HomeMy WebLinkAboutContracts & Agreements_10-1999_CCv0001.pdf ^ � ^
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^ STATE OFCALIFORNIA DEPARTMENT OFWATER RESOURCES THE RESOURCES AGENCY
California Project'.
. 19_____ Feature:
City of Redlands Parcel No.:
VXO. No 5165-8011
Grantor
RIGHT OFWAY CONTRACT
Document No. SGp-8. inthe form nfoPermanent Exclusive Pipeline Easement Deed covering that
property particularly described in the above instrument has been executed and delivered to William L. Gallup,
Land Agent for the State ofCalifornia.
In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows:
1 a. The parties have herein set forth the whole oftheir agreement. The performance ofthis
agreement constitutes the entire consideration for said document and shall relieve State ofall
further obligations or claims on this account, or on account of the location, grade or construction
ofthe proposed public improvement.
b� State requires Parcel SGP-8for the construction ofthe East Branch Extension ofthe State Water
Project, a public use for which State may exercise the power of eminent domain. Grantor is
compelled tosell, and State iacompelled boacquire said Parcel.
Both Grantor and State recognize the expense, time, effort, and risk to both Grantor and State in
determining the compensation for said Parcel by eminent domain litigation; and the compensation
set forth herein for said Parcel(s) is in compromise and settlement in lieu of such litigation.
2. State shall:
a. Pay the undersigned Grantor the sum of $3.000 for the property or interest conveyed by above
document(s)when title to said property vests in the State free and clear of all liens, encumbrances,
assessments, easements, leases (recorded and/or unre000ded). and taxes, except:
(1) 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 ofescrow.
(2) Covenants, conditions, restrictions and reservations of record, or contained in the above-
referenced Deed,
(3) Easements or rights of way over said land for public or quasi-public utility or public
purposes, |fany,
b� Pay all expenses incidental to and necessarily incurred for the conveyance of the real property to
State,including but not limited to recording fees,title insurance charges, reconveyance fees,trustee's
feea, fomvanjing haee and prepayment penalties, limited to one percent of the compensation due
under this transaction, for any full reconveyance of deed of trust or full release of mortgage.
u� Have the authority to deduct and pay from the amount shown in Paragraph 2g above, any or all
monies payable under this agreement to discharge any obligations which are liens upon the property,
including but not limited tothose arising from judgments, assessments, delinquent taxes for other
than the tax year referred to in Paragraph 2a(l), or debts secured by deeds of trust or mortgages,
except those items listed in Paragraph 2a hereof, and/or to defray any other incidental costs other
than those specified mParagraph 2bhereof.
DVVR8e5(Rev.8/94)Page 1uf3
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3. Title to said property shall pass immediately upon close of escrow. The issuance of any escrow
instructions shall bethe sole responsibility ofState.
4� 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 Grantor further agrees to hold State harmless and reimburse 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, except as may be otherwise provided herein.
5. It is agreed that State shall have immediate possession and use of the subject lands effective as of the
date this contract isaccepted bvState. The Temporary Construction Easement shall remain ineffect for
the subsequent 2.5years from the date this contract imaccepted byState. Compensation aaset forth in
Paragraph 2a henein, shall accrue simple annual interest atthe State's Pooled K8pnay Investment Account
Rate (as computed by the State Controller)from the date of possession until a warrant is issued by the
State Controller tothe escrow account.
O. The undersigned Grantor hereby agrees and consents to the dismissal of any eminent domain action in
the Superior Court wherein the herein described land is included and also waives any and all claims to
any money that may now beondeposit insaid action.
7, To the best of Grantor's knowledge and after reasonable inquiry, Grantor represents and warrants the
following:
During Grantor's ownership of the property, there have been no disposal, releases, or threatened releases
ofhazardous substances on, from, orunder the property. Grantor further represents and warrants that
Grantor has no knowledge of disposal, ro|eane, or threatened release ofhazardous substances on, from,
or under the property which may have occurred prior to Grantor taking title to the property.
There isnopending claim, lawsuit, agency prooeeding, or any administrative challenge concerning the
presence oruse ofhazardous substances onthe property.
Grantor has not used the property for any industrial operations that use hazardous substances. Grantor is
not aware ofany such prior use ofthe property.
Grantor has not installed any underground storage tanks, aboveground storage tanks, bame|s, sumps,
impoundments or other containers used to contain hazardous substances on any part of the property.
Grantor is not aware ufany such prior installations.
