HomeMy WebLinkAboutOrdinances_2613_CCv0001.pdf ORDINANCE NO. 2613
AN ORDINANCE OF THE CITY OF REDLANDS APPROVING DEVELOPMENT AGREE-
MENT NO. 19 WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE ("ESRI-")
THE CITY COUNCIL OF THE CITY OF REI LANDS does ordain as follows-
Section 1. The Development Agreement dated July 5,2005,with SSRI(the "Development
Agreement")has been reviewed by the City Council of the City of Redlands and this City Council,
after considering the verbal and written testimony provided at a duly noticed public hearing on the
Development Agreement, determines::
I. The Development Agreement is consistent with the Redlands General Plan,
2. The Development Agreement will promote the public convenience and general welfare
of the citizens of Redlands.
Section 2. The City Council hereby adopts the findings made by the City's Planning
Commission in accordance with Redlands Municipal Code Section 18.220.100 in making its
recommendation to this City Council to approve the Development Agreement.
Section 3. The Development Agreement is hereby approved in the form attached hereto as
Exhibit "A" and incorporated herein by this reference.
Section 4. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect in accordance with law,
&4a?r of the City of .ed6s
Attest:
Citi", erk
vle r k _
I'.,linf,0rdQ613 1.SR1
1, Lorne Poyzer,City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was
duly adopted by the City Council at a regular meeting thereof held on the 5th day of July, 2005, by
the following vote:
AYES: Councilmembers Gil, Gilbreath, George, Mayor Peppler
NOES: None
ABSENT: None
ABSTAIN: Councilmember Harrison
City Ckrk
L'djm�'Ord%2613 ESRI
Recorded in 0Mcj9j Records,County of Ban Bernardino 7/13t2005
LARRY WALKER 2:25 PM
AR
Auditor/Controller — Recorder
RECORDING REQUESTED BY AND R Regular Mail
WHEN RECORDED RETURN TO:
On#: 2005-0503686 Titles: 1 Pages: 33
Foos 0.00
City Clerk Taxes @.0
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City of Redlands Ot to saar
P.O. Box 3005
Redlands, California 92373
(SPACE ABOVE FOR RECORDER`S USE ONLY)
FEES P10T REQUIRED
PER GOVERNMENT CODE
SECTION 6103
DEVELOPMENT AGREEMENT
ESRI CAMPUS
REDLANDS, CALIFORNIA
July S, 2005
Djmkagree4devagrmt10,c1can ESRI.doc
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is rnade and entered into this 5"'
day of July2005� by and'between (i) the CITY OF REDLANDS, a municipal corporation
organized and existing under the laws of the State of California (the "City"), and (ii) NYS.
LLC, a California limited liability company, NYS/NEW, LLC, as California limited liability
company, PROPERTY ONE, LLC, a California limited liability company, and ZANJA
CORPORATION, a California corporation (collectively or individually as the context
requires, the "Property Owner"), pursuant to the authority of Sections 65864 through
65869.5 of the California Government Code. The City and the Property Owner may be
referred to herein individually as as"Party" and collectively as the "Parties."
RECITALS
A. Environmental Systems Research Institute, Inc. ("ESRI") is recognized as one of
the City's most important businesses and major employers. The Property Owner
owns and provides the land commonly known as the ESR1 campus for ESRI. The
Property Owner may develop and expand the ESR 1 campus as its business warrants
in response to various technological, demographic, economic and other changes.
The City and the Property Owner mutually recognize that this represents an
opportunity to work cooperatively in assisting ESRI by providing certainty
regarding applicable general plan designations, zoning and other development plans
and standards so that ESRI can continue as a major business and employer in the
City and so that the Property Owner can make the long-term commitments involved
in developing and expanding the ESI campus in the City. To that end, the Parties
now desire to agree upon the applicable land use regulations for the ESRI campus
and its development and expansion,
13. Further development of the ESRI campus is expected to contribute to additional
employment opportunities for both current and future residents of the City and is
expected to add to the beauty and reputation of the City. Consequently, entering
into this Agreement is acknowledged to be to the mutual benefit of the Parties.
C. To strengthen the public planning process, encourage private participation in
comprehensive planning and reduce the economic risk of development, the
Legislature of the State of California adopted Section 65864 et seq. of the California
Government Code which authorizes the City to enter into a development agreement
Frith any person or entity having a legal or equitable interest In real property,
providing for the development of such property and establishing certain reciprocal
rights and obligations related to such development.
DTo implement the above-described state laws, the City adopted Chapter 18,220 of
the Redlands Municipal Code to establish procedures and requirements for
considering and approving development agreements,
E, The Property Owner (each as to their respective ownership interests) has a legal
and/or equitable interest in the real property situated in the City that is the subject of
this Agreement, and therefore satisfies the statutory requirements to enter into this
ESRI.Joc 2
Agreement. This real property is more particularly described in Exhibit "A"
attached hereto (the "Property").
R The City, on October 17, 1995; adopted Resolution No, 5521, approving the City of
Redlands General Plan which, subsequent thereto, has been further amended prior to
the date of this Agreement (the "General Plan").
G. The City, on April 19, 2005, adopted Resolution No. 6391 approving General Plan
Amendment No. 2005-2-B and Ordinance No. 2600 approving Zone Change No.
401, The City, on June 21, 2005, adopted Resolution No. 6380, approving Street
Vacation No- 127, subject to related conditions of approval as stated therein
(collectively, the '*GPA").
H. In conjunction with approval of the GPA and City Council Resolution No. 6380 the
City approved a Mitigated Negative Declaration (the "Negative Declaration"),
including certain, specified mitigation measures as set forth therein. In doing so. the
City Council satisfied the requirements of the California Environmental Quality Act
("CEQA;" California Public Resources Code Section 21000 et seq.), the CEQA
Guidelines (Title 14, California Code of Regulations, Section 15000 et seq.) and
applicable ordinances and regulations of the City
1. The GPA, Street Vacation No. 127 and the Negative Declaration, which collectively
comprise the current "Project Approvals," are incorporated herein by, this
reference. The Property Owner desires to provide for the development of the
Property in accordance with the Project Approvals and this Agreement. Such
development of the Property, as permissible under the Project Approvals and subject
to any amendments to this Agreement agreed upon by the Parties, is referred to
herein as the "Project."
1 The Planning Commission, on April 26, 2005, conducted hearings and adopted
findings relating to this Agreement, as required by Chapter 18.220 of the Redlands
Municipal Code, and recommended that the City Council approve this Agreement.
K. The City Council, on July 5, 2005, by Ordinance No, 2613 made all findings and
determinations relating to this Agreement which are required by Chapter 18.220 of
the Redlands Municipal Code, and approved this Agreement by its adoption of
Ordinance No. 2611 In doing so, the City Council determined that this Agreement
is consistent with the General Plan and will implement the Project Approvals.
