HomeMy WebLinkAboutDeeds & Easements-11-2008E_CCv0001.pdf Recorded in Official Records, County of San Bernardino 6/13/2008
LARRY WALKER MT 4:17PM
Auditor/Controller — Recorder
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Doc#: 2008-0271897 Titles: 1 Pages: 9
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CITY CLERK'S OFFICE
CITY OF REDLANDS.
P.O. BOX 3005
REDLANDS, CA 92373
FEES NOT REQUIRED (Above Space fof•Recorder's Use Only)
PER GOVERNMENT CODE (EXEMPT FROM RECORDING FEE PER GOV.CODE§6103)
SECTION 6103
GRANT OF EASEMENT
THIS GRANT OF EASEMENT (the "Easement") is made and entered into as of, April
9, 2008 by and between the San Bernardino Community College District, a California institution
of higher education duly organized and validly existing under the laws of the State of California
("District" or "Owner"), and the City of Redlands, a municipal corporation (the "City"), with
reference to the following facts:
A. Owner is the owner of the real property situated in the City of Yucaipa,
California, commonly known as Crafton Hills College, 11711 Sand Canyon Road, Yucaipa,
California(the "Owner Parcel").
B. Pursuant to this Easement and subject to the terms and conditions set forth herein,
Owner desires to grant to the City a permanent non-exclusive easement over that portion of the
Owner Parcel, legally described in Exhibit "A" hereto (the "Easement Area") and depicted in
Exhibit"B"hereto ("Depiction of Easement Area").
NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows.
1. Recitals Incorporated. The foregoing recitals are incorporated herein as if set
forth in full.
2. Grant of Easement. Owner hereby grants to City a permanent, non-exclusive
easement for ingress and egress over the Easement Area in order to construct, maintain, operate,
repair, and renew water service laterals, with incidental ordinary and necessary appurtenances
necessary to supply Crafton Hills College with water via said water laterals. The Owner also
grants to the City the right to enter and traverse upon other land of Owner in order to obtain
access to and along the Easement Area by City, its officers, agents and employees or by persons
under contract to City, whenever and wherever necessary for the purpose of conducting the
activities permitted in this Easement. This Easement is for the benefit of the City, its officers,
005286.00088/885467v I I
agents and employees or by persons under contract to City. This Easement is subject to all
existing easements, covenants, conditions, and restrictions recorded against the Owner Parcel.
3. Indemnification.
3.1 City shall be responsible for, and Owner shall not be answerable or
accountable in any manner for any loss or expense by reason of any damage or injury to person
or property, or both, arising out of the acts of City, its agents, officers, employees, or invitees, or
resulting from City's design and/or construction of the Easement or from any cause whatsoever
arising out of or in connection with the Easement including without limitation, mechanics liens,
stop notices or any claim that Grantor, City or City's consultants failed to comply with any
applicable law or regulation.
3.2 To the fullest extent permitted by law, City agrees to indemnify, defend
and hold Owner entirely harmless from all liability arising out of.
3.2.1 Any and all claims under workers' compensation acts and others
employee benefit acts with respect to City's employees or City's consultants' employees arising
out of City's work under this Agreement
3.2.2 Liability for damages for (1) death or bodily injury to person; (2)
injury to, loss or theft of property; (3) any failure or alleged failure to comply with any provision
of law; or (4) any other loss, damage or expense arising under either (1), (2), or (3) above,
sustained by City or any person, firm or corporation employed by City upon or in connection
with the Easement, except for liability resulting from the sole or active negligence, or willful
misconduct of the Owner, its officers, employees, agents or independent consultants who are
directly employed by the Owner; and
3.2.3 Any loss, injury to or death of persons or damage to property
caused by any act, neglect, default or omission of City, or any person, firm or corporation
employed by City, either directly or by independent contract, including all damages due to loss
or theft, sustained by any person, firm or corporation including the Owner, arising out of, or in
any way connected with the Easement, including injury or damage either on or off Owner
property; but not for any loss, injury, death or damages caused by the sole or active negligence,
or willful misconduct of the Owner.
