HomeMy WebLinkAboutContracts & Agreements_260-2005_CCv0001.pdf STATE OF CALIFORNIA-BUSINESS,TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER,Governor
DEPARTMENT OF TRANSPORTATION
SOUTHERN RIGHT OF WAY REGION �
District 12 R/W Field Office "�� P
3337 Michelson Drive, Suite 380
Irvine,California 92612-8894
FAX: (949)724-2411/724-2622
April 24, 2006
City Clerk's Office 08-Sbd-38-3.07/4.07
City of Redlands E.A: 498509
Attn: Greg Gage (Utilities Project Manager) Parcel #: 20152-12,3
P.O. Box 3005
Redlands, CA 92373
Dear Mr. Gage:
Enclosed is a copy of your Right of Way Contract, which has been approved. You should be receiving
your check in the amount of S 1,040.40 from our Headquarters office in Sacramentoshortly. Please call
me if you have not received your check within two weeks of this letter.
Thank you again for your courtesy and cooperation in this Right of Way transaction.
Sincerely
J
4
EVANGELINA WASHINGTON
R/W Titles and Escrow
Associate Right of Way Agent
(949) 7242515
Enclosure
cc: B. Johnson
Southern R/W Region
Los Angeles Field Office 21073 Pathfinder,Suite 100 San Bernardino Field Office
120 South Spring Street Diamond Bar,CA 91765 464 W.4'Street, 12"floor
Los Angeles,CA 90012-3606 Phone:(909)468-1500 Fax.(909)468-1501 San Bernardino„CA 9240 1-1 400
Phone:(213)897-1861 Fax:(213)897-1962 TDD:(800)735-2929 Phone:(909)383-6211 Fax:(909)383-6877
STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION Page 1 of 4
RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 8-3(Rev.6195)
San Bernardino California 08 SBd 38 3.114.1 498509
Dist Co Rte Post Exp Auth
December 2005
CITY OF REDLANDS
Grantor
Document Nos. 20152-1,-2,-3 , in the form of a Grant Deed covering the property particularly described in said documents
have been executed and delivered to SUMITA THAPPA , Right of Way Agent for the State of California.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
1. (A) The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the
entire consideration for said document and shall relieve the State of all further obligation or claims on this account,
or on account of the location, grade or construction of the proposed public improvement.
(B) Grantee requires said property described in Document No. 20152-1,-2,-3 for State highway purposes, a public
use for which Grantee has the authority to exercise the power of eminent domain. Grantor is compelled to sell, and
Grantee is compelled to acquire the property.
Both Grantor and Grantee recognize the expense, time, effort, and risk to both parties in determining the
compensation for the property by eminent domain litigation. The compensation set forth herein for the property is in
compromise and settlement, in lieu of such litigation.
2. The State shall:
(A) Pay the undersigned Grantor the sum of $ 1,000.00 for the property or interest conveyed by above document
when title to said property vests in the State free and clear of all liens, encumbrances, assessments, easements and
leases(recorded and/or unrecorded)and taxes, except:
a. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section
5086 of the Revenue and Taxation Code, if unpaid at the close of escrow.
b. Covenants, conditions, restrictions and reservations of record, or contained in the above-referenced document.
c. Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any.
(B) Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the State, the
premium charged therefor.
(C) Have the authority to deduct and pay from the amount shown in Clause 2(A) above, any amount necessary to satisfy
any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with
penalties and interest thereon, and/or delinquent and non delinquent assessments which have become a lien at the
close of escrow.
3. The acquisition price of the property being acquired in this transaction reflects the fair-market value of the property
without the presence of contamination. If the property being acquired is found to be contaminated by the presence of
hazardous waste which requires mitigation under Federal or State law, the State may elect to recover its cleanup costs
from those who caused or contributed to the contamination.
STATE OF CALIFORNIA—DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT—STATE HIGHWAY Page 2 of 4
RW 8-3(Rev.6/95)
4. State agrees to indemnify and hold harmless the Grantor from any liability arising out of State's operations under this
agreement. State further agrees to assume responsibility for any damages proximately caused by reason of State's
operations under this agreement and State, will, at its option, either repair or pay for such damage.
5. Grantor warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one
month, and the Grantor further agrees to hold the State harmless and reimburse the State for any and all of its losses and
expenses occasioned by reason of any lease of said property held by any tenant of Grantor for a period exceeding one
month.
6. It is understood and agreed between the parties hereto that payment in Clause 2(A) above includes, but is not limited to
payment NONE which are considered to be
part of the realty and acquired by the State in this transaction.
T It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2(A) above
is payment in full to compensate Grantor for the expense of performing the following work:
CONSTRUCTION OF SIDEWALK, CURB, GUTTER AND ADA WHEELCHAIR RAMPS
8. It is understood and agreed that included in the amount payable in Clause 2(A) above is compensation in fall for the actual
possession and use of the Temporary Construction Easement identified as Document No. 20152-1,-2,-3 for a period of
12 months. Said period to commence upon the State contractor's first entry onto the premises.
