HomeMy WebLinkAboutContracts & Agreements_84-2014_CCv0001.pdf Ifs ►� 11'EASEMENT
This agreement for purchase and sale of an easement ("Agreement")meat") is made and entered
into this ' day of May, 2014 ("Effective tiv tate" by and between Redlands 7/11 Associates, rr
California en r ll Nutnership I"Gr rtt r"< and the City of Redlands, municipal corporation
("Grantee"). Grantor and Grantee each sometimes individually referred to herein as a "Party"
and collectively as the"Parties."
R.ECITALS
Grantor owns certain real property located at 1601 and 1615 W. Redland
Boulevard, Redlands, California, bearing County of San Bernardino Assessor's Parcel No. 0292-
157-05,06,
29?-1 - ,0 ,and 31 (the"Property").
B. Grantee desires to purchase a permanent easement in a portion of the Property and
Grantor desires to sell and convey an easement in a portion f the Property as described in Exhibits
"A"and depicted in Exhibits "B," bath ofwhich are attached hereto(the"Easement").
C. The Parties desire by this Agreement to provide the terms and conditions for the
purchase and sale ofthe Easement,
D. The lis' pendens will be withdrawn n rap e dismissal with prejudice heminent
domain action which will occur within 15 days a.ltdr Grantor delivers signed settlement d untent
to the Grantee,
In consideration of the trrtrtual promises contained herein,the Parties agr s follows:
AGREEMENT
f. PURCHASE
Grantee shall buy and Grantor shall sell and convey the Easement, for the purchase
price and upon the terms and conditions hereinafter set forth.
2. ESCROW
Within tern f 101 days of the Effective Cute of this r meat,Graraw shall open
an escrow,(the"Escrow")")at a mutually acceptable officeCommonwealth Land Title Company
(the"Escrow wv H ld r")for the purpose of consummating the purchase anof sale of the menta
'rne parties shall execute and deliver-to Escrow 1-folder 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 provision ofthis Agreement. if there is any inconsistency
betwven each instractions and this Agreement,this Agreement shall control unless the Parties arae
in writing th s ."lie Escrow Instructions shall include the following terms and conditions of
salem
w f Purchase Price.
The total purchaseprice for the Easement shalt be the sum of One-Hundred Eighty Seven
'Thousand Pour Hundred Thirty Five Dollars(S]87,435.00) (the"Purchase Price'), which shall be
paid by Grantee to Grantor through Escrow Holder in cash at Close of scr .
2.2 Masse_ofEscrow,
Escrow shall close on or before thirty days following dw Effective Date of
this Agreement(the, "Close of Escrow"), If the Escrow is not in a condition to chase by the Floss
of Escrow, any Party who is not thea in default may, in writing demand the f its money
and/or documents. Ther up n, subject to the provisions of Section 3 hereof, all obligations and
liabilities of the Parties trader this Agreement shall cease and terminate, If no such demand and is
made, the Citi Manager of Grantee, may, by written instrument to Escrow, authorize an
tension of the scrow, Escrow shall he closed as soon as possible.
. t:ondition arl`Titl tai the Easement.
Grantor :shall convey title to the Easement to Grantee as evidenced by a CLTA
Standard Fonn, Policy or Binder r Title Insurance ("Title Policy") issued by a title insurance
company to be selected by Grantee 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 lies or encumbrances (anther than for
current installments of taxes and sscssrrrcrrts) 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 and as approved by Grantor, of any such monetary exceptions
to Grantee's title to the Easement at or prior to the Close of Escrow,
14 Escrow and Closing Costs.
Grantee shall pay the cost of the Title Policy, all Escrow fees (including
reconveyance fees, trustee's fees or forwarding =fees for any partial reconveyance rr
subordination alfa deed of trust or mortgage, and all recording costs incurred herein, All Parties
acknowledge that Grantee is exempt from payment ofdocumentary transfer taxes.
