HomeMy WebLinkAboutDeeds & Easements-12-2008E_CCv0001.pdf Recorded in Official Records, County of San Bernardino 6113/2008
LARRY WALKER 4:17 PM
FV
'Mac it Auditor/Controller — Recorder
RECORDING REQUESTED BY: ' R Regular Mail
Municipal Utilities Department
Doc#: 2008—0271 898 Titles: 1 Pages: 10
City of Redlands f Fees 0.00
Taxei I 0.00
Other 0 .00
WHEN RECORDED RETURN TO: f PR 1 D
CITY CLERK'S OFFICE
CITY OF REDLANDS.
P.O. BOX 3005
REDLANDS, CA 92373
FEESNOT REQUIRED (Above Space for 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,
005286.00088/885470v 1 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
005286.00088/885470vl 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
005286.00088/885470vl 3
successive owner of the parcel. If any action or proceeding is commenced �y b 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
005286.00088/885470vl 4
"OWNER-
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COMMUNITY
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By:
Name:
Title:
By:
Name: KAYLA
Title:
Address: 114 South Del Rosa Drive Saxe Be ardi o A 924018
"CITY"
CITY OF REDLANDS,a municipal corporation
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r9nri Martin Ci - ager
ATTEST:
By;
Lo oyzer, *fir ler
005286.00088"885470v 1 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 5�h m'
On before me, i
Date Hee Ins�Iam. ni Title the r
personally appeared
Name{s1 of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person( °'whose name*is/aa;-subscribed to the
within instrument and acknowledged to me that
he/sexecuted the same in his/hefAheir authorized
capacity( , and that by hisiher/their signature(4 on the
3519 instrument the person or the entity upon behalf of
-cawonla which the person(8)-acted, executed the instrument.
n . SM BMGK*o
Oct t ' 1 certify under PENALTY OF PERJURY under the laws
of the Mate of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature Place Notary seal Mow �,awl9ctfary Puf�Ec
- OPTIONAL
Though the information below is not required by Lary, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: 11
Document Cate: DNumber of Pages:
signers) Other Than Named above:
Capacity(ies) Claimed bySigner(s)
Signer's Name: Signer's Name:
Individual Individual
Corporate Officer i Title(s): Corporate Officer- T itle(s):
Partner Limited General »� r �§_ Partner Limited General .� Na:�
Attorney in FactAttorney in Pact
U of to he _ 0,t urno here
Trustee Trustee '
Guardian or Conservator Guardian or Conservator
Other: Other: i
Signer IsRepresenting: I Signer Is representing: t
F }
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ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1 181, 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 personts) whose nairie(s) is�are subscribed to the within
instrument and acknowledged to ine that heAs4e/they executed the 'same in his/her4their authorized
capacity(ies) and that by his/lwixtbeir 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 Cal]Fornia that the foregolihy
paragraph is true and correct.
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.... ..., 6 � WITNESS my hand and official seal.
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LORRIE POYZER, CITY CLERK
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Assistant City C
Teresa Ballinger,
(909)798-7531
——-----------------------------
CAPACITY CLAIMED BY SIGNER(S)
Individual(s)signing for oneselUthemselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
I Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
x t 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`Phan Named Above: None
EXHIBIT "A"
LEGAL DESCRIPTION
WATER LATERAL EASEMENT
AN EASEMENT IN, UPON AND ACROSS THAT PORTION OF SECTION 33, TOWNSHIP
1 SOUTH, RANGE 2 'WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED
AS FOLLOWS:
COMMENCING AT POINT "F" ON THE CENTERLINE OF A 40.00 FOOT WIDE
EASEMENT INDICATED AS EASEMENT NUMBER 1 REFERRED TO IN THAT
CERTAIN GRANT OF EASEMENT FROM THE SAN BERNARDINO COMMUNITY
COLLEGE DISTRICT TO THE CITY OF REDLANDS RECORDED MARCH 26, 1973 IN
THE OFFICIAL RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA IN BOOK. 8147 AT PAGE 842;
THENCE CONTINUING SOUTHWESTERLY ALONG SAID CENTERLINE CURVING TO
THE LEFT WITH A RADIUS OF 1,113.84 FEET THROUGH A CENTRAL ANGLE OF
2°15'44",AN ARC DISTANCE OF 43.98 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 56044'02" WEST A
DISTANCE OF 2.50 FEET;
THENCE LEAVING SAID CENTERLINE AT A RIGHT ANGLE SOUTH 33015'58" 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 CONTINUING SOUTH 33015'58" EAST A DISTANCE OF 29.73 FEET;
THENCE NORTH 78°00'41" EAST A DISTANCE OF 19.67 FEET;
THENCE NORTH 11059'19" WEST A DISTANCE OF 10.00 FEET;
THENCE SOUTH 78°00'41" WEST A DISTANCE OF 18.20 FEET;
THENCE NORTH 33015'58" WEST A DISTANCE OF 20.95 FEET TO THE SOUTH-WEST
EDGE OF THE SAID 40.00 FOOT WIDE EASEMENT;
THENCE SOUTHWESTERLY ALONG SAID SOUTHWEST EDGE CURVING TO THE
LEFT WITH A RADIUS OF 1,093.84 FEET THROUGH A CENTRAL ANGLE OF 00°07'51
AN ARC DISTANCE OF 2.50 FEET;
THENCE CONTINUING SOUTHWESTERLY ALONG SAID SOUTHVTEST EDGE SOUTH
56044'02" WEST A DISTANCE OF 2.50 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 DIRECTION,
NO.L 5273
WILL _ R. y"PLS 5276 DAT
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