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Electronically Recorded in Official Records, County of San Bernardino
11113/2018
BOB DUTTON
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ASSESSOR RECORDER -CLERK
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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
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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
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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
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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
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