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HomeMy WebLinkAbout2015-209 I RESOLUTION NO. 2015-209 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF THREE 3 QUITCLAIM DEEDS FOR STREET AND HIGHWAY PURPOSES WITHIN 4 COUNTY OF SAN BERNARDINO JURISDICTION FOR PORTIONS OF THE PALM AVENUE GRADE SEPARATION PROJECT. 5 WHEREAS, on September 22, 2009, the County of San Bernardino Board of 6 7 Supervisors approved the City of San Bernardino's request to allow the acquisition of right- 8 of-way easements along Palm Avenue pursuant to Streets and Highways Code Section 1810, 9 which states: 10 "A city may acquire, by purchase or eminent domain, property outside its 11 12 boundaries in the unincorporated area of the county in which the city is located, if it is 13 necessary to connect or widen the existing streets of the acquiring city and if the county 14 consents to the acquisition. The portion of the acquired property used to connector widen a 15 city street shall be deemed a city street for all purposes. " 16 17 WHEREAS, the San Bernardino County Transportation Commission 18 (COMMISSION) and the San Bernardino County Associated Governments (SANBAG) 19 entered into a Right-of-way Cooperative Agreement with the City of San Bernardino for the 20 acquisition of all right-of-way required for the Palm Avenue Grade Separation project; 21 22 WHEREAS, the COMMISSION and SANBAG acquired the right-of-way for the 23 project and pursuant to the Cooperative Agreement, the City will accept all acquired right- 24 of-way upon completion of construction. 25 26 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 27 CITY OF SAN BERNARDINO AS FOLLOWS: 28 1 I SECTION 1. The City Clerk of the City of San Bernardino is hereby authorized 2 and directed to accept on behalf of the City, two (2) Quitclaim Deeds for street and highway 3 purposes from the San Bernardino County Transportation Commission (COMMISSION) and 4 one (1) Quitclaim Deed for street and highway purposes from the San Bernardino County 5 6 Associated Governments (SANBAG), copies of which are attached hereto collectively as 7 Attachment "1" and incorporated herein, relative to the Palm Avenue Grade Separation 8 Project. 9 SECTION 2. The City Clerk is hereby directed to file, or cause to be filed, 10 11 executed and notarized copies of said quitclaim deeds with the County Recorder of San 12 Bernardino County. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF THREE QUITCLAIM DEEDS FOR STREET AND HIGHWAY PURPOSES WITHIN COUNTY OF SAN 3 BERNARDINO JURISDICTION FOR PORTIONS OF THE PALM AVENUE GRADE 4 SEPARATION PROJECT. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 7 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on 8 the 21"day of September, 2015, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 11 MARQUEZ X 12 BARRIOS X 13 VALDIVIA X 14 SHORETT X 15 NICKEL X 16 17 JOHNSON X 18 MULVIHILL X 19 �— 20 Georgea Hanna, C NKC, City Clerk 21 The foregoing resolution is hereby approved this c j day of Septem , , 2015. 22 4a , 23 2, 24 R. CAREY , AVIS, Mayor City of San Bernardino 25 Approved as to form: 26 GARY D. SAENZ, City Attorney 27 By A 28 3 1 2 ATTACHMENT 441" 3 4 -Three (3) Quitclaim Deeds- 5 6 7 8 [see attached] 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 2015--209 1`w—k C'L �I (,lQ� Recorded in Official Records, County of San Bernardino 1011312015 - BOB DUTTON 2:28 Pm RECORDING REQUESTED BY: caVi<JC City of San Bernardino a k "K&M ASSESSOR — RECORDER — CLERK SAN WHEN RECORDED MAIL TO: �YTM P Counter City of San Bernardino 300 N.D Street,3rd Floor DOC#: 2015-0444830 Titles: 1 Pages: 22 San Bernardino,CA 92418 Fees 0.00 Taxes 0.00 Attn.: Ryan RECORDER: Sandoval Other 0.00 Record without fee subject to Govt.Code 6103 PAID ie.ea UNINCORPORATED AREA QUITCLAIM DEED DOCUMENT TRANSFER TAX$0.00 APN: 0266-011-13 For a valuable consideration, receipt of which is hereby acknowledged, the SAN BERNARDINO COUNTY ASSOCIATED GOVERNMENTS (hereinafter"SANBAG"), does hereby REMISE,RELEASE and QUITCLAIM to CITY OF SAN BERNARDINO, a California municipal corporation, all of the SANBAG's rights,title and interests in the easement(s)obtained in the EASEMENT AGREEMENT,recorded March 6, 2013 as Document No. 2013-0094645 of Official Records in the County of San Bernardino,a copy of which is attached hereto as EXHIBIT 111"and made a part hereof, lying within that certain real property in the County of San Bernardino, State of California, described in Exhibit A to said EASEMENT AGREEMENT. San Bernardino County Associated Governments By: Raymond Wolfe,Ph ,Executive Director Date: Township Range Section Geo Index: Sect.: Quad.: Road Name(s) : Palm Avenue Project Name : Palm Avenue Grade Separation A.P.N. (s) : 0266-011-13 (ptn) MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE Not Applicable Name Street Address City& State 2015-209 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ci h�i,i ^"rt^.�M,rV[`'Y.c(`"c!`i*Y^n^Mt�C`,nC'^l ia�i+n++.r'K>.r^!•,rA.r^A.rYr.K.cv^.in:yr�t'+:.^e.� 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 50-v\ �c t v��r d•✓t'J ) On Jc?je`vb er 3, �0I5 before me, A u nL,,Lj - Date Here Insert Nam and Title of he Officer personally appeared C - -Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,s'j whose namely is/are- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/*erftheir authorized capacity(ice),and that by his/bw/th&signatureA on the instrument the person(41 or the entity upon behalf of which the person(4 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. ANNA ALDANA WITNESS my hand and official seal. Commission#2013145 -r' - Notary Public-California > Signature i San Bernardino County My Comm.Expires Mar 18,2017+ Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑Limited ❑ General ❑Partner — ❑Limited ❑General ❑ Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ... .. .... ... ... .. ... .. . ... . ©2014 National Notary Association •www.NationalNotary.org- 1-800-US NOTARY(1-800-876-6827) Item#5907 2015-209 ACCEPTANCE This is to certify that the interest in the real property conveyed by the within instrument to the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council, and grantee consents to the recordation thereof by its duly authorized officer. CITY OF SAN BERNARDINO By: Z � City Clerk Date: 2015-209 EXHIBIT 661" -Easement Agreement- Document 42013-0094645 Recorded March 6,2013 [See Attached] 2015-209 Recorded In Official Records,County of San Bernardino 3/08/2013 DENNIS DRAEGER 1:00 PM Recording Requested by: H`0 ASSESSOR - RECORDER - CLERK NC Lawyers Title 867 SPL Title Services And when recorded mail to: Doc#: 2013—0094645 g Titles: 1 Pages: 18 Fees 0.00 San Bernardino County Transportation Commission Taxes 0.00 c/o SANBAG Other 0.00 1170 West Third Street,2nd Floor PAID $0.00 San Bernardino, CA 92410-1715 APN: 0266-011-13 2 Space above this line reserved for recorder's use Easement Agreement TITLE(S) �Ye� fK2Co►-�i h9 h !S n� F'n.str-v x '+ i S -o r— +ke �fI�F; - o f 7-) ` SSG n ,JZ r'n r-t r0(f 10 / c, n cj Ls -F ,'t(2 fa 6-e r� W.Ifp7ovf 41 , e.4L9— , 2015-209 EASEMENT AGREEMENT FOR PALM AVENUE OVERHEAD (C&M Agreement) THIS EASEMENT AGREEMENT FOR R4M AVENUE OVERHEAD ("Easement Agreement") is made and entered into as of the_7 day of_ eQ.Gee�/2 _201,1("Effective Date") by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), and SAN BERNARDINO ASSOCIATED GOVERNMENTS, a body corporate and politic of the State of California, hereinafter referred to as("Grantee"). A. Grantor owns or controls certain real property situated at or near the vicinity of San Bernardino, County of San Bernardino, State of California, at Mile Post 74+0340.05, as described or depicted on Exhibit "A" attached hereto and made a part hereof(the"Premises"). B. Gra r for and Grantee have entered into that certain Construction and Maintenance Agreement dated as of 861/Q / 100/A concerning improvements on or near the Premises (the"C&M Agreement"). C. Grantee has requested that Grantor grant to Grantee an easement over the Premises for the Easement Purpose(as defined below). D. Grantor has agreed to grant Grantee such easement, subject to the terms and conditions set forth in this Easement Agreement. NOW,THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein, the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1 Grantinq of Easement. 