HomeMy WebLinkAboutDeeds & Easements_G-2PARKLAND USE AGREEMEN
This Parkland Use Agreement (the "Agr ement") is e ered
into by and between Redlands Security Co pany, a Ca fornia
general partnership ("Grantor") and the it
Redlands
("City") a municipal corporation organized an existing under
the laws of the State of California. This Agreement shall be
effective on and as of the date set forth below.
parry i- al c
A. Grantor is the owner of that certain parcel of land
located in the City of Redlands and described on Exhibit "A"
which is attached hereto and incorporated herein by reference
(the "Land").
B. The Land is immediately adjacent to the Jennie Davis
Park which is owned, maintained and operated for the public
benefit by the City (the "Park").
C. Grant}r now desires to donate the Land to the City for
expansion of the Park, but for no other purpose.
D. The City desires to obtain a gift of the Land from
Grantor and to use the Land to expand the Park.
E. The City has informed Grantor that it may be necessary
to use certain portions of the Land in conjunction with the
City's water drainage system, which use may, at all times or
from time -to -time, interfere with use of all or a portion of
the Land as a public park.
F. City and Grantor now desire to provide for a gift of
the Land to the City for use to Expand the Park, and to provide
for the full benefit of that gift to the Park should any
portion of the Land be used by the City for purposes other than
expansion of the Park, all pursuant to the terms of this
Agreement.
Operative Provisions
NOW THEREFORE, In consideration of the above Recitals and
of the convenants and conditions contained herein, Grantor and
City agree as follows:
I. Donation of Land.
1.1 Concurrently with the execution hereof, Grantor
will convey to the City fee simple title to the Land, subject,
however, the power of termination described in Article II
hereinbelow.
4/S/GQ120-001/1703L 1
1.2 Conveyance of the Land to the City shall be
accomplished by executi-n and delivery to the City of that
certain Grant Deed, a copy of which is attached hereto as
Exhibit "B" and which is incorporated herein by reference.
II. Use of Land By City: Reversion to Grantor.
The City specifically covenants that the Land, or
monies equal to the value of the Land, will be used to improve
and/or expand the Park, which improvement and expansion shall
be in addition to improvement and expansion which would occur
notwithstanding the gift herein described. In furtherance
thereof, and without limiting the generality of the foregoing,
the City specifically acknowledges and agrees that Grantor has
donated the Land to the City for use in expanding the Park, and
for no other purpose. Therefore, the City further specifically
agrees that if the Land, or any portion thereof: shall ever
cease to be used as a City Park, or parking related thereto,
which is open to the public, or shall ever be used, whether at
all times or from time -to -time, as part of or in conjunction
with the City's water drainage system or the Zanja Creek
drainage, or if any portion of such water drainage system or
the Zanja Creek is placed or routed upon any portion of the
Land, or if water is ever spread on any portion of the Land in
conjunction with the City's water drainage system (the
occurrence of any such event being referred to herein as the
"Reversion Contingency"), then and thereupon the conveyance of
the Land to the City shall be null and void and the Land shall,
on demand, revert to Grantor, its successors and assigns, who
shall then have the absolute right to reenter the Land and
repossess the same to the exclusion of all others.
III. Avoidance of Reversion.
3.1 In the event of the occurrence of any Reversion
Contingency, the City may, so far as that Reversion Contingency
is concerned, prevent the exercise of Grantor's right to
reenter as described in Article II above by strictly complying
with the following:
(a) Within 30 days of the occurrence of the
Reversion Contingency, the City shall give written notice to
Grantor of its election to exercise its rights under this
section 3.1. Such notice shall set forth a detailed
description of the portion of the Land which is the subject of
the Reversion Contingency which portion shall be the entire
portion of the Land which is affected by or may reasonably be
expected to be affected by the Reversion Contingency (such area
being referred to herein as the "Affected Portion").
F4
(b) within. 30 days of the occurrence of the
Reversion ContingFncy the City and Grantor shall each determine
their best estimate of the market value of the Affected
Portion, and shall provide that estimate, in writing, to the
other. City and Grantor shall then use their best efforts to
agree on the market value of the Affected Portion within such
30 day period. If Grantor and City cannot agree upon the
market value of the Affected Portion within such 30 day period,
they shall then seek to immediately agree on an appraiser or,
if they cannot agree within 20 days, either may petition the
presiding judge of the San Bernardino Superior Court for
designation of an independent real estate appraiser. The
appraiser so selected shall immediately undertake to conduct a
market-value appraisal of the Affected Portion. The value
arrived at by such appraiser shall be binding on City and
Grantor for purposes of this section 3.1. If such value is
less than, equal to, or exceeds, by less than 5%, the value set
forth in the City's written estimate of the value, Grantor
shall pay the cost of the appraiser. Otherwise, the City shall
pay the cost of such appraisal.