2.5 Lnvestigation.s.
Prior to the Close of Escrow, Grantee may, at its option,; conduct, at Grantee's
expense any and all investigations, inspections, surveys and tests of the Property including,
without limitation, soils, groundwater, wells, percolation, geology, environmental, drainage,
engineering and utilities investigations, inspections, surveys and tests, which Grantee detennines,
in its sole discretion, are required to ascertain the suitability of the Easement for Grantee's
intended use. if Grantee determines ines thtat the Easement is not suitable for its intended tese,
Grantee may terminate this Agreement as prµ v^idcd in Section 2.2 hereof. Grantor hereby grants
to hart , andGrantee's employees, representatives, agents and independent contractors. a
license to enter the Easement for purposes of conducting such investigations, inspections,
ections,
surveys and tests. Grantee hereby indemnifies, defends and holds Grantor harmless from and
against any and all loss, cost, damage, expertise or liability (including attorneys' fees) arising out
of the inspection, investigation, surveying or testing activities on or about the Property by
Grantee or Grantee's employees, representatives, agents and independent contractors. As a
condition to any independent contract of entering onto the Property, Grantor must provide
Grantee with evidence of such contractor's public liability insurance coverage with minimum
limits of $1,000,000 that names Grantor as additional insured. Grantee shall repair any
damage to the Property resulting from such investigations, inspections,s, su ey n tuts
conducted by Grantee or Grantee's employees, representatives, a nt or independent
contractors, Gritntees approval or any of such investigations, inspections, sueys or tests shall
not alter or diminish Grantor's representations or warranties furrier this Agreement, am Grantor
acknowledges and agrees that Grantee is relying upon Grantor's representations and 'warranties
made herein,unless such representation or warranty is specifically waived in whole or in part by
Grantor,
.6 Dosit o Funds and Documents.
A. Prior to Close of Escrow, Grantee shall deposit into Escrow ti all
Escrow and Closing hosts as described above, (ii) the purchase Price to be paid to Grantor
through rows and (iii) such other documentation as is necessary to chase Escrow in
conforniance herewith,
B. Prior to the Close of Escrow, Grantor shall deposit into Escrow i
the properly executed :tyrant' of Easement Deed conveying the Easement, a copy of which is
attached to this Agreement as Exhibit"'C," and tii such other documents and sums, if any,as are
necessary to close Escrows in conformance herewith.
2.7 :'rant e's Conditions ns r c ent to Close of Escrow.
The Close or Escrow is subject to the following conditions.
AAll representations acrd warranties of Grantor set forth in this
Agreement shall be true and correct as of the Close of Escrow; and
Grantor shall timely perform al l obligations required by the terra
of this Agreement to be performed by it.
2.8 Grantor's Conditions Pr ce ent to the Close of Escrow.
For the benefit of Grantor, the Close of Escrow shall be o itio upon the
timely performance by Grantee of all obligations required of Grantee by the terms of this
Agreement.
ent.
2.9 Grantee's i atiorr trr t o lets : ort tt actio o roements
Pursuant to the Construction Plans Attaiched as Exhibit
Grantee represents that it will complete the construction of improvements ents on
Redlands Boulevard at and within 100 feet of the intersection of Alabama Street in the City of
Redlands and in accordance with the construction plans dater submitted to the Grantor within
12 mouths after the Grantor delivers sighed settlement en documents to Grantee. A Copyof the
3
construction plans are attached as Exhibit"U'
3. SSI
Grantee may take possession of the Easement and begirt construction of the works of
improvement thereon as of the Close of Escrow,
4.
► 'l t "
Grantor ;makes the following representations and warranties, each o
which shall survive the Close of Escrow:
Grantor holdstitle to ars indefeasible estate in fee simple in the Property.
Grantor is the sole owner of tete Property and has good, absolute andmarketable title to the
Property, subject to the exceptions of record approved or deemed approved hereunder by
Grantee, and has full power and authority to overt and sell and convey the;Easement over, under
and/or through the Property to Grantee and to eater into and perform its obligations pursuant to
thisAgreement;
W 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 'o which Grantor is a
Darty,or by which Grantor is bound;
Grantor shall 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 Property without the prior written consent of Grantee;
To Grantor's actual knowledge, no litigation and no governmental
administrative or regulatory act or proceeding regarding the environmental, health and safety
aspects of the Property is pending. proposed or threatened;
E. Grantor has and shall have paid before Close of Escrow any and all
current and past due tees, assessments, penalties and interest levied and assessed against the
Property, if not paid prior to Close of Escrow, Grantor hereby authorizes Escrow Holder to
disburse to the taxing authority from funds oth rwis r due to Grantor an amount sufficient to
discharge said taxes, assessments, penalties and interest, finless the Easement is assessed
separately, Grantor shall also keep current, year;by year, all taxes, assessments penalties and
interest levied and assessed against the Easement and the larger property of which it is a part.
Any of the forgoing representations or warranties made "to Grantor's actual
knowledge" means to the present, actual knowledge of the matt ed individuals comprising
Grantor, without arty duty of inquiry or investigation, and without the imputation of knowledge
of any gather person to any of the parties comprising Seller, These representations and warranties
shall survive the Close of Escrow.
4
�. ' : ►
A. Grantee shall repair and any improvements or land (other than the
Easement and any improvements Ionated thereon) belonging n to Grantor that may;be damaged b
irsrnce or Grantees contractor during construction of the works of improvement ent for which the
Easement is conveyed, or, at Grantce*s option, pay to Granton the market value of such
improvements,provided that this Section shall not be construed to require Grantee to pay for the
use for which the Ementent is intended.
