RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
City of Rialto
City Clerk's Office
150 S. Palm Avenue
Rialto, CA 92376
THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
AGREEMENT
THIS TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
AGREEMENT ("AGREEMENT") is entered into as of the 9th day of January 2024, by and between Tamara M. Lopez ("GRANTOR") and the CITY OF RIALTO, a Municipal Corporation and general law city, ("CITY"). GRANTOR and CITY may also be referenced as Party or Parties.
RECITALS
A. GRANTOR is the legal owner of real property, including all improvements located thereon, in the City of Rialto, County of San Bernardino, State of California, and more particularly known as commonly known as 280 E Winchester Drive, Rialto, 92376 (APN: 012717102) ("PROPERTY");
B. CITY is construction sidewalk improvements on the west side of N Sycamore Avenue north of Winchester Drive ("PROJECT"). The PROJECT consists of:
• The demolition and construction of a driveway and driveway approach for the PROPERTY along N. Sycamore Avenue;
C. To construct the PROJECT, the City will need a temporary construction easement ("TCE") in and over portions of the PROPERTY as more particularly depicted in Exhibit "A"
TERMS
NOW, THEREFORE, in consideration of the promises set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY and GRANTOR agree as follows:
Incorporation of Recitals.
Each of the Recitals set forth above is incorporated herein by this reference.
Grant of Temporary Construction and Access Easement.
GRANTOR hereby grants to CITY the TCE for the purposes of constructing the PROJECT. The TCE shall include, without limitation, the right and privilege of City and its employees, agents, representatives, contractors, subcontractors, and workmen (collectively "AUTHORIZED PERSONNEL") to: (i) use, control, and occupy the TCE in order to perform all activities as may be necessary for construction of the PROJECT; (ii) use and temporarily place and operate tools, equipment, machinery, and materials on and within the TCE area; (iii) remove improvements, and trim, cut, or clear away any trees, brush, or other vegetation or flora within the TCE area. Hereinafter, items (i)-(iii) shall be collectively referred to as the "Work."
The TCE term shall be for a period not to exceed three (3) months. Actual physical use of and occupation of the TCE area for Project construction purposes, and all uses appurtenant thereto, shall commence following written notice provided to the property owner(s) by the City or Authorized Personnel. At the expiration of the TCE term, the City shall restore such property to a condition as near as practicable to the condition that existed immediately prior to City's operations. The City, however, shall not be required to restore vegetation to the pre-existing condition. The City will at all times during the TCE term allow the property owners) to have and maintain reasonable access to and from the larger parcel. Upon completion of the Work, City will cause all of the equipment, materials, tools, trash, and debris to be removed from the TCE area.
In no event shall the term of the TCE extend beyond December 31, 2024.
CITY Performed Work.
All work done under this AGREEMENT shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner.
Indemnification.
CITY shall indemnify, defend and hold harmless GRANTOR, from and against all claims, causes of action, damages, liabilities, injuries, actions, costs and expenses ("CLAIMS"), caused by the gross negligence or willful misconduct of the CITY in the exercise of CITY's rights under this AGREEMENT, or work performed in connection with the PROJECT, excepting only such CLAIMS as may be the result of intentional acts or negligence of the GRANTOR.
No Leases.
GRANTOR warrants there are no oral or written leases on all or any portion of the TCE area. In the event the CITY later determines that there is an oral or written lease on all or a portion of the TCE area, GRANTOR shall hold CITY harmless and reimburse CITY for any and all of its losses and expenses occasioned by reason of any lease of the TCE area.
Release of Claims.
Except as otherwise provided in Clause 4 herein, GRANTOR hereby waives and releases all rights, claims, costs, expenses, demands, damages or causes of action the GRANTOR has or may have in the future against CITY as a result of or arising out of CITY'S construction of the PROJECT, and acquisition of the TCE area. GRANTOR acknowledges that it is familiar with Section 1542 of the Civil Code of the State of California, which provides:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." GRANTOR hereby waives and relinquishes any right or benefit which it has or may have under Section 1542 of the Civil Code of the State of California or any similar provision of statutory or nonstatutory law of any other applicable jurisdiction to the full extent that it Sectian fully waive all such rights and benefits pertaining to the subject matter of this Integrity of Property.
Except as otherwise provided herein or by express written permission granted by CITY, GRANTOR shall not, after the date of execution of this AGREEMENT and the receipt of consideration, alienate, lien, encumber or otherwise transfer the PROPERTY or any portion thereof or allow the same to occur, cause or allow any physical changes on the PROPERTY, or enter into a lease or contract with respect to the PROPERTY or any portion thereof which would survive the receipt of consideration and impair CITY'S use of the TCE. At its sole expense, GRANTOR shall maintain the PROPERTY in a condition so as not to interfere with CITY'S TCE.
9. Modification, Waiver.
No modification, waiver, amendment or discharge of this AGREEMENT shall be valid unless the same is in writing and signed by both Parties.
10. Severability.
If any term, provision, covenant or condition of this AGREEMENT is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this AGREEMENT shall be severable and shall not be affected thereby, and each of the remaining terms, provisions, covenants or conditions of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law.
11. Specific Performance and Other Remedies.
The Parties understand that the interests and rights being conveyed by this AGREEMENT are unique and for that reason, among others, the Parties will be irreparably damaged in the event that this AGREEMENT is not specifically enforced. Accordingly, in the event of any controversy concerning the obligations under this AGREEMENT, such obligation shall be enforceable by a decree of specific performance or by injunction. Such remedie and all other riahts and remedies set forth herein shall be cumulative and not exclusive and shall be in addition to any and all other remedies which the Parties may have hereunder at law or in equity.
12. Successors and Assigns.
This AGREEMENT shall run with the land. All terms of this AGREEMENT shall be binding upon, inure to the benefit of, and be enforceable by the Parties hereto and their respective heirs, legal representatives, successors, and assigns.
Waiver.
The waiver by one Party of the performance of any term, provision, covenant or condition shall not invalidate this AGREEMENT, nor shall it be considered as a waiver by such Party of the same condition in the future or a waiver of any other term, provision, covenant or condition. Delay by any Party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term, provision, covenant or condition shall not prevent such Party from later pursuing remedies or insisting upon full performance for the same or any similar breach or failure.
14. Notices.
All notices, requests, demands, and other communications under this AGREEMENT shall be in writing and shall be deemed to have been duly given on the date of delivery if served personally on the Party to whom notice is to be given, or if mailed, five (5) days after mailing by first class mail, registered or certified mail, postage prepaid, and properly addressed as follows. Any Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.
CITY: City of Rialto
City Clerk's Office
150 S. Palm Avenue
Rialto, CA 92376
GRANTOR: Tamara M. Lopez
280 E Winchester Drive
Rialto, CA 92376
Condition Precedent: Approval of CITY and GRANTOR.
GRANTOR understands that this AGREEMENT is subject to the approval of City Council of the CITY or authorized designee and that this AGREEMENT shall have no force or effect unless and until such approval has been obtained.
18. Authority to Sign.
GRANTOR and the signatories for GRANTOR represent and warrant that GRANTOR'S signatories to this AGREEMENT are authorized to enter into this AGREEMENT and that no other authorizations are required to implement this AGREEMENT on behalf of GRANTOR.
19. Counterparts Signature.
This AGREEMENT may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one AGREEMENT.
Entire Agreement.
This AGREEMENT constitutes the entire AGREEMENT between the Parties relating to the subject of this AGREEMENT and supersedes all previous agreements, promises, representations, understandings and negotiations, whether written or oral, among the Parties with respect to the subject matter hereof. The performance of this AGREEMENT constitutes the entire consideration for the conveyance of the TCE and shall relieve CITY of all further obligations or claims on this account or on account of the location, grade or operation of the PROJECT as designed.
21. Recording.
This AGREEMENT shall be recorded in the Official Records of San Bernardino County, State of California. The Parties shall execute all other documents necessary to memorialize or implement the terms and provisions of this AGREEMENT or to memorialize the termination of this AGREEMENT and the TCE.
IN WITNESS WHEREOF, the Parties have executed this AGREEMENT as of the day and year first above written.
CITY: GRANTOR:
CITY OF RIALTO TAMARA M LOPEZ
By: Arron Brown, Acting City Manager a laterals
Date: By:
ATTEST: Date: 12/20/23
By:_
Barbara McGee, City Clerk
Date:
APPROVED AS TO FORM:
By:
Eric Vail, City Attorney
Date:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 SAN BERNARDINO )
on December 20,2003 before me, Amy Aileen Crow, Notary Public Here Insert Name and Title of the Officer
personally appeared Tamara M. Lopez
Names) of Signers)
Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sy is Y-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 they by his /cher/ 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.
AMY AILEEN CROW
Notary Public - California WITNESS my hand and official seal.
San Bernardino County
Commission # 2349453
My Comm, Expires Mar 16. 2025 Wleen Cow
Signature ату
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual •Attorney in Fact • Trustee ] Guardian or Conservator • Trustee • Guardian or Conservator L Other: • Other:
Signer is Representing: Signer is Representing:
NOTARY ACKNOWLEDGEMENT
notary public or other officer completing this certificate verifies only the identity of th divide who cigned the docum nt to dich then certificate is attached, and not th
STATE OF CALIFORNIA )
COUNTY OF )
On , 2023, before me, , Notary Public,
personally appeared , who proved to me on the basis of
satistactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: (Seal)
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
[To be attached]
EXHIBIT "A"
LEGAL DESCRIPTION
IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF LOT 14 OF TRACT. 4870 RECORDED IN BOOK 61, PAGE 16 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 'A'
COMMENCING AT NORTHEAST CORNER OF SAID LOT 14;
THENCE, ALONG THE EASTERLY LINE OF SAID LOT 14, SOUTH 00°03'08" EAST, A DISTANCE OF 19.19 FEET TO THE TRUE POINT OF BEGINNING.
THENCE, LEAVING SAID EASTERLY LINE OF LOT 14, NORTH 89°57'53" WEST, A DISTANCE OF 14.00 FEET;
THENCE, SOUTH 00°03'08" EAST, A DISTANCE OF 24.00 FEET; THENCE, NORTH 89°57'53" WEST, A DISTANCE OF 4.00 FEET;
THENCE, SOUTH 00°03'08" EAST, A DISTANCE OF 20.98 FEET; THENCE, SOUTH 89°57'53" EAST, A DISTANCE OF 18.00 FEET TO SAID EASTERLY LINE OF LOT 14;
THENCE, ALONG SAID EASTERLY LINE OF LOT 14, NORTH 00°03'08" WEST, A DISTANCE OF
44.98 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 714 SQUARE FEET MORE OR LESS.
ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
PREPARED BY: PROACTIVE ENGINEERING CONSULTANTS
UNDER THE DIRECTION OF:
hear 1. Mane
L.S. 9106 MOORE, L.S. 9106
*
NOVEMBER 3, 2023
SATE OF CALFOREN
LOT 2 LOT 1
TRACT NO. 10215
M.B. 210 / 32 - 33
-POC
(PARCEL "A')
TPOB -
(PARCEL "A') 19.19'
-L1 33'
L3 -
44.98'
LOT 14
TRACT NO. 4870
LOT 13
M.B. 61/16
L5 @ SYCAMORE AVENUE
NO003'08"W
EASEMENT AREA: 280 EAST
PARCEL 'A': ‡714 S.F. WINCHESTER DRIVE
APN: 127-171-02
- E WINCHESTER DRIVE
SCALE: 1"= 30'
LAND
LINE TABLE TENSED SURVE
NO. BEARING DISTANCE
L1 N8957'53'W 14.00'
L2 NO003'08"W 24.00'
L3 N8957'53"W 4.00' L.S./9106
L4 NO0 03'08" 20.98' STATE
L5 8957'53'W 18.00' TE
PROACTIVE EXHIBIT "В"
ENGINEERING CONSULTANTS LEGAL DESCRIPTION PLAT
200 S.MAIN ST. STE 300 •CORONA CA•92882
DATE: 11/03/23 J.N. 20.153.000 SHEET 1 OF 1
Friday, November 03, 2023 12:39 PM
PROACTIVE ENGINEERING CONSULTANTS, INC.
CLOSURE REPORT
DATE: 11/03/2023 AT 11:24 AM
PROJECT: 20.153.000
DESCRIPTION: CITY OF RIALTO TCE
CREATED BY: M_ROBINSON
Easement NAME: TCE - 127-171-02
NORTH: 1868792.086 EAST: 6753484.280
LINE COURSE: N 89°57'53" W LENGTH: 14.00
NORTH: 1868792.095 6753470.280
NORTH: 1868768.095 6753470.302
LINE COURSE: N 89°57'53" W LENGTH: 4.00'
NORTH: 1868768.097 6753466.302
LINE COURSE: S 00°03'08" E LENGTH: 20.98'
NORTH: 1868747.117 GAST: 6753466.321
LINE COURSE: S 89°57'53" E LENGTH: 18.00'
NORTH: 1868747.106 EAST: 6753484.321
LINE COURSE: N 00°03'08" W LENGTH: 44.98'
NORTH: 1868792.086 EAST: 6753484.280
PERIMETER: 125.96' AREA: 714 SF 0.02 ACRES
MAPCHECK CLOSURE: (USING COURSES, RADII, AND DELTAS)
ERROR CLOSURE: 0.0000 COURSE: N 90°00'00" E
ERROR NORTH: 0.00000 EAST: 0.00000
CLOSURE ERROR: 0.0000
-1-
CLTA Preliminary Report Form Order Number: NHSC-7042950 (jd) (Rev. 11/06) Page Number: 1
First American Title™
First American Title Company
1250 Corona Pointe Court, Suite 200
Jason Moore
Proactive Engineering
200 S. Main Street, Suite 300
Corona, CA 92882
Customer Reference: "20.153.002 - Morgan Elementary"
Order Number: NHSC-7042950 (jd)
Title Officer: Jesus Duran
Phone: (951)256-5820
Fax No.: (714)481-9208
E-Mail: [email protected]
Buyer:
Property: APN 0127-171-02, 280 E. Winchester Dr.
Rialto, CA
PRELIMINARY REPORT
Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. lease be advised that any provision contained in this document, or in a document that is attached, linked c ferenced in this document, that under applicable law illegally discriminates against a class of individuals base First American Title
Order Number: NHSC-7042950 (jd)
Page Number: 2
on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, tamillal statu sability, national origin, or any other legally protected class, is illegal and unenforceable by lav his report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy o itle insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
First American Title
Order Number: NHSC-7042950 (jd)
Page Number: 3
Dated as of October 02, 2023 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To Be Determined
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
TAMARA M. LOPEZ, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2023-2024.
First Installment: $1,359.28, OPEN
Penalty: $0.00
Second Installment: $1,359.24, OPEN
Penalty: $0.00
Tax Rate Area: 006003
A. P. No.: 0127-171-02-0-000
The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.
3. An easement shown or dedicated on the Map as referred to in the legal description For: PUBLIC UTILITY and incidental purposes.
An easement for PUBLIC UTILITIES and incidental purposes in the document recorded January 05, 1956 as BOOK 3825, PAGE 221 of Official Records.
First American Title
Order Number: NHSC-7042950 (jd)
Page Number: 4
Covenants, conditions, and restrictions in the document recorded January 05, 1956 as BOOK 3825, PAGE 221 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction, if any, indicating a preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, handicap, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, to the extent that such covenants, conditions or restrictions violate applicable state or federal laws. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.
A deed of trust to secure an original indebtedness of $169,500.00 recorded July 21, 2015 as INSTRUMENT NO. 2015-0310398 Of Official Records.
Dated: July 10, 2015
Trustor: TAMARA M. LOPEZ, A MARRIED WOMAN; AS HER SOLE AND
SEPARATE PROPERTY
Trustee: PROVIDENT FINANCIAL CORP., A CALIFORNIA CORPORATION Beneficiary: Mortgage Electronic Registration Systems, Inc. ("MERS"), as Nominee for
Lender: PROVIDENT SAVINGS BANK, F.S.B., a Federal Corporation Any defects, liens, encumbrances or other matters which name parties with the same or similar names as TAMARA M. LOPEZ. The name search necessary to ascertain the existence of such matters has not been completed. In order to complete this preliminary report or commitment, we will require a statement of information.
8. Water rights, claims or title to water, whether or not shown by the Public Records.
9. Rights of parties in possession.
First American Title
Order Number: NHSC-7042950 (jd)
Page Number: 5
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction.
According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) MULTI-FAMILY RESIDENCE known as 280 EAST WINCHESTER DRIVE, RIALTO, CALIFORNIA.
According to the public records, there has been no conveyance of the land within a period of twenty- four months prior to the date of this report, except as follows:
None
The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached.
First American Title
Order Number: NHSC-7042950 (jd)
Page Number: 6
LEGAL DESCRIPTION
Real property in the City of Rialto, County of San Bernardino, State of California, described as follows:
LOT 14 OF TRACT NO. 4870, IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 61, PAGE 16 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 0127-171-02-0-000
First American Title
Order Number: NHSC-7042950 (jd)
Page Number: 7
0127 - 17 (0264
•SAHE -300NY0*5-
» er:
County
#= 11 22
391 Nap -dino
1S-520
Cisy of Rialto Tax Rate Area 26.62 11.16
6003 DHE
35'00!
=
XS/01z F.IN., P.SW/4. Seo. 35
=
79 98
Water Co. Sub.
(9°33 (172)
r-i5.
@ @
F2°331
M.B. 6/12 #HCHE-STER --
si-yt
14951
Ptn. Semi-Tropic Land & CASCADE ar'sii
.5- +3)#+≤—
e T TTT 29151 • /16
17.30 : 6 : 28 1:661 N6: 19133 638 21812 33 t.E
3 2 20 29 gM
Pln. Lot 154 'res: Ns. 1970.
--H1S13A-_
February 2004
Pasczipaies: Ca Sar Sammariudo 2aessar Hio - Boal. Paco 137.17 Page 1 of :
First American Title
Order Number: NHSC-7042950 (jd)
Page Number: 8
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub- escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible.
First American Title
Order Number: NHSC-7042950 (jd)
Page Number: 9
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE [(07-01-2021) v. 01.00]
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy and We will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, or regulatory, or national security power. the effect of a violation or enforcement of any matter exuded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27. 2 Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
created, suffered, assumed, or agreed to by You;
b. not Known to Us, not recorded in the Public Records at the Date of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy; c. resulting in no loss or damage to You;
d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5, 8.f., 25, 26, 27, 28, or 32); or
resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Title at the Date of Policy.
4. Lack of a right:
a. to any land outside the area specifically described and referred to in Item 3 of Schedule A; and b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land.
Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21.
5. The failure of Your existing structures, or any portion of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14 or 15.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transfer of the Title to You is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or C. preferential transfer:
to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
il. for any other reason not stated in Covered Risk 30.
7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface substance.
9. Any lien on Your Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a. or 27.
10. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount Shown in Schedule A or $2,500 $10,000 (whichever is less)
Covered Risk 18: 1% of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less)
Covered Risk 19: 1% of Policy Amount Shown on Schedule A or $5,000 $25,000 (whichever is less)
Covered Risk 21: 1% of Policy Amount Shown on Schedule A or $2,500 $5,000 (whichever is less)
First American Title
Order Number: NHSC-7042950 (jd)
Page Number: 10
ALTA OWNER'S POLICY [(07-01-2021) V. 01.00]
CLTA STANDARD COVERAGE OWNER'S POLICY [(02-04-22) V. 01.00]
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; ill. the subdivision of land; or
iV. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power.
C. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant; b. ot Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and n isclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under th policy;
C. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a:
a. fraudulent conveyance or fraudulent transfer;
voidable transfer under the Uniform Voidable Transactions Act; or C. preferential transfer:
to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 9.b.
5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.
6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and
7. Any discrepany in the quantity of the area, sure footage, or area ge of we and or italy improvement Rot Land.
NOTE: The 2021 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as numbers 1 through 7. The 2021 CLTA Standard Coverage Owner's Policy will include the Western Regional Standard Coverage Exceptions listed below as numbers 1 through 7.
EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, First American Title
Order Number: NHSC-7042950 (jd)
Page Number: 11
uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(i) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
5. Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
NOTE: The 2006 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as numbers 1 through 7.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
First American Title
SIET
AUDITORS CERTIFICATE
2522223 TRACT NO. 4870
BEING A SUBDIVISION DrA PORTION OF THE
5* OF LOT 154, SEMI - TROPIC LAND AND
WATER COMPANY SUBDIVISION, RECORDED
IN BOOK 6 oF MAPS, PAGE 12 RECORDS OF
on Sui Rature SAN BERNARDING COUNTY, CALIFORNIA
COUNTY, SURVEVORS CERTIFICATE SAN BERNARDIND COuNTY
SCALE 1450M
Tital Pere.. - dethe in suren #466
arted Are 20,1965 547) Moses Asstent NOTARY ACKNOWLEDGEMENT Recorded at Reguest of ACCEPTANCE CERTIFICATE County Auditors
Dated-
3:42 P.
NOTES
= Bai 61. = Maps
Dona Decender 20 1955 STATE SAL BENRDINO Pox .16
TED R. C."P.PEMTER.
Pal5o
WALNYT S89 5A'5°E 1315.65 Frc. (315.40) AVENtE
M.B.S757
98581 NE LoT 154 STL. AND W. C0. M8512 991.59
509-5800"E 1314.08
330"
10° Pullie 6.
NoT A PART
0.3.4 38.64 - 58.61 136:59 138:58 136:55 1561000
135
SUBDIVISION
25 NOVAN 1507X5 589-525 160 Z4/Z
RIVERSIDE 33191 AVENUES fa WINCHESTER.. DANE. 501
100-4915% SOOT
(Rre: 192660) B.S.4. SHERMORE
155 155 135 155 §-1fx./390c0)
10 PIP Aer
17: 212|20 122 35
TRACT No. 4433 M85757
2315°
61-16
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
City of Rialto
City Clerk's Office
150 S. Palm Avenue
Rialto, CA 92376
THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
AGREEMENT
THIS TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
AGREEMENT ("AGREEMENT") is entered into as of the 9th day of January 2024, by and between Alfonso Alvarado Jr. ("GRANTOR") and the CITY OF RIALTO, a Municipal Corporation and general law city, ("CITY"). GRANTOR and CITY may also be referenced as Party or Parties.
RECITALS
A. GRANTOR is the legal owner of real property, including all improvements located thereon, in the City of Rialto, County of San Bernardino, State of California, and more particularly known as commonly known as 295 E Home Street, Rialto, 92376 (APN:
012724329) ("PROPERTY");
B. CITY is installing a sidewalk along N. Sycamore Avenue south of E Home Street ("PROJECT"). The PROJECT consists of:
• The demolition and construction of a driveway and driveway approach PROPERTY along N. Sycamore Avenue;
C. To construct the PROJECT, the City will need a temporary construction easement ("TCE") in and over portions of the PROPERTY as more particularly depicted in Exhibit "A".
TERMS
NOW, THEREFORE, in consideration of the promises set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY and GRANTOR agree as follows:
Incorporation of Recitals.
Each of the Recitals set forth above is incorporated herein by this reference.
2. Grant of Temporary Construction and Access Easement.
GRANTOR hereby grants to CITY the TCE for the purposes of constructing the PROJECT. The TCE shall include, without limitation, the right and privilege of City and its employees, agents, representatives, contractors, subcontractors, and workmen (collectively "AUTHORIZED PERSONNEL") to: (i) use, control, and occupy the TCE in order to perform all activities as may be necessary for construction of the PROJECT; (i) use and temporarily place and operate tools, equipment, machinery, and materials on and within the TCE area; (iii) remove improvements, and trim, cut, or clear away any trees, brush, or other vegetation or flora within the TCE area. Hereinafter, items (i)-(iii) shall be collectively referred to as the "Work."
The TCE term shall be for a period not to exceed three (3) months. Actual physical use of and occupation of the TCE area for Project construction purposes, and all uses appurtenant thereto, shall commence following written notice provided to the property owner(s) by the City or Authorized Personnel. At the expiration of the TCE term, the City shall restore such property to a condition as near as practicable to the condition that existed immediately prior to City's operations. The City, however, shall not be required to restore vegetation to the pre-existing condition. The City will at all times during the TCE term allow the property owners) to have and maintain reasonable access to and from the larger parcel. Upon completion of the Work, City will cause all of the equipment, materials, tools, trash, and debris to be removed from the TCE area.
In no event shall the term of the TCE extend beyond December 31, 2024.
3. CITY Performed Work.
All work done under this AGREEMENT shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner.
Indemnification.
CITY shall indemnify, defend and hold harmless GRANTOR, from and against all claims, causes of action, damages, liabilities, injuries, actions, costs and expenses ("CLAIMS), caused by the gross negligence or willful misconduct of the CITY in the exercise of CITY's rights under this AGREEMENT, or work performed in connection with the PROJECT, excepting only such CLAIMS as may be the result of intentional acts or negligence of the GRANTOR.
No Leases.
GRANTOR warrants there are no oral or written leases on all or any portion of the TCE area. In the event the CITY later determines that there is an oral or written lease on all or a portion of the TCE area, GRANTOR shall hold CITY harmless and reimburse CITY for any and all of its losses and expenses occasioned by reason of any lease of the TCE area.
Release of Claims.
Except as otherwise provided in Clause 4 herein, GRANTOR hereby waives and releases all rights, claims, costs, expenses, demands, damages or causes of action the GRANTOR has or may have in the future against CITY as a result of or arising out of CITY'S construction of the PROJECT, and acquisition of the TCE area. GRANTOR acknowledges that it is familiar with Section 1542 of the Civil Code of the State of California, which provides:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." GRANTOR hereby waives and relinquishes any right or benefit which it has or may have under Section 1542 of the Civil Code of the State of California or any similar provision of statutory or nonstatutory law of any other applicable jurisdiction to the full extent that it may lawfully waive all such rights and benefits pertaining to the subject matter of this Section.
9. Integrity of Property.
Except as otherwise provided herein or by express written permission granted by CITY, GRANTOR shall not, after the date of execution of this AGREEMENT and the receipt of consideration, alienate, lien, encumber or otherwise transfer the PROPERTY or any portion thereof or allow the same to occur, cause or allow any physical changes on the PROPERlY, or enter into a lease or contract with respect to the PROPERTY or any portion thereof which would survive the receipt of consideration and impair CITY'S use of the TCE. At its sole expense, GRANTOR shall maintain the PROPERTY in a condition so as not to interfere with CITY'S TCE.
Modification, Waiver.
No modification, waiver, amendment or discharge of this AGREEMENT shall be valid unless the same is in writing and signed by both Parties.
10. Severability.
If any term, provision, covenant or condition of this AGREEMENT is held to be invalid, void or otherwise unentorceable,
each of the remaining terms, provisions, covenants or conditions of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law.
11. Specific Performance and Other Remedies.
The Parties understand that the interests and rights being conveyed by this AGREEMENT are unique and for that reason, among others, the Parties will be irreparably damaged in the event that this AGREEMENT is not specifically enforced. Accordingly, in the event of any controversy concerning the obligations under this AGREEMENT, such obligation shall be enforceable by a decree of specific performance or by injunction. Such remedies and all other rights and remedies set forth herein shall be cumulative and not exclusive, and shall be in addition to any and all other remedies which the Parties may have hereunder at law or in equity.
Successors and Assigns.
This AGREEMENT shall run with the land. All terms of this AGREEMENT shall be binding upon, inure to the benefit of, and be enforceable by the Parties hereto and their respective heirs, legal representatives, successors, and assigns.
13. Waiver.
The waiver by one Party of the performance of any term, provision, covenant or condition shall not invalidate this AGREEMENT, nor shall it be considered as a waiver by such Party of the same condition in the future or a waiver of any other term, provision, covenant or condition. Delay by any Party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term, provision, covenant or condition shall not prevent such Party from later pursuing remedies or insisting upon full performance for the same or any similar breach or failure.
Notices.
All notices, requests, demands, and other communications under this AGREEMENT shall be in writing and shall be deemed to have been duly given on the date of delivery if served personally on the Party to whom notice is to be given, or if mailed, five (5) days after mailing by first class mail, registered or certified mail, postage prepaid, and properly addressed as follows. Any Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.
CITY: City of Rialto
City Clerk's Office
150 S. Palm Avenue
Rialto, CA 92376
GRANTOR: Alfonso Alvarado Jr.
295 E. Home Street
Rialto, CA 92376
17. Condition Precedent: Approval of CITY and GRANTOR.
GRANTOR understands that this AGREEMENT is subject to the approval of City Council of the CITY or authorized designee and that this AGREEMENT shall have no force or effect unless and until such approval has been obtained.
Authority to Sign.
GRANTOR and the signatories for GRANTOR represent and warrant that GRANTOR'S signatories to this AGREEMENT are authorized to enter into this AGREEMENT and that no other authorizations are required to implement this AGREEMENT on behalf of GRANTOR.
Counterparts Signature.
This AGREEMENT may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one AGREEMENT.
20. Entire Agreement.
This AGREEMENT constitutes the entire AGREEMENT between the Parties relating to the subject of this AGREEMENT and supersedes all previous agreements, promises, representations, understandings and negotiations, whether written or oral, among the Parties with respect to the subject matter hereof. The performance of this AGREEMENT constitutes the entire consideration for the conveyance of the TCE and shall relieve CITY of all further obligations or claims on this account or on account of the location, grade or operation of the PROJECT as designed.
21. Recording.
This AGREEMENT shall be recorded in the Official Records of San Bernardino County, State of California. The Parties shall execute all other documents necessary to memorialize or implement the terms and provisions of this AGREEMENT or to memorialize the termination of this AGREEMENT and the TCE.
IN WITNESS WHEREOF, the Parties have executed this AGREEMENT as of the day and year first above written.
CITY: GRANTOR:
CITY OF RIALTO
By:
Arron Brown, Acting City Manager
Date: By:
12-15-23
ATTEST: Date:
By:
Barbara McGee, City Clerk
Date:
APPROVED AS TO FORM:
By:
Eric Vail, City Attorney
Date:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed th locument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California )
County of SAN BERNARDINO )
On before me, Amy Aileen Crow, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
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 they 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
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL-
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - L Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
NOTARY ACKNOWLEDGEMENT
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 San Bernardino
On December 15 → 2023, before me, Maria adriquez, Notary Public, personally appeared Alfonso Alvaradour , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
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. MARIA RODRIGUEZ
Notary Public - California
San Bernardino County
Commission # 2391207
My Comm. Expires Feb 16, 2026
Signature: (Seal)
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
[To be attached]
EXHIBIT "A"
LEGAL DESCRIPTION
IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF LOT 37 OF TRACT. 4439 RECORDED IN BOOK 57, PAGE 57 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 'A'
COMMENCING AT SOUTHEAST CORNER OF SAID LOT 37;
THENCE, ALONG THE EASTERLY LINE OF SAID LOT 37, NORTH 00°03'15" WEST, A DISTANCE OF 32.11 FEET TO THE TRUE POINT OF BEGINNING.
THENCE, LEAVING SAID EASTERLY LINE OF LOT 37, SOUTH 89°56'45" WEST, A DISTANCE OF 9.00 FEET;
THENCE, NORTH 00°03'15" WEST, A DISTANCE OF 26.00 FEET; THENCE, NORTH 89°56'45" EAST, A DISTANCE OF 9.00 FEET TO SAID EASTERLY LINE OF LOT 37;
THENCE, ALONG SAID EASTERLY LINE OF LOT 37, SOUTH 00°03'15" EAST, A DISTANCE OF
26.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 234 SQUARE FEET MORE OR LESS.
ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
PREPARED BY: PROACTIVE ENGINEERING CONSULTANTS
UNDER THE DIRECTION OF:
Helen 1. Man
L.S. 9106 CHARLES. MOORE, L.S. 9106
NOVEMBER 3, 2023
STATE
E HOME AVENUE
30'
LOT 37
TRACT NO. 4439 SYCAMORE AVENUE
M.B. 57/57 123.61'
LOT 38 295 EAST
HOME STREET
APN: 127-243-29
EASEMENT AREA:
PARCEL 'A': ‡234 S.F. 26.00'
N00'03'15" W
L1
TPOB 30°
(PARCEL 'A') 32.11'
POC
PARCEL 2 (PARCEL 'A')
PARCEL MAP NO. 17732
P.M.B. 217 / 55 - 56
SCALE: 1"= 30'
LAND
LINE TABLE SURVEY
NO. BEARING DISTANCE
L1 N89'56'45'E 9.00'
L2 N00 03'15"W 26.00'
L.S.9106
CALIFORNIA
OF
PROACTIVE EXHIBIT "B"
ENGINEERING CONSULTANTS LEGAL DESCRIPTION PLAT
200 S.MAIN ST. STE 300•CORONA CA•92882
DATE: 11/03/23 J.N. 20.153.000 SHEET 1 OF 1
Friday, November 03, 2023 12:40 PM
PROACTIVE ENGINEERING CONSULTANTS, INC.
CLOSURE REPORT
DATE: 11/03/2023 AT 11:24 AM
PROJECT: 20.153.000
DESCRIPTION: CITY OF RIALTO TCE
CREATED BY: M ROBINSON
Easement NAME: TCE - 127-243-29
NORTH: 1867848.326 EAST: 6753488.154
LINE COURSE: S 89°56'45" W LENGTH: 9.00'
NORTH: 1867848.317 LAST 6753479.154
LINE COURSE: N 00°03'15" W ENGTH: 26.001
NORTH: 1867874.317 6753479.129
LINE COURSE: N 83°56 15" = LENGTH: 9.00
NORTH: 1867874.326 6753488.129
LINE COURSE: S 00°03'15" E LENGTH: 26.00'
NORTH: 1867848.326 6753488.154
PERIMETER: 70.00' AREA: 234 SF 0.01 ACRES
MAPCHECK CLOSURE: (USING COURSES, RADII, AND DELTAS)
ERROR CLOSURE: 0.0000 COURSE: N 90°00'00" E
ERROR NORTH: 0.00000 0.00000
CLOSURE ERROR: 0.0000
-1-
CLTA Preliminary Report Form Order Number: NHSC-7042951 (jd) (Rev. 11/06) Page Number: 1
A ME
First American Title™*
First American Title Company
1250 Corona Pointe Court, Suite 200
Corona, CA 92879
Jason Moore
Proactive Engineering
200 S. Main Street, Suite 300
Corona, CA 92882
Customer Reference: "20.153.002 - Morgan Elementary"
Order Number: NHSC-7042951 (jd)
Title Officer: Jesus Duran
Phone: (951)256-5820
Fax No.: (714)481-9208
E-Mail: [email protected]
Buyer:
Property: APN 0127-243-29, 295 E. Home St.
Rialto, CA
PRELIMINARY REPORT
shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.
Please be advised that any provision contained in this document, or in a document that is attached, linked or referenced in this document, that under applicable law illegally discriminates against a class of individuals based First American Title
Order Number: NHSC-7042951 (jd)
Page Number: 2
on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial statı ability, national origin, or any other legally protected class, is illegal and unenforceable by lav his report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy o tle insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of titl insurance, a Binder or Commitment should be requested.
First American Title
Order Number: NHSC-7042951 (jd)
Page Number: 3
Dated as of October 02, 2023 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To Be Determined
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
ALFONSO ALVARADO JR., A SINGLE MAN
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows:
General and special taxes and assessments for the fiscal year 2023-2024.
First Installment: $2,604.06, OPEN
Penalty: $0.00
Second Installment $2,604.04, OPEN
Penalty: $0.00
Tax Rate Area: 006003
A. P. No.: 0127-243-29-0-000
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.
An easement for pipe line, water conduit and incidental purposes in the document recorded May 03, 1915 in Book 566 of Deeds, Page 165.
The location of the easement cannot be determined from record information.
An easement shown or dedicated on the Map as referred to in the legal description For: Public utility and incidental purposes.
First American Title
Order Number: NHSC-7042951 (jd)
Page Number: 4
5. Covenants, conditions, and restrictions in the document recorded March 16, 1955 as Book 3593, Page 308 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction, if any, indicating a preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, handicap, veteran or military status, genetic information, national origin, source of income as defined in subdivision (P) of Section 12955, or ancestry, to the extent that such covenants, conditions or restrictions violate applicable state or federal laws. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.
6. An easement for pole lines, conduits and incidental purposes, recorded May 16, 1955 as Book 3645,
In Favor of: Southern California Edison Company
Affects: as described therein
An easement for either or both pole lines, conduits and incidental purposes, recorded June 17, 1955 as Book 3670, Page 221 of Official Records.
In Favor of: Pacific Telephone and Telegraph Company
Affects: over the Southerly 5 feet of said land
A deed of trust to secure an original indebtedness of $187,200.00 recorded OCTOBER 30, 2008 as INSTRUMENT NO. 2008-0479843 OF OFFICIAL RECORDS.
Dated: OCTOBER 21, 2008
Trustor: ALFONSO ALVARADO, JR., A SINGLE MAN
Trustee: ORANGE COAST TITLE OF THE INLAND EMPIRE
Beneficiary: MORTGAGE SOLUTIONS MANAGEMENT, INC.
a. If this deed of trust is to be eliminated in the policy or policies contemplated by this report/commitment, the company will require the following for review prior to the recordation of any documents or the issuance of any policy of title insurance:
i. Original note and deed of trust.
ii. Payoff demand statement signed by all present beneficiaries. ili. Request for reconveyance or substitution of trustee and full reconveyance must be signed by all present beneficiaries and must be notarized by a First American approved notary.
b. If the payoff demand statement or the request for reconveyance is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial interest is presently held by trustees under a trust agreement, we will require a certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company.
9. Lien for UNPAID TRASH DISPOSAL in favor of PUBLIC WORKS DEPARTMENT SOLID WASTE MGMT
DIVISION
Against: ALFONSO ALVARADO JR.
Amount: $102.88
Recorded: FEBRUARY 21, 2013 as INSTRUMENT NO. 2013-075827 OF OFFICIAL RECORDS.
First American Title
Order Number: NHSC-7042951 (jd)
Page Number: 5
10. Lien for UNPAID TRASH DISPOSAL in favor of PUBLIC WORKS DEPARTMENT SOLID WASTE MGMT
DIVISION
Against: ALFONSO ALVARADO JR.
Amount: $104.83
Recorded: APRIL 11, 2013 as INSTRUMENT NO. 2013-0149931 OF OFFICIAL RECORDS.
11. Lien for UNPAID TRASH DISPOSAL in favor of PUBLIC WORKS DEPARTMENT SOLID WASTE MGMT
DIVISION
Against: ALFONSO ALVARADO JR.
Amount: $104.83
Recorded: JULY 08, 2013 as INSTRUMENT NO. 2013-0298230 OF OFFICIAL RECORDS.
12. Lien for UNPAID TRASH DISPOSAL in favor of PUBLIC WORKS DEPARTMENT SOLID WASTE MGMT
DIVISION
Against: ALFONSO ALVARADO JR.
Amount: $104.83
Recorded: OCTOBER 10, 2013 as INSTRUMENT NO. 2013-0442513 OF OFFICIAL RECORDS.
13. Assessments and any terms, conditions and provisions contained in the document entitled NOTICE
OF ASSESSMENT SAN BERNARDINO ASSOCIATED GOVERNMENTS LIMITED OBLIGATION IMPROVEMENT BONDS (SANBAG HERO PROGRAM) in favor of SECRETARY TO BOARD OF DIRECTORS SAN BERNARDINO ASSOCIATED GOVERNMENTS, recorded DECEMBER 06, 2013, as INSTRUMENT NO. 2013-0526391, and any and all subsequent amendments thereto.
Said assessments are collected with general and special taxes.
The effect of a document entitled PAYMENT OF CONTRACTUAL ASSESSMENT REQUIRED, recorded DECEMBER 06, 2013 as INSTRUMENT NO. 2013-0526390 of Official Records.
14. Lien for UNPAID TRASH DISPOSAL in favor of PUBLIC WORKS DEPARTMENT SOLID WASTE MGMT
DIVISION
Against: ALFONSO ALVARADO JR.
Amount: $104.83
Recorded: DECEMBER 17, 2013 as INSTRUMENT NO. 2013-0539348 OF OFFICIAL RECORDS.
15. Lien for UNPAID TRASH DISPOSAL in favor of PUBLIC WORKS DEPARTMENT SOLID WASTE MGMT
DIVISION
Against: ALFONSO ALVARADO JR.
Amount: $104.83
Recorded: APRIL 25, 2014 as INSTRUMENT NO. 2014-0148280 OF OFFICIAL RECORDS.
First American Title
Order Number: NHSC-7042951 (jd)
Page Number: 6
16. Lien for UNPAID TRASH DISPOSAL in favor of PUBLIC WORKS DEPARTMENT SOLID WASTE MGMT
DIVISION
Against: ALFONSO ALVARADO JR.
