HomeMy WebLinkAboutContracts & Agreements_233-2013_CCv0001.pdf AGREEMENT FORPURCHASE AND SALE OFAN EASEMENT
This agreement for purchase and sale of an casement ("Agreement") is made and entered
into this I%Lday of
Wo BET
M-1, 2013("Effective Date") by and between William E. Miles
and Marion S. Miles, trustees of the Miles Family Trust, dated May 5. 2000, as to 50% interest
and Betty Joan Schlaberg, Trustee of the Warren C. Schlaberg Exemption Trust under the
Warren C. Schlaberg and Betty Joan Schlaberg 2000 Revocable trust, as to 50% interest
("Grantor")and the City of Redlands, a municipal corporation ("Grantee"). Grantor and Grantee
are each sometimes individually referred to herein as a "Party" and collectively as the "Parties."
RECITALS
A. Grantor owns certain real property located at 875 Alabama St., Redlands,
California,bearing County of San Bernardino Assessor's Parcel No. 0169-3)62-13 (the"Property").
B. Grantee desires to purchase a permanent easement in a portion of the Property
and Grantor desires to sell and convey an easement in a portion of the Property as described in
Exhibit "A"anddepicted in Exhibit "B," both of which are attached hereto(the"Easement").
C. The Parties desire by this Agreement to provide the terms and conditions for the
purchase and sale of the Easement.
In consideration of the mutual promises contained herein, the Parties agree as follows:
AGREEMENT
1. PURCHASE
Grantee shall buy and Grantor shall sell and convey the Easement, for the
purchase price and upon the terms and conditions hereinafter set forth.
2. ESCROW
Within ten (10) days of the Effective Date of this Agreement Grantee shall open
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an escrow (the "Escrow") at a mutually acceptable office of Commonwealth Land Title
Company (the "Escrow Holder") for the purpose of consummating the purchase and sale of the
Easement. The Parties shall execute and deliver to Escrow Holder such escrow instructions
prepared by Escrow Holder as may be required to consummate this transaction. Any such
instructions shall not conflict with, amend or supersede any provision of this Agreement. If there
is any inconsistency between such instructions and this Agreement, this Agreement shall control
unless the Parties agree in writing otherwise. The Escrow Instructions shall include the following
terms and conditions of sale:
2.1 Purchase Price.
The total purchase price for the Easement shall be the sum of Sixty-Seven Thousand and
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Fifteen Dollars ($67.015) (the "Purchase Price"), which shall be paid by grantee to grantor
through Escrow Holder in cash at Close of Escrow.
2.2 Close of Escrow.
Escrow shall close on or before sixty (60) days following the Effective Date of
this Agreement (the "Close of Escrow"). If the Escrow is not in a condition to close by the
Close of Escrow. any Party who is not then in default may, in writing, demand the return of
its money and/or documents. Thereupon, subject to the provisions of Section 3 hereof. all
obligations and liabilities of the Parties under this Agreement shall cease and terminate. If
no such demand is made, the City Manager of Grantee may, by written instrument to
Escrow, authorize an extension of the Escrow.Escrow shall be closed as soon as possible.
2.3 'Condition of Title to the Easement.
Grantor shall convey title to the Easement to Grantee as evidenced by a
CLTA Standard Form Policy or Binder of Title Insurance ("Title Policy") issued by a title
insurance company to be selected by Grantee in an amount equal to the 'Purchase Price. The
Title Policy shall show as exceptions with respect to the Easement only matters approved in
writing by Grantee. Any exceptions to title representing monetary liens or encumbrances (other
than for current installments of taxes and assessments) are hereby disapproved by Grantee,
and Escrow Holder is hereby authorized and instructed to cause the reconveyance, partial
reconveyance or subordination, as the case may be and as approved by grantor, of any such
monetary exceptions to Grantee's title to the Easement at or prior to the Close of Escrow.
2.4 Escrow and Closing Costs.
Grantee shall pay the cost of the Title Policy, all Escrow fees (including
reconveyance fees, trustee's fees or forwarding fees for any partial reconveyance or
subordination of a deed of trust or mortgage, and all recording costs incurred herein. All Parties
acknowledge that grantee is exempt from payment of documentary transfer taxes.
