 10.00 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 89°00'00" EAST 10.00 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH 00°00'00" EAST 10.00 FEET TO THE TRUE POINT OF BEGINNING OF PARCEL "D". 0� .r2 OF Page Page 3 of 3 2015-12 EXHIBIT "B" PROJECT NAME : SBVC GYM APN: 141-101-01 IJUNJIOri IC C) IL r GL H110-1 IT S l a t l SW CORNER 43 44 46 46 47 TriACT 1\10. 2227 wIO LOT 56 60 61 62 63 cc—I (� 4—B 4B so 6 1 J52 168 1 64 �66 6 7'1(�I J r6 1519L rD) - L I-- I _GD L r � DRJVr I 1 o N89°46'53"E I ° ' — — J � 2 'r 3-0C'K 26 // BUCK 26 RAN0H0 SAN SErRNARDJNO � � ��J FRANCHO SAN 38Ar-jNAri01N0 / 0 PROPOSED WATER EASEMENT EXISTING WATER EASEMENT PER SEPARATE DOCUMENT I PER DOC. NO. 2003-0145121 B� rip. RECORDED 3/05/03 81-OC'K 54 / � 6 r1ANCH0 SAN 3E rjNAri011�J0 ( ( � SEE DETAIL PARCEL B 7 ON SHEET 3 EXISTING WATER EASEMENT I 15 PARCEL C PER DOC. NO. 2006-0093931 1 RECORDED 2/8/2006 1 1 EXISTING 15' 15 WATER EASEMENT �8 CWD FILE NO. 4202 34 - - — — — — 3L001-S 64 _ _ _ 1- _ JRANCHO SAN B�.RJNAriDJNo LEGEND 1 I I EXISTING WATER EASEMENT INDICATES WATER PARCEL D I 9 PER DOC. NO. 2003-0887408 EASEMENT QUITCLAIM I 1� ( TRECORDED D 11/26/03 16,953.82 SQ.FT. (0.389 AC. ) L 1,� _ 14 PARCEL A P.O.C. INDICATES THE POINT OF 25' \I 0-- //� � 1� COMMENCEMENT. T.P.O.B. INDICATES THE I O O TRUE POINT OF BEGINNING. 12 LAND F,p S�,pG / RICHARD SON ON A V8NU8 g � Zp W. IVAC AT rD) �J _ � I- TTY J T �JU1�110rj� 001 I rGE H�1GH7tS * Exp.12-31-15 * �` 1 Tr3ACT\ 22`27 I l I I I �Lo 73�`L 9 °F CALIF SEE EASEMENT DATA TABLE ON SHEET 3 /0-23-20/4 150 0 150 DA ID W. AMBLER DATE LS 7322 SHEET 1 OF 3 SHEETS GRAPHIC SCALE 2015-12 EXHIBIT "B" PROJECT NAME : SBVC GYM APN: 141-101-01 PARCEL B r (PARCEL "E" OF DOC. 2004-0379000) 20 19 21 18 17 POINT "A" T.P.O.B. PARCEL B 15' PARCEL C 7 (PARCEL "D" OF PARCEL A 24 DOC. 2004-0379000) 25 23 22 POINT "B" 15 EXISTING WATER EASEMENT �® CWD FILE NO. 4202 T.P.O.B. PARCEL D 27 26 POINT "C" 28 30 PARCEL D 29 O EXISTING WATER EASEMENT PER DOC. NO. 2003-0887408 (PARCEL "C" OF RECORDED 11/26/03 DOC. 2004-0379000) 10 _ 1 L 1 / 14 - / J SEE EASEMENT DATA TABLE ON SHEET 3 / / DETAIL NO SCALE SHEET 2 OF 3 SHEETS 2015-12 EXHIBIT "B" PROJECT NAME : SBVC GYM APN: 141-101-01 EASEMENT DATA DELTA BRG LENGTH 1 S00° 13'07"E 60.00 2 N89 46'53"E 33.25 3 SOO* 12'25"E 126.23 4 553°47'35"W 159.93 5 S00°00 00"W 24.79 6 S00°00'00"W 121 .83 7 S00°00'00 'W 43.65 8 500°00'00"W 160.T2 --r- 9 S00000'00 'W 79. 14 10 N89°56'33 E 313.74 11 S00 006'57"W 251 .80 12 N89°53'03"W 25.00 13 N00 006'57"E 239.72 14 589°56'33 N 303.73 15 N00°00'00"E 406.63' 16 N55°59' 14"E 18. 10' 17 N89°00'00"W 15.00' 18 N89°00'00"W 30.00' 19 N00°00'00"E 20.00' 20 §89°00'00"E 30.00 21 S00°00'00"W 20.00' 22 S89°00'00"E 20.00' 23 N00°00'00"E 16.00' 24 N89°00'00"W 20.00' 25 S00 00 00 W 16.00 26 N89°00'00"W 15.00' 27 N89 000'00"W 10.00' 28 S00°00'00"W 10.00' 29 S89°00'00"E 10.00' 30 N00°00'00"E 10.00' SHEET 3 OF 3 SHEETS ME 'PlIg awl 2015-12 EXHIBIT 661" -Grant of Easement- Document#2003-0887408 Recorded 11/28/2003 -Grant of Easement- Document#2004-0379000 Recorded 05/28/2004 [SEE ATTACHED] 2015-12 First American Title Recorded In Official Records,Coeety of San Bernardino 11/28/2003 LARRY WALKER t.MJ MJ �" AuditorlController — Recorder P Counter RECORDING REQUESTED BY: Titles: 1 Pages: 10 and Dock 2003-0887408 WHEN RECORDED MAIL TO: Fees 0.00 Taxes OAS Other 0.00 Stacey Aldstadt, Deputy General Manager PAID se.afa City of San Bernardino Municipal