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Home My Public Portal About06. Encroachment Agreement for Underground Utilities - Claremont Colleges/Claremont McKenna College Claremont City Council Agenda Report File #:4834 Item No:6. TO:ADAM PIRRIE, CITY MANAGER FROM:BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR DATE:SEPTEMBER 12, 2023 Reviewed by: City Manager:AP SUBJECT: ADOPTIONOFARESOLUTIONAPPROVINGANENCROACHMENTAGREEMENTWITHTHE CLAREMONTCOLLEGES/CLAREMONTMCKENNACOLLEGEFORUNDERGROUND ELECTRICALFACILITIESUNDERMILLSAVENUEANDSIXTHSTREET(FUNDINGSOURCE: GENERAL FUND) SUMMARY AspartofClaremontMcKenna College’s(CMC)newRobertDayIntegratedScienceCenterproject currentlyunderconstruction,CMCtogetherwithTheClaremontCollegesInc.(TCC)desirestoinstall newundergroundelectricalutilitylinestoservethenewbuilding.Thenewundergroundelectrical utilitylineswilloriginateat ’selectricalsubstationlocatedatthesouthwestcornerofMillsAvenue andSixthStreet.ThenewundergroundelectricallinewillthenproceedeastwhereitwillcrossMills AvenueandentertheCMCparkinglotat540EastSixthStreet.Thenewundergroundelectricalline willcontinuetotheeastapproximatelyeighthundredfeet.Atthispoint,thenewunderground electricallinewillcrossSixthStreetandproceednorthonCMC-ownedpropertytoanexistingpower manholelocatedonNinthStreet.Thenewundergroundelectricallinewillbelocatedonvarious propertiesownedbyCMC,however,thealignmentrequirespublicright-of-waycrossings(oneon Mills Avenue and one on Sixth Street), which is why an encroachment agreement is necessary. CMCandTCCpreparedthenecessaryencroachmentagreementdocumenttofacilitatethenew electricalinfrastructure,whichisincludedasanExhibittotheResolution(Attachment)being considered for approval by the City Council. RECOMMENDATION Staff recommends that the City Council: A.AdoptARESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCLAREMONT, CALIFORNIA,APPROVINGANENCROACHMENTAGREEMENTWITHTHECLAREMONT COLLEGES/CLAREMONTMCKENNACOLLEGEFORUNDERGROUNDELECTRICIAL CLAREMONTPage 1 of 3Printed on 9/7/2023 powered by Legistar™ FACILITIES UNDER MILLS AVENUE AND SIXTH STREET; and B.FindthisitemisexemptfromenvironmentalreviewundertheCaliforniaEnvironmentalQuality Act (CEQA). ALTERNATIVE TO RECOMMENDATION In addition to the recommendation, there isthe following alternative: Request additional information from staff. FINANCIAL REVIEW Thestaffcosttopreparethisreportandadministerthisprojectisestimatedat$866andisincludedin the operating budget of the Community Development Department. ANALYSIS TCCistheownerandoperatorofaprivatepowergeneratingfacilitylocatedatthesoutheastcorner ofMillsAvenueandSixthStreet.TCCalsoownsandoperatesaprivatedistributionnetworkthat servesseveralcollegeswithintheClaremontCollegesarea.CMChasanewprojectthatwillbe connectedtotheTCCpowergeneratingfacilitytherebycreatingtheneedtoenterintoanagreement for new encroachments in Sixth Street and Mills Avenue, which are public streets. CMCiscurrentlyconstructingtheRobertDayIntegratedScienceCenter,whichisscheduledtoopen in2025.Becauseoftheconstruction,thereisaneedtorunnewelectricallinestoservethenew sciencecenter.ThenewsciencecenterislocatedonthesouthwestcornerofClaremontBoulevard andNinthStreet.Thenewelectricallineswilloriginateattheprivatepowergeneratingfacilityand continueeastcrossingMillsAvenue.OntheeastsideofMillsAvenue,thelinewillentervariousCMC -ownedpropertiesalongSixthStreetonthesouthsideoftheroadway.Aftertravelingeast approximatelyeighthundredfeet,thelinewillcontinuenorthcrossingSixthStreet.OnceacrossSixth StreetthelinewillheadnorthonCMC-ownedpropertytoanexistingpowermanholelocatedinNinth Street. TCCandCMCareworkingwiththeEngineeringDivisionontherequiredpublicworkspermits necessary to address the areas where the private electrical line will cross public streets. Toreceiveelectricalpoweratthenewsciencecenter,aswellasmaintainthelinesinthefuture,CMC andTCCpreparedthenecessaryencroachmentagreementdocumentforthegrantingofthenew encroachments and terms of the encroachment. LEGAL REVIEW The City Attorney has