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Home My WebLink AboutStreet Sewer and Storm DrainALBERT A. WEBB ASSOCIATES 3788 McCRAY STREET, RIVERSIDE, CALIFORNIA 92506 TELEPHONE (951) 686-1070 FAX (951)779-6153 www.webbassociates.com Email : nicole.fierro@webbassociates.com TO: City of Fontana 8353 Sierra Avenue Fontana, CA 92335 TRANSMITTED: VIA: Overnite Express (909) 350-7600 LETTER OF TRANSMITTAL DATE: W.O. NO.: 2004-0405 February 07, 2008 FILE NO.: 1339.0070 1 ATTENTION : Mr. Edgar Casasola RE: Payment Request No. 8 for Shady Trails CFD No. 31 Payment Request No. 8 - MWD Easements Three (3) Copies THESE ARE TRANSMITTED AS CHECKED BELOW FOR APPROVAL NA OTHER: and Payment FOR YOUR USE AS REQUESTED 7 FOR REVIEW AND COMMENT NOTES / COMMENTS: Please review and submite for payment. Should you have any questions please feel free to give me a call. COPY TO: Garth Chambers SC Fontana Development Corporation 909-579-1282 w/enc Nicol Fierro Project Coordinator NF/NF IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE. NOTICE: Due to the fact that email, discs or other electronic media can deteriorate or can be tampered with or damaged, use of this media or any attachments by anyone without approval of A.A. Webb Associates and verification of its content shall be at the user's sole risk and A.A. Webb Associates shall have no liability therefor. The user agrees to release and hold A.A. Webb Associates harmless from all liability arising from such unauthorized use or from any changes made to the media by the user. Transmittal or delivery of this electronic media shall not constitute a waiver or assignment of any copyright or Intellectual property rights of A.A. Webb Associates. This electronic message or disc and any attachments may contain PRIVILEGED, CONFIDENTIAL or otherwise LEGALLY PROTECTEDINFORMATION intended solely for the use of the intended recipient. If the reader of this message is not believed to be the intended recipient, you are hereby notified that any disclosure, dissemination, distribution, copying or other use of this message, disc or any attachments is strictly prohibited. If you have received this material in error, please notify the sender immediately by telephone at 951-888-1070 or by email, and permanently delete this material and all copies or backups thereof. Thank you. Z Page 1 of 6 Edgar Casasola From: garth.chambers@lewisop.com Sent: Thursday, February 07, 2008 11:38 AM To: Edgar Casasola Cc: Greg Bucknell; Noel Castillo; Nicole Fierro; Phil Lemoine; Wally Franz; Yousuf Patanwala Subject: RE: FW: MWD Easements All the back up is provided in the actual draw. Just a quick overview, our perimeter public streets at Shady Trails encroached into MWD easements they owned in fee. Our entry permits with MWD requires us to reimburse them at market value for land encroaching their easement. Greg, has approved this as a CFD ROW acquisition item, so we are processing a draw. MWD has been all over Greg and myself about there reimbursement, so anything to expedite the process would be appreciated. Let me know if you have any questions. MWD wants the check cut directly to them, so is that possible? Thanks, Garth L. Chambers Project Manager Planned Communities Lewis Community Developers 1156 N. Mountain Ave. P.O. Box 670 Upland,CA 91785 909.579.1282 Direct 909.949.6763 Fax 909.297.9577 Cell garth.chambers@lewisop.com "Edgar Casasola" <ecasasola@fontana.org> 02/07/2008 09:35 AM Garth/Phil, To <garth.chambers@lewlsop.com>, "Phil Lemoine" <Phil. Lemoine@webbassociates.com> cc "Nicole Fierro"<nicole.fierro@webbassociates.com>, "Wally Franz" <wally.franz@webbassociates.com>, "Greg Bucknell" <gbucknel@fontana.org>, "Yousuf Patanwala" <ypatanwa@fontana.org>, "Noel Castillo" <ncastillo@fontana.org> Subject RE: FW: MWD Easements I am not aware of MWD Easement Draw request. Since I will be involved with this process, I need some updates from you to understand what this draw request is all about. Please provide as much back up information as possible to minimize questions and delays.. 2/7/2008 Page 2 of 6 Edgar I. Casasola, MAM City of Fontana Department of Engineering Construction Section Office (909) 350-6598 Fax (909) 350-6618 From: garth.chambers@lewisop.com[mailto:garth.chambers@lewisop.com] Sent: Thursday, February 07, 2008 7:53 AM To: Phil Lemoine Cc: Edgar Casasola; Nicole Fierro; Wally Franz; Greg Bucknell Subject: RE: FW: MWD Easements I don't think Edgar is up to speed on this request, so I just want to make sure the City is on the same page. Thanks, Garth L. Chambers Project Manager Planned Communities Lewis Community Developers 1156 N. Mountain Ave. P.O. Box 670 Upland,CA 91785 909.579.1282 Direct 909.949.6763 Fax 909.297.9577 Cell garth.chambers@lewisop.com "Phil Lemolne" <Phil.Lem oine@webbassociates.com> 02/07/2008 07:50 AM To <garth.chambers@lewisop.com> cc "Edgar Casasola" <ecasasola@fontana.org>, "Nicole Fierro" <nicole.fierro@webbassociates.com>, "Wally Franz"<wally.franz@webbassociates.com> Subject RE: FW: MWD Easements Absolutely, if that's who it needs to go to. 2/7/2008 Page 3 of 6 Phil Lemoine Construction Manager Albert A. Webb Associates 951-686-1070 phil.lemoine@webbassociates.com From: garth.chambers@lewisop.com[mailto:garth.chambers@lewisop.com] Sent: Thursday, February 07, 2008 7:47 AM To: Phil Lemoine Cc: Edgar Casasola; Nicole Fierro; Wally Franz Subject: Re: FW: MWD Easements Is this request going through Greg Bucknell, since the payment needs to be directly to MWD? Thanks, Garth L. Chambers Project Manager Planned Communities Lewis Community Developers 1156 N. Mountain Ave. P.O. Box 670 Upland,CA 91785 909.579.1282 Direct 909.949.6763 Fax 909.297.9577 Cell garth.chambers@lewisop.com "Phil Lemolne" <Ph II.Lem olne@webbassoclates.com> 02/07/2008 07:43 AM To <garth.chambers@Iewisop.com>, "Edgar Casasola" <ecasasola@fontana.org> cc "Wally Franz" <wally.franz@webbassociates.com>, "Nicole Fierro" <nicole.fierro@webbassoclates.com> Subject FW: MWD Easements Garth, I was just informed by Nicole that we received the MWD draw from Lewis yesterday, and it has not been forwarded to the City yet. It will be sent today. 