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HomeMy WebLinkAboutDeeds & Easements-1-87 RDA_CCv0001.pdf COMMONWEALTH LANDTITu Co RECORDING REQUESTED BY ANDC) WHEN RECORDED MAIL TO: RECORDED 101 OFFICIAL Redevelopment Agency of the City of Redlands N4 3� 12 c/o John E. Brown, Esq. RD I Attorney for Agency Best Best & Krieger CO., CALIF. 4200 Orange Street 1VEE 2fOSYS 3PCOR 4tNNT Post Office Box 1028 Riverside, California 92501 MAIL TAX STATEMENTS TO: 15 SV r OTT 6 HGH Properties, LTD. Post Office Box 2203 C Redlands, California 92373 Attn: C. Hall GRANT DEED K15-i! 7 Z CF ov ew, For valuable consideration, receipt of which is hereby acknowledged, REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS, a public body corporate and politic of the State of California, herein called "Grantor , " acting to carry out the Redevelopment Plan for the Redlands Redevelopment Project (which plan is hereinafter referred to as the "Redevelopment Plan" ) under the Community Redevelopment Law of California, hereby grants to HGH PROPERTIES, LTD. , a California limited partnership, as "Grantee, " the real property (hereinafter referred to as the "Property" ) , described on Exhibit "A" attached hereto. V kc 1. The Grantor hereby excepts and reserves for itself, its successors and assigns, a twenty ( 20) foot wide easement for flood control purposes over, under and across a portion of the Property more particularly described on Exhibit "B-l" attached hereto incorporated herein. In addition, Grantor hereby excepts and reserves for itself , its successors and assigns, a forty ( 40) foot wide temporary construction easement over a portion of the Property more particularly described on Exhibit "B-2" attached hereto and incorporated herein. The Grantor , its successors and assigns shall have the right to remove all pavement, curbs and gutters, irrigation lines, electrical underground lines, overhead lights and any appurtenant structures within or affecting said temporary construction easement during the construction of the underground storm drain. All such improvements, facilities and structures will be replaced after the completion of the construction of the underground storm drain by the Grantor , its representatives, successors and assigns . 2. The Property is conveyed subject to the Redevel- opment Plan and pursuant to a Disposition and Development Agreement entered into by and between Grantor and Grantee on April 7, 1987 (herein called "Agreement" ) , the terms of which are incorporated herein by reference. The Property is conveyed further subject to all easements, rights-of-way, covenants, conditions, restrictions, reservations and all other matters of record. -2- DE00106/06/05/87 3. The Grantee hereby covenants by and for itself, its representatives, successors and assigns, and all persons claiming under or through it, that during construction and thereafter , the Grantee shall not use or permit the use of the Property for other than the uses specified in the Redevelopment Plan and the Agreement. 4. The Grantee hereby covenants by and for itself, its representatives, successors and assigns and all persons claiming under or through it to construct and maintain the improvements, landscaping and facilities in accordance with the provisions of Specific Plan No. 34, approved on November 30, 1984 , and the plans approved by the Grantor pursuant to the Agreement . 5. The Grantee hereby covenants by and for itself, its representatives, successors and assigns and all persons claiming under or through it to construct , operate, repair and maintain a fifty-three (53) space subsurface parking lot on that portion of the Property described in Exhibit "C" attached hereto, in accordance with plans and specifications approved by the Grantor pursuant to the Agreement . Such parking facility shall be operated as a free, unlimited duration public parking lot unless and until the Grantee, its representatives, successors and assigns and all persons claiming under or through it first obtains the written consent of both the Grantor and the City of Redlands to change or alter the use or operation of such parking facility. The right to approve or disapprove any request to -3- DE00106/06/05/87 change or alter the use or operation of such parking facility shall be within the sole and absolute discretion of the Grantor and the City of Redlands. 6. Prior to the issuance of a Certificate of Comple- tion by the Grantor as provided in the Redevelopment Plan and the Agreement, the Grantee shall not, except as permitted by the Agreement, sell, transfer , convey, assign or lease the whole or any part of the Property without the prior written approval o the Grantor (other than as expressly.; permitters in the Agreement) . This prohibition shall not apply subsequent to the issuance of a Certificate of Completion with respect to all of the completed improvements upon the Property. 