reviewed and approved the attached Resolution. RELATIONSHIP TO CITY PLANNING DOCUMENTS Staffhasevaluatedtheagendaiteminrelationshiptothe City’sstrategicandvisioningdocuments andfindsthatitappliestothefollowingCityPlanningDocuments:CouncilPriorities,GeneralPlan, and the 2022-24 Budget. CLAREMONTPage 2 of 3Printed on 9/7/2023 powered by Legistar™ CEQA REVIEW TheEncroachmentisnota “project”subjecttoenvironmentalreviewundertheCalifornia EnvironmentalQualityAct (“CEQA”).PursuanttoCEQAGuidelinesSection15060(c)(2),theactivity willnotresultinadirectorreasonablyforeseeableindirectphysicalchangeintheenvironment.Even iftheEncroachmentwerea “project”subjecttoCEQA,itwouldbeexemptfromenvironmental reviewunderSection15303(Class3-NewConstructionorConversionofSmallStructures)and Section 15061(b)(3)’s “general rule”thatCEQAappliesonlytoprojectsthathavethepotentialfor causingasignificanteffectontheenvironment.Here,itcanbeseenwithcertaintythatthereisno possibility that the Encroachment, in and of itself, will have a significant effect on the environment. PUBLIC NOTICE PROCESS TheagendaandstaffreportforthisitemhavebeenpostedontheCitywebsiteanddistributedto interested parties. If you desire a copy, please contact the City Clerk’s Office. Submitted by:Prepared by: Brad JohnsonDeLisa Bryant Community Development DirectorAssociate Engineer Reviewed by: Maria Tipping, P.E. City Engineer Attachment: Resolution Approving An Encroachment Agreement CLAREMONTPage 3 of 3Printed on 9/7/2023 powered by Legistar™ ATTACHMENT RESOLUTION NO. 2023-________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, APPROVING AN ENCROACHMENT AGREEMENT WITH THE CLAREMONT COLLEGES/CLAREMONT MCKENNA COLLEGE FOR UNDERGROUND ELECTRICAL FACILITIES UNDER MILLS AVENUE AND SIXTH STREET WHEREAS, in connection with the new science center on the southwest corner of Claremont Boulevard and Ninth Street, the Claremont Colleges and Claremont McKenna College construct and maintain certain underground electrical facilities located within public right of way in Mills Avenue and Sixth Street. WHEREAS, the City desires to enter an Encroachment Agreement to grant Claremont Colleges and Claremont McKenna College a license to construct such underground electrical facilities in the locations generally described and depicted in Exhibit . NOW THEREFORE, THE CLAREMONT CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The above recitals are true and correct and are incorporated herein. SECTION 2. In accordance with the California Environmental Quality Act , the City Council finds and determines that the Encroachment is not subject to environmental review. Pursuant to CEQA Guidelines Section 15060(c)(2), the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. The City Council further finds that, even if the Encroachment were CEQA, it would be exempt from environmental review under Section 15303 (Class 3 New Construction or Conversion of Small Structures) and that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Here, it can be seen with certainty that there is no possibility that the Encroachment, in and of itself, will have a significant effect on the environment. SECTION 3. The City Council hereby approves and authorizes the City Manager to execute an Encroachment Agreement in a form substantially similar to the draft Agreement attached hereto as Exhibit 1 to allow the Claremont Colleges and Claremont McKenna College to construct and maintain underground electrical facilities within public right of way in Mills Avenue and Sixth Street. SECTION 4. The City Clerk is hereby instructed to cause the Grant of Easement to be recorded. SECTION 5. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. Resolution No. 2023- Page 2 th PASSED, APPROVED, AND ADOPTED THIS 12 day of September 2023. ________________________________ Mayor, City of Claremont ATTEST: ________________________________ City Clerk, City of Claremont APPROVED AS TO FORM: ________________________________ City Attorney, City of Claremont RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Loeb & Loeb, LLP 10100 Santa Monica Blvd, Suite 2200 Los Angeles, California 90067 Attention: Paul M. Rohrer, Esq. (Space Above For Recorder’s Use) AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT (this “Agreement”) is effective this ___ day of __________, 2023 (the “Effective Date”), by and between CITY OF CLAREMONT, a California municipal corporation (“City”), as grantor, and THE CLAREMONT COLLEGES, INC., a California nonprofit corporation (“TCC”), as grantee, for the benefit of CLAREMONT MCKENNA COLLEGE, a California nonprofit corporation (“CMC”). City and TCC are each sometimes individually referred to herein as a “Party” and, collectively, as the “Parties.” A.City is the owner of certain real property which includes public streets commonly known as Mills Avenue and 6th Street located in the City of Claremont, State of California (the “City Property”). B.CMC is the owner of that certain real property more particularly described in Exhibit A attached hereto (the “CMCProperty”), which CMC intends to improve with the new Robert Day Integrated Science Center (Architectural Commission Resolution No. 2022-06). C.TCC desires to install, or cause the installation of, underground utilities serving the CMC Property (collectively, the “Utility Improvements”) on, over, across, under and within the City Property. D.The Parties desire to enter into this Agreement in order to provide TCC, and its employees, agents, contractors, consultants, and invitees, including but not limited to third party utility providers (together with TCC, the “TCC Parties”) with a non-exclusive, perpetual surface and subsurface license(the “Encroachment”) on, over, across, under, and through a portion of the City Property, as more particularly described in Exhibit B-1 hereto and depicted in Exhibit B-2 (the “Encroachment Area”), for the construction, use, operation, inspection, maintenance, repair and replacement of the Utility Improvements, and for pedestrian and vehicular access thereto, for the benefit of CMC, and its employees, agents, contractors, consultants, and invitees (together with CMC, the “CMC Parties”). NOW THEREFORE, in consideration of the foregoing Recitals, which are hereby incorporated by this reference as if set forth in full herein, the mutual representations, promises, warranties, covenants and agreements contained below, and for other good and valuable 24188753.2 219018-10006 consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Encroachment. 1.1 Approval of Encroachment. Effective as of the Effective Date, subject to and on the terms and conditions set forth herein, City hereby reserves against the Encroachment Area and grants to the TCC Parties the Encroachment, on, over, across, under, and within the Encroachment Area, for the construction, use, operation, inspection, maintenance, repair and replacement of the Utility Improvements, and for pedestrian and vehicular access thereto. The Encroachment shall be for the benefit of the CMC Parties and each of their successors, and assigns. The Encroachment shall be used in a manner that does not unreasonably interfere with the use or operation of the Encroachment Area. 1.2 Consideration. The consideration to be provided by TCC to City for use of the Encroachment shall be one dollar ($1.00), payable by TCC in immediately available funds by not later than thirty (30) days following the Effective Date. 1.3 Repair & Replacement. TCC shall repair and replace any improvements owned by City that are damaged as a result of the construction, repair, or maintenance of Utility Improvements, including any structures, lighting and/or landscaping on or adjacent to the Utility Improvements. 1.4 Maintenance. TCC shall keep and maintain the Utility Improvements in good order, condition and repair, and shall be solely responsible for the repair of any damage to the Encroachment Area arising from the use, repair, and/or maintenance of the Utility Improvements. 