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13_0269649r, . After Recording, Mail To: City of Banning City Clerk P. O. Box 998 Banning, CA 92220 GRANTOR ORIGINAL DOC # 2013-0269649 06/06/2013 08:58A Fee:NC Page 1 of 10 Recorded in official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 1 1111111111 illi IN 011111111111111 1111111111 (Space Above EASEMENT (DEED o corder's Usejr;'j C older No. 2797-47 508 THIS Easement Deed is made this t 0:!� day , 2013, between UNION PACIFIC RAILROAD COMPANY, a D ware corpor Grantor"), and the CITY OF BANNING, a California municipal corpora ' "Grantee"), whose address is 99 East Ramsey Street, Banning, California 92220. Grantor for and in considerationth su \ o HREE HUNDRED TWENTY-ONE THOUSAND DOLLARS ($32 receipt whereof is hereby confes an easement for street and high, Riverside County, California, d for the purpose of const cting public road crossing se Grantor's Yuma Su d' isi� r�v ble consideration, to it paid by Grantee, the d, grants to Grantee, its successors and assigns, ong and over the property located in Banning, A, attached hereto and hereby made a part hereof, repairing and reconstructing a grade separated is Mile Post 566.20, (DOT No. 440-707T), on The Eas ed f6r he purpose described above only. Without limitation of the foregoing, this gr t es n i ude the right to install utilities of any nature, including, without limitation, fiber op ic, a e tele ision, electrical, gas or liquid distribution, or telephone lines. v Gr #scssors and assigns, reserves the right to construct at any and all times and to maintain rai nd appurtenances, fiber optic or signal lines and facilities, pipe, telephone, d ele lines, over, under and across the Easement Area, but in such a way as to t i t e's use of the Easement; it being understood that the rights so reserved by Gr its s ssors and assigns, are retained along with the general right of Grantor, its �occ o and assigns, to use of the Easement Area for any purpose not inconsistent with Grantee's th ement, including, but not limited to any and all general railroad purposes. 2797-47 City of Banning, CA Page 1 of 2 April 9, 2013 Sunset Avenue Underpass ====W====1 L f1% Zftl mm (Space Above EASEMENT (DEED o corder's Usejr;'j C older No. 2797-47 508 THIS Easement Deed is made this t 0:!� day , 2013, between UNION PACIFIC RAILROAD COMPANY, a D ware corpor Grantor"), and the CITY OF BANNING, a California municipal corpora ' "Grantee"), whose address is 99 East Ramsey Street, Banning, California 92220. Grantor for and in considerationth su \ o HREE HUNDRED TWENTY-ONE THOUSAND DOLLARS ($32 receipt whereof is hereby confes an easement for street and high, Riverside County, California, d for the purpose of const cting public road crossing se Grantor's Yuma Su d' isi� r�v ble consideration, to it paid by Grantee, the d, grants to Grantee, its successors and assigns, ong and over the property located in Banning, A, attached hereto and hereby made a part hereof, repairing and reconstructing a grade separated is Mile Post 566.20, (DOT No. 440-707T), on The Eas ed f6r he purpose described above only. Without limitation of the foregoing, this gr t es n i ude the right to install utilities of any nature, including, without limitation, fiber op ic, a e tele ision, electrical, gas or liquid distribution, or telephone lines. v Gr #scssors and assigns, reserves the right to construct at any and all times and to maintain rai nd appurtenances, fiber optic or signal lines and facilities, pipe, telephone, d ele lines, over, under and across the Easement Area, but in such a way as to t i t e's use of the Easement; it being understood that the rights so reserved by Gr its s ssors and assigns, are retained along with the general right of Grantor, its �occ o and assigns, to use of the Easement Area for any purpose not inconsistent with Grantee's th ement, including, but not limited to any and all general railroad purposes. 