Margaret L. Miller-2021-28 abXL -z$
SETTLEMENT AGREEMENT & RELEASE OF ALL CLAIMS ENTERED INTO
BETWEEN THE CITY OF GRAND TERRACE, CSG EV,LLC, AND MARGARET L.
MILLER
This SETTLEMENT AGREEMENT & RELEASE OF ALL CLAIMS ENTERED INTO
BETWEEN THE CITY OF GRAND TERRACE, CSG EV, LLC, AND MARGARET L.
MILLER ("Agreement") is entered into on 5 , 2021, by and between the City
of Grand Terrace, a municipal corporation ('City'), CSG EV, LLC, a Delaware limited liability
company ("CSG"), and Margaret L. Miller ("Miller"), (collectively "Parties"), to resolve fully
and finally all disputes between the Parties arising out of, or related to, all claims raised by Miller
against City and CSG in Miller's letter dated March 3, 2020, ("March 3, 2020, Letter"). The
Effective Date of this Agreement shall be the date of the last Parry signature.
RECITALS
WHEREAS, the City's City Hall property is located at 22795 Barton Road, Grand
Terrace, CA 92313 ("City Property"); and
WHEREAS, Miller is the owner of the property located at 22797 Barton Road, Grand
Terrace, CA 92313 ("Miller Property"); and
WHEREAS, the Miller Property and City Property are adjacent to the other; and
WHEREAS, an easement (Document No. 83-300503) has been recorded over City
Property permitting Miller ingress into and egress out of the Miller Property over 11 feet of the
easterly line of the City Property("Miller Access Easement"); and
WHEREAS, an easement (Document No. 83=300504) has been recorded over the Miller
Property permitting City ingress into and egress out of City Property over 10 feet of the westerly
line of the Miller Property("City Access Easement"); and
WHEREAS, the City contracted with CSG to build certain improvements that include,
but is not limited to, electric vehicle charging stations and appurtenances ("CSG Agreement");
and
WHEREAS, in the March 3, 2020, Letter, Miller alleges that the City has not adhered to
the Miller Access Easement by impeding Miller's use of the Miller Access Easement and,
further, alleges that the City and CSG has improperly entered the City Access Easement in
violation of the terms and conditions of the City Access Easement for the purpose of constructing
electric vehicle charging stations and appurtenances pursuant to the CSG Agreement, and,
consequently,Miller claimed that she has suffered financial injury of$5,000.00 ("Claims"); and
WHEREAS, following discussions between City, CSG, and Miller, the Parties have.
agreed on terms in compromise of the issues raised in the Claims and the March 3, 2020, Letter;
and
01247.00W4 -
tyCiace CSG EV LLC Margaret Miller Initials
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WHEREAS, the Parties wish to memorialize their understanding regarding resolution of
the Claims and the March 3, 2020, Letter.
AGREEMENT
NOW, THEREFORE, for full and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, and based upon the foregoing recitals and the terms, conditions,
covenants, and agreements contained herein, the Parties agree as follows:
1. Settlement.
a. Settlement Amount.
i) Miller acknowledges and agrees that, on July 24, 2020, in
order to resolve the Claims pursuant to this Agreement,
CSG sent payment by way of a check to Miller in the
amount of FIVE THOUSAND DOLLARS AND ZERO
CENTS ($5,000.00) in relation to Miller's financial
hardship under the Claims and such check was successfully
deposited by Miller on July 31, 2020 ("Settlement
Payment"). Therefore, Miller agrees that the Settlement
Payment is incorporated herein as part of the settlement and
resolution of the Claims.
ii) Documentation of CSG's payment of the Settlement
Payment to Miller is attached hereto in Exhibit B of this
Agreement, and Miller agrees that Exhibit B of this
Agreement shall constitute sufficient evidence and
documentation that Miller has been paid the Settlement
Payment.
b. Utility Easement. No later than June 1, 2021, Miller shall execute and
record a utility easement over the Miller Property in favor of Southern California
Edison Company in the form as provided in Exhibit C.of this Agreement, provided
by Southern California Edison Company.
e. Amendment to City Access Easement and Miller Access Easement.
City and Miller agree to execute and record amendments to the City Access Easement
and the Miller Access Easement as necessary to address concerns raised in the March
3, 2020 Letter relating to indemnification and parking, in the form as provided in
Exhibit A(2) of this Agreement.
2. General Release. For valuable consideration, the receipt and adequacy of which
are hereby acknowledged, Miller does hereby release and forever discharge the City and CSG,
01247.0003/635424. i.
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City of GA errace CSG EV LLC Marghret Miller Initials
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and each of their current and former elected and appointed public officials, officers, employees
and agents, and including, but not limited to, each of their associates, predecessors, successors,
heirs, assignees, agents, directors, officers, employees, representatives, elected or appointed
public officials, attorneys, and all persons acting by, through, under or in concert with them, or
any of them ("Releasees"), of and from any and all manner of action or actions, cause or causes
of action, in law or in equity, suits, debts, liens, contracts, agreements,promises, liability, claims,
demands, damages, loss, costs or expenses, of any nature whatsoever, known or unknown, fixed
or contingent ("Claims"), which Miller now has or may hereafter have against City or CSG, any
Claims constituting, arising out of, based upon, or relating solely to the Claims or the March 3,
2020,Letter.
3. Discovery of Different or Additional Facts. The Parties acknowledge that they
may hereafter discover facts different from or in addition to those that they now know or believe
to be true with respect to the claims, demands, causes of action, obligations, damages, and
liabilities of any nature whatsoever that are the subject of the Release set forth in Paragraph 4 of
this Agreement, and expressly agree to assume the risk of the possible discovery of additional or
different facts, and the Parties agree that this Agreement shall be and remain effective in all
respects regardless of such additional or different facts related to the Abatement.
4. Release of Unknown Claims. The Release set forth above in Paragraph 2 of this
Agreement is a release of all known claims, demands, causes of action, obligations, damages, and
liabilities of any nature whatsoever that are described in the Release and is intended to
encompass all known and unknown, foreseen and unforeseen claims that Miller may have arising
out of or relating to the Claims or March 3, 2020, Letter, and except for any claims that may arise
from the terms of this Agreement.
Note: Upon the advice of legal counsel, Miller expressly does not agree to waive and
relinquish any future discoverable rights.
5. No Other Pending Actions. Miller represents that she has not filed any
complaint(s), cross-complaint(s) and/or charge(s) against the City, CSG, or Releasees, arising out
of or relating to the Claims or the March 3, 2020, Letter, with any local, state or federal agency or
court; and that if any such agency or court assumes jurisdiction of any complaint or charge
against the City, CSG, Releasees, or their predecessors, successors, heirs, assigns, employees,
shareholders, officers, directors, agents, attorneys, subsidiaries, divisions or affiliated
corporations or organizations, whether previously or hereafter affiliated in any manner, on behalf
of Miller, whenever filed, that Miller will request such agency or court to withdraw and dismiss
the matter forthwith.