(c) within 60 days of the agreement by City and
Grantor on the market value of the Affected Portion or within
60 days of the obtaining of an appraisal, as the case may be,
the City shall deposit into a segregated, interest bearing
account at a bank or savings and loan association a sum equal
to the agreed upon or appraised value, as the case may be, of
the Affected Portion.
(d) The sum deposited into an account pursuant
to section 3.1(c) above, plus all interest accrued thereon,
shall be used, within 18 months of the deposit of such sum into
the account, to pay for capital improvements at the Park which
have not already been budgeted by the City. Such amounts shall
not be used for maintenance of the park, for any part of the
Park's normal operation budget, to pay any debt incurred in
providing prior capital improvements, for improvement or
maintenance of any other City property, nor for any other
purpose except capital improvements at the Park.
3.2 After following the procedures set forth in
section 3.1 above as to the Affected Portion all of the Land
except such Affected Portion shall remain subject to all of the
provisions hereof including, without limitation, Article II and
section 3.1 hereinabove.
IV. Miscellaneous Matters.
4.1 The City specifically covenants to Grantor that
all necessary approvals to the execution of this Agreement have
3
been obtained and that this Agreement, when executed by the
City and Grantor as provided hereinbelow, shall conutitute the
legal, valid, and binding obligation of the City in accordance
with the terms hereof.
4.2 This Agreement is entered into in the City of
Redlands, County of San Bernardino, State of California and
shall be governed by the laws of the State of California. Any
litigation concerning this Agreement between the parties hereto
shall be instituted and prosecuted in the Courts in San
Bernardino County, California, and the parties waive any right
to a change of venue.
4.3 Nothing contained in this Agreement including,
without limitation, Articles II and III above, is intended as,
nor shall any provision hereof be interpreted as, a limitation
on the remedies available in the event of a breach hereof. In
the event of a breach, the aggrived party may, in lieu of the
remedies set forth herein, bring an action in a court of
competent jurisdiction. In the event such an action is
brought, the parties hereto specifically agree that monetary
damages would be extremely difficult or impossible to assess,
and that monetary damages will not adequately compensate the
aggrieved party. The parties, therefore, agree that in the
event of a breach, the court may award specific enforcement or
other equitable remedies to redress such breach and to, as much
as possible, give the aggrieved party the full expected benefit
of this Agreement.
4.4 In the event of any litigation between the
parties hereto with respect to the subject matter hereof, the
prevailing party in such action, in addition to whatever other
remedies the Court may deem proper, shall be entitled to an
award of reasonable attorney's fees and costs incurred on the
prosecution of such action.
4.5 This Agreement shall be binding on the parties
hereto and their respective heirs, successors, and assigns, and
any reference to the City or Grantor herein shall be deemed to
include their heirs, successors and assigns.
4.6 The City specifically covenants that it will, at
any time, execute any documents required by the Internal
Revenue Service or otherwise reasonably requested by Grantor to
document the gift to the City herein described or to allow
Grantor and/or the partners thereof, to take a charitable
deduction for reason of such gift.
4
IN WITNESS WHEREOF, the parties have executed this
Agreement to be effective this /L day of December, 1986.
"Grantor"
REDLANDS SECURITY COMPANY,
a California a1
By
Arthur Gre or ,Vik
General Partner
"City"
THE CITY OF REDLANDS, a
California municipal
corporation
By:
It : C'i ty_ Manager
And
Its.
ri C1
5
That portion of Block 29, BARTON RANCH, in the City of Redlands,
County of San Bernardino, State of California, as per plat re-
corded in Book 6 of Maps, Page 19, records of said County,
described as follows:
COMMENCING at the intersection of the centerline of New York
Street and the South line of the North 1/2 of said Block 29,
produced Westerly; thence North 01 43' 15" West along the center-
line of said New York Street, 320.00 feet to the TRUE POINT OF
BEGINNING; thence North 89° 54' 32" East parallel with the afore-
said South line of the North 1/2 of Block 29, 616.00 feet; thence
North 00 43' 15" West parallel with the centerline of said New
York Street, 80.00 feet to a point on the North line of the South
400 feet of said North 1/2 of Block 29 of the BARTON RANCH; thence
South 890 54' 32" West along the North line of the South 400 feet
of said North 1/2 of Block 29, 616.00 feet to a point on the
centerline of said New York Street; thence South 0° 43' 15" East
along the centerline of New York Street, 80.00 feet to the point
of beginning.
