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HomeMy WebLinkAboutContracts & Agreements_25-1965 l'� y AGREEMENT TO MODIFY LEASE AND CONVEY REAL PROPERTY CITY OF REDLANDS - LOCKHEED PROPULSION COMPANY - 1 SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT 2 3 THIS AGREEMENT, made and entered into this /I day of 6�i 4 19 (.S , by and between the City of Redlands, a California municipal corpora- 5 tion, hereinafter referred to as "CITY", Lockheed Propulsion Company, a 6 Division of Lockheed Aircraft Corporation, a California corporation herein- '7 after referred to as "COMPANY", and the San Bernardino County Flood Control 8 District, a body corporate and politic of the State of California, hereinafter 9 referred to as "DISTRICT", 10 WITNESSETH 11 WHEREAS, CITY is the owner of certain lands located in the vicinity of 12 the unincorporated community of Mentone, portions of which lands are herein- 13 after referred to as "Subject Lands", depicted in Red on attached "Exhibit A", 14 and described as . 15 f That portion of that part of Section 17 , Township 1 South, Range 2 West, San Bernardino Meridian, as conveyed to CITY OF REDLANDS by deed recorded 16 j October 8, 1951, in Book 2834, page 215, and March 9, 1954, in Book 3341, 17 I page 556 , Official Records of said County, lying within the following described property 18 Commencing at the intersection of the South line of Section 16 , Township 1 South, Range 2 West, San Bernardino Meridian, with the centerline of 19 Garnet Street (a 60 foot street) , thence South 69° 00' 48" West, along the South line of said Section 16 , a distance of 1341 50 feet to the • 20 Southwest corner thereof, said Southwest corner being in the centerline of Amethyst Street (a 60 foot street) , thence North 0° 05 ' 12" West, 21 along the centerline of said Amethyst Street, a distance of 74 65 feet to the True Point of Beginning, thence, continuing along the centerline 22 of said Amethyst Street, North 0° 05' 12" West, 1618 38 feet, thence North 76° 34' 32" West, 306 16 feet, thence North 53° 18' 00" West, 300 23 feet, thence North 64° 41 ' 00" West, 483 feet, thence North 40° 05 ' 00" West, 73 feet, thence North 64° 00' 00" West, 284 feet, thence North 24 62 feet, thence South 89° 27 ' 00" West, 50 feet, thence North 40° 33' 00" West, 195.80 feet, thence North 65° 50' 00" West, 507 60 feet, thence 25 North 76° 43' 00" West, 224 85 feet, thence North 22° 43' 53" West, 65 55 feet, thence North 21° 02' 12" West, 96.57 feet, thence North 17° 06 ' 10" 26 West, 204.04 feet, thence North 64° 32' 12" West, 116.30 feet, thence North 85° 36 ' 05" West, 136 44 feet, thence North 70° 35 ' 36" West, 180 28 27 , feet, thence North 43° 01' 30" West, 102 59 feet, thence North 19° 39' 14" West, 222.99 feet, thence North 14° 44' 37" West, 589 40 feet, thence 28 North 19° 32' 12" West, 164 47 feet, thence North 32° 28' 16" West, 130.38 feet, thence North 45° 00' 00" West, 56.57 feet, thence North 21„ 61° 30' 16" West, 79 65 feet, thence North 55° 58' 50" West, 48.26 feet, thence North 19° 17 ' 24" West, 63 57 feet, thence South 33° 49' 24" 30 West, 1476 21 feet, thence South 49° 24' 55" East, 620 feet, thence North 40° 35 ' 05" East, 100 feet, thence South 49° 24' 55" East, 3265. 29 31 feet, thence Southeasterly 1333 64 feet along a tangent curve to the point of beginning, said tangent curve described as being concave to the 32 , Northeast, having a radius of 10,070 feet and a central angle of 7° 35' 17' -1- A-645/03012 1 Excluding therefrom the following described properties { 2 That portion thereof lying within Florida Avenue (a 60 foot street) , that portion thereof lying within that property as conveyed to the Atchison, 3 Topeka and Santa Fe Railway Company by deed recorded March 21, 1917 , in Book 605 of Deeds, page 396 , records of said County, that portion 4 thereof lying within that property as conveyed to Stuart Lytle and Lola M Lytle by deed recorded February 5, 1958, in Book 4429, page 462, 5 Official Records of said County, and that portion thereof lying within that property as conveyed to Shure-Real Foliage Company by deed recorded 6 June 13, 1958, in Book 4529, page 569, Official Records of said County, and, 7 8 WHEREAS, COMPANY has leased Subject Lands, as well as other adjoining 9 lands, for purposes of conducting its business, including the testing of 10 rocket motors, fuels, and related materials, thereon, and, 11 WHEREAS, DISTRICT has filed an action in Eminent Domain seeking to 