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HomeMy WebLinkAbout17-Development Services C CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION c c From: Valerie C. Ross, Director Subject: Resolutions authorizing the execution of acceptance of: (I) a right of way easement for a portion of Northpark Boulevard, south of Campus Parkway; (2) an easement for traffic signals and handicap ramps at Northpark Boulevard and Sierra Drive; (3) an easement for landscape maintenance along the northwesterly side of Northpark Boulevard, south of Campus Parkway, all from California State University; and (4) an Assignment from Park- University, LLC, of an Agreement and Grant of Easement from California State University for the area southerly of Campus Parkway and northwesterly of Northpark Boulevard. Dept: Development Services Date: November 29, 2007 File Nos. 15.02-1513,1517 MCC Date: December 3, 2007 Synopsis of Previous Council Action: 02-06-1967 - Resolution No. 853 was adopted, accepting an easement from the State of California for the northerly extension of North park Boulevard was adopted. 03-14-2005 - Resolution No. 2005-59 creating Assessment District No.1 036 in the Northpark Boulevard and Campus Parkway areas was adopted. 11-05-2007 - Resolution No. 2007-430, vacating a portion of Northpark Boulevard and Campus Parkway was adopted. Recommended Motion: Adopt Resolutions (4). ~t.~ Valerie C. Ross Contact person: Laszlo "Les" Fogassy Phone: 5026 Supporting data attached: StaffReportlMaps/Resolutions Assignment & Easement Docs. FUNDING REQUIREMENTS: Amount: None Ward: 5 Source: (Acct. No.) N/A (Acct. Description) Finance: Council Notes: J:l-;-O'J Agenda Item No. I ry 3 '7ef replD.e.emeYlf I~Jc: c c c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolutions authorizing the execution of acceptance of: (I) a right of way easement for a portion of Northpark Boulevard, south of Campus Parkway; (2) an easement for traffic signals and handicap ramps at Northpark Boulevard and Sierra Drive; (3) an easement for landscape maintenance along the northwesterly side of North park Boulevard, south of Campus Parkway, all from California State University; and (4) an Assignment from Park-University, LLC, of an Agreement and Grant of Easement from California State University for the area southerly of Campus Parkway and northwesterly of North park Boulevard. BACKGROUND: In February 1967, the State of California granted an easement for right of way purposes to the City of San Bernardino, for the northerly extension of Northpark Boulevard. As a result of a re- alignment of Northpark Boulevard relative to the subdivision and development of the area northwesterly of Northpark Boulevard and southerly of Campus Parkway by Watson & Associates (Tract No. 16509), the vacation of the old aligmnent of Northpark Boulevard was approved on November 5, 2007, by Resolution No. 2007-430. The State of California, through the State University, has executed a new easement document over the present alignment. Part of the ongoing improvements in this area require the installation of traffic signals and handicap ramps at Northpark Boulevard and Sierra Drive, which is a private street across State University property but adjoins Northpark Boulevard. To facilitate the installation and maintenance of these improvements, the State has executed a Grant of Easement to the City. In March 2005, Assessment District No. 1036 was approved for the maintenance of landscaping and various other improvements relative to Tract No. 16509. Part of the maintenance area includes a parcel of State University owned property, southerly of Campus Parkway and northwesterly of Northpark Boulevard. An easement was granted to Park-University, LLC for the installation of landscaping. Within that easement document was the provision to assign the easement to the City of San Bernardino for ongoing maintenance under Assessment District No. 1036. Due to the realignment of Northpark Boulevard, as stated above, a small strip of land adjoining and southerly of the maintenance area was inadvertently omitted from the easement, which could create access and maintenance problems. To eliminate this conflict, the State University has executed a Grant of Easement for landscape maintenance to the City for this area. The attached resolutions authorize and direct the acceptance of the various easement documents stated above. FINANCIAL IMPACT: None. RECOMMENDA nON: Adopt Resolutions (4). Area of RIW Easement L.andscape Easement Aalgnement of Easement & Traffic S/gnallHandlcap Ramp Easement No Scale 5th 51. Mill 51. ~ o c o u ~ 0. Oron e Show Rd. ~ .. . o VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Various easements to be granted to the City for right of way. landscape maintenance. traffic signals and handicap ramps in the Northpark Boulevard and Campus Parkway area Created by: La~z/o Foqa~~y Date: 1I-01V1 ~ indicates un-incorporated areas ~ within City's Sphere of Influence \ ~'lJfr~ - (\ ;US ~ \ #~ ,-. Landscape \ Easement to be Assigned to the Ci~ [ Shown as 1!111J] \ Landscape Eas~ent \ being granted by the State University to the City [ Shown as ..] \ ~\ \ \ ~~-\ "'s 0~\..c.~ ,,~x.- s~r f?-~\~ G~0Y.o Northpark Boulevard Right of Way easement being granted by the State University to the City [Shown as ~ ] CITY OF SAN BERNARDINO DEVELOPMENT SERVICES 11/07/2007 f.HM-Pi Itl7/n \ \~I \ ~ \\ \\ '6 I~ ~ ~ ~ d No Sco.le I; " 'I ! i :1 1- \ \ \ \ z \ c \ ~ \ ~ \. .,.. \' ." / 7,/ \ \ ;' \ \ i \ ! \\ \ \ / \ \~ \'. \ '" ~. \ \ \ \ \ \ \ \ \ \ \~ \ \ \ ".- PROPOSED EASEMENT FOR TRAFFIC IGNALS, HANDICAP RAMP AND PPURTENANT FACILITIES CITY OF SAN BERNARDINO PUBLIC WORKS/ENGINEERING REAL PROPERTY SECTION --", ~'-!!.\ ~':t'.\ ~a\ ~~\ ~O' "11 ; ,I / / -------- -- ---- ~~;;;-- ---" / / / , , , , , , , , , , , , , I I I I I I I I I \ \ \ \ \ \ \ , , , , , , , ", " '-- -- -- --------- APN, 0265-031-21 " . , , , , , , , , , , , , , \ \ \ \ I I I I I I I I I I I I I , , , , , , , , , / ""-,,-,,,,-, _/ --- Detail "AU P.OR ~~R~~ N.T. . Created by: j, ;::CtWI-JJ Date: ,,('7/ File No. 15.02-1513 1 2 3 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 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF ACCEPTANCE OF A GRANT OF EASEMENT FROM THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY FOR THE REALIGNMENT OF NORTHPARK BOULEVARD RIGHT OF WAY, SOUTHERLY OF CAMPUS PARKWAY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of the City, acceptance of a Grant of Easement from the Trustees of the California State University for the realignment of North park Boulevard right of way, southerly of Campus Parkway, subject to the conditions as set forth therein and more specifically described in said Grant of Easement, a copy of which is attached hereto as Exhibit "I" and made a part hereof. III III lUo /7 A. 11/08/07 I 1 2 3 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 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF ACCEPTANCE OF A GRANT OF EASEMENT FROM THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY FOR THE REALIGNMENT OF NORTHP ARK BOULEVARD RIGHT OF WAY, SOUTHERLY OF CAMPUS PARKWAY. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on the day of , 20_, by the following vote, to wit: Council Members: A YES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of ,20_. PATRICK J. MORRIS, Mayor City of San Bernardino Approved as to form: ES F. PENMAN ty Attorney 11/08/07 2 .' TLR No. 58 04-01 City File No.: Location: APN: RECORDING REQUESTED BY: The Trustees of The California State University WHEN RECORDED MAIL TO: The California State University 401 Golden Shore Long Beach, California 90802-4210 Attention: Land Records. CPDC NO FEE FOR GOV'T. AGENCY PER G.c. 27383 - SPACE ABOVE THIS LINE FOR RECORDER'S USE- GRANT OF EASEMENT This Grant of Easement is entered into by and between the Trustees of The California State University, hereinafter called Trustees, and the City of San Bernardino, hereinafter called Grantee. Trustees, pursuant to the provisions of Section 89048 of the California Education Code, and in consideration of the mutual promises contained herein and the public benefit provided, hereby grant unto Grantee, its successors and assigns, an easement to construct, use, maintain, alter, repair and replace a public road and appurtenant facilities upon, over and across that certain real property described on Exhibit "A" and shown on Exhibit "B", attached hereto and by this reference made a part hereof. THE PROVISIONS ON PAGE 2 HEREOF CONSTITUTE APART OF TillS GRANT OF EASEMENT. Date AP1l!!"A-=~ _ David Mauro Vice President, Administration and Finance California State University, San Bernardino APPROVED AND ACCEPTED: CITY OF SAN BERNARDINO (GRANTEE) APPROVED: TRUSTEES OF THE CALIFORNIA STAT IVE IT By Patrick J. Morris, Mayor Attest: By EI vyra F San Assistant Vice Ch ncellor Capital Planning, Design & Construction City Clerk Approved as to form: James F. Penman, City Attorney EXHIBIT "1" TLR :'lo. S8 04-01 PROVIDED, this Agreement and Grant of Easement is subject to the following terms and conditions: I. 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 waives all claims against Trustees, its officers, agents, and employees, for loss or damage caused by, arising out of, or in any way connected with the exercise of this easement, and Grantee agrees to save harmless, indemnify, and defend Trustees, its officers, agents, and employees, from any and all loss, damage or liability which may be suffered or incurred by Trustees, its officers, agents, and employees caused by, arising out of, or in any way connected with exercise by Grantee of the rights hereby granted. except those arising out of the sole negligence ofTrustees. 4. Trustees reserve the right to use said real property in any manner, provided such use does not unreasonably interfere with Grantee's rights hereunder. 5. As partial consideration for this Grant of Easement, Grantee shall vacate, as promptly as practical, the road easement recorded March 9, 1967, in Book 6785, Page 227, Official Records of San Bernardino, California. Grantee shall ensure that both the Grant of Easement and the Vacation Resolution shall be recorded simultaneously. 