Amount: $104.83
Recorded: JULY 14, 2014 as INSTRUMENT NO. 2014-0253369 OF OFFICIAL RECORDS.
17. Lien for UNPAID TRASH DISPOSAL in favor of PUBLIC WORKS DEPARTMENT SOLID WASTE MGMT
DIVISION
Against: ALFONSO ALVARADO JR.
Amount: $104.83
Recorded: OCTOBER 03, 2014 as INSTRUMENT NO. 2014-0371745 OF OFFICIAL RECORDS.
18. Any defects, liens, encumbrances or other matters which name parties with the same or similar names as ALFONSO ALVARADO JR. The name search necessary to ascertain the existence of such matters has not been completed. In order to complete this preliminary report or commitment, we will require a statement of information.
19. Water rights, claims or title to water, whether or not shown by the Public Records.
First American Title
Order Number: NHSC-7042951 (jd)
Page Number: 7
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction.
1. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) SINGLE FAMILY RESIDENCE known as 295 EAST HOME STREET, RIALTO, CALIFORNIA.
2. According to the public records, there has been no conveyance of the land within a period of twenty- four months prior to the date of this report, except as follows:
None
The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached.
First American Title
Order Number: NHSC-7042951 (jd)
Page Number: 8
LEGAL DESCRIPTION
Real property in the City of Rialto, County of San Bernardino, State of California, described as follows:
LOT 37 OF TRACT NO. 4439, IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 57 PAGE(S) 57 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 0127-243-29-0-000
First American Title
IRIS MAP IS FOR THE PARPOSE Tract No. 4439, M.B. 57/57 City of Rialto 0127 - 24 OF AD VALOREN TATATION COLT. Tax Rate Area
6003
= 85.3
18 19
75-
10 06 (24D - - JANHAY
Loe...... ® O®
601
SHHT 0264
114.73
23.37 0, 30 3t 1 30
5 58 10'65
88°611 sri 16'o2t - 33815
28 S= 31
First American Title 71+70 10'02 U
6003
= 55 29 = = 30
A311V 135.02 101.91
116.23
0133
HONE -A#ENUE - -
48.07 2 g
78CT 75°8ST 39701
4. Page Number: 9
86.55 Order Number: NHSC-7042951 (jd)
REVISED
83783/85 tr
Assessor's
Pin. S.E.1/4, Sec. 35 Book 0127
Februory 2004 T.1N.,R.5W. San Bernordino County
Order Number: NHSC-7042951 (jd)
Page Number: 10
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub- escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible.
First American Title
Order Number: NHSC-7042951 (jd)
Page Number: 11
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE [(07-01-2021) v. 01.00]
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy and We will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; ili. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, or regulatory, or national security power.
C. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27.
Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17.
Any defect, lien, encumbrance, adverse claim, or other matter:
created, suffered, assumed, or agreed to by You;
D. not Known to Us, not recorded in the Public Records at the Date of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy; C. resulting in no loss or damage to You;
attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5, 8.f., 25, 26, 27, 28, or 32); or
e. resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Title at the Date of Policy.
4. to any land outside the area specifically described and referred to in Item 3 of Schedule A; and b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land.
Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21.
5. The failure of Your existing structures, or any portion of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transfer of the Title fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous for any other reason not stated in Covered Risk 30.
7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface Any lien on Your Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and ayable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a. or 27
10. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
For Covered Risk 16,18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: $10,000
1% of polane unt Show in schedule A or $2,500
Covered Risk 18: o of Policy Amount Shown in Schedule A or $5,00 $25,000 vhichever is less
Covered Risk 19: 1% of Policy Amount Shown on Schedule A or $5,000 $25,000 whichever is less
Covered Risk 21: 1% of Policy Amount Shown on Schedule A or $2,500 $5,000 whichever is less)
First American Title
Order Number: NHSC-7042951 (jd)
Page Number: 12
ALTA OWNER'S POLICY [(07-01-2021) V. 01.00]
CLTA STANDARD COVERAGE OWNER'S POLICY [(02-04-22) V. 01.00]
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; ili. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power.
C. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant; ), not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy:
resulting in no loss or damage to the Insured Claimant; attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a:
fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or preferential transfer:
to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
for any other reason not stated in Covered Risk 9.b.
Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.
6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and ayable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.l . Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Lan NOTE: The 2021 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as numbers 1 through 7. The 2021 CLTA Standard Coverage Owner's Policy will include the Western Regional Standard Coverage Exceptions listed below as numbers 1 through 7.
EXCEPTIONS FROM COVERAGE
me historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminat venant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republish or recirculated. Only the remaining provisions of the document are excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters:
1: (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments or real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, -laims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, First American Title
Order Number: NHSC-7042951 (jd)
Page Number: 13
uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights rise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, anc easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Publi Records or are shown in Schedule B.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(i) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date o Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A NOTE: The 2006 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Westerr Regional Standard Coverage Exceptions listed below as numbers 1 through 7.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
First American Title
9//Z
#693 TRACT NO. 4439
SYCAMORE 9 S0•03'I5E 662.97
495.00 les 623.30 par Sear die at Request of BEING A SUBDIVISION OF LOT 156 OF THE SEMI- 1326.84 Auditor
County Mary 1955! TROPIC LAND AND WATER COMPANY SUBDIVISION 3:10P P: AS RECORDED IN BOOK 6 OF MAPS, PAGE 12, REG-
E tron Pipe E'ly. on Line 2 32
E'ly. on 36 30 51-1 Maps ORDS OF SAN BERNARDINO COUNTY, CALIFORNIA 900515€ 38
: AUG. 1954 ARTHUR J. SULLIVAN & ASSOCIATES SCALE I'=100' • SURVEYING •
25 28 29 AVENUE 3.000. LL Atwood
720
- AUDITOR'S CERTIFICATE: • OWNERS CERTIFICATE •
hereby cartily that ording to he reconds I hereby certify rishi heary certily hand to the nal prepare so it-
VIRGIN STREE
in the subdivision shown on the annexed map, and that we are LinG a99eagments collected as faxes, except taxes orspecial assessments not yet payable.
128.49
Dated thistih dan COMMI CAN CARDING CALOR
21 67 10 sul dined am arid of the e to aise is puny can antid to the S89*54'15 E 13/3.65 Rac (ROC. 1341.06 per SEMI-TRADIC) 974.45 es Building Satbact ot Masshe 1955 By Eff: SEpurY : 20 '66 = 71 Rec, 1314.72 per SeMI-INOr
• BOARDOE SUPERVISOR'S CERTICATE
• 65 , 72 N89 6975 W has been erected and fine tine fate of aSia con- 154 1314.23 N99 195W 10/431 STREET Anc. 13/5,38 per Satr-Teopie) = 73 1314.52
AVENUE 25'Bui-jing- 676.15. (314.8l the County Recorder are a lien against said property, but not • NOTARY ACKNOWLEDGEMENT • : 17 -63 : 74 yot payable and said Bon bie and said Bond has ba n duly approred by said
STATE OF CALIFORNIA
1.07 N 39°59 15 W 25'Bulding Setbock Line- L07 NER.831531315.03pm ThaT 1079 ROAD. HARAV L. ALsON, COUNTY GLEAK ANO COUNTY OF SAN BERNARDINO S5:
N 89° 59'15°W 62 Datedthis.. I% day 2E-ORNCIO GLERM OR THE BOARO OU : 16 = 75 N89° 58'20 W SUPRRVISORI
HOME-- 52(6 0f Maps) of. MARCH,... 1955
.15 • 61 = 765 Visemin Herder
130.39
LINE LOT 158
• 146 50 77 • COUNTY SURVEYOR'S CERTIFICATE •
es Bunding Satback Line 12 VIRGINIA- No'o I herebu certifu that have eismined the the annexed Sit and fair Coutfie. Ordinice tap i hee bit complied
12 390,00
* WALNUT BASE
GO
SOUTH CINE LOT 156
DEPUTY
340,00
- DAYOF COUNTY OR SAN BERNSRDING
TATA OF CALIRORINIA
...March,.... 1955
v80- 1g ran Ape herean aclually exist & their positions dra correctly shown; and Setback Line D V. R.P.spike 67a, Article, soristen toy anure of 154, Chure let Pete ATTAN L ALISON Soard of Supervisors of Son Bernardino County that the setting Ge the Cland of Supervision Glenk ort of Riverside Annu=S
Sentmber,.... 1954
Ed k Rein. Bar
LOT 155
2115 57-57
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
City of Rialto
City Clerk's Office
150 S. Palm Avenue
Rialto, CA 92376
THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
AGREEMENT
THIS TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
AGREEMENT ("AGREEMENT") is entered into as of the 9th day of January 2024, by and between Jose Cruz Rivera ("GRANTOR") and the CITY OF RIALTO, a Municipal Corporation and general law city, ("CITY"). GRANTOR and CITY may also be referenced as Party or Parties.
RECITALS
A. GRANTOR is the legal owner of real property, including all improvements located thereon, in the City of Rialto, County of San Bernardino, State of California, and more particularly known as commonly known as 1346 N Sycamore Avenue, Rialto, 92376 (APN: 012724106) ("PROPERTY");
B. CITY is constructing sidewalk improvements along N Sycamore Avenue (PROJECT'). The PROJECT consists of:
• The demolition and construction of a driveway and driveway approach for the PROPERTY along N Sycamore Avene.
C. To construct the PROJECT, the City will need a temporary construction easement ("TCE") in and over portions of the PROPERTY as more particularly depicted in Exhibit "A".
TERMS
NOW, THEREFORE, in consideration of the promises set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY and GRANTOR agree as follows:
Incorporation of Recitals.
Each of the Recitals set forth above is incorporated herein by this reference.
Grant of Temporary Construction and Access Easement.
GRANTOR hereby grants to CITY the TCE for the purposes of constructing the PROJECT. The TCE shall include, without limitation, the right and privilege of City and its employees, agents, representatives, contractors, subcontractors, and workmen (collectively "AUTHORIZED PERSONNEL") to: (i) use, control, and occupy the TCE in order to perform all activities as may be necessary for construction of the PROJECT; (ii) use and temporarily place and operate tools, equipment, machinery, and materials on and within the TCE area; (iii) remove improvements, and trim, cut, or clear away any trees, brush, or other vegetation or flora within the TCE area. Hereinafter, items (i)-(iii) shall be collectively referred to as the "Work."
The TCE term shall be for a period not to exceed three (3) months. Actual physical use of and occupation of the TCE area for Project construction purposes, and all uses appurtenant thereto, shall commence following written notice provided to the property owner(s) by the City or Authorized Personnel. At the expiration of the TCE term, the City shall restore such property to a condition as near as practicable to the condition that existed immediately prior to City's operations. The City, however, shall not be required to restore vegetation to the pre-existing condition. The City will at all times during the TCE term allow the property owners) to have and maintain reasonable access to and from the larger parcel. Upon completion of the Work, City will cause all of the equipment, materials, tools, trash, and debris to be removed from the TCE area.
In no event shall the term of the TCE extend beyond December 31, 2024.
CITY Performed Work.
Ali work done under this AGREEMENT shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner.
Indemnification.
CITY shall indemnify, defend and hold harmless GRANTOR, from and against all claims, causes of action, damages, liabilities, injuries, actions, costs and expenses ("CLAIMS"), caused by the gross negligence or willful misconduct of the CITY in the exercise of CITY's rights under this AGREEMENT, or work performed in connection with the PROJECT, excepting only such CLAIMS as may be the result of intentional acts or negligence of the GRANTOR.
7. No Leases.
GRANTOR warrants there are no oral or written leases on all or any portion of the TCE area. In the event the CITY later determines that there is an oral or written lease on all or a portion of the TCE area, GRANTOR shall hold CITY harmless and reimburse CITY for any and all of its losses and expenses occasioned by reason of any lease of the TCE area.
8. Release of Claims.
Except as otherwise provided in Clause 4 herein, GRANTOR hereby waives and releases all rights, claims, costs, expenses, demands, damages or causes of action the GRANTOR has or may have in the future against CITY as a result of or arising out of CITY'S construction of the PROJECT, and acquisition of the TCE area. GRANTOR acknowledges that it is familiar with Section 1542 of the Civil Code of the State of California, which provides:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." GRANTOR hereby waives and relinquishes any right or benefit which it has or may have under Section 1542 of the Civil Code of the State of California or any similar provision of statutory or nonstatutory law of any other applicable jurisdiction to the full extent that it may lawfully waive all such rights and benefits pertaining to the subject matter of this Section.
9. Integrity of Property.
Except as otherwise provided herein or by express written permission granted by CITY, GRANTOR shall not, after the date of execution of this AGREEMENT and the receipt of consideration, alienate, lien, encumber or otherwise transfer the PROPERTY or any portion thereof or allow the same to occur, cause or allow any physical changes on the PROPERTY, or enter into a lease or contract with respect to the PROPERTY or any portion thereof which would survive the receipt of consideration and impair CITY'S use of the TCE. At its sole expense, GRANTOR shall maintain the PROPERTY in a condition so as not to interfere with CITY'S TCE.
Modification, Waiver.
No modification, waiver, amendment or discharge of this AGREEMENT shall be valid unless the same is in writing and signed by both Parties.
10. Severability.
If any term, provision, covenant or condition of this AGREEMENT is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this AGREEMENT shall be severable and shall not be affected thereby, and each of the remaining terms, provisions, covenants or conditions of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law.
11. Specific Performance and Other Remedies.
The Parties understand that the interests and rights being conveyed by this AGREEMENT are unique and for that reason, among others, the Parties will be irreparably damaged in the event that this AGREEMENT is not specifically enforced. Accordingly, in the event of any controversy concerning the obligations under this AGREEMENT, such obligation shall be enforceable by a decree of specific performance or by injunction. Such remedies and all other rights and remedies set forth herein shall be cumulative and not exclusive, and shall be in addition to any and all other remedies which the Parties may have hereunder at law or in equity.
12. Successors and Assigns.
This AGREEMENT shall run with the land. All terms of this AGREEMENT shall be binding upon, inure to the benefit of, and be enforceable by the Parties hereto and their respective heirs, legal representatives, successors, and assigns.
13. Waiver.
The waiver by one Party of the performance of any term, provision, covenant or condition shall not invalidate this AGREEMENT, nor shall it be considered as a waiver by such Party of the same condition in the future or a waiver of any other term, provision, covenant or condition. Delay by any Party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term, provision, covenant or condition shall not prevent such Party from later pursuing remedies or insisting upon full performance for the same or any similar breach or failure.
14. Notices.
All notices, requests, demands, and other communications under this AGREEMENT shall be in writing and shall be deemed to have been duly given on the date of delivery if served personally on the Party to whom notice is to be given, or if mailed, five (5) days after mailing by first class mail, registered or certified mail, postage prepaid, and properly addressed as follows. Any Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.
CITY: City of Rialto
City Clerk's Office
150 S. Palm Avenue
Rialto, CA 92376
GRANTOR: Jose Cruz Rivera
1346 N Sycamore Avenue
Rialto, CA 92376
Condition Precedent: Approval of CITY and GRANTOR.
GRANTOR understands that this AGREEMENT is subject to the approval of City Council of the CITY or authorized designee and that this AGREEMENT shall have no force or effect unless and until such approval has been obtained.
18. Authority to Sign.
GRANTOR and the signatories for GRANTOR represent and warrant that GRANTOR'S signatories to this AGREEMENT are authorized to enter into this AGREEMENT and that no other authorizations are required to implement this AGREEMENT on behalf of GRANTOR.
19. Counterparts Signature.
This AGREEMENT may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one AGREEMENT.
20. Entire Agreement.
This AGREEMENT constitutes the entire AGREEMENT between the Parties relating to the subject of this AGREEMENT and supersedes all previous agreements, promises, representations, understandings and negotiations, whether written or oral, among the Parties with respect to the subject matter hereof. The performance of this AGREEMENT constitutes the entire consideration for the conveyance of the TCE and shall relieve CITY of all further obligations or claims on this account or on account of the location, grade or operation of the PROJECT as designed.
21. Recording.
This AGREEMENT shall be recorded in the Official Records of San Bernardino County, State of California. The Parties shall execute all other documents necessary to memorialize or implement the terms and provisions of this AGREEMENT or to memorialize the termination of this AGREEMENT and the TCE.
IN WITNESS WHEREOF, the Parties have executed this AGREEMENT as of the day and year first above written.
CITY: GRANTOR:
CITY OF RIALTO JOSE CRUZ RIVERA
By: on for liven
Arron Brown, Acting City Manager
Date: By:
ATTEST: Date: Dec. 1,2023
By: _
Barbara McGee, City Clerk
Date:
APPROVED AS TO FORM:
By:
Eric Vail, City Attorney
Date:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 SAN BERNARDINO )
on Dec. 7 2023 before me, Amy Aileen Crow, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Jose cruz Rivera
Name(s) of Signers)
. '
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 they 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.
AMY AILEEN CROW WITNESS my hand and official seal.
Notary Public - California
San Bernardino County
Commission # 2349453
My Comm. Expires Mar 16, 2025 Signature auleen Clow
Ime signature of Nolary Public
Place Notary Seal Above
- OPTIONAL•
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General •Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
NOTARY ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verties only the identity of the ndividual who signed the document to which this certificate is attached, and not th ruthfulness, accuracy, or validity of that documen
STATE OF CALIFORNIA
)
COUNTY OF
On , 2023, before me, , Notary Public,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: (Seal)
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
[To be attached]
EXHIBIT "A"
LEGAL DESCRIPTION
IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF LOT 31 OF TRACT. 4439 RECORDED IN BOOK 57, PAGE 57 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 'A'
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 31;
THENCE, ALONG THE NORTHERLY LINE OF SAID LOT 31, NORTH 89°59'08" WEST, A DISTANCE OF 8.00 FEET;
THENCE, LEAVING SAID NORTHERLY LINE OF LOT 31, SOUTH 00°03'15" EAST, A DISTANCE OF 14.00 FEET;
THENCE, SOUTH 89°59'08" EAST, A DISTANCE OF 8.00 FEET TO THE EASTERLY LINE OF SAID LOT 31;
THENCE, ALONG SAID EASTERLY LINE OF LOT 31, NORTH 00°03'15" WEST, A DISTANCE OF
14.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 112 SQUARE FEET MORE OR LESS.
ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
PREPARED BY: PROACTIVE ENGINEERING CONSULTANTS
UNDER THE DIRECTION OF:
L.S. 9106
NOVEMBER 3, 2023
STATE TOPIA
LOT 27 LOT 32
N895908 120.00'
8.00 POB
(PARCEL 'A')
L 1 14.00
65.00'
LOT 31
TRACT NO. 4439
M.B. 57/57
LOT 28 £ SYCAMORE AVENUE
1346 NORTH SYCAMORE AVENUE N00 03'15"W
APN: 127-241-06
30'
LOT 29 LOT 30
SCALE: 1"= 20'
LINE TABLE
NO. BEARING DISTANCE
LAND L1 N8959'8'N 8.00' EASEMENT AREA:
CENSED N00 03'15"W 15.00' | PARCEL 'A': +112 S.F.
HALES UNDER
L.S./9106 EXHIBIT "В"
DATE OF CATOR PROACTIVE
ENGINEERING CONSULTANTS LEGAL DEPICTION
200 S.MAIN ST. STE 300 •CORONA C4.92882
DATE: 11/03/23 J.N. 20.153.000 SHEET 1 OF 1
Friday, November 03, 2023 12:40 PM
PROACTIVE ENGINEERING CONSULTANTS, INC.
CLOSURE REPORT
DATE: 11/03/2023 AT 11:24 AM
PROJECT: 20.153.000
DESCRIPTION: CITY OF RIALTO TCE
CREATED BY: M _ROBINSON
Easement NAME: TCE - 127-241-06
NORTH: 1868154.803 EAST: 6753487.864
COURSE: N 89°59'08" W LENGTH: 8.00'
NORTH: 1868154.805 6753479.864
LINE COURSE: S 00°03'15" E LENGTH: 14.00'
NORTH: 1868140.805 6753479.877
LINE COURSE: $ 89°59'08" E LENGTH: 8.00'
NORTH: 1868140.803 6753487.877
LINE COURSE: N 00°03'15" W LENGTH: 14.00'
NORTH: 1868154.803 6753487.864
PERIMETER: 44.00' AREA: 112 SF 0.00 ACRES
MAPCHECK CLOSURE: (USING COURSES, RADII, AND DELTAS)
ERROR CLOSURE: 0.0000 COURSE: N 90°00'00" E
ERROR NORTH: 0.00000 0.00000
CLOSURE ERROR: 0.0000
-1-
CLTA Preliminary Report Form Order Number: NHSC-7042944 (jd) (Rev. 11/06) Page Number: 1
AMERICA +
First American Title™
First American Title Company
1250 Corona Pointe Court, Suite 200
Corona, CA 92879
Jason Moore
Proactive Engineering
200 S. Main Street, Suite 300
Corona, CA 92882
Customer Reference: "20.153.002 - Morgan Elementary"
Order Number: NHSC-7042944 (jd)
Title Officer: Jesus Duran
Phone: (951)256-5820
Fax No.: (714)481-9208
E-Mail: [email protected]
Buyer:
Property: APN 0127-241-06, 1346 N. Sycamore Ave.