7. Subject to the provisions hereinafter set forth, the Grantor shall have the additional right, at its option, to re--enter and take possession of the uncompleted Property with all improvements thereon, and to dispossess Grantee and all lessees (if piny) and all 'those claiming by or through Grantee, end 'revest in the Grantor the estate conveyed to the Grantee, if after conveyance of title and prior to issuance of a Certificate of Completion for the Property, the Grantee (or its successors-in- interest or any such lessees) shall : i i i -4-- DE00106/06/05f87 87-1932-15 (a) Fail to commence or proceed with construction of improvements as required by the Agreement for a period of ninety (90) days after written notice to proceed from the Grantor; or (b) Abandon or substantially suspend construction of the improvements for a period of ninety (90) days after written notice of such abandonment or suspension from the Grantor ; or (c) Transfer , or suffer any involuntary transfer of the Property, or any part thereof , in violation of Paragraph 6 of this Grant Deed, and such violation shall not be cured within ninety (90) days after written demand by Grantor. Such right to re-enter , repossess and revert shall be subordinate and subject to and be limited by and shall not defeat, render invalid, or limit : (a) Any mortgage, deed of trust or other security instrument expressly permitted by the Agreement; (b) Any rights or interests provided for the protection of the holders of such mortgages, deeds of trust or other security instruments, which rights or interests are consented to in writing by Grantor . -5- DE00106/06/05/87 The rights established in this Paragraph 7 shall not apply to the Property after a Certificate of Completion for the Property has been issued as provided in the Agreement. 8. The Grantee covenants, by and for itself , its representatives, successors and assigns and all persons claiming under or through it ( including, without limitation, all lessees) , that there shall be no discrimination against or segregation of , any person or group of persons on account of race, color , creed, religion, sex, marital status, national origin, or ancestry, in the sale, lease, sublease, transfer , use, occupancy, tenure or enjoyment of the Property, nor shall the Grantee itself or any persons claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number , use of occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Prop- erty. The foregoing covenants shall run with the land. All deeds, leases, or contracts made relative to the Property, improvements thereon, or any part thereof , shall contain or be subject to substantially the following nondiscrimination clauses : (a) In deeds : "The grantee herein cove- nants by and for himself, his heirs, executors, administrators, and assigns, and tr -6sf - DE00106/06/05/87 all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color , creed, religion, sex, marital status, national origin or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number , use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land. " (b) In leases : "The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and this lease is made and accepted upon the subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color , creed, religion, sex, marital status, national origin or -7- DE00106/06/05/87 ancestry, in the leasing, subleasing, transferring, use, occupancy,, tenure or enjoyment of the land herein leased, nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selec- tion, location, number , use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land herein leased. " (c) In contracts : "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the sale, lease, sublease, transfer , use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or any person claiming under or through him establish or permit any such practice or practices of discrimination or segregation with reference to the selec- tion, location, number , use, or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land. " -8- DE00106/06/05/87 9. No violation or breach of the covenants, condi- tions, restrictions, provisions or limitations contained in this Grant Deed shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument expressly permitted by the Agreement; provided, however , that any successor of Grantee to the Property or parcels thereof shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether such successor ' s title was acquired by foreclosure, deed in lieu of foreclosure, trustee ' s sale or otherwise. 