HomeMy WebLinkAboutContracts & Agreements_40-2000_CCv0001.pdf 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
APN 0168-362-03 (Portion)
EAST BRANCH EXTENSION
EASEMENT Project CRAFTON HILLS PIPELINE
(CORPORATION TO THE STATE)
Parcel No. SGP-52
N-1P0095
CITY OF REDLANDS,
a corporation, organized and existing under the laws of the State of California
GRANTS to the State of California an EASEMENT for Permanent Access Road Easement
upon, over and across that certain real property in the County of San Bernardino
State of California, identified in the records of the Department of Water Resources as:
DWR Parcel No. Area Estate
SGP-52 48 sq ft Permanent Nonexclusive Access Road
Ir1 ¢f ¢ / y� as described in Exhibit "A" attached.
CITY OF REDLANDS AT'T'EST:
Pat Gilbreath, Mayor orrz Poyze , 1 y Clerk
DATE: May 2. 2000 DAT V.I
May 000
(In the event of any discrepancy between the above identification and the real property described herein, the real
property described will control.)
DWR 620-CP(Rev. 1192) Page 1
FEB 9 2000
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 May 2, 2000,
before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the
City of Redlands, California, personally appeared Pat Gilbreath and Lorrie Poyzer
I Xj personally known to me - or - { } 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.
0%111111111// WITNESS my hand and official seal.
X\\X
NX L.4/tt
0 LORRIE POYZER, CITY CLERK
0 rso*%
By:
....... Beatrice Sanchez, Deputy City Clerk
C (909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneselUthemselves
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, California
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Easement to State of California
Number of Pages : four Date of Document: May 2, 2000
Signer(s) Other Than Named Above: none
EXHIBIT "A"
SGP-52
A portion of land lying in the South half of the Southeast
quarter of Section 14, Township 1 South, Range 2 West, S.B.M., County of San
Bernardino, State of California, according to the Official Plat of said lands
approved by the Surveyor General on file in the District Land office and as
described in Deed to the CITY OF REDLANDS, recorded June 29,1929, in Book 514,
Page 186, Official Records of said County, described as follows:
UNIT A
A perpetual nonexclusive easement and right of way to construct,
reconstruct, operate, maintain, and use an access road over, through, and
across that portion of the South half of the Southeast quarter of said
Section 14 lying Southerly of the existing Southerly edge of pavement of
State Highway 38 (Mill Creek Road) .
Said portion contains 48 square feet, more or less.
Card I Leong
Un No. 5934
\V
fEB 9 2000
-2-
Dated:
7zlis ,
[CORPORATESEALI By�Z'
President
By 3 Secretary
STATE QE CALIFORNIA
County of SS.
4n , 19--, before me,'
personally appeared
personally known to (or proved to me on a basis of satisfactory evidence)to be the on(s) a name(s)is/
are subscribed to the within instrument acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), that b slherltheir signature(s)on the instrument the person(s),car the entity upon
behalf of whi?handial
a executed the instrument.
WITNESS mseal.
(
NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA
(CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE, SECTION 272$1)
This Is To Certify;That dw Stag ofCalifornia,grantee herein,acting by and through the Department ofWater Resources,hereby accepts
for public purposes the real property,or interest therein,described in the within deed and consents to the recordation thereof.
In witness Whereof,i have hereunto sd my hand this day of l9
Director of water Resources
IIy
Attorney in Fact
DWR 620-SP(rev I Page
f Es 9 2volo.
State of California DEPARTMENT OF WATER RESOURCES The Resources Agency
Grantor; City of R dlgnds Project: East Branch Extension
Office of 1unicicaal utilities Phase 1, Reach 1
Past Qfflo BOX= t WR Parcel No,. 5GP-62
Redlandg,-Ca if is
RIGHT OF WAY CONTRACT
Document No,SGP-52 in the form of an Easement teed covering that property particularly described in the
above instrument has been executed and deliverer!to Thomas Lichtenberg, Right of Way Agent,for the Department of
Water Resources of the Stats of California, hereinafterreferred to as STATE.
In consideration of which;and rather considerations hereinafter set forth, it is mutually agreed as follows;
1, a. The parties have set forth herein the whole of their agreement. The perfcrrnanee of this agreement
constitutes the entire consideration for said document and shall relieve STATE of all further obligation or
claims can this account, or on account of the location, grade or construction of the proposed public
improvement.
b. STATE requires Farrel No.SGP-62 for the purpose of the East Branch Extension, Phase 1, Reach 1
Project, a public use for which STATE may exercise the power of eminent domain. GRANTOR is
compelled to sell;and STATE is compelled to acquire sant Parcel(s).
Beath GRANTOR and STATE recognize the expense, time, effort, and risk to both GRANTOR and STATE
in deterrnining the compensation for said Parcel(s) 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. The STATE shall_:
a. Pay the undersigned GRANTOR the sura of$6116.00 plus interest for the property or interest conveyed by
above document(s)when title to said property vests in STATE free and clear of all liens,encumbrances,
assessments,easements, leases(regarded and/or unrecorded), 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 of escrow.
(2)` Covenants, conditions,restrictions and reservations of record, or contained in the above-
referenced document:
( ) Easements or rights of way over said land for public or quasi-public utility or public purposes,
if any.