6. This easement shall terminate in the event Grantee fails for a continuous period of 18 months to use the easement for the purposes herein granted. Upon such termination, Grantee shall forthwith upon service of written demand, vacate this easement pursuant to Streets and Highways Code Section 8300 et. seq., and shall initiate proceedings to vacate said easement within 90 days from written demand by Trustees to vacate said easement subject to all findings being made as required in said Streets and Highways Code Section. Cpon the successful completion of the vacation of this easement and upon service of written dernaod by Trustees, without cost to Trustees and within 90 days from said written demand, Grantee shall remove all improvements or other property placed by or for Grantee upon Trustees' real property and restore the premises as nearly as possible to the same condition they were in prior to the execution of this easement. In the event Grantee should fail to restore the premises in accordance with such request, Trustees may do so at the risk of Grantee, and all costs of such removal and restoration shall be paid by Grantee upon demand. PJc;e :! of ~ UH8T "A" DESCRIPTION Parcel A A portion of that part of Sections 7 and 8, Township I North, Range 4 West, San Bernardino Meridian (unsurveyed), lying within the Rancbo Muscupiabe, per plat recorded in Book 7 of Maps, Page 23, records of San Bernardino County, State of California, more particularly described as follows: Beginning at Comer Number 14, as established by George E. Sherer, on the Map on file in the Office of the County Surveyor, as C.S. No. 1780; thence North 00027'54" West, along the east line of that parcel of land conveyed to the City of San Bernardino as Parcel 1 by instrument recorded in Book 724 of Deeds, Page 8 in the Office of the Recorder of said County, 20.63 feet to a point on the northerly boundary of the J. R. Munn Jr. property (136.350 acres, more or less), as delineated and shown on that certain map filed in Book 21, Pages 98 and 99 of Records of Surveys, in the Office of the County Recorder; thence along said northerly boundary, North 67058'28" East, 168.69 feet; thence continuing along said boundary, South 36016'00" East, 46.01 feet; thence leaving said boundary, South 68014'47" West, 187.71 feet to the east line of that parcel of land conveyed to the City of San Bernardino as Parcel 1 by instrument recorded in Book 724 of Deeds, Page 8 in the Office of the Recorder of said County; thence along said east line, North 21045' 13" West, 24.52 feet to the Point of Beginning. Containing 0.18 acres more or less. Parcel B A portion oftbat part of Section 8, Township 1 North, Range 4 West, San Bernardino Meridian (unsurveyed), lying within the Rancho Muscupiabe, per plat recorded in Book 7 of Maps, Page 23, records of San Bernardino County, State of California, more particularly described as follows: Commencing at Comer Number 14 as delineated on the G.E. Sherer survey on file in the County Surveyor's Office as C.S. No. 1780, said point being on the easterly line of the property conveyed to the City of San Bernardino as Parcel Number 1 in the Deed recorded in Book 724, Page 8 of Deeds, records of said County; thence South 21045' 13" East, 809.03 feet to the Point of Beginning, said point being the beginning of a curve, concave easterly, baving a radius of 440.00 feet, the radius point ofwbich bears North 68014'47" East; thence northeasterly from a tangent which bears North 21045' 13" West, along said curve through a central angle of 45019'04", a distance of348.02 feet to a tangent compound reverse curve, concave westerly, baving a radius of 560.00 feet; thence along said curve, through a central angle of28047' II", a distance of281.35 feet; tbence South 67043'19" West, 25.64 feet; thence :-<orth 36016'00" West, 240.76 feet; thence South 68014'47" West, 29.88 feet; tbence South 66045' 13" East, 26.87 feet; tbence Soutb 21045' 13" East, 54.49 feet to a tangent curve, concave westerly, baYing a radius of 440.00 feet, thence along said curve, through a central angle of 450 19'04", a distance of 348.02 feet to a tangent compound reverse curve, concave easterly, having a radius of 560.00 feet; L:ESCR:;:PT:O!-J t-h)R":'El?~~K FROM CS:":SB 7-: ;-1):. coe thence along said curve, through a central angle of 07006'16", a distance of 69.44 feet; thence South 21045'13" East, 346.41 feet to the Point of Beginning. Containing 1.34 acres more or less. This description was prepared by me or under my direction in conformance with the Land Surveyor's Act. TRANSTECH ENGINEERS, INC. 1fa...Q~.k7 8h/t>j avid B. aglan S 5173 Date License Expires 6/30/09 \).NO ..~9 .......... SV4' ':!'r . " Ii. ....".. ~ ........ g. '4,,;.. ~ !:; : ~v ...,/. 0 \-'1"1; "'\'0 5Q Oi . \. No.5173 ,: w..J . '. ,,' :;I -. .- ~ ~~h '. ,,' ~~ . ...~ OF rr,.l\~~'!:;:.-. \.~~ CESCR:P7ICN NORTHPARK FROM CSIJSB --l;-O:.DOC SHEE:T 1 OF 1 , , \ ...... I ......US fl~~ ,OA \ --('p,o.c........ \ C~~~e'~~ ~" <'(1' \ ' \ PAlr.8 \\ l'l9b' a' "\.Z ",' " -" ---P,o.s., "ee' <., " ' , \ I PAR, A ,,', ' ", " 1 . " (J I ......r;;. .. ,\' 1/' - ' ',,/' \ ......'- _ 7 B ,-, ,,', ,... r... 129.34' ... "~(' \ ,\ I '@~ \ \ \ \.'\2 \ I , I '.. / o. \ \ 'I' :>'u~ G.E. ~ERER ~RVf\- \ I ~ / /. COR. "4 P,l~ \ I ~ / / y., tl \I //' '\./ 'l- C.S. 1 \ " I <I f,/" , \,~ ~ 0 ..60'/ /6 1/ , \, \ \ ~ ~I~ ~ /.,/ / ~/. ' \ '\ ~,..,.!:::!::: ~ /,/ )~,/ I, ',' /: ,_ --i-7 TEMPORARY EASEMENT FOR \ ' \ \ '0. ~ I ~ .... / _ 1./ /";:: / NORTH PARK BOULEVARD PER \ \ ,\;. VI VI ~ / ,/ ,y' ./' ""';'t',, BOOK 6784, PAGE 227, OR, \ \, \ ~_, I "< /../ t' /;;.; ~ \~ . 0 /', / 1"- II ,,00 \ "'" I <l:i ',/ /;'/ !/'l:> 'Q \ \ ". /: / / / 0 ""'l . c" ~" ' I /1 /' /", ".1 / """'-/ <::::l \ \ \ '-J /' / f' .. o' \ \ \ II \ .::(~tJ:' /'1/<'/ ? \\ \ \ /,;""../ /'J \ , \ \1 ..../ /.. "(, / / \ ~ ~ ,/ / ;<, / PIPELINE EASEMENTi~ '\ 1\ ...." ///{'// / TO CALIFORNIA D. W.R\ \ /;' t .. rR ,I; 'f,/ ". Pc. BOOK 8503, ~, 1t--1', .. ,'~ '/j" /' .. ' 0 PAGE I, OR, \ , \ 'P "/ /' ,; '" , \ 0 j . .... \ \ , <.,.,l' ."' /.. TRACT 15609-1 \\ I",' \ - '///,,/1 T.M. 302/81 \\ I' '\ \' I'~ /,', 'Q \, ' \ ~/g NORTH PARK BOULEVARD \ I ' , PER CITY RIGHT OF WAY \' ... \ .. ~ > ~ MAP 3198-R ~ 03 \~ \ '~ L C ~ '~ \\ LI ~~\ ~ z; ..c::. \~ ,\-" II L4 ~ 1t:.\ ~ \ ,/"g ~ \ L5 \ rfE.~) L6 \ e,\4'}/ L7 \ ~~,/, \ L8 \ P,O,s. \ \ PAR. B I CI 15XHJIJlT "8" CALiFORNiA STATE UNiVERSiTY SAN BERNARDiNO R/B 21/98 SCALE: 1"=100' PARCEL A PARCEL B 0.18 ACRES~ -.1 1.34 ACRES I. /1 TRANSTE:CH ENGINEERS. INC. 624 BREA CANYON ROAD WALNUT, CA 91789 BEARING ELTA N 67'4J'19" E S 6874'47" W S 66'45'IJ" E S 21'45'13" E N 00'27'54" W N 3676'00" W N 6874'47" E N 2/'45'13" W RADIUS LENGTH 25.64 29.88 26.87 54.49 20.63 46.01 187.71 24.52 \,II>>'N'''' ....llIDICA_....~.. /'=07'06"6" 560.00 69.44 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT M<',h('.c<'~-i'i<'-.n<'~,h("'.c:<'AX'.i'i<'.c-:<'.8.Cri<'f.'<'fit'~ffi<'~.cx-.ri('..EX'~r:<'ffi('.hC,C('rK'r:o;r'0h('-l"':.<'r3<'ffX'~..iX'~~.c<'r:('h<'..c:<'AX'AX'..fX County of InS ~f,'\ On p.n~.O'l before me, Dale personally appeared J3\1Y({,l San Juan State of California } C. ~lV\ ! th Name and Title 01 Officer (e.g., !:?ll'C Name{s) 01 Signer(s) u __ . _ . : ~ . - U ul MIf~M-'\N C IMR'N I. = ..1'..... i IIaIalY PuIIlIC . CALJnIa I - 01.... CounIr j f~~~: ."CClIml~~~"~_ Place Notary Seal Above ~ersonally known to me o (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/shelthey executed the same in hislherltheir authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and offi . Signature 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 Attsched 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: o Individual D Corporate Officer - Titie(s): C Partner - D Limited C General ~ Attorney in Fact Trustee Guardian or Conservator Other: Signer's Name: C Individual C Corporate Officer - Title(s): C Partner - := Limited LJ General ~ Attorney in Fact C Trustee o Guardian or Conservator DOther: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: RIGHT THUMBPRINT OF SIGNE:H Top at thumb here Signer Is Representing; ~;;1:~~~~~';'{:lV~~'I::;;s.~^::,,~:>:::,,-."';'t-~~~'l::>V'<:.~---::~"""'"-"';o;::.~-V_'''V-';-:>:;;:''CX;_''-_T_''-:':~,:;~::o;;;"';:":'C<':~":~~~"';'l;:z...~.;:'{;,,,,-~"7.x...~-~..(,:'\.~~~^ @2006 Nalional Notary As~ociation . 9350 De Sote. Ave_. PO Box 2402. Chatsworlh, CA 91313.2402 Item No 5907...609 Reorder: Call Toll-Free 1-800-876-6827 > , ., TLR No. SB 04-01 City File No.: Location: APN: RECORDING REQUESTED BY: The Trustees of The California State University WHEN RECORDED MAIL TO: The California State University 401 Golden Shore Long Beach, California 90802-4210 Attention: Land Records CPDC NO FEE FOR GOV'T. AGENCY PER G.c. 27383 - SPACE ABOVE THIS LINE FOR RECORDER'S USE- GRANT OF EASEMENT This Grant of Easement is entered into by and between the Trustees of Tbe California State University, hereinafter called Trustees, and the City of San Bernardino, hereinafter called Grantee. Trustees, pursuant to the provisions of Section 89048 of the California Education Code, and in consideration of the mutual prornises contained herein and the public benefit provided, hereby grant unto Grantee, its successors and assigns, an easement to construct, use, maintain, alter, repair and replace a public road and appurtenant facilities upon, Over and across that certain real property described on Exhibit "An and shown on Exhibit "B", attached hereto and by this reference made a part hereof. THE PROVISIONS ON PAGE 2 HEREOF CONSTITUTE A PART OF TillS GRANT OF EASEMENT. AP~~~ _ David eMauro Vice President, Administration and Finance California State University, San Bernardino Date APPROVED AND ACCEPTED: CITY OF SAN BERNARDINO (GRANTEE) By Patrick J. Morris, Mayor Attest: APPROVED: TRUSTEES OF THE CALIFORNIA STAB: By,,-- U Elvyra San Assistant Vice C cellor Capital Planning, Design & Construction City Clerk , TLR No. SB 04-01 PROVIDED, this Agreement and 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 waives all claims against Trustees, its officers, agents, and employees, for loss or damage caused by, arising out of, or in any way connected with the exercise of this easement, and Grantee agrees to save harmless, indemnify, and defend Trustees, its officers, agents, and employees, from any and all loss, damage or liability which may be suffered or incurred by Trustees, its officers, agents, and employees caused by, arising out of, or in any way connected with exercise by Grantee of the rights hereby granted, except those arising out of the sole negligence of Trustees. 4. Trustees reserve the right to use said real property in any manner, provided such use does not unreasonably interfere with Grantee's rights hereunder. 5. As partial consideration for this Grant of Easement, Grantee shall vacate, as promptly as practical, the road easement recorded March 9, 1967, in Book 6785, Page 227, Official Records of San Bernardino, California. Grantee shall ensure that both the Grant of Easement and the Vacation Resolution shall be recorded simultaneously. 6. This easement shall terminate in the event Grantee fails for a continuous period of 18 months to use the easement for the purposes herein granted. Upon such termination, Grantee shall forthwith upon service of written demand, vacate this easement pursuant to Streets and Highways Code Section 8300 et. seq., and shall initiate proceedings to vacate said easement within 90 days from written demand by Trustees to vacate said easement subject to all findings being made as required in said Streets and Highways Code Section. Upon the successful completion of the vacation of this easement and upon service of written demand by Trustees, without cost to Trustees and within 90 days from said written demand, Grantee shall remove all improvements or other property placed by or for Grantee upon Trustees' real property and restore the premises as nearly as possible to the same condition they were in prior to the execution of this easement. In the event Grantee should fail to restore the premises in accordance with such request, Trustees may do so at the risk of Grantee, and all costs of such removal and restoration shall be paid by Grantee upon demand. Page 2 of2 $tn.IT ..... DESCRIPTION Parcel A A portion of that part of Sections 7 and 8, Township I North, Range 4 West, San Bernardino Meridian (unsurveyed), lying within the Rancho Muscupiabe, per plat recorded in Book 7 of Maps, Page 23, records of San Bernardino County, State of California, more particularly described as follows: Beginning at Corner Number 14, as established by George E. Sherer, on the Map on file in the Office of the County Surveyor, as C.S. No. 1780; thence North 00027'54" West, along the east line of that parcel of land conveyed to the City of San Bernardino as Parcel 1 by instrument recorded in Book 724 of Deeds, Page 8 in the Office of the Recorder of said County, 20.63 feet to a point on the northerly boundary of the J. R. Munn Jr. property (136.350 acres, more or less), as delineated and shown on that certain map filed in Book 21, Pages 98 and 99 of Records of Surveys, in the Office of the County Recorder; thence along said northerly