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HomeMy WebLinkAboutDeeds & Easements_G-391A-55502 RECORDED IN UFII�IAL RECORDS RECORDING REQUESTED BY AND 91 DEC -3 AM I t -" 10 WHEN RECORDED MAIL TO: r SAN BERNARDINO CITY CLERK'S OFFICE Property situate in County of San BeWpNnbY, CALF. City of Redlands Amount of Documentary Transfer Tax Due $_-:Q-* The P. O. Box 3005 consideration or value on which the tax due was computed was exclusive of the: value of all liens or Redlands, CA 92373 encumbrances remaining on the interest or property conveyed at the time of sale. Assessor's Parcel No: ignature ot party determining the tax or his agent *consideration fess than $100.00 GRANT DEED WITH POWER OF TERMINATION This indenture is made this 5th day of June, 1990, 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" and shown on the drawing marked Exhibit "A-1" both of which are 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, the development and maintenance of a portion of a bike trail system, and installation and maintenance of a fully covered and enclosed underground drainage system, 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. Giant 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, developing and maintaining a portion of a bike trail system and installation and maintenance of a fully covered and enclosed underground drainage system for the purpose of carrying storm and irrigation surface drainage, and for no other purpose, as provided in the Agreement which is incorporated herei.Ei 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. EXEMPT FROM STATE AND LOCAL REAL PROPERTY/SUPPLEMENTAL TAXES I/s/R0014-005/GD.1 1 91-455502 3 . Exceptions to the Grant. In addition to the Power of Termination created herein, this Grant shall be subject to: 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. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS REDLANDS SECURITY COMPANY, a California ge partnership By: Arthur Gre b 1,q, t General Parr THE CITY OF REDLANDS, a California municipal corporation By: TL And • i 6 r Its: r -City clerk ,m-455502 On this 5th , day of Jlin , in the year 1990, before me, B. Sanchez, Notary Public, in and for said State, Personally appeared Lorrie Po zerpersonally known to me (or proved tQ me 0 the basis of c-ati sfactory evidence) to be the person who executed the within instrument as City Clerk of the City of Redlands and acknowledge to me that the City of Redlands executed the within instrument. IN nto set my hand and official seal. OR4CAL SEAL SSANCHEZ O Notary SAN BERNARDINO COUFY NM�ExpirB. SANCHEZ ' " "' Jurw 12,1991 My Commission Expires 6/12/91 STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) X1-455502 On this 5th day of June, 1990, before me, B. Sanchez - , 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(rA who executed this instrument on behalf of the partnership and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. OFFICIAL SEAL' B SANCHEZ ° Notary Public -California • SAN BERNARDINO COUNTY * My Commissbn Expires °•„°•• * June 12.1991 STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) Notary Public in and f said County and State On this 5th day of June, 1990, before me, B. Sanchez a Notary Public in and for said County and State, personally appL ed _ Charles G. DeMirjyn , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Mayor of the Qity of BedlandS 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. •;,�; OFFICIAL SEAL Notary Public in and fo said Notary Public -California Y BSANCCount and State � SAN BERNARDINO COUNTY My Commission Expires .e,kO.M • June 12.1991 CERTIFICATE OF ACCEPTANCE 13 *-4502 This is to certify that the interest in real property conveyed to the City of Redlands dated June 5, 1990 f rom Redlands Security Company to the City of Redlands, a governmental agency, and the Grantee consents to r( authorized officer. Dated: November 21, 1991 is hereby accepted i!"X HIBI r A f f 91-455502 �asemeitl yr�om American LegYV17 �o �]Pd�OrlaS 6e--6,1/ Co mly N89°54'32"W -��rQ ® Easemerrl 'Pro , PiedJQrrds Seeun� Comfany �o American Legion QI7ono�ia� From Aedlana'.s . 