B. Grantee shall save harmless and indemnify Grantor against any and all
cl irras, demands, suits, judgments, expenses and costs on account of injury to, or death of
persons, or loss of, or damagge to, property of others incurred during, or proximately erased by
acts or or rissions of Grantee or Grantee's contractor in the performance of any world by Grantee
or Grantee's contractor to construct the worlds of improvement for which the Easement is
conveyed,
Grantee shill defend and indemnify Grantor, against any and all claims,
demands, snits,judgments, expenses and costs on account of injury to, or death of, Persons, or
loss of, or damage to, property of others arising from or relating to the ownership or use of the
Easement by Grantee, and its employees, agents, representatives, invitees, contractors.
'rhese obligations ofGrantee trader this paragraph shall survive the Close of Escrow.
ACKNOWLEDGEMENT OF FULL BENEFITS AND RELEASE.
execution of this Agreement, Grantor, on behalf of itself and its
respective successors and assigns, hereby acknowledges that this Agreement
p nv des full payment for the acquisition of the Easement by Grantee, and Grantor
hereby expressly and unconditionally l waives any and all claims for darrta es,
relocation assistance benefits, severance damages, interest, loss of goodwill,
claims for inverse condemnation or unreasonable pre-condemnation conduct, or
any other compensation or benefits, other than as already expressly prodded for
in this Agreement, it being;understood that this is a complete and M settlement
of all acquisition claims, liabilities or benefits of any type or nature whatsoever
relating to or in connection with Grantee's acquisition rat"the, Easement.
of his Agreement arose out of Grantee's efforts to acquire uir the Easement
rough its municipal authority, The parties agree that this Agreement is a
settlement of claims in order to avoid litigation and shall not many manner be
construed as an admission; of the fair market value of the Easement or of the
Property or of liability by any party to this Agreement.
C. Grantor e pressly waives the rights afforded to Grantor under Civil Conde
section 1542 which provides that:
general release does not extend to claims which the
creditor doses not know or suspect to exist in his or her
favor at the tiara of executing the release, hic h if known
y lrirrt or tier moist have materially affected his or her
s ttl rrl rrt with the debtor.
7- REMEDIES.
If Grantor defaults r this Agreement, Hiatt Grantee may, at Grantee's option, terminate the
Escrow or initiate an actio n for specific rforrrrr rr d of this Agreement, r pursue any other
rights or remedies that Grantee may have at later or in equity. If Grantee defaults under this
Agreement, then Grantor may, at Grantor's option, terry-urate the Escrow or pursue any rights or
remedies that Grantor may have at law or in equity.
& EXCHANGE.
The Parties for this Agreement rt ent a owl I that either party may desire to stricture the sale
and/or the purchase of the Easement as an exchange for like-kind property pursuant to Section
10 31 of the Internal Revenue Conde1986, s amended, in order to defer recognition oaf income
me
from the disposition oaf the Easement and other properties. The parties agree for reasonably
cooperate with each outer to accomplish mplish weir exchange(s) asial each party her c-by agrees that any
and all costs associated wit said exchange shall be bowie solely by the exchanging party and
shall in no way be attributable to the non-exchanging party. In no event shall the non-exchanging
party be required for take title for the exchanged pr :l ylles to effectuate the tax deferred
exchange contemplated by this Section.
n.
m MISCELLANEOUS.
A. Notice. Any notice for be given or other document ent ur documents toy
be delivered to either Darty by the other hereunder may be delivered in person or may b
deposited in the Tinted States Mail' in the State of California, dotty registered or certified, with
postage prepaid,and addressed as follows:
ws:
Granton: Redlands 7/11 Associate ,a California General Partnership
Carlton Browne
w
Carlton Browme and Company, Inc
760 W. Sixteenth Street, Suite A
Costa Mesa,CA 92627
Gr rite d City of Redlands
Attrt:Chris Diggs
Deputy NII-JED Director
PO fox 3005
Redlands, Cit 923173
Any Party hereto may, from time to time, by written notice to the other Party, designate a
different address, which shall he substituted for the one specified above; Any notice or Cather
document-, sent by registered or certified mail as certified shall be deerned to have been
cffdctisrely, served or delivered at the expiration of twenty-four t hours following deposit
of said notice or other docurnents in the United States triad.
H. Time of Essence. Time is 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 tither Party.
D. Governing erning yaw. All questions with respect to this agreement, and the
rights and liabilities of the Parties hereto, shall be governed by and construed in accordance with
the laws of the State of California,
E. Inurement. This Agreenicot shall inure to the benefit of, and
shall be binding upon, the assigns, successors in interest, personal representative, estates, heirs
and legates of the Parties.
