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Recorded in Official Records, County of Sen Bernardino 211412003
3:00 PM
LARRY WALKER LMJ
W F Auditor/Controller ^ Recorder
� 604 Commenr ealth Title
rzE:t°ottDrNG REQUESTED BY AND Doc#: 2003—0101104 TRies: 1 Pages:
34
(" lhAMONWEALTH LANES TITLE CO. I Fes
Taxe107.00
s la.00
other e�.00
WHEN RECORDED, RETURNTO: aAzF $107.0e
Ci`t'y CLERK'S OFFICE
CITY OF REDLAN S
P 0 BOX 3005
REDLANDS CA 92373
(ITHS SPAi'f;FOR(a1;{.`0RDFWS USF ONLY)
BUILDING CONSERVATION EASEMENT
THISCONSERVATION EASEMENT("Easement")is made this4(t1dayofDecember,?001
by Theron L. Vines,Jr. and Geneil Vines, having;an address at 114 West Vine Street, Redlands, CA,
2373 ("Grantor"), in favor of the City of Redlands, a municipal corporation, having ars address at
P.O. Box 3005, Redlands, California("Grantee").
ITNESSETR:
WHEREAS, Grantor is the owner in fee simple of certain real property located in the City of
Redlands which is more particularly described in Exhibit"A"attached hereto and incorporated herein
by this reference (the "Property"); and
WHEREAS, two historic buildings are located upon the Property which are conrrlonly
referred to as the "Barton House" and the "Adobe structure" (together the "buildings") and
WIIE E :S,the"Barton House"building was listed in the National I e ;istcr ofHistoric/'laces
on August 3, 1993, and is a certified historic stnrc,ture; .uid
WHEREAS,the facade and interior design of the buildings possess historical and educational
values(collectively, "Conservation Valucs")of great importance to Grantee, the citizens of Redlands
.and the public at large; and
WHEREAS,the Conservation Values oft e Buildings are docurne.nted in photographs which
are attached as Exhibit"13"and will be kept on file at the office of the City Clerk of Grantee("Baseline
Documentation"). The parties agree that the photographs provide wi accurate representation of the
T:'\ca\ci jnt\Mi,;c\81dg Conservation Easetm nt,wpd Z
Buildings at the time of the execution of this Easement and which are intended to serve as in objective
information baseline for monitoring compliance with the terins of this Easement; and
WHEREAS., Grantor intends. as owner of the property,to convey to Grantee the right to take
all reasonable and necessary actions to preserve and protect the Conservation Values of the Buildings
in perpetuity;
NOW, THER:C-FORE, in consideration of the mutual promises, terms, conditions and
restrictions contained herein, and pursuant to the laws of the State of California, Grantor hereby
voluntarily grants and conveys to Grantee facade and interior design conservation casements, for the
Buildings, in perpetuity, of the nature, character and to the extent hereinafter set forth.
I. PLt!pose. It is the purpose of this Easement to ensure that the Buildings will be retained
forever in their existing historic condition and to prevent any use or physical alteration of the
Buildings that will significantly impair or interfere with their Conservation Values. Grantor intends
that this Easement will confine the use of the Buildings to such activities as are consistent with the
purpose of this Easement. Among the express purposes of this Easement is to ensure that the exterior
features and design of the Buildings, and the interior design and floor plan of the Buildings', are not
altered in any manner that would detract front or adversely affect the historic character of the
Buildings.
2. Grantor's Covenants. In furtherance of this Easement, Grantor undertakes, of itself, to do
(and to refrain from doing as the case may be) upon the Property each of the following covenants
which contribute to the public purpose of significantly protecting and preserving the Conservation
Values of the Buildings:
(a:) Grantor shall not demolish, remove, or raze the Buildings or their facades except as
provided in paragraphs 23 and 24.
(b) Without the prior express written permission of Grantee, Grantor shall not undertake
any of the following actions:
(i) increase or decrease the heightof the Buildings or their facades;
(ii) adversely affect the structural soundness of the Buildings or then'facades;
(Iii) make any changes to the Buildings facades including the alteration, partial
removal, reconstruction, remodeling or other physical or structural changes
including any change in color or surfacing, with respect to the appearance or
construction of the facades, with the exception of ordinary inaintenarice as
described in subsection(c),below.
(c) Grantor shall at all times maintain the Builditigis in, a good and sound state of"repair
and shall undertake the mininnini maintenance necessary to prevent deterioration of
the Buildings.
Conce rvanion Easement,-,,,Pd 2
3. Rights of Grgritee. To accomplish the purpose of this Easement the following rights are
conveyed to Grantee by this Easement:
(a) To take all reasonable or necessary actions to preserve and protect the Conservation
Values of the Buildings;
(b) To enter into the Buildings and upon the Property, at reasonable times, in order to
monitor Grantor's compliance with,and otherwise enforce,the terms of this Easement:
provided that such entry shall be upon prior reasonable notice to Grantor,and Grantee
shall not unreasonably interfere with Grantor's use and quiet enjoy,,nient of the
Buildings oil the Property; and
(c) To prevent any activity on, or use of, the Buildings or the Property that is inconsistent
with the purpose of this Easement and to require the restoration of such areas or
features of the Buildings that may be damaged by any inconsistent activitv 01, use
pursuant to Section 5 hereof.
4. Prohibited Uses. Any activity on, or use of, the Buildings or the Property inconsistent
with the purpose of this Easement is prohibited.
5. Reserved Rights. Grantor reserves to itself, and to its personal representatives, heirs,
successors and assigns all rights from its o�wnership of the Property including the right to engage in
11 engage
or permit or invite others to engage in all uses of the'Property that are not expressly prohibited herein
and are not inconsistent with the purpose of this Easement.
6. Notice of Intention to Undertake Certain Perinitted Actions, Grantor shall notify Grantee
prior to undertaking any uses or significant improvements to the Buildings to afford Grantee an
opportunity to ensure that the activities in question are designed and carried out in a manner consistent
with the purpose of this Easement. Such notice shall be In writing not less than thirty t3)0)days prior
to the date Grantor intends to undertake the activity in question- The notice shall describe the nature,
scope, design, location, timetable and any other material aspect of the proposed activity in sufficient
detail to permit Grantee to make an informed judgment as to its consistency Nvith the purpose of this
Easement.
7, Grantee's Approval, Where Grantee's approval is required, as set forth in Sections 2 and
5,Grantee shall grant or withhold its approval in writing within thirty{30)days of receipt of Grantor's
written request therefor. Grantee's approval may be withheld only upon a reasonable determination
by Grantee that the action as proposed would be inconsistent with the purpose of this Easement,
S. Grantee's Remedies, If Grantee determines that Grantor is in violation of tile term.-,of this
Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such
violation and demand corrective action sufficient to Cure the violation and., where the violation
involves injury to the Buildings resulting from any use or activity inconsistent with the purpose of this
1:�,,ca\di-,\Misc\Bldg Consen,at zcn Easernent'.wpd
Easement, to restore the portion of the Buildings so Injured. If Grantor falls to cure the violation
within thirty(3)0)days after receipt of notice thereof from Grantee, or under circumstances where the
violation cannot reasonably be cured within a thirty(30)day period, fail to begin curing such violation
within the thirty{30)day period,or fail to continue diligently to cure such violation until finally cured,
Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the
terms of this Easement, to enjoin the violation, exlmrte as necessary, by temporary or pernianent
injunction, to recover any damages to which it may be entitled for violation of the terms of this
Easement or injuryto any Conservation Values protected by this Easement,including damages for the
loss of aesthetic values, and to require the restoration of the Buildings to the condition that existed
prior to any such injury. Without limiting Grantor's liability therefor, Grantee, in its sole discretion,
may apply any darnages recovered to the cost of undertaking any corrective action on the Property.