Water Dept. P.O. Box 710 San Bemardino, CA 92402 SPACE ABOVE THIS LINE FOR ROCORDER'S USE GRANT OF EASEMENT This Grant of Easement is entered into by and between the San Bernardino Community College District called District, and the City of San Bernardino, hereinafter called Grantee. District in consideration of the mutual promises contained herein, and the public benefit provided, hereby grant unto Grantee, its successors and assigns, an easement to locate, relocate, construct, reconstruct, maintain, alter, enlarge, inspect, repair and replace underground pipelines for the transportation of water, and all pipes, conduits, manholes, structures and equipment necessary or convenient thereto, on, under and across that certain real property described and shown on Exhibit"A°, attached hereto and by this reference made a part hereof. THIS EASEMENT IS BEING GRANTED SUBJECT TO THE CONDITIONS ON PAGE 2 AND MADE A PART HEREOF. Date October 30, 2003 APPROVED: San Bernardino Community College District Ifl4v 4 1-0"'t —VX,,V- Print Name Raymond G. Eberhard Print Title Interim Executive Director of Facilities 2015-12 First American Title CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ��.,( SS. County of 4��/Y 10 ` n On before me, r . Dale N and a of fHricer .'Jane am.N94y Public') personally appeared d Naal.la)of s�) P-p-e-rsonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(4 whose name(ey is(aM subscribed to the within instrument and ,may y acknowledged to me that hel"/Joey executed MARY E. WARD the same in his10erlt wV authorized COMM.#123.4311 y capacity(iio, and that by his/tvilerAWir �-t NOTARY PUBLIC-CALIFORNIA ignature(r )•on the instrument the person*,or -t•.>£•� '�' :' SAN BERNARDINO COU.•!T.'•' � the entity upon behalf of which the person(s) Com.mslnn Expires Nov;:n;rr. ,: aoea •; acted,executed the instrument. WITNESS row hand and official seal. Place Now"seal Above Signet"or MCKWY Pudie OPTIONAL Though the Wormation below is not required by law,it may prove valuable to persons retying 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: Cgner's Name: Claimed by Signer's Name: ❑ Individual Top of thumb here D Corporate Officer—Title(s): ❑ Partner—D Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 1998(1aepW NgeryAtioCifllpr•9550 De Seto Aw.,P.O.eoe 2102•(awrgth,f:A 919194/92•r/ae.MliofaMtotarYer9 Prod No.WV Paordw..Cd R&Freo i4 008794M 2015-12 First American Title PROVIDED, this Grant of Easement is subject to the following terms and conditions: 1. This Grant of Easement is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which may affect said real property and the use of the word "Grant" herein shall not be construed as a covenant against the existence of any thereof. 2. Grantee agrees that any improvements or other property installed under the authority of this easement shall be well and safely maintained by Grantee at all times while this Grant of Easement is operative. 