RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
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(Space above this line for Recorder's Use)
EASEMENT DEED
THIS EASEMENT DEED (this “Agreement”) is made as of this ___ day of _________, 2024, by and between the Fontana Public Financing Authority, a California joint powers agency (“FPFA”), and Southern California Gas Company, a California corporation (“SoCalGas”). FPFA and SoCalGas are individually referred to herein as a “Party” and collectively as the “Parties.”
RECITALS
A. FPFA is the owner of certain unimproved real property located in the City of Fontana, State of California, identified with Assessor Parcel Number 0194-041-29 consisting of approximately
11.03 acres ( 480,466 square feet) as more particularly described in Exhibit A1 and depicted in Exhibit A2, attached hereto and incorporated herein by reference.
B. Assessor Parcel Number 0194-041-29 includes the following locations:
1. Certain unimproved real property consisting of approximately 0.066 acres (2,861 square feet), as more particularly described in Exhibit B1 and depicted in Exhibit B2 (“Area 1”), attached hereto and incorporated herein by reference.
2. Certain unimproved real property consisting of approximately 0.004 acres (179 square feet), as more particularly described in Exhibit B1 and depicted in Exhibit B2 (“Area 2”), attached hereto and incorporated herein by reference.
3. Certain unimproved real property consisting of approximately 0.006 acres (266 square feet), as more particularly described in Exhibit B1 and depicted in Exhibit B2 (“Area 3”), attached hereto and incorporated herein by reference (Areas 1 through 3 together maybe referred to herein as the “Property”).
C. SoCalGas has requested from FPFA, a permanent exclusive easement in Area 1 and a permanent non-exclusive easement on Area 2 and Area 3 to construct and maintain a permanent valve station.
D. By way of this instrument, SoCalGas wishes to receive from FPFA, and FPFA wishes to grant to SoCalGas, a permanent exclusive easement in Area 1 and a permanent non- exclusive easement on Area 2 and Area 3 to construct and maintain a permanent valve station on the Property.
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NOW, THEREFORE, in consideration of the covenants contained herein and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Grant of Permanent Exclusive Easement. FPFA hereby grants to SoCalGas and its contractors, agents, employees, representatives and workmen, a permanent exclusive easement to excavate, lay, construct, reconstruct, relocate, reconfigure, use, inspect, maintain, operate, repair, replace add or remove, one or more pipelines and conduits together with valve and pipeline integrity devices, metering, measuring, regulating, cathodic protection, communications, electrical or other power and appurtenances for a fenced valve station for the transportation and distribution of natural gas and energy and communications, over, under, though, along, on and across Area 1, and including the reasonable right of ingress and egress to and from Area 1 (“Easement Area 1).
SoCalGas, in its use of and installations on or under Easement Area 1, shall comply with all laws, regulations, and requirements of all governmental and regulatory bodies and authorities and shall observe all safety standards and guidelines applicable to use and occupancy of Easement Area 1. Any use of Easement Area 1 by FPFA and others as of the date of the Easement Deed shall at all times be exercised in such a manner as to not interfere with SoCalGas’s rights granted pursuant to the Easement hereunder. FPFA, its successors and assigns, retain all aspects of fee ownership and the right to access, ingress, egress over, through and across said parcel and to and from adjoining parcel(s), subject to SoCalGas’s rights set forth herein.
2. Grant of Permanent Non-Exclusive Easement. FPFA hereby grants to SoCalGas and its contractors, agents, employees, representatives and workmen, a permanent nonexclusive easement to excavate, lay, construct, reconstruct, relocate, reconfigure, use, inspect, maintain, operate, repair, replace add or remove, one or more pipelines and conduits together with valve and pipeline integrity devices, metering, measuring, regulating, cathodic protection, communications, electrical or other power and appurtenances for a valve station for the transportation and distribution of natural gas and energy and communications, over, under, though, along, on and across Area 2 and Area 3, including the reasonable right of ingress and egress to and from Area 2 and Area 3 (“Easement Area 2).
SoCalGas, in its use of and installations on or under Easement Area 2, shall comply with all laws, regulations, and requirements of all governmental and regulatory bodies and authorities and shall observe all safety standards and guidelines applicable to use and occupancy of Easement Area 2. Any use of Easement Area 2 by FPFA and others as of the date of the Easement Deed shall at all times be exercised in such a manner as to not interfere with SoCalGas’s rights granted pursuant to the Easement hereunder. FPFA, its successors and assigns, retain all aspects of fee ownership and the right to make all uses of the parcel, including but not limited to, access ingress, egress over, through and across said parcel and to and from adjoining parcel(s), subject to SoCalGas’s rights set forth herein. FPFA for its -3-
heirs, successors and assigns, agrees that no buildings or structures of any kind shall be constructed over Easement Area 2 nor trees or brush shall be planted over Easement Area 2 that would unreasonably interfere with SoCalGas’s rights hereunder.