61W Ifi� ComAaay fo Clly of Aedlanss o O �� N89°54'32"E 9'�d �3 `� 5G•85' �J � moo• O 3 R&-17IANP9 65WVA17Y eOIV,4Ny o AM VIII Q N LEG/DN a Z � 3 •a ti o �l a 16 00' �0 ��J New !olf5 9/Texos +d 275.71' �� Imre NB9"54'32"E 5� Sovlh line N %2 Toch 29 91-455502 That portion of Block 29, BARTON RANCH, in the City of Redlands, County of San Bernardino, State of California, as per plat recorded 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 890 54' 32" East along the South line of said North 1/2 of Block 29, 616.00 feet; thence continuing along the South line of said North 1/2 of said Block 29, 275.71 feet to a point 386.8 feet West of the West line of Texas Street as shown on said map; thence North 01 42' 12" West parallel with the West line of said Texas Street, 290.70 feet to the South right of way line of Redalnds Boulevard, formerly known as Central Avenue and formerly known as Highway 99; thence North 580 15' 45" West along said right of way line, 23.24 feet to the Southeast corner of that certian parcel of land conveyed to the City of Redlands by deed recorded September 28, 1934 in Book 996, Page 195, Official Records of said County, said corner also being the True Point of Beginning; thence South 890 54' 32" West along the South line of the aforesaid parcel conveyed to the City of Redlands, 56.85 feet to an angle point therein; thence North 581 15' 45" West along the Southwesterly line of the aforesaid parcel conveyed to the City of Redlands, 183.41 feet to the most Westerly corner of the aforesaid parcel conveyed to the City of Redlands; thence South 89° 54' 32" West parallel with the South line of the North 1/2 of said Block 29, 44.15 feet; thence South 0° 43' 15" East 56.50 feet; thence North 670 41' 38" East 62.93 feet; thence South 581 15' 45" Fast 227.35 feet; thence North 00 42' 12" West 47.35 feet; thence North 3111 44' 15" East 10.04 feet tc the True Point of Beginning. �4��E1 H r` 'f Efcp.3-31-93 4—(b _ t o' o,t c�ttE�R EXHIBIT "A'• RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK'S OFFICE City of Redlands P. O. Box 3005 Redlands, CA 92373 N� D GRA&TT OF EASEXI N.' S ARID DEC�TION OF 0VENANTq RECORDED IN CE} ,r"A_1_ RF C0RUS 91 SEP 18 N1 2: 14 SAN a,_„rwARFJO COUNTY, C,1# 1F. 91�35su53 This indenture is made this 23rd day of April, 1991, by and Lw t1 T ANDS SECURITY Alii' Cal f i tners, �rei.w2cia nEDLntiu� SEC.�,n�ls COMPANY, Lui11o1111Q yGiacrcai pniL.aici�ILie ("RSC"), and CITY OF REDLANDS, a Municipal corporation ("City"), to be effective upon the date of its recordation. WHEREAS, the City is seized in fee simple of that real property which is described on Exhibit "1A" and shown on the drawing marked Exhibit "1-B" both attached hereto and incorporated herein by reference ("Parking Parcel"); WHEREAS, the City is seized in fee simple of that real property which is described on Exhibit "2A" and shown on the drawing marked Exhibit "2-B" both attached hereto and incorporated herein by reference ("Bike Path Parcel") The Bike Path Parcel and the Parking Parcel are sometimes collectively referred to herein as the "Servient Tenement"; WHEREAS, RSC is seized in fee simple of that real property which is described on Exhibit "3A" and shown on the drawing marked Exhibit "2--B" both attached hereto and incorporated herein by reference ("Dominant Tenement"); WHEREAS, The parties hereto wish to create express easements upon, over, under, and across the Servient Tenement, appurtenant to and for the benefit of the Dominant Tenement, and to declare covenants as herein provided; NOW, this indenture witnesseth as follows: 1. Grant of Easements. 1.1 City does hereby grant to RSC a perpetual and non-exclusive easement ("Use Easement") over and across the Servient Tenement for the benefit of the Dominant Tenement for the following purposes: (i) ingress and egress from the Dominant Tenement to New York Street, (ii) use of improved parking areas (which expression as used herein includes entrances, exits, driveways, and walks) for the parking of vehicles Monday through Friday during normal business hours, and (iii) construction of the 3/S/R0014-006/GRTESMT.CTY m €� Parking Improvements and Bike Path Improvements described in section 3 hereof and the temporary placement of equipment and materials necessary in connection with such construction. The parking use described in clause (ii) of the preceding sentence shall be interpreted in such a manner so that the parking spaces located on the Servient Tenement shall be counted as the additional spaces required for use by the owner of the Dominant Tenement in complying with applicable off-street parking requirements that relate to the construction by RSC of a three story office building on the Dominant Tenement. 