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.
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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.
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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.
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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
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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
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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
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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;
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101 E.Redlands Blvd,Suite 146 • Redlands,Ca.92373 • Ph.(909)792-5969 • Fax(909)792-8869
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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.
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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
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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.
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See Exhibit"B"attached hereto and made a part thereof. 9CEE R�
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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
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