L. The City Council finds that execution of this Agreement and the performance of and
compliance with the terms and conditions set forth herein by the Parties: (i) is in the
best interests of the City; (ii) will promote the public convenience, general welfare
and good land use practices in the City; (iii) will promote preservation and
enhancement of land values in the City; (iv) will encourage the development of the
Project by providing a reasonable level of certainty to the Property Owner, and (v)
will provide for orderly growth and development in a manner consistent with the
General Plan and other plans and regulations of the City.
NOW, THEREFORE. in consideration of the above Recitals, all of which are expressly
incorporated into this Agreement, and the mutual promises and obligations of the Parties set
forth herein, the Parties agree as follows-,
1')pn\agrvc.kde%agm4t10 cican ESRI,doc 3
1. Proiect l evelot ment Rectaaircratents.
a. Standard ofLe:velraaent. �l Propcat and Prcaject shall be
developed its accordance with the reject Approvals, the Applicable Regulations
defined below), and this Agrc:ernent. luring the terra cal"this Agreement, the permitted uses
for the Property and within the Project. the density and intensity of use, maximum height
and size of buildings, other- zoning standards; the requirements for reservation or dedication
of land for public purposes, the mitigation requirements and all other terms and conditions
of development of the Project and the Property shall be those set forth in the Project
Approvals and the Applicable Regulations gulations as defined below.
la. Rubs and Regulations. Pursuant to Government Code Section
65866, and except as otherwise provided in this Agreement, the regulations, rales and
official policies of the City governing (i) permitted uses for the Property and within the
Project, (ii) density and intensity of use, '(iii) design, improvement and construction
standards and specifications, and (iv) all other terms and conditions of development of the
Property and the Project shall be those regulations; rales and official policies which are in
effect on the effective date of the ordinance approving this Agreement (the "Applicable
Regulations").
C. Exceptions to Applicable—Regulations. Notwithstanding any other
provision of this Agreement, the Applicable Regulations shall not include ;any generally'
applicable laws, regulations, rules or policies relating to fees, charges or monetary
exactions (whether processing, impact or otherwise) that may be levied or imposed on the
Project or Property if also;generally applicable to other similar properties or projects in the
City on a sort-discriminatory basis; the conduct of businesses, professions and occupations,
generally applicable; taxes, and assessments, generally applicable; the general control and;
abatement of nuisances; encroachment and other ministerial permits, generally applicable;
or to uniform building, fire, housing and safety codes adopted by the City by reference.
d. Processing; of Applications, Final Action. The Parties recognize that
there will be additional approvals required by the Property Owner from the City in
connection with carrying out the Project, including, without limitation, planning
commission review and approvals, zone changes, grading permits, easements, rights of
way, vacations, improvement plans, utility relocations, building permits and occupancy
permits. ].wring the term of this Agreement, the Property Owner shall have a legally
recognized vested right to have such additional approvals reviewed, considered and
determined in accordance with the Project Approvals and the Applicable Regulations and to
carry out the Prcject in accordance with Project Approvals and the Applicable Regulations.
They City recognizes the importance to the Project of achieving and maintaining the efficient
processing of Project-related applications and related documents, Accordingly, the City
shall diligently and in good faith process any such applications and take final action thereon
s quickly as reasonably possible and, in any event, in accordance with time periods set
forth in applicable state laws and local ordinances or regulations. The foregoing
requirements are subject to the Property Owner's applications for such additional approvals
being in proper form for submittal and processing, including all required documents,
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information and fees, based on the City's generally applicable standards in effect at the time
of submittal.
e. Municipal Services. Following satisfaction by the Property Owner of
the requirements to obtain the necessary permits to carry out each phase of the Project, in
accordance with the Project Approvals, the City shall provide to the Project all municipal
services required to serve the Project (including but not limited to facilities toward which
the Property Owner has paid fees) which are provided by the City to other property owners
either citywide or in the vicinity of the Project, at a cost no higher on a pro rated basis than
is charged to such other property owners, provided that the Property Owner complies with
all requirements of the Project Approvals and Applicable Regulations pertaining to
construction and/or financing of improvements related to such services, and further
provided that there are no physical impediments which make it impossible for the City to
provide any particular service to the Project.
f. Municival Utility Relocation, The Property Owner recognizes that it
may be required to enter into an agreement with the City for any relocation of water and
sewer mains and appurtenances, and that under the terms of such agreement the total costs
of any such relocation shall be bome by the Property Owner.
2. Prosect AnDrovals,
a. Term of Apgrovals, The Project Approvals shall remain valid and in
effect for the entire term of this Agreement, and the City shall take no action to rescind,
revise or otherwise modify the Project Approvals, except at the request of, or with the
consent of, the Property Owner.
b. Consistencv of Land Use Desienations. The Parties recognize the
importance of maintaining the protections afforded by this Agreement to the greatest extent
feasible. Accordingly, the City shall not modify any land use designation within the Project
boundaries in such a way as to preclude or interfere with all or any part of the Project or the
vested rights applicable to the Property and the Project as provided under this Agreement,
I Term of Aereement. The term of this Agreement shall commence on the
effective date of the ordinance approving this Agreement and shall continue for a period of
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thirty (30) years thereafter unless this term is modified, extended or terminated pursuant to
the provisions of this Agreement.
4. Binding,Effect of Agreement.
a. Covenant. This Agreement shall bind, and inure to the benefit of, the
respective Parties and their successors in interest, including their heirs, representatives,
assigns, affiliates and all other persons and entities acquiring any rights or interests in the
Property or any portion thereof, whether by operation of law or in any other manner
whatsoever. All of the provisions of this Agreement shall be enforceable as equitable
servitudes and constitute covenants running with the land.
DJwn\agrccttk-va_grflU I 0.0can BRIAoc 5
b, No Property Interest. Nothing herein shall he construed as a
dedication or transfer of any right or interest in, or as creating a lien with respect to, title to
the Property.
5, Assi,,,,,nnient, Each of the Property Owners shall have the right to sell, assign
or transfer the Property in whole or in part (provided that no such partial transfer shall
violate the Subdivision Map Act, Government Code Section 66410 et seq.) to any person,
partnership,joint venture, limited liability company. firm or corporation at any time during
the term of this Agreement. Any such sale, assignment or transfer may include the
assignment of those rights, duties and obligations arising under or from this Agreement
which are applicable to the Property or part thereof being assigned, transferred tar sold. No
sale, transfer, or assignment of any right or interest under this Agreement shall be made
unless made together with the sale, transfer, or assignment of all or a part of the Property.
The express written assumption of any or all of the obligations of Property Owner under
this Agreement by such assignee, transferee or purchaser shall relieve Property Owner of its
legal duty to perform such obligations under this Agreement. Any purchaser, assignee or
transferee of Property Owner shall have all of the rights, duties and obligations of Property
Owner under this Agreement insofar as such rights, duties and obligations are applicable to
the Property or part thereof purchased, assigned or transferred.
