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HomeMy WebLinkAboutDeeds & Easements_24-2019EAin/EMfR/E /2--i9P RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO - City Manager City of Redlands Post Office Box 3005 Redlands, California 92373 MAIL TAX STATEMENTS TO: City Manager City of Redlands Post Office Box 3005 Redlands, California 92373 Recorded in Official Records, County of San Bernardino BEiNARDINa BOB DUTTON ASSESSOR — RECORDER — CLERK P Counter Doc# 2019 — 0273309 r11111111111111U Titles Fees Taxes CA 932 Others 811212019 1121 At ALS SAN 1 Pages 13 e are e 0a Fee Bea • 00 Paid THIS SPACE FOR RECORDER'S USE ONLY APN 0170-28146, 18, 20 $-0- Documentary Transfer Tax Due Property situate in the City of Redlands, County of San Bernardino, State of California This conveyance is a charitable gift Grantors have received nothing in return R&T Code 11922 & 11930 GIFT DEED This Gift Deed (the "Gift Deed"), delivered to be effective August 7, 2019, is executed by Property One, LLC, a California limited liability company, (the "Grantor") in favor of the City of Redlands, a California municipal corporation, (the "Grantee") and The Redlands Parks Conservancy, a California nonprofit public benefit corporation, (the "Conservancy" and also the "Remainder Grantee") Firstly, as a charitable gift, with no consideration therefor, Grantor hereby conveys and assigns, without warranty, to Grantee all of Grantor's right, title, and interest in and to that certain real property in the City of Redlands, County of San Bernardino, State of California described in the attached and incorporated Exhibit B, together with all of Grantor's right, title, and interest in all improvements thereon and appurtenances thereto of every kind and nature (all collectively referred to herein as the "Property") THE PROPERTY IS CONVEYED TO GRANTEE SUBJECT TO (a) The RESTRICTIONS AND POWER OF TERMINATION set forth in the attached and incorporated Exhibit A, GIFT DEED APN 0170-281-16, 18, 2D Page 1 S0 00 (b) All liens, encumbrances, easements, covenants, conditions, and restrictions, and other matters of record, all of which matters are specifically incorporated herein by this reference, (c) All matters which would be revealed or disclosed in an accurate survey of the Property, (d) All matters which would be revealed or disclosed by a physical inspection of the Property, and (e) A lien not yet delinquent for taxes for real property and personal property, and all general or special assessments against the Property Secondly, also as a charitable gift, with no consideration therefor, Grantor hereby conveys and assigns, without warranty, to the Remainder Grantee a power of termination with respect to the Property which is exercisable pursuant to the terms and provisions set forth in Exhibit A hereto and which shall run with the land Dated August 2, 2019 PROPERTY ONE, LLC A California limited liability company By its Manager JUDSON & BROWN LLC A Nevada limited liability company Donald J Berry Manager GIFT DEED APN 0170-281-16, 18, 20 Page 2 CERTIFICATE OF ACCEPTANCE AND ACKNOWLEDGMENT This is to certify that the interest in real property conveyed by the above Gift Deed from Property One, LLC, a California limited liability company, as Grantor, to the City of Redlands, a California municipal corporation, as Grantee, has been accepted by Grantee, and Grantee consents to the recordation thereof by its duly authorized officer and agrees to be bound by the Restrictions and Power of Termination set forth in Exhibit A to the Gift Deed This is to further certify that the Power of Termination conveyed by the above Gift Deed from Property One, LLC, a California limited liability company, as Grantor, to The Redlands Parks Conservancy, a California nonprofit public benefit corporation, as Remainder Grantee, has been accepted by the Remainder Grantee, and Remainder Grantee consents to the recordation thereof and agrees to be bound by the Restrictions and Power of Termination set forth in Exhibit A to the Gift Deed Dated ATTEST 8/S "Grantee" CITY OF REDLANDS A California municipal corporation , 2019 By anne Donaldson City Clerk Dated. August 2, 2019 Danielle Garcia, Management Services/ Finance Director for Assistant City Manager Janice McConnell "Remainder Grantee" THE REDLANDS PARKS CONSERVANCY A California nonprofit public benefit corporation Aa• Jack ngermond Presi ent Laura Dangerniond Secretary GIFT DEED APN 0170-281-16, 18, 20 Page 3 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 ) SS. COUNTY OF SAN BERNARDINO On August 2, 2019, before me, VLrnt11L Ik4r4ly , a Notary Public, personally appeared Donald J Berry, Jr , who proved to on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument I certify under PENALTY QF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal (Seal .: VERONICA BURGESS „z4.0",...,a4,4% , Notary Public California L 2. • �N San Bernardino County z Z Commission # 2171206 3_ ,_° _ ,IVIy Comm. Expires Na_ 15.2020 I otary Public GIFT DEED APN 0170 281-16 18 20 Page 4 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 -5-An 1 &Y-CYCkf�c E On ic;L>S� "ac`��� before me �0.i�C� t�L�lf1S �e`�� i�kI {�' Date Here insert Name and Title of the Officer -earlv1C, bac oacSon----hCln?c, par a. personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persort s whose nam s Fare subscribed to the within instrument and acknowledged to me that't /§#e/they executed the same in h /her/their authorized capacity(ies), and that,by alis/he&ltheir signatures } on the instrument the person or the entity upon behalf of which the perso s) acted executed the instrument DIANA RAINS Notary Public - California z San Bernardino County Commission * 2175775 My Comm Ex iris Dec 16, 2020 Place Notary Seal and/or Stamp Above 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 official seal Signature OPTIONAL Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document T r� rr Title or Type of Document `" l�� ec A eo l -td' Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer - Title(s) ❑ Partner - 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Other Signer is Representing 0 Guardian of Conservator Signer's Name ❑ Corporate Officer - Title(s) ❑ Partner - 0 Limited 0 General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator O Other Signer is Representing ©2017 National Notary Association 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 ) SS ) On August 2, 2019, before me, V ill ,of , a Notary Public, personally appeared Jack Dangermond, who proved to me on the of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument 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 official seal VERONICA BURGESS (Seal)? Notary Public California z San Bernardino County z ' Commission # 2171206 n My Comm Expires 1_5 ,20_24 otary Public GIFT DEED APN 0170-281-16 18 20 Page 6 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 SS ) On August 2, 2019, before me, V_ IA( op e.g. I)iii'Q,ef f , a Notary Public, personally appeared Laura Dangermond, who proved to melon the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument 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 official seal B VERONICAryPublic BURGESS Seal „ti_, Notary Public California z a -ill: San Bernardino County z z Commission # 2171206 r 3, _ , My Gomm Expires Nov 15 2020 C ary'Public GIFT DEED APN 0170-281 16, 18, 20 Page 7 ("7_) EXHIBIT A RESTRICTIONS AND POWER OF TERMINATION Grantee's use of the Property is limited to those Permitted Uses identified hereinbelow Grantor's conveyance to Grantee, of fee title to the Property pursuant to the Gift Deed shall be subject to defeasance upon the exercise of the Power of Termination provided for herein (the "Power of Termination") The Power of Termination conveyed by Grantor to Remainder Grantee is exercisable by the Remainder Grantee, and its permitted successors in interest, as provided herein The Power of Termination is governed by (1) this instrument, 01) the provisions of California Civil Code §885.010 et sec [and any similar California statutes adopted in the future which address the same subject matter], and (iii) the body of California case law governing the enforceability of deed restrictions and related powers of termination, rights of reverter, reversionary interests, rights of re-entry, defeasible fee estates, and/or remainder interests References herein to "Holder" refer to and mean the Remainder Grantee and any permitted successor Remainder Grantee which becomes and is the holder of the Power of Termination with authority to exercise the same 1 Permitted Uses and Restrictions. Grantee, and its successors in interest, shall at all times (a) Make use of and maintain the Property as developed or undeveloped park land, green belt, open space, natural habitat, or any combination of the foregoing, for the common good or, as applicable, for the benefit and enjoyment of the citizens of Redlands and its surrounding communities (collectively the "Permitted Uses") and for no other purposes, (b) Assert, protect, and defend Grantee's ownership rights in and to the Property against all adverse claims, trespass, unlawful occupancy, vandalism, adverse possession and other unpermitted uses of any nature, [For the sake of clarity, Grantee will not sanction, lease, or otherwise actively or passively allow the Property to be used for any residency purposes whether temporary or permanent ] (c) Refrain from mortgaging or borrowing against the Property, or any part thereof, or granting, pledging or creating a security interest therein for any purpose, and (d) Refrain from allowing or causing any lien or judgment of any kind to be levied upon the Property, or any part thereof GIFT DEED APN 0170 281-15, 18, 20 Exhibit A — Page 1 2 Termination Events The occurrence of any one or more of the following shall constitute a "Termination Event" for the purposes of exercising the Power of Termination (a) A failure or cessation on the part of Grantee or its successors, at any time and for any reason, to make use of the Property for the Permitted Uses, or to maintain the same as provided in Item 1(a) above, for a period of sixty (60) consecutive days or longer, or for a period of ninety (90) or more days in any twelve (12) month period, and/or (b) A failure on the part of Grantee to meet any of the requirements of Items 1(b), 1(c) and/or 1(d) above 3. Notice and Cure Opportunities Upon the occurrence of a Termination Event, the Grantee's fee simple title to the Property shall be subject to defeasance by Holder upon its exercise of the Power of Termination in accordance with the notice and cure provisions set forth herein Prior to the Holder exercising the Power of Termination, Holder shall give written notice of the applicable Termination Event(s) to Grantee If Grantee fails to cure any Termination Event within the applicable time period specified therefor, Holder shall be entitled to exercise the right of termination by further notice given to Grantee in accordance with California Civil Code §885 050 and without need for civil litigation With respect to a Termination Event under Item 2(a) above, the period allowed for Grantee to cure the failure or default is ninety (90) days from receipt of written notice from Holder With respect to a Termination Event under Item 2(b) above, the period allowed for Grantee to cure the failure or default is sixty (60) days from receipt of written notice from Holder 4. Exercise of Power of Termination Upon the exercise of the Power of Termination by Holder, and provided that Holder then qualifies as a tax-exempt, non-profit public or private benefit corporation, Holder shall thereby acquire fee simple title to the Property, will then become the successor Grantee, and will thereafter hold, utilize, and maintain the Property for the Permitted Uses in compliance with this instrument If Holder should elect not to accept or not to continue to hold title to the Property at any time, or if Holder does not then qualify as a tax-exempt, non-profit public or private benefit corporation, then the successor to the Grantee shall be such other tax-exempt, non-profit public or private benefit entity or entities as the Trustees (or successor Trustees) of GIFT DEED APN 0170-281-16, 18, 20 Exhibit A— Page 2 The Jack and Laura Dangermond Trust (UDT dated 10/07/2000) (the "Dangermond Trust") shall appoint to succeed Grantee and to utilize the Property for the Permitted Uses in conformity with this instrument In the further event that the Trustees of the Dangermond Trust should for any reason fail or decline to establish or appoint a successor entity as the successor Grantee, then the Attorney General of the State of California ("Attorney General") shall have authority to appoint one or more tax-exempt, non-profit public or private benefit entities as successor Grantee(s) to utilize and maintain the Property for the Permitted Purposes in conformity with this instrument Any entity to be appointed as a successor Grantee must (i) operate in the City of Redlands or its surrounding communities, (ii) be dedicated to charitable purposes which are compatible with the Permitted Uses, and (iii) agree in writing to accept title to and hold the Property for the Permitted Uses pursuant to the provisions of this instrument. Any such appointment and each successor Grantee's acceptance thereof shall be effective upon recordation thereof in the official records of the County of San Bernardino 