RWc{Rev.9199}
Page 1 of 4
` 2...
(cont)
' ~ .
'
'
L, Pay all expenses incidental to and necessarily incurred for the conveyance of the realproperty toSTATE,
including but not limited to recording fees. title insurance charges, reconveyance fees, trustee's fees,
forwarding fees and prepayment penalties.
C. Have the authority to deduct and pay from the amount shown on 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 unpaid
nonda|inquentassessments which have become alien atthe close ofescrow.
3. Any or all moneys payable under this oontract, up to and including the total amount ofunpaid principal and interest
on notes(s) secured by mortgage(s) or deed(s) of trust, if any and all other amounts due and payable in
accordance with the terms and conditions of said trust deed(s) or mortgages(s) shall, upon demand(s), be made
payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s)or beneficiary(ies) to
furnish GRANTOR with good and sufficient receipt showing said moneys credited against the indebtedness
secured bysaid nnodgaga(s) ordeed(s) uftrust.
4. Title husaid property shall pass immediately upon close ofescrow. The issuance ofany escrow instructions shall
bethe sole responsibility ofSTATE.
5. GRANTOR warrants that there are no oral or written leases on all or any portion of the property exceeding a
period ofone month. GRANTOR further agrees to protect, defend, indemnify and hold harmless STATE 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 the GRANTOR for a period exceeding one month, except as may be otherwise provided
herein.
6� The undersigned GRANTOR hereby agrees and consents to the dismissal of any eminent domain action 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 of
hazardous substances on, from, orunder the property. GRANTOR further represents and warrants that
GRANTOR has no knowledge of disposal, release, or threatened release of hazardous substances on, from, or
under the property which may have occurred prior to GRANTOR taking title to the property,
There is no pending claim, lawsuit, agency proceeding, or any administrative challenge concerning the presence
oruse ofhazardous substances nnthe 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, barna|o, surnps, impoundments orother containers used to contain hazardous
substances onany part ofthe property. GRANTOR isnot aware ofany such prior installations.
mvvc(Rev. 9/98
Page 2nf«
' .~.
, 7. ' __ '
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 §6901, et seq.), or other federal or STATE law, or
any other substance, chemical, material or waste product whose presence, nature or quality is potentially injurious
topublic health, safety, welfare, the environment orthe property. The term "reasonable inquiry"shall mean a
thorough examination of the property and all records of the property, and any examination that GRANTOR was
legally obligated to conduct as a result of any judicial or administrative order, or federal or STATE 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 /sfound tobecontaminated byahazardous
substance which may require remediation under federal or STATE /aw. STATE may elect to recover its clean-up
costs from those who caused, contributed to, or otherwise are legally responsible for the contamination.
& This contract may be modified, changed or rescinded only by an instrument in writing executed by the parties
hereto.
3. IMMEDIATE POSSESSION: It is agreed that STATE shall have immediate possession and use of the subject
lands effective asofthe date this contract isaccepted bySTATE,
The foregoing representations and warranties shall survive the close of escrow and shall remain in full force and effect for
the duration of this easement and shall accrue for the benefit of STATE and its successors and assigns,
wVVC(oav, Sme)
Page 3of4
. . '
This contract issubject hothe approval ofthe State ofCalifornia.
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN SHALL BE RECOGNIZED.
|NWITNESS WHEREOF, the parties have executed this contract.
GRANTOR: City of Redlands
Pat Gilbreath, Mayor !L o r r�ePio�y ity icller�-'
Date: May 2 2000 Date: Mav 2 2000
'
CONSENT OF TENANTS
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 monies
payable shall be paid busaid GRANTOR as herein set forth,
1N/A NIA
Date: Date:
THE DEPARTMENT OFWATER RESOURCES ofthe State ofCalifornia
RECOMMENDED FOR APPROVAL: APPROVED:
�
Thomas Lichtenberg, Right of WayAgent
Frank L. Conti, Chief
Division of-T_7z6 '~ '^g''^~' ``~x
Allan Davis,Senior Land Agent
Date:
Acting Branch Chief
Real Estate Branch
xvvc0Rev.o/9e
Page 1o/4
SAN BERNARDINO COUNTY
R
CITY OF RE DL ANDS BERNSAN
ARDINO -YUCAIPA
�
SGP - 52 -�T TO
AREA-LOF- - - - - - -I SCALE
PERM. ACCESS ROAD ESMT. I NTE E S T
48 SO. FT.
RIVERSIDE
BE AUAIOh/T
V I C I N I-TY MAP
SGP - 52 SGP -
EXISTING SOUTHERLY UNI T- A 51 N
EDGE OF PAVEMENT .. ... UNIT- A
4.. ...1.
23 �4 . ..
y�•}
S GP - 5 . ..-
�` DSR
UNiT- A'
_ :=r -- � ���;,•-ice .: ._ � - .
.fes
-
_ FEBRUARY 2000
2 0.00' STATE OF CALIFORNIA
THE RESOURCES AGENCY
t t 40.00'.....
DEPARTMENT OF WATER RESOURCES
DIVISION OF LAND AND RIGHT OF WAY