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HomeMy WebLinkAboutDeeds & Easements_38-2008E Recorded in Official Reeords. County of San Bernardino 12/1012008 LARRY WALKER 3 01 PM Auditot/Controller — Recorder BGJ c .;- ` P Counter WHEN RECORDED MAIL THIS GRANT DEED AND ALL Doo# 2008—0547158 Titles 1 Pages 17 TAX STATEMENTS TO Fees el 00 CITY CLERK Taxes a ee CITY OF REDLANDS other 8 00 PAID $0 00 P O BOX 3005 REDLANDS CA 92373 F ES NOT REQUIRED PER rn"E"K ENT CODE �CCTlOtd 0103 (Above Space for Recorder's Use Only) GRANT DEED 4 tW, 5>-Z'S PARCEL 01t%11 and 0167-51I-12 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BIXBY LAND COMPANY, a California corporation ("Grantor"), hereby GRANTS to THE CITY OF REDLANDS, a municipal corporation and general law city organized under the laws of the State of California ("Grantee"), the following described real property (the "Pror)erty") located in the City of Redlands, County of San Bernardino, State of California Parcels Nos 5 and 12 of Parcel Map 15911, in the City of Redlands, County of San Bernardino, State of California, as shown by Map on file in Book 200, Pages 85 through 92, inclusive, in the Office of the County Recorder of said County The foregoing GRANT is made expressly SUBJECT TO and on the EXPRESS CONDITION that if Grantee fails to keep and maintain the Property as a citrus grove in a manner consistent with the terms and provisions of that certain Dedication Agreement (the "Agreement"), executed by and between Grantor and Grantee and dated as of January 18, 2008, a copy of which is attached hereto as Exhibit A the estate granted hereby shall revert to Grantor, or its assigns, without any cost or expense to Grantor DOCUMENTARY TRANSFER TAX$ In 11 ❑Computed on full value of property conveyed,or ©Computed on full value less liens&encumbrances U remaining thereon at time of sale H Signature of declarant or agent determining fax firm name 11 City of Redlands, California 11 11 11 11 11 H 11 Signatures Appear on the Following Page IBRISENR\SWDMM5564457 MAI!_TAX STATEMENTS AS DIRECTED ABOVE IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed as of the 7th day of February , 2008 "GRANTOR" Bixby Land Company, a California co oration 4�� y G � (It Jai s Wolford s i.ef Financial OffiaerJ By ` Michael F Severson Its Vice President The undersigned has executed this Grant Deed to acknowledge and agree to that certain express condition contained herein CITY OF REDLANDS, a California municipal corporation and general law city organized under the laws of the State of California By Mayor Pro Tam ATTEST 1 B y _� City Clerk U S13RISENR4,SWDMSL5554457 - 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �Y"_e On before me, Date H Inser Name and Title of the OStic i 111 1 personally appeared Sign q p t Names}o who proved to me on the basis of satisfactory evidence to be the person(@ whose name(s) is/Crd subscribed to the within instrument and acknowledged to me that �the�xecuted the same in is�her/ ei 'authorized BRIE 9*TZ 60 capacity e , and that by hisJTer heir ignature((Oon the Notary PuOk-CatXWA _ instrument the person or the entity upon behalf of Oran"cour4 which the person&acted, executed the instrument Comm x0r t, 20tt I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS m and and official seal — eA—Signature g ) Place Notary Seal Above Si re o otary t7hhc� OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Ti Type of Document Document Dat Number of Pages Signer(s) Other Than Name ove• Capacity(les) Claimed by Signer(s) Signer's Name igner's Name ❑ Individual ❑ ' iduai ❑ Corporate Officer—Title(s) ❑ Corpor Officer—Title(s) ❑ Partner—❑ Limited ❑ General :,, ❑ Partner— Ited ❑ General ❑ Attorney in Fact - - Ll Attorney in Fact • -- ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other ❑ Other Signer Is Representing Signer Is Representing 02007 National Notary Association 9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.NationaiNotary.org Item#5907 Reorder*Call Toll-Free 1-B00-876-6827 EXHIBIT A [insert copy of executed Dedication Agreement] 1BRISENRISWDMS15564157 _ 3 _ WHEN RECORDED, RETURN TO CITY CLERK'S OFFICE CITY OF REDLANDS Po BOX 3005 M,DL'ANDS CA. 92373 DEDICATION AGREEMENT (Mt View Grove) This Dedication Agreement ("Agreement") is made this 18'" day of January, 200$ ("Effective Date"), by and between Bixby Land Company, a California corporation ("Bixby") and the City of Redlands, a municipal corporation and general law city organized under the laws of the