2. Covenants of Cid; Maint,enan�ce_of...Easement. City and RSC shall maintain and keep in good repair the parking area and rights-of-way situated on the Servient Tenement and shah keep such areas and rights -of --way striped and clear and free of rubbish and obstructions of every nature. Maintenance of the Easement area shall include, but shall not be limited to, the following: (i) Maintenance of the surface of the improved parking areas and the sidewalks so as to be level, smooth and evenly covered with asphalt or any other type of surfacing material originally on such, or such substitute as will in all respects be at least equal to it in quality, appearance and durability; (ii) Removal of refuse from the Parking Parcel areas, as required. City may work; all paper, debris, litter, filth and and thoroughly sweeping the parking contract with RSC to perform this (iii) Maintenance of parking area entrances, exits, and directional signs, markers and common areas lighting; (iv) Repainting of striping, markers, and directional signs as required; (v) Performance of maintenance of parking landscaping on the Parking Parcel and the landscaping on the Bike Path Parcel as necessary to keep such landscaping in first-class condition and to prevent any condition of overgrowth. The cost of the maintenance set forth in this section 2 shall be paid 33/40th by RSC and 7/40th by City. 3. Covenants of RSC. 3.1 RSC shall, at its sole cost and expense, construct and install on the Servient Tenement the following improvements (herein the "Parking Improvements"); 2 (i) All rough and finish grading; (ii) Curbs and gutters; (iii) Asphalt all areas to be used for parking purposes; (iv) Landscape related to Parking areas on the Parking Parcel; (v) Landscape related to the Bake Path Parcel: (vi) Parking lot lighting (3 each), if required; and (vii) Public access improvements on New York Street. 3.2 RSC shall, at its sole cost and expense, construct and install on the Bike Path Parcel and the Parking Parcel, bike path improvements in accordance with specifications approved in accordance with section 3.4 hereof (herein the "Bike Path Improvements"). 3.3 The Parking Improvements and the Bike Path Improvements shall be constructed by RSC within six (5) months of the date on which RSC has constructed (including installation of tenant improvements) and leased more than 37,000 square feet of space constructed on the Dominant Tenement. Prior to occupancy, a bonding mechanism is to be mutually agreed upon. 3.4 The Parking improvements and Bike Path Improvements shall be in accordance with plans and specifications to be mutually approved by City and RSC. City and RSC agree that such approval will not be unreasonably withheld. Plans for the Parking Improvements are attached hereto as Exhibit "4" which is incorporated herein by this reference. 4. Easements Appurtenant and Covenants to Run With the Land. The Easements granted herein are and shall be appurtenant. The burdens and the benefits of the covenants set forth herein shall run with and be for the benefit of the land and shall be binding upon, and shall inure to the benefit of all persons having or acquiring any right, title, or interest therein and their successors and assigns. 5. Miscellaneous. The recitals hereof and each of the exhibits attached hereto are incorporated herein by reference. 3 IN WITNESS WHEREOF, the parties hereto have set their hands on the date and year first above written. CITY OF REDLANDS, a Municipal. corporation Its: MAYOR REDLANDS SECURITY COMPAII-Y, a California general partnership By: Arthur Gre ory General Pa r 4 STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO } On this 29th day of August B. Sanchez , a Notary and State personally appeared 1991, before me, Public in and for said County Charles G. DeMirjyn personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as City Clerk of the CITY OF REDLANDS, a Municipal corporation, and acknowledged to me that the CITY OF REDLANDS executed it. WITNESS my hand and official seal. STATE OF CALIFORNIA SS. COUNTY OF SAN BERNARDINO ) Notary Public in and f6r said County and State On this 29th day of August , 1991, before me, B. Sanchez , 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 who executed this instrument as General. Partner of and on behalf of'Redlands Security Company, a California general partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. 