If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent
or mitigate significant damage to the, Conservation Values of the Buildinc,;,s, Grantee may pursue its
remedies under this section without prior notice to Grantor or without waiting for the period provided
for cure to expire. Grantee's rights under this section apply equally in the event of either actual or
threatened violations of the terms of this Easement,and Grantor agrees that Grantee's remedies at law
for any violation of the terms of this Easement are inadequate and that,Grantee shall be entitled to the
injunctive relief described in this section,both prohibitive and mandatory, in addition to such other
relief to which Grantee may be entitled,including specific perforn-tance of the terms of this Easement,
without the necessity of proving either actual damages or the inadequacy of otherwi se avai fable legal
remedies. Grantee's remedies described in this section shall be cumulative and shall be. in addition.-
to
ddition.to all remedies now or hereafter existing at law or in equity.
9. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this
Easement against Grantor,including,without limitation,costs of suit and attorneys';fees,and any costs
of restoration necessitated by Grantor's violation of the terms of this Easement shall, be borne by
Grantor.If Gratitee prevails in any action to enforce the terms of this Easement,Grantee's costs of suit,
including, without limitation, attorneys' fees, shall be borne by Grantor.
10. �araritc&s Discretion, Enforcement of the tents of this Easement shall be at the discretion
of Grantee, and any forbearance by Grantee to exercise its rights under this'Easement in the event of
any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver
by Grantee of such term or of any subsequent breach of the same or any other term of this Easernent
or of any of Grantee's rights under this Easernent. No delay or orris ion by Grantee in the exercise
of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed
as a waiver,
I I.Acts Bevo-nd Grantor's Control. othing contained in this Easement shall be construed to
entitle Grantee to bring any action against Grantor for any injury to or change to the Buildings
resulting from causes beyond Grantor's control, including, without limitation, fire, flood,, storm and
1u\ca\djm\Misc\Bwig Conservation Easement.wnd 4
earth movement,or from anyprudent action taken by Grantor under emergency conditions to prevent;
abate or mitigate significant injury to the; Buildings resulting from such causes.
12. Costs and Liabilities. Grantor retains all responsibilities and 'shall bean- all costs and
liabilities of any kind related to the ownership, operation, upkeep and maintenance of the buildings;
including the maintenance of adequate comprehensive general liability insurance coverage. Granter
shall keep the buildings free of any liens arising out of any work performed for, materia Is furnished
to, or obligationsincurred by Grantor.17 ,
13. Taxes. Grantor shall pay before delinquency all taxes, assessments, fides and charges of
whatever description levied on or assessed against the Buildings and the Property by corrapetent
authority (collectively "Taxes`"), including any Tuxes imposed upon, or incurred as a result of this
Easement, and shall furnish Grantee with satisfactory evidence ofpayinent upon request'.
14, Hold Hath less.Grantor shall defend,index nify andhold harmless Grantee and its elected
officials, officers; employees and agents (collectively "Indemnified Parties") from and against all
liabilities, penalties, casts, losses, damages, expenses, causes of action, claims, demands and
judgments including, without limitation, reasonable attorneys' fees, arising from or ill ally way
connected`with: (1)injury to or the death of anyperson,or physical damage to any property,resulting
from any act, omission; condition, or ether matter related to or occurring on or about the buildings
or the Property, regardless of cause, unless dui: solely to the negligence of any of the Indemnified
Parties,(2)the obligations specified in Sections 8and 9;and(3)the existence or administration of this
Easement.
15. Extinguishment. if circumstances arise in the future that render the purpose of this
Easenxent impossible to accomplish, this Easement can only be terminated or extinguished, whether
in whole or in part,by judicial proceedings in a court ofcompetent jurisdiction,and the amount of the
proceeds to which Grantee shall be entitled, after- the satisfaction of prior- claims, from any sale,
exchange; or involuntary conversion of all or any portion of the Property subsequent to such
teirnination.or extinguishment, shall be determined, unless otheii ise provided by California law, at
the time, Grantee shall use all such proceeds in a manner consistent with the conservation purposes
of this Easement,
16. Subscouent Transfers. Grantor shall incorporate the tennis of this Easement in any°deed
or other legal instrument by which it divests itself of any interest in all or a portion of the Property,
including, without limitation, a leasehold interest. Grantor further agrees to give written notice to
Grantee ofthe transfer-of any, interest at least twenty l X0 days;prior to the chute of such transfer.°. `l"lie
failure of Grantor to perform any act required by this section shall not impair the validity of this
Easement or limit its enforccsability in any way.
. '.t.:a w f:5i M i s r.,`1B..L u:T Con zt{..t a"Ctl i.Y-.:on RC,S.semen w',..Ji—pd..
5
IT N-otices, Any notice that either party desires or is required to give to the other shall be in
writing,and either served personally or sent by first class mail,postage prepaid,addressed as follows.
Grantor: Qrantee:
Theron L. Vines, Jr. and Geneil Vines City Clerk,
114 W. Vine Street City of Redlands
Redlands, CA 92373 P. 0. Box 3005
Redlands, CA 92373
or-to such other address as citherparty ficin time to time shall designate by written notice to tile other.
18. iRsecordation- Grantee may record this instrument in timely fashion in the official records
of an Bernardino County,California aridniay re-record it at any time as niav be required to preserve
its rights in this Easement.
19. !aeneral Provisions,
(a) Controlling Law, The interpretation and performance of this Easement shall be governed
by and construed in accordance with the laws of the State of California,
(b) Liberal Construction, Any general rule of construction to the contrary notwithstanding,
this Easement shall be liberally construed in favor of the grant to effect the purpose of this Easement.
.If any provision in this instrument is found to be ambiguous, an interpretation consistent with the
purpose ofthis Easement that;would render the provision valid shall be favored over any interpretation
that would render it invalid,
(c) Entire Agreement. This instrument sets forth the entire agreement of parties with
respect to the Easement and supersedes all prior discussions, negotiations, understandings, or
agreements relating to the Easetrient,all of which are merged herein.No alteration or variation of this
instrument shall be valid or binding unless contained in a written an signed by the parties,
(d) Successors. The covenants;-terms, conditions, and restrictions of this Easement shall
be binding upon, and inure to the benefit of, the parties hereto and their respective personal
representatives,heirs,successors, and assigns and shall continue as a servitude running in perpetuity
with the Property,
(e) Termination of Rights and Obligations. A party's rights and obligations under this
Easement terminate upon transfer of the party's interest in the Easement or- Propertyexcept that
liability for acts or omissions occurring prior to transfer shall survive transfer,
d';M,\Misc'Bldg Consevvati,on Easement,wpd
Counterparts. The pat-ties may execute this instrument in two or more counterparts,
which shall, in the aggregate,be signed by both parties;each counterpart shall be deenied an
I original
instrument as against any party wvho has signed it. In the event of any disparity between the
counterparts produced, the recorded counterpart shall be controlling,
20. Public Access. Grantor shall make the premises accessible to the public on a minimuni
orv,vo (2) days per year from, 10:00 ain. to 4M p.m. and at other times by appointment, to porn-fit
persons affiliated with educational organizations,professional architectural associations,and historical
societies to study the property, Any such public admission may be subject to restrictions mutually
agreed upon as reasonably designed for the protection and maintenance of the property, and the
Grantee on request of the Grantor shall furnish such guides and/or guardians as may be reasonably be
necessary or desirable for such restrictions. Such admission may also be subject to a reasonable fee,
ifany, as maybe approved by the Grantee. The Graritee may make photographs, drawings, or other
representations documenting the significant historical.,cultural,or architectural character and ficatures
of the property and distribute thein to magazines,newsletters,or other publicly available publications,
or use them in any of its efforts or activities for the presenation and conservation of Cali.forma's
heritage,
21. Standards for Review. In exercising any authority created by the Easement to inspect the
Premises,the Buildings,or the Facades;to review any consti:uction,alteration,repair,or,maintenance;
or to review casualty damage or to reconstruct or approve reconstruction,of the Buildings following
casualty damage, Grantee shall apply the Standards for Rehabilitation and Guidelines for
Rehabilitating I-listorle Buildings, issued and as may be amended from time to time by the Secretary
of the United States Department of the Interior (hereinafter the "Standards") and/or state or local
standards considered appropriate byGrantee forreview of work affecting Iiistoricallyorai.-cliitectLirally
significant structures or for construction of new structures within historically, architecturally, or
cultui-ally significant areas. A copy of the Standards is attached as Exhibit D iii the Addenda, and
whenever Grantee receives notice that the Standards have been amended,it shall notify Grantor of the
amendment. Grantor agrees to abide by the Standards in perfornnng all ordinary repair and
maintenance work and the minimum maintenance program,described in Paragraph 2(c)and contained
in Exhibit C in the Addenda. In the event the Standards are abandoned or materially altered or
otherwise become,in the sole j udginent of the Grantee,inappropriate for the purposes set forth above,
the Grantee may apply reasonable alter nati),,,e standards and notify Graritor of the substituted standards.
