ATTACHMENT C
ACCESS AND MAINTENANCE EASEMENT DEED
This Access and Maintenance Easement Deed (“Access and Maintenance Easement Deed”) is made and entered into as of , 2025, by and between the Victor Valley Community College District (hereinafter referred to as “District” or “Grantor”), and the City of Victorville, a Municipal Corporation (“Grantee”), each of which may also be identified individually herein as a “Party” or collectively as the “Parties.” WHEREAS, the District is the owner of that real property located in the City of Victorville, County of San Bernardino, State of California, and identified by Assessor’s Parcel Number 0482-022-06 (the “Property”);
WHEREAS, the Grantee has requested a permanent, non-exclusive access and maintenance easement to access above ground public utilities and adjacent public utility easements, including the right to temporarily move equipment through a portion of the Property and the right to vehicular access on, over, along and across a portion of the Property; WHEREAS, the District wishes to grant the requested permanent, non-exclusive access and maintenance easement on, over, along and across that certain portion of the Property more particularly described in the legal description attached hereto as Exhibit “A” and depicted on the drawing attached hereto as Exhibit “B” (hereafter, the “Easement Area”) subject to the conditions set forth herein. All Exhibits, including Exhibit “C” and Exhibit “D” as later referenced herein, are incorporated into this Access and Maintenance Easement Deed as though completely set forth herein.
NOW, THEREFORE, in consideration of the mutual promises set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. 2.
Grant of Access and Maintenance Easement. The Grantor hereby grants and conveys to the Grantee, a permanent, non-exclusive access and maintenance easement for the purpose of accessing and maintaining above ground public utilities and adjacent public utility easements, including the right to temporarily move equipment through the Easement Area and the right to vehicular access on, over, along and across the Easement Area totaling 7,091 sq. ft. / 0.16 acres (“Access and Maintenance Easement”) on the terms and conditions, set forth below.
Conditions of Grant.
The Access and Maintenance Easement is granted on the conditions set forth in this agreement between the Grantor and Grantee, including, but not limited to the following conditions:
a. The Grantee is not permitted to enlarge or increase the size of the Easement Area without the written consent of the Grantor.
1 b. Grantor reserves the right of full use and access of all surface areas and subsurface areas located within the Easement Area provided such uses do not substantially interfere with Grantee’s use of the Access and Maintenance Easement. Grantee agrees that Grantor’s improvement of the Easement Area surface with paved driveways, parking spaces, roadways, hardscape, sidewalks, or landscaping strips will not constitute substantial interference with Grantee’s use of the Access and Maintenance Easement.
c. Grantor reserves the right to permit others to use and/or occupy the Easement Area as long as such uses do not substantially interfere with Grantee’s use. d. Grantee’s use of the Access/Maintenance Easement shall include the right to enter the Easement Area through the primary access point on Bear Valley Road, as identified in Exhibit “C”. In the event that public roads and driveways are ultimately developed, Grantee may use such access routes as well. e. This grant does not include the right to construct improvements on the Easement Area or store materials or equipment on the Easement Area, including excavated soils, supplies or hazardous materials. The Easement Area may not be used as a staging area. Grantee’s use of the Easement Area is limited to accessing and maintaining above ground public utilities on the Easement Areas and accessing adjacent public utility easements.
f. Grantee shall keep the Easement Area free from explosives, combustible material and any and all other hazards or obstructions of any kind that are within its control.
Grantee shall not create or contribute to a dangerous or hazardous condition or a nuisance or commit a waste on the Easement.
8. Grantor agrees to inform any potential purchasers or lessors of the Property, or any portion thereof, about this Access and Maintenance Easement Deed. h. Grantee acknowledges that Grantor may decide to lease/sell a portion of the Property or Easement Area for commercial development that is compatible with the terms of this Access and Maintenance Easement Deed and does not interfere with Grantee’s rights hereunder. Grantee acknowledges that such development may include, but is not limited to, the construction of driveways, and vehicle and pedestrian ingress and egress access points from Bear Valley Road onto the Property through the Easement Area as well as construction of commercial buildings and accessory parking. For this purpose, Grantor reserves the right to potentially install a standard commercial paved driveway, driveway approach, and pedestrian walking paths within the hatched area depicted on Exhibit “D 99 (“Reserved Access Corridor”). Grantee warrants that its use of this Easement will not create an impediment to securing commercial driveway access off of Bear Valley Road. Other than as specified in Grantee's rights under this Access and Maintenance Easement Deed and the Roadway Easement Deed being executed and recorded concurrently herewith, the Grantor shall not be limited from carrying out 2 such commercial development, or otherwise selling or leasing the Property for others to do the same.