EXCEPTING therefrom the Westerly 40 feet lying within New York Street.
SUBJECT to a 15 foot wide drainage easement, the centerline of
said 15 foot wide drainage easement being described as follows:
COMMENCING at the intersection of the centerline of New York
Street and the South line of the North 1/2 of said Block 29,
produced Westerly; thence North 00 43' 15" West along the center-
line of said New York Street, 320.00 feet; thence North 890 54'
32" East along a line parallel with the aforesaid South line of
the North 1/2 of Block 29, a distance of 530.00 feet to the TRUE
POINT OF BEGINNING of said easement; thence at right angles North
01 05' 28" West 80.00 feet to the Northerly terminus of said
easement.
EXCEPTING therefrom that portion conveyed to the City of Redlands
by deed recorded December 23, 1935 in Book 1108, Page 367,
Official Records of said County, described as follows:
BEGINNING at a point on the East line of New York Street, said
point being the Northwest corner of the South 400 feet of the
West 853.30 feet of the North 1/2 of said Block 29; thence along
the North line of the aforesaid South 400 feet, East 50 feet;
thence Southwesterly 54.60 feet to a point on the East line of
New York Street; thence along the East line of New York Street
North 22 feet to the point of beginning.
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
REID & HELLYER (JKM)
A Professional Corporation
599 N. Arrowhead Avenue
San Bernardino, CA 92412
Assessor's Parcel No:
171-021-02
GRANT DEED WITH POWER OF TERMINATION
This indenture is made this llth day of December, 1986,
between Redlands Security Company, a general partnership
("RSC"), and the City of Redlands, a California municipal
corporation (the "City").
WHEREAS, RSC is seized in fee simple of that parcel of real
property which is described on Exhibit "A" attached hereto
and incorporated herein by reference (the "Land");
WHEREAS, the Land is immediately adjacent to the Jennie
Davis Park (the "Park") which is owned, maintained and
operated for the public benefit by the City and which is
now located upon land previously donated to the City by
Arthur Gregory, Sr.;
WHEREAS, RSC now wishes to honor Arthur Gregory, Sr. by a
gift of the Land from RSC to the City for expansion of the
Park, but for no other purposes;
WHEREAS, RSG and the City have entered into a "Parkland Use
Agreement" (the "Agreement"), of even date herewith,
concerning RSC's gift of the Land and the City's use
thereof.
NOW, this indenture witnesseth as follows:
1. Grant of Real PropertY.
RSC does hereby grant the Land to the City and its
successors and assigns on the condition subsequent that the
Land shall be used by the City only in expanding the Park, and
for no other purpose, as provided in the Agreement which is
incorporated herein by reference.
2. Power of Termination.
RSC expressly reserves for itself and its successors
and assigns a Power of Termination so that if the City, or its
successors and assigns, shall ever cease to use the Land for
Public Park purposes as provided in the Agreement, or be in
material breach of any provision of the Agreement, then, RSC,
or its successors and assigns, may re-enter the Land.
3. Exceptions to the Grant.
in addition to the Power of Termination created
herein, this Grant shall be subject to:
EXEMPT FROM STATE AND LOCAL REAL
PROPERTY/SUPPLEMENTAL TAXES
3/S/R0014-001/0269V 1
pt LtFT P
a. General and special taxes which are a lien, if
any;
b. Bonds and assessments of record, if any;
C. Covenants, conditions, restrictions,
reservations, rights -of --way and easements of
record, if any;
d. The effect of the Agreement.
4. Obsolescence of Power of Termination.
By acceptance of this conveyance, the City covenants
and agrees that, because this conveyance is made in honor of
Arthur Gregory, Sr., the Power of Termination created herein
shall be of actual and substantial benefit to the holder of
such Power and such Power shall not become obsolete, as defined
in California Civil Code S885.040, during the life of any of
the natural partners of RSC or so long as such Power is held by
the kin, by blood or by marriage, of any of such natural
partners.
