Agenda Item No. 9
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer V-Z,1�, Landon Kern, Assistant City Engineer go— r,, 1,K
FOR: City Council Meeting of January 24, 2022
SUBJECT: Offer of Dedication, Avenue E Intersections and Sidewalk Improvement Project, Bryant Street to 5th Street Project, Project No. 10788, Phase II RECOMMENDATION:
That City Council:
Accept an Offer of Dedication from Yucaipa Valley Presbyterian Church, (APN 0319-031- 77) for the acquisition of a 120 square foot easement for right of way purposes for the Avenue E Intersections Project; and
2. Approve an expenditure up to the amount of $2,300 for right of way acquisition coordination/staff time for the acquisition of a permanent right-of-way easement; and Authorize the City Manager, or his designee, to execute and record the necessary documents to complete the acquisition process.
BACKGROUND:
The Avenue E Intersections and Sidewalk Improvement Project, Bryant Street to 5th Street is prioritized in the FY2021/2022 Capital Improvement Program (CIP) and is consistent with the City's General Plan Circulation Element. This project includes roundabout intersection improvements at the various intersections and street/sidewalk improvements along avenue E within the project limits. This project is being completed in phases. Phase I of the project was constructed in 2020 and included the single lane roundabout improvements at the intersections of 2nd Street and 3rd Street with Avenue E, as well as the installation of sidewalk along Avenue E between the two intersections. Phase II includes the construction of dual lane roundabouts at the intersections of 41h Street and 5th Street with Avenue E.
The City seeks to acquire permanent easements from eleven (11) properties for Phase II. The acquisition of these permanent easements will allow for the construction of the roundabouts, including pavement widening, concrete curb and gutter, concrete driveway approaches, sidewalks, ADA ramps and storm drain improvements at the intersections of Avenue E with 5th Street and 4th Street. The sidewalk and street improvements along Avenue E between 41h Street and 5th Street will be constructed as part of a future phase.
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City Council Meeting of December 13, 2021
Right -of -Way Acquisition, Avenue E Intersections and Sidewalk Improvement Project, Bryant Street to 511i Street Project, Project No. 10788, Phase II
It is important to note that in 2011, interim improvements were constructed at the intersection of Avenue E and 5�h Street to increase traffic capacity at this intersection. The improvements included adding specific turn lanes at the 5"' Street approaches to improve traffic circulation during peak traffic hours on an interim basis. With the ultimate construction of a dual lane roundabout at the intersection of these two arterial streets consistent with the City's General Plan Circulation Element, traffic capacity at this intersection will be improved to support the projected traffic at buildout. The use of roundabouts, in lieu of signalized intersections, provides adequate capacity for Avenue E to remain as a 2-lane street at build out between Bryant Street and just east of 4th Street, thus significantly reducing right-of-way costs, construction costs, and impacts to private properties for the overall project.
DISCUSSION:
At the February 22, 2016, City Council Meeting, Council adopted the Categorical Exemption pursuant to Section 15301(c) of the CEQA guidelines and directed staff to file a Notice of Exemption to complete the environmental review process for the Project. City Council also authorized staff to proceed with the right of way acquisition for the Project.
Real estate appraisals were completed by the City's contract appraiser in accordance with state law to determine the fair market value of the permanent right of way easements required from the subject properties to construct the Project. Written offers were sent to the property owners pursuant to the Council approved appraisal reports which were based on current comparable similar property listings and sales.
Staff met with the owners of the property identified as APN 0319-031-77 to discuss the City's offer to purchase the necessary right of way. In lieu of the City purchasing the required easement, the property owners have requested the City construct as asphalt driveway on their private property as part of the Project construction. Staff has determined that the cost of constructing the asphalt driveway on their private property as part of the Project is equivalent in value ($10,897.40) to the total cost of the City to process the actual purchase of the easement, the cost to further negotiate the value of the permanent easement with the property owner and the acquisition cost for the required 120 square foot permanent right of way easement required for the Project. The property owners have executed an Offer of Dedication and right of entry document identifying the asphalt driveway improvements proposed to be constructed as part of the Project. Staff is also recommending City Council accept an Offer of Dedication from Yucaipa Valley Presbyterian Church for a 120 square foot Permanent Right of Way Easement for the construction of the Project.