F.
Attorneys" Fees. if any action, arbitration or other proceeding is
broughtfor the interpretation or enforcement of this Agreement, or because of any alleged
dispute, breach, default or misinterpretation in connection with the Agreement, the successful or
prevailing Party shall be entitled to recover actual attorneys' fees and other costs it incurs in that
action or proceeding, in addition to any other relief to which it may be entitled, including fees for
any in-house counsel of the Parties.
G. Entire agreement. This agreement contains the entire agreement of the
Parties,and supersedes any prior written or oral agreements between them concerning the subject
matter contained herein. There are no representations, agreements. or understandings, oral or
written, between the Parties relating to the subject matter contained in this Agreement which are
not fully expressed herein,
14. Additional onal ocu eras. The Parties agree to execute any and all
additional documcnts and instruments necessary ;to carry out the tertrts of this Agreement.
1. No Admissions, 'chis Agreement is a compromise and settlement of
outstanding claims between the Parties relating toGrantee's acquisition of the Easement and
shall never be treated as an admission by either Party to the Agreement for any purpose, in any
judicial, arbitration or administrative proceeding between the parties. This paragraph shall not
apply to any clan that one may have against the other for breach of any provision or covenant of
the Agreement.
J. No iNterger. All representations, warranties, acknowledgernents,
releases, covenants and obligations contained in this Agreement shall survive delivery and
recordation of the Permanent easement.
7
IC Aroker. Grantor and Grantee each represent t to the
other t no broker, agent + r finder hasbeen engaged by it in connection withton
contemplated by this agreement and that all negotiations relative to these instructionsd this
transaction have been carried out by such Party directly with the Esther Party without the
intervention t r as to give rise of the
Parties for' commission, finder's fee or other like payment. Each ofshall
indemnify and defend the other Party and hold it harmless from any and all loss, ,
liability or expense, includingcosts andreasonable attorneys' fees, which the other may
incur or sustain of or in connection with any misrepresentationr breach of warranty
by the indemnifying Party witht to the foregoing.
c2askERAM This Agreement may be signedor
duplicate copim and any siped counterpart or duplicate shall be equivalentto a signed
original for
EXECUFED on the date or dates set forthbelow.
Grantor:
Redlands 7/11 Associate* California
General Partnership
Dated- :
Dated: 4) A
Grantee:
City of Redlands
Dated: :
Pete Alimlar,Mayor
Attest:
City Clerk
8
RECORDING REQUESTED BY Electronically Recorded in Official Records,County of San Bernardino 7/21/2014
10:31 AM
Comm nyom JAWA T[flz�' DENNIS DRAEGER ECG
AND WHEN RECORDED MAIL DOCUMENT AND �Tr ASSESSOR-RECORDER-CLERK
TAXSTATEMENTTO: 803 Lawyers Title Co/Commonwealth
"FS S� Doc#: 2014-0262604 Titles: 1 Pages: 10
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THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
MAIL TAX STATEMENT TO
RETURN ADDRESS ABOVE
RECORDING REQUESTED BY
Mown Wo wyl 1A v! Till Q
AND WHEN RECORDED MAIL DOCUMENT AND
TAX STATEMENT TO:
HAAE NN Chet!ks
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THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
MAIL TAX STATEMENT TO
RETURN ADDRESS ABOVE
Commonwealth Land Tftle Company
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY CLERK'S OFFICE
CITY OF I EDL.A D
PO BOX 30015
REDLANDS,S,CA 9 373
[Space above line forRecorder's use only]
[Exempt from recording fee per to Gov.Code § 6103]
[Exempt from L OCUnrenta y Transfer Tai.per Rev. & Tax, Code §119 2]
[Note- Tax StatementMailin Do Not Change]
APN: 0292-157-31
GRANT A EASEMENT
This Grant of Roadway Easement is entered into by and between Redlands ands 7/1 l Associates, a
California General partnership and the City of Redlands, a Municipal Corporatism (herein_
"City") drily organized in accordance with the laws of the State sof California.
For a valuable consideration, the receipt of which is hereby acknowledged, Redlands s 7/11
Associates, a California General partnership hereby grants to City an irrevocable roadway
easement over that certain real property ("Easement area") described on Exhibit"A" and shown
on Exhibit"B" attached hereto, for the following purposes:
A, Right-of way at any time, or from time to time, to construct, maintain, operate, replace
and renew the roadway described on Exhibit "A"„ and shown on Exhibit "B", anti
appurtenant structures in, upon and across said Easement Area or any part thereof. and
B. Ingress and egress over the Easement Area for vehicular or pedestrian traffic.
Execrated on ' , p
Redlands 7/11 Associates, a California General partnership
B . J"_
q1inM.yTIhoiTApsonj-:Gen=era1 Partner Richard Browne General Far er
t " oYM Also Womrj t :
d ckwd ( SFr
AIL TAX STATEMENT T
RETURNDRESS ABOVE
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
ss
COLYNTY OF
art
2014, before me, . Notary Public,
pers r a l x geared who roved to nye on the Iasis of
satisfactory evidence to be the person(s) whose name(s) is/ate subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/thein
authorized capacity0es , 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.