10. All covenants contained in this Grant Deed touch and concern the land and are intended to benefit the Property and other property now or hereafter owned by the Grantor inside and outside of the Redlands Redevelopment Project Area. All covenants contained herein shall run with the land and shall pass to and be binding upon the Grantee and its successors to the Property for the benefit of the Grantor and its successors and assigns and such covenants shall run in favor of the Grantor and for the entire period during which such covenants shall be in force and effect, without regard to whether the Grantor remains an owner of any land or interest therein to which such covenants relate. The Grantor , in the event of any breach of any such covenants, shall have the right to exercise all of the rights and remedies provided herein or otherwise available, and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach. The covenants contained in -9- DE00106/06/05/87 this Grant Deed shall be for the benefit of and shall be enforceable only by the Grantor and its successors and assigns. 11 . The covenants contained in Paragraphs 3 and 4 of this Grant Deed shall remain in effect until the termination date of the Redevelopment Plan (September 26, 1997 ) or any extension thereof. Thereafter , the only uses authorized for the Property shall be those permitted by the City ' s General Plan, Specific Plan Redevelopment Plan and zoning ordinances. The covenants contained in Paragraphs 6 and 7 of this Grant Deed shall remain in effect until issuance of a Certificate of Completion for the Property from Grantor , and after such date shall terminate and be null and void. The covenants contained in Paragraphs 5, 8, 9 and 9 of this Grant Deed shall remain in effect in perpetuity. 12. The covenants contained in this Grant Deed, without regard to technical classification or designation, shall not benefit or be enforceable by any person, firm or corporation, public or private, except Grantor and its successors and assigns. Any amendments to the Redevelopment Plan which change the uses or development then permitted on the Property, or otherwise change any of the restrictions or controls that then apply to the Property, shall require the written consent of Grantee or the successors and assigns of Grantee in and to all or any part of the fee title to the Property; but any such amendment shall not require the consent of any tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under a deed of -10- DE00106/06/05/87 trust or any holder, person or entity having any interest less than a fee in the Property. 13. In the event of any express conflict between this Grant Deed and the Agreement, the provisions of the Agreement shall control . 14. Grantee, its successors and assigns and all persons claiming under or through it ( including, without limitation, all lessees) hereby covenants that the Property conveyed in this Grant Deed is to be developed into a commercial retail and office complex compatible with the Redevelopment Plan and which is approved by the Agency. Grantee further covenants to commence construction on the Property on or before the date specified in the Agreement . Should Grantee fail to commence construction by such date, the Property shall revert to and revest in Grantor , and all purchase money obligations and encumbrances upon the Property executed by Grantee ( in accordance with the Agreement ) and held by Grantor , if any, at the time of such reversion shall be discharged and reconveyed. The remainder , if any, of any cash payments paid by Grantee in cash shall be retained by Grantor . DE00106/06/05/87 87-1932-n IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be executed on the date or dates shown below. REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS Dated: By: \k 14e:Z By: Secretary - APPROVED: Best , Best & Krieger Agency Counsel By: The provisions of this Grant Deed are hereby approved and accepted. HGH PROPERTIES, LTD. a California Limited Partnership By: HGH PROPERTIES, A General Partnership, General Partner Dated: By: General Partner Dated: By: eneral Vartner -12- DE00106/06/05/87 87-193245 [ACKNOWLEDGMENTS) STATE OF CALIFORNIA ) ) COUNTY OF SAN BERNARDINO) On aiay ° 16 , 1987, before me, the undersigned, a Notary Public in and for said County and State, personally appeared N �&V,E;r._ personally known to me for proved to me on the basis of satisfactory evidence) to be the Executive Director