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HomeMy WebLinkAboutDeeds & Easements_R-27AGREEMENT BETWEEN REDLANDS AND SEVEN W ENTERPRISES, INC. FOR A WELL SITE AND PROPERTY EXCHANGE This Agreement is made this 22 day of April, 1987, between the CITY OF REDLANDS, a municipal corporation (herein- after "REDLANDS") and SEVEN W ENTERPRISES, INC., a Delaware cor- poration (hereinafter "7W"). Recitals 1. 7W owns a parcel of land near Crafton Avenue and Madeira in Redlands, California, as shown on the map attached hereto as EXHIBIT "A" and incorporated by this reference. 2. REDLANDS wishes to acquire a portion of the prop- erty referred to in paragraph 1., in order to develop a new well for municipal use. The proposed well site is located on the north side of Madeira 100 feet east of the southwest property corner of the 7W property and is approximately 50 by 50 feet in size. 3. REDLANDS owns certain property in Redlands as shown on the map attached hereto as EXHIBIT "B" and incorporated herein by this reference, which it wishes to convey to 7W in exchange for the proposed well site. 4. 7W is willing to convey the proposed well site to REDLANDS in exchange for the property that REDLANDS has offered to 7W, provided REDLANDS agrees to certain conditions with re- spect to the use of the well site, and further provided that REDLANDS releases 7W from any liability with respect to the condition of the property and with respect to the possibility that geologic hazards and toxic waste contamination may exist on the proposed well site property. NOW, THEREFORE, in consideration of the foregoing, and of the mutual promises ande•covenants contained herein, the par- ties agree as follows: 5. 7W agrees to convey by grant deed in fee simple the property located near Madeira and Crafton, consisting of a 50 by 50 foot parcel referred to in paragraph 2., the legal descrip- tion of which is attached hereto as EXHIBIT "C" and incorporated by this reference, to REDLANDS, for a municipal well site, sub- ject to the conditions, restrictions and understandings set forth in this Agreement. 6. REDLANDS agrees that its only intended use of the property is for a municipal well. If the property is found to be unusable for this purpose before a well is constructed and put into operation, the property will revert to 7W. If a well is completed and put into operation and, thereafter, abandoned by REDLANDS, the property will then revert to 7W. The well will be considered abandoned and the property shall revert to 7W if for any reason the well is not used for any consecutive twelve (12) month period to serve the requirements of customers of the City of Redlands. 7. In the event the property reverts to 7W, all well equipment, including pumps, motors, valves, piping and other 2 appurtenances installed by REDLANDS shall remain REDLANDS' prop- erty and shall be removed within sixty (60) days of well abandon- ment, except for the well casing, which shall remain in the ground. 8. REDLANDS further agrees not to construct any other facility on the property that is not normal to the operation of a municipal well and, in particular, not to construct aeration towers for the removal of volatile organics. REDLANDS agrees to landscape and maintain the property in an aesthetically pleasing manner. 9. REDLANDS understands that 7W makes no warranty as to the condition of the property to be deeded to REDLANDS, or to any condition affecting the property including, without limita- tion, geological hazards or the presence or absence of toxic sub- stances, and REDLANDS agrees to the language attached hereto as EXHIBIT "D" and incorporated in this Agreement by this reference, and by execution of this Agreement ratifies the terms and condi- tions of that language as binding on REDLANDS. 10. There are three (3) underground fuel tanks located on the property owned by 7W which is adjacent to the parcel to be deeded to REDLANDS. The County of San Bernardino is currently formulating underground tank regulations. 7W agrees to bear the expense of requirements imposed by these regulations except that if the proximity of the proposed well should cause an additional expense for monitoring or compliance with the regulations, REDLANDS agrees to bear the additional costs thereof. 3 11. REDLANDS agrees to convey to 7W by grant deed in fee simple that certain property shown on EXHIBIT "B", the legal description of which is attached and incorporated hereto as EXHIBIT "E", reserving to itself an access easement approximately 25 feet wide over the existing pipeline and an approximately 50 by 50 foot square easement for the existing Lugonia Well No. 4 which shall remain in use by REDLANDS. The access easement and well site are shown on EXHIBIT "B" and described in EXHIBIT "E". REDLANDS shall convey such property to 7W with notice to 7W of adjacent water spreading operations which may affect the level of groundwater beneath such property. REDLANDS makes no warranty, express or implied, with respect to the presence or absence of groundwater or the levels of groundwater which may from time to time affect such property, and agrees to convey such property to 7W upon the condition that such conveyance is accepted by 7W on this basis. 