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Home My WebLink AboutContracts & Agreements_109B-2018Recording RN RrdknericanTM Insurance CwpanY NafionalCommercialSer lOnOnlodo,CA RECORDING REQUESTED BY First American Title AND WHEN RECORDED !NAIL DOGUMENT TO: NAME CITY OF REDLANDS STREET Aooaess P.O. BOX 3005 ZIPCffY,CODE Redlands, CA 92373 21A CODE AGREEMENT Electronically Recorded in Official Records, County of San Bernardino BOB DUTTON y ASSESSOR - RECORDER - CLERK 468 First American Title Ontario Doc## 20 1 8-0284499 Titles Fees Taxes S Fee Others Title of Document Pard SPACE ABOVE FOR RECORDER's USE ONLY 8/0312018 04:46 PM ALS Pages 7 00 .00 .00 .00 Pursuant to Senate Bill 2 -- Building Homes and Jobs Act (GC Code Section 27388.1), effective January 1, 2018, a fee of seventy- five dollars ($75.00) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two.htfndred twenty-five dollars ($225.00). Reason for Exemption: Exempt from fee per GC 27388.1, recorded_, In. connection witl� a #ransfer subject to the imposition of documentary transfer tax (ITT) or r Exempt from fee per GC 27388.1, recorded in connection with a"'transfer of real propeify.that•i's a residential dwelling to an owner -occupier, or U Exempt from fee per GC 27388.1', recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on (date) as document number of Official Records. (Cap. $225.00) - [' Exempt from fee per CC 2738&1, fee cap of $225.00 reached, and/or Exempt from fee per GC 27388.1, not related to real property Failure to include an exemption reason If re'sult in the imposition of.the $75.60 Building Homes and Jobs Act fee. Fees collected are deposited to the State and may not be available for refund. ii' THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) 00 Re=dmg Requww k. SeArriedconT&Insumn eCw4mnY Ndonol Commercial 5eNtm Ontario, CA RECORDING REQUESTED BY First American Title AND WHEN RECORDED {NAIL DOCUMENT TO: NAME CITY OF REDLANDS STREET ADDRESS P.O. BOX 3005 CITY, STATE 8 ZIP CODE Redlands, CA 92373 SPACE ABOVE FOR RECORDER'S USE ONLY AGREEMENT Title of Document Pursuant to Senate Bill 2 — Building Homes and Jobs Act (GC Code Section 27388.1), effective January 1, 2018, a fee of seventy- five dollars ($75.00) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225.00). Reason for Exemption: Exempt from fee per GC 27388.1, recorded in connection with a transfer subject to the imposition of documentary transfer tax (DTT), or Exempt from fee per GC 27388.1, recorded in connection with a transfer of real property that is a residential dwelling to an owner -occupier, or Exempt from fee per GC 27388.1, recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on (date) as document number of Official Records. (Cap. $225.00) Exempt from fee per GC 27388.1, fee cap of $225.00 reached, and/or Exempt from fee per GC 27388.1, not related to real property Failure to include an exemption reason will result in the imposition of the $75.00 Building Homes and Jobs Act fee. Fees collected are deposited to the State and may not be available for refund. THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) WHEN RECORDED, RETURN TO: City of Redlands P.O. Box 3005 Redlands, California 92373 Attention: City Clerk ACCESS AND AGRICULTURAL PRODUCTION CONSERVATION EASEMENT This Access and Agricultural Production Conservation Easement (the "Easement") is executed as of this?)Oday of August, 2018 by and between NEWLAND HOMES LLC, a California limited liability company ("Grantor"), and CITY OF REDLANDS, a municipal corporation ("Grantee"). RECITALS A. Grantor owns certain real property located in the City of Redlands (the "C"), San Bernardino County, California and legally described in Exhibit "A" attached hereto (the "Property"). B. Grantee has been producing agriculture on the Property for many years. C. Grantee desires to acquire from Grantor, and Grantor desires to grant to Grantee, a perpetual, non-exclusive easement and right-of-way in, on, over, under, and across those portions of the Property for the benefit of the Grantee Property and for (i) ingress, egress, and access for agricultural production and conservation purposes, and (ii) planting, installation, construction, inspection, maintenance, harvesting, repair, operation, replacement, and removal from time to time of any agriculture and related farming improvements. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Agricultural Improvements and Access Easement. Grantor hereby grants and conveys to Grantee and Grantee's agents, employees, contractors, and subcontractors, a perpetual, non-exclusive easement in, on, over, under, and across the Property for the benefit of the Grantee Property for ((i) ingress, egress, and access for agricultural production purposes, and (ii) planting, installation, construction, inspection, maintenance, harvesting, repair, operation, replacement, and removal from time to time of any agriculture and related farming improvements, including, but not limited to, trees, plants, irrigation lines, well, generators and any other farming equipment. All work and materials relating to the construction of any agricultural improvements within the Property by Grantee shall be paid for by Grantee. Grantee will be responsible, at Grantee's sole cost and expense for all costs of installation, construction, inspection, maintenance, modification, repair, operation, or replacement of any agricultural improvements constructed on the Property by Grantee. 