12 acquire the fee estate in portions of City owned lands, including Subject 13 Lands, for flood control and water conservation purposes and to fulfill its 14 obligations to the United States Army, Corps of Engineers for the Mill Ckeek 15 Levee Project, and, 16 WHEREAS, both COMPANY and DISTRICT desire to preclude human habitation 17 within and any encroachment upon Subject Lands for any purpose other than 18 { for DISTRICT'S construction, operation and maintenance of flood control and 19 1 water conservation facilities and appurtenances, 20 NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS 21 CITY SHALL• 22 1 Convey the fee simple title in and to Subject Lands to DISTRICT 23 by Grant Deed, subject to easements, conditions, restrictions, and 24 convenants of record as of the date of filing of the original 25 Complaint in San Bernardino County Superior Court Action Number 26 100432, except as otherwise set forth herein. 27 2 Reserve from said Grant Deed unto itself, its successors and assigns, 28 for the term or sooner termination or renewals or extensions of 29 that lease recorded in Book 5803, page 698, Official Records of 30 } said County, the right to prohibit the placement or construction 31 of any inhabitable buildings upon or within Subject Lands, and 32 i convey such reserved rights to COMPANY -2- 1 1 3. In conjunction with COMPANY, execute and cause to be recorded in the 2 office of the County Recorder of San Bernardino County an amendment 3 deleting Subject Lands from those certain leases 4 a, Dated January 12, 1954, and recorded Dece^ibei 9, 1954, in Book 3524, page 84, Official Records of San Bernardino County, as 5 supplemented by instrument recorded in Book 4564, page 188, Official Records of said County, and 6 b Dated January 1, 1960, and recorded November 19, 1962, in Book 7 5803, page 698, Official Records of said County, and any supplements thereto, whether recorded or not 8 Said amendment shall be in the form of "Exhibit C" (Third Amendment 9 of Lease) , attached hereto and made a part hereof 10 4. In conjunction with COMPANY, execute and cause to be recorded in the 11 office of the County Recorder of San Bernardino County, in the form of 12 "Exhibit B", attached hereto and made a part hereof, "Second Amendment 13 of Lease", for the purpose of adjusting rental payments to be made to 14 CITY by COMPANY 15 5 Convey to DISTRICT, in addition to Subject Lands, by Grant Deed, the 16 real property described as follows 1 7 ' A portion of those parts of Lots 3 and 10, Block 25, of Mentone, as per plat commonly known as "Stretch Map" , recorded in Book 8 of Maps, page 81, records 18 of said County, described in deed to CITY OF REDLANDS, recorded October 8, 1951, in Book 2834, page 215, Official Records of said County, said portion 19 more particularly described as follows: Beginning at a point in the centerline of Garnet Street (a 60 foot street) 20 distant thereon North 0° 11' 30" East, 133.52 feet from a 1/2 inch iron 2 pipe marking the intersection thereof with the South line of the North half of the North half of Section 21 , Township 1 South, Range 2 West, San 22 Bernardino Meridian, thence West 95 77 feet, thence North 5° 26' 05" West, 474.90 feet, thence Northwesterly 138.93 feet along a curve concave to the 23 Southwest, having a radius of 130 feet and a central angle of 61° 13' 49" , the beginning tangent thereof bearing North, thence North 61° 13' 49" West, 24 561.09 feet, thence Northwesterly 609 04 feet along a tangent curve to a point in the North line of said Section 21, said tangent curve described 5 as being concave to the Northeast, having a radius of 10,070 feet and a 2central angle of 3° 27 ' 55", thence North 89° 00' 48" East, along the North 26 line of said Section 21, a distance of 1227 99 feet to the intersection thereof with the centerline of said Garnet Street, thence South 0° 11' 30" 27 West, along the centerline of said Garnet Street, a distance of 1186 50 feet to the point of beginning. 28 Excluding therefrom that portion thereof lying within said Garnet Street. 29 Lands described in Paragraph 5 are outside of the COMPANY leased area. 30 COMPANY is not a party to provisions of this paragraph. 31 ! 6 In conjunction with COMPANY, convey to DISTRICT a Restrictive 32 Easement over that real property described as follows -3- ` I 1 That portion of those parts of Sections 17 , 20 and 21, Township 1 South, Range 2 West, San Bernardino Meridian, in the County of San Bernardino, 2 State of California, described in deeds to City of Redlands recorded October 8, 1951, in Book 2834, page 215 , and recorded March 9, 1954, in 3 Book 3341, page 556, both Official Records of said County, said portions described as follows. 