1.1 Easement Puroose. The "Easement Purpose" shall be for the purposes set forth in the C&M Agreement. Any improvements to be constructed in connection with the Easement Purpose are referred to herein as 'Improvements" and shall be constructed, located, configured and maintained by Grantee in strict accordance with the terms of this Easement Agreement and the C&M Agreement. 1.2 Grant. Grantor does hereby grant unto Grantee a non-exclusive easement ("Easement") over the Premises for the Easement Purpose and for no other purpose. The Easement is granted subject to any and all restrictions, covenants, easements, licenses, permits, leases and other encumbrances of whatsoever nature whether or not of record, if any, relating to the Premises and subject to all with all applicable federal, state and local laws, regulations, ordinances, restrictions, covenants and court or administrative decisions and orders, including Environmental Laws (defined below) and zoning laws (collectively, "Laws"),. Grantor may not make any alterations or improvements or perform any maintenance or repair activities within the Premises except in accordance with the terms and conditions of the C&M Agreement. 1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be exercised by Grantor and any other parties who may obtain written permission or authority from Grantor: (a) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any existing pipe, power, communication, cable, or utility lines and appurtenances and other facilities or structures of like character (collectively, "Lines") upon, over, under or across the Premises; (b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; and (c) to use the Premises in any manner as the Grantor in its sole discretion deems appropriate, provided Grantor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Grantee for the Easement Purpose. Form 7040verpass;Rev. 8/17/11 2 2015-209 Section 2 Term of Easement. The term of the Easement, unless sooner terminated under provisions of this Easement Agreement, shall be perpetual. The term of the Temporary Easement for parcel APN 0266-011- 13, shall begin on the Notice to Commence Construction date as set forth hereinafter in Article III, Section 18 and Section 12 (c) of the Construction and Maintenance Agreement and ends, unless sooner terminated under provisions of this Easement Agreement, on the earlier of (i) substantial completion of the Project, or (ii) Twenty Four(24) months following the Notice to Commence Construction. Section 3 No Warranty of Any Conditions of the Premises. Grantee acknowledges that Grantor has made no representation whatsoever to Grantee concerning the state or condition of the Premises, or any personal property located thereon, or the nature or extent of Grantor's ownership interest in the Premises. Grantee has not relied on any statement or declaration of Grantor, oral or in writing, as an inducement to entering into this Easement Agreement, other than as set forth herein. GRANTOR HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR CONDITION OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION, QUALITY, SAFETY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT AGREEMENT IN THE PREMISES IN AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" CONDITION, AND SUBJECT TO ALL LIMITATIONS ON GRANTOR'S RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has inspected or will inspect the Premises, and enters upon Grantor's rail corridor and property with knowledge of its physical condition and the danger inherent in Grantor's rail operations on or near the Premises. Grantee acknowledges that this Easement Agreement does not contain any implied warranties that Grantee or Grantee's Contractors(as hereinafter defined)can successfully construct or operate the Improvements. Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Grantor of the affected rail corridor, Grantor shall not be liable to refund Grantee any compensation paid hereunder. Section 5 Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee's sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner's written approval prior to so affecting the Other Improvements. Grantee must mark all Other Improvements on the Plans and Specifications and mark such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and abate any and all hazard of fire. Form 7040verpass;Rev. 8/17111 3 2015-209 Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes, assessments or other charges (collectively, "Taxes") levied or assessed upon the'Improvements by any governmental or quasi- governmental body or any Taxes levied or assessed against Grantor or the Premises that are attributable to the Improvements. Grantee agrees to purchase, affix and cancel any and all documentary stamps in the amount prescribed by statute, and to pay any and all required transfer taxes, excise taxes and any and all fees incidental to recordation of the Memorandum of Easement. In the event of Grantee's failure to do so, if Grantor shall become obligated to do so, Grantee shall be liable for all costs, expenses and judgments to or against Grantor, including all of Grantor's legal fees and expenses. Section 7 Environmental. 7.1 Compliance with Environmental Laws. Grantee shall strictly comply with all federal, state and local environmental Laws in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Toxic Substances Control Act(collectively referred to as the"Environmental Laws"). Grantee shall not maintain a "treatment," "storage," "transfer" or"disposal" facility, or"underground storage tank," as those terms are defined by Environmental Laws, on the Premises. Grantee shall not handle, transport, release or suffer the release of "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any Environmental Laws. 7.2 Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource Operations Center at(800) 832-5452 of any release of hazardous substances on or from the Premises, violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Grantee's use of the Premises. Grantee shall use its best efforts to promptly respond to any release on or from the Premises. Grantee also shall give Grantor immediate notice of all measures undertaken on behalf of Grantee to investigate, remediate, respond to or otherwise cure such release or violation. 7.3 Remediation of Release. In the event that Grantor has notice from Grantee or otherwise of a release or violation of Environmental Laws which occurred or may occur during the term of this Easement Agreement, Grantor may require Grantee, at Grantee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises. If during the construction or subsequent maintenance of the Improvements, soils or other materials considered to be environmentally contaminated are exposed, Grantee will remove and safely dispose of said contaminated soils. Determination of soils contamination and applicable disposal procedures thereof, will be made only by an agency having the capacity and authority to make such a determination. 7.4 Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or activities upon the Premises known to Grantee which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of any obligation whatsoever imposed on it by this Easement Agreement. Grantee shall promptly respond to Grantor's request for information regarding said conditions or activities. 7.5 Evidence of Compliance. Grantee agrees periodically to furnish Grantor with proof satisfactory to Grantor that Grantee is in compliance with this Section 7. Should Grantee not comply fully with the above- stated obligations.of this Section 7, notwithstanding anything contained in any other provision hereof, Grantor may, at its option, terminate this Easement Agreement by serving five (5) days' notice of termination upon Grantee. Upon termination, Grantee shall remove the Improvements and restore the Premises as provided in Section 9. Section 8 Default and Termination. 8.