HomeMy WebLinkAboutContracts & Agreements_23-2004_CCv0001.pdf Recorded In Official Records, County or San Bernardino
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LARRY WALKER 211
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"�""It Auditor/Conttoller _
I Recorder SH
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RECORDED REQUESTED BY R Regular Mail
AND WHEN RECORDED MAIL TO: does+- 2004 0094759 Tines: 1 pages: g
I Fees -��
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City Clerk Other -+�A
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City of Redlands PAID
PO BOX 3005
REDLANDS CA 92373
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
MEMORANDUM OF WIRELESS SERVICE FACILITY LAND LGREEMENT
This Memorandum of Lease ("Memorandum") dated as of February 3, 2004, is between
City of Redlands, a municipal corporation ("`Landlord"), and Sprint PCS Assets, LLC, a
Delaware limited liability company, ("Tenant,,),
WITNESSETH:
That Landlord hereby leases to Tenant and Tenant hereby leases from Landlord a portion
of that certain real property (the "Property") in the State of California, County of San
Bernardino, City of Redlands, commonly known as California Street Grove (APN 292-064-01),
the "Leased Area" a legal description of which is shown in Exhibit A attached hereto and
incorporated herein by reference, under the terms and conditions of the unrecorded Wireless
Service Facility Land Lease Agreement by and between Landlord and Tenant dated February 3,
2004 and incorporated herein by reference (the "Agreement") for an initial term of five (5) years,
and three (3) subsequent optional extension terms of five (5) years each, pursuant to the terms of
the Agreement. The Agreement provides for grant for rights of access to the Property and Site
and to electrical and telephone facilities serving the Property and leased Site.
IN WITNESS WHEREOF, the parties have executed this Memorandurn as of the flay and
year first above written.
[SIGNATURE PAGE FOLLOWS f
t_emVell ntw'cr1[-ASrwvt(;rove,t".c
IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum of
lease as of the date and year first written above.
CITY OF REDLANDS, Landlord
Date: February 3, 2004
4ayor
ATTEST:
City erk
Tenant
SPRINT PCS ASSETS,LLC,
A DELAWARE LIMITED LIABILITY COMPANY,
By: J--e
George Ghantors
Title: Regional Director of Site Development
Tenant Initials d
Date:
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO ) SS
CITY OF REDLANDS )
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on February 3,
2004, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared Susan Peppler and Lorrie Poyzer
{ X} personally known to me - or - { ) proved to me on the basis of satisfactory evidence to
be the persons whose names) are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities and that by their signatures on the instrument
the persons, or the entity upon behalf of which the persons acted, executed the instrument.
OF R ED ///� WITNESS my hand and official seal.
r' ` Fzgra�r = LORRIE POYZER, CITY CLERK
s
* 1888 1
B
0R �P\\"� Beatrice Sanchez, Deputy City Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
{ } Individual(s) signing for oneselUthemselves
{ } Corporate Officer(s)
Title(s)
Company
{ } Partner(s)
Partnership
{ } Attorney-In-Fact
Principal(s)
{ }
Trustee(s)
Trust
{ x } Other
Title(s): Mayor and City Clerk
Entity Represented. City of Redlands, a municipal corporation
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Memorandum of Wireless Service Facility Land Lease Agreement
Date of Document: February 3, 2004
Signer(s) Other Than Named Above: George Ghantors, Sprint PCS
SPRINT PCS ASSETS, L.L.C. NOTARY BLOCK:
STATE OF CALIFORNIA
COUNTY OF ALAMEDA
The foregoing instrument was acknowledged before me this 31" day of December, 2003, by
George Ghantous, Director of Site Development, who proved to me 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.
Witness my hand and official sea].
(AFFIX NOTARI $E
..