3.2.4 City, at City's own expense, cost, and risk, shall defend any and
all claims, actions, suits, or other proceedings described in this section 3.2 that may be brought or
instituted against the Owner, its officers, agents or employees, and shall pay or satisfy any
judgment that may be rendered against the Owner, its officers, agents or employees in any such
action, suit or other proceeding.
4. Insurance.
4.1 In connection with the Easement and activities permitted hereunder, the
City shall procure and maintain the insurance policies as set forth in this Section 4. If third party
contractors or consultants are hired by City to perform design, construction or maintenance
005286M088/885467v 1 2
activities related to City's use of the Easement, City will require such third parties to provide the
insurance policies as set forth in this Section 4. City may choose to self insure.
4.1.1 Public Liability and Property Damage. A suitable policy or
policies of public liability and property damage insurance, insuring against all bodily injury,
property damage, personal injury, and other loss or liability caused by or connected with City's
use of the Easement. Such insurance shall be in amounts not less than $1,000,000 for injury to
or death of two or more persons as a result of any one accident or incident; and $1,000,000 for
property damage.
4.1.2 Automobile Liability. With regard to any vehicles which City
brings onto the Easement Area, a suitable policy or policies of automobile liability insurance
with a combined single limit of$1,000,000 per accident.
4.1.3 Workers' Compensation. Workers' Compensation insurance in
accordance with the laws of California, and employers' liability insurance with a limit of not less
than $1,000,000 per employee and$1,000,000 per occurrence.
4.1.4 Professional Liability. With respect to any architectural or
engineering work, City's consultant must obtain professional liability insurance, including
contractual liability,with limits of$1,000,000 per occurrence.
5. General Provisions.
5.1 California Law. This Easement shall be interpreted, enforced and
governed by and under the laws of the State of California.
5.2 Representations. Each party represents and warrants that, as of the date
this Easement is recorded: (a) it is the owner of the real property which such party is described as
owning in the recitals set forth at the beginning of this Easement; (b) it has not assigned or
transferred or agreed to assign or transfer any of its right, title or interest in or to its real property
or any portion thereof (excluding interests granted as security for the performance of an
obligation); (c) it has the authority to enter into this Easement; and (d) this Easement is a valid
and binding obligation of such party.
5.3 Transfers. Nothing contained in this Easement does, or shall be construed
to, limit in any way the right and ability of the parties to transfer, sell or encumber their
respective properties.
5.4 Encumbrances Subordinate. Any encumbrance recorded after recordation
of this Easement or otherwise subordinated hereto affecting any portion of the Owner Parcel
shall at all times be subject and subordinate to the terms of this Easement and any person/entity
foreclosing any such encumbrance or acquiring title by reason of a deed in lieu of foreclosure
shall acquire title to the premises or interest affected thereby subject to all of the terms of this
Agreement.
5.5 Miscellaneous. This Easement may be modified only by a written
agreement signed by the Owner and City. This Easement shall be binding on and benefit each
005286.00088/885467v 1 3
successive owner of the parcel. If any action or proceeding is commenced by any party to
enforce the terms of this Easement, the prevailing party shall be entitled to recover from the
other party reasonable attorneys' fees and costs in addition to any other relief awarded by the
court. The parties' respective rights and remedies under this Easement are cumulative with and
in addition to all other legal and equitable rights and remedies which the parties may have under
applicable law.
SIGNATURES ON FOLLOWING PAGE
005286.00088/'885467v 1 4
"OIWNER"
SAN BERNARDINO COMMUNITY COLLEGE DISTRICT
By:
Name:
Title:
By: g
Name:
Title: �wslvxess MaAq�!E".-
Address: 114 South Del Rosa Drive San Bernardino, CA 92408
"CITY"
CITY OF REDLANDS, a municipal corporation
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ATTEST:
By:
Lorne Poyzer,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 5A^ 'y
On before me,
Date Nis nsert Name andTlt! of e officer
personally appeared
NametSj of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person hose name(}-isf ubscribed to the
within instrument and acknowledged to me that
helsheAhey executed the same in his authorized
capacity( , and that by his/her/their signatur ) on the
instrument the person(, or the entity upon behalf of
f _ which the perso 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.