For the purposes of this paragraph, the term"hazardous substances" shall mean any substance which at
any time shall be listed as"hazardous" or"toxic" in the regulations implementing the Comprehensive
Environmental Response, Compensation and Liability Act(CERCLA) (42 USC §§6SO1. eteeq ). urother
federal or State law, or any other substance, chemical, material or waste product whose presence, nature
orquality impotentially injurious bopub|iohealth. sahety. vve|fore. propSdyorthe environment. The term
''reamonob|einquiry"ahaUrneonothonoughexarninsdionofthepropertyandoHmaomndsoftheproperty.
and any examination that Grantor was legally obligated to conduct as a result of any judicial or
administrative order, orfederal orState law,
The acquisition price of the property being acquired reflects the fair market value of the property without
the presence ofhazardous substances. |fthe property being acquired iafound tobecontaminated bya
hazardous substance which may require remediation under federal or State law, the State may elect to
recover its clean-up costs from those who caused or contributed to the contamination.
The foregoing representations and warranties shall survive the close ofescrow and shall narna|n in full
force and effect for the duration of this easement and shall accrue for the benefit of the State and its
successors and assigns,
DVVR985(Rev.O/94)Page 2nf3
State's obligation to consummate the purchase of the property is subject to the completion and approval
by the State(which completion will not be unreasonably delayed and approval willnot beunreasonably
withheld)ofmPhase 1 Environmental Assessment Report which concludes that the assessment has
revealed no evidence of any recognized adverse environmental conditions, inclu.ding but not limited to the
presence ofhazardous materials, inconnection with the property, State may, adits own discretion, waive
this condition in writing.
NOOBLIGATION OTHER THAN THOSE SET FORTH HEREIN SHALL BERECOGNIZED.
|NWITNESS WHEREOF, the parties have executed this contract.
GRANTOR
VV|||iam ECunningham Lor ie Poyzer
Mayor City Clerk
Date: February 4, 1999 Date: February 4, 1999
/
CONSENT OFTENANTS
We, the Tenants of land described in this contract and/or said deed under lease with Lessor, whose name
is subscribed to this contract as Grantor, do hereby consent to the execution of said contract and agree that all
money payable shall be paid to said Grantor as herein set forth.
^ ^
Date: Date:
DEPARTMENT OFWATER RESOURCES
RECOMMENDED FOR APPROVAL: APPROVED:
By:r
Division of Land and Right of Way
James P.
� � Agent
Date:
Veronica G. Hicks, Chief tea vvilh#M/
Real Estate Branch "Weis apprG"I. Z of
DVVR9B5(Rev.UA94)Page 8of3
STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor
DEPARTMENT OF WATER RESOURCES
1416 NINTH STREET, P.0, BOX 942836
SACRAMENTO, CA 94236-0001 .43",5
{9161 653-5791
f e ".
Mr. Michael Huffstutler
Chief of Water Resources
City of Redlands
Post Office Box 3005
Redlands, California 92373
Dear Mr. Huffstutler:
Our records show that you are the owner of certain property situated in
San Bernardino County identified as Assessor's Parcel Nos. 168-363-01, and -02. The
State proposes to purchase rights over a portion of these lands, identified by the
Department of Water Resources as Parcel No. SGP-8, to accomplish the goals of the
East Branch Extension of the State Water Project. Accordingly, I have enclosed an
Appraisal Summary Statement, Appraisal Map, Right of Way Contract and a Permanent
Exclusive Pipeline Easement Deed.
Section 7267.2 of the California Government Code and the California Relocation
Assistance and Real Property Acquisition Guidelines require that each property owner
from whom the State of California purchases real property, or an interest therein, be
provided with a summary of the appraisal of the real property or interest therein, as well
as the following information:
1. You are entitled to receive full payment prior to vacating the real property rights
being purchased unless you have heretofore waived such entitlement. You are
not required to pay recording fees, transfer taxes, or the pro rata portion of the
real property taxes which are allocable to any period subsequent to the passage
of fee title or possession.
2. The State will offer to purchase any remnant(s) considered by the State to be an
uneconomical unit(s) which is(are) owned by you and which is(are) contiguous to
the land being conveyed.
3. All buildings, structures, and other improvements affixed to the land described in
the referenced document(s) covering this transaction and owned by the Grantor
herein are being conveyed unless other disposition of these improvements has
been made. The interests to be acquired are 3.19± acres Permanent Exclusive
Pipeline Easement, 0.003± acres Permanent Nonexclusive Access Road
Easement, and 4.38± acres Temporary Exclusive Construction Easement. The
property being considered is shown on the enclosed map.