2.5 Investigations.
Prior to the Close of Escrow, Grantee may, at its option, conduct, at Grantee's
expense. any and all investigations, inspections, surveys and tests of the Property including,
without limitation, soils, groundwater, wells, percolation, geology, environmental, drainage,
engineering and utilities investigations, inspections, surveys and tests, which Grantee
determines, in its sole discretion, are required to ascertain the suitability of the Easement for
Grantee's intended use. If Grantee determines that the Easement is not suitable for its intended
use, Grantee may terminate this Agreement as provided in Section 2.2 hereof. Grantor hereby
grants to Grantee, and Grantee's employees, Z1-
representatives, agents and independent contractors,
a license to enter the Property for purposes of conducting such investigations, inspections,
surveys and tests. Grantee hereby indemnifies, defends and holds grantor harmless from and
against any and all loss, cost, damage, expense or liability (including attorneys' fees) arising out
of the inspection, investigation, surveying and/or testing activities on or about the Property by
Grantee or Grantee's employees, representatives, agents and independent contractors. Grantee
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shall repair any damage to the Property resulting from such investigations,inspections, surveys and
tests conducted by Grantee or Grantee's employees, representatives, agents or independent
contractors. Grantee's approval of any of such investigations, inspections, surveys or tests shall not
alter or diminish Grantor's representations or warranties under this Agreement, and Grantor
acknowledges and agrees that Grantee is relying upon Grantor's representations andwarranties made
herein.unless such representation or warranty is specifically waived in whole or in part by Grantor.
2.6 Deposit of Funds and Documents
A. Prior to Close of Escrow, Grantee shall deposit into Escrow (i) all
Escrow and Closing Costs as described above, (ii) the Purchase Price to be paid to grantor
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through Escrow, and (iii) such other documentation as is necessary to close Escrow in
conformance herewith.
B. Prior to the Close of Escrow, Grantor shall deposit into Escrow (i)
the properly executed Grant of Easement Deed conveying the Easement, and a properly executed
Temporary Construction Easement, copies of which is attached to this Agreement as Exhibit
*'C," and (ii) such other documents and sums, if any, as are necessary to close Escrow in
conformance herewith.
2.7 Grantee's Conditions Precedent to Close of Escrow
The Close of Escrow is subject to the following conditions:
A. All representations and warranties of grantor set forth in this
Agreement shall be true and correct as of the Close of Escrow: and
B. Grantor shall timely perform all obligations required by the terms
of this Agreement to be performed by it.
2.8 Grantor's Conditions Precedent to the Close of Escrow
For the benefit of Grantor, the Close of Escrow shall be conditioned upon the
timely performance by Grantee of all obligations required of Grantee by the terms of this
Agreement.
3. POSSESSION OF EASEMENT.,
Grantee may take possession of the Easement and begin construction of the works of improvement
thereon as of the Effective Date of this Agreement. prior to the Close of Escrow; if Escrow should
not close for any reason, or under the conditions specified in Section 22 or in Section 7 hereof
Grantee shall have the right to continue in possession and construct the works of
improvement, and the purchase price and terms shall be determined by agreement of the
Parties, or absent an agreement.by a form of arbitration agreed to by the Parties,or ifthey cannot so
agree,then Grantee may in its sole discretion,initiate an action in eminent domain in which the issue
will beto determine the amount ofcompensation to bepaid.
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4. REPRESENTATIONS AND WARRANTIES OF GRANTOR
Grantor makes the following representations and warranties, each of
which shall survive the Close of Escrow:
A. Grantor holds title to an indefeasible estate in fee simple in the Property.
Grantor is the sole owner of the Property and has good, absolute and marketable title to the
Property, subject to the exceptions of record approved or deemed approved hereunder by
Grantee, and has full power and authority to own and sell and convey the Easement over, under
and/or through the Property to Grantee and to enter into and perform its obligations pursuant to
this Agreement;
B. The execution and delivery of this Agreement by Grantor, Grantor's
performance hereunder, and the consummation of this transaction will not constitute a violation
of any order or decree or result in the breach of any contract or agreement to which Grantor is a
Party, or by which Grantor is bound;
C. Grantor shall not enter into any agreements or undertake any new
obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect
the Property writhout the prior written consent of Grantee;
D. To Grantor's actual knowledge, no litigation and no governmental
administrative or regulatory act or proceeding regarding the environmental, health and safety
aspects of the Property is pending. proposed or threatened;
E. According to Grantor's actual knowledge, the Property is not in violation
of any federal, state or local statute, regulation or ordinance relating to industrial hygiene or to
environmental conditions on, under or about the Property, including. but not limited to, soil and
groundwater conditions underlying the Property which could affect the Easement or its use, and
neither Grantor nor any other person or predecessor in interest has used, generated,
manufactured, stored or disposed of on, under or about the Property, or transported to or from the
Property, any flammable materials, explosives, radioactive materials, hazardous or contaminated
materials or substances, toxic or noxious materials, substances or related materials or substances
("Hazardous Materials"). For the purpose of this Section, Hazardous Materials shall include,
without limitation, substances defined as "hazardous substances," "hazardous materials," "toxic
substances," "hazardous wastes," "extremely hazardous wastes," or "restricted hazardous
wastes," or stated to be known to cause cancer or reproductive toxicity, under the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended, 42 U.S.C. sections 9601, et seq; the Hazardous Materials Transportation Act, 49
U.S.C. sections 1801, et seq; the Resource Conservation and Recovery Act, 42 U.S.C. sections
6901, et seq-, the Federal Water Pollution Control Act, 3') U.S.C. sections 1317, et seq; sections
25115, 25117, 25122.7, 25140, 25249.5. 25249.8, 25281. 25316 or 1.5501 of the California
Health and Safety Code; or any substances so defined or stated in any of the regulations adopted
and publications promulgated pursuant to said laws as they may be amended from time to time.:
F. In the event Grantee discovers pre-existing Hazardous Materials,
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contaminated soil and/or water in, on or under the Property prior to the Close of Escrow, Grantee
shall promptly notify Grantor in writing of such discovery. Grantor may within ten (10) days
after receipt of such notice, elect to terminate the Escrow and this Agreement by giving written
notice to Escrow Holder and Grantee, and any money and/or documents shall promptly be
returned by Escrow Holder to the party or parties who deposited them in the Escrow. In the event
Grantor does not elect to terminate the Escrow and this Agreement following receipt of such
notice, or if Hazardous Materials are discovered in, on or under the Easement aft.er the Close of
Escrow and have not been stored, released or otherwise placed in, on or under the Easement or
the Property by Grantee or its employees, representatives, agents and/or independent
contractors. Grantor shall be solely responsible for the removal and disposal of any and all
such Hazardous Materials, contaminated soil and/or water,
G. In the event Grantor fails to remove said Hazardous Materials,
contaminated soil and/or water. Grantee or its designee shall have the right to remove and
dispose of said Hazardous Materials, contaminated soil and/or water at Grantor's sole cost and
expense, but only after written notice to Grantor from Grantee and a reasonable opportunity for
Grantor to cure the problem. Grantor shall immediately reimburse Grantee for costs and
expenses incurred by Grantee for the removal and disposal of any Hazardous Materials,
contaminated soil and/or water upon receipt of a bill or invoices therefore with reasonable
supporting documentation of such costs and expenses. Grantor shall defend, indemnify and hold
Grantee, its elected officials, officers, employees, consultants and agents, harmless from any and
all liability, penalties, charges and' r claims of any costs, fines. /0 1
- , kind whatsoever related to the
existence and removal of any Hazardous Materials, contaminated soil and/or water, except to the
extent any such Hazardous Materials have been stored, released or otherwise placed in, on or
under the Easement or the Property by Grantee or its employees, representatives, agents and/or
independent contractors; and
H. Grantor has and shall have paid before Close of Escrow any and all
current and past due taxes, assessments,
penalties and interest levied and assessed against the
Property. If not paid prior to Close of Escrow, Grantor hereby authorizes Escrow Holder to
disburse to the taxing authority from funds otherwise due to Grantor an amount sufficient to
discharge said taxes, assessments, penalties and interest. Unless the Easement is assessed
separately, Grantor shall also keep current year by year, all taxes, assessments, penalties and
interest levied and assessed against the Easement and the larger Property of which it is a part.
Any of the forgoing representations or warranties made "to Grantor's actual
knowledge" means to the present.
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actual knowledge of the named individuals comprising
Grantor, -without any duty of inquiry or investigation, and without the imputation of knowledge
of any other person to any of the parties comprising Seller. These representations and warranties
shall survive the Close of Escrow.
5. REPRESENTATIONS AND WARRANTIES OF GRANTEE.
A. Grantee shall repair and restore any improvements or land (other than the
Easement and any improvements located thereon) belonging to Grantor that may be damaged by
Grantee or Grantee's contractor during construction of the works of improvement for which the
Easement is conveyed, or, at Grantee's option.
