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Home My WebLink AboutDeeds & Easements-31-2015E_CCv0001.pdf d Recording Requested By FirstAmericanCOa Mer Company Electronically Recorded in Official Records,County of San Bernardino 1 211 61201 5 National Commercial Services 04.27 Pan BOB DUTTON SG y ASSESSOR-RECORDER-CLERK RECORDING REQUESTED BY AND 468 First American Title Ontario WHEN RECORDED, MAIL TO: Redlands City Manager Doc#: 20150549553 Titles: 1 Pages: 11 Post Office Box 3005 Fees .00 Redlands, California 92373 Taxes .00 Other AD MAIL TAX STATEMENTS TO: PAID .oa Redlands City Manager Post Office Box 3005 Redlands, California 92373 THIS SPACE FOR RECORDER'S USE ONLY Y1CS--7 4KOS-t-N-0"-'- l APN 0301-191-19-0000 $-0- Documentary Transfer Tax Due Property situate in the City of Redlands, County of San Bernardino, State of California. This conveyance is a charitable gift. Grantors have received nothing in return. R&T Code 11922 & 11930 GIFT DEED As a charitable gift, with no consideration therefor, LARRY JACINTO, AS TRUSTEE OF THE LARRY JACINTO LIVING TRUST (UDT dated 10/4/2001), and PROPERTY ONE, LLC, a California limited liability company, (both collectively, the "GRANTORS"), hereby convey and assign,without warranty, to the CITY OF REDLANDS, a municipal corporation, (the"GRANTEE"), all of GRANTORS' right, title, and interest in and to that certain real property in the City of Redlands, County of San Bernardino, State of California (the "Property") described on the attached and incorporated Exhibit B. The RESTRICTIONS AND REVERSIONARY INTERESTS set forth in Exhibit A shall run with the Property in perpetuity. THE PROPERTY IS CONVEYED TO GRANTEE SUBJECT TO: (a) The RESTRICTIONS AND REVERSIONARY INTERESTS set forth in the attached and incorporated Exhibit A; (b) All liens, encumbrances, easements, covenants, conditions and restrictions, and other matters of record, all of which matters are specifically incorporated herein by this reference; MAIL TAX STATEMENTS AS DIRECTED ABOVE GIFT DEED APN 0301-191-19-0000 Page 1 Recording requested By First American Title Company National Commercial Services RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: Redlands City Manager Post Office Box 3005 Redlands, California 92373 MAIL TAX STATEMENTS TO: Redlands City Manager Post Office Box 3005 Redlands, California 92373 THIS SPACE FOR RECORDER'S USE ONLY RCS--7 4k S`7-N—OVT'r I APN 0301-191-19-0000 $-0- Documentary Transfer Tax Due Property situate in the City of Redlands, County of San Bernardino, State of California. This conveyance is a charitable gift. Grantors have received nothing in return. R&T Code 11.922 & 11930 GIFT DEED As a charitable gift, with no consideration therefor, LARRY JACINTO, AS TRUSTEE OF THE LARRY JACINTO LIVING TRUST (UDT dated 10/4/2001), and PROPERTY ONE, LLC, a California limited liability company, (both collectively, the "GRANTORS"), hereby convey and assign, without warranty, to the CITY OF REDLANDS, a municipal corporation, (the "GRANTEE"), all of GRANTORS' right, title, and interest in and to that certain real property in the City of Redlands, County of San Bernardino, State of California (the "Property") described on the attached and incorporated Exhibit B. The RESTRICTIONS AND REVERSIONARY INTERESTS set forth in Exhibit A shall run with the Property in perpetuity. THE PROPERTY IS CONVEYED TO GRANTEE SUBJECT TO: (a) The RESTRICTIONS AND REVERSIONARY INTERESTS set forth in the attached and incorporated Exhibit A; (b) All liens, encumbrances, easements, covenants, conditions and restrictions, and other matters of record, all of which matters are specifically incorporated herein by this reference; MAILTAX STATEMENTS AS DIRECTED