2. Grant of Profits. Grantee shall retain any agricultural products and related profit produced by Grantee on the Property. 3. Indemnification. Grantee shall indemnify, defend, and hold Grantor harmless from and against any claims, damages, liability, judgments, loss, cost, or expense, including, reasonable attorney's fees, arising from or related to injuries to person or property caused by any entry by Grantee or its agents, employees, licensees, contractors, or subcontractors onto the Property. This indemnification shall not apply to any claims or damages arising from the negligent acts or omissions or willful misconduct of Grantor or any employees, agents, consultants, contractors, or subcontractors of Grantor. 4. No Assignment. The rights in this Easement are personal to the Grantee. Grantee shall not assign its rights under this Easement. 5. Not a Public Dedication. Nothing contained in this Easement shall be deemed to be a conveyance or dedication of any portion of the Property to the general public or for any public purpose whatsoever. 6. Miscellaneous. (a) No modification of this Easement shall be effective unless it is in writing and is signed by the then owner(s) of the Property and Grantee. (b) If any term, provision, or covenant contained in this Easement shall be held invalid or unenforceable, the remainder of this Easement shall not be affected thereby, and each term, provision, and condition hereof shall be valid and enforceable to the fullest extent permitted by law. (c) Grantor and Grantee agree to perform, execute, and/or deliver any and all such further acts, instruments and assurances as may be reasonably required to effect the provisions of this Easement. (d) This Easement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, together, shall constitute one and the same instrument. [Remainder of this page intentionally left blank. Signature page(s) follow.] IN WITNESS WHEREOF, the parties have executed this Easement as of the date first set forth above. GRANTOR: NEWLAND HOMES LLC, a California limited liability company S� �� By. Ian Harvey, its a 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 ORANGE ) On 1S U It before me, JI)a n SA.� Jo , Notary Public, personally appeared r,.% vvGy , who proved to me on the basis of satisfactory evidence to be the personO whose name(i) is/ak subscribed to the within instrument and acknowledged to me that he/sMIthey executed the same in his/her/tbAr authorized capacity(io, and that by his/her bpir signature(g) on the instrument the person(sl, or the entity upon behalf of which the person(p) 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. Signature JOCELYN SALGADO Notary Public - California = Orange County p r Commission k 2189815 My Comm. Expires Apr 21, 2I}21 This area for official notarial seal GRANTEE: CITY OF REDLANDS, a munici al corporation By: (3:�� O�CZZL' Paul W. Foster, Mayor ATTEST: r ' J e. Donaldson; City Clerk 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 BERNARDINOp) ,, ` On <� ] I 1 � 2 o before me, OeL� ACAQ ]fil(�i [ Notary Public, personally appe d ho proved to me on the basis of satisfactory evidence to be the perso s) whose name s® is/ re subscribed to the within instrument and acknowledged to me that he/she/ a executed the same in his/her ei:r authorized capacity tes , and that by his/her/losignatur<s on the instrument the perso s) or the entity upon behalf of which the persor( 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. �ooe0eoeoCOC40004o0oC0oD00000pDppppppppppap4C00o00 s° _,.�' ; HEATHRR MACDONALD R COMM. # 22 t 6458 U �` NOTARY F�ICICAUFORNLA R c SAN BERNARDNO COUNTY $U 21 g00000000000v0000Ooo�00000 u�000�MOODD0000 oao� 000000b This area for official notarial seal I certify under penalty ofperjury and the laws of the State of California that the illegible portion of this document to which this statement is attached reads as follows: ATTEST; Jeanne Donaldson, City Clerk CITY OF REDLANDS INCORPORATED 1888 CALIFORNIA Place of Ex u ' n: ONTARIO, CA ate: August 3, 2018 Signature. EST, of First American Title Company EXHIBIT "A" Legal Description of Property Real Property situated in the City of Redlands, County of San Bernardino, State of California, and is described as follows: THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF REDLANDS, ACCORDING TO GOVERNMENT SURVEY. EXCEPT THOSE PORTIONS AS CONVEYED TO THE CITY OF REDLANDS BY DEED RECORDED MAY 24, 1988 AS INSTRUMENT NOS. 163128, 163129, 163130, 163131. APN: 0168-161-07