2/7/2008 Page 4 of 6 Phil Lemoine Construction Manager Albert A. Webb Associates 951-686-1070 phil.lemoine@webbassociates.com From: Phil Lemoine Sent: Thursday, February 07, 2008 7:15 AM To: Edgar Casasola Subject: FW: MWD Easements Edgar, What is the status of the MWD draw? Please advise Phil Lemoine Construction Manager Albert A. Webb Associates 951-686-1070 phil.lemoine@webbassociates.com From: garth.chambers@lewisop.com[mailto:garth.chambers@Iewisop.com] Sent: Wednesday, February 06, 2008 4:14 PM To: Paul Norlen Cc: Phil Lemoine; Greg Bucknell Subject: Re: MWD Easements Draw has been submitted to the City. The City should be in a position to release the funds. Phil, please confirm. Original Message From: "Norlen,Paul C" [pnorlen@mwdh2o.com] 2/7/2008 Page 5 of 6 Sent: 02/06/2008 10:53 AM PST To: Garth Chambers Subject: MWD Easements Garth, what is the status of the payment for the easements? Thanks, Paul Norlen Notice: Due to the fact that email, discs or other electronic media can deteriorate or can be tampered with or damaged, use of this media or any attachments by anyone without approval of A.A. Webb Associates and verification of its content shall be at the user's sole risk and A.A. Webb Associates shall have no liability therefore. The user agrees to release and hold A.A. Webb Associates harmless from all liability arising from such unauthorized use or from any changes made to the media by the user. Transmittal or delivery of this electronic media shall not constitute a waiver or assignment of any copyright or intellectual property rights of A.A. Webb Associates. This electronic message or disc and any attachments may contain PRIVILEGED, CONFIDENTIAL or otherwise LEGALLY PROTECTED INFORMATION intended solely for the use of the intended recipient. If the reader of this message is not believed to be the intended recipient, you are hereby notified that any disclosure, dissemination, distribution, copying or other use of this message, disc or any attachments is strictly prohibited. If you have received this material in error, please notify the sender immediately by telephone at 951-686-1070 or by email, and permanently delete this material and all copies or backups thereof. Thank you. 2/7/2008 Page 6 of 6 Notice: Due to the fact that email, discs or other electronic media can deteriorate or can be tampered with or damaged, use of this media or any attachments by anyone without approval of A.A. Webb Associates and verification of its content shall be at the user's sole risk and A.A. Webb Associates shall have no liability therefore. The user agrees to release and hold A.A. Webb Associates harmless from all liability arising from such unauthorized use or from any changes made to the media by the user. Transmittal or delivery of this electronic media shall not constitute a waiver or assignment of any copyright or intellectual property rights of A.A. Webb Associates. This electronic message or disc and any attachments may contain PRIVILEGED, CONFIDENTIAL or otherwise LEGALLY PROTECTED INFORMATION intended solely for the use of the intended recipient. If the reader of this message is not believed to be the intended recipient, you are hereby notified that any disclosure, dissemination, distribution, copying or other use of this message, disc or any attachments is strictly prohibited. If you have received this material in error, please notify the sender immediately by telephone at 951-686-1070 or by email, and permanently delete this material and all copies or backups thereof. Thank you. 2/7/2008 1 Page 1 of 5 Edgar Casasola To: garth.chambers@Iewisop.com; Phil Lemoine Cc: Nicole Fierro; Wally Franz; Greg Bucknell; Yousuf Patanwala; Noel Castillo Subject: RE: FW: MWD Easements Garth/Phil, am not aware of MWD Easement Draw request. Since I will be involved with this process, I need some updates from you to understand what this draw request is all about. Please provide as much back up information as possible to minimize questions and delays.. Edgar I. Casasola, MAM City of Fontana Department of Engineering Construction Section Office (909) 350-6598 Fax (909) 350-6618 From: garth.chambers@lewisop.com [mailto:garth.chambers@lewisop.com] Sent: Thursday, February 07, 2008 7:53 AM To: PhD Lemoine Cc: Edgar Casasola; Nicole Fierro; Wally Franz; Greg Bucknell Subject: RE: FW: MWD Easements I don't think Edgar is up to speed on this request, so I just want to make sure the City is on the same page. Thanks, Garth L. Chambers Project Manager Planned Communities Lewis Community Developers 1156 N. Mountain Ave. P.O. Box 670 Upland,CA 91785 909.579.1282 Direct 909.949.6763 Fax 909.297.9577 Cell garth.chambers@lewisop.com "Phil Lemoine" <Phil.Lemolne@webbassociates.com> To 2/7/2008 Page 2 of 5 02/07/2008 07:50 AM Absolutely, if that's who it needs to go to. Phil Lemoine Construction Manager Albert A. Webb Associates 951-686-1070 phil.lemoine@webbassociates.com <garth.chambers@Iewisop.com> cc "Edgar Casasola" <ecasasola@fontana.org>, "Nicole Fierro" <nicole.fierro@webbassociates.com>, "Wally Franz" <wally.franz@webbassociates.com> Subject RE: FW: MWD Easements From: garth.chambers@lewisop.com[mailto:garth.chambers@Iewisop.com] Sent: Thursday, February 07, 2008 7:47 AM To: Phil Lemoine Cc: Edgar Casasola; Nicole Fierro; Wally Franz Subject: Re: FW: MWD Easements Is this request going through Greg Bucknell, since the payment needs to be directly to MWD? Thanks, Garth L. Chambers Project Manager Planned Communities Lewis Community Developers 1156 N. Mountain Ave. P.O. Box 670 Upland,CA 91785 909.579.1282 Direct 909.949.6763 Fax 909.297.9577 Cell garth.chambers@lewisop.com "Phil Lemolne" 2/7/2008 7' Page 3 of 5 <Phll.Lemolne@webbassoclates.com> 02/07/2008 07:43 AM To <garth.chambers@lewisop.com>, "Edgar Casasola" <ecasasola@fontana.org> cc "Wally Franz"<wally.fanz@webbassociates.com>, "Nicole Fierro" <ncole.fierro@webbassociates.com> Subject FW: MWD Easements Garth, I was just informed by Nicole that we received the MWD draw from Lewis yesterday, and it has not been forwarded to the City yet. It will be sent today. Phil Lemoine Construction Manager Albert A. Webb Associates 951-686-1070 phil.lemoine@webbassociates.com From: Phil Lemoine Sent: Thursday, February 07, 2008 7:15 AM To: Edgar Casasola Subject: FW: MWD Easements Edgar, What is the status of the MWD draw? Please advise Phil Lemoine Construction Manager Albert A. Webb Associates 