04_0184645CERTIFICATE of ACCEPTANCE of EASEMENT
(GOVERNMENT CODE SECTION 27281)
THIS iS TO CERTIFY that the interest in real property
granted by the easement dated — 1 0 - s 7 - A 00 3
from ROMOLAND SCHOOL DISTRICT to the COUNTY OF
RIVERSIDE, is hereby accepted for the purpose of vesting title
in the County of Riverside on behalf of the public for drainage
purposes, and subject to improvements in accordance with
County standards, will be included into the County Maintained
Road System by the undersigned on behalf of the Board of
Supervisors pursuant to the authority contained in County
Ordinance No. 669. Grantee consents to recordation thereof
by its duly authorized officer.
Dated: Ucu% uS ZO0 � COUNTY OF RIVERSIDE
By:
George A. Johnson
Director of Transportation
THIS INSTRUMENT IS FOR R E T U R N T O
THE BENEFIT OF THE RIVERSIDE COUNTY
COUNTY OF RIVERSIDE AND SURVEYOR'S OFFICE.
ENTITLED TO BE RECORDED MAIL STOP #1080
WITHOUT FEE.(GOV. CODE
6103)
DOC N 2004- 018464S
03/17/2004 08:00A Fee:NC
Page 1 of 13
Recorded in Official Records
County of Riverside
Gary L. Orso
Assessor, County Clark & Recorder
111111111111 1 111111111 11 f 111 I 11111111111111
DRAINAGE EASEMENT
ROMOLAND SCHOOL DISTRICT
Grant(s) to the County of Riverside, a political subdivision, an easement for drainage purposes, over,
upon, across, and within the real property in the County of Riverside, State of California, described as
follows:
SEE LEGAL DESCRIPTION AND PLAT ATTACHED HERETO
AS EXHIBITS "A" AND "B" AND MADE A PART HEREOF
ROMOLAND SCHOOL DISTRICT
Date: 10 . Z7-0
Date:
I k L
Title:
ORIGINAL
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of be ss.
On akj% before me,
Date Name end TIIIe of r [s.g., 'JAS Coe, Notary Pulki
personall appeared ,
Narm(s) of Signar(s)
❑ personally known to me
44 proved to me on the basis of satisfactory
evidence
0 :MW life -C�ift
"ftm" �
RP
to be the person�K whose name(b is/aA
subscribed to the within instrument and
acknowledged to me that he /s)(e/t4dy executed
the same in his /196r /their authorized
capacity(igo, and that by h is/hd(r/thLAi r
signature(m) on the instrument the person(p), or
the entity upon behalf of which the person(g)
acted, executed the instrument.
S my hand and offic' I s
r
V re of Nelary P is
OPTIONAL
Though the information below is not required by taw, it may prove valuable to persons retying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Aftomey -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
01999 National Notary Assoctaton • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 913132402 • w .nal!Walnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-O - 875-8027
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EXHIBIT "A"
STORM DRAIN EASEMENT
Being a portion of Lot 65 of Romola Farms, as shown by map on file in Book 12, Page
71 of maps, Official Records of Riverside County, California, Section 11, T. 5 S.,
R. 3 W., more particularly described as follows:
The North 20 feet of the Grant Deed recorded November 23, 1964, as Book 1657, Page
581, Official Records of Riverside County, California;
Above described parcel contains 0.2977 acres, more or less.
All as shown on Exhibit "B" attached hereto and made a part of.
