Stipulation for Final Judgment — Fontana City Council, February 11, 2025

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1 STIPULATION FOR FINAL JUDGMENT AS16270.0871587 4890-0847-5642v1

FROST BROWN TODD LLP LOS ANGELES
JEFFREY RENZI, State Bar No. 211963 BRIDGET JOHNSEN, State Bar No. 210778 2244 Walnut Grove Avenue, 3rd Floor Rosemead, CA 91770 Tel: (626) 302-8537 Fax: (626) 302-6997 KEITH E. MCCULLOUGH (CA Bar No. 142519) [email protected] ANDREW M. JONES (CA Bar No. 245118) [email protected] FROST BROWN TODD LLP 633 W. Fifth Street, Suite 900 Los Angeles, CA 90071 Tel: (213) 229-2400 Fax: (213) 229-2499 Attorneys for Defendant SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO, CENTRAL DISTRICT
CITY OF FONTANA, a municipal corporation, Plaintiff, v. SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation; COUNTY OF SAN BERNARDINO, a body corporate and politic, of the State of California KAISER STEEL CORPORATION, a corporation of the State of Nevada; UNION CARBIDE CORPORATION. a corporation; DOES l-50, inclusive; and ALL PERSONS UNKNOWN CLAIMING AN INTEREST IN THE PROPERTY, Defendants.

CASE NO.: CIVSB2026789 Assigned to: HON. DAVID E. DRISCOLL Department S22 STIPULATION FOR FINAL JUDGMENT Assessor Parcel Nos. 0238-062-33, 0238-091-15 & 0238-091-16 Action Filed: November 30, 2020

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2 STIPULATION FOR FINAL JUDGMENT AS16270.0871587 4890-0847-5642v1

FROST BROWN TODD LLP LOS ANGELES
Plaintiff,CITYOFFONTANA(“FONTANA”),andDefendant,SOUTHERN CALIFORNIAEDISONCOMPANY(collectively“EDISON”),agreeandstipulateasfollows:

1. FONTANA is and was authorized and entitled to exercise the power of eminent domain pursuant to Article I, Section 19 of the California Constitution, Code of Civil Procedure §§ 1240.010, 1240.020 and 1240.030, and a CityofFontana’sResolution of Necessity 2020-038 passed May 26, 2020.
2 The use for which FONTANA seeks to condemn and acquire the Subject Property is for a public use, to wit: street widening and related public infrastructure improvements to Etiwanda Avenue at Slover Avenue/ Airport Avenue for the Etiwanda Avenue at Slover Avenue Intersection WideningProjectintheCitiesofFontanaandOntario,California(the“Project”).

3. The public interest and necessity require the Project; the Project is and was planned and located in the manner that will be most compatible with the greatest good and least private injury; and the property interests (Subject Property) being acquired are necessary for the Project.

I. REVISED EXHIBITS WILL BE ATTACHED TO PROPOSED JUDGMENT

4. FONTANA and EDISON have agreed to revise the exhibits to the Complaint in Eminent Domain which govern the scope of rights being acquired by FONTANA in this action.

5. A copy of the revised rights is attached to the proposed judgment and will be attached to the proposed final order of condemnation.

II. RESOLUTION OF ALL DEFENDANT INTERESTS IN THE PROCEEDING

6. FONTANA named EDISON, COUNTY OF SAN BERNARDINO, KAISER STEEL CORPORATION, UNION CARBIDE CORPORATION and All Person Unknown claiming an Interest in the Property Condemned and Does 1-100. Defendant LINDE, Inc. also answered pursuant to Code of Civil Procedure Section 1250.230. The interests of EDISON will be resolved through means of this Stipulation for Judgment, the Stipulated Judgment, and subsequent Final Order of Condemnation. As to all other defendants: Defendant COUNTY OF SAN BERNARDINO filed a disclaimer on or about February 16, 2021 and is entitled to no compensation in this matter. Defendants UNION CARBIDE CORPORATION and LINDE, INC. filed a disclaimer on or about April 11, 2023 and are entitled to no compensation in this matter. Kaiser 1 2
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3 STIPULATION FOR FINAL JUDGMENT AS16270.0871587 4890-0847-5642v1

FROST BROWN TODD LLP LOS ANGELES
Steel was defaulted on or about August 12, 2021 and is entitled to no compensation in this matter.

All Persons and the Doe Defendants will be dismissed concurrently with the filing of this stipulation.

7. FONTANA and EDISON are aware of no other persons or entities besides EDISON which have any legal or equitable claim to any of the proceeds of this proceeding in eminent domain.

III. RESOLUTION OF ALL COMPENSATION AND CLAIMS

8. FONTANA AND EDISON agree that FOUR HUNDRED SEVENTY ONE THOUSAND FIVE HUNDRED DOLLARS ($471,500) is the full and complete just compensation to be paid for all of the Subject Property acquired and for all of the claims asserted or capable of being asserted in this proceeding (“Just Compensation”), and thatEDISON is the only persons or entities entitled to payment of the Just Compensation contained herein.