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's Contractors, fails to properly perform its obligations under this Easement Agreement, Grantor, in its sole discretion, may: (i) seek specific performance of the unperformed obligations, or (ii) at Grantee's sole cost, may arrange for the performance of such work as Grantor deems necessary for the safety of its rail operations, activities and property, or to avoid or remove any interference with the activities or property of Grantor, or anyone or anything present on the rail Form 7040verpass;Rev. 8/17/11 4 2015-209 corridor or property with the authority or permission of Grantor. Grantee shall promptly reimburse Grantor for all costs of work performed on Grantee's behalf upon receipt of an invoice for such costs. Grantor's failure to perform any obligations of Grantee or Grantee's Contractors shall not alter the liability allocation set forth in this Easement Agreement. 8.2 Abandonment. Grantor may, at its option, terminate this Easement Agreement by serving five (5) days' notice in writing upon Grantee if Grantee should abandon or cease to use the Premises for the Easement Purpose. Any waiver by Grantor of any default or defaults shall not constitute a waiver of the right to terminate this Easement Agreement for any subsequent default or defaults, nor shall any such waiver in any way affect Grantor's ability to enforce any section of this Easement Agreement. 8.3 Effect of Termination or Expiration. Neither termination nor expiration will release Grantee from any liability or obligation under this Easement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date the Premises are restored as required by Section 9. 8.4 Non-exclusive Remedies. The remedies set forth in this Section 8 shall be in addition to, and not in limitation of, any other remedies that Grantor may have under the C&M Agreement, at law or in equity. Section 9 Surrender of Premises. 9.1 Removal of Improvements and Restoration. Upon termination of this Easement Agreement, whether by abandonment of the Easement or by the exercise of Grantor's termination rights hereunder, Grantee shall, at its sole cost and expense, immediately perform the following: (a) remove all or such portion of Grantee's Improvements and all appurtenances thereto from the Premises, as Grantor directs at Grantor's sole discretion; (b) repair and restore any damage to the Premises arising from, growing out of, or connected with Grantee's use of the Premises; (c) remedy any unsafe conditions on the Premises created or aggravated by Grantee; and (d) leave the Premises in the condition which existed as of the Effective Date. 9.2 Limited License for Entry_ If this Easement Agreement is terminated, Grantor may direct Grantee to undertake one or more of the actions set forth above, at Grantee's sole cost, in which case Grantee shall have a limited license to enter upon the Premises to the extent necessary to undertake the actions directed by Grantor. The terms of this limited license include all of Grantee's obligations under this Easement Agreement. Termination will not release Grantee from any liability or obligation under this Easement Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination, or, if later, the date when Grantee's Improvements are removed and the Premises are restored to the condition that existed as of the Effective Date. If Grantee fails to surrender the Premises to Grantor upon any termination of the Easement, all liabilities and obligations of Grantee hereunder shall continue in effect until the Premises are surrendered. Section 10 Liens. Grantee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Grantee on the Premises or attributable to Taxes that are the responsibility of Grantee pursuant to Section 6. Grantor is hereby authorized to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by Law to prevent the attachment of any such liens to any portion of the Premises; provided, however, that failure of Grantor to take any such action shall not relieve Grantee of any obligation or liability under this Section 10 or any other section of this Easement Agreement. Section 11 Tax Exchange. Grantor may assign its rights (but not its obligations) under this Easement Agreement to Goldfinch Exchange Company LLC, an exchange intermediary, in order for Grantor to effect an exchange under Section 1031 of the Internal Revenue Code. In such event, Grantor shall provide Grantee with Form 704Overpass;Rev. 8/17/11 5 2015-209 a Notice of Assignment, attached as Exhibit "C-1", and Grantee shall execute an acknowledgement of receipt of such notice. Section 12 Notices. Any notice required or permitted to be given hereunder by one party to the other shall be delivered in the manner set forth in the C&M Agreement. Notices to Grantor under this Easement shall be delivered to the following address: BNSF Railway Company, Real Estate Department, 2500 Lou Menk Drive, Ft. Worth, TX 76131, Attn: Permits, or such other address as Grantor may from time to time direct by notice to Grantee. Section 13 Recordation. It is understood and agreed that this Easement Agreement shall not be in recordable form and shall not be placed on public record and any such recording shall be a breach of this Easement Agreement. Grantor and Grantee shall execute a Memorandum of Easement in the form attached hereto as Exhibit "13-1" (the "Memorandum of Easement") subject to changes required, if any, to conform such form to local recording requirements. The Memorandum of Easement shall be recorded in the real estate records in the county where the Premises are located. If a Memorandum of Easement is not executed by the parties and recorded as described above within 30 days of the Effective Date, Grantor shall have the right to terminate this Easement Agreement upon notice to Grantee. Section 14 Miscellaneous. 14.1 All questions concerning the interpretation or application of provisions of this Easement Agreement shall be decided according to the substantive Laws of the State of California without regard to conflicts of law provisions. 14.2 In the event that Grantee consists of two or more parties, all the covenants and agreements of Grantee herein contained shall be the joint and several covenants and agreements of such parties. This instrument and all of the terms, covenants and provisions hereof shall inure to the benefit of and be binding upon each of the parties hereto and their respective legal representatives, successors and assigns and shall run with and be binding upon the Premises. 14.3 If any action at law or in equity is necessary to enforce or interpret the terms of this Easement Agreement, the prevailing party or parties shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party or parties may be entitled. 14.4 If any provision of this Easement Agreement is held to be illegal, invalid or unenforceable under present or future Laws, such provision will be fully severable and this Easement Agreement will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this Easement Agreement a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 14.5 This Easement Agreement is the full and complete agreement between Grantor and Grantee with respect to all matters relating to Grantee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Grantee's use of the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Grantee or Grantee's obligation to defend and hold Grantor harmless in any prior written agreement between the parties. 