9. In the event said actual use extends beyond the prescribed period of time and said use is verified through the State's contractor
logs, the State shall pay the grantor(s) by Amended Right of Way Contract at the same contract rate of$ 8333 per
month, prorated to the actual date said actual use terminated.
10. It is agreed that payment in Clause 2(A)above includes funds for the relocation and reestablishment of:
NONE
It is understood these improvements are to be relocated and reestablished by the grantor at State expense. Grantor
acknowledges that no payment is made for the purchase of these improvements, it being understood that payment for relocation
and reestablishment precludes purchase price. Title to the said relocated improvements remains with the grantor/owner and the
State is not responsible for any damage due to Act of God or nature, fire, or vandalism. The grantor shall, in any event,
remove said improvements on or before 4—3 0—0 6 . In the event said easement area has not been cleared of said
improvements on or before said date, the State, or its authorized agent, is hereby granted the right to enter upon the adjacent
property of the grantor for the purpose of moving said improvements clear of the easement area and onto grantor's adjacent
property without incurring any liability or responsibility for the location or condition of said improvements.
ti
STATE OF CALIFORNIA—DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT—STATE HIGHWAY Page 3 of 4
RW 8-3(Rev.6/95)
10. At least 48 (forty-eight) hours advance written notice will be given before any entry on Grantor's property. Written
notification shall be given to the owner at:
City of Redlands
30 Caion Avenue
Redlands, CA 92373
Attention: Greg Gage
Verbal communication with the owner shall be at telephone number 9091798-7698
In the event this information changes or property transfers, the owner shall notify State in writing of such occurrence at:
STATE DEPARTMENT OF TRANSPORTATION
Right of Way Department
3337 Michelson Drive, Suite 380
Irvine, California 92612-1692
ATTENTION: SUMITA THAPPA
11. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of
possession and use of the subject property by the State, including the right to remove and dispose of improvements, if
any, shall commence April 30, 2006 or the close of the escrow controlling this transaction, whichever occurs first,
and that the amount shown in clause 2(A) herein includes, but is not limited to, full payment for such possession and use,
including damages, if any from said date.
12. Grantor agrees that no improvements, other than those already on the property, shall be placed thereon, and the planting of
any crops, trees, or shrubs, or alterations, repairs, or additions to existing improvements which may hereafter be placed
thereon, are at Grantor's risk and without expectation of payment if removed by the State.
13. In consideration of the State waiving the defects and imperfections in all matters of record title,the undersigned Grantor
covenants and agrees to indemnify and hold the State of California harmless from any and all claims that other parties may
make or assert on the title to the premises. The Grantor's obligation herein to indemnify the State shall not exceed the
amount paid to the Grantor under this contract.
14. This transaction will be handled through an escrow with Lawyers Title Company, 325 W. Hosl�,itality Lane, Suite 100, San
Bernardino, CA 92408, their escrow number: pending
15. All work done under this agreement shall conformto all applicable building, fire d sJLry laws, ordinances, and
regulations relating to such work, and shall be done in a good and workmanlike manne . All structures, improvements or
other facilities, when removed, and relocated, or reconstructed by the State, shall be le in as bod condition as found.
t
16. Should the property be materially destroyed by fire, earthquake, or any other calamity hout e fault of either party, this
o
contract may be rescinded by the State; in such an event, the State may re-appraise the pro rty and make an offer thereon.
I
STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT-STATE HIGHWAY Page 4 of 4
RW 8-3(Rev.6/95)
In WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.
1
Jon Harrison, Mayor
ATTEST:
Lorrie , 6y er,City Clerk
Reco ded ppr Approved:
`+ STATE OF CALIFORNIA
Smnita Thappa Department of Transportation
Right a Way AIlent
B
DEBORAH C.,MEYERS
By : Project Delivery Manager, Irvine Office
in Tong, a Southern Right of Way Region
R/W praisal ranc
istrict 12 rvine Office
Southe Region
s w
Date:
NO OBLIGATIONS OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
RECORDING REQUESTED BY
When Recorded Mail To
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
464 W.4"STREET,6°h FLOOR
SAN BERNARDINO,CA 92401-1400
Attention C.R. Beckley—MS 865
Space above this line for Recorder's Use
GRANT DEED District County Route.. Kilo Post Number
(CORPORATION) 08 SBd 38 6.15 20152
City of Redlands a corporation organized
and existing under and by virtue of the laws of the State of— Ca I i f orn ia
does hereby GRANT to the STATE OF CALIFOFNIA all that real property in the County of
San Bernardino State of California, described as:
SEE EXHIBIT "Alt
08-SBd-38-KP 6.15-20152(20152-1,2(-,152-2)
Form RW 6-1(C)(Revised 10/99)
~
Numb r
� 20152- -2
The grantor further understands that the present intention of the grantee is to construct and maintain a public
highway on the lands hereby conveyed in fee and the grantor, for hself, its oucoaasom and assigns, hereby waives any
claims for any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason
of the location, construction, landscaping or maintenance of said highway.