State of California ("City„) Bixby and City are sometimes individually referred to herein as a"Party" and, together, as the "Parties " RECITALS A Bixby is the owner of certain real property located in San Bernardino County, California, consisting of approximately fourteen acres and legally described in Exhibit "A" attached hereto (the "Bixby Property") B Bixby has developed and sold property adjacent to, or in the close vicinity of, the j( 1 Bixby Property On September 7, 2004, the City approved Bixby's proposal to develop an approximately 683,406 square foot warehouse distribution center on such adjacent property i pursuant to City's CRA 781 and a related Concept Plan amendment, t C On February 22, 2005, the City's Planning Commission approved the landscape plan for the adjacent property that included Bixby's proposal to plant citrus on the Bixby 1 Property I r 18441 OQ675MC H0 L.MSUR Wi61221 2 01M/Q8 122 PM j f i D On .lune 6, 2006 Bixby offered to donate the Bixby Property to the City and, on that date, the City'S City Council accepted Bixby's proposal, subject to certain conditions E The City and Bixby now desire to enter into this Agreement to facilitate and provide more specifically for dedication of the Bixby Property to the City, and the development by the City of a citrus grove on the Bixby Property AGREEMENT NOW, THEREFORE, in consideration of the mutual promises contained herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Bixby and the City agree as follows ARTICLE, I Construction of the Citrus Grove 1 Dedication. to Citv Within twenty (20) days after the Effective Date of this Agreement, Bixby shall convey the Bixby Property to the City by grant deed ("Deed."), for the I purposes, and on the terms and conditions set out herein, including the "Reversionary Right", as defined below i 2 Descnntion of Citrus Grove/Imaation System (a) In accordance with the plans of the City, the citrus grove shall consist of Grapefruit trees, fifty percent(50%) of which shall be of the Star Ruby variety, and fifty percent of which shall be of the Rio variety(the"Citrus Trees") The City shall cause the Citrus Trees to be planted on the Bixby Property in a mariner reasonably consistent with citrus industry i standards and practices for the Redlands area, and in accordance with the plan (the "Plan") f 1 provided to the City by Larry,Jacinto Farming, Inc ("Jacinto") 4 e 38441 006iWCHOI MSl1RVI561321 2 01102108€ 22 PM 2 i N In addition to the Citrus Trees, the citrus grove shall bL improved with irrigation lines and related facilities providing water from the City's non-potable water system (the "Irrigation System") The Irrigation System shall be designed and installed by the City and shall provide irrigation sufficient to allow the Citrus Trees to become established and healthy The approximate location of the irrigation System shall be as shown on the Plan 3 Cost Contributions by Bixbv In order to facilitate the development of the citrus grove by the City, and to provide for its maintenance and cultivation by the City, within twenty (20) days after the Effective Date of this Agreement, Bixby shall macre the following payments to the City (a) S 139,650 00 tar the planting of the Citrus Trees, and the planning and installation of the Irrigation System, (b) $126,600 00 for cultural care, water, and management expenses for the five (5) year period comme.nc.ing upon the Substantial completion of the planting of the Citrus Trees and the Installation of the Irrigation System (the"'Maintenance Period"), 1 (c) $52,000 00 as a refundable contingency deposit(the "Contingency I Deposit"), which shall be deposited into an escrow account in accordance with the agreement executed by the Parties and attached hereto as Exhibit"B,"and pursuant to which the City may draw funds for"Approved Purpose",as defined below,and all interest earned on said account E shall be the property of, and distributed to, Bixby I 4 Uw and Distribution of the. Continizenev Deposit The Contingency Deposit shall be used solely for the replacement of Citrus Trees which, notwithstanding that the City has } i provided cultural care for the citrus grove (including appropriate maintenance and repairs if € f needed, of the Irrigation System) in a manner that i,, consistent with the usual and customary i i 19441(i06TMCH0€_44SURV'661221 2 aI1WOa 1 22 RAI 3 i t practices and standards for the citrus industry operating in and around the Redlands area (the "Maintenance Standard"), die during