With the approval of this Offer of Dedication, the acquisition of 8 of the 11 permanent easements will have been completed leaving no permanent easement remaining to be acquired for the 01 Street intersection improvements and 2 for the 5t1' Street intersection improvement with Avenue E.
FISCAL IMPACT:
The table below includes the estimated costs to date and available funding for the overall project in the approved FY2021/2022 (CIP):
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City Council Meeting of December 13, 2021
Right -of -Way Acquisition, Avenue E Intersections and Sidewalk Improvement Project, Bryant Street to 511, Street Project, Project No. 10788, Phase 11
Funding Sources
Amount
Traffic Facilities Fee Funds
$1,558,000.00
Measure I Arterial Funds
$2,954,000.00
SB 1
$1,068,000.00
PROP 1B
$219,000.00
SBCTA Advanced Expenditure Agreement Funds
$845,000.00
Traffic Safety Funds 2016/2017
$1,037,000.00
Total Funding Available
$7,681,000.00
Project Costs
Design Contracts
$289,758.89
Design Contract Administration/Staff Time/ Landscape
Design
$45,000.00
Total Project Design Costs
$334,758.89
Project Right -of -Way Acquisition
Total Project Right of Way Costs to Date
$2,601,191.60
Proposed Right of Way Costs Associated With This
Action
$10,897.40
Acquisition Expenses: Staff Time/Admin
/Escrow/Legal/ Relocation Expert and Expenses
$2,300.00
Total Proposed Right of Way Costs
$2,614,389.00
5th Street Intersection Interim Construction
Construction Contract
$149,121.26
Construction Contract Administration/Admin./Staff
Time
$42,324.90
Total 5th Street Intersection Interim Construction Costs $191,446.16
Phase I Construction (2nd and Yd Street roundabouts)
Construction Contract
$2,405,899.00
Construction Contract Contingency
$241,509.00
Construction Contract Administration/Admin./Staff
Time
$310,000.00
Total Phase I Project Construction Costs
$2,957,408.00
Total Estimated Project Costs to Date
$6,098,002.05
Total Funding
$7,681,000.00
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City Council Meeting of December 13, 2021
Right -of -Way Acquisition, Avenue E Intersections and Sidewalk Improvement Project, Bryant Street to 5t" Street Project, Project No. 10788, Phase II
Remaining Funding I $1,582,997.95
The total estimated cost associated with the proposed recommendations is $13,197.40. This includes the cost of the proposed property construction and the coordination/staff time associated with the processing of the Offer of Dedication. With the funding included in the table above, there is sufficient funding available to accommodate staff s recommendations.
Attachments: Property Location Map
Offer of Dedication
Right of Entry
Estimate of Property Construction
Approved by:
• A
LOCATION MAP
APN 0319-031-77
34530 TO 34558 AVENUE, YUCAIPA, CA 92399
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RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL
TO:
City of Yucaipa, City Clerk
34272 Yucaipa Boulevard
Yucaipa, CA 92399
Attn: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: 0319-031-77-0000
Free Recording per Gov't Code Sec. 6103
OFFER OF DEDICATION
(Government Code 7050)
THE UNDERSIGNED YUCAIPA VALLEY PRESBYTERIAN CHURCH ("Owner"), irrevocably OFFER TO DEDICATE to the CITY OF YUCAIPA, a municipal corpora`zion (the "City") and to the public in general, a permanent EASEMENT for Public Roads and Public Utilities in, under, over, through and across the following described real property in the County of San Bernardino, State of California:
See EXHIBIT "A" and "B" attached hereto and made a part of this document.
In addition, Owner grants a right of entry to City pursuant to the terms of RIGHT OF ENTRY AND ACCESS AGREEMENT, See Exhibit "C" attached hereto and made a part of this document.
