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Home My WebLink AboutDeeds & Easements_19-2019ERECORDING REQUESTED BY Commonwealth Land Title AND WHEN RECORDED MAIL TO San Bernardino Transportation Authority 1170 W 3rd Street, 2"d Floor San Bernardino, CA 92410-1715 q-2,0 -33 Electronically Recorded in Official Records, County of San Bernardino BOB DUTTON ASSESSOR RECORDER CLERK 867 SPL Title Services Doc# 2019-0176640 111111111111111 0 1111111111111 5/31/2019 03 09 PM ADC Titles 1 Pages 12 Fees 00 Taxes 00 CA SB2 Fee 00 Others 00 Paid 00 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE Title EASEMENT DEED RECORDING REQUESTED BY. Commonwealth Land Title Company 4100 Newport Place, Suite 120 Newport Beach, CA 92660 Escrow and Order No WHEN RECORDED MAIL TO SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY 1170 W 3' Street, 2nd Floor San Bernardino, California 92410-1715 Portions of APN(s) 0170-142-07 EXEMPT FROM RECORDING FEES PER GOVT CODE 127383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV & TAX CODs f 11922 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Grant of Temporary Construction Easement (hereinafter referred to as this "Instrument") is made and entered into by the undersigned CITY OF REDLANDS, a municipal corporation (hereinafter referred to as "Grantor"), with reference and respect to that certain Agreement of Purchase and Sale and Joint Escrow Instructions as further described and referenced in the second to last paragraph of this Instrument (hereinafter referred to as the "Agreement") Grantor represents and warrants that it is the owner in fee simple of certain real property Located in the City of Redlands, County of San Bernardino, State of California, more fully described In ATTACHMENT "1" attached hereto and Incorporated herein by this reference (hereinafter referred to as the "Property") FOR GOOD AND VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged by Grantor, Grantor does hereby GRANT and CONVEY to San Bernardino County Transportation Authority ("Grantee"), and its successors and assigns, a temporary construction easement and right of way ("Temporary Construction Easement"), over, on, under, in, acro s, along, and through that certain portion of the Property ore fully described and depicted in Exibtts "A" and "B" attached hereto and incorporated herein by reference ("Temporary Construction Easement Area"), for the purpose of all necessary and convenient activities associated with the Redlands Passenger Rail Project (hereinafter referred to as the "Project") as further described in the Agreement, including, without limitation, construction and/or operation of the Project The Temporary Construction Easement shall, unless extended, expire on the date ("Expiration Date") that is not more than Twenty-four (24) months from the commencement of construction within the Temporary Construction Easement Area, as established in a notice given to Grantor by or on behalf of Grantee pursuant to the Agreement The Grantee shall have an option to extend the Temporary Construction Easement on a month-to-month basis (and/or as otherwise provided in the Agreement) until construction on the Project is completed Upon occurrence of the completion of the Project, the then -owners of record of the Property shall have the right to request and, thereafter, receive from Grantee a duly executed and acknowledged instrument in writing whereby Grantee quitclaims or otherwise releases its interest to the Temporary 33 L 1ca1d.imlAgreements?SBCTA_City of Redlands (RPRP-563L-097) - PSA (Revised 10 5 18 BMD).docx Construction Easement, but not the other terms and provisions of this Instrument, to the said then - owner of record of the Property, and may cause same to be recorded in Official Records of San Bernardino County, California Grantor covenants, by and for itself, its heirs, successors and assigns, including, without limitation, any voluntary and Involuntary successor(s)-in-interest