HomeMy WebLinkAboutDeeds & Easements-3-1999E_CCv0001.pdf STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES THE RESOURCES AGENCY
, California Project: East Branch Extension
' 19- Feature. Reach I
City of Redlands Parcel No.: SGP-8
W.O. No: 5165-8011
Grantor
RIGHT OF WAY CONTRACT
Document No. SGP-8, in the form of a Permanent Exclusive Pipeline Easement Deed covering that
property particularly described in the above instrument has been executed and delivered to William L. Gallup,
Land Agent for the State of California.
In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows:
1. a. The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said document and shall relieve State of all
further obligations or claims on this account, or on account of the location, grade or construction
of the proposed public improvement.
b. State requires Parcel SGP-8 for the construction of the East Branch Extension of the State Water
Project, a public use for which State may exercise the power of eminent domain. Grantor is
compelled to sell, and State is compelled to acquire said Parcel.
Both Grantor and State recognize the expense, time, effort, and risk to both Grantor and State in
determining the compensation for said Parcel 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. State shall:
a. Pay the undersigned Grantor the sum of$3,000 for the property or interest conveyed by above
document(s)when title to said property vests in the State free and clear of all liens, encumbrances,
assessments, easements, leases(recorded and/or unrecorded), 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) Covenants, conditions, restrictions and reservations of record, or contained in the above-
referenced Deed,
(3) Easements or rights of way over said land for public or quasi-public utility or public
purposes, if any,
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, limited to one percent of the compensation due
under this transaction, for any full reconveyance of deed of trust or full release of mortgage,
C. Have the authority to deduct and pay from the amount shown in Paragraph 2a above, any or all
monies payable under this agreement to discharge any obligations which are liens upon the property,
including but not limited to those arising from judgments, assessments, delinquent taxes for other
than the tax year referred to in Paragraph 2a(1), or debts secured by deeds of trust or mortgages,
except those items listed in Paragraph 2a hereof, and/or to defray any other incidental costs other
than those specified in Paragraph 2b hereof.
DWR 995(Rev.8194)Page 1 of 3
3. Title to said property shall pass immediately upon close of escrow. The issuance of any escrow
instructions shall be the sole responsibility of State.
4, Grantor warrants that there are no oral or written leases on all or any portion of the property exceeding a
period of one month, and Grantor further agrees to hold State harmless and reimburse State for any and
all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of
Grantor for a period exceeding one month, except as may be otherwise provided herein.
5. It is agreed that State shall have immediate possession and use of the subject lands effective as of the
date this contract is accepted by State. The Temporary Construction Easement shall remain in effect for
the subsequent 2.5 years from the date this contract is accepted by State. Compensation as set forth in
Paragraph 2a herein, shall accrue simple annual interest at the State's Pooled Money Investment Account
Rate(as computed by the State Controller) from the date of possession until a warrant is issued by the
State Controller to the escrow account.
6. 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 be on deposit in said action.
7. To the best of Grantor's knowledge 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, or under the property. Grantor further represents and warrants that
Grantor has no knowledge of disposal, release, or threatened release of hazardous substances on, from,
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 or use of hazardous substances on the property.
Grantor has not used the property for any industrial operations that use hazardous substances. Grantor is
not aware of any such prior use of the property.
Grantor has not installed any underground storage tanks, aboveground storage tanks, barrels, sumps,
impoundments or other containers used to contain hazardous substances on any part of the property.
Grantor is not aware of any such prior installations.
For the purposes of this paragraph, the term "hazardous substances" shall mean any substance which at
any time 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, material or waste product whose presence, nature
or quality is potentially injurious to public health, safety, welfare, property or the environment. 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 of hazardous substances. If the property being acquired is found to be contaminated by a
hazardous substance which may require remediation under federal or State law, the State may elect to
recover its clean-up costs from those who caused or contributed to the contamination.
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 the State and its
successors and assigns.
DWR 955(Rev.8/94)Page 2 of 3
State's obligation to consummate the purchase of the property is subject to the completion and approval
by the State(which completion will not be unreasonably delayed and approval will not be unreasonably
withheld)of a Phase I Environmental Assessment Report which concludes that the assessment has
revealed no evidence of any recognized adverse environmental conditions, including but not limited to the
presence of hazardous materials, in connection with the property. State may, at its own discretion, waive
this condition in writing.
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN SHALL BE RECOGNIZED.
IN WITNESS WHEREOF, the parties have executed this contract.
GRANTOR
William E. Cunningham ► Lorrie Poyzer
Mayor City Clerk
Date: February 4, 1999 Date: February 4 199 ?
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
money payable shall be paid to said Grantor as herein set forth.
I- 1
Date: Date:
DEPARTMENT OF WATER RESOURCES
RECOMMENDED FOR APPROVAL: APPROVED:
By:W
William L. Gallup, Associate Land Agent Frank. L. Conti, Chief
Division of Land and Right of Way
James P. Schindler, Senior Land Agent Date:
Veronica G. Hicks, Chef
Real Estate Branch
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