5. Exercise of Power of Termination.
Exercise of the Power of Termination created herein,
or avoidance thereof, shall be governed by the Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands
on the date and year first above written.
REDLANDS SECURITY COMPANY,
a California general partnership
By
THE CITY OF REDLANDS, a California
municipal corporation
By:
Its:
And:
Its:
PYMPIT D
Park A parkland use agreement between the City and Redlands
Agreement Security Company was reviewed and reference to the use of the
land in Page 2, Section II, was clarified to reflect the property
Parkland could also be used for parking for its related uses.
Donation Councilmember Wormser moved to approve the Parkland Use
Agreement between Redlands Security Company and the City of
Redlands as amended and to accept the gift of land (Parcel No.
171-021-02) from Messrs. Art Gregory, Jr. and Bill Gregory.
Motion seconded by Councilmember Johnson and carried by AYE
votes of all present. On behalf of the citizens of Redlands,
Council expressed its gratitude for this generous gift.
Hospital Dr. James D. Hook, Redlands Community Hospital, requested
Construction Council to consider allowing the hospital to obtain funds
Bond Issue through Certificates of Participation issued by the City of
Redlands which would involve a lease! -'ease --back of the hosptial
facility to the City. Under the Certificates of Participation
arrangement, the credit of the City would not be affected and
the City would have no obligation for payment of the lease
costs. Councilmember Johnson moved to authorize City staff to
work with the Redlands Community Hospital to see if this is the
most profitous route for the . hospital with the understanding
that there would be no net cost to the City; that the
underwriters' cost would be paid out of the cost of issuance;
and that the City's legal counsel would review the issue. Motion
seconded by Councilmember Wormser and carried by AYE votes
of all present.
Audit On motion of Councilmember Larsen, seconded by Councilmember
Wormser, Council accepted and ordered filed by AYE votes of
all present the audit for the City for fiscal year 1985-86 as
prepared by Soren, Ahern, Christenson, Bartells, and Walloch,
CPA's.
Resolution Resolution No. 4212, a resolution of the City Council of the
No. 4212 City of Redlands authorizing execution and delivery by the City
of installment sale agreement and trust agreement, approving
Sewer purchase agreement and approving and authorizing delivery of
Facilities preliminary of iciai statement and otficial statement with respect
Improvement to the issuance and sale of Certificates of Participation (City of
Project Redlands Sewer Facilities Improvement Project) , appointing
trustee and authorizing issuance of such Certificates in an
amount not to exceed $18,000,000.00, was adopted by AYE votes
of all present on motion of Councilmember Larsen, seconded by
Councilmember Wormser.
Agreement
On motion
of Councilmember Larsen, seconded by Councilmember
DeMirjyn,
a cooperative agreement between the City
of
Street
Redlands,
City of Loma Linda, and San Bernardino County
for
Improvements
consulting
services for the design of improvements to
the
intersection of Redlands Boulevard and California Street
was
Funds
unanimously approved and the Mayor authorized to sign
on
December 16, 1986
Page seven -
COUNTY OF SAN BERNARDINO
PRELIMINARY CHANGE OF OWNERSHIP REPORT
(To be completed by transferee (buyer) prior to transfer of subject in accordance with Section
480.3 of the Revenue and Taxation Code.)
SELLER: Redlands Security Company, a general partnership
BUYER: City of Redlands
A. P. #(s): 171-021-02
LEGAL DESCRIPTION: Attached as Exhibit 'W'
ADDRESS (If Improved): N/A
MAIL_ TAX INFORMATION TO: Name City of Redlands
P.O. Box 280
Address: 30 Cajon Street
Redlands, California 92373
FOR RECORDER'S USE ONLY
� ��) Lt -e b Lam1' f Q I l
The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the San
Bernardino County Assessor. For further information on your supplemental roll obligation, please call the San Bernardino County
Assessor at (714) 383-2661.
Transfer Information:
A. Was this transfer solely between husband and wife, addition of a spouse, death of a spouse,
a. (
} YES
b. (xx) NO
divorce settlement, etc.?
