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HomeMy WebLinkAboutColton Joint Unified School District-2006-08 (4) ir+ WATER LINE RELOCATION REIMBURSEMENT AGREEMENT This WATER LINE RELOCATION REIMBURSEMENT AGREEMENT ("Agreement") is entered into by and between THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, a public body, corporate and politic ("Agency") and COLTON JOINT UNIFIED SCHOOL DISTRICT, a California public school district ("District"). Agency and District are sometimes referred to herein individually as "Party" and collectively as "Parties." RECITALS A. Agency is the owner in fee simple of certain real property located in the City of Grand Terrace, County of San Bernardino, State of California and more fully described and depicted EXHIBIT A attached hereto and incorporated herein by reference ("Property"), excepting for a that small portion thereof more fully described and depicted in EXHIBIT B attached hereto and incorporated herein by reference ("City's Parcel"), which portion is owned in fee simple by the City of Grand Terrace ("City"). B. The City of Riverside owns and maintains certain water distribution pipelines and related facilities, a section (collectively, "Water Line") of which traverses the Property and certain real property located to the north of the Property that is owned by City and/or Agency ("City/Agency Property"). The Water Line is approximately 5,110 lineal feet in length. That portion of the Water Line that traverses the Property is approximately 2,160 lineal feet in length, which is approximately forty-two percent (42%) of the total lineal feet. That portion of the Water Line that traverses the City/Agency Property is approximately 2,950 lineal feet in length, which is approximately fifty-eight percent(58%) of the total lineal feet. C. Agency and District are parties to that certain School Site Purchase Agreement and Escrow Instructions dated as of January 12, 2006 ("School Site Purchase Agreement"), pursuant to which Agency is to seek to acquire the City's Parcel and is to convey the Property to District in accordance with the teens thereof. D. District intends to construct a public high school ("School") on the Property and other adjoining property owned by District. It is necessary for construction of the School that the portion of the Water Line that traverses the Property be relocated from the Property; and it is efficient, convenient and the desire of Agency and City that, concurrent with such relocation, the portion of the Water Line that traverses the City/Agency Property also be relocated. E. Agency has undertaken the task to relocate the Water Line from the Property and the City/Agency Property, including, without limitation, the design, construction and installation of a replacement water line ("Replacement Water Line") to a new location determined by the Agency(collectively, "Relocation"). Agency hereby represents and warrants to District that: 1 R V PU B\DG I LSON\711984.6 V V (i) Agency has completed a bidding process in accordance with standard public works bidding procedures for outside services necessary to complete the Relocation; (ii) Agency has awarded a bid to and entered into a contract with Trautwein Construction,Inc. for construction services related to the Relocation; and (iii) Agency has or will incur the following costs directly related to its undertaking and completion of the Relocation: (a) The sum of approximately $1,775,661.00 for contract costs to Trautwein Construction, Inc.; (b) The sum of approximately $78,780.00 for project management/soils costs; and (c) The sum of up to approximately $100,000.00 for contingency construction costs, for a total of approximately $1,954,441.00 ("Estimated Relocation Costs"). F. Pursuant to terms set forth in Section 6.9.1 of the School Site Purchase Agreement, prior and as a condition to the close of escrow for conveyance of the Property by Agency to District, Agency and District are to negotiate in good faith and execute a reimbursement agreement providing for, among other matters, their respective contributions to the cost of the Relocation. The Parties desire to enter into this Agreement to fulfill such terms of the School Site Purchase Agreement; specifically, to provide for reimbursement by the District to the Agency of a prorated portion of the Actual Relocation Costs (defined in Section 6.1 herein). NOW, THEREFORE, IN CONSIDERATION of the foregoing Recitals and the mutual covenants hereinafter contained,the Parties agree as follows: 1. Incorporation of Recitals. The Parties agree that the Recitals constitute the factual basis upon which the Agency and District have entered into this Agreement. Agency and District each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length. 