In addition, as consideration for the herein Dedication from Owner to City, City agrees to the following: City will construct the public street improvements including pavement widening, concrete drive approach, curb, gutter and sidewalk within the proposed Dedication area and along the frontage of Owner's property as shown on the attached Exhibit "D", at no cost to Owner. City will also construct a 2,470 square foot driveway/parking area on the Owner's remainder property to provide parking and turnaround space as shown on the attached site plan, see Exhibit "E". City's or it's designee will remove, replace or repair any damaged or disconnected irrigation systems and private landscaping, adjust to grade or relocate water meters as necessary, adjust telephone vault covers, manhole covers and overhead utility connections to Owner's remainder property, adjacent to the project area, caused by City's improvement project.
IN WITNESS WHEREOF, Owner has executed this Agreement as of the date first written above.
"Owner":
(Please attach All -Purpose Acknowledgment)
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CALiFO NI ALL- PURPOSE
CERTIFMATE OF ACKNOWLEDGMENT
A notary public or other offiicer completing this certrlcate verifies only the identity, of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or valid'I of that document.
State of California
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who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrurent 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.
WiTNE S�my hand and official seal. T2E
Notary Public - Ca ifornia
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Commission U 2256444
My Comm. Expires Sep 25, 2.022
Notary Pubric Signature (Notary Public Seat)'`"`=
ADDITIONAL OPTIONAL I�iFOR�JiATiOt� LNSTRUCTIONi S FOR COWLETNG THIS FORM, Tnis form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT i'needea; should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sett to that state so long as the wording does not require the California notary to violate Cal jornia notary larv-
i ifie or description of attached document) • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment -- • Date o€notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date _ com.nission followed by a comma and than your title (notary public). i • Print the name(s) of document signer(s) who personally appear at the time of notarization
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
El Individual (s) l %shcftJ e-y is Are ) or circling the correct forms_ Failure to correctly indicate this information may lead to rejection. ofdocument recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different. acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk.
❑ Attorney -in -Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document, number of pages and date. ❑ Indicate the capacity claimed by the signer- If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 2015 Version 5 nnv.:�otaryClasses.co-; 6C^-c73-3e55 Securely attach this document to the signed document with a staple -
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EXHIBIT "A"
RIGHT-OF-WAY DEDICATION
0319-03I-77-0000
THAT PORTION: OF BLOCK 1 70.:tCCORDING TO THE PLAT OF REVISED VIAP OF YUC'AIPA CITY.' IN THE CITY ^F YUCAl?A, COUNTY OF SAN BERNARDINO. STATE OF CALF-GRX- LA..
RECORDED IN BOCK 17, ?AGES 41-93, INCLUSIVE, OF MAPS, RECORDS OF SAID COI;;\7Y- SAID PORTION MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNNG AT THE CENTERLINE INTERSECT[ON OF AVENUE E (FOR\,€FRLY AR Z-NA AVENUE) WITH FOURTH STREET (FORM-ERLY FIRST AVENUE) PER SAID PLAT: TH:EICE ALONG THE CENTERL1IE OF SAID AVENUE E SOUTH 90°00'00'' EAST 144.00 FEET; THE NCE LEAVING THE CENTERLINE OF SAID AVENUE E NORTH 0`00'00'' EAST 30.00. FEET LO A POINT OF INTERSECTION'. lA_ TP THE NORTHERLY RIGHT-OF-WAY OF SAID AVENI E,E. SAID NORTHERLY RIGHT-OF-WAY BEING PARALLEL WITH AN-D DISTANT 30.GG FEET NORTHERLY OF 7HE CE ITERLNE OF SAID AVENUE E. SAID POINT OF INTERSFC 10Ne BEING THE TRINE POINT OF BEGINNING; THENCE LEAVING THE NOR.TI-IERLY RIGHT-O,"- WAY OF SAID AVENUE E NORTH 0'00'00" EAST 4.96 FEET; THENCE SOUTH 81'10'5.5'EAST
48.88 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY OF SAID AVENUE E: THENCE SOUTH 90°00'00" WEST 48.63 FEET ALONG SAID NORTHERLY RrG'IIT- OF-WAY TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL. CONTAINS 120 SQUARE FEET.
THE BEARINGS FOR THIS DESCRIPTION ARE BASED UPON THE CENTERLINE OF AkfE N[kE.