B. Was this transaction only a correction of the name(s) of the person(s) holding title to the property?
a. (
) YES
b. (xx) NO
C. Was this document recorded to create, terminate, or reconvey a lender's interest in the property?
a. (
} YES
b. (XX) NO
D. Was this transaction recorded only to create, terminate, or reconvey a security interest
a. (
) YES
b. (xx) NO
(e.g. cosigner)?
E. Was this document recorded to substitute a trustee under a deed of trust, mortgage, or other
a. (
} YES
b. (xx) NO
similar document?
F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as
a. (
) YES
b. (XX) NO
one of the joint tenants?
G. Does this transfer return property to the person who created the joint tenancy (original transferor)?
a. (
) YES
b. (xx) NO
H. Is this transfer of property:
a. to a trust for the benefit of the grantor?
a. (
) YES
b. (xx) NO
b. to a revocable trust?
a. (
) YES
b. (xx) NO
c. to a trust from which the property reverts to the grantor within 12 years?
a. (
) YES
b. (xx) NO
I. If this property is subject to a lease, is the remaining lease term 35 years or more including
a. (
) YES
In. (xx) NO
written options?
J. If this transfer is excluded from a change in ownership as defined in Section 62 of the Revenue and
Taxation Code for any
reason other than those listed above, set forth the specific exclusion claimed: (gift to tax
exempt
entity)
IF YOU HAVE ANSWERED "NO" TO QUESTIONS A THROUGH I, INCLUSIVE, AND HAVE NOT CLAIMED ANY OTHER
EXCLUSIONS UNDER J, PLEASE COMPLETE BALANCE OF FORM. OTHERWISE SIGN AND DATE.
2. Type of Property Transferred
a. ( ) Single-family residence e, ( ) Mobilehome
b. ( ) Multiple -family residence (no. of units: ) f. ( } Unimproved lot
C. ( } Co-op g. ( } Commercial/lndusirial
d. ( ) Condominium h. ( ) Other (description:_
SK ASE) AH 502-A FRONT (3685)
3. a. Cash Downpayment or Value of Trade (excluding closing cost):
$
b. 1st Deed of Trust at % interest for years. Amount
$
( } Fixed Rate ( ) Variable Rate
{ ) New Loan { } Assumed Existing Loan Balance
{ ) FHA ( ) Finance Company
( ) Cal -Vet (. ) Savings & Loan
( ) VA ( ) Loan Carried by Seller
( ) Bank { ) All Inclusive
Balloon Payment { ) Yes ( } No
$
c. 2nd Deed of Trust at % interest for years. Amount
$
( ) Fixed Rate ( ) Variable ' Rate
{ ) New Loan ( ) Assumed Existing Loan Balance
( ) Loan Carried by Seller ( ) Balloon Payment { ) Yes ( ) No:
$
d. Was other type of financing involved not covered in (b) or (c) above?
a. ( } YES
b. ( } NO
Type — at iib interest for years. Amount
$
( ) Fixed Rate ( ) Variable Rate
( ) New Loan ( ) Assumed Existing Loan Balance
( ) Loan Carried by Seller ( ) Balloon Payment ( ) Yes ( ) No:
$
e. Improvement Bond:
a.( ) YES
b. ( ) NO
Outstanding Balance: Amount
$
f. Total Purchase price or Acquisition Price, if Exchanged:
$ GIFT
4. Was any personal property included in the purchase other than a mobilehome subject to local
a. ( ) YES
b. ( X) NO
property tax?
If yes, enter amount and attach itemized list of personal property.
c. Amount $
5. Transfer is by:
a. (XX) Deed; b. ( ) Contract of Sale;
c. ( ) Foreclosure; d.( ) Other -Explain;
6. Was only a partial interest in the property transferred?
a. ( ) YES
b. (KX) NO
If "YES" indicate the percentage transferred.
7.' a. ( ) Date of Transfer or b. ( ) If an inheritance, Date of Death
8. Is, or will, the property (be) producing income?
a. ( ) YES
b. (XX) NO
9. If answer to Question 8 is yes, is income pursuant to:
a. ( ) Lease; b. ( ) Contract;
c. { ) Mineral rights; d. ( ) Other -Explain:
10. Did the transfer of this property involve the trade or exchange of other real property?
a. ( ) YES
b. ( ) NO
11.' Is this property intended as your principal residence:
a. ( ) YES
b. (xy,) NO
If yes, enter date of occupancy or intended occupancy
'it this date wN be the same as the recording date, anter "See Recording Dare".
