Yucaipa City Council
September 14, 2026

Item No. 6.

STAFF REPORT
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Dr. Sean M. Moore, City Manager
PREPARED Fermin Preciado, Director of Public Works/City Engineer BY: Landon Kern, Assistant City Engineer
Crystal Campbell, Associate Engineer
SUBJECT: Purchase and Sale Agreement for the acquisition of a public right of way easement for the Avenue E Intersections Project - 34510 Avenue E RECOMMENDATION:

That the City Council:

1. Approve a Purchase and Sale Agreement with Waikoon Chareonraj (APN 0319-031-78) for the acquisition of a 1,939 square foot permanent easement for right of way purposes to accommodate the construction of the Avenue E Intersections Improvement Project for an amount not to exceed $77,050; and

2. Approve an expenditure up to the amount of $4,500 for closing costs associated with the proposed acquisition; and

3. Authorize the City Manager, or his designee to execute the necessary documents to complete the acquisition process; or

4. Provide further direction to staff.

BACKGROUND/DISCUSSION:

On July 19, 2021, the City Council approved a Purchase and Sale Agreement with Waikoon Chareonraj and Chanunporn Chandrusen for the acquisition of a 1,939 square foot permanent easement for right of way purposes on the property located at 34510 Avenue E (APN 0319-031- 78). Following the City Council's approval, staff discovered that the property owners, Waikoon Chareonraj and Chanunporn Chandrusen, did not fully execute the required sellers documents to the title company during escrow. As a result, the escrow process was never completed or "closed".

Upon further investigation, staff ascertained that there was change in legal ownership of the subject property during the corresponding time period. Staff then contacted Mr. Chareonraj who confirmed he is now the sole legal owner of the subject property. At the advice of the City Attorney, staff then re -initiated the negotiations with the sole owner, Waikoon Charonraj, to purchase the required easement which has resulted in the proposed Purchase and Sale Agreement.

FISCAL IMPACT:

The recommendations do not result in a fiscal impact. Funding for the right-of-way acquisition is included in the FY2026/2027 Adopted Capital Improvement Program Budget for the Intersections at Avenue E Project.

Attachments
Attachment 1 - Purchase and Sale Agreement

PURCHASE AND SALE AGREEMENT AND JOINT ESCROW

INSTRUCTIONS REGARDING THE REAL PROPERTY
LOCATED AT 34510 AVENUE E, YUCAIPA, CALIFORNIA, AND

FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX
ASSESSOR'S PARCEL NUMBER 0319-031-78 IN CONNECTION
WITH AVENUE E INTERSECTIONS PROJECT.

This Purchase and Sale Agreement and Joint Escrow Instructions ("Agreement") pertains to the real property located at 34510 Avenue E, Yucaipa, California, and further identified as San Bernardino County Tax Assessor's Parcel Number 0319-031-78 (referred to below as the "Property") A portion of the Property is being acquired by the City of Yucaipa to construct the proposed Avenue E Intersections Project. The Agreement is entered into as of , 2026 ("effective date") by and between the following "Parties", Waikoon Chareonraj (referred to below as "Seller") and the City of Yucaipa, a municipal corporation (referred to below as "Buyer" or "City"). This Agreement constitutes a negotiated transaction to purchase and sell the between the Seller and Buyer, and the joint escrow instructions directed to Stewart Title of California ("Escrow Holder"). The Buyer and Seller will collectively hereafter be referred to as the "Parties."

RECITALS
A. Seller is the record fee owner of the Property that is located 34510 Avenue E, Yucaipa, California, and further identified as San Bernardino County Tax Assessor's Parcel Number 0319-031-78.

B. The City seeks to acquire, through good faith negotiations, a permanent roadway easement and site improvements over a portion of the Property, hereafter said portion is referred to as the "Subject Property Interests" to construct the Avenue E Intersections Project (proposed "Project"). The Subject Property Interests are described on Exhibit "A" and depicted on Exhibit "B," to this Agreement, with both incorporated herein by this reference.

C. The Subject Property Interests are a permanent roadway easement and site improvements thereon, approximately 1,939 square feet (gross) in size.

D. Seller and Buyer acknowledge that the City made a formal written offer to acquire the Subject Property Interests for the proposed Project and entered into good faith negotiations.

E. Seller desires to sell and Buyer desires to buy the Subject Property Interests on the terms and conditions set forth herein.

F. The foregoing recitals shall survive the Close of Escrow. ,c NOW THEREFORE, in consideration of the above Recitals, which are incorporated herein by this reference, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Buyer and Seller agree to the following:

1. Purchase and Sale. On.the Close of Escrow (as defined in Section 2 below),

Seller agrees to sell the Subject Property Interests to the City, and the City agrees to buy the Subject Property Interests from Seller, subject to the terms and conditions set forth in this Agreement.

2. Oyenine and Close of Escrow. Within five business days after the effective date of this Agreement, the City will deliver a certified copy of the fully executed Agreement to Escrow Holder. For purposes of this Agreement, "Opening of Escrow" means the date on which Escrow Holder receives the certified copy of this Agreement from Buyer. The Parties can execute the Agreement in counterparts as set forth in Section 21(f) below. "Close of Escrow" means the date on which the Grant Deed (as defined and referenced in Section 6(a) below) is delivered and recorded in the Official Records of the County of San Bernardino. The Close of Escrow will occur after the performance of all duties and obligations under this Escrow that are required to take place prior to Close of Escrow. The Close of Escrow will be on the date that is not later than the first business day occurring 60 calendar days after the Opening of Escrow.

Before the Close of Escrow, all risk of loss and damage to the Subject Property Interests from any source whatsoever will be solely that of Seller.

3. Purchase Price. The "Purchase Price" that Buyer will pay to Seller for the fair market value of the Subject Property Interests is the sum of Seventy -Seven Thousand, Fifty Dollars ($77,050.00). This amount represents at least the full amount that the City believes to be just compensation for the Subject Property Interests. The amount is not less than the approved appraisal of the Subject Property Interests. The Purchase Price does not include any increase or decrease in value of the Subject Property Interests caused by the proposed Project for which the City seeks to acquire the Subject Property Interests.

3.1 Improvements Constructed as Part of Project. As additional consideration for Seller's sale to City of the Subject Easement, City agrees to complete the Construction Activities identified as construction of a concrete drive approach and fence replacement and relocation located within the remainder parcel and along the frontage of the Property, within the remainder parcel as shown on the Site Plan attached as Exhibit "D" hereto and described more particularly in the Right of Entry for Construction of Site Improvements and Project -Related Improvements, the form of which is attached as Exhibit "E" hereto ("Right of Entry for Construction"). Seller will provide to City the executed Right of Entry for Construction at the same time that it provides the executed Agreement.

4. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder will obtain and issue a title commitment for the Subject Property Interests. Escrow Holder will also request two copies each of all instruments identified as exceptions on said title commitment.