1.5 Indemnity for Use of Encroachment. TCC shall indemnify, defend and hold City harmless from and against any and all claims, demands, suits, losses, costs, liabilities penalties, damages and expenses suffered or incurred by City arising out of or in connection with the (i) use of the Encroachment Area by the TCC Parties, or (ii) any entry onto, or activity by, or on behalf of, the TCC Parties on the Encroachment Area, except, in each instance, to the extent caused by the negligence or willful misconduct of City or any of its employees, agents, or contractors. 1.6 Insurance. Each Party shall maintain insurance as is reasonably necessary for the exercise of any rights granted to such Party under this Agreement, in accordance with prudent risk management and all applicable laws. 2. Run with the Land; Binding Effect. The license, covenants, restrictions and conditions created by or described in this Agreement are appurtenant to, and shall run with and bind the Encroachment Area, the City Property, and the CMC Property, and shall be binding upon and inure to the benefit of the City Property, the CMC Property, the Parties, and the heirs, successors and assigns of City and CMC, in perpetuity. All covenants, conditions and restrictions set forth in this Agreement shall be enforceable equitable servitudes, shall benefit and be binding upon each Party, and their respective heirs, successors, and assigns, and constitute covenants 24188753.2 2 219018-10006 running with the land pursuant to applicable law, including, but not limited to, Section 1468 of the Civil Code of the State of California. 3. No Easement or License by Implication; Prevention of Prescriptive Rights. Except for the CMC Parties, neither the execution of this Agreement or any instrument that may be executed in connection herewith nor the granting of the Encroachment described herein shall be deemed to grant any easement or license to any third party or to establish any easement or license by implication. Nothing contained herein shall be deemed to be a gift or dedication of any portion of the City Property or the CMC Property to the general public or for the general public or for any public purpose whatsoever. 4. Default. 4.1 Notice of Default. Upon the occurrence of a default under this Agreement, the defaulting Party shall have five (5) days from the receipt of written notice from the non- defaulting Party in which to cure such default. If the nature of such default makes it incapable of being cured within five (5) days following notice, then the defaulting Party shall, provided that the defaulting Party commences such a cure within five (5) days and diligently pursues the same, have a reasonable time in which to cure such default, not to exceed six (6) months. 4.2 Remedies Upon Default. The Parties acknowledge and agree that, upon the occurrence of an event of default, damages alone are not a sufficient remedy, and the terms and provisions hereof may be specifically enforced by an injunction or other equitable remedy. Upon the occurrence of an event of default, the non-defaulting Party shall have any and all remedies available against the defaulting Party under this Agreement, at law or in equity, including, without limitation: (i) specific performance; and (ii) recovery from the defaulting Party of all actual damages incurred as a result of such default, including reasonable costs of cure, enforcement, collection and reasonable attorneys’ fees. 4.3 Effect of Breach. All of thelicenses, covenants and other provisions contained in this Agreement shall be deemed to be superior to all mortgages and deeds of trust now or hereafter encumbering the Encroachment Area, or any future mortgages or deeds of trust against the Encroachment Area. The breach of, or the attempt to breach, any of the licenses, covenants or other provisions contained herein shall not defeat, affect or render invalid a lien or charge of any mortgage or deed of trust made in good faith and for valuable consideration. All licenses, covenants and other provisions set forth herein shall remain in full force and effect notwithstanding the foreclosure of any mortgage or deed of trust, which now or shall hereafter encumber the Encroachment Area, or any portion or estate thereof. 