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HomeMy WebLinkAboutDeeds & Easements-21-2005E_CCv0001.pdf Recorded in Official Records, County of San Bernardino 8)18/2005 LARRY WALKER 12:8 PM SWr +� Auditor/Controller — Recorder R Regular Dail DOC#: 2005-0610993 Titles: 1 Pages: 17 Fees 0.02 RECORDING REQUESTED BY AND Taxes 0,00 Other 0.00 PAID 50.00 WHEN RECORDED,RETURN TO: CITY CLERK'S OFFICE CITY OF REDLANDS P O BOX 3005 REDLANDS CA 92373 (THIS SPACE FOR RECORDER'S USE ONLY) FEES NOT REQUIRED PER GOVERNMENT CODE FARMING AND CONSERVATION EASEMENT SECTION 6103 THIS FARMING AND CONSERVATION EASEMENT("Easement")is made this 19th day of July, 2005, by Theron L. Vines, Jr. and Geneil Vines,having an address at 114 West Vine Street, Redlands, CA 92373 ("Grantor"), in favor of the City of Redlands, a municipal corporation, having an address at P.O. Box 3005, Redlands, California ("Grantee") and relating to the protection and preservation of an orange grove located near the property commonly known as the `Barton House" in the City of Redlands,and replaces and supercedes the Farming and Conservation Easement entered into by Grantor and Grantee on December 2002 relating to the same subject matter. WITNESSETH: 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"1"attached hereto and incorporated herein by this reference(the "Property"); and WHEREAS, an agricultural grove is located upon the Property( the "Grove"); and WHEREAS,maintenance of the Grove on the Property is of great importance to Grantee, the citizens of Redlands and the public at large; and WHEREAS, photographs of the Grove dated November 20, 2002, 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 objective information baseline for monitoring compliance with 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 1:ca`dj iAliscT-anning Conservation Easearent.wpd 1 WHEREAS,Grantor intends, as owner of the Property, to convey to Grantee the right to take all reasonable and necessary actions, as described herein, to ensure the preservation and protection of 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 easement for the Grove, in perpetuity, of the nature, character and to the extent hereinafter set forth. 1. Purpose. It is the purpose of this Easement to ensure that the Grove will be retained forever as an orange grove in its condition existing on November 20,2002,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 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 Grove: (1) Grantor shall maintain the Grove as an orange grove substantially in its state as of November 20, 2002; and (2) Grantor shall not remove all or any portion of the Grove without the prior express written permission of Grantee. 3. Ri2hts and Obligations of Grantee. To accomplish the purpose of this Easement the following rights are conveyed to Grantee by this Easement: (a) To enforce Grantor's obligation to maintain the Grove as an orange grove(substantially in its state as of November 20, 2002, and in an aesthetically pleasing condition; (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 may be 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,at Grantee's sole cost, if Grantee falls to provide water to the Grove to maintain the Grove in a satisfactory condition. LL aidjmthfisc=Fa ming Consenation Easerwntwpd 2 4. Rights and Obligations of Grantor. (a) To farm the Grove and to retain all rights to the front produced by 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 in or permit or invite others to en-age in all uses of the 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 terms 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 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,fall 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, exparte as necessary, by temporary or permanent injunction, to recover any damages to which it may be entitled for violation of the terms of this 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 limiting Grantor's liability therefor, Grantee,in its sole discretion, may apply any damages 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 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 performance 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 terms 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 Easement or of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise 1:\ca\dpTi\N1isc\Farn1ing Conservanon Easement wpd 3 of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed - as a waiver. 9. Acts Beyond 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 injury to the Grove or surrounding property resulting from such causes. 10. Taxes. Grantor shall pay before delinquency all taxes, assessments, 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 Harmless.Grantor shall defend,indemnify and hold harmless Grantee and its elected officials, officers, employees and agents (collectively "Indemnified 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 damage to any property,resulting from any act,omission,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 Parties. 12. Extinguishment. If circumstances arise in the future that render the purpose 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 extinguishment, 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 terms 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 of the transfer of any interest at least twenty(20) 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 any way. 14. Notices. Any notice that either party desires or is required to give to the other shall be in Z-- writing and either served personally or sent by first class mail,postage prepaid,addressed as follows: 1Aca\djm\NMisA-'arming ConseRfation Easenienmpd 4 Grantor: Grantee: Theron L. Vines, Jr. and Genell Vines City Clerk 114 W. Vine Street City of Redlands Redlands, CA 92373 P. O. 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 San Bernardino County,California and may re-record it at any time as may be 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 Easement. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this 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 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 a written amendment 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 Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. (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 instrument as against any part C� v_ who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. D,-a\dpn\Misc\Farming Conservation Easeimnt.wpd 5 17. Casualty Damage or Destruction. In the event that the Grove or any part thereof shall be damaged or destroyed by casualty, Grantor shall notify Grantee in writing within one(1) day of the damage or destruction, such notification including what, if any, emergency work has already been completed. For purposes of this instrument,the term "casualty" is defined as such sudden damage or loss as would qualify for a 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 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 the 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 (18)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. 18. 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). 