951-686-1070 phil.lemoine@webbassociates.com 2/7/2008 Page 4 of 5 P From: garth.chambers@lewisop.com[mailto:garth.chambers@Iewisop.com] Sent: Wednesday, February 06, 2008 4:14 PM To: Paul Norlen Cc: Phil Lemoine; Greg Bucknell Subject: Re: MWD Easements Draw has been submitted to the City. The City should be in a position to release the funds. Phil, please confirm. Original Message ---- From: "Norlen,Paul C" [pnorlen@mwdh2o.com] Sent: 02/06/2008 10:53 AM PST To: Garth Chambers Subject: MWD Easements Garth, what is the status of the payment for the easements? Thanks, Paul Norlen Notice: Due to the fact that email, discs or other electronic media can deteriorate or can be tampered with or damaged, use of this media or any attachments by anyone without approval of A.A. Webb Associates and verification of its content shall be at the user's sole risk and A.A. Webb Associates shall have no liability therefore. The user agrees to release and hold A.A. Webb Associates harmless from all liability arising from such unauthorized use or from any changes made to the media by the user. Transmittal or delivery of this electronic media shall not constitute a waiver or assignment of any copyright or intellectual property rights of A.A. Webb Associates. This electronic message or disc and any attachments may contain PRIVILEGED, 2/7/2008 Page 5 of 5 CONFIDENTIAL or otherwise LEGALLY PROTECTED INFORMATION intended solely for the use of the intended recipient. If the reader of this message is not believed to be the intended recipient, you are hereby notified that any disclosure, dissemination, distribution, copying or other use of this message, disc or any attachments is strictly prohibited. If you have received this material in error, please notify the sender immediately by telephone at 951-686-1070 or by email, and permanently delete this material and all copies or backups thereof. Thank you. Notice: Due to the fact that email, discs or other electronic media can deteriorate or can be tampered with or damaged, use of this media or any attachments by anyone without approval of A.A. Webb Associates and verification of its content shall be at the user's sole risk and A.A. Webb Associates shall have no liability therefore. The user agrees to release and hold A.A. Webb Associates harmless from all liability arising from such unauthorized use or from any changes made to the media by the user. Transmittal or delivery of this electronic media shall not constitute a waiver or assignment of any copyright or intellectual property rights of A.A. Webb Associates. This electronic message or disc and any attachments may contain PRIVILEGED, CONFIDENTIAL or otherwise LEGALLY PROTECTED INFORMATION intended solely for the use of the intended recipient. If the reader of this message is not believed to be the intended recipient, you are hereby notified that any disclosure, dissemination, distribution, copying or other use of this message, disc or any attachments is strictly prohibited. If you have received this material in error, please notify the sender immediately by telephone at 951-686-1070 or by email, and permanently delete this material and all copies or backups thereof. Thank you. 2/7/2008 MWD METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Executive Office October 15, 2007 Mr. Gregory J. Bucknell, PE City of Fontana Department of Engineering, Development Section 8353 Sierra Avenue Fontana, CA 92335 Dear Mr. Bucknell: Transmittal of Easements R.L. 2323, 2448 and 2454 4‘ ,J). ?ke,11 10\/;froil‘ Easements R.L. 2323, 2448 and 2454 Foothill Feeder/Rialto Pipeline and Etiwanda Pipeline MWD Parcel Nos. 1606-25-1, 9, 21 & 29; 1606-26-25, 26 & 29; 1607-1- 1, 3, & 5 (Ptns.) //7Ct 11C-e Vet C-7' /flaI /lye.1646(cF Transmitted are copies of Easements R.L. 2323, 2448 and 2454 allowing public roads and utilities along and across property owned in fee by The Metropolitan Water District of Southern California (Metropolitan). The requisite consideration for the easements is $274,500. Please remit a check for this amount payable to The Metropolitan Water District of Southern California, mailed to Post Office Box 54153, Los Angeles, CA 90054-0153, with Easements R.L. 2323, 2448, and 2454 noted on the check and on the face of the envelope. The original Easements will be forwarded to you when the check is received. Should you have any questions regarding this matter, please call me at telephone (213) 217-7665. Very truly yours, Paul C. Norlen Senior Real Estate Representative Property Management Team PCN:lm j:\WA4631\Transmittal.doc Enclosures are-6 awn •6er� f oJ• ec/ /Ll/?a. J9/ 46,01-6 1 /t '/7?CYf1f' J b'! (oer5akits.sibg dAe 4--;-1b7;ie-tv, or461-rfo-e74/4 )1---0 kit?. e/ ////ei 4,t Rs Ailailtes idecti a .- 700 N. Alameda Street, Los Angeles, California 90012 • Mailing Address: Box 54153, Los Angeles, California 90054-0153 • Telephone (213) 217-6000 Recorded at the Request of THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA When Recorded Mail to THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Post Office Box 54153 Los Angeles, CA 90054 Attention: Asset Management DOCUMENTARY TRANSFER TAX $ None (Exempt --Section 11922, California Revenue and Taxation Code) PERMANENT EASEMENT DEED RL 2454 Foothill Feeder/Rialto Pipeline MWD Parcel Nos.1606-25-1, 9, 21 & 29 APN No. 1107-262-16, 18, 25 & 26 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, hereinafter referred to as Grantor, hereby grants to CITY OF FONTANA, hereinafter referred to as Grantee, a permanent easement for public street and utility purposes over and across real property of Grantor located in the City of Fontana, County of San Bernardino, State of California, hereinafter referred to as Property. Said Property is described on Exhibit "A" and shown on Exhibit "B," attached hereto and incorporated herein by reference. This easement is granted subject to the following terms and conditions: 1. It is subject to Grantor's paramount right to use the Property for the purposes for which it was acquired. 2. Grantee shall submit, in advance, all plans for installation and construction or reconstruction of Grantee's facilities to Grantor for review and written approval. All plans shall show the location and size of Metropolitan's rights -of -way and the location and size of Metropolitan's pipeline or other facilities therein. Grantee shall not plant, or allow to be planted, any trees on the Property. 