5. Recordation. This Agreement shall be duly recorded in the Official Records of the County of Los Angeles, California (“Official Records”). 6. Entire Agreement. This Agreement sets forth the entire Agreement of the Parties with respect to the subject matter addressed, and all prior negotiations, representations, warranties and discussions are superseded by the provisions of this Agreement. 24188753.2 3 219018-10006 7. Amendment. This Agreement may be amended or modified only by a written instrument executed and acknowledged by the Parties or their successors in interest and recorded in the Official Records. 8. Notices. All notices shall be in writing and either (a) personally served at the appropriate address (including by means of professional messenger service or recognized overnight delivery service, provided that any such delivery is confirmed by written receipts signed on behalf of the receiving Party or by adequate proof of service) or (b) deposited in the United States mail, postage prepaid, certified or registered mail, return receipt requested, addressed to the appropriate addressee and shall be deemed received and effective on the day such notice is actually received if received before 5:00 p.m. on a regular business day, or on the following business day if received at any other time. All addresses of the Parties for receipt of any notice to be given pursuant to this Agreement are as follows, until an Party’s address for notices is changed by such Party by written notice to the other Parties. If to City: City of Claremont 207 Harvard Avenue Claremont, CA 91711 Attn:_______________________ With a copy to: ___________________________ ___________________________ ___________________________ ___________________________ If to TCC: The Claremont Colleges, Inc. c/o Real Estate 101 S. Mills Ave Claremont, CA 91711 Attn: Katie Timmerman With a copy to: ___________________________ ___________________________ ___________________________ ___________________________ If to CMC: Claremont McKenna College 500 East Ninth Street Claremont, CA 91711 Attn: Hiram E. Chodosh With a copy to: Matthew G. Bibbens Vice President for Administration and Planning| 24188753.2 4 219018-10006 Claremont McKenna College 500 East Ninth Street Claremont, CA 91711 9. No Partnership. Nothing contained in this Agreement, nor any acts of the Parties, shall be deemed or construed to create any relationship of principal and agent, or of partnership, or of joint venture, or of any association between the Parties. 10. Severability. If (a) any provision of this Agreement is held by a court of competent jurisdictionto be invalid or unenforceable and (b) the invalidity or unenforceability of such a provision does not deny an Party of any material benefit of this Agreement, then the remainder of the Agreement, which can be given effect without the invalid provision, shall continue in full force and effect and shall in no way be impaired or invalidated. 11. Time of Essence. The Parties hereby acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, obligation and provision hereof and that failure to timely perform any of the terms, conditions, obligations or provisions hereof by any Party shall constitute a material breach of and a default under this Agreement by the Party so failing to perform. 12. Exhibits. All exhibits referred to in this Agreement are attached and incorporated by this reference. 13. Governing Law. The Parties acknowledge that this Agreement has been negotiated and entered into in the State of California. The Parties expressly agree that this Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. 14. Headings. The section, paragraph and/or other headings of this Agreement are for convenience only and in no way limit or enlarge the scope or meaning of the language hereof. 