Loading...
HomeMy WebLinkAboutDeeds & Easements_36-2018ERERQRDING .REQUEST1E�D BAY � �1r'` b AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO ul�-A STREET V ` V low)\& , nooaEss CRY STATE d. aPcooE nne2- Electronically Recorded in Official Records, County of San Bernardino 11113/2018 BOB DUTTON 12 37 PM EM ASSESSOR RECORDER -CLERK rf 691 Document Processing Solutions Titles 1 Pages 13 Doc# 2018-0415800 Fees 50 00 Taxes 00 CA SB2 Fee 75 00 Others 00 Paid 125 00 Dtt SPACE ABOVE FOR RECORDER'S USE ONLY Title of Document t k THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3 00 Additional Recording Fee Applies) Mail Tax Statements To Same As Above RE.qPRDING REQUESTED BY ANO WHEN RECORDED MAIL DOCUMENTAND TAX STATEMENT TOLD STREET A➢DRESS CITY sDE a ZIP CODE Dft $ SPACE ABOVE FOR RECORDERS USE ONLY Title of Document THIS -AREIA,,FO.R RE� C. .O..R f S�:. � . D THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3 00 Additional Recording Fee Applies) Mail Tax Statements To Same AS Above RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE RETURN TO City Clerk City of Redlands 35 Capon Street Redlands, CA 92373 With a conformed copy to NYS NORTH, LLC P O Box 7538 Redlands, CA 92375 RECIPROCAL ACCESS AND DRAINAGE EASEMENT THIS EASEMENT AGREEMENT, is made and entered into this ��ay of NJdVf-mbe,,-- , 2018, by and between NYS NORTH, LLC, a California limited liability company ("NYS North") and NYS/NEW, LLC, a California limited liability company ("NYS/NEW") WITNESSETH: WHEREAS, NYS NORTH is the owner of the real property located in Redlands, California with APNS 0171-011-38,0171-011-40,0171-011-43,0171-011-47, 0171-011-54,0171-011-56,0171-011-61, and 0171-011-62, as more particularlyro described in Exhibit A (collectively "NYS NORTH Parcel") which is attached hereto and made a part hereof by reference WHEREAS, NYS/NEW is the owner of the real property located in Redlands, California with APN 0171-011-64 more particularly described in Exhibit B ("NYS/NEW Parcel") which is attached hereto and made a part hereof by reference, and WHEREAS, CITY requires NYS NORTH to provide drainage ways, access and parking to NYS/NEW as shown on the map, which is attached hereto as Exhibit C and made part hereof by reference, and WHEREAS, CITY requires NYS/NEW to provide drainage ways, access and parking to NYS NORTH Parcel substantially as shown on the map, which is attached hereto as Exhibit D and made part hereof by reference, NOW, THEREFORE, in consideration of the building permits to be issued by CITY, NYS NORTH and NYS/NEW agree with CITY as follows 1 Purpose. (1) NYS NORTH and NYS/NEW agree, for themselves, their successors and assigns, that drainage ways shall be kept open and maintained on said property substantially as shown on Exhibit C Such drainage ways shall be for the mutual reciprocal, and non-exclusive drainage by any property described in Exhibit A or shown on Exhibit C (whether or not such property is owned by NYS NORTH) and for the NYS/NEW property to the south (whether or not such property is owned by NYS/NEW), which is described in Exhibit B and shown on Exhibit D (2) NYS NORTH and NYS/NEW agree, for themselves, their successors and assigns, that access ways and parking shall be kept open and maintained on said property substantially as shown as cross -hatched on Exhibits C and D Such access ways shall be for the mutual, reciprocal and non-exclusive ingress, egress and parking by vehicular and pedestrian traffic of all owners, lessees, licensees, customers, agents, tenants, employees and suppliers of any property described in Exhibit B or shown on Exhibit D (whether or not such property is owned by NYS/NEW) and for the adjacent property to the north (whether or not such property is owned by NYS NORTH), which is described in Exhibit A and shown on Exhibit C 2 Standards. Such drainage ways, access and parking as shown on Exhibits C and D, shall be