9. WithinThirty(30)daysaftertheCourt’sentryoftheStipulatedJudgment,FONTANA shall pay to EDISON the sum of $471,500 and the payment shall be made by check made out to “SouthernCaliforniaEdisonCompany”andaddressedto:AndrewM.Jones,FrostBrownTodd,633 W. Fifth Street, Suite 900, Los Angeles, CA, 90071.

10. On or about June 23, 2020, FONTANA deposited the sum of $443,000 with the State of California Condemnation Deposits Fund. Upon payment of the judgment as set forth in paragraph 19, the State of California Condemnation Deposits Fund is order to return the deposit to City of Fontana, care of Greg Snarr, Best Best & Kreiger, 3390 University Avenue, 5th Floor, Riverside, CA 92501.

11. FONTANA and EDISON agree that the Court shall enter its Stipulated Judgment in Condemnation consistent with the terms of this Stipulation and in the form as attached hereto as Exhibit A. Upon entry of the Stipulated Judgment in Condemnation FONTANA AND EDISON hereby waive the right to trial by court or jury, statement of decision, notice of entry of judgment, notice of entry of final order of condemnation, and any and all right to appeal as to any and all issues related to FONTANA’stakingoftheSubject Property including the right to appeal a final order of condemnation.
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4 STIPULATION FOR FINAL JUDGMENT AS16270.0871587 4890-0847-5642v1

FROST BROWN TODD LLP LOS ANGELES

12. Upon payment of the Just Compensation as addressed hereinabove, FONTANA shall be entitled to apply ex parte forthe Court’sissuanceofaFinalOrderofCondemnationintheform as attached hereto as Exhibit 3, the recordation of which shall act to transfer to FONTANA the property interests in EDISON’Sproperty being acquired in this proceeding.

13. FONTANA’s payment of the Just Compensation is hereby accepted byEDISON, its owners, partners, members, shareholders, interest holders, affiliates, heirs, executors, administrators, predecessors, successors and assigns, as full and complete payment for all claims asserted, or that could have been asserted, by EDISON related to just compensation for the taking of the Subject Property being acquired herein, and for any and all claims for compensation, costs or damages resulting therefrom, including but not limited to, loss of business goodwill, improvements pertaining to the realty, personal property, damages to furniture, fixtures or equipment, relocation assistance, compensation for the fair market value of the real property taken, lost profits, lost rents, damage to improvements, severance damages, precondemnation damages, attorneys fees, interest and/or accrued interest, litigation expenses, costs of any kind, and any and all other kinds of compensation, damages or other claims arising out of or relating in any way to the taking of the Subject Property and the implementation of FONTANA’sPROJECTin the manner proposed by FONTANA.

14. This Stipulation may be enforced by FONTANA and/or EDISON by a motion pursuant to Code of Civil Procedure section 664.6 or by any procedure permitted by law in the Superior Court of San Bernadino County.

15. Pursuant to Evidence Code section 1123, this Stipulation may be used in any subsequent proceedings to prove the terms of the settlement.

16. Counsel for each of the parties to this Stipulation for Judgment represents that counsel has fully explained to his or her respective clients the legal effect of this Stipulation for Judgment and the Stipulated Judgment, and that the settlement and compromise stated herein is final and conclusive forthwith, subject to the conditions stated herein, and each attorney represents that his or her respective clients have freely consented to and authorized this Stipulation for Judgment. Each party acknowledges that it understands the legal effect of this Stipulation for Judgment and the Stipulated Judgment, and that the settlement and compromise stated herein is 1 2
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5 STIPULATION FOR FINAL JUDGMENT
AS16270.0871587 4890-0847-5642v1

FROST BROWN TODD LLP

LOS ANGELES

final and conclusive forthwith, subject to the conditions stated herein. Each party acknowledges that it has freely consented to this Stipulation for Judgment. Each signatory represents that he or she is authorized to bind the person or entity upon whose behalf he or she is signing.

IT IS SO AGREED AND STIPULATED:

DATED: ____________, 2024 S OUTHERN CALIFORNIA EDISON COMPANY

By:______________________________
Belynda Reck, Assistant General Counsel

SOUTHERN CALIFORNIA EDISON

COMPANY

DATED: ____________, 2024 CITY OF FONTANA

By:______________________________

APPROVED AS TO FORM:

DATED: 2024 FROST BROWN TODD, LLP

By:______________________________
KEITH E. MCCULLOUGH
ANDREW M. JONES
Attorneys for Defendant

SOUTHERN CALIFORNIA EDISON

COMPANY

DATED: ______________, 2024 BEST, BEST & KREIGER

By:______________________________

GREGORY SNARR
Attorneys for Plaintiff

CITY OF FONTANA

11/18/2024
December 23

[PROPOSED]

STIPULATED JUDGMENT
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1 [PROPOSED] STIPULATED JUDGMENT AS16270.0871587 4863-1134-2298v1