boundary, North 67058'28" East, 168.69 feet; thence continuing along said boundary, South 36016'00" East, 46.01 feet; thence leaving said boundary, South 68014'47" West, 187.71 feet to the east line of that parcel ofland conveyed to the City of San Bernardino as Parcell by instrument recorded in Book 724 of Deeds, Page 8 in the Office of the Recorder of said County; thence along said east line, North 21045' 13" West, 24.52 feet to the Point of Beginning. Containing 0.18 acres more or less. Parcel 8 A portion of that part of Section 8, Township 1 North, Range 4 West, San Bernardino Meridian (unsurveyed), lying within the Rancho Muscupiabe, per plat recorded in Book 7 of Maps, Page 23, records of San Bernardino County, State ofCalifomia, more particularly described as follows: Commencing at Corner Number 14 as delineated on the G.E. Sherer survey on file in the County Surveyor's Office as C.S. No. 1780, said point being on the easterly line of the property conveyed to the City of San Bernardino as Parcel Number 1 in the Deed recorded in Book 724, Page 8 of Deeds, records of said County; thence South 21045'13" East, 809.03 feet to the Point of Beginning, said point being the beginning of a curve, concave easterly, having a radius of 440.00 feet, the radius point of which bears North 68014'47" East; thence northeasterly from a tangent which bears North 21045'13" West, along said curve through a central angle of 45019'04", a distance of 348.02 feet to a tangent compound reverse curve, concave westerly, having a radius of 560.00 feet; thence along said curve, through a central angle of 28047' I 1", a distance of 28 1.35 feet; thence South 67043' 19" West, 25.64 feet; thence North 36016'00" West, 240.76 feet; thence South 68014'47" West, 29.88 feet; thence South 66045' 13" East, 26.87 feet; thence South 21045' 13" East, 54.49 feet to a tangent curve, concave westerly, having a radius of 440.00 feet, thence along said curve, through a central angle of 45019'04", a distance of348.02 feet to a tangent compound reverse curve, concave easterly, having a radius of 560.00 feet; DESCRIPTION NORTH PARK FROM CSUSB 7-17-07.DOC thence along said curve, through a central angle of 07006' 16", a distance of 69.44 feet; thence South 21045'13" East, 346.41 feet to the Point of Beginning. Containing 1.34 acres more or less. This description was prepared by me or under my direction in conformance with the Land Surveyor's Act. TRANSTECH ENGINEERS, INC. ~~.-,? 8h/()7 avid B. Ian S 5173 Date License Expires 6/30/09 \.AND ~ .......... SV4}.; ~ .,~ ~. fi4(;;... ~ U/~ '!:'.O =:JIJ ~~,o . ...., J : ~ : \. No. 5173 .: ...... ~ '. "y . " d~ '. . .... n':~ ~ 'l't OF r~l..~~'> ~~. DESCRIPTION NORTHPARK FROM CSUSB 7-17-07.DOC SHfTT , OF , \ \ \ \ ~t..... CALiFORNiA STATE UNiVERSiTY SAN BERNARDiNO RIS 27/98 SCALE: '".100' PARCEL A 0.'8 ACRES k ". "1 PARCEl B 1.34 ACRES I / / ~ NORTH PARK BOULEVARD PER CITY RIGHT OF WAY MAP 3198-R L C BEARI/'JG ELTA RADIUS LE/'JGTH L1 /'J 67"4J"9" E 25.64 L2 S 68"14'47" 29.88 LJ S 66"45"J" E 26.87 L4 S 21"45'1 J" E 54.49 L5 /'J 00"27'54" W 20.6J L6 N .36"16'00" W 46.01 L7 /'J 68"14'47" E 187.71 L8 /'J 21"45'IJ" W 24.52 C1 It=07'06''6" 560.00 69.44 ."......,.. ..... 1lIIlICA_ .... ...... CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~.~.~.~ - 1il!i ... -~~ -~"~~~ == ~~ Countyof_IOS ^redf,~ } State of California On P.tN.Or Dale personally appeared J3\1y(a Name{s)of Signer(s) '.-' -- '-a~~.:: -, I ......, NIIIC . CAlL 110 I 0..... CounIr j t _ . _ _ MrQllml.~,~J: ~~"J ~ersOnally known to me o (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 hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: RIGHTTHur,lBPRINT OF SIGNER RIGHTTHUf,1BPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: ~ ~ ~ ,.",. ~"""".,. ~ ~"""~ @2006National Notary Association. 9350 De Boto Ave., P.O. Box 2402. Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF ACCEPTANCE OF A GRANT OF EASEMENT FROM THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY FOR TRAFFIC SIGNALS AND HANDICAP RAMP AT NORTHPARK BOULEVARD AND SIERRA DRIVE, A PRIVATE STREET, NORTHERLY OF ASH STREET. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of the City, acceptance of a Grant of Easement from the Trustees of the California State University for traffic signals and handicap ramp at Northpark Boulevard and Sierra Drive, a private street, northerly of Ash Street, subject to the conditions as set forth therein and more specifically described in said Grant of Easement, a copy of which is attached hereto as Exhibit "1" and made a part hereof. 15 / / / 16 / / / 17 18 19 20 21 22 23 24 25 26 27 28 fl}o, II S 11/08/07 I 1 2 3 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 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF ACCEPTANCE OF A GRANT OF EASEMENT FROM THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY FOR TRAFFIC SIGNALS AND HANDICAP RAMP AT NORTHP ARK BOULEVARD AND SIERRA DRIVE, A PRIVATE STREET, NORTHERLY OF ASH STREET. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on the day of , 20 , by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of ,20_. PATRICK J. MORRIS, Mayor City of San Bernardino Approved as to form: .f7~ MES F. PENMAN ity Attorney 11 108/07 2 TLR No. SB 07-02 City File No.: 15.02-1513 Location: Northpark & Sierra Dr. APN: 0265-031-21 RECORDING REQUESTED BY: The Trustees of The California State University . WHEN RECORDED MAIL TO: The California Stale University 401 Golden Shore Long Beach, California 90802-4210 Attention: Land Records. CPDC NO FEE FOR GOV'T. AGENCY PER G!" 27383 - SPACE ABOVE THIS LINE FOR RECORDER'S USE- GRANT OF EASEMENT This Grant of Easement is entered into by and between the Trustees of The California State University, hereinafter called Trustees, and City of San Bernardino, hereinafter called Grantee. Trustees, pursuant to the provisions of Section 89048 of the California Education Code, and in consideration of the mutual promises contained herein and the public benefit provided, hereby grant unto Grantee, its successors and assigns, an easement for construction, use, and maintenance of traffic signals, handicap ramp, and appurtenant facilities, in, over, under, and across that certain real property described in Exhibit "A", attached hereto and by this reference made a part hereof. THE PROVISIONS ON PAGE 2 HEREOF CONSTITUTE A PART OF TmS GRANT OF EASEMENT. Date ED: Davi Mauro Vice President, Administration & Finance California State University, San Bernardino APPROVED AND ACCEPTED: CITY OF SAN BERNARDINO (GRANTEE) APPROVED: TRUSTEESOFTHECALWORNlA STATE E By Patrick J. Morris, Mayor Attest: By Elvyra F. an Juan Assistant Vice Chanc 1I0r Capital Planning, Design & Construction City Clerk Approved as to form: James F. Penman, City Attorney EXHIBIT" 1 " TLR No. SB 07-02 PROVIDED, this Agreement and Grant of Easement is subject to the following terms and conditions: I. 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. Except for emergencies, Grantee shall provide to Trustees adequate advance written notice of its entering the easement, and coordinate with Trustees all authorized activity in the easement in a manner agreeable to Trustees. 4. Grantee waives all claims against Trustees. its officers, agents, and employees, for loss or damage caused by, arising out of, or in any way connected with the exercise of this easement, and Grantee agrees to save harmless, indemnify, and defend Trustees, its officers, agents, and employees, from any and all loss, damage or liability which may be suffered or incurred by Trustees, its officers, agents, and employees caused by, arising out of, or in any way connected with exercise by Grantee of the rights hereby granted, except those arising out of the sole negligence of Trustees. 5. Trustees reserve the right to use said real property in any manner, provided such use does not unreasonably interfere with Grantee's rights hereunder. 6. Trustees reserve the right to require Grantee, at Trustees' expense, to remove and relocate all improvements placed by Grantee upon said real property, upon determination by Trustees that the same interfere with future development of Trustees' property. Within 180 days after Trustees' 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 State, as designated by Trustees and Trustees 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 Trustees the easement herein granted. 7. This easement shall terminate in the event Grantee fails for a continuous period of 18 months to use the easement for the purposes herein granted. Upon such termination, Grantee shall forthwith upon service of written demand, deliver to Trustees a quitclaim deed, to its right, title and interest hereunder, and shall, on Trustees' request, without cost to Trustees and within 90 days from written demand by Trustees remove all improvements or other property placed by or for Grantee upon Trustees' real property and restore the premises as nearly as possible to the same condition they were in prior to the execution of this easement. In the event Grantee should fail to restore the premises in accordance with such request, Trustees may do so at the risk of Grantee, and all costs of such removal and restoration shall be paid by Grantee upon demand. Page 2 of2 Legal Description of Tramc Signal and Handicap Ramp Easement EXHIBIT "A" Commencing at the intersection of the centerline of University Parkway and Northpark Boulevard, said point being on a curve, concave northeasterly having a radius of 2328.19 feet, a radial from said point bears North 390 30' 52" East; Thence northerly along said curve, and along said centerline of North park Boulevard, through a central angle of280 44' 20", an arc distance of 1167.79 feet; Thence continuing along said centerline of Northpark Boulevard, North 210 45' 13" West, a distance of 249.68 feet; Thence north easterly, at right angles to and leaving said centerline of North park Boulevard, a distance of 60 feet to the easterly line of said Northpark Boulevard; Thence southeasterly, along said easterly line, a distance of 31.62 feet to the True Point of Beginning; Thence leaving said easterly line, North 17" 04' 35" East, a distance of 16.98 feet; Thence North 210 45' 13" West, a distance of28.85 feet; Thence North 68014' 47" East, a distance of 15.70 feet; Thence North 210 45' 13" West, a distance of21.84 feet; Thence North 660 29' 01" West, a distance of37.09 feet to a point on said easterly line of Northpark Boulevard; Thence South 210 45' 13" East, along said easterly line, a distance of 90.02 feet to the True Point of Beginning. Contains 1,296.67 square feet, more or less. TLR No. S807-02 I ' \ \ \ ~ Ar-~/'\ \ '\ \ ." \ --- -- "-,,,,,,, / , , , , , , , , , , I I I I : Boundary of : Easement I ------- ----......- ...............,... , , , , , , , , \ \ \ \ \ \ \ , , I I I I I I I I I I I I I I I I , , , , , , ,/ ,/ APN, 0265-031-21 Detail "A" I I \\,A " , , , , , "...... "- " -------------- FOR INFORMATION ONLY DO NOT RECORD PROPOSED EASEMENT FOR TRAFFIC SIGNALS, HANDICAP RA..\.fP AND APPURTENANT FACILITIES CITY OF SAN BERNARDINO PUBLIC WORKS/ENGINEERING REAL PROPERTY SECTION Created by: 1., Fd:-ru,,/ I ' . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~n:t'.ffZ('~~r'it'.ff!('>.E.C~~~~~~~-ffiC.nt'~f:<'~~~~~~~~ffi(!;>~~~ZX'~~RX',R:C'~f:<'..iHOr:('~ffi('~~ State of California } County of Lot, fmg-cl eS On 10,0'-1.01 before me, Dale personally appeared 151\J'Yr a 1-1f1Agha~f;~g:ittb.'(eg~~':'i'YP"f~V71 i c. &m Juan Name(s) of Signer(s) ~personally known to me -lItIIllfIC._ ~ "..'