14.6 Time is of the essence for the performance of this Easement Agreement. ADMINISTRATIVE FEE 15. Grantee acknowledges that a material consideration for this agreement, without which it would not be made, is the agreement between Grantee and Grantor, that the Grantee shall pay upon return of this Agreement signed by Grantee to Grantor's Broker a processing fee in the amount of$2,000.00 over and above the agreed upon Acquisition Price. Said fee shall be made payable to BNSF Railway Company by a separate check. Form 704Overpass;Rev. 8/17/11 6 2015-209 Witness the execution of this Easement Agreement as of the date first set forth above. GRANTOR: BNSF RAILWAY COMPANY, a Delaware corporation By: Name: R Title: GRANTEE: SAN BERNARDINO ASSOCIATED GOVERNMENTS, a body corporate and politic of the State of California By: Name: Janice Rutherford Title: President-Board of Directors Form 7040verpass;Rev. 8/17/11 7 2015-209 EXHIBIT "A" To Easement Agreement Premises — 2015-209 Coast Surveying,Inc. EXHIBIT October 6,2011 Page 1-6 LEGAL DESCRIPTION APN 0266-011-13 THAT PORTION OF GOVERNMENT LOT 37, RANCHO MUSCUPIABE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 23 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF PALM AVENUE (64 FEET WIDE) AND THE NORTHEASTERLY RIGHT OF WAY LINE OF THE B.N.S.F. RAILROAD (150 FEET WIDE) (FORMERLY A.T. & S.F. R.R.)AS SHOWN ON A MAP FILED IN BOOK 84, PAGE 28 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE NORTH 38°54'04"WEST 211.63 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY LINE SOUTH 51 005'32' WEST 150.00 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID RAILROAD; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 38 054'04" WEST 60.50 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 51 005'32" EAST 150.00 FEET TO SAID NORTHEASTERLY RIGHT OF WAY LINE;THENCE ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE SOUTH 38°54'04"EAST 60.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 9,075 SQUARE FEET,MORE OR LESS, ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 61t DAY OF OCTOBER,2011. \,AND Ae'141V,2(� y�0 DEL SGpL • GWEN-VERA DEL CASTILLO, PLS 5108 '!'�, L.S. 5108 0 F CAO���? I I I 1 I 1N 108078 I 2015-209 EXHIBIT*Al.' Page 2-6 PTH. GOV. LOT 37 RAHCHo �yo o (► uscuG°0A d E ,O M.D.0 7/23 o� R.S. 84128 � � 4q• 90 3 4 P G� Q� 2 P.O.0 J- 01, 902 SEARING DISTANCE \ 1 S 51.05' 32'W 150- 001 i 2 N38.54' 04'W 60. 50' 3 N51'05' 32'E 150. 00' 4 S38.54' 04'E 60. 50' 5 N38'54' 04'W 211. 63' P��p1 i (90 0 i�//4�OGO/ L9�O 0l i � A C 41\�J�\O� /Q cr0 JOB 108-078 OATS: 10-6-11 EX H I SCALE: 1'-100' COAST SURVEYING, INC. 15031 PARKWAY LOOP, SUITE 6 SHEET 1 OF 1 AP 0266-011-13 TUSTIN, CA 92780-6527 Ott) 916-62" 2015-209 Coast Survcying,Inc. EXHIBIT"A" March 23.2012 Page 3-6 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT APN 0266-011-13 THOSE PORTIONS OF GOVERNMENT LOT 37, RANCHO MUSCUPIABE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7, PAGE 23 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: ARCEL COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF PALM AVENUE(64 FEET WIDE) AND THE NORTHEASTERLY RIGHT OF WAY LINE OF THE B.N.S.F. RAILROAD (150 FEET WIDE) (FORMERLY A.T. &S.F. R.R.) AS SHOWN ON A MAP FILED IN BOOK 84, PAGE 28 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 38 054'04"WEST 138.62 FEET ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY LINE SOUTH 61 005'32" WEST 160.00 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID RAILROAD; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 38°64'04' WEST 73.01 FEET; THENCE LEAVING SAID SOUTHWESTERLY RIGHT OF WAY LINE NORTH 51 005'32' EAST 150.00 FEET TO SAID NORTHEASTERLY RIGHT OF WAY LINE; THENCE ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE SOUTH 38"64'04"EAST 73.01 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 10,951 SQUARE FEET,MORE OR LESS. PARCEL B COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF PALM AVENUE(64 FEET WIDE) AND THE NORTHEASTERLY RIGHT OF WAY LINE OF THE B.N.S.F. RAILROAD (150 FEET WIDE) (FORMERLY A.T. & S.F. R.R.) AS SHOWN ON A MAP FILED IN BOOK 84, PAGE 28 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 38°54'04"WEST 272.13 FEET ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY LINE SOUTH 61 005'32' WEST 150.00 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID RAILROAD; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 38 054'04"WEST 88.51 FEET; THENCE LEAVING SAID SOUTHWESTERLY RIGHT OF WAY LINE NORTH 51 005'324 EAST 150.00 FEET TO SAID NORTHEASTERLY RIGHT OF WAY LINE; THENCE ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE SOUTH 38 954'04"EAST 88.51 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 13,277 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 28TH DAY OF MARCH,2012. LAND y�� DEL SLR` o 1r ' I GWEN-VERA DEL CASTILLO, PLS 6108 v'.� L.S. 5108 9r�OF CAL��O�2 1 )N 108078 -- -- - - 2015-209 EXHIBIT"A' Page 4.6 PITH. GOV. LOT RANCHO � H.B.0 7/2 3 \ 0 9 t0 R.E. 4/28 \ ` PCL B QQQ- J� 7 © 42 3 8 p. PCL A c Qy �P 2 \ �Q� P.O. �1�S \ \ LEGEND: 06 9Ati ® TEMPORARY CONSTRUCTION 0, \ O EASEMENT 9 of BEARING DISTANCE 29 \ ys� � 1 S51'05' 32'N 150. 00' 'Pp 2 N38054' 04'N 73. 01' ?�� 3 N5I"05' 32'E 150. 00' 4 S38.54' 04'E 73- 01' 5 N38.54' 04'W 138. 62' 6 N38.54' 04'W 133. 51' 7 S51.05' 32'W 150. 00' 8 N38.54' 04'W 88. 51' 9 N51'05' 32'E 150. 00' Al do l 10 S38' 54' 04'E Be. 5i���p\GP/ ��c•L9 \ i i i Joe : 108-07 SCALE:-'-10 COAST SURVEYING, INC. SCALE: 1"=100' OA 15031 PARKWAY MP. SUIT[ s SHEET 1 Of 1 AP 0266-011-13 TUSTIN, CA 92700-4527 (714) 816-0260 2015-209 i I EXHIBIT" ' Coast Survcying,Inc. 1 MnrcL 23,2012 Page 6-6 LEGAL DESCRIPTION FOUNDATION EASEMENT APN 0266-011-13 THAT PORTION OF GOVERNMENT LOT 37, RANCHO MUSCUPIABE, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 23 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF PALM AVENUE (64 FEET WIDE) AND THE NORTHEASTERLY RIGHT OF WAY LINE OF THE B.N.S.F. RAILROAD (150 FEET WIDE) (FORMERLY A.T. & S.F. R.R.)AS SHOWN ON A MAP FILED IN BOOK 84, PAGE 28 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID.COUNTY; THENCE NORTH 38°64'04' WEST 138.62 FEET ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE; THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY LINE SOUTH 61 005'32" WEST 150.00 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID RAILROAD; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 38 054'04" WEST 16.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE NORTH 38°54'04" WEST 28.00 FEET; THENCE LEAVING SAID SOUTHWESTERLY RIGHT OF WAY LINE NORTH 51°05'56" EAST 7.50 FEET; THENCE SOUTH 38 064'04' EAST 7.76 FEET; THENCE NORTH 51 005'32'EAST 4.50 FEET;THENCE SOUTH 38 054'28"EAST 12.50 FEET;THENCE SOUTH 51 005'32' WEST 4.60 FEET; THENCE SOUTH 38°54'04" EAST 7.76 FEET; THENCE SOUTH 51 005'56" WEST 7.50 FEET TO THE TRUE POINT OF BEGINNING. i CONTAINING 266 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. Q ,AND S DATED THIS 26m DAY OF MARCH,2012. =gF'�p,DEL �PL�� -A L.S. 5108 GWEN-VERA DEL CASTILLO,PLS 6108 �`Up C AX-% I t 1 )N 108078 I 2015-209 EXHIBIT IV Page 6-6 U U N. GOV. OT 37 RANCHO ,yo o MUSC UPDABE p H.S. 64/28 O 2 s 7 2 � 8 9 GO• Q� 10 O p Q O 4 i 3 � P O.C. BEARING DISTANCE O� 1 N38.54' 04'W 211. 63' S 2 S51005' 32'W 150. 00' 3 N38'S4' 04'W 16, 25' 0 4 N38 54 04 W 28- 00, 'Ay � p6, 5 N51'OS' S6'E 7. 50' 9� \ 61\ 6 S38'S4' 04'E 7. 75' Oiy 01 7 N51005' 32'E 4. 50' 8 S38'S4' 28'E 12. 50' 9 S51'05' 32'W 4. 50' .p 10 S38'S4' 04'E 7. 75' 11 S51'05' 56'W 7. 50' i / Ol 00� o pP� lk, O i i Joe : 108-078 SCALE: -23-12 COAST SURVEYING, INC. SCALE: 1�a100' AIL AD 15031 PARX Y LOOP. SUITC B SHEET 1 Of AP 0266-011-13 TUSUN, CA aneo-6s�T T1a 01e-6166 2015-209 EXHIBIT "B-1" To Easement Agreement MEMORANDUM OF EASEMENT 2015-209 MEMORANDUM OF EASEMENT THIS MEMORANDUM OF EASEMENT is hereby executed this �_ day of -1700�tmu.1 2013, by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), whose address for purposes of this instrument is 2500 Lou Menk Drive, Fort Worth, Texas 76131, and SAN BERNARDINO ASSOCIATED GOVERNMENTS, a body corporate and politic of the State of California, hereinafter referred to as("Grantee"),whose address for purposes of this instrument is 1170 W. 3`d. Street, San Bernardino, California 92410-1715, which terms "Grantor" and "Grantee" shall include, wherever the context permits or requires, singular or plural, and the heirs, legal representatives, successors and assigns of the respective parties: WITNESSETH: WHEREAS, Grantor owns or controls certain real property situated in San Bernardino County, State of California as described on Exhibit"A" attached hereto and incorporated herein by reference(the "Premises'); WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated LshQ�Ait ^7 , 2013 (the "Easement Agreement") which