3. Grantee hereby agrees to save and hold harmless District and its department, agencies, officers or employees from all sums which District or any of its departments, agencies, gfficers, or employees may be obligated to pay by reason of any liability imposed on them for damages arising out of the performance of the services rendered by Grantee and cause by any error, omission or act of Grantee or any person employed by him or her or any others for whose acts Grantee is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation and reasonable attorney's fees. AS WELL AS District hereby agrees to save and hold harmless Grantee and its department, agencies, officers or employees from all sums which Grantee or any of its departments, agencies, officers, or employees may be obligated to pay by reason of any liability imposed on them for damages arising out of the performance of the services rendered by District and cause by any error, omission or act of District or any person employed by him or her or any others for whose acts District is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation and reasonable attorney's fees. 4. District reserves the right to use said real property in any manner, provided such use does not unreasonably interfere with Grantee's rights hereunder. No structures will be erected within the limits of this easement. 5. District reserves the right to require Grantee, at District's expense, to remove and relocate all improvements placed by grantee upon said real property, upon determination by District that the same interfere with future development of District's property. Within 180 days after 2015-12 First American Title District's written notice and demand for removal and relocation of the improvements, Grantee shall remove and relocate the improvements to a feasible location on the property of District, as designated by District and District shall furnish Grantee with an easement in such new location, on the same terms and conditions as herein stated, all without cost to Grantee, and Grantee thereupon shall reconvey to District the easement herein granted. 2015-12 First American Title Certificate of Acceptance This is to certify that the interest in real property 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 to the recordation thereof by its duly authorized officer. CITY OF SAN BERNARDINO By City Clerk ' Date: ��"•�6' 6 3 2015-12 First American Title ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of San Bernardino Gutierrez Gu On 1!lovember 26, 2003 before me, David N. lvaruRY, (DATE, personally appeared Sandra Medina slGNERM [� personally known to me - OR - ❑ 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. D VID M.GUTIERRE2 WITNESS my hand and official seal. Comm.11363195 wotanv 6MUM cwfol N son e�Wa� �.,� � At IAy Com E� t .VOTARY'S SKlNATURE OPTIONAL INFORMATION The information below is not required by law. However,it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT mt.Els! ❑ PARTNER(S) NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT a NAMEOF PFRSONlSlOR ENTRY(IE51 OF 5 SIGNER o APA 5/99 VALLEY-SIERRA.NO.362-7364 2015-12 First American Title EXHIBIT"A" WATER EASEMENT LEGAL DESCRIPTION THOSE PORTIONS OF LOTS 136, 139, 143, SCOTT STREET (VACATED), MISSION DRIVE (VACATED), AND RICHARDSON AVENUE (VACATED) IN JUNIOR COLLEGE HEIGHTS, TRACT NO. 2227, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, FEBRUARY 8, 1927, TOGETHER WITH THOSE PORTIONS OF LOTS 33 AND 34, BLOCK 54 OF RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 120 OF SAID JUNIOR COLLEGE HEIGHTS TRACT NO. 2227, SAID CORNER BEING THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY-LINE OF SCOTT STREET AND THE NORTHERLY RIGHT-OF-WAY LINE OF GRANT AVENUE AS INDICATED ON THE MAP OF SAID TRACT NO. 2227; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SCOTT STREET NORTH,38.00 FEET TO A POINT ON THE CURRENT NORTHERLY RIGHT-OF-WAY OF GRANT AVENUE AS DEDICATED IN DOCUMENT RECORDED APRIL 