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HomeMy WebLinkAboutCity of Grand Terrace 4110 Electronically Recorded In Official R County of San Bernardino 1211912006 01:35 PM LARRY KER MA tut Auditor/Controller.Recorder 728 Chicago Title Company-CIS RECORDING REQUESTED BY Doc it 2006-0873343 Titles: 1 Pages: 13 Chicago Title Company 560 East Hospitality Lane I II II II II Mil I I II I I I I Fees .00 ra.es o0 San Bernardino, CA 92408 omen 00 Escrow and Order No. 602025037 PPM D0 WHEN RECORDED MAIL TO: The City of Grand Terrace Redevelopment Agency Attn: Thomas Schwab,Executive Director 22795 Barton Road Grand Terrace, CA 92313-5295 APN 1167-151-60 and Portions APN's /Exempt from Recording Fees per Govt.Code§27383 'Uric1167-151-63,58 and 59 Exempt from Documentary Transfer Tax per Calif.Rev.& TRA: 016-001 Tax.Code 01922 GRANT OF EASEMENT (WELL SITE) AND GROUNDWATER EXTRACTION RIGHTS THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, a public body,corporate and politic,who took title as THE CITY OF GRAND TERRACE REDEVELOPMENT AGENCY,a municipal corporation(hereinafter referred to as "Grantor"), is the owner in fee of certain real property situated in thetounty of San Bernardino, State of California more fully described and depicted in EXHIBIT A attached hereto and incorporated herein by reference(hereinafter referred to as the"Property"). *- ,kt of Terrace rnnA FOR VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,Grantor does hereby GRANT and CONVEY to CITY OF GRAND TERRACE,a California municipal corporation (hereinafter referred to as"Grantee"), its successors and assigns: 1. Well Site Easement A permanent,perpetual and exclusive easement(hereinafter referred to as the"Well Site Easement"),in gross,in,on, under,along and through that portion of the Property more fully described and depicted in EXHIBIT B attached hereto and incorporated herein by reference(hereinafter referred to as the"Well Site Easement Area")for the purposes of constructing, installing, maintaining, repairing, replacing, reconstructing, removing, altering, inspecting and operating at any time and from time to time a municipal water well and equipment and facilities appurtenant thereto(hereinafter referred to,collectively, as"Well Facilities"). 2. Groundwater Extraction Rights. All rights and interest Grantor has or may have to extract groundwater from beneath the Property,without the right to surface entry therefor excepting upon the Well Site Easement Area. RV PUBIOGILSOM718369.1 V RECORDING REQUESTED BY Chicago Title Company 560 East Hospitality Lane San Bernardino, CA 92408 Escrow and Order No. 602025037 WHEN RECORDED MAIL TO: The City of Grand Terrace Redevelopment Agency Attn: Thomas Schwab, Executive Director 22795 Barton Road Grand Terrace, CA 92313-5295 APN 1167-151-60 and Portions APNs /Exempt from Recording Fees per Govt. Code §27383 1167-151-63,58 and 59 DU 0Exempt from Documentary Transfer Tax per Calif.Rev.& TRA: 016-001 Tax.Code§11922 GRANT OF EASEMENT (WELL SITE) AND GROUNDWATER EXTRACTION RIGHTS THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, a public body,corporate and politic, who took title as THE CITY OF GRAND TERRACE REDEVELOPMENT AGENCY,a municipal corporation(hereinafter referred to as "Grantor"), is the owner in fee of certain real property situated in thetounty of San Bernardino, State of California more fully described and depicted in EXHIBIT A attached hereto and incorporated herein by reference (hereinafter referred to as the "Property"). *- .4-y of raid 1erracc FOR VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,Grantor does hereby GRANT and CONVEY to CITY OF GRAND TERRACE, a California municipal corporation (hereinafter referred to as "Grantee"),its successors and assigns: 1. Well Site Easement. A permanent,perpetual and exclusive easement(hereinafter referred to as the"Well Site Easement"), in gross,in,on,under, along and through that portion of the Property more fully described and depicted in EXHIBIT B attached hereto and incorporated herein by reference(hereinafter referred to as the"Well Site Easement Area") for the purposes of constructing, installing, maintaining, repairing, replacing, reconstructing, removing, altering, inspecting and operating at any time and from time to time a municipal water well and equipment and facilities appurtenant thereto (hereinafter referred to,collectively, as "Well Facilities"). 