set forth, among other things, the terrfis of an basement granted by Grantor to Grantee over and across the Premises (the "Easement"); and WHEREAS, Grantor and Grantee desire to memorialize the terms and conditions of the Easement Agreement of record. For valuable consideration the receipt and sufficiency of which are hereby acknowledged, Grantor does grant unto Grantee and Grantee does hereby accept from Grantor the Easement over and across the Premises. The term of the Easement, unless sooner terminated under provisions of the Easement Agreement, shall be perpetual. All the terms, conditions, provisions and covenants of the Easement Agreement are incorporated herein by this reference for all purposes as though written out at length herein, and both the Easement Agreement and this Memorandum of Easement shall be deemed to constitute a single instrument or document. This Memorandum of Easement is not intended to amend, modify, supplement, or supersede any of the provisions of the Easement Agreement and, to the extent there may be any conflict or inconsistency between the Easement Agreement or this Memorandum of Easement, the Easement Agreement shall control. Pagel of 2 - _ — 2015-209 IN WITNESS WHEREOF, Grantor and Grantee have executed this Memorandum of Easement to as of the date and year first above written. GRANTOR: BNSF RAILWAY COMPANY, a Delaware corporation tg By: - -- Name: Title: Gewd Dimda Red Estate STATE OF TEXAS § COUNTY OF TARRANT § This instrumen as acknowledged before me on the h day Qf 2013 , by (name) as �F�1,^�a lT.ed�Aore—6A (title) of BNSF RAILWAY CO ANY, a Delaware corporate Notary P is / (Seal My appointment expir s: I ' CATHY T BENTON My Commission Expires February 17.2015 Page 2 of 2 2015-209 GRANTEE: SAN BERNARDINO ASSOCIATED GOVERNMENTS, a body corporate and politic of the State of California, By: Name: Ja4Ru ord IrN T itle: President-Board of Directors STATE OF CALIFORNIA § COUNTY OF SAN BERNARDINO § This instrument was acknowl ged before me on the 5 day of '<<-""-iO , 2012, by 00,, 't` Lvvi h 4'--'u !^:im_(name)as 1P r.-5 i title)of b o a mmeg3 -e 0.,. Notary Public rAg ANNA ALDANA (Seal) Commission*1835368 Notary Public-California My appointment expires: Nlarc�n 6 Z I San Bernardino County M Comm.f x Tres Mar 6,2013 Page 3 of 2 2015-209 Recorded in Official Records, County of San Bernardino 1 011 312 0 1 5 liA �� BOB DUTTON m 2E P RECORDING REQUESTED BY: ASSESSOR — RECORDER — CLERK SAN K City of San Bernardino P Counter F� y WHEN RECORDED MAIL TO: City of San Bernardino QOC#: 2015-0444832 Titles: 1 Pages: 10 300 N.D Street,3rd Floor I Fees 0.00 San Bernardino,CA 92418 Taxes e.6e Attn.: Ryan Sandoval Other e.ee RECORDER: PAID _$0.00 Record without fee subject to Govt.Code 6103 CITY OF SAN BERNARDINO QUITCLAIM DEED DOCUMENT TRANSFER TAX$0.00 APN: 0266-021-44 For a valuable consideration, receipt of which is hereby acknowledged, the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION(hereinafter"COMMISSION"), does hereby REMISE,RELEASE and QUITCLAIM to CITY OF SAN BERNARDINO, a California municipal corporation, all of the COMMISSION's rights,title and interests in that certain easement obtained in the GRANT DEED,recorded March 2,2015,as Document No. 2015-0079563 Official Records in the County of San Bernardino,a copy of which is hereto attached as EXHIBIT"I"and made a part hereof, lying within that certain real property in the County of San Bernardino, State of California, and further described in Exhibit"B"to said GRANT DEED. San Bernardino County Transportation Commission By: '4 — Raymond . Wolfe, PbO,Executive Director Date: 9,..3 Township: Range Section Geo Index: Sect.: Quad.: Road Name(s) : Palm Ave&Industrial Parkway Project Name : Palm Ave Grade Separation A.P.N. (s) : 0266-021-44(ptn) MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE Not Applicable Name Street Address City&State 2015-209 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 SarN �WNArA*A ) 1 On ' �}Cw,ker 3 aU�Sbeforeme, �in.nr.6- ��t�ttyl4T �1 'tic Date Here Insert N e and Title of tl a Officer personally appeared f+. Names of Si ner s who proved to me on the basis of satisfactory evidence to be the person('whose name(s') is/are.- subscribed to the within instrument and acknowledged to me that he/sho/they executed the same in his/hef/tkieir authorized capacity(ies),and that by his/hff/their signature(pron the instrument the person(t), or the entity upon behalf of which the personA 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. ANNA ALDANA WITNESS my hand and official seal. Commission#2013145 Notary Public-California i i San Bernardino County Signature My Comm.Expires Mar 18,2017 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 2015-209 ACCEPTANCE This is to certify that the interest in the real property conveyed by the within instrument to the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council, and grantee consents to the recordation thereof by its duly authorized officer. CITY OF SAN BERNARDINO By: City Clerk Date: , 2015-209 EXHIBIT "I" -Grant Deed- Document No. 2015-0079563 Recorded March 2,2015 [See Attached] 2015-209 Recorded in Official Records,County of San Bernardino 310212015 BOB DUTTON 2:19 PM tnviv NP ASSESSOR – RECORDER – CLERK SAN RECORDII G-' REQUESTED BY p Counter AND Titles: 1 Pages: 6 WHEN RECORDED MAIL.TO: DOC#: 2015-0079563 Fees 30.00 San Bernardino County Taxes 0.00 Transportation Commission other 6.00 c/o SANBAG PAID $36.00 1170 West Third Street,2nd floor San Bernardino,CA 92410-1715 APN:0266-021-44 Palm Avenue Grade Separation crr�T70N:b:t:4�:�ll�t"�BtruI:tDN:'�3`�$J SPACE ABOVE FOR RECORDER'S USE TI[IS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTIONS 6103 AND 27383 OF THE CALIFORNIA GOVERNMENT CODE. GRANT DEED For a valuable consideration, receipt of which is hereby acknowledged, San Bernardino County Transportation Commission ("Grantor"), hereby grants to PALMKEN JJJ, LLC (hereinafter "Grantee"), all that real property situated in the County of San Bernardino, State of California, identified as Assessor Parcel Number 0266-021-44 and described as follows: See Exhibit"A," legal description attached hereto and made a part hereof. Grantor reserves a Roadway Easement as described in the legal description and map attached hereto as Exhibit"B". Grantor also reserves a Temporary Construction Easement over the real property described and depicted in Exhibit "A" for the duration of the Palm Avenue Grade Separation Project. This Temporary Construction Easement shall expire on June 15, 2015. . A",-4-'C'<-�-Executed this day of _ 2014 SAN BERNARDINO COUNTY TRANSPORTATION,,,C,OMMI S SION By: Mail tax statements to: PALMKEN JJJ, LLC 12 Corporate Plaza,Suite 150 Newport Beach,CA 92660 1019240.1 2015-209 ACKNOWLEDGEMENT State of California County of ,c—I Lai G,^ "n) / / On u w'f , 201 '�, before me, / `t V i , Notary PUblic, personally appeared ex rrrd - AD g-- who proved to me on the basis of satisfactory evidence to bete person(a) whose name(4 is/are subscribed to the within instrument and acknowledged to me that he/sho/they. executed the same in his/bo/tIp.