15. Construction. The Parties acknowledge that the Parties and their counsel have reviewed and revised this Agreement and agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits or amendments hereto. 16. Execution in Counterparts. This Agreement may be executed in any number of counterparts and by different Parties hereto on separate counterparts, each of which when so executed and delivered shall be deemed an original and all of which taken together shall constitute but one and the same instrument. \[SIGNATURES ON NEXT PAGE\] 24188753.2 5 219018-10006 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. “City”: CITY OF CLAREMONT, a California municipal corporation By: Name: Its: “TCC”: THE CLAREMONT COLLEGES, INC., a California nonprofit corporation By: Name: Stig Lanesskog Its: Chief Executive Officer By: Name: Vanessa H. Aguirre Its: Vice President of Finance and Treasurer Signature Page ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual whosigned the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _________________ On _____________________, before me, ___________________________________, Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ (Seal) Notary Acknowledgment ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual whosigned the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _________________ On _____________________, before me, ___________________________________, Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ (Seal) Notary Acknowledgment ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual whosigned the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _________________ On _____________________, before me, ___________________________________, Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ (Seal) Notary Acknowledgment EXHIBIT A LEGAL DESCRIPTION OF CMCPROPERTY Parcel 1 (APN 8308-025-004): The real property in the City of Claremont, County of Los Angeles, State of California, described as: LOT 1 OF TRACT NO. 44503 IN THE CITY OF CLAREMONT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1071, PAGES 36 AND 37 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 1 SOUTH, RANGE 8 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CLAREMONT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF THE SURVEY OF SAID LAND ON FILE IN THE BUREAU OF LAND MANAGEMENT, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF EAST CLAREMONT ADDITION TO THE CITY OF CLAREMONT, RECORDED IN BOOK 28, PAGE 80 OF MISCELLANEOUS RECORDS OF SAID COUNTY; THENCE SOUTHERLY ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID EAST CLAREMONT ADDITION, 757.10 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID EAST CLAREMONT ADDITION, 331.93 FEET TO THE EAST LINE OF THE LAND CONVEYED TO POMONA COLLEGE CORPORATION, BY DEED RECORDED IN BOOK 754, PAGE 252, OFFICIAL RECORDS, OF SAID COUNTY; THENCE NORTHERLY ALONG SAID LINE, 757.10 FEET TO A POINT IN THE SOUTH LINE OF SAID EAST CLAREMONT ADDITION; THENCE EASTERLY ALONG SAID SOUTH LINE 331.93 FEET TO THE POINT OF BEGINNING. SAID DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE (LOT LINE ADJUSTMENT), RECORDED SEPTEMBER 23, 1986 AS INSTRUMENT NO. 86-1265173, OF OFFICIAL RECORDS. Parcel 2 (APN 8308-025-013): The real property in the City of Claremont, County of Los Angeles, State of California, described as: THAT PORTION OF THE WESTERLY 30 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 1 SOUTH, RANGE 8 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CLAREMONT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT, OF THE SURVEY OF SAID LAND ON FILE IN THE BUREAU OF LAND MANAGEMENT, LYING SOUTH OF THE EASTERLY PROLONGATION OF THE A-1 CENTER LINE OF 9TH STREET, 60 FEET WIDE, AS SHOWN ON THE MAP OF EAST SIDE ADDITION TO CLAREMONT, RECORDED IN BOOK 10 PAGE 125 OF MAPS, RECORDS OF SAID COUNTY. ALSO THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10 WHICH LIES NORTH OF THE NORTHERLY LINE OF SIXTH STREET AND IMMEDIATELY SOUTH OF THE ABOVE DESCRIBED LAND. EXCEPTING ANY PORTION OF THE