Upon receipt of the foregoing, Escrow Holder will deliver these instruments and the title commitment to Buyer and Seller. Escrow Holder will insure Buyer's interest in the Subject Property Interests described above in Sections A and B of the Recitals and on Exhibits "A" and "B" to this Agreement at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). Buyer will pay for the cost of the Policy. The Policy provided for pursuant to this Section will insure Buyer's interest in the Subject Property Interests free and clear of all liens, encumbrances (including, without limitation, .monetary encumbrances), restrictions, and rights -of -way of record except the following permitted conditions of title ("Permitted Title Exceptions"):
2 a. General and special real property taxes for the then current tax fiscal year that are a lien not then due and payable; and
b. Zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Subject Property Interests; and C. Those non -monetary exceptions approved by Buyer within ten business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such exceptions within such ten -business day period, Escrow will thereupon terminate, all fiords deposited by Buyer therein will be refunded to Buyer, and this Agreement will have no further force or effect. If Buyer conditionally disapproves any such exceptions within such ten business day period, then Seller may, but shall not be obligated to, cause such exceptions to be removed by the Close of Escrow, provided, however, that if Seller is able and willing to cause such exceptions to be removed or otherwise cured, then Seller shall notify Buyer in writing within ten business days after Seller receives Buyer's title objection notice of those title exceptions that Seller intends to remove or otherwise cure, in which case the removal or curing by Seller of the title exceptions specified by Seller in Seller's title notice shall be -a Buyer closing condition, and if such exceptions are not removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the Subject Property Interests subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited by Buyer into Escrow (less escrow cancellation charges), if any, and this Agreement will thereupon be of no further force or effect. If Seller does not deliver Seller's title notice to Buyer within ten business days after Seller receives Buyer's title objection notice, then Buyer shall be deemed to be notified that Seller is unable or unwilling to eliminate or cure Buyer's conditionally disapproved exceptions. If Seller notifies or is deemed to have notified Buyer that Seller is unable or unwilling to cure any particular exception, then Buyer shall have the right, upon delivery to Seller and Escrow Holder prior to the expiration of the Due Diligence Period of a written notice, to either: (1) waive its prior title objections, in which event said conditionally disapproved exceptions shall be deemed approved; or (2) terminate this Agreement and the Escrow created pursuant hereto, in which case all funds deposited by Buyer therein will be refunded to Buyer, and this Agreement will have no further force or effect.

Failure to take either one of the actions described in (1) and (2) shall be deemed to be Buyer's election to take the action described in (2) above.

5. Deposit of Funds in Escrow. Buyer covenants and agrees to deposit into Escrow the Purchase Price and such escrow funds (including, without limitation, the Purchase Price, title and escrow charges and prorations) and documents as are required within five business days of receiving written notice from Escrow Holder regarding the confirmation of the completion of the conditions required herein for the Close of Escrow.

6. Deposit of D_Qcunwnts_in_Escrow by Seller. Seller covenants and agrees to deposit into Escrow the following:
a. Grant Deed. Seller will, within 15 business days after the effective date of this Agreement, deposit with Escrow Holder a Grant Deed granting to the City the permanent roadway easement and site improvements thereon duly executed and acknowledged by Seller in

the form attached hereto as Exhibit "C" and incorporated herein by this reference. Buyer will have ten days to review and accept said executed form prior to CIose of Escrow. b. Withholding Exemption Certificate. If requested by Escrow, Seller will deliver to Escrow Holder, prior to the Close of Escrow, a Withholding Exemption Certificate 593-C as contemplated by California Revenue and Taxation Code section 18862.

C. Proof of Seller's Authorization. Seller will deliver to Escrow such proof of Seller's authorization to enter into this transaction as Escrow Holder may reasonably require for issuance of the Policy.

7. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled:
a. Escrow Holder can issue in favor of Buyer the Policy, showing Buyer's interest in the Subject Property Interests, subject only to the Permitted Title Exceptions. Unless otherwise instructed by Seller, Escrow Holder will use the proceeds of the Purchase Price to obtain a full reconveyance of any monetary liens encumbering the Subject Property Interests that Seller has agreed in writing to cure pursuant to Section 4(c). Escrow Holder will notify Seller of the amount of the disbursement of the proceeds required to clear any monetary lien and obtain Seller's written authorization for such disbursement prior to disbursing such proceeds to the holders of the monetary liens encumbering the Subject Property Interests; b. Buyer will have deposited with Escrow Holder the Purchase Price and escrow charges;
C. Escrow Holder will have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for below in Section 13;
d. Seller will have deposited with Escrow Holder the executed Grant Deed required by Section 6; and
e. Seller will have deposited with the City the Right of Entry and Access Agreement -Due Diligence and Construction Activities required by Section 9.

Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed.

8. Escrow Charges and Prorations.
a. Buyer will pay for the cost of the Policy, escrow costs and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc.

Buyer will pay for recording the Grant Deed, any documentary or other local transfer taxes, and 4 any other recording fees. If the Escrow fails to close through no fault of either party, Buyer will pay all escrow cancellation charges.
b. Real property taxes for the Subject Property Interests will not be prorated but must be paid by Seller for the current tax period. Seller may apply for a refund of property taxes in the event any property taxes paid are allocable to the period after the Close of Escrow and City will reasonably cooperate therewith. City, as a municipal corporation acquiring property within its jurisdiction, is exempt from property taxes. All property assessments will be prorated between City and Seller as of the Close of Escrow based on the latest available tax information. All prorations for such assessments shall be determined on the basis of a 365-day year. Escrow Holder is authorized to pay from the Purchase Price any unpaid delinquent taxes and/or penalties and interest thereon, and for any delinquent or non -delinquent assessments or bonds recorded against the Subject Property Interests.

The provisions of this Section 8 will survive the Close of Escrow.

9. Right of Entry and Access Agreement -Due Diligence and Construction Activities.
a. Due Diligence and Construction Right of Entry. Seller shall grant to the City a Right of Entry and Access Agreement — Due Diligence and Construction Activities ("Right of Entry") in substantially the form attached hereto as Exhibit "D". Seller shall deliver to the City the Right of Entry duly executed on behalf of Seller on or before the 5th business day after Opening of Escrow. During the period commencing on the effective date of the Right of Entry and ending at 5:00 p.m. (Pacific) 45 calendar days after said commencement date ("Due Diligence Period"), Buyer may, upon delivery to Seller of the Right of Entry and Access Agreement -Due Diligence and Construction Activities duly executed on behalf of Buyer, inspect the Subject Property Interests as necessary for the purpose of making inspections and other examinations of the Subject Property Interests at Buyer's sole expense, provided that Buyer shall not perform soil and geological tests of the Property, other intrusive or invasive investigation of the Property or an environmental site assessment thereof without the prior written approval of Seller, which approval shall not be unreasonably withheld. Buyer will provide at least two business days' telephonic notice to Seller before going on the Property. Buyer's physical inspection and other examinations of the Property shall be conducted during normal business hours. Seller warrants that except for Seller, no other person or entity has the right to occupy the Property, or any portion thereof, and that the Right of Entry does not require the consent of any party not a signatory thereto.