. pay to Grantor the market value of such
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improvements-
,provided that this Section shall not be construed to require Grantee to pay for the use
for which the Easement is intended.
B. Grantee shall save harmless and indemnify Grantor against any and all
c I aims,demands, suits,judgments, expenses and costs on account of injury to,or death of persons,
or loss of, or damage to, property of others incurred during or proximately caused by acts
or omissions of Grantee or Grantee's contractor in the performance of any work by Grantee or
Grantee's contractorto construct the works ofimprovement forwhich the Easement is conveyed.
C. Grantee shall defend and indemnify Grantor against any and all claims,
demands, suits,
judgments, expenses and costs on account of injury to, or death of, persons, or
loss of, or damage to, property of others arising from or relating to the ownership or use of the
Easement by Grantee, and its employees, agents. representatives, invitees, contractors.
These obligations of Grantee under this paragraph shall survive the Close of Escrow.
:n paragraph
6. ACKNOWLEDGEMENT OF FULL BENEFITS AND RELEASE
A. By execution of this Agreement, Grantor, on behalf of itself and its
respective successors and assigns, hereby acknowledges that this Agreement provides full
payment for the acquisition of the Easement by Grantee, and Grantor hereby expressly and
unconditionally waives any and all claims for damages, relocation assistance benefits, severance
damages, interest, loss of goodwill, claims for inverse condemnation or unreasonable pre-
condemnation conduct, or any other compensation or benefits, other than as already expressly
provided for in this Agreement, it being understood that this is a complete and full settlement of
all acquisition claims, liabilities or benefits of any type or nature whatsoever relating to or in
connection with Grantee's acquisition of the Easement
B. This Agreement arose out of Grantee's efforts to acquire the Easement
through its municipal authority. The Parties agree that this Agreement is a settlement of claims in
order to avoid litigation and shall not in any manner be construed as an admission of the fair
market value of the Easement or of the Property or of liability by any Party to this Agreement
Grantor, on behalf of itself and its successors and assigns, hereby fully releases Grantee, its
successors, agents, representatives, and assigns, and all other persons and associations, known or
unknown, from all claims and causes of action by reason of any damage which has been
sustained, or may be sustained, as a result of Grantee's efforts to acquire the Easement or to
construct works of improvement thereon or any preliminary steps thereto, except as set forth in
Section S above. Grantor further releases and agrees to hold Grantee harmless from any and all
claims by reason of any leasehold interest in the Property. This release shall survive the Close of
Escrow.
C. Grantor expressly- waives the rights afforded to Grantor under Civil
Code section 1542-which provides that:
A general release does not extend to claims which the creditor
does not know or suspect to exist in his or her favor at the
time of executing the release, which if known by him or her
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must have materially affected his or her settlement with the debtor.
7. REMEDIES
If Grantor defaults under this Agreement, then Grantee may, at Grantee's option, terminate the
Escrow or initiate an action for specific performance of this Agreement, or pursue any other
rights or remedies that Grantee may have at law or in equity. If Grantee defaults under this
Agreement. then Grantor may, at Grantor's option, terminate the Escrow or pursue any rights or
remedies that Grantor may have at law or in equity.
8. EXCHANGE
The Parties to this Agreement acknowledge that either party may desire to structure the sale
and/or the purchase of the Easement as an exchange for like-kind property pursuant to Section
1031 of the Internal Revenue Code 1986, as amended, in order to defer recognition of income
from the disposition of the Easement and other properties. The parties agree to reasonably
cooperate with each other to accomplish such exchange(s) and each party hereby agrees that any
and all costs associated with said exchange shall be borne solely by the exchanging party and
shall in no way be attributable to the non-exchanging party. In no event shall the non-exchanging
party be required to take title to the exchanged property(ies) to effectuate the tax deferred
exchange contemplated by this Section.
9. MISCELLANEOUS
A. Notice. Any notice to be given or other document or documents to be
delivered to either Party by the other hereunder may be delivered in person or may be deposited
in the United States Mail in the State of California, duly registered or certified, with postage
prepaid, and addressed as follows:
Grantor: William E. Miles and Marion S. Miles, trustees of the
Miles Family Trust, dated May 5. 2000, as to 50% interest
and Betty Joan Schlaberg, Trustee of the Warren C.