I certify that the foregoing is true, correct and complete to the best of my knowledge and belief.
Signed EdA Date: December 29
1986
ew er rporate icer)
Address if othe than above As above
Phone No. Where you are available from 8:00 a.m.-5:00 p.m ( 714 ) 798-7510
(NOTE: The Assessor may contact you for further Information.)
If a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent filing
of a preliminary
change of ownership report, the recorder may charge an additional recording fee of twenty dollars ($20).
The additional fee shall not be
charged it the document is accompanied by an affidavit that the transferee is not a resident of California.
AFFADAVIT OF NON-RESIDENT TRANSFEREE
The Transferee (buyer) named above is a resident of _ and not a resident of the State of California.
Signed Date:
(New Owner/Corporate Officer)
SBE -ASD AH 502-A BACK (M45)
portion of Block 29, BARTON RANCH, in the City -of Redlands,
StatThat p per plat re -
County of San Bernardino, Pagee19, records nofrsaid Couty,
corded in Book 6 of Maps, g
described as follows:
COMMENCING at the intersection of the centerline of New York
Street and the South line of the North 1/2 of said Block 29,
produced Westerly; thence North 0° 43' 15" West along the center-
line of said New York Street, 320.00 feet to the TRUE POINT OF
BEGINNING; thence North 89° 54' 32" East parallel with thehence
afore-
said South line of the North 1/2 of Block 29, 616.00 feet;
North 0° 43' 15" West parallel with the centerline of said New
nt on the North line of the South
York Street, 80.00 feet to a Poi
400 feet of said North 1/2 of Block 29 of the BARTON RANCH; thence
South 891 54' 32" West along the North line of the South 400 feet
of said North 1/2 of Block 29, 616.00 feet to a point on the
centerline of said New York Street; thence South D° 43' 15" East
along the centerline of New York Street, 80.00 feet to the point
of beginning.
EXCEPTING therefrom the Westerly 40 feet lying within New York Street.
E
XEPT SUBJECT to a 15 foot wide drainage easement, the centerline of
ment being described as follows:
said 15 foot wide drainage ease
COMMENCING at the intersection of the centerline of New York
Street and the South line of the North 1/2 of said Block 29,
produced Westerly; thence North 01 43' 15" West
hencealong
Norththe
center-
line of said New York Street, 320.00 feet;
32" East along a line parallel with the aforesaid South line of
f 530.00 feet to the TRUE
the North 1/2 of Block 29, a distance o
POINT OF BEGINNING of said easement; thence at right angles North
0° 05' 26" West 80.00 feet to the Northerly terminus of said
easement.
EXCEPTING therefrom that portion conveyed to the City of Redlands
by deed recorded December 23, 1935 in Book 1108, Page 367,
Official Records of said County, described as follows:
BEGINNING at a point on the East line of New York Street, said
-point being the Northwest corner of the South 400 feet of the
- thence along
_West 853.30 feet of the North 1/2 of said Block East a feet;
the North line of the aforesaid South 400 feet,
thence Southwesterly 54.60 feet to a point on the East line of
New York Street,' thence along the East line of New York Street
North 22 feet to the point of beginning.
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
City of Redlands
Post Office Box 280
Redlands, Calif. 92373
Assessor's Parcel No:
171-021-02
86-400505
f , ErY Cos DEP
11 .A I F�—,=P 22
RECORDED IN
OFFICIAL RECORDS
=85 DEC 30 N 3., 34
SAN E3c.iNA''RDIN0
CO.- CALIF.
Property situate in San Bernardino County
Amount of Documentary Transfer Tax Due $_NQrje . The
consideration or value on which the tax due was computed was
exclusive of va of ail liens or encumbrances remaining
on t mterost or operty C()ed at the time of sale.
nature of party determining the tax or his agent
,k -Consideration less than $100
GRANT DEED WITH POWER OF TERMINATION
This indenture is made this 11th day of December, 1986,
between Redlands Security Company, a general partnership
("RSC"), and the City of Redlands, a California municipal
corporation (the "City").
WHEREAS, RSC is seized in fee simple of that parcel of real
property which is described on Exhibit "A" attached hereto
and incorporated herein by reference (the "Land");
WHEREAS, the Land is immediately adjacent to the Jennie
Davis Park (the "Park") which is owned, maintained and
operated for the public benefit by the City and which is
now located upon land previously donated to the City by
Arthur Gregory, Sr.;
WHEREAS, RSC now wishes to honor Arthur Gregory, Sr. by a
gift of the Land from RSC to the City for expansion of the
Park, but for no other purposes;
WHEREAS, RSC and the City have entered into a "Parkland Use
Agreement" (the "Agreement"), of even date herewith,
concerning RSC's gift of the Land and the City's use
thereof.
