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Home My WebLink AboutDeeds & Easements-9-2004E_CCv0001.pdf Recorded in Official Records, County of San Bernardino 5/04/2004 RECORDING REQUESTED BY .o j ' LARRY WALKER 3:24 PM Auditor/Controller — Recorder MP Municipal Utilities Department R Regular Mail AND WHEN RECORDED Dock 2004-0311062 Titles: 1 Pages: 9 Fees 0.00 RETURN TO: Taxes 0.00 Other 0.00 PAID $0.00 City Clerk's Office City of Redlands Post Office Box 3005 Redlands, California 92373 Fees Not Required Per Government Code Section 6103 CORPORATION GRANT OF EASEMENT Recording Requested by Mtmicipal (Allities Department WHEN RECORDED RETURN TO: CITY CLERK'S OFFICE CITY OF REDLANDS P,O, BOX 3005 REDLANDS.CA 92317 73) CORPORATION GRANT OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware Statutory trust, whose address is 702 S. W. 8 ' Street, with offices at 2001 S. E. 10th Street, Bentonville, Arkansas 72716-0550, c/o#44-9384 Realty Management("Grantor"), does hereby grant to the City of Redlands, a Municipal Corporation, whose address is P. O. Box 3005, Redlands, California 92373 ("Grantee"), duly organized in accordance with laws of the State of California, described as follows: WHEREAS, Grantor hereby vacates a waterline easement on a parcel of land situated in the City of Redlands, County of San Bernardino. State of California, as described in Exhibit A, and shown on Exhibit B attached hereto and made a part hereof("Grantor Tract"), and WHEREAS, Grantee has requested from Grantor and Grantor is desirous of granting to Grantee, a nonexclusive easement for the extension of waterline utilities, as described in Exhibit C, and shown on Exhibit 1) attached hereto and made a part hereof("Waterline Easement"), and as depicted on the site plan attached hereto and marked Exhibit E. and WHEREAS, Grantor does hereby grant to Grantee a nonexclusive easement for waterline utility extensions over, across and under those identifited portions of Grantor Tract, subject to the following terms and conditions to which the parties hereto do hereby agree: The permanent non-exclusive easement and right-of-way, to construct,maintain,operate, replace and renew water pipelines and appurtenant structures in, upon, over and across said easement or any part thereof, and ingress and egress over the described real property in the County of San Bernardino, State of California, is subject to the following: 1) "Grantee will use its best efforts to keep to a minimum any disruption to the on-going business operations of Grantor while Grantee exercises its rights pursuant to this easement." 2) "Grantee,upon the initial installation, and upon each and every occasion that the water line is repaired,renewed, added or removed, Grantee shall restore to its pre-excavation condition the easement premises of the Grantor." "Any ingress or egress from or to Grantor's property shall be from drives then existing on Grantor's property." C'DOCUMentS and Settings\phether\Local Settings\Temporary Internet Files\OLKWCORPORATION GRAIN'T OF EASEMENT-04- 21-03—doc r '�,L4 Dated: Wal-Mart Real Estate usinessTr-U-s-f- M Approve as to le al terms only b M Y Z !r WAL-MART LEGAL SEE ATTACHED NOTARY ACKNOWLEDGEMENT D T. Date: CERTIFICATE OF ACCEPTANCE: This is to certify that the interest in real property conveyed to The City of Redlands dated PAIAIA Z13 acz� -from Wal-Mart Stores, Inc. a Delaware Corporation to the City of Redlands, a governmental agency, is hereby accepted and the Grantee consents to recordation thereof by its duly authorized officer. Date: J -,31- OY ity Manager City of Redlands C:\TEWCORPORATION GRANT OF EASE MENT-04-21-03.doc CORPORATE ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF BENTON OnthisjN�,—Idayof 200:1 before me,the undersigned notary public in and for said County and State,personally app6red before me Robert L. Rickard to me personally