22, C
lasu,iltv,DaniaL,�oorDest.ruc,t-ion. In the event that,the Premises or any part thereof shall
be,damaged or destroyed by casualty, Grantor shall notify Grantee in writing within one(1)day of the
dama.g,e or destruction, such notification including what, if any, emergency work has already been,
completed. For purl)oses of this instrument, the terna"casualty" is defined as such sudden damage or
loss as would duality fora loss deduction pursuant to Section 165(c)(3)of the Internal Revenue Code
(construed without regard to the legal status, trade, or business of Grantor or any applicable dollar
\,c a',djzrAM,-isc',1181,,'T. ol'i Easemeat.,wpd 7
limitation). No repairs or reconstruction of any type,other than temporary emergencywork to prevent
further damage to the Property and to protect public safety, shall be undertaken by Grantor without
the Grantee's prior written approval of the work. Within four (4) weeks of the date ofdamage or
destruction, Grantor shall submit to Grantee a written report prepared by a qualified, restoration
architect and an engineer, if required, acceptable to Grantor and Grantee which shall include the
followina:
C
(a) an assessment of the nature and extent of the damage;
(b) a determination of the feasibilityof the restoration of the Facades and
lor reconstruction
of damaged or destroyed portions of the Property; and
(c) a report of such restoration/reconstract ion work necessary to return the Property to the
condition existing at the date[hereof or of the completion of any required work as set
forth in the Easement]. If, in the opinion of the Grantee, of reviewing such report,
the purpose and intent of the Easement will be served by such
restoration/reconstruction, Grantor shall within cigliteen (18)months after the date of
such change or destruction complete the restoration./construction of the Property in
accordance with the plans and specifications consented to by the Grantee up to at least
the total of the casualty insurance proceeds. Grantee has the right to raise funds toward
the costs of restoration of partially destroyed premises above and beyond the total of
the casualty insurance proceeds as may be necessary to restore the appearance of the
Facades, and such additional costs shall constitute a lien on the Premises until repaid
by Grantor.
23. 'Grantee's Remedies Followinc,Ca The forelgoing not withstanding,in the
event of damage resulting from casualty, as defined in Section 22, xvhich is of such magnitude and
extent as to renderrepairs,or reconstruction of the Buildings impossible using all applicable insurance
proceeds, as deterniined by Grantee by reference to bona fide cost estimates, then
(a) Grantee raky elect to reconstruct the Building using insurance proceeds,donations,or
other funds received by Grantor or Grantee on account ofsuch casualty,but othemvise
at its own expense(such expense of Grantee to constitute a lien on the premises until
repaid in full); or
(b) Grantee may elect to choose any salvageable portion of the Facades and remove them
from, the premises, extinguish the easeirient, pursuant to Paragraph 25, and this
instrument shall thereupon lapse and be of no further force and effect, and Grantee
shall execute and deliver to Grantor acknowledged evidence of such fact suitable fore
recording in the land records of an Bernardino County,California,and Grantor shall
deliver to Grantee a good and sufficient Bill of Sale for such salvaged portions of the
Facade.
1, C,
'a\djm',Misc\B1d49Con-ger-vacie=ra Easement.wpd 8
24. Review After-C-Aasgghtyl-oss- If,
, in the opinion of the Grantee,restoration/reconsmiction
would not serve the purpose and intent of the Easement, then Grantor shall continue to comply with
the provisions of the Easement and obtain the prior written consent of Grantee in the event Grantor
wishes to alter, demolish, remove, or raze the Buildings, and/or CODSII-UCt new improvements on the
Premises.
25. Grantee's Remedies, Grantee has the following legal remedies to correct any violation of
any covenant,stipulation,or restriction herein,in,addition to any remedies now or hereafter provided,
by law:
(a) Grantee may, followingreasonable written notice to Grantor, institute instsuit to c
1:1 - I 11join
Such violation by ex parte, temporary, preliminary and/or permanent hIjUnction,
including prohibitory and/ormandatory inJunctive relief,and to require the restoration
of the Property to the condition and appearance required under this Easement.
(b) Representatives of Grantee may following reasonable notice to Grantor, enter upon
the Property,correct any such violation,and hold Grantor,its successors,and assigns,
responsible for the cost thereof.
(i) Such cost until repaid shall constitute a lien on the Property.
(ii) Grantee shall exercise reasonable care in selecting independent contractors if it
chooses to retain such contractors to correct any such violations, Including making reasonable inquiry
as to whether any such contractor is properly licensed and has adequate liability insurance and
workman's compensation coverage.
(c) Grantee shall also have available all legal and equitable remedies to enforce Grantor's
obligations hereunder.
(d) In the event Grantor is found to have violated any of its obligations, Grantor shall
reimburse Grantee for any costs or expenses incurred in connection therewith,
including all reasonable Court Costs, and attorney's architectural, eng'.Pacerin g, and
expert witness fees.
(e) Exercise by Grantee of one remedy hereunder shall not have the effect of waiving or
lit.niting any other remedy, and the failure, to exercise any remedy shall not have the
effect of waiving or firruting the use of any other reniedy or the use of such remedy at
any other time.
26. 'Notice of proposed Sale.Grantor shall promptly notify Grantee in writing of any proposed
sale of"the Premises and provide the opportunity for Grantee to explain the terms of the Easement to
I d i m\',,",i sc\a Idg COLrsery at on 2 a serment ,AMd 9
potential new owners prior to sale closing:
27. Runs withthe land. The obligations imposed by this Easement shall he effective in
perpetuity and shall he deemed to run as a binding servitude with the premises,This Easement shall'
extend to and he binding upon Grantor and G armee, their respective successors in interest and all
persons hereafter claiming under or through Grantor and grantee., and the words "Grantor" and
"Granter"when used herein shall include all such persons.Auything contained herein t the contras
notwithstanding, a person shall have no obligation me pursuant to this Easement where such person
shall cease to have any interest in the Property by reasonof a bona fide transfer, Restrictions,
stipulations, and covenants contained in this instrument shall he inserted by Grantor, verbatim or by
express reference, in any subsequent deed or other legal instrument by which grantor divests itself of
either the fee simple title to or any lesser estate;by in the premises or any part thereof, including, by
way ofexample and.. tint limitation, a lease of office space;
28. Recording. Grantee shall do and perform at its ove=n cost all acts necessary to the prompt
recording of this instrument in the land records of San Bernardino County, California. This
instrument is effective only upon recording in the land records of Sail Bernardino County{,California.
29. Existing Liens. Grantor warrants to Grantee that no lien or encumbrance exists on the
premises as of the date hereof. Grantor shall immediately cause to be satisfied or release any lien or
claim of lien that may hereafter conte to exist against the Property which would have priority over any
of the rights, title or interest hereunder of Grantee:
0, ubordination r,f'ly� . grantor and Grantee agree that all mortgages and rights in
the Property of all Mortgagees ec s are subject and Subordinate at all times to the rights of the Grantee to
enforce the purposes of this Easement.Grantor has provided a copy of this Easement to all mortgagees
of the Premises as of the date of this agreement, and the agreement of each mortgagee to subordinate
the mortgage to this Easement is contained in the ek- dd;enda as Exhibit F. The; following provisions
apply to all mortgagees now existing or hereafter holding a mortgage on the Property
(a) If a mortgage grans to a naort;a ee the right to receive the: proceeds of condemnation
proceedings arising from any exercise of the power of.et inert domain as to all or any part of the
Premises or the right to receive insurance proceeds as a result of any casualty#, hazard or accident
occurring to or about the Premises, the mortgagee shall have a prior claire to the insurance: and
condemnation proceeds and shall be entitled to same in preference to grantee until the nrortga<ge is
paid off and discharged,notwithstanding that the niortgag e is subordinate its priority to this Easement..
