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Home My WebLink AboutDeeds & Easements-19-2010E_CCv0001.pdf ' ~ State cdCalifornia DEPARTMENT 0+WATER RESOURCES California Natural Resources Agency Grantor: City ofRedlands Project: East Branch Extension, Phase I Improvements Project Parcel No.: �� n� ��lF ��"��" " " ��" ��" ��~�. . R .C . Document No. SGP-71 Units Aand Bin the form ofePermanent Pipeline Easement Deed, Unit C in the form of Permanent Drainage Easement Deed, and Units D, E, and F in the form of Temporary Construction Easement Deeds covering a portion of that property particularly described in the above instrument has been executed and delivered to Brian Whitaker, Associate Land Agent for the State ufCalifornia. In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows: 1 o. The parties have herein set forth the whole oftheir agreement. The performance ofthis agreement constitutes the entire consideration for said document and shall relieve STATE of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. b. STATE requires Parcel No. S6P-71 Units A. B. C. D. Eand Ffor the construction nfthe East Branch Extension, Phase I Improvements Project, a public use for which STATE may exercise the power of eminent domain. Grantor \ocompelled 10sell, and STATE iscompelled toacquire 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 is in compromise and settlement in lieu of such litigation. ` 2� STATE shall: a. Pay the sum of$30,300 for the property described in said document to the following title company: First American Title Company for the account of Grantor, Escrow No. 0623-3125810 conditioned upon the property vesting in the STATE free and clear of all liens, leases, encumbrances, easements, (recorded and/or unrecorded). assessments, 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 document. (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 the STATE, including but not limited to recording fees, title insurance charges, reconveyance fees, trustee's fees,forwarding fees and prepayment penalties. 3. Pursuant to Section 1263.025 of the Civil Code of Procedure, Grantor is entitled to obtain an independent appraisal and to be reimbursed for the actual reasonable cost of the appraisal up to$5,000 if certain conditions are met. For further information on the requirements for reimbursement, contact Associate Land Agent Brian Whitaker at(B1S)853'9GO7� oWRg9s(Rev.u09) Page of ° ~ 4. Title tosaid property shall pass immediately upon close ofescrow. The issuance ofany escrow instructions shall bethe sole responsibility ofSTATE. 5� 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 ofits 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 onmay beotherwise provided herein. & 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 beondeposit insaid action. 7. To the best ofGrantor's knovv|edgo. Grantor represents and warrants the following: During the Grantor's ownership of the property, there have been no disposals, releases, or threatened releases of hazardous substances on, from, orunder the property. There is no pending claim, lawsuit, agency proceeding, or any administrative challenge concerning the presence oruse ofhazardous substances omthe property. Grantor has not used the property for any industrial operations that use hazardous substances. 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. 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 Rosponoe. ConnpensoUonandLiabi|ityAct(CERCLA) (42USCG§8Q01. otseq.). orntherfedene| orStaLe |avv. or any other substance,chemical, material or waste product whose presence, nature or quality is potentially injurious tothe public health, safety, welfare, the environment orthe property. 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. ShetmhosperfonnedaPhane (—SituAssesamentoftheproperty. ThnPheao | —SibuAomessnnontindudeda ground level visual inspection and research of available public records and did not indicate the presence of any Hazardous Materials. A Phase I— Site Assessment does not preclude the existence of Hazardous Material below the surface or Hazardous Materials that would be identified in a more thorough examination of the property. 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 STATE and its successors and assigns. & PHASE f—ENVIRONMENTAL ASSESSMENT REPORT: STATE'uobligation toconsummate the purchase nf 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 material in connection with the property. STATE may, atits own discretion,waive this condition in writing. g� This contract may be modified, changed, or rescinded only by an instrument in writing executed by the parties hereto. 10� RIGHT OF ENTRY: It is understood and agreed that should GRANTOR and STATE execute a Right of Entry for construction purposes, said Right VfEntry shall remain |nfull force and effect until transfer oftitle otclose nf escrow. Compensation as set forth in Clause 2.a. herein shall accrue simple annual interest from the date the Right ofEntry iusigned by State's Chief ofthe Real Estate Brunch at the State Surplus Money Investment Fund rate(as computed by the State Controller) until a warrant is issued to the escrow account. 11 IMMEDIATE POSSESSION: It is agreed that STATE shall have immediate possession and use of the subject lands effective aoofthe date this contract ieaccepted bySTATE. DYVR8o5(Rev.2N9) Page 2o(3 12� (tisunderstood and agreed that GRANTOFysrights hzthe easement area shall remain superior and have precedent. GRANTOR shall retain the right to make any use of the easement Parcels except those uses that are inconsistent with uses granted to STATE. GRANTOR shall not be required to obtain an Encroachment Permit from ST/(7E adany time for activities within Easement areas that are consistent with uses granted to 8T/TE. In accordance with State Water Code Section 12899 GRANTOR shall notify STATE and submit their plans to STATE for review and allow STATE 3Odays tocomment. The foregoing representat,ions 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 STATE and its successors and assigns. This contract is subject bothe approval of the State of California. NOOBLIGATION OTHER THAN THOSE SET FORTH HEREIN SHALL BERECOGNIZED. |NWITNESS WHEREOF,the parties have executed this contract. GRANTOR: City ofRedlands Date� October 26, 2010 Date: / ` Department of Water Resources ENDID: APPROVED: bate Linus A, Paulus, Senior Land Agent Date Divisio of Engineering Date: r[ Farris, CiCef bate eal Estate Branch DWRg95(Rev.2/09) Page 3nf3