4 Commencing at a point in the centerline of Garnet Street (a 60 foot 5 street) , said point being distant along said centerline, North 0° 11' 30" East, 133.52 feet from a 1/2 incn iron pipe marking the 6 intersection of said centerline with the South line of the North half of the North half of said Section 21, thence West 95.77 feet 7 to the True Point of Beginning, thence continuing West, 100.63 feet, thence North 5° 26 ' 05" West, 474 90 feet, thence Northwesterly, 8 32 06 feet along a curve concave to the Southwest, having a central angle of 61° 13' 49" and a radius of 30 feet, the beginning tangent 9 thereof bearing North, tnence North 61° 13' 49" West, 561 09 feet, thence Northwesterly, 2097 17 feet along a tangent curve, concave to 10 the Northeast, having a central angle of 11° 48' 54" and a radius of 10,170 feet, thence North 49° 24' 55" West, 3265 29 feet, thence E, 11 North 40° 35 ' 05" East, 100 feet, thence South 49° 24' 55" East, 3265 29 feet, thence Southeasterly 2076.55 feet along a tangent curve concave 12 to the Northeast, having a central angle of 11° 48' 54", and a radius of 10,070 feet, thence South 61° 13' 49" East, 561 09 feet, thence F 13 Southeasterly 138 93 feet along a tangent curve, concave to the South- west, having a central angle of 61° 13' 49" and a radius of 130 feet, 14 thence South 5° 26' 05" East, 474 90 feet to the True Point of Beginning. 15 Said Restrictive Easement shall convey- to DISTRICT the right to prohibit the 16 excavation or mining of earth or other mineral deposits below a plane 17 beginning at natural ground surface as the same exists along the Southerly 18 line of Subject Lands and that real property set forth in the paragraph 19 numbered 5, above, and extending Southerly, at right angles thereto, at a 20 decline of 1 Vertical on 5 Horizontal. 21 7. Be fully and completely bound to COMPANY by all terms and conditions 22 of said leases as amended hereby or hereunder 23 COMPANY SHALL. 24 1 Execute and deliver to CITY for recordation such instruments as may 25 be required to effect the deletion of Subject Lands from the premises 26 leased by CITY to COMPANY as set forth in the paragraph numbered 3, 27 above, and further amend the said lease documents as called for in 28 the paragraph numbered 4, above 29 2. Accept the conveyance from CITY to COMPANY of those reserved rights 30 set forth in the paragraph numbered 2, above 31 3. Join with CITY in the execution of that restrictive easement set 32 forth in the paragraph numbered 6, above. _4_ F � } 1 DISTRICT SHALL 2 1. Accept the real property interests hereinabove described 3 2 Authorize payment to CITY of those funds now deposited in Secuiity 4 Title Insurance Company Escrow Number 327247 , upon execution, delivery 5 and recordation of those instruments required herein 6 3 For the duration of said leases and in connection with COMPANY'S 7 operations, establish and maintain Subject Lands , as a "Buffer Zone" , 8 free and clear of inhabitable structures and posted with "NO TRESPASS" 9 signs. 10 4 Coordinate its occupancy of Subject Lands with COMPANY so as to 31 preclude conflict with COMPANY operations. 12 IN WITNESS WHEREOF, the parties hereto have caused their respective 3 names to be hereunto subscribed and their respective seals to be hereunto 14 affixed by their respective proper officers thereunto duly authorized. 15 APPROVED AS TO FORM SAN BERNARDINO COUNTY 16 FLOOD CONTROL DISTRICT Stanford D Herlick 17 County Counsel By County of San Bernardino Chairman, Board of Supervisors 18 San Bernardino County By Flood Control District 19 ATTEST. 