(b) if a mortgagee has received an assignment of the leases, rents and profits of the Preinises
as security'or additional security for a loan, then the mortgagee shall have a prior claim to the leases,
rearms and profits of the Premises and shall be entitled to receive same in prtf rence.to Grantee until
1: SC"Bldg Conser a Boz, Eagew� nt.
said M, ort agce's del-t is paid off, notwithstanding that the Mortgage is subordinate to this Easement:
(c)Until a mortgagee or purchaser at foreclosure obtains ownership of the Property followin
foreclosure of its mortgage or deed in, lieu of foreclosure, the mortgag e or purchaser shall have no
obligation, debt, or liability under this Easement;
(d) Before exercising any right or reniedy due to breach of the, Easement except the right to
enjoin a violation hereof, Grantee shall give all mortgagees of record written notice describing the
default,and the mortgagees shall have sixty(tits)days thereafter to cure or cause a cure of the default.
(e) Nothing contained in the above paragraphs or in this Easement shall be construed to give
any mortgagee the ri ht;to extinguish this Easement by taping title to the Premises by foreclosure or
otherwise,
31. Plea Grantor agrees that Grantee may provide and maintain a plague on the buildings
giving notice of the significance of the Buildings and the existence of this perpetual preservation and
conservation easement.
'?.. Indemnification, grantor hereby agrees to pay, protect, indemnify, hold harmless and
defend at its own cost and expense, Grantee, its agents, director, and employees, or independent
contractors from and against any and all claims liabilities, expenses, costs, damages<losses, and
expenditures(including reasonable attorneys' fees and disbursements hereafter incurred.)arising out
of or in any way relating to the administration, perforined in good faith, of this preservation and
conservation easement,_including,but not limited to,the granting or denial of consents hereunder,the
reporting on or advising as to any condition on the Property, and the execution of work on the
Property. In the event that Grantor is requir=ed to indeninifv Grantee pursuant to the terms of this
Easement, the amount of such indemnity, until discharged, shall constitute a lien on the Property.
33;:_ `faxes. Grantor shall pay immediately,when first due and.owing,all general taxes,special
taxes,special assessments,water charges,sewer service charges,and outer charges which maybecome
a lien on the Property. Grantee is hereby authorized,but in no event required or expected, to male
or advance, upon three 3l days prior written notice to Grantor, in the place of Grantor., any payment
relating to taxes,;assessments w=ater rates; sexAier rentals, and other goverinnental or municipality
charge, fine, imposition or lien asserted against the premises and may der so according to any bill;
statement,or estimate procured from the appropriate public office without inquiry into the accuracy`
of such bill, staternent, or assessment or into the validity of such tax; assessment; sale or forfeiture.
Such payment, ifmade by Grantee,shall become a lien on the Property of the same priority as the item
if not paid would have had and shall bear interest until paid by,.Grantor at two 2) percentage points
over the prime mate of interest fronn time to time charged.
Conservation Easnent.r"xi
34. Insurance. Grantor shall keep the Property insured by an insurance company rated "A+"
or better by Best's for the full replacement value against loss from the perils commonly insured under
standard, fire and extended coverage policies and comprehensive general liability insurance against
claims for personal iqj ury,death, and property dw-nage of a type and in,such arnowits as would, in the
opinion of Grantee,normally be carried on a property such as the Property protected by a preservation
and conservation easenient. Such insurance shall include Grantee's interest and name Grantee as an
additional insured and shall provide for at least thirty,(30)days'notice to Grantee before cancellation
and that the act or omission of one insured will not invalidate the policy as to the other insured pal-tV.
Furthermore, Grantor shall deliver to Grantee fully executed copies of such insurance policies
evidencitic,the aforesaid insurance coverage at the commencement of this grant and copies of new or
renewed policies at least ten (10) days prior to the expiration of such policy. Grantee shall have the
right to provide insurance at Grantor's cost and expense, should Grantor fail to obtain same. In the
event Grantee obtains such insurance, the cost of such insurance shall be a lien on the Premises until
repaid by the Grantor.
35. Evidence ofWorn pfiance. Upon request by Grantee, Grantor shall can promptly'furnish
Grantee with evidence of Grantor's compliance with any obligation of Grantor contained herein.
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever.
IN WITNESS WHEREOF Grantor and Grantee have set their hands on the day and year
first above written.
k
GRANT GRANTEE
Ther tin-L. Vi es, Jr-,,,,,
Karl INT. Haws, Mayor
Attest:
eneit Vines
C' C I erk
[Acnowledgenients] [Acknowledgements]
:.\ca'\dj.,n\M!sc\B1.dq Conservation Ras ement.vpd 12
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLA DS
By the authority granted under Chapter 4,-Article 3, Section, 118 1, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Goverimient Code, on January 29,
2003, before me, Beatrice Sanchez, Deputy CityClerk, on behalf of Lorrie Poyzer, City Clerk f
the City of Redlands; California,, personally appeared Karl N. Haws and Lorrie Pdyzer
personally known to me - or proved to rue 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 sante 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.
WITNESS S my`hand and official Neal.
,p
LORRIE PO ER., CITY CLERK
I
Al
ax' �wi
aBy-
BiasBeatrice-Sanchez, Deputy City Clerk
' t t ��* ' (909)798-7531
C'APACIT'Y CLAIMED BY SIGNER(S)
Individual(s) sighing for onesell7theinselves
�! Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership :: W
Attorney-In- act
Prin ipahs)
-
Trustee(s)
Trust
1 Other
Title(s): Mayr and City Clerk
Entity Represented: City of Redlands, a municipal corporation
THIS CERTIFICATE musT BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title ter Type of Document: Farming and Conservation Easement (Barton house/Grove)
Date of Document., December 4, 200
Signer(s) Other Than lamed Above: Theron L. Vines, Jr. and Geneil 'eines
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )S
OUNTYOF Sats Bernardino
On ,Januar ' 28, 2003 before me, the undersigned
personally appeared Theron ' _� Vines
,Notary Public
i
t�e;�*_ �3r. . art-" ri�z ` ars
personally known to me for proved to me on the basis of satisfactory evidence)to be the person(s)whose j (s,l are Subscribed to the wtth9i Ointment
and acknowledged to me-that hetshe'they eyeetited the carne in his/her/their authorized capacity(ies)-and that by hiEsiberitheir signature(s) on the instrument
the person(s)or the entity upon behalf oaf which the person(s)acted,executed the instrument.
GE DINE R BRAY
WITNESS I NESS my ha an d official seal Commission 01317
Signature n . '� .: `°A NotaryFattticiiFtirs3i
f an Bemaniino County
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not rewire the Notary to fill in the data below, doing so may prove invaluable to persons retying on the
document.
fx f INDIVIDUAL
f CORPORATE OFFICER(S) 'E(S)
f ] PARTNER(S) u [ l umrrm I ]GENERAL
[ ATTORNEY-IN-FACT
f 1 TRUSTEE(S)
f ]
GUARDIAN/CONSERVATOR
f ] OTHER
SIGNER IS REPRESENTING:
I'lieron L. Vines, Jr. Geneil Vines
;Marne of Person or Entity Name of Person or Entity
OPTIONAL SECTION
Though the date requested here is;not required by law, it could prevent fraudulent reattachment of this form
TMS CERTI< CATE MUST BE ATTACIIED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT: "BUi ldi rlg Conservation Easement"
NUMBER ER F PAGES 14 DATE OF DOCUMENT 1)ece t b er 4, 2002
SIGNER(S) OTHER THAN NAMED ABOVE (sift of Redlands
EXHIBIT "A
Parcel No. 1 Portion of 0292-172-05
All that portion of Lot or Block 8, of The Barton Ranch, in the City of REDLANDS
County of SAN BERNARDINO,-State of California, as per mala recorded in Book
page(s) 19, of Maps, in the office of the Daum Recorder of said County,
described as follows.