NOW, this indenture witnesseth as follows:
1. Grant of Real Property.
RSC does hereby grant the Land to the City and its
successors and assigns on the condition subsequent that the
Land shall be used by the City only in expanding the Park, and
for no other purpose, as provided in the Agreement which is
incorporated herein by reference.
2. Power of Termination.
RSC expressly reserves for itself and its successors
and assigns a Power of Termination so that if the City, or its
successors and assigns, shall ever cease to use the Land for
Public Park purposes as provided in the Agreement, or be in
material breach of any provision of the Agreement, then, RSC,
or its successors and assigns, may re-enter the Land.
3. Exceptions to the Grant.
In addition to the Power of Termination created
herein, this Grant shall be subject to:
EXEMPT FROM STATE AND LOCAL REAL
PROPERTY/SUPPLEMENTAL TAXES
111-0,q,1-09
3/S/R0414-001/0269V 1 ��
a. General and special taxes which are a lien, if
any;
b. Bonds and assessments of record, if any;
C. Covenants, conditions, restrictions,
reservations, rights-of-way and easements of
record, if any;
d. The effect of the Agreement.
4. Obsolescence of Power of Termination.
By acceptance of this conveyance, the City covenants
and agrees that, because this conveyance is made in honor of
Arthur Gregory, Sr., the Power of Termination created herein
shall be of actual and substantial benefit to the holder of
such Power and such Power shall not become obsolete, as defined
in California Civil Code §885.040, during the life of any of
the natural partners of RSC or so long as such Power is held by
the kin, by blood or by marriage, of any of such natural
partners.
5. Exercise of Power of Termination.
Exercise of the Power of Termination created herein,
or avoidance thereof, shall be governed by the Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands
on the date and year first above written.
REDLANDS SECURITY COMPANY,
a California gener partnership
By
THE CITY OF REDLANDS, a California
municipal corporation
By:lll
Its; CityManager
And:
r.
Its: City Clerk
86-400505
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed to
the City of Redlands dated December 30, 1986 , from
Arthur Gregory, Jr.
to the City of Redlands, a governmental agency, is hereby accepted and
the Grantee consents to recordation thereof by its duly authorized officer.
Dated: December 30, 1986 E. 45ke,i,
y Manager, City of Redlands
86-400505
STATE OF CALIFORNIA }
. ss.
COUNTY OF SAN BERNARDINO }
On this 30th day of December, 1986, before me,
B . Sanclez , a Notary Public in and for said County
and State, personally appeared John E. Holmes and Larrie Povzer,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the personswho executed the within
instrument as _ City Manager and City Clerk or on
behalf of the municipal corporation therein named and acknowledged
to me that the municipal corporation executed it.
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN BERNARDINO )
Notary Public in and Tor said
County and State
On this dq' -- day of December, 1986, before me,
Sus'an 'Teresa a Ing , a Notary Public in and for said County
and State, personally appeared Arthur Gregory, Jr.,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) who executed this
instrument on behalf of the partnership and acknowledged to me
that the partnership executed it.
WITNESS my hand and official seal.
"—'
40MMAL REAL)
y
.SUSAN TERESA MLLING
T.
..� a.
NOTARY PUBLIC • CALIFORNIA
SAN BERNARD€NO COUNTY
MY COMMISS€On Expires Sept. 25, 1999
Notary Public in and or said
County and State
Qe400 505
That portion of Block 29, BARTON RANCH, in the City of Redlands,
County of San Bernardino, State of California, as per plat re-
corded in Book 6 of Maps, Page 19, records of said County,
described as follows:
COMMENCING at the intersection of the centerline of New York
Street and the South line of the North 1/2 of said Block 29,
produced Westerly; thence North 0° 43' 15" West along the center-
line of said New York Street, 320.00 feet to the TRUE POINT OF
BEGINNING; thence North 89° 54' 32" East parallel with the afore-
said South line of the North 1/2 of Block 29, 616.00 feet; thence
North 00 43' 15" West parallel with the centerline of said New
York Street, 80.00 feet to a point on the North line of the South
400 feet of said North 1/2 of Block 29 of the BARTON RANCH; thence
South 89° 54' 32" West along the North line of the South 400 feet
of said North 1/2 of Block 29, 616.00 feet to a point on the
centerline of said New York Street; thence South 0° 43' 15" East
along the centerline of New York Street, 80.00 feet to the point
of beginning.