- .......... c:.. JL I o (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 helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above OPTIONAL Though the information below is not required by Jaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: C Individual [J Corporate Officer - Title(s): C Partner - C Limited C General [J Attorney in Fact '~ Trustee ,----: Guardian or Conservator Other: Top of thumb here Signer's Name: C Individual c:: Corporate Officer - Title(s): C Partner - Q Limited [J General C Attorney in Fact c:: Trustee :::; Guardian or Conservator Cather: RIGHT rHur,lfwRINT OF SIGNER RIGHT TIHJ~.mrf,INT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: ':::::;'y'e'V~::::~~:'C'C:~..~;y":--'V'\......,,-,,,,,-............................~,~~~~_~~::;.v;;:~;;~~:~~~~~ @2oo6 National Notary Association. 9350 De Soto Ave.. PO. Box 2402. Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827 I I " I , TLR No. SB 07-02 C;::ity File No.: 15.02-1513 Location: Northpark & Sierra Dr. APN: 0265-031-21 RECORDING REQUESTED BY: The Trustees of The California State University WHEN RECORDED MAIL TO: The California Stale University 401 Golden Shore Long Beach, California 90802-4210 Attention: Land Records CPDC NO FEE FOR GOV'T. AGENCY PER G.C. 27383 - SPACE ABOVE THIS LINE FOR RECORDER'S USE- GRANT OF EASEMENT This Grant of Easement is entered into by and between the Trustees of The California State University, hereinafter called Trustees, and City of San Bernardino, hereinafter called Grantee. Trustees, pursuant to the provisions of Section 89048 of the California Education Code, and in consideration of the mutual promises contained herein and the public benefit provided, hereby grant unto Grantee, its successors and assigns, an easement for construction, use, and ntaintenance of traffic signals, handicap ramp, and appurtenant facilities, in, over, under, and across that certain real property described in Exhibit "A", attached hereto and by this reference ntade a part hereof. THE PROVISIONS ON PAGE 2 HEREOF CONSTITUTE A PART OF TIDS GRANT OF EASEMENT. Date David auro Vice President, Administration & Finance California State University, San Bernardino APPROVED AND ACCEPTED: CITY OF SAN BERNARDINO (GRANTEE) APPROVED: TRUSTEES OF lHE CALIFORNIA STAT Elvyra F an Assistant Vice Chan ellor Capital Planning, Design & Construction By Patrick J. Morris, Mayor Attest: B City Clerk Approved as 0 form: ~ TLR No. SB 07-02 PROVIDED, this Agreement and Grant of Easement is subject to the following tenns and conditions: L 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. Except for emergencies, Grantee shall provide to Trustees adequate advance writteI1 notice of its entering the easement, and coordinate with Trustees all authorized activity in the easement in a manner agreeable to Trustees. 4. Grantee waives all claims against Trustees, its officers, agents, and employees, for loss or damage caused by, arising out of, or in any way connected with the exercise of this easement, and Grantee agrees to save harm1ess, indemnifY, and defend Trustees, its officers, agents, and employees, from any and all loss, damage or liability which may be suffered or incurred by Trustees, its officers, agents, and employees caused by, arising out of, or in any way connected with exercise by Grantee of the rights hereby granted, except those arising out of the sole negligence of Trustees. 5. Trustees reserve the right to use said real property in any manner, provided such use does not unreasonably interfere with Grantee's rights hereunder. 6. Trustees reserve the right to require Grantee, at Trustees' expense, to remove and relocate all improvements placed by Grantee upon said real property, upon determination by Trustees that the same interfere with future development of Trustees' property. Within 180 days after Trustees' 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 State, as designated by Trustees and Trustees shall furnish Grantee with an easement in such new location, on the same tenns and conditions as herein stated, all without cost to Grantee, and Grantee thereupon shall reconvey to Trustees the easement herein granted. 7. This easement shall terminate in the event Grantee fails for a continuous period of 18 months to use the easement for the purposes herein granted. Upon such termination, Grantee shall forthwith upon service of written demand, deliver to Trustees a quitclaim deed, to its right, title and interest hereunder, and shall, on Trustees' request, without cost to Trustees and within 90 days from written demand by Trustees remove all improvements or other property placed by or for Grantee upon Trustees' real property and restore the premises as nearly as possible to the same condition they were in prior to the execution of this easement. In the event Grantee should fail to restore the premises in accordance with such request, Trustees may do so at the risk of Grantee, and all costs of such removal and restoration shall be paid by Grantee upon demand. Page 2 of2 I Legal Description of Tramc Signal and Handicap Ramp Easement EXHIBIT "A" Commencing at the intersection of the centerline of University Parkway and Northpark Boulevard, said point being on a curve, concave northeasterly having a radius of 2328.19 feet, a radial from said point bears North 390 30' 52" East; Thence northerly along said curve, and along said centerline of North park Boulevard, through a central angle of280 44' 20", an arc distance of 1167.79 feet; Thence continuing along said centerline of North park Boulevard, North 210 45' 13" West, a distance of249.68 feet; Thence north easterly, at right angles to and leaving said centerline of North park Boulevard, a distance of 60 feet to the easterly line of said Northpark Boulevard; Thence southeasterly, along said easterly line, a distance of 31.62 feet to the True Point of Beginning; Thence leaving said easterly line, North 17004' 35" East, a distance of 16.98 feet; Thence North 210 45' 13" West, a distance of28.85 feet; Thence North 68 0 14' 47" East, a distance of 15.70 feet; Thence North 210 45' 13" West, a distance of21.84 feet; Thence North 660 29' 01" West, a distance of 37.09 feet to a point on said easterly line of Northpark Boulevard; Thence South 21045' 13" East, along said easterly line, a distance of 90.02 feet to the True Point of Beginning. Contains 1,296.67 square feet, more or less. TLR No. S8 07-02 , ' .' \ ~~ ~-'> ~ -"l: \ -::;i , ~\ '% \ \. \ \. \. \. \. \.~ \. \. \. \. \. ----------- / ,,,,,,,...- , , / , , , , , , , , , I I I I I I I I I , I \ \ \ \ \ \ \ , , , , , , , , , " ............. "- --------- -, -.................. , , , , , , , , , , , , \ \ \ \ \ \ \ \ I I I I I , I I I I I I I I , I , , , , , , ,/ / / ---- APN: 0265-031-21 Detail "A" \. \ \- \. \. \. \. 'f \ \. \ \. \. \ \ FOR INFORMATION ONLY DO NOT RECORD PROPOSED EASEMENT FOR TRAFFIC SIGNALS, HANDICAP RAMP AND APPURTENANT FACILITIES CITY OF SAN BERNARDINO PUBLIC WORKS/ENGINEERING REAL PROPERTY SECTION Created by: i., Fr:J;;r.u<l . , '" > CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~~-~~~~-~ -~~ A" = - l!!S~'-'-'- === County of _Lo S ~gd eS On 10.0L/.07 before me, Date personally appeared ---.B:l\/'f ra } State of California .S i ame and Tl1Ie ~ayt Juan Name(s) of Signer(s) ~ersonally known to me o (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/shelthey executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above Signature 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Signer(s) Signer's Name: o Individual o Corporate Officer - Tille(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: RIGHTTHur\1BPRINT OF SIGNER RIGHTTHULlBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: ~ ,...............,. ,....,....,.... ~ C 2006 National Notary Association. 9350 De Soto Ave., P.O. Box 2402. Chatsworth, CA 91313-2402 ,....,....,.... ~ Item No. 5907 v609 Reorder: Call Toll-Free 1-8()()'876-6827 1 2 3 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 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF ACCEPTANCE OF A GRANT OF EASEMENT FROM THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY FOR LANDSCAPE INSTALLATION AND MAINTENANCE, GENERALLY LOCATED ALONG THE NORTHWESTERLY SIDE OF NORTHPARK BOULEVARD, SOUTHERLY OF CAMPUS PARKWAY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of the City, acceptance of a Grant of Easement from the Trustees of the California State University for landscape installation and maintenance, generally located along the northwesterly side of Northpark Boulevard, southerly of Campus Parkway, subject to the conditions as set forth therein and more specifically described in said Grant of Easement, a copy of which is attached hereto as Exhibit" I" and made a part hereof. /II /II IUD . 17 e. 11/29/07 I 1 2 3 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 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF ACCEPTANCE OF A GRANT OF EASEMENT FROM THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY FOR LANDSCAPE INSTALLATION AND MAINTENANCE, GENERALLY LOCATED ALONG THE NORTHWESTERLY SIDE OF NORTHPARK BOULEVARD, SOUTHERLY OF CAMPUS PARKWAY. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on the day of , 20_, by the following vote, to wit: Council Members: A YES ABSTAIN ABSENT NAYS ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of ,20_ PATRICK J. MORRIS, Mayor City of San Bernardino Approved as to form: .~ 11/29/07 2 i",,_ , TLR No. 58 07-03 RECORDING REQUESTED BY: The Trustees of The California State University WHEN RECORDED MAIL TO: The California State University 401 Golden Shore Long Beach, California 90802-4210 Attention; Land Records, CPDC . SPACE ABOVE THIS LINE FOR RECORDER'S USE - AGREEMENT AND GRANT OF EASEMENT This Agreement and Grant of Easement is entered into by and between the State of California through its Trustees of the California State University ("Trustees") and the City of San Bernardino ("Grantee"). Trustees pursuant to the provisions of Section 89048 of the California Education Code, and in consideration of the mutual promises contained herein, hereby grant unto Grantee, its successors and assigns, an easement, subject to the rights of Trustees reserved herein, onto, over, across, under and above that certain real property described in Exhibit "A," attached hereto, for the purposes of constructing, and maintaining a landscaped area and for ingress and egress for pedestrians and construction, maintenance and emergency vehicles. This easement for a landscaped area allows walkways, benches, and other hardscape and landscape appropriate for relaxation, study, contemplation, and conversation but prohibits construction of recreational equipment and scheduling for organized sports/activities. It is understood that the ownership of the property is in the State of California dedicated to state university purposes and that Trustees may terminate this easement at any time when Trustees determines the property is needed for other purposes. Further, the Trustees may construct in the easement area signage, an information booth, and other entrance structures welcoming visitors to the university campus. It is also understood that Grantee shall be entitled to transfer the easement granted herein for inclusion in the Grantee's Landscape Maintenance District. PROVIDED, that this Agreement and Grant of Easement is subject to the following terms and conditions: 1. This Agreement and Grant of Easement is subject to existing contracts, leases, easements, encumbrances and claims which may affect said real property, and the use of the word "Granf' herein shall not be construed as a covenant against the existence of any thereof. 