5 X" < �4�X�ze- � � � Notary Public in and fod County and State Tha.t'portion 'of Block 29, BARTON RANCH, in the City of Redlands, Couy of 'San Eernardino, State of California, as per plat re- . -corded ntded in.Book 6 of Maps.. 'Page 19, records of said County, ."in. as.follows; COMMENCING. at the intersection of the centerline of New York Street 'and_the South Iine of the North 1/2 of said Block 29, produced Westerly;' thence North 0° 43' 1.5" West along tbe center- lirie.of said New York ,Street, 320.00 feet to the 'TRUE POINT OF BEGINNING;., thence North' 8'9-1154' 32" East parallel with the afore-- s.a d'South line of the North 1/2 of Block 29, 616.00 feet; thence I�Iorthv '0:':,,43' 15" West parallel with the centerline of 'said New Yo:rk Str'ee't, 80,.00, f' to a point on the North line o:� the South 400.'eet 'of. said North 1/2 of Block 29 of the BARTON RANCH; :thence So tli 890 54" .32" West along the North line of the South 400 feet `off,.9aid'North 1/2 of Block 29, 616.00 feet to a point on the 'centerl'ine'of said New York Street; thence South 00 43' 15" East .along';the centerline of New York Street, 80.00 feet to the point of begirini ng. `EXCEPTING therefrom the Westerly 40 feet lying within New York Street. SUBJECT':t'o'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."arid' the South line of the North 1/2 of said Block 29, �produced'Westerly; thence North 00 43' 15" West along the center- . -:kine of.' said -New York Street, 32000 feet;. thence North 890 54' .3?"'Ea's't' .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-therefrpin that portion conveyed'to the City of. Redlands by'deed recorded. Deoember 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. HHOIo R. O HnRMIC p No. 2351 Exp. June 30. 1792 ) Wrl'� Exhibit "1A" so, 9. Qt i •o' CITy OF REDLANDS ;JENNIS DAVIS PARK Foy • j7i D CITY OF'REDLANDS PARCEL 2 _ G. /.0 6.10 WAC ki • ryy t REDLANDS SECURITY COMPANY PARCE4 3 1 r.arAc. PARCEL N 1.23 AC: ^ « • 2vs.cc• PAUL J. DANGEFtMOND MONTESSORI SCHOOL - OFFIcCS i NOTE: Correct configuration of Redlands Security Company Parcel is set forth on Exhibit "2B" .1 Exhibit "113" That portion of Block 29, BARTON RANCH, In San Bernardino, State of California, as per Page 19, records of said County, described - the City of Redlands, County of plat recorded In Book 6 of Maps; as follows: COMMENCING at the Intersection of the centerilne of New York Street and the South line of the North 1/2 of said Block 29, produced Westerly; thence North 890 54' 32" East along the South line of said North 1/2 of Block 29, 616.00 feet; thence continuing along the South line of said North 1/2 of said Block 29, 275.71 feet to a point 386.8 feet West of %he West line of Texas Stre_ et as shown on said map; thence North 00 42' 12" west parallel with the West line of said Texas Street, 290.70 feet to the South right of way line of Redainds Boulevard, formerly known as Central Avenue and formerly known as Highway 99; thence North 580 15' 45" West along said right of way line, 23.24'feet to the Southeast corner of that certlan parcel of land conveyed to the City of Redlands by dead recorded September 28, 1934 In Book 995, Page 195, Official Records of said County, said corner also being the True Point of Beginning; thence South 891 54' 32 West along . the South line of the aforesaid parcel conveyed to the City of Redlands, 56.85 feet to an angle point therein; thence North 580 15' 45" West along the Southwesterly line of the aforesaid parcel conveyed to the City of Redlands, 183.41 feet to the most westerly corner of the aforesaid parcel conveyed to the City of Redlands; thence South 890 54' 32" West parallel with the South line of the North 1/2 of said Block 29, 44.15 feet; thence South 00 43' 15 East 56.50 feet; thence North 670 41' 38" East 62.93 feet; thence South 58° 15' 45 East 227.35 feet; thence North 00 42' 12" West 47.35 feet; thence North 310 44' 15" East 10.04 feet to the True Point of Beginning. Ko:93557 r CIVI OF 4 -1b -4o Exhibit "2A" N-. Oil ' _ ©Eosr�nrrrl from A�rcnron Lryon �o fled/arks 6ecvn� Corn�ay © Easraxnl Pram i3edlands Secvn� Com�� N8�'54'32'•W -j�cQ ,Qmenctin Legion '^'�� �5 �� v �•Q�j� ©�a7afiar Irarr lwlaods ,5eOV4 Canpaey a t5' fo Ci /,' 02 bedlonds N 2 �3 '� ��%9�' o $011a 41Y UNE A6RIAMPS BDI/l Ei',fi3y as ti 99, ®r y 0 AAPZANDS SECURITY COMPANY AM -931M ti LE6/ON 0 ti ti 3 o y o i ! a � � � �t5 OD• � 3B�.B" �— 1159 Z79 27971' �/ fo cs int K SA 11ne N %z block 29 Exhibit "2B" P_ 