the Maintenance Period (the "Approved Purpose") Prior to drawing on the Contingency Deposit, the City shall provide, in writing, reasonable evidence to Bixby that the conditions for the release of funds have been met Any funds then remaining in the Contingency Deposit account shall be distributed to Bixby on the earlier to occur of(r) reversion of the Bixby Property to Bixby in accordance with the terms hereof, (ii) five (5) years after substantial completion of the installation of the Irrigation System and planting of the trees in the Citrus Grove, or(iii.)July 1, 2013 5 Issuance of Occut7ancv Permit Promptly following the delivery to the City of the Deed and the making of all payments described in Paragraph 3 above the City shall issue an occupancy permit for the approximately 683,406 square foot building occupied as of the date her-cot by Ashley Furniture, and (u) Bixby shall be deemed to have complied with the approved landscape plan submitted by Bixby showing a citrus grove located under the Edison Easement from San Bernardino Avenue to Almond, and to have satisfied A other conditions related to installation of the citrus grove, and shall have no other obligation of any type with respect to jI i Same s 6 Installation and Maintenance The City shall undertake and complete the 1 K installation of the Irrigation System and the planting of the Citrus Trees promptly following the s execution and delivery of this Agreement by all Parties, and the execution and delivery of the r Deed, and the payment of all funds described in Paragraph 3, above, provided that the planting of 1 I the trees may be delayed by the City until the first "Planting Season" for citrus trees, following E the Effective Date of this Agreement, commences As used herein, "Planting Season shall mean the seasonal period during which, consistent with the usual and customary practices and i `I 18")OD67110CHOI I ?iRW61221 2 I. 01e02N3 1 22 RM 4 t t E 7 standards for the citrus industry operating in and around the Redlands area, citrus trees may be safely (i e , without unreasonable expectation of frost or other weather damage) planted Upon commencement of the work described herein, the ( ity shall proceed with due diligence to complete Same, in a goad and workmanlike manner The City shall provide written notice to Bixby of the date that it contends that substantial completion of the installatton of the Irrigation System and the planting of the Citrus Trees has occurred 7 Right of Reverter Upon acceptance by the City of the Bixby, the City shall be wholly responsible for the cultivation and maintenance of the Citrus Trees in a manner consistent with the ,!Maintenance Standard, In that regard, the City will use reasonable efforts to keep and maintain the Bixby Property as a citrus grove In the event the City fails to keep and maintain the Bixby Property as a citrus grove in a manner consistent with the terms of this Agreement, the title to the Bixby Property shall, without any cost or expense to Bixby, revert to, and this right of reverter shall be set forth in the Deed ARTICLE I1 General Provisions 1 8 Effective Date This Agreement Shall not be effective until it has been fully executed and acknowledged by the Parties 9 Assignment The rights, duties and obligations of Bixby hereunder may be l delegated or assigned by Bixby only with the prior written consent of the City The rights, duties f l and obligations of the City may not be delegated or assigned to any private party, but may be I assigned by the City to any agency or commission of the City for the general good of the City and its residents i 1 3$411 0306"INIC HOL.AWR VL561 X21'2 i [71102x08 1 12 PM 5 t 1 10 Running of Benefits and Burdens All provisions of this Agreement, including its benefits and burdens, run with the land and are binding upon and shall inure:to the bc,nefit of and burden the respective successors and assigns of the Parties in whose favor or against who said benefits and burdens are said by this Agreement to run 11 Successors and Assigns Subject to the limitations set forth in Section 2 of this Article 11, this Agreement shall be binding on and inure to the benefit of the Parties.' respective successors and assigns 12 Sin�de Point of Contact The City appoints its Municipal Utilities Director to Serve as the single point of contact with regard to all matters set forth in this Agreement, and Bixby the hereby initially appoints Marls Bixby to serve as the single point of contact with regard to all