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HomeMy WebLinkAboutDeeds & Easements-9-2008E_CCv0001.pdf Recorded in Official Records,County of San Bernardino 31071 00 8:00. f AM LARRY WALKER FV RECORDING REQUESTED BY: "^R Auditor/Controller - Recorder fir `' 803 LandAmerica Commonwealth PUBLIC WORKS DEPARTMENT CITY OF REDLANDS Doc#: 2008-0101940 Titles: 1 Pages: 9 Fees 0.00 Taxes 000 WHEN RECORDED, RETURN TO: I Other 0.00 . itTax StgmrientsPAID $0.00 CITY CLERK'S OFFICE CITY OF REDLANDS P. O. BOX 3005 REDLANDS CA 02373 SPACE ABOVE THIS LINE FOR RECORDER'S USE Road Easement DOCUMENTARY TRANSFER TAX$ SER.67182A J.0.5202 Location: Redlands COMPUTED ON FULL VALUE OF PROPERTY CONVEYED APN: 4167-551-06 APPROVED OR COMPUTED ON FULL VALUE LESS LIENS AND CORPORATE REAL ESTATE 0292-491-01 ENCUMBRANCES REMAINING AT TIME OF SALE DEPARTMENT RP File No.: GRT07170395 SO.CALIF.EDISON CO. Affects SCE Documents: SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME BY LS DATE 07/13107 228571, 257133, 213804 1 SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Grantor", does hereby grant to THE CITY OF REDLANDS, a municipal corporation, hereinafter called "Grantee", an easement for road purposes, in, on, under, over, along and across that certain real property in the City of Redlands, County of San Bernardino, State of California, described as follows: Said road easement is more particularly described on the Exhibit "A" and more particularly depicted on the Exhibit"B", both attached hereto and by this reference made a part hereof. SUBJECT TO covenants, conditions, restrictions, reservations, exceptions, encumbrances, rights, easements, leases and licenses, affecting the above described real property or any portion thereof, whether of record or not. The foregoing grant is made subject to the following terms and conditions: 1, The said Easement is granted subject to the right of Grantor to construct, maintain, use, operate, alter, add to, repair, replace, reconstruct, enlarge and/or remove in, On, over, under, through, along and across the above described real property, electric transmission and distribution lines and communication lines, together with supporting structures and appurtenances, for conveying electric energy for light, heat, power and communication purposes, and pipelines and appurtenances for the transportation of oil, petroleum, gas, water, or other substances, and conduits for any and all purposes. 2. Grantor shall not erect or place at any future time any of its facilities so as to unreasonably interfere with the rights of Grantee created by this Easement grant. 3. The said Easement shall be exercised so as not to unreasonably endanger or interfere with the construction, maintenance, use, operation, presence, repair, replacement, relocation, reconstruction or removal of such electric transmission, distribution or communication lines, pipelines, or other conduits. =1. Grantee agrees to hold harmless and indemnify Grantor to the fullest extent to which it can legally do so, from and against all claims, liens, encumbrances, actions, loss, damage, expense and/or liability arising from or growing out of loss or damage to property, including Grantor's own property, or injury to or death of persons, including employees of Grantor, resulting in any manner whatsoever, directly or indirectly, by reason of the exercise of the rights hereby granted, ft 1 Grant of Easement S.C.E., a corporation to The City of Redlands, a municipal corporation Serial No. 67182A RP FILE: GRT07170395 Affects SCE Document(s): 228571, 257133 provided, however, that this covenant shall not apply in those instances where such claims, liens, encumbrances, actions, loss, damage, expense and/or liability are caused by the sole active negligence of Grantor. 5. Grantee agrees to pay to Grantor, upon demand, any and all costs of relocation and/or construction of such electric transmission, distribution and communication lines and supporting structures, pipelines, and conduits which may be or become necessary by reason of the exercise of the rights granted pursuant to this Easement. 6. Grantee agrees that in the exercise of its rights hereunder, its contractors, employees and other agents will maintain a minimum clearance of twenty-seven (27.00) feet between their equipment and any and all overhead electric conductors. 7. Grantor shall have full unobstructed access to its facilities at all times and the right to clear, keep clear, and remove any and all obstructions of any kind at all times. 