-k authorized capacity(ies), and that by his/lw/tWr signature(95 on the instrument the person(y), or the entity upon behalf of which the person,(-g)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal, V WATSON Commission#2013359 Z Notary Public-California Z San Bernardino County) (SEAL) M Comm.Expires Mat 19,2017 (Signature iai vzaa.i 2015-209 EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of San Bernardino,State of California,described as follows: All that portion of Muscupiaba Rancho,in the County of San Bernardino,State of California,as per map recorded in Book 7,Page 23 of Maps, in the office of the County Recorder of said County,including a portion of Lot 66 of the lands of the Irvington Land and Water Company Subdivision,as per Map recorded in Book 1 Page 32,Records of Survey,more particularly described as follows: Commencing at the intersection of the center line of 40 foot wide Palm Avenue,with the northeasterly right of way or property line of the Atchison,Topeka,and Santa Fe Railway Co.,as the same is shown on Map recorded in Book 6,Page 79,Records of Survey,records of said County;thence along said center line of Palm Avenue,north 27°39'30"east 461.74 feetto a pointtherein whichbears South 27°39'30"west 1237.28 feet from the center line intersection of Palm Avenue and Kendall Drive,as the same is shown on said Map recorded in Book 6 of Records of Survey,Page 79;thence north 29°46'20"west 23.73 feet to a point hereinafter called"Point A"on the westerly40 foot right of way line of said Pahn Avenue;thence continuing north 29°46'20"west 11.87 feet to the most southerly corner of Lot 5 of Tract No.4250,in the County of San Bernardino,State of California,as per Map recorded in Book 53 of Maps,Page 52,records of said County;thence along the southwesterly line of said Lot 5 of Tract No.4250,north 29°46'20"west 16.18 feet to the beginning of a curve concave to the northeast having a radius of 680.67 feet;thence along said curve to the northeast and through a central angle of 10°04'30"an are distance of 119.69 feet to the end thereof;thence continuing along said southwesterly line of Lot 5 of Tract No.4250,north 19°41'60"west 179 feet to the most Westerly comer of said Lot 5 of Tract No.4250;thence continuing north 19°41'50'west 105.48 feet to the true point ofbeginning;thence south 70°18' 10"west 218.58 feet to an angle point in the southerly line shown on said Map recorded in Book 6 Page 79 of Records of Survey;thence along the last mentioned southerly line south 34° 24' 50" east, 235 feet to a point thereon; thence easterly in a direct line to a point on the southwesterly line of said Lot 5,Tract No.4250,which point is south 19°41'50"east,228 feet from the point of beginning;thence north 19° 41'50"west along said southwesterly line of Lot 5,Tract No.4250,and the northerly extension thereof a distance of 228 feet to the point of beginning. Excepting therefrom an undivided one-half interest in oil,gas and other hydrocarbons and minerals now or at any time hereafter situated therein and thereunder,in,under or across the same,and subsurface to depth of 500 feet measured in a vertical direction from the earth surface of said land for the exploration,developing,extracting or removing any oil,gas or other hydrocarbons or minerals found therein as reserved in the Deed from Chas,S.Older,recorded February 14,1956,as Instrument No.276,in Book 3856 Page 97 of Official Records. Said property is also shown on Licensed Land Surveyor's Map in Book 6 Page 79 Records of Surveys, Assessor's Parcel Number 0266-021-44 APN:0266-02144 I 2015-209 EXHIBIT B ROADWAY EASEMENT APN; 4266-021-44 The property identified in the attached legal description and map .shall be used to facilitate the construction of the Palm. Avenue Grade Separation Project and as a Roadway Easement: The San Bernardino County Transportation Commission is expressly granted the right to convey,transfer or assign the right of way. W99671 2015-209 Right of Way— Francis (Deducted from Larger Parcel) Chest Sarvcying,Inc. !wK IA.2012 EXHIBIT"A' LEGAL DESCRIPTION RIGHT OF WAY APN 0266-021-44 THAT PORTION OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 5 WEST OF RANCHO MUSCUPIABE,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7,PAGE 23 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY CORNER OF THE LAND DESCRIBED IN THE GRANT DEED TO WALLACE M. FRANCIS, ET AL, RECORDED MARCH 28, 1994 AS DOCUMENT NO, 94-146070 OFFICIAL RECORDS, RECORDS OF SAID COUNTY, SAID POINT ALSO BEING ON THE SOUTHWESTERLY LINE OF LOT 5 OF TRACT NO.4250 AS SHOWN ON A MAP RECORDED IN BOOK 53, PAGE 52 OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHWESTERLY LOT LINE NORTH 20°04'45" WEST 122.52 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 5;THENCE CONTINUING ALONG THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN SAID GRANT DEED, NORTH 20°04'45" WEST 105.48 FEET TO THE NORTHEAST CORNER OF THE LAND DESCRIBED IN SAID GRANT DEED;THENCE ALONG THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN SAID GRANT DEED, SOUTH 69'55'15' WEST 28,00 FEET TO A LINE PARALLEL WITH AND 28.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN SAID GRANT DEED;THENCE ALONG SAID PARALLEL LINE SOUTH 20'04'45" EAST 227.87 FEET TO THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN SAID GRANT DEED;THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 70'10'59'EAST 28.00 FEET TO THE POINT OF BEGINNING. CONTAINING 6,383 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 14TH DAY OF JUNE,2012. LAND S DEL at& s� OWE14 VERA DEL CASTILLO,PLS 5108 v'� LS. 5108 1 JN 108075 rcv 2015-209 \\ O GOY 4 �yN�N SRN PR01�0 co /\1 30 SPN 6 / 3Q P3Qg6I9' ^\ PE4 I TRACT O.4250 DOC NO, J \ ,gy M.B.63962 94--146070 O.R. \r"' O C� \ a U©T 5 APN 0266--021-44 `\ n \ �2 fi �y RANCHO �1'IU SC UPDQ o E M.B.7/)23 B.S. 04/28 C1O \ y0 i 94 H.S. �9 SEARING DISTANCE 1 S20'04'45'E 122. 52' 2 S20'04' 45'E 105, 48' ?' 3 N69°55' 15'E 28, 00' 4 N20'04'45'W 227, 87' 5 S70' 10'59'W 28. 00' 6 S20'04'45'E 22& 00' JOB M. 108-078 DATE:6-14-12 EXH IBIT COAST SURVEYING, INC. SCALE: 1"=60' APIN 0 66-021^ 4 13tl31 PFAlfWFT lotlP SUI�C B SH T 1 OF 1 RIGHT OF WAY TusTiN,a 92700-6527 (7t•)91b-6796 2015-209 ��.• 1 l( LA C Recorded in Official Records, County of San Bernardino 10/13/2015 2:28 PM BOB DUTTON iC RECORDING REQUESTED BY: ;N`ovNA of ASSESSOR — RECORDER — CLERK SAN City of San Bernardino ,; . P Counter WHEN RECORDED MAIL TO: City of San Bernardino DOC#: 2015-0444831 Titles: 1 Pages: 29 300 N.D Street,3rd Floor Fees 0.00 San Bernardino,CA 92418 Taxes RECORDERyanSandoval I PAID i-0.00 Record without fee subject to Govt.Code 6103 CITY OF SAN BERNARDINO QUITCLAIM DEED DOCUMENT TRANSFER TAX$0.00 APN: 0266-021-43 1 J For a valuable consideration, receipt of which is hereby acknowledged, the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION(hereinafter"COMMISSION"), does hereby REMISE,RELEASE and QUITCLAIM to CITY OF SAN BERNARDINO, a California municipal corporation, all of the COMMISSION's rights,title and interests in those certain easements obtained in the FINAL ORDER OF CONDEMNATION,recorded May 15,2015,as Document No.2015-0202734 Official Records in the County of San Bernardino,a copy of which is hereto attached as EXHIBIT"1"and made a part hereof, lying within that certain real property in the County of San Bernardino,State of California, and further described in Exhibits"C"through"H"to said FINAL ORDER OF CONDEMNATION. San Bernardino County Transportation Commission By: Raymond V. Wolfe,PhD,Executive Director Date: Township: Range Section Geo Index: Sect.: Quad.: Road Name(s) : Palm Ave&Industrial Parkway Project Name : Palm Ave Grade Separation A.P.N. (s) : 0266-021-43 (ptn) MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE Not Applicable Name Street Address City&State 2015-209 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 5an bf AaM i too ) On Se,p�e- --l- 3, oLDISbefore me, ►Ahr ,—. .n Date Here Insert Name and Title of e Officer personally appeared 0 e y" e, Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,srwhose nameM is/ace subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/thsir authorized capacity(iss),and that by his/her/their signatureWon the instrument the personj,A, or the entity upon behalf of which the person('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. ANNA ALDANA WITNESS my hand and official seal. Commission#2013145 = Q Notary Public-California z = San Bernardino County Signature My Comm.Ex ires Mar 18,2017 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑General ❑Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org- 1-800-US NOTARY(1-800-876-6827) Item #5907 2015-209 ACCEPTANCE This is to certify that the interest in the real property conveyed by the within instrument to the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council, and grantee consents to the recordation thereof by its duly authorized officer. CITY OF SAN BERNARDINO By: a7 94,E City Clerk � Date: �ot- �� 2015-209 EXHIBIT "I" -Final Order of Condemnation- Document No. 2015-0202734 Recorded May 15,2015 [See Attached] 2015-209 Recorded in Official Records,County of San