10. Warranties and Representations of Seller; Indemnity. Seller, where applicable, hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct in all material respects as of the effective date of this Agreement:
a. If Seller acquires additional knowledge regarding the matters that are the subject of the warranties or representations contained in this Section 10 that would cause any of such warranties or representations to be incorrect in any material respect prior to the Close of Escrow, Seller shall give prompt written notice thereof to Buyer. Within ten business days 5 following receipt of such notice, Buyer may elect, as Buyer's sole and exclusive remedy, to cancel this Agreement and receive a refund of the funds deposited in escrow by Buyer, except for any escrow cancellation charges.
b. As of the Close of Escrow, the warranties and representations contained in this Section 10 shall be true and correct in all material respects, subject to any matters disclosed in writing by Seller as provided in this Section and will survive the Close of Escrow for a period of 12 months, and any action for a breach of any representations or warranties must be filed within 12 months from the Close of Escrow.

C. As used in this Section 10, the term "Seller's Knowledge" means the actual knowledge of Seller as of the effective date, without the duty of inquiry or investigation and without being charged with record or constructive knowledge. d. Seller is the record fee owner of the Property and, to Seller's Knowledge, no other parry has a fee interest in the Property or any portion thereof. e. To Seller's Knowledge (i) as of the effective date, the Property has not been subject to the deposit, manufacture, storage, use, release, or disposal of any Hazardous Materials (as defined in Section 16 below), hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; and (ii) Seller has not received any written notice of any pending or threatened action or proceeding in which it is alleged that the condition of the Property violates environmental, health or safety statutes, ordinance or regulations.
f. To Seller's Knowledge, neither this Agreement nor anything provided to be done hereunder, including the transfer of the Subject Property Interests to Buyer, violates or will violate any contract, agreement, instrument, partnership agreement, trust agreement, or any other agreement to which Seller is a party, or which materially affects the Subject Property Interests, and the Seller's grant of the Subject Property Interests to Buyer pursuant to this Agreement does not require the consent of any party not a signatory hereto. g. To Seller's Knowledge, there is no pending, threatened or anticipated litigation, action or proceeding against Seller, or any other party before any court or administrative tribunal that involves the Subject Property Interests, or any portion thereof, which could prevent Seller from their performance of this Agreement or materially and adversely affect Buyer or the Subject Property Interests after the Close of Escrow. h. No additional consent is required in order for Seller to perform their obligations hereunder.
i. From the effective date until the Close of Escrow or earlier termination of this Agreement, Seller will not further encumber the Subject Property Interests or authorize the Subject Property Interests to be further encumbered without Buyer's written consent, which shall not be unreasonably withheld.
j. Seller is not a "foreign person" within the meaning of section 1445(f)(3) of the Internal Revenue Code.
n

k. To Seller's knowledge, there are no previously undisclosed leases, licenses, occupancy agreements, or other agreements or arrangements, oral or written, demising space in, providing for the use, possession, or occupancy of, or otherwise similarly affecting or relating to the Subject Property Interests, or any portion thereof, that would give any person or entity any right of possession to any portion of the Subject Property Interests and would remain in effect after the Close of Escrow. The right of Seller to occupy the Subject Property Interests area will terminate on the Close of Escrow. Buyer will allow Seller five (5) calendar days following the Close of Escrow to remove any and all personal property from the Subject Property Interests, any personal property remaining on the Subject Property Interests after the five (5) day period shall be deemed abandoned by Seller, and Seller herein waive and release Buyer from any and all further legal obligations concerning the appropriateness, handling and disposal of said abandoned personal property, with this waiver and release extending past the Close of Escrow.

1. Seller agrees to provide to any potential buyer or tenant of the Property written notice of this Agreement, Grant Deed and Right of Entry and Access Agreement -Due Diligence and Construction Activities.

11. Representations and Warranties of Buyer. Buyer hereby represents and warrants to Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow:
a. Buyer has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement.
b. Buyer has the power and authority to execute and deliver this Agreement and carry out its obligations hereunder and consummate the transaction contemplated herein.

C. Neither this Agreement nor anything to be provided to be done hereunder, including acquisition of the Subject Property Interests by Buyer, violates or shall violate, any contract, instrument, partnership agreement, trust agreement, or any other agreement to which Buyer is a party, and which affects the Subject Property Interests or any part thereof, and the purchase of the Subject Property Interests herein contemplated does not require the consent of any party not a signatory hereto.
d. There are no actions, suits, claims, assessments, or proceedings pending or threatened, that could materially adversely affect Buyer's ability to perform hereunder. e. Buyer shall make good faith efforts to commence construction of the Project and shall proceed with such work until completion in a prompt, diligent and workmanlike manner, however, Buyer's obligations concerning the aforementioned proposed Project is expressly conditioned upon and subject to any and all review, decisions and approvals that are within the discretion and purview of the City's governing body and the Yucaipa City Council. f. Buyer acknowledges that it is Buyer's responsibility to investigate and inspect all aspects of the Subject Property Interests and its fitness for Buyer's use, because Buyer is purchasing the Subject Property Interests in an "AS IS" and "WITH ALL FAULTS" physical 7 condition and state of repair, and without warranty by Seller except as expressly provided in Section 10. Buyer shall rely solely upon Buyer's investigation and inspection of the Subject Property Interests in deciding to proceed with the Close of Escrow and shall not rely on any information provided by Seller except Seller's representations and warranties under Section 10 of this Agreement. Buyer also acknowledges that the "AS IS" and "WITH ALL FAULTS" condition of the Subject Property Interests is fairly represented by the Purchase Price.

BUYER'S INITIALS
g. Effective as of and subject to the Close of Escrow, Buyer expressly releases and discharges Seller and all other related entities or persons, whether past or present (collectively, the "Released Parties"), and each of them, jointly and severally, from and against any and all claims, demands, controversies, causes of action, things in action, choses in action, rights, obligations, liabilities, costs, expenses, attorneys' fees and damages of whatsoever character, nature and kind, in law and in equity, past, present and future, known and unknown, suspected and unsuspected, contingent and vested (collectively, "Liabilities"), that relate to, or arise out of or with respect to the Subject Property Interests, including, without Iimitation, Liabilities 'related to or arising out of any and all of (i) the nature or condition of the Property, (ii) the condition of title to the Property, (iii) the Subject Property Interests' fitness for Buyer's intended use, (iv) the past, present or future existence of Hazardous Materials on, under or about the, and (v) violations of laws regulating or governing the use, handling, storage or disposal of Hazardous Materials; provided, however, that this release shall not release Seller or any of the other Released Parties from any Liabilities resulting from, or responsibility for acts or omissions of Seller or the other Released Parties constituting, gross negligence, intentional misconduct, or fraud or for a breach of Seller's representations and warranties specifically set forth in Section 10 of which Buyer was unaware at the time of the Close of Escrow. Buyer hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH

THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS

OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,

WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Buyer hereby waives the provisions of California Civil Code Section 1542, as well as under any other statute or common Iaw principle of similar affect, in connection with the matters which are the subject of the foregoing release. In this connection and to the fullest extent permitted by law, Buyer hereby agrees, represents and warrants that Buyer realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to Liabilities which are presently unknown, unanticipated and unsuspected, and Buyer further agrees, represents and warrants that the releases herein have been negotiated and agreed upon in light of that realization and that Buyer nevertheless hereby intends to release and discharge Seller and the other Released Parties from all such unknown Liabilities within the scope of the foregoing release. 8 BUYER'S INITIALS
This Section 11 shall survive the Close of Escrow and shall not be merged with the Grant Deed.