SUPERIOR COURT OF THE STATE OF CALIFORNIA

CASE NO.: CIVSB2026789 Assigned to: HON. DAVID E. DRISCOLL Department S22 [PROPOSED] STIPULATED JUDGMENT IN CONDEMNATION Assessor Parcel Nos. 0238-062-33, 0238-091-15 & 0238-091-16 Action Filed: November 30, 2020

Plaintiff City of Fontana (“Fontana”)anddefendantSouthernCaliforniaEdisonCompany,a Californiapublicutilitycorporation(“SCE”)(collectively,the“Parties”),havingexecuteda Stipulation for Entry of Final JudgmentinCondemnation(“Stipulation”);having requested the Court to enter a Final JudgmentinCondemnation(“Final Judgment”)consistentwiththeStipulation;and having waived a Statement of Decision, Notice of Entry of Judgment, costs and fees, and the right to appeal from judgment after entry:
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2 [PROPOSED] STIPULATED JUDGMENT AS16270.0871587 4863-1134-2298v1

NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

1. The Fontana’s Action to Acquire the Property.

A. Fontana commenced the above-entitled action in eminent domain to acquire: (i) four permanent roadway easements in favor of Fontana to allow Fontana to complete road improvements, and (ii) a temporary construction easement to support construction activities. The acquisitions are for public infrastructure improvements to Etiwanda Avenue at Slover Avenue/Airport Avenue for the Etiwanda Avenue at Slover Avenue Intersection Widening Project in the Cities of Fontana and Ontario in San Bernardino County, California and impact San Bernardino Assessors Parcels APN 0238-062- 33, 0238-091-15 & 0238-091-16. The acquisition areas shall be known as “the Property” and the propertiesshallbeknownasthe“SubjectProperty.”
B. The real property or interests in real property Fontana acquires by this Final Judgment, which have been defined as the Property, are further described in the attached Exhibit “1,” incorporated herein by this reference.

C. Fontana filed this action on or about November 30, 2020. SCE filed an Answer on or about March 12, 2021. The City of Fontana acquired Prejudgment Possession and the Court entered the order on or about May 18, 2021, which became effective on June 27, 2021.

2. Purpose and Authority of the Taking.

A. Fontana is a municipal corporation located in the State of California. Fontana does now have, and at all relevant times has had, authority to exercise the power of eminent domain for public uses to acquire real property pursuant to, inter alia, Article I, section 19 of the California Constitution; and Part 3, Title 7 of the California Code of Civil Procedure, including sections 1240.010, 1240.020, 1240.030, 1240.040, 1240.310, 1240.320, 1240.110, 1240.410, 1240.420, 1240.510 and 1240.610.

B. The use for which Fontana seeks to condemn the Property is for street widening and related public infrastructure improvements to Etiwanda Avenue at Slover Avenue/ Airport Avenue for the Etiwanda Avenue at Slover Avenue Intersection Widening Project in the Cities of Fontana and 1 2
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3 [PROPOSED] STIPULATED JUDGMENT AS16270.0871587 4863-1134-2298v1 Ontario, California (the “Project”). The Project is for road improvement purposes, is and was authorized by law and is and was a public use; the public interest, safety and necessity require the Project; the Project is and was planned and located in the manner that will be the most compatible with the greatest public good and the least private injury; and the Property is necessary for the Project.

3. Terms of Judgment with Southern California Edison Company.

A. SCE is the fee owner of the Subject Property.

B. The Parties shall jointly use the Property pursuant to Code of Civil Procedure section 1240.510, or alternatively, section 1240.630. The Parties agree there will be no unreasonable interference with the facilities or improvements on the Subject Property of the other.

C. Fontana will be responsible for protecting SCE’s existing facilities and infrastructure in a manner required by law during the construction of the Project in the manner proposed. Fontana shall also, when excavating, locate SCE’s underground facilities within the take areas by providing notification to Southern California’s regional notification center (USA-Dig Alert) as required by Government Code section 4216, et seq.

D. In the event SCE is required by Fontana toremove,relocate,ormodifySCE’sfacilities or infrastructure constructed and maintained within the Property identified herein to facilitate public use, Fontana shall pay SCE the expenses thereof, on a completed cost basis. If Fontana requires the relocation of existing facilities or infrastructure to a location where SCE has no present property rights, Fontana shall provide SCE with such required new and/or additional property rights that are mutually agreeable and reasonably comparable with any property rights relinquished under this Stipulation, prior to such relocation. If temporary relocation of SCE’s facilities is required,Fontana shall make reasonable provisions in cooperation with SCE so that all users of it services who receive it through the line or lines being temporarily relocated continue to receive such services during the relocation period.

