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HomeMy WebLinkAboutDeeds & Easements_11-1993EAGREEMENT C(OPY FOR CONVEYANCE OF EASEMENT THIS AGREEMENT is entered into by and between the CITY OF REDLANDS ("Grantee") and THE HOPE CHRISTIAN SCHOOL SOCIETY OF REDLANDS, CALIFORNIA, a California non-profit corporation ("Grantor"). RECITALS A. Grantor owns certain real property located in the City of Redlands which is described in Exhibit "A" attached hereto (the "Easement Property"). S. Grantee desires to purchase an easement in the Easement Property and Grantor desires to sell and convey an easement in the Easement Property as described in Exhibit "A" (the "Easement"). C. The parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Easement. AGREEMENT The parties therefore agree as follows: 1. PURCHASE. Grantee agrees to buy and Grantor agrees to sell and convey the Easement for the purchase price and upon the terms and conditions hereinafter set forth. 2. ESCROW. Within five (5) days after the execution of this Agreement by all parties, Grantee shall open an escrow (the "Escrow") with Chicago Title Company (the "Escrow Holder") for the purpose of consummating the purchase and sale of the Easement. The parties hereto shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to consummate this transaction. Any such instructions shall not conflict with, amend, or supersede any provisions of this Agree- ment. If there is any inconsistency between such instructions and this Agreement, this Agreement shall control unless the parties agree in writing otherwise. The Escrow Instructions shall include the following terms and conditions of sale: _1- L10164445 2.1 Purchase Price. The total purchase price for the Easement shall be the lump sum of Four Thousand Sixty Dollars ($4,060.00), plus interest in the amount of Three Hundred Eighty Five and 42/100 Dollars ($385.42) through and including December 31, 1992, plus interest in the amount of Fifty Nine Cents (.59) per day from January 1, 1993, through the Close of Escrow, which shall be paid by Grantee to Grantors through Escrow Holder in cash at Close of Escrow. 2.2 Close of Escrow. Escrow shall close on or before sixty ( 60 ) days following the execution of this Agreement (the "Close of Escrow"). If the Escrow is not in a condition to close by the Close of Escrow, any party who is not then in default may, in writing, demand the return of its money and/or documents. Thereupon all obligations and liabilities of the parties under this Agreement shall cease and terminate. If no such demand is made, Escrow shall be closed as soon as possible. 2.3 Conditionof Title to _Property Grantor shall convey title to the Easement to Grantee as evidenced by a CLTA Standard Form Policy or Binder of Title Insurance ("Title Policy") issued by Chicago Title Company, Order No. 9113304-20, in an amount equal to the purchase price. The Title Policy shall show as exceptions with respect to the Easement only matters approved in writing by Grantee. Any exceptions to title representing monetary liens or encumbrances are hereby disapproved by Grantee, and Escrow Holder is hereby authorized and instructed to cause the reconveyance, partial reconveyance, or subordination, as the case may be, of any such monetary exceptions to Grantee's title to the Easement at or prior to the Close of Escrow. 2.4 Escrow and Closing Costs. Grantee shall pay the cost of the Title Policy, the Escrow fees, and all recording costs and other costs and expenses incurred herein. All parties acknowledge that Grantee is exempt from payment of documentary transfer taxes. 2.5 Deposit of Funds and Documents. A. Prior to Close of Escrow, Grantee shall deposit into Escrow (i) all Escrow and Closing Costs as described above; (ii) the purchase price to be paid to Grantors through Escrow; (iii) such other documentation as is necessary to close Escrow. -2- LMH164445 B. Prior to the Close of Escrow, Grantor shall deposit into Escrow (i) the properly executed Easement Deed, a copy of which is attached as Exhibit "A"; (ii) such other documents and sums, if any, as are necessary to close Escrow in conformance herewith. 2.6 Grantee's Conditions Precedent to Close of Escrow. The Close of Escrow is subject to the following condi- ti.ons : (a) All representations and warranties of Grantor set forth in this Agreement shall be true and correct as of the Close of Escrow. (b) Grantor shall timely perform all obligations required by the terms of this Agreement to be performed by it. 2.7 Grantor's Conditions Precedent to Close of Escrow. For the benefit of Grantor, the Close of Escrow shall be conditioned upon the timely performance by Grantee of all obliga- tions required by the terms of this Agreement. 