Commencing at the intersection of the centerline of Nevada Street and the
North litre of Tract No. 2216, recorded in Book 31, page(s) 81, of Maps;
Thence along said center line and as shown can said Tract No. 2216, South 00 37'
East 4.37 feet;
Thence South 120 4' West 102.51 feet to a point, said point being the True
Point of Beginning;
Thence from said paint of beginning and leaving said center line of Nevada
Street, South 360 52' 50" East 128.77 feet;
Thence South 720 7' 50" East 85 feet;
Thence South 240 42` 20" East 130.22 feet;
Thence South 870 37' 20" East 101.75 feet;
Thence South 00 7' 0" East 26 feet to a point on the North property line of land
deeded to San Bernardino County by deed recorded February 25, 1927, in Book
201, page(s) 165, 0)fficial Records;
Thence along said North property line so conveyed, South 891 53' West 155.83
feet;
Thence ,along the West property line so conveyed, South 70 25' East 16 feet;
Thence leaving said County property, South 870 59' Test 172.62 feet to a point
on the center line of Nevada Street, as shown on said Tract No. 2216,
Thence along said center line North 150 55' West 41.56 feet;
Thence North 41 2' West 110.80 feet,.
Thence North 110 11' East 96,10 feet;
Thence North 12° 4' East 55.46 feet to the Point of Beginning.
Parcel No. 2.: Portion of 01292.-172.-05
All that portion of Leat or Block 8, of The Barton Ranch, in the City of REDLANDS
County of SAN BERNARDINO, State of California, as per chap recorded in Beak 6
page(s) 19, of Maps, in the office of the County Recorder of said County,
described as follows:
EXHIBIT "A" Continued
Beginning at a point in the center line of Nevada Street which is South 00 15'
West 644.5 feet from the intersection of said center line of Nevada Street and
Orange Avenue, said point being the Southwesterly corner of the land conveyed
to Charlie E. Love and wife, by deed recorded August 17, 1950, in Book 2624,
page(s) 161, Official Records,
Thence South 00 37' East 4.37 feet ;
Thence South 320 44' West along the center line of Nevada Street, 102.51 feet,
more or less, to a point, said point being the Northwesterly corner of the land
conveyed to Herman Joling and wife, by deed recorded December 6, 1946, in
Book 1978, page(s) 251, Official Records,
Thence along the Northeasterly line of the property so conveyed to 3oling,
South 360 52' 50" East 128.77 feet;
Thence<South 720 47' 50" East SS feet;
Thence South 240 42' 20" East 130.22 feet;
Thence South 870 37' 20" East 101.75 feet;
Thence South 00 7' 0" East 26 feet to a point on the North property line of land
deeded to San Bernardino County by deed recorded February 25, 1927, in Book
201, page(s) 165, Official Records;
Thence along said North property line of the County of San Bernardino, North
890 531 0" East 13.57 feet;
Thence Northeasterly, North 190 19' 49" East 234.16 feet, more or less, to a
point that is South 550 32' 30" East 191.30 feet and South $20 55' East 145.33
feet from the True Point of Beginning;
Thence North 550 32' 30" West 191.30 feet;
Thence North 820 55' West 145.33 feet to the True Point of Beginning.
Parcel No. 3: Portion of 0292-166-09
All that portion of Lot 8, Barton Ranch, in the City of REDLANDS, County of SAN
BERNARDINO, State of California, as per map recorded in Book 6, page(s) 19, of
Maps, in the office of the County Recorder of said County, described as follows:
Commencing at a point in the center line of Nevada Street, South 00 10' 30"
East 644.50 feet from the center line intersection of 50 foot wide Orange Street
and 80 foot wide Nevada Street, said point being the Southwest corner of the
land conveyed by Charley E. Love and wife to Floyd M. Sandefur and wife by
deed recorded August 5, 1952, in Book 2996, page(s) 519, Official Records
(Recorder's Daily Instrument No. 88);
EXHIBIT "A" Continued
Thence along the Southerly line of said Sandefur Land, South 810 46' 30" East
143.52 feet (South 820 35' East 145.33 feet per deed) to an angle point
therein, said point being the True Point of Beginning;
Thence continuing South 550 38' 15" East along said Southerly line of Sandefur
land, 191.25 feet (South 550 32' 30") East 191.30 feet per deed);
Thence South 450 13' 30" East 12.29 feet;
Thence leaving said Southerly line of Sandefur property, North 00 10' 30" West
101.04 feet;
South 240 42' 20" East 130.22 feet;
Thence North 840 39' 17" West 167.02 feet to the Point of Beginning.
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Recorded in Official Records,County of San Bernardino 2/1412003
3:00 PM
LARRY WALKER
LMJ
oAuditor/Controller -- Recorder
{
604 Commonwealth Title
3 Doc f 2003—0101105Titles: 1 e16
RECORDING REQUESTED BY AND
COMMONWEALTH LAND TITLE CO.
Fees 53.0'
Taxes 0x00
to t he"- 0.00
WHEN REs� E D,RETURNI TO � � Oche 153.00
ITT CLEWS OFFICE'
CITY OF ISE DL NDS
P 0 BOX 3£I05
REDLANDS CA 92373
(THIS SPACE FOR R-LCORDER'S USE ONLY)
FARMING G A ND CONSERVATION EASEMENT
T
THIS FARMING AND CONSERVATION EASEMENT "Easement")is made this 4th dirt'
of December, 2002 by Theron L. Vines, Jr. and Ceneil Vines, having an address at 114 West Vine
Street, Redlands, CA 92373 ("Grantor"), in favor of the City of Redlands, a municipal corporation,
-
havin,,an address at p.0, Box 3005, Redlands, California ""(Grantee").
WITNESSETH
WHEREAS,.AS,Grantor is the owner in fee simple of certain real property>located.in the City`of
Redlands which is more particularly described in Exhibit T"I "attached hereto and incorporated herein
by this reference (the "Property"); and
1ATIEREAS, an agricultural grove is located upon the Property( the "Grove");; and;
WBEREAS,maintenance of the Crave on the Property is of great importance to Grantee, the
citizens of Redlands and the public at large; and
WHEREAS, photographs of the Grove datedrove tuber a0 q 20012, that the parties agree
provide an accurate representation of the Grove at the time of the execution of this Easement, and
which are intended to serve as an Ojective information baseline for monitoring compliance nc;e w ith the
terms of this Easement, are attached as Exhibit ",2" and will be kept on file at the office of the City
Clerk of Grantee and incorporated by this reference ("Baseline Documentation"); and
WHEREAS,EAS, Grantor°intends, as ownc�r of the Property,to convey°tc Grantee the right to tal e
x
all reasonable and necessary actions to farm, preserve and protect the Grove in perpetuity"
NOW, THEREFORE, in consideration of the mutual promises, terms, conditions and
restrictions contained herein, and pursuant to the laws of the State of California, Grantor hereby
voluntarily grants and conveys to Grantee a farming and conservation caserrient for the Grove. ill
perpetuity, of the nature, character and to the extent hereinafter set forth.
1. PuWose. It is the purpose of this Easement to ensure that the Grove will be retained forever
as an orange grove in its existing condition and to prevent any use or physical alteration of the Grove,
Grantor intends that this Easement will confine the use of the Grove to such activities as are consistent
with the purpose of this Easement. Among the express purposes of this Easement is to ensure that the
Grove is not altered in any significant manner.
2. Grantor's Covenants. In furtherance ofthis Easement, Grantor undertakes, of itself, to do
(and to refrain from doing as the case may be) upon the Property each of the following covenants
which contribute to the public purpose of significantly protecting and preserving the Grove,Grantor
shall not remove all or any portion of the Grove without the prior express written permission of
Grantee.