8. Grantor reserves for itself the right to trim any tree or trees which may grow in or on the above described real property and which, in the opinion of Grantor, endanger or interfere with the proper operation or maintenance of said electric transmission, distribution and communication lines, to the extent necessary to prevent any such interference or danger. 9. The above described real property is to be used only for the purposes specified herein and in the event: a. said real property is not so used; b. said real property shall be vacated as a road easement right of way; or C. the project for which this Easement is being granted is abandoned, the Easement shall thereupon, ipso facto, revert to and merge in the interest of Grantor in the above described real property. 10. Upon termination or reversion of the rights herein granted, Grantee shall execute and deliver to Grantor, within thirty (30) days after service of a written demand therefore, a good and sufficient quitclaim deed to the rights herein given. Should Grantee fail or refuse to deliver to Grantor a quitclaim deed, as aforesaid, a written notice by Grantor reciting the failure or refusal of Grantee to execute and deliver said quitclaim deed as herein provided and terminating this Easement shall, after ten (10) days from the date of recordation of said notice, be conclusive evidence against Grantee and all persons claiming under Grantee of the termination or reversion of the rights herein given. 11. As a controlling part of the consideration for the execution and delivery of this instrument by Grantor, the Easement is accepted upon and subject to the express condition that the improvement for which the Easement is given, regardless of the time performed, and any other work or improvement commenced within two years from the date of recording of this Easement (which improvement and other work or improvement are hereinafter sometimes collectively called "Improvement"] shall be done without any cost or expense whatsoever to Grantor, and that in the event a special assessment or assessments is or are levied by an authorized lawful body against the real property of Grantor for the Improvement, Grantee agrees that it will reimburse Grantor 2 Grant of Easement S.C.E., a corporation to The City of Redlands, a municipal corporation Serial No. 67182A RP FILE: GRT07170395 Affects SCE Document(s): 228571, 257133 and it shall be the binding obligation of the Grantee to reimburse Grantor for the full amount of any and all such special assessment or assessments so levied for said Improvement and paid by Grantor. 12.Also as a controlling part of the consideration for the execution and delivery of this instrument by Grantor, Grantee covenants, for itself, its successors and assigns, to construct and maintain the improvement to be located on the above described real property at its own expense. 13. Grantee hereby recognizes Grantor's title and interest in and to the above described real property and agrees never to assail or resist Grantor's title or interest therein. 14. Any earth fill placed by Grantee within the boundaries of the above described real property shall have a relative compaction density of ninety percent (90%]. 15.The rights hereby granted are not necessary or useful in the performance of the duties of said Grantor to the public. 16. Grantee agrees that all construction equipment, when not in use, shall be parked clear of Edison's right of way and/or rendered immobile. 17. In case of a suit to enforce any terms, covenants or conditions of this Easement, Grantee agrees to pay Grantor in addition to any other recovery or relief for which Grantor may be entitled, a reasonable attorney's fee to be fixed and allowed by the Court. 18. Any notice provided herein to be given by either party hereto to the other may be served by depositing in the United States Post Office, postage prepaid, a scaled envelope containing a copy of such notice and addressed to said other party at its principal place of business. 19. Any underground facilities shall be buried in the ground so that the tops thereof shall be not less than thirty-six (36) inches below the surface of the ground, shall be capable of supporting three- axle vehicles weighing up to forty (401 tons, and shall be of such type of construction and material as to be sufficient and safe for the purpose for which they are to be used. 20. Grantee shall promptly and properly replace the earth over any underground facilities, shall tamp or water-settle such earth so that no depressions shall be left or shall develop in the surface of the ground over said underground facilities, and shall restore the surface of the ground over said underground facilities to as near its original condition and appearance as possible. 