2. Effective Date. The Parties hereto have executed this Agreement on the dates set forth below next to their respective signatures. This Agreement shall be effective as of the date ("Effective Date") all of the following are true: 2.1 This Agreement has been approved by the Parties respective governing boards or delegated representatives and signed by all Parties; and 2.2 Fee title to the Property has been conveyed to District pursuant to the School Site Purchase Agreement. 2 RV PUB\DGILSON\711984.6 4100 If the Effective Date has not occurred by January 8, 2007, then this Agreement shall be deemed null and void and of no force and effect. 3. Relocation of Water Line. Agency shall undertake and complete the Relocation and shall be solely responsible for obtaining all required federal, state and local permits and approvals for the Relocation. The Relocation shall be completed by Agency no later than December 31, 2006 ("Completion Date"). Completion of the Relocation shall be evidenced by a "notice of completion" in accordance with California Civil Code Section 3093, signed and verified by Agency and recorded in the office of the county recorder of the County of San Bernardino, California. Agency shall provide to District a copy of such recorded notice of completion within ten (10) business days following the recording of same. Agency and District. acknowledge and agree that: (i) the Water Line is a 42" concrete pipeline and the Replacement Water Line will be a 48" steel pipeline; (ii) the Water Line shall not be removed as part of the Relocation,but will,upon completion of the Replacement Water Line,be capped at each end and abandoned in place; and (iii) upon completion of the Replacement Water Line and capping of the Water Line, each Party is unrestrained by this Agreement from removing, at its sole cost and expense without right of reimbursement from the other, that portion of the Water Line traversing their respective properties. 4. Entry License. District hereby grants to Agency and .its Contractor (defined below), subcontractors, agents and employees, a nonexclusive, revocable license ("License") to enter upon the Property for the purpose of completing the Relocation and related services. The term of the License shall be from the Effective Date through the Completion Date. 5. Responsibilities of Contractor Employed by Agency. Agency shall be solely responsible for securing appropriate bids and awarding a contract for the Relocation to a qualified contractor ("Contractor") in compliance with all applicable federal, state and local laws. 5.1 Standard of Care; Performance of Employees. Agency agrees to employ a Contractor who will complete the Relocation under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Agency represents and maintains that its Contractor is skilled in the professional calling necessary to perform the Relocation and related services, and that all of its Contractor's employees and subcontractors shall have sufficient skill and experience to perform the Relocation and related services. Agency further represents and maintains that the Agency and its Contractor, and their respective employees and subcontractors, have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Relocation, and that such licenses, permits, qualifications and approvals shall be maintained throughout any applicable term of this Agreement. As provided for in the indemnification provisions of this Agreement,Agency shall perform, at its own cost and expense and without reimbursement from District, any services necessary to correct errors or omissions which are caused by its Contractor's failure to comply with the standard of care provided for herein. 5.2 Laws and Regulations. Agency shall keep itself fully informed of and in compliance with all federal, state and local laws, rules and regulations in any manner affecting 3 RVPUB\DGILSONV 11984 6 i the performance of the Relocation, including all Cal/OSHA requirements, and shall give all notices required by law. Agency shall be liable for all violations of such laws and regulations in connection with the Relocation. If Agency or its Contractor performs any Relocation work knowing it to be contrary to such laws, rules and regulations, Agency shall be solely responsible for all costs arising therefrom. Agency shall defend, indemnify and hold District, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 5.3 Safety. Agency's Contractor shall execute and maintain its Relocation work so as to avoid injury or damage to any person or