EXCEPTING therefrom the Westerly 40 feet lying within New York Street.
SUBJECT to a 15 foot wide drainage easement, the centerline of
said 15 foot wide drainage easement being described as follows:
COMMENCING at the intersection of the centerline of New York
Street and the South line of the North 1/2 of said Block 29,
produced Westerly; thence North 0° 43' 15" West along the center-
line of said New York Street, 320.00 feet; thence North 890 54'
32" East along a line parallel with the aforesaid South line of
the North 1/2 of Block 29, a distance of 530.00 feet to the TRUE
POINT OF BEGINNING of said easement; thence at right angles North
00 05' 28" West 80.00 feet to the Northerly terminus of said
easement.
EXCEPTING therefrom that portion conveyed to the City of Redlands
by deed recorded December 23, 1935 in Book 1108, Page 367,
Official Records of said County, described as follows:
BEGINNING at a point on the East line of New York Street, said
point being the Northwest corner of the South 400 feet of the
West 853.30 feet of the North 1/2 of said Block 29; thence along
the North line of the aforesaid South 400 feet, East 50 feet;
thence Southwesterly 54.60 feet to a point on the East line of
New York Street; thence along the East line of New York Street
North 22 feet to the point of beginning.
= M E T R O S C A N P R O P E R T Y P R O F I L E_
Sara Bernardino ( CA )
*
*
*
OWNERSHIP INFORMATION
*
*
* Parcel Number :0171 021 11 0000 Parcel Type :Real Property
* Owner
:City Of Redlands
* CoOwner
* Site Address
:*No Site Address*
* Mail Address
:Address Not On File
* Owner Phone
* Tenant Phone
*
*
*
SALES AND LOAN INFORMATION
*
*
* Transferred
:03/01/1986 Loan Amount
* Document #
Lender
* Sale Price
Loan Type
* Deed Type
Interest Rate
* Owned
Vesting Type
*
*
*
ASSESSMENT AND TAX INFORMATION
*
* Land
Exempt Type
* Structure
Exempt Amount
* Other
Tax Rate Area :005002
* Total
00-01xes
* Improved
*
*
*
PROPERTY DESCRIPTION
* Easement
* Map Grid
* Census
:Tract: Block
* Land Use
:0000 Vac,Vacant
* PropType
:INDUSTRIAL
* Legal
:BARTON RANCH PTN N 97.5 FT S 400 FT
*
:W 853.3 FT N 1/2 BLK 29 DESC BEG AT
*
:PT ON N LI SD N 97.5 FT S 4 00 F...
*
*
*
Profile -Page 1 of 2
M E T R O S C A N P R O P E R T Y P R O F I L E
San Bernardino (CA)
****************************************************************************************
*
*
OWNERSHIP INFORMATION
*
*
*
* Parcel Number :0171 021 09 0000 Parcel Type :Real Property
* Owner
:City Of Redlands
* CoOwner
* Site Address
:*No Site Address*
* Mail Address
:PO Box 280 Redlands Ca 92373
* Owner Phone
* Tenant Phone
*
*
SALES AND LOAN INFORMATION
*
*
* Transferred
:12/30/1986 Loan Amount
* Document #
:400505 Lender
* Sale Price
Loan Type
* Deed Type
Interest Rate
* owned
Vesting Type
*
*
*
ASSESSMENT AND TAX INFORMATION
*
*
* Land
Exempt Type
* Structure
Exempt Amount
* Other
Tax Rate Area :005002
* Total
00-01xes
* $ Improved
*
*
*
PROPERTY DESCRIPTION
*
*
* Easement
* Map Grid
* Census
:Tract: Block
* Land Use
:0000 Vac,Vacant
* PropType
:INDUSTRIAL
* Legal
:BARTON RANCH PTN BLK 29 BEG AT
*
:INTERSECTION C/L NEW YORK ST AND S
*
:LI N 1/2 SD BLK 29 PRODUCED WLY ...
*
*
Profile -Page I of 2
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