THIS DOCUMENT REVIEWED BY
RIVERSIDF rn' iriTY SU VEYM
BY:
DATE: , 7 - ao 3
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SHEEP 1 OF 1
EDY P. ADKISON, P.L.S. 5390
DATE: I ll ZklO 2
5706D(05.DWG
DATE: 11 /20021 CLIENT: ASHBY
STORM DRAIN EASEMENT
A PORTION OF LOT 65 OF
ROMOLA FARMS
COUNTY OF RIVERSIDE
LOT 64
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SHEEP 1 OF 1
EDY P. ADKISON, P.L.S. 5390
DATE: I ll ZklO 2
5706D(05.DWG
DATE: 11 /20021 CLIENT: ASHBY
STORM DRAIN EASEMENT
A PORTION OF LOT 65 OF
ROMOLA FARMS
COUNTY OF RIVERSIDE
Contract No. 4 q --4 / - 700 7
Riverside Co. Transportation
CONDITION TO DEDICATE EASEMENT FROM
ROMOLAND SCHOOL DISTRICT
TO COUNTY OF RIVERSIDE
THIS CONDITION is made and entered into this 27th day of _ OctQber ,
2003, by and between ROMOLAND SCHOOL DISTRICT, a public school district duly
organized and existing under Chapter 1 of Division 3 of Title 2 of the Education Code of the
State of California, and COUNTY OF RIVERSIDE, a political subdivision of the State of
California;
WHEREAS, County of Riverside ( "County ") has requested that Romoland School
District ( "School District ") dedicate an easement to County upon a portion of the School
District's Romoland Elementary School Site ( "Easement "). A legal description and a map
depicting the location of the Easement is attached hereto as Exhibit "A" and incorporated herein;
WHEREAS, Education Code Section 35160 (the "Permissive Education Code ")
m provides that school districts have the general authority to act in any manner which is not in
Q conflict or inconsistent with or preempted by any Iaw;
s�o
run
WHEREAS, the County desires to obtain the Easement for drainage improvements
which are to be performed by Fiesta Development in accordance with a separate agreement and
which the County shall be responsible for maintaining and repairing thereafter;
WHEREAS, the School District and community will benefit from the dedication of the
Easement which will allow improvement work to be performed on the easement resulting in the
District's access to an improved drainage system; and
WHEREAS, the work that the County shall perform pursuant to this agreement includes
the maintenance and repair of the subject drainage improvement ( "Work"); and
WHEREAS, in consideration of receiving the Easement and the School District's
agreement to hold harmless and indemnify the County from damages resulting from the outflow
from a 100 year flood rain storm, the County will agree to comply with the terms and conditions
of this Agreement.
NOW, THEREFORE, in consideration of the mutual agreement set forth herein, and for
other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as set forth below:
Section 1 . Dedication of Easement School District agrees to execute the Easement
upon County approval of the drainage improvement, which is to be performed by Fiesta
Development, and take any action necessary to dedicate the Easement to County. The Easement
shall be in the form attached hereto as Exhibit "B"
Section 2 . Consideration In consideration of the School District's dedication of the
Easement and agreement to hold harmless and indemnify County from damages resulting from
05075.0W"7718v1
the outflow of a 100 year flood, County agrees to the terms and conditions set forth in the
Agreement.
Section 3. Plans and Specifications for the Work County, or its agents, shall be
responsible, at its sole cost, for the preparation of plans and specifications for any work
associated with County's, or its agents', use of the Easement.
Section 4. [Reserved]
Section 5. County shall give School District forty -eight hour notice prior to
commencing any Work related to the easement unless that Work arises from an emergency or
exceptional situation such as when the publics health or safety is endangered or when repairs are
needed to make school facilities safe and habitable.
Section 6. Insurance
(1) Public Liability and Property Damage. County agrees to maintain in full force
and effect throughout its use of the Easement including without limitation, the duration of the
Work, a suitable policy or program of Comprehensive General Liability insurance, insuring
U , 0 against all bodily injury, property damage, personal injury, and other loss or liability caused by
4_ 0 or connected with County's use of the Easement. Such insurance shall be in amounts not less
m ° than $1,000,000 combined single limit per occurrence.
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CU (2) Automobile Liability County also agrees to maintain in full force and effect with
regard to any vehicles which County brings onto the Property a suitable policy or program of
Commercial General Liability Insurance Including Vehicle Liability Insurance with a combined
single limit of $1,000,000 per occurrence.
(3) Workers Compensation County shall also maintain, in full force and effect
throughout the duration of the easement, evidence of Workers Compensation insurance in
accordance with the laws of California, and employers' liability insurance.
MOE
(4) Notice All insurance required under this Agreement shall be primary and any
insurance carried by the School District is excess and non - contributory with such primary
insurance. All insurance shall contain an endorsement requiring thirty (30) days written notice
from the County to the School District before cancellation or change in coverage, scope or
amount of any policy.