to the Property or any part thereof, that Grantor shall not, without the express prior written consent of Grantee, erect, place, or maintain any improvement, or undertake any other activity, which may interfere with the use of the Temporary Construction Easement Area; and Grantor shall not permit the erection, placement, or maintenance of any improvement, or undertaking of any other activity, which may interfere with the use of the Temporary Construction Easement Area, including, without limitation, the erection of any building, wall, fence, structure or other Improvement within the Temporary Construction Easement Area The Temporary Construction Easement shall include, without limitation, the right and privilege of Grantee and its employees, agents, representatives, contractors, subcontrators, and workmen to (t) perform all activities as may be necessary to facilitate the purposes of the Temporary Construction Easement, (ii) use, control, and occupy the Temporary Construction Easement Area, (iii) have access to, ingress to, and egress from the Temporary Construction Easement Area, (iv) use and temporarily place and operate tools, equipment, machinery, and materials on the Temporary Construction Easement Area; and (v) trim, cut, or clear away any trees, brush, or other vegetation or flora, including, without limitation, the roots thereof, located within the Temporary Construction Easement Area This Instrument, including, without limitation, the grant and other terms and provisions set forth or incorporated by reference herein shall inure to the benefit of, and be binding upon, Grantor and Grantee and their respective heirs, successors and assigns, including, without limitation, any involuntary successor(s)-In-interest Grantee may assign its rights and remedies in, to and under this Instrument and may do so without obtaining the consent of or providing notice to Grantee. At the expiration of the Temporary Construction Easement, Grantee shall restore the Temporary Construction Easement Area to a condition as near as ixacticable to the condition that existed immediately prior to Grantee's operations, provided, however, that Grantee's restoration obligations shall not apply with respect to reasonable wear and tear or any changed condition or circumstance not resulting from Grantee's operations, including, without limitation, Grantee's negligence or greater fault Additionally, Grantee shall not be required to restore any vegetation, landscaping or improvements for which the Grantor has been paid, to the pre-existing condition Further, it is understood that, upon said expiration or termination of the Temporary Construction Easement, Grantee shall have no other or further obligation, liability or duty in connection with the Property The covenants contained in this Instrument shall run with the land, This Instrument arises from the Agreement as entered into by Grantor and Grantee on or 34 L Ica\djm1Agreements\SBCTA_City of Redlands (RPRP-563L-097) - PSA (Revised 10 5 18 BMD),docx about , 201_ The terms and provisions of the Agreement are incorporated into this Instrument by this reference as if set forth in this Instrument in full Interested parties may inspect a copy of the Agreement at the offices of Grantee This Instrument together with the Agreement contains the entire agreement of the parties relating to the subject matter hereof, including, without limitation, the rights herein granted and the obligations herein assumed. Any oral representations concerning or modifications of this Instrument or the Agreement shall be of no force or effect, excepting a subsequent modification in writing signed by each of the parties, IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below Dated 5/4/1 GRANTOR• CITY OF REDLANDS, a in nicipal corporation {{ 44� By: (W Its YOK Name?AvL IIV fOSieZ ATTEST ne Donaldson, City Clerk 35 L 1caldimlAgreements\SBCTA City of Redlands (RPRP-563L-097) PSA (Revised 10.5 18 