property. In carrying out its services, Agency's Contractor shall at all times be in compliance with all applicable federal, state and local laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 5.4 Prevailing Wages. Agency is aware of the requirements of California Labor Code Section 1770 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works contracts." If this is a "public works contract" pursuant to the California Labor Code, Agency agrees to fully comply with such Prevailing Wage Laws. Copies of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Agreement shall be made available to interested parties upon request, and shall be posted at the Relocation site(s). Agency agrees to defend, indemnify and hold the District, its elected officials, officers, employees and agents free and harmless,pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 6. Reimbursement by District to Agency. 6.1 Actual Relocation Costs. The term "Actual Relocation Costs" as used herein shall mean all amounts paid by the Agency directly attributable to the Relocation, which is estimated to be a sum equal to the Estimated Relocation Costs described in Recital E of this Agreement. Actual Relocation Costs shall not include Agency's internal management, administrative,or overhead expenses. 6.2 District's Share. The term"District's Share" as used herein shall mean, in the aggregate, the lesser of(i) forty-two percent (42%) of the Actual Relocation Costs or (ii) the sum of Eight Hundred Twenty-One Thousand One Hundred Dollars and No Cents ($821,100.00). The District shall reimburse and pay the District's Share to Agency in accordance 4 RVPUB\DGILSONV 11984.6 i✓ V with the terms of this Agreement. The Agency shall be solely responsible for all Actual Relocation Costs and other costs related to the Relocation in excess of the District's Share. 6.3 Monthly Invoices. On a monthly basis, Agency shall provide to District an invoice ("Monthly Invoice") for the Actual Relocation Costs incurred by and paid by or due and payable by Agency from the time of the previously-provided Monthly Invoice and for which Agency seeks reimbursement of District's Share thereof, together with supporting documentation for all items shown thereon, including copies of invoices, change orders and cancelled checks (front and back) evidencing Agency's incurrence and payment, if already paid, of the Actual Relocation Costs shown on such Monthly Invoice. Agency shall also promptly provide to District all additional information reasonably requested by District to substantiate any item(s) shown on the Monthly Invoice(s). 6.4 Payment of District's Share. Within thirty (30) calendar days following District's receipt of each Monthly Invoice, District shall pay and disburse, by check or cash, to Agency a sum equal to forty-two percent(42%) of the amounts itemized in that Monthly Invoice that are payable by District to Agency under this Agreement and which are not disputed by District. In the event a Monthly Invoice contains amounts disputed by District, District shall, within ten (10) calendar days following receipt by District of such Monthly Invoice, deliver to Agency a written notice of the disputed amounts and the basis for District's dispute of same ("Notice of Dispute"). Notwithstanding any Notice of Dispute, the District shall pay all undisputed amounts as provided herein. Agency shall have ten (10) calendar days from receipt of a Notice of Dispute to respond to said Notice in writing. If Agency determines that the Notice of Dispute is correct, Agency will not seek payment from District of the disputed amounts. If Agency contests the Notice of Dispute, Agency shall have the option to avail itself to the procedures set forth under Article 10 herein entitled "Resolution of Disputes". Notwithstanding the foregoing, in no event shall the total of the amounts paid by District to Agency under this Agreement exceed District's Share as defined in Section 6.2 herein. 7. Indemnification; Insurance. 7.1 Indemnification. Agency shall defend, indemnify and hold District, its officers, employees, and agents free and harmless from any and all liability from loss, damage, or injury to or death or persons or property in any manner arising out of or incident to Agency's performance of this Agreement, including without limitation all consequential damages, attorneys' fees and court costs resulting from the negligence of Agency or Agency's agents in the performance of this Agreement. Agency's obligations pursuant to this Section 7.1 shall not extend to any liability to the extent such liability arises from the willful misconduct or negligence of the District,its officials,officers, employees or agents. 