3. Maintenance and Repair. Easement Area 1. SoCalGas shall maintain, at its sole cost and expense, Easement Area 1 in good condition and repair, as determined by FPFA in its reasonable discretion. FPFA shall provide SoCalGas with at least five (5) business days advance written notice of its intent to enter, except in the event of an emergency in which case FPFA shall provide notice as far in advance as reasonably possible. SoCalGas shall not be responsible for damages resulting from contamination or environmental factors not caused by SoCalGas.
Easement Area 2 . SoCalGas shall be responsible for any and all damage to Easement Area 2 to the extent the damage is caused by or related to SoCalGas or SoCalGas’s agents, employees, guests, invitees, licensees, contractors, and subcontractors. SoCalGas shall, at its own cost and expense, immediately repair any such damage and restore such location to as good a condition as existed before such damage occurred. Such work shall be done under the direction and to the reasonable satisfaction of FPFA.
4. Restrictions on Use. In granting and receiving the rights herein granted, SoCalGas shall (a) comply with any and all local, state, and federal laws, regulations, ordinances and other governmental restrictions relating to the use of the Property, and shall (b) take reasonable steps to ensure the safety and security of all persons and property in the Property in connection with SoCalGas's use of the Property and the rights granted herein.
5. Indemnity. SoCalGas agrees to and does hereby indemnify, defend, protect and hold harmless FPFA and its officials, officers, employees and agents (“FPFA Indemnitees”) from and against any and all claims, actions, liabilities, losses, damages, injuries (including loss of life and other loss, injury or damage to persons or property), costs and expenses (including reasonable attorney’s fees) (collectively, “Claims”), liens (including, without limitation, mechanics liens), and encumbrances, to the extent the same arise out of, result from, or are related SoCalGas’s rights pursuant to this instrument, except to the extent arising from FPFA’s or any FPFA Indemnitee’s gross negligence or willful misconduct. The indemnity and defense obligations of SoCalGas under this instrument shall not be affected by the absence or unavailability of insurance covering the same or by failure or refusal by any insurance carrier to perform any obligation on its part under any such policy of insurance. FPFA may in its discretion participate in the selection of counsel, where FPFA’s approval shall not be unreasonably withheld, and in its discretion, participate in the defense of any such legal action.
6. Covenants Run with Land. The Easements and other rights and benefits granted herein shall run with the land and, as such, shall be binding upon and inure to the benefit of SoCalGas, and its respective heirs, successors and assigns. -4-
7. Attorney’s Fees. In any judicial, arbitration, or administrative proceeding involving performance under this instrument, or default or breach thereof, each party shall be responsible for its own attorney’s fees and costs incurred in the action.
8. No Liens. SoCalGas shall not permit any claim, lien, or other encumbrance arising from its construction, installation, use, maintenance, repairs, operation, or removal of one or more pipelines, conduits, valve and pipeline integrity devices, metering, measuring, regulating, cathodic protection, communications, electrical or other power and appurtenances for the valve station or other work by or conducted on behalf of SoCalGas to accrue against, or attach to, the Property or the interests of FPFA in the Property.
9. Recording. SoCalGas shall record this instrument in the Office of the San Bernardino County Recorder, at SoCalGas’s sole cost and expense. This Agreement shall become effective only on such recordation.
10. Governing Law. This deed shall be governed by the laws of the State of California.
Venue shall be in San Bernardino County.
11. Entire Agreement. This deed and any exhibits constitute the entire agreement between the Parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. Prior agreements, representations, negotiations, and understandings of the Parties hereto, oral or written, express or implied, are hereby superseded and merged herein.
12. Counterparts. This deed may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of such counterparts shall constitute one agreement.
13. Modification. This deed may not be modified in any respect or rescinded, in whole or in part, except by an instrument in writing, duly executed and acknowledged by both of the Parties, their successors or assigns.
14. Severability. If any term, covenant, condition or provision of this deed, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this deed, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
15. Construction. The rule of strict construction does not apply to this instrument. The language of this grant shall be construed simply, according to its fair meaning, so that the intention of the Parties is carried out.
16. Waiver and Default. The waiver by one Party of the performance of any provision of this instrument shall not invalidate this instrument nor shall it be considered a waiver by it of any other provision or of any subsequent breach by the other Party of the same provision.
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(Signatures on following page)
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SIGNATURE PAGE TO
EASEMENT DEED
IN WITNESS WHEREOF, the FPFA and SoCalGas have executed this Agreement as of the date first written above.
Fontana Public Financing Authority
By:
Name:
Title:
ATTEST:
Secretary of the Fontana Public Financing Authority
APPROVED AS TO FORM:
By:
Authority Special Counsel
Southern California Gas Company
By:
Name:_______________________________
Title:________________________________
ALL CAPACITY ACKNOWLEDGMENT
Rev. 01/01/2015
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.
STATE OF
COUNTY OF
On before me, ,
(Date) (Name and title of the officer)
personally appeared _______________________________________________________ _ , (Name of person signing)
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 acknowledged 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 of officer
(Seal)
ALL CAPACITY ACKNOWLEDGMENT
Rev. 01/01/2015
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.
