HomeMy WebLinkAboutDeeds & Easements-40-2007E_CCv0001.pdf Recorded in Official Records.County of San Bernardino 11/0612007
LARRY WALKER 12:20 PM
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jAuditor/Controller — Recorder
RECORDING REQUESTED BY: ., P Counter
SAN BERNARDINO VALLEY Doc#: 2007—0617649 Titles: 1 Pages: 7
MUNICIPAL WATER DISTRICT Fees 0.CIO
Taxes 0,00
Other 0.00
WHEN RECORDED MAIL TO PAID -- —
CITY OF REDLANDS
P.O. Box 30105
Redlands, CA 92373-1505
Attn: Lorrie Poyzer,City Clerk
and
SAN BERNARDINO VALLEY
MUNICIPAL WATER DISTRICT
P.O. Box 5906
San Bernardino, CA, 92412-5906
Attn: Sam Fuller, Chief Engineer
SPACE ABOVE THIS LINE FOR RECORDER'S USE
UTILITY EASEMENT
The City of Redlands, a municipal corporation, ("GRANTOR"), hereby grants to the San
Bernardino Valley Municipal Water District, a municipal water district, ("GRANTEE"), and
its successors and assigns, a permanent utility easement as described below,over, under,
across, and through the Property described in the legal description set forth in EXHIBIT"A"
(the "Property"), and shown on EXHIBIT"B," both of which are attached hereto and by this
reference made a part hereof.
A. GRANTEE rights in the Property:
(1) GRANTEE is granted a Permanent Utility Easement over, under, across and
through the Property for the following purposes: to construct, lay, operate, patrol,
maintain, repair, reconstruct, modify, alter, enlarge, add to, relay, remove and
replace a subsurface utility pipeline or pipelines for transportation of water, sewage
and gas together with all fixtures, communications, data or control facilities,and any
other devices or appurtenances, below the ground surface, except for GRANTOR.
approved facilities, used or useful with respect to said pipelines that GRANTEE may
wish to construct or permit to be constructed. I
Page 1 of 4
(2) it is expressly understood and agreed that GRANTOR, and its successors and
assigns, does not have the right to any use of the Property that is inconsistent with
the uses granted herein to GRANTEE. Inconsistent uses include, but are not limited
to, the following:
(a) Erection or construction of buildings or other structures;
(b) Drilling or excavation, or operation of mines in or through the
upper 300 feet of the subsurface;
(c) Use of explosives;
(d) Erection or construction of solid property or field barriers, such as rock,
cinder block or concrete walls;
(e) Erection or construction of cross fencing within the Property without including
vehicular access gates therein, or the provision of reasonable alternative vehicular
access to GRANTEE.
(3) It is expressly understood and agreed that GRANTOR, and its successors and
assigns, does not have the right, excepting activities associated with citrus farming,
without prior receipt of an encroachment permit from GRANTEE, to make any use of
the Property that would encroach on the uses granted to GRANTEE herein. Permitted
uses of the Property requiring an encroachment permit include, but are not limited to,
the following:
(a) Construction of roadways (other than dirt or gravel roads), installation of
above ground, surface or subsurface utilities, excepting irrigation for citrus
farming, or making any other surface or subsurface alterations or
improvements, excepting activities associated with citrus farming;
(b) Erection or construction of fencing of any kind or nature not prohibited in
Paragraph A(2) above;
(c) Alteration of the ground surface elevation by more than 12 inches,
excepting activities associated with citrus farming.
(4) It is expressly understood and agreed that GRANTOR, and its successors or assigns
does not have the right, without prior written consent of GRANTEE, to grant any
easement or license, or permit any encroachment of any kind whatsoever in or over
the Property.