3. Grantee shall not change the existing grade or otherwise modify the topography of Property affected by this easement without prior written consent of Grantor. 4. This paragraph intentionally left blank. Permanent Easement -2- MWD Parcel Nos. 1606-25-1, 9, 21 & 29 5. Grantor's access over and across this easement shall be reasonably maintained by Grantee during the term of this easement. Grantee shall provide a means to allow Grantor to place its lock on any gates constructed hereon. 6. Grantee shall, at its sole cost and expense, keep Property free of noxious weeds and trash, and shall comply with all applicable laws and regulations concerning the use of Property. In accordance with provisions of this grant and California Civil Code Section 845, it is the duty of Grantee to maintain the easement. 7. Grantor purchased the Property in fee for its existing and/or future facilities. Any additional costs incurred for construction, reconstruction, maintenance and use of the existing and/or future facilities and appurtenances on Property and/or Grantor's adjacent property attributable to the presence of Grantee's improvements shall be borne by Grantee. In the event that it will be necessary for Grantor's facilities to be relocated or protected as a consequence of the easement, Grantee shall bear all related costs. 8. Grantor shall not be required to contribute any part of the costs of street improvements on the Property, and, furthermore, if Grantor is included in an assessment district to pay such costs, Grantee shall reimburse Grantor for any assessment therefor levied upon it. 9. Grantee assumes all risk of loss to itself, which in any manner may arise out of the use of the easement. Further, Grantee shall indemnify and defend Grantor and its directors, officers, and employees against any liability and expenses, including the reasonable expense of legal representation whether by special counsel or by Grantor's staff attorneys, resulting from injury to or death of any person, or damage to any property, including property of Grantor, or damage to any other interest of Grantor, including but not limited to suit alleging noncompliance with any statute or regulation which in any manner may arise out of the granting of this easement, or use by Grantee of the easement or any adjoining land used with the easement. 10. In the event of abandonment by Grantee of the rights granted herein, they shall terminate, and Grantee shall thereupon, without cost to Grantor, restore Property to a condition as near as possible to that which existed prior to Grantee occupancy, and deliver to Grantor a quitclaim of such rights. Nonuse for a period of three years shall constitute conclusive evidence of such abandonment. Permanent Easement MWD Parcel Nos. 1606-25-1, 9, 21 & 29 Dated: -3- THE METROPOLITAN WATER DISTRICT C�� State of Ok ` OF SOUTHERN CALIFORNIA Jeffrey Kightlinger General Manager By Jill T. Wicke Manager, Real Property Development and Management Group Authorized by MWD Administrative Code Section 8230 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 61A. i't.kit( County of )jQk 4 Y\T) On (2'(' 1t rt ; l•,� I Date personally appeared ,�\r/'() "7 before me, .pi,7a_ 4.. (.4)11 i' c.n nc:�, ,, A10111 Name and Title of Officer (e.g., "Jane Doe, Notary PO is") } } j 1 Name() of Signer(s) 'personally known to me - OR - ❑ proved-to-rn orrthe-b rsirtif satisfactory -evidence to be the person() whose name() is/are-subscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his/her/their- authorized capacityaes), and that by his/her/their signature($) on the instrument the person(), or the entity upon behalf of which the person0 acted, executed the instrument. WITNESS my hand and official seal. --� L> 2.cL k Signature of Notary Public WA4631 PermanentEasement.doc EXHIBIT A 1606-25-1, 9, 21, & 29 (Portion) Permanent Easement RL 2454 MWD To City of Fontana That portion of the Northeast Quarter of Section 24, Township 1 North, Range 6 West, San Bernardino Meridian, in the City of Fontana, County of San Bernardino, State of California described as follows: BEGINNING at the at the northeast corner of that certain parcel of land conveyed to The Metropolitan Water District of Southern California by Grant Deed recorded March 18, 1970 in Book 7407, page 302, of Official Records of said County, said point also being the southeast corner of Lot I of Tract No. 16868 per map filed in Map Book 309, pages 38 through 45, inclusive, in the Office of the County Recorder of said County; thence along the easterly line of said Grant Deed S 00° 55' 01" E, 40.00 feet; thence S 00° 27' 17" E, 40.00 feet; thence leaving said easterly line S 89° 38' 08" W, 38.96 feet to an angle point; thence N 45° 24' 34" W, 8.49 feet to an angle point; thence along a line that is 34.00 feet southerly of and parallel to the southerly line of said Grant Deed S 89° 38' 08" W, 1164.00 feet to the beginning of a tangent curve concave southerly having a radius of 766.00 feet; thence westerly along the arc of said curve 95.94 feet to a point on the southerly line of a certain parcel of land conveyed to The Metropolitan Water District of Southern California by Grant Deed recorded September 22, 1970 in Book 7447, page 482, of Official Records of said County, a radial line to said point bears N 07° 32' 25" W; thence along said southerly line $ 89° 38' 08" W, 247.76 feet to the beginning of a non -tangent curve concave southeasterly having a radius of 834.00 feet, a radial line to said beginning bears N 24° 40' 58" W; thence leaving said southerly line northeasterly and easterly along the arc of said curve 353.98 feet to a tangent line; thence along said line N 89° 38' 08" E, 1163.35 feet to an angle point; thence N 44° 23' 42" E, 8.45 feet to an angle point; thence N 89° 38' 08" E, 39.22 feet to the POINT OF BEGINNING. All as shown on Exhibit B attached hereto and made a part hereof. END OF DESCRIPTION PREPARED UNDER MY SUPERVISION man, P.L.S. 6241 Date MD 1'Rialto\row\legals\1606.25•I KnoxFontanal'ortion.doc Page 1 of 1 February 23.2006 SW 114, NE 114 SEC. 24, T. 1 N., R. 6 W., S.B.M. N24°40'58"W (Rad) EXHIBIT B PORTION OF THE NORTHEAST QUARTER OF SEC. 24, T. 1 N., R. 6 W., S.B.M., 1N THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA MWD FEE --1606-25-1 Ailkuder Bk 7367 Page 675 O.R. Rec 01-08-1970 MWD FEE 1606-25-9 — Bk 7447 Page 482 O.R. Rec 09-22-1970 Lot 6 of Tract No. 16868 0 1 ♦ ♦♦ • N07°32'25° W LEGEND M. B. 309 / 38 - 45 (Rad) .. 