Rialto, CA
PRELIMINARY REPORT
shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.
Please be advised that any provision contained in this document, or in a document that is attached, linked or referenced in this document, that under applicable law illegally discriminates against a class of individuals based First American Title
Order Number: NHSC-7042944 (jd)
Page Number: 2
Isab per matohar artin, dres sycher legally protected as, is iea and tenforceable by nair, familial status isability, national origin, '
This resurance and no laply sume herely. i s es ested abi to be sure por to the stance race of or ite insurance, a Binder or Commitment should be requested.
First American Title
Order Number: NHSC-7042944 (jd)
Page Number: 3
Dated as of October 02, 2023 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To Be Determined
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
JOSE CRUZ RIVERA, AN UNMARRIED MAN
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2023-2024.
First Installment: $2,826.53, OPEN
Penalty: $0.00
Second Installment: $2,826.52, OPEN
Penalty: $0.00
Tax Rate Area: 006003
A. P. No.: 0127-241-06-0-000
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.
3. An easement for Pipe Lines, Water Conduits and incidental purposes in the document recorded in Book 566 of Deeds, Page 165.
The location of the easement cannot be determined from record information.
First American Title
Order Number: NHSC-7042944 (jd)
Page Number: 4
4. An easement shown or dedicated on the Map as referred to in the legal description For: Public Utility and incidental purposes.
5. Covenants, conditions, and restrictions in the document recorded as Book 3593, Page 308 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction, if any, indicating a preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, handicap, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, to the extent that such covenants, conditions or restrictions violate applicable state or federal laws. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.
6. An easement for either or both Pole Lines, Conduits and incidental purposes, recorded as Book 3645,
In Favor of: Southern California Edison Company, a Corporation Affects: as described therein
An easement for either or both Pole Lines, Conduits and incidental purposes, recorded as Book 3670,
In Favor of: Pacific Telephone & Telegraph Company, a Corporation Affects: as described therein
A deed of trust to secure an original indebtedness of $409,500.00 recorded JULY 13, 2021 as INSTRUMENT NO. 2021-0313979 OF OFFICIAL RECORDS.
Dated: JULY 06, 2021
Trustor: JOSE CRUZ RIVERA, AN UNMARRIED MAN
Trustee: QUALITY LOAN SERVICE, CORP
Beneficiary: Mortgage Electronic Registration Systems, Inc. ("MERS"), as Nominee for
Lender: FREEDOM MORTGAGE CORPORATION
A deed of trust to secure an original indebtedness of $86,226.00 recorded SEPTEMBER 27, 2023 as INSTRUMENT NO. 2023-0238741 OF OFFICIAL RECORDS.
Dated: SEPTEMBER 20, 2023
Trustor: JOSE CRUZ RIVERA, AN UNMARRIED MAN
Trustee: QUALITY LOAN SERVICE CORP
Beneficiary: Mortgage Electronic Registration Systems, Inc. ("MERS"), as Nominee for
Lender: SPRING EQ, LLC
First American Title
Order Number: NHSC-7042944 (jd)
Page Number: 5
10. Any defects, liens, encumbrances or other matters which name parties with the same or similar names as JOSE CRUZ RIVERA. The name search necessary to ascertain the existence of such matters has not been completed. In order to complete this preliminary report or commitment, we will require a statement of information.
11. Water rights, claims or title to water, whether or not shown by the Public Records.
First American Title
Order Number: NHSC-7042944 (jd)
Page Number: 6
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction.
According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) SINGLE FAMILY RESIDENCE known as 1346 NORTH SYCAMORE AVENUE, RIALTO, CALIFORNIA.
2. According to the public records, there has been no conveyance of the land within a period of twenty- four months prior to the date of this report, except as follows:
None
The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached.
First American Title
Order Number: NHSC-7042944 (jd)
Page Number: 7
LEGAL DESCRIPTION
Real property in the City of Rialto, County of San Bernardino, State of California, described as follows:
LOT 31 OF TRACT NO. 4439, IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 57 PAGE 57 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 0127-241-06-0-000
First American Title
Tract No. 4439, M.B. 57/57 of Rialto 0127 - 24
HIS NAP IS DOR TRE PERPOSE City
OF AD TALORES TAYATICK OF.T. Tox Rote Area
6003
" = 36
10: 021 241
01000000o
or
-HHH 001
0264
110.23
- 38
68'65 10-09 16-05 88°89 26 ÷
SE•81L cri 20• 0z0
First American Title - 7A10 28 es -3801
10'021 ·1700-
1: 55 20:01 29 == 30
13178 13.58
0133
554 ® -AHINUE --
101.12
® ®
12 rul 05-801 (243) 15'r0 58°351
Page Number: 8
120
Order Number: NHSC-7042944 (jd)
REVISIO
1323/83 tr
F.TN.P.5V/4, Seo.35 SSK 0025 Mage
Februory 2004 Bernardino County
Order Number: NHSC-7042944 (jd)
Page Number: 9
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub- escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible.
First American Title
Order Number: NHSC-7042944 (jd)
Page Number: 10
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE [(07-01-2021) v. 01.00]
EXCLUSIONS FROM COVERAGE
The following matters are exuded from the coverage of this policy and We will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
il. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, or regulatory, or national security power. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27. 2 Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
created, suffered, assumed, or agreed to by You;
b. not Known to Us, not recorded in the Public Records at the Date of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy; C. resulting in no loss or damage to You;
attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5, 8.f., 25, 26, 27, 28, or 32); or
e. resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Title at the Date of Policy.
4. Lack of a right:
to any land outside the area specifically described and referred to in Item 3 of Schedule A; and b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land.
Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 o 21.
5. The failure of Your existing structures, or any portion of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 1- or 15.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transfer of the Title to You is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or C. preferential transfer:
to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 30.
7. 8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface
9. Any lien on Your Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a. or 27.
10. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
LIMITATIONS ON COVERED RISKS
Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount Shown in Schedule A or $2,500 $10,000 (whichever is less)
Covered Risk 18: 1% of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less)
Covered Risk 19: 1% of Policy Amount Shown on Schedule A or $5,000 $25,000 (whichever is less)
Covered Risk 21: 1% of Policy Amount Shown on Schedule A or $2,500 $5,000 (whichever is less)
First American Title
Order Number: NHSC-7042944 (jd)
Page Number: 11
ALTA OWNER'S POLICY [(07-01-2021) V. 01.00]
CLTA STANDARD COVERAGE OWNER'S POLICY [(02-04-22) V. 01.00]
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; ili. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power.
C. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
C. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a:
fraudulent conveyance or fraudulent transfer;
voidable transfer under the Uniform Voidable Transactions Act; or preferential transfer:
to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous for any other reason not stated in Covered Risk 9.b.
5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.
6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b.
7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
NOTE: The 2021 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as numbers 1 through 7. The 2021 CLTA Standard Coverage Owner's Policy will include the Western Regional Standard Coverage Exceptions listed below as numbers 1 through 7.
EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule Bas if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, First American Title
Order Number: NHSC-7042944 (jd)
Page Number: 12
uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights easements as orated eit, or apace reseto, or ote or not and it any a ts, i let dim ate i per a he public.
Records or are shown in Schedule E
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
1) the occupancy, use, or enjoyment of the Land
( the suavion lim anions, or location of any improvement erected on the Land or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy however, this does not modify or limit the coverage provided under Covered Risk (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
NOTE: The 2006 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as numbers 1 through 7.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records.
5. • Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance there; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
First American Title
9//Z
fd. R.R. spikes TRACT NO. 4439
#693
SYCAMORE 9 S0°03'15"E 1905 (280 пог бем-Торос) AVENUE wotini at Request of BEING A SUBDIVISION OF LOT 156 OF THE SEMI- 30 Auditor
CountyMar 1 1955 TROPIC LAND AND WATER COMPANY SUBDIVISION Sail rom Pine 2 AS RECORDED IN BOOK 6 OF MAPS, PAGE 12, REC- E'ly.on. 36 33 ORDS OF SAN BERNARDINO COUNTY, CALIFORNIA oRd2 36 51.-
138.55- AUG, 1954 ARTHUR J.SULLIVAN & ASSOCIATES SCALE 15100' • SURVEYING •
2'15 C 126 26 8 RUE- N28 1029 105.02 AVENUE 00S 138.54 L'L.Atwood, 1315,40 a SEMARONG • AUDITOR'S CERTIFICATE • • OWNER'S CERTIFICATE:
VASA STREET 2 2.
the only persons whosa consent is necessary to pesy a clear 93 me illued as are el tapes ores orgacial file to sid drusion and own within the co red borer times t assessments not yet payable.
18.42 PW.NICHOLS, COUNTY AUDITOR
Dated this.tah. dau ColTY ce SAN BaRMARDINa, CALIF.
67 то A Marohi.. 1955.
ed Building Setbace Line By Elis Pretues
DEpuTY
:20 '66 = 71
N895915W 37545 13/4.52 (Rec, 1314.72 par Semi-TRaor • BOARDOF SUPERVISODAS CERTICATE he hereby convey and dedicate to the County of tan Bernardino STREET all righte ol vehicular ingress to or vehicular agrass : 19 • 72 ad and filed with the Board of Supervisors from lots 1 thru 9 inclusive, over and across the 25 Buining Serback Line 13/5.36 per Sar-Yeopsc) of the Countyot San Bernardino, State of California con- AVENUE 38995415°E 154 46 158 1503p TAKY 07 ROAD- ditioned upon the: ent of all taxes State, County, : 18 64 - 73
426.45 1314.8/ • NOTARY ACKNOWLEDGEMENT:
: 17 • 63 N 89'55 5 : 74 STATE OF CALIFORNIA
25'Buiding Setbock Line: O RUE 2 L07 HaRAV L. ALUJON, COUNTY GLEAK ANO COUNTY OF SAN BERNARDINO S5:
N 89°59 15 W 62 = 15 Dated this. It day AL-ORTICIO GLARA DE THE BOARD OF • 16 SUMeRVISORS
HOME-- N89° 5820"W 3K. 52/6 oF Maps) A. MARCH.... 1955 or ViD enis Werdee 1, 76
LINE LOT 158
50 77 •COUNT SURVEYOR'S CERTIFICATE
es Bending Setbocklin 22 VIRGINIA.
map, that the subdivision shown thenson is substantially the sama -WALNUT 8N 0901457K with and lam satisfied that this map is technically correct 12 BASE
• HOME AVENUE
SOUTH LINE LOT 154→ 57 56 DEPUTY
• SURVEYOR'S CERTIFICATE •
sure ache he state of attent at this mat consciend COUNTER SAN BERNANIN nell) sheet correctly represents a survey made under my ..MArch.......1955 Supervision in Aug, 1954; that all the perimater manumants shom 120- 21 ran Pie henson actually exist 6 their positions are correchly shown; and 25 Building Setback Line? ATTEST:
el spike HARRY L. ALLISON
Board of Supervisors of an Bernardino Coumhy that the setting County Clerk and ex officio Clerk of the Board of Supervisors
140 incapan in the subtin the let of the starte By Vi Bania Wardee No o145 8658820300ST) AVENUE
Daputy
fd klein. Bar Fontember... 1954
407 155
2115 57-57
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
City of Rialto
City Clerk's Office
150 S. Palm Avenue
Rialto, CA 92376
THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
AGREEMENT
THIS TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
AGREEMENT ("AGREEMENT") is entered into as of the 9th day of January 2024, by and between Juan Leonardo and Leticia Noemi Leonardo ("GRANTOR") and the CITY OF RIALTO, a Municipal Corporation and general law city, ("CITY"). GRANTOR and CITY may also be referenced as Party or Parties.
RECITALS
A. GRANTOR is the legal owner of real property, including all improvements located thereon, in the City of Rialto, County of San Bernardino, State of California, and more particularly known as commonly known as 1356 N Sycamore Avenue, Rialto, 92376 (APN: 012724105) ("PROPERTY");
B. CITY is installing a sidewalk along N. Sycamore Avenue ("PROJECT"). The PROJECT consists of:
• The demolition and construction of a driveway and driveway approach for the PROPERTY along N. Sycamore Avenue.
C. To construct the PROJECT, the City will need a temporary construction easement ("TCE") in and over portions of the PROPERTY as more particularly depicted in Exhibit "A".
TERMS
NOW, THEREFORE, in consideration of the promises set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY and GRANTOR agree as follows:
Incorporation of Recitals.
Each of the Recitals set forth above is incorporated herein by this reference.
Grant of Temporary Construction and Access Easement.
GRANTOR hereby grants to CITY the TCE for the purposes of constructing the PROJECT. The TCE shall include, without limitation, the right and privilege of City and its employees, agents, representatives, contractors, subcontractors, and workmen (collectively "AUTHORIZED PERSONNEL") to: (i) use, control, and occupy the TCE in order to perform all activities as may be necessary for construction of the PROJECT; (i) use and temporarily place and operate tools, equipment, machinery, and materials on and within the TCE area; (ii) remove improvements, and trim, cut, or clear away any trees, brush, or other vegetation or flora within the TCE area. Hereinafter, items (1)-(iii) shall be collectively referred to as the "Work."
The TCE term shall be for a period not to exceed three (3) months. Actual physical use of and occupation of the CE area for Project construction purposes, and all uses appurtenant thereto, shall commence following written notice provided to the property owner(s) by the City or Authorized Personnel. At the expiration of the TCE term, the City shall restore such property to a condition as near as practicable to the condition that existed immediately prior to City's operations. The City, however, shall not be required to restore vegetation to the pre-existing condition. The City will at all times during the TCE term allow the property owners) to have and maintain reasonable access to and from the larger parcel. Upon completion of the Work, City will cause all of the equipment, materials, tools, trash, and debris to be removed from the TCE area.
In no event shall the term of the TCE extend beyond December 31, 2024.
3. CITY Performed Work.
All work done under this AGREEMENT shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner.
Indemnification.
CITY shall indemnify, defend and hold harmless GRANTOR, from and against all claims, causes ot action, damages, liabilities, injuries, actions, costs and expenses ("CLAIMS), caused by the gross negligence or willful misconduct of the CITY in the exercise of CITY's rights under this AGREEMENT, or work performed in connection with the PROJECT, excepting only such CLAIMS as may be the result of intentional acts or negligence of the GRANTOR.
No Leases.
GRANTOR warrants there are no oral or written leases on all or any portion of the TCE area. In the event the CITY later determines that there is an oral or written lease on all or a portion of the TCE area, GRANTOR shall hold CITY harmless and reimburse CITY for any and all of its losses and expenses occasioned by reason of any lease of the TCE area.
Release of Claims.
Except as otherwise provided in Clause 4 herein, GRANTOR hereby waives and releases all rights, claims, costs, expenses, demands, damages or causes of action the GRANTOR has or may have in the future against CITY as a result of or arising out of CITY'S construction of the PROJECT, and acquisition of the TCE area. GRANTOR acknowledges that it is familiar with Section 1542 of the Civil Code of the State of California, which provides:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." GRANTOR hereby waives and relinquishes any right or benefit which it has or may have under Section 1542 of the Civil Code of the State of California or any similar provision of statutory or nonstatutory law of any other applicable jurisdiction to the full extent that it may lawfully waive all such rights and benefits pertaining to the subject matter of this Section.
9. Integrity of Property.
Except as otherwise provided herein or by express written permission granted by CITY, GRANTOR shall not, after the date of execution of this AGREEMENT and the receipt of consideration, alienate, lien, encumber or otherwise transfer the PROPERTY or any portion thereof or allow the same to occur, cause or allow any physical changes on the PROPERTY, or enter into a lease or contract with respect to the PROPERTY or any portion thereof which would survive the receipt of consideration and impair CITY'S use of the TCE. At its sole expense, GRANTOR shall maintain the PROPERTY in a condition so as not to interfere with CITY'S TCE.
9. Modification, Waiver.
No modification, waiver, amendment or discharge of this AGREEMENT shall be valid unless the same is in writing and signed by both Parties.
10. Severability.
If any term, provision, covenant or condition of this AGREEMENT is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this AGREEMENT shall be severable and shall not be affected thereby, and each of the remaining terms, provisions, covenants or conditions of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law.
11. Specific Performance and Other Remedies.
The Parties understand that the interests and rights being conveyed by this AGREEMENT are unique and for that reason, among others, the Parties will be irreparably damaged in the event that this AGREEMENT is not specifically enforced. Accordingly, in the event of any controversy concerning the obligations under this AGREEMENT, such obligation shall be enforceable by a decree of specific performance or by injunction. Such remedies and all other rights and remedies set forth herein shall be cumulative and not exclusive, and shall be in addition to any and all other remedies which the Parties may have hereunder at law or in equity.
Successors and Assigns.
This AGREEMENT shall run with the land. All terms of this AGREEMENT shall be binding upon, inure to the benefit of, and be enforceable by the Parties hereto and their respective heirs, legal representatives, successors, and assigns.
13. Waiver.
The waiver by one Party of the performance of any term, provision, covenant or condition shall not invalidate this AGREEMENT, nor shall it be considered as a waiver by such Party of the same condition in the future or a waiver of any other term, provision, covenant or condition. Delay by any Party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term, provision, covenant or condition shall not prevent such Party from later pursuing remedies or insisting upon full performance for the same or any similar breach or failure.
14. Notices.
All notices, requests, demands, and other communications under this AGREEMENT shall be in writing and shall be deemed to have been duly given on the date of delivery if served personally on the Party to whom notice is to be given, or if mailed, five (5) days after mailing by first class mail, registered or certified mail, postage prepaid, and properly addressed as follows. Any Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.
CITY: City of Rialto
City Clerk's Office
150 S. Palm Avenue
Rialto, CA 92376
GRANTOR: Juan Leonardo and Leticia Noemi Leonardo
1356 N Sycamore Avenue
Rialto, CA 92376
17. Condition Precedent: Approval of CITY and GRANTOR.
GRANTOR understands that this AGREEMENT is subject to the approval of City Council of the CITY or authorized designee and that this AGREEMENT shall have no force or effect unless and until such approval has been obtained.
18. Authority to Sign.
GRANTOR and the signatories for GRANTOR represent and warrant that GRANTOR'S signatories to this AGREEMENT are authorized to enter into this AGREEMENT and that no other authorizations are required to implement this AGREEMENT on behalf of GRANTOR.
Counterparts Signature.
This AGREEMENT may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one AGREEMENT.
This Entire A constitutes the entire AGREEMENT between the Parties relating to the subject of this AGREEMENT and supersedes all previous agreements, promises, representations, understandings and negotiations, whether written or oral, among the Parties with respect to the subject matter hereof. The performance of this AGREEMENT constitutes the entire consideration for the conveyance of the TCE and shall relieve CITY of all further obligations or claims on this account or on account of the location, grade or operation of the PROJECT as designed.
21. Recording-
This AGREEMENT shall be recorded in the Official Records of San Bernardino County, State of California. The Parties shall execute all other documents necessary to memorialize or implement the terms and provisions of this AGREEMENT or to memorialize the termination of this AGREEMENT and the TCE.
IN WITNESS WHEREOF, the Parties have executed this AGREEMENT as of the day and year first above written.
CITY: GRANTOR:
CITY OF RIALTO JUAN LEONARDO AND
LETICIA NOEMI LEONARDO
By: Jum
By: Arron Brown, Acting Cily Manager
By: Catin 1 Hernando
Date:
ATTEST: Date: 12/12/2023
By:
Barbara McGee, City Clerk
Date:
APPROVED AS TO FORM:
By:
Eric Vail, City Attorney
Date:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 SAN BERNARDINO
on Dacember 12,2023 before me, Amy Aileen Crow, Notary Public Here Insert Name and Title of the Officer
personally appeared Juan Leonardo
Name(s) of Signers)
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 they 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.