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 890 541 32" East along;,the South line of said North 1/2 of Block 29, 616.00 feet to the TRUE POINT OF BEGINNING; thence continuing along the South line of said North 1/2 of said Block 29, 275.71 feet to a point 386.8 feet West of the West line of Texas Street, as shown on said map; thence North 0° 421 1211 West parallel with the West line of.said Texas Street, 290.70 feet to the South right of way line of Redlands Boulevard, formerly known as Central Avenue and formerly known as Highway 99; thence North 58° 151 45" West along said right of way line, 23.24 feet to the Southeast corner of that certain parcel of land conveyed to the City of Redlands by deed recorded September 28, 1934 in Book 996, Page 195, Official Records of said County; thence South 891 541 32" West along the South line. of the aforesaid parcel conveyed to the City of Redlands, 56.85 feet to an angle point therein; thence North 580 151 45" West along the Southwesterly line of the aforesaid parcel conveyed to the City of Redlands, 183.41 feet to the most ;,xcsterly corner of the aforesaid parcel conveyed to the City,of Redlands; thence South 890 541 32" West parallel with the South line of the North 1/2 of said Block 29, 44.15 feet'to a point which is North 00 431 15" West 400.00 feet from the point of beginning; thence South*00 431 15" East parallel with the centerline of said New York Street 400.00 feet to the point of beginning. 4v 4A�to s�Rb F� `66 HAROLD R. p� `+ HARTY11CK Eq. ]une 30. 1992 QTS OF C AG%F O¢ Exhibit "3A" (Page 1 o; 2) EKCEPTING therefrom: That portion of Block 29, San Bernardino, State of page 19, records of said 1 BARTON RANCH, In the City of Redlands, County sof California, as per plat recorded In Book 6 of Maps, County, described as follows: COMMENCING at the Intersection of the centerllne of New York Street and the ence North South Sine of the North 1/2 of said Block 29, produced Westerly; 890 54' 32" East -along the South line of said North 1/2 of Block 29, 616.00 feet; thence continuing along the South line of said North 1/2 of said Block 29, 275.71 feet to a point 386.8 feet West of the West line of Texas Street as shown on said map; thence North 00 42' 12" West parallel with the West line -of said Texas Street, 290.70 feet to the South right of way line of Redainds Boulevard, formerly known as Central Avenue and formerly known as Highway 99; thence North 58° 15' 45" West along said right of way line, 23.24'feet to the Southeast corner of that certlan parcei of land conveyed to the City of Redlands by deed ecolydded September 28, 1934 In Book 996, Page 195, Official Records of said County, corner also being the True Point of Beginning; thence South 891 54' 32" West along the South line of the aforesaid parcel conveyed to the City of Redlands, 56.85 feet to an angle point therein; thence . North 580 15' 45" West alongthe Southwesterly line of the aforesaid parcel conveyed to the City of Redlands, 83 .41 feet to the most Westerly corner. of the aforesaid parcel conveyed to the City of Redlands; thence South 890 54' 32" West parallel with the South line of the North 1/2 of said Block 29, 44.15 feet; thence South 0° 43' 15' East 56.50 feet, thence North 670 41' 38" East 62.93 feet; thence South 580 15' 45" East, 227.35 feet; thence North 00 42' 12" West 47.35 feet; thence North 310 44' i.5 ' East 10.04 feet to the True Point of Beginning. Sim A. LW Tio.13537 0 civil, o� � 4 -(b -co ax Exhibit "3A" (Page 2 of 2) P 1tY phili lit " �^ a3■ t � t h�unniueYu R� FIT Kenneth fi King rt�R»sNw 1 REOLAnS 7RCVRITT COMPANY *1 ,.Q. E30 C.wi Enpn.n act tlu� itbLANbE, CRLS!'dRNIA Y17373 #Et N• RE LANDS RLV ATTN7 ART CRLOORT SR. O. �6�eV.1�Aw. REDLANDS. CALIrORNIA R.arriG .,j Exhibit "4" o rrea affi� RECORDING REQUESTED BY: Community Services Dept. WHEN RECORDED RETURN TO: City Clerk's Office City of Redlands P. 0. Box 3005 Redlands, CA 92373 1FEE NSYS .37KO►R 4LNNT sY i S__ i_ TT D GRANT OF EASEMENTS AND DECLARATION OF COVENANTS REJ00RDED IN OFFICIAL RECORP.-. 1990 AUG -Z Ajq /o.•/B SAID BERNARDINO CO.