STATE OF
COUNTY OF
On before me, ,
(Date) (Name and title of the officer)
personally appeared _______________________________________________________ _ , (Name of person signing)
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 acknowledged 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 of officer
(Seal)
EXHIBIT "A1"
PARCEL A:THE EAST 165 FEET OF THE WEST 1/2 OF FARM LOT 537, IN THE CITY OF FONTANA, COUNTY OF SANBERNARDINO, STATE OF CALIFORNIA, AS PER MAP SHOWING LANDS BELONGING TO THE SEMI-TROPIC LANDAND WATER COMPANY RECORDED IN BOOK 11, PAGE 12, OF MAPS, IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY.NOTE: AREA AND DISTANCES ARE COMPUTED FROM THE CENTER OF ADJOINING STREETS AND ROADS.PARCEL B:THE EAST 1/2 OF FARM LOT 557, ACCORDING TO THE MAP OF SUBDIVISION OF LANDS BELONGING TO THESEMI-TROPIC LAND AND WATER COMPANY, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATEOF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 12, OF MAPS, IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY.EXCEPT THEREFROM THE SOUTH 199 FEET OF THE NORTH 499 FEET OF THE EAST 180 FEET OF SAID LOT557.AREAS AND DISTANCES ARE COMPUTED TO STREET CENTERS.
EXHIBIT "A2"
EXHIBIT B1
BEING A DIVISION OF A PORTION OF THE NORTH ONE HALF OF THE WEST ONE HALF OF THE WEST ONE HALFOF LOT 557 SEMI TROPIC LAND AND WATER COMPANY SUBDIVISION AS RECORDED IN BOOK 11 PAGE 12 OFMAPS RECORDS OF THE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA.AREA 1EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG THE CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET; THENCE LEAVINGSAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY OFMERRILL AVENUE;THENCE CONTINUING SOUTH 0°31'59" EAST 8.50 FEET TO THE POINT OF BEGINNING;THENCE NORTH 89°28'01" EAST 86.70 FEET PARALLEL TO THE SOUTHERLY RIGHT OF WAY OF MERRILLAVENUE;THENCE SOUTH 00°31'59" EAST 33.00 FEET;THENCE SOUTH 89°28'01" WEST 86.70 FEET;THENCE NORTH 00°31'59" WEST 33.00 FEET TO THE POINT OF BEGINNING;CONTAINING 2,861 SQUARE FEET MORE OR LESSAREA 2NON-EXCLUSIVE RIGHTS EASEMENTCOMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MERRILL AVENUE, 44 FEET IN WIDTHAND MANGO AVENUE, 32 FEET IN HALF WIDTH;THENCE ALONG CENTERLINE OF MERRILL AVENUE NORTH 89°28'01" EAST 761.80 FEET;THENCE LEAVING SAID CENTERLINE PERPENDICULAR SOUTH 00°31'59" EAST 30.00 FEET TO THE SOUTHERLYRIGHT OF WAY OF MERRILL AVENUE TO THE POINT OF BEGINNING ALSO BEING A POINT IDENTIFIED ASPOINT 'A'THENCE SOUTH 45°17'59" EAST 11.97 FEET;THENCE PARALLEL WITH THE RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 21.10 FEET;THENCE NORTH 45°17'59" WEST 11.97 FEET TO THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG THE SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE SOUTH 89°28'01" WEST 21.10 FEET TOTHE POINT OF BEGINNING;CONTAINING 179 SQUARE FEET MORE OR LESS AREA 3NON-EXCLUSIVE RIGHTS EASEMENTPARCEL 3 COMMENCING AT AFOREMENTIONED POINT 'A';THENCE ALONG SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE NORTH 89°28'01" EAST 86.70 FEET TO THEPOINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY SOUTH 44°42'01" WEST 12.07 FEET;THENCE NORTH 89°28'01" EAST 8.53 FEET;THENCE SOUTH 00°31'59" EAST 12.86 FEET;THENCE NORTH 44°42'01" EAST 30.33 FEET TO SOUTHERLY RIGHT OF WAY OF MERRILL AVENUE;THENCE ALONG MERRILL AVENUE SOUTH 89°28'01" WEST 21.50 FEET TO THE POINT OF BEGINNING;CONTAINING 266 SQUARE FEET MORE OR LESSSEE PLAT ATTACHED AS EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF.APN:0194-041-29
L5L6L7L8L9L12L10L13L11L1L2L3L4
EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL DESCRIPTION
Line TableLine #
L5L6L7L8
Length
12.07'8.53'12.86'30.33'
Direction
S44° 42'01"WN89° 28' 01"ES00° 31' 59"EN44° 42' 01"E
L1L2L3L433.00'86.70'33.00'86.70'N00° 31'59"WS89° 28' 01"WS00° 31' 59"EN89° 28' 01"E Line TableLine #
L12L13L10L11L9Length
11.97'21.10'11.97'21.10'21.50'Direction
S45° 17' 59"EN89° 28' 01"EN45° 17' 59"WN89° 28' 01"ES89° 28' 01"WLegendINDICATES PROPOSEDNON-EXCLUSIVEEASEMENT EXHIBIT B2