2. Groundwater Extraction Rights. All rights and interest Grantor has or may have to extract groundwater from beneath the Property,without the right to surface entry therefor excepting upon the Well Site Easement Area. RVPUB\DGIISON\718369.1 V J The Well Site Easement shall include the right and privilege of Grantee and its employees, agents,representatives,contractors,subcontractors and workmen to: (i)perform all activities as may be necessary to facilitate the purposes of the Well Site Easement and exercise the rights herein granted;(ii)have access to,ingress to,and egress from the Well Site Easement Area at all times;(iii) trim, cut, remove or clear away any trees, brush, or other vegetation or flora, including the roots thereof,that may endanger or interfere, in Grantee's reasonable discretion,with the Well Facilities; (iv)take such reasonable action as maybe necessary,in Grantee's reasonable discretion,to protect the Well Facilities; and(v)construct and maintain a fence or barricade along the boundary lines of the Well Site Easement Area. By its acceptance of this Grant,Grantee covenants and agrees by and for itself,its successors and assigns that: 1. Grantee shall construct and thereafter maintain,all at Grantee's sole expense, a fence or barricade along the boundary lines of the Well Site Easement Area,so as to prevent access to the Well Site Easement Area by persons other than persons expressly authorized by Grantee to enter onto the Well Site Easement Area. 2. Grantee shall exercise its rights herein granted in such a manner as will cause the least injury to personal property and real property surrounding the Well Site Easement Area. 3. In making any excavation on the Well Site Easement Area, Grantee shall make such excavation in such a manner as will cause the least injury to the surface of the ground around such excavation,and replace the earth so removed by it and restore the surface of the ground to the same condition, as near as practicable, as it was prior to such excavation. 4. In extracting any groundwater from beneath the Property,Grantee shall make such extraction in such a manner as will cause no loss or damage to the Property. 5. Grantee shall indemnify,defend and hold Grantor free and harmless from any actual or alleged death,injury and damages to the person(s)and property of Grantee,its contractors, agents and employees arising from,or alleged to arise from,the exercise of the rights herein granted. 6. Upon receipt of sixty(60)days written notice from the Grantor,Grantee shall relocate the Well Facilities or any part thereof within the Well Site Easement Area to another location in or on the Property,provided Grantor first executes and delivers to Grantee such good and sufficient easements in or on the Property as may be required by Grantee,in its reasonable discretion, for such relocation. In such event, Grantor shall, upon demand therefor by Grantee, pay the reasonable costs of such relocation and upon such relocation, Grantee shall quitclaim,release and remise to Grantor all its rights and interest in the Well Site Easement Area, or any part thereof, as applicable,held under this Grant. The Well Site Easement and covenants contained herein shall run with the land and inure to the benefit of and be binding upon the