6. Non-Admission of Liability. The Parties acknowledge and agree that this
Agreement is a settlement of claims. Neither the fact that the Parties have settled nor the terms
of this Agreement shall be construed in any manner as an admission of any liability by any party
hereto, or any of its employees, or an affiliated person(s) or entity/ies, including the City's or
CSG's attorneys, all of whom have consistently taken the position that they have no liability
01247.0003/635424
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City of Gra errace CSG EV LLC Ma et Miller Initials
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whatsoever.
7. No Assignment of Claims. The Parties warrant that they have made no
assignment, and will make no assignment, of any claim, cause of action, right of action or any .
right of any kind whatsoever, embodied in any of the claims and allegations referred to herein,
and that no other person or entity of any kind had or has any interest in any of the demands,
obligations, actions, causes of action, debts, liabilities, rights, contracts, damages, attorneys' fees,
costs, expenses, losses or claims referred to herein.
8. Successors and Assigns. This Agreement, and all the terms and provisions
hereof, shall be binding upon and shall inure to the benefit of the Parties and their respective
heirs, legal representatives, successors and assigns.
9. Knowing and Voluntary. This Agreement is an important legal document and in
all respects has been voluntarily and knowingly executed by the Parties hereto. The Parties
specifically represent that, prior to signing this Agreement, they have been provided a reasonable
period of time within which to consider whether to accept this Agreement, including whether to
retain legal counsel to assist them in. understanding all terms in the Agreement. The Parties
further represent that they have each carefully read and fully understand all of the provisions of
this Agreement, and that they are voluntarily, knowingly, and without coercion entering into this
Agreement based upon their own judgment, and upon advice of their legal counsel, if retained.
10. Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be considered an original but all of which shall constitute one agreement.
11. Enforcement Costs. Should any legal action be required to enforce the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs in
addition to any other relief to which that party may be entitled.
12. Injunctive Relief for Breach. The Parties acknowledge and agree that any
material violation of this Agreement is likely to result in immediate and irreparable harm for
which monetary damages are likely to be inadequate. Accordingly, the Parties consent to
injunctive and other appropriate equitable relief upon the institution of proceedings therefore by
any other parry in order to protect the rights of the Parties under this Agreement. Such relief shall
be in addition to any other relief to which the Parties may be entitled at law or in equity.
13. Severability. Should any portion, word, clause, phrase, sentence or paragraph of
this Agreement be declared void or unenforceable, such portion shall be considered independent
and severable from the remainder,the validity of which shall remain unaffected.
14. Waiver. Failure to insist on compliance with any term, covenant or condition
contained in this Agreement shall not be deemed a waiver of that term, covenant or condition,
nor shall any waiver or relinquishment of any right or power contained in this Agreement at any
one time or more times be deemed a waiver or relinquishment of any right or power at any other
time or times.
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City of G d T ce CSG EV LLC Margaret Miller Initials
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15. Governing Law; Venue. This Agreement is made and entered into in the State
of California, and shall in all respects be interpreted, enforced and governed under the laws of
said State without giving effect to conflicts of laws principles. Any action to enforcement,
invalidate, or interpret any provision of this Agreement shall be brought in San Bernardino
County Superior Court or the United States District Court for the Central District of California.
16. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties who have executed it and supersedes any and all other agreements, understandings,
negotiations, or discussions, either oral or in writing, express or implied between the Parties to
this Agreement. The Parties to this Agreement each acknowledge that no representations,
inducements,promises, agreements, or warranties, oral or otherwise, have been made by them, or
anyone acting on their behalf, which are not embodied in this Agreement, that they have not
executed this Agreement in reliance on any such representation, inducement, promise, agreement
or warranty, and that no representation, inducement, promise, agreement or warranty not
contained in this Agreement, including, but not limited to, any purported supplements,
modifications, waivers, or terminations of this Agreement shall be valid or binding, unless
executed in writing by all of the Parties to this Agreement. The terms of this Agreement govern
the reading, interpretation, and construction of this Agreement only.
17. Mutual Drafting. The Parties agree that this Agreement is the product of mutual
negotiations between the Parties, such that any provision of this Agreement that may require
judicial interpretation shall not be construed more strictly against either Party.
18. Modifications. Any alteration, change, or modification of or to this Agreement
shall be made by written instrument executed by each party hereto in order to become effective.
19. Authority to Sign. The persons executing this Agreement on behalf of the Parties
hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party and to bind that party,
(iii) by so executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into this Agreement does not violate any provision of any other
agreement to which said party is bound.
[SIGNATURE PAGE FOLLOWS]
0 1247.0003/63 5424. 5
City of Gr mace CSG EV LLC Margaret Miller Initials
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IN WITNESS WHEREOF, the undersigned have executed this Settlement Agreement
and Release of All Claims, on the dates set forth below.
"MILLER"
Dated: �11�1c� o2r , 2021 Margaret L. Miller, an individual
Margaret . Miller
"CSG"
Dated: �� , 2021 CSG EV,LLC, a Delaware limited liability
company
By:
- 2 4,/ 'a—
Name:
Title:
"CITY"
Dated• , 2021 CITY OF GRAND TERRACE, a municipal
co ation
Darcy
EST 4FORCIT-J-
ebra Th-eiej , lerk
APPROVED AS TO FORM FOR CITY:
Dated: 12021 ALESHIRE& WYNDppz—
By:
Adrian R. Guerra, Esq.
City Attorney
01247.0003/635424.15
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Exhibit A(2)
Amendment to City Access Easement and Miller Access Easement
01247.0003/635424.15
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
Attention: City Manager
Recorder's Use Only
APNs: 0276-202-76-0-000&0276-202-82-000 Exempt from filing/recording fees per Govt. Code
§27383
FIRST AMENDMENT TO EASEMENT FOR INGRESS AND EGRESS
THIS FIRST AMENDMENT TO EASEMENT FOR INGRESS AND EGRESS (the
"Amendment") is executed as of the day of ,S, 2021 between the CITY OF GRAND
TERRACE, a municipal corporation ("City") anRGARET L. MILLER, a married woman
as her sole and separate property ("Miller").