2. Grantee agrees that any landscaping, improvements and 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. Trustees shall have the right of free access to the easement area at all times in emergency situations. In non-emergency situations, Trustees shall provide adequate notice to Grantee, and shall coordinate university operations in the easement area in a manner mutually agreeable between Grantee and the campus official designated on the signature page of this document, or their respective delegates. 4. Grantee waives all claims against Trustees, its officers, agents and employees, for loss or damage caused by, or arising out of, or in any way connected with the exercise of this easement, and Grantee agrees to save and hold harmless, indemnify and defend Trustees, its officers, agents and employees, from any and all loss, damage and liability caused by, TLR SB 07-03 Page 1 of 2 EXHIBIT "1" arising out of or in any way connected with the exercise by Grantee of the rights hereby granted, except loss, damage and liability arising out of the sole negligence of the Trustees. 5. The covenants expressed herein shall bind successors and assigns and shall run with the land. Kathy ansen, Director Proc rement and Support Services California State University, San Bernardino APPROVED AND ACCEPTED: CITY OF SAN BERNARDINO (GRANTEE) Attest: City Clerk APPROVED: TRUSTEES OF THE ::L1F~;I~ ~~l: ~;::ITY ~.~ Assistant Vice Chancellor Capital Planning, Design & Construction By: Patrick J. Morris. Mayor Approved as to form: James F. Penman, City Attorney Date Date lo/~/o7 TLR SB 07-03 Page 2 of 2 1..._, DESCRIPTION Parcel A A portion of that part of Section 8, Township I North, Range 4 West, San Bernardino Meridian (unsurveyed), lying within the Rancho Muscupiabe, per plat recorded in Book 7 of Maps, Page 23, records of San Bernardino County, State of California, more particularly described as follows: Commencing at Comer Number 14 as delineated on the G.E. Sherer survey on file in the County Surveyor's Office as C.S. No. 1780, said point being on the easterly line of the property conveyed to the City of San Bernardino as Parcel Number One in the Deed recorded in Book 724, Page 8 of Deeds, records of said County; thence South 21045'13" East, 462.62 feet to the Point of Beginning, said point being the beginning of a curve, concave easterly, having a radius of 560.00 feet, the radius point of which bears South 73032'25" East; thence northeasterly from a tangent which bears North 16027'35" East, along said curve through a central angle of 4040'36", a distance of 45.71 feet to the beginning of a non-tangent curve, concave easterly, having a radius of 414.61 feet, the radius point of which bears South 61027'52" East; thence southwesterly from a tangent which bears South 28032'08" West, along said curve through a central angle of5034'13", a distance of 40.31 feet; thence South 21045'13" East, 7.50 feet to the Point of Beginning. Containing 110 square feet more or less. This description was prepared by me or under my direction in conformance with the Land Surveyor's Act. \AND ~~ ............Jr~~ ~ ..~ VI. N10~...~ u l~ ~ ~ 0 ::;:~ Z.~70 :0 0: . . \ No. 5173 .: >L M .. . "r ...,. . . . .. """" "~ .. . ,.,.. ..~~ ~( Of {,'l\~~~ ~\,~,-~~ TRANSTECH ENGINEERS, INC. DESCRIPTION NORTHPARK CSUSB remanent piece lO-15-07.DOC \ .......... I .......... uS p~~ .../\ --t' _ I C~\J.~P;2e"t.,?"X<,6' \ ' \........O-c. II ~~~~ \.2 '\ ' ___I r.. ;--- ,vo. I PAR'5 r- \.?,.. 1/4 CORJl \ , _/ I - 01_..... 8 \ /- ~ or- _ r- ...... _f ..... O! 12934' -l>- /- \ ' : \ I )~~ \ \ . \ , I .~ ~~o. \ \ ' \, - 6'\~ G.E. ~ERER ~RVE"Y \'& ~ I : ';- I \ COR. ~'4 pte \ \t.. gig 1; \ C.S. 1 \ \ ~. ~ I ~ <l 60' 60' \ \ \ I"'"' 0 \, \1;,' I ~ \ '\,.., \ ~ \' \ \~. I i \\ \ \ , I ~ \~'OO" \ 'I Cl:i \ \ ~ , q \ '\ " \ \ I \ '\ \ '.- \ \ V' \ , ,\ SCALE: 1"=100' \, \ ll'" PIPELINE EASEMENT\\ '\ ~~ TO CALIFORNIA D. W.I\\.\ "./ PER BOOK 8503, ~, 'tl~ ~ I' PAGE I, O.R. \, '\~, \ '\V'.,' TRACT 1850B~1 \\ 1\ \ ~ f T.M. 302181 \\ I '\ \ I' ~ ~ \, \ ~ 0 NORTH PARK BOULEVARD \, I '\ \ I " ~ PER CITY RIGHT OF WA Y-"t\ \I , ~ MAP 3198-R . ~ It ) ~ \ 03 \1:f, \ 0:: L C -'0 ? ~. \ , <2:. '~ \ ~. L1 I tj ~ / - ~ r: \-:P \ 'IX) L2 :::; Q \0 1&)07 " ~ .,~, .l\~ LJ . UC. NO. 5173 \.c:... \~"'O/y/ \I L4 EXP. 6-30-09 \ ~ ' J L5 ll'.;. ,,'C; \ -/0 \ "'1"(' OF" C"I..\~~ \ 6rr;.5:-~"J- ~~ , ~loB" f~.> \ L8 TRANS TECH ENGINEERS, INC. \ \,//, \ 624 BREA CANYON ROAD \ .. \, WALNUT, CA 91789 \ \ Cl , I f I I , / I I \\ . . 7.50' P,O,B. PAR. A S73;] , , \C:.?S';: '&., (R) -l>- ~~ DETAIL 'A' I"'"' NO SCALE . - - "- I/) :"" TEMPORARY EASEMENT FOR --: ~7 NORTH PARK BOULEVARD PER ~ .g BOOK 6784, PAGE 227, O.R. ';;10 ...,0 o' i3 II Q:- CALiFORNiA STATE UNiVERSiTY SEE SAN BERNARDiNO DETAIL 'A' P.o.B. PAR. A RIS 211B8 PARCEL A 110 S.F. V///~ BEARING EL TA N 67'43'19" E S 6814'47" W S 66'45'13" E S 21'45'13" E N 00'27'54" W N 3616'00" W N 6814'47" E N 21'45'13" W RADIUS LENGTH 25.64 29.88 26.87 54.49 20.63 46.01 187.71 24.52 tF07'06'16" 560.00 69.44 , _L.....__",.,.~..-.." CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~v-:<'A-x'..c':<'..c':<'A';(',i-X'D:..c<'~d~~'<''{'d~~d.g::.cr.A..-~..b('-,,--:<~~..cx'..cx'...-:<'A-x''..c':<'..c':<'..c':<'~ before me, } State of California County of Los ~e{e~ On ~O.1U.Ol Date ~a.vt c. SM,tn E1v V~ tSan ,\ lJO.(\ Name and Tille of Officer (e.g., "Jane Doe, Notary Public") personally appeared Name(s)of Signer(s) )(personally known to me 'eU U_~=~I~:~~l j .....,1uIIIc.(: Rr ,,_, J ' - o.~lt6 c..., "'. - - - - - -~ ,iiiiii&I '] (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 hislher/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above Signature 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer - Title(s): Partner - = Limited = General Attorney in Fact Trustee Guardian or Conservator Other: Top of thUMb Ilere Signer's Name: = Individual = Corporate Officer - Title(s): = Partner - = Limited = General = Attorney in Fact = Trustee = Guardian or Conservator = Other: RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER TOp of ~numb l-,ere Signer Is Representing: Signer Is Representing: \~"':"",~' ",',~ \;."_':,:;~.'. ..'J:.': -'. -,A_.~_",-.~ _'::-" :::~ '-,,~.:'.,"- :~.'<: ~,.~.--',,~'. <7__"~"--;<.>~,Jy'" --'~'::__'v'_c<;,'<:_,,- ~ .,,;,... ,(:.~. ".... J", -'..~,j '''-',,':-''<;''':<.'\'- -'7--',;"-';:".':: '.~."':; :.... :'::;,'..:<;.,' -{.-Y--'V' .^~~ .C." .."'.'.' -'. @2006 National Notary Assoc;ation . 9350 De Soto Ave" P.O. Box 2402' Chalsworth, CA 91313-2402 Uem No. 5907v609 Reorder: Call Toll-Free 1-800-876-6827 ,J TLR No. S8 07-03 RECORDING REQUESTED BY: The Trustees of The California State University WHEN RECORDED MAIL TO: The California State University 401 Golden Shore Long Beach, California 90802-4210 Attention: Land Records, CPDC - SPACE ABOVE THIS LINE FOR RECORDER'S USE - AGREEMENT AND GRANT OF EASEMENT This Agreement and Grant of Easement is entered into by and between the State of California through its Trustees of the California State University ("Trustees") and the City of San Bernardino ("Grantee"). Trustees pursuant to the provisions of Section 89048 of the California Education Code, and in consideration of the mutual promises contained herein, hereby grant unto Grantee, its successors and assigns, an easement, sUbject to the rights of Trustees reserved herein, onto, over, across, under and above that certain real property described in Exhibit "A," attached hereto, for the purposes of constructing, and maintaining a landscaped area and for ingress and egress for pedestrians and construction, maintenance and emergency vehicles. This easement for a landscaped area allows walkways, benches, and other hardscape and landscape appropriate for relaxation, study, contemplation, and conversation but prohibits construction of recreational equipment and scheduling for organized sports/activities. It is understood that the ownership of the property is in the State of Califomia dedicated to state university purposes and that Trustees may terminate this easement at any time when Trustees determines the property is needed for other purposes. Further, the Trustees may construct in the easement area signage, an information booth, and other entrance structures welcoming visitors to the university campus. It is also understood that Grantee shall be entitled to transfer the easement granted herein for inclusion in the Grantee's Landscape Maintenance District. PROVIDED, that this Agreement and Grant of Easement is subject to the following terms and conditions: 1. This Agreement and Grant of Easement is subject to existing contracts, leases, easements, encumbrances and claims which may affect said real property, and the use of the word "Granr herein shall not be construed as a covenant against the existence of any thereof. 2. Grantee agrees that any landscaping, improvements and 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. Trustees shall have the right of free access to the easement area at all times in emergency situations. In non-emergency situations, Trustees shall provide adequate notice to Grantee, and shall coordinate university operations in the easement area in a manner mutually agreeable between Grantee and the campus official designated on the signature page of this document, or their respective delegates. 4. Grantee waives all claims against Trustees, its officers, agents and employees, for loss or damage caused by, or arising out of, or in any way connected with the exercise of this easement, and Grantee agrees to save and hold harmless, indemnify and defend Trustees, its officers, agents and employees, from any and all loss, damage and liability caused by, TLR SB 07-03 Page 1 of 2 arising out of or in any way connected with the exercise by Grantee of the rights hereby granted, except loss, damage and liability arising out of the sole negligence of the Trustees. 5. The covenants expressed herein shall bind successors and assigns and shall run with the land. Kathy ansen, Director Proc rement and Support Services California State University, San Bernardino APPROVED AND ACCEPTED: CITY OF SAN BERNARDINO (GRANTEE) APPROVED: TRUSTEES OF THE ::L1F~;I~ ~~~Y.~I::ITY ~~u Assistant Vice Chancellor Capital Planning, Design & Construction By: Patrick J. Morris, Mayor Attest: City Clerk Approved as to form: James F. Penman, City Attorney Date ~ 1,~ (J Date tob.-iJo7 TLR SB 07-03 Page 2 of 2 DESCRIPTION Parcel A A portion of that part of Section 8, Township 1 North, Range 4 West, San Bernardino Meridian (unsurveyed), lying within the Rancho Muscupiabe, per plat recorded in Book 7 of Maps, Page 23, records of San Bernardino County, State of California, more particularly described as follows: Commencing at Comer Number 14 as delineated on the G.E. Sherer survey on file in the County Surveyor's Office as C.S. No. 1780, said point being on the easterly line of the property conveyed to the City of San Bernardino as Parcel Number One in the Deed recorded in Book 724, Page 8 of Deeds, records of said County; thence South 21045' 13" East, 462.62 feet to the Point of Beginning, said point being the begiuning of a curve, concave easterly, having a radius of 560.00 feet, the radius point of which bears South 73032'25" East; thence northeasterly from a tangent which bears North 16027'35" East, along said curve through a central angle of 4040'36", a distance of 45. 71 feet to the beginning of a non-tangent curve, concave easterly, having a radius of 414.61 feet, the radius point of which bears South 61027' 52" East; thence southwesterly from a tangent which bears South 28032'08" West, along said curve through a central angle of5034'13", a distance of 40.31 feet; thence South 21045'13" East, 7.50 feet to the Point of Beginning. Containing 110 square feet more or less. This description was prepared by me or under my direction in conformance with the Land Surveyor's Act. TRANSTECH ENGINEERS, INC. \AND ...