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Home My WebLink AboutDeeds & Easements_11-2019ERECORDING REQUESTED BY MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT CITY OF REDLANDS WHEN RECORDED, RETURN TO CITY CLERK'S OFFICE CITY OF REDLANDS P O BOX 3005 REDLANDS, CA 92373 APN 0292-192-20 Recorded in Official Records County of San Bernardino 5/14/2019 BOB DUTTON 9 59 AM ASSESSOR — RECORDER — CLERK EV SA SAN P Counter Titles 1 Pages B Doc# 2019- 0153545 Fees 0 00 Taxes 0 00 CA SB2 Fee 0 00 Others 0 00 Paid s0 00 (THIS SPACE FOR RECORDER'S USE ONLY) GRANT OF EASEMENT 1 This Grant of Easement ("Easement") is entered Into by and between Balboa Park Properties LLC ("Grantor") and the City of Redlands ("City"), a municipal corporation duly organized in accordance with the laws of the State of California For valuable consideration, receipt of which is hereby acknowledged, and subject to existing and concurrently created or subsequently created easements, Grantor hereby grants to the City an irrevocable, nonexclusive easement together with the right to forever maintain, operate, improve, alter, reconstruct, inspect, repair, occupy and use, and otherwise install necessary appurtenances therein, for the construction and maintenance of unimproved and/or improved pedestrian rights-of-way, as determined appropriate by the City, including without limitation access by the general public, together with all rights of ingress and egress to said easement over and across that certain portion of real property described on Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein by this reference ("Easement Area") 2 City shall maintain the Easement Area and any improvements thereon in good condition and repair, and such obligation shall include, without limitation the obligation to repair, keep and maintain the Easement Area clean and free of unsafe conditions, defects, debris and/or hazardous materials City shall monitor and prevent any unauthorized use of the Easement Area 3 This Easement and rights granted herein are hereby expressly made subject to the Grantor's paramount right to use the subject property burdened by the Easement in any manner which does not unreasonably interfere with the Easement, including without limitation the right to grant further easements, licenses or other rights to other parties that will not unreasonably interfere with this Easement or the reasonable and intended use of the Easement Area as a bike and pedestrian trial 4 City shall indemnify, defend (with counsel reasonably acceptable to Grantor), protect and hold harmless Grantor and its officers, directors, members, managers, employees, agents and any successors to its interest from and against any claims, demands, losses, liabilities, obligations, damages, costs and expenses (including, without limitation, reasonable attorneys' fees, court costs and litigation expenses), or injury to person or property, including death, from whatever cause, occurring on or about the Easement Area, and resulting from, arising out of, or related to the use of the Easement Area, whether authorized or unauthorized by this Easement, by City and/or its officers, employees, customers, contractors, subcontractors, guests, visitors, invitees, licensees, tenants and subtenants, including without limitation the general public, and any willful misconduct or negligence on the part of City and/or its officers, employees, customers, contractors, guests, visitors, invitees, licensee, tenants and subtenants while on or about Easement Area for any reason, as well as any acts or omissions of City, its officers, employees, agents, contractors, or representatives in the exercise of City's rights, duties, or obligations related to the Easement 5 If a court of competent jurisdiction holds any provision of this Easement to be contrary to law or void as against public policy or otherwise, such provision shall either be modified to conform to law, while maintaining the parties' intention as closely as possible, or be severable, with the remaining provisions continuing in full force and effect In witness whereof, Grantor has caused this Grant of Easement to be signed on the date indicated below Executed on z6&4 /:5 , 2019 By Balboa Park Properties LLC, a Nevada limited liability company BY ITS MANAGER: JUDSON & BROWN, LLC, a Nevada limited