RECITALS
A. Whereas, the City is the owner of record of certain real property and the City Hall
located thereon at the property identified as APN 0276-202-82-0000 ("City Property"),
commonly known as 22795 Barton Road, Grand Terrace, CA 92313, and legally described as
follows:
ASSESSORS MAP NO 1 OF R W A GODREYS SUB COM AT
INTERSECTION SELY LI BARTON RD AND N LI PALM AVE TH E ALG
SD N LI PALM AVE 1256.42 FT TH N 00 DEG 02 MIN 00 SECONDS E
145.00 FT TO TRUE POB TH CONT N 00 DEG 02 MIN 00 SECONDS E
229.55 FT M/L TO SE COR PAR 2 PM 10439 TH S 89 DEG 26 MIN 30
SECONDS W ALG S LI SD PAR 2 218.59 FT M/L T SW COR SD PAR 2 TH N
00 DEG 02 MIN 00 SECONDS E 259.93 FT M/L TO SELY LI BARTON RD
(60 FT WIDE) TH SWLY ALG SD SELY LI 119.05 FT TH S 00 DEG 02 MIN
00 SECONDS W 316.67 FT TH N 89 DEG 27 MIN 10 SECONDS E 158.59 FT
TH S 00 DEG 02 MIN 00 SECONDS W 140.00 FT TH N 89 DEG 27 MIN 10
SECONDS E 79.29 FT TH N 00 DEG 02 MIN 00 SECONDS E 10.00 FT TH N
89 DEG 27 MIN 10 SECONDS E 79.29 FT TO TRUE POB
B. Whereas, Miller is the owner of record of certain real property and commercial
premises thereon identified as APN 0276-202-76-0-000 ("Miller Property"), commonly known
as 22797 Barton Road, Grand Terrace, CA 92313, and legally described as follows:
PARCEL 1 OF PARCEL MAP NO. 10439, IN THE CITY OF GRAND
TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
AS PER PLAT RECORDED IN BOOK 123, PAGE(S) 1 AND 2 OF PARCEL
MAPS,RECORDS OF SAID COUNTY
C. Whereas, on December 21, 1983, a grant deed was recorded in the Official
Records of San Bernardino County as Instrument Number 83-300503 wherein the City granted
the Miller Property an easement for ingress and egress over the following portion of the City
Property ("Easement Over City Property"):
A strip of land 11 feet in width, the Easterly line thereof being described as
follows:
Commencing at the intersection of the South line of Barton Road (formerly
Redlands-Riverside Road), as established by Deed to the County of San
Bernardino recorded May 18, 1932 in Book 795, Page 89 of Official Records of
said County, with the West line of Preston Street (formerly Stevenson Street) as
said street was established by Deed to the County of San Bernardino recorded in
Book 270 of Deeds, Page 213, Records of said County; thence Southwesterly
415.82 feet, more or less, along the said South line of Barton Road to the
Northwest corner of that certain parcel of land conveyed to Leslie H. Henson et
ux by Deed recorded June 6, 1958 in Book 4525, Page 167, Official Records of
said County, thence South 0° 02' 00" West 259.93 feet; thence North 89" 26' 30"
East 118.59 feet, thence South 0° 02' 00" West 77 feet; thence South 890 26 1 30"
West 218.59 feet to the True Point of Beginning, said point being the Southwest
corner of that certain parcel of land conveyed to Zampese and DeBenedet, a
partnership, by Deed recorded April 2, 1964 in Book 6120, Page 230, Official
Records of said County; thence North 0' 02' 00" East along the Westerly line of
the land so conveyed to Zampese & DeBenedet to the said South line of Barton
Road.
D. Whereas, on December 21, 1983, a grant deed was recorded in the Official
Records of San Bernardino County as Instrument Number 83-300504 wherein the owner of the
Miller Property granted to the City an easement for ingress and egress, which the City
reconstructed a road on such easement and has maintained such easement, over the following
portion of the Miller Property ("Easement Over Miller Property"):
A strip of land 10 feet in width, the westerly line thereof being described as
follows:
Commencing at the intersection of the South line of Barton Road (formerly
Redlands-Riverside Road), as established by Deed to the County of San
Bernardino recorded May 18, 1932 in Book 795, Page 89 of Official Records of
said County, with the West line of Preston Street (formerly Stevenson Street) as
said street was established by Deed to the County of San Bernardino recorded in
Book 270 of Deeds, Page 213, Records of said County, thence southwesterly
415.82 feet, more or less, along the said South line of Barton Road to the
Northwest corner of that certain parcel of land conveyed to Leslie H. Henson et
ux by Deed recorded June 6, 1958 in Book 4525, page 167, Official Records of
01247.0003/636378.9
said County, thence South 0° 02' 00" West 259.93 feet, thence North 89' 26`30"
East 118.59 feet, thence South 0° 02' 00' West 77 feet, thence South 89"' 26`30"
West 218.59 feet to the True Point of Beginning, said point being the Southwest
corner of that certain parcel of land conveyed to Zampese and DeBenedet, a
partnership, by Deed recorded April 2, 1964 in Book 6120. Page 230, Official
Records of said County; thence North 0° 02' 00" East along the Westerly line of
the land so conveyed to Zampese & De Benedetto the said South line of Barton
Road.
E. Whereas, City of Grand Terrace has requested that Miller execute a utility
easement in favor of Southern California Edison.
F. Whereas, City and Miller desire to amend the Easement Over Miller Property and
Easement Over City Property (collectively,the"Easements").
NOW, THEREFORE, the City and Miller, for valuable consideration, the receipt of
which is hereby acknowledged, consent and agree to amend the Easements as follows:
1. Maintenance. City of Grand Terrace shall be responsible for all maintenance,
repairs and improvements on the Easements. City of Grand Terrace shall maintain the Easements
to the same maintenance and construction standards as the parking lot of the City of Grand
Terrace City Hall.
2. Indemnification.
2.1 To the full extent permitted by law, City agrees to indemnify, defend and
hold harmless Miller against, and will hold and save her harmless from, any and all actions,
either judicial, administrative, arbitration or regulatory claims, damages to persons or property,
losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened
(for the purposes of Section 1, "Maintenance") that may be asserted or claimed by any person,
firm or entity arising out of or in connection with the active or passive negligent performance of
any work, operations or activities occurring within the ("Easement Over Miller Property") by
City, its officers, employees, agents, subcontractors, invitees, or any individual or entity for
which City is legally liable, or arising from City's reckless or willful misconduct, or arising from
City's negligent performance of or failure to perform any term, provision, covenant or condition
of this Amendment, except claims or liabilities occurring as a result of Miller's sole negligence
or willful acts or omissions.
3. City shall reasonably post and enforce no parking on the Easements. Said no
parking restrictions shall reasonably apply with equal force to the public and City, including its
employees, agents, and independent contractors.
4. Miller shall concurrently execute a utility easement in favor of Southern
California Edison.
5. This Amendment shall be binding on the successors and assigns of the parties.
01247.0003/636378.9
6. Except as specifically amended hereby, all terms and conditions of the Easements
shall remain in full force and effect. In the event of any conflict between the terms and
conditions of this Amendment and the terms and conditions of the Easements, the terms and
conditions of this Amendment shall control.