~ ........ ~<:t~ ~v .. to.. TJ.. ~ ...~ '0; I(-4G~... ~ ul~ 'Z..o .=i:~ ~~~ :0 a: . . \ No.5173 } -.L ..., .. . ..... T . .. ~i r'~~~~? avid B. Raglan License Expires DESCRIPTION NORTHPARK CSUSB remanent piece 10-15-07.DOC \ . ,\1 ./x...... , I IL./ \ , I I '{ \ ...1k.... ~~~~ / \ \ .;........ I :-lPUS P~ _~~~, '- I ./ I C~"", r;2ff;?~<'tS' \ \ , \ ./ \I t-\61!l-~ '}..,' , /(~~~A ;:.?'\"6B.169. ~r '\ . \ \"\ I ....-- r;; \..... 1/4 COIlNE1f, ' _-'_/ \....--- ~ - ... _ ~ 8 ,... \\ /\-- ~./r...\" ,01 s814g;]j:E -"" /\~ .... \ ,\ I ~81~ .. \ \ ' , .t: . , . \ , I .~ '?J-v~. \ , ' \, -tS'\~ G.E. \tERER ~RVEY \~ ~ I ~ ~ I \ COR. ;'4 PEl.? \ \'&. gig 1i \ 'i.' C.S. 1 \' ~ ~ I ~ <l , \ \ ' ~ V) ((j g 60' 60~ \' ,\ ~ '\ I 0 :.. \' \ \~- I i '\ \" I ~ \ \ 'O~./\ 'I ~ '~\",' 'I? , " 'I , , I \ '\' '- , , V' , , " SCALE: 1"=100' \, \ fl'" PIPELINE EASEMENT\\ '\ ~0.'! TO CALIFORNIA D. W.R\.\ ","'./ . PER BOOK 8503, ~, ')I~i~.. ./' PAGE I, O.R. , , . \ ~, , " " ,v_\ I TRACT 18509~1 ,\ 1\ \ ~ TJMJ 802/81 \\ I \\ \ I' ~ , , . \ -!:;. NORm PARK BOULEVARD '" I". '\ ',1' ',' PER CITY RIGHT OF WA Y MAP 3198-R ",,~~\\ ~ ~IC h.. r:: \\.;:t\, \ ex) L2 , ',' ~ \-t", . ~ L3 " .t::... ~_"/~ \I L4 , ~ -, J '/"g , L5 \ J-1'~~ ~~ , "6B" ~~/ , LB \ ,'......-... \ \ , - \ \ \ \ Cl ,.-1 TRANSTECH ENGINEERS, INC. 624 BREA CANYON ROAD WALNUT, CA 91789 \ \\ , . , .. 7.50' S/33'.?' ~, :.?S't- (/?I ~.\ '/ -"" ~~ DETAIL 'A' I"" NO SCALE , I ;- I , / I / - i Il') ~! TEMPORARY EASEMENT FOR 1'-': ~7! NORm PARK BOULEVARD PER " Q;.g, BOOK 6784, PAGE 227, O.R. . <:\i II e:, , 'Ie:, e:,' (0 't? Q:; CALiFORNiA STATE UNiVERSiTY SAN BERNARDiNO SEE DETAIL 'A' P,O,s. PAR, A R/S 21/98 PARCEL A 110 s.F. V///"i BEARING ELTA N 67'43'19" E S 68'14'47" W S 66'45'13" E S 21'45'13" E N 00'27'54" W N 36'16'00" W N 68'14'47" E N 21'45'13" W RADIUS LENGTH 25.64 29.88 26.87 54.49 20.63 46.01 187.71 24.52 6=07'06'16" 560.00 69.44 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT - =:o-;=:.. = -~ === = ~ """"'=~ Date } \....aJIl c. S(\1,{\-1 tIv V~ ISM 1.\ uan State of California County of Los ~e.(e~ On ~t). '2.Lt .01 before me, Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Name(s) of SigrlElr(s) )(personally known to me 1.- - - - - - :fi~'~:~~ 1 j ...... MIle . C"I ~.1 I J. ---... --=--- o (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/shelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above Signature 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Top of thumb here Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator DOther: RIGHTTHUr,1BPRINT OF SIGNER RIGHTTHUMBPRINT OF SIGNER Top 01 thumb here Signer Is Representing: Signer Is Representing: - .~ @2006 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1.800-876.6827 ~ The California State University ~ OFFICE OF THE CHANCELLOR oorn~rnD\Y7rn~ OCT 1 8 2007 Capital Planning, Design & Construction 401 Golden Shore, 2nd Floor Long Beach, CA 90802-4210 (562) 951-4135 FAX (562) 951-4923 Iwllson@calstate.edu CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT October 15, 2007 Mr. Les Fogassy Real Property Supervisor City of San Bernardino Development Services Department 300 North D Street San Bernardino, CA 92418-0001 Dear Les; Grant of Easement to City of San Bernardino - TLR No. SB 0702 Enclosed are two originals of the subject document, which grants an easement to the city for traffic lights and handicap ramps at Sierra Drive and Northpark Boulevard. After the documents are fully executed, please return one original to me and have the other recorded, and send a copy of the recorded document to me also. Thank you, l ;i~~ Linda Wilson Land Use Planning Program Manager Enc!. c: Nadeem Shafi File Without enclosures csu c.mp..... Fresno Monterey Bay San Francisco Bakersfield Fulklrton Northridge San Jose Channel Islands Humboldt Pomona San Lu~ Ob~po Chico Long Beach Sacramento San Maroos Dominguez Hills Los Angekls San Bemardino Sonoma East Bey Maritime Academy San Dklgo Stanislaus 1 2 3 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 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF ACCEPTANCE OF AN ASSIGNMENT FROM PARK-UNIVERSITY, LLC OF AN AGREEMENT AND GRANT OF EASEMENT FROM THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY TO PARK- UNIVERSITY, LLC FOR LANDSCAPE INSTALLATION AND MAINTENANCE GENERALLY LOCATED ALONG THE NORTHWESTERLY SIDE OF NORTHPARK BOULEVARD, SOUTHERLY OF CAMPUS PARKWAY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of the City, acceptance from Park-University, LLC of an Assignment of an Agreement and Grant of Easement from the Trustees of the California State University to Park-University, LLC for landscape installation and maintenance generally located along the northwesterly side of Northpark Boulevard, southerly of Campus Parkway, subject to the conditions as set forth therein and more specifically described in said Assignment of Agreement and Grant of Easement, a copy of which is attached hereto as Exhibit "1" and made a part hereof. III III ;VD, If] D 11/29/07 I , ' 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE 2 EXECUTION OF ACCEPTANCE OF AN ASSIGNMENT FROM PARK-UNIVERSITY, LLC OF AN AGREEMENT AND GRANT OF EASEMENT FROM THE TRUSTEES OF THE CALIFORNIA STATE 3 UNIVERSITY TO PARK-UNIVERSITY, LLC FOR LANDSCAPE INSTALLATION AND MAINTENANCE GENERALLY LOCATED ALONG THE NORTHWESTERLY SIDE OF NORTHPARK BOULEVARD. 4 SOUTHERLY OF CAMPUS PARKWAY. 5 6 7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof 8 held on the 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 day of , 20_. by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of .20_ PATRICK 1. MORRIS, Mayor City of San Bernardino Approved as to form: ES F. PENMAN ty Attorney I 1/29/07 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City Hall JUU N. "U" :>t:reet: San Ilt"Illudiuu, CA 92418 (Space Above Line for Recorder's Use Only) ASSIGNMENT OF AGREEMENT AND GRANT OF EASEMENT This ASSIGNMENT OF AGREEMENT AND GRANT OF EASEMENT (this "Assignment") is made on 2007, by Park-University, LLC, a California limited liability company, ("Assignor"), in favor of The City of San Bernardino ("Assignee"). For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby grants, conveys, transfers and assigns to Assignee all of Assignor's right, title and interest in. to and under that certain Agreement and Grant of Easement, a copy of which is attached hereto as Exhibit "A", by and between the State of California through its Trustees of the California State University, as grantor, and Assignor, as grantee, recorded on July 14, 2004, as Instrument No. 2004-0499253 Official Records of the County of San Bernardino, State of California (the "Easement"), which relates to that certain real property located in the County of San Bernardino, State of California and more particularly described in Exhibit "8" attached hereto and incorporated herein by this reference. Assignor shall indemnify, protect, defend and hold Assignee harmless from and against any and all claims, demands, liabilities, losses, costs, damages or expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or resulting from any breach or default by Assignor under the Easement arising prior to the date hereof. Assignor hereby covenants that it will, at any time and from time to time upon written request therefor, at Assignee's sole expense and without the assumption of any additional liability thereby, execute and deliver to Assignee, its successors and assigns, any new or confirmatory instruments and take such further acts as Assignee may reasonably request to ti.Illy evidence the assignment contained herein and to enable Assignee. its successors and assigns to fully realize and enjoy the rights and interests assigned hereby. Assignee hereby accepts the foregoing assignment and agrees to assume. pay. perform and discharge. as and when due. all of the agreements and obligations of Assignor under the Easement arising from and after the date hereof and agrees to be bound by all of the terms and conditions of the Easement. The foregoing acceptance and assumption by Assignee is made for the benefit of Assignor. EXHIBIT "1" 00097U35/JS901. ] t"~-1... ~ hi" Assignee shall indemnify. protect. defend and hold Assignor harmless from and against any and all claims. demands. liabilities. losses. costs. damages or expenses (including. without limitation. reasonable attorneys' fees and costs) arising out of or resulting from any breach or default by Assignee under the terms of the Easement arising on or after the date hereof. The provisions of this Assignment will be binding upon. and will inure to the benefit of. the successors and assigns of Assignor and Assignee, respectively. This Assignment may be executed in any number of counterparts, each of which will be deemed an original, but all of which when taken together will constitute one and the same instrument. The signature and acknowledgment pages of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) and acknowledgment(s) thereon, provided such signature and acknowledgment pages are attached to any other counterpart identical thereto except having additional signature and acknowledgment pages executed and acknowledged by other parties to this Assignment attached thereto. [SIGNATURES ON NEXT PAGE] (}(j11i7,tl3:'/.,l'Nllll , ' IN WITNESS WHEREOF, Assignor and Assignee have caused their duly authorized representatives to execute this Assignment as of the date first above written. ASSIGNOR: Park-University, LLC, a California limited liability company APPROVED AS TO FORM: By: James R. Watson, Manager James F. Penmu, City Attorney ASSIGNEE: By: City of San Bernardino By: Name: Title: BY ITS SIGNATURE BELOW, THE STATE OF CALIFORNIA THROUGH ITS TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, HEREBY CONSENTS TO THE ASSIGNMENT OF THE EASEMENT BY ASSIGNOR TO ASSIGNEE: Trustees of the California State University By: Name: Title: [CONTINUED ON NEXT PAGE] on()Q703~:JSl)n] [ CERTIFICATE OF ACKi"JOWLEDGEMENT OF NOTARY PUBLIC STATE OF CALlFOR."lIA, ) COlJNTY OF ) On before me, notary public in and for said County and State ,personally appeared , a 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 hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary Public) CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC STATE OF CALIFORNIA, ) COUNTY OF ) On before me, notary public in and for said County and State ,personally appeared , a 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 hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), acted, executed the instmment. WITNESS my hand and official seal. (Signature of Notary Public) uOOt)7,oJ1,'i/JXlJ01.1 CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC STATE OF CALIFORNIA, ) COUNTY OF ) On before me. notary public in and for said County and State ,personally appeared . a 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s). acted. executed the instrument. WIlNESS my hand and official seal. (Signature of Notary Public) II(jol)70J5l1X901 I , ' EXHIBIT "A" AGREEMENT AND GRANT OF EASEMENT 000970J.:'i/.1S901.1 '). .' I al''''-7C)'' 7//c. TlR No. S8 03-03 Recorded In OIfl~_'aI Re~ordr. Counrv 01 San BernardIno ~I:~ LARRY WALKER . ;:::~:~:IJ: :::. - c. Doc#: 2004 - 0499253 II i ~lIl"illl'~/lllllml'111'~ I~ 7114/201 8:00 AA CV RECORDING REQUESTED BY: The Trustees of The California State University WHEN RECORDED MAIL TO: The California State University 401 Golden Shore Long Beach, California 90802-4210 Atten.tion: Land Records. CPDC mi..: 2 Pag..: ~e.s ~.':~ ~.o?\?' e.~e Ie..