2797-47 City of Banning, CA Page 1 of 2 April 9, 2013 Sunset Avenue Underpass The Easement is granted subject to the terms and conditions contained in the separate Construction and Maintenance Agreement dated April 5, 2013 as signed by Grantee and the Grantor, and all outstanding leases, licenses and other outstanding rights, including, without limitation, those for pipe, telephone, electric and fiber optic lines and the right of renewals and extensions of the same, and subject also to all conditions, limitations, restrictions, encumbrances, res ations or interests of any person that may affect the Easement Area, whether recorded or unreco 4. The Easement is also limited to such rights as Grantor may have in the Ease d is granted without warranty, express or implied. No damages shall be reco om or because of any dispossession of Grantee or because of failure of, or defec� Gran r title. If Grantee, its successors or assigns, abandons the Easemen o7ionthereof, ion of the Easement Area, for the purposes of the Easement, the Easement ' cinate with respect to the portion of Easement Area so abandoned, and the ti 1 to therea will be freed from the burden of the Easement. Nonuse of the E en AT for the purposes of the Easement for the period of one { 1) y will be de abandonment of the Easement Area or portion thereof not used. Grantor and Grantee have caused this Easeme dto xecuted as of the date first herein written. ATTEST: ACIFIC RAILROAD COMPANY Federal TAX ID No. 94-6001323) 0 V ' BE1J R Y L KUBA Q><s�tst�lnt,.S�cxeta •e �� f off•• • ' 2797-47 City of Banning, CA Sunset Avenue Underpass DANIEL A. LEIS General Director Real Estate CITY OF BANNING , rpmo ap, I 1 Printed Narne: AoiozewJ 'T T—I.V—NT -4— Title: l`rY z— MIYIIIIINYIIIINIIIIIII O6a�'�- Page 2 of 2 April 9, 2013 ACKNOWLEDGMENT STATE OF NEBRASKA ) ss.- COUNTY s:COUNTY OF DOUGLAS ) On this day of r; , 20 l3 ,before me, Paul well, a tary Ric in and for said County and State, personally appeared Daniel A. Leis v at who are the General Director Real Estate and the Assistant Secretary, respec ly, o on c' c Railroad Company, a Delaware corporation, and who are persona wn o e (o oved to me on the basis of satisfactory evidence) to be the persons w Warnes a cribed to in the within instrument, and acknowledged to me that they execute a same in t e authorized capacities, and that by their signatures on the instrument the persons, or e behalf of which the persons acted, executed the instrument. WITNESS my hand and official seqh"_�� GENERAL NOTARY - State of NO PAUL. G. FARRELL 's MV Comm. Exp, Jan 9" (Affix Not \arm Seal Laxil G� Farrell Public fo and in said State My commission expires: January 29, 2014 1111YIIINM�I�IIIIIIRIIIIIRN 96/86/2613 198158A ACKNOWLEDGMENT STATE OFi l WCi� COUNTY OF Aj,1VJ �G` `�� ) ss: On this 10 day off �� ' , 20_L2_, before me, a N County and State, personally app _ ed d.tAj (Name of Individual Executing Agreement on Behoof khkCity who is the b, hi (Title ofIndividual ExecutiWgAgreem hn on Behalf e City of Banning) of the City of Banning, and all r ved to me on the basis of satisfactory evidence) to be the person whose name is o n the within instrument, and acknowledged to me ihaashe executed the a i> /lier a rized capacity, and that by /her signature on the instrument the person, or the 1 upon behalf of which the person acted, executed the instrument. WITNESS my hand and official s j STACY L. BAVOL 