Grantor and Grantee and their respective heirs, successors, legal representatives and assigns. RVPUB\DOILSON\918369.1 V J This Grant shall become effective the date on which all of the following are true: (1)Grantor has executed this Grant;(2)Grantee has executed a certificate accepting this Grant and affixed same hereto; and(3)this Grant is recorded in Official Records of San Bernardino County, California. Dated: 8 ' aq -0 6 THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, a public body, corporate and politic By: Thomas Schwab Executive Director ATTEST: Ag �ay Agency S eta_y RVPUBIDGILSON 718369.1 iJ J NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) ) ss. COUNTY OF Su Btrnou-chna ) On 8-2? 6(, , 2006 before me, cpi(mt.i. 42?JI , notary public, personally appeared THOMAS SCHWAB, 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 tome that he/she/they executed the same in his/herkheir authorized capacity(ies), and that by his/1•Rheir 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. "14/ a, ;L. 441 /k Signature of Notaty Public ATTACHED TO: GRANT OF EASEMENT (WELL SITE)AND GROUNDWATER EXTRACTION RIGHTS [APN 1167-151-60 and Portions APN's 1167-151-63,58 and 59] MWGl 1431 'at b #CgryRyn•143531! Putt•CAMAS �� E RVPUB\DGWSON\718369.1 • Government Code 27361.7 I Certify Under Penalty That The Notary Seal On The Document To Which This Statement Is Attached Reads As Follows:Name of Notary:otary: MARGIE MILLER Commission No: 1438318 Date C0Tnmission Expires: SEPTEMBER 8, 2007 County: SAN BERNARDINO By. ... y CHICAGO TITLE COMPANY Date: DECEMBER 19, 2006 fare EXHIBIT A TO GRANT OF EASEMENT (WELL SITE)AND GROUNDWATER EXTRACTION RIGHTS Legal Description and Depiction of Property [APN 1167-151-60 and Portions APN's 1167-151-63,58 and 59] ]attached behind this page] EXHIBIT A R V P U B\DGIISON'718369.1 • EXHIBIT A LEGAL DESCRIPTION OF PROPERTY TO BE CONVEYED BY THE CITY OF GRAND TERRACE REDEVELOPMENT AGENCY That portion of Lots 41, 42 and 56 of Block 5 of the East Riverside Land Company, Section 5, T2S, R4W, as shown by map on file in Book 6 of Maps, page 44 thereof, Records of San Bernardino County, California, together with that portion of Pico Street as shown on said Map as an unnamed street,more particularly described as follows: Commencing at the southwest corner of Section 5, T2S, R4W, said point also being the centerline intersection of Main Street and Taylor Street; Thence North 00°27'20"East,a distance of 662.22 feet along the centerline of Taylor Street; Thence South 89°27'24" East, a distance of 33.00 feet to the northwest corner of Lot 57 of said Block 5; Thence South 89°27'24" East along the north line of said Lot 57, a distance of 259.71 feet to the Point of Beginning; Thence South 89°27'24" East, a distance of 382.77 feet along the north line of said Lot 57 to the southwest corner of Lot 55; Thence North 00°27'41"East along the west line of said Lot,a distance of 662.69 feet to the centerline of Pico Street; Thence South 89°27'57" East along said centerline, a distance of 537.43 feet to the beginning of a non-tangent curve concave to the southeast, having a radius of 50.00 feet, from which the radius point bears South 89°27'57"East; Thence northeasterly, and easterly along said curve, to the right, through a central angle of 123°54'05", an arc distance of 108.12 feet, to the beginning of a tangent curve concave to the north,having a radius of 50.00 feet, from which the radius point bears North 34°26'07"East; Thence southeasterly, and easterly, along said curve, to the left, through a central angle of 33°54'05", an arc distance of 29.58 feet, to a point on the east line of Lot 42 of Block 5, said point also being on the northerly right of way of Pico Street; Thence North 00°29'04"East,a distance of 564.49 feet along the east line of said Lot 42,to a point on the southerly line of a 65 foot wide easement granted to The Southern California Edison Company,as recorded on November 22,2000 as Instrument Number 429737,official records; SHEET I of 2 EPIC ENGINEERS 101 E.Redlands Blvd,Suite 146 • Redlands,Ca.92373 • Ph.