constructed and maintained by the then owner of the underlying property according to CITY standards for drainage, access and driveways in approved parking areas 3 Use. No buildings, structures or other above ground improvements, except driveways or drainage ways, shall be constructed on such access or drainage ways No use shall be made of such access or drainage ways that will interfere with the free enjoyment of the access or drainage provided for in this Agreement 4 Restrictions I Unless otherwise provided in this Agreement or in the Redlands Municipal Code or Zoning Ordinance, such driveway access ways may constitute a portion of any approved parking area that may be required for such property and may be used as parking aisles or driveways 5 Binding. This Agreement shall be recorded and shall constitute obligations running with the land described in Exhibits A and B and shall be banding on future owners, tenants, and holders of any interest in such land, or portion thereof 6 Term/Full Force. This Agreement shall remain in force commencing with the date hereof, until terminated, rescinded or amended as provided herein 7 Amendment. The drainage and access ways shown on Exhibits C and D may be amended, relocated, terminated or abandoned in full, or as to any parcel, by a written and recorded agreement between the owner or owners of the parcel of property or portion thereof desci abed in Exhibits A and B and on which the drainage or access ways being amended, terminated or abandoned is then located or to which it will be relocated The terms of this Agreement may be amended, terminated or rescinded in full, as to any parcel of property or portion thereof described in Exhibits A or B by a written agreement between CITY and the then owner or owners of the parcel of property as to which the agreement is amended, terminated or rescinded The consent of no other person shall be required for such amendment, termination or rescission of this Agreement or for the amendment, relocation, termination or abandonment of such drainage way, access or parking area 2 IN WITNESS WHEREOF, NYS NORTH and NYS/NEW have executed this Agreement in duplicate NYS NORTH, LLC, a California limited liability company BY ITS MANAGER JUDSON & BROWN, LLC, a Nevada limited liability company By� / Donald J Berry, Jr Manager NYS/NEW, LLC, a California limited liability company BY ITS MANAGER JUDSON & BROWN, LLC, a Nevada limited liability company By Donald J. erry, Jr Manager CALIFORNIA ALL-PURPOSE . s. M. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of San Bernardino ) On November 8, 2018 before me, Veronica Burgess, Notary Public Date Here Insert Name and Title of the Officer personally appeared Donald J Berry, Jr Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument VERONICA BURGESS Notary Public California [[ =u San Bernardino County n z ' Commission # 2171206 My Comm Expires Nov 15, 2020 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS hated and official seal Signatu Signature of Notary blit Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Number of Pages Signer(s) Other Than Named Capacity(iies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ G al ❑ Individual ❑ Att y in Fact ❑ Trustee uardlan or Conservator ❑ Other Signer epresenting Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing 02014 National Notary Association • www Nationaildotary org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 MN LEGAL DESCRIPTION ACCESS AND DRAINAGE EASEMENT NYS NORTH PARCEL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA BEING A PORTION OF THE NORTH HALF OF BLOCK 26 OF THE BARTON RANCH MAP, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN BOOK 6 OF MAPS, AT PAGE 19, BOTH MAPS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID BLOCK 26 AND THE SOUTHERLY RIGHT OF WAY LINE OF PARK AVENUE AS SHOWN ON RECORD OF SURVEY 06-028 FILED IN BOOK 127 OF RECORDS OF SURVEY