E. In consideration for the acquisition of the Property described herein, Fontana agrees to pay SCE full just compensation in the amount of $471,500 (Four Hundred Seventy-One Thousand Five Hundred and 00/100 Dollars) within 30 days of entry of this judgment. 1 2
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4 [PROPOSED] STIPULATED JUDGMENT AS16270.0871587 4863-1134-2298v1 Payment shall be madevia check/warrant payable to “Southern California Edison Company” and sent via Overnight Mail to:

Andrew M. Jones
Frost Brown Todd LLP
633 W. Fifth St., Ste. 900
Los Angeles, CA 90071

F. SCE agrees to accept the total of $471,500 as full payment for just compensation, labor costs and any damages and expenses related to Fontana’sacquisitionoftheProperty.Except as may be provided in this Stipulation, SCE agrees that it is not entitled to and expressly waives: (1) any further award or payment, and any portion of any award or payment for the taking of the Property; (2) any further damages resulting from the taking or acquisition, including, but not limited to, severance damages, loss of goodwill, loss of or damage to improvements pertaining to the realty, fixtures and equipment, and/or inventory; and (3) any claim for inverse condemnation, precondemnation damages, claimsforinterest,attorneys’fees,litigationexpenses,relocationbenefits and/or costs and any and all other kinds of compensation, damages, causes of action or other claims arising out of this action the condemnation by Fontana of the Property, reserving unto SCE as the right to seek damages, including inverse condemnation damages, or other available legal remedies for any unreasonable interference with the Subject Property or for any damage to the SCE facilities located therein, if any, arising from Fontana’s Project.

G. Eachpartyshallbearitsownattorney’sfees, costs,andlitigationexpenses.

4. Disposition of Other Defendants.

A. All remaining defendants with a potential interest in the Property have been dismissed, defaulted, or have disclaimed any interest in the compensation to be awarded for the Property.

Specifically:

B. All DOE Defendants and Defendants ALL PERSON UNKNOWN CLAIMING AN INTEREST IN THE PROPERTY with be dismissed concurrently with the filing of the stipulation and proposed final judgment.

C. Defendant County of San Bernardino filed a disclaimer on or about February 2, 2021.

D. Defendant Kaiser Steel was defaulted on or about August 12, 2021 1 2
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5 [PROPOSED] STIPULATED JUDGMENT AS16270.0871587 4863-1134-2298v1 E. Defendants Union Carbide Corporation and Linde, Inc. filed a disclaimer on or about April 11, 2023.

5. Condemnation of the Property to Fontana and Final Order of Condemnation.

Upon entry of this Final Judgment, the Property located on San Bernardino Assessors Parcels APN 0238-062-33, 0238-091-15 & 0238-091-16, shall be condemned to the City of Fontana for the publicusesandpurposecomprisingtheProjectassetforthinExhibit“1.”

6. Entry of Final Judgment and Final Order.

Upon entry of this Final Judgment, and after payment by Fontana of the sum identified herein, the Court shall, on application of Fontana and without further notice to any party, make a Final Order of Condemnation. Fontana’sinterestssetforthinExhibit“1”shallvestinFontana on thedatethataFinalOrderofCondemnationisrecordedintheRecorder’sOfficeoftheCountyof San Bernardino, State of California. A copy of the Final Judgment shall be attached to the Final Order of Condemnation as an exhibit thereto.

DATED: ________________________, 2024 _________________________________

JUDGE OF THE SUPERIOR COURT

EXHIBIT 1
[PROPERTY DESCRIPTION DOCUMENTS]

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY

2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768

ATTN: TITLE & REAL ESTATES SERVICES

S P A C E A B O V E T H I S L IN E F O R R E C O R D E R 'S U S E Location: City of Fontana DOCUMENTARY TRANSFER TAX $________________ Serial No. 73521A Service Order 802045396
A.P.N: 0238-062-33
V&LM FILE No.: GRT203921564
SCE Doc No.: 132686

COMPUTED ON FULL VALUE OF PROPERTY CONVEYED

OR COMPUTED ON FULL VALUE LESS LIENS AND

ENCUMBRANCES REMAINING AT TIME OF SALE
SCE Company.

SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX Firm Name Approved
Vegetation & Land
Management

BY SF DATE 08/02/2024

GRANT OF

TEMPORARY CONSTRUCTION EASEMENT

FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter referred to as “GRANTOR,” does hereby grant to CITY OF FONTANA, a municipal corporation, hereinafter referred to as “GRANTEE,” a temporary, non- exclusive easement for construction-related purposes (“Temporary Construction Easement”) in, over, and across those portions of real property located in the City of Fontana, County of San Bernardino, State of California, and more particularly identified as follows:

the real property legally described in the attached Exhibit A and depicted in the attached Exhibit B, as said Exhibits are incorporated herein by this reference (collectively, the “Easement Area”).

1. Use of the Easement Area. Use of the Easement Area, and exercise of the easement rights herein granted are limited to:
a. The right to transport personnel, trucks, cars, equipment and materials over, through and across all portions of the Easement Areas for purposes of the construction of GRANTEE’s Road improvements for the Etiwanda Avenue at Slover Avenue Intersection Widening Project (“Project”).
b. The right to store, maintain and operate on the Easement Area such equipment, tools, machinery, inventory, implements and other materials as are necessary or convenient in connection with the construction of the Project.