E. AS SHOWN ON SAID REV,S-D PLAT OF YUCAIPA CITY, HAVING A. BEARING OF EAST.
EXHIBIT "B" IS ATTACHED HERETO AND IS MADE A PART HEREOF.
THIS DESCRIPTION WAS PREPARED BY ME.
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Exhibit B
Map of Easement
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TITLE:
RIGHT-OF-WAY DEDICATIO
A.P.N. 03' 9--031-77-000
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INDICATES AREA OF
RIGHT-OF-WAY DEDICATION
7861 PERALTA RD., RANCHO CUCAMONGA CA 91730 120 S.F.
(0.1 ACRES)
DATE OF PREPARATION: 04-04-2017
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RIGHT OF ENTRY AND ACCESS AGREEMENT
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RIGHT OF ENTRY AND ACCESS AGREEMENT
(San Bernardino County AP' 0319-03147-0000)
THIS RIGHT OF ENTRY AND ACCESS AGREEMENT (APN 0319-031-77-0000) ('Right of Entry") is made and entered into between YHCAIPA VALLEY PRESBYTERIAN CHURCH (Grantor or "Owners") and the City of Yucaipa, a municipal corporation ("Grantee" or "City") and is effective as of the date it is fully executed by the Parties ("Effective Date").
RECITALS
A. Grantors are the record fee owner. of that certain real property commonly known as 34530 Avenue E, in the City of Yucaipa, California„ and identified as San Bernardino County Tax Assessor's Parcel Number 0319-031-77-0000 ("Property").
B. Grantors and Grantee contemplate executing an Offer of Dedication to City.
Pursuant to the Offer of Dedication, City seeks to acquire an approximate 120 square foot dedication area ("Subject Property Interests"') on the Property described more particularly on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein by this reference in connection with the Avenue E Intersections Project ("Project"). The portions of the.
Property that do not include the Subject Property Interests are referred to below as the "Remainder Parcel". This Right of Entry is only valid if the Parties execute the Offer of Dedication.
C. Grantors agree to grant to Grantee, and Grantee has agreed to accept from Grantors the non-exclusive right. to enter onto the Property to construct certain site improvements and Project -related improvements described below in accordance with the terms of this Right of Entry.
D. Grantors and Grantee desire to execute and enter into this Right of Entry for the purpose of setting forth their agreement with respect to the Offer of Dedication, construction activities and Grantee's entry on portions of the Property.
NOW, THEREFORE, for and in consideration of the above Recitals, the consideration set forth in the Agreement, the mutual covenants and agreements contained herein, and.other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantors and Grantee do hereby covenant and agree as follows:
Incorporation of Recitals. The above Recitals are incorporated herein by this reference.
2. Access and Construction Improvements by Grantee. Grantors hereby grant to Grantee, Grantee's employees, agents, contractors, representatives, consultants and other designees (referred to below collectively as "Grantee's Designees") a Right of Entry to the Property for construction of certain site improvements and Project -related improvements -72-
1 A
discussed below, subject to all easements, encumbrances and claims of title affecting the Remainder Parcel for the purposes of access and construction of the improvements described in this Section 2.
a. City proposes to construct the public street improvements including pavement widening, concrete drive approach, curb, gutter and sidewalk within the proposed dedication area and along the frontage of Property, at no cost to Grantors. Additionally, a 2,470 square foot driveway/parking area will be constructed to provide parking and turnaround space.
Additionally, a retaining curb will be constructed along the west side of the proposed private driveway. City's contractor will also remove, replace or repair any damaged or disconnected irrigation systems and private landscaping, adjust to grade or relocate water meters as necessary, adjust telephone vault covers, manhole covers and overhead utility connections to the Remainder Parcel, adjacent to the project area, caused by City`s improvement project. These improvements are being proposed for the impacts to Grantor's existing improvements. b. Grantors agree and acknowledge that the Construction Activities discussed above may include tests, surveys and work of professional engineers, architects and soils experts and this Right of Entry authorizes any such work that is necessary to construct the above improvements for the Project.
