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HomeMy WebLinkAboutDeeds & Easements_10-2020ERecording Requested By First American Title Insurance Company National Commercial Services, Ontario, CA RECORDING REQUESTED BY AND WHEN RECORDED MAIL DOCUMENT TO: NAME Redlands Railway District, LLC STREET Attn. Veronica Burgess ADDRESS PO Box 7538 Z. CODETE A Redlands, CA 93275 tiCS-9 c'44;<1— \\-T1 0 Electronically Recorded in Official Records County of San Bernardino Bob Dutton Assessor -Recorder -County Clerk DOC# 2020-0165575 05/18/2020 Titles. 1 Pages: 13 12:15 PM SAN Fees $50.00 Taxes $0.00 11113 CA SB2 Fee 75.00 Total $125.00 SPACE ABOVE FOR RECORDER'S USE ONLY Memorandum of Parking Easement 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 ofice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per eac single transaction per parcel of real property The fee imposed by this section shall not exceed two hundred twenty-five dol a ($225.00). Reason for Exemption: Exempt from fee per GC 27388.1 recorded in connection with a transferbject to the imposition of documentary transfer tax (DTT), or Exempt from fee per GC 27388.1 recorded in connection Mtt(a transfer of real property that is a residential dwelling to an owner -occupier or U Exempt from fee per GC 27388 1 recorded in c• ection with a transfer that was subject to documentary transfer tax which (date) as document number of Official Records. was paid on document recorded previousl •n (Cap. $225.00) ni Exempt from fee per GC 27388.1 f cap of $225.00 reached, and/or ED Exempt from fee per GC 2738.; not related to real property \ Failure to include an emption reason will result in the imposition of the $75.00 Building Homes and Jobs Act fee. Fees collected are deposited to a State and may not be available for refund. i t Al 4' 1 .1 •-� 7 L .r THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) Recording Requested By. First Ametican Title Insurance Company National Commercial Services, Ontario, CA 1s c -- cig LGS I —04-c \ Prepared by and return to: Redlands Railway District, LLC Attn. Veronica Burgess P O. Box 7538 Redlands, CA 93275 MEMORANDUM OF PARKING EASEMENT AGREEMENT This Memorandum of Parking Easement Agreement ("Memorandum") is entered into on this I' May of i,42020, by and between Redlands Railway District, LLC, a California limited liability company ("Grantor") and the City of Redlands, a general law city and a mumcipal corporation duly organized and existing under the Constitution and the laws of the State of California ("Grantee"), who are sometimes individually referred to as a "Party" and collectively as "Parties" 1McN WHEREAS, the Parties have entered into a Parking Easement Agreement dated on or about A 11 I 2020 ("Easement Agreement"), whereby Grantee received from Grantor an easement over a certain portion of Grantor's property commonly known as 31 West Stuart Street, Redlands, CA 92374 and more particularly described in the attached Exhibit A ("Premises") for the purpose of utilizing certain parking spaces for public parking use. The terms of the foregoing are set forth m the Easement Agreement. WHEREAS, the Parties desire to enter into and record this Memorandum in order that any interested third parties may have notice of the interests of Grantee in the Premises. NOW, THEREFORE in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties wish to memorialize: 1 The recitals set forth above are hereby incorporated by this reference and shall be deemed terms and provisions hereof with the same force and effect as if fully set forth m this Section 1 Capitalized terms which are not otherwise defined herein shall be deemed to have the same meanings herein as are ascribed to such terms in the Easement Agreement. 