3. REPRESENTATIONS AND WARRANTIES OF GRANTOR. Grantor makes the following representations and warran- ties with respect to the Easement Property, each of which shall survive the Close of Escrow: (a) The execution and delivery of this Agreement by Grantor, Grantor's performance hereunder, and the consummation of this transaction will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Grantor is at present a party, or by which Grantor is bound; (b) To Grantor's knowledge, no litigation and no govern- mental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Easement Property is pending, proposed or threatened; (c) Grantor will not enter into any agreements or undertake any new obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect the Easement Property without the prior written consent of Grantee; and (d) Grantor has and shall have paid before Close of Escrow all taxes and assessments levied and assessed against the Easement Property and the larger parcel of which it is a part. If not paid prior to Close of Escrow, Grantor hereby authorizes Escrow Holder to disburse to the taxing authority from funds otherwise due -3- LMH164445 to Grantor an amount sufficient to discharge said taxes and/or assessments. These representations and warranties shall survive the Close of Escrow. 4. ACKNOWLEDGEMENT OF FULL BENEFITS AND RELEASE. A. By execution of this Agreement, Grantor, on behalf of itself and its heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Easement by Grantee, and Grantor hereby expressly and unconditionally waives any claim(s) for damages, relocation assistance benefits, severance damages, interest (other than as described in Section 2.1 above), loss of goodwill, claims for inverse condemnation or unreasonable precon- demnation conduct, or any other compensation or benefits other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Easement. B. This Agreement arose out of Grantee's efforts to acquire the Easement through an eminent domain action filed in the San Bernardino County Superior Court, bearing Case No. 265330. Grantor, on behalf of itself, its heirs, executors, administrators, successors and assigns, hereby fully releases Grantee, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained, or may be sustained, arising out of or related to the eminent domain action, or as a result of Grantee's efforts to acquire the Easement or to construct the works of improvement thereon, or any preliminary steps thereto. Grantor further waives any rights it may have in the money deposited by Grantee to secure an order for prejudgment possession of the Easement in the eminent domain action, and agrees to its dismissal from the eminent domain action upon Close of Escrow. Upon Close of Escrow, Grantee may dismiss the aforementioned eminent domain suit with all parties absorbing their respective attorney fees and costs. Grantor hereby acknowledges that it has been advised by its attorneys concerning, and is familiar with, the provisions of California Civil Code section 1542, which provides as follows: "A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have -4- LMH164445 materially affected his settlement with the debtor." Grantor acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspect- ed, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Grantor hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which it may have under California Civil Code section 1542, or under any statute or common law or equitable principal of similar effect. This acknowledgment and release shall survive the Close of Escrow. 5. REMEDIES If Grantor defaults under this Agreement, then Grantee may, at Grantee's option, terminate the Escrow or initiate an action for specific performance of this Agreement, or pursue any other rights or remedies that Grantee may have at law or in equity, including without limitation any rights it may have under the law of eminent domain or any rights it may have to enforce this settlement agreement in the aforementioned eminent domain action. If Grantee defaults under this Agreement, then Grantor may, at Grantor's option, terminate the Escrow or pursue any rights or remedies that Grantor may have at law or in equity. 