1606-25-1, 9, 21, & 29. (PORTION) PERMANENT EASEMENT RL 2454 f 2.282 ACRES THE BASIS OF BEARINGS, N 89' 38' 08' E IS BASED ON THE SOUTHERLY UNE OF THE NE 1/4 OF SEC. 24, T.1 N..R.6 W.,S.B.M. PER TR. No. 16868 MB.309 / 38-45. VICINITY MAP City of Fontana RIALTO PIPELINE z NO SCALE HIGHLAND AVE. SW 1/4, NE 1/4 SEC. 24, T. 1 N., R. 6 W., S.B.M. MWD FEE 1606.25-21(portlon) PER Bk 7407 Page 302 O.R. Rec 03-10-1970 LINE TABLE 1 S 00° 55' 01" E 40.00' 2 S 00° 27' 17" E 40.00' 3 S 89° 38' 08" W 38.96' 4 N 45' 24' 34" W 8.49' 5 S 89° 38' 08" W 1164.00' 6 S 89° 38' 08" W 247.76' 7 N 89° 38' 08" E 1163.35' 8 N 44° 23' 42" E 8.45' 9 N 89° 38' 08° E 39.2 CURVE TABLE DELTA RAD N A 07' 10' 33" 1 766.00 9 4' B 24° 19' 06° 834.00 353.99' Lot 1 of Tract No. 16868 M. B. 309 / 38 - 45 MWD FEE 1606-25-29(portion) Bk 7437 Page 725 O.R. Rec. 05-06-1970 Lot 2 of Tract No. 16868 M. B. 309 / 38 - 45 PREPARED UNDER MY SUPERVISION iseman P.LS. 6241 Page 1 of 1 tu Q NO SCALE P.O.B. -t- "'SEE DETAIL THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RIALTO PIPELINE PERMANENT EASEMENT RL 2454 MWD TO CITY OF FONTANA 1606-25-1, 9, 21, & 29 (PORTION) rialto/row/exhib/30/1606-25-1KnoxAvenue.dgn 02-23-2006 MDT Recorded at the Request of TIIE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA When Recorded Mail to THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Post Office Box 54153 Los Angeles, CA 90054 Attention: Asset Management DOCUMENTARY TRANSFER TAX $ None (Exempt --Section 11922, California Revenue and Taxation Code) PERMANENT EASEMENT DEED ETIWANDA PIPELINE MWD Parcel Nos. 1607-1-1, 3, 5 (Portions) APNs: 1107-262-21, 24, 31 R.L. 2323 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, hereinafter referred to as Grantor, hereby grants to CITY OF FONTANA, hereinafter referred to as Grantee, a permanent easement for public street and utility purposes over and across real property of Grantor located in the City of Fontana, County of San Bernardino, State of California, hereinafter referred to as Property. Said Property is described on Exhibit "A" and shown on Exhibit "B," attached hereto and incorporated herein by reference. This easement is granted subject to the following terms and conditions: 1. It is subject to Grantor's paramount right to use the Property for the purposes for which it was acquired. 2. Grantee shall submit, in advance, all plans for installation and construction or reconstruction of Grantee's facilities to Grantor for review and written approval. All plans shall show the location and size of Metropolitan's rights -of -way and the location and size of Metropolitan's pipeline or other facilities therein. Grantee shall not plant, or allow to be planted, any trees on the Property. 3. Grantee shall not change the existing grade or otherwise modify the topography of Property affected by this easement without prior written consent of Grantor. 4. Any street improvements within the easement area constructed by Grantee shall be so constructed as not to interfere with Grantor's access to adjoining property. Permanent Easement -2- M W D Parcel Nos. 1607-1-1, 3, 5 C� Streets constructed within the easement area shall conform with the applicable public street standards and be incorporated into the city public street system, provided that (a) the construction of such street and utilities therein shall conform to final plans approved in writing by Grantor, which show the location, character, dimensions, and details of the work to be performed; and (b) after initial construction is completed, any future changes to the street or changes to or installation of any utilities therein shall require the prior written approval of Grantor, which approval shall not be unreasonably withheld. 5. Grantor's access over and across this easement shall be reasonably maintained by Grantee during the term of this easement. Grantee shall provide a means to allow Grantor to place its lock on any gates constructed hereon. 6. Grantee shall, at its sole cost and•expense, keep Property free of noxious weeds and trash, and shall comply with all applicable laws and regulations concerning the use of Property, and shall construct and maintain fencing in accordance with specification shown on Exhibit "C". 7. Grantor purchased the Property in fee for its existing facility and/or future appurtenances. Any additional costs incurred for construction, reconstruction, maintenance and use of the existing and/or future facilities and appurtenances on Property and/or Grantor's adjacent property attributable to the presence of Grantee's improvements shall be borne by Grantee. In the event that it will be necessary for Grantor's facilities to be relocated or protected as a consequence of the easement, Grantee shall bear all related costs. 8. Grantor shall not be required to contribute any part of the costs of street improvements on the Property, and, furthermore, if Grantor is included in an assessment district to pay such costs, Grantee shall reimburse Grantor for any assessment therefor levied upon it. 9. Grantee assumes all risk of loss to itself, which in any manner may arise out of the use of the easement. Further, Grantee shall indemnify and defend Grantor and its directors, officers, and employees against any liability and expenses, including the reasonable expense of legal representation whether by special counsel or by Grantor's staff attorneys, resulting from injury to or death of any person, or damage to any property, including property of Grantor, or damage to any other interest of Grantor, including but not limited to suit alleging noncompliance with any statute or regulation which in any manner may arise out of the granting of this easement, or use by Grantee of the easement or any adjoining land used with the easement. 