6. Notices,
a. Form of Notice. All notices between the City and either the Property
Owner or any Assignee, given pursuant to the provisions of this Agreement, shall be in
writing and shall be given by personal delivery, facsimile or mail. Notice by personal
delivery or facsimile shall be deemed effective upon the delivery of such notice to the Party
for whom it is intended at the address set forth below. Notice by mail shall be deemed
effective two (2) business days after depositing such notice, addressed as set forth below,
property sealed, postage prepaid, registered or certified, return receipt requested, with the
United Stated Postal Service, regardless of when the notice is actually received. The
addresses to be used for purposes of notice shall be:
If to the City: City of Redlands
35 Cajon Street, Suite 200
P.O. Box 3005 (mailing)
Redlands, Cal iforma,92373
Fax: (909) 798-75[0
Attention: City Manager
Djnfagrer1,devigr7nt10 clean USRI,doc 6
With a copy to: City of Redlands
35 Cajon Street, Suite 200
P.O. Box 3005 (mailing)
Redlands, California 92373
Fax: (909)798-7.595
Attention:: City Attorney
If to Property Owner: NYS, LLC`
NYS/NEW, LLC
Property One, LLC
anja Corporation
380 New York Street
Redlands,CA 92.373
Fax: ( 09) 792-6234
Attention:Jack.Dan ermond`
With a copy to: McPeters McAlearney Shimoff& Hatt, APC
4 W. Redlands Blvd, " Floor
P.O. Box 2084
Redlands,CA 92373`
Fax: (909) 792-6234
Attention: James R. Harper, Esq.
. Chan2e of Address. Any Party may change the address to which
notices are to be sent (and/or the person to whose attention noticesare to be directed)at any
time by giving written notice of such change in the manner provided above.
.. Amendment of A ,reernent. This Agreement, including the term hereof, may
be amended from time to time by mutual consent of the Parties, in accordance with the
provisions of Government Code Section 65868 and Chapter /8.220 of the Redlands
Municipal Code, In the event any Property Owner (or any successor, assign or affiliate of
any Property towner and/or the owner(s) thereof) frorn time to time obtains a legal or
equitable interest in real property that such owner reasonably believes contributes to, or
serves as an expansion for, the E RI campus, then such owner may from time to time file
applications with the City to amend: this Agreement to make such additional property and/or`
such owner subject to the terms and conditions of this Agreement .and the City agrees to
diligently= and in good faith process and take final Faction on such application(s) as quickly
as reasonably possible and, in any event, in accordance with time periods set forth in
applicable state laws and local ordinances or regulations, Any and all further City
authorizations and approvals in connection with the further development and expansion o
the E RI campus shall become part of the Project Approvals.:
fl. Internretation and Enforcement of ,eement.
a. Corn lite A.ttreernent. This Agreement represents the complete
understanding between the Parties pertaining to the suhfject matter hereof, and supersedes
all prior agreements, discussions and negotiations in connection therewith. No amendment,
Ojmr agre6doagrmt10 dean ES t doe 7
modification or cancellation of this Agreement shall be valid unless in writing and executed
by the Parties. other than a cancellation pursuant to Section I I below,
beverability. If any provision of this Agreement is determined to be
invalid or unenforceable, the remainder of the Agreement shall not be affected thereby and
shall remain in full force and effect, unless such invalidation renders any remaining
provisions impossible or impractical to enforce.
C. Conflict With State or Federal Laws. In the event, that any state or
federal laws or regulations, enacted after the effective date of this Agreement, prevent or
preclude compliance by either Party with any provisions hereof, such provisions shall be
modified or suspended to the extent necessary to comply with such state or federal laws or
regulations,
d. AppliciLble Law. This Agreement shall be construed, interpreted and
enforced in accordance with the laws of the State of California and any applicable laws of
the United States of America.
ePrevailine Party. In the event of any action or proceeding brought by
either Party against the other to enforce the provisions of this Agreement, the prevailing
Party shall be entitled to recover reasonable costs and expenses, including attorneys' fees,
incurred in connection therewith.
t Authority of Si-anatories. All the Parties represent and warrant that
the persons signing this Agreement on their behalves have full authority to bind the
respective Parties, and that each and every term of this Agreement is fully enforceable in all
respects at the time this Agreement is executed and shall remain fully enforceable at all
times during which the Agreement is in effect and, where indicated, beyond the term of this
Agreement. Such enforceability shall pertain to both the substantive provisions of this
Agreement and any remedies available for violation of the Agreement by either Party,
including but not limited to awards of damages.
9. indemnification, If any claim, action, or proceeding is filed against
the City or its agents, officers or employees to attach, set aside, void or annul, the approval
by the City of this Agreement, Property Owner shall defend (with attorneys selected and
directed by Property Owner), indemnify and hold harmless City and its agents, officers and
employees. City shall promptly notify Property Owner of any such claim, action or
proceeding, and shall cooperate fully in the defense. If City fails to promptly notify
Property Owner of such claim, action or proceeding or if City fails to cooperate, fully in the
defense, Property Owner shall not thereafter be responsible to defend, indemnify or hold
harmless City. Nothing contained in this Section prohibits City from participating in the
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defense of any such claim, action or proceeding provided the City bears its own attorneys'
fees and costs and defends in good faith. Property Owner shall not be, required to pay or
perform any settlement of any such claim, action or proceeding unless the -settlement is
approved by Property Owner,,
h. Waiver and Delays. Failure by either Party to insist upon the strict
performance of any of the provisions of this Agreement by the other Party, or failure by
either Party to exercise its rights upon a default by the other Party, shall not constitute a
waiver of any right to demand strict performance by such other Party in the future.
i, Force Maieure. Neither Party shall be deemed to be in default for
failure or delay in performance of any of its obligations under this Agreement if caused by
floods, earthquakes, other acts of God, fires, wars, riots or similar hostilities, strikes or other
labor difficulties, government agencies and their regulations, or other causes beyond the
reasonable control of the Party claiming the force majeure. If any such event shall occur,
the term of this Agreement and the time for performance by the Property Owner of any of
its obligations hereunder shall be extended by the period of time that such events prevent it
from proceeding with development of the Project.
9, Est2Wel Certificate. Any Party may, at any time and from time to time,
deliver written notice to another Party requesting certification in writing that, to the
knowledge of the certifying Party: (i) this Agreement is in full force and effect and a
binding obligation of the Parties; (ii) this Agreement has not been amended, or, if so
amended, identifying the amendments; and (iii) the requesting Party is not in default in the
performance of its obligations under this Agreement, or, if in default, describing the nature
and extent of any such default. A Party receiving a request hereunder shall execute and
return such certificate within thirty (3 0) days following the receipt thereof. The City
Manager of the City shall have the authority to execute any such certificate requested by the
Property Owner. The City acknowledges that a certificate hereunder may be relied upon by
transferees and mortgagees.
10, Periodic Review of Com Bance with.,Agreement.
a. Annual Review, This Agreement shall be subject to annual review,
pursuant to California Government Code Section 65865.1. Within thirty (30) days
following each anniversary of the date of recording of this Agreement, the Property Owner
shall submit to the Planning Official of the City written documentation demonstrating good
faith compliance with the terms of this Agreement ("Annual Report"), to the extent that
the Property Owner has taken or is required to take any action pursuant to this Agreement.