21.The two-year limitation contained in paragraph 11 above to the contrary notwithstanding, Grantee agrees that it will reimburse Grantor for the full amount of any and all special assessment or assessments levied for curbs, driveways, sidewalks and/or other improvements which may at any time be installed at this location, which special assessment or assessments have been paid by Grantor. 22. By the acceptance hereof, the Grantee agrees to indemnify Grantor, its officers, agents, and/or employees, from any and all liability, loss, or damage to which Grantor, its officers, agents, and/or employees may be subjected as the result of any act or omission by Grantee, its officers, agents or employees arising out of the exercise by Grantee, its officers, agents, or employees, of any of the rights granted to it by this instrument. 3 Grant of Easement S.C.E., a corporation to The City of Redlands, a municipal corporation Serial No. 67182A RP FILE: GRT07170395 Affects SCE Document(s): 228571, 257133 23. Upon the termination or reversion of the rights herein granted, Grantee shall at its own risk and expense remove said road and restore said above described real property as nearly as possible to the same state and condition that it was in prior to any construction of said facilities, but if it should fail to do so within sixty (60) days after such termination, Grantor may do so at the risk of Grantee, and all cost and expense of such removal and the restoration of said premises as aforesaid, together with interest thereon at the rate of ten percent (10%) per annum shall be paid by Grantee upon demand. 24. Grantee agrees that no additional structures will be installed on the above described real property. 25. Grantee agrees not to store flammable materials nor store any vehicle on the above described real property. 26.The use of the neuter gender herein will, when appropriate, be construed to mean either the masculine or feminine gender or both. Unless expressly provided elsewhere, herein to the contrary, the terms, covenants and conditions of this Easement shall inure to the benefit of and are binding upon the heirs, successors, representatives and assigns of the parties hereto. IN WITNESS WHEREOF, s i South Company has caused this instrument to be executed t day of , 20A�q_. SOUTHERN CALIFORNIA EDISON COMPANY, a corporation By Mark Meizner Manager of Real Estate Operations Real Estate Operations Division Corporate Real Estate Department Operations Support 4 Grant of Easement S.C.E., a corporation to The City of Redlands, a municipal corporation Serial No. 67182A RP FILE: GRT07170395 Affects SCE Document(s): 228571, 257133 GRANTEE, does hereby accept the above and foregoing Easement upon and subject to all of the terms, covenants and conditions therein contained, and does hereby agree to comply with and perform each and all of said terms, covenants and conditions. DATED as of this day of , 20_ CITY OF REDLANDS, a municipal corporation By: Name: Title: Attest: Name: Title: STATE OF CALIFORNIA ss. COUNTY OF0f]2,f-)6-e-, Iv-,-e"' Iro before me, , a Notary Public, personally , J � personally known to me (or proved to me on the appeared Irk) )-'?'Xwr- basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that (Ow/he) executed the same in 4hef/h1s) authorized capacity and that by (1wT/bit') signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. CHM L W-ELRoy Cornmbwan# 1644211 NOtcfy -California Signature. 'j� > Orange courty - My Carr"-ExPires FGb 10,2010 5 Grant of Easement S.C.E., a corporation to The City of Redlands, a municipal corporation Serial No. 67182A RP FILE: GRT07170395 Affects SCE Document(s): 228571, 257133 GRANTEE, does hereby accept the above and foregoing Easement upon and-subject to all of the terms, covenants and conditions therein contained, and does hereby agree to comply with and perform each and all of said terms, covenants and conditions. DATED as of this_12th day of February _ ' 20 08 CITY Of7D RED S, c o a mu i ratio Bv � Ll c ora Nt LIme: N. 4nique Martiri�� IF Title: City Manager Attest., 7,oe P ':W Name: Lorrie yr Title:– City Clerk STATE OF CALIFORNIA ) ss. COUNTY OF Dranae, J o ;L(>i7 ,�hefore me, he_r- i L M(!,E1roq , a Notary Public, personally appeared{ personally known o me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that lhe) executed the same in 4her/his) authorized capacity and that by (herr/bW signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. CNN"MC—SR-07-01 Comm • r Signature Notoy Puft-Caftu-40 - Q=Ve CCU* MVC0"M&PkftFeb 10,2014 V THIENES ENGINEERING, INC. 14349 FIRESTONE BOULEVARD LA MIRADA, CA. 90638 APRIL 11, 2007 J.N. 2647 SHEET 1 OF 2 EXHIBIT "A" LEGAL DESCRIPTION