20 By 21 Secretary, Board of Supervisors San Bernardino County 22 Flood Control District 23 APPROVED AS TO FORM CITY OF REDLANDS 24 y B ( `, - B By(/ ��.i �. Y— }�__� : L .r City Attorney Mayor J 25 ATTEST 26 _7) 27 city-„Aytk LOCKHEED PROPULSION COMPANY, DIVISION 28 OF LOCKHEED AIRCRAFT CORPORATION 29 By Vice President 30 By 31 Assistant Secretary 32 -5- f 0 1 GRANT DEED (Corporation) 2 3 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 4 CITY OF REDLANDS, a municipal corporation, does hereby grant to SAN 5 BERNARDINO COUNTY FLOOD CONTROL DISTRICT, a body politic and corporate, 6 the real property in the County of San Bernardino, State of California, 7 described as follows 8., That portion of that part of Section 17 , Township 1 Soutn, Range 2 West, San Bernardino Meridian, conveyed to City of Redlands by deeds recorded 9 October 8, 1951, in Book 2834, page 215 , and March 9, 1954, in Book 3341 , page 556, Official Records of said County, lying within the following 10 described property 11 Commencing at the intersection of the South line of Section 16 , Township 1 South, Range 2 West, San Bernardino Meiidian, with 12 the centerline of Garnet Street (a 60 foot street) , thence South 89° 00' 48" West, along the South line of said Section 16 , a 13 distance of 1341.50 feet to the Southwest corner thereof, said Southwest corner being in the centerline of Amethyst. Street (a 14 60 foot street) , thence North 0° 05 ' 12" West, along the center- line of said Amethyst Street, a distance of 74 65 feet to the 15 True Point of Beginning, thence, continuing along the centerline of said Amethyst Street, North 0° 05' 12" West, 1618 38 feet, 16 thence North 76° 34' 32" West, 306 16 feet, thence North 53° 18' 00" West, 300 feet, thence North 64° 41' 00" West, 483 feet, thence 17 North 40° 05' 00" West, 73 feet, thence North 64° 00' 00" West, 284 feet, thence North 62 feet, thence South 89° 27 ' 00" West, 50 18 feet, thence North 40° 33' 00" West, 195 80 feet, thence North 65° 50 ' 00" West, 507 60 feet, thence North 76° 43' 00" West, 19 224 85 feet, thence North 22° 43' 53" West, 65.55 feet, thence North 21° 02' 12" West, 96.57 feet, thence North 17° 06 ' 10" West, 20 204 04 feet, thence North 64° 32' 12" West, 116 30 feet, thence 2 1 North 85° 36 ' 05" West, 136 44 feet, thence North 70° 35 ' 36" West 180 28 feet, thence North 43° 01' 30" West 102.59 feet, thence 22 North 19° 39' 14" West 222 99 feet, thence Noith 14° 44' 37" West 589 40 feet, thence North 19° 32' 12" West 164 47 feet, thence 2 3 North 32° 28' 16" West 130 38 feet, thence North 45° 00' 00" West 56 57 feet, thence North 61° 30' 16" West 79 65 feet, thence North 24 55° 58' 50" West 48 26 feet, thence North 19° 17 ' 24" West 63 57 feet, thence South 33° 49' 24" West 1476 21 feet, thence South 2 49° 24' 55" East 620 feet, thence North 40° 35 ' 05" East 100 feet, thence South 49° 24' 55" East 3265.29 feet, thence Southeasterly 1333 64 feet along a tangent curve to the point of beginning, said 20 tangent curve described as being concave to the Northeast, having 271 a radius of 10,070 feet and a central angle of 7° 35' 17" 28 Excluding therefrom the following described properties That portion thereof lying within Florida Avenue (a 60 foot street) , r that portion thereof lying within that property as conveyed to the Atchison, Topeka and Santa Fe Railway Company by deed recorded 30 March 21, 1917, in Book 605 of Deeds, page 396, records of said 31 County, that portion thereof lying within that property as conveyed to Stuart Lytle and Lola M Lytle by deed recorded February 5, 1958, 32 ! in Book 4429, page 462, Official Records of said County, and that portion thereof lying within that property as conveyed to Shure-Re, -1- IE 1 Foliage Company by deed recorded June 13, 1958, in Book 4529, page 569, Official Records of said County. 2 Containing 114 acres, more or less 3 � RESERVING UNTO GRANTOR, Its successors and assigns, for the term or sooner 4 termination or renewals or extensions of that lease recorded in Book 5803, page 698, Official Records of said County, the right to prohibit the 5 placement or construction of any inhabitable buildings upon or within said E real property. 6 RESERVING unto the City of Redlands the water rights now held by said City 7 in and under said lands without, however, the right ever to drill, dig or mine through the surface of said lands therefore without the prior written 8 permission of grantee to so do } 9 , Also reserving unto the City of Redlands the right to operate, maintain and enjoy the use of the water and sewage facilities in existence upon and under 10 the lands herein described 11 Also reserving unto the said City of Redlands the right of access, across the lands herein described, as may be necessary to the enjoyment of the 12 rights herein reserved, without, however, the right ever to alter, in any manner, the flood control facilities, or the function thereof, which may 13 be constructed upon said lands. 