Date: f1l CIZIpia l
City of Grand Terrace, a California
corporation
D cy ayor Margaret Miller, a married woman as her sole
and separate property
A E"Tho'mas.,tity
e r Clerk
01247.0003/636378.9
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On�V O�X 2021 before in + �0��� �` ersonaZll�y appeared�IJ/I,QGA/1F1`L,�Yljlfc,�proved to me on
the basis of satisfactory evidence to be the person( )whose names)is/pte subscribed to the within instrument and
acknowledged to me that /she%liey executed the same in V/her/;4Yeir authorized capacity(jes),and that by
h it signatureks)on the instrument the persono),or the entity upon behalf of which the person(g)acted,
hX/her/t
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
hand nd official eal. G U RPAL BAWA
WITNESS my
_ CO #2225859 „
NOTARYRY PUBLIC-CALIFORNIA m
Signature:`a SAN BERNARDINO COUNTY,
My Comm.Expires hn.15,2N2
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENTITY(IES)) SIGNERS)OTHER THAN NAMED ABOVE
01247.0003/636378.9
Exhibit B
Settlement Payment Documentation
01247.0003/635424.15
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Transaction inforrnation
Account: Business Inspire Checking-xx o=6140
Description: CHECK
Amount: S-5;000.00
Status: Cleared
Customer Reference Number: 155
Transaction: Check 155
Date Cleared: July 31,2026
Date Initiated: July 31,2020
Nola:Check and Deposit images older than 180 days are not available online,but can be obtained by ordering copies by visiting the
Services tab.in order to maintain service,there is scheduled maintenance every Saturday at 11:00 PM and on the last day of each
month at 7:00 PM.During this lime,which typically lasts about six hours,your images may not be available.We apologize for any
inconvenience this may cause.
CSG EV LLC +�20' 155
600 B ST.UNIT 121
SAN DIEGO,CA 92101 -7-Z 2,-7.026
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PAY to the _/V`CLyk4f� /�1tLts✓ I $�JOO.�n
ORDER of —r I—I
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MEMO
1:1222321091: 57954fl611,011'0155
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Exhibit C
Form of Utility Easement
01247.0003/635424.15
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RECORDING REQUESTED BY
SOUTHLRN CALIFORNIA
E N
:\n 'INfE__V_IDOA.IL Company
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2nd FLOOR
POMONA, CA 91768
Attn:Title and Real Estate Services
Mail Tax Statements to:N/A
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SCE Doc.No.
GRANT OF DOCUMENTARY TRANSFER TAX$NONE
EASEMENT VALUE AND CONSIDERATION LESS THAN$100.00) Redlands TD1583879.
SCE Company FIM 1 - 0 -
SIG.OF DECLARANT OR AGENT DETERMINING TAX FIRMNAME APN 0276-202-76 VEG�D N8 SLS/CG 04/16/2021
MANAGEMENT/
LAW DEPARTMENT
(M.A.R.)
MARGARET L. MILLER, a married woman as her sole and separate property (hereinafter referred to as "Grantor"),
hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation,its successors and assigns(hereinafter referred
to as "Grantee"), an easement and right of way to constrict, use, maintain, operate, alter, add to, repair, replace, reconstruct,
inspect and remove at any time and from time to time underground electrical supply systems and communication systems
(hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, hanholes, and
including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful
for distributing electrical energy and for transmitting intelligence, data and/or communications (eg.through fiber optic cable), in,
on, over, under, across and along that certain real property in the County of San Bernardino, State of California, described as
follows("Easement Area"):
THE EASTERLY 6.00 FEET OF THE WESTERLY 10.00 FEET OF THE SOUTHERLY 115.00 FEET TOGETHER
WITH THE WESTERLY 4.00 FEET OF THE NORTHERLY 9.00 FEET OF THE SOUTHERLY 115.00 FEET OF
PARCEL 1 OF PARCEL MAP NO. 10439, AS PER MAP FILED IN BOOK 123, PAGES 1 AND 2 OF PARCEL
MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
The Grantee shall not locate any above-ground fixtures or equipment in, on, over,under, across and along the Easement
Area that would impede or interfere with Grantor's use of the Easement Area, including, but not limited to, ingress and egress
access over the Easement Area.
It is understood and agreed that the above description is approxiinate only,it being the intention of the Grantor(s)to grant
an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of said
systems as constructed in,on,over,under,across, and along the Grantor(s)property.
This legal description was prepared pursuant to Sec.8730(c)of the Business&Professions Code.
Grantor further grants,bargains, sells and conveys unto the Grantee the right of assignment,in whole or in part,to others,
without limitation,and the right to apportion or divide in whatever manner Grantee deems desirable,any one or more,or all,of the
easements and rights,including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of
Easement.
Grantor agrees for himself,his heirs and assigns,not to erect,place or maintain, nor to permit the erection,placement or
maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real
property. The Grantee, and its contractors, agents and employees,shall have the right to trim or cut tree roots as may endanger or
interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of
exercising the rights herein granted;provided,however,that in making any excavation on said property of the Grantor,the Grantee
shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation,and shall
replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such
excavation as is practicable.
EXECUTED this day of 12021 .
GRANTOR
MARGARET L.MILLER, a married woman as her sole
and separate property
0 //'-
Margaret L./Miller'
A Notary Public or other officer completing-this certificate verifies only the identity of the individual who signed the document
to which this certificate.is attached, and not the truthfulness,accuracy,or validity of that document.
State of California
County ot& )= i A;, V
On 2 S'— 2,o 2 f before me, e U CON 13A to ,a Notary Public,personally appeared
M! L/' "E' who proved to me on the basis of
satisfactory evidence to be the person)whose namekg)is/ote subscribed to the within instrument and acknowledged to me that
h//she/grey executed the same in h,4/her/tl�6ir authorized capacity(ie,g),and that by) /her/tlyeir signature()on the instrument the
personX,or the entity upon behalf of which the persoro)acted,executed the instrument.
I certify wider PENALTY OF PERJURY under the laws of'theState of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
GURPAL BAWA
COMM. #2225859
Signature (Seal) � -? _ NOTARY PUBLIC-CALIFORNIA m
=� SAN BERNARDINO COUNTY
My Comm.Expires Jan.15,2022
2 DSE80190705
TD158387
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110' I
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SCE EASEMENT !
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115' PARCEL 1
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IPARCEL MAP NO. 10439
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POR. LOTS 9 AND 16
R.W.A. GODFREY'S
SUBDIVISION OF THE SW 1/4,
SEC. 33, T1S,R4W, S.B.M.
PER CERTIFICATE OF
COMPLIANCE
MAY 18, 1999
DOC. NO. 19990211990 O.R.
SAN BERNARDINO CO.