I certify tinder PENALTY OF PERJURY utter the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hard and official seal;
.
CO B l '
Notary Public -California
i-nature_ Orange County
rrm Er r ' �lav?6 2M5
x
CALIFORNIA, ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
ounty, of M
On 7 before Ike, M--,—L a
(Here insert name and title cif tits tsffac
personally appeared �
who proved to me on the basis of satisfactory evidence to be the person(s) whose naris (s) is are subscribed to
the within instrument and acknowledged to me that he/she/they executed the sane in bis/her/their authorized
cap city(ies), and that by his/her/tie€1° signature(s) on tete instr tmel t the persont , or the entity upon behalf of
which the persorns acted.,executed the instrument..
certify under PENALTY TY PERJURY JI_.R under the laws of the State of California that the foregoing paragraph
is true and correct
=Public-
WI ESS hand and official seal.
15h .Ex ires Merange County
( rtary e I)Signaturc,of Notary Public
;
i
@,
tfached ADDITIONAL PTI 13AL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any ackraaavtedgmern caroroleted or California must contain Verbiage exa7car, as
DESCRIPTION OF THE ATTACHED DOCUMENT appears aloe in the nolag,section or at separate acknovvleaagnlent Haran rrrrrst be
properly conmpleted and artrached to flail doctirarent, The only exception is if a,
document is to be recorded rr atsr°de nf'C'raltforroa. Jn such instances, any alternative
acknowledgment verbiage as inay be printed on such ca document so longas the
(title tri description xtfattac ed dtrcument) verbiage cures Prat require the notaaiy to do s°rrrnethrrrg that is ddegal far a notary in
California (i.e. certabing the authorised capacity of tire;signer), Please check the
('rifle or description of attached document cautioned)
ryes raanent carefully j`or Proper notarial wording find aftach firs foraat if required
Matte and County mtaruaatiuu must be the State and County where the document
Number to rsta Document Date I
signer(s)personally appeared before the notary public for acknowledgment. 61
Coate of notarization tuust Fre the darts that Citi;signer(s)personally appeared which
must also be the saute date the acknowledgment is completed,
(Additional information) iw 'file notary public must print his or her name as it appears within his or her
commission followed by a comma and thea your title(notary public).
Print the narare(s)ofdocthnent signer(s) who personally appear at the time of
notarization
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Impression must not saver text or lines, If seal impression smudges,re-seal if a
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D Anorneyamin-Fact: ee Additional information is not required but could help to ensure this
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El Other
Indicate title or type ofattached document,number of pages and date.
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Securely attach;this document to the signed document
M aft Va^6 ar CAPA 07 tr)ta7 ROA.R7`t_c R(IN axrwtar mrvE""hA,o,v on n
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
ss,
.. TF(D rVdL
On 2014, before me a Notary Public.
personally appeared - �Vho proved to rye on the basis f
satisfactory evidence to be the person(s) whose harne(s) is/ate subscribed to the within
instrument and acknowledged ed t me that he/she/they executed the sane 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 sof which the person(s) acted executed the instrument.
I certify under PENALTY ITY F PERJURY under the laws of the State of Califorrria that the;
foregoing paragraph is true and correct.
WITNESS any hand and official seal;
GRACE E. t
rotary Public-California
i;rlature ( eal) Orange ount
tx, comm,expires Mfie a 1�a 2 t
...
CALIFORNIA, ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
{
On be fore me, .. � � .