19. Review After Casualty Loss. If, in the opinion of Grantee, restoration/reconstruction 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 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: 1Aca\qjnAMiscT-awning Conservation Easetnent.wpd 6 (a) Grantee may, following reasonable written notice to Grantor, institute suit to enjoin Z-- such violation by ex parte, temporary, preliminary and/or permanent injunction, including prohibitory and/or mandatory injunctive relief,and to require the restoration 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. (i) Grantee shall exercise reasonable care in selecting independent contractors if it zn 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 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 limiting any other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time. 21. Notice of Proposed Sale.'Grantor shall promptly notify Grantee in writing of any proposed sale of the Property and provide the opportunity for Grantee to explain the terms of this Easement to potential new owners prior to sale closing. 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, 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 Property or any part thereof, including,by way of example and not limitation, a lease of office space, 1:',ca\dirr;VXfi,,c\FarnAn,-Conservation Easernent.wpd 7 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 Property which would have priority over any Z� of the rights, title or interest hereunder of Grantee. 25. Subordination of Mortgaes. 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 all mortgagees of the Property as of the date of this Easement. The following provisions apply to all mortgagees now existing or hereafter holding a mortgage on the Property: (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 any 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 off and discharged,notwithstanding that the mortgage is subordinate in priority to this Easement. (b) If a mortgagee has received an assignment of the leases, rents and profits of the Property 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 same in preference to Grantee until said mortgagee's debt 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 following 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 mortcaoees shall have sixty(60)days thereafter to cure or cause a cure of the default. Z� lb (e)Nothing contained in the above paragraphs or in this Easement shall be construed to give any mortgagee the right to extinguish this Easement by taking title to the Property by foreclosure or otherwise. 26. 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 Lkca\d,Pnk%1is,AFarrning Conservation Lasernent.wpd 8 of or in any way relating to the administration, performed 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 amount 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 other charges which may become 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 payment relating to taxes, assessments, water rates, sewer rentals, and other governmental or municipality charge, fine, imposition, or lien asserted against the premises and may 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,if 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 at two (2) percentage points over the prime rate of interest from time to time charged. 28. 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 injury,death,and property damage of a type and in such amounts as would, in the opinion of Grantee,normally be carried on a property such as the Property protected by a preservation and conservation easement. 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 party. Furthermore, Grantor shall deliver to Grantee fully executed copies of such insurance policies evidencing 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 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 Easement may be confirmed by judgment and foreclosed by Grantee in the same manner as a mechanic'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. IAca\djm\Mi,scTarm'ng Conservation Easenient.wpd 9 IN WITNESS WHEREOF Grantor and Grantee have set their hands on the day and year first above written. GRANTOR � GRANTEE Theron�'L,j Vines,Jr. usan eppler, Mayor tom- / Attest. 'mow" veil Vin s City/clerk [Attach Notary Acknowledgement] Lica`,djm tvtiscfarming Conservation Easement.wpd 10 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF REDLANDS 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 Government Code, on July 19, 2005, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Susan Peppler and Lorrie Poyzer f Xj personally known to me - or - f I proved to me on the basis of satisfactory evidence to be the persons whose names) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. 0' LORRIE POYZER, CITY CLERK AXb 1� By: % CALIf Beatrice Sanchez, Deputy City Clerk (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneselVthemselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust x Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, a municipal corporation THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Fanning and Conservation Easement Date of Document: July 19, 2005 Signer(s) Other Than Named Above: Theron L. Vines, Jr. and Gencil Vines 1. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Na.5907 State of Countyof (Dn / .- before me, _ " , ATE NAME,TITLE OF OFFICER E.G.."JANE DOE,NO ARY PUBLIC` personally appeared _ � � , NAME(S)OF SIGNER(S) personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4-s/are subscribed to the within instrument and ac- knowledged to me that lie/sbe/they executed the same in / /their authorized capaeity(ies), and that by h4-sl /their 1461234 signature(s) on the instrument the person(s), SM ' or the entity upon behalf of which the 6.2M person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATLIFIZE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT F] INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED El GENERAL C� ATTORNEY-IN-FACTNUMBER OF PAGES ❑ TRUSTEE(S) El GUARDIAN/CONSERVATOR 0 OTHER; DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS}OR ENT(TY(IES) ------ __.___ SIGNER(S)OTHER:THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 CERTIFICATE OF ACCEPTANCE This is to certify that the Farming and Conservation Easement conveyed to the City of Redlands from Theron L. Vines, Jr. and Geneil Vines, dated July 19, 2005, is hereby accepted and the Grantee consents to recordation thereof by its duly authorized officer. Date: August 15, 2005 JoVvidson/City Manager Exhibit "I" APN 292-172-03 - Citrus Grove Those portions of lot or Block 8 of the BARTON RANCH, as per map recorded in Book 6, page 19 of Maps, records of San Bernardino County, California, described as follows: BEGINNING at the point of intersection of the center line of Barton Avenue and Nevada Street; thence North 89'53'East along the center line of Barton Avenue 168.65 feet 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 along the West line of the property conveyed to said County to a point 16 feet South 7'25'East of the Northwest comer of said property, thence along the South line of the property conveyed to Herman Joling and Edith Joling,husband and wife,by Deed recorded December 6, 1946, in Book 1978, page 251, Official Records, South 87' 59' West 172.56 feet to a point in the center line of Nevada Street as shown on Tract 2216; thence Southerly along the center line of Nevada Street to the point of beginning. L1ca\djnAN1isc'Tarn:ang Conservation Easerncnt.wpd .• _ i • s. moi,�•.�'.•.�_x. •'* -��F. 'i'. - ��ri �•• 'lam } Barton House Photos of the Grave 75 Trees 4 - , A ' � r ib,f ;-- �aleaD43 the Grove BartonHouse of r' •� i •�•14�� J i CJI.e� t par