AT PAGE 43 IN THE OFFICE OF SAID COUNTY RECORDER, THENCE SOUTH 00°43'48" EAST ALONG THE SAID WEST LINE A DISTANCE OF 564 88 FEET TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN 100 FOOT WIDE STRIP OF LAND, AS DESCRIBED BY DEED RECORDED JANUARY 31, 1969, IN BOOK 7174 PAGE 406, AND AS DESCRIBED BY DEED RECORDED APRIL 4, 1968, IN BOOK 7003, PAGE 462, BOTH OFFICIAL RECORDS FOR SAID COUNTY, SAID POINT BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS 953 00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 12°16'22" EAST, THE FOLLOWING TWO COURSES ARE ALONG SAID NORTHERLY LINE. 1 THENCE NORTHEASTERLY ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 7°41'37", AN ARC LENGTH OF 127 97 FEET, 2 THENCE NORTH 70002'01" EAST A DISTANCE OF 654 19 FEET TO A POINT ON THE EAST LINE AS DESCRIBED BY QUITCLAIM DEED RECORDED JULY 18, 2014 AS DOCUMENT NUMBER 2014-0218402 OF OFFICIAL RECORDS, THENCE NORTH 00043'15" WEST ALONG SAID EAST LINE A DISTANCE OF 306 89 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY LINE OF PARK AVENUE, THENCE SOUTH 89055'43" WEST ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF PARK AVENUE A DISTANCE OF 74106 FEET TO THE POINT OF BEGINNING CONTAINING 7 48 ACRES MORE OR LESS ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDE RE ION RI RD S MR -LONG P L S 842 DATE APN 0171-011 38 APN 0171-011-40 APN 0171-011-43 APN 0171-011-47 APN 0171-011 54 APN 0171-011-56 APN 0171-011-61 APN 0171-01I-62 Page 1 of 2 Q: l I88-0158 Building E PulcingWaPINGUCCESS EASEbAENT1ACCESS EASEMENT LEGAL PARKING LOT WE.ST.doc PL LAND �� Pio s �r,Rto .p0 O� ti� O a. No 8422 12 OP CANE / V9 EXHIBIT "A" NYS NORTH PLAT SHEET 2 OF 2 k4 LA No SG goy CLQz- 70 NO 8422 TgjF OF CAI-IF���F.- 2 D RdHARD S FURLONG, P S 8422 DATE CASC Engineering and Consulting 1470 EAST COOLEY OWE, COLTOA CA 92324 PH. (909) 783-9101 PARK AVENUE - - S89 -55'43"W 741 06' OINT OF z - BEGINNING 0; Ir Ovc, c UO IIlI w EnmwZaW woa�-J�Ci ryp•�p^v so�O� p��['��YRI cq wLLJ a I-OUbi b oj o poi ry p� a j LO �_p�=<pv�^ OII Do 10 G Z =c'�O=�JaU(I�IVQ 4 II om UN an OwW o u- o oI V) — — — — g, PORTION OF THE NORTH HALF 6 OF M=TON RANCH BOOKS OF TAPS,- / PAGE 19 O.R. 0171-011-56 / 1 512'16'22"E R N oRql- g0 KUBGEG R�6g 1N h P A � A�19 o0�. l I NOT TO SCALE l 1 k4 LA No SG goy CLQz- 70 NO 8422 TgjF OF CAI-IF���F.- 2 D RdHARD S FURLONG, P S 8422 DATE CASC Engineering and Consulting 1470 EAST COOLEY OWE, COLTOA CA 92324 PH. (909) 783-9101 EXHIBIT `B" LEGAL DESCRIPTION ACCESS AND DRAINAGE EASEMENT NYS/NEW LLC DESCRIPTION ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP I SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS DESCRIBED IN GRANT DEED RECORDED AUGUST 11, 2015, AS DOCUMENT NO 2015-0344441, OF OFFICIAL RECORDS OF SAID COUNTY, BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF STATE STREET 80 FEET WIDE, ALSO KNOWN AS CITRUS AVENUE, WITH THE CENTERLINE OF TENNESSEE STREET 80 FEET WIDE AS SHOWN PER PARCEL MAP NO 18165, RECORDED IN PARCEL MAP BOOK 233 PAGE 54 THROUGH 56 INCLUSIVE, OFFICIAL RECORDS OF SAID COUNTY, THENCE NORTH 00°44`15" WEST ALONG THE CENTERLINE OF TENNESSEE STREET A DISTANCE OF 633 12 FEET TO THE INTERSECTION WITH THE NORTH LINE AS DESCRIBED IN SAID GRANT DEED RECORDED AUGUST 11, 2015, AS DOCUMENT NO 2015-0344441, OF OFFICIAL RECORDS OF SAID COUNTY, THE FOLLOWING TWELVE COURSES ARE ALONG SAID NORTH LINE I THENCE NORTH 84017'05" EAST A DISTANCE OF 118 46 FEET, 2 THENCE NORTH 81028'37" EAST A DISTANCE OF 85 45 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 992 24 FEET, A RADIAL LINE THROUGH SAID POINT OF BEGINNING BEARS SOUTH 5°06`26" EAST, THENCE EASTERLY ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 8°03`01 ", AN ARC LENGTH OF 139 41 FEET TO THE TRUE POINT OF BEGINNING, 4 THENCE CONTINUING ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 5°32'05", AN ARC LENGTH OF 95 85 FEET, 5 THENCE NORTH 73010'33" EAST A DISTANCE OF 16 07 FEET, 6 