Schlaberg Exemption Trust under the Warren C. Schlaberg
and Betty Joan Schlaberg 2000 Revocable trust, as to 50%
interest
Grantee: City of Redlands
Attn: Chris Diggs
Deputy MUED Director
PO Box 3005
Redlands, Ca 92')7')
Any Party hereto may, from time to time, by written notice to the other Party,
designate a different address, which shall be substituted for the one specified above. Any
notice or other documents sent by reoistered or certified mail as certified shall be deemed to
have been effectively served or delivered at the expiration of twenty-four (24) hours following
the deposit of said notice or other documents in the United States mail.
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B. Time of Essence. Time is the essence with respect to each and every
provision hereof.
C. Assignment. Neither this Agreement, nor any interest herein, shall be
assignable by any Party without prior written consent of the other Party.
D. Governing Law. All questions with respect to this agreement, and the
rights and liabilities of the Parties hereto, shall be governed by and construed in accordance with
the laws of the State of California.
E. Inurement. This Agreement shall inure to the benefit of, and shall be
binding upon, the assigns, successors in interest. personal representative. estates, heirs and
legates of the Parties.
F. Attorneys' Fees. If any action, arbitration or other proceeding is
brought for the interpretation or enforcement of this Agreement, or because of any alleged
dispute, breach, default or misinterpretation in connection with the Agreement, the successful or
prevailing Party shall be entitled to recover actual attorneys' fees and other costs it incurs in that
action or proceeding, in addition to any other relief to which it may be entitled, including fees for
any in-house counsel of the Parties.
G. Entire agreement. This agreement contains the entire agreement of the
Parties, and supersedes any prior written or oral agreements between them concerning the subject
matter contained herein. There are no representations, agreements, or understandings, oral or
written, between the Parties relating to the subject matter contained in this Agreement which are
not fully expressed herein.
H. Additional Documents. The Parties agree to execute any and all
additional documents and instruments necessary to carry out the terms of this Agreement.
1. No Admissions. This Agreement is a compromise and settlement of
outstanding claims between the Parties relating to Grantee's acquisition of the Easement and
shall never be treated as an admission by either Party to the Agreement for any purpose in any
judicial, arbitration or administrative proceeding between the Parties. This paragraph shall not
apply to any claim that one may have against the other for breach of any provision or covenant of
the Agreement.
J. No Merl4er. All representations, warranties, acknowledgements.
releases, covenants and obligations contained in this Agreement shall survive delivery and
recordation of the permanent easement.
K. Broker. Grantor and Grantee each represent and warrant to the
other that no broker, aaent or finder has been engaged by it in connection with the transaction
contemplated by this agreement and that all negotiations relative to these instructions and this
transaction have been carried out by such Party directly with the other Party without the
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intervention of any person in such a manner as to give rise to any valid claim against either of the
Parties for the broker's commission, finder's fee or other like payment. Each of the Parties shall
indemnify and defend the other Party and hold it harmless from any and all loss, damage,
liability or expense, including costs and reasonable attorneys' fees, which the other Party may
incur or sustain by reason of or in connection with any misrepresentation or breach of warranty
by the indemnifying Party with respect to the foregoing.
L. Counterparts. This Agreement may be signed in counterpart or
duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed
original for all purposes.
EXECUTED on the date or dates set forth below.
Grantor:
William E. Miles and Marion S. Miles,trustees
of the Miles Family Trust,dated Mkv 5, 2000, as
to 50% interest and Betty Joan Schlaberg,
Trustee of the Warren C. Schlaberg Exemption
Trust under the Warren C. Schlaberg and Betty
Joan Schlaberg 2000 Revocable trust,as to 50%
interest
Dated:
By: .
William E. Miles,Trustee
Dated:— /UV---!;Z/:3 By:
Marion S. Miles;Trust de
Dated:—/ Bv:
fa -
�
MBe�Oan�hI�berg, Trustee
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Grantee:
City of Redlands
Dated:
h�` By:
Pete Aguilar, Mayor
Attest:
City Clerk
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EXHIBIT"A"
Legal Description
Roadway Easement
APN 0169-362-13
That portion of Lot 81 Block 1, Henry L. Williams Tract, in the City of Redlands,County of San
Bernardino, State of California,per map recorded in Book 11, Page 17 of Maps in the office of
the County Recorder of said County,lying easterly and northeasterly of the following described
line:
Commencing at the northerly terminus of that certain course cited as having a bearing of South
0'25'13"West. and a length of 115.28 feet in Parcel I of a Grant Deed recorded January 21,
1966 in Book 6556,page 820 of Official Records in the office of the County Recorder of said
county; thence along the westerly prolongation of the most northerly line of said Parcel 1,North
81022'32"West,5.06 feet to the TRUE POINT OF BEGINNING and to a line that is parallel
with and 55.00 feet west of the improvement centerline of Alabama Street as shown on Parcel
Map No. 3683 per map recorded in Book 38,Pages 66 and 67 of Parcel Maps in the office of
said County Recorder; thence along said parallel line,North 0'25'13"East, 128.14 feet.- thence
North 45'16'41"West,29.23 feet to southerly line of Industrial Park Avenue as described in a
Grant Deed recorded August 24, 1960 in Book 5220,page 269 of said Official Re-cords.