12. REDLANDS agrees that if it fails to use the exist- ing well for any consecutive eighteen (18) month period to serve the requirements of the customers of REDLANDS, the well shall be considered abandoned. All equipment, including pumps, motors, valves, piping and other appurtenances installed by REDLANDS shall be the property of REDLANDS and shall be removed within sixty (60) days of abandonment, except for the well casing, which shall remain in the ground. If the well is abandoned by REDLANDS, REDLANDS agrees to convey the access easement and the well ease- ment to 7W. 4 13. REDLANDS agrees to modify its existing agreement with the San Bernardino Valley Water Conservation District by eliminating the water spreading rights of the San Bernardino Valley Water Conservation District over the entire property shown on EXHIBIT "B" (including the property designated as the "Parcel to be conveyed to Seven W Enterprises") and described in EXHIBIT 14. If 7W is from the San Bernardino approximately 1.6 acres Street, which lies east successful in negotiating the acquisition Valley Water Conservation District of of property commonly known as Seventh of 7W's existing property at Crafton Avenue and Madeira Avenue, then REDLANDS shall cooperate with 7W in implementing leasing any and respect to such tions, its acquisition of such all reversionary rights property and approving, property, including re - which REDLANDS holds with with reasonable condi- any minor subdivision application or lot line adjustment application which may be necessary for the conveyance of such property by the San Bernardino Valley Water Conservation District to 7W. 15. The parties shall take such further steps and sign such further documents carry out the purposes 16. As soon the parties enter into to 7W, take such steps as may be necessary from time to time to of this Agreement. as is reasonably practicable after the date this Agreement, REDLANDS shall, at no cost as may be necessary to issue a certificate of compliance pursuant to its ordinances and the Subdivision Map 5 Act, with respect to the subdivision of 7W's property in order to convey the proposed well site to REDLANDS. 17. Any notice or instrument required to be given or delivered pursuant to this Agreement shall be given or delivered by personal delivery or by depositing same in any United States Post Office, registered or certified mail, postage prepaid, ad- dressed to: 7W Seven W Enterprises, Inc. 1500 Crafton Avenue P.O. Box 111 Redlands, CA 92373 Attention: Wanda M. Weder REDLANDS City of Redlands 30 Cajon Street P.O. Box 280 Redlands, CA 92373 The delivery of such notices shall be effective upon receipt thereof by the party to whom such notice or other instrument is addressed. 18. If any action, at law or in equity, including any action for declaratory the provisions of this entitled to reasonable relief, is brought to enforce or interpret Agreement, the prevailing party shall be attorneys' fees and costs in addition to any other relief to which it might be entitled. 19. This Agreement may be executed in counterparts, each of which shall be deemed an original, and which together shall be deemed a single agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. 6 ATTEST: REDLANDS City lerk DATED: April 22, 1987 DATED: By: CITY OF REDLANDS, a municipal corporation BY: Mayor 7W SEVEN W ENTERPRISES, INC., a Delaware corporation 1987 By: 1/%?. e61��. ItS,il APPROVED AS TO FORM: BEST, BEST & KRIEGER tAV City Counsel for CITY OF REDLANDS GRESHAM, VARNER, SAVAGE, NOLAN & TILDEN By: /fi 44, Counsel for SEVEN W ENTERPRISES, INC. M2 7 • X .• OF A PORTION OF LOTS 4, S, 6, AND . 7 OF BLOCK 13 AND A PORTION OF LOT 2, BLOCK 19 OF ':THE MENTONE STRETCH MAP, AS RECORDED IN BOOK 8, PAGE 81, OF•• MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA f0 I "iP NO TAG SFT TAG GS 285I lt1 -SCALE: /'..• $< • 'it i Z 0 lLii- N89°59.0T"W ? Q 50.00 W U nL otn 4nlo •3Io . Is I to QUO -0t ot� 00 mi 40. ZI 50.00 1z rI } Si/ 1.0 •o zt o •'w; .� IJ9.06� `'�, &__0.o0-�YI7-tu�}AVE. N89°590V I? • OF A PORTION OF•' LOTS- q,5, 6; AND 7 OF'BLOCK ..3 AND A PORTION OF LOT 2, BLOCK 19 OFJHE MENTONE STRETCH MAP, AS RECORDED 'IN .BOOK 8,PAGE 81, ' OF• MAPS, • RECORDS OF SAN BERNARDINO CQUNTY;.CALIFORNIA gn e 0 N �89'47 'leg "ya/ •'58.83' / 2oO' _Ne` t7o09G19, W `"70.00 -: 4NT:4-RPRZZES 6'90 59'07 " - 705, 981 ° A? • 4 a N vo'oo'cta"( • 3 HICKS & HARTWICK• CIVIL ENGINEERS LAND SURVEYORS 37 EAST OLIVE AVENUE MAILING AOONESS: P. U. Box 104E REOLANCIS. CALIFORNIA 92373 PHONE; 17141 793-2257 LEGAL DESCRIPTION FOR CITY OF REDLANDS (Well Site - 7 W Project) That portion of Lot 10, Block 13 of the MENTONE STRETCH MAP, as recorded in Book 8 of•Maps, Page 81, records of San Bernardino County, State of California, described as follows: COMMENCING at the centerline intersection of Crafton Avenue and Madeira Avenue, •as shown by Tract No. 2569, as per plat recorded in Book 36 of Maps, Page 72, records of said County; the basis of bearings for this description being the centerline of Crafton Avenue, as shown by said tract map as having a bearing of North 1° 39' 00" West; thence from the point of commencement South 89° 59' 07" East along the centerline of Madeira Avenue 139.06 feet; thence at right angles North 00° 00' 53" East 33.00 feet to a point on the North right of way line of Madeira Avenue, said point being the TRUE POINT OF BEGINNING; thence continuing North 00° 00' 53" East 50.00 feet; thence at right angles South 89° 59' 07" East parallel with the centerline of said .Madeira Avenue, 50.00 feet; thence at right angles South 00° 00' 53" Vest 50.00 feet to the North right of way line. of said Madeira Avenue; thence North 89° 59' 07" West along the North right of way line of said Madeira Avenue, 50.00 feet to the point of beginning. June 5, 1986 Ikr?,00 H. R.%Hartwick L. S. No. 2851 EXHIBIT "C" The above signature and seal indicate that this description was prepared by the named engineer or surveyor and said engineer or •.urvevor takes no responsibility as to the legality, of said des ription. A title insurance company must be consulted to insure the legality of this riescrinrinn. • The, Following Statement Forms A Part of Agreement Dated 'S=16-86 LANGUAGE REGARDING PROPERTY BEING TRANSFERRED BY SEVEN W ENTERPRISES, INC. TO. THE CITY OF REDLANDS The City of Redlands represents and warrants to Seven W Enterprises, Inc. that, before the conveyance of the subject real property, it shall do such testing of the subject real property as it deems appropriate to verify that the subject real property is satisfactory for its intended use. Seven W Enterprises, Inc. makes no warranty, express or•implied, with respect to any con- dition affecting the subject real property including, without limitation, geological hazards or the presence or absence of toxic substances and is agreeing to convey the subject real prop- erty to the City of Redlands only upon the condition that such conveyance is accepted by the City of'Redlands on an "as