AMY AILEEN CROW
Notary Public - Californla
San Bernardino County
Commission # 2349453 Crow
Signature
My Comm. Expires Mar 16, 2025
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing
NOTARY ACKNOWLEDGEMENT
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 San Bernardino )
On December 12=_, 2023, before me, Amy Aileen Crav, Notary Public, personally appeared Leticia N. Leonardo → who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
AMY AILEEN CROW
WITNESS my hand and official seal.
Notary Public - California
San Bernardino County
Commission # 2349453
iro: My Comm. Expires Mar 16, 2025
signature: me Aleen Grow (Seal)
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
[To be attached]
EXHIBIT "A"
LEGAL DESCRIPTION
IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF LOT 32 OF TRACT. 4439 RECORDED IN BOOK 57, PAGE 57 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 'A'
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 32;
THENCE, ALONG THE SOUTHERLY LINE OF SAID LOT 32, NORTH 89°59'08" WEST, A DISTANCE OF 8.00 FEET;
THENCE, LEAVING SAID SOUTHERLY LINE OF LOT 32, NORTH 00°03'15" WEST, A DISTANCE OF 15.00 FEET;
THENCE, SOUTH 89°59'08" EAST, A DISTANCE OF 8.00 FEET TO THE EASTERLY LINE OF SAID LOT 32;
THENCE, ALONG SAID EASTERLY LINE OF LOT 32, SOUTH 00°03'15" EAST, A DISTANCE OF
15.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 120 SQUARE FEET MORE OR LESS.
ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS
AND RIGHTS-OF-WAY OF RECORD, IF ANY
PREPARED BY: PROACTIVE ENGINEERING CONSULTANTS
UNDER THE DIRECTION OF:
* L.S. 9106
NOVEMBER 3, 2023
STAT C OF CALIFORNIA
LOT 26 LOT 33
LOT 32 65.00'
TRACT NO. 4439
M.B. 57/57 E SYCAMORE AVENUE
LOT 27
O00315W
1356 NORTH SYCAMORE AVENUE
APN: 127-241-05
N8959/0 120.00. 8.002 POB
(PARCEL "A')
LOT 28 LOT 31
SCALE: 1"= 20'
LINE TABLE
NO. BEARING DISTANCE
LAND N89:5908 8.00' EASEMENT AREA:
L2 N00 03'15W 15.00' PARCEL 'A': =120 S.F.
ALES IMPOR
L.S./9106 XHIBIT "В"
SATE OF CACON PROACTIVE
ENGINEERING CONSULTANTS LEGAL DEPICTION
200 S.MAIN ST. STE 300 •CORONA CA.92882
DATE: 11/03/23 J.N. 20.153.000 SHEET 1 OF 1
Friday, November 03, 202312:40 PM
PROACTIVE ENGINEERING CONSULTANTS, INC.
CLOSURE REPORT
DATE: 11/03/2023 AT 11:24 AM
PROJECT: 20.153.000
DESCRIPTION: CITY OF RIALTO TCE
CREATED BY: M ROBINSON
Easement NAME: TCE - 127-241-05
NORTH: 1868154.803 EAST: 6753487.864
LINE COURSE: N 89°59'08" W LENGTH: 8.00'
NORTH: 1868154.805 6753479.864
LINE COURS: N COº03'15" W LENGIE: 15.00,
NORTH: 1868169.805 6753479.850
LINE COURSE: S 89°59'08" E LENGTH: 8A00฿
NORTH: 1868169.803 EAST: 6753487.850
LINE COURSE: S 00°03'15" E LENGTH: 15.00'
NORTH: 1868154.803 EAST: 6753487.864
PERIMETER: 46.00' AREA: 120 SF 0.00 ACRES
MAPCHECK CLOSURE: (USING COURSES, RADII, AND DELTAS)
ERROR CLOSURE: 0.0000 COURSE: N 90°00'00" E
ERROR NORTH: 0.00000 EAST: 0.00000
CLOSURE ERROR: 0.0000
- 1-
CLTA Preliminary Report Form Order Number: NHSC-7042945 (jd) (Rev. 11/06) Page Number: 1
FIRST ANI.
First American Title™
First American Title Company
1250 Corona Pointe Court, Suite 200
Corona, CA 92879
Jason Moore
Proactive Engineering
200 S. Main Street, Suite 300
Corona, CA 92882
Customer Reference: "20.153.002 - Morgan Elementary"
Order Number: NHSC-7042945 (jd)
Title Officer: Jesus Duran
Phone: (951)256-5820
Fax No.: (714)481-9208
E-Mail: [email protected]
Buyer:
Property: APN 0127-241-05, 1356 N. Sycamore Ave.
Rialto, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. av not list al liens, defects, a
referened in this document, that under apricine law legaly discriminates against a lass of individuals based First American Title
Order Number: NHSC-7042945 (jd)
Page Number: 2
pon personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial statu isability, national origin, or any other legally protected class, is illegal and unenforceable by lav This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
First American Title
Order Number: NHSC-7042945 (jd)
Page Number: 3
Dated as of October 02, 2023 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To Be Determined
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
JUAN LEONARDO AND LETICIA NOEMI LEONARDO, HUSBAND AND WIFE AS JOINT TENANTS The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows:
General and special taxes and assessments for the fiscal year 2023-2024.
First Installment: $1,325.09, OPEN
Penalty: $0.00
Second Installment: $1,325.05, OPEN
Penalty: $0.00
Tax Rate Area: 006003
A. P. No.: 0127-241-05-0-000
The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.
An easement for construction, maintenance and enlarging pipes and water conduits and incidental purposes in the document recorded May 03, 1915 in Book 566 of Deeds, Page 165.
The location of the easement cannot be determined from record information.
First American Title
Order Number: NHSC-7042945 (jd)
Page Number: 4
4. An easement shown or dedicated on the Map as referred to in the legal description For: Public Utility and incidental purposes.
5. Covenants, conditions, restrictions and easements in the document recorded March 16, 1955 as Book 3593, Page 308 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction, if any, indicating a preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, handicap, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, to the extent that such covenants, conditions or restrictions violate applicable state or federal laws. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.
An easement for Pole Lines and incidental purposes, recorded May 16, 1955 as Book 3645, Page 434 of Official Records.
In Favor of: Southern California Edison Company, a Corporation Affects: the Westerly 6 feet of said land
An easement for Pole Lines and incidental purposes, recorded June 17, 1955 as Book 3670, Page 221 of Official Records.
In Favor of: Pacific Telephone & Telegraph Company, a Corporation Affects: the Westerly 6 feet of said land
8. A deed of trust to secure an original indebtedness of $135,400.00 recorded March 22, 2021 as INSTRUMENT NO. 2021-0128647 OF OFFICIAL RECORDS.
Dated: FEBRUARY 05, 2021
Trustor: JUAN LEONARDO AND LETICIA NOEMI LEONARDO,
HUSBAND AND WIFE, JOINT TENANTS
Trustee: QUALITY LOAN SERVICE, CORP.
Beneficiary: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
Lender: NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER
Water rights, claims or title to water, whether or not shown by the Public Records.
First American Title
Order Number: NHSC-7042945 (jd)
Page Number: 5
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction.
1. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Single Family Residence known as 1356 North Sycamore Avenue, Rialto, California.
According to the public records, there has been no conveyance of the land within a period of twenty. four months prior to the date of this report, except as follows:
None
The map attached, if any, may or may not be a survey of the land depicted hereon. First American First American Title
Order Number: NHSC-7042945 (jd)
Page Number: 6
LEGAL DESCRIPTION
Real property in the City of Rialto, County of San Bernardino, State of California, described as follows:
LOT 32 OF TRACT 4439, IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 57, AT PAGE(S) 57, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 0127-241-05-0-000
First American Title
THIS MAP IS FOR INE PURPOSE Tract No. 4439, M.B. 57/57 City of Rialto 0127 - 24 CE AD VALOREN TAXATION ONLY.
Tax Rate Area
6003
20 $ 36
10'021 (2AD 18-621
10:55 65°95 e
-SHEET 0264
32.27 G 10,30 10 / 30
1000 10•05
56: 511) sti SCi -131415
6 g $ 57
(242)
First American Title 71+70 ·-170407- -7807*3*5
$ 55 50•35 60 U
* * 30
10 | 30 15.58
1311 32.22 185.02 104.31
0133
= 54 @
107.12 38.51;
45.07 = 0 = = e
02°su 95 05 1 (2431 60-891 VS°0CT 35751 IS 8rT
62'cc Page Number: 7
=
85.15 Order Number: NHSC-7042945 (jd)
REVISED
22133/93 L
Ptn. S.E.1/4, Sec.35 Book 0123 Book Mago
February 2004 T.1N.,R.5W. San Bernardino County
Order Number: NHSC-7042945 (jd)
Page Number: 8
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub- escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transter to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible.
First American Title
Order Number: NHSC-7042945 (jd)
Page Number: 9
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE [(07-01-2021) v. 01.00]
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy and We will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; ili. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, or regulatory, or national security power C. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27.
2. Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by You;
b. not Known to Us, not recorded in the Public Records at the Date of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy; resulting in no loss or damage to You;
d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5, 8.f., 25, 26, 27, 28, or 32); or
e. resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Title at the Date of Policy.
4. Lack of a right:
a. to any land outside the area specifically described and referred to in Item 3 of Schedule A; and b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land.
Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21.
5. The failure of Your existing structures, or any portion of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14 or 15.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transfer of the Title to You is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 30.
7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface substance.
9. Any lien on Your Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a. or 27.
10. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
or Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule / he deductible amounts and maximum dollar limits shown on Schedule A are as follow Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount Shown in Schedule A or $2,500 $10,000 (whichever is less)
Covered Risk 18: 1% of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less)
Covered Risk 19: 1% of Policy Amount Shown on Schedule A or $5,000 $25,000 (whichever is less)
Covered Risk 21: 1% of Policy Amount Shown on Schedule A or $2,500 $5,000 (whichever is less)
First American Title
Order Number: NHSC-7042945 (jd)
Page Number: 10
ALTA OWNER'S POLICY [(07-01-2021) V. 01.00]
CLTA STANDARD COVERAGE OWNER'S POLICY [(02-04-22) V. 01.00]
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or
environmental remediation or protection.
any governmental forfeiture, police, regulatory, or national security power. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
created, suffered, assumed, or agreed to by the Insured Claimant; resulting in no loss or damage to the Insured Claimant; attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a:
fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or preferential transfer:
to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 9.b.
Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.
6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b.
7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
NOTE: The 2021 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as numbers 1 through 7. The 2021 CLTA Standard Coverage Owner's Policy will include he Western Regional Standard Coverage Exceptions listed below as numbers 1 throuah 7.
EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, First American Title
Order Number: NHSC-7042945 (jd)
Page Number: 11
uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
Rights or even drain. This elusions fe not l does mot me dy rage pre courage cried us ered is.
2. 3. Defects, liens, encumbrances, adverse daims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this (C) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10): or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
NOTE: The 2006 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as numbers 1 through 7.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
First American Title
et 242 estakes painted white and stamped 012565, at all lot corners unless otherwise noted.
Set l'iron pipes where shown thusiy: • Found monuments as indicated on map shown thusly: 0 Basis of bearings taken from the canterline of Base Line Road, recorded as N89°58'W per Tract No. 4079 6 Records oficate serlic utility easement: of San Bernardino County, California. ; fa. R.R. spike TRACT NO. 4439 # 693
SYCAMORE 9 SO 03'15"€ 30 562.97
wast at Request of BEING A SUBDIVISION OF LOT 156 OF THE SEMI- Auditor TROPIC LAND AND WATER COMPANY SUBDIVISION
CountyMarT 1955
3:10 P: / AS RECORDED IN BOOK 6 OF MAPS, PAGE 12, REC-
36 33 31 30 :57! Maps ORDS OF SAN BERNARDINO COUNTY, CALIFORNIA Ely. YoR:
3 003' 5'E 36 51-
AUG. 1954 ARTHUR J.SULLIVAN & ASSOCIATES SCALE 1100'
• SURVEYING •
25 28 29 105.02 AVENUE *202 1386A IL. Atwood
25 8
1313.40 per Semr7R00IG) 195 • OWNER'S CERTIFICATE •
VIRGINS SET rist e herory cerest than to the real presen or cheer it- in the subdivision shown on the annexed map, and that we are
30.30 priest tailed a are except regarspecial the hypersons why and le cafiant the many o dear 69 assessments not yet payable. map and subdivision as shown within the colored border lines & Naggas COME DISMOLS COUNT AUCTIR we rhe streets to try unny on said man wot li esc Dated this.itak.day
67 1710 Sue in benefit of the senate it our eins a we
o Marahe 1955 By Effi Setur
13/4.23 (Rac. /34.00 per SemiTraorc) '66 = 71 es Building Setboi Les asias • 72 628.15 N8905075W 37745 (ec, 1314,72 pc - MADE SURE YES CERTIFATE all heely covetice dedicates or entician arentino has been executed and filed with the from lots 1 thru 9 inclusive, over and across the AVENUE 509'SAI5E 25 Buiting Setback Line lec.13/5.38 per 5am--Teooic) of the County of San Bernardino, State of Californio con- N09:5943/ 1014.31STREET 64 158 payment of all taxes, State, County, Municipal or Local & all specialassessments collected as 1314.52 faxes, which af the time of filing of the annexed map with
1.07 154 174 • 73 1314.81 the County and stir Bond his been inst said property but not • NOTARY ACKNOWLEDGEMENT• - 63
Bared al Cinerenre STATE OF CALIFORNIA
25 Building Setback Line- 588147 DRUE 2. 107 +NE Rec. N9584, 187503p Tracy *4079 ROAD HARAY L. ALLISON, COUNTY CLERK AND COUNTY OF SAN BERNARDINO SS:
N 89° 59'15'w 62 = 75 Dated this. It day CROMICIO CLERM OR INE BOARD OF HOME-• N89° 5820 ₩ 3к. 62/6 oF Mop of MARCH.,. 1955 V. Senis Wardee * 61 : 76 1220)
60 60 77 VORTH LINE LOT 158 • COUNTY SURVEYOR'S CERTIFICATE • VIRGINIA I hereby certify that i have cumined the the annexed 78 map, that the subdivision shown thereon is substantially the same • 13 51 as it appeared or the tentativs map fany approved a/terations horeof E that all arovisians of the Subdivision Map Act ana Sat and rain Cashie rai his map i technical criet.
& WALNUT 12 BASE
"/
SOUTH LINE LOT 154 - 580 or 7. M. Saso
DEPUTY
10 55% • SURVEYOR'S CERTIFICATE •
su 1, Arthur sullivan, ery certify to the ma canted Land ...March,........1955
5 'RUE.- 20 tron Ape
251 wilding Setback Line 2. that under the provisions of the Statutes of 1943, Chapter 128, Rage ATTA L. ALISON espite 370, Article 5, satisfactory assurance has been furnished the Board of Suparvisors of San Bernardino County that the settind Countu Clerk and ex-officio Clark lintia manment willin this tent will ho remain of the Board of Supervisors RIVERSIDE CAN AVENUE ace one day Sullion Map it of the State. By V Benis Wardee Doputy
.Sentrmprr,.... 1954
- fa % Rein. Bar
L07
2/15 57-57
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
City of Rialto
City Clerk's Office
150 S. Palm Avenue
Rialto, CA 92376
THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
AGREEMENT
THIS TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
AGREEMENT ("AGREEMENT") is entered into as of the 9th day of January 2024, by and between Anthony Martinez and Irene Martinez ("GRANTOR") and the CITY OF RIALTO, a Municipal Corporation and general law city, ("CITY"). GRANTOR and CITY may also be referenced as Party or Parties.
RECITALS
A. GRANTOR is the legal owner of real property, including all improvements located thereon, in the City of Rialto, County of San Bernardino, State of California, and more particularly known as commonly known as 1366 Sycamore Avenue, Rialto, 92376 (APN: 012724104) ("PROPERTY");
B. CITY is constructing sidewalk improvements along N Sycamore Avenue ("PROJECT"). The PROJECT consists of:
• The demolition and construction of a driveway and driveway approach for the PROPERTY along N Sycamore Avene.
C. To construct the PROJECT, the City will need a temporary construction easement ("TCE") in and over portions of the PROPERTY as more particularly depicted in Exhibit "A".
TERMS
NOW, THEREFORE, in consideration of the promises set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY and GRANTOR agree as follows:
Incorporation of Recitals.
Each of the Recitals set forth above is incorporated herein by this reference.
2. Grant of Temporary Construction and Access Easement.
GRANTOR hereby grants to CITY the TCE for the purposes of constructing the PROJECT. The TCE shall include, without limitation, the right and privilege of City and its employees, agents, representatives, contractors, subcontractors, and workmen (collectively "AUTHORIZED PERSONNEL") to: (i) use, control, and occupy the TCE in order to perform all activities as may be necessary for construction of the PROJECT; (i) use and temporarily place and operate tools, equipment, machinery, and materials on and within the TCE area; (ii) remove improvements, and trim, cut, or clear away any trees, brush, or other vegetation or flora within the TCE area. Hereinafter, items (1) -(i) shall be collectively referred to as the "Work."
The TCE term shall be for a period not to exceed three (3) months. Actual physical use of and occupation of the TCE area for Project construction purposes, and all uses appurtenant thereto, shall commence following written notice provided to the property owners) by the City or Authorized Personnel. At the expiration of the TCE term, the City shall restore such property to a condition as near as practicable to the condition that existed immediately prior to City's operations. The City, however, shall not be required to restore vegetation to the pre-existing condition. The City will at all times during the TCE term allow the property owners) to have and maintain reasonable access to and from the larger parcel. Upon completion of the Work, City will cause all of the equipment, materials, tools, trash, and debris to be removed from the TCE area.
In no event shall the term of the TCE extend beyond December 31, 2024.
CITY Performed Work.
All work done under this AGREEMENT shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner.
4. Indemnification.
CITY shall indemnify, defend and hold harmless GRANTOR, from and against all claims, causes of action, damages, liabilities, injuries, actions, costs and expenses ("CLAIMS"), caused by the gross negligence or willful misconduct of the CITY in the exercise of CITY's rights under this AGREEMENT, or work performed in connection with the PROJECT excepting only such CLAIMS as may be the result of intentional acts or negligence of the GRANTOR.
No Leases.
GRANTOR warrants there are no oral or written leases on all or any portion of the TCE area. In the event the CITY later determines that there is an oral or written lease on all or a portion of the TCE area, GRANTOR shall hold CITY harmless and reimburse CITY for any and all of its losses and expenses occasioned by reason of any lease of the TCE area.
Release of Claims.
Except as otherwise provided in Clause 4 herein, GRANTOR hereby waives and releases all rights, claims, costs, expenses, demands, damages or causes of action the GRANTOR has or may have in the future against CITY as a result of or arising out of CITY'S construction of the PROJECT, and acquisition of the TCE area. GRANTOR acknowledges that it is familiar with Section 1542 of the Civil Code of the State of California, which provides:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." GRANTOR hereby waives and relinquishes any right or benefit which it has or may have under Section 1542 of the Civil Code of the State of California or any similar provision of statutory or nonstatutory law of any other applicable jurisdiction to the full extent that it may lawfully waive all such rights and benefits pertaining to the subject matter of this Section.
9. Integrity of Property.
Except as otherwise provided herein or by express written permission granted by CITY, GRANTOR shall not, after the date of execution of this AGREEMENT and the receipt of consideration, alienate, lien, encumber or otherwise transfer the PROPERTY or any portion thereof or allow the same to occur, cause or allow any physical changes on the PROPERTY, or enter into a lease or contract with respect to the PROPERTY or any portion thereof which would survive the receipt of consideration and impair CITY'S use of the TCE. At its sole expense, GRANTOR shall maintain the PROPERTY in a condition so as not to interfere with CITY'S TCE.
9. Modification, Waiver.
No modification, waiver, amendment or discharge of this AGREEMENT shall be valid unless the same is in writing and signed by both Parties.
10. Severability.
If any term, provision, covenant or condition of this AGREEMENT is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this AGREEMENT shall be severable and shall not be affected thereby, and each of the remaining terms, provisions, covenants or conditions of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law.