18, 1963 ON PAGE 420, BOOK 5802 OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY;THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE,10 °56'00' E , 7.05 FEET TO THE TRUE POINT OF BEGINNING;THENCE NORTH 00°10 WEST, 17.07 FEET; THENCE NORTH 44°34'40" WEST, 47.25 FEET; THENCE SOUTH 89 057'53" WEST, 94.62 FEET; THENCE NORTH 47°36'18" WEST, 294.54 FEET; THENCE NORTH 23 044118" WEST, 57.64 FEET; THENCE NORTH 00°06'57" EAST, 148.64 FEET; THENCE NORTH 44°53'03" WEST, 4.24 FEET: THENCE NORTH 00 006157" EAST 67.32 FEET; THENCE SOUTH 89°53'03" EAST, 8.00 FEET: THENCE NORTH 00 006'57" EAST, 15.00 FEET; THENCE NORTH 89°53'03" WEST 8.00 FEET; THENCE NORTH 00°06`57" EAST, 269.81 FEET; THENCE SOUTH 89°56'33" WEST, 313.74 FEET TO A POINT ON THE EASTERLY LINE OF AN EXISTING 15 FOOT WIDE WATER EASEMENT REFERENCED AS CWD FILE NO.4202;THENCE ALONG SAID EASTERLY LINE OF SAID EASEMENT SOUTH 00 004103" WEST 12.00 FEET;THENCE LEAVING SAID EASEMENT LINE,NORTH 89°56'33" EAST, 288.73 FEET; THENCE SOUTH 00°06'57" WEST, 270.24 FEET; THENCE NORTH 89 053'03" WEST, 17.00 FEET; THENCE SOUTH 00°06'57" WEST 10.00 FEET; THENCE SOUTH 89°53'03" EAST, 17.00 FEET; THENCE SOUTH 00 006'57" WEST, 70.17 FEET; THENCE SOUTH 44°53'03" EAST 4.24 FEET; THENCE SOUTH 00 006'57" WEST, 143.57 FEET; THENCE SOUTH 23°44'18" EAST 35.70 FEET; THENCE SOUTH 66°15'42" WEST, 12.00 FEET; THENCE SOUTH 23 044'18" EAST 17.50 FEET; THENCE NORTH 66°15'42" EAST, 12.00 FEET; THENCE SOUTH 23 044'18" EAST, 15.00 FEET; THENCE SOUTH 47°36'18" EAST, 2015-12 First American Title 309.52 FEET; THENCE NORTH 89°57'53" EAST 93.86 FEET; THENCE SOUTH 44°34'40" EAST, 26.58 FEET; THENCE SOUTH 00°10'36" EAST, 6.82 FEET TO A POINT ON SAID CURRENT NORTHERLY RIGHT-OF-WAY LINE OF GRANT AVENUE; THENCE ALONG SAID CURRENT NORTHERLY RIGHT-OF-WAY LINE NORTH 89 056100" EAST 25.00 FEET TO THE TRUE POINT OF BEGINNING. Q�pND S(J �u2� Z`DWAA0 RL�1 J Elp,W30 04 G.HOWARD DYE,L.S.4068 OF DATED. SEPTEMBER 18,2003 SASN1PES\S8039x\Lcga1 Descrip6on.doc 2015-12 First American Title � t Q 's8s Oaa3H 's's'8 e�'si2a8'8 6R888ii 8Sg' I W h- nnn � � o oa viei o r no o Q J Z $ RS "rl O° ^n '3F "dn"dodb7 ^n3Li2 ^n263 ,"I1gS"r0O"�1S 'R8 I' .R°X ^nR: BLi$ C38�"+Iffisi3,7R 8�.4588 "+18i ^'Y =S�� JG° S TTI 1 . 1 1 T:T TT 1 1 . 1 1 . 1 1 1 1 i I I,iT� Illllilllillll l ill IIII IT R ui I011Q1 l I f I I lolol l , I I I Iml 1 LJ I H 1� LJ �11 J L L1 1LII�L 1 1 O T - „ ,P I z M W W in �-- J _-� _----- I� L-L W N Co /W ( T I ftY Z W St I s o L � I 0 �l� ��T H � I -- 71m I � 17- 7' ���ao•*r 3 N L I I r TI —r TI T TI I I»t 2015-12 First American Title ,E_SP ?AN_ZA_ S 2E:EjJ�.�____� -- -� —}'j�I•`' '��''J ��`O, 1 ��-f +IIfY�u1;!�Ilill.�9d•�—lam�"_-': ��� :W: dE �e1�?NARDIr�o'VAUou.Ec� 1 Y �;, !•,��� :.� , ,�-�--:�� �r.._.-� ill i t `� ;• •.i� -�`�'_ j y! .•�j ly`'_`i/ 14 y I 1-II4 �I I FIR , sTl1DENf WEALTH SERy , III ��'�•. � o.��• �; - - ..1 I ao:� III il'i, !\ _ ^i'—'��...-.,d�; �' �_.P°� �`\� '•,� y � '.�'�'. � � % � � .� ".��! '!;!,,•�, :li =�..�, •�U,` ,.'= ;�•; ip � >.i— 1 .•r.,_.: +..�„•�.�.--•-• �• 'c' �Z v'/. •gin �, � iv ::C 111+ _ J ra yap :.•, •7 w7 �zs .�n lfjJ L:• an•�,j t�n:j�.�1 nL:v_ {.,.I. •— '.fj-....mot. •�T�{I..:•�1i-{�.'i'rf:T l.'1�11•J Il•i l(':Z�•_ �+�••-...���.- - � "ti ..i `s` i .it i :^I::?T7'lTf�:':T�.�I���i' �I;, _i�nr•. ;�•:L� �T!:T�tiTT'�?St�.:l"7aI,I;PT"'Yy; i.Q�(...�-----'' .