5 Successors of Remainder Grantee. Initially, the Remainder Grantee is The Redlands Parks Conservancy (the "Conservancy") If the Conservancy should cease to exist or fail to qualify as a tax exempt, non- profit public benefit corporation, then the Remainder Grantee shall be such other tax-exempt, non-profit public or private benefit entity or entities as the Trustees (or successor Trustees) of the Dangermond Trust shall appoint to utilize the Property for the Permitted Uses In the further event that the Trustees of the Dangermond Trust should for any reason fail or decline to establish or appoint a successor entity as the Remainder Grantee, then the Attorney General shall have authority to appoint one or more tax-exempt, non-profit public or private benefit entities as Remainder Grantee(s) with authority to act as provided herein Any entity to be appointed as a successor Remainder Grantee must (i) operate in the City of Redlands or its surrounding communities, (ii) be dedicated to charitable purposes which are compatible with the Permitted Uses, and (iii) agree in writing to accept the responsibilities of Remainder Grantee and, if ultimately required, to accept title to and hold the Property for the Permitted Uses pursuant to the provisions of this instrument Any such appointment and each successor's acceptance thereof shall be effective upon recordation thereof in the official records of the County of San Bernardino. GIFT DEED APN 0170 281 16, 18, 20 Exhibit A — Page 3 6. Assignability. The rights and duties of Holder hereunder are also assignable by the Holder, and its successors in interest, to an entity or entities which then qualify as tax-exempt, non-profit public or private benefit corporations Any entity accepting such an assignment as a successor must (i) operate in the City of Redlands or its surrounding communities, (ii) be dedicated to charitable purposes which are compatible with the Permitted Uses, and (iii) agree in writing to accept the responsibilities of Remainder Grantee and, if ultimately required, to accept title to and hold the Property for the Permitted Uses pursuant to the provisions of this instrument Any such assignment and each successor's acceptance thereof shall be effective upon recordation in the official records of the County of San Bernardino 7 Effect and Duration of Restrictions Unless and until ruled otherwise by final order or judgment of a court of competent jurisdiction, these Restrictions and Power of Termination shall run with the Property and shall be fully enforceable against the Grantee, its successors in interest, and any other person, entity, or governmental agency claiming any rights in or to the Property for the maximum duration possible under California law At a minimum, these Restrictions and Power of Termination shall run with the Property for an initial term of thirty (30) years from the date of recordation of the Gift Deed with Holder having the right to preserve and further extend the duration of the Power of Termination pursuant to California Civil Code §885.030 for as many consecutive extensions as are permitted thereunder 8. Construction and Interpretation. With regard to the enforcement hereof in any circumstance, it is the intent of Grantor, of Grantee, and of Remainder Grantee that the provisions of these Restrictions and Power of Termination be construed and interpreted as broadly as possible in favor of preserving the Property for the Permitted Uses and the common good for the longest duration possible END OF EXHIBIT A GIFT DEED APN 0170 281-16, 18, 20 Exhibit A — Page 4 EXHIBIT B LEGAL DESCRIPTION OF PROPERTY Real property in the City of Redlands, County of San Bernardino, State of California, described as follows PARCEL ONE (APN 0170-281-16) THAT PORTION OF SUB LOT 4 OF LOT 35, BLOCK 77, RANCHO SAN BERNARDINO, AS PER PLAT OF EAST REDLANDS, RECORDED IN BOOK 7 OF MAPS, PAGE 47, RECORDS OF SAID COUNTY, LYING NORTH OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD, ALSO THAT PORTION OF SAID LOT 35 IN BLOCK 77, OF RANCHO SAN BERNARDINO, IN THE SAID CITY AS PER SAID MAP OF EAST REDLANDS, LYING BETWEEN THE CENTER LINE OF MILL CREEK ZANJA AND THE NORTH LINE OF SAID SUB LOT 4, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON THE CENTER LINE OF LINCOLN STREET, (AS SHOWN ON THE RECORDED MAP OF EAST REDLANDS), DISTANT 1607 1 FEET FROM THE INTERSECTION OF SAID CENTER LINE OF LINCOLN STREET WITH THE PRESENT NORTH PROPERTY LINE OF CITRUS AVENUE, THE SAID POINT