1
WITNESS my hand and official seal.
Place Rota r Seal Abave Signature �S, re otary Public
OPTIONAL
Though the information below is not required by;avv, it may prove valuable to persons relying on the document
and could prevent fraudule nt removal ard reattachment of this four, to another docu,'nent.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Otter Than Named;above:
Capacity(ies) Claimed by Signer(s)
Slaner's Name- Signer's Nacre:
71 Individual Individual
Corporate Officer—Title(s)- Corporate Officer--Title(s):
, Partner
—
' Limited Oererali rtrer— lo b m
Attorney in Fact • Attorney in Fact NEU
Too o t�r mb here ISG f thumb er 4
Trustee _i Trustee i
Guardian or Conservator j ,Guardian or Conservator r
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Other: Other: I i
Signer Is Representing: 3 i Signer is Representing: F
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02007 National Notary Assi' awn•93fo De Scte.Ave.,PO.Box 2402 Chatmvonh,C 91313-2�f2•wvAv,NaticnaiNo€ar-crg .tern eSix;7 Rear :Cali Toll-Free 1-800-876-6,827
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 April 10, 2008, before me, Teresa
Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer., City Clerk of the City of Redlands, California,
personally appeared N. Enrique Martinez, City Manager and Lorrie Poyzer, City Clerk who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) i---4are subscribed to the within
instrument and acknowledged to me that he4�,Ithev executed the same in hi4hertheir authorized
capacity(les) and that by hisAierltheir 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.
MOolill
R WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
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By: 'ar-
Teresa Ballinger, Assistant City Ulerk
(909)798-7531
---------—-—----—-------------------------------------—-----—-------------
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/theniselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
x Other
Title(s): City Manager and City Clerk
Entity Represented: City of Redlands, a municipal corporation
--------------------------------------------
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Grant of Easement
Date of Document: April 9, 2008
Signer(s) Other Than Named Above: None
EXHIBIT 4('A99
LEGAL DESCRIPTION
WATER LATERAL EASEMENT
AN EASEMENT IN, UPON, AND ACROSS THAT PORTION OF SECTION 33, TOWNSHIP
I SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED
AS FOLLOWS:
COMMENCING AT POINT "B" ON THE CENTERLINE OF A 40.00 FOOT WIDE
EASEMENT INDICATED AS EASEMENT NUMBER I REFERRED TO IN THAT
CERTAIN GRANT OF EASEMENT FROM THE SAN BERNARDINO COMMUNITY
COLLEGE DISTRICT TO THE CITY OF REDLANDS RECORDED MARCH 26, 19'73 IN
THE OFFICIAL RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA IN BOOK 8147 AT PAGE 842;
THENCE CONTINUING NORTHEASTERLY ALONG SAID CENTERLINE CURVING TO
THE LEFT WITH A RADIUS OF 636.14 FEET THROUGH A CENTRAL ANGLE OF
05-48'43", AN ARC DISTANCE OF 64.53 FEET;
THENCE LEAVING SAID CENTERLINE ON A RADIAL BEARING SOUTH 07012'42"
EAST A DISTANCE OF 20.00 FEET TO THE SOUTHEAST EDGE OF THE SAID 40.00
FOOT WIDE EASEMENT AND THE TRUE POINT OF BEGINNING;
THENCE SOUTH 09014'36" EAST A DISTANCE OF 30.48 FEET;
THENCE NORTH 8004524" EAST A DISTANCE OF 20.00 FEET,
THENCE NORTH 09014'36" WEST A DISTANCE OF 30.07 FEET TO THE SOUTHEAST
EDGE OF THE SAID 40.00 FOOT WIDE EASEMENT;
THENCE SOUTHWESTERLY ALONG SAID SOUTHEAST EDGE CURVING TO THE
RIGHT WITH A RADIUS OF 656.14 FEET THROUGH A CENTRAL ANGLE OF 01044f48".
AN ARC DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING
ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTIO �-,
WILtIAMICI)ICK, PLS5276DATE
LICENSE EXPIRES 12/31/09
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