�. � — +r_ N -5 D- VICINITY MAP No SCALE 2015-12 First American Title Recorded In Official Records,County of San Bernardino 50120W LARRY WALKER 12:28 PM Auditor/Controller — Recorder SR 0 RECORDING REQUESTED BY: P Counter and WHEN RECORDED MAIL TO: Dock 2004-0379000 Titles: t Pages: t Fees 0.00 Taxes 0.00 Stacey Aldstadt, Deputy General Manager City of San Bernardino Municipal Water Dept. PAID 119.00 P.O. Box 710 San Bernardino, CA 92402 NO FEE PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE THIS LINE FOR ROCORDER'S USE GRANT OF EASEMENT This Grant of Easement is entered into by and between the San Bernardino Community College District called District, and the City of San Bemardino, hereinafter called Grantee. District in consideration of the mutual promises contained herein, and the public benefit provided, hereby grant unto Grantee, its successors and assigns, an easement to locate, relocate, construct, reconstruct, maintain, alter, enlarge, inspect, repair and replace underground pipelines for the.transportation of water, and all pipes, conduits, manholes, structures and, equipment necessary or convenient thereto, on, under and across that certain real property described and shown on Exhibit"A", attached hereto and by this reference.made a part hereof. THIS EASEMENT IS BEING GRANTED SUBJECT TO THE CONDITIONS ON PAGE 2 AND MADE A PART HEREOF. Date a/ i APPROVED: San Bernardino Community College District Print Name Raymond G. Eberhard Print Title Director of Faci l i tes 2015-12 First American Title CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I: State of California ,n Y ss. Count of J I: On before me, ,4 , Wte Y I itle of r .g„•ane Doe, Public*) personally appeared Name(s) Slgnertel ' G-personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(er whose nameor is/ard subscribed to the within instrument and + — MARY WARD acknowledged to me that he/ /try executed Cornmkdwn;Y 1457067 the same in his/W/ter authorized Notary Pub10-Ccotomla capacity(ieo, and that by his/becr/lWir San Bernardino County signatureW on the instrument the person*,or M►cumin BooD80112007 the entity upon behalf of which the personI acted, executed the instrument. WITNES!S0 hand and official seal, Place Notary Seal Above signature of Notary Public OPTIONAL Though the information 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 /:/,"� �� v Document Date: 41` Number of Pages: l' Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: t' I� O 1999 Nalbmd Notary Assodetlai•9359 Do Sao Are..P.O.Box 2492•Chetw'oM.CA91313.2402•ryww.raOamBw",wo Prod.No.5997 Raved-.Cal Ta9Free 1.8004768827 'I 2015-12 First American Title PROVIDED, this Grant of Easement is subject to the following terms and conditions: 1• This Grant of Easement is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which may affect said real property and the use of the word "Grant" herein shall not be construed as a covenant against the existence of any thereof. 2. Grantee agrees that any improvements or other property installed under the authority of this easement shall be well and safely maintained by Grantee at all times while this Grant of Easement is operative. 