3. Term. This Access and Maintenance Easement Deed shall become effective upon recordation and shall continue in full force and effect in perpetuity, unless this Access and Maintenance Easement Deed is amended, modified, or terminated by an agreement executed, acknowledged, and recorded by the Parties hereto (or their successors and assigns).
4. Easement As-Is. The Easement Area is conveyed by the Grantor to the Grantee, and the Grantee hereby agrees that this Access and Maintenance Easement permitting use of the Easement Area is conveyed to the Grantee, AS IS, WHERE IS, and WITH ALL FAULTS, and that the GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES
WHATSOEVER, EXPRESS OR IMPLIED (INCLUDING THOSE IMPLIED BY THE TERMS “GRANT,” “CONVEY,” OR “DEED,” OR THOSE IMPLIED BY ANY OTHER
TERM HEREIN), OR ARISING BY OPERATION OF LAW WITH RESPECT TO THE
TITLE, MAINTENANCE, REPAIR OR CONDITION OF THE EASEMENT AREA, INCLUDING, WITHOUT LIMITATION: (i) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF HABITABILITY; (iii) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iv) ANY IMPLIED OR EXPRESS
WARRANTY OF CONFORMITY TO STATUTES, CODES, REGULATIONS, DRAWINGS, PLANS OR SPECIFICATIONS; (v) ANY IMPLIED OR EXPRESS
WARRANTY OF PRIORITY OVER ANY DEEDS OF TRUST, GROUND LEASES OR
OTHER ENCUMBRANCES (INCLUDING, WITHOUT LIMITATION , CLAIMS BY
THIRD PARTIES OF RIGHTS TO A PRESCRIPTIVE EASEMENT IN THE EASEMENT AREA); AND (vi) ANY CLAIM FOR DAMAGES BECAUSE OF
DEFECTS, WHETHER LATENT OR PATENT, KNOWN OR UNKNOWN, WITH
RESPECT TO THE EASEMENT AREA, IT BEING THE EXPRESS INTENTION OF
THE PARTIES THAT THE EASEMENT AREA BE CONVEYED TO, AND
ACCEPTED BY, GRANTEE IN ITS PRESENT CONDITION AND STATE OF REPAIR.
5. Maintenance. All use of, or work performed in, the Easement Area must comply with applicable federal and state statutes, codes, standards and regulations and local laws, codes, ordinances, standards and regulations and comply with industry standards and best maintenance practices. Grantee shall use due care in the use of the Access and Maintenance Easement, in accessing and maintaining public utilities on the Easement Area and accessing adjacent public utility easements.
Grantee will, at its sole cost and expense, maintain the Access and Maintenance Easement in good condition and repair at all times. Grantee shall maintain the Easement Area to be clear and free from any trash, rubbish, brush, debris, waste, weeds, excess dust and any Hazardous Materials as defined herein, and in the same or similar condition it was upon entering into this Access and Maintenance Easement.
3 Grantee at its sole cost and expense will repair any damage to the Property or the Easement Area that arises from its use of, or its activities undertaken on, the Easement Area.
Grantee shall provide forty-eight (48) hours advance notification prior to performing any maintenance that requires heavy equipment or traffic barricades or similar obstructions to vehicular or pedestrian travel through the Easement Area. Notwithstanding the provisions of Section 12.e hereof, given the short lead time, the required advance notification provided under this paragraph will be considered sufficient when provided by telephone and email.
This notification requirement shall not apply in the event of an emergency.
6. Third Party Indemnity. Grantee agrees to indemnify, defend (by counsel reasonably acceptable to the Grantor), and hold harmless the Grantor, and its Board of Trustees, officers, employees, agents, contractors, and representatives from and against any and all third party claims, demands, suits, proceedings, judgments, fines, penalties, encumbrances, liens, injuries, damages of any type whatsoever (whether foreseeable or unforeseeable), costs and expenses (including, without limitation, any litigation expenses and experts' or attorneys' fees), liabilities, or losses (collectively, the "Liabilities"), to the extent arising out of or in connection with or relating to:
a.
b.
c.
d.
e.
f.