C. In performing the above Construction Activities, Grantee's Designees will use their best efforts to minimize any adverse impacts to the Remainder Parcel. Grantee's Designees will not unreasonably interfere with the use and possession of the Remainder Parcel by Grantors other than as specified in this Section 2. Grantee's Designees will remove any and all trash and/or debris placed on the Remainder Parcel by Grantee's Designees in connection with the exercise of their rights under the Right of Entry within 14 calendar days after the completion of the Construction Activities. Grantee's Designees will keep clean and clear of trash and debris the areas adjacent to or on public and private properties. Work areas will be left clean and orderly at the end of each work day.
3. Term. The Commencement Date of this Right of Entry will be 30 calendar days after the date on which Grantee provides written notice to Grantors that it intends to commence the construction of the Construction Activities on the Remainder Parcel. Accordingly, Grantee's Designees will have the right to access the Remainder Parcel 30 calendar days after the date on which Grantee provides written notice to Grantee's Designees of the commencement of the Construction Activities. Grantee anticipates that it will complete the Construction Activities within nine months of the Commencement Date of this Construction Right of Entry.
Accordingly, this Right of Entry will expire and terminate by its own terms upon (i) the completion of the Construction Activities or (ii) nine months after the Commencement Date, whichever occurs sooner.
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4. Hours of Construction Activities. Grantee`s, Designees will perform the Construction Activities during regular business hours (7:00 a.rn.. to! 5:00 p.m.) on Monday through Friday and 8.00 a.m. to 5:00 p.m. on Saturdays_ Gran`elz "s Designees will not perform any construction work on Sundays or federal holidays_
5. Grantors reserve the right to be present for observation. during the Construction Activities. described herein, provided Grantors do not interfere with Grantee's: Designees..
6. Grantee's Designees will use reasonable efforts, to avoid any adverse, permanent change to the Remainder Parcel, except where the access and conmucI on of the Construction Activities discussed above in Section 2 require such changes. to the; original conditions. Grantors agree and acknowledge that the Construction Activities may result: in certain permanent changes to the Remainder Parcel in the after condition_
a. Grantee's Designees will be responsible for returning the Remainder Parcel to its original condition, or as close as possible to such condition,, except for the Construction Activities discussed above in Section 2 that requirepermanent changes to the original conditions.
b. Grantors do not hereby convey to Grantee or. Grantee's Designees any right, title or interest in or to the Remainder Parcel, but merely grant the specific rights and privileges hereinabove set forth.
7. Grantee agrees to keep all private driveways) on the Property open at all times, except when construction takes place directly in front of or on the driveways or access points. In such case, Grantee will give Grantors at least a two-day notice of the temporary impact.
8. Lien Waivers. Grantee agrees to keep the Property free of any liens, including without limitation, any liens made by contractors, subcontractors, suppliers, engineers, architects and surveyors that arise out of Grantee's use of the Property in connection with the constniction of the Project. If any such lien is filed on the Property as a result of Grantee's Construction Activities, Grantee will, at its sole cost and expense, have the lien released and discharged of record in a manner satisfactory to Grantors within thirty days of receiving notice of the lien. If Grantee fails to remove the lien within such 30-day period, Grantors will have the right to remove the lien, and Grantee, upon demand, will reimburse Grantors for all reasonable costs and expenses incurred by Grantors in connection with such removal. Upon receipt of a written request from Grantors, Grantee will provide Grantors with lien waivers following completion of the Construction Activities, in form and substance reasonably satisfactory to Grantors and its counsel (if any), from each and every contractor, subcontractor, supplier, engineer, architect and surveyor who might have lien rights against the Property for work performed or commenced in connection with the Construction Activities. To the extent permitted by applicable law, Grantee hereby indemnifies Grantors from and against any claims or demands for payment, or any liens -74-
or lien claims made against Grantors or the Property as a result of Grantee's Construction.
Activities pursuant to this Right of Entry-.
9. Insurance. Prior to entry onto the Remainder Parcel, Grantee will, and wiII cause all of Grantee's Designees performing the Construction Activities to,, procure or maintain a policy of commercial general liability insurance issued by an insurer reasonably satisfactory to Grantors covering Construction onstnzction Activities with a single limit of liability (per occurrence and aggregate) of not less: than S 1,000,000.00 and, upon Grantors' written request, to deliver to Grantors a certificate of insurance and copy of additional insured endorsement naming Grantors as named additional insureds, evidencing that such insurance is in force and effect, and evidencing that Grantors: have been named as an additional insureds thereunder with respect to the Construction Activities. Such insurancewill be maintained in force throughout the term of this Right of Entry.