is basis.' In accepting the subject real property on an "as is" basis, the City of Redlands releases and discharges Seven W Enterprises, Inc. and its shareholders, directors, officers, successors and assigns from any 'liability resulting from any present or future condition affecting the subject real property, whether now known or unknown and, in giving this release, waives the provisions of Section 1542 of the California Civil Code. If any condition is later discovered with respect to the subject EXHIBIT "O"--PAGE ONE OF TWO PAGES real property including, without limitation, geological hazards or soil contamination,.the City of Redlands'shall, at''its 'sole cost, perform.all remedial work which may be'iegally necessary or appropriate under the circumstances and shall indemnify and hold Seven W Enterprises, Inc. and its shareholders, directors, officers, successors and assigns free and, harmless from any and al :.iabi. itY, loss, ccsts or daira_ :s with r_spect zhe_ s... The obligation of the City of Redlands to indemnify Seven W Enterprises, Inc.,wi7.1 terminate if said property reverts to Seven W Enterprises, Inc. due to the abandonment of the well. .ACKNOWLEDGED BY: City of Redlands Date: April 22, 1987 EXHIBIT "D".--PAGE TWO OF TWO PAGES 2 • LEGAL DESCRIPTION FOR THE CITY OF.REDLANDS (Parcel to be conveyed to 7W Enterprises, Inc., a Delawaree Corporation, by the City of Redlands) That portion of Lots 4, 5, 6 and 7 of Block 13 of the MENTONE STRETCH MAP and that portion of Lot 2 of Block 19 of the MENTONE -STRETCH MAP, as per pleat recorded in Book 8 of Maps, Page 81, iecords of San Bernardino County, State of California, described _as follows: COMMENCING at the centerline intersection of Crafton Avenue and Madeira Avenue, as said intersection is shown by Tract No. 2569, as per plat recorded in Book 36 of Maps, Page 72. records of said County; the basis of bearings for this legal description being the'centerline of said Crafton Avenue, as shown by said Tract No. 2569, said bearing being North 1 39' 00" West; thence from the point of commencement South 89 59' 07" East along the centerline of,.,Maderia Avenue,-2870.98 feet to the centerline intersection of Sapphire Avenue, as shown by Record 'of Survey recorded in Book 53 of Surveys, Page 39, records of said County; thence continuing along the centerline of said Madeira Avenue, South 89 45' 16" East 168.18 feet; thence North 00 00' 00" 'East 30.00 feet to the TRUE POINT OF BEGINNING, said point which is on the South line of said -Loth .2 of Block 19 of said MENTONE STRETCH' MAP, said point being:also South 89 59° 07" East'3040 feet from the centerline of said'Crafton Avenue, said point being also the Southwest 'corner of that certain parcel for land conveyed to the' San Bernardino Valley Water Conservation District as Parcel A and recorded in Hook . 9831',. Page 1182, Official Records. of said County; thence North 00 00° 00" East along the. westerly line of the aforesaid parcel conveyed to'San Bernardino Valley Water 'Conservation District, 597.00 1feet', thence West 169.02 feet, thence South 596.28 feet, thence Easterly to‘the Southwest corner of Parcel A as conveyed to the San Bernardino Valley Water Conservation District as recorded in Book 9831, Page 1182, official records 'of.said County,. said point being the point of beginning. RESERVING unto the Grantors, their heirs and assigns, the South 33.00 feet, said 33.00 feet being measured at right angles to the South line of the hereinabove described parcel, said 33.00 feet being in Madeira Avenue: (continued) EHXHIBIT "E"---PAGE ONE OF TWO PAGES ALSO RESERVING unto the Grantors, their heirs and assigns, an easement for ingress and egress for maintenance and operation of the existing well, said easement being described as follows: COMMENCING at the centerline intersection of Madeira Avenue and Sapphire Avenue, as shown by Record of Survey recorded in Book 53 of Surveys, Page 39, records of said County; thence South 89° 45' 16" East along the centerline of said Madeira Avenue, 13.32 feet; thence North 13° 41' 32" East 33.93 feet to the TRUE POINT OF BEGINNING of said easement, said point lying on the North right of way line of said Madeira Avenue; thence North 89° 45' 16" West along the North line of said Madeira Avenue 12.85 feet; thence North 13° 41' 32" East 264.20 feet; thence North 90° 00' 00" East 78.83 feet; thence at right angles South 00° 00' 00" West 50.00 feet; thence North 90° 00' 00" West 65.28 feet; thence South 13° 41' 32" West 2:12.85 feet to a point on the North right of way line of said Madeira Avenue, said point being South 89° 45' 16" East 12.85 feet from the point of beginning; thence North 89° 45' 16" West 12.85 feet to the point of beginning. EXHIBIT "E" -- PAGE TWO OF TWO PAGES All that portion of Lots 4, 5, 6 and 7 of Block 13 and Lot 2 of Block 19 of STRETCH MAP OF MENTONE, as per plat recorded in Book 8 of Maps, Page 81, County of San Bernardino, State of California, in the office of the County Recorder of said County, described as follows: BEGINNING at a point in the centerline of Madiera Avenue, said point being South 89°59'07" East 3040 feet from the center- line of Crafton Avenue; Thence North 935 feet; Thence East 120 feet; Thence North 170 feet; Thence North 30°00'00" West 70 feet; Thence North 55 feet to a point located 20 feet South of the centerline of a paved private road, known as Seventh Street (24 feet paved width), said point is also 100 feet more or less South of the South line of Section 17, Township 1 South, Range 2 West, S.B.B.