Failure by the Property Owner to submit the Annual Report in a timely manner shall not
itself constitute a breach of this Agreement, unless the City has first given the Property
Owner a minimum of thirty (30) days notice thereof and the Property Owner fails to submit
the Annual Report within thirty (30) days after receipt of such notice. Property Owner shall
pay to the City the cost for City review within the, thirty (30) day period referenced above in
accordance with Section 18.220.180 of the Redlands Municipal Code.
b. Contents of Poneirt, The Annual Report and any supporting
documents shall describe (i) any permits or other approvals which have been issued or for
which application has been made and (ii) any development or construction activity which
has commenced or has been completed since the date hereof or since the preceding annual
EsRi,doc 9
review, The City shall review all the information contained in such report in determining
the Property Owner's good faith compliance with this Agreement,
C. Waiver. The City does not waive any claim of defect in performance
by the Property Owner if, at the time of an annual review, the City does not propose
immediately to exercise its remedies hereunder. However. in the event that the City,
following receipt of the Annual Report for any year, fails to review the information
contained therein and/or to determine the Property Owner's good faith compliance with this
Agreement, the Property Owner shall be deemed to be in good faith compliance with regard
to the period covered by that Annual Report,
It. Violations.
a. Violation by Proven Owner.
(1) The Property Owner shall be deemed in violation of the terms
of this Agreement ifa finding and determination is made by the City, upon the basis of
substantial evidence that the Property Owner has not complied in good faith with one or
more of the material terms or conditions of this Agreement. A default on the part of an
assignee pursuant to Section 5 above shall not under any circumstances constitute a
violation of this Agreement by the Property Owner.
(2) If the City believes the Property Owner to be in violation of
this Agreement, the City shall give the Property Owner thirty (30) days written notice
specifying the nature of the alleged violation and, when appropriate, the manner in which
the violationmay be satisfactorily cured. Failure or delay in giving notice of a violation
shall not constitute a waiver of such violation.
(3) The Property Owner may appeal the allegation of violation by
filing a notice of appeal with the City Clerk, within the thirty (30) day cure period described
in the preceding paragraph. The Property Owner's appeal shall be placed on the agenda of
the next regularly scheduled meeting of the City Council, which shall be an, open meeting
but not a public hearing. If the City Council finds that a violation has occurred and is
continuing, the Property Owner shall be given another sixty (60) days within which to cure
such violation, provided that such time period shall he extended automatically so long as
the Property Owner is engaged in making good faith efforts to cure the violation. At the
next City Council meeting following expiration of the sixty (60) day period allowed for
curing the violation, or any extension thereof, the City Council shall set forth by motion or
resolution its determination as to (i) the continuation of the violation and (ii) any action to
be taken, which action may include amendment or termination of this Agreement. Any
action to terminate shall be in the form of a resolution and shall be supported by written
findings.
(4) After proper notice and expiration of the cure, period without
appeal, cure or commencement of substantial effort toward a cure by the Property Owner,
the City may take unilateral action to terminate or amend this Agreement.
bn Violation b�Cit
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D0n\agrec\dcvagm to cican ESR[doc 10
(1) The City shall be deemed in violation of the terms of this
Agreement upon failure of the City to carry out any of its obligations hereunder.
(2) If the Property Owner believes the City to be in violation of
this Agreement, the Property Owner promptly shall notify the City, through its City
Manager, to that effect, setting forth the -rounds upon which a violation is claimed, facts in
support of such grounds, and the means through which such violation may be cured. The
City shall have thirty (3 0) days following the date of receipt of the notice within which to
take action to deny the claire, cure the violation or undertake substantial action toward the
cure.
(3) If the action of the City is unsatisfactory to the Property
Owner, the Property Owner may make an appeal to the City Council, provided that, within
ten (10) days following the date of receipt of the notice of denial of the claim, or within ten
(10) days following the date of expiration of the cure period described in the preceding
paragraph, whichever occurs first, the Property Owner files with the City Clerk a notice of
appeal to the City Council. The City Council thereafter shall consider this matter on the
agenda of its next regularly scheduled meeting, which shall be an open meeting but not a
public hearing, at which the Property Owner may present information regarding the alleged
violation. used upon the information presented by the Property Owner, the City Council
shall make a determination as to whether the City is in violation of this Agreement, as
alleged by the Property Owner.
c; LggAL Enforcement. Subject to the prior exhaustion of all
administrative remedies set forth above (except to the extent that such acts would be futile),
in addition to any other rights or remedies, either Party may institute legal action (i) to cure,
correct or remedy any violation, (ii) to enforce any covenants or agreements herein, (iii) to
enjoin any threatened or attempted violation hereof, (iv) to recover damages for any default
or (v) to obtain any other remedies consistent with the purposes of this Agreement. In
addition to any other remedies available herein, (i)either Party may have liability under this
Agreement for contractual damages, (ii) each Party shall be entitled to specific performance
by the other Party of its obligations under this Agreement and (iii) each Party shall be
subject to liability for violation of a statutory or constitutional right of the other Party which
exists independent of this Agreement. Any such legal action shall be brought in the
Superior Court of San Bernardino County, State of California, or in an appropriate federal
court.
11 Relationship of Parties. In performing Its obligations hereunder, the
Property Owner is acting under this Agreement as an independent contractor and not as an
agent or employee of the City. Further, nothing in this Agreement shall be construed as
creating between the Property Owner and the City a partnership or joint venture for any
purpose.
13. Exhibits. All exhibits referred to in, and attached to, this Agreement are
incorporated herein by such reference.
DjuNtgreekdevagrmt1t)cleat)ESRI.doc 11
1Adoption of'Agreement, Adoption of this Agreement by the City shall be by
4� ..
ordinance.
15, This
Agreement shall not apply to the parcels of real property currently owned in fee title by the
City which are included in Exhibit A hereto and listed as APN: 0171-021-09 and 12, unless
and until Property Owner obtains fee title thereto pursuant to Property Owner's existing
reversionary interests in any such parcel.
16. Recordina of Agreement. Within ten (10) days following the adoption by
the City of the ordinance approving this Agreement, or any subsequent amendment hereof,
the City Clerk shall record a fully executed copy hereof with the County Recorder of San
Bernardino County, State of California.
[BALANCE OF PAGE INTENTIONALLY LEFT'BLANK.]
Djmagn-eI,,(JcvagmA 10 clean ESRI.doc 12
IN WITNESS WHEREOF, the Pat-ties have executed this Agreement, to be effective as of
the date set forth in the first paragraph hereof.
"PROPERTY OWNER" "CITY"
NYS, LLC, CITY OF REDLANDS,
a California limited liability company a municipal corporation
By. By.
Q
ack -ermond, an Peppier, May r
11 Ir S X,I
APPROVED AS TO LEGAL FORM.
0 —
OLa"uraDan4germol Vanlager�
Daniel Me gh, City Attorney
NYS/NEW, LLC ATTEST:
a California firnited liability company
B
'zJack D ermon nag r
torrie Poyzeyit Clerk
B
Laura Dang rmond, n�ager
PROPERTY ONE, LLC
a California limited liability company
By:
Lager
ack angerm
By:
Laura Dari e
rmond-MS&AKager
f OE W—f-
[SIGNATURES CONTINUED ON FOLLOWING PAGEJ
10Avan ESRI.doc 13
ZANJA CORPORATION
a California corporation
By
Log• Hardison
President
^ A I >
fohn D. McAlearney, Jr.