known,who, being by me duly sworn, did say that he is Senior Realty Manager of WAL-MART STORES, INC., a Delaware corporation,and that the seal affixed to the foregoing instrument is the seal of said trust,and that said instrument was signed and sealed in behalf of said trust by authority of its Board of Directors, and said Senior Realty Manager acknowledged said instrument to be the free act and deed of said trust. V-Z-, –P WITNESS BY HAND and notarial seal subscribed and affixed in said County and State the OUL day of 200-&. '1 Noia6'Public My Commission Expires: AMBER MURPHY ;% into, County Mon-mmon Expires fty 23,2 Nj 1 ACKNOWLEDGMENT STATE OF ss. COUNTY OF On this day of 200_before me,the undersigned notary public in and for said County and State, personally appeared before me to me personally known, who, being by me duly sworn,did say that he is of I a , and that the seal affixed to the foregoing instrument is the seal of said and that said instrument was signed and sealed in behalf of said by authority of its Board of Directors, and said acknowledged said instrument to be the free act and deed of said WITNESS BY HAND and notarial seal subscribed and affixed in said County and State the day of .200—. Notary Public My Commission Expires: Q:',Reatty Mgmf-,Rea1q,Mgt-klastemTotan Page.doe 05/28/03 WATER LINE EASEMENT VACATION CITY OF REDLANDS EXHIBIT"A" LEGAL DESCRIPTION THAT PORTION OF THAT CERTAIN EASEMENT DESCRIBED IN A DOCUMENT RECORDED FEBRUARY 3, 1992 AS INSTRUMENT NO. 92-039262 OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, LYING WITHIN PARCEL 4 OF PARCEL MAP NO. 13542, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 152 OF PARCEL MAPS, PAGES 48 AND 49, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE NORTHERLY LINE OF SAID EASEMENT, SHOWN WITH A BEARING AND DISTANCE OF NORTH 89034'16" EAST 268.81 FEET ON SAID DOCUMENT; THENCE ALONG THE NORTHERLY, WESTERLY, EASTERLY AND SOUTHERLY SIDELINES OF SAID EASEMENT THE FOLLOWING COURSES: NORTH 67'04'16" EAST 67.50 FEET; THENCE NORTH 89034'16" EAST 216.75 FEET; THENCE NORTH 00°2544" WEST 32.00 FEET; THENCE NORTH 89'34'16" EAST 15.00 FEET; THENCE SOUTH 00°25'44" EAST 32.00 FEET; THENCE NORTH 89'34'16" EAST 5.90 FEET; THENCE SOUTH 00°2442" EAST 10.00 FEET; THENCE SOUTH 89'34'16" WEST 174.00 FEET; THENCE SOUTH 00025'44" EAST 10.50 FEET; THENCE SOUTH 89°34'16" WEST 10.00 FEET; THENCE NORTH 00°25'44" WEST 10.50 FEET; THENCE SOUTH 89'34'16" WEST 51.66 FEET; THENCE SOUTH 67004'16" WEST 67.50 FEET; THENCE LEAVING SAID SOUTHERLY SIDELINE, NORTH 11°40'02"EAST 10.20 FEET TO THE POINT OF BEGINNING. EXHIBIT"B"ATTACHED HEREWITH IS MADE PART OF THIS DESCRIPTION. PREPARED UNDER MY SUPERVISION: �-- v 2 b Ma 7848 MICHAEL AVARR , P.L.S. 7848 D TE LICENSE EXPIRES 12/31/06 S:Tngineering Archives\99-239_Archive2l-2\Eroneering\99-239-01\MAPPING\QUITCLAL\4 EW9923901-V.doc WATER LINE EASEMENT CITY OF REDLANDS EXHIBIT"C" LEGAL DESCRIPTION BEING A PORTION OF PARCEL 4 OF PARCEL MAP NO. 13542, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 152 OF PARCEL MAPS, PAGES 48 AND 49, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS A STRIP OF LAND 20.00 FEET IN WIDTH,THE CENTERLINE OF WHICH IS DESCIRBED AS FOLLOWS: BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS NORTH 89034'16" EAST 268.81 FEET IN THE NORTHERLY LINE OF THAT CERTAIN EASEMENT DESCRIBED IN A DOCUMENT RECORDED FEBRUARY 3, 1992 AS INSTRUMENT NO. 92-039262 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 11°40'02" EAST 5.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 79°41'01" EAST 120.24 FEET; THENCE EAST 4.94 FEET TO A POINT HEREINAFTER DESCRIBED AS POINT "A"; THENCE CONTINUING EAST 176.94 FEET TO THE EASTERLY LINE OF SAID PARCEL 4 AND THE WESTERLY LINE OF NEW JERSEY STREET, 64.00 FEET WIDE, AS SHOWN ON SAID PARCEL MAP. THE SIDELINES OF ABOVE DESCRIBED EASEMENT ARE TO BE ELONGATED OR SHORTENED SO AS TO TERMINATE WESTERLY AT A LINE WHICH PASSES THROUGH THE ABOVE DESCRIBED TRUE POINT OF BEGINNING AND WHICH BEARS NORTH II°40'02" WEST, AND SO AS TO TERMINATE EASTERLY AT SAID EASTERLY LINE OF SAID PARCEL 4. TOGETHER WITH AN EASEMENT 10.