12. Buyer's Payment of Purchase Price.
a. The Buyer's payment to Seller of the Purchase Price is an all-inclusive transaction settlement and constitutes the full and complete consideration and payment for the Buyer's acquisition of the Subject Property Interests, including all improvements on the Subject Property Interests. The Purchase Price is also full and complete consideration for all claims arising in connection with out of Buyer's efforts to acquire the Subject Property Interests prior to the effective date.
b. Relocation Assistance and Benefits. Seller informed Buyer and acknowledges herein that the sale of the Subject Property Interests will not result in the displacement of any person, personal property, or business on the Property of which the Subject Property Interests are a part. Accordingly, Buyer will have no obligation to Seller, or any occupant of the Property, under any federal or state relocation laws or regulations, including, without Iimitation, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1070 (42 U.S.C. 4601 et seq.) ("Uniform Act"), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (section 7260 et seq.) ("California Relocation Law"), or the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations).

13. Legal Release and Waiver.
a. On the Close of Escrow, Seller fully releases Buyer, its elected and appointed councilmembers, officials, officers, boards, commissions, consultants, agents, employees, and attorneys (collectively, the "Buyer Releasees"), from all claims and causes of action by reason of any damage that has been sustained, or may be sustained, as a result of Buyer's efforts to acquire the Subject Property Interests by formal written offer or any preliminary steps thereto, and from any and all claims, demands, causes of action, obligations, liabilities or claims for further compensation for Buyer's purchase of the Subject Property Interests; provided, however, that this release shall not release Buyer or any of the other Buyer Releasees from any claims or causes of action resulting from, or responsibility for acts or omissions of Buyer or the other Buyer Releasees constituting, gross negligence, intentional misconduct, or fraud or for a breach of any of Buyer's obligations under this Agreement. b. Upon Close of Escrow pursuant to this Agreement, and except to the extent based upon a breach of this Agreement, Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder of the Property ("severance damages"); pre -condemnation damages; claims for inverse condemnation; damage to or loss of improvements pertaining to the realty (as so defined in Code of Civil Procedure Section 1263.205); damage to or loss of machinery, fixtures, inventory, equipment and personal property; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property, or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant 9 to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Seller pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs, it being understood that if Escrow closes, this shall be a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever by Seller (except for claims any breach of this Agreement) relating to or in connection with the acquisition of the Subject Property Interests by Buyer. This release shall survive the Close of Escrow.

C. Upon Close of Escrow pursuant to this Agreement, Seller specifically waives any and all rights that Seller may have under California Civil Code section 1542 or under any statute or common law or equitable principle of similar effect as these may relate to the releases described in Section 13(a) and 13(b) herein. California Civil Code section 1542 provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM

OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMEN WITH THE DEBTOR."
Seller's Initials:

Buyer's Initials:
d. This Section 13 will survive the Close of Escrow.

14. Contingencies.
a. Buyer Contingencies. For the benefit of Buyer, the Close of Escrow and the Buyer's obligation to consummate the purchase of the Subject Property Interests will be contingent upon and subject to the occurrence of all of the following (or Buyer's written waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow:
i. That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are true and correct in all material respects. ii. The delivery to Escrow Holder of all documents pursuant to Section 6.
iii. The delivery of the Right of Entry and Access Agreement -Due Diligence and Construction Activities to the Buyer, pursuant to Section 9. 10 iv. Title Company's commitment to issue in favor of Buyer the Policy with liability equal to the Purchase Price showing Buyer's interest in the Subject Property Interests, subject only to the Permitted Title Exceptions.

V. Buyer's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property that Buyer might perform prior to the Close of Escrow. b. Seller's Contingencies. For the benefit of Seller, the Close of Escrow and the Seller's obligation to consummate the sale of the Subject Property Interests will be contingent upon and subject to the occurrence of all of the following (or Seller's written waiver thereof, it being agreed that Seller can waive any or all such contingencies) on or before the Close of Escrow:
i. That as of the Close of Escrow the representations and warranties of Buyer contained in this Agreement are true and correct in all material respects. ii. The delivery to Escrow Holder of all documents and furids pursuant to Section 5.
iii. The delivery of the Right of Entry and Access Agreement -Due Diligence and Construction Activities to the Buyer, pursuant to Section 9.

15. Right of Termination. Notwithstanding anything to the contrary contained herein, and without limiting any other right of termination for the benefit of Buyer contained herein, the Buyer shall have the right, in the exercise of its sole and absolute discretion, and upon written notice to Seller and Escrow Holder, to terminate this Agreement: (a) at any time prior to the expiration of the Due Diligence Period for any reason or no reason whatsoever; and (b) at any time prior to the Close of Escrow upon the failure of any of the Buyer's contingencies described in Section 14 for reasons other than due to the acts or omissions of Buyer. Upon such termination, all documents and monies deposited with Escrow Holder, less any escrow cancellation charges, shall be immediately returned to the depositing party.

16. Certain Definitions.
a. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. section 9601 et seq.; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. section 136 et seq.; asbestos and asbestos -containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. section 2601 et seq.; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. section 1910.1200 et seq.; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. section 6901 et seq.; any substance defined as a 11 "hazardous substance" in California Civil Code section 2929.5(e)(2) or California Code of Civil Procedure section 736(f)(3); and any other substance or material regulated by any Environmental Laws.
b. The term "Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on, or prior to, the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. section 7401 et seq.; the Clean Water Act, 33 U.S.C. section 1251 et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C, section 136 etseq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. section 4321 et seq.; the Noise Control Act, 42 U.S.C. section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. section 6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. section 9601 et seq. as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. section 10101 et seq.; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof.

17. Evidence in Court Proccedin . The Parties agree that the Purchase Price or any inference of per square foot value of the Subject Property Interests based on said Purchase Price will not be admissible as evidence of the fair market value of the Subject Property Interests in any Iitigation or eminent domain proceeding between Buyer and Seller concerning the Subject Property Interests or any portion thereof.