OF BEGINNING BEING ALSO ON THE NORTH LINE OF THE RIGHT OF WAY OF SAID RAILROAD, FROM THE ABOVE POINT OF BEGINNING THENCE ALONG THE CENTER LINE OF SAID LINCOLN STREET NORTH 00° 35' WEST, (MAGNETIC VARIATION 14° 30' EAST) 50 8 FEET TO A POINT IN THE CENTER OF MILL CREEK ZANJA; THENCE FOLLOWING THE CENTER LINE OF SAID MILL CREEK ZANJA AS NEARLY AS MAY BE IN A GENERAL NORTHWESTERLY DIRECTION TO A POINT WHERE THE WEST LINE OF AFORESAID SUB LOT 4, OF LOT 35 OF BLOCK 77, RANCHO SAN BERNARDINO, (PROLONGED NORTH) INTERSECTS THE SAID CENTER LINE OF MILL CREEK ZANJA, THENCE ALONG SAID WEST LINE OF SAID SUB LOT 4, SOUTH 0° 35' EAST 445 9 FEET TO A POINT ON THE NORTH LINE OF THE RIGHT OF WAY OF SAID RAILROAD, THENCE ALONG SAID NORTH LINE OF SAID RIGHT OF WAY OF SAID RAILROAD NORTH 68° 17' EAST 708 6 FEET TO THE POINT OF BEGINNING EXCEPTING THEREFROM THAT PORTION OF SUB LOT 4 OF LOT 35, BLOCK 77, RANCHO SAN BERNARDINO, IN THE CITY OF REDLANDS, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 47, RECORDS OF SAID COUNTY, LYING NORTH OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD RIGHT OF WAY, AND OF THAT PORTION OF SAID LOT 35, IN BLOCK 77 OF RANCHO SAN BERNARDINO, LYING BETWEEN THE CENTER LINE OF MILL CREEK ZANJA AND THE NORTH LINE OF SAID SUB LOT 4, DESCRIBED AS A WHOLE, AS FOLLOWS COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID RAILROAD RIGHT OF WAY AND THE WEST LINE OF SAID SUB LOT 4, THENCE NORTH 00 35' WEST 263.00 FEET ALONG THE WEST LINE OF SAID SUB LOT 4 TO THE TRUE POINT OF BEGINNING, THENCE FROM THE TRUE POINT OF BEGINNING NORTH 87° 29 1/21 EAST 11180 FEET; THENCE SOUTH 17° 48 1/2' EAST 40 61 FEET, THENCE NORTH 79° 03 1/2' EAST 101 13 FEET, THENCE NORTH 5° 21" WEST 154 27 GIFT DEED APN 0170 281-16, 18, 20 EXHIBIT B — Page 1 FEET TO THE NOW EXISTING AVERAGE CENTER LINE OF THE MILL CREEK ZANJA, THENCE ALONG THE AVERAGE CENTER LINE OF THE MILL CREEK ZANJA NORTH 86° 16 1/2' WEST 153 96 FEET, THENCE CONTINUING ALONG THE AVERAGE CENTER LINE OF THE MILL CREEK ZANJA TO ITS INTERSECTION WITH THE PROLONGATION NORTH OF THE SAID WEST LINE OF SUB LOT 4; THENCE SOUTH 0° 35' EAST ALONG THE SAID WEST LINE OF SUB LOT 4 TO THE TRUE POINT OF BEGINNING. PARCEL TWO (APN 0170-281-18). THAT PORTION OF SUB -LOT 4 OF LOT 35, BLOCK 77, RANCHO SAN BERNARDINO, AS PER PLAT OF EAST REDLANDS IN THE CITY OF REDLANDS, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 47, RECORDS OF SAID COUNTY, LYING NORTH OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD RIGHT OF WAY, AND OF THAT PORTION OF SAID LOT 35 IN BLOCK 77 OF RANCHO SAN BERNARDINO, LYING BETWEEN THE CENTER LINE OF MILL CREEK ZANJA AND THE NORTH LINE OF SAID SUB -LOT 4, DESCRIBED AS A WHOLE AS FOLLOWS COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID RAILROAD RIGHT OF WAY AND THE WEST LINE OF SAID SUB -LOT 4, THENCE NORTH 00 35' WEST, 263 00 FEET ALONG THE WEST LINE OF SAID SUB -LOT 4, THENCE NORTH 87° 29 1/2' EAST, 11180 FEET TO THE POINT OF BEGINNING, THENCE SOUTH 17° 48 1/2' EAST 40 61 FEET, THENCE NORTH 79° 03 1/2' EAST 101 13 FEET, THENCE NORTH 5° 21' WEST, 154 27 FEET TO THE NOW EXISTING CENTER LINE OF THE MILL CREEK ZANJA, NORTH 86° 16 1/2' WEST, TO A POINT WHICH IS NORTH 00 35' WEST FROM THE POINT OF BEGINNING, THENCE SOUTH 0635' EAST TO THE POINT OF BEGINNING PARCEL THREE (APN 0170-281-20)• THAT PORTION OF SUB -LOT 4, OF LOT 35, BLOCK 77, RANCHO SAN BERNARDINO, AS PER PLAT OF EAST REDLANDS, IN THE CITY REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 47, RECORDS OF SAID COUNTY, LYING NORTH OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD RIGHT OF WAY AND THAT PORTION OF SAID LOT 35, BLOCK 77, RANCHO SAN BERNARDINO, AS PER PLAT THEREOF RECORDED IN BOOK 7 OF MAPS, PAGE 2, LYING BETWEEN THE CENTER LINE OF MILL CREEK ZANJA AND THE NORTH LINE OF SUB -LOT 4, DESCRIBED AS FOLLOWS COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID RAILROAD RIGHT OF WAY AND THE WEST LINE OF SAID SUB -LOT 4, THENCE NORTH 0 DEGREE 35' WEST 263 FEET ALONG THE WEST LINE OF SAID SUB -LOT 4 TO THE TRUE POINT OF BEGINNING THENCE FROM SAID TRUE POINT OF BEGINNING NORTH 87 DEGREES 29 1/2' EAST 11180 FEET, THENCE NORTH 0 DEGREE 35' WEST TO A POINT IN THE NOW AVERAGE CENTER LINE OF MILL CREEK ZANJA; THENCE WESTERLY ALONG THE CENTER LINE OF SAID MILL CREEK ZANJA TO THE NORTHERLY PROLONGATION OF THE WEST LINE OF SUB -LOT 4, THENCE SOUTH 0 DEGREE 35' EAST ALONG THE WEST LINE OF SUB -LOT 4 TO THE TRUE POINT OF BEGINNING GIFT DEED APN 0170-281 16, 18, 20 EXHIBIT B— Page 2