10. In the event of abandonment by Grantee of the rights granted herein, they shall terminate, and Grantee shall thereupon, without cost to Grantor, restore Property to a condition as near as possible to that which existed prior to Grantee occupancy, and deliver to Grantor a quitclaim of such rights. Nonuse for a period of three years shall constitute conclusive evidence of such abandonment. Permanent Easement -3- MWD Parcel Nos. 1607-1-1, 3, 5 Dated: 1 u I 12" (0 Co?Y THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Jeffrey Kightlinger General Manager By Jill T. Wicke Manager, Real Property Development and Management Group Authorized by MWD Administrative Code Section 8230 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of County of )1_ • 1 2 On()(?1-kuu t4Z 91.6O7 Date personally appeared } before me, .�,-:�t-.. Imo" • ())1 Name and Title of Officer (e.g., "Jane Doe, Not Public") w, (1j(/) Names) of Signer(s) prsonally known to me - OR - 0 proved-terme-orr-tl3e-basis-of-satisfaetory-evidence to be the person whose name() is/are subscribed to the within instrument and acknowledged to me that he/shethey executed the same in his/her/their authorized capacity(s), and that by hi/her/their signature(y) on the instrument the person(), or the entity upon behalf of which the person() acted, executed (he instrument. WITNESS my hand and official seal. X , 1 {-).t >l < ( < Signature of Notary Public WA4436PermanentEascmcnt.doc Sheet 1 of 1 EXHIBIT A-1 ILL. 2323 MWD PARCEL NO. 1607-1-5 (PORTION) PERMANENT EASEMENT MWD TO CITY OF FONTANA BEING A PORTION WITHIN A 100.00 FOOT WIDE, STRIP OF LAND, ALL WITHIN THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA BY GRANT DEED RECORDED MARCH 28, 1990 AS INSTRUMENT NO. 90- 116750, OFFICIAL RECORDS OF SAID COUNTY; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF LYTLE CREEK ROAD AND SUMMIT AVENUE, AS SHOWN ON TRACT MAP 16868, FILED IN BOOK 309, PAGES 38 THROUGH 45, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE, ALONG SAID CENTERLINE OF LYTLE CREEK ROAD, NORTH 00°40'57" WEST 636.95 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID 100.00 FOOT WIDE STRIP OF LAND, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID CENTERLINE OF LYTLE CREEK ROAD, NORTH 00°40'57" WEST 148.03 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID 100.00 FOOT WIDE STRIP OF LAND; THENCE, LEAVING SAID CENTERLINE ALONG SAID NORTHWESTERLY LINE, NORTH 41°48'51" EAST 68.09 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND DISTANT WESTERLY 46.00 FEET, MEASURED AT RIGHT ANGLES, FROM SAID CENTERLINE OF LYTLE CREEK ROAD; THENCE, ALONG SAID PARALLEL LINE, SOUTH 00°40'57" EAST 148.03 FEET TO A POINT ON SAID SOUTHEASTERLY LINE; THENCE, ALONG SAID SOUTHEASTERLY LINE, SOUTH 41 °48'51" WEST 68.09 FEET TO THE TRUE POINT OF BEGINNING. EASEMENT AREA CONTAINS 0.156 ACRES, MORE OR LESS. THE ABOVE DESCRIBED EASEMENT IS SHOWN ON THE MAP ATTACHED HEREWITH AND MADE A PART HEREOF, ENTITLED EXHIBIT "B". THE ABO DESCRIPTIONS WAS PREPARED UNDER MY DIRECTION. �► 9%.r- ANTHONY DATE P.L.S. No. 7635 EXPIRATION DATE: 12/31/2006 REVIEWED BY THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RIGHT OF WAY ENGINEERING TEAM DATE: 9- / 3- .Z Oar - PA! 26-2014 \Legals-LLAdj UT1LITY-C ROS S IN GS-EA S EMENT'S\M WD-02-EXHIBIT-A-LYTLE-CRICdoc COPY Sheet 1 of 1 EXHIBIT A-2 R.L. 2323 MWD PARCEL NO. 1607-1-1 and NO. 1607-1-3 (PORTION) PERMANENT EASEMENT MWD TO CITY OF FONTANA BEING A PORTION WITHIN A 100.00 FOOT WIDE, STRIP OF LAND, WITHIN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, AS "PARCEL 2" IN A FINAL ORDER OF CONDEMNATION RECORDED JULY 9, 1993 AS INSTRUMENT NO. 93-337344, AND AS CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, IN A GRANT DEED RECORDED SEPTEMBER 9, 1993 AS INSTRUMENT NO. 93-387999, BOTH OF OFFICIAL RECORDS OF SAID COUNTY; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION AS SHOWN ON TRACT MAP 16872, FILED IN BOOK 309, PAGES 11 THROUGH 14, INCLUSIVE, OF MAPS, IN THE OFFICE COUNTY RECORDER OF SAID COUNTY; THENCE, ALONG THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION, SOUTH 0° 45'38" EAST 430.87 Fhb 1 TO A POINT ON THE NORTHWESTERLY LINE OF SAID 100.00 FOOT WIDE STRIP OF LAND; THENCE, ALONG SAID NORTHWESTERLY LINE, SOUTH 41°48'51" WEST 67.36 1.bb1 TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG THE NORTHWESTERLY LINE OF SAID 100.00' FOOT WIDE STRIP OF LAND, SOUTH 41°48'51" WEST 91.70 FEET; THENCE, LEAVING SAID NORTHWESTERLY LINE, SOUTH 70°19'22" EAST 44.32 I•kil; THENCE SOUTH 48°11'09" EAST 58.95 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID 100.00 FOOT WIDE STRIP OF LAND; THENCE, ALONG SAID SOUTHEASTERLY LINE, NORTH 41°48'51" EAST 64.00 FEET; THENCE, LEAVING SAID SOUTHEASTERLY LINE, NORTH 48°11'09" WEST 62.49 Ibb1; THENCE NORTH 31°50'24" WEST 39.09 FEE± TO THE TRUE POINT OF BEGINNING, EASEMENT AREA CONTAINS 0.160 ACRES, MORE OR LESS. THE ABOVE DESCRIBED EASEMENT IS SHOWN ON THE MAP ATTACHED HEREWITH AND MADE A PART.HEREOF, ENTITLED EXHIBIT "B". THE ABOVE DESCRIPTIONS WAS PREPARED UNDER MY DIRECTION. ANTHONY HAKOA P.L.S. No. 7635 EXPIRATION DATE: 12/31/2006 REVIEWED BY THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RIGHT OF WAY ENGINEERING TEAM DATE: 9- /3"200S— P:1126-2014kLegals-LLAdj1UTILITY-CROSS INGS-EASEMENTskmWD-01-EXH®(T-A.doc 0 p h itS EXHIBIT B-1 THIS EXHIBIT IS TO BE ATTACHED TO THE LEGAL DESCRIPTION UNE TABLE UNE BEARING LENGTH L1 NOO'40'5TW 14803 L2 N4148'51 "E 6809 L3 SO040'57"E 14803 L4 S4148'S1'W 6809 L5 N00 40'S7'W 636.95 R.L. 232J REVIEWED BY THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RIGHT OF WAY ENGINEERING TEAM DATE: 9^/3-,vO )r- 100' WIDE RIGHT OF WAY TO MWD, RECORDED 05/30/1991, INST. 91-202684 O.R. 60.00' W1R.O.W. SHOWN ON VARIOUS MAPS IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA VICINITY MAP C/L L YTLE CREEK ROAD J PORTION OF E. 1/2 OF S.W. 1/4 OF SEC. 24, T.1N., R. 6W., S.B.M. 46.00' ULTIMATE R.O.W. OP T.P. 0.� \ / / Qok, 1 / /s I/ / / 9/ / / SCALE ti MT C/L OF SUMMIT Iiiir01 200' `AVENUE SHEET 1 OF 1 Q\' �t 0'. P 6,644" ,0 \.9.0‘ e 1,4)9' (343.. _ri• TOTAL AREA 6,809 S.F. / 0.156 AC. / / ANTHONY ' P.LS. 7635 EXP. 12/31/2006 DATE 1/7/or- MADOLE AND ASSOCIATES, INC. CONSULTING CML ENG/NEEXSy LAND PLANNERS AND SURVEYORS 760-A S ROCHESTER AVENUE ONTARIO, GI 91761 PH (909) 937-9151 / THE METROPOLITAN WATER DISTRICT OF SOUTHERN CAUFORNIA ETIWANDA PIPELINE R.L. 2323 PERMANENT EASEMENT MWD TO CITY OF FONTANA 1607-1-5 (PORTION) a 0 H IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA LINE TABLE UNE BEARING LENGTH L 1 S00 45'38"E 430.87 L2 S4148'51'W 6736 L3 54148'51'W 91.70 L4 57079'22 'E 44.32 L5 S4871'09'E 5195 L6 N41'48'51'E 64.00 L7 N4871'09'W 62.49 L8 N3150'24'W 39.09 c3,3 to/0 c5c4. 