18. Destruction/Condemnation. In the event that prior to the Close of Escrow, the Subject Property Interests or any portion of the Subject Property Interests is damaged by fire, earthquake, or other casualty, or are subject to a taking by a public entity, then Buyer shall have the right, by giving notice to Seller within 15 calendar days after receiving written notice of such damage or taking, to either:
a. Terminate this Agreement, in which case neither Seller nor Buyer shall have any further rights or obligations hereunder, except that (i) Buyer shall be responsible for Escrow Holder's escrow cancellation fees and charges relating to the Policy and (ii) the Purchase Price and escrow funds deposited into Escrow by Buyer shall be refunded to Buyer less any such escrow cancellation fees or charges relating to the Policy; or b. Accept the Subject Property Interests in its then condition and proceed with the Close of Escrow, and to receive an assignment of all of Seller's rights to any proceeds of insurance or condemnation awards payable by reason of such damage or taking, if any. If Buyer elects to proceed under this clause, there shall be no adjustment in the Purchase Price and Seller shall not compromise, settle, or adjust any claims to such insurance or condemnation proceeds or awards. Seller agrees to give Buyer prompt written notice of any 12 damage to or taking of the Subject Property Interests promptly after Seller receives notice of same.

19. Notices. All notices and demands hereunder 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. A copy of all notices will be sent to Escrow Holder. The Parties will address such notices as provided below or as may be amended by written notice:

BUYER: City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, California 92399-9950
Attention: Dr. Sean M. Moore, City Manager
COPY TO: Cole Huber LLC
2855 E. Guasti Road, Suite 402
Ontario, California 91761
Attention: Steven G. Pacifico, City Attorney
SELLER: Waikoon Chareonraj
34510 Avenue E
Yucaipa, California 92399
ESCROW HOLDER: Stewart Title of California
Escrow Department,
1200 California St #120
Redlands, CA 92373
Attention: Joyce Strohm, Escrow Officer

20. Further Documents. Seller and Buyer each will, wherever and as often as it shall be requested by the other party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, including further escrow instructions, as may reasonably be necessary in order to complete the sale, conveyance, and transfer herein provided and to do any and all other acts and to execute, acknowledge, and deliver any and all documents as may be requested in order to carry out the intent and purpose of this Agreement.

21. Broker's Commissions.
a. Buyer represents and warrants to the Seller that Buyer has not contracted for any brokerage commissions or finder's fees arising out of the transactions contemplated by this Agreement. Buyer shall indemnify and hold Seller harmless from and against any and all liabilities, claims, demands, damages, costs and expenses, including, without limitation, reasonable attorneys' fees and court costs, in connection with claims for any such commissions, 13 finders' fees or brokerage fees arising out of Buyer's conduct or the inaccuracy of the foregoing representation and/or warranty of Buyer.
b. Seller represents and warrants to the Buyer that Seller has not contracted for any brokerage commissions or finder's fees arising out of the transactions contemplated by this Agreement. Seller shall indemnify and hold Buyer harmless from and against any and all liabilities, claims, demands, damages, costs and expenses, including, without limitation, reasonable attorneys' fees and court costs, in connection with claims for any such commissions, finders' fees or brokerage fees arising out of Seller's conduct or the inaccuracy of the foregoing representation and warranty of Seller.

22. MisceIlaneous.
a. Amendments. Any amendments to this Agreement will be effective only when duly executed by both Buyer and Seller and deposited with Escrow Holder.

F
b. Applicable Law. This Agreement will be construed and interpreted under and governed and enforced according to the laws of the State of California.

C. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Buyer and Seller, on the subject matter of this Agreement.

No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, will be of any effect unless it is in writing and executed by the party to be bound thereby. Seller and Buyer acknowledge by execution of this Agreement hereof that no person is authorized to make, and that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no such agreement, statement, representation or promise that is not contained.herein will be valid or binding on Seller or Buyer.
d. No Assignment; Successors and Assigns. This Agreement may not be assigned by Buyer without the prior written consent of Seller, which consent may be withheld by Seller in its sole and absolute discretion. Any attempted assignment by Buyer in violation of this provision shall be null and void. Subject to the foregoing restriction on assignment, this Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties hereto.
e. Time of Essence. The Parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow Holder's general Escrow instructions.
f. Counterparts and Facsimile and Electronic Signatures. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile and electronic signatures will be deemed to be original signatures. g. Remedies Not Exclusive and Waivers. Except as expressly provided in this Agreement, no remedy conferred by any of the specific provisions of this Agreement is 14 intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. h. Interpretation and Construction. The Parties have reviewed this Agreement, and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement 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 captions of the sections and subsections of this Agreement 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 of this Agreement. i. Attorneys' Fees. In any action or proceeding between the parties hereto seeking the enforcement of any of the terms and provisions of this Agreement, the prevailing party in such action or proceeding (including, but not limited to, appellate and bankruptcy proceedings) shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses and reasonable attorneys' fees.
j. Severability. If any part, term or provision of this Agreement 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 be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid.
k. Recitals and Exhibits. The exhibits attached hereto and the above Recitals are incorporated in this Agreement by reference herein. 15 IN WITNESS WHEREOF, this Agreement is effective as of the day and year first written above.

SELLER
Dated: S - I �/ - ), U A
BUYER
CITY OF YUCAIPA, a municipal
corporation
Dated:

ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
Approved as to form:

COLE HUBER LLP
Steven G. Pacifico, City Attorney
— /4P4Tn= -
Waikoon Chareonraj
By:

Dr. Sean M. Moore, City Manager
16 EXHIBIT "A"

RIGHT-OF-WAY DEDICATION
A.P.N.0319-031-78-0000
THAT PORTION BLOCK 170. ACCORDING TO THE PLAT OF REVISED MAP OF YUCAIPA CITY, IN THE CITY OF YUCAIPA. COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

RECORDED IN BOOK 17. PAGES 91 THROUGH 93. INCLUSIVE. OF MAPS. RECORDS OF SAID COUNTY. SAID PORTION MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE CENTERLINE INTERSECTION OF AVENUE E (FORMERLY ARIZONA STREET) WITH THE CENTERLINE OF FOURTH STREET (FORMERLY FIRST AVENUE). PER SAID PLAT: THENCE ALONG THE CENTERLINE OF SAID FOURTH STREET NORTH 00°00'00" EAST 30.00 FEET: THENCE LEAVING SAID CENTERLINE OF FOURTH STREET NORTH 90'00'OO" EAST 30.)0 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-

WAY OF SAID FOURTH STREET, SAID EASTERLY RIGHT-OF-WAY BEING PARALLEL WITH AND DISTANT 30.00 FEET EASTERLY OF SAID CENTERLINE OF FOURTH STREET. SAID