Secretary
DjaikagreeWevagrmt I O.clean ESRI.doc 14
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY CSE SAN BERNARDIf O SS
CITY OF R.EDLANDS
By the authority granted under Chapter 4, Article 3, Section 1151, of the California Civil Code, and
Chapter 2, Division 3, Section 081 of the California Government Code, on June 21, 2005, before
nye, Beatrice Sanchez, deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of
Redlands, California, personally appeared Susan Peppier, Lorrie Poyzer and Dan McHugh
{ personally known to me - or - I ) proved to nye 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.
a ,I l� 0 WITNESS my hand and official seal.
LCRRRIE PO YZER, CITY CLERK
-. 1888a
; . ...........
Beatrice Sanchez, Deputy City Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNERS
{ } Individuals) signing for oneselUthemselves
{ } Corporate Officer(s)
Title(s)„
Company _
Partners
Partnership
}
Attorney-In-Fact
Principal(s)
Trustees
Trust:
(
x Other
Title(s): Mayor, City Clerk and City Attorney
Entity;Represented: City of Redlands, a municipal corporation
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ELL
Title or Type of Document: Development Agreement
Date of Document. July 5, 2005
Signer(s)) Other Than Named Above. .Zack I an,gerrnond, Laura Dan„ermond, Logan Hardison and
John McAlearney,Jr.
Title or Type of Document Development Agreement with
Date of Document, 20
Signor(s) Other Than Narned Above.
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN BER1w+ARDI O)
On _ W . .I , 2005, before me, 0-1r4?ki notary
public, personally appeared .lack Dan,gerrnond, personally known to me 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 dtt the instrument the
person,or entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
_ �... KARM J.SMS
COMM=
Ili
TATE OF CALIFORNIA }
ss.
COUNTY OF SAN BERNARDINO)
On 2005, before me, notary
public, personally appeared Laura Dangermond, peisonally known to e to be the person
whose name is subscribed to the within instrument and; acknowledged to me that she
executed the same in her authorized capacity,;and that by her signature on the instrument
the person, or entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
�ik .v
N un
17
Oft I oun fa
my Coo,*"Fit,
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO)
On 2005, before me, ' c ' notary
public, personally appeared Logan Hardison, personally known to ane` o be the person
whose name is subscribed to the within instrument and acknowledged to nye that he
executed the same in his authorized capacity, and that by his signature on the instrument the
person„ or entity upon behalf of which the person acted, executed the instrument.
WITNESS nay hand and official seal,
, ieg �,.,
KAREN 1,S)"K
40TH
Cot Fqos F#j.1,zJ
STATE OF CALIFORNIA;
ss.
COUNTY OF SAN BERNARDINO)
On 205. before me, , notary:
public, personally appeared Jahn D. McAlearney, Jr. personally known to me 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 instrurnent the
person, or entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
ANNEMARIE MEAD
_ conff$Slon t 1560201
' tea ry Pubttc--CM
v son Bernardino County
01MY comm. apiro s Mvt , 211119
[tjm\agr \dev agrrnt 14?ciean LSI doc 17
Fe-Mtr$ionxty r; i►fS ewn-d l
SWM
1
Parceb 0171-021 1
PAR 1.
THAT PORTION OF BLOCK 29, BARTON RANCH, IN THE CITY' OF RSP S, COUIM OF SAN
BER O, STATS OF CALIFORNIA, AS PER PLAT RSC09DED IN BOOK 6 OF MAPS, PAGE
19, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS
COMMENCINGAT THE INTERSECTION OF THE CENTERLXNXOF NEW YORK STREET
SOUTH LIM OF THE NORTH 1/2 OF SAID BLOCK 29, P90DUCED IMSTERLYI
THENCE NORTH" Oi 43' 15" WEST ALONG THE CENTERLMOF SAID NEW YORK STREET, 320.0
FIST TO TIM TRUE 'POINT OF BEGINNING;
THENCR NORTH 890' ai' 32" BUT PARALLEL WITH THE AFORESAID SOUTH L33FE OF THE NORTH
1/2 OF BLOCK 29 616.00
THENCE NORTH 0" 63' 15" WEST PARALLEL WITH THE CENTERLINS OF SAID NEW YORK
STREET, 00.00 FRET TO A POINT ON THE NORTH LIM OF THE SOUTH 400 FEET OF SAID
NORTH1/2 OF BLOCK 29 OF THE BARTON RANCHj
THENCE SOUTH 89' 54' 326 WEST ALONG THE NORTH LnM OF THE SOUTH 600 FEET OF SAID
NORTH 1/2 OF BLOCK 29, 616.00 F TO A POINT ON THE CBNTRRLnM OF SAM NEW YORK
THENCE SOUTH 00 43' 15'" EAST ALONG THE CENTERLIM OF NEW YORK STREET, GO d0 FEET
TO THE POINT OF BEG
EXCEPTING THEREFROM THE WESTERLY 40 FEET LYING WITHIN NEW YORK STREET.