The acts or omissions of the Grantee or “Grantee’s Affiliates” which is defined as Grantee’s contractors, subcontractors and consultants or any similar retained agents or representatives ;
The work or activities performed on the Access and Maintenance Easement by Grantee or Grantee’s Affiliates;
The maintenance of any public utilities located on the Access and Maintenance Easement by Grantee or Grantee’s Affiliates;
The non-performance, breach, or violation by Grantee of any term or condition of this Access and Maintenance Easement Deed;
The Grantee’s exercise of rights or performance of obligations under this Agreement; or,
Any handling of Hazardous Materials as hereinafter defined by the Grantee or Grantee’s Affiliates, or the presence or release of Hazardous Materials in, on or under the Easement Area caused or contributed to by the Grantee or Grantee’s Affiliates.
(i) For the purposes of this Access and Maintenance Easement Deed, “Hazardous Materials” means each and every element, compound, chemical mixture, contaminant, pollutant, material, waste or other substance which is defined, determined or identified as hazardous or toxic under any applicable environmental law or regulation.
The aforesaid indemnity obligations shall not apply if the Liabilities arise out of the sole active negligence or willful misconduct of the Grantor. Grantee will not be held liable, nor 4 will Grantee be required to indemnify Grantor for Liabilities arising from any presence or release of Hazardous Materials located on, in, or under the Easement Area which occurred prior to the date this Access and Maintenance Easement Deed was recorded.
7. Release. The Grantee hereby releases the Grantor, and its Board of Trustees, officers, employees, agents, contractors, consultants, invitees, representatives, successors, and assigns, from any and all Liabilities to the extent arising out of or in connection with or relating to:
a.
b.
c.
d.
e.
The acts or omissions of the Grantee;
Any work or activities performed on the Access and Maintenance Easement by Grantee;
The maintenance of any public utilities located on the Access and Maintenance Easement by Grantee;
The non-performance, breach, or violation by Grantee of any term or condition of this Access and Maintenance Easement Deed;
Any handling of Hazardous Materials (as hereinabove defined) by the Grantee, or the presence or release of Hazardous Materials in, on or under the Easement Area caused or contributed to by the Grantee.
The aforesaid release shall not apply if the Liabilities arise out of the sole active negligence or willful misconduct of the Grantor. Grantee will not be held liable, nor will Grantee be required to release Grantor for any Liabilities arising from any presence or release of Hazardous Materials located on, in, or under the Easement Area which occurred prior to the date this Access and Maintenance Easement Deed was recorded.
8. Insurance. The Grantee represents that it carries and will continue to carry commercial general liability insurance in an amount not less than $5,000,000 per occurrence for bodily injury and property damage and $10,000,000 annual aggregate for the entire duration of this Access and Maintenance Easement Deed. Commercial Automobile Liability Insurance shall have limits of not less than $2,000,000 per accident. This insurance must cover liability arising out of or in connection with the operation, use, loading, or unloading of a motor vehicle assigned to or used in connection with work to be performed on the Easement Area including, without limitation, owned, hired, and non-owned motor vehicles.
In lieu of the foregoing, Grantee represents that it is self-insured and that such self insurance meets or exceeds the limits set forth above. Grantee shall require and verify that all Grantee’s Affiliates obtain and maintain insurance meeting all requirements stated in the foregoing paragraph and Grantee shall ensure that Grantor is an additional insured on insurance required from Grantee’s Affiliates.
5 9. Successors and Assigns. This Access and Maintenance Easement Deed will be binding on the Parties and their respective successors and assigns. In no event may the Grantee sell, transfer, assign, or encumber the rights or obligations conveyed by this Access and Maintenance Easement Deed or the Grantee's interest under this Access and Maintenance Easement Deed without the consent of Grantor which consent shall not be unreasonably withheld.