GRANT OF ROADWAY EASEMENT SOUTHERN CALIFORNIA EDISON COMPANY THAT PORTION OF PARCEL 1 OF PARCEL MAP NO, 15573, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 190 PAGES 96 AND 97 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND THAT PORTION OF THE SOUTHERN CALIFORNIA EDISON COMPANY RIGHT-OF- WAY, PER DOCUMENT RECORDED IN BOOK 6247 PAGE 697, OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, SHOWN ON PARCEL MAP NO. 15565, AS PER MAP FILED IN BOOK 198, PAGES 49 THROUGH 56, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1, NORTH 000 3731" WEST, 23.45 FEET; THENCE NORTH 880 10' 32" EAST, 186.85 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLYAND HAVING A RADIUS OF 32.00 FEET, THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 80 54'07-AN ARC LENGTH OF 4.97 FEET; THENCE TANGENT TO SAID CURVE SOUTH 82°55'21"EAST, 27.45 FEET TO THE BEGINNING OFA TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 238.00 FEET; THENCE EASTERLY ALONG LAST SAID CURVE, THROUGH A CENTRAL ANGLE OF 160 21' 54" AN ARC LENGTH OF 67.98 FEET, THENCE TANGENT TO SAID CURVE NORTH 80°42'45j--EAST, 30.12 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLYAND HAVING A RADIUS OF 32.00 FEET,• THENCE EASTERLYALONG LAST SAID CURVE. THROUGH A CENTRAL ANGLE OF 80 46131"AN ARC LENGTH OF 4.90 FEET TO A LINE PARALLEL WITH AND 57.50 FEET NORTHERLY. MEASURED AT RIGHT ANGLES, FROM THAT CERTAIN REVISED CENTERLINE OF SAN BERNARDINO AVENUE SHOWN AS HAVING A BEARING AND DISTANCE OF "NORTH 890 29' 16"EAST 464.18 FEET" ON PARCEL MAP NO, 15911-1, AS PER MAP FILED IN BOOK 197, PAGES 72 THROUGH 79 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG LAST SAID PARALLEL LINE, NORTH 890 29' 16" EAST 402.27 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1015.00 FEET CONTINUED ON SHEET 2 OF 2 APRIL 11, 2007 J.M 2647 SHEET 2 OF 2 EXHIBIT "A" ONT'D) LEGAL DESCRIPTION GRANT OF ROADWAY EASEMENT SOUTHERN CALIFORNIA EDISON COMPANY THENCE EASTERLYALONG LAST SAID CURVE, THROUGH A CENTRAL ANGLE OF 10 17'45-AN ARC LENGTH OF 22.95 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 89° 12-59"EAST 471.43 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 1 OF PARCEL MAP NO. 15565, AS PER MAP FILED IN BOOK 198 PAGES 49 TO 56 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, DISTANT NORTHERLY THEREON 8.58 FEET FROM THE SOUTHWEST CORNER OF SAID LAST MENTIONED PARCEL 1; THENCE ALONG SAID WESTERLY LINE AND ITS SOUTHERLY PROLONGATION, SOUTH 000 30'01"EAST, 18.58 FEET TO A POINT ON THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID PARCEL 1 OF PARCEL MAP NO. 15573; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 OF PARCEL MAP NO. 15573 AND SAID EASTERLY PROLONGATION, SOUTH 890 29' 16" WEST 1217.84 FEET TO THE POINT OF BEGINNING. CONTAINING:31,896 SQUARE FEET OR 0.732 ACRES MORE OR LESS. EXHIBIT"B"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. /V DATE: D. ELLZEY Nt REG. EXP. 06130108 (�SG�G 00- NO. 2767 cXF. 06 '30/ , N,'12647!ESMTDEDICATION3.doc ' Last Update:04111107 � `OF C"l�lfl¢ SCALE:1"=150' EXHIBIT ffBff SHEET 1 OF .1 PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR GRANT OF ROADWAY EASEMENT U) I SOUTHERN CALIFORNIA ED/SON COMPANY RP, '691O.P. UJ L0,m U PARCEL Ad4,F NC. 15573 624) pG.4 / 68 < z 6 00 a) BK w Z PARCEL I PAao RCEL 2 W. LINE PARCEL 1 400.33' P.M. NO. 15573 F. B. 190 95-97 Ln U P.M.B. 190/96-97 773.82' T8 0 U) I N 89'29'16" E T5 Lq 50' C C3 0i iul CO to Tll T14 T2 C2 0 0 1217.84' N 89'29'16" E -c) - - 1� `" * N 8929'16" E 464.18' 0 m 0 L-u SAN V BA ERNA ROINO A Va E REVISED CENTERLINE PER PARCEL MAP ]NO. 1591 1 P.O.B. PARCEL MAP NO. 15911-1 P.M.B. 200 a5-92 SW COR PARCEL 1 P.M.B. 197 / 72-79 P.M. NO. 15573 P.M.B. 190 / 96-97 TANGENT TABLE- LEGEND: NO DISTANCE BEARING INDICATES PORTION OF SAN r7 771 BERNARDINO AVENUE DEDICATED TI 2J.45' N OO*J7J I" W TO THE CITY OF REDLANDS 1A CURVE TABLE T2 186.85' N 88*10'J2" E CONTAINS.- J1,896 SO. FT. -f NO. DEL TA RADIUS LENGTH Tj .32.00' N 0 1*49 28" W O.7J2 ACRES C1 854'07" 32.00' 4,97' T4 ,32.00' N 07'0439" E Lost Updote:04/11/07 C2 16*2154" 238.00' 67.98' T5 27.45' N 82*55 21 " w N:\2600-2699\2647\ESMT\DEDICATION-3\2647_DED3.dwq CJ 8*46'J1" 32.00' 4.90' T6 238.00' N 07'04',39" E T7 238.00' N 09'17'15" W SURVEYOR: C4 I'17 45 1015.00' 22.95' T8 30.12' N 80*4245" E T9 32.00' N 09*17'15" w V-L W PREPARE OF. C TIO 32.00 N 00'30 44 p UNDER THE SUPERWSION < Tl 1 402.27 N 89*2916"'E Cc cl- NO. 2767 712 1015.00 N 00'30'44" W Whienes Engineeting Inc. T13 10 15.00 N 00'4701" E EXP, 06/30/08 T14 471.4J' N 89'1259- W -j. D. E-LLZE-y F7% PATE H5CP.L.S. NO. 2767 T15 18.58' N OO'JO'O I" W E)5�2 REG EXP JUNE 30 2008 TF OF C (71 T16 27 6J' N 0073010 1" W