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HomeMy WebLinkAboutDeeds & Easements-36-2007E_CCv0001.pdf Recorded in Official Records,County of San Bernardino 10/26/2007 LARRY WALKER Ua9 PM RECORDING REQUESTED BY Auditor/Controller — Recorder AND WHEN RECORDED MAIL TO: R Regular Dail Doc#: 2007—0603348 Titles: 1 Pages, 7 CITY CLERK Fees 0.00 Taxes 0.00 CITY OF REDLANDS Other 0.00 P.Q. BOX 3005 PAID $0.00 REDLANDS CA 92373-1505 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 61 03 GRANT OF EASEMENT FOR WATER LINE The undersigned Bear Valley Mutual Water Company, a corporation("Grantor"), for valuable consideration,the receipt of which is hereby acknowledged, hereby grants to the CITY OF REDLANDS ("Grantee"), a California municipal corporation, its successors and assigns, an exclusive and permanent easement of right-of-way in,below, upon,over,across, and through the lands hereinafter described for the purpose of location, laying,relaying, removing, relocating, constructing, reconstructing, maintaining, operating, inspecting, modifying,patrolling, adding to, and repairing a subsurface utility pipeline or pipelines, and all fixtures,communications, data or control facilities, and any other devices or appurtenances incidental thereto for use in connection therewith, for the transmission and distribution of water and all uses and purposes incidental thereto, together with the right of ingress and egress therefrom, to and along said right-of-way, together with the right to clear and keep clear the right-of-way. It is expressly understood and agreed that Grantor, its successors or assigns, do not have the right to any use of the easement parcel that is inconsistent with the uses granted to Grantee herein. Inconsistent uses include,but are not limited to the following: erection,construction or maintenance of buildings or other structures; the use or storage of explosives; drilling,excavation, or mines; trees; erection or construction of solid property or field barriers such as rock, cinder block or concrete walls, or cross fencing without including vehicular gates, and other material or growths detrimental to the uses herein granted The lands in which such easement of right-of-way is hereby granted are situated in the County of San Bernardino, State of California, and particularly described as follows: See EXHIBIT "A" attached hereto. The route of said easement of right-of-way across the aforesaid lands shall be as follows: See EXHIBIT "B" attached hereto. It is expressly agreed that the Grantor shall have the right, at its own risk, to use the surface of the night-of-way hereby granted for agricultural uses except for the planting and growing of trees; and the right to cross or make use of the surface in a manner not detrimental to-the installation, construction, operation, inspection, repair, maintenance and replacement of a pipe line or pipe lines, or to any other purposes and uses as are necessary or incidental to the construction, maintenance and operation of the Grantee's proposed pipe line or pipe lines. The Grantor hereby agrees for himself, his successors or assigns, that he will not plant trees or construct or cause to be constructed and maintained any buildings or structures of any nature or kind within ten feet of said pipe line; or store or permit to be stored or use upon said right-of-way any blasting supplies or explosives commonly used for blasting purposes. The Grantee hereby agrees that it will avoid unreasonable interference with the use by Grantor and his successors of said right-of-way, and agrees not to fence the same, and agrees that the Grantor may enjoy the surface of the land herein described, subject to the conditions above stated*, and agrees to pen-nit the installation by the Grantor of water pipes reasonably required for Grantor's use on his said property over and across the night- of-way in a manner which will not interfere with the Grantee's pipe lines and operations, provided, if the location is to be under Grantee's pipe line, it must be installed subject to Grantee's supervision and approval, and the Grantee agrees, after the installation of its pipe lines, to restore the surface grade above the pipe to as near the original elevation as practicable. All presently installed utilities will be interfered with as little as possible and if interrupted will be promptly restored to use at the expense of the Grantee. Executed this /7 day of 12007 Bear Valley Mutual Water Company, a corporation By: Robert A. Hinze, President By: Michael L. Huffstutler, General Manager Attest: ' . � NOTARY ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF Sun Bernardino ) O me |\y appeared. 8o6er A. 8iooe and Michael L. Huffstutler personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(�) whose name(s)4a/aresubscribed tothe within instrument and acknowledged to me that executed the same in hill;4*ydtheir authorized oepuoib/(ies), and that by his/her/their signahunakA on the instrument the person(s), or the entity upon behalf of which the persoll acted, executed the instrument. WITNESS noyhand and offioiel seal. HAT commil Ill 1715612 Signature | CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property to be conveyed to the City of Redlands, a Municipal Corporation, dated October 17, , 2007, from Bear Valley Mutual Water Company, a Corporation, is hereby accepted and the City consents to recordation thereof by its duly authorized officer. Dated: I � October 23 , 2007 � ' City Man er City of Redlands EXHIBIT"A„ WATER LINE EASEMENT ALL THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 15 AS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 120 OF RECORDS OF SURVEY, PAGE 2, RECORDS OF SAID COUNTY,THENCE NORTH 00029'05"WEST 911.00 FEET ALONG THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 15 TO THE POINT OF BEGINNING: THENCE NORTH 8947'21"WEST 382.13 FEET; THENCE SOUTH 36°27'23"WEST 186.96 FEET; THENCE SOUTH 7316'51" EAST 25.31 FEET, THENCE SOUTH 16°43'09"WEST 100.00 FEET; THENCE NORTH 73016'51"WEST 50.00 FEET TO THE MOST SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND GRANTED TO THE CITY OF REDLANDS BY GRANT DEED RECORDED JUNE 28, 1988 AS INSTRUMENT NO. 88-208613, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 1643'09" EAST, ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL,50.00 FEET; THENCE NORTH 7316'51"WEST, ALONG THE NORTHEASTERLY LINE OF SAID PARCEL, 50.00 FEET; THENCE NORTH 16°43'09" EAST,ALONG THE NORTHWESTERLY LINE OF SAID PARCEL, 50.00 FEET; THENCE SOUTH 73°16'51" EAST 53.44 FEET; THENCE NORTH 36°27'23"EAST 204.27 FEET; THENCE SOUTH 89°47'21" EAST 392.02 FEET TO SAID EAST LINE OF THE NORTHWEST 1/4 OF SECTION 15; THENCE SOUTH 00°29'05" EAST 20.00 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE DEDICATED RIGHT-OF-WAY OF ORANGE STREET. AREA: PREPARED BY: MARK E WHITivIMARK S.WHITMER, L.S. NO. 5535 o. 5535 Expires: 9.30-08 DATE: OF CA