(Here insert name and title caf the d cer) '
personally appeared t, l
who proved to me on the !oasis of satisfactory evidence to be the person(s) whose nam s) iS/are subscribed to
the'within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
cap city(i s), 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,
I certify under PENALTY OF PERJURY tinder~the lags of the State of California that the foregoing paragraph
is true and correct;
GRACE .KIM
WITNESS nay hand and official seal. Commission # 1938528
Notary Public-California
orange County
Carron, xates 2 2
5ignamre fNotary Public (notary Seal)
i�
ADDITIONAL OPTIONAL INFORMATION
INSTI I.J TIONS FOR COMPLETING TTIIS FORM-
Arro ackno vledginent conipleied in C"alifornia rrraasa contain verbiage exactly as
DESCRIPTION OF THE ATTA 14ED DOCUMENT appears above iia the notary section or ar.separate acknowledginetrijbrin nuist be
properly completed and anached to that doconse.nf. The only exception is If i'a
docronent:is to be recorded outside of Calaornia, In such instances, any alternative
((Title tar description of attached document)
a ackrowledginent verbiage as natty Lae printed on such a docurnero sea long as the
verbiage woes not require the nolar
y to do sorrier}sr`rar that is rltegc7t for ca rrartcrry in
Calt/arni (ie, cer io,i ag the authorized crap aefry of the signer)) Please check arae
('ruleor description ofattached document continued) doc tram?c ar}efaallyfor,aroper notarial wording and attach this form ifrequired
State and County information must be the Mate and County where the document
Number ttlt7er t Pages I ltst rrt nt Date signer(s)personally appeared before the notary public for acknowledgment,
Date of notarization roust be the date that the signer(s)personally allocated which
must also be the same date tire acknowledgment owledgment is completed,
(Additional information) * `rhe notary public must print his or tier naive as it appears within his or her
commission followed by a comma and them your title(notary pu hc`,
Print the name(s) of document signer(s) who personally appear at the time of
notarization:
CAPACITY CLAIMED BY THE IG EI + Indicate the correct singular or plural fortes by crossing off incorrect forms (i.e
t dshel , 'is J )or circling the correct forms.Failure it)correctly indicate this
El Individual Inrormation may lead to rejection of document re catalog.
El Corporate Officer ii The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or Braes If seal impression smudges, re-seal if
sufficient area permus,otherwise complete a different acknowledgment form.
El Partners Signature of the notary public must match the signature on file with the office of
the county clerk.
11 Attrimey-tit-Fact -c additional information is not required but could help to ensure this
D Trustee(s) acknowledgment is not misused or attached to a different docuitu art.
11 dither tIndicate title or type of attached dost atent„number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate tfte title(i e CEOCTC)„secretary)
Securely aanach this document to the signed document
`rt"AR fidsecrnn(,'APA v1? In 117 0(1_971_#)R61; a arra MntrA a C'1s ,4i-s ro c.
NOTARY SEAL
Under the provisions of Government Code 27361 .1 , 1 certify
under the penalty of perjury that the Notary Seal on the
document to which this statement is attached reads as
follows:
Name of Notary:
u�'�, l Y }
Commission #: M �SC)2, b
Date Commission Expires: MA\( w i 20P)
County where Bond is filed
PLACE OF EXECUTION: SAN BERNARDINO
DATE:
Il-
SIGNATURE:
D.AVILES
FORM OF CERTIFICATE OF ACCEPTANCE
C
This is to certify that the interest in real property conveyed by the
Right of Way Easement dated April 29, 2014, by Redlands /1
Associates, a California General partnership,is hereby accepted by
the undersigned officer or agent on behalf of the pity Council of
the City of Redlands pursuant to the authority conferred by
Resolution No. 0756 of the City Council of the City of Redlands
adapted on September 3, 2008, and the grantee consents t
recordation thereof by its duly authorized officer°
DATED: xg, 2014
.._
BY: f•, r
N. Enrique t mine , Citykltin' er
:._.6
EXHIBIT"A"
Legal Description
Roadway Easement
APN 0292-157-31.
The northerly 10.00 feet of that portion of the Northeast quarter of Block 12,Barton Ranch, in
the City of Redlands, County of San Bernardino, State of California, per map recorded in Book
6, Page 19 of Maps in the office of the County Recorder of said County,described in a Grant
Deed to Redlands 7/11 Associates recorded December 10, 1998 as Instrument No. 1998-0524936
of Official Records in the office of the County Recorder of said county.
The above-described parcel of land contains approximately 1,320 square feet.
As more particularly shown on Exhibit`B" attached hereto and made a part hereof.
This real property description has been prepared by me or under my direction in conformance
with the Professional Land Surveyor's Act.
AL LAN�s��
TERI G
1 Q KAHLEN
No.8748
Teri Kahlen,PLS 8746 Date IPA �r
�` CA LW-
REDLANDS BOULEVARD
- --- — — — - — --- -- — - ----- — - -- — — — -------------
CD Lo
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APN 0292-157-31 40.00' I rJa
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0.R. 1998-0524936 i C4
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BARTON RANCH
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BLOCK 12 I a
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PARCEL MAP NO. 2863
P. M.B. 30168-69 �S�Q�yAL ipvp
a TERI a
PARCEL 1 KAHLEN
N0.