3. Ric,
,hts of Grantee. To accomplish the purpose of this Easement the following rights are
conveyed to Grantee by this Easement:
(a) To farm the Grove, and to retain all rights to the fruit produced by the Grovc,
(b) To take all reasonable or necessary actions to preserve and protect the Grove;
(c) To enter upon the Property, at reasonable times, in order to monitor Grantor's
compliance with, and otherwise enforce, the terms of this Easement; provided that
such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not
unreasonably interfere with Grantor's use and quiet enjoyment of the Grove or the
Property; and
(d) To prevent any activity on,or use of,the Grove or the Property that is inconsistent with
the purpose of this Easement and to require the restoration of such areas or features of
the Grove that maybe damaged by any inconsistent activity or use pursuant to Section
6 hereof
(e) To provide water to the Grove through the existing meter and appurtenant pipelines
presently serving the Grove,
4. Ri2hts of Grantor.
(a) To enforce Grantee's obligation to maintain the Grove in substantially its present state
as an orange grove and in an aesthetically pleasing condition.
I.\c a\;-,1jva\M-',',sc',F a ra-di�g Cons ervatiol,-n Easement.wsd
(b) To enforce Grantee's obligation to pay the costs of all water delivered to the Grove
through the existing meter and appurtenant pipelines serving the Grove.
5. Prohibited Uses. Any activity on, or use of, the Grove or the Property inconsistent with
the purpose of this Easement is prohibited.
6. Reserved Rights. Grantor reserves to itself and to its personal representatives, heirs,
successors and assigns all rights from its ownership of the Property including the right to engage 111
Z;�
or permit or invite others to engage in all uses oft e Property that are not expressly prohibited herein
and are not inconsistent with the purpose of this Easement.
7. Grantee's Remedies. If Grantee determines that Grantor is in violation of the terns of this
Easement or thata violation is threatened, Grantee shall give written notice to Grantor of such
violation and demand corrective action sufficient to cure the violation and, where the violation
involves injury to the Grove resulting from any use or activity inconsistent with the purpose of this
Easement, to restore the Portion of the Grove so injured. If Grantor fails to cure the violation within
thirty (30.) days after receipt of notice thereof from Grantee, or under circumstances where the
violation cannot reasonably be cured within a thirty(30)day period,fail to begin curing such violation
within the thirty(30)dayperiod,or fail to continue diligentlyto cure such violation until finally cured,
Grantee irtay bring an action at law or in equity in a court of competent jurisdiction to eirforce the
terms of this Easement, to enjoin the violation., exparte as necessary, by temporary or permanent
injunction, to recover any dama es, to which it may be entitled for violation of the terms of this
1 9
Easement or injury to,including damages for the loss of aesthetic values,and to require the restoration
of the Grove to the condition that existed prior to any such,injury. Without limitinaGrantor's liability
I "n
therefor, Grantee, in its sole discretion, may apply any darnages recovered to the cost of undertaking
any corrective action on the Property, If Grantee,in its sole discretion,determines that circumstances
require immediate action to prevent or mitigate significant damage to the Grove,Grantee may pursue
its remedies under this section without prior notice to Grantor or without waiting for the period
providedor cure to expire.f Grantee's rights under this section apply equally in the event of either
actual or threatened violations of the terms of this Easement, and Grantor agrees that Grantee's
remedies at law for any violation of the terms of this Easement are inadequate and that Grantee shall
be entitled to the injunctive relief described in this section,both prohibitive and mandatory,in addition
to such other relief to which Grantee may be entitled, including specific perl'ortriance of the terms of
this Easement,without the necessity of proving either actual damages or the inadequacy of otherwise
available legal remedies. Grantee's remedies described in this section shall be cumulative and shall
be in addition to all remedies now or hereafter existing at law or in.equity.
8. Grantee's Discretion. Enforcement of the ternis of this Easement shall be at the discretion
of Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of
any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver
Cons e rvatl on HaseTnent.wpd 3
by Grantee of such term or of any subsequent breach of the same or any other term of this Easement
or of any of Grantee's rights under this Easement. No delay or emission by Grantee in the exercise
of any right or remedy upon any breach by Grantor shall impair such right or rernedy or be construed
as a waiver.
9, Acts Bevond Grantor's Control. Nothing contained in this Easement shall be construed to
entitle Grantee to bring any action against Grantor for any injury to or change to the Grove resulting
from causes beyond Grantor's control, including, without limitation, fire, flood, storm and earth
movement,or from any prudent action taken by Grantor under emergency conditions to prevent,abate
or mitigate significant u1jury to the Grove or surrounding property resulting, from such causes.
10. Taxes. Grantor shall pay before delinquency,all taxes, assessirients, fees and charges of
whatever description levied on or assessed against the Grove and the Property by competent authority
(collectively"Taxes"), including any Taxes imposed upon, Or incurred as a result of, this Easement,
and shall furnish Grantee with satisfactory evidence of payment upon request.
11. Hold Haimless.Grantor shall defend,indemnify and hold harmless Grantee and,its elected
officials, officers, employees and agents (collectively "Tridemnified Parties") from and against all
liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands and
judgments including, without limitation, reasonable attorneys' fees, arising from or in any way
connected with:(1)injury to or the death of any person,or physical dainage to any property,resulting
from any act,emission,condition,or other matter related to or occurring on or about the Grove or the
Property, regardless of cause, unless due solely to the negligence of any of the Indemnified Pat-ties.
12. Extiruishmejit. If circumstances arise in the future that render the put-pose of this
Easement impossible to accomplish, this Easement can only be terminated or extinguished,whether
in whole or in part,by judicial proceedings in a court of competent jurisdiction, and the amount of the
proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale,
exchange, or involuntary conversion of all or any portion of the Property subsequent to such
termination or extinguislurtent, shall be determined, unless otherwise provided by California law, at
the time. Grantee shall use all such proceeds in a manner consistent with,the conservation purposes
of this Easement.
13. SubseQuent Transfers. Grantor shall incorporate the term,s of this Easement in any deed
or other legal instrument by which it divests itself of any interest in all or a portion of the Property,
including, without limitation, a leasehold interest. Grantor further agrees to give ve written notice to
Grantee of the transfer of any interest at least twenty(2 0) days prior to the date of such transfer. The
failure of Grantor to perform any act required by this section shall not impair the validity of this
Easement or limit its enforceability in anyway.
4
ca"Aii m',11mi ac\,Farm ing Conservat ior. Eastement.v;pd
14. Notices. Any notice that either party desires or is required to give to the other shall be in
writing and either served personally or sent by first class mail,postage prepaid,addressed as follows:
GrantorGrantee:
Theron L. Vines, Jr- and Gericil Vines City Clerk
114 W. Vine Street City of Redlands,
Redlands. CA 92373 P. 0. Box 3005
Redlands, CA. 92373
or to Such other address as either party from time to time shall designate by written notice to the other.
15. Recordation,Grantee may record this instrument in timely fashion in the official records
of an Bernardino County, California and may re-record it at any time as maybe required to preserve
its rights in this Easement.
16. General Provisions,
(a) Controlling Law. The interpretation and performance of this Easement shall be governed
by and construed in accordance with the laws of the State of California.
(b) Liberal Construction. Any general rule of construction to the contrary notwithstanding,
this Easement shall be liberally construed in favor of the grant to effect the purpose of this Easernent.
In
If any provision in this instrument is found to be an-ibiguous, all interpretation consistent with the
purposeofthis Easement that would render the provision valid shallbe favored over anyinterpretation
that would render it invalid,
(c) Entire Agreement. This instrument sets forth the entire agreement of the parties with
respect to the Easement and supersedes all prior discussions, negotiations, understandings, or
agreements relating to the Easement,all of which are merged.herein.No alteration or variation of this
instrument shall be valid or binding unless contained in is written aniendrilent signed by the parties.
(d) Successors. The covenants, terms, conditions, and restrictions of this Easement shall
be binding upon, and inure to the benefit of. the parties hereto and their respective personal
representatives,heirs, successors, and assigns arid shall continue as a sen,,itude running in perpetuity
with the Property.
(e) Terinination of Rights and Obligations. A party's rights and obligations under this
Easement terminate upon transfer of the party's interest in the Easement or Property, except that
liability for acts or omissions occurring prior to transfer shall survive transfer.