11. Specific Performance and Other Remedies.
The Parties understand that the interests and rights being conveyed by this AGREEMENT are unique and for that reason, among others, the Parties will be irreparably damaged in the event that this AGREEMENT is not specifically enforced. Accordingly, in the event of any controversy concerning the obligations under this AGREEMENT, such obligation shall be enforceable by a decree of specific performance or by injunction. Such remedies and all other rights and remedies set forth herein shall be cumulative and not exclusive, and shall be in addition to any and all other remedies which the Parties may have hereunder at law or in equity.
12. Successors and Assigns.
This AGREEMENT shall run with the land. All terms of this AGREEMENT shall be binding upon, inure to the benefit of, and be enforceable by the Parties hereto and their respective heirs, legal representatives, successors, and assigns.
13. Waiver.
The waiver by one Party of the performance of any term, provision, covenant or condition shall not invalidate this AGREEMENT, nor shall it be considered as a waiver by such Party of the same condition in the future or a waiver of any other term, provision, covenant or condition. Delay by any Party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term, provision, covenant or condition shall not prevent such Party from later pursuing remedies or insisting upon full performance for the same or any similar breach or failure.
Notices.
All notices, requests, demands, and other communications under this AGREEMENT shall be in writing and shall be deemed to have been duly given on the date of delivery if served personally on the Party to whom notice is to be given, or if mailed, five (5) days after nailing by first class mail, registered or certified mail, postage prepaid, and properly addressed as follows. Any Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.
CITY: City of Rialto
City Clerk's Office
150 S. Palm Avenue
Rialto, CA 92376
GRANTOR: Anthony Martinez and Irene Martinez
1566 N Sycamore
Rialto, CA 92376
17. Condition Precedent: Approval of CITY and GRANTOR.
GRANTOR understands that this AGREEMENT is subject to the approval of City Council of the CITY or authorized designee and that this AGREEMENT shall have no force or effect unless and until such approval has been obtained.
18. Authority to Sign.
GRANTOR and the signatories for GRANTOR represent and warrant that GRANTOR'S signatories to this AGREEMENT are authorized to enter into this AGREEMENT and that no other authorizations are required to implement this AGREEMENT on behalf of GRANTOR.
Counterparts Signature.
This AGREEMENT may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one AGREEMENT.
This ELEAN stutes the entire AGREEMENT between the Parties relating to the subject of this AGREEMENT and supersedes all previous agreements, promises, representations, understandings and negotiations, whether written or oral, among the Parties with respect to the subject matter hereof. The performance of this AGREEMENT constitutes the entire consideration for the conveyance of the TCE and shall relieve CITY of all further obligations or claims on this account or on account of the location, grade or operation of the PROJECT as designed.
21. Recording.
This AGREEMENT shall be recorded in the Official Records of San Bernardino County, State of California. The Parties shall execute all other documents necessary to memorialize or implement the terms and provisions of this AGREEMENT or to memorialize the termination of this AGREEMENT and the TCE.
IN WITNESS WHEREOF, the Parties have executed this AGREEMENT as of the day and vear first above written.
CITY: GRANTOR:
CITY OF RIALTO ANTHONY MARTINEZ AND
IRENE MARTINEZ
By:
Arron Brown, Acting City Manager
Date:
Date: 12-7-2023
ATTEST:
By:
Barbara McGee, City Clerk
Date:
APPROVED AS TO FORM:
By:
Eric Vail, City Attorney
Date:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 SAN BERNARDINO )
On Dec. "7 D42023 before me, Amy Aileen Crow, Notary Public Here Insert Name and Title of the Officer
personally appeared Anthony martinene
Name(s) of Signers)
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 they 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.
AMY AILEEN CROW
Notary Public - California WITNESS my hand and official seal.
San Bernardino County
Commission #2349453
My Comm. Expires Mar 16, 2025
Signature
Signature of Notary Publi
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee ] Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
NOTARY ACKNOWLEDGEMENT
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 th ruthfulness. accuracy, or validity of that document
STATE OF CALIFORNIA )
COUNTY OF )
On _ 2023, before me, → Notary Public,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:_ (Seal)
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
[To be attached]
EXHIBIT "A"
LEGAL DESCRIPTION
IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, THOSE PORTIONS OF LOT 33 OF TRACT. 4439 RECORDED IN BOOK 57, PAGE 57 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 'A'
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 33;
THENCE, ALONG THE NORTHERLY LINE OF SAID LOT 33, NORTH 89°59'08" WEST, A DISTANCE OF 9.00 FEET;
THENCE, LEAVING SAID NORTHERLY LINE OF LOT 34, SOUTH 00°03'16" EAST, A DISTANCE OF 4.00 FEET;
THENCE, SOUTH 89°59'08" EAST, A DISTANCE OF 9.00 FEET TO THE EASTERLY LINE OF SAID LOT 34;
THENCE, ALONG SAID EASTERLY LINE OF LOT 34, NORTH 00°03'15" WEST, A DISTANCE OF
4.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 36 SQUARE FEET MORE OR LESS.
PARCEL 'B'
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 33;
THENCE, ALONG THE SOUTHERLY LINE OF SAID LOT 33, NORTH 89°59'08" WEST, I DISTANCE OF 9.00 FEET
THENCE, LEAVING SAID NORTHERLY LINE OF LOT 34, NORTH 00°03'15" WEST, A DISTANCE OF 19.00 FEET;
THENCE, SOUTH 89°59'08" EAST, A DISTANCE OF 9.00 FEET TO THE EASTERLY LINE OF SAID LOT 34;
THENCE, ALONG SAID EASTERLY LINE OF LOT 34, SOUTH 00°03'15" EAST, A DISTANCE OF
19.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 171 SQUARE FEET MORE OR LESS.
ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
EXHIBIT "A"
LEGAL DESCRIPTION
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS
AND RIGHTS-OF-WAY OF RECORD, IF ANY
PREPARED BY: PROACTIVE ENGINEERING CONSULTANTS
UNDER THE DIRECTION OF:
L.S. 9106 *
NOVEMBER 3, 2023
STATE OF ALIFORNIA
LOT 34
LOT 25 N89:59/08 120.00'
9.00° POB
L2 (PARCEL 'A")
30°
65.00 4.00°-
LOT 33
TRACT NO. 4439
M.B. 57/57
NO00315" E SYCAMORE AVENUE
LOT 26 1366 NORTH SYCAMORE AVENUE
APN: 127-241-04
19.00'
30'
89'59'08 W 120.00,9.00° -POB
(PARCEL 'B')
LOT 32
LOT 27
SCALE: 1"= 20'
LINE TABLE
NO. BEARING DISTANCE EASEMENT AREA:
LAND N89'59'08 W 9.00' PARCEL 'A': £36 S.F.
L2 NO0'03'16"W 4.00'
CENSED L3 N00 0315"W 19.00' PARCEL 'B': ‡171 S.F.
L.S./9106
SATE ALFORD PROACTIVE EXHIBIT "B"
ENGINEERING CONSULTANTS LEGAL DEPICTION
200 S.MAIN ST. STE 300-CORONA CA• 92882
DATE: 11/03/23 J.N. 20.153.000 SHEET 1 OF 1
Friday, November 03, 2023 12:40 PM
PROACTIVE ENGINEERING CONSULTANTS, INC.
CLOSURE REPORT
DATE: 11/03/2023 AT 11:24 AM
PROJECT: 20.153.000
DESCRIPTION: CITY OF RIALTO TCE
CREATED BY: M_ROBINSON
Easement NAME: TCE - 127-241-04 PARCEL A
NORTH: 1868284.804 BAST: 6753487.741
LINE COURSE: N 89°59'08" W LENGTH: 9.00'
NORTH: 1868284.806 EAST: 6753478.741
LINE COURSE: S 00°03'16" E LENGTH: 4.00'
NORTH: 1868280.806 EAST: 6753478.745
LINE COURSE: S 89°59'08" E LENGTH: 9.00'
NORTH: 1868280.804 EAST: 6753487.745
LINE COR:100°3'15 LENGTH: 4.00'
NORTH: 1868284.804 EAST: 6753487.741
PERIMETER: 26.00' AREA: 36 SF 0.00 ACRES
MAPCHECK CLOSURE: (USING COURSES, RADII, AND DELTAS)
ERROR CLOSURE: 0.0000 COURSE: S 89°56'44" W
ERROR NORTH: 0.00000 EAST: 0.00002
CLOSURE ERROR: 0.0000
Easement NAME: TCE - 127-241-04 PARCEL B
NORTH: 1868219.803 EAST: 6753487.802
LINE COURSE: N 89°59'08" W LENGTH: 9.00'
NORTH: 1868219.805 EAST: 6753478.802
LINE COURSE: N 00°03'15" W LENGTH: 19.00'
NORTH: 1868238.805 6753478.785
LINE COURSE: $ 89°59'03" E IENGTH: 9.30:
NORTH: 1868238.803 EAST: 6753487.785
LINE COURSE: s 00°03'15" E LENGTH: 19.00'
NORTH: 1868219.803 EAST: 6753487.802
PERIMETER: 56.00' AREA: 171 SF 0.00 ACRES
MAPCHECK CLOSURE: (USING COURSES, RADII, AND DELTAS)
ERROR CLOSURE: 0.0000 COURSE: N 90°00 ' 00" E
ERROR NORTH: 0.00000 EAST: 0.00000
CLOSURE ERROR: 0.0000
-1-
CLTA Preliminary Report Form Order Number: NHSC-7042946 (jd) (Rev. 11/06) Page Number: 1
•STAMERICA
First American Title™
First American Title Company
1250 Corona Pointe Court, Suite 200
Corona, CA 92879
Jason Moore
Proactive Engineering
200 S. Main Street, Suite 300
Corona, CA 92882
Customer Reference: "20.153.002 - Morgan Elementary"
Order Number: NHSC-7042946 (jd)
Title Officer: Jesus Duran
Phone: (951)256-5820
Fax No.: (714)481-9208
E-Mail: [email protected]
Buyer:
Property: APN 0127-241-04, 1366 N. Sycamore Ave.
Rialto, CA
PRELIMINARY REPORT
in response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared t ssue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate o shoven or refered to as an Exception below or not eluded from coverage pursuanty to the prited Schedule, Conelton rance not Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.
Please be advised that any provision contained in this document, or in a document that is attached, linked or referenced in this document, that under applicable law illegally discriminates against a class of individuals based First American Title
Order Number: NHSC-7042946 (jd)
Page Number: 2
upon personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or any other legally protected class, is illegal and unenforceable by law.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
First American Title
Order Number: NHSC-7042946 (jd)
Page Number: 3
Dated as of October 04, 2023 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To Be Determined
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
ANTHONY MARTINEZ AND IRENE MARTINEZ, HUSBAND AND WIFE AS JOINT TENANTS The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows:
General and special taxes and assessments for the fiscal year 2023-2024.
First Installment: $2,694.44, OPEN
Penalty: $0.00
Second Installment: $2,694.42, OPEN
Penalty: $0.00
Tax Rate Area: 006003
A. P. No.: 0127-241-04-0-000
The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.
An easement for PIPE LINE, WATER CONDUIT and incidental purposes in the document recorded in Book 566 of Deeds, Page 165.
The location of the easement cannot be determined from record information.
First American Title
Order Number: NHSC-7042946 (jd)
Page Number: 4
4. An easement shown or dedicated on the Map as referred to in the legal description For: PUBLIC UTILITY and incidental purposes.
5. Covenants, conditions, and restrictions in the document recorded MARCH 16, 1955 as BOOK 3593, PAGE(S) 308 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction, if any, indicating a preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, handicap, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, to the extent that such covenants, conditions or restrictions violate applicable state or federal laws. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.
6. An easement for EITHER OR BOTH POLE LINES, CONDUITS and incidental purposes, recorded JUNE 17, 1955 as BOOK 3670, PAGE(S) 221 of Official Records.
In Favor of: PACIFIC TELEPHONE AND TELEGRAPH COMPANY
Affects: WESTERLY 6 FEET OF SAID LAND
7. A deed of trust to secure an original indebtedness of $265,109.00 recorded MAY 03, 2016 as INSTRUMENT NO. 2016-0170202 OF OFFICIAL RECORDS.
Dated: APRIL 28, 2016
Trustor: ANTHONY MARTINEZ AND IRENE MARTINEZ, HUSBAND AND
WIFE AS JOINT TENANTS
Trustee: ORANGE COAST TITLE COMPANY OF SOUTHERN CALIFORNIA Beneficiary: Mortgage Electronic Registration Systems, Inc. ("MERS"), as Nominee for
Lender: FREEDOM MORTGAGE CORPORATION
BANK NATIONAL ASSOCIATION By signel rested A 10, 201 5 1S TRUST N0. 2015. 0171403 OF OFFICIAL RECORDS.
A document recorded NOVEMBER 01, 2018 as INSTRUMENT NO. 2018-0399710 OF OFFICIAL RECORDS provides that CLEAR RECON CORP was substituted as trustee under the deed of trust.
A document recorded AUGUST 17, 2021 as INSTRUMENT NO. 2021-0369957 OF OFFICIAL RECORDS provides that the deed of trust or the obligation secured thereby has been modified.
8. A deed of trust to secure an original indebtedness of $13,500.00 recorded MAY 03, 2016 as INSTRUMENT NO. 2016-0170203 OF OFFICIAL RECORDS.
Dated: APRIL 28, 2016
Trustor ANTHONY MARTINEZ AND IRENE MARTINEZ, HUSBAND
AND WIFE AS JOINT TENANTS
Trustee: ORANGE COUNTY TITLE COMPANY OF SOUTHERN
CALIFORNIA
Beneficiary: FREEDOM MORTGAGE CORPORATION
First American Title
Order Number: NHSC-7042946 (jd)
Page Number: 5
A deed of trust to secure an original indebtedness of $6,627.00 recorded MAY 03, 2016 as INSTRUMENT NO. 2016-0170204 OF OFFICIAL RECORDS.
Dated: APRIL 28, 2016
Trustor: ANTHONY MARTINEZ AND IRENE MARTINEZ, HUSBAND
AND WIFE AS JOINT TENANTS
Trustee: ORANGE COUNTY TITLE COMPANY OF SOUTHERN
CALIFORNIA
Beneficiary: FREEDOM MORTGAGE CORPORATION
10. Lien for UNPAID TRASH DISPOSAL in favor of THE CITY OF RIALTO Against: ANTHONY MARTINEZ
Amount: $115.03
Recorded: AUGUST 23, 2017 as INSTRUMENT NO. 2017-0343866 OF OFFICIAL RECORDS.
11. Lien for UNPAID TRASH DISPOSAL in favor of THE CITY OF RIALTO Against: ANTHONY MARTINEZ
Amount: $115.03
Recorded: DECEMBER 14, 2017 as INSTRUMENT NO. 2017-0529265 OF OFFICIAL RECORDS.
12. Lien for UNPAID TRASH DISPOSAL in favor of THE CITY OF RIALTO Against: ANTHONY MARTINEZ
Amount: $115.03
Recorded: JANUARY 18, 2018 as INSTRUMENT NO. 2018-0019024 OF OFFICIAL RECORDS.
13. A deed of trust to secure an original indebtedness of $18,217.74 recorded AUGUST 30, 2022 as INSTRUMENT NO. 2022-0296515 OF OFFICIAL RECORDS.
Dated: AUGUST 20, 2022
Trustor: ANTHONY MARTINEZ AND IRENE MARTINEZ, HUSBAND
AND WIFE
Trustee: OLIVIA TODD
Beneficiary: SECRETARY OF HOUSING AND URBAN DEVELOPMENT
14. Any defects, liens, encumbrances or other matters which name parties with the same or similar names as ANTHONY MARTINEZ and IRENE MARTINEZ. The name search necessary to ascertain the existence of such matters has not been completed. In order to complete this preliminary report or commitment, we will require a statement of information.
15. Water rights, claims or title to water, whether or not shown by the Public Records.
First American Title
Order Number: NHSC-7042946 (jd)
Page Number: 6
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction.
According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) SINGLE FAMILY RESIDENCE known as 1366 NORTH SYCAMORE AVENUE, RIALTO, CALIFORNIA.
2. According to the public records, there has been no conveyance of the land within a period of twenty- four months prior to the date of this report, except as follows:
None
The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to he extent coverage for such loss or damage is expressly provided by the terms and provisions of the titl nsurance policy, if any, to which this map is attached
First American Title
Order Number: NHSC-7042946 (jd)
Page Number: 7
LEGAL DESCRIPTION
Real property in the City of Rialto, County of San Bernardino, State of California, described as follows:
LOT 33 OF TRACT 4439, IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 57, PAGE 57 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 0127-241-04-0-000
First American Title
THIS MAP IS FOR IRE PURFOSE Tract No. 4439, M.B. 57/57 City of Rialto 0127 - 24 OF AD TALCREW TAXATION ONLY. Tax Rote Area
6003
2 m=
86.0 115
=
10:001 24D
SHEET - 0264
30 | 30
68°65 G E 58
20°021
59 3 57
242 - - -380M·3*5-
7069 9: 31
First American Title 71+70 10:020
955 20 09
=: 30
30 | 30
13174 101.02
0133
8 54 ® -HONE ---- - -AVENUE - -
108.11 $2.51
95 pri 65°C1 2433 6F95E 15 001 25 IT
Page Number: 8
S3:5E
85.35 Order Number: NHSC-7042946 (jd)
Assessor's
Ptn. S.E.1/4, Sec. 35 Book 0127 Page 24
February 2004 T.1N.,R.5 W San Bernardino County
Order Number: NHSC-7042946 (jd)
Page Number: 9
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub- escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible.
First American Title
Order Number: NHSC-7042946 (jd)
Page Number: 10
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE [(07-01-2021) v. 01.00]
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy and We will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; ill. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, or regulatory, or national security power. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27.
Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by You;
b. not Known to Us, not recorded in the Public Records at the Date of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy; C. resulting in no loss or damage to You;
d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5, 8.f., 25, 26, 27, 28, or 32); or
e. resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Title at the Date of Policy.
4. Lack of a right:
a. to any land outside the area specifically described and referred to in Item 3 of Schedule A; and b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land.
Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21.
5. The failure of Your existing structures, or any portion of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transfer of the Title to You is a:
a. fraudulent conveyance or fraudulent transfer;
voidable transfer under the Uniform Voidable Transactions Act; or C. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ji. for any other reason not stated in Covered Risk 30.
7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface substance.
9. Any lien on Your Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a. or 27.
10. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
LIMITATIONS ON COVERED RISKS
Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount Shown in Schedule A or $2,500 $10,000 (whichever is less)
Covered Risk 18: % of Policy Amount Shown in Schedule A or $5,00 $25,000 whichever is les.
Covered Risk 19: 1% of Policy Amount Shown on Schedule A or $5,000 $25,000 (whichever is less)
Covered Risk 21: 1% of Policy Amount Shown on Schedule A or $2,500 $5,000 (whichever is less)
First American Title
Order Number: NHSC-7042946 (jd)
Page Number: 11
ALTA OWNER'S POLICY [(07-01-2021) V. 01.00]
CLTA STANDARD COVERAGE OWNER'S POLICY I(02-04-22) V. 01.00]
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
C. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous ii. for any other reason not stated in Covered Risk 9.b.
Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.
Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b.
7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
NOTE: The 2021 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Wester Regional Standard Coverage Exceptions listed below as numbers 1 through 7. The 2021 CLTA Standard Coverage Owner's Policy will include the Western Regional Standard Coverage Exceptions listed below as numbers 1 through 7.
EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to alien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, First American Title
Order Number: NHSC-7042946 (jd)
Page Number: 12
uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
D) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
NOTE: The 2006 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R'S, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Westerr Regional Standard Coverage Exceptions listed below as numbers 1 through 7.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
First American Title
9//Z
fo. R.R.spiks #693 TRACT NO. 4439
30 200. 97
SYCAMORE 9 iones at Reguest of BEING A SUBDIVISION OF LOT 156 OF THE SEMI- 30 65.663.30 car 30MM
30 Auditor TROPIC LAND AND WATER COMPANY SUBDIVISION
County Mar 1 1955
- s0 30 AS RECORDED IN BOOK 6 OF MAPS, PAGE 12, REC-
3:10 P; |
100°E ly. on Li TORUE 56 3915 W :51. Maps ORDS OF SAN BERNARDINO COUNTY, CALIFORNIA 51-
AUG. 1954 ARTHUR J.SULLIVAN & ASSOCIATES SCALE› ('=100" • SURVEYING •
26 29 05.02 AVENUE SaDo. 13004 IL.Atwood
• AUDITOR'S CERTIFICATE: • OWNER'S CERTIFICATE:
SIGNA STREET of this office serify is ole fredit to ties gins t right hear y cerest hate to there prof it me. in the subdwision shown on the annexed map, and that ue are -60- 22
assessments not yet payable.