- CALIF. This indenture is made tips 9t.1l Clay of July, i93v by and between Redlands Security Company, a California general partnership ("RSC"), and City of Redlands, a municipal corporation ("City"), to be effective upon the date of its recordation. WHEREAS, the City is seized in fee simple of that real property which is described on Exhibit 111A" and shown on the drawing marked Exhibit "1-B" both attached hereto and incorporated herein by reference ("Servient Tenement"); WHEREAS, RSC is seized in fee simple of that real property which is described on Exhibit 112A" and shown on the drawing marked Exhibit 111-B" both attached hereto and incorporated herein by reference ("Dominant Tenement"); WHEREAS, the parties hereto wish to create express easements upon, over, under, and across the Servient Tenement, appurtenant to and for the benefit of the Dominant Tenement, and to declare covenants as herein provided; NOW, this indenture witnesseth as follows: 1. Grant of Easements. City does hereby grant to RSC a perpetual and non - exclusively easement ("Easement") over and across the Servient Tenement for the following purposes (i) ingress and egress from the Dominant Tenement to New York Street, (ii) use of improved parking areas (which expression as used herein includes entrances, exits, driveways, and walks) for the parking of vehicles Monday through Friday during normal business hours, and (iii) construction of the Parking Improvements and Trail Improvements described in Section 3 hereof and the temporary placement of equipment and materials necessary in connection with such construction. The parking use described in clause (ii) of the preceding sentence shall be interpreted in such a manner so that the parking spaces located on the Servient Tenement shall be counted as the additional spaces required for use by the owner of the Dominant Tenement in complying with applicable off-street parking requirements that relate to the construction by RSC of a three story office building on the Dominant Tenement. r yr �i.tx.e •.c v� �.t l.� rl _L 1VC:1LGLilC+C UL 4. Citir and RSC shall, at a shared cost, maintain and keep in good repair the parking areas and bit atzd ::. the Servient Tenement and shall keep such areas and rights-of-way striped and clear and free of rubbish and obstructions of every nature. Maintenance of the Easement area shall include, but shall not be limited to, the following: _3 50 (i) Maintenance of the surface of the improved parking areas and the sidewalks so as to be level, smooth and evenly covered with asphalt or any other type of surfacing material originally on such, or such substitute as will in all respects be at least equal to it in quality, appearance and durability; (ii) Removal of all paper, debris, litter, filth and refuse from the Servient Tenement and thoroughly sweeping the parking areas, as required. City may contract with RSC to perform this work; (iii) Maintenance of parking area entrances, exits, and directional signs, markers and common areas lighting; (iv) Repainting of striping, markers, and directional signs as required; (v) Performance of maintenance of landscaping as necessary to keep such landscaping in first-class condition and to prevent any condition of overgrowth. The formula for shared cost maintenance is as follows. RSC to pay for 33/40 of cost. City to pay for 7/40 of cost. 3. Covenants of RSG. A. RSC shall, at its sole cost and expense, construct and install on the Servient Tenement the following improvements (herein the "Parking Improvements"), (i) All rough and finish grading; Curbs and gutters; (iii) Asphalt all areas to be used for parking purposes. (iv) Landscape related to parking areas. (v) Parking lot lighting (3 each), if required (vi) Public access improvements on New York Street (vii) Trail extended to New York B. RSC shall, at its sole cost and expense, construct and install on the Servient Tenement trail improvements in accordance with specifications approved in accordance with Section 3D hereof (herein the "Trail Improvements"); C. The Parking Improvements and the Trail Improvements shall be constructed by RSC within six (6) months of the date on which RSC has constructed (including installation of tenant improvements) and leased more than 37,0000 square feet of space constructed on the Dominant Tenement. Prior to occupancy, a bonding Mechanism is to be mutually agreed upon. D. The Parking Improvements and Trail Improvements shall be in accordance with plans and specifications to be mutually approved by City and RSC. City and RSC agree that such approval will not be unreasonably withheld. Initial plans for the Parking Improvements are attached hereto as Exhibit "C" which is incorporated herein by this reference. 