HomeMy WebLinkAboutDeeds & Easements_18-2017E Electronically Recorded in Official Records,County of San Bernardino 8/03/2017
04 BOB DUTTON 14 PM
A
RECORDING REQUESTED BY �� ALS
CITY OF REDLANDS ASSESSOR RECORDER CLERK
AND WHEN RECORDED MAIL DOCUMENT TO 367 City of Redlands Clerk
NAME CITY CLERK Doc# 2017-0317946 Titles 1 Pages 7
CITY OF REDLANDS
STREETP O BOX 3005 Fees 00
ADDRESS
REDLANDS, CA 92373 Taxes 00
CITY STATE 8 Other 00
ZIP CODE PAID 00
PEES 1-40T"Qui Ev
PER GOVERNMENT CODE SPACE ABOVE FOR RECORDER'S USE ONLY
SECTION 6103
GRANT DEED
Title of Document
�,
77-77-77\ 777777 7
77 7
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3 00 Additional Recording Fee Applies)
Recording Requested By
and When Recorded Mail to
City Clem
City of Redlands
P O Boy 3005
Redlands CA 92373
GRANT DEED
THIS GRANT DEED (thus "Deed'`) is executed as of the 61ti day of Riale. 2017. from the
Watchorn Lmcoln Memorial Association, a California Non-Profit Public Benefit Corporation
(`Grantor'), to the C: tyr of Redlands, a municipal corporation organized and existing pursuant to
California la,7,T, C Grantee' ) and to the '��vatchorn Lincoln Memorial Association ("Remainder
Grantee'), as their interests are described below
WITNESSETH
NONE', THEREFORE., for valuable consrde-atron, the receipt and sufficiency of which are
hereby, acknowledged by Grantor, Grantor does hereby grant, bargain and sell. iinto Grantee, all
the real property more particularly described on Exhibit A, attached hereto and made a part
hereof, together with all of Grantor's right, title and interest in all buildings, improvements,
fixtures easements, tenements, hereditaments, and appurtenances of every kind or rature
belonging thereto (hereinafter collectively referred to as the "Property-"), subject to all matters of
record or that would be reflected on an accurate sur�,ey The Property is conveyed. to Grantee
subject to the remainder interest (,power ofterinination) conve�red to lZemainder Gr zrtee attached
as Exlu bit'B"hereto and incorporated herein by this reference
For valuable consideration,the receipt and sufficiency of,��hich are herebv acknowledged
by Grantor, Grantor does hereby grant, bargain and sell, Tanto Remainder Grantee, a power of
termination,�,ith respect to the Property pursuant to the ternis and provisions set forth in Exhibit
"B"hereto, which shall run with the land
IN NVITNTESS WHEREOF, this instrument is executed as of the date stated hereinabove
"Grantor"
APN 0171-291-20-0-000 Watchorn L,ncohi Memorial ALssociation
California-Non-Profit Public
The undersigned grantor(s)declare(s) Benefit Corporation
DOCUMENTARY TRANSFER TAX$0 00
B ,
illiam D Hat d
President I/
1
Exhibit B 2017 05 18(Red)Grant Heed WLMA to City 5.4.207?
CERTIFICATE OF ACCEPTA ICE AND AC OWLED ENT
This is to certify that the interest to real property conveyed by the above Grant Deed from
the Watchorn Lincoln Memorial Association, a California Non-Profit Public Benefit
Corporation, as Grantor, has been accepted by Grantee, and the Grantee consents to recordation
thereof and agrees to be bound by the Restrictions and Power of Termination set forth in Exhibit
"B"to the Grant Deed
This is to further certify that the Power of Termination conveyed b-�' the abo�.e Grant
Deed from the 'Watchorn Lincoln Memorial Association, a California Non-Profit Public Benefit
Corporation, as Grantor, to the Watchom Lincoln Memorial Association, as Remainder Grantee,
has been accepted by the Remainder Grantee, and Remainder Grantee consents to recordation
thereof. and agrees to be bound by the Restrictions and Poorer of Termination set forth in Exhibit
"B"to the Grant Beed
"Ca antee"
Dated , 201 7 City of Redlands, a municipal
corporation organized and existing
pursuant to California law
B
N E . q-a , rtinez
CL ;tanager
" ema der Grantee"
ikatchorn Lincoln Memorial Association
Dated 2017 A California hon.-Profit Public
Benefit Corporation
B �
Y _..