Conservation Easement,wpd 5
f) Counterparts. The parties may execute this instrument in two or more counterparts,
which shall,in the aggregate, be signed by both parties-,each counterpart shall be deemed an original
C�
instrument as against any party who has signed it. 'In the event of any disparity betAveen the
counterparts produced, the recorded counterpart shall be controlling.
17. Casualty Davnatc or Destruction. In the event that the Grove or any part thereof shall be
damaged or destroyed by casualty, Grantor shall rtotif}`Grantee in writing within one (1) day of the
damage or destruction, such notification including what, if any, emergency work has already been
coiripleted. For purposes ofthis instrurnent,the terni, "casualty" is defined as such sudden damage or
loss as would qualify fora loss deduction,pursuant to Section 165(c)(3)of the IntemalRevenue Code
(construed without regard to the legal status, trade, or business of Grantor or any applicable dollar
limitation). No repairs or reconstruction of any type,other than temporary emergency work-to prevent
further damage to the Grove and to protect public safety, shall be undertaken by Grantor without
Grantee's prior written approval of the work. Within four (4) weeks of the date of damage or
destruction, Grantor shall submit to Grantee a written report prepared by a qualified restoration
architect and an engineer, if required, acceptable to Grantor and Grantee which shall include the
following
(a}' an assessment of the nature and extent of the damage;
(b) a determination of the feasibility of the restoration of tile Grove and/or reconstruction
of damaged or destroyed portions of the Grove; and
(c) a report of such restoration/reconstruction work necessary to return the Grove to the
condition existing at the date hereof. If,in the opinion of Grantee after reviewing such
report, the purpose and intent of the Easement will be served by such,
restoration/reconstruction,Grantor shall within eighteen(1 )months after the date of
such change or destruction complete the restoration;/construction of the Grove in
accordance with the plans and specifications consented to by Grantee up to the total
of the casualty insurance proceeds. Grantee has the right to raise funds toward the
costs of restoration of a partially destroyed Grove above and beyond the total of the
casualty insurance proceeds as may be necessary to restore the appearance of the
Grove,
l. Grantee's Remedies Following Casualty Damage. The foregoing notwithstanding, in the
event of damage resulting from casualty, as defined in Section 17, which is of such magnitude and
extent as to render repairs or reconstruction of the Grove impossible using all applicable insurance
proceeds, as determined by Grantee by reference to bona fide cost estimates, then Grantee may elect
to reconstruct the Grove using insurance proceeds, donations, or other funds received by Grantor or
Grantee on account of such, casualty, but otherwise at its own expense (such expense of Grantee to
constitute a lien on, the premises until repaid in full).
I ',I ca\dj m,',Misz:\Fanninq Com-,;ery at i or, E a seme=. ,rrd 6
19. Review After Casually-LOSS. ff' in the opinion of Grantee, restoration/reconstruction
would not serve the purpose and intent of the Easement, then Grantor shall continue to complywith
the provisions of the Easement and obtain the prior written consent of Grantee in the event Grantor
wishes to alter, demolish or remove the Grove.
20. Grantee's Remedies, Grantee has the following legal remedies to correct any violation of
any covenant,stipulation,or restriction herein,in,addition to any remedies now or hereafter provided
by law:
(a) Grantee may, following reasonable written notice to Grantor, institute suit to enjoin
such violation by ex parte, temporary, preliminary and/or permanent injunction,
including prohibitory and/om
r sand tory inj urictive relief,and to req Liire the restoration
Z:�
of the Grove to the condition and appearance required under this Easement.
{b) Representatives of Grantee may, following reasonable notice to Grantor, enter upon
the Property,correct any Such violation,and hold Grantor, its successors.,and assigns,
responsible for the reasonable cost thereof
(1) Grantee shall exercise reasonable care in selecting independent contractors if it
chooses to retain such contractors to correct any such,violations,including n-iak-ing reasonable inquiry
as to whether any such contractor is properly licensed and has adequate liability insurance and
workman's compensation coverage.
(c) Grantee shall also have available all legal and equitable remedies to enforce Grantor's
obligations hereunder.
(d) In the event Grantor is found to have violated any of its obligations, Grantor shall
reimburse Grantee for any reasonable costs or expenses incurred in connection
therewith, including all reasonable court costs, and attorney's architectural,
engineering, and expert witness fees.
(e) Exercise by Grantee of one remedy hereunder shall not have the effect,of waiving or
firrilting any other remedy, and the failure to exercise any retnedy shall not have the
effect of-%,aiving or limiting the use of any other remedy or the use of such remedy at
any other time,.
21. 'Notice ofj?rgp2aedale._Grantor shall promptly notify Grantee inwri ting of any proposed
sale of the Property and provide the opportunity for Grantee to explain the terms of the Easenient to
potential new owners prior to sale closing.
1, "Ica\djm\Mi a rrn-ing consery at ion E as erqent,-apd 7
22. Runs with the Land, The obligations imposed by this Easement shall be effective in
perpetuity and shall be deemed to run as a binding servitude with the Property. This Easement shall
extend to and be binding upon Grantor and Grantee, their respective successors in interest, and all
persons hereafter claiming under or through Grantor and Grantee, and the words "Grantor" and
"Grantee"when used herein shall include all such persons.Anything contained herein to the contrary
notwithstanding,a person shall have no obligation pursuant to this Easement where such person shall
cease to have any interest in the Property by reason of a bona fide transfer. Restrictions, stipulations,
and covenants contained in this instrument shall be inserted by Grantor, verb tine or by express
reference, in any subsequent deed or other legal instrument by which Grantor divests itself of either
the fee simple title to or any lesser estate by in the Property or any part thereof, including, byway of
example and not limitation, a lease of office space.
23. Recording, Grantee shall do and perform at its own cost all acts necessary to the prompt
recording of this instrument in the records of San Bernardino County, California. This instrument is
effective only upon recording in the records of San Bernardino County, California,
24. Existing Liens. Grantor warrants to Grantee that no lien or encumbrance exists on the
Property as of the date hereof. Grantor shall immediately cause to be satisfied or release any lien or
claim of lien that may hereafter come to exist against the Propertywhich would have priorityover any
of the rights, title or interest hereunder of Grantee,
25. Suborditiation of MortQac-,es. Grantor and Grantee agree that all mortgages and rights in
the Property of all mortgagees are subject and Subordinate at all times to the rights of the Grantee to
enforce the purposes of this Easement.Grantor has provided a copy of this Easement to allmortgagees
of the Property as of the date of this Easement. "Phe following provisions apply to all mortgagees now
existing or hereafter holding a mortgage on the Property:
11:� -
(a) If a mortgage grants to a mortgagee the right to receive the proceeds of condemnation
proceedings arising from any exercise of the power of eminent domain as to all or any part of the
Property or the right to receive insurance proceeds as a result of ally casualty, hazard or accident
occurring to or about the Property, the mortgagee shall have a prior claim to the insurance and
condemnation proceeds and shall be entitled to same in preference to Grantee until the mortgage is
paid offand discharged,notwithstanding that the mortgage is subordinate inpriorityro this Easement.
(b) If a mortgagee has received an assignment of the leases, rents and profits of the Property
Z:�
as security or additional security for a loan, then the mortgagee shall have a prior claim to the leases,
rents and profits of the Property and shall be entitled to receive sarne in preference to Grantee until;
said mortgag
,ce's debt is paid off,not-vvitlistanding that the mortgage is Subordinate to this Easement,
(c) Until a mortgagee or purchaser at foreclosure obtains ownership of the Property following
Consenrat-ion Easement—wpd 8
foreclosure of its mortgage, or deed in lieu of foreclosure, the mortgagee or purchaser shall have no
obligation,debt, or liability under this Easement.
(d)Before exercising any right or remedy due to breach of this Easement, except the right to
enjoin a violation hereof, Grantee shall give all mortgagees of record written notice describing the
default,and the mortgagees shall have sixty(60)days thereafter to cure or cause a cure of the default:
(e)Nothing contained in the above paragraphs or in this Easement shall be construed to give
any moat gragee the night to extinguish this Easement by taking title to the Property by foreclosure Or
otherwise.