LEGEND
DENOTES SCE EASEMENT SCE EASEMENT
APPROX. AREA = 726 SQ. FT DSE801907053 TD1583879
SLS CG 03 10 20
SETTLEMENT AGREEMENT & RELEASE OF ALL CLAIMS ENTERED INTO
BETWEEN THE CITY OF GRAND TERRACE, CSG EV,LLC, AND MARGARET L
MILLER
This SETTLEMENT AGREEMENT & RELEASE OF ALL CLAIMS ENTERED INTO
BETWEEN THE CITY OF GRAND TERRACE, CSG EV, LLC, AND MARGARET L.
MILLER ("Agreement") is entered into on 25 2021, by and between the City
of Grand Terrace, a municipal corporation ("City'), CSG EV, LLC, a Delaware limited liability
company ("CSG"), and Margaret L. Miller ("Miller"), (collectively "Parties"), to resolve fully
and finally all disputes between the Parties arising out of, or related to, all claims raised by Miller
against City and CSG in Miller's letter dated March 3, 2020, ("March 3, 2020, Letter"). The
Effective Date of this Agreement shall be the date of the last Party signature.
RECITALS
WHEREAS, the City's City Hall property is located at 22795 Barton Road, Grand
Terrace, CA 92313 ("City Property"); and
WHEREAS, Miller is the owner of the property located at 22797 Barton Road, Grand
Terrace, CA 92313 ("Miller Property"); and
WHEREAS,the Miller Property and City Property are adjacent to the other; and
WHEREAS, an easement (Document No. 83-300503) has been recorded over City
Property permitting Miller ingress into and egress out of the Miller Property over 11 feet of the
easterly line of the City Property("Miller Access Easement"); and
WHEREAS, an easement (Document No. 83-300504) has been recorded over the Miller
Property permitting City ingress into and egress out of City Property over 10 feet of the westerly
line of the Miller Property("City Access Easement"); and
WHEREAS, the City contracted with CSG to build certain improvements that include,
but is not limited to, electric vehicle charging stations and appurtenances ("CSG Agreement");
and
WHEREAS, in the March 3, 2020, Letter, Miller alleges that the City has not adhered to
the Miller Access Easement by impeding Miller's use of the Miller Access Easement and,
further, alleges that the City and CSG has improperly entered the City Access Easement in
violation of the terms and conditions of the City Access Easement for the purpose of constructing
electric vehicle charging stations and appurtenances pursuant to the CSG Agreement, and,
consequently, Miller claimed that she has suffered financial injury of$5,000.00 ("Claims"); and
WHEREAS, following discussions between City, CSG, and Miller, the Parties have
agreed on terms in compromise of the issues raised in the Claims and the March 3, 2020, Letter;
and
01247.0003/635 �15 ,��
City of d Terrace CSG EV LLC Margaret Miller Initials
-1-
WHEREAS, the Parties wish to memorialize their understanding regarding resolution of
the Claims and the March 3, 2020,Letter.
AGREEMENT
NOW, THEREFORE, for full and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, and based upon the foregoing recitals and the terms, conditions,
covenants, and agreements contained herein,the Parties agree as follows:
1. Settlement.
a. Settlement Amount.
i) Miller acknowledges and agrees that, on July 24, 2020, in
order to resolve the Claims pursuant to this Agreement,
CSG sent payment by way of a check to Miller in the
amount of FIVE THOUSAND DOLLARS AND ZERO
CENTS ($5,000.00) in relation to Miller's financial
hardship under the Claims and such check was successfully
deposited by Miller on July 31, 2020 ("Settlement
Payment"). Therefore, Miller agrees that the Settlement
Payment is incorporated herein as part of the settlement and
resolution of the Claims.
ii) Documentation of CSG's payment of the Settlement
Payment to Miller is attached hereto in Exhibit B of this
Agreement, and Miller agrees that Exhibit B of this
Agreement shall constitute sufficient evidence and
documentation that Miller has been paid the Settlement
Payment.
b. Utility Easement. No later than June 1, 2021, Miller shall execute and
record a utility easement over the Miller Property in favor of Southern California
Edison Company in the form as provided in Exhibit C of this Agreement, provided
by Southern California Edison Company.
e. Amendment to City Access Easement and Miller Access Easement.
City and Miller agree to execute and'record amendments to the City Access Easement
and the Miller Access Easement as necessary to address concerns raised in the March
3, 2020 Letter relating to indemnification and parking, in the form as provided in
Exhibit A.(2) of this Agreement.
2. General Release. For valuable consideration, the receipt and adequacy of which
are hereby acknowledged, Miller does hereby release and forever discharge the City and CSG,
01247.0003/635424.15 1
LI
City of Gran errace CSG EV LLC Marg ret Miller Initials
-2-
and each of their current and former elected and appointed public officials, officers, employees
and agents, and including, but not limited to, each of their associates, predecessors, successors,
heirs, assignees, agents, directors, officers, employees, representatives, elected or appointed
public officials, attorneys, and all persons acting by, through, under or in concert with them, or
any of them ("Releasees"), of and from any and all manner of action or actions, cause or causes
of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liability, claims,
demands, damages, loss, costs or expenses, of any nature whatsoever, known or unknown, fixed
or contingent ("Claims"), which Miller now has or may hereafter have against City or CSG, any
Claims constituting, arising out of, based upon, or relating solely to the Claims or the March 3,
2020, Letter.
3. Discovery of Different or Additional Facts. The Parties acknowledge that they
may hereafter discover facts different from or in addition to those that they now know or believe
to be true with respect to the claims, demands, causes of action, obligations, damages, and
liabilities of any nature whatsoever that are the subject of the Release set forth in Paragraph 4 of
this Agreement, and expressly agree to assume the risk of the possible discovery of additional or
different facts, and the Parties agree that this Agreement shall be and remain effective in all
respects regardless of such additional or different facts related to the Abatement.
4. Release of Unknown Claims. The Release set forth above in Paragraph 2 of this
Agreement is a release of all known claims, demands, causes of action, obligations, damages, and
liabilities of any nature whatsoever that are described in the Release and is intended to
encompass all known and unknown, foreseen and unforeseen claims that Miller may have arising
out of or relating to the Claims or March 3, 2020, Letter, and except for any claims that may arise
from the terms of this Agreement.
Note: Upon the advice of legal counsel, Miller expressly does not agree to waive and
relinquish any future discoverable rights.
5. No Other Pending Actions. Miller represents that she has not filed any
complaint(s), cross-complaint(s) and/or charge(s) against the City, CSG, or Releasees, arising out
of or relating to the Claims or the March 3, 2020, Letter, with any local, state or federal agency or
court; and that if any such agency or court assumes jurisdiction of any complaint or charge
against the City, CSG, Releasees, or their predecessors, successors, heirs, assigns, employees,
shareholders, officers, directors, agents, attorneys, subsidiaries, divisions or affiliated
corporations or organizations, whether previously or hereafter affiliated in any manner, on behalf
of Miller, whenever filed, that Miller will request such agency or court to withdraw and dismiss
the matter forthwith.