14 F 15 Dated CITY OF REDLANDS 16 I ck L tc,{ g 1 17 tlla yam 18 19 E / 20 Space for Notary Acknowledgment Space for Recorder's Use 21 22 23 24 • 25 • 26 27 28 29 30 E 1 I 31 32 Parcel No. 19-B Mill Creek Levee R/W 3-802/5 C3D-590/03025 -2- o VoG_..y Lease a:.G{ Convey Real ?io-e ty. :ma? Oi Lanes and ease:ren s .:3 Y S. co_G ,_=^^•a G of Lease =� �cLo: of LOLa-. rerta Ji:Ccr _;G �JoL S61 . ✓2 io $o55, 6..6 i7 ] . try'' 11 to ar ��..: e t r.:�'tl:w..s V GI. L:s:ec L.ie otat »v�uu.l so as .320, GOO a.GVa.ce:. LO :e City zo� J ▪ - ` --.r nG-%C .L R.edlands lease. W h.l.s L;i: s,...o ecz `.-moo-i:ion outlined in r ec. . ivy. r e- 1. C_ty o= 1edtar Gs ^«y ;aa» • u iii ildL'" gs of. $i �j�C� S � »�y cO V4yarce i Dresezvesi 3 ▪ y�..`]1.N�'4: .. J»� a 4✓L»«�.i..�.� __�. City a- G. 1Ls .Lessee c e v i y -i4 1GV-.V�jl ` »y^7 on.. i�- lcoG CG i Oi G_ e (See ,]a:L GAG.L.neaLea 1/ 1 /7` ; E 1 SECOND AMENDMENT OF LEASE 1 WHEREAS a portion of the premises demised by the lease hereinafter 2 referred to is being condemned (reference to which proceedings is made 3 in connection herewith) by San Bernardino County Flood Control District A and in consideration thereof, the parties hereto mutually agree as follows 5 The CITY OF REDLANDS, a municipal corporation, and LOCKHEED PROPULSION 6 COMPANY, a Division of LOCKHEED AIRCRAFT CORPORATION, a corporation 7 organized and existing under the laws of the State of California, formerly 8 doing business under the name GRAND CENTRAL ROCKET CO. , agree to amend the 9 lease executed by the CITY OF REDLANDS and GRAND CENTRAL ROCKET CO. on 10 1 January 1960, as follows 11 "THIS LEASE executed in duplicate at Redlands , California, as of the 12 1st day of January, 1960, between the CITY OF REDLANDS, a municipal 13 corporation, and LOCKHEED PROPULSION COMPANY, a Division of LOCKHEED AIRCRAFT 14 CORPORATION (formerly GRAND CENTRAL ROCKET CO. , prior to the change of pE 15 I corporate name in accordance with the Corporation Code of the State of 16 1 California) a corporation organized and existing under the laws of the 17 " State of California, hereinafter called respectively, the "Lessor" and the 18 1 "Lessee" 19 IT IS AGREED between the parties hereto as follows . 20 3. RENT 21 The total rent payable in lawful money of the United States of America, 22 starting January 1, 1960, is the sum of $656,616.64. 1 23 Lessee agrees to pay this rent in annual installments in the amounts 24 indicated during the periods hereinafter specified, on the 1st day of each 251 calendar year until said above total is paid. ( Annual 26 Inclusive Period Installment 2 7l, January 1, 1960 to December 31, 1962 $ 12,000 00 28 January 1, 1963 to December 31, 1963 7 ,538 92 29 1 January 1, 1964 to December 31, 1964 7 ,560 00 30 January 1, 1965 to December 31, 1965 7,670 00 31 January 1, 1966 to December 31, 1966 7 ,619 88 I 32 January 1, 1967 to December 31, 1967 7 ,729 88 -1- „ II FY 3 i r 9 i Annual Inclusive Period Installment 1 January 1, 1968 to December 31, 1969 11,839 88 2 January 1, 1970 to December 31, 1984 14,839 88 3 January 1, 1985 to December 31, 1989 15,589 88 4 January 1, 1990 to December 31, 1994 16 ,377 38 5 January 1, 1995 to December 31, 1999 17,204 26 6 January 1, 2000 to December 31, 2004 18 ,072 48 7 TOTAL $656 ,616.64 8 9 IN WITNESS WHEREOF, the City of Redlands has caused its name and 10 seal to be affixed hereto and this instrument to be executed by its officials duly authorized, and for and on behalf of its Division, Lockheed 12 Propulsion Company, Lockheed Aircraft Corportion has caused its corporate 13 name and seal to be affixed hereto and this amendment to the lease of 14 1 January 1960, to be executed by its duly authorized representative, the 15 E day and year in this instrument first above written 16 CITY OF REDLANDS, CALIFORNIA LOCKHEED PROPULSION COMPANY, DIVISION 17 a municipal corporation OF LOCKHEED AIRCRAFT CORPORATION, a California corporation 18 By J f l �i� �.. r x s t r 191 ,�� By Mayor of the City of Redrailds, 20 California Li 21 ATTEST. 22 23 ? 