3. Grantee hereby agrees to save and hold harmless District and its department, agencies, officers or employees from all sums which District or any of its departments, agencies, officers, or employees may be obligated to pay by reason of any liability imposed on them for damages arising out of the performance of the services rendered by Grantee and cause by any error, omission or act of Grantee or any person employed by him or her or any others for whose acts Grantee is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation and reasonable attorney's fees. AS WELL AS District hereby agrees to save and hold harmless Grantee and its department, agencies, officers or employees from all sums which Grantee or any of its departments, agencies, officers, or employees may be obligated to pay by reason of any liability imposed on them for damages arising out of the performance of the services rendered by District and cause by any error, omission or act of District or any person employed by him or her or any others for whose acts District is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation and reasonable attorney's fees. 4. District reserves the right to use said real property in any manner, provided such use does not unreasonably interfere with Grantee's rights hereunder. No structures will be erected within the limits of this easement. 5. District reserves the right to require Grantee, at District's expense, to remove and relocate all improvements placed by Grantee upon said real property, upon determination by District that the same interfere with future development of District's property. Within 180 days after 2015-12 First American Title District's written notice and demand for removal and relocation of the improvements, Grantee shall remove and relocate the improvements to a feasible location on the property of District, as designated by District and District shall furnish Grantee with an easement in such new location, on the same terms and conditions as herein stated, all without cost to Grantee, and Grantee thereupon shall reconvey to District the easement herein granted. i i i i 2015-12 First American Title EXHIBIT"A" WATER EASEMENT LEGAL DESCRIPTION THOSE PORTIONS OF LOT 33, BLOCK 54 OF RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS: PARCEL "C" COMMENCING AT THE SOUTHWEST CORNER OF LOT 120 OF SAID JUNIOR COLLEGE HEIGHTS TRACT NO. 2227, SAID CORNER BEING THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF SCOTT STREET (VACATED) AND THE NORTHERLY RIGHT-OF-WAY LINE OF GRANT AVENUE AS INDICATED ON THE MAP OF SAID TRACT NO. 2227; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SCOTT STREET (VACATED) NORTH, 38.00 FEET TO A POINT ON THE CURRENT NORTHERLY RIGHT-OF-WAY OF GRANT AVENUE AS DEDICATED IN DOCUMENT RECORDED APRIL 18, 1963 ON PAGE 420, BOOK 5802 OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY; THENCE ALONG SAID NORTHERLY RIGHT- OF-WAY LINE, SOUTH 89°56100" WEST, 7.05 FEET, SAID POINT BEING THE MOST SOUTHEASTERLY POINT ON THE BOUNDARY OF THE EASEMENT FOR PIPELINES GRANTED TO THE CITY OF SAN BERNARDINO, RECORDED NOVEMBER 26, 2003 AS DOCUMENT 2003-0887408; THENCE ALONG THE BOUNDARY OF SAID PIPELINE EASEMENT NORTH 00°10'36" WEST, 17.07 FEET; THENCE NORTH 44°34'40" WEST, 47:25 FEET; THENCE SOUTH 89°57'53" WEST, 94.62 FEET; THENCE NORTH 47°36'18" WEST, 294.54 FEET; THENCE NORTH 23 044'18" WEST, 57.64 FEET; THENCE NORTH 00 106'57" EAST, 148.64 FEET; THENCE NORTH 44°53'03" WEST, 4.24 FEET: THENCE NORTH 00°06'57" EAST 67.32 FEET;THENCE SOUTH 89°53'03" EAST, 8.00 FEET: THENCE NORTH 00°06'57" EAST, 15.00 FEET; THENCE NORTH 89°53'03" WEST 8.00 FEET; THENCE NORTH 00 006'57" EAST, 269.81 FEET; THENCE SOUTH 89°56'33" WEST, 313.74 FEET TO A POINT ON THE EASTERLY LINE OF AN EXISTING 15 FOOT WIDE WATER EASEMENT REFERENCED AS CWD FILE NO. 4202; THENCE ALONG SAID EASTERLY LINE OF SAID EASEMENT NORTH 00 004'03" EAST, 79.14 FEET, SAID POINT BEING REFERRED HEREIN AS POINT "Y"; THENCE NORTH 88 055'57" WEST, 15.