10. Grantee"s Agreement to Indemnify. Grantee will, and will request that its contractors, indemnify, defend, and hold Grantors harmless from any and all liability for bodily injury, death and property damage arising out of or in any way connected with Grantee's Designees' entry, access and use of the Property in connection with Grantee's Designees' exercise of their rights under this Right of Entry, and will reimburse Grantors; for all reasonable costs, expenses and losses, including reasonable attorneys' fees, incurred by them in consequence of any claims, demands and causes of action that may be made or brought against them arising out of Grantee and Grantee's Designees' entry on and use of the Property for the Construction Activities.
11. Agreement of Grantors to Indemnify Grantee. To the fullest extent permitted by law, Grantors will indemnify, defend and hold harmless Grantee, and its elected and appointed councilmembers, officials, officers, boards, commissions, consultants, agents, employees, and attorneys from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees, expert witness fees, disbursements and court costs) of every kind and nature whatsoever brought by any tenant or occupant of the Property that may arise out of, result from, or in any matter be related (directly or indirectly) to the rights granted to Grantee and Grantee's Designees pursuant to this Right of Entry.
12. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one business day following deposit with an overnight carrier service. The Parties will address such notices as provided below or as may be amended by written notice:
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GRANTEE: City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, California 92399-9950
Attention: Raymond A. Casey, City Manager
COPY TO: Richards, Watson & Gershon.
350 S. Grand Avenue
37th floor
Los Angeles, California 90071
Attention: David M. Snow, City Attorney
GRANTORS: Presbytery of Riverside
Yucaipa Valley Presbyterian Church,
A Non -Profit Corporation
P.O. Box 1165
Redlands, CA 92373
13. Miscellaneous.
a. Authority to Bind Par ties and Execute Right of Entry. Grantors and Grantee represent and warrant to one another that this Right of Entry constitutes a binding obligation on each of them and that the person executing this Right of Entry is authorized to execute the Right of Entry on behalf of the respective parry and to bind it. b. Governing Lmv. This Right of Entry is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Right of Entry will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties will be governed by, and construed and enforced in accordance with, the laws of the State of California.
C. Amendment or Modification. This Right of Entry may be modified or amended only by a writing executed by all Parties to this Right of Entry. d. Partial Invalidity/Severability. Each provision of this Right of Entry will be valid and enforceable to the fullest extent permitted by law. If any provision of this Right of Entry or the application of such provision to any person or circumstance is, to any extent, deemed to be invalid or unenforceable, the remainder of this Right of Entry, or the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected by such invalidity or unenforceability, unless such provision or such application of such provision is essential to this Right of Entry.
e. Successors -in -Interest and Assigns_ This Right of Entry will be binding upon and will inure to the benefit of the successors -in -interest and assigns of the Parties hereto, and each of them.
f. Legal Representation. The Parties, and each of them,, acknowledge that in connection with the negotiation and execution of this Right. of Entry, they have: eachh had the opportunity to be represented by independent counsel of their own choosing and the Parties executed the Right of Entry after review by such independent counsel, or, if they were not so represented, said non -representation is and was the voluntary, intelligent and informed decision and election of any of the Parties not so represented; and, prior to executing. this Right of Entry, each of the Parties has had an adequate opportunity- to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of this Right of Entry.
g. Interpretation and Construction. Each party has reviewed this Right of Entry and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Right of Entry. Any rule of construction to the effect that ambiguities are to be resolved against the drafting parry will not apply in the interpretation of this Right of Entry or any amendments or exhibits thereto. In this Right of Entry, the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the Sections and Subsections of this Right of Entry are for convenience and reference only, and the words contained therein will in no way be held to explain, modify; amplify or aid in the interpretation, construction or meaning of the provisions o'.' this Right of Entry.