BMD).docx 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 CALIFO COUNTY 0 On ! i 1 > i b fo, a ,1,1:11 /AO i 4 i f k I( I Notary Public, pe onal y appeared 1 !1„eiMili �?f, j' 'a.'i sr'ved to me on the basis o satisfactory evidence to be the person( ) t.'ose n• e s) . are subscribed to the within instrument and acknowledged to me that pt/sye/the I - xecuted the same in Vs/h i/their authorized capacity(ies), and that by l s/h//their signare(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature f (SEAL) L 11 MCCASLAND Commission * 2143166 Notary Public - California Riverside County M Comm Ex.lres Feb 19, 2020 36 L 4caldimlAgreemenislsBCTA_City of Redlands (RPRP 563L-097) PSA (Revised I0 5 18 BMD).docx CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) This is to certify that the interest in real property conveyed by this Grant of Temporary Construction Easement to the undersigned San Bernardino County Transportation Authority ("SBCTA"), the provisions of which instrument are incorporated by this reference as though fully set forth in this certificate, is hereby accepted by the undersigned officer on behalf of SBCTA pursuant to authority conferred by the San Bernardino County Transportation Authority's Board of Directors, Agenda Item 12, adopted on June 5, 2013, and the Grantee consents to recordation thereof by its duly authorized officer Description/ identification of real property Vacant Land, West side of University Street, approx 600 feet north of Central Avenue, Redlands, California 92374 APN: 0170-142-07 Dated. 5-1zv-14 By Carrie Schindler, PE Director of Transit and Rail Programs ACKNOWLEDGEMENT 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 50 BarnecriAa ) On I" lay 018', 9OJq before me, YJI 141.4-1/A , Notary Public, personally appeared 0 air v l yyi L.gAA P o s j..,i ScA ivij/epwho proved to me on the basis of satisfactory evidence to be the person) whose namejs) is/are subscribed to the within instrument and acknowledged to me that .14e/she/they executed the same in 14s/her/their authorized capacity(ae-}, and that by-hts/her/therr signature0 on the instrument the person(sj, or the entity upon behalf of which the person( 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 WITNESS my hand and official seal ANNAALDANA Notary Public — California San Bernardino County Commission # 2183926 My Comm Expires Mar 18, 2021 Signature (SEAL) ATTACHMENT "1" TO GRANT OF TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION OF REAL PROPERTY [APN(s) 0170-142-07] ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS. LOTS 5 TO 14, INCLUSIVE, BLOCK D, OF THE MAP OF LUGONIA PARK, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 50 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER. OF SAID COUNTY. 38 L lealdjmlAgreemcnts+SBCTA_City of Redlands (RPM' 563L-097) - PSA (Rcvtsed 10.5 18 BMD).docx EXHIBIT "A" TO GRANT OF TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT AREA [ A PN(s): 0170-142-07] [attached behind this page] 39 L `caldjm\Agreemenis\SBCTA City or Redlands (RPRP•5631..-097) - PSA (Rev sed 10.5 18 BMD).dacx EXHIBIT "A" LEGAL DESCRIPTION APN 0170-142-07 TEMPORARY CONSTRUCTION EASEMENT - RPRP 563L-097.2-TCE That portion of Lot 14, Block D, of the Map of Lugonia in the City of Redlands, County of San Bernardino, State of California, as shown on Map recorded in Book 4, Page 50 in the office of the County Recorder of said County, more particularly described as follows Commencing at the intersection of the Northerly right-of-way line of SBCTA (formerly SANBAG) Railway as shown on Record of Survey Map 152/6 15, Recorded September 18, 2013 with the Westerly right-of-way fine of University Street Being 30 00 feet west of the centerline thereof; Thence along said Northerly right-of-way line North 69°21'57" West, 36 11 feet to the True Point of Beginning, thence leaving said Northerly Right- of-way line North 72°05'21" East, 8.11 feet, thence North 17°54'39" West, 6 00 