HomeMy WebLinkAboutDeeds & Easements-3-1999E_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
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:
D 554A-CP(9/29/92) Page I
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;
(d) Alteration of the ground surface elevation by more than 12 inches.
(5) It is expressly understood and agreed that GRANTORS, their successors
or assigns do not have the right, without prior written approval of STATE,
to grant any easement or license, or permit any encroachment of any kind
whatsoever in or over the easement parcel(s) .
B. GRANTOR's rights with respect to use of the easement parcel(s) :
GRANTORS, their successors or assigns, retain all aspects of fee
ownership and the right to make all uses of the easement parcel(s) ,
including, but not limited to, access, ingress, and egress over, through,
and across said easement parcel(s) and to and from adjoining parcels, that
do not unreasonably interfere with STATE's rights as described in
Paragraphs A(l) and A(2) above, and as limited and qualified by Paragraphs
A(3) , A(4), and A(5) above.
State shall not unreasonably withhold an encroachment permit under
Paragraph A(4) above, or approval under Paragraph A(5) above, go long as
any proposed activity, construction, or improvement is designed in
accordance with generally accepted engineering principles and practices
for the protection of STATE's facilities and STATE's rights as granted
herein.
C meaning of Permanent Exclusive Pipeline Easement.
The term "Permanent Exclusive Pipeline Easement" as used herein means
GRANTORS have no right to grant any easements or licenses, or permit
encroachments of any kind whatsoever in or over the easement parcel(s) ,
except as provided under Paragraphs A(4) and A(5) above.
Said parcel(s) are described as follows:
-3-
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 I
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* 331 331, 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 23' 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
93* 571 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 57' 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 805.38 feet to the point 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 081 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 100 47' 50", an arc length of 131.91
feet;
thence South 720 061 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' 251*, an arc length of 309.59 feet to the
-4-
iQQA
hereinafter designated Point "B" and the end of the herein described
line.
The sidelines of said strip shall be prolonged or shortened so
as to begin Westerly on the Westerly boundary of said parcel and to terminate
Easterly on a line radial to the final course of the herein described strip,
said radial line passing through said Point "B" .
TOGETHER WITH that portion of said Northwest quarter of the
Northeast quarter of Section 23 bounded and described as follows:
BEGINNING at the hereinabove designated Point "B";
thence along the Easterly terminus line of the hereinabove described strip
North 070 261 47" West 30.00 feet;
thence leaving said Easterly terminus line North 82* 33' 13"
East 182.65 feet;
thence South 670 26' 46" East 79.26 feet to the Easterly boundary of said
parcel being the East line of the Northwest quarter of the Northeast
quarter of said Section 23;
thence along said Easterly boundary South 001 46' 00" East 70.78 feet;
thence leaving said Easterly boundary North 671 26' 46" West 109.86 feet;
thence South 820 33' 13" West 147.91 feet to said Easterly terminus line;
thence along said Easterly terminus line North 070 26' 47" West 25.00 feet
to the Point of Beginning.
Said UNIT A contains an aggregate area of 3.19 acres, more or less.
UNIT B
A perpetual nonexclusive easement and right of way to construct,
reconstruct, operate, maintain, and use an access and service road over,
through, and across the following described parcel of land:
COMMENCING at the hereinabove designated Point "A";
thence from said point of commencement North 0711 05' 49" East 30.00 feet
to the point on the Northerly sideline of the herein described UNIT A
and the Point of Beginning;
THENCE FROM SAID POINT OF BEGINNING leaving said Northerly sideline
North 201 131 581, East 3.50 feet to the Southerly edge of pavement
of the existing State Highway 38 (Mill Creek Road) ;
thence along said Southerly edge of pavement South 830 15' 57" East
41.14 feet;
thence leaving said Southerly edge of pavement South 200 13, 58" West
4.94 feet to a point on said Northerly sideline;
thence along said Northerly sideline along a nontangent curve to the left,
the center of which bears radially South 100 18' 06" West, having a
radius of 730.00 feet, through a central angle of 030 12' 17", an
arc length of 40.83 feet to the Point of Beginning.
Containing 161 square feet, more or less.
UNIT C
A temporary exclusive easement and right of way for the purpose of
moving and/or maneuvering construction equipment and vehicles, the temporary
storage of pipe, equipment, and materials necessary for laying a pipeline,
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 At
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
339, 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' 071, 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, 4011 East 10.00 feet;
(5) Along a nontangent curve to the right, the center of which bears
radially South 011 29' 40" East, having a radius of 585.00 feet,
through a central angle of 19* 23' 18", 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;
aj
thence along said Southerly boundary South 861 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' 001, 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.
No, -56184
Exp. 9-30-99
JUL 1 S_ 1998
Dated: February 4 19 99
CITY OF REDL.ANDS
[CORPORATE SEAL]
B3 Clk MAYOR
W lliam Egh
AtWc,t: B , CLERK
.orr€e _PM
STATE OF CALIFORNIA
County of SS.
On , 19_, before me,
personally appeared G
personally known to me(or proved to me on the bas 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.
WITNESS my hand and official seal.
(Seal)
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€esources,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
By
Attorney in Fact
Page 7
DWR 620-SP(Rev 12/92)
ALL-PLTRPOSE 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 February 4,
1999, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared William E. Cunningham and Lorrie Poyzer
I Xj personally known to me - or - I I proved to me on the basis of satisfactory evidence to
be the persons whose names) are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities and that by their signatures on the instrument
the persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
Ft E
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A
1�A�
By:
Beatrice Sanchez, Deputy City Clerk
1888
(909)798-7531
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CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
x Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, California
— — — — — — — — — — — —
THIS CERTIFICATE MUST BE ATTACHED TOTHE DOCUMENT DESCRIBED BELOW:
Title or Type of Document.- Exclusive Easement
Number of Pages : eight Date of Document- February 4, 1999
Signer(s) Other Than Named Above: none