6. MISCELLANEOUS. A. Notice. Any notice to be given or other document or documents to be delivered to either party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: Grantor: Hope Christian School Society 1309 E. Brockton Ave. Redlands, CA 92374 Grantee: City of Redlands c/o Kendall H. MacVey Best, Best & Krieger 400 Mission Square 3750 University Avenue Riverside, CA 92502 Any notice or other document sent by registered or certified mail as aforesaid shall be deemed to have been effective- -5- LMH164445 ly served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice in the United States mail. B. Time of Essence. Time is of the essence with respect to each and every provision hereof. C. Assignment. Neither this Agreement, nor any interest herein, shall be assignable by any party without prior written consent of the other parties. D. Governing Law. All questions with respect to this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. E. Inurement. Subject to the restrictions against assignment as herein contained, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the parties hereto. F. Attorney Fees. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees and costs. G. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. H. Additional Documents. The parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement. I. No Merger. All warranties, representations, acknowledgments, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the Easement Deed. J. Authority to Execute on Behalf of Grantor. Otto Gaastra represents and warrants to Grantee that he is the president of The Hope Christian School Society of Redlands, California, a California non-profit corporation, and that he is authorized by said corporation to execute this Agreement on its behalf and to make the releases and waivers set forth herein. LMH164445 K. Authority to Execute on Behalf of Grantee. Gary Luebbers represents and warrants that he is the Interim City Manager of the City of Redlands, and that he is authorized by Grantee to execute this Agreement on its behalf. L. Ratification. This Agreement is subject to approval and ratification by the City Council of the City of Redlands. M. Counterparts. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. EXECUTED on the date or dates set forth below. This Agreement shall be effective as of the date signed by all parties. DATED: Grantee: Attest: DATED: -7- LM8154445 CITY OF REDLANDS By: Gary Luebbers Interim City Manager Grantor: THE HOPE CHRISTIAN SCHOOL SOCIETY OF REDLANDS, CALIFORNIA, a California non- profit corporation By: Otto Gaastra President RECORDING REQUESTED BY: City of Redlands AND WHEN RECORDED HAIL TO: city Clerk City of Redlands 30 Cajon Street P.O. Box 3005 Redlands, CA 92373 FOR RECORDER'S TJSE ONLY No recording fee required; this document is exempt from fee pursuant to Government Code Section 6103 EASEMENT DEED FOR STORM DRAIN AND SANITARY SEWER LINE PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE HOPE CHRISTIAN SCHOOL SOCIETY OF REDLANDS, CALIFORNIA, a California. non-profit corporation (hereinafter, "Grantor") does hereby grant and convey to CITY OF REDLANDS, a_ municipal corporation and political subdivision of the State of California, its successors and assigns ("City"), an exclusive, permanent and perpetual easement, together with the right to forever maintain, operate, improve, alter, relocate, reconstruct, inspect, repair, occupy and use, and otherwise install necessary appurtenances thereto, for the construction and maintenance of storm drain and sanitary sewer line facilities as determined necessary by the City of Redlands, its successors and assigns (collectively, the "City"), both above and below the ground level, together with all necessary rights of ingress and egress to said easement over and across contiguous land owned by Grantor in connection with the exercise of any of the rights granted herein, under and across the following described real property in the County of San Bernardino, State of !®ti. P OF California, to wit: See Legal Description Attached as Exhibit "A." Grantor shall be entitled to utilize the easement area for parking, playground and/or landscaping purposes. Grantor shall not, however, erect or construct, or permit to be erected or constructed, any building, structure or permanent improvement on, over or under any portion of the easement. City shall be entitled to trim, cut, or clear away any trees, brush, or other, vegetation or flora from time to time as City determines in its sole discretion without paying any additional compensation to Grantor. Grantor agrees that no other easement or easements shall be granted on, under, or over, this easement. City may at any time change the location of pipelines or other facilities within the boundaries of the easement right--of-way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to Grantor, provided City does not expand its use of the easement beyond the easement boundaries described above. Grantor shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the easement which exist at the time this document is executed without obtaining the prior written consent