Section 7. Indemnification County shall be responsible for, and School District shall
-- not be answerable or accountable in any manner for any loss or expense by reason of any
damage or injury to person or property, or both, arising out of the acts of County, its agents,
officers, employees, or invitees, or resulting from County's maintenance, repair and/or additional
construction related to the Easement or from any ca .use whatsoever arising out of or in
connection with the Easement including without limitation, mechanics liens, stop notices or any
claim that School District, County or County's consultants failed to comply with any applicable
law or regulation.
05075.00614477] 8vI
To the fullest extent permitted by law, County agrees to indemnify, defend and hold School
District entirely harmless from all liability arising out of:
(a) Any and all claims under workers compensation acts and other employee
benefit acts with respect to County's employees or County's consultant's
employees arising out of County's work under this Agreement; and
(b) Liability for damages for (1) death or bodily injury to person; (2) injury to,
loss or theft of property; (3) any failure or alleged failure to comply with any
provision of law or (4) any other loss, damage or expense arising under either (1),
(2), or (3) above, sustained by County or any person, firm or corporation
employed by County upon, or in connection with the Easement, except for liability
resulting from the sole or active negligence, or willful misconduct of the School
District, its officers, employees, agents or independent consultants who are
directly employed by the School District;
(c) Any loss, injury to or death or persons or damage to property caused by
any act, neglect, default or omission of County, or any person, firm or corporation
employed by County, either directly or by independent contract, including all
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damages due to loss or theft, sustained by any person, firm or corporation
including the School District, arising out of, or in any way connected with the
4 ,11 Easement, including injury or damage either on or off School District property;
but not for any loss, injury, death or damages caused by the sole or active
negligence, or willful misconduct of the School District.
Notwithstanding paragraphs (b) and (c) of this Section, School District agrees to defend,
indemnify and hold harmless the County of Riverside Transportation and Land Management
Agency, its Board of Supervisors, agents and employees, individually and collectively, from and
against all costs, Iosses, claims, actions, and judgments arising from personal injuries, property
damage or otherwise that may arise from the easement located on the Romoland Elementary
School Site, as a result of outflow from a 100 year rainstorm.
i
Section 8. Warranty County warrants to the School District that material and
equipment fumished pursuant to this Agreement will be of the highest quality and new, that the
Work will be free from defects not inherent in the quality required or permitted, and that the
Work will conform with the requirements of the PIans and Specifications.
Section 9. Conduct of Activity relating to the Work.
County agrees to the following with respect to County's conduct relating to the accessing
the Property.
(1) The supervision of any activity by County'on the Property is the responsibility of
County.
(2) Reasonable rules of conduct are expected of participants in any County activity on
the Property.
05075.006l447718v 1
(3) No alcoholic beverages or other controlled substances in any form shall be
brought onto the Property and any person under the influence of intoxicating liquors or other
controlled substances shall be denied participation in any County activity on the Property.
(4) Smoking will be prohibited on the Property at all times.
(5) Profane language, gambling, quarreling or fighting shall be prohibited on the
Property at all times.
(6) It is the intent of this Agreement that County's use of the Property will not
interfere with the regular conduct of any school activities and the parties shall in good faith
schedule Work in accordance with this provision.
(7) County will only access that portion of the Property which is necessary with
0 respect to the Easement.
o Section 10. Compliance With Law County shall comply with all laws, ordinances,
rules, and regulations applicable to the design or construction of the Work enacted or
K promulgated by any public or governmental authority or agency, having jurisdiction over the
Property or the Work, including without any limitation licensing requirements.
Section 11, Provisions Required by Law Each and every provision of law and clause
required to be inserted in this contract shall be deemed to be inserted herein, and this Agreement
shall be read and enforced as though it were included herein, and if through mistake or otherwise
any such provision is not inserted or is not inserted correctly, then upon application of either
party the contract shall forthwith be physically amended to make such insertion or correction.
Section 12. Attorneys' Fees If any legal action is necessary, the prevailing party shall
be entitled to reasonable attorneys' fees in addition to any other relief to which it may be entitled.