2. Term of Temporary Construction Easement. The Temporary Construction Easement shall continue for a period of eighteen (18) months. Construction within the Easement Area shall commence thirty (30) days from the date upon which Grantee provides Grantor with written notice of Grantee’s intent to commence utilization of the Temporary Construction Easement, and it shall terminate on the earliest of (a) the date upon which Grantee notifies Grantor that it no longer needs the Temporary Construction Easement, (b) eighteen (18) months from the commencement date of the Temporary Construction Easement, or (c) December 31, 2027 (“Expiration Date”) (the “Term”). Upon the expiration of the Term, all of the rights and benefits of GRANTEE in, to and under the Temporary Construction Easement shall automatically terminate and be of no further force and effect.

3. Removal of Materials Impeding the Easement. GRANTEE shall have the right to remove, trim, cut and clear away any trees and brush within the Easement Area (and relocate any other materials situated, placed or appearing within the Easement Area) whenever in GRANTEE’s reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted hereby.

4. Obligation to Restore Easement Area. After completion of any work performed by GRANTEE or its agents, contractors or employees which disturbs the surface of the Easement Area, GRANTEE shall, at its sole cost and expense, restore the surface of such area as close as reasonably possible to its original character (as existing/measured at the time of the Effective Date of this Temporary Construction Easement).

5. Obligation to Obtain Necessary Approvals. Prior to engaging in any activity upon the Easement Area, GRANTEE shall, at its sole cost and expense, apply for and obtain all necessary permits, authorizations, licenses and approvals (collectively, “Approvals”) which are or may be required from anybody, agency, or department with jurisdiction over the Easement Area.

6. Rights Retained by GRANTOR. The easement rights acquired by GRANTEE pursuant to this instrument are acquired subject to the right of GRANTOR, its successors and assigns to use the surface and subsurface of the land within the Easement Area to the extent that such use is compatible with the full and free exercise of the Temporary Construction Easement by GRANTEE.

7. Indemnification. GRANTEE hereby agrees to indemnify, defend (with counsel acceptable to GRANTOR), release and hold harmless GRANTOR, its successors and assigns, including their respective affiliates, partners, directors, members, officers, shareholders, agents, representatives, contractors and employees (collectively, the “Grantor Representatives”), and each of them, and their property from all loss, liability, damages, claims, costs and expenses (including attorneys’ fees and court costs) arising directly or indirectly out of the acts or omissions, intentional or otherwise, of GRANTEE, its employees, agents, contractors and representatives (collectively, the “Grantee Representatives”) in connection with the use of the Easement Area by GRANTEE and/or the Grantee Representatives or any material breach of this Temporary Construction Easement by GRANTEE; provided, however, that nothing contained in this paragraph shall operate to relieve GRANTOR from any loss, liability, damages, claims, costs or expenses to the extent determined by a court of competent jurisdiction to have been proximately caused by the willful misconduct or sole negligent acts of GRANTOR, the Grantor Representatives, or any of them. Payment shall not be a condition precedent to recovery under the forgoing indemnity.

8. General Provisions.

a. Covenants Running with the Land. GRANTEE and GRANTOR acknowledge and agree that the rights conferred by this Temporary Construction Easement are intended to, and do, constitute covenants that run with the land and shall inure to the benefit of and be binding upon the parties and their respective grantees, heirs, successors and assigns.

b. Effective Date. This Temporary Construction Easement shall be effective upon the date that is set forth above the signature line(s) identified for GRANTOR on the final page of this instrument.

c. Authorized Representative. Each individual signing on behalf of a party to this Temporary Construction Easement states that he or she is the duly authorized representative of the signing party and that his or her signature on this Temporary Construction Easement has been duly authorized by, and creates the binding and enforceable obligation of, the party on whose behalf the representative is signing.

d. Attorney’s Fees. In the event of any dispute between the parties regarding the enforcement or effect of this Temporary Construction Easement, the non-prevailing party in any such dispute shall pay the prevailing party’s reasonable attorney’s fees and costs actually incurred. In the event that neither party wholly prevails, the court may apportion the costs or fees as the court deems appropriate.

e. Further Cooperation. Each of the signatories to this Temporary Construction Easement agree to execute such other documents and to perform such other acts as may be reasonably necessary or desirable to further the expressed and intent purpose of this Temporary Construction Easement.

f. General Order 69-C. This temporary easement is granted pursuant to California Public Utilities Commission General Order 69-C, incorporated by reference herein.

g. Warranty. GRANTOR makes no warranty to GRANTEE regarding the fitness or suitability of the subject property for any use by GRANTEE.

EXECUTED this ________ day of _____________________, 20_____.

CITY OF FONTANA, SOUTHERN CALIFORNIA EDISON COMPANY, a municipal corporation a corporation

By: ____________________________________ ____________________________________________ Name: _________________________________ Jay Glasser
Title: __________________________________ Advisor, Real Estate and Facilities Land Acquisitions
Vegetation & Land Management

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 California )
) ss.