10. Breach, Restoration, and Remedies.
a. Injunctive and Other Relief: The Parties further intend that, should any Party undertake, or cause to be undertaken, any activity in violation of this Access and Maintenance Easement Deed, or refuse after reasonable notice from the other Party to stop any activity in violation of this Access and Maintenance Easement Deed, then the other Party will have the right to obtain injunctive relief or writs from courts of competent jurisdiction in the County of San Bernardino, State of California, to stop any prohibited activity. The Parties will have the right to seek temporary restraining orders, preliminary injunctions, and similar provisional, equitable relief in a court of competent jurisdiction, provided that the Party seeking such relief has: (i) determined in good faith that the breach or threatened breach requires such immediate relief; and (ii) given the other Party notice and an opportunity to cure such breach or threatened breach.
b. Delay in Enforcement: Enforcement of the terms and provisions of this Access and Maintenance Easement Deed will be at the discretion of the Grantor or the Grantee. Any forbearance on behalf of the Grantor or the Grantee to exercise its rights hereunder in the event of any breach by the other Party or its respective assigns or successors will not be deemed or construed to be a waiver of that Party's rights hereunder in the event of any subsequent breach.
11. Liens. The Grantee will ensure that no lien is placed upon the Easement Area or the Property as a result of its activities within the Easement Area or that of Grantee’s Affiliates.
If such a lien is placed upon the Easement Area or the Property, the Grantee will immediately cause it to be removed at the Grantee’s sole cost and expense.
12. Miscellaneous.
a.
b.
No Third-Party Beneficiaries: The Parties agree that no governmental agency, person, or entity other than the Parties themselves will have the right to enforce any of the terms or provisions of this Access and Maintenance Easement Deed, it being intended that there be no third-party beneficiaries of this Access and Maintenance Easement Deed.
Governing Law: This Access and Maintenance Easement Deed will be governed by and construed in accordance with California law.
6 C. Entire Agreement: This Access and Maintenance Easement Deed sets forth the entire agreement and understanding between the Parties with respect to the subject matter of this Access and Maintenance Easement Deed.
d. Attorneys' Fees and Enforcement Costs of Suits: In the event of any action or proceeding between the Parties to enforce any provision of this Access and Maintenance Easement Deed the losing Party will pay to the prevailing Party all costs and expenses, including, without limitation, reasonable attorneys’ fees and expenses, incurred in such action and in any appeal in connection therewith by such prevailing Party.
e. Notices: All notices, requests, demands, or other communications under this Easement Deed will be in writing and notice will be sufficiently given for all purposes when provided as follows:
1. 11.
111.
IV.
Personal Delivery: When personally delivered to the recipient, notice is effective upon delivery;
First Class Mail: When mailed first class to the last address of the recipient known to the Party giving notice: notice is effective after three (3) mail delivery days of being deposited in a United States Postal Service office or mailbox;
Certified Mail: When mailed by certified mail, with return receipt requested: notice is effective upon receipt, if delivery is confirmed by a return receipt;
Overnight Delivery: When delivered by an overnight delivery service, with charges prepaid or charged to sender's account: notice is effective upon delivery, if delivery is confirmed by the delivery service; or In all cases where notice is required a courtesy email notice will also be provided to the individuals identified below.
In the case of notifications to the Parties, addresses for purpose of giving notice hereunder are as follows:
To Grantor: Victor Valley Community College District
Attn: Eric Vreeman VP Administrative Services
18422 Bear Valley Road
Victorville, California 92395
[email protected]
Telephone: (760) 245-4271
7 With copy to: Estela Wansten, Executive Assistant
18422 Bear Valley Road
Victorville, California 92395
[email protected]
To Grantee: City of Victorville
Attn: Fredy Bonilla, City Engineer
14343 Civic Drive
Victorville, California 92392
[email protected]
Telephone: (760) 955-5170
With copy to: Green de Bortnowsky, LLP
Attn: Andre de Bortnowsky
Victorville City Attorney
30077 Agoura Court, Suite 210
Agoura Hills, CA 91301
[email protected]
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the Party to be notified will be deemed effective as of the first date the notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service. Each Party must provide advance written notice to the other of any change to its contact information (i.e., address, telephone number, or email address).