Dated this.ttah.day alerte trists to te County stead inter big use : 2/ 57 ud did home fit of the set melp lie union antist the Rec. 1348.06 per SeMi-TRoPIc) 974.45 ot Maiahe 1955 su Effi Bapury : 20 '66 = 71
• BOARDOF SUPERVISOR'S CERTTFICATE
65 1 72 from lots 1 thru 9 inclusive, over and across the 25 Buiting Sorback Line" 22895775 1314.52 (Аtс, /314.72 par 1315. 35 porSch-Теоріс) /54 N89*58 1049 STREET 158 15.03 pen Tracy 9607g ROAD- ditioned upon the payment of all taxes, State, County, : 18 cis/assessments collected of
fake pacon the lime or ficial of the
AVENUE = 74 = 73 1314.8/ • NOTARY ACKNOWLEDGEMENT:
: 17 63 STATE OF CALIFORNIA
107 N 89°50 15 W 25 Buitang Setbock Line- 107 HARRY L. ALLISON, COUNTY CIBAK ANO COUNTY OF SAN BERNARDINOS 15 Dated this. It day EX-DRICIO CLERK DA THE BoaRo oF
N 89°59 15 W 16 = 62
HOME-- N89 5820"W of MARCH... 1955 or Visemia Wardee
• 76
18.38 14 1 25 LINE LOT 158
60 77 • COUNTY SURVEYOR'S CERTIFICATE •
es Burding Setback Lins D2 VIRGINIA I hereby certify that have cusmined the the annexed map, Hat fhe subdivision shown thereon is substantially the same • B there that of previors of the a fion ap Act dad
•WALNUT - San Bernardino Courty Ordinance Na. 610 have been complled 81 0901452 930.00 8 with and lam satisfied that this map is technically correct. 12 & HOME AVENUE BASE
5603*
GO • ACCEPTANCE -
SOUTH LING LOT 154 → 7. m. Smus
DEPUTY
3. - 113.29-. • SURVEYOR'S CERTIFICATE •
COUNTY OR SAN BERNARDINO.
STATA DA CALIRGANIA
..March,.. 1955 and Wale doual
135 iron Ape Tendon sch in Au, eir pal than are correctly tea anot orrectly shown; and 2 that under the provisions of the Statutes of 1941, Chapter 128, Pate ATTEST:
e5' Building Setback Line O 970, Article 5, satisfactory assurance has been furnished the HARRY L.ALGISON ARR spite deal ta interior moduments within to That il to coming. County Clean an eportise Clerk Amn wils the SuAdiuiinn Men bet of the Stat
-858 20332002 it he for 800. day of By VDenia Wordle
Deputy
..Pepirmesr,.... 1954
fak Rein. Bar
155
2115- 57-57
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
City of Rialto
City Clerk's Office
150 S. Palm Avenue
Rialto, CA 92376
THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
AGREEMENT
THIS TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
AGREEMENT ("AGREEMENT") is entered into as of the 9th day of January 2024, by and between Stephen E. Winegar ("GRANTOR") and the CITY OF RIALTO, a Municipal Corporation and general law city, ("CITY"). GRANTOR and CITY may also be referenced as Party or Parties.
RECITALS
A. GRANTOR is the legal owner of real property, including all improvements located thereon, in the City of Rialto, County of San Bernardino, State of California, and more particularly known as commonly known as 1376 N Sycamore Avenue, Rialto, 92376 (APN: 012724103) ("PROPERTY");
B. CITY is constructing sidewalk improvements along N Sycamore Avenue ("PROJECT"). The PROJECT consists of:
• The demolition and construction of a driveway and driveway approach for the PROPERTY along N Sycamore Avene.
C. To construct the PROJECT, the City will need a temporary construction easement ("TCE") in and over portions of the PROPERTY as more particularly depicted in Exhibit. "A".
TERMS
NOW, THEREFORE, in consideration of the promises set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY and GRANTOR agree as follows:
Incorporation of Recitals.
Each of the Recitals set forth above is incorporated herein by this reference.
Grant of Temporary Construction and Access Easement.
GRANTOR hereby grants to CITY the TCE for the purposes of constructing the PROJECT. The TCE shall include, without limitation, the right and privilege of City and its employees, agents, representatives, contractors, subcontractors, and workmen (collectively "AUTHORIZED PERSONNEL") to: (i) use, control, and occupy the TCE in order to perform all activities as may be necessary for construction of the PROJECT; (i) use and temporarily place and operate tools, equipment, machinery, and materials on and within the TCE area; (iii) remove improvements, and trim, cut, or clear away any trees, brush, or other vegetation or flora within the TCE area. Hereinafter, items (i)-(iii) shall be collectively referred to as the "Work."
The TCE term shall be for a period not to exceed three (3) months. Actual physical use of and occupation of the TCE area for Project construction purposes, and all uses appurtenant thereto, shall commence following written notice provided to the property owner(s) by the City or Authorized Personnel. At the expiration of the TCE term, the City shall restore such property to a condition as near as practicable to the condition that existed immediately prior to City's operations. The City, however, shall not be required to restore vegetation to the pre-existing condition. The City will at all times during the TCE term allow the property owner(s) to have and maintain reasonable access to and from the larger parcel. Upon completion of the Work, City will cause all of the equipment, materials, tools, trash, and debris to be removed from the TCE area.
In no event shall the term of the TCE extend beyond December 31, 2024.
CITY Performed Work.
All work done under this AGREEMENT shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner.
Indemnification.
CITY shall indemnify, defend and hold harmless GRANTOR, from and against all claims, causes of action, damages, liabilities, injuries, actions, costs and expenses ("CLAIMS"), caused by the gross negligence or willful misconduct of the CITY in the exercise of CITY's rights under this AGREEMENT, or work performed in connection with the PROJECT, excepting only such CLAIMS as may be the result of intentional acts or negligence of the GRANTOR.
7. No Leases.
GRANTOR warrants there are no oral or written leases on all or any portion of the TCE area. In the event the CITY later determines that there is an oral or written lease on all or a portion of the TCE area, GRANTOR shall hold CITY harmless and reimburse CITY for any and all of its losses and expenses occasioned by reason of any lease of the TCE area.
Release of Claims.
Except as otherwise provided in Clause 4 herein, GRANTOR hereby waives and releases all rights, claims, costs, expenses, demands, damages or causes of action the GRANTOR has or may have in the future against CITY as a result of or arising out of CITY'S construction of the PROJECT, and acquisition of the TCE area. GRANTOR acknowledges that it is familiar with Section 1542 of the Civil Code of the State of California, which provides:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." GRANTOR hereby waives and relinquishes any right or benefit which it has or may have under Section 1542 of the Civil Code of the State of California or any similar provision of statutory or nonstatutory law of any other applicable jurisdiction to the full extent that it may lawtully waive all such rights and benefits pertaining to the subject matter of this Section.
9. Integrity of Property.
Except as otherwise provided herein or by express written permission granted by CITY, GRANTOR shall not, after the date of execution of this AGREEMENT and the receipt of consideration, alienate, lien, encumber or otherwise transfer the PROPERTY or any portion thereof or allow the same to occur, cause or allow any physical changes on the PROPERTY, or enter into a lease or contract with respect to the PROPERTY or any portion thereof which would survive the receipt of consideration and impair CITY'S use of the TCE. At its sole expense, GRANTOR shall maintain the PROPERTY in a condition so as not to interfere with CITY'S TCE.
9. Modification, Waiver.
No modification, waiver, amendment or discharge of this AGREEMENT shall be valid unless the same is in writing and signed by both Parties.
10. Severability.
If any term, provision, covenant or condition of this AGREEMENT is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this AGREEMENT shall be severable and shall not be affected thereby, and each of the remaining terms, provisions, covenants or conditions of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law.
11. Specific Performance and Other Remedies.
The Parties understand that the interests and rights being conveyed by this AGREEMENT are unique and for that reason, among others, the Parties will be irreparably damaged in the event that this AGREEMENT is not specifically enforced. Accordingly, in the event of any controversy concerning the obligations under this AGREEMENT, such obligation shall be enforceable by a decree of specific performance or by injunction. Such remedies and all other rights and remedies set forth herein shall be cumulative and not exclusive, and shall be in addition to any and all other remedies which the Parties may have hereunder at law or in equity.
Successors and Assigns.
This AGREEMENT shall run with the land. All terms of this AGREEMENT shall be binding upon, inure to the benefit of, and be enforceable by the Parties hereto and their respective heirs, legal representatives, successors, and assigns.
13. Waiver.
The waiver by one Party of the performance of any term, provision, covenant or condition shall not invalidate this AGREEMENT, nor shall it be considered as a waiver by such Party of the same condition in the future or a waiver of any other term, provision, covenant or condition. Delay by any Party in pursuing any remedy or in insisting upon full pertormance for any breach or failure of any term, provision, covenant or condition shall not prevent such Party from later pursuing remedies or insisting upon full performance for the same or any similar breach or failure.
Notices.
All notices, requests, demands, and other communications under this AGREEMENT shall be in writing and shall be deemed to have been duly given on the date of delivery if served personally on the Party to whom notice is to be given, or if mailed, five (5) days after mailing by first class mail, registered or certified mail, postage prepaid, and properly addressed as follows. Any Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.
CITY: City of Rialto
City Clerk's Office
150 S. Palm Avenue
Rialto, CA 92376
GRANTOR: Stephen E. Winegar
1376 N Sycamore Avenue
Rialto, CA 92376
17. Condition Precedent: Approval of CITY and GRANTOR.
GRANTOR understands that this AGREEMENT is subject to the approval of City Council of the CITY or authorized designee and that this AGREEMENT shall have no force or effect unless and until such approval has been obtained.
18. Authority to Sign.
GRANTOR and the signatories for GRANTOR represent and warrant that GRANTOR'S signatories to this AGREEMENT are authorized to enter into this AGREEMENT and that no other authorizations are required to implement this AGREEMENT on behalf of GRANTOR.
Counterparts Signature.
This AGREEMENT may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one AGREEMENT.
20. Entire Agreement.
This AGREEMENT constitutes the entire AGREEMENT between the Parties relating to the subject of this AGREEMENT and supersedes all previous agreements, promises, representations, understandings and negotiations, whether written or oral, among the Parties with respect to the subject matter hereof. The performance of this AGREEMENT constitutes the entire consideration for the conveyance of the TCE and shall relieve CITY of all further obligations or claims on this account or on account of the location, grade or operation of the PROJECT as designed.
21. Recording.
This AGREEMENT shall be recorded in the Official Records of San Bernardino County, State of California. The Parties shall execute all other documents necessary to memorialize or implement the terms and provisions of this AGREEMENT or to memorialize the termination of this AGREEMENT and the TCE.
IN WITNESS WHEREOF, the Parties have executed this AGREEMENT as of the day and year first above written.
CITY: GRANTOR:
CITY OF RIALTO STEPHEN E WINEGAR
By: Arron Brown, Acting City Manager By Splen E. Wuegai Date: By:
ATTEST: Date: DEC. 7-2023
By: Barbara McGee, Cily Clerk
Date:
APPROVED AS TO FORM:
By: .
Eric Vail, City Attorney
Date:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 SAN BERNARDINO
on Dec. 7.2023 before me, Amy Aileen Crow, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Stephen Winegar
Nahle(s) of Signer(s)
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 they 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.
AMY AILEEN CROW
Notary Public - California WITNESS my hand and official seal.
San Bernardino County
Commission # 2349453
My Comm. Expires Mar 16, 2025
Signature Amelen Cow
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
NOTARY ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the dividual who signed the document to which this certificate is attached, and not th uthfulness. accuracy, or validity of that documer
STATE OF CALIFORNIA
COUNTY OF )
On , 2023, before me, , Notary Public,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and hak oy lismed to ri sinat he be they executed the amen, is the they aubried or wily a the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: (Seal)
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
[To be attached]
EXHIBIT "A"
LEGAL DESCRIPTION
IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, THOSE PORTIONS OF LOT 34 OF TRACT. 4439 RECORDED IN BOOK 57, PAGE 57 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 'A'
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 34;
THENCE, ALONG THE NORTHERLY LINE OF SAID LOT 34, NORTH 89°59'08" WEST, A DISTANCE OF 8.00 FEET;
THENCE, LEAVING SAID NORTHERLY LINE OF LOT 34, SOUTH 00°03'08" EAST, A DISTANCE OF 5.00 FEET;
THENCE, SOUTH 89°59'08" EAST, A DISTANCE OF 8.00 FEET TO THE EASTERLY LINE OF SAID LOT 34;
THENCE, ALONG SAID EASTERLY LINE OF LOT 34, NORTH 00°03'08" WEST, A DISTANCE OF
5.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 40 SQUARE FEET MORE OR LESS.
PARCEL 'B'
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 34;
THENCE, ALONG THE SOUTHERLY LINE OF SAID LOT 34, NORTH 89°59'08" WEST, A DISTANCE OF 9.00 FEET;
THENCE, LEAVING SAID NORTHERLY LINE OF LOT 34, NORTH 00°03'08" WEST, A DISTANCE OF 20.00 FEET;
THENCE, SOUTH 89°59'08" EAST, A DISTANCE OF 9.00 FEET TO THE EASTERLY LINE OF SAID LOT 34;
THENCE, ALONG SAID EASTERLY LINE OF LOT 34, SOUTH 00°03'08" EAST, A DISTANCE OF
20.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 180 SQUARE FEET MORE OR LESS.
ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
EXHIBIT "A"
LEGAL DESCRIPTION
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS
AND RIGHTS-OF-WAY OF RECORD, IF ANY
PREPARED BY: PROACTIVE ENGINEERING CONSULTANTS
UNDER THE DIRECTION OF:
1. Mare
L.S. 9106 CHARLES J. MOORE, L.S. 9106
NOVEMBER 3, 2023
SLATE OF CALEDRAN
LOT 24
LOT 35
N89:5910 120.00'
8.00' POB
L2 (PARCEL 'A")
30°
LOT 34 65.00$.00
TRACT NO. 4439
M.B. 57/57
LOT 25 € SYCAMORE AVENUE
O003'0
1376 NORTH SYCAMORE AVENUE
APN: 127-241-03
20.00'.
9.00'. POB
N89:59/08 120.00' (PARCEL 'B')
LOT 33
SCALE: 1"= 20' LINE TABLE
NO. BEARING DISTANCE EASEMENT AREA:
LAND L1 N89:59108 8.00' PARCEL 'A': ‡40 S.F.
L2 NO0'03'08"W 5.00 PARCEL 'B': +180 S.F.
CENSED L3 N89'59'08" 9.00'
L4 NO0030 20.00'
L.S./9106
SATE ON ALFORD PROACTIVE EXHIBIT "B"
ENGINEERING CONSULTANTS LEGAL DEPICTION
200 S.MAIN ST. STE 300 •CORONA C4•92882
DATE: 11/03/23 J.N. 20.153.000 SHEET 1 OF 1
Friday, November 03, 2023 12:40 PM
PROACTIVE ENGINEERING CONSULTANTS, INC.
CLOSURE REPORT
DATE: 11/03/2023 AT 11:24 AM
PROJECT: 20.153.000
DESCRIPTION: CITY OF RIALTO TCE
CREATED BY: M ROBINSON
Easement NAME: TCE - 127-241-03 PARCEL A
NORTH: 1868349.804 EAST: 6753487.682
LINE COURSE: N 89°59'08" W LENGTH: 8.00'
NORTH: 1868349.806 LAST : 6753479.682
LINE COURSE: S 00°03'08" E LENGTH: 5.00'
NORTH: 1868344.806 AS1 6753479.686
LINE COURSE: S 89°59'08" E LENGTH: 8.00
NORTH: 1868344.804 EAST: 6753487.686
LINE COURSE: N 00°03'08" W LENGTH: 5.00'
NORTH: 1868349.804 EAST: 6753487.682
PERIMETER: 26.00' AREA: 40 SF 0.00 ACRES
MAPCHECK CLOSURE: (USING COURSES, RADII, AND DELTAS)
ERROR CLOSURE: 0.0000 COURSE: N 90°00'00" E
ERROR NORTH: 0.00000 EAST: 0.00000
CLOSURE ERROR: 0.0000
Easement NAME: TCF - 127-241-03 PARCEL B
NORTH: 1868284.804 EAST: 6753487.741
LINE COURSE: N 89°59'08" W LENGTH: 9.00'
NORTH: 1868284.806 6753478.741
LINE COURSE: N 00°03'08" W LENGTH: 20.00'
NORTH: 1868304.806 6753478.723
LINE COURSE: S 89°59'08" E LENGTH: 9.00'
NORTH: 1868304.804 6753487.723
LINE COURSE: s 00°03'08" E LENGTH: 20.00'
NORTH: 1868284.804 6753487.741
PERIMETER: 58.00' AREA: 180 SF 0.00 ACRES
MAPCHECK CLOSURE: (USING COURSES, RADII, AND DELTAS)
ERROR CLOSURE: 0.0000 COURSE: N 90°00'00" E
ERROR NORTH: 0.00000 EAST: 0.00000
CLOSURE ERROR: 0.0000
-1-
CLTA Preliminary Report Form Order Number: NHSC-7042947 (jd) (Rev. 11/06) Page Number: 1
First American Title™
First American Title Company
1250 Corona Pointe Court, Suite 200
Corona, CA 92879
Jason Moore
Proactive Engineering
200 S. Main Street, Suite 300
Corona, CA 92882
Customer Reference: "20.153.002 - Morgan Elementary"
Order Number: NHSC-7042947 (jd)
Title Officer: Jesus Duran
Phone: (951)256-5820
Fax No.: (714)481-9208
E-Mail: [email protected]
Buyer:
Property: APN 0127-241-03, 1376 N. Sycamore Ave.
Rialto, CA
PRELIMINARY REPORT
shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.
Please be advised that any provision contained in this document, or in a document that is attached, linked or referenced in this document, that under applicable law illegally discriminates against a class of individuals based First American Title
Order Number: NHSC-7042947 (jd)
Page Number: 2
pon personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial statu sability, national origin, or any other legally protected class, is illegal and unenforceable by law the insurance and no tably a or me hereby, l eued lay for asure rif alien the eu a rigorite or insurance, a Binder or Commitment should be requested.
First American Title
Order Number: NHSC-7042947 (jd)
Page Number: 3
Dated as of October 05, 2023 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To Be Determined
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
STEPHEN E. WINEGAR AS TRUSTEE OF THE STEPHEN WINEGAR FAMILY TRUST DATED NOVEMBER 10, 2020
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2023-2024.
First Installment: $554.47, OPEN
Penalty: $0.00
Second Installment: $554.45, OPEN
Penalty: $0.00
Tax Rate Area: 006003
A. P. NO.: 0127-241-03-0-000
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.
An easement for PIPE LINES AND WATER CONDUITS and incidental purposes, recorded MAY 3, 1915 in Book 566 of Deeds, Page 165.
In Favor of: THE FONTANA COMPANY, A CORPORATION
Affects: AS DESCRIBED THEREIN
The location of the easement cannot be determined from record information.
First American Title
Order Number: NHSC-7042947 (jd)
Page Number: 4
4. An easement shown or dedicated on the Map as referred to in the legal description For: PUBLIC UTILITY and incidental purposes.
5. Covenants, conditions, and restrictions in the document recorded MARCH 16, 1955 as BOOK 3593, PAGE 308 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction, if any, indicating a preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, handicap, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, to the extent that such covenants, conditions or restrictions violate applicable state or federal laws. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.
6. An easement for PUBLIC UTILITIES and incidental purposes in the document recorded MARCH 16, 1955 as BOOK 3593, PAGE 308 of Official Records.
An easement for THE RIGHT TO CONSTRUCT, USE, MAINTAIN, ALTER, ADD TO, REPAIR, REPLACE,
AND/OR REMOVE, IN ON AND OVER, AN ELECTRIC LINE, CONSISTING OF POLES, NECESSARY GUYS
AND ANCHORS, CROSS-ARMS, WIRES AND OTHER FIXTURES AND APPLIANCES FOR CONVEYING
ELECTRIC ENERGY TO BE USED FOR LIGHT, HEAT, POWER, TELEPHONE AND/OR OTHER PURPOSES and incidental purposes, recorded MAY 16, 1955 as BOOK 3645, PAGE 434 of Official Records.