&M.; Thence Westerly along a line parallel to and 20 feet South of the centerline of said Seventh Street and parallel to the South line of said Section 17, 950 feet more or less, to a point on a line which bears North 00°00'53" East from a point in the center- line of Madeira Avenue, located North 89°59'07" West 2165 feet from the intersection of the centerline of Crafton Avenue and Madeira Avenue; Thence South 00°00'53" West 1212 feet more or less to a point on the centerline of Madeira Avenue, located 2165 feet East of the centerline of Grafton Avenue; Thence South 89°47'42" East 875 feet to the point of beginning, containing 24 acres more or less. EXHIBIT "F" - PAGE ONE OF ONE Claim Claim Claim Claim Claim Claim Claim Resolution No. 41.87 Citrus Avenue Vacation Property Exchange Well Site ` June 3, 1986 Page six - On motion of Councilmember DeMirjyn, seconded by Councilmember Wormser, the claim of Rebecca Dawn Angus, r minor of Judy Angus, in the amount of $5, 500.00 was unanimously found not to be a proper charge against the City and therefore rejected. On motion of Councilmember DeMirjyn, seconded by Councilmember Wormser the claim of Ted R. Gerken in the amount of $15, 000.00 was unanimously found not to be a proper charge against the City and therefore rejected. On motion of Councilmember DeMirjyn, seconded by Councilmember Wormser, the claim of Marolyn J. Peters in an amount yet to be determined was unanimously found not to be a proper charge against the City and therefore rejected. On motion of Councilmember DeMirjyn, seconded by Councilmember Wormser, the claim of Michael Duane Warnecke in the amount of $185,000.00 was unanimously found not to be a proper charge against the City and therefore rejected. On motion of Councilmember DeMirjyn, seconded by Councilmember Wormser, the claim of Emilie Whitlatch in the amount of $150,000.00 was unanimously found not to be a proper charge against the City and therefore rejected. On motion of Councilmember DeMirjyn, seconded by Councilmember Wormser, the claim of Luella Froeliger in the amount of $15.00 was unanimously found not to be a proper charge against the City and therefore rejected. On motion of Councilmember DeMirjyn, seconded by Councilmember Wormser, the claim of Rabbi Cohn in an amount' yet to be determined was unanimously found not to be a proper charge against the City and therefore rejected. Resolution No. 4167, a resolution of the City Council declaring the intention to vacate a portion of Citrus Avenue and setting the public hearing on this street vacation for June 17, 1986, at 7 : 00 P.M. was unanimously adopted on motion of Councilmember DeMirjyn, seconded by Councilmember Wormser. On motion of Councilmember DeMirjyn, seconded by Councilmember Wormser, Council unanimously authorized the exchange of a parcel of City property approximately 169 feet by 596 feet located easterly of and adjacent to the existing eastern boundary of the Seven W Property (old Lockheed site) for a 50 foot by 50 foot parcel located approximately 100 feet east of the southwest corner of the Seven W property (near the corner of Crafton and Madeira Avenues as the location for a new domestic well, Irtiz Lii4 Y J"t.1t`S '1Lldn,l N RECORDED, PLFA,L, y rxAIL THIS INSTRUMENT TO City Clerk's Office City of Redlands P. O . Box 2090 Redlands, CA 92373 QUITCLAIM DE 87-143352 RECORDED IN OFFICIAL PECORDC ? APR 30 1:1:36 E g ,N B :iiNARDINO IN CONSIDERATION of One Dollar, receipt of which is hereby enca.dWd, SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to CITY OF REDLANDS all that real property in the City of Redlands, County of San Bernardino, State of California, described as: All rights to an easement granted to San Bernardino Valley Water Conservation Dis- trict to flow and convey water on and across the following described property for the purpose of water spreading and percolation purposes, and all rights of ingress and egress to said property, said easement being described as follows: All that portion of Lots 4, 5, 6 and 7 of Block 13 and Lot 2 of Block 19 of STRETCH MAP OF MENTONE, as per plat recorded in Book 8 of Maps, Page 81, County of San Bernardino, State of California, in the office of the County Recorder of said County, described as follows: BEGINNING at a point in the centerline of Madiera Avenue, said point being South 89° 59' 07" East 3040 feet from the centerline of Crafton Avenue; Thence North 935 feet; Thence East 120 feet; Thence North 170 feet; Thence North 30° 00' 00" West 70 feet; Thence North 55 feet to a point located 20 feet South of the centerline of a paved private road, known as Seventh Street (24 feet paved width), said point is also 100 feet more or less South of the South line of Section 17, Township 1 South, Range 2 West, S.B.B.&M.; Thence Westerly along a line parallel to and 20 feet South of the center- line of said Seventh Street and parallel to the South line of said Section 17, 950 feet more or less, to a point on a line which bears North 00° 00' 53" East from a point in the centerline of Madeira Avenue, located North 89° 59' 07" West 2165 feet from the intersection of the centerline of Crafton Avenue and Madeira Avenue; Thence South 00° 00' 53" West 1212 feet more or less to a point on the cen- terline of Madeira Avenue, located 2165 feet East of the centerline of Crafton Avenue; Thence South 89° 47' 42" East 875 feet to the point of beginning, contain- ing 24 acres more or less. Dated: / v/ M2- 81/ y ( 7 Ro15e;Z`t T. Paine Pre ident of Board of Directors ATTEST: /Ai k Secreta v 87-143352 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO) SS On December 8, 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert T. Paine, known to me to be the President of the Board of Directors of the SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT, and William J. Hiltgen, known to me to be Secretary to the Board of Direc- tors of the SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT, that executed the within instrument, and known to me to be the persons who executed the attached instrument on behalf of the Public Agency therein named, and acknowledged to me that such Public Agency executed the within instrument pursuant to a resolution of the Board of Directors on December 8, 1986. ITNESS my hand and official seal. RICHARD A. MULLIGAN NOTARY PUBLIC SAN BERNARnimw ��• CERTIFICATE OF OF ACCEPTANCE This is to certify that the interest in real property conveyed 87 the City of Redlands dated March 3 , from San Bernardino Valley Water Conservation District by accepted and to the City of Redlands, a governmetylereoial agency by itssdulyeauthorized officer . the Grantee consents to recordation Dated: 