~ r.x.. Ot,"er- PM:) - SPACE ABOVE THIS LINE FOIl RECORDER'S USE _ AGREEMENT AND GRANT OF EASEMENT This A9reement and Grant of Easement is entered into by and between the State of Caiifornia through its Trustees of the Califomia State University, ("Trustees") and Park-University LLC, a California limited liability company ("Grantee"). Trustees pursuant to the provisions of Section 89048 of the California Education Code, 'alld' in consideration of the mutual promises contained herein, hereby grant unto Grantee, its Successors and assigns, an easement, subject to the rights of Trustees reserved herein, onto, over, across, under and above that certain real property described in El<hiblt "A," attached hereto, for the purposes of constructing, and maintaining a iandscaped area and for ingress and egress for pedestrians and construction, maintenance and emergency vehicles. This easement for a landscaped area allows walkways, benches, and other hardscape and landscape appropriate for relaxation, study, contemplation, and conversation but prohibits construction of recreational equipment and scheduling for organized sports/activities. It is understood that the ownership of the property is in the State of California dedicated to state university purposes and that Trustees may terminate this easement at any time When Trustees determines the property is needed for other purposas. Further, tha Trustees may construct in the easement area signage, an information booth, and other entrance structures welcoming visitors to the university campus. It Is also understood that Grantee shall be entitled to transfer the easement granted herein to the City of San Bernardino for Inclusion, in a Landscape Maintenance District. Trustees shall cooperate with such transfer and enter into such further documentation as conveys the rights, obligations, and limitations expressed herein. PROVIDED, that this Agreement and Grant of Easement is subject to the following terms and conditions: 1. This Agreement and Grant of Easement is SUbject to existing contracts, leases, 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 landscaping, improvements and 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. Trustees shall have the right of 'ree access to the easement area at all times in emergency situations. In non-emergency situations. Trustees shall provide adequate notice to Grantee, and shall coordinate university operations in the easement area in a manner mutually agreeable be~Neen Grantee and the campus officiai deSignated on the s,gnature page of thiS document, or their respective delegates. 4. Grantee waives all claims against Trustees, its officers, agents and employees, for loss or damage caused by, or arising out of, or in any way connected with the exercise of this easement. and Grantee agrees to save and hold harmless, indemnify and defend Trustees, its officers, agents and employees, from any and all IO:\'S.D'Im~e .+",J j;...b",~y C4oJ,eJ by} Chic..."., !-'H.. ~"-'-" ~nstrument by requost as an accommoda. (~l"(,'~.J,Jtlon only and has net ex~mf1Gd it tor regu- Page 1 of 2 larity and iUfficlency or as to its effect upon the tille 10 any real properly that may be delcrlbed herein. arising out of or in any way connected with the exercise by Grantee of the rights hereby granted, except ioss, damage and liability arising out of the sole negligence of the Trustees. 5. The covenants expressed herein shall bind successors and assigns and shall run with the land. APPROVED: Park-University, LLC Date .IY/, 27t)( ') Page 2 of2 L, ~MMENDED: .../L. ~ Davi eMaur" Vice President for Administration and Finance California State University, San Bernardino APPROVED: State University By: EI~re Sa .Juan '" b" . IVy,-" /=", ._ , AsSistant Vice Chanc lIor '5 c-" )~.~ \ Capital Planning, Design & Construction Date ~(2-(i?Lf State of California l J ss County of Orange On May 27, 2004, before me, Janice Wall, Xotary Public, personally appeared James R. Watson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. j@' com~:~!f~61:6 - f t. Notatv PlIbIIc . CoIiIotnIa ; ! '. Orange CounIv ! j _ _ _ ~:~m'!'~~~~6f Place Notary Seal Above 1..' J'-,----.v.v \.00... . I( S,ig"at~ of Notary Public Commi~on# 1316136 EXpires 8/29/05 Optional Though the information below is not required by law. it may prove valuable to persona relying on the document and could prrvent fraudulent removal and reattachmentofthia form to another document. Description of Attached Document Title or Type of Document: Agreement and Grant of Easement TLR No. SB OS'03 (Landscape Easement) Document Dated: May 27, 2004 Number ofpalea: 2 pagea and 1 E.>xhibit CapacityUeS) Claimed by Sign.er Signers Name: James R. Wataon X Individual Corpora.te Officer"TitIe{s): Partner - Limited General Attorney in Fact Trustee Guardian or Conservator Other: X Signer is Representing: Manager fOr Park-University, LtC Other signers David OeM,HlT/) Vice PrC'sidc:1t fur Administration and Finance Cal.iforr.ia State L'mvt>r.<:lity, San Bflrnardinc Eh;Yl'a San ,fuan AsSIstant VIce Chancellor Capital Planning, Dr:sign & Construction CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT S ';;':,\:.'"::"":''';;<:~~.(~{'..3::1.:;'::;~'<';;''{~';::'G.:.;,~'''~;.;,:~:_,>;::''';:~?"i:;,>=::;.:~i;:-::G".X:---X("';;~~;5~:';L':::_:"'-::' >:.c::,,-;"-,:::,~, .;~>:.;~>::,~..--:/'":: >-.: :~> . " -,~ " ;; " ~') .~ , y. >::: :) ;~ ~.~ 'io. J:~ " {~ " ':~ ':' ~~ of satisfactory .. t: to be the person(s) whose name(s) is/are subscribed 10 the within instrument and acknowledged to me that heJsheithey executed the same in his/her/their authorized capacity(ies), and that by hie/her/their signature(s) on the instrument the person(s), or the entity upon behelf of Which the person(s) acted, executed the instrument l: '.j, X ;". " l' ;.~ <:' '?\ t ~: )? p, ;; " '~ ,l.. GWENDOLYN SMITH ~ _ c_. I 13&2118 III III ' IOTAI'II'IIIlIC,~ !! ~ IIy eo: = :'!l,11III 't , " }:' < r r> ) , " (~. :..:- OPTIONAL Though the in/ormatIOn beJow is not required by I8IN, it may ptOWJ valusb/8 to persons relying on lhe document and could prevent (rau(jJ/enl removal and reattachment of thIS form to anothtlr dOcument. i:': /; i~~ </ ,") '!il V i ?, ;~~ t: :~i; /,: 'l' V '~; ~ ,,') L~ :> , I." "6 t <: Description of Attached D Title or Type ,~ , Document Oafe: , Number of Pages::q ',' ~~.~/~ffi7;~~ Signer(s) Other Than Capaclty(!es) Claimed bV Signer Signer's Name: ;~ <) .~~ ~"J Individual :::::: Corporate Officer - Tille{s): = Partner -:: Umited :' General -: Attorney.jr:~Fact Trustee Guardian or Conservator Other: ______ !' " S:gr.er IS Rapresentir.g:__ . . .'. :,',' ~.<.:~, . '/:-;~':'-- _..... .~._. 'r" "'".' '.. ., ~ ,'- ~,'- ," -':'>,' -~.-- ,,'~ --.:';::'''.,,':.-'. ',~ ',' "",' .;., J... 'f~!,),'_ ....-.;~:.:...~,.:~ . \ .:~;~ :;_ s,.~ J..._. ~.: C'" ~,.~' . : ',':_ A.'.T_ :A'C "," .l.'~;. . ....." ":-',".' "',;,'.., ~.c c._, ]~, C;4' P, 'f .....; '_, '''''''' Ii EXHIBIT "8" LEGAL DESCRIPTION OF REAL PROPERTY (}()().n()3~/3X9()1 I DESCRIPTION Passive Park....-, ., That portion of Sections 7 and 8, Township I North, Range 4 West San B~rnardino Meridian, (unsurveyed), lying in the Rancho ~fuscupiabe per plat recorded in Book 7 of Maps, page 23, records of the County Recorder of San Bernardino County, State of California, described as follows: COMMENCING at Comer Nwnber 14 as delineated on the G.E. Sherer survey on file in the County Surveyor's Office as C.S. No. 1780, said point being on the easterly line of the property conveyed to the City of San Bernardino as Parcel Nwnber I in the Deed recorded in Book 724, Page 8 of Deeds, records of said County; thence South 21045'13" East, 24.52 feet to the POINT OF BEGINNING; thence South 21045' 13" East, 430.60 feet to the beginning of a non-tangent curve, concave easterly, having a radius of 414.61 feet, the radius point of which bears South 67002'06 East; thence northeasterly along said curve through a central angle of 5034' 14", a distance of 40.31 feet to the beginning of a non-tangent curve, concave easterly, having a radius of 560.00 feet, the radius point of which bears South 68051 '49" East; thence northerly along said curve through a central angle of2025'40", a distance of23.73 feet to the beginning of a tangent reverse curve, concave westerly, having a radius of 440.00 feet, the radius point of which bears North 66026'09" West; thence northerly along said curve through a central angle of 45019'04", a distance of 348.02 feet; thence North 21045' 13" West, 54.49 feet; thence North 66045' 13" West, 26.87 feet; thence South 68014'47" West, 157.82 feet to the easterly line of that property conveved to the City of San Bernardino as Parcel Nwnber I in the Deed recorded in Book 724, Page 8 of Deeds, records of said County and the POINT OF BEGINNING. This legal description was prepared by me or under my direction in conformance ",ith the Land Surveyor's Act. TRANSTECH ENGINEERS, INe. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City Hall SUU N. "U" :>t:reet: San 5elnaldinu, CA 92418 (Space Above Line for Recorder's Use Only) ASSIGNMENT OF AGREEMENT AND GRANT OF EASEMENT This ASSIGNMENT OF AGREEMENT AND GRANT OF EASEMENT (this "Assignment") is made on 2007, by Park-University, LLC, a California limited liability company, ("Assignor"), in favor of The City of San Bernardino ("Assignee"). For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby grants, conveys, transfers and assigns to Assignee all of Assignor's right, title and interest in, to and under that certain Agreement and Grant of Easement, a copy of which is attached hereto as Exhibit "A", by and between the State of California through its Trustees of the California State University, as grantor, and Assignor, as grantee, recorded on July 14, 2004, as Instrument No. 2004-0499253 Official Records of the County of San Bernardino, State of California (the "Easement"), which relates to that certain real property located in the County of San Bernardino, State of California and more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference. Assignor shall indemnify, protect, defend and hold Assignee harmless from and against any and all claims, demands, liabilities, losses, costs, damages or expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or resulting from any breach or default by Assignor under the Easement arising prior to the date hereof. Assignor hereby covenants that it will, at any time and from time to time upon written request therefor, at Assignee's sole expense and without the assumption of any additional liability thereby, execute and deliver to Assignee, its successors and assigns, any new or confirmatory instruments and take such further acts as Assignee may reasonably request to fully evidence the assignment contained herein and to enable Assignee, its successors and assigns to fully realize and enjoy the rights and interests assigned hereby. Assignee hereby accepts the foregoing assignment and agrees to assume, pay, perform and discharge, as and when due, all of the agreements and obligations of Assignor under the Easement arising from and after the date hereof and agrees to be bound by all of the terms and conditions of the Easement. The foregoing acceptance and assumption by Assignee is made for the benefit of Assignor. 