1 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
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Easement
DOCUMENTARY TRANSFER TAX $_____________________ Serial No. 73577A Service Order: 802243250
Location: City of Fontana
APN: 0256-131-08 &
0256-141-37
V&LM File: GRT204155470
SCE Document: 206524
___________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 08/27/2025
SCE Law Approved: CKK
SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Grantor", does hereby grant to the City of Fontana, a municipal corporation , hereinafter called "Grantee", an easement for Road and Utility purposes, in, on, under, over, along and across that certain real property in the County of San Bernardino, State of California, described as follows:
THOSE PORTIONS OF THE NORTHWEST ONE -QUARTER AND THE NORTHEAST ONE -QUARTER OF SECTION 33, TOWNSHIP 1 SOUTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED NOVEMBER 26, 1962, IN BOOK 5806, PAGE 538 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
The Road and Utility easement area (the “ Easement Area”)is more particularly described on the Exhibit “A” and more particularly depicted on the Exhibit “B”, both attached hereto and by this reference made a part hereof.
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 following 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 Easement Area, 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.
Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No. 73577A
V&LM File No.: GRT204155470
Affects SCE Document(s): 206524
2 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 communication lines, pipelines, or other conduits.
4. Grantee agrees to hold harmless and indemnify Grantor to the fullest extent to which it can legally do so, from and against all claims, liens, encumbrances, actions, loss, damage, expense and/or liability arising from or growing out of loss or damage to property, 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.
5. Grantee agrees to pay to Grantor, upon demand, any and all costs of relocation and/or construction of such electric transmission, distribution and communication lines and supporting structures, pipelines, and conduits which may be or become necessary by reason of the exercise of the rights granted pursuant to this Easement.
6. Grantee agrees that in the exercise of its rights hereunder, its contractors, employees and other agents will maintain a minimum clearance of thirty -five (35.00) feet between their equipment and any and all overhead electric conductors.
7. 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.
8. Grantor reserves for itself the right to trim any tree or trees which may grow in or on the above described Easement Area and which, in the opinion of Grantor, endanger or interfere with the proper operation or maintenance of said electric transmission, distribution and communication lines, to the extent necessary to prevent any such interference or danger.
9. The above described Easement Area 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 and utility 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.
10. 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 therefor e, a good and 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
Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No. 73577A
V&LM File No.: GRT204155470
Affects SCE Document(s): 206524
3 11. 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 collectively 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.
12. 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 Easement Area at its own expense.
13. Grantee hereby recognizes Grantor ’s title and interest in and to the above Easement Area and agrees never to assail or resist Grantor’s title or interest therein.
14. Any earth fill placed by Grantee within the boundaries of the Easement Area shall have a relative compaction density of ninety percent (90%).
15. The Grant of Easements are executed subject to General Order No. 69-C, of the Public Utilities
16. Grantee agrees that all construction equipment, when not in use, shall be parked clear of Grantor’s right of way and/or rendered immobile.
17. Grantee agrees to provide twenty -four (24)-foot wide commercial type driveway(s) with curb depression(s) capable of supporting forty (40) tons on a three axle truck at (such/a) locations specified by the Grantor.
18. Any notice provided herein to be given by either party hereto to the other may be served by depositing in the United States Post Office, postage prepaid, a sealed envelope containing a copy of such notice and addressed to the following:
For Grantor: Southern California Edison Company
Attn: Land Management Eastern Region
3 Innovation Way, 2
nd Floor
Pomona, CA 91768
For Grantee: City of Fontana
Attn: Engineering Department
8353 Sierra Avenue
Fontana, CA 92335
Copy to: Best Best & Krieger
Attn: Fontana City Attorney
2855 E. Guasti Rd. Suite 400
Ontario, CA 91761
Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No. 73577A
V&LM File No.: GRT204155470
Affects SCE Document(s): 206524
4 19. Grantee shall place identification and location markers of a number, location and nature suitable to Grantor, indicating the type, location and depth of any facilities, structures or equipment located by Grantee in the underground of the above described Easement Area.