INDICATES ROADWAY EASEMENT TO BE ACQUIRED
AREA = 1,320 5F OF CA1.1F��\�-
EXHIBIT ,� 99 REDLANDS BLVD. AND
ALABAMA ST. IMP PROJECT SHEET: 1 OF 1
APN 0292-157-31 DATE:6/3/13
te
SKETCH TO ACCOMPANY CITY OF REDLANDS DRAWN BY: TLK
�---� COUNTY OF SAN BERNARDINO
LEGAL DESCRIPTEON STATE OF CALIFORNIA SCALE:1"=40`
RECORDING REQUESTED BY Electronically Recorded in Official Records,County of San Bernardino 7/21/2D14
10:31 AM
Wmo WAtHi1 DENNIS DRAEGER ECG
AND WHEN RECCRDED MAIL DOCUMENT AND ASSESSOR-RECORDER-CLERK
TAXSTATEMENTTQ: � $03 Lawyers Title CO/Commonwealth
MME G-{� Clei ks A Cep Doc#: 2014-0262605 Tides: I Pages: 9
STRM
AWRMP V 06)( 5WG Fees .00
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�/j /J�� Taxes .00
Grr.ST TEA i(!� �/� Other
1 ""�����. � PAID •00
SPACE ABOVE FOR RECORDER'S USE ONLY
Rom La� vo sewkAL
Title of Document
THI
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A
4
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THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
MAIL TAX STATEMENT TO
RETURN ADDRESS ABOVE
RECORDING REQUESTED BY
�U111M)YIneAm -�,M(L
AND WHEN RECORDED MAIL DOCUMENT AND
TAX STATEMENT TO, �+ Cpdt
NAME 1.ley r`l V i f 1
ASTREET
ODR SS1/110
CfM STATE&•M!o( tdS C+ `
LP CODE /f�✓�/fig
SPACE ABOVE FOR RECORDER'S USE ONLY
Title of Document
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THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
MAIL TAX STATEMENT TO
RETURN ADDRESS ABOVE
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
4mal I *AX S f awM0&
CITY CLERK'S OFFICE
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS,CA 92373
[Space above line for Recorder's use only]
[Exempt from recording fee per to Gov.Code §6103]
[Exempt from Documentary Transfer Tax per Rev. &Tax. Code §11922]
(Note:Tax Statement Mailing Do Not Change]
APN: 0292-157-05 & 0292-157-06
GRANT OF ROADWAY EASEMENT
This Grant of Roadway Easement is entered into by and between Redlands 7/11 Associates, a
California General partnership and the City of Redlands, a Municipal Corporation(herein
"City") duly organized in accordance with the laws of the State of California.
For a valuable consideration,the receipt of which is hereby acknowledged,Redlands 7/11
Associates,a California General partnership hereby grants to City an irrevocable roadway
easement over that certain real property("Easement Area") described on Exhibit"A"and shown
on Exhibit`B" attached hereto, for the following purposes:
A. Right-of way at any time, or from time to time, to construct, maintain, operate, replace,
and renew the roadway described on Exhibit "A" and shown on Exhibit "B", and
appurtenant structures in, upon and across said Easement Area or any part thereof;and
B. Ingress and egress over the Easement Area for vehicular or pedestrian traffic.
Executed on Z 201
Redlands 7/11 Associates, a California General partnership
By:Q ,b-Z-7-�-
\J
Print name N1--N �O�n mi GhAei ThOMPS oy)
By: 0 �, "'I"Af, --�
11
Richard Browne A�-A gftAi r-d MAIL TAX STATEMENT TO
General Partner RETURN ADDRESS ABOVE
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF �� ✓t ) ss.)
On 2014, before e, -- '�^'� sJ�j' � , a Notary Public,
Personally appeared � ( � } 4�+mho 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.
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 tial seal.
so�rraN
Signature (Beak) PeomARY ca
COUNT
Go
') P 'GC•C
COUNT? ()'= AL'FORNAO
ORANGg `4
12
GOVERNMENT CODE 27361.7
I certify under penalty of perjury that the Notary Seal on the document to which this
statement is attached reads as follows: Wayw)
NAME OF THE NOTARY: �t��'
COMMISSION NUMBER: t CA V 'J O
COUNTY WHERE BOND IS FILED: Om KI a
COMMISSION EXPIRATION DATE: qu(/1 �D)20 1
I certify under penalty of perjury and the laws of the State of California that the illegible
portion of this doctunent to which this statement is attached reads as follows:
DAY q�
State of California)
County of
On before me, a Notary Publicpersonally
appeared , who 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 saine in his/her/theirs 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.
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.
Signattire (Seal)
PLACE OF EXECUTION: San Ber a i DATE: '��i r 1
SIGNATURE
�._De„LaB.osa,. P A nt
v
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF 0/2A11(qZf ) ss.
On Z 2014, before me, �,�, L��iwG'
personalty appeared ' .tin /i'licLa Notary Public,
who 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.