2. This Memorandum of Easement is not intended to amend or modify and shall not_be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Easement Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum and the provisions of the Easement Agreement, the provisions of the Easement Agreement shall control. The Memorandum shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Easement Agreement. (signatures on following page) IN WITNESS WHEREOF, the parties have executed this Memorandum of Easement as of the day and year first above written. CITY OF REDLANDS Paul W Foster, Mayor r. , s%T.TEST'/Si),)) Y• 4 �7i� s:),(P, O• ,; o'I e,Donaldson'Cit} Clerk 644v I W 44. 4 s d��llE6tl11�! !88B . REDLANDS RAILWAY DISTRICT, LLC a California limited liability company BY ITS MANAGER. JUDSON & BROWN, LLC, a Nevada limited liability company By. COUNTERPART ( 1 0C 2-) Donald J Ben -y, Jr., Manager IN WITNESS WHEREOF, the parties have executed this Memorandum of Easement as of the day and year first above written. CITY OF REDLANDS REDLANDS RAILWAY DISTRICT, LLC a California limited liability company BY ITS MANAGER. JUDSON & BROWN, LLC, a Nevada limited liability company By. COUNTERPART (14('2) By Paul W Foster, Mayor ATTEST COUNTERPART C7-4--2—) Jeanne Donaldson, City Clerk Donald J berry, Jr., Manager 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 6041 gt-raCX-CLLY0 County of } On %' (9-(Q 9D -O before me, L I anal R tr , nom Pii.dahc_, , Date Here Insert Name and Title of the Officer PSL Lk) i Fo‘skir aid Tew ine. b o(\03- -S(\ Name(s) of Signer(s) personally appeared who proved to me on the basis of satisfactory evidence to be the persor s , whose namPis/are subscribed to the within instrument and acknowledged to me that Re/she/they executed the same in his hlor/their authorized capaci , ', and that by his/Pter/their signature(3)on the instrument the person s) or the entity upon behalf of which the person s) acted, executed the instrument. z z DIANA RAINS Notary Public California San Bernardino County Commission # 2175775 My Comm. Expires Dec 16, 2020 z D 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 Title or Type of Document: 11-1r10(011CILYn C f\ Document Date: Number of Pages: Signer(s) Other Than Named Above: Ear yvkOYt+ A ') Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee O Other Signer is Representing: 0 Guardian of Conservator Signer's Name O Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 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 )SS COUNTY OF SAN BERNARDINO On April Ar , 2020, before me, VERONICA BURGESS, Notary Public, personally appeared DONALD J BERRY, JR., 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 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. (Sea z VERONICA BURGESS Notary Public California San Bernardino. County 4,411, Commission # 2171206 My Comm Expires Nov 15 2020 z z EXHIBIT 1 LEGAL DESCRIPTION OF PREMISES A portion of the property, more particularly described as. SEE ATTACHED EXHIBIT "A" LEGAL DESCRIPTION AN IRREGULAR SHAPED PARCEL OF LAND IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING ALL THOSE PORTIONS OF LOTS 18, 20, 21 TO 26, INCLUSIVE AND THE 15 FOOT WIDE ALLEY (NOW VACATED) LYING SOUTHERLY OF SAID LOT 20, ALL BEING IN BLOCK "C" OF THE CENTRAL TOWNSITE, AS SAID LOTS AND ALLEY ARE SHOWN ON PLAT RECORDED IN BOOK 8 OF MAPS, PAGE 57, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID LOT 26, DISTANT NORTHERLY ALONG SAID EASTERLY LINE 14 10 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 26, THENCE NORTHERLY ALONG SAID EASTERLY LINE AND ITS NORTHERLY PROLONGATION AND ALONG THE EASTERLY LINE OF SAID LOTS 18 AND 20, ALSO BEING THE WESTERLY LINE OF THIRD STREET, 54 FEET