POINT OF INTERSECTION ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID AVENUE E. SAID NORTHERLY RIGHT-OF-WAY BEING PARALLEL WITH AND DISTANT

30.00 FEET NORTHERLY OF STUD CENTERLINE OF AVENUE E. SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING: THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY OF AVENUE E NORTH 90°00'00" EAST 114.00 FEET, THENCE LEAVING THE NORTHERLY RIGHT-OF-WAY OF SAID AVENUE E. NORTH 0°00'00" WEST 4.96 FEET: THENCE NORTH 84"10'55" WEST 32.30 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE: NORI HEASTERLY, HAVING A RADIUS OF 148.33 FEET; THENCE 73.31

FEET NORTHWESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 28°18'55" TO THE BEGINNING OF A NON -TANGENT COMPOUND CURVE, A RADIAL LINE PASSING THROUGH THE END OF SAID TANGENT CURVE BEARS SOUTH 34608'00" EAST, CONCAVE NORTHEASTERLY. HAVING A RADIUS OF 48.33 FEET. A RADIAL BEARING THROUGH SAID BEGINNING OF A COMPOUND CURVE BEARS SOUTH 35°29'09" EAST, THENCE 20.42 FEET NORTHWESTERLY ALONG SAID NON -TANGENT COMPOUND CURVE THROUGH A CENTRAL. ANGLE OF 24°12'09" TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY OF SAID FOURTH STREET: THENCE SOUTH 0°00'00" EAST 47.98

FEET ALONG THE EASTERLY RIGHT-OF-WAY OF SAID FOURTH STREET TO THE TRUE POINT OF BEGINNING.

THE ABOVE DESCRIBED PARCEL CONTAINS 1,939 SQUARE FEET.

THE BEARINGS FOR THIS DESCRIPTION ARE BASED UPON THE CENTERLINE OF AVENUE E. AS SHOWN ON THE PLAT OF SAID REVISED MAP 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. �1SC._
¢pX RALPH M.

Q DOMINGUEZ
RALPH MDomINGULT. P.L.S. N 5425
9-30-1 S
�a
17 11:05l.11lll:1IMI M:y�
30'
I
I A.P.N. 0319-371-60-0000
BLOCK 170 1;. = 40'
PORTION OF BLOCK 170 REVISED

MAP OF Y-UCAIPA CITY
F
I.B. 17, PAGES 91-93, INCL[;SIVE,
O
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OF MAPS
o
A.P.N. 0319-031-78-(X)OO
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AVENUE E

CURVED LTA ANGLE RADIUS ARC LENGTH TANGENT
Cl 24'12 09 48.33 20.42 10.36
C2 28' 18 55 148.33 73.31 37.42
TITLE: RIGHT-OF-WAY DEDICATION
A.P.N. 0319-031-78-0000
r+'D

SURVEYING
7881 PERALTA RD., RANCHO CUCAMONGA CA 91730
DATE OF PREPARATION: 04-04-2017
®INDICATES AREA OF
Ri GHT-OF-WAY DEDICATION
1,939 S.F. (0.4 ACRES)
18 RECORDING REQUESTED BY

AND WHEN RECORDED
RETURN TO:

City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, California 92399
Attention: City Clerk
[SPACE ABOVE FOR RECORDER'S USE ONLY]
APN [X] Portion of 0319-031-78-0000
Transfer Tax: $0.00
This transfer is for the benefit of the City of Yucaipa and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev. & Tax. Code § 11922).

GRANT OF PERMANENT EASEMENT
WHEREAS, Waikoon Chareonraj (referred to as "Grantor" below) is the record fee owner of the real property located at 34510 Avenue E, Yucaipa, California 92399, and identified as San Bernardino County Tax Assessor's Parcel Number 0319-031-78 ("Grantor's Property"); and
WHEREAS, Grantor desires to grant to the City of Yucaipa, a municipal corporation, located in the County of San Bernardino, State of California (referred to as "Grantee" below) and Grantee desires to acquire from Grantor an approximate 1,939 square foot permanent easement on Grantor's Property for public street purposes, and all uses necessary or convenient thereto.

NOW THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee the approximate 1,939 square foot permanent easement on Grantor's Property for public street purposes, and all uses necessary or convenient thereto, including, but not limited to street, sewer, drainage, and utilities. The approximate 1,939 square foot permanent easement is described more particularly on Exhibit "A" and depicted on Exhibit "B", which are attached hereto and incorporated herein by this reference. 111
20 IN WITNESS WHEREOF, the undersigned have executed this Grant of Permanent Easement as of the date set forth below.

GRANTOR
C)
Dated:
1 9By:

Waikoon Chareonraj
21 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
r
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 CalifS,-
County of c
On Z,�f before me, /, a Ile -
Date Here Insert Name and Tifle of the OfficW
personally appeared ��! r1D - rviQ✓�' YI a�
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person( whose name(s s/ar subscribed to the within instrument and acknowledged to me that hels*t1h6 executed the same in hislh r/th#ir authorized capacity(io), and that by his/0/*ir signature(O on the instrument the person($, or the entity upon behalf of which the person( acted, executed the instrument. I *'y
AAA V. SAUSEDA
Notary Public • Ca11oSan Bernardino Caunty
Commission A 2444205
Comm. Expires Jul 11. 2026
Place Notary Seal and/or Stomp Above
certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand a d eal.

Signature
noture f tary Public
e�nwr�.r w r
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:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:

Signer is Representing:

C2018 National Notary Association
Number of Pages:

Signer's Name:
❑ Corporate Officer - Title(s):
❑ Partner - C1 Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:

Signer is Representing:

CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
notary public or alter officer Completing this ce: tsfica!e : enfies oray the identity of the indiciduai who signed e d3c ument to which this cer''affcate is attached, and net the truthtiLness. accarac of candi ), of that (STATE OF CALIFORNIA
IC0L?r7` OF
before nw. .
date
appeared
(here xsen rare am: title of the off ce;:
otar
who proved to me on the basis of satisfactory evidence to be the jvrsoWs) ,-vhose nanw(.s ) is."are scab :crit+ed to the i,Ztivn wztrument and acknowledged to me that he?shE they executed the sane in lusiherl their authorized caparitt•(ies I, and that bv. lw; her: their signahue(s) on the instrument the person(s), or the entity upon behalf of which the person(si acted; executed the instnument.