4/22/87 ,inv E. City' Manager, City of Redlands 87-143352 Claim Claim Claim Claim Claim Claim Claim Resolution No. 4167 Citrus Avenue Vacation Property Exchange Well Site June 3, 1986 Page six - On motion of Councilmember DeMirjyn, seconded by Councilmember Wormser, the claim of Rebecca Dawn Angus. a minor of Judy Angus, in the amount of $5,500.00 was unanimously found not to be a proper charge against the City and therefore rejected. On motion of Councilmember DeMirjyn, seconded by Councilmember Wormser the claim of Ted R. Gerken in the amount of $15, 000.00 was unanimously found not to be a proper charge against the City and therefore rejected. On motion of Councilmember DeMirjyn, seconded by Councilmember Wormser, the claim of Marolyn J. Peters in an amount yet to be determined was unanimously found not to be a proper charge against the City and therefore rejected. On motion of Councilmember DeMirjyn, seconded by Councilmember Wormser, the claim of Michael Duane Warnecke in the amount of $185, 000.00 was unanimously found not to be a proper charge against the City and therefore rejected. On motion of Councilmember DeMirjyn, seconded by Councilmember Wormser, the claim of Emilie Whitlatch in the amount of $150, 000.00 was unanimously found not to be a proper charge against the City and therefore rejected. On motion of Councilmember DeMirjyn, seconded by Councilmember Wormser, the claim of Luella Froeliger in the amount of $15.00 was unanimously found not to be a proper charge against the City and therefore rejected. On motion of Councilmember DeMirjyn, seconded by Councilmember Wormser, the claim of Rabbi Cohn in an amount yet to be determined was unanimously found not to be a proper charge against the City and therefore rejected. Resolution No. 4167, a resolution of the City Council declaring the intention to vacate a portion of Citrus Avenue and setting the public hearing on this street vacation for June 17, 198b, at 7:00 P.M. was unanimously adopted on motion of Councilmember DeMirjyn, seconded by Councilmember Wormser. On motion of Councilmember DeMirjyn, seconded by Councilmember Wormser, Council unanimously authorized the exchange of a parcel of City property approximately 169 feet by 596 feet located easterly of and adjacent to the existing eastern boundary of the Seven W. Property (old Lockheed site) for a 50 foot by 50 foot parcel located approximately 100 feet east of the southwest corner of the Seven W property (near the corner of Crafton and Madeira Avenues as the location for a new domestic well. WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO City Clerk's Office City of Redlands P. O. Box 2090 Redlands, Calif. 92373 RECORDED ;N OFFICIAL RECORD S87 JAN 23 PH 12: 40 . A. =,i ¢ . RDINO CO., CM IF. QUITCLAIM DEED IN CONSIDERATION of One Dollar receipt of which is hereby acknowledged, SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to CITY OF REDLANDS all that real property in the City of Redlands, County of San Bernardino, State of California, described as: All rights to an easement granted to San Bernardno Valley Water Conservation Dis- trict to flow and convey water on and across the following described property for the purpose of water spreading and percolation purposes, and also quitclaims all rights of ingress and egress to said property, said easement being described as follows: All that portion of the Southwest Quarter of the Southwest Quarter of Sec- tion 17, T. 1 S., R. 2 W., and the Northwest Half of the Northwest Quarter of Sec- tion 20, T. 1 S., R. 2 W., SBB&M, described as follows: Commencing at the Southwest corner of Section 17, T. 1 S., R. 2 W.; Thence, East along the South line of said Section 17, 400 feet to the True Point of Beginning; Thence Northerly along a line parallel to and 400 feet East of the West line of said Section 17 to a point located in Lot 31, Block 14 of the Stretch Map of Mentone, said point being 492.51 feet Southerly of the North line of said Lot 31; Thence Westerly at right angles to the West line of said Section 17, 400 feet to the West line of said Section 17; Thence Southerly along the West line of said Section 17 and along the Southerly prolongation of said West line to a point located 32 feet Southerly of the South line of said Section 17; Thence Easterly along a line parallel to and 32 feet South of the South line of said Section 17, 400 feet; Thence Northerly 32 feet to the Point of Beginning, containing 8 acres more or less. Dated:JJ. &f / 94 Robert T. Paine/ President of Board of Directors t�+ 7-0 , ' 02 F� STATE OF CALIFORNIA SS COUNTY OF SAN BERNARDINO) On December 8, 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert T. Paine, known to me to be the President of the Board of Directors of the SAN BERNARDINO VALLEY WATER CON- SERVATION DISTRICT, and William J. Hiltgen, known to me to be Secretary to the Board of Directors of the SAN BERNARDINO VALLEY WATER CONSERVATION DIS- TRICT, that executed the within instrument, and known to me to be the persons who executed the attached instrument on behalf of the Public Agency therein named, and acknowledged to me that such Public Agency executed the within instrument pursuant to a resolution of the Board of Directors on December 8, 1986. W NESS y hand and official seal. RICHARD A. MULLIGAN NOTARY PUBLIC SAN BERNARDINO COUNTY CALIFORNIA Commission Expires January 2, 1950 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Name Street Address City & State L Seven W. Enterprises, Inc. PO Box 111 Redlands, CA 92373 1 Name Street Address City & State L J J a z MAIL TAX STATEMENTS TO address shown above J 1 J CAT. NO. NN00578 TO 1921 CA (6-86) SPACE ABOVE THIS LINE FOR RECORDER'S USE Corporation Grant Deed THIS FORM FURNISHED BY TICOR TITLE INSURERS The undersigned grantor(s) declare(s): Documentary transfer tax is $ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( ) City of , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF REDLANDS, A MUNICIPAL CORPORATION a corporation organized under the laws of the State of California to SEVEN W ENTERPRISES, INC., a Delaware Corporation the following described