feet to the beginning of a non -tangent curve concave Northwesterly having a radius of 29 00 feet a radial line to said point bears South 17°54'39" East, thence Northeasterly along the arc of saki curve through a central angle of 47°5299" a distance of 24 23 feet, thence South 65°46'58" East, 6 00 feet to the beginning of a non tangent curve concave Westerly having a radius of 35.00 feet a radial line to said point bears South 65°46'58" East; thence Northeasterly along the arc of said curve through a central angte of 24027'03" a distance of 14 94 feet thence North 00°14'01" West 6319 feet; thence North 89°45'59" East, 4.00 feet to a point on the Westerly right -of way of said University Avenue; thence along said Westerly Right-of-way line, North 00°14'01" West, 5 00 feet, thence leaving said Westerly right of way line, North 90°00'00" West, 9.00 feet, thence South 00014'01" East 68 22 feet to the beginning of a tangent curve concave Westerly having a radius of 30 00 feet thence Southerly along the arc of said curve through a central angle of 14°5125" a distance of 7 78 feet, thence North 65°46'58" West 6 11 feet to the beginning of a non -tangent curve concave Northwesterly having a radius of 24.00 feet a radial line to said point bears South 77°4826" East, thence Southwesterly along the arc of said curve through a centralngie of 71°55'16" a distance of 3013 feet, thence South 17°54'39" East, 6 53 feet, thefice South 72°05'21" West, 18,02 feet to a point on the Northerly Right-of-way line of said SBCTA (formerly SANBAG) Railway, thence along said Northerly right -of way, South 89021'57' East, 15 72 feet to the True Point of Beginning Said parcel contains 660 square feet, more or less Distances shown hereon are grid distances in U 5 Survey feet To obtain ground level distances, multiply distance by 1/0 99993920 Ali bearings shown hereon are grid based PAGE 1 OF1 !WRP.i.- Q . 9CELilioRYt]a73,SSRPRP•beda9•Fl�16esipn•No401517an 55-Aequlstl°esARPRP.5aJG047WgralM03y RPRP•Sa7L-097.24CE IA*dcc 40 L kalclim\Agreements\SBCTA_City of Redlands (RPRP 563L-097) PSA (Revised 10.5 18 BMD).docx upon the California Coordinate System, Zone 5, CCS83, (Epoch NSRS-2007) Bearings from reference deeds/maps may or may not be in terms of said system. DAVIDW AMBLER L.S 7322 201 DATE PAGE 2 OF1 P1.1a331SURVEY-&10RINMEMS541PRP.badaThalOc7gn-No201SW33i&RPRP-NrailMartiolT•/kqubSlan+ViPRP•501.-O Meyalshana- RPAPsd3l tlpT.24CE Lealkdoe 41 L..IcaldjmlAgreements\s3CTA_City of Redlands (RPRP 5631:-097) PSA (Revised 10.5 18 BMD).docx EXHIBIT "B" TO GRANT OF TEMPORARY CONSTRUCTION EASEMENT MAP OF TEMPORARY CONSTRUCTION EASEMENT AREA [APN(s)• 0170-142-071 [attached behind this page] 42 L.\ca\djm\Agreements\SBCTA_City of Redlands (RPRP-563L-097) - PSA (Revised 10 5 18 BMD),docx LEGEND PO a 1N01CATES PONT OF COMMENCEMENT rPD.a INDICATES TRUE PONT OF BEG1N1WNG EZD INDICATES TEMPORARY CONSTRUCTION EASEMENT EXHIBIT B RPRF-563L-097 APN 0170-142-07 CITY OF REDLANDS, CA oTJD N90'00'00"W E UGIONJ 1 I PAJRK 900' MB 4)50 1 ri -13 f 14 ;t:%1 1 580.02 S.F. S 7'4826 EJRt..t 111 0 APN 017142-07 4, •�1 RPRP-563L-0972—TCE 572175 21 "W ',� 7602' J •_ �S17 1572' `� 36 L1 7,P.a6 5183' N892157'W SBCTA (SANBAG} RAILWAY 30' 44' N0074'01"W 5.00' I s) N8945'59T s},) j b 4.00'icc) clib\ Nv SHEET 1 OF 1 S65'46581.2111 439ESR Fi S -148/73-02 DATA TABLE NO. DEtTA/BEAR1NG RADIUS 1-ENOTN C1 C2 C3 C4 1.1 L2 L3 L4 /=4732'19" 29.00' 24.23' d=2427'03- 35.00' 14.94' 6=14'5125" 6=7rs5'16" 30.00' 7 78' N72U5'21 t 24.00' 3a13' N1734'39'w 565%1658.£ N65461581W air 6.00' 500' L5 1? 6.11' S175409"E 6.53' P.a.a L A4'&4 9.11/41 7 BAWD W. AMBLER, LS. 7322 DATE PROJECT DESIGN CONSULTANTS Fleming I Lace ArthltscivaIErghyardngiSwvcy I.u.i.iksim r_wo4f}.7altsS-idly-tucx9-timutsav hMOS V6.1103 -2f metook, wi.. e n ON% Davy o smium TM ',s.z llllr ACCUS)AkSM,V-Silk -6/71.11.1A4Frd,-]da-0477.2-TalibC 43 L kaki* \Ag€ccmentssSBCTA City of Redlands (RPRP-563L-f197) PSA (Revised 10.5 18 BMD).docx