1 Commission # 1858514 -e� Notary Public - Caiiforn' %t1L orange County otary blit for and in said State My Comm. Expires Au 1 , 2013+ 0 My commission expires:?r T (Affix N�try,e4� (Alpiration Date) IN �a°:of 19 ate'= EXHIBIT "A" SUNSET AVENUE (GRADE $EPARATION) LEGAL DESCRIPTION 0529-OOBB BEING A PORTION OF THAT CERTAIN UNION PACIFIC RAILROAD RIGHT -0F -WAY, AS UNITED STATES ACT OF CONGRESS DATED MARCH 3, 1871, SHOWN AS PARCEL 4 ON STATE BOARD OF EQUALIZATION MAP NUMBER 872-33-1, IN THE CITY - CALIFORNIA, LYING WITHIN THE SOUTH EAST ONE-QUARTER OF SECTION 7, TOWN RANGE 1 EAST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF PARCEL 1 OF PARC FILE IN BOOK 166, PAGES 27 THROUGH 35, INCLUSIVE, OF PARCEL RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, BEING THE POIN WESTERLY RIGHT-OF-WAY LINE OF SUNSET AVENUE (VARIABLE GRANT DEED RECORDED AUGUST 3, 1982 AS INSTRUMENT NUM1 OF SAID RECORDER, AND THE SOUTHERLY LINE OF SAID UNIO WAY (200.00 FOOT FULL WIDTH), SAID POINT BEING ON C E A RADIUS OF 5,829.03 FEET AND AN INITIAL RADIAL B G F S 08 BED IN ZCEL 5 SII NG, OS OF THE ON OF THE ICRIBED BY RECORDS RIGHT -OF - LY, HAVING THENCE WESTERLY ALONG SAID SOUTHERLY LIN ND SAID VE THROUGH A CENTRAL ANGLE OF 00°10'52", AN ARC DISTANCE OF 18.43' F TO A POI N A LINE PARALLEL WITH AND DISTANT 68.22' FEET WESTERLY OF, AS MEASUR RIGH GLES TO THE EAST LINE OF SAID SECTION 7; THENCE N 00004'23' E ALONG SAID PARALLE , A DISTANCE OF 37.21' FEET; N 80°42'35" W, A DISTANCE OF 61.25' FEET ON A LINE PARALLEL WITH AND DISTANT 128.88' FEET WESTERLY OF, AS MEAS R ANGLES TO THE EAST LINE OF SAID SECTION 7; THENCE N 00004'23' E ALONG SAP A E IN DISTANCE OF 15.25' FEET; THENCE S 80042'35" E, A DIST . 'T TO A POINT ON A LINE PARALLEL WITH AND DISTANT 76.36' FEET WESTE , A SURED AT RIGHT ANGLES TO THE EAST LINE OF SAID SECTION 7; THENCE N 00°04'23' EL LINE, A DISTANCE OF 71.00' FEET; N 80°42'35" W. E 4 'FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 118.81' FEET S F, EASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID SECTION 7; THENCE N 00°04'2 G ID PARALLEL LINE, A DISTANCE OF 15.25' FEET; THENCE S 21 A TANCE OF 51.25' FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 2' FE ESTERLY OF, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID SECT 7: �E ALONG SAID PARALLEL LINE, A DISTANCE OF 63.80' FEET TO A POINT ON LINE OF SAID UNION PACIFIC RAILROAD RIGHT -OF --WAY SAID POINT BEING ON A C NORTHERLY, HAVING A RADIUS OF 5,629.03 FEET AND AN INITIAL RADIAL S 0901 T23" W; Page 1 of 3 I�WI��IW�In���IN�NWINYI��I .28135 of 10 m9 EXHIBIT "A" SUNSET AVENUE (GRADE SEPARATION) LEGAL DESCRIPTION (CONTINUED) 05294MB THENCE EASTERLY ALONG SAID NORTHERLY LINE AND SAID CURVE THROUGH A ANGLE OF 01013'01", AN ARC DISTANCE OF 119.58' FEET TO A POINT ON A LIN AND DISTANT 50.00' FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TOT I SAID SECTION 7; THENCE S 00044'23" W ALONG SAID PARALLEL LINE, A DISTANCE OF THENCE S 80042'35' E, A DISTANCE OF 47.50' FEET TO A POINT ON DISTANT 98.69' FEET EASTERLY OF, AS MEASURED AT RIGHT AN7 SECTION 7; (r THENCE S 00°04'23" W ALONG SAID PARALLEL LINE, A THENCE N 80°42'35" W, A DISTANCE OF 41.00' FEET 1 DISTANT 58.42' FEET EASTERLY OF, AS MEASURED A SECTION 7; THENCE S 00004'23"W ALONG SAID PARALLEL LINE, A THENCE S 84°42'35' E , A DISTANCE OF 49. DISTANT 106,28' FEET EASTERLY OF, AS N SAID SECTION 7; THENCE S 00004'23" W ALONG SAID F THENCE N 80042'36"W. A DISTA DISTANT 50.00' FEET EASTERLY OF,` SECTION 7; THENCE S 00"04'23'W THE SOUTHERLY LINE CURVE CONCAVE 4 BEARING OF S 0704 THENCE ANGLE OF POINT r� 'WITH AND NE OF SAID IE PARALLEL WITH AND THE EAST LINE OF SAID 1.00' FEET; 0 A POINT ON A LINE PARALLEL WITH AND I AT RIGHT ANGLES TO THE EAST LINE OF ANCE OF 15.25' FEET; ) A POINT ON A LINE PARALLEL WITH AND RIGHT ANGLES TO THE EAST LINE OF SAID LINE, A DISTANCE OF 36.39' FEET TO A POINT ON C RAILROAD RIGHT-OF-WAY SAID POINT BEING ON A RADIUS OF 5,629.03 FEET AND AN INITIAL RADIAL UTHERLY LINE AND SAID CURVE THROUGH A CENTRAL OF 101.08' FEET TO THE POINT OF BEGINNING. FEET, OR 0.647 ACRES, MORE OR LESS. Page 2 of 3 IN ..