ABOVE DESCRIBED LAND INCLUDED WITHIN THE LIMITS OF ANY PUBLIC HIGHWAY. A-1 EXHIBIT B-1 DESCRIPTION OF ENCROACHMENT AREA \[Attached\] B-1-1 EXHIBIT '' LEGAL DESCRIPTION OF THE ENCROACHMENT AREA A PORTION OF LAND LOCATED WITHIN SIXTH STREET IN THE CITY OF CLAREMONT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF LOT 1 OF TRACT NO 44503 AS PER MAP RECORDED IN BOOK 1071, PAGES 36 AND 37 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES, STATE OF CALIFORNIA, BEING A POINT ON THE NORTHERLY RIGHT OF WAY OF SIXTH STREET, 60.00 FEET WIDE AS SHOWN ON SAID MAP; THENCE ALONG SAID RIGHT OF WAY NORTH 89°08'42" WEST A DISTANCE OF 69.87 FEET TO THE POINT OF BEGINNING; THENCE, LEAVING SAID RIGHT OF WAY, PERPENDICULAR TO THE SOUTH RIGHT OF WAY OF SIXTH STREET, SOUTH 00°51'18" WEST A DISTANCE OF 60.00 FEET TO A POINT ON SAID RIGHT OF WAY, BEING THE POINT OF TERMINATION; THE LAND DESCRIBED HEREIN CONTAINS AN AREA OF 1,200 SQUARE FEET MORE OR LESS. ATTACHED HERETO IS EXHIBIT 'B' AND BY THIS REFERENCE MADE A PART HEREOF. THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECTION ON: _________07/31/2023 ARNOLD J. WHITAKER EXP. 03-31-25 PLS 7883 SHEET 1 OF 1 EXHIBIT '' LEGAL DESCRIPTION OF THE ENCHROACHMENT AREA A PORTION OF LAND LOCATED WITHIN MILLS AVENUE IN THE CITY OF CLAREMONT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF SIXTH STREET, 60.00 FEET WIDE AND MILLS AVENUE, 60.00 FEET WIDE, AS SHOWN ON PARCEL MAP NO.70170, FILED IN BOOK 357, PAGES 8 THOUGH 10, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES, STATE OF CALIFORNIA; THENCE SOUTH 01°16'00" EAST A DISTANCE OF 178.67 FEET ALONG THE CENTERLINE OF MILLS AVENUE; THENCE, LEAVING SAID CENTERLINE, PERPENDICULAR TO THE EAST RIGHT OF WAY OF MILLS AVENUE NORTH 88°44'00" EAST A DISTANCE OF 30.00 FEET TO A POINT ON SAID RIGHT OF WAY, BEING THE POINT OF BEGINNING; THENCE SOUTH 89°58'11" WEST A DISTANCE OF 60.01 FEET TO A POINT ON THE WEST RIGHT OF WAY OF MILLS AVENUE, BEING THE POINT OF TERMINATION. THE SIDELINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE ON THE EAST AND WEST RIGHT OF WAY OF MILLS AVENUE. THE LAND DESCRIBED HEREIN CONTAINS AN AREA OF 1,200 SQUARE FEET MORE OR LESS. ATTACHED HERETO IS EXHIBIT 'B' AND BY THIS REFERENCE MADE A PART HEREOF. THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECTION ON: _________07/31/2023 ARNOLD J. WHITAKER EXP. 03-31-25 PLS 7883 SHEET 1 OF 1 EXHIBIT B-2 DEPICTION OF ENCROACHMENT AREA \[Attached\] B-2-1 EXHIBIT 'B' PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR ENCROACHMENT AREA SECTION 10, TOWNSHIP 1 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN TRACT NO. 44503 P.O.C. M.B. 1071/36-37 LOT 1 STREET CL NORTH R.O.W. P.O.B. SIXTH STREET STREET CL P.O.T. SOUTH R.O.W. SIXTH STREET TRACT NO. 53282 M.B. 1299/26-28 LOT 10 LEGEND STREET R/W CENTERLINE ENCROACHMENT BOUNDARY AREA = 600 SF MORE OR LESS POINT OF COMMENCEMENT POINT OF BEGINNING POINT OF TERMINATION R.O.W.RIGHT OF WAY SWSOUTHWEST BASIS OF BEARINGS BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF SIXTH STREET BEING N89°08'42"W AS SHOWN ON TRACT NO. 44503, RECORDED IN BOOK 1071, PAGES 36 AND 37 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES, STATE OF CALIFORNIA. . SHEET 1 OF 1 EXHIBIT 'B' PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR ENCROACHMENT AREA NORTH R.O.W. BASIS OF BEARINGS SIXTH STREET BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF SIXTH STREET BEING N89°09'19"W AS SHOWN ON P.O.C. PARCEL MAP NO. 70170, FILED IN BOOK 357, PAGES 8 THROUGH 10, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES, STREET CL STATE OF CALIFORNIA. SOUTH R.O.W. SIXTH STREET PCL. 1 SEE ENLARGEMENT P.O.B. TRACT NO. 1008 P.M. NO. 70170 M.R. 17/62-63 P.M.B. 357/8-10 P.O.T. PCL. 2 STREET CL WEST R.O.W. EAST R.O.W. MILLS AVENUE MILLS AVENUE LEGEND STREET R/W CENTERLINE ENCROACHMENT BOUNDARY AREA = 600 SF MORE OR LESS POINT OF COMMENCEMENT EAST R.O.W. POINT OF BEGINNING MILLS AVENUE POINT OF TERMINATION R.O.W.RIGHT OF WAY P.O.B. ENLARGEMENT SCALE: 1"=30' SHEET 1 OF 1