ALSO MCCUPTINO THURRV9014 THAT PORTION CONVEYED TO THE CITY OF MMXJUMS BY D
RECORDED DNCW4SZR 23, 1935 IN BOOK 1108, PAGE 367 OFFICIAL RECORDS OF SAM
COUNTY DESCRIBED AS
FlOLL()W8-
BEGINNING AT A POINT ON THE EMT LINE OF NEW YORK STi , SAID POMNT BEING THE
NORTHWEST CORNER OF THE SOUTH 400 FEET OF THE [ASST 853.30 OF THE NORTH 1/2
OF SAID 814= 29
THENCE ALONG THE NORTH LINE OF THE AFORESAID400 FEET, EMT 50
THENCE SOUTHWESTERLY 54.60 PER TO A POINT ON THE EAST LINE OF NEW YORK STREETI
THMCZ NQ THE EMT LINX OF M YORK STREET NORTH 22 FEET TO THE POINT OF
BEGINNING;
i
XH �41- t
Fit vioAtA-
l."j 4L e4
Parc
PARCEL 2
THAT PORTION OF BLOCK 29, BARTON RANCH, OF REDLANDS, COUNTY OF SAN
BMUULRDIM, STATR OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PA02
19, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWSS
COM4MCING AT THE INTERSECTION OF THE CINTERLINSOF NEW YORK STREET AND THS
SOUTH LINE OF THE NORTH 1/2 4F SAID BLOCK 29, PRODUCED WXSTZRLYj
THzNCZ NOR 89* 541 3211 EAST ALONG THE SOUTH LINS OF SAID NORT8 1/2 OF BLOCK 29,
616.00 FINTI
ENM CONTINUING ALONG THR SOUTH LINE OF SAM NORTH 1/2 OF SAID DIAXX 29
275.72 TO A POINT 386.8 FEET WEST OF THE NUT LINE OF TEXAS STREET AS SHOWN
ON SAID MAP;
NORTHMtCx 00 42' 12' WEST PARALLEL WITH THE NUT LINE OF SAM TEXAS STRERT,
290.70 FRET TO THE SOUTR RIG= OF WAY LINE OF REDLMM H -WORNMY KNOWS
AS .CMrrRAL AVENUE AND FORMERLY KNOW AS RIGHWAY 991
CR NORTH S O* 15, 45, WEST ALONG SAM RIGHT OF *AY LINE, 23.24 FEET TO THE
SOUTHEAST ST OF THAT CERTAIN PARCEL OF LAND CCNVKM TO 'THX CITr OF MMLAMS
By DEED RECORDED SEPTEMBER 28 1934 IN BOOK 996, PAGE 195 OFFICIAL S OF
SAM COUNTIr, SAID CORNIX ALSO BRIM THR TRUE POINT OF BRGnwnwj
THERM SOUTH 890 54, 32* WEST AXONG THE SOUTH LINE OF THR AFORESAID PAR
CONVNM TO THE CITY OF REDLANDS, SO.OS FEET TO AN 'AMA POINT T x
TRENCH NORTH SS' 15' 45" WEST ALAN40 THE SOMMMESTRRLY LM OF THS AFORESAID
PARCEL CM TO THE CITY OF REDLANDS,- 183.41 FEET TO TUN MOST WOBTIRLY CORNER
OF THR AFORESAID PARCEL CXMWM TO TUR CITY OF RJOLANDS1
TNENCX SOUW 89* 34' 32" WNST PAiALLEf. WITS THE SOUTH LINE OF THR NORTH 1/2 1F
SAID BLOCK 29, 44.15 S
THENM SOUTH 00 43' 15K BAST 56..50 FlMTj
THMlCX NORTH 67* 410' 38" EAST 62.93 r
TIOMCR' S S8* 1S* 450 BUT 227.35
THEM WORTH 0* 42' 12■ WEST 47.35
THENCE NORTH 31• 44' 15' RUT 10.04 TO TH8 TRUE POINT or S
ar # +• c � L -" •< moi: ! • ;4M :;c
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PARCEL OR
THAT PORTION OF BLOCK 39, BARTON RANCH, IN THE CITY OF REDLANDS, COUNTY OF SAN
OMW4WINO, STATE OF ChJLJFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGI
19, RZOORDS OF SAID COUNTY, DESCRIBED AS POLLOWSt
COMMENCING AT THS INTERSIt"MOKOF THE CENTER LIM OF NXII YORE STREET
soms Ln= 07 TIM NORTH 1/2 OF S= BLOCK 29, PROM= WOSTIRLY1
THENCE TR 89* 54' 33* EMT AXAM TUN SOUTH LINSOF S= NORTH 1/x2 OF BLOCK
1!61.00
THENCE CONTINUING ALONG THE SOUTH LINE OF SAID MOM 1/3 OF S BLOCK 29,;
275.71 TO A POINT 396.8 FIXT NUT OF TIM WEST LINE OF TEXAS STREET, AS
SHOW ON SAID MAP;
THENCE S* 41' 12'' WEST, PARALLEL WITH WEST LINE Or TWW, STREET,
390.70 TO THE SOUTH RIGHTor way LnmOF RZXAMDS D, FORMERLY KNOWN
AS " AVENUE AND VORMORLY KNOWN AS HI Y• 99;
THENCE NORTH 58* 15' 48* WEST ALONG SAID RIGHT OF WAY LINII, 33.34 FMT TO THE
SOUTHEAST CORNER OF THAT CURMUN FARM OF LAW CW=ZD TO THE CITY OF
BY DRED RECORDED SEPTEMBER 28, 1934 IN SOOZ 996 PAM 195O"XCIAL
RECORDS OF SAID COMITY, SAID CORNER ALSO R93NG THE TRUE POINT OF B I t
TRENCH SOUTH 89* S4' 32* WEST ALONG THE SOUTH LIMS OF THE AFORESAID VARCHL
COVnMW TO THR CIW OF REDLANDS, 56.85 F TO AN ANGLE PO f
THENCR NORTH 588 5' 4 5* NUT ALONG THU SOUTHWESTERLY LINE OF THE AFORESAID
PARCEL "CRY'VZ TO THE CITY OF REDLANDS, 183.41 PUT TO THU MST WESTERLY CORNER
OF TUN AFORESAID VARCXL COXVVYW TO THE CITY OF RADLAND81
THZXCX SOUTH 89* 54' 32* NUT, P , LBL WITH SOUTH LINE OF THE NORTH1/3 OF
SAID RLOC3t 39, 44.18 1
THANCII SOUTH 0* 43' 15" BUT, 56.50
THENCE NORTH 67* 41' 38* EAST, 69.93
TRENCH SCKPrA 58* 15' 450 EAST, 327.35 ;
THENCE NORTH 0. 42' 13* WEST, 47.35 t
TH8NC2 NORTH 31'" 44' 150 BAST, 10.04 FEET TO THE THU POINT CSF BEGINNING.
SAID SASSIOURIT WAS CRJMTZD BY AND I$ PURSUANT TO THE 09ANT OF SUSMUNTS AND
DECLARATION OF COVENANTS RECORDED AUGUST 3, 199+11 AS INSTRUMENT NO. 90-306509
OFFICIAL RVC09W.,
PARM 3x
A PERPETUAL, NOX-EXCLUSIVS FASSMENT FOR INGRESS, S AND UTILITIES DPW,
OVER, MODER AND ACROSS THAT RTI OF BIA= 39 , IN THE CITY OF
RMX S, O=Wr OF S040=100, STATS OF CALIFORNIA, AS PER PLAT INCORDED IN
BOOK 6 01P MAPS, P 19°, RECORDS OF SAID COMITY, DESCRIBED AS FOLLOWS.-
CO"4ENCTRIGAT INTERSECTION OF THE CENTER LINE OF NNW YORK STREET
SOUTH LINE or Tm NORTH 1/'3 OF SAM BLOCK 39, PRODUCED WZSTMYj
THEIKS NORTH 89* 54' 3.7 T ALONG TRZ SOUTE LIM OF SAID HUTH 1/2 OF BLOCX 29,
616
TWICE CONTINUING ALONG TUB SOUTS LINE OF SAM NORTH 1/9 OF SAID BLOM 29,
275.71 FXXT TO A POINT 186..9 FEET MT OF THE WEST LIM OF TJVUkS STREET, AS
SH ;;
THENCE NORTH 0* 43' 12* WEST, PARALLEL WITHT LnIX Or SAID TEXAS STREET,
290.70 FXXT TO THE SOUTH RIGST Or WhY LIM OF RHDIAMS BOMXVMW, FORMERLY KNOWN
AS CENTRAL A'47 LY KNOWN AS HIGHWAY 99, THIS POINT ALSO BRIM THE
r4tre G( OWACAC V 041 AL t.0fr L4 s c r
BALM 0171:"2 -��
TRUE POINT OF INwi
BOOM 58• 15' 45" NUT ALONG SAM RIGHT OF WXY tMil, 33.0
FENTi SOUTH 310 44' 15" MW ATEIGHT ANULSS To S= RIGHT �
or ' L33M, SS.i!6
NORTH00 42" 120 NUT, 65.25 TO THU POINT OF B
SAID EASEMENT VU CREATED BY AMD IS OF 5
AJW LICENSE RECORDEDMXY Sib, 1990 INSTRUMENT 09AN OF OFPXCXAL RECORDS.