ABOVE GIFT DEED APN 0301-191-19-0000 Page 1 (c) All matters which would be revealed or disclosed in an accurate survey of the Property; (d) All matters which would be revealed or disclosed by a physical inspection of the Property; (e) A lien not yet delinquent for taxes for real property and personal property, and all general or special assessments against the Property; (f) All building or zoning ordinances or regulations, building or use restrictions, and all other laws, ordinances, and governmental regulations restricting or regulating the use, occupancy, or enjoyment of the Property; and (g) All liens and encumbrances not of record created by Grantee or resulting from Grantee's actions on the Property. Dated: (/<� ori�� , 2015 By Larry Jacinto Trustee of he Larry Jacinto Living Trust UDT dated 10/4/2001 PROPERTY ONE, LLC A California limited liability company By its Manager JUDSON & BROWN LLC A Nevada limited liability company Dated: , 2015 By COUNTERPART Donald J. Berry, Jr., Manager GIFT DEED APN 0301-191-19-0000 Page 2 (c) All matters which would be revealed or disclosed in an accurate survey of the Property; (d) All matters which would be revealed or disclosed by a physical inspection of the Property; (e) A lien not yet delinquent for taxes for real property and personal property, and all general or special assessments against the Property; (f) All building or zoning ordinances or regulations, building or use restrictions, and all other laws, ordinances, and governmental regulations restricting or regulating the use, occupancy, or enjoyment of the Property; and (g) All liens and encumbrances not of record created by Grantee or resulting from Grantee's actions on the Property. Dated: December , 2015 By COUNTERPART Larry Jacinto Trustee of the Larry Jacinto Living Trust UDT dated 10/4/2001 PROPERTY ONE, LLC A California limited liability company By its Manager JUDSON & BROWN LLC A Nevada limited liability company Dated: December, 2015 By -- �t,at�Vlanager -- Donald 1. Berr GIFT DEED APN 0301-191-19-0000 Page 2 CERTIFICATE OF ACCEPTANCE AND ACKNOWLEDGMENT This is to certify that the interest in real property conveyed by the above Gift Deed from LARRY JACINTO, AS TRUSTEE OF THE LARRY JACINTO LIVING TRUST, and PROPERTY ONE, LLC, a California limited liability company, as GRANTORS, to the CITY OF REDLANDS, a municipal corporation, as GRANTEE, has been accepted by order of the REDLANDS CITY COUNCIL, and the GRANTEE consents to recordation thereof by its duly authorized officer and agrees to be bound by the RESTRICTIONS AND REVERSIONARY INTERESTS set forth in Exhibit A to the Gift Deed. Dated: Iliq , 2015 A. Enriqup;dartine� City Manager GIFT DEED APN 0301-191-19-0000 Page 3 A. notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN BERNARDINO ) On __ December 9—, 2015 , before me, Robin Pain a Notary Public, personally appeared, Larry Jacinto , who proved to me on the basis of satisfactory evidence to be the person;4 whose nameX isj,-W5 subscribed to the within instrument and acknowledged to me that hem/><executed the same in hisffr/ eif' authorized capacity, and that by hist; cir signatureXan the instrument the personx- or the entity upon behalf of which the personxacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) /�� _ ROBIN PAIN Notary Public Commission No. 2046283 NOTARY PUBLIC-CALIFORNIA SAN BERNARDINO COUNTY My Comm.Expires OCTOBER 21,2077 GIFT DEED APN 0301-191-19-0000 Page 4 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) SS. COUNTY OF SAN BERNARDINO ) On December 2015, before me, r64Mi • a,"V4.ra 7 Notary Public, personally appeared Donald J. Berry, Jr., who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) VERONICA BURGESS •; Commission# 1994360 Notary Public-California z San Bernardino County Notary Public My Comm.Expires Nov 15,2016 GIFT DEED APN 0301-191-19-0000 Page 5 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN BERNARDINO ) On '7_, 20(`J , before me,'+Q-414�- a Notary Public, personally appeared N.6IJ11,4jjf—WAMdqroved to me on the basis of satisfactory evidence to be the person(s) w ose name(s) is/aLe-subscribed to the within instrument and acknowledged to me that he/sly hle� executed the same in his/aef/tJ�eif authorized capacity(jas�, and that by his/�th.eir signature(RI6n the instrument the persorl.¢S), or the entity upon behalf of which the personf4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. HEATHER ANN wGINNIS (Seal) Commission#2087103 Z Notary Public•California Zg San Bernardino County - Notary Public MV Comm,19m Oct 23 2018 GIFT DEED APN 0301-191-19-0000 Page 6 EXHIBIT A RESTRICTIONS AND REVERSIONARY INTERESTS GRANTEE, and its successors in interest, shall, at all times, make use of and maintain the Property as open space reserve, green belt, native habitat, developed or undeveloped park land, or any combination of the foregoing, for the benefit of the citizens of Redlands and the surrounding communities (collectively the "Permitted Uses"). If at any time the GRANTEE shall fail or cease for any reason to make use of the Property for a Permitted Use or Uses for a period of sixty (60) days or longer, the fee simple title to the Property shall automatically revert to the Remainder Beneficiary as provided below. The occurrence of any such event shall constitute a "Reversion"for the purposes of this instrument. A Reversion shall also be deemed to occur automatically if the GRANTEE shall, at any time, mortgage the Property or pledge or create a security interest in the Property for any purpose or allow or cause any lien or judgment of any kind to be levied against the Property. Upon the occurrence of any Reversion, and with or without notice thereof, the fee simple title of the Property shall automatically revert to the Remainder Beneficiary to be utilized for the Permitted Uses identified hereinabove. The Remainder Beneficiary shall be such tax-exempt, non-profit public or private benefit foundation or charitable trust as shall have been created by Jack Dangermond and Laura Dangermond, or the survivor of them, or by their respective estates or by any trust established by them or either of them (referred to herein as a "Foundation"). Alternatively, if no such Foundation is in existence at the time that a Reversion occurs, then the Remainder Beneficiary shall be such other tax-exempt, non-profit public or private benefit entity or entities as Jack Dangermond and Laura Dangermond, or the survivor of them, shall appoint to utilize the Property for the Permitted Uses. In the further event that Jack Dangermond and Laura Dangermond should for any reason fail or decline to establish or appoint a successor entity as the Remainder Beneficiary, then the Attorney General of the State of California shall have authority to appoint one or more tax-exempt, non-profit public or private benefit entities as Remainder Beneficiary/Beneficiaries to utilize the Property for the Permitted Purposes. These RESTRICTIONS AND REVERSIONARY INTERESTS shall run with the Property in perpetuity. GIFT DEED APN 0301-191-19-0000 Exhibit A EXHIBIT B LEGAL DESCRIPTION OF PROPERTY PARCEL 1: BEING THAT PORTION OF LOTS 5 AND 6 OF BLOCK 79 OF RANCHO SAN BERNARDINO, AS PER PLAT ON FILE IN BOOK 7, PAGE 2 OF MAPS, RECORDS OF SAID COUNTY AND STATE, LYING SOUTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE WEST LINE OF SAID LOT 6, BLOCK 79 WHICH IS ALSO THE SOUTHWEST CORNER OF BLOCK 