matters set forth in this Agreement Either Party may appoint a replacement single point of contact at any time by giving notice to the other Party in the manner provided for giving notices cinder this Agreement 13 Notices Any and all notices required or permitted hereunder shall be given in writing and sent by personal delivery, recognized overnight courier(e g, UPS FedEx, Overnight Express) or registered or certified mail, return receipt requested, postage prepaid, addressed as follows To City of Redlands Municipal Utilities Department City of Redlands € 35 Cajon Street, Suite 15A Redlands, CA 92373 Attn Chris Diggs I Telephone No (909) 798-7698 ; i I To Bixby Land Bixby Land Company 2211 Michelson Suite 500 i Irvine,CA 92612 Attn Mark Bixby r Telephone No (949) 336-7000 lRl4l.DOGT.41C HOLMSI€R V L5G 1221 2 i 01102!0$1 2^PM 6 i I With a copy to Western Real.co 500 Newport Center Drive, Suite 630 Newport Beach, CA 92660 Attn Vance C Nlape Celephone No (949) 720-3787 or at any other address or facsimile number designated by a Party in a written notice sent pursuant to this Paragraph 13, and any such notice shall be deemed to have been given as of the date of receipt, it sent by overnight courier, as of the date of delivery, if hand delivered, or as of two(2) business days after the date of mailing 14 Further Assurances Each Party shall execute, acknowledge and deliver to the other such other documents, and shall take such other actions, as the other may reasonably request in order to carry out the intent and purposes of this Agreement 15 Headings The headings in this Agreement are for reference only and shall not limit or define the meaning of any provision of this Agreement 16 Time of Essence Time is of the essence of this Agreement The foregoing to the contrary notwithstanding, if this Agreement requires any act to be done or action to be taken on a date that falls on a Saturday, Sunday or legal holiday, such act or action shall be deemed to have been timely done or taken if done or taken on the next succeeding day that is not a Saturday, Sunday or legal holiday 17 Waiver The waiver by any Party of any right granted under this Agreement shall f r not be deemed a waiver of any other right granted hereun&r,nor shrill the same be deemed to be E i a waiver of a Subsequent right obtained by reason of the continuation of any matter previously i f waived All waivers consents and approvals must be in writing and signed by the Party giving F the same f F G 1 Q,141 0D671hIC'i OLkiSIiRVL5G122i 2 01rOU4 122 i'Ns 7 f P E 18 Entire Agreement This Agreement contains the entire understanding of the Parties with respect to the sublcct matter hereof 19 Amendment This Agreement may not be altered or amended except pursuant to an instrument in writing signed by the Parties 20 Construction This Agreement is the result of negotiations between the Parties Accordingly, the terms and provisions of this Agreement shall be construed in accordance with their usual and customary meanings, and the Parties hereby waive the application of any rule or law that otherwise might require the construction of this Agreement against the Party who (or whose attorney) prepared the executed Agreement 21 Attorneys' Fees In the event of litigation to enforce or interpret any provisions of this Agreement or rights arising hereunder, the prevatling Party, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees (including fees for the use of in-house counsel by a Party) and costs, including those on appeal 22 Governing Law This Agreement shall be governed by and construed in i accordance with the laws of the State of California without regard to the conflict of laws rules applicable in the State of California 23 Counter-Darts This Agreement may be executed to one or more,counterparts, each of which shall be deemed an original, but all of which shall constitute one in the same I instrument, which instrument Shall be deemed fully executed when one or more counterparts 3 I r r have been executed by the Parties r 24 Third Partv Beneficiaries There are no third party beneficiaries to this t Agreement or to any conveyances hereunder Further, each Party to this Agreement may enforce E I i 3R44I ldDb,=NICHQI MSAR'V\5612^I 2 OIJ01 AS E 2'PM 8 i 3 only those burdens and benefits under this AgreemLnt or the conveyances hereunder which are granted by this Agreement to said Party IN WITNESS WHEREOF, the Parties have executed this instrument as of the date first written above CITY CITY OF REDLANDS, a California;muniLlpat corporatioa and general law city By MV r, ,Ton Harrison ATTEST Cif y C rfc, Lorr' Po zer BIXBY Bixby Land Company, a California corporation By Its Suzanne A. Harris By Its _ s �' Marls L Bixby i 1 } i 1 1f� `1 f } 3644E Q0(UMCH0['vVRVU61221 !