real property in the City of Redlands County of San Bernardino , State of California: hereby GRANTS AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF: SEE ADDENDUM WHICH IS ATTACHED HERETO AND INCORPORATED BY REFERENCE AS THOUGH FULLY SET FORTH HEREAT. This document is being recorded to correct errors in the document recorded as Instrument No. 87-437988 on December 15, 1987. In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its Mayor 31"xesiclextcand City Clerk StecxatzaN thereunto duly authorized. CITY OF REDLANDS Dated February 3, 1988 STATE OF CALIFORNIA COUNTY OF San Bernardino SS On February 3, 1988 , before me, the undersigned, a Notary Public in and for said State, personally appeared Carole Beswick personally known to me or proved to me on the basis of satis- factory evidence to be the person who executed the within instrument as the Mayor Rixstlerct, and Lorrie Povzer personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Clty Clerk 9*KZs of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand d official eal. Signature (17)-/,e_Ze--„, By (7_a jLz, Mayor RFetlt City Clerk fi(VIM* OFFICIAL. SEAL B. SANCHEZ Notary Public-California SAN OEAN DINO COUNTY My Comm. Bp. Juno 12.1991 (This area for official notarial seal) Title Order No. Escrow or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT "A" PARCEL NO. 1: That portion of Lots 4, 5, 6 and 7, Block 13, and that portion of Lot 2, Block 19 of MENTONE STRETCH MAP, in the County of San Bernardino, State of California, as per map recorded in Book 8 of Maps, Page 81, in the office of the County Recorder of said County, and that portion of Sapphire Street, vacated, described as follows: COMMENCING at a point on the North right of way line of 60 foot wide right of way, sometimes known as "Madeira Avenue", said point being South 89° 59' 07" East 3040 feet from the centerline of Crafton Avenue, said point being an angle point in the property conveyed to San Bernardino Valley Water Conservation District by deed recorded December 11, 1979, in Book 9831, Page 1182, Official Records of said County; thence North along the West line of the said property conveyed to San Bernardino Valley Water Conservation District, 600.00 feet to the TRUE POINT OF BEGINNING; thence continuing along said West line 335.00 feet to an angle point therein; thence East 120 feet to an angle point therein; thence North 170 feet to an angle point therein; thence North 30° 00' 00" West 70 feet to an angle point therein; thence North 13.90 feet to a point which is located 20 feet South of the centerline of a paved private road, known as "Seventh Street" (24 feet paved width); thence North 89° 47' 42" West parallel with the South line of Section 17, Township 1 South, Range 2 West, SAN BERNARDINO BASE & MERIDIAN, 958.85 feet to an intersection of said line with the East line of that certain parcel of land conveyed to SEVEN W ENTERPRISES, INC., a Delaware Corporation, by deed recorded May 1, 1979 in Book 9676, Page 1339, Official Records of said County;. thence South 00° 00' 53" West along the East line of the aforesaid parcel, 1212.05 feet to the intersection of said line and the centerline of said Madeira Avenue; thence South 89° 59' 07" East along the centerline of said Madeira Avenue, 705.14 feet; thence North parallel with the West line of the aforesaid parcel conveyed to San Bernardino Valley Water Conservation District, 629.28 feet to a point, which is West 169.02 feet from the point of beginning; thence East 169.02 feet to the point of beginning. EXCEPTING therefrom the South 33.0 feet (measured at right angles) thereto. PARCEL NO. 2: That portion of Lot 6 of Block 13 of the MENTONE STRETCH MAP and that portion of Lot 2, Block 19 of the MENTONE STRETCH MAP, as per plat recorded in Book 8 of Maps, Page 81, records of the County of San Bernardino, State of California, described as follows: COMMENCING at the centerline intersection of Crafton Avenue and Madeira Avenue, as said intersection is shown by Tract No. 2569, as per plat recorded in Book 36 of Maps, Page 72, records of said County, the basis of bearings for this legal description being the centerline of said Crafton Avenue, as shown by said Tract No. 2569, said bearing being North 1° 39' 00" West; thence from the point of commencement, South 89° 59' 07" East along the centerline of Madeira Avenue, 2870.98 feet to the centerline intersection of Sapphire Avenue as shown by Record of Survey recorded in Book 53 of Surveys, Page 39, records of said County; thence continuing along the centerline of said Madeira Avenue, South 89° 45' 16" East 168.18 feet to the TRUE POINT OF BEGINNING; thence North 00° 00" 00' East 30.00 feet to a point, said point being on the South line of said Lot 2 of Block 19 of said MENTONE STRETCH MAP, said point being also South 89° 59' 07" East 3040 feet from the centerline of said Crafton Avenue, said point being also the Southwest corner of that certain parcel of land conveyed to the San Bernardino Valley Water Conservation District as Parcel "A" and recorded in Book 9831, Page 1182, Official Records of said County; thence North 00° 00' 00" East along the Westerly line of the aforesaid parcel conveyed to San Bernardino Valley Water Conservation District, 600.00 feet; thence at right angles West 169.02 feet; thence South parallel with the Westerly line of the aforesaid parcel conveyed to San Bernardino Valley Water Conservation District, 599.28 feet to a point on the North line of said Madeira Avenue; thence continuing South parallel with the West line of the aforesaid parcel conveyed to the San Bernardino Valley Water Conservation District, 30.00 feet to the centerline of said Madeira Avenue; thence South 89° 59' 07" East along the centerline of said Madeira Avenue, 0.84 feet to the aforesaid centerline intersection of Madeira Avenue and Sapphire Avenue; thence South 89° 45' 16" East 168.18 feet to the point of beginning. RESERVING unto the Grantors, their heirs and assigns, the South 33.00 feet, said 33.00 feet being measured at right angles to the South line of the hereinabove described parcel, said 33.00 