20. Any underground facilities shall be buried in the ground so that the tops thereof shall be not less than thirty-six (36) inches below the surface of the ground, shall be capable of supporting three- axle vehicles weighing up to forty (40) tons, and shall be of such type of construction and material as to be sufficient and safe for the purpose for which they are to be used.
21. Grantee shall promptly and properly replace the earth over any underground facilities, shall tamp or water-settle such earth so that no depressions shall be left or shall develop in the surface of the ground over said underground facilities, and shall restore the surface of the ground over said underground facilities to as near its original condition and appearance as possible.
22. Any pipeline shall be constructed to withstand a pressure equal to at least one hundred fifty percent (150%) of its maximum operating pressure.
23. The two-year limitation contained in paragraph 11 above to the contrary notwithstanding, Grantee agrees that it will reimburse Grantor for the full amount of any and all special assessment or assessments levied for curbs, driveways, sidewalks and/or other improvements which may at any time be installed at this location, which special assessment or assessments have been paid by Grantor.
24. Grantee agrees to install (20) twenty-foot-wide double-drive gate at a location specified by Grantor.
25. Grantee agrees that all fencing and metallic structures installed by Grantee within the Easement Area shall be adequately grounded.
26. Grantee agrees that no additional structures will be installed on the Easement Area.
27. Grantee agrees not to store flammable materials nor store any vehicle on the Easement Area.
28. Any trees or plants planted by Grantee within the above described Easement Area shall be maintained by Grantee and shall not exceed a height of fifteen (15) feet.
29. Grantee agrees that during any period of construction activity, it will periodically water down the construction area within the above described Easement Area, so as to prevent dust contamination of Grantor's facilities.
30. This Grant of Easement will not become effective unless and until it is approved by the California Public Utilities Commission pursuant to and in accordance with Public Utilities Code Section 851.
Grantor may terminate this Easement to the extent the CPUC either withholds its consent or imposes conditions on the approval that are objectionable to Grantor.
(THIS SPACE LEFT INTENTIONALLY BLANK; SIGNATURE PAGE TO FOLLOW)
Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No. 73577A
V&LM File No.: GRT204155470
Affects SCE Document(s): 206524
5 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:
Monica Contreras
Real Estates Facilities - Advisor
Land Management – Eastern Region
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 )
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
Serial No. 73577A
V&LM File No.: GRT204155470
Affects SCE Document(s): 206524
6 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:
Grant of Easement
S.C.E., a corporation to
City of Fontana
Serial No. 73577A
V&LM File No.: GRT204155470
Affects SCE Document(s): 206524
7 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
Serial No. 73577A
V&LM File No.: GRT204155470
Affects SCE Document(s): 206524
8 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 _______________________________
9 CITY OF FONTANA
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant of Easement to which this Certificate of Acceptance is attached:
from: SOUTHERN CALIFORNIA EDISON COMPANY, a corporation ("Grantor")
to: CITY OF FONTANA, a California municipal corporation (“Grantee”)
Said Grant of Easement 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 said Grant of Easement.