6. Non-Admission of Liability. The Parties acknowledge and agree that this
Agreement is a settlement of claims. Neither the fact that the Parties have settled nor the terms
of this Agreement shall be construed in any manner as an admission of any liability by any party
hereto, or any of its employees, or an affiliated person(s) or entity/ies, including the City's or
CSG's attorneys, all of whom have consistently taken the position that they have no liability
01247.0003/6354�
City of Gran Terrace CSG EV LC Ma et Miller Initials
-3-
whatsoever.
7. No Assignment of Claims. The Parties warrant that they have made no
assignment, and will make no assignment, of any claim, cause of action, right of action or any
right of any kind whatsoever, embodied in any of the claims and allegations referred to herein,
and that no other person or entity of any kind had or has any interest in any of the demands,
obligations, actions, causes of action, debts, liabilities, rights, contracts, damages, attorneys' fees,
costs, expenses, losses or claims referred to herein.
8. Successors and Assigns. This Agreement, and all the terms and provisions
hereof, shall be binding upon and shall inure to the benefit of the Parties and their respective
heirs, legal representatives, successors and assigns.
9. Knowing and Voluntary. This Agreement is an important legal document and in
all respects has been voluntarily and knowingly executed by the Parties hereto. The Parties
specifically represent that, prior to signing this Agreement, they have been provided a reasonable
period of time within which to consider whether to accept this Agreement, including whether to
retain legal counsel to assist them in understanding all terms in the Agreement. The Parties
further represent that they have each carefully read and fully understand all of the provisions of
this Agreement, and that they are voluntarily, knowingly, and without coercion entering into this
Agreement based upon their own judgment, and upon advice of their legal counsel, if retained.
10. Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be considered an original but all of which shall constitute one agreement.
11. Enforcement Costs. Should any legal action be required to enforce the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs in
addition to any other relief to which that party may be entitled.
12. Injunctive Relief for Breach. The Parties acknowledge and agree that any
material violation of this Agreement is likely to result in immediate and irreparable harm for
which monetary damages are likely to be inadequate. Accordingly, the Parties consent to
injunctive and other appropriate equitable relief upon the institution of proceedings therefore by
any other party in order to protect the rights of the Parties under this Agreement. Such relief shall
be in addition to any other relief to which the Parties may be entitled at law or in equity.
13. Severability. Should any portion, word, clause, phrase, sentence or paragraph of
this Agreement be declared void or unenforceable, such portion shall be considered independent
and severable from the remainder,the validity of which shall remain unaffected.
14. Waiver. Failure to insist on compliance with any term, covenant or condition
contained in this Agreement shall not be deemed a waiver of that term, covenant or condition,
nor shall any waiver or relinquishment of any right or power contained in this Agreement at any
one time or more times be deemed a waiver or relinquishment of any right or power at any other
time or times.
01247.0003/63542
City of Gran errace CS6 V LLC Margaret Miller Initials
-4-
15. Governing Law; Venue. This Agreement is made and entered into in the State
of California, and shall in all respects be interpreted, enforced and governed under the laws of
said State without giving effect to conflicts of laws principles. Any action to enforcement,
invalidate, or interpret any provision of this Agreement shall be brought in San Bernardino
County Superior Court or the United States District Court for the Central District of California.
16. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties who have executed it and supersedes any and all other agreements, understandings,
negotiations, or discussions, either oral or in writing, express or implied between the Parties to
this Agreement. The Parties to this Agreement each acknowledge that no representations,
inducements,promises, agreements, or warranties, oral or otherwise, have been made by them, or
anyone acting on their behalf, which are not embodied in this Agreement, that they have not
executed this Agreement in reliance on any such representation, inducement, promise, agreement
or warranty, and that no representation, inducement, promise, agreement or warranty not
contained in this Agreement, including, but not limited to, any purported supplements,
modifications, waivers, or terminations of this Agreement shall be valid or binding, unless
executed in writing by all of the Parties to this Agreement. The terms of this Agreement govern
the reading, interpretation, and construction of this Agreement only.
17. Mutual Drafting. The Parties agree that this Agreement is the product of mutual
negotiations between the Parties, such that any provision of this Agreement that may require
judicial interpretation shall not be construed more strictly against either Party.
18. Modifications. Any alteration, change, or modification of or to this Agreement
shall be made by written instrument executed by each party hereto in order to become effective.
19. Authority to Sign. The persons executing this Agreement on behalf of the Parties
hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party and to bind that party,
(iii) by so executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into this Agreement does not violate any provision of any other
agreement to which said party is bound.
[SIGNATURE PAGE FOLLOWS]
01247.0003/63542 15
City of Gran rrace CSG EV LLC Margaret Miller Initials
-5-
IN WITNESS WHEREOF, the undersigned have executed this Settlement Agreement
and Release of All Claims, on the dates set forth below.
"MILLER"
Dated: 0 2021 Margaret L. Miller, an individual
By: l)9164471-
Margaret L. Miller
"CSG"
Dated: L D-9- , 2021 CSG EV, LLC, a Delaware limited liability
company
By: A
Name: /L�'� ✓a
Title:
"CITY"
Dated: (�., 2021 CITY OF GRAND TERRACE, a municipal
corpor
Darcy ab or
EST FOR C TY
Debra Thomas, City Clerk
APPROVED AS TO FORM FOR CITY:
Dated: J-V/, /� , 2021 ALESHIRE&NYYNDE ,L
By:
Adrian R. Guerra, Esq.
City Attorney
01247.0003/635424.15
-6-
Exhibit A(2)
Amendment to City Access Easement and Miller Access Easement
01247.0003/635424.15
-7-
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
Attention: City Manager
Recorder's Use Only
APNs: 0276-202-76-0-000&0276-202-82-000 Exempt from filing/recording fees per Govt. Code
§27383
FIRST AMENDMENT TO EASEMENT FOR INGRESS AND EGRESS
THIS FIRST AMENDMENT TO EASEMENT FOR INGRESS AND EGRESS (the
"Amendment") is executed as of the day of��-5 2021 between the CITY OF GRAND
TERRACE, a municipal corporation ("City") and'MARGARET L. MILLER, a married woman
as her sole and separate property ("Miller").