EXCEPT THEREFROM that portion conveyed to the State of California described in a Grant
Deed recorded August 24, 1960 in Book 5220, page 269 of said Official Records.
The above-described parcel of land contains approximately 1,882 square feet.
As more particularly shown on Exhibit"B"attached hereto and made a part hereof.
This real property description has been prepared by me or under my direction in conformance
with the Professional Land Surveyor's Act.
1$*P1 1AAf,0
TERI
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Teri Kahlen,PLS 8746 Date 746
OPCAL%�
3 !
` 50.00' _I
i
4z
i
N45' 16'4, "W
29.23`
G.1
APN 0169-362-13 �
co
x!3.00' i
HENRY L. WILLIAMS TRACT Ln 55.00'
QQ
T.P.0.B. Z
LOT 8, BLOCK 1 Na 1*22`32"W �
5.{}b` P.J.C.
M. B. 11 f 17 50.00'
ul
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op KAHILEN
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1NIDICATES ROADWAY EASEMENT TO BE ACQUIRED � rt OF Ci���4
AREA = 1,882 S
EXHIBIT
o »cy rs REDLANDS BLVD, AND
C. C7
ALABAMA ST. I > PROJECT SHEE T: i 01� i
APN 0160-302-33 DATE:6/6/13
CITY OF REDLANDS DRAWN D
SKETCH TO ACCOMPANY Ei1: Ti S:
COUNTY SAN BERNARE�!I~�O
LEGAL DESCRIPTION STATE Or CALIFORNIASCALE:V'=50,
EXRIBT "C'l
Grant of Easement Deed
and
Temporary Construction Easement
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY CLERK'S OFFICE
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS,CA 92373
[Space above line for Recorder's use only]
[Exempt from recording fee per to Gov.Code § 6103]
[Exempt from Documentary Transfer Tax per Rev. &Tax.Code §11922]
[Note: Tax Statement Mailing Do Not Change]
APN: 0169-362-13
GRANT OF ROADWAY EASEMENT
This Grant of Roadway Easement is entered into by and between William E. Miles and Marion
S. Miles, trustees of the Miles Family Trust, dated May 5, 2000, as to 50% interest and Betty
Joan Schlaberg, Trustee of the Warren C. Schlaberg7 Exemption Trust under the Warren C.
Schlaberg and Betty Joan Schlaberg 2000 Revocable trust, as to 50% interest and the City of
Redlands, a Municipal Corporation (herein "City") duly organized in accordance with the laws
of the State of California.
For a valuable consideration, the receipt of which is hereby acknowledged, William E. Miles and
Marion S. Miles, trustees of the Miles Family Trust, dated May 5, 2000, as to 50% interest and
Betty Joan Schlaberg, Trustee of the Warren C. Schlaberg Exemption Trust under the Warren C.
Schlaberg and Betty Joan Schlaberg 2000 Revocable trust, as to 50% interest hereby grants to
City an irrevocable roadway easement over that certain real property ("'Easement Area")
described on Exhibit"A" and shown on Exhibit "B" attached hereto, for the following purposes:
A. Right-of way at any time, or from time to time, to construct. maintain, operate, replace,
L_ -
and renew the roadway described on Exhibit "A" and shown on Exhibit "B", and
appurtenant structures in, upon and across said Easement Area or any part thereof: and
B. Ingress and egress over the Easement Area for vehicular or pedestrian traffic.
In
William E. Miles and Marion S. Miles, trustees of the Miles Family Trust, dated May 5, 2000, as
to 50% interest and Betty Joan Schlaberg, Trustee of the Warren C. Schlaberg Exemption Trust
under the Warren C. Schlaberg and Betty Joan Schlaberg 2000 Revocable trust, as to 50%
interest
Dated: By:
William E. Miles, Trustee
Dated: By:
Marion S. Miles, Trustee
Dated: By:
Betty Joan Schlaberg,Trustee
STATE OF CALIFORNIA
ss.