7.2 Insurance. Prior to commencing any work upon the Property related to the Relocation, Agency or Agency's Contractor, as applicable, shall furnish or cause to be furnished to the District duplicate originals and appropriate additional insured endorsements, showing the District as an additional insured, of the Agency's or Agency's Contractor's commercial general and automobile liability insurance as shall protect Agency or Agency's Contractor from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from or which may concern operations related to the Relocation, 5 RVPUB\DGILSONV119846 V r whether such operations be by or on behalf of the Agency, Agency's Contractor, any subcontractor or anyone directly or indirectly employed by, connected with or acting for or on behalf of any of them. All liability insurance shall be issued by an insurance company or companies authorized to transact liability insurance business in the State of California, with a Policy Holder's Rating of B+or higher, and a Financial Class of VII or higher. Such commercial general liability shall cover both bodily injury (including death) and property damage (including but not limited to premises-operations liability, products-completed operations liability, independent contractors liability,personal injury liability, and contractual liability), in an amount not less than $1,000,000 per occurrence limit, $2,00,000 aggregate limit. Such automobile liability policy shall cover both bodily injury (including death) and property damage in an amount not less than $1,000,000 per occurrence limit. These minimum amounts of coverage shall not constitute any limitation or cap on Agency's and/or Contractor's indemnification obligations. Such policies shall remain in effect at all times until the Relocation is completed, shall be "occurrence," not "claims made," policies and shall be primary and noncontributing to any insurance that the District may elect to obtain. Such policies shall contain a full waiver of subrogation clause. Such policies shall provide that they shall not be canceled or reduced in types of coverage or amount of coverage without at least thirty (30) days' prior written notice to the District and that such reduction or cancellation shall become effective until at least twenty (20) days after receipt by the District of the written notice thereof. 8. Delivery of Monthly Invoices, Payments, Notices and Other Communications. All Monthly Invoices, payments for District's Share, notices and other communications required or permitted between the Parties hereunder shall be in writing, and shall be (i) personally delivered, (ii) sent by United States registered or certified mail, postage prepaid, return receipt requested, (iii) sent by facsimile transmission with confirmation of receipt, or (iv) sent by nationally recognized overnight courier service (e.g., Federal Express or United Parcel Service), addressed to the Party to whom the notice is given at the addresses provided below, subject to the right of any Party to designate a different address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the third business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail, such as notices delivered by personal delivery, facsimile transmission or courier service, shall be deemed given upon receipt, rejection or refusal of the same by the Party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or other communication sent. To Agency: The Community Redevelopment Agency of the City of Grand Terrace 22795 Barton Road Grand Terrace, California 92313-5295 Attn: Thomas Schwab, Executive Director Telephone: (909) 824-6621 Facsimile: (909) 783-7629 6 RV PUB\DGILSONV 11984.6 tie vi With a Copy to: Harper&Burn 453 South Glassell Street Orange, California 92866-1906 Attn: John R. Harper, Esq. Telephone: (714) 771-7728 Facsimile: (714) 774-3350 To District: Colton Joint Unified School District 1212 Valencia Drive Colton, California 92324-1798 Telephone: (909) 580-5000 (x 6642) Facsimile: (909)433-9468 Attn: Dennis Byas, Superintendent With a Copy to: Best Best &Krieger LLP 3750 University Avenue Post Office Box 1028 Riverside, California 92502 Attn: Kevin K. Randolph, Esq. Telephone: (951) 686-1450 Facsimile: (951) 682-7308 9. Termination. In the event that either Party defaults in the performance of any of its obligations under this Agreement or materially breaches any of the provisions of this Agreement and fails to cure such breach within thirty(30) calendar days following written notice of such breach from the other Party, the other Party shall have the option to terminate this Agreement upon fifteen (15) days written notice to such defaulting party; provided however, that in the event this Agreement is terminated by the District, District shall still be obligated to pay, in accordance with and as provided by the terms of this Agreement, District's Share of all Actual Relocation Costs incurred by District through the date of notice of such termination by District. Any dispute respecting termination of this Agreement shall be resolved in the manner set forth in Section 10 herein. 