f. Modification; Severability; Waiver; Survival: This Access and Maintenance Easement Deed may not be modified or altered except in writing and signed by both Parties (or their successors and assigns). If any part of this Access and Maintenance Easement Deed is found to be in conflict with applicable laws or regulations, that part will be inoperative, null, and void insofar as it is in conflict; however, the remainder of the Access and Maintenance Easement Deed will remain in full force and effect. The failure by one Party to enforce or require the other Party's full compliance with the terms and provisions of this Access and Maintenance Easement Deed will not constitute a waiver of its right to do so in the future, nor will it release the other Party from its responsibilities under this Access and Maintenance Easement Deed. A Party's consent to or approval of any act by the other Party, which act requires the first Party's consent or approval, will not be construed to waive or render unnecessary the first Party's consent to or approval of subsequent acts. A waiver of rights under this Access and Maintenance Easement Deed will only be valid if it is clearly set forth in writing. The covenants, agreements, and indemnities of the Parties set forth in this Easement Deed shall survive any termination of this Access and Maintenance Easement Deed. 8 8. No Fee Interest Transferred: Nothing in this Access and Maintenance Easement Deed shall be construed as transferring any fee interest in the Easement Area or the Property to the Grantee.
[END OF PAGE - SIGNATURE PAGE FOLLOWS]
9 IN WITNESS WHEREOF, the Parties have executed this Access and Maintenance Easement Deed on the dates set forth below, but this Access and Maintenance Easement Deed is effective as of the date identified in Section 3 above.
VICTOR VALLEY COMMUNITY COLLEGE
DISTRICT
Daniel Walden, Ph.D.
SUPERINTENDENT/PRESIDENT
By:
Name:
Title:
Date:
CITY OF VICTORVILLE
By:
Name:
Title:
Date:
ATTEST:
By:
Name:
Title:
Date:
APPROVED AS TO FORM:
By:
Name:
Title:
Date:
1210-102/7171451.1
10 ALL CAPACITY ACKNOWLEDGMENT
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 Match 1, 2025
1 (Date)'
before me,
personally appeared Dahiel Walde
Mario heeler Pblic ,
(Name and title of the officer)
K
(Name of person signing)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of officer
N
P8:
Rev. 01/01/2015
Maria D. Wheeler
I| COMM. #2441827 ,.
7 NOTARY PUBLIC - CALIFORNIA r- SAN BERNARDINO COUNTY , "Y. comm. Expires Mar 20,2027 •
0 (Seal)
ALL CAPACITY ACKNOWLEDGMENT
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
(Date)
before me,
(Name and title of the officer)
personally appeared
(Name of person signing)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of officer
(Seal)
Rev. 01/01/2015
Exhibit “A” to Access and Maintenance Easement
(Legal Description)
EXHIBIT “A”
LEGAL DESCRIPTION
ACCESS AND MAINTENANCE
APN 0482-022-06
BEING A PORTION OF WEST % OF SECTION 36, TOWNSHIP 5 NORTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL MARCH 19, 1856 AND DESCRIBED IN DEED IN BOOK 5775, PAGE 258, OFFICIAL RECORDS OF SAID COUNTY AND PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION:
THENCE NORTH 89°09'11" EAST, A DISTANCE OF 1046.32 FEET ALONG THE SOUTH LINE OF SAID SECTION;
THENCE NORTH 00°50'49" WEST, A DISTANCE OF 24.00 FEET TO A POINT 24.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION AND THE TRUE POINT OF BEGINNING; THENCE NORTH 45°10'39" EAST, A DISTANCE OF 151.22 FEET TO A POINT 129.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION;
THENCE SOUTH 89°09'11" WEST PARALLEL WITH AND 129.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 79.00 FEET;
THENCE SOUTH 10°09‘06" EAST, A DISTANCE OF 68.01 FEET;
THENCE SOUTH 06°58'20" EAST, A DISTANCE OF 38.10 FEET TO A POINT 24.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION;
THENCE SOUTH 89°09‘11" WEST PARALLEL WITH AND 24.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 202.89 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 0.341 ACRES, MORE OR LESS.
SEE EXHIBIT “B” ATTACHED HERETO AND MADE APART HEREOF.
LUDWIG ENGINEERING ASSOCIATES, INC.
PREPARED BY ME OR UNDER MY SUPERVISION
Glen L Ludwig, RCE 13191 /
AoeorESSTo,
1-31-2022
Date
No. 13191
EXP. 3-31-23
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v:\plans\dokken engineering\add topo files\new legals\0482-022-06\apn 0482-022-06 access.doc
Exhibit “B” to Access and Maintenance Easement
(Diagram of Easement Area)
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Exhibit “C” to Access and Maintenance Easement
(Access Diagram)
Exhibit “D” to Access and Maintenance Easement
(Reserved Access Corridor)
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