7 �1 t 8lerk 24 tJ 25 Executed in City of Redlands, California, on of 26 September, 1965 27 28 29 30 1 31 32 -2- THIRD AMENDMENT OF LEASE 1 THIS AGREEMENT, executed in duplicate at Redlands, California, as of 2 the /y¢/, day of , 19 4e5 —, by and 3 between the CITY OF REDLANDS, a municipal corporation, and LOCKHEED 4 PROPULSION COMPANY, a Division of Lockheed Aircraft Corporation, a Calif- 5 ornia corporation, hereinafter referred to, respectively, as "Lessor" and 6 "Lessee", 7 WITNESSETH 8 THAT, WHEREAS, the parties hereto did enter into a lease as of the 1st day of January, 1960, which lease was recorded in the Office of the County � f I 10 Recorder of the County of San Bernardino, State of California, in Book 5803, 11 page 698, Official Records of said County, and, 12 WHEREAS, by and through the said lease, Lessee hired from Lessor 13 certain lands near the unincorporated community of Mentone, California, and, 14 WHEREAS, the parties hereto do now mutually desire to revise and amend 15 the said lease by deleting therefrom a portion of the lands so hired, 16 I NOW THEREFORE BE IT MUTUALLY AGREED r 1r I That, subject to the obligation of Lessor to convey to Lessee a 18 i Restrictive Easement in the form of "Exhibit 1", attached hereto and made 19 a part hereof, Lessor and Lessee do hereby delete from the said hired 20 premises that portion thereof described as follows . 2 1 That portion of that part of Section 17 , Township 1 South, Range 2 West, San Bernardino Meridian, as conveyed to CITY OF REDLANDS by deed recorded October 8, 1951 , in Book 2834, page 215, and March 9, 1954, in Book 3341, 22 page 556, Official Records of said County, lying within the following 23 described property. 24 Commencing at the intersection of the South line of Section 16 , Township 1 South, Range 2 West, San Bernardino Meridian, with the 25 centerline of Garnet Street (a 60 foot street) , thence South 89° 00' 48" West, along the South line of said Section 16, a distance 26 of 1341.50 feet to the Southwest corner thereof, said Southwest corner being in the centerline of Amethyst Street (a 60 foot street) ; 27 thence North 0° 05' 12" West, along the centerline of said Amethyst Street, a distance of 74.65 feet to the True Point of Beginning, 28 thence, continuing along the centerline of said Amethyst Street, North 0° 05 ' 12" West, 1618 38 feet, thence North 76° 34' 32" West, 306 16 feet, thence North 53° 18' 00" West, 300 feet, thence North 29 ! 64° 41' 00" West, 483 feet, thence North 40° 05' 00" West, 73 feet, 30 thence North 64° 00' 00" West, 284 feet, thence North 62 feet, thence South 89° 27' 00" West, 50 feet, thence North 40° 33' 00" West, 195 80 31 feet, thence North 65° 50' 00" West, 507 60 feet, thence North 76° 43' 00" West, 224 85 feet, thence North 22° 43' 53" West, 65.55 feet, 32 thence North 21° 02' 12" West, 96,57 feet, thence North 17° 06 ' 10" West, 204.04 feet, thence North 64° 32' 12" West, 116.30 feet, thence North 85° 36 ' 05" West, 136 44 feet, thence North 70° 35' 36" West, -1- r F 180 28 feet, thence North 43° 01' 30" West, 102 59 feet, thence North 19° 39' 14" West, 222.99 feet, thence North 14° 44' 37" 2 West, 589.40 feet, thence North 19° 32' 12" West, 164 47 feet, thence North 32° 28' 16" West, 130 38 feet, thence North 45° 00' 3 00" West, 56.57 feet, thence North 61° 30' 16" West, 79 65 feet, thence North 55° 58' 50" West, 48.26 feet, thence North 19° 17 ' 4 24" West, 63 57 feet, thence South 33° 49' 24" West, 1476 21 feet, thence South 49° 24' 55" East, 620 feet, thence North 40° 35' 05" 5 East, 100 feet, thence South 49° 24' 55" East, 3265 29 feet, thence Southeasterly 1333.64 feet along a tangent curve to the point of 6 beginning, said tangent curve described as being concave to the Northeast, having a radius of 10,070 feet and a central angle of 7 7° 35 ' 17" 8 Excluding therefrom the following described properties 9 That portion thereof lying within Florida Avenue (a 60 foot street) , that portion thereof lying within that property as conveyed to the 10 Atchison, Topeka and Santa Fe Railway Company by deed recorded March 21, 1917 , in Book 605 of Deeds , page 396, records of said 11 County, that portion thereof lying within that property as conveyed to Stuart Lytle and Lola M Lytle by deed recorded February 5 , 1958, 12 in Book 4429, page 462, Official Records of said County, and that portion thereof lying within that property as conveyed to Shure-Real 13 Foliage Company by deed recorded June 13, 1958, in Book 4529, page 569, Official Records of said County 14 BE IT FURTHER AGREED, that all terms and conditions of said lease except 615 as revised hereby, and as revised by "Amendment of Lease" , executed 17 - February 26, 1962, and as further revised by "Second Amendment of Lease" 8 attached hereto as "Exhibit B" , shall otherwise remain in full effect 1 IN WITNESS WHEREOF, the parties hereto have caused their respective 20 names to be hereunto subscribed and Lheir respective seals to be hereunto 21 affixed by their respective proper officers thereunto duly authorized 22 23 LOCKHEED PROPULSION COMPANY, DIVISION CITY OF REDLANDS OF LOCKHEED AIRCRAFT CORPORATION 24 i 7 25 By By l 'fir' t\ . L �r{ r • Vice President, Lockheed Aircraft Mayor 26 Corporation. 