THENCE NORTH 70040'47" EAST A DISTANCE OF 30 24 FEET, THENCE NORTH 64°50`31" EAST A DISTANCE OF 15 52 FEET, 8 THENCE NORTH 70001`42" EAST A DISTANCE OF 399 58 FEET, 9 THENCE NORTH 74057`00" EAST A DISTANCE OF 16 44 FEET, 10 THENCE NORTH 69044'40" EAST A DISTANCE OF 30 39 FEET, 11 THENCE NORTH 66005'17" EAST A DISTANCE OF 16 32 FEET, 12 THENCE NORTH 70001'54" EAST A DISTANCE OF 167 43 FEET, Page 1 of 4 Q 11 189-0158 Building E Parking\MAPPINGIACCESS EASEMEN nACCESS EASEMENT LEGAL PARKING SOUTH CHANNEL.duc EXHIBIT "B" LEGAL DESCRIPTION ACCESS AND DRAINAGE EASEMENT NYS/NEW LLC DESCRIPTION THENCE SOUTH 19057'59" EAST A DISTANCE OF 55 08 FEET TO A POINT ON THE NORTH LINE OF PARCEL 3 OF SAID PARCEL MAP NO 18165, THE FOLLOWING TWO COURSES ARE ALONG THE NORTH LINE OF SAID PARCEL 3 AND PARCEL 2 OF SAID PARCEL MAP NO 18165, THENCE SOUTH 70002'01" WEST A DISTANCE OF 654 19 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1053 00 FEET, 2 THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7036'35", AN ARC LENGTH OF 139 85 FEET, THENCE NORTH 13009'27" WEST A DISTANCE OF 52 84 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 0 99 ACRES MORE OR LESS ALL AS SHOWN ON EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF THIS LE S PTION WAS PREPARED BY ME OR UNDER MY DIRECTION C r/- 7�� 9 RICHARD S FURLONG P L S 422 DATE \ox- LAND `y- ��5 p 5 fiURr �L �G `��� ay O n, o a No. 8422 \\�pF CA1-�F0 Page 2 of 4 QA1188-0158 Budding E PadungW APPINGUCCESS EASEMENT ACCESS EASEMENT LEGAL PARKING SOUTH CHANNFL_doe EXHIBIT "B" NYS/NEW LLC PLAT SHEET 3 OF 4 PMK AVENUE O [p d' I E - N � I r I o I E I 0 0 0 GRANT DEED RECORDED I AUGUST 11, 2015, AS DOC 0171-411-56 NO 2015-0344441 D R D=8'03'01" _6h I 0171-161-18 "—R=992 24' N84'17b5"E ' 0�7� PARCEL 3 L=13941 118 46' PARCEL 2 b,S STATE STREET (CITRUS AVENUE) 00 La SN� sl✓ NO 8422 �TqT£ DF CA�1FD��P CASC Engineering and n RICHARD S FURLONG, P L S 422 DATE 1470 EAST COOLLY (9 9) 703 01)l cn 92324 TRUE POINT L OF BEGINNING PAROL 1 N81 26'37"E 85 45' 0171-161-16 I PORTION OF THE N I w NORTHWEST QUARTER OF SECTION 28 T1 S, L.z �� SCALE = 200 L z RFW SBM — — — — I z PARCEL MAP NO. 18185 8I0 M B. 233/54-58 I POINT OF BEGINNING b,S STATE STREET (CITRUS AVENUE) 00 La SN� sl✓ NO 8422 �TqT£ DF CA�1FD��P CASC Engineering and n RICHARD S FURLONG, P L S 422 DATE 1470 EAST COOLLY (9 9) 703 01)l cn 92324 EXHIBIT B SHEET 4 OF 4 NYS/NEW LLC PLAT NOT TO SCALE Engineering and Consulting 1474 EAST COOLEY ORK COLIN CA 92324 PH (909) 783 0101 A n j �! of I s GRANT AUGUST 11LD20150RDED AS DOC �4 NO 2015-0344441 0 R E 55oe6gM� �64•lFa� 16 0171-011--56 5g 1i1k`'� PARCEL 3 D=5 32'05"3g tig. Nrtoa" 42 o 9 0171-011-64 �35Ba" N64g� 30' 2-11 TRUE POINT BEGINNING c> to 40 t� o1. rr[[ cs5,(i675���- d.5 3 PARCEL 2 { RIGA 4 �gg \v�� PORTION OF THE NORTHWEST 4j QUARTER OF SECTION 28 TIS, 52.aa� R3W. SBM. NS3�'27W l D=7'36'35" J' PARCEL 1 j R=1053 00' ` I L=139 85' PARCEL MAP NO. 18165 I M.B. 233/54-56 I Engineering and Consulting 1474 EAST COOLEY ORK COLIN CA 92324 PH (909) 783 0101 1 4 ST LINE OF THE EAST Ll I I ' I HALF OF THE NORTHWEST QUARTER OF BLOCK 26 I w$rnCi70 yy��1p NO 311% 0171-011— 2p09`�009c�`C0R ' 9' Z'j6 , a�c r o� 2'166 CCC�r0 fi N co 1 y 0171--011-61 fi 3r. \\ 2009 Y 06 co,E 0171-011-62 `0057 SOOAFD \\\ 0 1 � � \ \ � oR c 1 0171-011-43 0� 0171-011-38 0171--011--40 1 1 1 1 0171-011-54 Z 1 O 1 0 1 — O i � 1 1 r-• 1r�1 0171-011-45 m 1 EAST LINE AS DESCRIBED IN bg 1 QUITCLAIM DEED RECORDED ta� 1 1 JULY 18 2014 DOC NO 2014--0218402 0 R. � n a A� 32 m 32' A no m EXHIBIT "D" PARK AVENUE I € I l I I �s E r � [ I E; GRANT DEED RECORDED- AUGUST ECORDED-AUGUST 11, 2015, AS DOC NO 2015-0344441 0 R I 0171-011-56 s - I E PARCEL 1 I 0— NOT TO SCALE I PARCEL 2 PORTION OF THE NORTHWEST I QUARTER OF SECTION 28 T1S, R3W SSM PAROL MAP NO 18165 M B 233/54-56 I SHEET 1 OF 1 PAROL 3 s �— CA_.Engineering and Cnsulting 4170 W C00LLf OWE COITOu, CA 92524 PN (909) 795-0101