COUNTY OF
On 2013, before me, a Notary Public,
personally appeared who 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 signature(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 the State of California that the
foregoing paragraph is true and correct.
foregoing
my hand and official seal.
Signature (Seal)
STATE OF CALIFORNIA
ss.
COUNTY OF
On 2013, before me, a Notary Public,
personally appeared who proved to me on the basis of
satisfactory evidence to be the person(s) whose names) 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 signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted executed the instrument.
I certifv under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Z-1 Z1-
WITNESS my hand and official seal.
Signature (Seal)
41
STATE OF CALIFORNIA
ss.
COUNTY OF
On 2013, before me, a Notary Public,
personally appeared who proved to me on the basis of
satisfactory evidence to be the person(s) whose names) 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 signature(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 the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the roadway easement deed dated
, from William E. Miles and Marion S. Miles, trustees of the Miles Family
Trust, dated May 5, 2000, as to 50% interest and Betty Joan Schlaberg, Trustee of the Warren C.
Schlaberg Exemption Trust under the Warren C. Schlabere, and Betty Joan Schlabero, 2000
4n Z1-
Revocable trust,as to 50% interest, to the City of Redlands, a Municipal Corporation, is hereby
accepted by the undersigned officer or agent on behalf of the City Council of the City of
Redlands pursuant to the authority conferred by Resolution No. 6756 of the City Council of the
City of Redlands adopted on September 3, 2008, and the grantee consents to recordation thereof
by its duly authorized officer.
DATED: 20—
BY:
N. Enrique Martinez, City Manager
EXHIBIT "A"
Legal Description
Roadway Easement
APN 0169-362-13
That portion of Lot 8,Block 1, Henry L.Williams Tract, in the City of Redlands,County of San
Bernardino,State of California, per map recorded in Book 11, Page 17 of Maps in the office of
the County Recorder of said County,lying easterly and northeasterly of the following described
line:
Commencing at the northerly terminus of that certain course cited as having a bearing of South
0'25'13"West, and a length of 115.28 feet in Parcel I of a Grant Deed recorded January 21,
1966 in Book 6556,page 820 of Official Records in the office of the County Recorder of said
county; thence along the westerly prolongation of the most northerly line of said Parcel 1,North
81°22'32"West,5.06 feet to the TRUE POINT OF BEGINNING and to a line that is parallel
with and 55.00 feet west of the improvement centerline of Alabama Street as shown on Parcel
Map No. 3683 per map recorded in Book 38,Pages 66 and 67 of Parcel Maps in the office of
said County Recorder; thence along said parallel line,North 0'25'13" East, 128.14 feet; thence
North 45016'41"West,29.23 feet to southerly line of Industrial Park Avenue as described in a
Grant Deed recorded August 24, 1960 in Book 5220,page 269 of said Official Records.
EXCEPT THEREFROM that portion conveyed to the State of California described in a Grant
Deed recorded August 24, 1960 in Book 5220, page 269 of said Official Records.
The above-described parcel of land contains approximately 1,882 square feet.
As more particularly shown on Exhibit"B"attached hereto and made a part hereof.
This real property description has been prepared by me or under my direction in conforniarice
with the Professional Land Surveyor's Act.
'a
TER!
:z/_ KAHLEN
Teri Kahlen,PLS 8746 Date NO.11746
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1 50.00`
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N45° 16;4' „W
29.23' I
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APN 0169-362-13
43.00'
I � I
HENRY L. r WILLIAMS' TRACT � 55-00'
T.P.J.B. z
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LOT 8, BLOCK 1 N31*22'32"W
5.Q6' P.J.C. +
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M B. 11 f 17 —0.00'
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KAHLEN
op
1' �, No,474�7 1 I,
NB(CATES ROADWAY EASEMENT ?o BE ACQUIRED r
AREA 1,882 Sc'
EXHIBIT $*B to AA ANt} BMP D
_- ALABAMA ST. IMP PROJECT SHEET. 1 OF 1
APN 01169-362-13 DATE,6/6r13
SKETCH TO ACCOMPANY CITY MJF REDLANDS DAWN BY: TLI<
COUNTY OF SAN BERNARDINQ
w vers , LEGAL DESCRIPTION STATE OF CALIFORNIA SCALE:,,, �C
�,ALI. vRN1A
TEMPORARY CONSTRUCTION EASEMENT
APN 0169-362-13
FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged,
William E. Miles and Marion S. Miles, trustees of the Miles Family Trust, dated May 5, 2000, as
to 50% interest and Betty Joan Schlaberg, Trustee of the Warren C. Schlaberg Exemption Trust
under the Warren C. Schlaberg and Betty Joan Schlaberg 2000 Revocable trust, as to 500
interest ("Grantor"), hereby grants to the CITY OF REDLANDS a municipal corporation,
("Grantee"), a temporary construction easement to provide a work area for the contractor during
the construction period for the widening of Alabama Street, in the City of Redlands, County of
San Bernardino, State of California, as shown on Exhibit"A" attached hereto and made a part
hereof.