WIDE, A DISTANCE OF 168.90 FEET TO A POINT IN A LINE THAT IS PARALLEL WITH AND DISTANT NORTHERLY 3 00 FEET, MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID LOT 20, SAID PARALLEL LINE ALSO BEING THE SOUTHERLY LINE OF STUART AVENUE, THENCE WESTERLY ALONG SAID PARALLEL LINE, 122.00 FEET, THENCE SOUTHWESTERLY IN A DIRECT LINE 22.63 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT 20, SAID POINT BEING DISTANT SOUTHERLY ALONG SAID WESTERLY LINE 13 00 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT 20; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 20 AND ITS SOUTHERLY PROLONGATION AND ALONG THE WESTERLY LINE OF SAID LOT 21, A DISTANCE OF 152.90 FEET TO A POINT IN A LINE THAT IS PARALLEL WITH AND DISTANT NORTHERLY 14 10 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF SAID LOTS 21 TO 26, INCLUSIVE, THENCE EASTERLY ALONG SAID PARALLEL LINE 138.00 FEET T TO THE POINT OF BEGINNING TOGETHER WITH THAT PORTION OF PARCEL 2 OF PARCEL MAP NO 5659, AS PER MAP RECORDED IN BOOK 53, PAGES 90 AND 91, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE. COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 2, PAGE 1 OF 3 THENCE SOUTH 89°42' 18" WEST, ALONG THE NORTH LINE OF SAID PARCEL 2, A DISTANCE OF 200.32 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 00°18'30" EAST 160.03 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL 2, SAID POINT BEING THE POINT OF TERMINUS TOGETHER WITH THAT PORTION OF THE WEST HALF OF THIRD STREET, SHOWN ON AMENDED MAP OF CENTRAL TOWNSITE, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8, PAGE 57, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SAID THIRD STREET HAVING A HALF WIDTH OF 27 FEET WIDE, BOUNDED ON THE SOUTH BY THE NORTH LINE OF PROPERTY CONVEYED TO THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY IN GRANT DEED RECORDED JUNE 10, 2019 AS INSTRUMENT NO 2019-0188916, OFFICIAL RECORDS. BOUNDED ON THE NORTH BY THE SOUTH LINE OF THE FOLLOWING DESCRIBED PORTION OF STUART AVE, BEGINNING AT A POINT BEING THE INTERSECTION OF THE CENTERLINE OF STUART AVENUE AS SHOWN ON PARCEL MAP NO 5659, PER MAP RECORDED IN BOOK 53, PAGES 90 AND 91, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THE WEST LINE OF SAID BLOCK "C", SAID POINT BEING THE BEGINNING OF A CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 800 00 FEET, SAID CURVE BEING TANGENT TO SAID CENTERLINE OF STUART AVENUE, A RADIAL LINE TO SAID POINT BEARS NORTH 00°17'42" WEST, THENCE NORTHEASTERLY ALONG SAID CURVE 156 92 FEET AND THROUGH A CENTRAL ANGLE OF 11°14'19" TO A POINT OF REVERSE CURVE, SAID CURVE BEING CONCAVE SOUTHERLY AND HAVING A RADIUS OF 500 00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 11°32'01" WEST, THENCE NORTHEASTERLY ALONG SAID CURVE 97.27 FEET AND THROUGH A CENTRAL ANGLE OF 11°08'47" TO A TANGENT LINE, SAID LINE BEING PARALLEL WITH AND NORTH 9.21 FEET OF THE NORTH LINE OF PARCEL NO 1 PER DEED RECORDED MAY 18, 2004 AS INSTRUMENT NO 2004-0349086 OFFICIAL RECORDS OF SAID COUNTY RECORDER, THENCE NORTH 89°36'46" EAST, ALONG SAID PARALLEL LINE, 76 82 FEET TO THE EAST LINE OF SAID LOT 17, PAGE 2 OF 3 THENCE SOUTH 00°23'14" EAST, ALONG THE EAST LINE OF SAID LOT 17, 27 00 FEET, THENCE SOUTH 89°36'46" WEST 76.82 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 473 00 FEET, THENCE SOUTHWESTERLY ALONG SAID CURVE 92.02 FEET AND THROUGH A CENTRAL ANGLE OF 1 1°08'47" TO A POINT OF REVERSE CURVE, SAID CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 827 00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 11°32'01" WEST, THENCE SOUTHWESTERLY ALONG SAID CURVE 162.22 FEET AND THROUGH A CENTRAL ANGLE OF 11°14'19" TO A POINT ON THE WEST LINE OF SAID BLOCK "C", SAID POINT BEING THE BEGINNING OF A NON - TANGENT