(NWITNESS WHEREOF, said corporation haaoauoediteoorporptonemetobehereuntosubacribodandiLa
corporate seal to be affixed hereto, this 20th day of December . 2005 .
/
City of Redlands
A, ... 'It' By at-/ Mayor
ATTEST; B . ______City Clerk
% 1888
Lor' rie Po
'Z F°.�^^�`
[CORPORATE SEAL]
STATE {]FCALIFORNIA PERSONAL ACKNOWLEDGMENT
�~ 5S.
County of �
On this the____day ca 20____.be re me, .
Name,Title orOff imor-EG.."Jane Doe,Notary Public"
personally appeared .
Name(a)nfSigne,(»)
Upersonally known to me
Uproved mmeonthe basis o«satisfactory evidence
to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that-he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their sign&-ture(s)on the instrument the person(s),or the entity
upon behalf ofwhich the pemon(o)acted,executed the instrument.
WITNESS myhand and official seal.
(Signature of Notary Public in and for said State) (for notary seal or stamp)
THIS IS TO CERTIFY, That the 0tate.of California, acting by and through the Department of Transportation
(pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described
imthe within deed and consents tmthe recordation thereof.
IN WITNESS WHEREOF, 0have hereunto set nmy hand this day mf .20�__'
Director of Transportation
BY:
Attorney inFact
Form RVV8-1(C)(Revised 10o9)
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code, on December 20, 2005,
before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City
of Redlands, California, personally appeared Jon Harrison and Lorrie Poyzer I X1 personally
known to me - or - I I proved to me on the basis of satisfactory evidence to be the persons whose
names) are subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacities and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons acted, executed the instrument.
O�- WITNESS my hand and official seal.
A
o
LORRIE POYZER, CITY CLERK
By:
d Teresa "Assista City Clerk
/FO�k Teresa Ballinger, Assista
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for onesclUthemselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
x Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Grant Deed
Date of Document: December 20, 2005
Signer(s) Other Than Named Above: None
EXHIBIT 44A"
PARCEL
That portion of Block 80 of Mentone Tow'=lsite, in the County of San
Bernardino, State of California, as per Map recorded in Book 6, Page 35, of Maps in
the Office of the County Recorder of said County, described as follows:
BEGINNING at a point on the North line of said Block, 26.822 meters (88.00
feet) West of the Northeast corner of said Block; said point also being the Northeast
corner of that certain parcel of land conveyed to Tower Capital Corporation by deed
recorded June 27, 1995 as Instrument No. 19950219259, Official Records of said
County; thence South 89*22'38" East, 1.817 meters along the said North line; thence
South 0'37'22" West, 0.630 meters; thence North 8()'22'38" West, 1.817 meters,
parallel with said North line and South 0.630 meters measured at right angles, to the
East line of said deed; thence North 0'38'09" East, 0.E 30 meters along the said East
line to the POINT OF BEGINNING.
PARCEL
That portion of the West 2.134 meters (7.00 feet', of Agate Avenue, as vacated
by Resolution of the Board of Supervisors of San Bernardino County, California, on
September 15, 1971, in Book 7753, Page 837, Office w"the County Recorder of said
County, adjacent to Block 80, Mentone Townsite, i5-1 the said County, State of
California, as per Map recorded in Book 6, Page 35, of Maps in the Office of the
County Recorder of said County, described as follows:
BEGINNING at the intersection of the easterly prolongation of the North line
of said Block 80 and the East line of said vacation; thence South 0'38'09" West,
1.678 feet along said East fine; thence North 44'44'39" West, 2.388 meters to said
prolongation; thence South 89'22'38" East, 1 .700 meters along said prolongation to
the POINT OF BEGINNING.
The bearings and distances used in the above description are based on the California
Coordinate System of 1983, Zone 5. Multiply distances sh)wn by 1.000088428 to obtain
ground level distances.
This real property description has been prepared by me, or under my direction, in conformance
with the Professional Land Surveyors Act. Pl.LA&4D
SG
ON G.