Section 13. Background Check. County and each of its agents shall comply with
requirements of state Iaw regarding pupil safety as set forth in Education Code Section 45125.2.
These requirements include the following:
s
(1) Continual supervision and monitoring of all employees of the County by an
employee of the County whom the Department of Justice has ascertained has not been convicted
of a violent or serious felony; or
(2) Ensuring the safety of pupils by the installation of a physical barrier at the
worksite to limit contact with pupils; or
(3) Surveillance of County employees by School District personnel.
Failure by County or its agents to comply with state law requirements pertaining to pupil
safety, including but not limited to, Education Code Section 45125.2 shall constitute cause for
immediate termination of this Agreement.
05075.006144771 Svi
Section 14. Notices Any notice, request, information or other document to be given
hereunder to any of the parties by any other parties shall be in writing and shall be deemed given
and served upon delivery, if delivered personally, or three (3) days after mailing if sent by
certified mail, postage prepaid, as follows:
Section 15 . Recitals The Recitals are incorporated into this Agreement as though
fully set forth herein.
IN WITNESS WHEREOF, the parties execute this Agreement as follows.
Dated: October 17 , 2003 ROMO ND SCHOOL DISTRICT
By:
Name: Rd nd 5kumawitz
Title: Superintendent
Dated: , 200+ CO F RIVERS
B y:
_ N e: OY W!
it t S t JA _
' N.
"FORM APPROVED
COUNTY COUNSEL.
1 I II
i
45075.OD6/447718v1
If to School District
If to County
Romoland School District
County of Riverside
25900 Leon Road
Transportation and Land Management
Homeland, CA 92548
Agency
Attn: Superintendent
4080 Lemon Street
Riverside, CA 92501
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Any party may change its address or persons to which notices are to be sent by giving
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written notice of such change to the other party in the manner provided for giving notice.
Section 15 . Recitals The Recitals are incorporated into this Agreement as though
fully set forth herein.
IN WITNESS WHEREOF, the parties execute this Agreement as follows.
Dated: October 17 , 2003 ROMO ND SCHOOL DISTRICT
By:
Name: Rd nd 5kumawitz
Title: Superintendent
Dated: , 200+ CO F RIVERS
B y:
_ N e: OY W!
it t S t JA _
' N.
"FORM APPROVED
COUNTY COUNSEL.
1 I II
i
45075.OD6/447718v1
EXBnIT "A"
STORM DRAIN EASEMENT
Being a portion of Lot 65 of Romola Farms, as shown by map on file in Book 12, Page
71 of maps, Official Records of Riverside County, California, Section 11, T. 5 S.,
R. 3 W., more particularly described as follows:
The North 20 feet of the Grant Deed recorded November 23, 1964, as Book 1657, Page
581, Official Records of Riverside County, California;
Above described parcel contains 0.2977 acres, more or less.
All as shown on Exhibit `B" attached hereto and made a part of.
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EXHIBIT "A"
PROPERTY AND MAP OF EASEMENT
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EDY P_ ADK1SON, P.L.S. 5390
DATE: 1 1 1Z(,10 2,
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CLIENT: ASHBY
STORM DRAIN EASEMENT
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EDY P_ ADK1SON, P.L.S. 5390
DATE: 1 1 1Z(,10 2,
5706EX05.DWG
CLIENT: ASHBY
STORM DRAIN EASEMENT
A PORTION OF LOT 65 OF
ROMOLA FARMS
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GARY L. ORSO Recorder
P.O. Box 751
COUNTY OF RIVERSIDE Riverside, CA 92502 -075
ASSESSOR- COUNTY CLERK - RECORDER ( 485 -7000
http:l /rivemide.asrclkrec.com
NOTARY CLARITY
Under the provisions of Government Code 27361.7, 1 certify under the penalty of perjury
that the notary seal on the document to which this statement is attached reads as
follows:
Name of Notary: to
Commission #: 1 t e I
U-3. m m
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Place of Execution: k�u --S
Date Commission Expires: L`1 /.,
Date: /��r,;- l- 4 1(� ZoC LF
Signature:
Print Name:
ACR 186P- AS4RE0 (Est. 0512003)
C-��Y - -- • a�� �= NON