Bernardino 5115/2015 PM RECORDING REQUESTED BY BOB DUTTON NPR' CRAIG G. FARRINGTON,ESQ. - a' ASSESSOR - RECORDER - CLERK SAN WOODRUFF, SPRADLIN & SMART Attorneys for Plaintiff ,:< P Coulter WHEN RECORDED MAIL TO Doc#: 201 C_0202 34 Wes: 1 Pages: 25 NAME Craig G. Farrington Gu J z i7 Fees 87.00 Woodruff, Spradl in & Smart I �rexe8 0.00 MAILING 555 Anton Boulevard I Other 6.00 ADDRESS Suite 1200 Pain $93.00 CITY,STATECosta Mesa, CA ZIP CODE 92626 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLES) FINAL ORDER OF CONDEMNATION LS-201 2015-209 1 s1 '4 o 2 SUPEROU U NOR COP OFD CALIFORNIA SAN 6F_RNARRD NO DISTRICT 3 4 MAY 0 4 2015 JAS iCAS 6 SAS,oEpUn 7 8 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN BERNARDINO, CENTRAL DISTRICT 10 I 1 SAN BERNARDINO COUNTY CASE NO.: CIVDS 1211384 12 TRANSPORTATION COMMISSION, a public agency, ASSIGNED FOR ALL PURPOSES TO THE HONORABLE BRYAN F.FOSTER a 13 Plaintiff, DEPARTMENT: S-35J s a 14 v. [PRH] FINAL ORDER OF o yg CONDEMNATION 15 VAN VALKENBURGH INVESTMENTS, 8 LLC,a Delaware limited liability company; 16 JAMES F.JORDAN,Trustee of the Jordan [Code of Civil Procedure section 1268.030] Revocable Trust,dated April 5,2004; 17 SOUTHERN CALIFORNIA TELEPHONE COMPANY;PACIFIC TELEPHONE AND HEARING DATES PENDING: 18 TELEGRAPH COMPANY;MUSCOY WC-re Dismissal WATER COMPANY;CHARLES S. Date: May 1,2015 19 OLDER; ELSA OLDER;ROBERT T. Time: 8:30 a.m. OLDER;BARBARA T.OLDER; Dept.: S-35 20 SOUTHERN CALIFORNIA EDISON COMPANY,and DOES 1 through 100, 21 inclusive, and ALL PERSONS KNOWN DATE ACTION FILED: Oct. 31,2012 CLAIMING AN INTEREST IN THE TRIAL DATE: Vacated 22 PROPERTY, 23 Defendants. 24 25 26 /Il 27 28 (PROPOSED)FINAL ORDER OF CONDEMNATION 1050891.1 2015-209 1 The Court having entered Final Judgment in Condemnation which, among other 2 things, incorporated the terms of interlocutory judgments as to Defendants Southern 3 California Edison Company, Van Valkenburgh Investments, LLC, James F. Jordan, Trustee 4 of the Jordan Revocable Trust dated April 5, 2004, and Beaverhead,L.P.,respectively, and it 5 appearing to the Court's satisfaction that Plaintiff San Bernardino County Transportation 6 Commission ("Plaintiff') has complied with the terms and conditions of the Final Judgment 7 in Condemnation. 8 It further appearing to the Court's satisfaction that, pursuant to the Court's Order for 9 Prejudgment Possession and stipulation of the parties, Plaintiff was authorized to take 10 possession of the real property interests described in Plaintiffs Complaint in Eminent 11 Domain on February 24,2013. 12 NOW,THEREFORE,IT IS HEREBY ORDERED AND ADJUDGED; 13 The interests in real property described and identified in Plaintiffs Complaint in 3 K 14 Eminent Domain filed herein on October 31, 2012, and as more particularly described and 15 depicted in Exhibits "A" through "H" (the "Subject Property Interests") attached hereto and 8 < a 16 by reference incorporated herein, are hereby condemned to Plaintiff San Bernardino County 17 Transportation Commission, a public entity, for public use by Plaintiff to facilitate the Palm 18 Avenue Grade Separation Project, a transportation improvement project serving the public 19 interest and intended to improve public safety, decrease traffic congestion, and improve 20 passenger rail operations by building a grade separation between the roadway and the rail 21 lines. 22 A certified copy of this Final Order of Condemnation shall be recorded in the Office 23 of the County Recorder of the County of San Bernardino, State of California, and thereupon 24 the real property described and depicted in Exhibits "A" through "H" shall vest in Plaintiff. 25 Any liens, release holds and encumbrances of whatever kind and nature on the real property 26 described and depicted in Exhibits "C" through "H" are hereby cancelled, extinguished and 27 terminated. All taxes and tax liens, liens of the County of San Bernardino for general and 28 special taxes, penalties and costs, if any, as to the real property described and depicted in [PROPOSED]FINAL ORDER OF CONDEMNATION 1050891.1 2015-209 1 Exhibits "C" through "H" shall be terminated, cancelled and extinguished as of February 24 2 2013,the effective date of possession herein. 3 4 Dated: _ �J 5 MAY 0 4 205 HONG BLE BRYAN F. FOSTER JUDGE OF THE SUPERIOR COURT 6 WYAN F FOSTER 7 — 8 9 10 I1 1i a 13 q 3 H�v 14 N N 15 g < 3 16 17 18 19 20 21 22 23 24 25 26 27 28 (PROPOSED]FINAL ORDER OF CONDEMNATION 1050891.1 2015-209 EXHIBIT A 2015-209 TEMPORARY CONSTRUCTION EASEMENT ATTACHMENTTO LEGAL DESCRIPTION APN: 0266-021-43 The parcel of land in the attached legal description,and map is to be used for temporary construction purposes in connection vrith the construction of the Palm Avenue Grade Separation Project. The right of usage acquired for the tamporaty cohshuction easement parcel descnbod in the attached legal description and'depicted in the attached map shall be for a period of tvA*- four(24)mouths. Reasonable pedestilan and vehicular access to the remainder property will be maintained during construction. The San Bernardino County Transportation Commission is expressly granted the right to convey,transfer or assign the easement rights described above. 2015-209 Aa;a1t�910�1 I ' LEGAL.DESCttEp�Fl•. TEMPORARYVON$TfiUrrTiON ErABEMBVi' APNb¢ 1+49 i "T POM1 ION OF Gon ERIVANT Wr . RAN I, COUNTY OF SAN B . . O,$'TATS OF Opp�D AS PeR�U�'R�ORD�i�{N 80=7,PAGE 93 0 bu t INCE OF Tt DOUf�IY RgRO$t S'M CWN[1;ORCRIIM AS FOLLOWS! CONlMENOI Ne-AT YM WTMW=M OF TM KWMWWftY MHTOPWAYLINEOFPA1 4 AVENUE¢0 FEET RAI,f W" Wa•I THE litO MM410 SLY ROM OF MY LINE OF THE @d4.S.F W ROM (FONiMMY AT. & M RR) ROT OF WAY AS SHOWN ON A MAP §E k0-N 0009$4.FACE 26 OF WWM:OF OW,90RDS OF SA.COUNTY; MNCM SND NORYI%AN3TPRLY OFyw Ujabpm 3884'04"v46�T4f it F'EETTO-IE'rAMMOIRT"ol+BM TN*ICE.LPAVp+M IMDNURrrE .Y.RNN{I OF I WAY LINE NOM- M"W EAST 4MM FEEr THENCE NORM 2 WAr WIMTSM F'EE'T TO nlE NORTH Y LINE OF P&IM NO.0 AlIVOMMEO IN TM GRANT MM 7O YAN VALKENSURGH W151"EM ILO,ET AL,REOOMM AUGUST 9A 2000 AS DO t('NO. 20oe. MS14 OFFICIAL RECORDS. RECORDS OF QW COUNTY; THENCE AIMS 6W NOM MPMMY LME SOUTH 70'90'99` WEST 12.00 FEET, YHEIRM LEAVM SAID NDKIf1 MSMY LIRE SOUTH,20"04'46'EAST 4,04 FEEL;THOM SOUM WOW M T 424.64 FEET 70 SAID NORTHEASMLY RAILROAD RIGHT OF V%Y llM MOM ALONG SAM koNt'fHEASTE tYUNg bOUTH9b'b4'WEA ST34.66FEETTOTHEYRUtfkWOfOMNNA40. CONTAINING 11,769 SQUARE FEET,MORE OR LEM ALL AS NY ME PAR7MLAMy 8HOWN ON Morr SATTACFED HMMM AND MADEA PART HEREOF, DATED THIS a DAY OF OMOSER,2011, GWMVERA DEL CASTILLO,PL&MOS L.S.Mn tit 1 �Nrorort 2015-209 ..� EXHIBIT 8 2015-209 1 t TRACT 180.4 : s ; ILL 5462 LOP 5 / rt� 4; / M t / M.D.7/23 5 ACCESS ESMF � PER 3856/97 O.R. Tp 1 C3� �o ti Ct A 00C NO 2006-0373614 O.R. "o \ APN 0265w021-43 (DEL I ��o P.M.X44 BEARING AISTANCE 534.881 38'H 489,60' \ 2 520.04'4S'E 6%79' \� 3 N70•t0'591E 18,0040' 156.4 W E 421.54' `d \ 6 M38.54104'N 91.56' \ CIO 7 N98.54'04'N 357.1 t' IEGt;t�: ®TEMPORARY CONSTRUCTION EASEMENT JOB A. 46-0 SURI:YIFttTe INC, SCALE: t atop 02 u�ttwot� i� SHtf OF a .ztw-as 2015-209 EXHIBIT C 2015-209 UTILITY EASEMENT ATTACHMENT TO LEGAL DESCRIPTION AM 0266-02143 This permanent, nonexclusive utility easement allows the San Bernardino County Transportation Commission,and its employees,agents,representatives and contractors the right to use the property in the attached legal description and map for the purpose of constructing, maintaining,repairing;relocating and adjusting,as applicable,underground utility Facilities and their appurtenant foddres-and equipment as required. There shall-not be constructed any improvements within the easement area.that would impede the rights as defined herein. The affected portion of the easement arcs will be backfillcd to grade with dirt or with pavement material. Owe the utilities are in place,the surface of the easement area may be used for access or automobile pail lug purposes. Reasonable pedestrian and vehicular access to the remainder property will be maintained during construction. The San Bernardino County Transportation Commission is expressly granted the right to convey,-transfer or assign the easement rights described above. g8t086.i 2015-209 t LMAL-DE801 FMN UW f THAT PORTION OF OOVUU. Wff LOT 87 RANM MUSE MECOUNTY OF sM eStNARDNVC�.OT'ATE of cAUFORMA,AS IER ,WD0WW IN BOOK 7,PAc,2s OF Wn, MITHEOFTiCE OFfiHECOUNiYRBOOi OFBAtD OOUNTYti DESORIeEDASFOttvNlSr COMMWAM AT'THE IR E WSMION DPTHE NORT1iWte;T[>3Ci:Y RIM OF WAY UNE OF PALM AVENUE(M.FEET HALF W M WITH THE NAY rdew of my LINE bF IM OX.