4. Easements Appurtenant and Covenants to Run With the Land. The easements granted herein are and shall be appurtenant. The burdens and the benefits of the covenants set forth herein shall run with and be for the benefit of the land and shall be binding upon, and shall inure to the benefit of, all persons having or acquiring any right, title, or interest therein and their successors and assigns. 5. Miscellaneous. The recitals hereof and each of the exhibits attached hereto are incorporated herein by reference. IN WITNESS WHEREOF the parties hereto have set their hands on the date and year first above written. CITY OF REDLANDS, a municipal corporation/ By.'' Title_ Mayor REDLANDS SECURITY MPANY, a e. -al partnership By t r Gr or , Genei Partner STATE OF CALIFORNIA SS COUNTY OF SAN BERNARDINO On this 7th _, day of _ ,7„ly —F in the year _1990 before me, B. Sanchez, Notary Public, in and for said State, personally appeared Arthur Gregory personally known to me (or proved to me on the basis of satisfactory evidence) to be the person Xs4 who executed the within instrument on behalf of the partnership and acknowledged to me that the partnership executed. IN W �'. T hr�ra�3n OFFICIALSEAL 8 SANCHEZ Notary Public -California " SAN BERNARDINO COUNTY ° My Commlnion Expire3 . June 12.1991 STATE OF CALIFORNIA } ) SS COUNTY OF SAN BERNARDINO ) o set my hand and official seal. B. SANCHEZ My Commission Expires 6/12/91 On this 17th day of , in the year 199n , before me, B. Sanchez, Notary Public, in and for said State, personally appeared hart D - , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) who executed the within instrument as Mayor of the City of Redlands and acknowledge to me that the City of Redlands executed the within instrument. IN WITNE et my hand and official seal. ., OFRCIAL SEAL 4 e SANCHEZ Notary Publlc•CaliCalifornla SAN BERNARDINO COUNTY My Commislon Expires B. SANCHEZ ... Jt 12,1991 My Commission Expires 6/12/91 90-806509 That portion -'of Block 29, BARTON RANCH, in the City of Redlands, Cunoty-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 00 43' 15" West along t�le center - 13 -he -of said New York Street, 320.00 feet to the TRUE POINT OF BEGINNING;.thence North 89-0 54' 32" East parallel with the afore- sai.d South line of the North 1/2 of Block 29, 616.00 feet; thence Nort1i­0,0:,,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 ,x.00`"feet'of.said North 1/2 of Block 29 of the BARTON RANCH; thence South 890 54' 32" West aldng the North line of the South 400 feet of:said'No,th 1/2 of Block 29, 616.00 feet to a point on the centerl'ine'of said New York Street; thence South 01' 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. SOJECT`.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' ?"'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 -therefrpin that portion conveyed to the City of. Redlands by deed recorded DeOember 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 853,50 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 Southwdsterly 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 oint of beginning. LAND SG G 9 F HAROLD R. � HARTW ICK p .� No. 2351 Exp. lune 30. 1992 �rF CP CA4 tiF0¢`, Exhibit "TA" That portion of Block 29, BARTON RANCH, In San Bernardino, State of California, as per Page 19, records of said County, described the City of Redlands, County of plat recorded In Book 6 of Maps, as follows: COMMENCING at the intersection of the centerilne of New York Street and the South line of the North 1/2 of said Block 29, produced Westerly; thence North 890 54' 32" East along the South line of said North 1/2 of Block 29, 616.00 feet; thence continuing along the South line of said North 1/2 of said Block 29, 275.71 feet to a point 386.8 feet West of the West line of Texas Street as shown on said map; thence North 01 42' 12" West parallel with the West line of said Texas Street, 290.70 feet to the South right of way line of Redainds Boulevard, formerly known as Central Avenue and formerly known as Highway 99; thence North 5811 15' 45" West along said right of way line, 23.24'feet to the Southeast corner of that certlan parcel of land conveyed to the City of Redlands by deed recorded September 28, 1934 in Book 996, Page 195, Official Records of said County, said corner also being the True Point of Beginning; thence South 891, 54' 32" West along the South line of the aforesald parcel conveyed to the City of Redlands, 56.85 feet to an angle point therein; thence North 580 15' 45" West along the Southwesterly line of the aforesaid parcel conveyed to the City of Redlands, 183.41 feet to the most Westerly corner of the aforesaid parcel conveyed to the City of Redland,; thence South 890 54' 32" West parallel with the South line of the North 1/2 of said Block 29, 44.15 feet; thence South 01 43' 15" East 56.50 feet; thence North 670 41' 38" hast 62.93 feet; thence South 580 15' 45" East 227.35 feet; thence North 00 42' 12" West 47.35 feet; thence North 310 44' 15" East 10.04 feet to the True Point of Beginning. Exhibit "1A" �4���"Cli I3,��� � y NO. 13W G chill. 