RECITALS
A. Whereas, the City is the owner of record of certain real property and the City Hall
located thereon at the property identified as APN 0276-202-82-0000 ("City Property"),
commonly known as 22795 Barton Road, Grand Terrace, CA 92313, and legally described as
follows:
ASSESSORS MAP NO I OF R W A GODREYS SUB COM AT
INTERSECTION SELY LI BARTON RD AND N LI PALM AVE TH E ALG
SD N LI PALM AVE 1256.42 FT TH N 00 DEG 02 MIN 00 SECONDS E
145.00 FT TO TRUE POB TH CONT N 00 DEG 02 MIN 00 SECONDS E
229.55 FT M/L TO SE COR PAR 2 PM 10439 TH S 89 DEG 26 MIN 30
SECONDS W ALG S LI SD PAR 2 218.59 FT M/L T SW COR SD PAR 2 TH N
00 DEG 02 MIN 00 SECONDS E 259.93 FT M/L TO SELY LI BARTON RD
(60 FT WIDE) TH SWLY ALG SD SELY LI 119.05 FT TH S 00 DEG 02 MIN
00 SECONDS W 316.67 FT TH N 89 DEG 27 MIN 10 SECONDS E 158.59 FT
TH S 00 DEG 02 MIN 00 SECONDS W 140.00 FT TH N 89 DEG 27 MIN 10
SECONDS E 79.29 FT TH N 00 DEG 02 MIN 00 SECONDS E 10.00 FT TH N
89 DEG 27 MIN 10 SECONDS E 79.29 FT TO TRUE POB
B. Whereas, Miller is the owner of record of certain real property and commercial
premises thereon identified as APN 0276-202-76-0-000 ("Miller Property"), commonly known
as 22797 Barton Road, Grand Terrace, CA 92313, and legally described as follows:
PARCEL 1 OF PARCEL MAP NO. 10439, IN THE CITY OF GRAND
TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
AS PER PLAT RECORDED IN BOOK 123, PAGE(S) 1 AND 2 OF PARCEL
MAPS,RECORDS OF SAID COUNTY
C. Whereas, on December 21, 1983, a grant deed was recorded in the Official
Records of San Bernardino County as Instrument Number 83-300503 wherein the City granted
the Miller Property an easement for ingress and egress over the following portion of the City
Property ("Easement Over City Property"):
A strip of land 11 feet in width, the Easterly line thereof being described as
follows:
Commencing at the intersection of the South line of Barton Road (formerly
Redlands-Riverside Road), as established by Deed to the County of San
Bernardino recorded May 18, 1932 in Book 795, Page 89 of Official Records of
said County, with the West line of Preston Street (formerly Stevenson Street) as
said street was established by Deed to the County of San Bernardino recorded in
Book 270 of Deeds, Page 213, Records of said County; thence Southwesterly
415.82 feet, more or less, along the said South line of Barton Road to the
Northwest corner of that certain parcel of land conveyed to Leslie H. Henson et
ux by Deed recorded June 6, 1958 in Book 4525, Page 167, Official Records of
said County, thence South 0 02' 00" West 259.93 feet; thence North 89" 26' 30"
East 118.59 feet, thence South 0° 02' 00" West 77 feet; thence South 89' 26 1 30"
West 218.59 feet to the True Point of Beginning, said point being the Southwest
corner of that certain parcel of land conveyed to Zampese and DeBenedet, a
partnership, by Deed recorded April 2, 1964 in Book 6120, Page 230, Official
Records of said County; thence North 0' 02' 00" East along the Westerly line of
the land so conveyed to Zampese & DeBenedet to the said South line of Barton
Road.
D. Whereas, on December 21, 1983, a grant deed was recorded in the Official
Records of San Bernardino County as Instrument Number 83-300504 wherein the owner of the
Miller Property granted to the City an easement for ingress and egress, which the City
reconstructed a road on such easement and has maintained such easement, over the following
portion of the Miller Property ("Easement Over Miller Property"):
A strip of land 10 feet in width, the westerly line thereof being described as
follows:
Commencing at the intersection of the South line of Barton Road (formerly
Redlands-Riverside Road), as. established by Deed to the County of San
Bernardino recorded May 18, 1932 in Book 795, Page 89 of Official Records of
said County, with the West line of Preston Street (formerly Stevenson Street) as
said street was established by Deed to the County of San Bernardino recorded in
Book 270 of Deeds, Page 213, Records of said County, thence southwesterly
415.82 feet, more or less, along the said South line of Barton Road to the
Northwest corner of that certain parcel of land conveyed to Leslie H. Henson et
ux by Deed recorded June 6, 1958 in Book 4525, page 167, Official Records of
01247.0003/636378.9
said County, thence South 0° 02' 00" West 259.93 feet, thence North 89' 26`30"
East 118.59 feet, thence South 0° 02' 00' West 77 feet, thence South 89"' 26`30"
West 218.59 feet to the True Point of Beginning, said point being the Southwest
corner of that certain parcel of land conveyed to Zampese and DeBenedet, a
partnership, by Deed recorded April 2, 1964 in Book 6120. Page 230, Official
Records of said County; thence North 00 02' 00" East along the Westerly line of
the land so conveyed to Zampese & De Benedetto the said South line of Barton
Road.
E. Whereas, City of Grand Terrace has requested that Miller execute a utility
easement in favor of Southern California Edison.
F. Whereas, City and Miller desire to amend the Easement Over Miller Property and
Easement Over City Property (collectively, the "Easements").
NOW, THEREFORE, the City and Miller, for valuable consideration, the receipt of
which is hereby acknowledged, consent and agree to amend the Easements as follows:
1. Maintenance. City of Grand Terrace shall be responsible for all maintenance,
repairs and improvements on the Easements. City of Grand Terrace shall maintain the Easements
to the same maintenance and construction standards as the parking lot of the City of Grand
Terrace City Hall.
2. Indemnification.
2.1 To the full extent permitted by law, City agrees to indemnify, defend and
hold harmless Miller against, and will hold and save her harmless from, any and all actions,
either judicial, administrative, arbitration or regulatory claims, damages to persons or property,
losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened
(for the purposes of Section 1, "Maintenance") that may be asserted or claimed by any person,
firm or entity arising out of or in connection with the active or passive negligent performance of
any work, operations or activities occurring within the ("Easement Over Miller Property") by
City, its officers, employees, agents,,subcontractors, invitees, or any individual or entity for
which City is legally liable, or arising from City's reckless or willful misconduct, or arising from
City's negligent performance of or failure to perform any term, provision, covenant or condition
of this Amendment, except claims or liabilities occurring as a result of Miller's sole negligence
or willful acts or omissions.
3. City shall reasonably post and enforce no parking on the Easements. Said no
parking restrictions shall reasonably apply with equal force to the public and City, including its
employees, agents, and independent contractors.
4. Miller shall concurrently execute a utility easement in favor of 'Southern
California Edison.
5. This Amendment shall be binding on the successors and assigns of the parties.
01247.0003/636378.9 1
6. Except as specifically amended hereby, all terms and conditions of the Easements
shall remain in full force and effect. In the event of any conflict between the terms and
conditions of this Amendment and the terms and conditions of the Easements, the terms and
conditions of this Amendment shall control.