Co
.. ( JF. �..)is GaliFamla �j
41� (OFFIC AL OT
AR IG A RE}
""` Nota ublic- State of Calif is
Lisa D. Kerse
My 7, zaa�
My commission expires: (PRINTED,TYPED OR STAMPED NAME OF NOTARY)
May 7,
COMMISSION NUMBER- 1303787
EXHIBIT "A"
TO
MEMORANDUM OF WIRELESS SERVICE
FACILITY LAND LEASE AGREEMENT
BETWEEN THE CITY OF REDLANDS AND
SPRINT PCS ASSETS, LLC
Lem\cell lowerCAStrect Grove.doc
EXHIBIT "A"
PARCEL LEGAL DESCRIPTIONS AND EASEMENTS
Parcel Legal Description Parcel Legal Description
REFU EEME 13 IUIE TD TITLE REPM1 IC&.'J-1 I '136 PREPAKII K REFERDQ IS PAZ TO ITTLE RFPfWT OR 0623-1072342 PREPAIE6 K
FIRST 4I11311CM TITLE mPArft,OATEN AAS 03.2,Mu FDtST NUMM TITLE MWIMIT,DATLO ANE 23,2161
Red Property M Ih•Cty of Redlmd4 Canty of San Bwnadha, State of Red property In the City of RedmdC County of Son Bernadino. State of Cdifarn*r,
Ctlltanto, da ibed as described as
fdlolrs; fdiows:
PARCEL N0. 1: THOSE PORTICNS OF LOTS 2, 3 AND 4, IN BLOM 2 OF HENRY L WILLIAMS TRACT. IN
THE
THAT PORTION OF LOT I. BLOCK 2 OF HENRY L WFLILAY TRACT, IN THE CITY OF CITY OF REMANOS, COUNTY OF SAN BERNARDINO. STATE OF CAIIFORMA, AS PER
REIDLANDS, PLAT
COUNTY OF SMI BERNARDINO; STATE OF CALUFORNNA, AS PER PLAT RECORDED IN RECORDED IN BOOR it OF MAPS, PACE 17,RECORDS OF SAID COUNTY, MORE
BOOK it PARTICULARLY
OF YAPS, PAGE 17,RECORDS OF SATO COUNTY, DESCRIBED AS FOLLOWS D€SCMKD AS FOLLOWS
BEGINNING A7 THE NORTHEAST CORNER OF SAID LOT 1, SAID PUNT BEING ALSO BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 4, THENCE ALONG THE
THE WEST
INTERSECTION OF THE CENTEALINE OF WALNUT AVENUE AND THE C04TER LIME OF LINE THEREOF.NORTH D DEC, 23'34' WEST 5140 FEET: THENCE NORTH 44 DEQ 35°
NEVADA 26'
STREET; THENCE SOUTH ALONG THE CENTER UNE OF NEVADA STREET 16LB EAST. 26.26 FEET. THENCE NORTH 86 DEQ 54' 13'EAST. 1260.35 FEET TO THE
FEET; THENCE EAST LINE OF
WEST 30 FEET TO THE NORTHEAST CORNER OF THAT PARCEL CIF LANGCONVEYED Rip LOT 3. DISTANT ALONG SAID EAST LINE 131.%FEET NORTHERLY TROY. THE
REDLANDS TO NC SOUTHEASTERLY CORNER OF SAID LOT 3. THENCE NORTH 69 DEL, OV 05-EAST
REIRLJUNDS(DRANGEOALE ASSOCIATION, A CORPORATION, BY DEW RECORDED 583.45 FEET
APRIL 9, 1941 TO THE EAST LINE OF SAID LOT 2, TN£NHE SOUTHERLY ALONG SAID EAST LINE,
N BOOK
1459, PAGE 437, OFFICIAL RECORDS THENCE HEST ALONG THE NORTH)U 137.83 FEET
STO THE SOUTHEASTERLY CORNER OF SAID LOT 2, THENCE WESTERLY ALONG THE
AtO COUP
ANYS LAND, 100 FEET, MORE OR LESS. TO THE NORTHWEST CODER
THEREOF; SOITHERLY LUNE OF LOTS 2, 3, AND 4 TO THE PUNT OF BEGINNING.