00097.035/38901.1 Assignee shall indemnify, protect, defend and hold Assignor harmless from and against any and all claims, demands, liabilities, losses, costs, damages or expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or resulting from any breach or default by Assignee under the terms of the Easement arising on or after the date hereof. The provisions of this Assignment will be binding upon, and will inure to the benefit of, the successors and assigns of Assignor and Assignee, respectively. This Assignment may be executed in any number of counterparts, each of which will be deemed an original, but all of which when taken together will constitute one and the same instrument. The signature and acknowledgment pages of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) and acknowledgment(s) thereon, provided such signature and acknowledgment pages are attached to any other counterpart identical thereto except having additional signature and acknowledgment pages executed and acknowledged by other parties to this Assignment attached thereto. [SIGNATURES ON NEXT PAGE] 00097035138901.1 ,1._ IN WITNESS WHEREOF, Assignor and Assignee have caused their duly authorized representatives to execute this Assignment as of the date first above written. ASSIGNOR: Park-University, LLC, a California limited liability company By: James R. Watson, Manager APPROVED AS TO FORM: James F. Penman, City Attorney By: Name: Title: .4- ASSIGNEE: City of San Bernardino BY ITS SIGNATURE BELOW, THE STATE OF CALIFORNIA THROUGH ITS TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, HEREBY CONSENTS TO THE ASSIGNMENT OF THE EASEMENT BY ASSIGNOR TO ASSIGNEE: Trustees of the California State University By: Name: Title: [CONTINUED ON NEXT PAGE] 00097.035138901.1 CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC STATE OF CALIFORNIA, ) COUNTY OF ) On before me, notary public in and for said County and State ,personally appeared , a 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 hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary Public) CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC STATE OF CALIFORNIA, ) COUNTY OF ) On before me, notary public in and for said County and State ,personally appeared , a 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 hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s), acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary Public) 00097.035/38901.1 CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC STATE OF CALIFORNIA, ) COUNTY OF ) On before me, notary public in and for said County and State ,personally appeared , a 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 signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s), acted, executed the instrument. WIlNESS my hand and official seal. (Signature of Notary Public) 00097035/38901.1 EXHIBIT "A" AGREEMENT AND GRANT OF EASEMENT 00097.035138901.1 EXHIBIT "B" LEGAL DESCRIPTION OF REAL PROPERTY 00097.035/38901.1 a~jC1~/!rf/c_ TLR No. S8 03-03 R9"O"'dln ~rJ"al Roc.nI.. Counly 01 San Bernardino ... LARRY WALKER ,- AUdfto,fControll., - R.cord., r I ,,;.;r,. I 'c 730 Chicago Tille Company - CIS I iilii 7fl4f20( 8:00 AA CV RECORDING REQUESTED BY: The Trustees of The California State University Tftles: 2 Pages: WHEN RECORDED MAil TO: The California State University 401 Goiden Shore Long Beach, Caiifornia 90802-4210 Attention: Land Records, CPDC Fe.. r.xes e.ee 0.ee 8.00 Ie. tie Ott'ler- PAID . SPACE ABOVE THIS LINE FOR RECORDER'S USE. AGREEMENT AND GRANT OF EASEMENT This Agreement and Grant of Easement is entered into by and between the State of California through its Trustees of the California State University, ("Trustees") and Park-University LLC, a California limited liability company ("Grantee"). Trustees pursuant to the provisions of Section 89048 of the California Education Code, and; in consideration of the mutual promises contained herein, hereby grant unto Grantee, its Successors and assigns, an easement, SUbject to the rights of Trustees reserved herein, onto, over, across, under and above that certain real property described in Exhibn "A," attached hereto, for the purposes of constructing, and maintaining a landscaped area and for ingress and egress for pedestrians and construction, maintenance and emergency vehicles. This easement for a landscaped area allows walkways, benches, and other hardscape and landscape appropriate for relaxation, study, contemplation, and conversation but prohibits construction of recreational eqUipment and scheduling for organized sports/activities. It is understood that the ownership of the property is in the State of California dedicated to state university purposes and that Trustees may terminate this easement at any time When Trustees determines the property is needed for other purposes. Further, the Trustees may construct in the easement area signage, an information booth, and other entrance structures welCOming visitors to the university campus. It is also understood that Grantee shall be entitied to transfer the easement granted herein to the City of San Bernardino for inclusion, In a Landscape Maintenance District. Trustees shall cooperate with such transfer and enter into such further documentation as conveys the rights, obligations, and limitations expressed herein. PROVIDED, that this Agreement and Grant of Easement is subject to the following terms and conditions: 1. This Agreement and Grant of Easement is subject to existing contracts, leases, easements, encumbrances and claims which may affect said real property, and the use of the word "Granr herein shall not be construed as a covenant against the existence of any thereof. 2. Grantee agrees that any landscaping, improvements and 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. Trustees shall have the right of free access to the easement area at all times in emergency situations. In non-emergency situations, Trustees shall provide adequate notice to Grantee, and shall coordinate university operations in the easement area in a manner mutually agreeabie between Grantee and the campus official designated on the signature page of this document, or their respective delegates. 4. Grantee waives all claims against Trustees, its officers, agents and employees, for loss or damage caused by, or arising out of, or in any way connected with the exercise of this easement, and Grantee agrees to save and hold harmless, indemnify and defend Trustees, its officers, agents and employees, from any and all loss,DIlm~e ...."'.1 lI...bd,+y c4<J~u1 by) Chic",,;c ,.;H... hA~' ...lnslrumenfby reqoosl as an accommoda- Ci(;;,.J,J tlon only and has not examined it for regu- Page 1 of 2 larlly and SUfficiency or as to its effect upon the lille 10 any real properly that may be de.arlbed herein. arising out of or in any way connected with the exercise by Grantee of the rights hereby granted, except loss, damage and liability arising out of the sole negligence of the Trustees. 5. The covenants expressed herein shall bind successors and assigns and shail run with the land. APPROVED: Date /14;- 27 tJ( ') Page 2 of 2 AP~MMENDED: yv2l:.v....-____. Davi eMauro Vice President for Administration and Finance California State University, San Bernardino APPROVED: State University By: Elvyra Sa Juan ., "-'0 . Vy 0\ F- Assistant Vice Chan 1I0r S tv!"1 )~C" \ Capital Planning, Design & Construction Date 0(z.f oLf .1-- DESCRIPJ.!ON Passive Park--; .., That portion of Sections 7 and 8, Township I North, Range 4 West San Bernardino Meridian, (unsurveyed), lying in the Rancho Muscupiabe per plat recorded in Book 7 of Maps, page 23, records of the County Recorder of San Bernardino County,' State of California, described as follows: COMMENCING at Corner Number 14 as delineated on the G.E. Sherer survey on file in the County Surveyor's Office as C.S. No. 1780, said point being on the easterly line of the property conveyed to the City of San Bernardino as Parcel Number I in the Deed recorded in Book 724, Page 8 of Deeds, records of said County; thence South 21045'\3" East, 24.52 feet to the POINT OF BEGINNING; thence South 21045' 13" East, 430.60 feet to the beginning of a non-tangent curve, concave easterly, having a radius of 414.61 feet, the radius point of which bears South 67002'06 East; thence northeasterly along said curve through a central angle of 5034'14", a distance of 40.31 feet to the beginning of a non-tangent curve, concave easterly, having a radius of 560.00 feet, the radius point of which bears South 68051'49" East; thence northerly along said curve through a central angle of2025'40", a distance of23.73. feet to the beginning of a tangent reverse curve, concave westerly, having a radius of 440.00 feet, the radius point of which bears North 66026'09" West; thence northerly along said curve through a central angle of 45019'04", a distance of348.02 feet; thence North 21045' 13" West, 54.49 feet; thence North 66045'\3" West, 26.87 feet; thence South 68014'47" West, 157.82 feet to the easterly line of that property conveyed to the City of San Bernardino as Parcel Number I in the Deed recorded in Book 724, Page 8 of Deeds, records of said County and the POINT OF BEGINNING. This legal description was prepared by me or under my direction in conformance with the Land Surveyor's Act. TRANSTECH ENGINEERS, INC. State of California } ss County of Orange On May 27, 2004, before me, Janice Wall, Notary Public, personally appeared James R. Watson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. J@- -.. CO~=f~61~6- J i ,.. Notary l'IlbIlc . ColIIomka f J' Otonge COtlrllV f- J _ _ _ ~:~m'!X~~29.:~5 Place Notary Seal Above WITNESS my hand and official seal. C::"O',('~ \.,,-)ill Sfg"at~ of Notary Public ~omm~on# 1316136 ElqHl'I!S 8/29/05 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. Deecription of Attached Document Title or Type ofDocu.ment: Agreement and Grant of Easement TLR No. sa 08-03 Q...andscape Easement) Document Dated: May 27. 2004 Number ofpapa: 2 pages and 1 exhibit Capaeity{ies) Claimed by Signer Signers Name: James R. Wataon X Individual Corporate Officer-Title(s): Partner - Limited General Attorney in Fact Trustee Guardian or Conservator Other: X Signer is Representing: Manager wr Park.University, LLC Other signers David DeMauro Vice President for Adminutration and Finance California State University, San Bernardino Elvyra San Juan Assistant Vice Chancellor Capital Planning, Design & Construction CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT sf<::""'Q~~~~~~~&~~"'.dQ.f.::('~=:Q:?.t;:f..<";X:.e{::~"'!'~~..cr~~Q.~~C(.o::-<x:{.-:<,~~"'f:~~,{(;{...:c~'.'r;c,::,c'{<;:':Oi>.' ~ 0. ~ 1 ~ State of cell~~ } ~ ~ county~~ ss. Ii 6 X ~ i before me ~ ~ pe { ~ ~ ~ ~ ;;....,; of satisfactory i.'> ?;: p ~ to be the person(s) whose name(s) is/are ~ ~ subscribed to the within instrument and ~, ~ J.. GWEllDOLYN SMITH ~ acknowledged to me that he/she/they executed "I ~,:; _ C_.I1362518 1ft the same in his/her/their authorized ;~ '" Ill' lIOTAIl'f PUIIlC._ !! capacity(ies), and that by his/her/their ~" ~ ~ Us AItIIo&:':'I lOOt. signature(s) on the instrument the person(s), or a .i'i IIy - _.11.. the entity upon behalf of which the person(s) I) ~; acted, executed the instrument. . / ~ 1 ~ ~ i ,"; ,(4~ ~ ;~} i~ 6 $) ~' ~ ,~; ~ ~ @ (I;! ~~ :t;, 0.; t ~! f:! ,~ :~ {';': ~ ~ ~ :t, g 1l: 1-: r> (; Signer Is Representing: <"'; ( t,;, ~:.';:<--i:;'::;'ijCZX";.<-=--'C.z.<-~~<.v-..;~:.r:-'<';''6'.,;.<<Y'_i:;C{.'-:.~:''::;~''"~~~(}~:t...-<.,;;(''_.(.)C'z..;c--<:"'C<'Z.i::,'c:;;.;:.~<><.>:;.('...(::c.::~~:.('.<...i><;.:;,-":.<:.';"::~Y';<;'.:~:'::', ;": .. OPTIONAL Though the information below is nor reqUired by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattBchment of thi$ form to S/lOth6r document. ;>::' \- (~, A j..: TItle or Type ,,:: :>: tj Document Date: Capaclly(les) Claimed by Signer (; <) l' .1 :~ ~':i", ~~ ,) (j' ~, ~ ;>:. '/ Signer's Name: ~ I I I : i 1 , I o IndividuaJ :J Corporate Offlcer - TItte(s): [J Partner - CJ Um~ed CJ aeneral =: Attorney-In-Fact = Trustee '- Guardian or Conservator C Other: " ~,-<: , " <:; ~99>l ~JU~ ~ryA~...~or. .~:.!f., De Sdo1<je.. P.O, &.a ~4C;i' .C"".....o''1'>, C,l,gl~'3.~4~. ___~.;IonaJ"'~!a""Q"1 PI't>1.>Oo5%7 "K,:j/!t, C"," '";:.ii-F,u ~ -I'_OO.~,~.~~.~