26. 'Inde
Indemnification. Grantor hereby agrees to pay, protect, indemnify, hold harmless, and
de Fend at its own cost and expense, Grantee, its agents, director, and employees, or independent
contractors from and against any and all claims, liabilities, expenses, costs, damages, losses, and
expenditures (including reasonable attorneys' fees acrd disbursernents hereafter incurred.) arising out
of or in any way relating to the administration, perforined, in good faith, of this preservation and
conservation easement,including,but not limited to,the granting or denial,of consents hereunder,the
reporting on or advising as to any condition on the Property, and the execution of work on the
Property. In the event that Grantor is required to indemnify Grantee pursuant to the terms of this
Easement, the arriount of such indemnity, until discharged, shall constitute a lien on the Property.
27. Taxes.Grantor shall pay immediately,when first due and owing,all,general taxes,special
taxes,special assessments,water charges,sewer service charges,and ether charges which may beconic
a lien on the Property. Grantee is hereby authorized, but in no event required or expected, to make
or advance, upon three(3)days prior written notice to Grantor, in the place of Grantor,any payi-nent
relating to taxes, assessments, water rates, sewer rentals, and other governmental or municipality
charge, tune, imposition, or lien asserted against the premises and inay do so according to any bill,
statement, or estimate procured from the appropriate public office without inquiry into the accuracy
Of Such bill, statement, or assessment or into the validity of such tax, assessment, sale or forfeiture.
Such payment,i f made by Grantee,shall become a lien on the Property of the same priority as the item
if not paid would have had and shall bear interest until paid by Grantor attwo (2)percentage points
over the prime rate of interest form time to firne charged.
28, Insurance. Grantor shall keep the Property insured by an insurance company rated "A -4.-
or
42or better by Best's for the full replacement value against loss from the perils commonly insured under
standard fire and extended coverage policies and comrehensive general liability insurance against
p I
claims for personal iiji ttry,death,and property damage of a type and in such amounts as would,in the
opinion of Grantee,normallybe carried on aproperty{such as the Property protected by apreservation
and conservation easement. Such insurance shall include Grantee's interest and,name Grantee as are
additional insured and shall provide for at least thirty(30)days'notice to Grantee before cancellation
Conservation Ea8enent,,,%Td 9
and that the act or omission of one insured will not invalidate the policy as to the other insured party,
Furthermore., Grantor shall deliver to Grantee fully executed copies of such insurance policies
evidencing the aforesaid insurance coverage at the coirimencernent of this grant and copies of new or
renewed policies at least ten (10) days prior to the expiration of such policy. Grantee shall have the
right to provide insurance at Grantor's cost and expense, should the Grantor fail to obtain same. In the
event Grantee obtains such insurance, the cost of such insurance shall be a lien on the Property until
repaid by Grantor.
29. Liens. Any, lien on the Property created pursuant to any section of this Easernent may be
confirmed byjudgtrent and foreclosed by Grantee in the same manner as a rnechanic's lien.
30. Evidence of Compliance. Upon request by Grantee, Grantor shall can promptly furnish
Grantee with evidence of Grantor's compliance with any obligation of Grantor contained herein.
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever.
IN WITNESS WHEREOF Grantor and Grantee have set their hands on the day and year
first above written.
GRANTOR GRANTEE
Th oiy' Viii Karl N. Haws, Mayor
Attest:
Genell Vines
Clerk
[Acknowledgments] [Acknowledgments)
1.'ca a 2-al I Ig Conservat ion Easernent.wpd 10
ALL-PUIRP SSE ACKNOWLEDGMENT
STATE. OF CALIFORNIA )
COUNTY OF SAN BEN RDINO } SS
CITY OF REDL NDS
By the authority granted under Chapter 4, Article 3, Section I181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government. Carle, on January 29;
2003, before sue, Beatrice Sanchez Deputy City Clerk, on behalf of Lorrie Poyzer, City"Clerk f
the City of Redlands, California, personally appeared. Karl N. Haws and Ldrrie P«yzer
I Xj personally known to tape •- or - I I proved to ane 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 authorizedcapacities and that by their signatures on the instrument
the persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
14�
v . r 1LOR IE POWER, CITY CLERK
r6-*'%
aAP
�
By
yf
w Beatrice Sanchez, Deputy City Cleric k"
�CA L I 909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing car onesell7hens elves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-tract
Principal( )
Trustee(s)
Trust:
x Other
Titles) lacer and City Clerk
Entity Represented: City of Redlands,, a municipal corporation
THIS CERTIFICATE MUST BE ATTAC14ED TO THE DOt"."L1 MENT DESCRIBED BELOW:
"Title or Type of Document: I3uildingy Conservation Easement (Barton flouse/Grove)
Date of D cumcnv December r , 2002
Siguerts) Other Than Nay ed Above- Theron L. Vines, Jr. and. Geneil Vines
CALIFORNIA ALL-PURPOSE,ACKNO LED6EXIENT
{
STATE OF CALIFORNIA )SS
COUNTY OF Sara 13 rnardino
E test January 28, 2003 before mc Lhe tindersign d ,Votary Public
]rcrTstsll wisp st cl Is 1tJr. drltit7 ]. Lr1S
C cssst"nt§iy ktt€ n at xnG Our pr vecl tsr ns nst S -lsass c t snttsta €nt4^cc ttlene, )icz he btu pet c next r lsns-ncsrta(s)is(ar snlgscstl ec#trs the within instrument
and icknowle doetl to me that he!she/they°executed the satire in his"ieritheir authorized c:apacin(ies)and that by Ins/her/theirsignature(s) on thy: inst usnent
die persons)or the einity upon behalf of Which the persorns)acted,executed the instrument.
WITNESS my,hand and official seal. t' I �, Y
_ Commission 0131'
r� Nisy Public-Callf6mia
Signature �_r San Bernardino County
r t ,1Z 201
This area for official notarial seal.
OF TIONAL SECTION
CAPACITY CLAMIE:D BY SIGNER
Tin augh statute tides not require the Notary to fill in the data below, doinso may prase invaluable to persons relying on the
document.
f X] INDIVIDUAL
CORPORATE OFFICEM) TITLE(S)
[ PARTNER(S) - l l LUNTITED ( l GENERAL
ATT RNlsY-lvTACT
GUARDIANICONSERVATOR
} CTIER t
SIGNER IS REPRESENTING:
TING:
f
{ Theron L. Vines, Jr.
C titsi:3 Vines
Name of Person or Flu ry Name of Person or Entity
]
OPTIONNL SECTION
E
�
Though the nate rctltes[ecl here 9s not rt: tcirecT by law, it cold prevent fY°attcllcnt reatlathn7em of thi4 ft�rrrl.
THIS CERTIFICATE ILST BE ATTACHED THE DOCUMENT DESCRIBED BELOW
TITLEC RTYPE OF DOCUMENT: "Frrrtting end conservation Ea ettxe "
NUMBER F SAGE ll DATE OF DOCUMENT
i, TlC)`�
E
City of Redlands
SIGNER(S) OTHER THAN NAMED ABOVE
4
Exhibit "I as
APNN 2912-172-0 - Citrus Grove
Those portions of lot or Block 8 of the BARTON RANCH, as per map recorded in Book 6, page 19
f Maps, records of San Bernardino County, C"aliiorn a, described as follows:
BEGINNING at the point of intersection of the center line of Barton Avenue and Nevada Street;
thence North '5 t last along the center line of Barton Av entre 'l 6 . 5 int to the Southwest corner
of the}property conveyed to the County of San Bernardino,by Deed recorded February 25, 1927, in
Book 201,page 165, Official Records;thence North 7' 25'West est along the West line of the property
conveyed to said County to a point 16feet South '25East of the Northwest est corner aid property;
thence along the South line of the property conveyed to Her n n Joling and Edith Joling husband and
wife,by Deed recorded December 6, 1946, in Book 1978, page?51,, Official Records, South 87' 59'
West 172.56 feet to a paint in the center line of Nevada Street as shown on Tract 216; thence
Southerly along the center line of Nevada Street to this point of beginning.
BaUton House Photos of the G
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Barton House Photos of the Grove
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