feet being in Madeira Avenue. ALSO RESERVING unto the Grantors, their heirs and assigns, an easement. for ingress and egress for maintenance and operation of the existing well, said easement being described as follows: COMMENCING at the centerline intersection of Madeira Avenue and Sapphire Avenue, as shown by Record of Survey recorded in Book 53 of Surveys, Page 39, records of said County; thence South 89° 45' 16" East along the centerline of said Madeira Avenue, 13.32 feet; thence North 13° 41' 32" East 33.93 feet to the TRUE POINT OF BEGINNING of said easement, said point lying on the North right of way line of said Madeira Avenue; thence North 89° 45' 16" West along the North line of said Madeira Avenue, 12.85 feet; thence North 13° 41' 32" East 264.20 feet; thence North 90° 00' 00" East 78.83 feet; thence at right angles South 00° 00; 00" West 50.00 feet; thence North 90° 00' 00" West 65.28 feet; thence South 13° 41' 32" West 212.85 feet to a point on the North right of way line of said Madeira Avenue, said point being South 89° 45' 16" East 12.85 feet from the point of beginning; thence North 89° 45' 16" West 12.85 feet to the point of beginning. This document is being recorded to correct errors in the document recorded as Instrument No. 87-437988 on December 15, 1987. ADDENDUM TO GRANT DEED RESERVING unto the Grantor, its successors and assigns, an easement for a well site and for ingress and egress to and for maintenance and operation of an existing well on said well site, said easement being described as follows: COMMENCING at the centerline intersection of Madeira Avenue and Sapphire Avenue, as shown by Record of Survey recorded in Book 53 of Surveys, Page 39, records of said County; thence South 89° 45' 16" East along the centerline of said Madeira Avenue, 13.32 feet; thence North 13° 41' 32" East 33.93 feet to the TRUE POINT OF BEGINNING of said easement, said point lying on the North right of way line of said Madeira Avenue; thence North 89° 45' 16" West along the North line of said Madeira Avenue, 12.85 feet; thence North 13° 41' 32" East 264.20 feet; thence North 90° 00' 00" East 78.83 feet; thence at right angles South 00° 00' 00" West 50.00 feet; thence North 90° 00' 00" West 65.28 feet; thence South 13° 41' 32" West 212.85 feet to a point on the North right of way line of said Madeira Avenue, said point being South 89° 45' 16" East 12.85 feet from the point of beginning; thence North 89° 45' 16" West 12.85 feet to the point of beginning. If the Grantor fails to use the existing well on said well site for any consecutive eighteen (18) month period, to serve the requirements of the customers of the Grantor, then the well shall be considered abandoned. In that event, all equipment, including pumps, motors, valves, piping and other appurtenances installed by the Grantor shall be the property of the Grantor and shall be removed within sixty (60) gays of the abandonment, except for the well casing, which shallremainthe ground. Also, in that event, by a separate instrument the Grantor shall convey the hereindescribed reserved easements to the Grantee, without additional consideration, free and clear of all liens, encumbrances and adverse claims other than those which exist on the date of recordation of this Grant Deed. LAND c HAROLD R. HJ TWICK No. 255 Expires: June. 19a3 44/ v\ITERPR F6N RANCHING AND INDUSTRIAL PROJECTS January 19, 1988 City of Redlands City Hall Post Office Box 2090 Redlands, California 92373 Attn: Ron Mutter RECEIVED ENGINEERING SERVICES MUNICIPAL UTILITIES JAN 191988 AM PM 71819110111112111213141516 A Subject: Seven W Enterprises, Inc. Land Exchange & Purchase, Escrow No. 10407 dated May 28, 1985 Dear Mr. Mutter: Hicks and Hartwick has prepared the attached Revised Corporation Grant Deed to correct the errors in the document known as Instrument No. 87-437988 dated December 15, 1987, that were discussed with you last week at your office with Harold Hartwick and the undersigned present. Attached also is a handsketch prepared by Hicks and Hartwick showing the previous points for the legal description and also the corrected points that are to be included in the new lease description attached to the Corporation Grant Deed. Please execute this document on behalf of the City of Redlands so that all records, including the Title Policy, can be corrected to reflect the accurate legal description. Kindly advise me when this is ready for pickup so that I may notify the balance of the interested parties. Sincerely, i // ohn J.' Creatura JJC/llg Enclosures cc: Hicks & Hartwick Wanda Weder Don Weder Jan Weder P.O. Box 111 • 1500 Crafton Avenue • Redlands, California 92373 • 714/794-2181 1304 Washington Street • Highland, Illinois 62249 • 618/654-6051 0-dei• No. (:scrow No. • Loan No. 10407REdu,EsE OF. , ., _: e! !N OFFICIAL RECORDS DEC 15 Ts87 T 8: M;' ItEMAREINa COUNTY, CALF: FIRST AErlCA14 TITLE "t• faY WHEN RECORDED MAIL TO: City of Redlands P.O. Box 280 Redlands, California 92373 nP 1FEE 2MSYS �f L•JP. 4L 11NT i__43 3O84 SPACE A-BO-kC IIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $ none Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. Redlands Escrow Tnc Signature of Declarant or Agent determining tax — Firm aee APN: CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SEVEN W ENTERPRISES, INC., a Delaware Corporation a corporation organized under the laws of the State of GRANT to Delaware , does hereby CITY OF REDLANDS, A MUNICIPAL CORPORATION the real property in the City of San Bernardino , State of California, described as County of That portion of Lot 10, Block 13 of the Mentone Stretch Map, as recorded in book 8 of Maps, page 81, records of San Bernardino County, State of California, described as follows: Commencing at the centerline intersection of Crafton Avenue and Madeira Avenue, as shown by Tract No. 2569, as per plat recorded in book 36 of Maps, page 72, records of said County; the basis of bearings for this description being the centerline of Crafton Avenue, as shown by said tract map as having a bearing of Nath 1° 39' 00" West; thence from the point of commencement South 