of City. IN WITNESS WHEREOF, Grantor has caused these presents to be signed on the date indicated below. Dated: THE HOPE CHRISTIAN SCHOOL SOCIETY OF REDLANDS, CALIFORNIA, a California non --profit corporation By: Otto Gaastra, President By: Name: Title: EXHIBIT _6 PAGE _.A OF LMH164522 STATE OF CALIFORNIA ) COUNTY OF ) On , 1993, before me, the undersigned notary public, personally appeared personally known to me OR L1 proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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. WITNESS my hand and official seal. Signature -of Notary EXHIBlr , PAGE 3 OF LMH 1 b4522 I Exhibit "A1l LEGAL DESCRIPTION APN 168-241-13 THAT PORTION OF LOT 42 OF THE UNIVERSITY TRACT AS PER PLAT RECORDED IN BOOK 17 OF MAPS PAGE 36 RECORDS OF THE COUNTY OF SAN BERNARDINO , STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS. FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF' SAID LOT 42; THENCE ALONG THE EASTERLY LINE OF SAID LOT 4Z SOUTH A DISTANCE OF 33.35 FEET; THENCE NORTE 84009'06" WEST A DISTANCE. OF 180.93 FEET; THENCE' NORTH. A DISTANCE. OF 13 .14 FEET TO THE: NORTHERLY LINE. OF SAID LOT 42. THENCE. ALONG SAID NORTHERLY LINE. NORTH 89 ° 26' 01" EAST' A DISTANCE OF' 180.00 FEET' TO THE: POINT OF BEGINNING. LMS53975 EXH I BIT ��, PAGE OF ,. 2.1 Purchase Price. The total purchase price for the Easement shall be the lump sum of One Thousand Three Hundred Forty Dollars ($1.,340.00), plus interest in the amount of one Hundred Twenty Seven and 22/100 Dollars ($127.22) through and including December 31, 1992, plus interest in the amount of Nineteen Cents (.19) per day from January 1, 1993, through the Close of Escrow, which shall be paid by Grantee to Grantors through Escrow Holder in cash at Close of Escrow. 2.2 Close of Escrow. Escrow shall close on or before sixty (60) days following the execution of this Agreement (the "Close of Escrow") . If the Escrow is not in a condition to close by the Close of Escrow, any party who is not then in default may, in writing, demand the return of its money and/or documents. Thereupon all obligations and liabilities of the parties under this Agreement shall cease and terminate. If no such demand is made, Escrow shall be closed as soon as possible. 2.3 Condition of Title to Property Grantor shall convey title to the Easement to Grantee as evidenced by a CLTA Standard Form Policy or Binder of Title Insurance ("Title Policy") issued by Chicago Title Company, Order No. 9113305-20, in an amount equal to the purchase price. The Title Policy shall show as exceptions with respect to the Easement only matters approved in writing by Grantee. Any exceptions to title representing monetary liens or encumbrances are hereby disapproved by Grantee, and Escrow Holder is hereby authorized and instructed to cause the reconveyance, partial reconveyance, or subordination, as the case may be, of any such monetary exceptions to Grantee's title to the Easement at or prior to the Close of Escrow. 2.4 Escrow and Closing Costs. Grantee shall pay the cost of the Title Policy, the Escrow fees, and all recording costs and other costs and expenses incurred herein. All parties acknowledge that Grantee is exempt from payment of documentary transfer taxes. 2.5 Deposit of Funds and Documents. A. Prior to Close of Escrow, Grantee shall deposit into Escrow (i) all Escrow and Closing Costs as described above; (ii) the purchase price to be paid to Grantors through Escrow; (iii) such other documentation as is necessary to close Escrow. -2- LMR164519 B. Prior to the Close of Escrow, Grantor shall deposit into Escrow (i) the properly executed Easement Deed, a copy of which is attached as Exhibit "A"; (ii) such other documents and sums, if any, as are necessary to close Escrow in conformance herewith. 2.6 Grantee's Conditions Precedent to Close of Escrow. The Close of Escrow is subject to the following condi-- tions: (a) All representations and warranties of Grantor set forth in this Agreement shall be true and correct as of the Close of Escrow. (b) Grantor shall timely perform all obligations required by the terms of this Agreement to be performed by it. 2.7 Grantor's Conditions Precedent to Close of Escrow. For the benefit of Grantor, the Close of Escrow shall be conditioned upon the tamely performance by Grantee of all obliga- tions required by the terms of this Agreement: 3. REPRESENTATIONS AND WARRANTIES OF GRANTOR. Grantor makes the following representations and warran- ties with respect to the Easement Property, each of which shall survive the Close of Escrow: (a) The execution and delivery of this Agreement by Grantor, Grantor's performance hereunder, and the consummation of this