10. Resolution of Disputes. 10.1 Without Arbitration. In the event any dispute arises with respect to the terms of this Agreement, Agency and District shall each appoint a representative for itself and such representatives shall meet and confer within forty-eight (48) hours following the request of either Party with the object of resolving such dispute(s). If, within seven (7) calendar days, or such longer period as may be agreed upon by the Parties, the dispute cannot be resolved by the representatives to their mutual satisfaction, the representatives shall then convene a committee composed of themselves and two (2)members of each Parties' governing board, selected by such legislative bodies, in their discretion. The committee shall meet as soon as possible to attempt to resolve the dispute(s)to the mutual satisfaction of Agency and District. 10.2 With Arbitration. In the event the committee described in Section 10.1 herein is unable to resolve any dispute(s) between Agency and District, such dispute(s) shall be 7 RVPU9\DGILSON 711984.6 4110 decided by arbitration in accordance with the then current rules of the American Arbitration Association, unless the Parties mutually agree in writing otherwise. No arbitration shall include any party other than Agency and District and any other person substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in the arbitration. The award rendered by the arbitrator(s) shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Notice of a demand for arbitration shall be filed with the other Party and with the American Arbitration Association within a reasonable time and in no event after the date on which legal or equitable proceedings based on such claim, dispute or matter in question would be barred by the applicable statute of limitations. 11. Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the Parties or by any third person to create the relationship of principal and agent, or partnership or joint venture, or any association between Agency and District, and none of the provisions contained in this Agreement or any act of the Parties shall be deemed to create any relationship other than as specified herein with respect to the matters contained herein, nor shall this Agreement be construed, expect as expressly provided herein, to authorize either Party to act as the agent for the other Party. 12. Severability. If any term or provision of this Agreement shall be held invalid or unenforceable,the remainder of this Agreement shall not be affected. 13. Construction. This Agreement shall be interpreted in accordance with and governed by the laws of the State of California. The language contained herein shall be construed according to its fair meaning and not strictly for or against either Party. the paragraph headings are for purpose of convenience only, and shall not be construed to limit or extend the meaning of this Agreement. 14. Attorneys' Fees. In the event any action is commenced to enforce or interpret any term or condition of this Agreement, in addition to costs and any other relief, the prevailing party shall be entitled to reasonable attorneys' fees and costs. 15. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the matters contained herein. No prior agreement or understanding of the Parties with respect to the matters referred to herein shall be valid or of any force or effect. 16. Assignment. This Agreement shall not be assigned without the written consent of the Parties, any assignment without such written consent shall be void and ineffective. 17. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties hereto. 18. Amendment to Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the Parties. 