&F, RAIUWW (F l:Y AT, 4 GA M F3tW OF WAY AS MOM ON A'MAP R£OORDW 24 60OK W.PASO 28 OF REGORMOF MM,M=M OF SAID CWflr, nOME ALONG SAID NMRT OOTE.Y WHT OF VVAYtM NORI"88'84W-WMr$JBA FIRM THENCE LFAVOG SAS-NORMEAs3M MY RA M'OF MY UNB NORM W'2nr MW MI FEET TO THE I= OF 6 tc;r UMM NORTH WWW V469T 20M FEET; TNENCH WORM 0.95 'FAST 87218 FEET TO TM eWMtP OF A NON MGMT CURVE ommw NORTFiEASmY-HAvme A RADW$OF 7M78 FE$r,A RAtiK DWNG TO SAID CURVE wm sovr{eT"1w4r wE8T;'fmft sOVII( RLY am Fw XDM SAID CURVE THR MSH A CENTRAL ANc3LR-OF Of'$ W,TO A UNE?`ARAUA WM AND MA PM SOVMBAe=Y OF THE:ABOVE CWJRW.HAVM A VEMM AND MTANOE OF'NOM 541SW EW 17722.8e Fwr,-TI9EA1;E NoNTFWCiwr ALONG SMD PARALLvL LINE SOUTH 54mnr wosT88B:'E$SEETT*THETRmpoiNToF6:tNU40. =trAININO 1,404 SQUAPA FEET.MOREOR LESS. ALLAs MORE PARnOULARLY SHOV`MI ON D408Pr a ATTACHED HERETO AND MADE A PART HEREOF DATEOTH S 274 DAY OFAPRItt 2042 0 �cA 1 M iot07i 2015-209 EXHIBIT D , , 2015-209 r 'TMCT ENO.4 t FAA 502 LOT 5 O! RANCHO® N RA 9°E 5 N 5 p 40"E MUSCUPIE ` . 4 6 3 RA. a� � T.P.O 8. V 9f�9! 2 DOG NO. 2008-0373614 O.R. y` gp APN 0266-021-43 PARCE ,.I a �9`jS+ syy HEARING DISTANCE [� Cr P i N38'54'0 4'W 313.031 3 N35'34'22`W 20.00' 4 N54'85.38'E 372.36' 6 S54'25'38'W 368. 13' �y0 DELTA RADIUS LENGTH 6 i•39,09' 709.73' 20.44' FSCA 06-1 CDA ST. suRVwc, a�a 1 +00' L� rsc�t ter coon.wac a 1 OF i At' 0266-0 1-43 tus?+N.a su�a-csu h++ :roan 2015-209 EXHIBIT E . 2015-209 RIGHT OF WAY ATTACB M W TO LEGAL DESCRIPTION APN: 026642143 The property identified in the attached legal description and map sball be for right of way purposes to facilitate the constrwtioin and use of thePalm Avenue Grade Separation Project. Reasonable pedestrian and vehicular access to the remainder property will be maintained during construction. The San Bernardino.County Transportation Commission is expressly gzanted'the right to convey,transfer or assign die right of way. 67 AI 2015-209 CaAB� laa Apaa 3! LEC3AL•O�ORIPiION R�HTOFYVAY APN C2"1d3 THAT PORTION OF GOVERNMENT` LOT 37 RAI!ECHo MUmIp Aw, COUNTY OP SAN EEIARDINO,STATE OF M F=4K AS PER W R9CORM KBOOK 7,PAGE 23 OF MAPS, IN"OFFICE OF lUE OdiM RECORDER OFSVD OMWN.DE80RMW AS FOUDM BEGO"M AT THE WrIE SOMM OF THE NORYHW<3SCERLY RIGHT OF WAY L"OF PA1,M AVENUE(20 em HALF wn THE NoRhwA8T8RLY RwT OF WAY LNE OF THE B,N.W W1l4ROAE1 (FOFOMY A•T, & 8F, WQ-RIM OF WAX AS SHOWN ON A MAP RECQRDED IN BOOK%PAG8.28 OF RWORW OF QW,RECORDS OF aW COUNTT;. YHE MZ ALONG WD NOR'YHF WMRLY PM OF WAY UNIE NOM 98"6W WE43T 8M9.W FEET,THENCE LEAVING am NO*R' 90f OF WAY UNE NORTH 64'2,4'98'EASE 417.14 FW TO THE OWNNW0 OF A NON'tANWIT CURVE OONOAVE NORTHERLY HAVWGA RAONB Op 788.75 Fk!a.A RADK BWAR a TO me CURVE8EAR8 SOUTH eni74r WwQ THENCE NORYRWEBY>=Rl.Y ai8 FaEf.ALONG SAID OUMM THROUGH A OENMAL ANGLE of 03°89'02 THE NONTANGENT NmH 20't>4'4v WEST 6S.Te FEET To THE NORINWOSiMRLY LINE OF PARCEL 90.6 As DABMID M THE GRANT DWED TO VAN VALK N RGH INVt9SiMEEt M LLO,ET At,REOpRQER AUpuw T9;2008 AS DOCUMENT NM 2QW-WW4 CI=VAL RECORD% RECORDS OF'SM 'COUNYYt THENCE AL WG SAM NORYWYESWKY UNE NORTH 7D'10'88"MT 18,08 FEET TO THLE NORT'HIEWTERLY LIRE OF SAM PARCEL 8; IMNCE ALONG SAID NORTHEASTERLY LIVE THE FOLLMN3 THREE COURSES: 1. som 2m-4r EAST 88.48 FEET TO THE 6EGINNINO OF A CURVE CONCAVE NaRTHEASTERLY HAWWG AWIU8 OF'I WXT FEWR 2 SlJtfiiFAB MLY ION FEET ALONG SAID OUME THROUGH A CENTRAL ANGLE OF T1P0 w; 3, am*90'08 r EASE 2a s FEET TO SAW K0MHWEb"MLY MOHT OF WAY WE 0P PALM.AVEHUM THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 27'inV WEST 466.46 FEET'TO THE POINTOFSEGINWO. CONTAINING 2.109 ACRES,MORE OR LESS. ALL AS MORE•PAMULARLY8HGWN ON EXHIBIT sATTACHED HERETO AND MADEA PART HEREOF. DATED THIS 2Ti'DAYOFMUI,2012. L.S.5106 �e WN.ji-VERA DEL CA9PT O,PLB 5108 1 M lOiWi 2015-209 . EXHIBIT F 2015-209 t TACT NO. A.G.sm 5 6 LOT S / N.69'10'42'E 4 ! RANCHO RAO 7 MU=POABE N65'31'40'E pppp��pp��� RAD .?:�•�: MA 7 1 '1 { 3 ,. Y ` lk PARCEL I ' ., :• Q Q c". G m BEAR I NG DISTANCE P.O.B.' 1 N38'54'04'V 313. 03' 2 N54'25'38'E 417, 14' 4 N20'04'45'W 65. 79' 5 N70'I0'59'E 28. 00` 6 520.04'45'E 56. 48' © 8 S30109"t5'E 28, 05' \ �'p 9 S27'16135'W 465. 45' ayo DELTA RADIUS LENGTH \ 3 3'39'02' 7013. 73' 45. 16' 7 10.04'30' 680.67' 119.69' Joe M 108-078 WE:4-25-12 EXHIBIT COAS7- SURVEYING, INC. SCALE: 1"=10'o' GH OF WAY . ISM P~AY LOW,WK• S EET 1 OF 1 APN 0266-021-43 MSS u n7W-6 n Ciu3 14-1" i I I 2015-209 EXHIBIT G 2015-209 1 SLOPE EASEMENT ATTACMNT TO LWAL DESCRRMON APN: 0266-02143 This slope and maintenance easement allows the San Bernardino County Transportation Commission(the"Commission',and its employees,agents,representatives and contradw the right tct use the-property in the attached legal description and map for a permanent,nonexclusive easement for purpose of constructing thereon out and/or fill slopes and appurtenant parts thereof incident to the construction of the Palm Avenue Grade Separation Project. Specifically, the Commission, and its employees, :agents, representatives and contractors 'have the right to construcd,maintain and adjust,as applicable,a slope and includes the right of ingresslegress and appurtenances thereto,over and across the easement area. The easement area will be back filled,to grade,with dirt. Reasonable pedestrian and vehicular access to the remainder property will be maintained during construction. The San'$ernardino County Transportation Commission is expressly granted the right to convey,transfer or assign the easement rights described above. 679695.1 2015-209 a.ur�ma i L �O�ORIPTEpP) • AP1 814.9v THAT FORTTOM OF OOVERIl W LOT 47, RAWO MUSGUPIABE, COUNTY OF 8AN BFRNARDINO,STATE OF CALIFORNIA,AS PER KAP RMMM.IN BOOK 7,PASE 28 OF WAP8, IN THE•OFFICE OF TTiM COUNTY REOOROF.R OF SW OWMYr PMMBED AS FOLLOWS+`. COMM OINe AT we*mTS=oN OF THE NORTHWESTERLY Itiw of WAY Ltoo OF PALM AVmm Co Fmr tfALF woM WITF(THB ioR MkiTMY AWT OF WAY LINE OF TIC t p,N;SF. RA O {FOR{4i MY AT, & 8,F. RM RMHT OF WAY As SWWN ON A MAP RWAIVED IN GOOK 84,PAM 28 OF RE==OF MM W,RWMW OF EWD COUNTY- Tt-M M MONO 6AID NOMHOWEI LY MW OF WAY UNE NORTH W W04 WEST 3i&M Fw TO THTE MB HIM QC vom cowwwo XDW SAID NoRTHEABTERLY MW OF MY 694E NOMH 38V 04'Mr 4408 F'EIM,7ttEi4CE LEAVO SAID NORTHewaRLY RTeHP OF WAY UNE NORTH o4ww TSw 426.00 FTB:T'TO TTTB BWWW OF A NONTMK==ENT'ClAWE 00MAVE NOi!IMA$1T3}iEY HAVM A RADIUS OF 708,7s.FEET.A RADIAL SOMNS TO WW'OUIM BEARS SWM WW4rVMT;ffTM= t3OMWASMy 4rxte FEET A.Me W t2J1WE TH03LIf3H A OMTTtAt.MM OF 05"8'el' TO A LINE PARNAa VM ANDA4,00 FEET 4QUTHEAr.Y OFTHB AWW COURSE HAVINe A REAMS,AND D15TANCE OF'NQRTH tii'26'Mr FAST 448.80•FEET-THOM NONTANOERT ALOW SAM PARAu.EL UNE 80UTH 84'28'*WEST 41714 FEET TO SAID NORTHEAMMY RMTOF WAY LINE AND TM TRUE POWOF BEMNING- CokTANINe 18,624 t(WAREFE9T,MOREOR LOW ALL AS MORE PARTICULARLY SHOWN ON MWIT B ATTA M HEREM AND MAMA PART FfEREOF DATED TIM 27°1DAYOFAPM 2012. 4AN0 �y 'ar OWF.h-VMA DEL OWLLO,PL8bt08 , La.MOB �'Op CALIF . 1 . ai torw�a 2015-209 a EXHIBIT H 2015-209 TRACT NO.4M a Wa 5"2 LOT 5 �t�� -1 ' 2"E, 4 N65'31'40" f ��mmnnRcHo (RAO RAO N7UNJ / a71LiNfJRABE r:. 4 . 3 MA 7/23 G0. 47y O \ G rj \ 2 T.P.0.8. OOC NO. ,2008-0373614 O.R. +�� \ APN 0266-021-43 RC pp q q \ C�� mr \\ P.00 BEARING DISTANCE ` 1 N38'54'04'w 313:03' 2 N38.54'04'V 44.09' �F C! 3 N54.25'WE 429.80' 5 554.25'38'W 417. 14- 'A \Oy0 \ DELTA RADIUS LENGTH \ 4 3.39'02' 708. 73' 45. 161 Jae DATE:4-25-12 COAST SMWANO. INC. SCALF— 1°-100 L ISOR PA WAY tM SIpfE a SHEET OF 1 AWN 0266-091— VAVK CA W80-017 t; tta-aa 2015-209 �ouRr or THE DOCUMENT TO WHICH THIS CERTIFICATION IS ATTACHED IS A FULL,TRUE AND CORWT COPY OF THE ORIGINAL ON FILE AND OF RECORD IN MY OFFIC_ ATTEST CHRISTINA M V -KERS 5: Clerk of the Superior Court of the Siate of n ifomis,In and for the Co Da 015 Tarry Wfttenbom U