transaction will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Grantor is at present a party, or by which Grantor is bound, (b) To Grantor's knowledge, no litigation and no govern- mental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Easement Property is pending, proposed or threatened; (c) Grantor will not enter into any agreements or undertake any new obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect the Easement Property without the prior written consent of Grantee; and (d) Grantor has and shall have paid before Close of Escrow all taxes and assessments levied and assessed against the Easement Property and the larger parcel of which it is a part. If not paid prior to Close of Escrow, Grantor hereby authorizes Escrow Holder to disburse to the taxing authority from funds otherwise due -3- LMN164519 to Grantor an amount sufficient to discharge said taxes and/or assessments. These representations and warranties shall survive the Close of Escrow. 4. ACKNOWLEDGEMENT OF FULL BENEFITS AND RELEASE. A. By execution of this Agreement, Grantor, on behalf of itself and its heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Easement by Grantee, and Grantor hereby expressly and unconditionally waives any claim(s) for damages, relocation assistance benefits, severance damages, interest (other than as described in Section 2.1 above), loss of goodwill, claims for inverse condemnation or unreasonable precon- demnation conduct, or any other compensation or benefits other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Easement. B. This Agreement arose out of Grantee's efforts to acquire the Easement through an eminent domain action f iled in the San Bernardino County Superior Court, bearing Case No. 265330. Grantor, on behalf of itself, its heirs, executors, administrators, successors and assigns, hereby fully releases Grantee, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained, or may be sustained, arising out of or related to the eminent domain action, or as a result of Grantee's efforts to acquire the Easement or to construct the works of improvement thereon, or any preliminary steps thereto. Grantor further waives any rights it may have in the money deposited by Grantee to secure an order for prejudgment possession of the Easement in the eminent domain action, and agrees to its dismissal from the eminent domain action upon Close of Escrow. Upon Close of Escrow, Grantee may dismiss the aforementioned eminent domain suit with all parties absorbing their respective costs. Grantor hereby acknowledges that it has been advised by its attorneys concerning, and is familiar with, the provisions of California Civil Code section 1542, which provides as follows: "A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have --4 -- LHH164549 materially affected his settlement with the debtor." Grantor acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspect- ed, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Grantor hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which it may have under California Civil Code section 1542, or under any statute or common law or equitable principal of similar effect. This acknowledgment and release shall survive the Close of Escrow. 5. REMEDIES If Grantor defaults under this Agreement, then Grantee may, at Grantee's option, terminate the Escrow or initiate an action for specific performance of this Agreement, or pursue any other rights or remedies that Grantee may have at law or in equity, including without limitation any rights it may have under the law of eminent domain or any rights it may have to enforce this settlement agreement in the aforementioned eminent domain action. If Grantee defaults under this Agreement, then Grantor may, at Grantor's option, terminate the Escrow or pursue any rights or remedies that Grantor may have at law or in equity. 6. MISCELLANEOUS. A. Notice. Any notice to be given or other document or documents to be delivered to either party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: Grantor: Hope Protestant Reformed Church 1307 E. Brockton Ave. Redlands, CA 92374 Grantee: City of Redlands c/o Kendall H. MacVey Best, Best & Krieger 400 Mission Square 3750 University Avenue Riverside, CA 92502 Any notice or other document sent by registered or certified mail as aforesaid shall be deemed to have been effective-- -5- LHH164519 ly served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice in the United States mail. B. Time of Essence. Time is of the essence with respect to each and every provision hereof. C. Assignment. Neither this Agreement, nor any interest herein, shall be assignable by any party without prior written consent of the other parties. D. Governing Law. All questions with respect to this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. E. Inurement. Subject to the restrictions against assignment as herein contained, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the parties hereto. F. Attorney Fees. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees and costs. G. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. H. Additional Documents. The parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement. I. No Merger. All warranties, representations, acknowledgments, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the Easement Deed. J. Authority, to Execute on Behalf of Grantor. Arie den Hartog represents and warrants to Grantee that he is the president of Hope Protestant Reformed Church of Redlands, California, a California non-profit corporation, and that he is authorized by said corporation to execute this Agreement on its behalf and to make the releases and waivers set forth herein. MM LMH164519 K. Authority to Execute on Behalf of Grantee. Gary Luebbers represents and warrants that he is the Interim City Manager of the City of Redlands, and that he is authorized by Grantee to execute this Agreement on its behalf. L. Ratification. This Agreement is subject to approval and ratification by the City Council of the City of Redlands. M. Counterparts. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. EXECUTED on the date or dates set forth below. This Agreement shall be effective as of the date signed by all parties. DATED: Attest: DATED: -'7 - LHH1b4514 Grantee: CITY OF REDLANDS By: Gary Luebbers Interim City Manager Grantor: HOPE PROTESTANT REFORMED CHURCH OF REDLANDS, CALIFORNIA, a California non-profit corporation By: Arie den Hartog President RECORDING REQUESTED BY: City of Redlands AND wMW RECORDED MAIL TO: City Clerk City of Redlands 30 Cajon Street P.O. Sox 3005 Redlands, CA 92373 FOR RECORDER'S USE ONLY No recording fee required; this document is exempt from fee pursuant to Government Code Section 6103 EASEMENT DEED FOR STORM DRAIN AND SANITARY SEWER LINE PURPOSES FOR VALUABLE CONSIDERATION, receipt Of which is hereby acknowledged, HOPE PROTESTANT REFORMED CMMCH OF REDLANDS, CALIFORNIA, a California non-profit corporation (hereinafter, "Grantor") does hereby grant and convey to CITY OF REDLANDS, a municipal. corporation and political subdivision of. the State of California, its successors and assigns ("City"), an exclusive, permanent and perpetual easement, together with the right to forever maintain, operate, improve, alter, relocate, reconstruct, inspect, repair, occupy and use, and otherwise install necessary appurtenances thereto, for the construction and maintenance of storm drain and sanitary sewer line facilities as determined necessary by the City of Redlands, its successors and assigns (collectively, the "City"), both above and below the ground level, together with all necessary rights of ingress and egress to said easement over and across contiguous land owned by Grantor in connection with the exercise of any of the rights granted herein, under and across the following described real property in the County of San Bernardino, State of EXHIBIT __�.._, PAGE OF�.... California, to wit: See Legal Description Attached as Exhibit "A." Grantor shall be entitled to utilize the easement area for parking, playground and/or Landscaping purposes. Grantor shall not, however, erect or construct, or permit to be erected or constructed, any building, structure or permanent improvement on, over or under any portion of the easement. City shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from, time to time as City determines in its sole discretion without paying any additional compensation to Grantor. Grantor agrees that no other -easement or -easements shall be granted on, under, or over this easement. City may at any time change the Location of pipelines or other facilities within the boundaries of the easement right-of-way, or modify the size of existing pipelines or other improvements as it. may determine in its sale discretion from time to time without paying any additional compensation to Grantor, provided City does not expand its use of the easement beyond the easement boundaries described above. Grantor shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the easement. which exist at the time this document is executed without obtaining the prior written consent of City. IN WITNESS WHEREOF, Grantor has caused these presents to be signed on the date indicated below. Dated: HOPE PROTESTANT REFORMED CHURCH OF REDLANDS, CALIFORNIA, a California non-profit corporation By: Arie den Hartog, President By: Name: Title: EXHIBIT , PAGE at OF LMN164523 STATE OF CALIFORNIA ) ss. COUNTY OF ) On , 1993, before me, the undersigned notary public, personally appeared Lj personally known to me OR LJ 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. WITNESS my hand and. official seal. Signature of Notary EXHIBIT PAGE I OF LAN164523 Exhibit "A" LEGAL DESCRIPTION APN 168-241-19 THAT PORTION OF LOT 42 OF THE UNIVERSITY TRACT AS PER PLAT RECORDED IN BOOK 17 OF MAPS PAGE 36 RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 42; THENCE ALONG THE NORTHERLY LINE' OF SAID LOT 42 NORTH 8 9 " 2 6 ' 01" EAST A DISTANCE OF 150.18 FEET; THENCE SOUTH A DISTANCE OF 13.14 FEET; THENCE NORTH 84"09' 06" WEST A DISTANCE. OF 99.66 FEET TO A LINE, SAID LINE BEING PARALLEL AND 2-00 FEET SOUTHERLY OF SAID NORTHERLY LINE; THENCE ALONG SAID LINE. SOUTH 89026' 011" WEST A DISTANCE: OF 51.37 FEET TO THE. WESTERLY LINE OF SAID LOT 42; THENCE ALONG SAID WESTERLY LINE NORTH A DISTANCE OF 2.00 FEET' TO THE POINT OF BEGINNING. LMH5397S EXHIBIT , PAGE OF , BEST, BEST & KRIEGER A PARiTIERSHIP INCWDNG PROFESSIONAL CORPORATIONS LAWYERS ARTHUR L. LITTLEWORTH' ANTONIA GRAPHOS STEVEN C. D.BAUN MARY E. GILSTRAP GLEN E. STEPHENS* GREGORY K. WILKINSON BRANT H. DVEIRIN DANIEL C. PARKER, JR. WILLIAM R. DOWOLFE' WYNNE S. FURTH ERIC L. GARNER GINEVRA C. MARUM BARTON C. GAUT, DAVID L. BARON DENNIS M. COTA GLENN P. SABINE PAUL T. SELZER' GENE TANAKA JULIE HAYWARD BIGGS CHRISTINE L. RICHARDSON DALLAS HOLMES. BASIL T. CHAPMAN RACHELLE J. NICOLLE JOANE GARCIA-COLSON CHRISTOPHER L. CARPENTER' TIMOTHY M. CONNOR ROBEHT W. HARGREAVES PHILIP J. KOEHLER RICHARD T. ANDERSON' VICTOR L. WOLF JANICE L. WEIS DIANE C. WIESE JOHN D. WAHLIN' DANIEL E. OLIVIER SHARYL WALKER REBECCA MARES DURNEY MICHAEL 0. HARRIS' DANIEL J. McHUGH PATRICK H. W. F. PEARCE ALLISON C. HARGRAVE W. CURT EALY' HOWARD B. GOLDS KIRK W. SMITH DOROTHY I. ANDERSON THOMAS S. SLOVAK' STEPHEN P. OEITSCH JASON D. DABAREINER G. HENRY WELLES JOHN E. BROWN' MARC E. EMPEY KYLE A. SNOW JAMES R. HARPER MICHAEL T. RIDDELL' JOHN R. ROTTSCHAEFER MARK A. EASTER DINA O. HARRIS MEREDITH A. JURY' MARTIN A- MUELLER DIANE L. FINLEY BARBARA R. BARON MICHAEL GRANT' J. MICHAEL SUMMEROUR MICHELLE OUELLETTE RICHARD T. EGGER FRANCIS J. DAUM' VICTORIA N. KING PETER M. BARMACK PATRICK D. DOLAN ANNE T. THOMAS' JEFFERY J. CRANDALL DAVID P- PHIPPEN, SR. DEAN R. DERLETH D. MARTIN NETHERY' SCOTT C. SMITH SUSAN C. NAUSS HELENE P. DREYER GEORGE M. R£YES JACK B. CLARKE, JR. CHRISTOPHER DODSON EMILY P. HEMPHILL WILLIAM W. FLOYD, JR. BRIAN M. LEWIS BERNIE L. WILLIAMSON SONIA RUBIO SHARMA GREGORY L, HARDKE JEANNETTE A, PETERSON ELAINE E. HILL JOHN O. PINKNEY KENDALL H. M.cVEY BRADLEY E. NEUFELD KEVIN K. RANDOLPH CLARK H. ALSOP' ELISE K. TRAYNUM JAMES B. GILPIN DAVID J. ERWIN' WILLIAM O. DAHLING, JR. MARSHALL S. RUDOLPH RAYMOND BEST (1868-1957) MICHAEL J. ANOELSON' MATT H. MORRIS KIM A. BYRENS JAMES H. KRIEGER (1913. 1975) DOUGLAS S. PHILLIPS' JEFFEEY V. BUNN CYNTHIA M. GERMANO EUGENE BEST (1893.198i) -A PROFESMONAL CORPORAY" t August 12, 1993 Gary Luebbers, Interim City Manager CITY OF REDLANDS 30 Cajon Street P.O. Box 3005 Redlands, California 92373 400 MISSION SQUARE 3750 UNIVERSITY AVENUE POST OFFICE BOX 1028 RIVERSIDE, CAUFORNIA 92502-1028 TELEPHONE (909) 686-1450 TELECOPI ERS (909) 686.3083 • 682-4612 OF COUNSEL JAMES B. CORISON OFFICES IN PALM SPRINGS (619)325-7264 -" RANCHO MERAGE (619) SSB-2611 ONTARIO (909) 989-()564 Re: Acquisition of Storm Drain and Sewer Easements for Tract No. 12628 (Brendel Group) Dear Mr. Luebbers: In connection with the referenced project, enclosed are counterpart Agreements for Conveyance of Easements between the City of Redlands and The Hope Christian School Society and Hope Protestant Reformed Church. These Agreements have been signed on behalf of the school and church and escrows opened. These parcels are the subject of an eminent domain action filed on behalf of the City of Redlands. However, the settlements must be completed outside of Court since neither of these entities is represented by an attorney and cannot appear in the condemnation actions on their own behalves. These are the last two easements to be acquired in order to complete this project and the related eminent domain action. LMH179246 LAW OFFICES OF r BEST, BEST & KRIEGER Gary Luebbers, Interim City Manager CITY OF REDLANDS August 12, 1993 Page 2 Please sign each Agreement and return them to my attention as soon as possible. The copies marked "Copy" are yours to keep. If you have any questions, please don't hesitate to call. Very truly yours, t u erg ssistant ,EST & KRIEGER LHM/sb Enclosures cc: Ron Mutter, Assistant City Manager and Public Works Director LMH179246