19. Time of Essence. Time is of the essence for this Agreement. [signatures on following page(s)] 8 RVPUB\DGILSONV 11984 6 SIGNATURE PAGE TO WATER LINE RELOCATION REIMBURSEMENT AGREEMENT IN WITNESS WHEREOF, the Parties have executed this Agreement on the date(s) set forth next to their respective signatures below. AGENCY: THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, a public body, corporate and politic By: Thomas Schwab Its: Executive Director Date: if-3o-4I, DISTRICT: COLTON JOINT UNIFIED SCHOOL DISTRICT, a California public school district By: a .i D- -.r'is Ryas Its: S •erintende, Date: 09 //a/a APPROVED AS TO LEGAL FORM: BEST BEST &KRIEGER LLP By r ism Legal Coun 1 9 RVPUB\WILSONV11984.6 4.1 EXHIBIT A TO WATER LINE RELOCATION REIMBURSEMENT AGREEMENT Legal Description and Depiction of Property [attached behind this page] EXHIBIT A RVPUB\UGILSON\711984.6 fr+ 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 l of 2 EPIC ENGINEERS 101 E.Redlands Blvd,Suite 146 • Redlands,Ca.92373 • Ph.(909)792-5969 • Fax(909)792-8869 410 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°19'10"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. co ESS51( 45" 0 POT F` co ,ate / ) j- No.53554 * Exp. 6-30-07 Air `rr9 CIv1t 2�T TF.OF OAST— SHEET 2 of 2 EPIC ENGINEERS 101 E.Redlands Blvd,Suite 146 • Redlands,Ca.92373 • Ph.(909)792-5969 • Fax(909)792-8869 i) v so ESS/pA, W�`�Ovt: D Pol F ? 38 CURVE 9BL7A MSCMSCARG TAMER 1!! IMAM W1AIN.i CI 123'S4'OS• moo' 10812' 93.84' LI MJO'2r20'E 66722' No. C2 33'54'O5' 50.00' 2A5B 1524' L2 589'2r24'E ma Exp. 6-30-07 * C3 36'62'12- moo' 3218' 76.67 C4 25 L3 SB9'2r24'E 259.71' L4 589'2124t44'IO' 5800' 221.44 E 27r �h r"9TF OF/CAl\F��P C5 46$8'03' 397.24' 32563' 17259' L5 1400'1r411 66269' L6 569'17.5tE 537.43. L7 N00'2704•E 564.49' LH N89'28.20'W 92805' 1 1 ELECIRICAL 8 COMMU71CA110N5 EASEMENT L9 S00'31'40'W 404.39' 11 REC. NOV. 22. 2004 INST. M0. 429737 1 L70 N69827.5711/ 260.48' LII 50027.201 19600' li -7 —- L12 500'2r20'W 4z&Io' h 11 L8 1 Lot i -.I * L47T 142 ® I41. , ras IN 'S6928'202 1 a' i RADIALn y L10 4 _ _J1 ^ gym— a SEE DEAL'Er 1 �' La77 CA Pon SIREE7 ____� a�"C4L co MEET is $ffDETi IL SA• I,c) r L6 I 4 o 1 � EAST R ] VERS1D .E LAND �o lift _ COMPANY M. B. 6 / 44 ° �a j t Lo DETALL A• -,�{'.�M L{`T fi�H B L fl YJ L€�l' 66 j 1 SCALE: 111400' y"W y I a 5 33 I 1F�4 1 I Loy OS ILOT bi) i - E POC C MAIN 57REE7 t Q MAINS WET DEAL III" ^ SCALE 1'=100' S. EPIC ENGINEERS EXHIBIT'B' wa 43.049 LAND SOME.. BY.' AO f CONSTRUCTILM MAMEn MED GRAND TERRACE DATE.' 8/11/2006 , w. 101EREDANDSBOULEVARD TELE KM HIGH SCHOOL-CITY OF SCALE: 1" = 300' ti RED 146ORAf�'/6�i4CEADA PROF9IIY as REDL ADS.CA 92473 FAX 909-792-BBfiB SHEET.' 1 OF 1 . • V EXHIBIT B TO WATER LINE RELOCATION REIMBURSEMENT AGREEMENT Legal Description and Depiction of City's Parcel [attached behind this page] EXHIBIT B RVPUB\DGILSON\711984.6 161 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY TO BE CONVEYED BY CITY OF GRAND TERRACE TO REDEVELOPMENT AGENCY That portion of Lot 41 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 along the centerline of Taylor Street,a distance of 1324.80 feet to the centerline intersection of Taylor Street and Pico Street; Thence North 00°27'24"East continuing along said centerline, a distance of 163.00 feet; Thence South 89°32'36"East,a distance of 48.00 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, said point being the Point of Beginning; Thence South 89°32'36"East, a distance of 69.99 feet; Thence South 00°27'06"East, a distance of 163.16 feet to the centerline of Pico Street; Thence North 89°27'57" West along said centerline, a distance of 70.00 feet to the intersection of the centerline of Pico Street and the prolongation of said 15 foot strip of land; Thence North 00°27'24" East along said prolongation and along the easterly line of said 15 foot strip,a distance of 163.06 feet to the Point of Beginning. Contains 0.26 acres,more or less. Acreage includes 0.05 acres(2310 square feet) of public right of way(Pico Avenue)within the described boundary. See Exhibit"B" attached hereto and made a part thereof. QROFESS/Or�d1/4, ti ,�.. / ,, tS3r No.53.554 • Exp. 6-30-07 d> CI VI I-,ea qrF OF CAIIW SHEET l ofl EPIC ENGINEERS 101 E.Redlands Blvd,Suite 146 • Redlands,Ca.92373 • Ph.(909)792-5969 • Fax(909)792-8869 4 UNE BEARS. 9RTAN0! L1 1970'2720T 1324.80' L2 MOO.2124'E 16100' L3 S89'32'36'E 4800' L4 S89'32'36 E 69.99' L5 500'2706E 16316' L6 NW27571W 70.00' L7 N0027'24E 16306' i1 1 11 1i 1 11 ' O7 Co- (i L3 1 1 I�Air L4 �1� L5 1 C/L PICO SIREN � LB 11EAST RIVERSIDE LAND '198 15' COMPANY ! MB. 8 / 44 a 33' t 1 LOT e$ 1 Lcrr 66 M BLOCK 8 g h 1± a 11 I Q0ESS10 ti............._-..,... _..,-M_..._._-^.m.. ..� ....... _ m,,.��.. ��0 D p0 Q 1 ! I 'mod , 5� O l pot 1 MAIN STREET # e c 6-30.07 P'PE'' CIVIL e� MA/NSIIdEET its OF CAA" i EPIC ENGINEERS EXHIBIi'B' W.O. 41041 at ACB :9 a2ela�rr�au w""RILIpxwi a rr C.ILISD GRAND TERRACE BATE' 8/11/2006 nwe+X1 101 a raEOLArios BOULEVARD MOH SCHOOL-CITY TO SCALE: i' = 300' ra SURE 146 7QE gm-792-WB9 REDEVELOPMENTAesCY star 1 - 1 9ED ANDS,CA 92379 FAX 909-792-AM Y