I certify- Calder PENALT` OF PERTURY under the laws of the State of California that the foregoing paragraph is true and correct.
�M\, 'ESS my h uid .nod official se rl_
Signature.. (Seal)
OPI1Q`.AL
Descriptien of Attached Dccument
Title or Type of Document
Date: odor:
tivmNr of pages

EXHIBIT "A"

RIGHT-OF-WAY DEDICATION
A.P.N.0319-031-7&0000
THAT PORTION BLOCK 170. ACCORDING TO THE PLAT OF REVISED MAP OF YUCAIPA CITY, IN THE CITY OF YUCAIPA. COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

RECORDED IN BOOK 17, PAGES 91 THROUGH 93. INCLUSIVE. OF MAPS. RECORDS OF SAID COUNTY. SAID PORTION MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE CENTERLINE INTERSECTION OF AVENUE E (FORMERLY ARIZONA

STREET) WITH THE CENTERLINE OF FOURTH STREET (FORMERLY FIRST AVENUE), PER SAID PLAT; THENCE ALONG THE CENTERLINE OF SAID FOURTH STREET NORTH 00°00'00" EAST 30,00 FEET: THENCE LEAVING SAID CENTERLINE OF FOURTH STREET NORTH 90000'00- EAS7' 30.00 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-

WAY OF SAID FOURTH STREET, SAID EASTERLY RIGHT-OF-WAY BEING PARALLEL WITH AND DISTANT 30.00 FEET EASTERLY OF SAID CENTERLINE OF FOURTH STREET, SAID

POINT OF INTERSECTION ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY OF

SAID AVENUE E, SAID NORTHERLY RIGHT-OF-WAY BEING PARALLEL WITH AND DISTANT

30.00 FEET NORTHERLY OF SAID CENTERLINE OF AVENUE E, SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY OF AVENUE E NORTH 90000'00" EAST 114.00 FEET: THENCE LEAVING THE NORTHERLY RIGHT-OF-WAY OF SAID AVENUE E, NORTH 0900'00" WEST 4.96 FEET: THENCE NORTH 84110'55" WEST 32.30 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 148.33 FEET; THENCE 73.31

FEET NORTHWESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 28°18'55" TO THE BEGINNING OF A NON -TANGENT COMPOUND CURVE, A RADIAL LINE PASSING THROUGH THE END OF SAID TANGENT CURVE BEARS SOUTH 34°08'00" EAST.

CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 48.33 FEET. A RADIAL BEARING THROUGH SAID BEGINNING OF A COMPOUND CURVE BEARS SOUTH 35°29'09" EAST.

THENCE 20.42 FEET NORTHWESTERLY ALONG SAID NON -TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 24°12'09" TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT -OF -WRY OF SAID FOURTH STREET; THENCE SOUTH 0'00'00" EAST 47.98

FEET ALONG THE EASTERLY RIGHT-OF-WAY OF SAID FOURTH STREET TO THE TRUE POINT OF BEGINNING.

THE ABOVE DESCRIBED PARCEL CONTAINS 1,939 SQUARE FEET.

THE BEARINGS FOR THIS DESCRIPTION ARE BASED UPON THE CENTERLINE OF AVENUE E. AS SHOWN ON THE PLAT OF SAID REVISED MAP 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. /
RALPH M. �,t1
DOMINGUEZ 0
RALPH NfboMINGUM P.L.S. % No. 5425
Na.sso1F =.Q
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N90.00'00'E

30.00'
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30,00'
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30'
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11 *\ILIIIII:y IMl , I:>
BLOCK 170
A.P.N. 0319- 371- 60-0000 1
PORTION OF BLOCK 170 REVISED

MAP OF YUCAIPA CITY
1"=40-
M.B. 17, PAGES 91-93. INCLUSIVE.

Q

OF MAPS
A.P.N. 0319-031-78AXAM
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32.30'
N90'00'00"E 114.00
'T.P.O.B.

AVENUE E
TITLE: RIGHT-OF-WAY DEDICATION
A.P.N. 0319-031-78-0000
N JO'00'00"W
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ICURVEIDELTA
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I ARC LENGTH

TANGENT
Cl
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73.31 37.42
R# D

SURVEYING
7861 PERALTA RD., RANCHO CUCAMONGA CA 91730
DATE OF PREPARATION: 04-04-2017
®INDICATES AREA OF

RIGHT-OF-WAY DEDICATION
1,939 S.F. (0.4 ACRES)

City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399

CERTIFICATE OF ACCEPTANCE
(California Government Code § 27281)
(APN 0319-031-78)
This is to certify that the Grant of Permanent Easement over a portion of the real property commonly known as 34510 Avenue E, Yucaipa, California 92399, and identified as San Bernardino County Tax Assessor's Parcel Number 0319-031-78 granted by Waikoon Chareonraj to the City of Yucaipa is hereby accepted by the undersigned officer on behalf of the City of Yucaipa under the authority of the City Council of the City of Yucaipa, and the City of Yucaipa consents to the recordation thereof by its duly authorized officer.

Dated:

ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
Approved as to form:

COLE HUBER LLP
Steven G. Pacifico, City Attorney
CITY OF YUCAIPA, a municipal
corporation
LIM
Dr. Sean M. Moore, City Manager

Exhibit "D"
Right of Entry and Access Agreement - Due Diligence and Construction Activities

RIGHT OF ENTRY AND ACCESS AGREEMENT - DUE DILLIGENCE AND

CONSTRUCTION OF SITE IMPROVEMENTS AND PROJECT -

RELATED IMPROVEMENTS IN CONNECTION WITH AVENUE E

INTERSECTIONS PROJECT
(APN 0319-031-78)

THIS RIGHT OF ENTRY AND ACCESS AGREEMENT FOR DUE DILIGENCE AND

CONSTRUCTION OF SITE IMPROVEMENTS AND PROJECT -RELATED

IMPROVEMENTS IN CONNECTION WITH AVENUE E INTERSECTIONS PROJECT (APN 0319-031-78) ("Right of Entry") is made and entered into between Waikoon Chareonraj ("Grantor") 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. Grantor is the record fee owner of that certain real property commonly known as 3451.0 Avenue E, in the City of Yucaipa, California, and identified as San Bernardino County Tax Assessor's Parcel Number 0319-031-78 ("Property").

B. Grantor and Grantee contemplate entering into a Purchase and Sale Agreement, Settlement Agreement and Joint Escrow Instructions related to the Property (the "Agreement").

Pursuant to the Agreement, the City seeks to acquire an approximate 1,939 square foot permanent easement ("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 enter into the Agreement.

C. Grantor agrees to grant to Grantee and Grantee has agreed to accept from Grantor 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. Grantor and Grantee desire to execute and enter into this Right of Entry for the purpose of setting forth their agreement with respect to the 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, Grantor and Grantee do hereby covenant and agree as follows:

1. Incorporation of Recitals. The above Recitals are incorporated herein by this reference.

2. Access „and Construction Improvements by Grantee. Grantor hereby grants 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 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. The proposed construction activities, which are roughly depicted on Exhibit "C" hereto, include the City's removal of the existing driveway and construction of a concrete approach and driveway to match the new grade of the City's improvements to 4th Street for the construction of the Project; removal of approximately 88 linear feet of existing tubular steel fence from the existing right of way; installation of approximately 66 linear feet of new tubular steel fence behind the proposed right of way; and removal of 686 square feet of existing wood mulch and existing grass, one existing large tree and 3 existing shrubs in the area of the approximate 1,939 square feet that constitute the Subject Property Interests. The above activities are referred to collectively as the "Construction Activities". Grantors hereby agree and acknowledge that there may be a slight change to the grade and topography of the Remainder Parcel after the construction of the Project to provide an adequate transition from the street improvements to the driveway approach on the Property. Exhibit "C" is attached hereto and incorporated herein by this reference. b. Grantor agrees and acknowledges 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 Grantor other than as specified in this Section 2. Grantee's Designee will install temporary fencing with screen along remainder parcel during the course of construction. 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 workday.