Date:
City of Grand Terrace, a California
corporation
'Darc �Ie
or Margaret A iller, a married woman as her sole
and separate property
EST:
ebra omas, City Clerk
01247.0003/636378.9
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On�2021 before me,l U�T�}?i-1fjGf(r�/}f✓1°7ersorially appeared/n/1,��A,Pl7L, proved to me on
the basis of satisfactory evidence to be the persono whose names)is/gYe subscribed to the within instrument and
acknowledged to me that k6/shelAKey executed the same in W/her/;Reir authorized capacity(Ks), and that by
h�?her/tb it signatures)on the instrument the persono),or the entity upon behalf of which the person(A)acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
v GURPAL BAWA
WITNESS my hand nd official eal. o COMM. #2225859
NOTARY PUBLIC-CALIFORNIA m
Signature: \\� � SAN BE Expire NO COUNTY n
� �n�,> a1y Comm.Expires lan.15,2022
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENTITY(IES)) SIGNERS)OTHER THAN NAMED ABOVE
01247.0003/636378.9
Exhibit B
Settlement Payment Documentation
01247.0003/635424.15
-g-
8/4/2020 View Transaction Printable View
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Transaction Informs ion
Account: Business Inspire Checking-xxxxxx6140
Description: CHECK
Amount: $-5,000.00
Status: Cleared
Customer Reference Number: 155
Transaction: Check 155
Date Cleared: July 31,2020
Date Initiated: July 31,2020
Note:Check and Deposit images older than 180 days are not available online,but can be obtained by ordering copies by visiting the
Services tab.in order to maintain service,there Is scheduled maintenance every Saturday at 11:00 PM and on the last day of each
month aL 7:00 MI.During this time,which typically lasts about six hours,your images may not be available.We apologize for any
inconvenience Us may cause.
--- so-aw
CSG EV LLC zeT 1.55
60 B ST.UNIT 121
SAN DIEGO.CA 92101 --22 7.020
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https://banking.calbanktrust.com/olb/retail/protected/zbcpdntPage?OWASP_CSRFTOKEN=TMYC-M37D-QX2S-1 UU0-8KO0-FTT9-ZM3N-XK93 1/1
Exhibit C
Form of Utility Easement
01247.0003/635424.15
-9-
RECORDING REQUESTED BY
SOLITHf_RN C.aLll=l)RNIA
L`:,ij E 41-3' N
Company
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY. 2nd FLOOR
POMONA, CA 91768
Attn:Title and Real Estate Services
Mail Tax Statements to:N/A
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SCE Doe.No.
GRANT OF DOCUMENTARY TRANSFER TAX$NONE
EASEMENT VALUE AND CONSIDERATION LESS THAN$100.00) Redlands TD1583879,
SCE Company FIM 1 - 0 -
SIG.OF DECLARANT ORAGENT DETERMINING TAX FIRM NAME APN 0276-202-76 VEGETATI N& SLS/CG 04/16/2021
MANAGEMENT/
LAW DEPARTMENT
(M.A.R.)
MARGARET L. MILLER, a married woman as her sole and separate property (hereinafter referred to as "Grantor"),
hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns(hereinafter referred
to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct,
inspect and remove at any time and fiom time to time underground electrical supply systems and communication systems
(hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and
including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful
for distributing electrical energy and for transmitting intelligence, data and/or communications (eg.through fiber optic cable), in,
on, over, under, across and along that certain real property in the County of San Bernardino, State of California, described as
follows("Easement Area"):
THE EASTERLY 6.00 FEET OF THE WESTERLY 10.00 FEET OF THE SOUTHERLY 115.00 FEET TOGETHER
WITH THE WESTERLY 4.00 FEET OF THE NORTHERLY 9.00 FEET OF THE SOUTHERLY 115.00 FEET OF
PARCEL 1 OF PARCEL MAP NO. 10439, AS PER MAP FILED IN BOOK 123, PAGES 1 AND 2 OF PARCEL
MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
The Grantee shall not locate any above-ground fixtures or equipment in, on, over,under, across and along the Easement
Area that would impede or interfere with Grantor's use of the Easement Area, including, but not limited to, ingress and egress
access over the Easement Area.
It is understood and agreed that the above description is approxhnate only,it being the intention of the Grantor(s)to grant
an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of said
systems as constructed in,on,over,under,across,and along the Grantor(s)property.
This legal description was prepared pursuant to Sec.8730(c)of the Business&Professions Code.
Grantor further grants,bargains,sells and conveys unto the Grantee the right of assignment, in whole or in part,to others,
without limitation,and the right to apportion or divide in whatever manner Grantee deems desirable,any one or more,or all,of the
easements and rights,including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of
Easement.
Grantor agrees for himself,his heirs and assigns,not to erect,place or maintain, nor to permit the erection,placement or
maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real
property. The Grantee, and its contractors, agents and employees,shall have the right to trim or cut tree roots as may endanger or
interfere with said systems and shall have free access to said systems and every part thereof, at all trues, for the purpose of
exercising the rights herein granted;provided,however,that hi making any excavation on said property of the Grantor,the Grantee
shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall
replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such
excavation as is practicable.
411
EXECUTED this day of 2021 .
GRANTOR
MARGARET L.MILLER, a married woman as her sole
and separate property
Margaret L./Miller'
A Notary Public or other officer completin-this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County ot�u)• t�/✓dv
On l>7/3 tf 2.S-- 2o�2 i before me, 6", U 13A WA a Notary Public,personally appeared
IV/¢i-? 0'1/9i1,�L-�` � /Y)J LC g/? who proved to me on the basis of
satisfactory evidence to be the person)whose name,¢S) is/p`e subscribed to the within instrument and acknowledged to me that
h//she/oey executed the same in h,4/her/Vir authorized capacity(ies),and that by]�'s/her/tl&signature(z)on the instrument the
person, or the entity upon behalf of which the persor05 acted,executed the instrument.
I certify wider PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
GURPAL BAWA
,.z.. COMM. #2225859
Signature (Seal) Cn _ NOTARY PUBLIC-CALIFORNIA m
SAN BERNARDINO COUNTY �
My Comm.Expires 1aa.15,2022 l�
2 DSE80190705
- TD158387
110' 1
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115' I PARCEL MAP NO. 10439 I
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POR. LOTS 9 AND 16
R.W.A. GODFREY'S
SUBDIVISION OF THE SW 1/4,
SEC. 33, T1S, R4W, S.B.M.
PER CERTIFICATE OF
COMPLIANCE
MAY 18, 1999
DOC. NO. 19990211990 O.R.
SAN BERNARDINO CO.
LEGEND
DENOTES SCE EASEMENT SCE EASEMENT
APPROX. AREA = 726 SQ. FT DSE801907053 TTD1583879
SLS CG 03 10 20