h. Counterparts, Facsimile & Electronic Signatures. This Right of Entry may be executed in whole or in counterparts which together will constitute the entire Right of Entry. Facsimile or electronic signatures/counterparts to this Right of Entry will be effective as if the original signed counterpart were delivered.
i. Fees and Costs. Each of the Parties will bear its own attorneys' fees and costs, including, but not limited to expert fees, incurred in connection with negotiating this Right of Entry. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Right of Entry or because of a breach of this Right of Entry by the other party, the prevailing parry, whether by suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys' fees and costs from the other party.
j. Severability. If any part, term or provision of this Right of Entry is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will -77-
be construed and enforced as if this Right of Entry did not contain the particular part, term o provision held to be invalid.
[SIGNATURES 0-1\� NEXT PAGE]
-78-
IN WITINESS WHEREOF, Grantors and Grantee have executed this Right: of Entry as of the date set forth below.
GRANTORS
YUCAIPA VALLEY PRESBYTERIAIN
CHURCH
Datedj �; 2 0 2 By:
Author-Author6d Representa ve
GRANTEE
CITY OF 'YUCAIPA, n municipal
corporation
Dated:
ATTEST:
Jennifer Crawford, City Clerk
Approved as to form:
RICHARDS, WATSON & GERSHON
David M. Snow, City Attorney
By:
Raymond A. Casey, City Manager
-70-
Exhibit WA
Legal Description
(120 s.f. Easement Area)
CALIFORNIA ALL- PURPOSE
A, natary public or other officer completing this ceartifacate: Verifies only the identity of the: individual who signed the document to w.thich; this certificate is attached, and moat the truthfulness, accuracy, or validity of that docu.menlL State. of California
On L% before me, C. 6Q,-e� L,��
(', a -cis -name ara We c( the ofhcW _
personally appeared Ch �-ty' inn vt � ,--), 2
who proved to me on the basis of satisfactory evidence to be: theperson(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the pers.on("s)„ or the entity upon behalf of which the person(s) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WIT[7SS my hand and official seal.
Notary Public Signature (Notary Public Seal)
R. GOETZE
Notary Public - California
' San Bernardino County
-
Commission # 2256449F
My Comm. Expires Sep 25, 2022 r
ADDITIONAL OPTIONAL INFORMATIONMIS- rRUCTIONS FOR COMPLETING THIS FORM This farm complies frith current California statutes regarding noraty wording and.
DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded should be courpleied and attached to the document.:lcknoidedgments fi-ont other states ma}• he conydeted for documents being sent to drat state so long as the wording does trot require the California notary to riolate California notary _ lair.
(Title or description of attached document) • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must he the date that the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed he a comma and then your title (notary• public) • Print the name(s) of document signers) who personally appear at the time of notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hdsheidwy- is /are ) or circling the correct forms. Failure to correctly indicate this ❑ individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover te%t or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the eounw clerk.
❑ Attorney -in -Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document, number of pages and date ❑ Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i.e CEO. CFO, Secretary) - _ Securely attach this document to the signed document with a staple
EXHIBIT "At"
RIGHT-OF-WAY DEDICATION
A.P.N.0319-031-77-000D
THAT PORTION 02 BLOCK 170. ACCORDING TO THE PLAT OF REVISED MAP OF YUCAIPA CITY- IN THE CITY OF Yt C ,, A. COUNTY OF SAN BERNARDINO. STATE OF CALIF ORNIA- RECORDED N BOOK 17. PAGES 9I-93, NCLUSIVE, OF MAPS, RECORDS OF SAID COL-Nm-.