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 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 _______________________________

State of California )
) ss.

County of )

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 _______________________________


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
APN: 0238-062-33

LEGAL DESCRIPTION:

  



COMMENCING              POINT OF BEGINNING      POINT OF BEGINNING

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EXHIBIT “B” 
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  
SERIAL NO. 73521A
SERIAL NO. 73521A

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768

ATTN: TITLE & REAL ESTATE SERVICES

S P A C E A B O V E T H I S L IN E F O R R E C O R D E R ' S U S E Road Easement

DOCUMENTARY TRANSFER TAX $_____________________ Serial No. 73522A Service Order: 802045396
Location: City of Fontana
APN: 0238-062-33
V&LM File No: GRT203921564
SCE Document: 132686

___________COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
___________OR COMPUTED ON FULL VALUE LESS LIENS AND

ENCUMBRANCES REMAINING AT TIME OF SALE
SO. CALIF. EDISON CO.

SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME

APPROVED

VEGETATION & LAND

MANAGEMENT

BY SF DATE 08/02/2024

SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called “GRANTOR,” does hereby grant to CITY OF FONTANA, a municipal corporation, hereinafter referred to as “GRANTEE,” an easement for road purposes, in, on, under, over, along and across that certain real property in the City of Fontana, County of San Bernardino, State of California, described as follows:

The real property legally described in the attached Exhibit A and depicted in the attached Exhibit B, as said Exhibits are incorporated herein by this reference (collectively, the “Easement Area”).

SUBJECT TO covenants, conditions, restrictions, reservations, exceptions, encumbrances, rights, easements, leases and licenses, affecting the above described real property or any portion thereof, whether of record or not.

The foregoing grant is made subject to the follow terms and conditions:

1. The said Easement is granted subject to the right of Grantor to construct, maintain, use, operate, alter, add to, repair, replace, reconstruct, enlarge and/or remove in, on, over, under, through, along and across the above described real property, electric transmission and distribution lines and communication lines, together with supporting structures and appurtenances, for conveying electric energy for light, heat, power, and communication purposes, and pipelines and appurtenances for the transportation of oil, petroleum, gas, water, or other substances, and conduits for any and all purposes.

2. Grantor shall not erect or place at any future time any of its facilities so as to unreasonably interfere with the rights of Grantee created by this Easement grant.

3. The said Easement shall be exercised so as not to unreasonably endanger or interfere with the construction, maintenance, use, operation, presence, repair, replacement, relocation, reconstruction, or removal of such electric transmission, distribution or communications lines, pipelines or other conduits.

4. Grantee agrees to hold harmless and indemnify Grantor to the fullest extent to which it can legal do so, from and against all claims, lines, encumbrances, actions, loss, damage, expense and/or liability arising from the growing out of loss or damage to property, including Grantor’s own property, or injury to or death of persons, including employees of

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73522A
V&LM File No.: GRT203921564
Affects SCE Document(s): 132686

2 Grantor, resulting in any manner whatsoever, directly or indirectly, by reason of the exercise of the rights hereby granted; provided, however, that this covenant shall not apply in those instances where such claims, liens, encumbrances, actions, loss, damage, expense and/or liability are caused by the sole active negligence of Grantor.

5. Grantee agrees that in the exercise of its rights hereunder, its contractors, employees and other agents will maintain a minimum clearance of twenty-seven (27.00) feet between their equipment and any and all overhead electric conductors.

6. Grantor shall have full unobstructed access to its facilities at all times and the right to clear, keep clear, and remove any and all obstructions of any kind at all times.

7. Grantor reserves for itself the right to trim any tree or trees which may grow in or on the above described real property and which, in the opinion of Grantor, endanger or interfere with the property operation or maintenance of said electric transmission, distribution and communication lines, to the extent necessary to prevent any such interference or danger.

8. The above described real property is to be used only for the purposes specified herein and in the event:
a. said real property is not so used;
b. said real property shall be vacated as a road right of way; or. c. the project for which this Easement is being granted is abandoned.

The Easement shall thereupon, ipso facto ,revert to and merge in the interest of Grantor in the above described real property.

9. Upon termination or reversion of the rights herein granted, Grantee shall execute and deliver to Grantor, within thirty (30) days after service of a written demand therefore, ad good an sufficient quitclaim deed to the rights herein given. Should Grantee fail or refuse to deliver to Grantor a quitclaim deed, as aforesaid, a written notice by Grantor reciting the failure or refusal of Grantee to execute and deliver said quitclaim deed as herein provided and terminating this Easement shall, after ten (10) days from the date of recordation of said notice, be conclusive evidence against Grantee and all persons claiming under Grantee of the termination or reversion of the rights herein given.