161 OF SUBDIVISION NO. 4 OF PART OF DUNLAP RANCH, AS PER PIAT ON FILE IN BOOK 21, PAGE 1 OF MAPS, RECORDS OF SAID COUNTY AND STATE; THENCE EAST, ALONG THE SOUTH LINE OF SAID BLOCK 161,A DISTANCE OF 977.80 FEET,TO A POINT BEING 21.00 FEET WEST OF THE SOUTHEAST CORNER OF SAID BLOCK 161; THENCE SOUTH 050 20' 15" EAST,A DISTANCE OF 361.94 FEET; THENCE SOUTH 570 50'45" EAST,A DISTANCE OF 356.12 FEET; THENCE SOUTH 270 51' 13" EAST,A DISTANCE OF 629.25 FEET; THENCE SOUTH 030 08' 00" EAST,A DISTANCE OF 686.00 FEET; THENCE SOUTH 380 0600" EAST,A DISTANCE OF 666.33 FEET; THENCE SOUTH 440 14' 00"WEST, A DISTANCE OF 482.56 FEET,TO A POINT HEREINAFTER KNOWN AS POINT "All; THENCE SOUTH 830 23'00"WEST,A DISTANCE OF 168.55 FEET; THENCE SOUTH 140 00'45" EAST,A DISTANCE OF 115.65 FEET; THENCE NORTH 830 16' 00" EAST, A DISTANCE OF 337.84 FEET; THENCE NORTH 630 06' 00" EAST, A DISTANCE OF 335.02 FEET; THENCE SOUTH 770 18' 45" EAST (RECORDED SOUTH 870 18' 45" EAST BY DEED RECORDED JANUARY 28, 1955 IN BOOK 3556 OF OFFICIAL RECORDS, PAGE 295), A DISTANCE OF 82.57 FEET, TO A POINT IN THE CENTERLINE OF LIVE OAK CANYON ROAD, AS SAID LINE WAS DETERMINED AND ESTABLISHED BY THE SAN BERNARDINO COUNTY SURVEYOR IN JULY 1950, SAID POINT BEING LOCATED, SOUTH 12° 41' 15" WEST (COUNTY RECORDS INDICATE: SOUTH 120 43' 00" WEST)A DISTANCE OF 87.22 FEET FROM AN ANGLE POINT IN SAID CENTERLINE AS SO ESTABLISHED AND SAID POINT ALSO BEING LOCATED NORTH 470 20' WEST, A DISTANCE OF 34.64 FEET FROM THE NORTHWEST CORNER OF THE PROPERTY CONVEYED TO MARSHALL G. RICHARDSON BY DEED RECORDED JANUARY 25, 1954,IN BOOK 3316, PAGE 18 OF OFFICIAL RECORDS. EXCEPT THEREFROM ANY PORTION LYING SOUTHERLY Or THE FOLLOWING DESCRIBED LINE; BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 5, BLOCK 79, NORTH 00° 59- 36'. EAST, A DISTANCE OF 918.87 FEET ALONG SAID WEST LINE FROM THE INTERSECTION OF THE CENTERLINE OF LIVE OAK CANYON ROAD; THENCE NORTH 830 57' 43" EAST,A DISTANCE OF 1556.55 FEET; THENCE SOUTH 500 30' 59" EAST,A DISTANCE OF 281.09 FEET,TO THE AFOREMENTIONED POINT"A", WHICH IS AN ANGLE POINT IN THE EAST LINE OF THE PROPERTY CONVEYED TO LLOYD E. MC LAUGHLIN BY DEED RECORDED JANUARY 28, 1955 IN BOOK 3556, PAGE 295 OF OFFICIAL RECORDS OF SAID COUNTY AND STATE. PARCEL 2: THAT PORTION OF BLOCK 161 OF SUBDIVISION NO. 4 OF A PART OF THE DUNLAP RANCH, AS PER PLAT ON FILE IN BOOK 21, PAGE 1 OF MAPS, RECORDS OF SAID COUNTY AND STATE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: GIFT DEED APN 0301-191-019-0000 EXHIBIT B—Page 1 B ' u BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 161; THENCE EAST, ALONG THE SOUTH LINE OF SAID BLOCK 161, A DISTANCE OF 998.80 FEET, TO THE SOUTHEAST CORNER OF SAID BLOCK 161; THENCE NORTH 240 51' 00" WEST, ALONG THE EASTERLY BOUNDARY OF SAID BLOCK 161, A DISTANCE OF 53.60 FEET; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY, NORTH 34° 20' 00" WEST, A DISTANCE OF 12.77 FEET,TO A POINT IN THE SIDELINE OF HIGHVIEW DRIVE AS SHOWN ON SAID MAP, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 62.40 FEET AND AN INITIAL RADIAL BEARING OF SOUTH 03°03' 10" EAST, THENCE WESTERLY AND NORTHERLY ALONG SAID CURVE,AND SAID SIDE LINE,THROUGH A CENTRAL ANGLE OF 580 43' 10", AN ARC LENGTH OF 63.95 FEET, TO A TANGENT LINE, SAID TANGENT LINE ALSO BEING ON THE SIDELINE OF SAID HIGHVIEW DRIVE; THENCE NORTH 340 20' 00" WEST, ALONG SAID SIDELINE, A DISTANCE OF 24.77 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 900 00' 00" AN ARC DISTANCE OF 31.42 FEET,TO A TANGENT LINE; THENCE SOUTH 550 40'00"WEST,A DISTANCE OF 48.36 FEET; THENCE NORTH 600 44' 16" WEST,A DISTANCE OF 414.65 FEET; THENCE SOUTH 890 36' 02" WEST, {RECORDED AS WEST ON DEED RECORDED SEPTEMBER 24, 2009 AS DOCUMENT NO. 2009-0417126 O.R.