It is understood that said temporary construction easement shall extend for a period of eighteen
z:1
(18) months commencing forty-eight (48) hours after the Grantee provides written notification to
the Grantor of its intent to commence construction.
City of Redlands agrees to indemnify and hold William E. Miles and Marion S. Miles, trustees of
the Miles Family Trust, dated May 5, 2000, as to 50% interest and Betty Joan Schlaberg-, Trustee
of the Warren C. Schlaberg Exemption Trust under the Warren C. Schlaberg and Betty Joan
Schlaberg 2000 Revocable trust, as to 50% interest harmless from and against any claim, action,
suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or
4� Z� ty
expense (including, without limitation, attorney fees), resulting from this document.
It is understood and agreed that in the event the Grantor plans to sell, lease, or rent the Grantor's
property prior to the completion of the project or the final expiration date of this temporary
construction easement, the Grantor shall inform, in writing, any and all parties involved in said
sale, lease, or rental, of this temporary construction easement and associated construction project
by Grantee before the completion of said sale, lease or rental. This temporary construction
easement is binding upon heirs, successors and assigns.
Grantee shall have the option to extend the TCE term if required. Grantee shall notify Grantor in
writing of the additional TCE term needed and shall pay Grantor prior to the start of the additional
TCE term at the rate of$246.00 per month.
It is further understood that when the construction project is completed and said temporary
easement is no longer required, said real property shall be restored to the same general conditions
as existed prior to the beginning of construction.
William E. Miles and Marion S. Miles, trustees of the Miles Family Trust, dated May 5, 2000, as
to 50% interest and Betty Joan Schlaberg, Trustee of the Warren C. Schlaberg Exemption Trust
under the Warren C. Schlaberg and Betty Joan Schlaberg 2000 Revocable trust, as to 50%
interest
Dated: By:
William E. Miles,Trustee
Dated: By:
Marion S. Miles, Trustee
Dated: By:
Betty Joan Schlaberg,Trustee
STATE OF CALIFORNIA
ss.
COUNTY OF
On 2013, before me, a Notary Public,
personally appeared who -Droved 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 signature(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 the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
STATE OF CALIFORNIA
ss.
COUNTY OF
On 2013, before me,
a Notary Public,
personally appeared who 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 sig ature(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 the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
STATE OF CALIFORNIA
ss.
COUNTY OF
On 2013, before me, a Notary Public,
personally appeared who 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 signature(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 the State of California that the
foregoing paragraph is true and correct.
Z--
WITNESS my hand and official seal.
Signature (Seal)
3
EXHIBIT "A"
TEMPORARY CONSTRUCTION 50-00' �
EASEMENT
C12
140
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N45- 16'41 "W C4
29.23' I Gra
s �
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APN 0169-36.3-13 C I
Lu 43.00' I
L
HENRY L. ' WILLIAMS" TRACT
55.00' J �
LOT 8, .BLOCK I N81 4 22'32"w
5.06'
M. B. 11 17 50-00,Lo
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! ° TE 11
K N
No,874
INDICATES TEMPORARY CONSTRUCTION EASEMENT ��'OF
AREA = 789 SFC Al
REDLANDS BLVD. AND SHEET:T 1 }F 1
ALABAMA ST. IMP PROJECT
PARAGON APP 0169--362-13 [TATE;7/18/1.3
PARTNERS CITY OF RE LANDS DRAWN BY: TLK
LTD COUNTY OF SAID BERNARDINO
SCALE:1"-SCI'
STATE OF CALIFORNIA