4941 \op. EXHIBIT B-2 THIS EXHIBIT IS TO BE ATTACHED TO THE LEGAL DESCRIPTION CENTER CORNER SEC. 24 CT.1N.. R.6 W., £B.M. TOTAL AREA "9�, 9 6,949 SF \ 0.160 AG� PORTION OF N.E. 1/4 OF S.W. 1/4 OF SEC. 24, T.1 N., R.6W., S.B.M. g VICINITY MAP / / P.O.C. SHEET 1 OF 1 R.L. 2323. SCALE IN FEET 60' 200' II U // // i / / / / / / / -/ // / / / // // '? \ /\ \ y// // // / 6 /\ , . // / / // " \// / EAST LINE OF THE S.W. 1/4 OF SEC. 24, T.1N., R.6W., / / R IEWED BY S.B.M. THE,PNETR OLTTAN WATER DISTRICT F SOUTHERN CALIFORNIA / RIGHT OF WAY ENGINEERING TEAM DATE: 9- /3-loos cPlo‘ri, Ds`. � G \I ro, PORTION OF N. W. 1/4 OF S.E. 1/4 OF SEC. 24, T.1 N., R. 6W., S.B.M. ANTHONY HAROP.L.S. 7635 EXP. 12/37/2006. DATE' Q pNY h, \ No. 7635 Exp: 12-31-2006 * it MADOLE AND ASSOCIATES, INC. CONSULTING CML ENGINEERS LAM7 PLANNERS AND SURVEYORS 760—A S. ROCHESTER AVENUE ONTARIO, CA 91761 PH (909) 937-9151 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA ETTWAND4 PIPELNE R.L 2323 PERMANENT EASEMENT MWD TO CITY OF FONTANA 1607-1-1 & 3 PORTION. FT- 2 A .1 vAI ...AN 104 ,NANN vE,N. 1,07W ANNT.: fly. NR..1 BOMAN ELGES H I J K L BANE cII 7 1.0 A0117. L,LACALeLf4 rffirCT.TrA MCA' orffor .9 ON WTI. Ar 5117 .07.5e F, ; A tuw friLkr,,,ir() NIINCENT OLT no NIN. ITA SZTLV,,- • -• ',"•••D•'"e" • Arg .0 Nu, 0.,R1 PACE Bar, NINE RANI &NC =ELI IS • •rts$333$* pktim—ms • *07.955 00 an FuRNEWLE COPCRELE EWING END. CORNER. AND 11,11_ POST BRACING rn 4 A STREICRER tont. =gar . - .11 Vire I COO. FLarmc U. I ELEVATION AT SHAL LON DRAIN CROSSING NTS. SI 7GCE CRANNIZE0 COIL SA,INC STEEL TEN -ION WI/IC TIN MD BECTON 0 ((WEE LINE ROST 9 rALC RAC TICS SENCED rd. ra70rlf4.1%703%, PING • 711 NIT 571ffe4pt Ill SITE FOSE - 17417(4(481.115.RR 14.7;1. -IVES4.91.1 HOW., Cl/Off Fro OrM. MO LCC, -totriliTrrVie° • f.-.111erCHEr or, 34115. .5(70(0717141 off ROTS 6 -COO/Ore 111.11,0 SINGLE SWIrNsG GATE 71 t'tErT,Tir STRETOtER BAR ACr AIMS arAz6, SLITS C osr • LAC FO..T - rtz 110,13 9-oocE ItzcZtyrf,voceswo4sx r and L.,4,-;ge9141 TYPICAL FENCCOIV SLOPE p1 AT.S. r.00ICAER 5995. yeI Z- cATF OrmALICE CALANIZEO OA LA E OKIN LINN AELNIC / 2 RES.., 9 CAGE WINE TICS CUTOUT FOR CHAIN AND LOCK Fri C • • r-'-•• • 4. „, WV. I 2.'wKE 111 /-CUTAG LA a EVATiON AT HEADWALL USE TIP{ 4121 NOW., firCAES. 41114(57 an INEICRT RER (COT APC(.04.15, • CC.ER. LATE ROSES IFOr SIN/IC WES 6 at, (A LESS IN Miro, mr) crIME SIT/I) !fa' OA I (11:-. II WS1Tto Ma Four 'IV? Ptkcs co or,f-a 2.8r5 5,77 Era armfa 05131. AA,A L 41.3 ‘ArE 'TOTS WO, 517011 r.arcs 'err rst -ES: IN WILT. AO .1.1.0.E CATS iz FrTr :CZ. IN *BAN C,NA IAN ANN 79 'vent: hfir, PIPE 1.1 • ef,17i Foi ata 6 !UT 00 KR AIR 11 N Warn Yon ellIer %Mc Wei (619 (ITT For WV/NCR ZS AFT IN Y.; RICO /17 • Ar",. 1134 SPNLE SNING Gee; ,YEA fro or 'Fr, ,r,cro• I1‘.6.!' "A:, ^Art, tv!.. Firr Fr, .17, AI5•II M44945. I1.07•1 :lc,/ 10,1, sx....›),-.,: -. ,•::::::::. nc::, • ! .), • . .o. ,:. • .. .A..::. )..:,,, • • •,?; (:*;" '.• ::. • •,.. . s. $ v,-, pt,,......„.........,:, ,,,,,,,,,,,,c...:. • „owl, .070.-c,.::•.:••:%;:-•4 ox....., •,..• ..... . ,... 0 tg -4,-- • syz., FaMt.,.:. TA, ,:•• • • cm.:01 •::, , 7i1:1 a ,a 7.. . "•.,, '.- .... --, „...r 1.01LAt IC FrAY,A; /A,AN5 WO ' wur.000.-14E r L.I. • 17 1.,1.4. Vac :VI II Ass 7*719 1 TINES LID LE 15C1 DOUBLE -',1NG GATE ANCE BAC( Oda rOrtOr1 frofrcrOr am.: CRANNIED RICA DASD, 514E4 Y.- -17nt-,CIten 8aN 54NOS. SoNCED Lr. FAIL AZT: • 512.E .ciAC,=.,SAMarrr, M. ;Kurt,. FENCE POST INSERT FOR a CONCRETE WALL iLT.S. 7.ei ',Is AO 5 AA 2" .R71 IN 41C, AK, 394(a Af ,AN • •••,. ;Acre. FA NIL-Cl . 11: • 'CC •ev -Et rtlrF,JOr mei; ZP 115•ICTriffEM.Thig". Zit ; • -8093rmERE OSMAED CO‘CrfTE &Mira 01.4 IAN (AM SECTION ATE, I. Au. r (Nita POI 2. 4/--.4.rokrt Fer,O1",,.; srmr 57 rumuncta (Re E,R,T.Rarra. RN,INC NINARIN FAFOr. 9 ATITISRTe NW: FON ABSCD WIRE :Al. ANIE,E.0 LA #11I091 IRON AND:Al( BC STOCKED ERE Ne C., IRE ECRT Wu'. A 1/4 !NCR 0%0 REN3 rofr. roe I' lat,,Sir11 •,,,,L 'WRIT 41145 (Cm ar Nona., ANTELT S ACRES CERrENs II. • 'Vs.!: Avant/way 414 fr04 7779 rErr.r.A.- • 0.7 rtref: Van !LE AALZT :war 10.1.61a.i PPW IN0EST9AL MAME APE. ZIO MAU SA/AG. Corr, 4457 CrSiok S :EOM or.r. ro Arr. WITS 7, ACH RleET 2 3 4 ;I I: • ' 17' • i . IXLC. 5 I al.:so bran ovir 6 • 7 8 MOD al1.001.••••TINDIONCI Fl../.•••12.00•••• ILE RAC, Nom:4n 6.7.041,141.11,1 0,43.10411. 41.11M•l• ENGINEERING SERVICES SECTION 0•3401110•1•19,MRIE moot. jr•ICANIS CHAIN LINK FENCE DETAILS CT2.03 Recorded at the Request of THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA When Recorded Mail to THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Post Office Box 54153 Los Angeles, CA 90054 Attention: Asset Management DOCUMENTARY TRANSFER TAX $ None (Exempt --Section 11922, California Revenue and Taxation Code) PERMANENT EASEMENT DEED FOOTHILL FEEDER/RIALTO PIPELINE MWD Parcel Nos. 1606-26-25, 26 & 29 APN: 0239-131-32, 46, 48, & 0239-141-18 R.L. 2448 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, hereinafter referred to as Grantor, hereby grants to CITY OF FONTANA, hereinafter referred to as Grantee, a permanent easement for public street and utility purposes over and across real property of Grantor located in the City of Fontana, County of San Bernardino, State of California, hereinafter referred to as Property. Said Property is described on Exhibit "A" and shown on Exhibit "B," attached hereto and incorporated herein by reference. This easement is granted subject to the following terms and conditions: 1. It is subject to Grantor's paramount right to use the Property for the purposes for which it was acquired. 2. Grantee shall submit, in advance, all plans for installation and construction or reconstruction of Grantee's facilities to Grantor for review and written approval. All plans shall show the location and size of Metropolitan's rights -of -way and the location and size of Metropolitan's pipeline or other facilities therein. Grantee shall not plant, or allow to be planted, any trees on the Property. 