tlliain D Hat:t• —
President '
2
Exhibit 3 2017 05 18(Red)brant Deed WLMA to£;sty 5.4 20117
A notary
L - p ul b. I c or other offIcer comple-brig this certificate verifies only the identity of the
I individual who signed the document to vhich tris certificate is attached
and not the
truthfulness, accuracy, or validity of the docurrient
STATE OFCALIFORNIA \
\ SS
COUNTY OFSAN BERNARD|N[] }
/}
On �jUhC L�, 70 ]7 _ before me, u(({�� k\ o- , a
Notary Public, personally appeared' W\ (��04y� 1 e '1 ' vvho proved to me on the
basis ofsat/sractory evidence to be tne oersonNi vvhose nerne�s) subscribed to the witrm
instrument and acknowledged to me that he/��/Vkey executed the sarpe in his/h�/the/r
authorized capaoty(�&5), and that by his/rw/thQrs/gnatureN� on the instrument the pe/sonhJ,
or1heent/tyuponbeha|rofw/hichtheperson(Aacted, executedthe /ns1rument
| certify under PENALTY OF PERJURY under the laws of the State of California that 'he
foreguinguaragraph /strue and correct
VV|TNESSrny hand and official sea/
(Seal)[,a=DIAA 1AINS ,
Notary Public
Notary PU 110
San ser"Idino county a
in C
M Comm Expires Dee 16 2020
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sxh.u^e 2017o5 /u(a=a/s=,oena %VLMAmo-ys4.mxr
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E]0HIBIT"A"
LEGAL DESCRIPTION
APNO171-2Q1-2O-U-OOO
Real property in the City of Redlands,County of San Bernardino,State of California,
described oafollows
LOTS 10 11 12AND 21. BLOCK"E"`ORANGE GROVE ADDITION, |NTHE CITY OFREDLANDS`
COUNTY OFSAN BERNARD|NO, STATE DFCALIFORNIA,ASPER PLAT RECORDED |N BOOK
OF MAPS.PAGE 38, RECORDS OF SAID COUNTY
6
Exhibit 2017o5 1o(a"d)Grant Deed WzTvT A,ouq,5A2017
EXHIBIT" "
S FRICTIONS Av POWER OF TERT I L TION
The Property(as defined an the attached Grant Deed) granted to the City, of Redlands, a
municipal corporation existing pursuant to California law, ("GRANTEE") shall be subject to a
power of termination (as defined 1n Calaforma Caval Cade §885 010 [or similar provisions of
future California stale statutes;) conveyed to the Watchorn Lincoln Memorial Association, a
California Non-Profit Public 1 enefit corporation, (`WL,M ") 1TLNI , or any- successor
holder of the povv r of termination, shall be referred to herein as "Holder" or "Remainder
Grantee
GRANTEE. and as successors an interest, shall at all times
(a) lake use of and maintain the Property as a pi blac facility for meetings,
activities, luncheons, dinners, performances and other events, or any combination of the
foregoing, to promote cultural, philanthropic, educational or public library values (including,
without limitation, access to books, ideas, resources, information, artifacts and archives) for
the benefit of the citizens of Redlands and the surrounding coamnunatie�, (all collectively
zeferred to as the "Peraaaatted Uses') and for no other purposes,
(aa) Refrain from mortgaging the Property or pledging or creating a security interest
in the Property for any purpose, and
(in) Refrain from allowing or causing any, ben or judgment of any kind to be levied
against the Property'
The occurrenLe of any one or more of the following shall constitute a "TerminationEvent' for the purposes of this Power of Termination (a) a failure or cessation on the part of
GRA_ ,TEE, at any time andfor any reason,to make use of the Property= for the Permitted Uses
for a continuous period of six (6) months or longer where such failure or cessation is not
cured by GRANTEE within toe applicable time set forth below' or (b) a failure on the part
of GRANTEE to meet the requirements of Items (n) and;'or (ala) immediately above where such
failure as not cured by GRANTEE within the applicable time set forth below
With respect to a failure or default by GRANTEE under Item (a) immediately above,
the period allowed for GRANITE to cure the failure or default as 180 days from receipt of
written notice from Folder With respect to a failure or default by GRAaNTEE under Item (b)