Page 2 of 4
B. GRANTOR's rights with respect to use of the Property:
GRANTOR, and its successors and assigns, retain all aspects of fee ownership and
the right to make all uses of the Property, including, but not limited to, citrus farming,
access, ingress,and egress over,through, and across said easement parcel and to and
from adjoining parcels, that do not unreasonably interfere with GRANTEE's rights as
described in Paragraphs A(l) above, and as limited and qualified by Paragraphs A(2),
A(3), and A(4) above.
GRANTEE shall not unreasonably withhold an encroachment permit under Paragraph
A(3) above, or consent under Paragraph A(4) above, provided any proposed activity,
construction or improvement is designed in accordance with generally accepted
engineering principles and practices for the protection of GRANTEE's facilities and
GRANTEE's rights as herein granted.
C. Meaning of Permanent Utility Easement.
The term "permanent utility easement" as used herein means GRANTOR has no right
to grant any easements or licenses, or permit encroachments of any kind whatsoever in
or over the Property, except as provided under Paragraphs A(3) and A(4) above.
Page 3 of 4
GRANTOR and GRANTEE, respectively, shall each defend, indemnify and hold harmless
the other from and against any and all claims, actions, damages, liability or losses,
including reasonable attorneys' fees and other professional costs, in connection with loss
of life, personal injury and/or damages to property arising from or out of the negligent
and/or intentionally wrongful acts or omissions of such parties, and their respective officers,
agents, representatives, contractors, employees or invitees.
Document Dated: November 5, 2007
CITY OF REDLANDS, a municipal corporation
By:
JO
'N'KARRISON, Mayor
ATTEST:
X
LO�RRIE PO'Yr -'
Pity Clerk
Page 4 of 4
CERTIFICATE OF ACCEPTANCE OF EASEMENT
This is to certify that the interest in real property conveyed by the attached utility
easement dated November 5, 2007 from the City of Redlands to Sail Bernardino Valley
Municipal Water District, a public agency, is hereby accepted by order of the Board of
Directors, and the grantee consents to the recordation thereof by its duly authorized
officer.
Date: -2s-
San Bernardino Valley Municipal Water District
By: 4L--
GeAeral anagenIV
EXHIBIT A
ALL THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 17558 AS RECORDED IN BOOK
216, PAGES 92 AND 93 OF PARCEL MAPS OF OFFICIAL RECORDS OF THE COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA. DESCRIBED AS FOLLOWS:
A STRIP OF LAND 70.00 FEET IN WIDTH, LYING 35.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT THE CENTERLINE INTERSECTION OF TEXAS STREET AND SAN
BERNARDINO AVENUE, SAID INTERSECTION BEING THE SOUTHWEST CORNER OF
SECTION 15; TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT THEREOF;
THENCE, SOUTH 890 59' 24" EAST, ALONG THE CENTERLINE OF SAID SAN
BERNARDINO AVENUE, A DISTANCE OF 758.19 FEET;
THENCE, NORTH 00° 00' 36" EAST, A DISTANCE OF 53.00 FEET TO THE NORTHERLY
RIGHT-OF-WAY OF SAID SAN BERNARDINO AVENUE; BEING THE TRUE POINT OF
BEGINNING;
THENCE, NORTH 000 00'36" EAST,A DISTANCE OF 92.00 FEET TO THE SOUTH LINE OF
PARCEL 1 OF SAID PARCEL MAP 17558 AS CONVEYED TO THE SAN BERNARDINO
VALLEY MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT, BY GRANT
DEED RECORDED JANUARY 25, 2006 AS INSTRUMENT NO. 20070048871 OF OFFICIAL
RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING THE
NORTHERLY TERMINUS OF THIS LINE.
THE SIDE LINES OF THIS STRIP OF LAND SHALL BE EXTENDED OR SHORTENED SO AS
TO BEGIN ON SAID NORTH RIGHT OF WAY OF SAN BERNARDINO AVENUE AND END ON
THE SOUTH BOUNDARY OF SAID PARCEL 1.
CONTAINING 0.15 ACRES, MORE OR LESS.
PREPARED UNDER THE SUPERVISION OF:
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