27 B By RV � 28 Assistant Secretary, Lockheed City gyrk Aircraft Corporation 29 30 31 32 -2- , -� ! a 1 RESTRICTIVE EASEMENT 1 1 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, , 2 the CITY OF REDLANDS, a municipal corporation of the State of California, ! I 3 does hereby grant to the LOCKHEED PROPULSION COMPANY, a Division of Lockheed i 4 4 Aircraft Corporation, a California corporation, the right to prohibit the I 5 placement or construction of any inhabitable buildings upon or within the 6 real ! property in the County of San Bernardino, State of California, 7 described as follows. t 8 That portion of that part of Section 17 , Township 1 South, Range 2 West, San Bernardino Meridian, as conveyed to CITY OF REDLANDS by deed recorded g October 8, 1951, in Book 2834, page 215, and March 9, 1954, in Book 3341, page 556, Official Records of said County, lying within the following I 3.0 described property. Commencing at the intersection of the South line of Section 16 , 1. 11 Township 1 South, Range 2 West, San Bernardino Meridian, with the centerline of Garnet Street (a 60 foot street) , thence South 89° 12 00' 48" West, along the South line of said Section 16, a distance of 1341.50 feet to the Southwest corner thereof, said Southwest I 13 corner being in the centerline of Amethyst Street (a 60 foot street) , thence North 0° 05' 12" West, along the centerline of said Amethyst 14 Street, a distance of 74 65 feet to the True Point of Beginning, F thence, continuing along the centerline of said Amethyst Street, 15 North 0° 05 ' 12" West, 1618 38 feet, thence North 76° 34' 32" West, 306 16 feet, thence North 53° 18' 00" West, 300 feet, thence North 1r 16 64° 41 ' 00" West, 483 feet, thence North 40° 05 ' 00" West, 73 feet, thence North 64° 00' 00" West, 284 feet, thence North 62 feet, 17 thence South 89° 27 ' 00" West, 50 feet, thence North 40° 33' 00" West, 195.80 feet, thence North 65° 50' 00" West, 507 60 feet, 18 I thence North 76° 43' 00" West, 224 85 feet, thence North 22° 43' I 9 ! 53" West, 65 55 feet, thence North 21° 02' 12" West, 96.57 feet, thence North 17° 06 ' 10" West, 204 04 feet, thence North 64° 32' 12" 20 West, 116 30 feet, thence North 85° 36' 05" West, 136.44 feet, thence North 70° 35' 36" West, 180. 28 feet, thence North 43° 01' 30" West, I 2, 102.59 feet, thence North 19° 39' 14" West, 222 99 feet, thence 1 North 14° 44' 37" West, 589 40 feet, thence North 19° 32' 12" West, 2 2 164 47 feet, thence North 32° 28 ' 16" West, 130 38 feet, thence North 45° 00' 00" West, 56.57 feet, thence North 61° 30' 16" West, 2 79.65 feet, thence North 55° 58' 50" West, 48 26 feet, thence North 19° 17 ' 24" West, 63.57 feet, thence South 33° 49' 24" West, 1476.21 24 feet, thence South 49° 24' 55" East, 620 feet, thence North 40° 35' 05" East, 100 feet, thence South 49° 24' 55" East, 3265. 29 feet, 25 thence Southeasterly 1333.64 feet along a tangent curve to the point of beginning, said tangent curve described as being concave to the 26 Northeast, having a radius of 10,070 feet and a central angle of 7° 35' 17" I 27 Excluding therefrom the following described properties 28 That portion thereof lying within Florida Avenue (a 60 Zoct street) that portion thereof lying within that property as conveyed to the f 29 Atchison, Topeka and Santa Fe Railway Company by deed recorded ' March 21, 1917 , in Book 605 of Deeds , page 396, records of said 30 County, that portion thereof lying within that property as conveyed to Stuart Lytle and Lola M Lytle by deed recorded February 5, 1958, 31. in Book 4429, page 462, Official Records of said County, and that portion thereof lying within that property as conveyed to Shure-Real 32 Foliage Company by deed recorded June 13, 1958, in Book 4529, page 569, Official Records of said County ..1."' a r, 1 The rights herein conveyed may be exercised by Grantee at any time and 2 at all times for so long as Grantee, its successors or assigns, shall retain 3 the leasehold interest conveyed to it by that certain lease recorded in 4 Book 5803, page 698, Official Records of said County as such lease is 5 amended to delete therefrom the real property herein described. 6 IN WITNESS WHEREOF, said municipal corporation has caused its name to 7 be hereunto subscribed and its respective seal to be hereunto affixed by 8 its respective proper officers thereunto duly authorized. 