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.
__�..._.. ��+E�HHruiririnHHr+rHHir+rHrrrtrHH�HmnHririrHirHrHruirHiHHHruu�
Signature �~
(Seal) — ADAM L.EVAtVB
cam,#203
NOWY Rubbc-camp
�lItIIlfltirHl�rIN1!!lfMirflHiH IH611
JO18 H20ku H w
12
NOTARY SEAL
Under the provisions of Government Code 27361 .1 , 1 certify
under the penalty of perjury that the Notary Seal on the
document to which this statement is attached reads as
follows:
Name of Notary: Mom L , V;V6 n S
Commission #: , Nq Vb
Date Commission Expires: 3 on 1L mn
County where Bond is filed �(�IY t
PLACE OF EXECUTION: SAN BERNARDINO i
DATE: A m
SIGNATURE:
D.AVILES
FORM OF CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the
Right of Way Easement dated April 29, 2014, by Redlands 7'11
Associates, a California General partnership, is hereby accepted by
the undersigned officer or agent on behalf of the City Council of
the City of Redlands pursuant to the authority conferred by
Resolution No. 6756 of the City Council of the City of Redlands
adopted on Septeiriber 3, 2008, and the grantee consents to
recordation thereof by its duly authorized officer.
DATED. , 2014
s<
Enrique rartin z, City an*r ,
EXHIBIT"A"
Legal Description
Roadway Easement
APN 0292-157-05 &0292-157-06
That portion of the Northeast quarter of Block 12,Barton Ranch,in the City of Redlands,County
of San Bernardino, State of California,per map recorded in Boole 6,Page 19 of Maps in the
office of the County Recorder of said County, described as Parcels 1 and 2 in a Quitclaim
Deed recorded August 4, 1987 as Instrument No. 87-269823 of Official Records in the office of
the County Recorder of said county,lying northerly, northeasterly and easterly of the following
described line;
Commencing at the centerline intersection of Redlands Boulevard and Alabama Street as shown
on Parcel Map No. 2863 recorded in Book 30,pages 68 and 69 of Parcel Maps in the office of
the County Recorder of said County; thence along said centerline of Redlands Boulevard as
shown on said Parcel Map,North 88°43'40"West, 133.00 feet to the northerly prolongation of
the west line of Parcel 1 of the land described in said deed; thence along said prolongation,South
00°00'00"West,41.25 feet to the northwest corner of said Parcel 1; thence along the west line of
said Parcel 1, South 00°00'00"West, 18.75 feet to the TRUE POINT OF BEGINNING, said
point being on a line that is parallel with and 60.00 feet south of said centerline of Redlands
Boulevard as shown on said Parcel Map; thence along said parallel line, South 88°43'40"East;
73.19 feet; thence South 44°21'52"East, 14.0 I feet to a line that is parallel with and 50.00 feet
west of said centerline of Alabama Street as shown on said Parcel Map; thence along said
parallel line, South 00000'00"West, 121.45 feet to the south line of Parcel 2 of the land
described in said deed.
The above-described parcel of land contains approximately 2,795 square feet.
As more particularly shown on Exhibit"B"attached hereto and made a part hereof,
This real property description has been prepared by me or under my direction in conformance
with the Professional Land Surveyor's Act.
NL ta,�osG
p TERIHLE
9G
NO.0746,
Teri Kahlen, PLS 8746 Date T ,�
REDLANDS .BOULEVARD
- - - - - - -- N88----- - - 133-----------------
3---- - -------- -----
043' 4
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SOO° 00' 00"W I
18.75' I
73. 19 ' I
7.P.O.B. S880 43' 40"E I
S44° 21 ' 52 "E I
14 . 01 ' ui
of w
oi
APN 0292-157-05 0
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of
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BARTON RANCH 50.00' z
------------------------- -- I �C
BLOCK 12 I
o I
p i
M. B. 6 / 99 Q 40.00' i
o i
APN 0292-157-06 'n
0
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PARCEL MAP NO. 2863
P. M. B. 30/68-69 Quo KTE 1
PARCEL 7 No.846
INDICATES ROADWAY EASEMENT TO BE ACQUIRED �l9rF OFo��\P
AREA = 2,795 SF
E X H I B I T "g' REDLANDS BLP. AND
PROJECT
ALABAMA ST. IMP PROJECT SHEET: 1 OF 1
APN 0292-157-05 & 06 DATE:6/5/13
CITY OF REDLANDS DRAWN BY: TLK
SKETCH TO ACCOMPANY COUNTY OF SAN BERNARDINO
t circac�oti� ar�y+ers , �c( LEGAL DESCRIPTION STATE OF CALIFORNIA SCALE:I"=30'