Mr. Michael Huffstutler
SEP 2 2 ' -
Page Two
4. As full just compensation for the property rights to be acquired, we offer you
$3,000, as shown on the enclosed Right of Way Contract.
The State's offer:
a. Represents the full amount of the appraisal of just compensation for the
property rights to be purchased;
b. Is not less than the approved appraisal of the fair market value of the
property as improved, which is summarized in the enclosed Appraisal
Summary Statement;
C. Disregards any decrease or increase in the fair market value of the real
property rights to be acquired prior to the date of valuation caused by the
public improvement for which the property is to be acquired, or by the
likelihood that the property would be acquired for such public
improvement, other than that due to physical deterioration within the
reasonable control of the owner or occupant; and
d. Does not reflect any consideration of or allowance for any relocation
assistance and payments or other benefits to which you may be entitled.
5. The owner of a business conducted on a property to be acquired, or conducted
on the remaining property which will be affected by the purchase of the required
property, may be entitled to compensation for the loss of goodwill. Entitlement is
contingent upon the Grantor's ability to prove such loss in accordance with the
provisions of Sections 1263.510 and 1263.520 of the C ode of Civil Procedure.
6. If you ultimately elect to reject the State's offer for your property, you are entitled
to have the amount of compensation determined by a court of law in accordance
with the laws of the State of California.
As stated above and included as part of this package, you will find the following
information relating to this proposed acquisition:
• Appraisal Summary Statement
• Right of Way Contract
Appraisal Map of the Proposed Acquisition Area
Permanent Exclusive Pipeline Easement Deed
Cllr. Michael Huffstutler
SEP
Page Three
Please date and sign the Geed exactly as shown in the designated location and
have your signature(s) notarized. Also, data and sign t yg copies of the Right of Allay
Contract and return them with the Deed in the envelope provided. A fully executed
copy of the Contract will be forwarded to you at a later date.
If you have any questions or need additional information, please calf me at
(9 653-6848,or tall free at 1-800-600-4397.
Sincerely,
William L. �11
Associate Land Agent
Enclosures
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
STATE OF CALIFORNIA THE DEPARTMENT OF WATER RESOURCES THE RESOURCES AGENCY
APPRAISAL SUMMARY STATEMENT
Parcel No.: SGP-8
Report No.: Original
Date: February 23, 1998
County: San Bernardino
Division or River: State Water Project, East Branch
Project: East Branch Extension, Phase 1, Reach I
Owner: City of Redlands
Property Location: South side of State Highway 38, West of Bryant Street, Yucaipa
Zone: taper, Space
Present Use: Vacant - Drainage Area
Best Use: Same
Proposed Public Use: Public Water Line
Area and Interest to be Acquired:
3.19± acres Permanent Exclusive Pipeline Easement
0.003± acre Permanent Access Road Easement
4.38± acres Temporary Exclusive Construction Easement
Area of Remainder: 27.25± acres
Market Value of Required Property: APNs 168-363-01, -02, and 168-362-01, -02
Parcel SGP-8
3.19± ac. Perm. Excl. Pipe. Ease. @ $750/ac. x 90% $ 2,153.25
0.003± ac. Perm. Access Road Ease. @ $750/ac. x 90% 5.00 (R)
4.38± ac. Temp. Excl. Const. Ease. @ $750 ac./yr. x 10% x 2.5 yrs. 821.25
Total $2,979.50
Rounded To $3000.00
The market value of the property rights being purchased is based upon a
market value appraisal prepared in accordance with accepted appraisal
procedures. Valuation of your property is based upon an analysis of recent
sales of similar property in this locality. Valuation of the land recognizes all
factors influencing its current value.
Damages to the Remaining Property Due to the State's
Acquisition and Construction are: -0-
Total Payment is: $3,000
This summary of the amount offered as compensation is presented in compliance with
federal and State law and has been derived from a formal appraisal. The value of any
property rights retained by the owner which are not now reflected in the appraisal must
be deducted from the market value shown above.