SAID FORT°ON MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINI NG AT THE. CENTERLINE NTERSECTIO` OF AVENUE E (FORMERLY ARIZONA AVENUE) WITH FOURTH STREET (FORMERLY FIRST AVENUE) PER, SAID PLAT; THENCE ALONG THE CENTERLf IE OF SAID AVENUE E SOUTH 90`00'00.- EAST 144.00 FEET; THENCE LEAVING THE CENTERLINE OF SAID AVENUE E NORTH: 0°00'001' EAST 30.00 FEET TO A
PONT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY OF SAID AVENUE E, SAID NORTHERLY RIGHT-OF-WAY BEING PARALLEL WITH AND DISTAINT 30.00 FEET NORTHERLY OF -HE CENTERLINE OF SAID AVENUE E. SAID POINT OF INTERSECTION, BEING THE TRUE POINT OF BEGC?4NING: THENCE LEAVING THE NORTHERLY RIGHT-OF- WAY OF SAID AVENUE E NORTH 0'00'00" EAST 4.96 FEET; THENCE SOUTH 840I0'55" EAST
48.98 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY OF SAID AVENUE E: THENCE SOUTH 90'00'00"'WEST 48.63 FEET ALONG SAID NORTHERLY RIG IT- O F-\VAY TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 120 SQUARE FEET.
THE BEARINGS FOR THIS DESCRIPTION ARE BASED UPON THE CENTERLINE OF AVENUE E. AS SHOWN ON SAID REVISED PLAT OF YUCAIPA CITY., HAVING A BEARING OF EAST.
EXHIBIT "B" IS ATTACHED HERETO AND IS MADE A PART HEREOF.
THIS DESCRIPTION WAS PREPARED BY ME.
o� RALPH M. t,
�n/
DOWNGUEZ -A
RAL H b . DOMINGUEZ, P S. No. 5425
/ Exp, 9-30-18
.e-O
-82-
Exhibit "-'B"'
Mm ap
(120 sf- Easement area)
mt
cH►l1 i I w
BLOCK 170
I A.P.N. i
Q 0319-031-75-0000 C
E � O
w �
w 1 1
F-
C' E O
P0RT10i\ OF BLOCK 170 rn
a REVISED MAP OF r
YUCAIPA CITY O
Z_ M.B.17, PAGES 91-93,
s INCLUSIVE, OF MAPS a.
La C A.P.N.0319-031-77-0000 E
c:
0 o_
o`er. °' S84'10'55"E
48.88'
S90'00'00"W
48.63' o
N00°00'00'E —
c -CE D' —
AVENUE E
S90'00'00'E
144,00'
TITLE: RIGHT-OF-WAY DEDICATION
A.P.N. 0319-031-77-000
r+0
INDICATES AREA OF
RIGHT-OF-WAY DEDICATION
7861 PERALTA RD., RANCHO CUCA.MONGA CA 91730 120 S.F. (0.1 ACRES) DATE OF PREPARATION: 04--04-2017
Exhibit "D"
City public street improvements within the proposed easement area and along the, frDrtage: of Owmer's property.
-85-
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. UTILITY LEGEND
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•
Exhibit "E"`
Site. Plan for 2,470 square foot driveway/parking area. m the €owner's remainder property to provide parking and turnaround space as, sho,-wn on the attached.
I 1 I
�PRESBY ER. A.�� ���' C`
i i
6 EXISTINt SPLIT RAIL
j FENCEAND PLANTER
luj
/ �TO
- CONSTRUCT
/
CONCRETE >- REMOVE EXIST. 1 l
DRD/EWAY CONSTRUCT -- 19ASPHALT /
CONCRETE DRIVEWAY
RETAINING CURB j F CONSTRUCT NEW z
247ESFASPHALT
,� DRIVEWAY
REMOVE EXIST �
28'ASPHALT w
I DRIVEWAY EXIST AC
CONS i RLCT
- - = EXIST. DIRT a, / COAtCRETc N EXIST. RI4V
., � I CO. DRIVE APPROACH
�' PROP I«
VOW
/ FUTURE SIDEWALK
PROPO
D
UR �GU1
-c__ i---------- - --- - _
!
r'�
= =
--__-�_.----
��
CONSTRUCTI-
_
���
i
�-EXIST.
CONCRETE
EXIST. CURS ST-SHRUBS- WATE
SIDEWALK
TO BE REMOVED METERS TO
FROM RtW REMAIN
RELOCATE EXISTING
MAILBOX BEHIND NEW CURB _..__.._
-
- -
r 42 SF DIRT
-
Prepared By :
Job No.
5096
CITY OF YUCAIPA ENGINEERING
AVENUE E & 4TH STREET
Drawing No.
APN 319-031-77
10788
NOV 2021
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