PARCEL 4
A NOW-EXCLUSTW EMEMENT OVER$ MDER ANDACROSS TIM BOOM 20 FEET OF
TRZ
8IRVIE T TENEMENT FOR THE PURPOSE OF 3:XSTALLXM, CAUSINGTo an ImTxt"w,
MALnrrAIXIWQ OR CAUSIM TO BE MA
1�q► , , �� , * 1' SSI or LS TELEVISION S WCZ,
PR IL1 IN Br 8T P I
, T�'► SB S
"COt&j=XVXLY . LIT „) SXRVX IN THE DOKDUM Tarma"T.
SAID SiMMENT TENEMENT IS DESCR3MBD AS FO
THAT PORTION OF BLOCK 39, BARTOW RANCH, IN THE CITY OF REDLANDS, COUNTr OF SAN
HS , 6TAT3 OF C&LIFORRM, AS PER PLAT RXCORDXD IN BOOK 6 OFMpg,,
19, RECORDS OF SAZD CCKR", DESCRIBED AS FOLLOOrgis
BlwnmxmATTHE INTERSECTIONOr THE amma LINK of MEN yoRr STREET
SOOTH LINE OF TUB NORTH 1/3 OF SAID BLOCK 39, 1PR T,
TRXXCV WORTH 0* 431 15* WEST ALONG THE CENTER Wit aF ahm MEN YORK STREET,
320.0 i FRETI
TXlWC2 WORTH 89' S4, 32f EAST At4M A LINK PARALLEL WITH THE AFORNSAM S-UTg L
INE
or THm N=Tjt 1/2 OF aAXD BLOCK 39, A DXSTANCE OF 626.00
TREECE SOUTH 00 431 15* EAST, PARALLEL WITH THE CKETgESA= X"
STREET, 33{x.00 TO A �nft CFYORK
H 35
S OrTHE APORXSAID NORTH1/2 OF
TZl +CX SOUTH 89* 541 320 WESTALCM THE ApORESA= S IAF T8 1/Z*OF
39, 161.00 BT PO op 8
zxC THERSPROM THE WESTERLY 40 FEET LYING WITHIN MM y0RK STREET.
SAID W WU CRZAT= BY AND ISGRANT OF
XKSXMlWT AMD
LS'C" }F S B 27' 1.996 ST
RUMENTOFFLUATXONICIAL S. 86-31#66+1
PAXCXL St
AS OV=' Won ACROSS THE NoltTs
TXX SOUTH 30 � 00 TUN S 1Q CF
CAUSING TO T � Sx OF INSTALLING,
SB STAB , .'& 1 #1
SSI OF 5 � , L S R Tux
ANY OTHER 81MILAR a P , _ ;
, F , ISI
01 TO BE PROVIDXD IN THE FUTURE PRITMTS OR BY AXY
PUBLIC UTILITY (COLLECTrMT m S
SAID SIRVIENT TMMUW IS DXSCRIHEU AS FCS Nig s
THAT PORTION OF SWCZ 39, vF am
, , COUNTY
CF
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Pay ceb 0171-161-14, 15
PARCELS 1 AND 2 OF PARCEL MAP NO. 14573, IN TAE CITY of REDLANDS, IN THE
COUNTY OF SAIL BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BWK
174, P 20 AND 21 OF PARCEL MAPS, IN THE OFFICE OF THE COMITY RRCORDHR OF
SAID COUNTY.
HIBIL r
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plath 0171-171-121212 And 23
PARCEL A
PARCEL 1 OF PARCEL MAP W. 5350, IN THE COUNTY O SAN BERNARDINO, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 60 OF PARCEL MAPS, PAGE 45, 115
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 8
PARCEL 90. 2 OF PARCEL NAP NO. 53SCI, IN THE COUNTY OF SAX BE . D I NNCI, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN 8 OOK Ell OF PARCEL MAPS, PAGE 45, IN THE
OFFICE OF THE COUNTY RECORDER OF SA I Q COUNTY.
..
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS F
COMMEWING AT THE I NNTERSECT I OF THE CENTERLINE OF NEW YORK STREET AX8 STATE
STREET (FORMERLY C I TRIS AVENUE)
THENCE NORTHERLY ALONG SA I II CENNTERL I NE OF NEW YORK STREET NORTH 0, 43' IS- WEST A
DISTANCE OF 36.02 FEET TO THE TRUE PCI I NIT OF BEG I INN.'!I NNG
THENCE NNC Qr 43' 15" WEST ALONG THE CENTERLINE INE CIF NEW YORK STREET A DISTANCE
OF 135.50 FEET TO THE SOUTHWEST CORNER OF AFORESAID PARCEL 2;
THENCE NORTH CI° 43' 16" WEST,ALONG THE CENTERLIME OF NEW YORK STREET ,A DISTANCE
OF 3.55 FEET,
THENCE NORTH 890
51, 15" EAST A DISTANCE OF 188.69 FEET;
THENCE SOUTH CI• ' 12" EAST A DISTANCE OF 50.00 FEET;
THENCE SOUTH 61" 46' 11" WEST A DISTANCE OF 186.93 FEET,
THENCE SOUTH 75' 06' 34" WEST A DISTANCE OF 41.25 FEET TO THE TRUE PCI I NNT OF
BEG I NlNI I .
EXHIBIT-
±j=4,lj
A cued 5,
Parsda QIZI-171-12*12 and 23
PARCEL C.