10. As a controlling part of the consideration for the execution and delivery of this instrument by Grantor, the Easement is accepted upon and subject to the express condition that the improvement for which the Easement is given, regardless of the time performed, and any other work or improvement commenced within two years from the date of recording of this Easement (which improvement and other work or improvement are hereinafter sometimes collective called “improvement”) shall be done without any cost or expense whatsoever to Grantor, and that in the event a special assessment or assessments is or are levied by an authorized lawful body against the real property of Grantor for the Improvement, Grantee agrees that it will reimburse Grantor and it shall be the binding obligation of the Grantee to reimburse Grantor for the full amount of any and all such special assessment or assessments so levied for said Improvement and paid by Grantor.

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73522A
V&LM File No.: GRT203921564
Affects SCE Document(s): 132686

3 11. Also as a controlling part of the consideration for the execution and delivery of this instrument by Grantor, Grantee covenants, for itself, its successors and assigns, to construct and maintain the improvement to be located on the above described real property at its own expense.

12. Grantee hereby recognizes Grantor’s title and interest in and to the above-described real property and agrees never to assail or resist Grantor’s title or interest therein.

13. Any earth fill placed by Grantee within the boundaries of the above-described real property shall have a relative compaction density of ninety percent (90%).

14. The rights hereby granted are not necessary or useful in the performance of the duties of said Grantor to the Public

15. The maintenance of all landscaping, drainage structures, and slopes within the above described real property and reconstructed access road slopes shall be maintained by Grantee.

16. No valves or controllers of any type are allowed on the above described real property.

17. Any trees or plants within the above-described real property shall be maintained by Grantee and shall not be exceed a mature height of fifteen (15.00) feet.

18. The use of the neuter gender herein will, when appropriate, be construed to mean either the masculine or feminine gender or both. Unless expressly provided elsewhere, herein to the contrary, the terms, covenants and conditions of this Easement shall inure to the benefit of and are binding upon the heirs, successors, representatives and assigns of the parties hereto.

IN WITNESS WHEREOF, said Southern California Edison Company has caused this instrument to be executed this _____________ day of _______________, 20___.

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation

By:

Jay Glasser
Real Estates Facilities Advisor
Land Acquisitions
Vegetation & Land Management

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73522A
V&LM File No.: GRT203921564
Affects SCE Document(s): 132686

4 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 California )

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 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 _______________________________

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73522A
V&LM File No.: GRT203921564
Affects SCE Document(s): 132686

5 GRANTEE, does hereby accept the above and foregoing Easement upon and subject to all of the terms, covenants and conditions therein contained, and does hereby agree to comply with and perform each and all of said terms, covenants and conditions.

DATED as of this _______ day of _____________________ , 20____.

CITY OF FONTANA, a municipal corporation

By:

Name:

Title:

By:

Name:

Title:

State of California )

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 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 _______________________________

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73522A
V&LM File No.: GRT203921564
Affects SCE Document(s): 132686

6 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 California )

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 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 _______________________________



EXHIBIT “A”

APN: 0238-062-33

LEGAL DESCRIPTION:
  

PARCEL “A”

COMMENCING          POINT OF BEGINNING    POINT OF BEGINNING



PARCEL “B”

COMMENCING                                POINT OF BEGINNING                              POINT OF BEGINNING



EXHIBIT “B” 





   
SERIAL NO. 73522A
SERIAL NO. 73522A

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768

ATTN: TITLE & REAL ESTATE SERVICES

S P A C E A B O V E T H I S L IN E F O R R E C O R D E R ' S U S E Road Easement

DOCUMENTARY TRANSFER TAX $_____________________ Serial No. 73553A Service Order: 802045396
Location: City of Fontana
APN: 0238-091-15
V&LM File No: GRT203921564
SCE Document: 206204

___________COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
___________OR COMPUTED ON FULL VALUE LESS LIENS AND

ENCUMBRANCES REMAINING AT TIME OF SALE
SO. CALIF. EDISON CO.

SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME

APPROVED

VEGETATION & LAND

MANAGEMENT

BY SF DATE 08/02/2024

The foregoing grant is made subject to the follow terms and conditions:

2. Grantor shall not erect or place at any future time any of its facilities so as to unreasonably interfere with the rights of Grantee created by this Easement grant.

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73553A
V&LM File No.: GRT203921564
Affects SCE Document(s): 206204

2 including Grantor’s own property, or injury to or death of persons, including employees of Grantor, resulting in any manner whatsoever, directly or indirectly, by reason of the exercise of the rights hereby granted; provided, however, that this covenant shall not apply in those instances where such claims, liens, encumbrances, actions, loss, damage, expense and/or liability are caused by the sole active negligence of Grantor.

6. Grantor shall have full unobstructed access to its facilities at all times and the right to clear, keep clear, and remove any and all obstructions of any kind at all times.

The Easement shall thereupon, ipso facto ,revert to and merge in the interest of Grantor in the above described real property.

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73553A
V&LM File No.: GRT203921564
Affects SCE Document(s): 206204

12. Grantee hereby recognizes Grantor’s title and interest in and to the above-described real property and agrees never to assail or resist Grantor’s title or interest therein.