and Secretary of the Redevelopment Agency of the City of Redlands, a public body, corporate and politic, known to me to be the persons who executed the within instrument on behalf of the Redevelopment Agency of the City of Redlands, and acknowledged to me that such Agency executed the within instrument pursuant to its bylaws or a resolution of its Governing Board. WITNESS my hand and official seal. 108MMUNAMMOMM .rru..r J.A.VAZQUU NOTARY F%WW. MN WCAL GRIMTY NOTARY PUBIaq c .EXPff JUM 2: 1590 f 87-1932,15 (ACKNOWLEDGMENTS) STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO) On jt�le- _ e, , 1987, before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the Executive Director and Secretary of the Redevelopment Agency of the City of Redlands, a public body, corporate and politic, known to me to be the persons who executed the within instrument on behalf of the Redevelopment Agency of the City of Redlands, and acknowledged to me that such Agency executed the within instrument pursuant to its bylaws or a resolution of its Governing Board. WITNESS my hand and official seal. --- --------- J.Ft.VAZQM NOTARY"LIC SAN URNARDINO COUNTY CALIFORNtA J,L41,11 EX"Jun!22. 1990 NOTARY PUNLi�C 87-1932-15 [ACKNOWLEDGMENTS) STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO) - On 6 -9 -9-7 , 1987, before me, the undersigned, a Notary Public in and for said County and State, personally appeared fte�- J personally known to me (or proved to me on the basis of satisfactory evidence) to be the Executive Director and Secretary of the Redevelopment Agency of the City of Redlands, a public body, corporate and politic, known to me to be the persons who executed the within instrument on behalf of the Redevelopment Agency of the City of Redlands, and acknowledged to me that such Agency executed the within instrument pursuant to its bylaws or a resolution of its Governing Board. WITNESS my hand and official seal. J.& VAZOUU NOTA"PMoC "Mommo couwy CALPOW" NOTARY PURL IC--,�- 87-1932,15 [ACKNOWLEDGMENTS} STATE OF CALIFORNIS ) } COUNTY OF SAN BERNARDINO) On Juqe ? 1 %,f-7 , 1987, before me, the undersigned, a Notary Public in and for the said County and State, personally appeared — 4- personally known to me, (or proved to me on the basis of satisfactory evidence) to be the the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same. WITNESS my hand and official seal. J.R.VAZQUEZ NOTARY PUBLIC SAN BERNWINO COUNTY CALIFORNIA on ExPIrs June 22, 1980 NOTARY" PUBL [ACKNOWLEDGMENTS] STATE OF CALIFORNIS COUNTY OF SAN BERNARDINO) On JL�&e , 1987, before me, the undersigned, a Notary Public in and for the said County and State, personally appeared personally known to me, (or proved to me on the basis of satisfactory evidence) to be the the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same. WITNESS my hand and official seal. J.W VAZQUEZ NOTARY PUBLIC 340101t 8ERNARW40 COUNTY CALIFORNIA wim Expires Judo 22,1910 f MY Cm NOTARY PUBLIC-,,y EXHIBIT "A" The land hereinafter described or .referred to is situated in the City of Redlands County of San Bernardino, State of California and -1 s described as follows: PARCEL l That portion of Black. I'D", of BALCOM''S ADDITION, in the City of Redlands, County of ;San Bernardino, State of California, as per plat recorded In book. 13 of Maps, page(s) 4; in ;the office of the `County Recorder of said County, described as follows: BEGINNING at the Southeast corner of said Block w ich corner is also the Northwest corner of Redlands Avenue and Sixth Street in said City; thence West, along the North live of said Redlands Avenue, 173.1 feet to the ;Southeast corner of property conveyed by Redlands Preserving Company Co James Melllnn and Clinton J Curtis, by deed recorded in book 269, page 307, of Deers,' Records of said County; thence North along the East line of :Land so conveyed to said James Mclllhenny and Clinton J. Curtis, 186.27 feet, more or less, to the South line of the right of way conveyed, by the Redlands Preserving Company to The Southern California <Railway Company`, by deed recorded in book 241, page 399, of Deeds, Records of said County; thence East along the, South lige of said right of way so conveyed to said 'Southern California Railway Company, '173.1 feet to the East lime of said Block "D#% thence 'South, along the East line of said Block: " ", 186.27 feet, more or less, to the glace of beginning. EXCEPTING from the ;above described property the West 51.74 feet conveyed to Redlands Ice and Cold Storage Company by deed dated July 20, 1929, and recorded July 22, 1929,` in brook 522, page 26, OfficialRecords. PARCEL, 2 Lots 1 to 4, inclusive, Block "E", according to maps of BALCOM'S ADDITION, in the City of Redlands, County of San Bernardino, State of California, as per Plat recorded in book 13 of Maps, page(s) 4, in the Office of the County Recorder of said County. EXCEPTING THEREFROM the East 34 feet of said Lot 4. ALSO EXCEPTING THEREFROM that portion conveyed to the Salvation Army by deed recorded in book 411, page 301, of Deeds, described as follows: BEGINNING at the intersection of the North line of East Central Avenue with the East line of Fifth Street; thence North 50 feet; thence East parallel with East Central Avenue, along the South line of a private alley, 100 feet; thence South 50 feet; thence West 100 feet to the beginning. a PARCEL 3 4 OR That portion of Redlands Avenue, 60 feet wide, as established and shown, on the recorded map of Balcom's 'Addition to the City* of Redlands, dated April: 7, 1897, recorded May 6, 1897, i 'book 13 of Maps, page 4, Records of San Bernardino County, that is bounded on the North by the South line of Black "D"; on the South by the North line of Block " "; on the West by the; East line of Fifth Street; and on the East by the West line of Sixth Street, all as shown on the recorded map of said Balcom's `Addition. EXHIBIT "B-l" 87-1932,15 DESCRIPTION OF PERMANENT EASEMENT An Easement 20.00 Feet in width , centered about the following described line : That portion of Redlands Avenue , 60 feet wide, as established and shown on the recorded map of Balcom ' s Addition to the City of, Redlands, dated April 7 , 1897 , recorded May 6, 1897 , in book 13 of Maps, page 4, Records of San Bernardino County, that is bounded on the North by the South line of Block "D" ; on the South by the North line of Block "Elt ; on the West by the East line of Fifth Street ; and on the East by the West line of Sixth Street , all as shown on the recorded map of said Balcom' s Addition. Commencing at the Southwest corner of said Redlands Avenue ; thence due North, along the East Line of Fifth Street , 30.00 feet to the True Point of Beginning ; Thence due East , along the centerline of said Redlands Avenue , 275 feet ; more or less , to the West Line of Sixth Street , said point also being the terminus of said line. EXHIBIT "B-2" DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT An easement 40.00 feet in width , centered about the following described line : That portion of Redlands Avenue , 60 feet wide, as established and shown on the recorded map of Balcom' s Addition to the City of Redlands, dated April 7 , 1897 , recorded May 6. 1897 , in book 13 of Maps, page 4 , Records of San Bernardino County, that is bounded on the North by the South line of Block "D" ; on the South by the North line of Block "E" ; on the West by the East line of Fifth Street; and on the East by the West line of Sixth Street , all as shown on the recorded map of said Balcom's Addition . Commencing at the Southwest corner of said Redlands Avenue ; Thence due North, along the East Line of Fifth Street , 30.00 feet , to the True Point of Beginning ; Thence due East , along the centerline of said Redlands Avenue , 275 feet ; more or less, to the West line of Sixth Street, said point also being the terminus of said line . EXHIBIT "C" DESCRIPTION OF SUBSURFACE PARKING AREA PARCEL 1 That portion of Parcel No . I of Parcel Map No. 6574, in the City of Redlands, County of San Bernardino , State of California , as per Map recorded in Book 69 , page 42 of Parcel Maps , in the Office of the County Recorder of said county , described as follows: Being the South 72 . 14 feet of the East 64 .42 feet of the West 65. 27 feet of Said Parcel No. 1 . PARCEL 2 That portion of Block "D" , as established and shown on the recorded map of Balcom ' s Addition to the City of Redlands , dated April 7, 1897 , recorded May 6 , 1897, in Book 13 of Maps , page 4 , Records of San Bernardino County , described as follows : Commencing at the Southwest corner of said Block D; thence East , along the South line of said Block D, to a point on a line , 1 . 25 feet East of and parallel to , the West line of said Block D; Thence North along said line , 19 . 14 feet , to the True Point of Beginning ; Thence continuing North , along said line , 169.86 feet ; more or less , to the South line of the Right of Way granted to Southern California Railway Company , by deed from Redlands Preserving Company , recorded in Book 241 of Deeds, page 399 ; Thence East ,, along the Southerly line of said Right of Way , 64.42 feet ; thence South, 95 .86 feet , more or less ; Thence East , 19 .00 feet ; Thence South, 74.00 feet ; Thence West , 83.42 feet , to the Point of Beginning.