(909)792-5969 • Fax(909)792-8869 A 1 01.3 V ill Thence North 89°28'20"West,along said southerly easement line,a distance of 920.05 feet; Thence South 00°31'40" West, a distance of 404.39 feet, to the beginning of a tangent curve concave to the east, having a radius of 50.00 feet, from which the radius point bears South 89°28'20"East; Thence southerly, and southwesterly, along said curve, to the left, through a central angle of 36°52'12", an arc distance of 32.18 feet, to the beginning of a reverse curve, concave to the north, having a radius of 50.00 feet, from which the radius point bears South 53°39'29"West; Thence southerly,westerly, and northerly, along said curve,to the right, through a central angle of 253°44'10", an arc distance of 221.44 feet, to a non-tangent line from which the radius point bears South 52°36'21"East; Thence North 89°27'57" West, a distance of 280.48 feet to a point on the easterly line of that certain 15 foot strip of land as conveyed to the Southern California Motor Road Company, recorded April 25, 1888 in book 73,Page 345 of Deeds; Thence South 00°27'24" West, along said easterly line, a distance of 196.00 feet, to a point on the southerly right of way of Pico Street; Thence South 00°27'20" West, continuing along said easterly line, a distance of 429.10 feet, to the beginning of a non tangent curve, concave to the northeast, having a radius of 397.24 feet, from which the radius point bears North 63°19'I0"East; Thence southeasterly along said curve, to the left, through a central angle of 46°58'03", an arc distance of 325.63 feet, to a point on the north line of said Lot 57, from which the radius point bears North 16°21'07"East, said point being the Point of Beginning. Contains 22.41 acres,more or less. Acreage includes 1.36 acres of public right of way(Pico Avenue)within the described boundary. See Exhibit"B"attached hereto and made a part thereof. so ESStay, O D (a 'T �4.r Gil- OT F aa • 1 * E. •. 6-30-07 ali if/y7 I V I S- 2 R • CAAcot SHEET 2 of 2 EPIC ENGINEERS 101 E.Redlands Blvd,Suite 146 • Redlands,Ca.92373 • Ph.(909)792-5969 • Fax(909)rr7992-8869 g_Z d13 V V 9/0 ESS/pA,_ �r4) 4- D Poll( t le • \ BMW ON.TA WPC MC TANNER LNE MLNEO NETMOO pirw o / / j#:-ii CI 12J$4'05• 5000' toast 9184' LI A00.2Y20'E 682.22' 1(`yr No.!x�yl C2 33'54.05' Saw 29m 1524' L2 589'27'24'E moo' Exp. 6-30-07 * C3 J6$2h2' 5UC0' 3216 76.6Y LJ 58B2Y24E 25A71' 11., CI V I\- 2�P C4 257Y4Y0' 30.00' 221.44' L4 SM2Y24'E 3827Y �TFOF GAO'''. CS 48'58'03' 39724' - 325.83' 17259' L5 1470'27'41'E 862.69' L8 s89127.57T 537.4r L7 M7029'04.E 584.49' L8 N8928'2011' 920.05' ELEc?RIC4L a COMMUNCARCIS EASEMENT L9 59051.40414 404.39' 1I REC NOV. 22, 2004 INST. NO. 429737 1 LID N8927'571W 280.49 I' LII s00k724-W moos F T L12 5002Y20'W 429.10' En1 Q� I L8 1) TSLI LO7 [eYj 41 J t' U "71 Le r 142 LOT 1 ) _ 1 J 4, I 4 . T`/SpK .�e�' 1 O L70 J lin- !Y&9S7JT t s7r 48 __ j c� 48C0 s7REEr ¢L c2 cat wco St T REET SEE DETAIL A•l I LO r L6 —i— 8 I .2-; EAS7 RIVERSIDE LANDI 48, 1 COMPANY M. B. EH44 I �a 1 i 11 ce+ a. P . 1 1 1$�` LO7 30 I'+ L'J7 ee j qsem F. 1�. In 1;0 BL O K 6 I } a 1 € 33' I— 4 e 7 1 I 8 J• L2 re L4 1 _ C3 m 33IL3 i- L.i7. L10 t L0117 1 L.0-1 58 I -Sp tN U R7 C MAIN SWEET MAINS BEET DETAIL MJI F' 1''700' lb EPIC ENGINEERS EXHIBIT's' W.O. 4104E naaae RR.FTOo BY: ACB name commucom EVN•OBBR GI=GRAND TERRACE DATE.' 8/II/2006 ic101 E REMANDS BOULEVARD ABC •-CRY OF SCALE.' I-= 300' n SURERIEDL ND 7ELEX BOO-792-8989GRAND TERR4CE RDA PROPERTY REDLANDS,GB2J78 FAX BO9-180-8869 STEEP. 