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID EASEMENT, SAID POINT BEING THE TRUE POINT OF 13EGINNING OF PARCEL "C"; THENCE CONTINUING NORTH 88°55'57" i WEST, 10.00 FEET; THENCE SOUTH 00°04'03" WEST, 10.00 FEET; THENCE SOUTH 88 055157" EAST, 10.00 FEET TO THE WESTERLY LINE OF SAID z EASEMENT; THENCE ALONG THE WESTERLY LINE OF SAID EASEMENT i E i 2015-12 First American Title NORTH 00°04'03" EAST, 10.00 FEET TO THE TRUE POINT OF BEGINNING OF PARCEL "C". PARCEL"D" BEGINNING AT POINT "Y" DESCRIBED IN PARCEL "C" ABOVE; THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID EXISTING 15 FOOT WIDE WATER EASEMENT REFERENCED AS CWD FILE NO. 4202 NORTH 00 004'03"EAST, 160.12 FEET, SAID POINT BEING REFERRED HEREIN AS POINT "Z" AND ALSO THE TRUE POINT OF BEGINNING OF PARCEL "D"; THENCE SOUTH 88 055'57" EAST, 20.00 FEET; THENCE NORTH 00°04'03" EAST, 16.00 FEET; THENCE NORTH 88°55'57" WEST, 20.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID EASEMENT; THENCE ALONG THE EASTERLY LINE OF SAID EASEMENT SOUTH 00°04'03" WEST, 16.00 FEET TO SAID POINT "Z" AND THE TRUE POINT OF BEGINNING OF PARCEL "D". PARCEL"E" BEGINNING AT POINT "Z" DESCRIBED IN PARCEL "D" ABOVE; THENCE I ALONG THE EASTERLY LINE OF SAID EXISTING 15 FOOT WIDE WATER EASEMENT REFERENCED AS CWD FILE NO. 4202 NORTH '00 004'03" EAST, 43.65 FEET, SAID POINT BEING REFERRED HEREIN AS POINT "Q"; THENCE NORTH 88 055'57" WEST, 15.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID EASEMENT, SAID POINT BEING THE TRUE POINT OF BEGINNING OF PARCEL "E"; THENCE CONTINUING NORTH 88°55'57" WEST, 30.00 FEET; THENCE NORTH 00 004'03" EAST, 20.00 FEET; THENCE SOUTH 88°55'57" EAST, 30.00 FEET TO THE WESTERLY LINE OF SAID EASEMENT; THENCE ALONG THE WESTERLY LINE OF SAID EASEMENT SOUTH 00 004'03" WEST, 20.00 FEET TO THE TRUE POINT OF BEGINNING OF PARCEL "E i G. HOWARD DYE z �° c� ! DATED: APRIL 15,2004 t i i f `t I E f I I' E 2015-12 First American Title I Certificate of Acceptance This is to certify that the interest in real property 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 to the recordation thereof by its duly authorized officer. CITY OF SAN BERNARDINO By. i City Clerk Date: i I 1 l i l 1 f f 6 t ([1 I 4 t f t t i t C t ,I I 2015-12 First American Title I ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of San Bernardino On May 25, 2004 before me, David M:- Gutierrez , IDAIE (NWARYi personally appeared Linda Hartzel; Deputy City Clerk for Rachel Clark, City Clerk SIGNER/SV ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i is/are subscribed to the within instrument and iacknowledged 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 _ DAVID M. GUTIERREZ Comm.11363196 WITNESS my hand and official seal. i N NOTARY PAIL-cAUt W N sen aereedne CNN" My Comm Exor"J% \OTARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However.it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TME(S) ❑ PARTNER(S) ❑ NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(SIOft ENrITY(IES) OF E SIGNER S APA 5199 VALLEY-SIERRA.500-362.3369 2015-12 First American Title -8 vi r O PO!ff!'!;Nin �i F- I"1'1, rrrrrrrrrt ;i :;a Ld M !R LJ z LO w U I Ll I Ll a w - v A LS T- —T 0 > 4 Ma > < 0) 1 @1 Z Cr w rUJ z GO 0 D U- 0 2,It, ts, z w w 0) < w cc w 'to r< ---®i-=-�-� A7 ,f-p-r.- Al r ;r .,A:r .� I. � , r._ r' I O --- -------- - 1)