4 - f b -4 o OF CF,L1F4 90-306509 EXCWrING therefrom: That portion of Block 29, BARTON RANCH, in the City of Redlands, County of San Bernardlno, State of California, as Ger plat recorded 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 89° 54' 32" East along the South line of said North 1/2 of Block 29, 616.00 feet; thence continuing along the South line of said North 1/2 of said Block 29, 275.71 feet to a point 386.8 feet West of the West line of Texas Street as shown on said map; thence North 01 42' 12" West parallel with the West line of said Texas Street, 290.70 feet to the South right of way line of Redalnds Boulevard, formerly known as Central Avenue and formerly known as Highway 99; thence North 58° 15' 45" West along said right of way line, 23.24 feet to the Southeast corner of that tertian parcel of land conveyed to the City of Redlands by deed recorded September 28, 1934 in Book 996, Page 195, Official Records of said County, said corner also being the True Point of Beginning; thence South 890 54' 32" West along the South line of the aforesaid parcel conveyed to the City of Redlands, 56.85 feet to an angle point therein; thence 'North 580 15' 45" West along the Southwesterly line of the aforesaid parcel conveyed to the City of Redlands, 183.41 feet to the most Westerly corner of the aforesaid parcel conveyed to the City of Redlands; thence South 890 54' 32" West parallel with the South Eine of the North 1/2 of said Block 29, 44.15 feet; thence South 0° 43' 15" East 56.50 feet; thence North 670 41' 38" East 62.93 feet; thence South 580 15' 45" East 227.35 feet; thence North 01 42' 12" West 47.35 feet; thence North 310 44' 15" East 10.04 feet to the True Point of Beginning. Exhibit „aV a r,._ r too. 1= � MPI "4* civil, 4-(b_�o 0rCAL1E��' 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 89° 54' 32" East along the South line of said North 1/2 of Block 29, 616.00 feet to the TRUE POINT OF BEGINNING; thence continuing along the South line of said North 1/2 of said Block 29, 275.71 feet to a point 386.8 feet West of the West line of Texas Street, as shown on said map; thence North 01 42' 12" West parallel with the West line of said Texas Street, 290.70 feet to the South right of way line of Redlands Boulevard, formerly known as Central Avenue and formerly known as Highway 99; thence North 58° 15' 45" West along said right of way line, 23.24 feet to the Southeast corner of that certain parcel of land conveyed to the City of Redlands by deed recorded September 28, 1934 in Book 996, Page 195, Official Records of said County; thence South 891 54' 32" West along the South line of the aforesaid parcel conveyed to the City of Redlands, 56.85 feet to an angle point therein; thence North 580 15' 45" West along the Southwesterly line of the aforesaid parcel conveyed to the City of Redlands, 183.41 feet to the most Westerly corner of the aforesaid parcel conveyed to the City of Redlands; thence South 890 54' 32" West parallel with the South line of the North 1/2 of said Block 29, 44.15 feet'to a point which is North 01 43' 15" West 400.00 feet from the point of beginning; thence South 0° 43' 15" East parallel with the centerline of said New York Street 400.00 feet to the point of beginning. 1 'QL HAROLD R. p HARTWICK p ND. 2851 Exp. June 30, 1992 4pE of CA�`F�� Exhibit "2A" ,w, 90-306569 9� z 'ge Exhibit "7-B" N89'54'31 "W � L2 •g 38, 0 0 4 0 16.00' l �� arts 5r1 © Ea6emeirl �rvm Anencan lepai /o died/oris 8ecur. cv?► Oflr DO Easemrrtl Fran fidloih SeCurr Carrr`viy is Amenrnn l epw v o �`9yo ©Ga C �y al'�P��Ia�Ionds .aec�r� �urlPan� o,. O �,EvlANvS SECUPITY CoM,PANy o AMEg/G4N ti 4 ti o a y 4 _P;6 oo• ( 386.8' 89'54'31"E 275671' fvMe e Te�'as Bf $,,,,Ili Line N %2 61,,cls 29 Exhibit "1-B" Exbibit "C" NEW YORK STREET , ti .` r, 1 - R 1 � 1b, f � 1 }I1 I CD C) C) C) CA to