3. Grantee shall not change the existing grade or otherwise modify the topography of Property affected by this easement without prior written consent of Grantor. 4. Any street improvements within the easement area constructed by Grantee shall be so constructed as not to interfere with Grantor's access to adjoining property. Permanent Easement -2- MWD Parcel Nos. 1606-26-25, 26 & 29 iT Streets constructed within the easement area shall conform with the applicable public street standards and be incorporated into the city public street system, provided that (a) the construction of such street and utilities therein shall conform to final plans approved in writing by Grantor, which show the location, character, dimensions, and details of the work to be performed; and (b) after initial construction is completed, any future changes to the street or changes to or installation of any utilities therein shall require the prior written approval of Grantor, which approval shall not be unreasonably withheld. 5. Grantor's access over and across this easement shall be reasonably maintained by Grantee during the term of this easement. Grantee shall provide a means to allow Grantor to place its lock on any gates constructed hereon. 6. Grantee shall, at its sole cost and expense, keep Property free of noxious weeds and trash, and shall comply with all applicable laws and regulations concerning the use of Property. 7. Grantor purchased the Property in fee for its existing facility and/or future appurtenances. Any additional costs incurred for construction, reconstruction, maintenance and use of the existing and/or future facilities and appurtenances on Property and/or Grantor's adjacent property attributable to the presence of Grantee's improvements shall be borne by Grantee. In the event that it will be necessary for Grantor's facilities to be relocated or protected as a consequence of the easement, Grantee shall bear all related costs. 8. Grantor shall not be required to contribute any part of the costs of street improvements on the Property, and, furthermore, if Grantor is included in an assessment district to pay such costs, Grantee shall reimburse Grantor for any assessment therefor levied upon it. 9. Grantee assumes all risk of loss to itself, which in any manner may arise out of the use of the easement. Further, Grantee shall indemnify and defend Grantor and its directors, officers, and employees against any liability and expenses, including the reasonable expense of legal representation whether by special counsel or by Grantor's staff attorneys, resulting from injury to or death of any person, or damage to any property, including property of Grantor, or damage to any other interest of Grantor, including but not limited to suit alleging noncompliance with any statute or regulation which in any manner may arise out of the granting of this easement, or use by Grantee of the easement or any adjoining land used with the easement. 10. In the event of abandonment by Grantee of the rights granted herein, they shall terminate, and Grantee shall thereupon, without cost to Grantor, restore Property to a condition as near as possible to that which existed prior to Grantee occupancy, and deliver to Grantor a quitclaim of such rights. Nonuse for a period of three years shall constitute conclusive evidence of such abandonment. Permanent Easement -3- MWD Parcel Nos. 1606-26-25, 26 & 29 Dated: 10 1 i 2 (0 1 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Jeffrey Kightlinger General Manager Jill T. Wicke Manager, Real Property Development and Management Group Authorized by MWD Administrative Code Section 8230 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT On r�Ur� �' 4) l / LVV.)'/ before me, Th 7 rt. L. r!iAit ht,:r�c �/%th4' 1,, Date Name and Title of Officer (e.g., 'e Doe, N ca Public") personally appeared Name(s) of Signer(s) 2 personally known to me - OR - ❑ proved -bailie on t i ac o to be the person® whose name(,) is/armsubscribed to the within instrument and acknowledged to me that lesheh ep-executed the same in hither/their authorized capacity(ies% and that by his/her/their 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. WA••1625PermancntEascment.doc DOA L WIIWN480,1 Commission • 1526941 Noy Pubic • Concerto pm Ancient County My Comm. Exams Npv,15, 1) /;-ffA. (k)A.L .ta-;it.4e- Signature of Notary Public EXHIBIT A 1606-26-25, 26 & 29 R.L. 2448 Permanent Easement MWD to City of Fontana Those parcels of land in the west half of the west half of Section 19, Township 1 North, Range 5 West, San Bernardino Meridian, in the County of San Bernardino, State of California, as conveyed to The Metropolitan Water District of Southern California in Grant Deeds recorded January 29, 1971 in Book 7599, Page 993, August 24, 1977 in Book 9248, Page 229 and June 23, 1970 in Book 7466, Page 485, all of Official Records of said County of San Bernardino. All as shown on EXHIBIT "B" attached hereto and made a part hereof. Subject to any and all existing uses, licenses, permits, easements, rights of way, covenants, conditions and restrictions. END OF DESCRIPTION %AND 9` V' PAUL M. OGILVIE 0p 9 Exp: 12-31-06 * No. 6439 si. eOF CM - PRE ARED UNDER MY SUPERVISION I M12; Paul M. Ogilvie, 9L.S. 6439 Ll-/3- 7004 Date J:\projects\foothillfeeder\row\exhib\Jegal\RL2448.doc April 05, 2006 Page I of 1 LEGEND: VA EXHIBIT B PAGE 1 OF 1 SECTION 19, T. 1 N., R. 5 W., S.B.M. COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA THIS EXHIBIT IS TO BE ATTACHED TO THE LEGAL DESCRIPTION W1/2 W1/2 SECT. 19 MWD FEE PROPERTY 1606-26-26 BK 9248 PG. 229 O.R. REC. 08-24-19 MWD FEE PROPERTY 1606-26-29 BK 7466 PG. 485 O.R. REC. 06-23-1970 WV. COR. SECT. 19 R.L. 2448 SUBJECT TO ANY AND ALL EXISTING USES, LICENSES, PERMITS, EASEMENTS, RIGHTS OF WAY, COVENANTS, CONDITIONS AND RESTRICTIONS. CRY OF FONTANA RIALTO PIPELINE SITE q HIGHLAND A NO SCALE Iftiti MWD FEE PROPERTY 1606-26-25 BK 7599 PG. 993 O.R. REC. 01-29.1971 PREPARED UNDER MY SUPERVISION L M. ILVIE4 PLS 6439 f3- Zoo4 DATE J: /projects/foothill-feeder-rhatto-pip eline/row/exhib/r12448. dgn N A .4- X NO SCALE THE METROPOLITAN WATER DISTRICT OF SOUTHERN CAUFORNIA FOOTHILL FEEDER - RIALTO PIPELINE R.L 2448 PERMANENT EASEMENT MWD TO CITY OF FONTANA 1606-26-25, 26 & 29 prepared In Microstation V8 4-05-2006 RB