9 10 Dated CITY OF REDLANDS 11 / By r4': )` 12 Mayor / 13 14 City 15 16 Space for Notary Acknowledgment Space for Recorder's Use 17 18 i 19 20 1 21 22 23 24 25 26 27 28 29 30 31 32 2- 7 . , 1 , l -, 4 i If ... ,.» 2 e..r.�,w°a u-,f v9!rr.,..•• .:sa f F • I NN i Jt '/. f••/ / J i • • • • r •• w 1 • • • a : • • i• • %. • t l i ti t ,y., t i 1 i 0 i rfeJ .. . , t .•.rs <s. I./r<I ` . _.— .— _ 1 U I D,I _ _, .-. l ` !Y.a{k. 4�y 4` �, T ‘ E � ti I \Ha ` •--In i 1 i \ , .,.t Y t h, j 1 NF F , n i 1. `. `� .. .. H ,- f I { .ar.. ..r c,• .1 I E I \. rf i 1 ,� I \ i r r r, 1 f i (�=. ��-L ., ./) i 1 i _ i J_.... i )iT C) I , i i r-\ \, • °' .„ ...., yr ,V 1 E r 1f ▪ ...• I N1.\ ...1,tl i 'v 'r 7 • t t I I 1 ri / i If • i1 A. E tit 1 -s!\ , 3 /ff/ t l i ' \ 4 i [ f j e� �4 1 i i4.-^ .. . \\ 1 J 4 c V r P I / t , :� 1 Is f ' ♦ i i d \ c - l /' �` / �, / ,/ 1 I TA `S 1 / NN J ti { ' 0 / _. .. -----. .. ..... ._.- _- -- - - 3 L If 1 _ _ `.. i d t— 7 1 1 r I ( I I I 1 7 It I I 1E I 1 I 1 1 I i 1 I • t 1 i I t 6 6 1 RESTRICTIVE EASEMENT 2 3 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 4 CIEY OF REDLANDS, a municipal corporation, and LOCKHEED PROPULSION COMPANY, 5 a Division of Lockheed Aircraft Corporation, a California corporation, do 6 hereby grant in perpetuity to the SAN BERNARDINO COUNTY FLOOD CONTROL 7 DISTRICT, a body corporate and politic, in, over and upon the real property 8 hereinafter described, the right to prohibit the excavation or mining of 9 earth or other mineral deposits below a plane beginning at natural ground 10 surface as the same exists along the Southerly line of Parcels 19--A and B 11 and Parcel 20 as described in Amendment to Lis Pendens recorded in Book 12 5090, page 361, Official Records of San Bernardino County, State of 13 California, and extending Southerly, at right angles to said Southerly lines, 14 at a decline of 1 vertical on 5 horizontal 15 SAID REAL PROPERTY IS DESCRIBED AS FOLLOWS 16 That portion of those parts of Sections 17, 20 and 21, Township 1 South, Range 2 West, San Bernardino Meridian, in the County of San Bernardino, 17 State of California, described in deeds to City of Redlands recorded October 8, 1951, in Book 2834, page 215, and recorded March 9, 1954 in Book 18 3341, page 556, both Official Records of said County, said portion described as follows 19 Commencing at a point in the centerline of Garnet Street (a 60 foot 20 street) , said point being distant along said centerline, North 0° 11 ' 30" East 133 52 feet from a 1/2 inch iron pipe marking the 21 intersection of said centerline with the South line of the North half of the North half of said Section 21, thence West 95 77 feet 22 to the True Point of Beginning, thence continuing West 100 63 feet, thence North 5° 26 ' 05" West 474.90 feet, thence Northwesterly 23 32.06 feet along a curve concave to the Southwest, having a central angle of 61° 13' 49" and a radius of 30 feet, the beginning tangent 24 thereof bearing North, thence North 61° 13' 49" West 561 09 feet, thence Northwesterly 2097 17 feet along a tangent curve, concave to 25 the Northeast, having a central angle of 11° 48' 54" and a radius of 10,170 feet, thence North 49° 24' 55" West 3265.29 feet, thence 2 6 North 40° 35' 05" East 100 feet, thence South 49° 24' 55" East 3265 29 feet, thence Southeasterly 2076 55 feet along a tangent curve 27 concave to the Northeast, having a central angle of 11° 48' 54", and a radius of 10,070 feet, thence South 61° 13' 49" East 561.09 2 8f, feet, thence Southeasterly 138.93 feet along a tangent curve, concave 29 to the Southwest, having a central angle of 61° 13' 49", and a radius of 130 feet, thence South 5° 26' 05" East 474 90 feet to the True Point of Beginning 30 31 Containing 13 4 acres, more or less 32 -1- IN WITNESS WHEREOF, the parties hereto have caused their respective 2 names to be hereunto subscribed and their respective seals to be hereunto 3 affixed by their respective proper officers thereunto duly authorized. d 5 Dated 6 7 CITY OF REDLANDS `/ Witness ( r1 8 By / '; �%, �, 7 'f Mayor 9 10 By( —��� l7 Ci ty`c? rk 12 LOCKHEED PROPULSION COMPANY, DIVISION OF LOCKHEED AIRCRAFT CORPORATION 13 By 14 Vice President, Lockheed Aircraft Corporation 15 By 16 Assistant Secretary, Lockheed Aircraft Corporation 17 // j( Space for Notary Acknowledgment • Space for Recorder's Use 18 19 20 21 22 23 24 25 26 • 27 28 29 30 31 Parcel No 29 Mill Creek Levee R/W 3.802/5 C3E-590/04005 32 -2-