THENCE SOUTH ALONG THE WEST LINE OF SAND COYPANYS LAND, 40 FEET TO A EXCEPTING THERLFROM ALL MINERALS, OR.LASES AND OTHER HYDROCARBONS BY
POINT 202.6 WHATSOEVER NAME SHOWN THAT MAY BE'WITHIN OR UNDER THE PARCEL OF LAND
FEET SOUTH OF THE NORTH LINE OF SAID LOT 1: THENCE WEST 76 FEET; HEREINABOVE DESCRIBED, WITHOUT, HOINEVFA, THE F40 HT TO DR1U- OIG OR PINE
THENCE SOUTH 70 THROUGH THE SURFACE THEREOF BY DEED RECORDED MARCH 11, 1953. IN BOOK
FEET: THENCE WEST 124 FEET; THENCE SOUTH TO A POINT 216.5 FEET SOUTH 5867 PAGE
OF THE 502, OFMAL RECORDS
CENTER LINE OF WALNUT AVENUE; THENCE WEST 326 FEET TO THE WEST LINE
OF SAID LOT; APN: 0292-084-D2-0-000
THENCE NORTH 218,6 FEET. MORE OR LESS. TO THE CENTER L04E OF WALNUT
AVENUE;
THENCE EAST ALONG THE CENTER LINE OF WALNUT AVENUE TO THE POINT OF
BEgNNRNG.
EXCEPTING THEREFROM ANY PORTION LYING MTN NEVADA STREET. Title Report (Easements)
ALSO EXCEPT440 THEREFROM NAT PORTION CONVEYED TO TIE STATE OF REFT1S110E IS Mfg ED TITLE WPM IQ 0623-1113 3f NuAll 7 K
CALIFORNIA, BY FDKT NIIIJOE W TITLE COMPANY,YITU AM 93,292
DEED REGDRDED DECEMBER 12, 1960 IN BOOK 53OZ PAGE 466. OFTICIAL
RECCROS, LYING O DBtPTES""Ell![REDO
NORTHERLY OF THE FO1LOYW4G DESCRIBED FINE:
BEGINNING AT A POINT IN THE WEST LINE OF NEVADA STREET. 60 FEET WIDE. 3. A rigttk of way of undisdased routs and width for Ingress aal egress Purposes a�
DISTANT an
ALONG SAID WEST LUNE SOUTH 0 DEC. 25` 44'EAST 1619 FEET FROM THE established roadway m the Property hsnsln drsvilb d, as coh-yed Lo the 0,ce gedde
CENTER LINE OF Pratectl"
WALNUT AVENUE: ABANDONED THENCE SOUTH 89 DEC. 34` t6' NEST 100.00 Associatim, by oWavr tt recorded AAY 12, 1915 Le Boa* 575. Page 66, of Deeds
FEET; THENCE 0 (EXACT LOCA" OF SAID RRSHT-A-WAY CANNOT BE DETERMINED PER RECORD DEED.)
SOUTH 79 DEC, 54'05' WEST 40.34 FEET; THENCE SOUTH 89 DEC.O5' 55'
WEST 480.86 FEET �4.� An easarnant fa an 6-*1ch —Imt POO the far dreblag4 and hc%mtd pwposes
TO W WEST LINE OF SAID LOT 1. xt lhs
document reaadad Mach 16. 7934 a Boots 944,POW 255 of Off d Records.
ALSO EXCEPTING NEREFOM ALL 1}HAT PORTION THEREOF CONVEYED TO THE
STATE OF 6. Abutter's rights of Ingress and Ogress to or ham the odjoIm" freeway how been
CALIFORNIA BY GRANT DEED RECORDED APRIL 25,. t968, INSTRUMENT NO. rd'npulshed In
86-122349. the document recorded April 25, 1986 m lnstru *nt No. 56-122349 of OFficld
OFFICIAL RECORDS. Recowds,
ALSO FXC£PTNNC THEREFROM ALL MINERALS OIL. CASES AND OTHER
4YOROCARBONS BY Title Report (Easements)
WHATSOEVER NAME KNOWN THAT MAY BE WWTHIN OR UNDER THE PARCEL OF
LAND RF_IMa IS MK tO TfTLE R"T RG 106£3-1117MQ PIRPNIEII IT
HEREINABOVE DESCRIBED. WITHOUT HOWEVER TIE RIGHT TO DRILL DIG OR ANNE FPST NER1Gw TITLE MWART,DATED AX 233.2M
THUROUCH THE SURFACE THEREOF,AS RESERVED IN THE DEED FROM THE STATE
OF
CALIFORNIA.RECORDED FEBRUARY S. 1963 IN BOON 5847, PACE 913, OFFICIAL 0 OWES PLOTTED Nihil
RECORM O Ah tter's r"ts of tigress and egress to or Iran State H.Oeay No `�
. lO hae been rdi.q tiehed n
PARCEL NO. 2: the d hent recorded Mard, 11, 1963 m Boa*5867,Page 502 of Off id Recarde.