LINE, THENCE NORTH 00°17'42" WEST, ALONG SAID WEST LINE OF BLOCK "C", 27 00 FEET TO THE POINT OF BEGINNING, EXCEPTING AND RESERVING ALL OIL, HYDROCARBON SUBSTANCES AND MINERALS OF EVERY KIND AND CHARACTER LYING MORE THAN 500 FEET BELOW THE SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT TO DRILL INTO, THROUGH, AND TO USE AND OCCUPY ALL PARTS OF SAID LAND LYING MORE THAN 500 FEET BELOW THE SURFACE THEREOF FOR ANY AND ALL PURPOSES INCIDENTAL TO THE EXPLORATION FOR AND PRODUCTION OF ALL, GAS, HYDROCARBON SUBSTANCES OR MINERALS FROM SAID OR OTHER LANDS BUT WITHOUT, HOWEVER, ANY RIGHT TO USE EITHER THE SURFACE OF SAID LAND OR ANY PORTION OF SAID LAND WITHIN 500 FEET OF THE SURFACE FOR ANY PURPOSE OR PURPOSES WHATSOEVER, AS RESERVED BY DAVID F RETTIG, ET AL, IN DEED RECORDED MAY 12, 1986, AS INSTRUMENT NO 86-122368, OFFICIAL RECORDS DESCRIPTION CONTAINS 1.36 ACRES, MORE OR LESS ON POINT LAND SURVEYIJWG, INC. PREPARED BY ANTHONY D Wily -1, PLS 8133 DATE 4iV to PAGE 3 OF 3 EXHIBIT "B" Nm �� mm V S89'42'1814/ 5; W POR. PARS 2 'co`z: PARS. MAP NO. 5699 6 PMB 53/90.91 1o INT CL STUART AVE & W LINE BLOCK "C" 15.o. 0 "Z_;\13 Q "k%-\' \ SEE DETAIL N. O>,, A HEREON <1-N _27 00 o-�\ / N89'36 46”E �j' „Jr -161w 17 76.82 It=631.110 NW COR LOT 20 STUART AVENUE 13.00' S'LY LINE PARCEL 2 111 rn o rn TOWN ;° 22 23 204 25 26 21 138'0' 27' 27' 27' 27' 19 ALLEY AE 8/57 2712829 30 31 32 r 14 10 A.T & S.F RR 14 10' SE COR LOT 26 PARCEL PARC, MAP NO. 5659 FMB 53/90-91 2' ROADWAY EASEMENT 2[] DEED TO SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY RECORDED JUNE 10, 2019 AS INST NO 2019-0188916 0 R E3 NORTH LINE OF PARCEL NO 1 PER DEED RECORDED MAY 18, 2004 AS INST NO 2004-0349086 0 R ® OFFER OF DEDICATION TO THE CITY OF REDLANDS FOR PUBLIC ROAD PURPOSES, REC MARCH 13, 1992 AS INSTRUMENT NO 92-109655 0 R ❑5 CITY OF REDLANDS HOLDER OF AN EASEMENT FOR ROADWAY PURPOSES REC MAY 05, 2009 AS INST NO 2009-0191826 0 R © CITY OF REDLANDS HOLDER OF AN EASEMENT FOR ROADWAY PURPOSES REC MAY 05, 2009 AS INST NO 2009-0191827 0 R ORANGE AVENUE 1- itti DETAIL "A” - NTS STUART AVENUE Ol d=11 14'19" R=800 00' L=156.92' 0 d=11 08'47" R=500 00' L=97 27' O3 d=11 08'47" R=473 00' L=92 02' O4 d=11 14'19" R=827 00' L=162 22' PROPERTY DESCRIPTION PREPARED AT THE REQUEST OF PROPERTY ONE, LLC THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED N THE ATTACHED DOCUMENT IT IS +NOT A PART OF THE WRITTEN •E' •FITHEREIN. PREPARED BY DATE. K ji 1f ' o mt} PREPARED BY ON POINT LAND SURVEYING, INC SCALE. 1"=100 DATE. APRIL 2020 SHEET 1 OF 3 EXHIBIT "B" • _ ri d, • W STUART AVENUE "Un Moll.ftlY I AE, t 1 1117644I--11 r - JT \-\\, EXISTING SEM LK 41,• GAS t 13- ,........-..•• 4— IOW IE RETAIL SPACE a et? 401144114 '''T• OP' . 1114144141 "I" rIrtf .(sNd ft t t It °Igro 7-1` . 071 0 ;1I• 1„„ ..:•-f& • • n METROLINK / ARROW RAIL LINE PARKING STRUCTURE LAYOUT ON PROPERTY r51 .••• ' " - — - - —• _ pr MeZZ/17.17/%47 - MU and LEVEL 03: 91 RESERVED SPACES iii,iii111111111111115111 8 4 aawx mmale PARKING SPACE EXHIBIT PREPARED AT THE REQUEST OF PROPERTY ONE, LLC THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT IT IS tsT A PART OF THE WRITTEN ..S'iiPi;ior1 THEREIN PREPARED BY. DATE, PREPARED BY ON POINT LAND SURVEYING, INC. SCALE. N T.S. DATE. APRIL 2020 SHEET 2 OF 3 EXHIBIT "B" IT ZfAo ree64174 eZCZZei filio LE.!!!TJ'..- 11 11 11 [i1 S///////////////7A924 lilt E ! Lw Tll ► L !1111 ' I i ae�w .»mxn LEVEL 04: 109 RESERVED SPACES rh .17 oa 1 PARKING SPACE EXHIBIT PREPARED AT THE REQUEST OF PROPERTY ONE, LLC THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMEN I IS I JT A PART OF THE WRITTEN DSC T,® THEREIN. PREPARED BY DATE. PREPARED BY ON POINT LAND SURVEYING, INC. SCALE. N.T.S. DATE. APRIL 2020 SHEET 3 OF 3