liability company f Donald J Berry, Jr Manager 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 May 13 2019 before me, Date personally appeared Veronica Burgess, Notary Public Here Insert Name and Title of the Officer Donald J Berry Jr Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose nampw is/fie subscribed to the within instrument and acknowledged to me that he/�/t�Ley executed the same in his/hwAWr authorized capacity(*, and that by his/ber/tpeir signatur,@(s) on the instrument the person}, or the entity upon behalf of which the person(,%yacted, executed the instrument. VERONICA BURGESS Notary Public California Z , �+� 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 my hand and ficial seal Signatur46 Signature of Notary ublic 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(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ Gene ❑ Individual ❑ Attorn n Fact ❑ Trustee ❑ rdian or Conservator ❑ Other Signer Is_Ftepresenting 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 NationalNotaryorg • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A (SHEET I OF 1) LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA BEING THAT PORTION OF GRANT DEED RECORDED AUGUST 30, 2018, AS DOCUMENT NO 2018-0321592 OR IN A PORTION OF THE WEST %2 OF THE NORTHEAST '/40F BLOCK 21 OF THE BARTON RANCH, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6, PAGE 19 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE WEST '/2 OF THE NORTHEAST'/40F BLOCK 21 WITH A LINE PARALLEL WITH AND 590 53 FEET SOUTH OF THE CENTERLINE OF PARK AVENUE AS SHOWN ON PARCEL MAP NO 1915 RECORDED IN BOOK 35, PAGE 14 OF PARCEL MAPS, RECORDS OF SAID COUNTY, THENCE SOUTH 00034'08" EAST, 8 00 FEET ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING - THENCE SOUTH 89058'47" EAST 330 05 FEET PARALLEL WITH AND 598 53' SOUTHERLY OF THE CENTERLINE OF SAID PARK AVENUE TO THE EAST LINE OF SAID WEST '/20F THE NORTHEAST'/4 OF BLOCK 21, THENCE SOUTH 00034'50" EAST, 25 01 FEET ALONG SAID EAST LINE OF SAID WEST'/2 TO THE NORTH LINE OF THE SAN BERNARDINO COUNTY FLOOD CONTROL CHANNEL DESCRIBED IN DEED RECORDED MAY 17, 1968 IN BOOK 7027, PAGE 758 0 R, THENCE SOUTH 89025'07" WEST, 325 44 FEET ALONG SAID NORTH LINE TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 1050 00 FEET, THENCE WESTERLY 4 60 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00015'04" ALONG SAID NORTH LINE TO THE WEST LINE OF THE WEST '/2 OF OF THE NORTHEAST'/40F SAID BLOCK 21, THENCE N00034'08" WEST 28 49 FEET TO THE POINT OF BEGINNING CONTAINING 0 20 ACRES MORE OR LESS . WILLIAMqFo'SCHt�ID No 595.� ti EXHIBIT B (SHEET 1 OF 1) W PARK A VE N89 58'47"W iI Ii WILLIAM I` SCHMIDT No. 5958 WEST LINE, W 1/2, NE 4 4 BLOCK 21 PER PMB 39/85 I Exp.{?,� /-Zo z i I F CALIF w ?r SrS N m oo W 1/2, NE 1/4 BLOCK 21, o I LL - MB 6/19 PER PMB 39/850 6' I o 06 m I I NW 1/4 BLOCK 21, MB 6/19 PER PMB 35/14 Z CD o - I as T CL LINE DATA CURVE DATA POINT OF COMMENCEMENT - �a04 L 1 S00'34'08' E 800' C 2 D=00'15'04' R=105000, L=460' INTERSECTION OF WEST o N\ n L 2 N00 34'08"W 28 49" LINE W 1/2, NE 1/4 I l BLOCK 21 WITH A LINE LO'lO -m 1 (( j l0 kk PARALLEL WITH AND EIE Lu 3 590 53' SOUTH OF THE 1 Z 1 CENTERLINE OF PARK AVE I SHOWN ON PMB 35/14, OR EAST LINE, W 1/2, NE 1/4, BLOCK 21 PER PMB 39/85 POB I L 1 t:6 GRANT DEED RECORDED AUGUST 30, 2018 N00 34'50' W 25 01 AS DOCUMENT NO 2018-0321592 0 R Will L 2 N89 58'47"W 330 O4' S89 25'07"W 325.44' NORTHERLY LINE PER DEED I GF Gp _ l RECORDED MAY 17 1968 IN SOUTH LINE OF NORTH HALF BOOK 7027, PAGE 758 OR 40 — -� BLOCK 21 OF BARTON RANCH BOOK 6 OF MAPS, PAGE 19, OR _ PER PMB 35/14 THE BASIS OF BEARINGS FOR THIS EXHIBIT IS THE CENTERLINE OF TENNESSEE ST, BEING N00'35'32"W AS SHOWN ON PARCEL MAP NO 1915, PMB 35/14 NOT TO SCALE SAID EARINGS AN MAP DISTANCES SHOWN HEREON ARE PER CERTIFICATE OF ACCEPTANCE This is to Certify that the interest in real property conveyed by the Grant Deed dated May 13, 2019, by the Balboa Park Properties LLC is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Redlands pursuant to the authority conferred by Resolution No 6756 of the City Council of the City of Redlands adopted on September 3, 2008 and the grantee consents to recordation thereof by its duly authorized officer DATED 5 j 3A!j BY �- J c McConnell, Assistant City Manager ATTEST �--�� ;1e, e e Donaldson, City Clerk