} A DISTANCE OF 129.27 FEET, TO A POINT THAT IS NORTH 890 36' 02-- EAST, 2"EAST,A DISTANCE OF 8.81 FEET FROM THE SOUTHEAST CORNER OF THAT PARCEL DEEDED TO THE WESTERN HEIGHTS WATER COMPANY ON NOVEMBER 5, 1925 IN BOOK 26, PAGE 375 OF OFFICIAL RECORDS OF SAID COUNTY AND STATE; THENCE SOUTH 220 59' 20" WEST, A DISTANCE OF 69.77 FEET; THENCE NORTH 320 42'00" WEST, A DISTANCE OF 90.61 FEET,TO THE SOUTHERLY LINE OF LAND CONVEYED TO THE WESTERN HEIGHTS WATER COMPANY ON NOVEMBER 5, 1925 IN BOOK 26, PAGE 375 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 790 50' 00" WEST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 53.30 FEET; THENCE SOUTH 450 14' 00" WEST,A DISTANCE OF 25.23 FEET; THENCE NORTH 840 46' 27" WEST, A DISTANCE OF 42.77 FEET; THENCE NORTH 010 14' 12" WEST, A DISTANCE OF 100.81 FEET; THENCE NORTH 850 24' 44" WEST, A DISTANCE OF 169.88 FEET, TO A POINT IN THE WEST LINE OF SAID BLOCK 161, SAID POINT BEING THE NORTHWEST CORNER OF LAND CONVEYED TO LARRY JACINTO,TRUSTEE OF THE LARRY JACINTO LIVING TRUST AND DESCRIBED ON DEED RECORDED SEPTEMBER 24, 2009 AS DOCUMENT NO. 2009-0417126 O.R.; THENCE SOUTH 000 31' 06" WEST, ALONG THE WEST LINE OF SAID BLOCK 161, A DISTANCE OF 375.41 FEET, TO THE POINT OF BEGINNING. PARCEL 3: AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER AND ACROSS THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF LOT 5, BLOCK 79, RANCHO SAN BERNARDINO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7, PAGE 2 OF MAPS, RECORDS OF SAID COUNTY AND STATE, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF LIVE OAK CANYON ROAD AND THE WEST LINE OF LOT 5; THENCE NORTH 000 59' 36" EAST,ALONG SAID WEST LINE,A DISTANCE OF 918.87 FEET, THENCE NORTH 830 57' 43" EAST, A DISTANCE OF 1556.55 FEET; THENCE SOUTH 500 30' 59" EAST, A DISTANCE OF 281.09 FEET, TO AN ANGLE POINT IN THE EAST LINE OF THE PROPERTY CONVEYED TO LLOYD E. MC LAUGHLIN BY DEED RECORDED JANUARY 28, 1955 IN BOOK 3556, PAGE 295 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BE THE AFOREMENTIONED POINT"A"; GIFT DEED APN 0301-191-019-0000 EXHIBIT B—Page 2 THENCE SOUTH 830 23' 00"WEST, A DISTANCE OF 168.55 FEET,TO AN ANGLE POINT THEREIN; THENCE SOUTH 140 00'45" EAST,A DISTANCE OF 115.65 FEET; THENCE NORTH 830 16' 00" EAST, A DISTANCE OF 337.84 FEET; THENCE NORTH 630 06' 00" EAST,A DISTANCE OF 335.02 FEET; THENCE SOUTH 770 18' 45" EAST, (RECORDED SOUTH 87° 18' 45" EAST BY SAID DEED RECORDED JANUARY 28, 1955 IN BOOK 3556 OF OFFICIAL RECORDS, PAGE 295),A DISTANCE OF 82.57 FEET, TO A POINT IN THE CENTERLINE OF LIVE OAK CANYON ROAD, AS SAID LINE WAS DETERMINED AND ESTABLISHED BY THE SAN BERNARDINO COUNTY SURVEYOR IN JULY 1950, SAID POINT BEING LOCATED, SOUTH 120 41' 15" WEST (COUNTY RECORDS INDICATE: SOUTH 121 43' 00" WEST) A DISTANCE OF 87.22 FEET FROM AN ANGLE POINT IN SAID CENTERLINE AS SO ESTABLISHED AND SAID POINT ALSO BEING LOCATED NORTH 470 20'WEST,A DISTANCE OF 34.64 FEET FROM THE NORTHWEST CORNER OF THE PROPERTY CONVEYED TO MARSHALL G. RICHARDSON BY DEED RECORDED JANUARY 25, 1954, IN BOOK 3316, PAGE 18 OF OFFICIAL RECORDS; THENCE, ALONG SAID CENTERLINE THE FOLLOWING COURSES, SOUTH 12° 41' 15" WEST, A DISTANCE OF 400.78 FEET; THENCE SOUTH 500 16'45"WEST,A DISTANCE OF 993.40 FEET; THENCE NORTH 740 04'45"WEST,A DISTANCE OF 919.46 FEET; THENCE SOUTH 770 3345"WEST,A DISTANCE OF 500.00 FEET; THENCE SOUTH 640 07' 15"WEST,A DISTANCE OF 146.30 FEET, TO THE POINT OF BEGINNING. NOTE: SAID DESCRIPTION IS PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE APPROVING A LOT LINE ADJUSTMENT, CERTIFICATE NO. LLA-570, RECORDED MARCH 01, 2013, AS INSTRUMENT NO. 2013- 0087753 OF OFFICIAL RECORDS. GIFT DEED APN 0301-191-019-0000 EXHIBIT B--Page 3