THAT PORTION OF LOT I,BLOCK 2, HENRY L WILLIAMS TRACE,IN THE CITY OF fl The¢Nett of o deed t.—led by Mary J. Stogq, a widow who hos not remaried to May I
REDLANOS. Stagg, as tnrstee o1 the Mary y Stagg Trust under T-V, A9rsement dated October 2.1995-4
COUNTY OF SAN BERNAROINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED N her -betilutes-d s,Accassors tharawnaer, recorded Jonuay 22, $996 m hatnsment no. 96-
BOOK til 020526 of Cffieid Records.
.7F NAPS. PAGE 17, RECORDS OF SAID COUNTY. DESCRIBED AS FOLLOWS: At the date of recadhg of the doc—L b•e graltar hod no reead interest n the Ia L
COAIMEHQNG AT A POINT 162b fT:Ei SOUTH ti7f TIE INTERSECTION OF THE A DeNoration-01 Oeeficot.MIo, putdi rood Uxrposes. :+dud..g pu0/ir utlity and RubHie service
CENTER LINES uses, esa led by the City o!Redonda, recorded March 72, 1997, instrwmatt nor. 97-084943.
OF WALNUT STREET AND NEVADA STREET, THENCE WEST 30 FEET TO THE TRINE Officld Records.
PUN T OF
BEGMANQ THENCE WEST 100 FEET TO THE RORT+WEST CORNER OF RIE LAND
CONVETED
TO THE REDLANDS ORNNOEDALE ASSOCIATION. A CORPORATION, BY GEED
RECORDED APRIL
9. 1941 IN BOOK 1469. PAGE 437. OFFICIAL RECORD''` THENCE SOUTH 40 FEET
TO A PORIT
202.6 FEET SOUTH OF THE HORTH UNE OF SAKI LOT 1; THENCE WEST 76 BEET:
TiENCE
SOUTH 10 FEET; THENCE WEST 99 FEET TO THE NORTHEAST CORNER OF THE
LAND
CONVEYED TO THE ORANCE.DALE PROTECTIVE ASSOOATKUN. A CORPORATION, BY
DEED
RECORDED DECEMBER 12, 1930 IN BOOK 678, PACE 165,.OFFICIAL RECORDS:
THENCE SOUTH
ALONG THE EAST LINE OF SAD RANO 1x4,3 FEET TO THE NORTH UNE OF THE
ATCHISO N.
TOPEXA AND SANTA FE RAILWAY RIGHT OF WAY; T;ENCE EAST ALONG THE
NORTH LINE OF
SAID RIGHT OF WAY TO THE WEST LIME OF SAID NEVADA STREET; THENCE
NORTH ALONC
SAID WEST LINE TO rK TRUE POINT OF El(QNNHNQ
EXCEPTING THEREFROM ALL THAT PORTION THEREOF CONVEYED TO THE STATE OF
CALIFORNIA BY GRANT DEED RECORDED APRIL 25. 1986, NSMUMENT N0.
66-122349,
OFFK7AL RECORDS
APN: 0292-064-03-0-000 and 0292-084--05-0--000
EXHIBIT "A"
SPRINT LEGAL DESCRIPTIONS
Proposed Sprint Lease .Area Legal Description
THAT PORTION OF LOT 4, BLOCK 2 OF HENRY L "-LIAM TRACT. MN THE CITY OF
REOLANDS, COUNTY OF SAN BERNARMO: STATE OF CALFORMA. AS PER PLAT
RECCROED M BOOK It OF►YAPS. PACE 17, RECORDS OF SAID COUNTY,
DESCRIBED AS FOLLOWS.
COMUENCING AT A PONT ON THE SOUTHERLY LIVE OF SAID LOT 4, SAID POINT
BEING tt6.31 FEET EAST OF THE SOUTHWEST CORNER THEREOF: THENCE
P£RAENOk LAR FROM SAID SOUTH LINE NORM OO'2S'2t` NEST 6.00 FEET TO
THE TRUE POINT OF 9ECItU114C.