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
DEPARTMENT OF WATER RESOURCES
Division of Land and Right of Way
Real Estate Branch
1416 9th Street, Room 425
Sacramento, California 95814
SPACE ABOVE THIS LINE FOR RECORDER'S USE
EAST BRANCH EXTENSION
EXCLUSIVE EASEMENT Project CRAFTON HILLS PIPELINE
(CORPORATION TO THE STATE)
Parcel No. SGP-8
N-1P0094
CITY OF REDLANDS , A MUNICIPAL CORPORATION
a corporation, organized and existing under the laws of the State of
hereinafter called GRANTOR, GRANTS to the State of California, its successors and assigns, hereinafter called STATE,
an exclusive easement and right of way for State Water Project purposes over, on, under, across, and above the parcel(s)
of land in the City of , County of San Bernardino
State of California, identified in the records of the Department of Water Resources as:
DWR Parcel No. Area Estate
SGP-8 Unit A 3.19 acres Permanent Exclusive Pipeline Easement
SGP-8 Unit B 161 sq ft Permanent Nonexclusive Access Road
Easement
SGP-8 Unit C 4.38 acres Temporary Exclusive Construction
Easement
described as follows:
(In the event of any discrepancy between the above identification and the real property described herein, the real
property described will control.)
Including, but not limited to, the right to:
DWR 554A-CP (9/29/92) Page 1
A. STATE,s rights in the easement parcel(s) :
(1) STATE is granted a Permanent Exclusive Pipeline Easement over, under,
across, and through the easement parcel(s) as described herein. Said
grant includes the right to construct, lay, operate, patrol, maintain,
repair, reconstruct, modify, alter, enlarge, add to, relay, remove, and
replace a subsurface pipeline or pipelines for transportation of water,
together with all fixtures, communications, data or control facilities,
and any other devices or appurtenances, either above or below the ground
surface, used or useful with respect to said pipeline that STATE may wish
to construct or permit to be constructed.
(2) STATE is further granted the right to discharge water into any and
all streams or natural channels traversed by said pipeline or pipelines,
all the right of access over, ingress, to and egress from and along the
easement parcel(s) and on, over, and across drives and roadways which now
exist or which may hereafter be constructed thereon and the use of which
is reasonably necessary to accomplish STATE's purposes.
(3) It is expressly understood and agreed that GRANTOR(S) , their
successors or assigns, do not have the right to any use of the easement
parcel(s) that is inconsistent with the uses granted to STATE herein.
Inconsistent uses include, but are not limited to, the following:
(a) Erection or construction of buildings or other structures;
(b) Drilling or excavation, or operation of mines in or through the
upper 300 feet of the subsurface,;
(c) Use of explosives;
(d) Planting of trees;
(e) Erection or construction of solid property or field barriers, such
as rock, cinder block or concrete walls;
(f) Erection or construction of cross fencing within said easement
parcel(s) without including vehicular access gates therein, or the
provision of reasonable alternative vehicular access to the STATE.
(4) It is expressly understood and agreed that GRANTOR(S) , their
successors or assigns, do not have the right, without prior receipt of an
Encroachment Permit from STATE, to make any use of the easement parcel(s)
that would encroach on the uses granted to STATE herein. Permitted uses
of the easement parcel(s) requiring an encroachment permit include, but
are not limited to, the following:
(a) Construction of roadways (other than dirt or gravel roads) ,
installation of above ground, surface or subsurface utilities, or
making any other surface or subsurface alterations or improvements;
(b) Planting of vineyards;
(c) Erection or construction of fencing of any kind or nature not
prohibited in Paragraph A(3) above;
-2-
SGP-8
All that portion of the Northwest quarter of the Northeast quarter
and the Northeast quarter of the Northwest quarter of Section 23, Township 1
South, Range 2 West, San Bernardino Meridian, County of San Bernardino,
State of California, according to the official Government Plat, described as
follows:
UNIT A
A perpetual exclusive easement and right of way to construct, lay,
operate, maintain, and from time to time at any time reconstruct, modify,
alter, enlarge, add to, relay, remove and replace one or more pipelines for
transportation of water, and all fixtures, devices, incidents and
appurtenances used or useful in operation of said pipeline or pipelines over,
through, under, and across a strip of land of varying width on each side of
the following described line:
COMMENCING at the found 2-inch iron pipe with a brass cap as shown
on Parcel Map 8817 recorded in Book 101, Pages 58-61 of Parcel Maps, official
Records of said County, accepted as marking the North quarter corner of said
Section 23; said quarter corner bears South 89* 33' 33" West 2460.12 feet from
the found 2-inch pipe with a brass cap, as shown on said Parcel Map, accepted
as marking the Northeast corner of said Section 23;