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT HEREINBEFORE DESCRIBED POINT "A'; THENCE SOUTH 15.00 FEET. EXHIBIT"B"ATTACHED HEREWITH IS MADE PART OF THIS DESCRIPTION. PREPARED UNDER MY SUPERVISION: v N4 Na.7848 MICHAEL AV O, P.L.S. 7848 D&E LICENSE EXPIRES 12/31/06 ` S:AEngineering Archives\99-23�LArchive2l-2\Engineering\99-239-01\MAPPING\EW9923901.doc EXHIBIT "D11 SHEE T 1 OF 1 -C 0 EXISTING 10' WATER EASEMENT PER Uj '0 C-4 INSTRUMENT NO. 92-039262 O.R_ *- -M '-1- TO REMAIN 00- SCALE: 1"=60' ,6 C'4 0)CN co 0') (x Uj 4�1 SEE DETAIL "A" 20' WIDE WATER EASEMENT ob SEE DETAIL "B" b 9 L 0 to V) N90700'00"E 4.94 0 00 '-q- 00 EXISTING 10* WATER EASEMENT PER POINT "A" O� 1 0-0 INSTRUMENT NO. 92-039262 O.R., (0 W Uj 0 1 Uj 0 0 C) 20' 0 0 b 0 0) z b z 0) z L--- DETAIL *a 1"=30' K'>< C14 C14 ————— — — — — — — — — — — — —— AEW JERSEY SFIMEEr 1ITLE: T�P.O.B. P.O.G. WATER LINE EASEMENT Nl 1*40'02"W P*O 8 I N 11*1- NEW WATER 5.10* EASEMENT EXISTING 10' WATER ME Mir fM & Foreman Inc. EASEMENT PER INSTRUMENT NO. NO PI A Civil Engineering - Planning - Surveying - Public Works 92-039262 O.R., 1152 North Mountain Avenue, Suite 100 Upland, CA 91786 909/982-7777 DMIL 1"=30' JOB NO. 99-2-%3x0%7 DATEOF PREPARATION: 8712/02 Re,�d 1/27/04 U:\99-239\E49iwi�9\99-2.19-01\Mppinq\CW992MI.d.9 -lEBta�tirraev� •eai.noossv�s a�ir�i.na -� .�aa®a J 1E 'Duj umudd(il v PH i _ r _ - 13l211S,�3Sa3." a tt T � � _ F a - w " RECORDING REQUESTED BY AND WHEN RECt7RDED BUIL THIS DEED TO: WAL-MART REAL ESTATE BUSINESS TRUST ATTN: ROMONA WEST,DEPT.93185 SAM WALTON DEVELOPMENT COMPLEX - 2001 S.E. 10th Street Bentonville,AR 72716-0550 Title Order No. Escrow No. i ~' SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEET} THE UNDERSIGNED GRANTOR DECLARES DOCUMENTARY TRANSFER TAY IS S None R&T§11923(d)—The grantors and the grantees in this conveyance are comprised of the same parties who continue to hold the same proportionate interest in the property. ❑ unincorporated area ❑ Redlands Store#1693 Parcel#0292-464-24-0-000 ❑ computed on full value of property conveyed,or ❑ computed on full value less value of liens or encumbrances remaining at time of sale,and FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, Wal-Mart Stores,Inc.,a Delaware corporation, hereby GRANTS,as of October 31, 1996,to Wal-Mart Real Estate Business Trust,a Delaware statutory trust, the described real property attached hereto as Exhibit A and incorporated herein, in the county of San Bernardino, State of California,subject to such easements,covenants,conditions,and restrictions as exist of record. SEE EXHIBIT A This deed is recorded to implement the provisions of that certain unrecorded d etween the parties hereto, dated October 31, 1996,as to the real property described above. Dated: 'Mc *Director.WWal-Irt S, C. STATE OF ARKANSAS } COUNTY OF BENTON } § Realty On 0 ,before me, a Notary Public in and for said county and state, personafly ap eared: 1_ TRIECE EVATKINS ,Directcar,Wal-Mart Realty,of Wal-Mart Stores,Inc., AMBER MURPHY _, ,�= who is personalty known to me(or proved to me on the basis of satisfactory -.- : � Benton County evidence)to be the person whose name is subscribed to the within instrument, ,k ,-` Mi'Commission Expires and acknowledged to me that she executed the same in her authorized capacity, Map 3,2011 and that by her signature on the instrument, the person or the entity upon behalf of which the person acted,executed the instrument. WITNESS m banI Signature :n (This area for official notarial seal) MAIL TAX STATEMENTS TO: Wal-Mart Real Estate Business Trust,Property Tax Dept. 80I3,702 S.W.8th Street,Bentonville,AR 72716-8013. RE: Store# 1693