13. Any earth fill placed by Grantee within the boundaries of the above-described real property shall have a relative compaction density of ninety percent (90%).

14. The rights hereby granted are not necessary or useful in the performance of the duties of said Grantor to the Public.

15. The maintenance of all landscaping, drainage structures, and slopes within the above described real property and reconstructed access road slopes shall be maintained by Grantee.

16. No valves or controllers of any type are allowed on the above described real property.

17. Any trees or plants within the above-described real property shall be maintained by Grantee and shall not be exceed a mature height of fifteen (15.00) feet.

IN WITNESS WHEREOF, said Southern California Edison Company has caused this instrument to be executed this _____________ day of _______________, 20__.

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation

By:

Jay Glasser
Real Estates Facilities Advisor
Land Acquisitions
Vegetation & Land Management

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73553A
V&LM File No.: GRT203921564
Affects SCE Document(s): 206204

State of California )

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 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 _______________________________

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73553A
V&LM File No.: GRT203921564
Affects SCE Document(s): 206204

DATED as of this _______ day of _____________________ , 20____.

CITY OF FONTANA, a municipal corporation

By:

Name:

Title:

By:

Name:

Title:

State of California )

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 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 _______________________________

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73553A
V&LM File No.: GRT203921564
Affects SCE Document(s): 206204

State of California )

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 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 _______________________________
Sheet 3 of 5
City Index No.__________
APN: 0238-091-15 R/W
EXHIBIT “A”

APN: 0238-091-15

LEGAL DESCRIPTION:

THAT PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 28, TOWNSHIP 1 SOUTH, RANGE 6

WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FURTHER DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SLOVER AVENUE, BEING 30.00 FEET

SOUTH OF, AND PARALLEL WITH, THE CENTERLINE OF SAID SLOVER AVENUE, WITH THE EAST LINE OF ETIWANDA AVENUE, BEING 30.00 FEET EAST OF, AND PARALLEL WITH, THE CENTERLINE OF SAID ETIWANDA AVENUE AS SHOWN ON RECORD OF SURVEY, RECORDED IN BOOK 10, PAGES 35 THROUGH 49, INCLUSIVE, OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY; THENCE NORTH 89°00’09” EAST ALONG SAID SOUTH LINE, 281.67 FEET TO THE INTERSECTION WITH THE NORTH LINE OF SLOVER

AVENUE AS DESCRIBED IN GRANT TO THE COUNTY OF SAN BERNARDINO PER DEED RECORDED IN BOOK 5953, PAGE 266, OFFICIAL RECORDS, AND THE POINT OF BEGINNING; THENCE SOUTH 70°51’09” WEST ALONG SAID NORTH LINE, 185.57 FEET; THENCE NORTH 89°51’12” WEST, 55.03 FEET; THENCE NORTH 17°15’17” WEST, 45.73 FEET; THENCE SOUTH 48°04’39” EAST, 42.96 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY HAVING A RADIUS OF 44.33 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 09°11’18” WEST; THENCE EASTERLY ALONG SAID CURVE, 11.79 FEET THROUGH A CENTRAL ANGLE OF 15°14’12” TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 322.38 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 06°02’54” EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, 107.11 FEET THROUGH A CENTRAL ANGLE OF 19°02’10”; THENCE NORTH 64°54’56” EAST, 38.64 FEET TO THE SOUTH LINE OF SLOVER AVENUE, PER SAID RECORD OF SURVEY; THENCE NORTH 89°00’09” EAST ALONG SAID SOUTH LINE, 62.49 FEET TO THE POINT OF BEGINNING.

CONTAINING APPROXIMATELY 3,723 S.F., 0.085 ACRES

SEE EXHIBIT “B”, SKETCH TO ACCOMPANY LEGAL DESCRIPTION AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY:

MARK WARE, P.L.S. 5820 DATE

SERIAL NO. 73553A
SERIAL NO. 73553A
SERIAL NO. 73553A

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768

ATTN: TITLE & REAL ESTATE SERVICES

S P A C E A B O V E T H I S L IN E F O R R E C O R D E R ' S U S E Road Easement

DOCUMENTARY TRANSFER TAX $_____________________ Serial No. 73554A Service Order: 802045396
Location: City of Fontana
APN: 0238-091-16
V&LM File No: GRT203921564
SCE Document: 206204

___________COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
___________OR COMPUTED ON FULL VALUE LESS LIENS AND

ENCUMBRANCES REMAINING AT TIME OF SALE
SO. CALIF. EDISON CO.

SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME

APPROVED

VEGETATION & LAND

MANAGEMENT

BY SF DATE 08/02/2024

The foregoing grant is made subject to the follow terms and conditions:

2. Grantor shall not erect or place at any future time any of its facilities so as to unreasonably interfere with the rights of Grantee created by this Easement grant.

Grant of Easement
S.C.E., a corporation to
City of Fontana, a municipal corporation
Serial No. 73554A
V&LM File No.: GRT203921564
Affects SCE Document(s): 206204