SOUTHERN CALIFORNIA EDISON COMPANY, A
CORPORATION
AS DESCRIBED THEREIN
8. An easement for CONSTRUCT, PLACE, OPERATE, INSPECT, MAINTAIN, REPAIR, REPLACE AND
REMOVE SUCH AERIAL AND UNDERGROUND TELEPHONE, TELEGRAPH AND COMMUNICATION
STRUCTURES AS GRANTEE MAY FROM TIME TO TIME REQUIRES, CONSISTING OF POLES,
ANCHORS, WIRES, CABLES, CONDUITS, MANHOLES, MARKERS AND NECESSARY FIXTURES AND APPURTENANCES and incidental purposes, recorded JUNE 17, 1955 as BOOK 3670, PAGE 221 of Official Records.
In Favor of: THE PACIFIC TELEPHONE AND TELEGRAPH
COMPANY, A CORPORATION, ITS SUCCESSORS
AND ASSIGNS
Affects: AS DESCRIBED THEREIN
9. A deed of trust to secure an original indebtedness of $20,000.00 recorded December 01, 1989 as INSTRUMENT NO. 89-455075 OF OFFICIAL RECORDS.
Dated: December 01, 1989
Trustor: STEPHEN E. WINEGAR
Trustee: TRUSTORS SECURITY SERVICE., A CALIFORNIA
CORPORATION
Beneficiary: HELENE K. WINEGAR
a. If this deed of trust is to be eliminated in the policy or policies contemplated by this First American Title
Order Number: NHSC-7042947 (jd)
Page Number: 5
ili. Request for reconveyance or substitution of trustee and full reconveyance must be signed by all present beneficiaries and must be notarized by a First American approved b. If the payoff demand statement or the request for reconveyance is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial interest is presently held by trustees under a trust agreement, we will require a certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company.
10. Water rights, claims or title to water, whether or not shown by the Public Records.
Prior to the issuance of any policy of title insurance, the Company will require:
11. With respect to the trust referred to in the vesting:
a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company.
b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require.
First American Title
Order Number: NHSC-7042947 (jd)
Page Number: 6
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction.
1. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) SINGLE FAMILY RESIDENCE known as 1376 NORTH SYCAMORE AVENUE, RIALTO, CALIFORNIA.
2. According to the public records, there has been no conveyance of the land within a period of twenty- four months prior to the date of this report, except as follows:
None
The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached.
First American Title
Order Number: NHSC-7042947 (jd)
Page Number: 7
LEGAL DESCRIPTION
Real property in the City of Rialto, County of San Bernardino, State of California, described as follows:
LOT 34, TRACT NO. 4439, AS PER PLAT RECORDED IN BOOK 57 OF MAPS, PAGE 57, RECORDS OF SAID COUNTY.
APN: 0127-241-03-0-000
First American Title
Order Number: NHSC-7042947 (jd)
Page Number: 8
REVISED SUBBIES
0127 - 24 0264 (0133
SANTAY
County
= 36 Map
28 s$ 31 29• = = 30
55'H5T 8ook 0127 •Page
City of Rialto Tox Rate Area 26 = San Bernardino
15.8 6003
8E°8E 10:01
00001 35'951
15°8rl
TrIT
S.E.1/4, Sec. 35
-RHH- T. 1N..R.5W.
e
(243
Tract No. 4439, M.B. 57/57
-HOWE
sri sri 6..or
48.37 46: 811 10'021 85:250
1.15 AM31-11
60°55
-
IS 57 85, ®
10 • 021 82°511
1317V
0°55 s2°8g
Februery 2004
First American Title
Order Number: NHSC-7042947 (jd)
Page Number: 9
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub- escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible.
First American Title
Order Number: NHSC-7042947 (jd)
Page Number: 10
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE [(07-01-2021) v. 01.00]
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy and We will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
il. the character, dimensions, or location of any improvement on the Land; ili. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, or regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27.
Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17.
Any defect, lien, encumbrance, adverse claim, or other matter:
created, suffered, assumed, or agreed to by You;
not Known to Us, not recorded in the Public Records at the Date of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy; C. resulting in no loss or damage to You;
d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5, 8.f., 25, 26, 27, 28, or 32); or
resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Title at the Date of Policy.
4. Lack of a right:
a. to any land outside the area specifically described and referred to in Item 3 of Schedule A; and b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land.
Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21.
5. The failure of Your existing structures, or any portion of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14 or 15.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transfer of the Title to You is a:
à. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or C. preferential transfer:
exchange for new value; or
for any other reason not stated in Covered Risk 30.
7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface
9. Any lien on Your Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and ayable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a. or 2:
0. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Lanc
LIMITATIONS ON COVERED RISKS
Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: % of Policy Amount Shown in Schedule A or $2,50 $10,000 whichever is less
Covered Risk 18: 1% of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less)
Covered Risk 19: 1% of Policy Amount Shown on Schedule A or $5,000 $25,000 (whichever is less)
Covered Risk 21: 1% of Policy Amount Shown on Schedule A or $2,500 $5,000 (whichever is less)
First American Title
Order Number: NHSC-7042947 (jd)
Page Number: 11
ALTA OWNER'S POLICY [(07-01-2021) V. 01.00]
CLTA STANDARD COVERAGE OWNER'S POLICY [(02-04-22) V. 01.00]
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attoreys' fees, or expenses that arise by reason of:
any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; ill. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power.
C. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant; . not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and no lisclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under thi C. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a:
fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 9.b.
5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.
6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and
7. Any die ear the Date fantity le are, seare mage, or acreate othe an or of ely mer vermed to the Land.
NOTE: The 2021 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Westerr Regional Standard Coverage Exceptions listed below as numbers 1 through 7. The 2021 CLTA Standard Coverage Owner's Policy will include he Western Regional Standard Coverage Exceptions listed below as numbers 1 through 7
EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, First American Title
Order Number: NHSC-7042947 (jd)
Page Number: 12
uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(o)h6s or governt entain. This ers his does not madly des mot me dir rage prove overder covered us covered Risk 6.
2. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and no isclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under th policy;
(c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transactior vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A NOTE: The 2006 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Westerr Regional Standard Coverage Exceptions listed below as numbers 1 through 7.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
First American Title
9//Z
Set /'iron pipes where shown thusly: •
fd. R.R. spika #693 TRACT NO. 4439
SYCAMORE 9 S0*03'I5E 155002052,40 288020 mr SaM. Tere AVENUE 662.97 -ine at Requesi of BEING A SUBDIVISION OF LOT 156 OF THE SEMI- 7326.88 30₽ 10/2 81 8 _Auditor
g. Rec. 132660 per Jaandonig County Haditosss TROPIC LAND AND WATER COMPANY SUBDIVISION of iron pipe ad 3:10 P: AS RECORDED IN BOOK 6 OF MAPS, PAGE 12, REC- E'ly, on 36 3/ i 51..! ‹Maps ORDS OF SAN BERNARDINO COUNTY, CALIFORNIA
57. 138.15- AUG. 1954 ARTHUR J. SULLIVAN A ASSOCIATES SCALE: ' 100' • SURVEYING •
24 28 ..L. Atwood
1315,00 A SUMA 1 AUDITORS CERTIN ATE records • OWNERS CERTIFICATE • 23 VIRGINIA ST
assessments collected as taxes, except taxes orspecial
50.07 52.22 assessments not yet payable.
u8.42 COND CANS COUNTING CATER.
Dated this.tah dou allotte streat all sawn said man within said 57 то
974,45 * Masabe 1955 By Elis Pastur
DEPUTY
309 56 15 4 3/3.65 (Rac. 13/4.23 (Roc. 1341.06 per SeMi-Thomic) : 20 -STREET ' 66 R6 Building 1314.52 (Ac. /3/4.72 par SM- КОМС) - BOARDE SUPERVISORS CERTIFICATED 19 65 72 N69-99(5W
014.31 auste aunty san martin, fate of carna con.
15¢ 15S Дес. 1315.35 per-Земт-ТеорІс) ditioned upor ment of a seas meat Collected as • ва 73 121603 peTer Texy*4073 ROAD
: 18 624:15 taxes, which of the time of filind of the annexed map with AVENUE 25' Buiding: 13/4.8/ • NOTARY ACKNOWLEDGEMENT •
: 17 63 74 STATE OF CALIFORNIA
107 139°50 15W 25'Buikling Setback Line- 107 HarRY L.AcUsON, CoUNTY CLERK AND COUNTY OF SAN BERNARDINO' 55% Dated this. It dou PA-ORPICIO GIBRM OF THE BOARO OF
N 89°59 15 W • 16 $ 75 N89°5020w SUPBRVISORS
of MARCH.,... 1955 or V.Dennis Wardee
HOME--
= 6/ = 16 DepuTy
60 50 LINE LOT 158 • COUNTY SURVEYOR'S CERTIFICATE •
• 13 • 14 : 15 RGINIA GO
I hereby certify that i have examined the the annexed
es Building Fatback Line- nap that the subdivision shown themson is substantially the same 5/ there that l he vitors of as and in ep Actions
San Bernardino County Ordinance Na 610 hove been complied •WALNUT with and lam satisfied that this map is technicslly correct. 12 52 BASE
d. W. ABBEY
SOUTN LINE LOT 154- 58 → 7. m. Messo
57 56 54
• SURVEYOR'S CERTIFICATE •
1. Arthur Sullivan, herebu certifu that lama Licensed Land .. DAYOR DUNTY OR SAN BERNARDINC or of the State of California & that this map consisting of STATE DE CALIFOANIA onell) sheet correctly not under my ...Manch,.........1955 nervision in At 1954; that oll the perimeter manuments shown 180-0 a15" iron Ape hereon actually exist & their positions are correctly shown; and Building Setback Line? R.R.spike 870, articles mois actor a senance of eminent tie ATRAS TALLISON
68.05 Board of Suparvisors of Sen Bernardino Counhy fat the setting. County Clerk and as officia Clerk incentre in the sullion has it of the State. By V Bunis Wardle Deputy
…Feptember,.... 1954
fd l Rein. Bar LICENSEO LANO
L07 155
2/15 57-57
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
City of Rialto
City Clerk's Office
150 S. Palm Avenue
Rialto, CA 92376
THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
AGREEMENT
THIS TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
AGREEMENT ("AGREEMENT") is entered into as of the 9th day of January 2024, by and between Jimmie D. Hamilton and Ellen E. Hamilton ("GRANTOR") and the CITY OF RIALTO, a Municipal Corporation and general law city, ("CITY"). GRANTOR and CITY may also be referenced as Party or Parties.
RECITALS
A. GRANTOR is the legal owner of real property, including all improvements located thereon, in the City of Rialto, County of San Bernardino, State of California, and more particularly known as commonly known as 1386 N Sycamore Avenue, Rialto, 92376 (APN: 012724102) ("PROPERTY");
B. CITY is constructing sidewalk improvements along N Sycamore Avenue ("PROJECT"). The PROJECT consists of:
• The demolition and construction of a driveway and driveway approach for the PROPERTY along N Sycamore Avene.
.C. To construct the PROJECT, the City will need a temporary construction easement ("TCE") in and over portions of the PROPERTY as more particularly depicted in Exhibit "A".
TERMS
NOW, THEREFORE, in consideration of the promises set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY and GRANTOR agree as follows:
Incorporation of Recitals.
Each of the Recitals set forth above is incorporated herein by this reference.
Grant of Temporary Construction and Access Easement.
GRANTOR hereby grants to CITY the TCE for the purposes of constructing the PROJECT. The TCE shall include, without limitation, the right and privilege of City and its employees, agents, representatives, contractors, subcontractors, and workmen (collectively "AUTHORIZED PERSONNEL") to: (i) use, control, and occupy the TCE in order to perform all activities as may be necessary for construction of the PROJECT; (i) use and temporarily place and operate tools, equipment, machinery, and materials on and within the TCE area; (iii) remove improvements, and trim, cut, or clear away any trees, brush, or other vegetation or flora within the TCE area. Hereinafter, items (1)-(iIi) shall be collectively referred to as the "Work."
The TCE term shall be for a period not to exceed three (3) months. Actual physical use of and occupation of the TCE area for Project construction purposes, and all uses appurtenant thereto, shall commence following written notice provided to the property owner(s) by the City or Authorized Personnel. At the expiration of the TCE term, the City shall restore such property to a condition as near as practicable to the condition that existed immediately prior to City's operations. The City, however, shall not be required to restore vegetation to the pre-existing condition. The City will at all times during the TCE term allow the property owner(s) to have and maintain reasonable access to and from the larger parcel. Upon completion of the Work, City will cause all of the equipment, materials, tools, trash, and debris to be removed from the TCE area.
In no event shall the term of the TCE extend beyond December 31, 2024.
CITY Performed Work.
All work done under this AGREEMENT shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner.
Indemnification.
CITY shall indemnify, defend and hold harmless GRANTOR, from and against all claims, causes of action, damages, liabilities, injuries, actions, costs and expenses ("CLAIMS"), caused by the gross negligence or willful misconduct of the CITY in the exercise of CITY's rights under this AGREEMENT, or work performed in connection with the PROJECT, excepting only such CLAIMS as may be the result of intentional acts or negligence of the GRANTOR.
7. No Leases.
GRANTOR warrants there are no oral or written leases on all or any portion of the TCE area. In the event the CITY later determines that there is an oral or written lease on all or a portion of the TCE area, GRANTOR shall hold CITY harmless and reimburse CITY for any and all of its losses and expenses occasioned by reason of any lease of the TCE area.
Release of Claims.
Except as otherwise provided in Clause 4 herein, GRANTOR hereby waives and releases all rights, claims, costs, expenses, demands, damages or causes of action the GRANTOR has or may have in the future against CITY as a result of or arising out of CITY'S construction of the PROJECT, and acquisition of the TCE area. GRANTOR acknowledges that it is familiar with Section 1542 of the Civil Code of the State of California, which provides:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." GRANTOR hereby waives and relinquishes any right or benefit which it has or may have under Section 1542 of the Civil Code of the State of California or any similar provision of statutory or nonstatutory law of any other applicable jurisdiction to the tull extent that it may lawtully waive all such rights and benefits pertaining to the subject matter of this Section.
9. Integrity of Property.
Except as otherwise provided herein or by express written permission granted by CITY, GRANTOR shall not, after the date of execution of this AGREEMENT and the receipt of consideration, alienate, lien, encumber or otherwise transfer the PROPERTY or any portion thereof or allow the same to occur, cause or allow any physical changes on the PROPERTY, or enter into a lease or contract with respect to the PROPERTY or any so as not to interfere with CITY'S TCE.
Modification, Waiver.
No modification, waiver, amendment or discharge of this AGREEMENT shall be valid unless the same is in writing and signed by both Parties.
10. Severability.
If any term, provision, covenant or condition of this AGREEMENT is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this AGREEMENT shall be severable and shall not be affected thereby, and each of the remaining terms, provisions, covenants or conditions of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law.
11. Specific Performance and Other Remedies.
The Parties understand that the interests and rights being conveyed by this AGREEMENT are unique and for that reason, among others, the Parties will be irreparably damaged in the event that this AGREEMENT is not specifically enforced. Accordingly, in the event of any controversy concerning the obligations under this AGREEMENT, such obligation shall be enforceable by a decree of specific performance or by injunction. Such remedies and all other rights and remedies set forth herein shall be cumulative and not exclusive, and shall be in addition to any and all other remedies which the Parties may have hereunder at law or in equity.
Successors and Assigns.
This AGREEMENT shall run with the land. All terms of this AGREEMENT shall be binding upon, inure to the benefit of, and be enforceable by the Parties hereto and their respective heirs, legal representatives, successors, and assigns.
13. Waiver.
The waiver by one Party of the performance of any term, provision, covenant or condition shall not invalidate this AGREEMENT, nor shall it be considered as a waiver by such Party of the same condition in the future or a waiver of any other term, provision, covenant or condition. Delay by any Party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term, provision, covenant or condition shall not prevent such Party from later pursuing remedies or insisting upon full performance for the same or any similar breach or failure.
14. Notices.
All notices, requests, demands, and other communications under this AGREEMENT shall be in writing and shall be deemed to have been duly given on the date of delivery if served personally on the Party to whom notice is to be given, or if mailed, five (5) days after mailing by first class mail, registered or certified mail, postage prepaid, and properly addressed as follows. Any Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.
CITY: City of Rialto
City Clerk's Office
150 S. Palm Avenue
Rialto, CA 92376
GRANTOR: Jimmie D. Hamilton and Ellen E. Hamilton
1386 N Sycamore
Rialto, CA 92376
17. Condition Precedent: Approval of CITY and GRANTOR.
GRANTOR understands that this AGREEMENT is subject to the approval of City Council of the CITY or authorized designee and that this AGREEMENT shall have no force or effect unless and until such approval has been obtained.
Authority to Sign.
GRANTOR and the signatories for GRANTOR represent and warrant that GRANTOR'S signatories to this AGREEMENT are authorized to enter into this AGREEMENT and that no other authorizations are required to implement this AGREEMENT on behalf of GRANTOR.
Counterparts Signature.
This AGREEMENT may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one AGREEMENT.
20. Entire Agreement.
This AGREEMENT constitutes the entire AGREEMENT between the Parties relating to the subject of this AGREEMENT and supersedes all previous agreements, promises, representations, understandings and negotiations, whether written or oral, among the Parties with respect to the subject matter hereof. The performance of this AGREEMENT constitutes the entire consideration for the conveyance of the TCE and shall relieve CITY of all further obligations or claims on this account or on account of the location, grade or operation of the PROJECT as designed.
21. Recording.
This AGREEMENT shall be recorded in the Official Records of San Bernardino County, State of California. The Parties shall execute all other documents necessary to memorialize or implement the terms and provisions of this AGREEMENT or to memorialize the termination of this AGREEMENT and the TCE.
IN WITNESS WHEREOF, the Parties have executed this AGREEMENT as of the day and year first above written.
CITY: GRANTOR:
CITY OF RIALTO JIMMIE D HAMILTON AND
ELLEN E HAMILTON
By: Arron Brown, Acting Cily Manager
Ellan Hamiltor
Date:
ATTEST: Date: 12-7-23
By: _
Barbara McGee, City Clerk
Date:
APPROVED AS TO FORM:
By:
Eric Vail, City Attorney
Date:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 SAN BERNARDINO )
On Dec. 7 2023 _ before me, Amy Aileen Crow, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Vimmie D. Hamilton
Name(s) of Signer(s)
Who proved to me on the basis of satisfactory evidence to be the person(ó) whose names) 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 they by his / her / their signature(s) on the instrument the personys), or the entity upon behalf of which the person(p) 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.
AMY AILEEN CROW WITNESS my hand and official seal.
Notary Public - California
San Bernardino County
Commission # 2349453 - Culeen Cow
My Comm. Expires Mar 16, 2025 Signature Om signature of Notary Public Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
NOTARY ACKNOWLEDGEMENT
notary public or other officer completing this certiticate verties only the identity of th ndividual who signed the document to which this certificate is attached, and not th truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF San Bernardino
on Rec. 7 → 2023, before me. Amy Aillen Crow, Notary Public, personally appeared Ellen E. Hamilton _ who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he sho/they executed the same in-his/her their authorized capacity, and that by-his her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
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. AMY AILEEN CROW
Notary Public - California
San Bernardino County
Commission #2349453
My Comm. Expires Mar 16, 2025
signature: Amy GleenCrow (Seal)
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
[To be attached]
EXHIBIT "A"
LEGAL DESCRIPTION
IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF LOT 35 OF TRACT. 4439 RECORDED IN BOOK 57, PAGE 57 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 'A'
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 35;
THENCE, ALONG THE SOUTHERLY LINE OF SAID LOT 35, NORTH 89°59'08" WEST, A DISTANCE OF 8.00 FEET;
THENCE, LEAVING SAID SOUTHERLY LINE OF LOT 35, NORTH 00°03'08" WEST, A DISTANCE OF 26.00 FEET;
THENCE, SOUTH 89°59'08" EAST, A DISTANCE OF 8.00 FEET TO THE EASTERLY LINE OF SAID LOT 35;
THENCE, ALONG SAID EASTERLY LINE OF LOT 35, SOUTH 00°03'08" EAST, A DISTANCE OF
26.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 208 SQUARE FEET MORE OR LESS.
ALSO AS SHOWN ON EXHIBIT 'B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
PREPARED BY: PROACTIVE ENGINEERING CONSULTANTS
UNDER THE DIRECTION OF:
L.S. 9106
NOVEMBER 3, 2023
STATE ECALFORD