��sn,�(38 16 v. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.000106481 TO OBTAIN GROUND DISTANCE. REFERENCE IS HEREBY MADE TO RIVERSIDE COUNTY MAP NUMBER 9564, ON IN THE OFFICE OF THE COUNTY SURVEYOR OF RIVERSIDE COUNTY, CALIFORNIA. SEE ATTACHED EXHIBIT "B" APPROVED BY: u DATE: ".r`�._ f 5705 2813-0269649 &6/96/2,913 08 58A 11111111111 IN iiiiiii 1111111111111 Hill lill 1111 7 of io 1 4.0' D TO B. L 573 Ojzyj - C, 10' 10` EXHIBIT _ "B" ' \ r 0 29 03' SI�°1 II EE ]:4 _7. N'LY LIE U.P R R R//W m � I S 80n4z,3$ ' I 14' � E 1 _ 68.22' om ;� 1 ' n 'i f 1 j a o I J I z N.T.S. •' ° ' 0 ---� y 0'04',i3,, [ z vy ' E 15.25" FC r IAPN 537-090-073 d� ` f Q Wry 1 75' 5110 —�--� N 80-42'35"-76.3 43.00' I I o 1 _l w �- CL �*P.R.R. RAILROAA S 80°42'35" F 53.00• =.,FOR EASEMENT NOTES o N SEE SHEET 2 OF 2 in 10FOR CURVE DATA SEE z QoSlHEET 2 OF 2 APN 538-190-024 z 1 0 56.42 j 7°49'37" R 768.96' 1 385 p8'. i-1,� S 08°04 2 W (R) vj /28, s S0.�F . 0. 4 AC. 80 04' 3' c� n w N 80°42'35" W 41.00. 0 00091 MANERIING a . 1 68 I J o S 80°42'35" E 49.50' 11 I N o°04'2 7, I o 10042'35,,.22' W 61,25, S 0°pq 16. V e y 05.28 . __ 23 W 15.25' C_., CORi S 0°04'23' W 35.39` S `P,> q> r 80042'35„ �4 ,r W56. 50.00 ��` 00' �� F,q S'LY LINE U,P.R.R. R/W 0 ; 7°330 VARIES i L = 768.16; r 3'84 9 03 22 so' Z.� (R) INDICATES RADIAL BEARING ,S 08°5 `_8 1510 PARCEL 1 iWTAi111-FAW i ALL DIST BY MULT PCL No.: W No. EP BY:�2M TE: FE RY, 2013 SHUT 1 OF 2 IO DISTANCES., GROUND DISTANCES MAY BE OBTAINED STANCE BY A COMBINATION FACTOR OF 1.000106481 NTT OF RIVERSIDE_ TRANSPORTATION DEPARTMENT, IPROJECT'. SUNSET AVENUE [G.S.I BY: m DATE: �f — IIIIINAl11111�11�I�IIIIIRI-"'u�'=� CURVE DATA 0 R = 5,629.03' A= 1°13'01" L = 119.56' T = 59.78' O R = 5,829.03' A = 0059'36" L = 101.06' T = 59.74' O R = 5,829.03' d = 0910'52" L = 18.43' T = 9.22' EXHIBIT "B" QQA. RW DEDICATED AND REJECTED PER MB 7/21. DETERMINED PUBLIC RW BASED ON EXISTINGIMPROVEMENTS AND MAINTENANCE PURSUANT TO CA. CIVIL CODE 1009(3)(d) RW PER INST. 1132985, 2 RECD 8-3-1982 ZRW PER 84082-88 ON R.R. MAP 02-0 SAID DOCUMENT IS UN -RECORDED RW PER O.R. 506/223 4 RECD 1-i9T9 AL_�. 1 RW PER 118, FSE ALL DISTANCES S WN ARE G ID DISTANCES, GROUND DISTANCES MAY BE 08TA]I�EQ BY MULTIPLI T GR STANCE: BY A COMBINATION FACTOR OF 1.000106481 PCL No.: 'T'OUNTY OF RIVERSIDE TRANSPORTATION DEPARTMENT, SURVEY DIVISION 4V No. • -i�52� PROJECT: SUNSET AVENUE [G.S.] fra. 5705 THIS PLAT IS A14 AID IN LOCATING THE PARC�L(SI DESCRI-QD IN THE PRECEDING L!� Exp. 09-30-14 [DATE -* E BY: DOI�FENT. ALL. PRUMY CALLS ARE LOW--- THE WRITTEN. DESCRIPTION. >: RY, 2013 APPROVED BY: ©ATE:QF C ALF SHEET OF 2 2?-/i%� lillIM��IYINMI�IWYNW-:"a�"- When recorded Mail To: City Clerk City of Banning P. O. Box 998 Banning, CA 92220 NO RECORDING FEE PER SECTION 6103 OF THE GOVERNMENT CODE. TE OF This is to certify that the Grant of Easement, 4' ached toroin as Exhibits "A" and "B" — from Union Pacific Railroad Co any, a DeIa'Wav(--rporation, dated April 11, 2013, is hereby accepted by the CITY O ING pursuant to authority conferred by the City Council this 14th day of Ma 1 the grantee consent to recordation thereof by its duly authorized agent. Oo Dated: n CITY OF BANNING Marie A. Calderon, City Clerk 111111111 zo�1806�s�0IN 11111111111111111 113