2 OF 1as -3o1y kj EXHIBIT B TO GRANT OF EASEMENT(WELL SITE)AND GROUNDWATER EXTRACTION RIGHTS Legal Description and Depiction of Well Site Easement Area [Portion APN 1167-151-59] [attached behind this pages EXHIBIT B RVPUB\DGIISOM918369.I fri EXHIBIT $ LEGAL DESCRIPTION OF PICO STREET WELL SITE AREA That portion of Lot 42 of Block 5 of the East Riverside Land Company, Section 5,T2S, R4W, as shown by map on file in Book 6 of Maps, page 44 thereof, Records of San Bernardino County, California,more particularly described as follows: Commencing at the southwest corner of Section 5, US,R4W, said point also being the centerline intersection of Main Street and Taylor Street; Thence North 00°27'20"East,a distance of 662.22 feet along the centerline of Taylor Street; Thence South 89°27'24" East, a distance of 33.00 feet to the southwest corner of Lot 56 of said Block 5,said point being on the easterly right of way of Taylor Street; Thence South 89°27'24" East, a distance of 642.48 feet along the south line of Lot 56 to the southwest corner of Lot 55; Thence North 00°27'41"East along the west line of said Lot,a distance of 662.69 feet to the centerline of Pico Street; Thence South 89°27'57"East along said centerline,a distance of 486.76 feet; Thence North 00°32'03"East,a distance of 33.00 feet to a point on the northerly right of way of Pico Street,said point being the Point of Beginning; Thence North 00°32'03"East,a distance of 31.00 feet; Thence North 89°27'57"West,a distance of 28.00 feet; Thence South 00°32'03"West,a distance of 31.00 feet; Thence South 89°27'57"East,a distance of 28.00 feet to the Point of Beginning. Contains 0.02 acres(868 square feet),more or less. D P .1, See Exhibit"B"attached hereto and made a part thereof. 9CEE R� �G4' OJ • . wA 'L �! II titer Np.b3556 ' Exp. 6-30-07 �J9J cl v' - �`as 6-OF cAI\` • SHEET I Of 1 EPIC ENGINEERS 101 E.Redlands Blvd,Suite 146 • Redlands,Ca.92373 • Ph.(909)792-5969 • Fax(909)792-8869 8-i psz • _ r i a lea IR7ANCE LI M0'2r20t 66222' Q�fESS L2 SW27'2It JS00' ��49G(_ PC! L3 S69'2r2.t 64248' LOT 42 LOT LI MO'27I1t 66269' 4`y� L5 S89'275rE 48676' L6 M0'32'03t 33.00' N°. L7 M03t 31.2'0300' Epp. O-JO-O] �F ��' CIVIV P L8 NB9'2r5rW 2800' 9T6.OF CAI\ L9 SQ732'0tW 31.00' 110 689.27'57T 2800' LE L7 L L9 -4.� POB _ PICOSIREET_ _T `►► L6 I— — r C/L PICO STREET- L5 19 LOT 54 CI EAST flVr FRSIDr LAND § C 0 i\il P A Nl Y N.I. P, 6l4 z' Z LOT fib LOT 55 g i La rJ , i< .A—C/L TAYLOR STREET R. t g 4 L3 CLOT 1CL2 LOT 57 I LOT 58 50 I CA MAIN STREET - 1 MAIN STREET - -a EPIC ENGINEERS EXHIBITlir 9D. ISD.T no crasno139010Daoeerra BY: ACB ++ae^ CJUSD GRAND TERRACE DA 7t 7/19/200E a101 E.REMANDS BOULEVARD '� BOB ]@ 69e9 HIGH SCHOOL SCALE.' 1'= 200' R SUITE 146REDlANDS,CA 92373 FM BOB-792-8809 RICO STREET WELL SITE STEER 1 cr 1 y b-2 2 tri CITY OF GRAND TERRACE CERTIFICATE OF ACCEPTANCE OF GRANT OF EASEMENT (WELL SITE)AND GROUNDWATER EXTRACTION RIGHTS [APN 1167-151-60 and Portions APN's 1167-151-63,58 and 59] This Certificate of Acceptance pertains to the interest in certain real property conveyed by the Grant of Easement(Well Site)and Groundwater Extraction Rights dated to which this Certificate of Acceptance is attached, from: THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, a public body, corporate and politic, who took title as THE CITY OF GRAND TERRACE REDEVELOPMENT AGENCY, a municipal corporation, to: CITY OF GRAND TERRACE, a California municipal corporation (referred to herein as "Grantee"), its successors and assigns, Said Grant of Easement(Well Site)and Groundwater Extraction Rights is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority conferred by the Grantee's governing body,and Grantee hereby consents to recordation of said Grant of Easement(Well Site) and Groundwater Extraction Rights. Dated: g—dq-De CITY OF GRAND TERRACE, a California municipal corporation By: .o ceVi Thomas Schwab City Manager ATTEST: f n,, City Clerk O RVPUB\DGaSOM718369.1