THENCE SOUTH 30.00 FEET:
THENCE WEST 43.04 FEET:
THENCE NORTH 30.00 FEET;
THENCE EAST 4100 FEET TO TRINE PONT OF 9E9NNING
CONTAOUNG 1290 SQUARE FEET YORE OR Lf SS.
TOGETHER N1TH THE ACCESS AND UTI.iTY EASEUENTS REQUIRED TO SERWICE SAID
SITE
B10'-0" Ride Proposed Sprint Utility Easement
A 10 FEET WOE STRIP OF LAAO BEING A PORTON OF LOT 4 BLOCK 2 OF HENRY
L WALUAM TRACT, IN THE CIT/OF REOLANDS, COUNTY OF SAN BERNARLHMIk
STATE OF CALFMNLk AS PER PLAT RECQRDEQ IN BOON IT OF MAPS PACE 17,
RECORDS OF SAID COUNTY. CENTERLINE OF EASEMENT OESCRIBEO AS fOLLOMNS
BEGINNINGAT A PONT ON THE SOUTHERLY LINE OF SAI)LOT 4, SAID PONT
BEING 189.00 FEET FAST OF THE SOUTHWEST CORNER THEREOF; THENCE
PERPEFDIQILAR FROM SAID SOUTH UNE NORTH 00'25' 21' NEST 10.73 FEET;
HENCE NEST 20.30 FEET TQ PAINT OF TERMINATICN.
/r ,1
5'-0" Wide Proposed Sprint Access Easement
A 5 FEET WIDE STRIP OF LANG 6EYNG A PORTION OF LOT 4 BLOOM 2 OF HENRY
L WIWAM TRACT,IN THE QTY OF REDIANOS. COUNTY,OF SAM BERNARDNlO,
STATIi.OF CALIFORNIA,AS PER PLAT RECORDED w BOOL( 11 OF WU't PAGE 17,
RECORDS OF SAND COUNTY;CENTERLINE OF EASE'AIENt DESCROW AS FOLLOYWg
COMMENCING AT THE SOUTHWEST CORNER OF SND LOT 4: THETN:E NORTH
719'34'39'EAST 33.00 FEET ALONG THE SOUTHERLY LINE OF SAM LCR 4: T#ENM
NORTH 0073'05"EAST 3.50 FEET TO THE TRUE PONT OF BEC94N"q THENCE
PARALLEL TO THE SOUTHERLY UNE OF SAID LOT 4 NORTH *0*34'aV EAST 69.35
FEET, TFIONCE NORTH 00'22'15' WEST 2.50 FEET TO THE SOUTH LINE OF THE
SPRINT LEASE AREA.
THE 9DEL*CS CF SAID STRIP EASEWENT SHALL EXTEj IM OR TERMINATE AT THE
SATO SPRINT LEASE AREA.
EXHIBIT "A"
PLAT TO ACCOMPANY LEGAL DESCRIPTION
(ACCESS EASEMENT, LEASE AREA & UTILITY EASEMENT)
(E) TREE (TV)
A RTTAL OF FOCN[ (4) CMINC
(E) RAW R1pIT OF WAY TREES WnMV SPW LEASE
AREA TO EIE RniUVM
(E) CHAIN LMK FF OCE (E) o1 WE CRM
(CWM LINK TO BE RFlI AD
AND REPIAC0 WTH T-T T I PROPOSEp +7D' WK t 12'-e WAVER
SOC TO NATM PRWOSED SF'RW STEALTH wATFR TANK
Ix SPRINT couv w SFelm)
PROPOSED IO'-r WOE
SPRW UTIAY USEENT
PRCIPDSED 5'-O'
mm SPRNT
ACCESS EASEMENT
W GFMIN LPW FENCE
0 0 �
F
F
(E) RmimoD TW005
FAGHT OF WAY (E) RAIEA(yA(} OW ACCESS ROAD
REk%E 4'-Y OF DaSiM PROPOSEE) SPW EOLWMDff
OiW LNC FENCE AND FApL CE SHELTER MNH T-ITT sow
TWO(2) ENO POSTS (E) RNLROAD TRACKS
(E) RA JKM TRAM
RIGHT OF WAY
SRW LEASE AM
f41'-o- x 30'--O-=129p 5F7
0
N
SCALE: ["=30'
0 Iv m