Signature:
� I
V Professional LandSurveyor0
Date: OCLA� Z-a>�5- CL ca No. 6381 M V
EXP. 12-31-06
OFC
08-SBd-38-KP 6.15-20152 (20152-1, 10152-2)
RECORDING REQUESTED BY
When Recorded Mail To
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
464 W.4"STREET,6'h FLOOR
SAN BERNARDINO,CA 92401-1400
Attention C.R.Beckley-MS 865
Space above this line for Recorder's Use
GRANT DEED
District County Route Kilo Post Number
(CORPORATION) 08 SBd 38 6.15 20152
City of Redlands a corporation organized
and existing under and by virtue of the laws of the State of Cq I i f orn i q
does hereby GRANT to the STATE OF CALIFOFNlA all that real property in the County of
San Bernardino State of California, described as:
SEE EXHIBIT "All
08-SBd-38-KP 6.15-20152(20152-1,2052-2)
Form AW 6-1(C)(Revised 10/99)
Number
20152-1,-2
The grantor further understands that the present intention of the grantee is to construct and maintain a public
highway on the lands hereby conveyed in fee and the grantor, for itself, its :iuccessors and assigns, hereby waives any
claims for any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason
of the location, construction, landscaping or maintenance of said highway.
IN WITNESS WHEREOF, said corporation has caused its corporEite name to be hereunto subscribed and its
corporate seal to be affixed hereto, this 20th day of December _, 2005 .
City of Redlands
RE04-d
A, By Mayor
:�9`o FkPOR4 Nn Harris.�
—
ATTEST: B/ City Clerk6
1888
Lor/rie Po
%.. y
V,
[CORPORATE SEAL)
STATE OF CALIFORNIA PERSONAL ACKNOWLEDGMENT
County of SS.
On this the_day of 20-before me,
Name,Title of Officer-E.G.,"Jane Doe,Notary Public"
personally appeared
Name(s)of Signer(s)
personally known to me
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 to me that_he/she/they executed the
same in—his/her/their authorized capacity(ies), and that by—his/her/their signtture(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.
(Signature of Notary Public in and for said State) (for notary seal or stamp)
THIS IS TO CERTIFY, That the State.of California, acting by and through the Department of Transportation
(pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described
in the within deed and consents to the recordation thereof.
IN WITNESS WHEREOF, I have hereunto set my hand this day of 20—.
Director of Transportation
By:
Attorney in Fact
Form RW 6-1(C)(Revised 10/99)
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code, on December 20, 2005,
before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City
of Redlands, California, personally appeared Jon Harrison and Lorrie Poyzer I Xj personally
known to me - or - I I proved to me on the basis of satisfactory evidence to be the persons whose
names) are subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacities and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons acted, executed the instrument.
RE WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
By:
Ballinger, Assista City Clerk
F o�k�A Teresa Balling
ft�rtrnI WOO (909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
x Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Grant Deed
Date of Document: December 20, 2005
Signer(s) Other Than Named Above: None
EXHIBIT "All
PARCEL
That portion of Block 80 of Mentone Towvisite, in the County of San
Bernardino, State of California, as per Map recorded in Book 6, Page 35, of Maps in
the Office of the County Recorder of said County, described as follows:
BEGINNING at a point on the North line of said Block, 26.822 meters (88.00
feet) West of the Northeast corner of said Block; said point also being the Northeast
corner of that certain parcel of land conveyed to Tower Capital Corporation by deed
recorded June 27, 1995 as Instrument No. 19950219259, Official Records of said
County; thence South 89'22'38" East, 1.817 meters along the said North line; thence
South 0'37"22" West, 0.630 meters; thence North 89'22'38" West, 1.817 meters,
parallel with said North line and South 0.630 meters measured at right angles, to the
East line of said deed, thence North 0'38'09" East, 0.630 meters along the said East
line to the POINT OF BEGINNING.
PARCEL
That portion of the West 2.134 meters (7.00 feet'i of Agate Avenue, as vacated
by Resolution of the Board of Supervisors of San. Bernardino County, California, on
September 1.5, 1971, in Book 7753, Page 837, Office o--the County Recorder of said
County, adjacent to Block 80, Mentone Townsite, it the said County, State of
California, as per Map recorded in Book 6, Page 35, ,)f Maps in the Office of the
County Recorder of said County, described as follows:
BEGINNING at the intersection of the easterly prolongation of the North line
of said Block 80 and the East line of said vacation; thence South 0'38'09" West,
1.678 feet along said East line; thence North 44'44'39" West, 2.388 meters to said
prolongation; thence South 89'22'38" East, 1 .700 meters along said prolongation to
the POINT OF BEGINNING.
The bearings and distances used in the above descriptioTi are based on the California
Coordinate System of 1983, Zone 5. Multiply distances shown by 1.000088428 to obtain
ground level distances.
This real property description has been prepared by me, or under my direction, in conformance
with the Professional Land Surveyors Act. JkL LAA(,o
SG
G.
Signature: 0- .4
V Professional Land Surveyor co 0
Date: (f)e- Ire.- Id zj:��5- aNo. 6381
EXP. 12-31-06
oir C
08-SBd-38-KP 6.15-20152 (20152-1, 10152-2)