Dated: ______________________ CITY OF FONTANA, a California municipal corporation
By: ______________________________
Matthew Ballantyne
City Manager
ROAD AND UTILITY EASEMENTTHAT PORTION OF THE CERTAIN PARCEL OF LAND CONVEYED TO SOUTHERNCALIFORNIA EDISON COMPANY, IN THE CITY OF FONTANA, COUNTY OF SANBERNARDINO, STATE OF CALIFORNIA, BY DEED RECORDED NOVEMBER 26, 1962IN BOOK 5806, PAGE 538 OF OFFICIAL RECORDS OF SAID COUNTY, LYINGWITHIN THE NORTHWEST ONE-QUARTER AND THE NORTHEAST ONE-QUARTEROF SECTION 33, TOWNSHIP 1 SOUTH, RANGE 5 WEST, SAN BERNARDINOMERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED ASFOLLOWS:PARCEL 1:BEING A STRIP OF LAND, 23.00 FEET IN WIDTH, THE EASTERLY LINE OF SAIDSTRIP IS DESCRIBED AS FOLLOWS:BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID CERTAINPARCEL OF LAND AND THE WESTERLY LINE OF LOCUST AVENUE (66.00-FEETWIDE) AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEEDRECORDED MARCH 15, 1956 IN BOOK 3886, PAGE 388 OFFICIAL RECORDS OF SAIDCOUNTY;7+(1&(6287+(5/<$/21*6$,':(67(5/</,1(6287+ ($67
)((7
1257+($67
($675(&25'3(55(&25'2)6859(<FILED IN BOOK 143, PAGES 61 THROUGH 63, INCLUSIVE, OF RECORDS OFSURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY) TO THESOUTHERLY LINE OF SAID CERTAIN PARCEL OF LAND AND THE POINT OFTERMINUS.THE SIDELINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENEDNORTHERLY TO TERMINATE IN SAID NORTHERLY LINE AND PROLONGED ORSHORTENED SOUTHERLY TO TERMINATE IN SAID SOUTHERLY LINE.CONTAINING: 6,945 SQUARE FEET OR 0.159 ACRES, MORE OR LESS.
EXHIBIT "A"LEGAL DESCRIPTIONSERIAL NO. 73577AAPN: 0256-131-08 & 0256-141-37 PAGE 1 OF 2WO# 802243250 - NOT#204155470
PARCEL 2:BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID CERTAINPARCEL OF LAND RECORDED IN SAID BOOK 5806, PAGE 538, AND THE EASTERLYLINE OF SAID LOCUST AVENUE AS SHOWN ON SAID RECORD OF SURVEY;7+(1&(6287+(5/<$/21*6$,'($67(5/</,1(6287+ ($67
FEET TO THE SOUTHERLY LINE OF SAID CERTAIN PARCEL OF LAND;7+(1&(6287+($67(5/<$/21*6$,'6287+(5/</,1(6287+
($6711.07 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLYAND HAVING A RADIUS OF 2,044.00 FEET, A RADIAL TO WHICH BEARS NORTH
($67
THENCE NORTHERLY ALONG SAID NON-TANGENT CURVE, THROUGH A CENTRAL$1*/(2) $1$5&/(1*7+2)
)((772$32,172)7$1*(1&<,1$LINE PARALLEL WITH AND DISTANT EASTERLY 11.00 FEET, MEASURED AT RIGHTANGLES, FROM SAID EASTERLY LINE OF LOCUST AVENUE;7+(1&(1257+(5/<$/21*6$,'3$5$//(//,1(1257+ :(67
FEET TO TO THE NORTHERLY LINE OF SAID CERTAIN PARCEL OF LAND;7+(1&(1257+:(67(5/<$/21*6$,'1257+(5/</,1(1257+
:(6711.07 FEET TO THE POINT OF BEGINNING.CONTAINING: 3,322 SQUARE FEET OR 0.076 ACRES, MORE OR LESS.THIS DESCRIPTION IS NOT INTENDED FOR USE IN THE CONVEYANCE OF LAND INVIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA.ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PARTHEREOF.SUBJECT TO ANY AND ALL EXISTING MATTERS OF RECORD: COVENANTS,CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY,IF ANY.
NO. 9123
SERIAL NO. 73577A
PREPARED UNDER THE DIRECTION OF:NAVEEN K. GALI DATEP.L.S. NO. 9123EXP. SEPT. 30, 20244/ 8/2024PAGE 2 OF 2WO# 802243250 - NOT#204155470 NO. 91234/08/2024
SERIAL NO. 73577A