16498.00170\42582645.1
RECORDING REQUESTED BY:
City of Fontana
Engineering Department
8353 Sierra Avenue
Fontana, CA 92335
AND WHEN RECORDED MAIL TO:
City Clerk
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
EXEMPT RECORDING FEES GOVERNMENT CODE SECTION 27383 (SPACE ABOVE FOR RECORDER’S PURPOSE) NO DOCUMENTARY TRANSFER TAX PER REV. & TAX CODE §11922 Portion of APN: 023908134
GRANT OF TEMPORARY EASEMENT DEED
NORTH FONTANA INVESTMENT COMPANY LLC, a Delaware Limited Liability Company (referred to herein as "Grantor''), is the owner in fee of certain real property located in the City of Fontana, County of San Bernardino, State of California, legally described in EXHIBIT A attached hereto and as depicted on the plat attached hereto as EXHIBIT B (hereinafter referred to as the "Property").
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor does hereby GRANT and CONVEY to the CITY OF FONTANA, a California municipal corporation (the "Grantee", hereinafter referred to as "City"), its successors and assigns, a temporary easement in, on, over, under, and across the Property (“Easement”), for the purposes of maintaining a temporary water drainage inlet, riprap and associated fence (the “Temporary Improvements”) until such time as Grantor finalizes construction of a permanent drainage system therein (the “Permanent Improvements”) to replace the Temporary Improvements. The Easement interest shall include, without limitation, the right and privilege of City and its respective employees, agents, representatives, contractors, subcontractors, assignees and workmen to: (i) access Property; (ii) perform all activities as may be necessary to facilitate the purposes of the Easement (iii) temporarily place and operate tools, equipment, machinery and materials on the Property; and (iv) trim, cut, or clear away any trees, brush or other vegetation or flora, including the roots thereof, in City’s discretion, located within the Property.
Grantor shall provide City with written notice of the completion of construction of the Permanent Improvements. Following receipt of that Grantor’s written notice, City shall have sixty (60) days to remove, or shall cause to be removed, all the Temporary Improvements from the Property at its sole cost and if not so removed, then Grantor may complete that removal and the City shall reimburse Grantor fair and reasonable costs for such removal, within thirty (30) days of its written demand for payment.
City shall execute and record a quitclaim deed releasing this Easement within thirty (30) days after the removal of the Temporary Improvements from the Property. 16498.00170\42582645.1
All Exhibits attached hereto are incorporated herein by reference.
GRANTOR:
Dated:
NORTH FONTANA INVESTMENT COMPANY LLC,
a Delaware Limited Liability Company
By:
Bryan T. Goodman
Authorized Agent
16498.00170\42582645.1
NOTARY ACKNOWLEDGEMENT
STATE OF ___________________________________ §
COUNTY OF _________________________________
On____________________, before me, __________________________________, a Notary Public, personally appeared______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature____________________________________________(Seal)
Document: Grant of Easement Deed for Gov Lot 3 of SW 1/4 Sec 18 TP 1N R 5W Ex N 295 Ft W 295 Ft Thereof And Ex Hwy, Fontana, CA,
A.P.N.023908134
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 16498.00170\42582645.1
EXHIBIT “A”
LEGAL DESCRIPTION OF TEMPORARY DRAINAGE EASEMENT
16498.00170\42582645.1
EXHIBIT “B”
PLAT OF TEMPORARY DRAINAGE EASEMENT
16498.00170\42582645.1
CITY OF FONTANA
CERTIFICATE OF ACCEPTANCE OF GRANT OF EASEMENT DEED
[Portions of APN 023908134]
This Certificate of Acceptance pertains to the interests in real property conveyed by the Grant of Easement Deed dated , 20__ to which this Certificate of Acceptance is attached,
from: NORTH FONTANA INVESTMENT COMPANY
LLC, A Delaware Limited Liability Company
("Grantor")
to: CITY OF FONTANA, a California municipal
corporation ("Grantee")
Said Grant of Easement Deed is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority conferred by the Grantee's governing body, and Grantee hereby consents to recordation of such Grant.
Dated: CITY OF FONTANA,
a California municipal corporation
By:
Name:
Attest:
City Clerk