HomeMy WebLinkAboutDeeds & Easements-4-2000E_CCv0001.pdf W
RECORDING REQUESTED BY
Z),
WHEN RECORDED MAIL TO:
DEPARTMENT OF WATER RESOURCES
Division of Land and Right of Way
Real Estate Branch
1416 9th Sftxmt,Room 425
Sacramento, California 95814
SPACE ABOVE THIS LINE FOR I IMCORDER'S USE
APN 0168-362-03 (Portion)
EAST BRANCH EXTENSION
EASEMENT Project CRAFTON HILLS -PIPELINE
(CORPORATION TO THE STATE)
Parcel No. SGP-52
N-lPO095
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. AM Estate
SGP-52 48 so ft Permanent Nonexclusive Access Road
as described in Exhibit "A" attached.
CITY OF REDLANDS ATTEST:
�Ozi�4
Pat Gilbreath, Mayor orr Poyze—" 1�111�y Clerk
DATE: May 2. 2000 DAT May MaywQ000
(1a the event of any discrepancy between the above identification and the real property described harem, the real
Property described will control.)
DWR 620-CP(Rev. 1192) Page I
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
f X) 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.
\XXX01111 I WITNESS my hand and official seal.
VeD L.4 4,
0 0 LORRIE POYZER, CITY CLERK
1�1
By:
Bea
tr&ice"Sanchez0�,
Deputy City Cl
rk
C Lif0
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
Corporate Offlicer(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.
�_AND
- 0
Curd 1. Leong
yb EXP.
No. 5934
N
fEB 9 -2-
Dated: 19
15
[CORPORATE SEAL]
Ey President
By Secretary
STATE OF CALIFORNIA
County of I SS./
On 19 before me,
personally appeared
personally known to me(or proved to me on e basis of satisfactory evidence)to be the person(s)whose name(s) is/
are subscribed to the within instrument acknowledged to me that helsheithey executed the same in hisiher/their
authorized c-apacity(ies), and that b s/her/their signature(s)on the instrument the person(s), or the entity upon
own to (or proved roved t
t 0 he "thin instrument t '*
0 me on e
nt ackno
pa-ity(ies)' and that b s/her/their
behalf of which the person(s)a executed the instrument.
an (ficial
j
y hand cial seal.
WITNESS m'/
(S
NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA
(CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE, SECTION 27281)
This Is To Certify,That the State of California,grantee herein,acting by and through the Department of Water 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 set my hand this day of ' 19
Director of Water Resources
B
Attorney in Fact
Page
DWR 620-SP(Rev IV92)
9 2&".0
. .
~
Grantor: City of Redlands Project: East Branch Extension
Qffice of Municipgl Utilities Phase 1. Reach I
Pgst Office Box 3005 DWRPancm No.:
Redlands, California
RIGHT~ . .~. WAY CONTRACT
Document No. SGP-52 in the form ofonEasement Deed covering that property particularly described in the
above instrument has been executed and delivered to Thomas Lichtenberg, Right ofWay Agent, for the Department of
Water Resources ofthe State ofCalifornia, hereinafter referred to as STATE.
In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows:
1 a. The parties have set forth herein the whole oftheir agreement. The performance Cfthis agreement
constitutes the entire consideration for said document and shall relieve STATE ofall further obligation or
claims on this account, or on account of the location, grade or construction of the proposed public
improvement.
b. STATE requires Parcel No.8GP-52 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 bzsell, and STATE iscompelled toacquire said Poroe|(a).
Both GRANTOR and STATE recognize the expense, tinne, effort, and risk to both GRANTOR and STATE
in determining 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 GRANTOAMhesurnof$5OO.00p|us interest for the property orinterest conveyed bv
above documant(s)when title tosaid property vests inSTATE free and clear ofall liens, encumbrances,
assessments, easements, leases (recorded and/or unnsoonjed), and taxes, except:
(1) Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner
required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow,
(2) Coveoants, uondidons, restrictions and reservations of record, or contained in the above-
referenced document.