thence from said point of commencement South 710 231 21" West 1308.92 feet
to the Westerly boundary of the parcel of land conveyed to the City of
Redlands by Corporation Grant Deed, recorded in Book 2834, Page 215,
Official Records of said County and being more specifically described
in the GRANT DEED, recorded in Book 770 of Deeds, Page 339, records
of said County, and to the Point of Beginning;
THENCE FROM SAID POINT OF BEGINNING leaving said Westerly boundary at which
said strip is 60.00 feet in width lying 35.00 feet on the Northerly
side and lying 25.00 feet on the Southerly side of said line North
83* 57' 07" East 156.07 feet to the point at which the Southerly side
of said strip widens from 25.00 feet to 30.00 feet wide;
thence continuing North 830 571 07" East 308.34 feet to the point at which
the Northerly side of said strip narrows from 35.00 feet to 25.00
feet wide;
thence along a curve to the right, having a radius of 800.00 feet, through
a central angle of 040 33' 13", an arc length of 63.58 feet;
thence North 880 30' 20" East 78.08 feet to the point at which the
Southerly side of said strip narrows from 30.00 feet to 25.00
feet wide;
thence North 880 30' 20" East 805.88 feet to the noint at which the
Northerly side of said strip widens from 25.00 feet to 30.00 feet
wide;
thence along a curve to the right, having a radius of 700.00 feet, through
a central angle of 080 35' 29", an arc length of 104.96 feet to the
point hereinafter designated Point "A";
thence continuing along said curve to the right, having a radius of 700.00
feet, through a central angle of 10* 47' 50", an arc length of 131.91
feet;
thence South 720 06' 21" East 292.60 feet;
thence along said curve to the left, having a radius of 700.00 feet, through
a central angle of 250 20' 25", an arc length of 309.59 feet to the
-4-
together with the equipment used in the digging of trenches and other
earthwork pertinent to said pipeline, the temporary storage of spoil or
excavated material during the period of the laying, relaying, installing, and
removing of said pipeline and related construction work, and any other
operations necessary and appurtenant to the construction of said pipeline,
over, through, and across the following described parcel of land bounded
Northerly by the Southerly sideline of the hereinabove described UNIT A and
bounded Westerly, Southerly, and Easterly by the following described line:
COMMENCING at the Point of Beginning of the hereinabove described
UNIT A;
thence from said point of commencement South 000 50, 33" West 25.18 feet along
the Westerly boundary of said parcel described in Book 770 of Deeds, Page
331, to the Southwest corner of said UNIT A and the Point of
Beginning;
THENCE FROM SAID POINT OF BEGINNING along the Westerly boundary of said
Parcel, South 000 50' 33" West 80.58 feet;
thence leaving said Westerly boundary the following 6 courses:
(1) North 830 57' 07" East 477.10 feet;
(2) Along a curve to the right, having a radius of 695.00 feet, through
a central angle of 040 33' 13", an arc length of 55.24 feet;
(3) North 880 30' 20" East 883.96 feet;
(4) South 010 29, 40" East 10.00 feet;
(5) Along a nontangent curve to the right, the center of which bears
radially South 010 29' 40" East, having a radius of 585.00 feet,
through a central angle of 190 23' 1811, an arc length of
197.96 feet; and
(6) South 720 06, 21" East 222.46 feet to the Southerly boundary of
said parcel described in Book 770 of Deeds, Page 339;
thence along said Southerly boundary South 860 44, 49" East 660.98 feet
to the Southeasterly corner of said parcel;
thence along the Easterly boundary of said parcel being the East line of
the Northwest quarter of the Northeast quarter of said Section 23
North 000 46' 00" West 49.68 feet to the Southeasterly corner of the
hereinabove described UNIT A and the end of the herein described line.
Containing 4.38 acres, more or less.
Bearings and distances used in the above description are based on the
California Coordinate System, Zone 5, NAD 1983.
if
r
No. 6884
Exp, 9-30-99
Or �f
-6-
A t- 4(inck
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAID 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 Com, on February 4;
1999, before , Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared William E. Cunningham and Lorne Poyzer
{ Xj personally known o me - or - I I proved to rare on the basis of satisfactory evidence to
be the persons whose yes) are subscribed to the within instrument and acknowledged to me that
they executed the same is 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.
WITNESS my hand and official seal.
tx1' pf LG PC)Y EI2, CI
CLERK
U1888tis
By.
* Beatrice Sanchez, Deputy City Clerk
(9{1979 -7531
04
t�!lttlllliltil�
CAPACITY CLAIMED BY SIGNERS
Individual{s} signing for oneselUthemselves
Corporate rIs
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
Other
"Titles ; Mayor and City Clerk
Entity Represented: City of Redlands, California
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Tye ofDocument: Exclusive Easement
Number of eight Bate of Document: February 4, 1999
Signer{s} Other Than Named Above. none