immediately above, the period allowed for GRANTEE to cure the failure or default as 60 days
from receipt of written notice from Folder
Upon the occurrence of a Termination Event, the fee simple tale to the Property shall
be subject to termination by Holder an accordance with the notice and other provisions of
California Ci-vil Code §885 050 (or similar provisions of future California state statutes)
Prior to the Holder exercising the power of termination, bolder will gave written nonce of the
7
Exhibit B 2017 05 18(Red)Grant Deed .Ll—MFro to Cry 5.4.2017
Termination Event to GRANTEE If GRAINTEE fails to cure the Termination Event within
the applicable time period specified hereinabove, Halder shall be entitled to exercise the right
of termination by further notice and without need for civil litigation in accordance with
§885 050
The rights and duties of Holdei hereunder are assignable by the Holder, and its
successors in interest, upon vvmtten appoiranien.t and acceptance thereof duly executed by
Holder and bg each appointed successor, but only to an enti y that then qualifies as a tax.-
exempt, non-profit public benefit corporation Any such appointment and acceptance shall be
effective upon recordation in the official records of the: County of San Bernardino
Upon proper exercise of the power of termmation by Holder, the Holder w ill thereupon
acquire title to the Property If Holder then qualifies as a tax-exempt, non-profit public benefit
corporation, Folder will, as the Remainder Grantee, thereafter continue to hold and utilize the
Propem, for the Permitted Uses If Holder should elect not to continue to hold title to the
Property, or if Holder does not then qualify as a tax-exempt, non-profit public benefit
corporation, then the Holder will convey the Property to a successor Remainder Grantee
appointed by the Attome3, General of the State of California (herein the attorney General")
In such event, the Attorney General shall appoint one or more tax-exempt, non-profit public
benefit entities which must agree in writing to accept and hold the Property for the Permitted
Uses and which satisfy the following requirements each such organization must (i) operate in
the City of Redlands or its surrounding communities and. (ii) be dedicated to charitable
purposes which are compatible with the Peririitted Lases
Notwithstanding the provisions set forth herein, the parties intend that the Lease (he-rein
"Lease") of the Property between NVLMA, as Landlord; and The Contemporary Club, a
California Dori-Profit Public Benefit Corporation, as Tenant, which is dated December 30,
2015 (with. NA7 's rights, obligations, duties, and responsibilities as Landlord under the
Lease being assigned to and assumed by the City of Redlands, a California general law city,
pursuant to an Assignment of Leas-, Agreement executed contemporaneously with the
execution of the Grant Deed to which this Exhibit"E" is attached), shall not be terminated by
any exercise of the power of termination If it is determined that such Lease is terminated by
exercise of the power of termination, thein, immediately upon obtaining title to the Property
followmc, exercise of the power of termination., the Remainder Grantee (as Landlord) shall
enter into a new lease with the Contemporary Club. with the same tennis as set forth in the
original Lease
These RESTRICTIONS AND PONIVE.R OF TERMINAHON shall run �Nith the Property
for a term of thirty (30) years from the date of recordation of the Grant Deed to which this
exhibit is attached, provided, however; that Holder shall be entitled to preserve the pourer of
termimtion pursuant to California Civil Code §885 030 (2), except that such preservation shall
be limited to 25 years from the date of recordation of the notice of intent to preserve the power
of termination(so that the maximum term of the power of termination will be 55 years)
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Exhibit t3 2017 0 18(Red)Grana Beed WLINIA to City 5 4.2017