� pubMN 1 12 PNI 7 i F s ALL-PURPOSE ACKNOWLEDGMENT S I'A rE OF CALIFORNIA ) COUN FY OF SAN BERNARDINO ) SS CITY Of REDLANDS ) By tht. authority granted under Chapter 4, Article 3, Section 1 181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on January 18 2008, before me Teresa Ballinger Assistant City Clerk, on behalf of LOMC Poyser, City Clerk of the City of Redlands, Cal€forriia, personally appeared Jon liarrison, Mayor and Lorne Poyzer, City Clerk who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that ht./she/they executed the same in his/her/their authorized capawty(les) and that by his/her/their signatt€re(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument I e,ertify under PbNALI Y OF PERJURY under the laws of the State of California that the foregoing;paragraph is true and correct \`,`��tttlilli€1!Jl�rr WI l NFSS my hand and official seal r C)V-.R �C9arr���i� LORRIE POYZER, CITY CLERK Cs;: GpPnAgr�o. N By ���!liir 'QC 1 FO RN;�����4``\ Z,/ �rr!!lltttttt►itkx\\� Teresa Ballingei, Assistant Ci Clerk (909)798-7531 i CAPACITY CLAIMED BY S.I.GNER(S) { Individual(s)signing for oneself/themselves { } Corporate Officer(s) Title(s) 44 Company { } Partner(s) € Partnership { } Attorney-in-Fact Principal(s) Y { { Trustee(s) ' Trust r { x} Other Title(s) Mayor and City C Jerk Entity Represented City of Redlands a municipal corporation TI1IS CERTIFICA FE MUS F BE ATTACHED TO TRIM DOCUMENT DESCRIBED BLLOW � 1 itle or Type of Document Dedication Agreement(Mt View Grove) Date of Document January 18, 2008 Stgner(s) Other Than Named Above; Bixby Land Company, by Suzanne A Harris and Mark L Bixby, 1 Vice-Presidents f i i S S CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County ofDO On". before me, 4 1`[ , ert fru Nnnv and T;llo el the ON,., personally appeared ��}� lV � � vie M7 � N, .e(s of S� rts 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 BRIE gtETZ capacity(les) and that by his/her/their signature(s) on the Coo+►Iff 1722780 instrument the person(s), or the entity upon behalf of Nowy tic C&OXWO which the person(s) acted executed the instrument �C Exp"1 2041 t certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNE my nd and,aft seat Signature PiaCe Nclary Seal Abeve 4,;Fre o tt52My 'IC"" OPTIONAL Though the rnformahon below rs not required by law,it mayprove valuable to persons retying an the document and could prevent fraudulent removal and reattachment of this form to another document Descriptio f Attached Document I Title or Type of Docu nt i Document pate Number of Pages i Signer(s) Other Than Named Above \ Capacity(ies)Claimed by Signer(s) ' F Signer's Name _ -- -- igner's Name r individual i ividual t W= Corporate Officer--Title(s) Cor ate Officer—Title(s) c i� Partner— Limited i;General •,, C Partner :Lirmted I]General Q Attorney in Fact E- A€torney in + Top of thumb.esrt3 i rap 0t I Trustee Trustee F1 Guardian or Conservator E,1 Guardian or Conserva U Other Other Signer Is Representing Signer Is Representing E E ii V��s5':'S4'..�f:nN.!aV4HS.:4i'�iA%7.t',.r'r�i�1C•..4:�4.q.GT44c�yF.iL"•4+i',�-'+.�'=M'..Tc.4S.�t:'SIi.=M1c't%'F-4'ciL�"P;.c�:<i:V7,'+.ti�h:�yCse'5.'.=Ci4 N:t/i^'r;,4"'C4'�'Vc�;`�%Gi-R.�r. I 0227 Nutiona?NclaryAssodabon 9350 De Soto Ava Y.O.Box 2402 Chalnworlh,CA Rt973-24172 www.NaticnalNotary.o;0 Etem v.5907 ReordnrCauTotl-Frea t.B0i7-875-6.927 i. r i l~xhib.it "A" L EGAL DESCRIPTION OF BIXBY PROPERTY Parcels Nos 5 and 1.2 of Parcel Map 15911, in the City of Redlands County of San Bernardino, State of California, as shown by Map on file in Book 200, Pages 85 through 92, inclusive in the Office of the County Recorder of said County 1 3 i f i l f c i i i I 3f Exhibit"A„ 38411(X}67?MC.H0LMSVRvt:N6 2i 2 . i 01,'02108 1 2'I'M i i t FORM OF CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated, February 7, 2008, from Bixby Land Company, a California Corporation, to the City of Redlands, a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Redlands pursuant to the authority conferred by Resolution No 6756 of the City Council of the City of Redlands adopted on September 3, 2008, and the grantee consents to recordation thereof by its duly authorized officer DATED December 5, 2008 BY -- Daniel J McHug , City Attorney