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. Temporary fencing shall be removed at the completion of construction activities.

4. Hours of Construction Activities. Grantee's Designees will perform the Construction Activities during regular business hours (7:00 a.m. to 5:00 p.m.) on Monday through Friday and 8:00 a.m, to 5:00 p.m. on Saturdays. Grantee's Designees will not perform any construction work on Sundays or federal holidays.

5. Grantor reserves 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 construction of the Construction Activities discussed above in Section 2 require such changes to the original conditions. Grantor agrees and acknowledges 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 require permanent changes to the original conditions. b. Grantor does 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 driveway(s) 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 construction 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 Iien, and Grantee, upon demand, will reimburse Grantor 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 Grantor 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 or lien claims made against Grantor 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 will 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 the Construction Activities with a single Iimit of liability (per occurrence and aggregate) of not less than $1,000,000.00 and, upon Grantor's written request, to deliver to Grantor a certificate of insurance and copy of additional insured endorsement naming Grantor as named additional insured, evidencing that such insurance is in force and effect, and evidencing that Grantor has been named as an additional insured thereunder with respect to the Construction Activities. Such insurance will 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 Grantor 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 Grantor 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, Grantor 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:

GRANTEE: City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, California 92399-9950
Attention: Dr. Sean M. Moore, City Manager
COPY TO: Cole Huber LLP
2855 E. Guasti Road, Suite 402
Ontario, California 91761
Attention: Steven G. Pacifico, City
Attorney

r
GRANTOR: Waikoon Chareonraj
34510 Avenue E
Yucaipa, California 92399

13. Miscellaneous.
a. Authority to Bind Parties and Execute Right of Entry. Grantor 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 party and to bind it. b. Governing Law. 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/Severahility. 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 each 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 party 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 of 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 party, 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 be construed and enforced as if this Right of Entry did not contain the particular part, term or provision held to be invalid.
[SIGNATURES ON NEXT PAGE]

IN WITNESS WHEREOF, Grantor and Grantee have executed this Right of Entry as of the date set forth below.

GRANTOR
Dated: ✓ _ ! By:

Waikoon Chareonraj

GRANTEE
CITY OF YUCAIPA, a municipal
corporation
Dated:
ma
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
Approved as to form:

COLE HUBER LLC
Steven G. Pacifico, City Attorney
Dr. Sean M. Moore, City Manager

EXHIBIT "A"

RIGHT-OF-WAY DEDICATION
A.P.N. 03I9-031-78-0000
THAT PORTION BLOCK 170. ACCORDING TO THE PLAT OF REVISED MAP OF YUCAIPA CITY, IN THE CITY OF YUCAIPA. COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA.

RECORDED IN BOOK 17. PAGES 91 THROUGH 93. INCLUSIVE. OF MAPS, RECORDS OF SAID COUNTY. SAID PORTION MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE CENTERLINE INTERSECTION OF AVENUE E (FORMERLY ARIZONA STREET) WITH THE CENTERLINE OF FOURTH STREET (FORMERLY FIRST AVENUE). PER SAID PLAT; THENCE ALONG THE CENTERLINE OF SAID FOURTH STREET NORTH 00°00'00" EAST 30.00 FEET: THENCE LEAVING SAID CENTERLINE OF FOURTH STREET NORTH 90000'00" EAST 30.00 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-

WAY OF SAID FOURTH STREET, SAID EASTERLY RIGHT-OF-WAY BEING PARALLEL WITH AND DISTANT 30.00 FEET EASTERLY OF SAID CENTERLINE OF FOURTH STREET. SAID

POINT OF INTERSECTION ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-A'AY OF SAID AVENUE E. SAID NORTHERLY RIGHT-OF-WAY BEING PARALLEL WITH AND DISTANT

30.00 FEET NORTHERLY OF SAID CENTERLINE OF AVENUE E. SAID POINT OF

INTERSECTION BEING THE TRUE POINT OF BEGINNING, THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY OF AVENUE E NORTH 90°00'00" EAST 114.00 FEET: THENCE LEAVING THE NORTHERLY RIGHT-OF-WAY OF SAID AVENUE E. NORTH 0000'00" WEST 4.96 FEET: THENCE NORTH 84110'55" WEST 32.30 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 148.33 FEET: THENCE 73.31

FEET NORTHWESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 28°18'55'' TO THE BEGINNING OF A NON -TANGENT COMPOUND CURVE. A RADIAL LINE PASSING THROUGH THE END OF SAID TANGENT CURVE BEARS SOUTH 34008'00" EAST, CONCAVE NORTHEASTERLY. HAVING A RADIUS OF 48.33 FEET. A RADIAL BEARING THROUGH SAID BEGINNING OF A COMPOUND CURVE BEARS SOUTH 35029'09" EAST.

THENCE 20.42 FEET NORTHWESTERLY ALONG SAID NON -TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 240'12'09" TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY OF SAID FOURTH STREET: THENCE SOUTH 0°00'00" EAST 47.98

FEET ALONG THE EASTERLY RIGHT-OF-WAY OF SAID FOURTH STREET TO THE TRUE POINT OF BEGINNING.

THE ABOVE DESCRIBED PARCEL CONTAINS 1,939 SQUARE FEET.

THE BEARINGS FOR THIS DESCRIPTION ARE BASED UPON THE CENTERLINE OF AVENUE E. AS SHOWN ON THE PLAT OF SAID REVISED MAP OF YUCAIPA CITY. HAVING A BEARING OF EAST.

EXHIBIT "B" IS ATTACHED HERETO AND IS MADE A PART HEREOF.

ONPl- LA
THIS DESCRIPTION WAS PREPARED BY CIE.
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PORTION'OF BLOCK 170 REVISED

MAP OF YUCAIPA CTTY
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M.B. 17. PAGES 91-93, INCLUSIVE.
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SURVEYING
7861 P£RALTA RD., RANCHO CUCAMONGA CA 91730
DATE OF PREPARATION: 04-04-2017
®INDICATES AREA OF

RIGHT-OF-WAY DEDICATION
1,939 S.F. (0.4 ACRES)

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Prepared By
C 1Y OF YUCAIPA ENGINEERING
pole JANJARY 2027

SITE PLAN
AVENUE E & 4TH STREET
APN 319-031-78
5M6
Drawing No.
10788