(3) Easements or rights of way over said land for public or quasi-public utility or public purposes,
if any.
nvxc(Ray.9/98
Page 1of4
^ b. Pay all expenses incidental to and necessarily incurred for the conveyance of the real property to STATE,
including but not limited to recording fees, title insurance charges, reconveyance fees, trustee's fees,
forwarding fees and prepayment penalties.
c� Have the authority todeduct and pay from the amount shown onClause 2.aabove, any amount
necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which
this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid
nond$|inquent assessments which have become elien at the close ofescrow.
3, Any or all moneys payable under this contract, up to and including the total amount of unpaid 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 nodgagae(s) orbennficiary(ieo) entitled thereunder, said mortgagee(s)orbonefidary(ies)ho
furnish GRANTOR with good and sufficient receipt showing said moneys credited against the indebtedness
secured bysaid nlortgoge(s)ordeed(a)oftrust.
4. Title tosaid property shall pass immediately upon close o/escrow. The issuance ofany escrow instructions shall
be the 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 bvany tenant ofthe GRANTOR for a period exceeding one month, except as may be otherwise provided
herein.
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, Tothe best ofGRANTQR'sknowledge 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, frcnn. 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 onthe property.
GRANTOR has not used the property for any industrial operations that use hazardous substances. GRANTOR is
not aware mfany such prior use ofthe property. GRANTOR has not installed any underground storage tanks,
aboveground storage tanks, barrels, sumps, impoundments or other containers used to contain hazardous
substances onany part ofthe property. GRANTOR ianot aware ofany such prior installations.
RVVC(Rev,9/99)
Page 2o**
7. (cont)
For the purposes of this paragraph, the term"hazardous substances"shall mean any substance which at anytime
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, rD@bada|or waste product whose pn*sence, nature or quality is potentially injurious
b» public 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 iefound hobecontaminated byahazardous
substance which may require remediation under federal or STATE |ovv. STATE may elect to recover its dean-up
costs from those who caused, contributed to, orotherwise 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.
S. IMMEDIATE POSSESSION: |tisagreed that STATE shall have immediate possession and use ofthe subject
lands effective as of the date this contract is accepted 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.
RVv (Rev,9/99)
Page 3of4
This contract is subject to the approval of the State of California,
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN SHALL BE RECOGNIZED.
IN WITNESS WHEREOF, the parties have executed this contract.
GRANTOR: City of Redlands
rV
Pat Gilbreath, Mayor Lorr e Poyy(,,-,City Cle.
V \-/
Date: May 2 2000 Date: May 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 to said GRANTOR as herein set forth.
I- N/A ► N/A
Date: Date:
THE DEPARTMENT OF WATER RESOURCES of the State of California
RECOMMENDED FOR APPROVAL: APPROVED:
_---
e�
Thomas Lichtenberg, Right of WaAgent
Frank L. Conti, Chief
Division of Land',,6nd Right of Way
Allan Davis,Senior Land Agent
Z/
Date: ';_70 a 0
Acting Branch Chief
Real Estate Branch
RWC(Rev.9199)
Page 4 of 4
This contract is subject to the approval of the State of California.
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN SHALL BE RECOGNIZED.
IN WITNESS WHEREOF, the parties have executed this contract.
GRANTOR: City of Redlands
Pat Gilbreath, Mayor '11)zorrie o 4 City Clerk ,
Date: May 2, 2000 Date:. Ma y 2, 2(10p
0
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 to said GRANTOR as herein set forth,
P. N/A N/A
Date:— Date:
THE DEPARTMENT OF WATER RESOURCES of the State of California
RECOMMENDED FOR APPROVAL: APPROVED.-
Thomas Lichtenberg, t
Righ of ay Agent Frank L. Conti, I
Division of Lands Right of Way
Allan Davis,Senior Land Agent
4P -
Date-, 2-0 0
Acting Branch Chief
Real Estate Branch I hereby cortify thst0corndmtwenato,
tier',hat'P bPPn0onq)rfqdvfth&W#ftd0CU_
axe ff from tft 01001mem G4
a r
sb
'§
RWC(Rev.9/99)
Paae 4 of 4
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