ALL THAT PORT ION OF BLOCK 29 OF THE BARTOW MUCH IN THE CITY OF REDLANDS, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK B OF
PAGE 19, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER LINE INTERSECTION OF WEST STATE STREET AND TEXAS
STREET:
THENCE ALONG THE CENTER LINE OF WEST STATE STREET NORTH 731, 07' WEST 55.82 FEET
(NORTH 73- DSI" NEST 55.8 FEET RECORDED) TO AN ANGLE POINT THEREIN;
THENCE NORTH 84" 52, 16" CHEST 275.87 (FEET (NORTH 840 54' 'NEST 276 FEET RECORDED)
TO AN ANGLE POINT THEREIN:
THENCE C I NU I NG MOM 84. 52' 15" WEST 12.38 FEET TO A PTCI I IMT ON A LINE WHICH IS
300 FEET IIIIEST OF THE NEST LINE OF 80 FOOT WIDE TEXAS STREET:
THENCE.. ALONG SAID LINE NORTH O. 40' WEST 87.3 FEET TO POINT ON A LINE RUNNING
THROUGH SAID BLOCK 29 FROM EAST TO WEST, NH I C:H LINE WHEN EXTENDED NEST WOULD
D I V I DE BLOCK 29, AS SHOWN ON THE MAP OF SA I D BARTON RANCH I NTD TWO EQUAL PARTS,
AND WH I CH EXTENDED LINE WOULD BE THE SOUTH LINE OF THE WORTH 1/2 AND THE WORTH
LINE OF THE SOUTH 1/2 OF SAID BLOCK 29
THENCE ALONG SAID LINE SOUTH 89054' 30" WEST 86.38 FEET TO THE TRUE POINT C
BEGINNING;
THENCE FROM THE 'TRUE Pt1 I NT OF BEG I NN I NSC, SOUTH 0. 40' EAST 29 FEET, MME OR LESS,
TO A PO I IMT ON A CURVE IN THE NORTHWESTERLY LINE OF 80 FOOT WIDE SOUTHERN P'AC:I F I C
1 ALA RIGHT OF 'NAY
THENCE NORTHEASTERLY ALONG SAID CURVE 59 FEET, MORE OR LESS, TO A POINT ON THE
AFORESAID LINE RUNNING THROUGH BLOCK 29 FROM EAST TO
THENCE ALONG SAID L I NLE SOUTH 89* 54' 30" WEST :51 FEET, _MORE Oft LESS, TO THE TRUE
POINT OF BEGINNING
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Par ch 9171-17 - 1.2
THAT PORTION OF BLOCX 29 OF BARTON RANCH, IN THE CITE` OF REDLANDS, COUNTY OF
SAB smuomn4o, STATE OF CALIFORNIA, ,A8 PER MAP RECORDED6, PAGE 19
OF MAPS, IN THE OFFICE 4F THU COUNTY RECOIWZR1F ;SAID COUNTY, BEING MORN
PARTICULARLY DESCRIBED AS THAT PORTION OF D n 1W THU DMW TO
T.R. LANGLEY AM J.2. COOK, RECORDED JUNE 11, 1859, IN BOOK 101, PAM 1 OF
DUDS, IN SAID, OFFICEOF TEX COMITY RECORDER, LYING WITHIN THE LINES Or A
STRIP OF LAM, 50 FEET IN WMM, AS DESCRIBED 1N THE DEED TO THE SOUTH=
PACIFIC RAILROAD COMPANY, RECORDED NOVEMBER 27, 1`891 IN BOOIK 142, PAGE 339 OF
SA.W DERDS.
,
EXCEPTINGFROM ALL MINERALS AXDmnWtAL RIGHTS, INTERESTS AND ROYALTIES,
INCLUDING Wrn=T LIMITING THE GENERALITY THEREOF, OIL, QU AM OTHER
HYDROCARBON SUBSTANCES, 14S MSTAZLIC OR OTHER SOLID MINERALS, LYING
BRUM A: PLANE 500 FEET BRIOM THE SURFACE OF TEX PROPERTY: HOWEVER, GRANWR OR
ITS SUCCESSORS AND ASSIGNS, SMALL NOT H VIA THU RIGHT FOR ANY PURPOSE
WEATSOWVZR TO ENTER UPON, M0TO OR THROUGH THE SURFhCZ OF THU PROPERTY TT IN
CONNECTION THEREWITH, .AS RESERVED 31N THE DEED RECORDED AUGUST 1.9, 1992, AS
INSTRUMENT lam. 92-W345614, OFFICIAL RECORDS.
EXHIBIT ,# -1,
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411
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Parcel 171-171A
ALL T PORTION OF BLOCK 39, SARTON RANCH, IN THE CITY OF REDLANDS, COMM OF
SAN BERNARDINO, STATE 4F CALIFORNIA, AS PER, MAP RSCORDID IN BOOK 6 OF MAPS, PAGE
19, AND ALL THAT PORTION OF LOT 2, BLOCK MMI, ADDITION NO. 6 70 SECOND
PRxLxmnwT ETF PtEDLANDS, IN THE CITY OF JUMLANDS, COUNTY OF SAN SMOM
STATE OF CALIFORNIA, AS P=t PLAT RECORDED IN SOOK 9 OF MAPS, PAGE 6, IN THE
OFFICEOF THE COUNTY RIC09DER OF SAID COUNTY, DESCRIBED A WHOLE AS FO S s
COMMING AT THE INTS"NCTION OF TIM EAST LnM OF SAID BLOCK 29, OF SAID SARTON
RANCH, WITH THE SOUTHERLY ARY OF THR 50 FOOT RIGHT OF WAY OF SOUTHERN
PACIFIC RAILROAD COMPANY, AS DESCRIBED IFi DENO RECORDEDIN _BOOK 163 Or DMMS,
PAGE 2391'
THENCE SOUTHERLY AU'TNCi THE EASTERLY LINE OF BLOCK 29, BRING ALSO THE WESTERLY
LINE OF TEXAS S TO THE NORTHERLY LnU OF WEST STATE STREET, 65 PUNT WIDE,
AS SHOWN ON THE MAP OF MOORE AND WOODWORTH BROOX8102 SUBDIVISION, AS PME PLAT"
RECORDED IN BOOK 23 OF MAPS, PAGE 19, RECORDS Or .SAN SWU4ARDINO, COMM;
TassaR WESTERLY AND SOUTHERLY BC) ? LIRE CFF SAID STATE sTRm To
ITS INTERSECTION WITH A Lm macs IS PARALIAL'WXTH AM DISTANT 140
WESTERLY,; MEASURED AT RIGHT ANGLES, FROM THS WEST LINE OF TEXAS S l
THENCE NORTHERLY ALONG SAID VARALLEL LnM TO ITS INTERSINMON WITH TER SOUTHERLY
BOUNDARY LIM OF RIGHT OF WAY OF SOUTHERN PACIFIC RAILROAD
CE NORTHEASTERLY ALONG THE SOUMARY"'OF SAID RAILROADRIGHT OF WAY To THE
POINT OF F#
EXCEPT THEREFROM T PORTIOlt CONVEYED TO TFC CITY OF REDLANDS RECORDED MAY 19,
1978 IN BOOK 9436, PAGE 1772 OFFICIAL RECORDS.
ALSO EXCEPT THERLOPROM THR` OIL, GAS, AM OTHER MI, S IN AMD UNDER SAID
PROPERTY T RT, WITH THE RXCLUSr" RIGHT TO USE SUCK PORTIONOFPROPERTY
LY THAN' SOO PEST WIDOR THE SUR.FACR FOR, THE EXTRACTIONOF OIL, , AND
MINERALS FROM SAID PROPERTY CAR PROPERTY IN TUB VICINITY TMMF,, HOWEVER, WITH
NO RIGHT OF SURFACE ENTRY, BY ,MOBIL OIL CORPORATrOff, FORMERLY SOCONY MOBIL OIL
COMPANY, INC., A CORPORATION ORGMIZRD UNDER THE LAWS Or THE STATE Or NNW YORK,
RECORDED JULY 16, 1965 IN BOOK 7059, PAM 901 OFFICIAL RECOSMS.
X -