89° 59' 07" East along the centerline of Madeira Avenue 139.06 feet; thence at right angles North 00° 00' 53" East 33.00 feet to a point on the North right of way line of Madeira Avenue, said point being the true point of beginning; thence continuing North 00° 00' 53" East 50.00 feet; thence at right angles South 89° 59' 07" East parallel with the centerline of said Madeira Avenue, 50.00 feet; thence at right angles South 00° 00' 53" West 50.00 feet to the North right of way line of said Madeira Avenue; thence North 89° 59' 07" West along the North right of way line of said Madeira Avenue, 50.00 feet to the point of beginning. SEE ADDENDUM WHICH IS ATTACHED HERETO AND INCORPORATED BY REFERENCE AS THOUGH FULLY SET FORTH HEREAT. October 16, 1987 ,� ltRXXXE4XINEX Dated; , Illino ) STATE OF GA6}FZ)7z3 IA phi rl ,a }ss. COUNTY OF Matl Or October 16, 1987 , before me, the undersigned, a Notary Public in and for said State, personally appear- ed Donald E. Weder and Wanda M. Weder personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Donald E. Weder President and Wanda M. Weder Secretary, onbehalfof Seven W Enterprises, Inc. the corporation therein named, and acknowledged to me that such cor- poration executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. SEVEN W ENTERPRT Delaware Corporation. By By Od, (A A President Secretary Signature 1/ r )11 L (This area for official notarial seal) 1144 (6/82) MAIL TAX STATEMENTS AS DIRECTED ABOVE 87-438084 ADDENDUM TO GRANT DEED By accepting this Grant Deed, the Grantee agrees as follows: 1. The only intended use of the herein -described property is for a municipal well. If such property is found to be unusable for such purpose before a well is constructed and put into operation, then such property shall revert to the Grantor. If a well is completed and put into operation and, thereafter, abandoned by the Grantee, then such property shall revertto the Grantor and the Grantee shall take such steps and sign such documents, if any, as are required by the Grantor to effectuate such reversion. Such well shall be considered abandoned and such property shall revert to the Grantor if for any reason such well is not used for any consecutive twelve (12) month period to serve the requirements of customers of the Grantee. 2. If such property reverts to the Grantor, then all well equipment, including pumps, motors, valves, piping and other appurtenances installed by the Grantee shall remain the Grantee's property and shall be removed within sixty (60) days of well abandonment, except for the well casing, which shall remain in the ground. 3. The Grantee shall not construct any other facility on such property that is not normal to the operaticn of a municipal well and, in particular, shall not construct aeration towers for the removal of volatile organics. The Grantee shall landscape and maintain the property in an aesthetically pleasing manner. 4. The Grantee understands that the Grantor makes no warranty as to the condition of such property, or to any condition affecting such property including, without limitation, geological hazards or the presence or absence of toxic sub- stances. The details of such disclaimer of warranty are more particularly provided in that certain Agreement between REDLANDS and SEVEN W ENTERPRISES, INC. For a Well Site and Property Exchange, which was made on April 22, 1987, between the Grantor and the Grantee. Order No. ' 846594 Escrow No. 10407 L9an No. WHEN RECORDED MAIL TO: Seven W-Enterprises Inc. 1500 Crafton Avenue Redlands, California 92373 SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: address shown above DOCUMENTARY TRANSFER TAX $_. 2.60 XComputed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Dada.art r Agent determining tax — Firm Name APN: CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF REDLANDS, A MUNICIPAL CORPORATION a corporation orcanized under the laws of the State of California GRANT to SEVEN W ENTERPRISES, INC., a Delaware corporation , does hereby the real property in the City of County of San Bernardino , State of California, described as AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO PAGES NO. 1 AND 2, AND MADE A PART TiFREOF: SUBJECT TO: General and special taxes for the fiscal year'1987-1988 Covenants, conditions, restrictions, reservations, rights, rights of way and easements of record. Dated July 13, 1987 STATE OF CALIFORNIA Ins. COUNTYOF an Bernardino On_ August 7, 1987 before the undersigned, a Notary Public in and for said State, personally appe r- ed- Carole Beswick Lorrie Poyzer and per-ionally known to me (or proved tc me on the basis of sa st or` evider-,:ie) to be the persons who executed the within instr -men. as Mayorfontliand City Clerk seNax on behalf of the City of Redlands the corporation therein named, and acknowledged to rr=e that suCh cor- poration executed the within instrument pursuant to its by-t.swe or a resolution of its board of directors_ ' OTNESS my ha ryE nd ofCial seal. CITY OF REDLANDS, A MUNICIPAL CORPORATION:f l ' , dam Mayor l rie iOlt s "C3 C�T , le r (This area for official notarial seal) 1 144 1A182) L TAX STATEMENTS AS DIRECTED ABOVE ORDER NO. 846594 • Escrow No. 10407 EXHIBIT "A" PARCEL NO. 1: THAT PORTION OF LOTS 4, 5, 6 AND 7, BLOCK 13, AND THAT PORTION OF LOT 2, BLOCK 19 OF MENTONE STRETCH MAP, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8 OF MAPS, PAGE 81, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THAT PORTION OF SAPPHIRE STREET, VACATED, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH RIGHT OF WAY LINE OF 60 FOOT WIDE RIGHT OF WAY, SOMETIMES KNOWN AS "MADEIRA AVENUE", SAID POINT BEING SOUTH 89 DEG. 59' 07" EAST 3040 FEET FROM THE CENTERLINE OF CRAFTON AVENUE, SAID POINT BEING AN ANGLE POINT IN THE PROPERTY CONVEYED TO SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT BY DEED RECORDED DECEMBER 11, 1979 IN BOOK 9831, PAGE 1182, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH ALONG THE WEST LINE OF THE SAID PROPERTY CONVEYED TO SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT, 600.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE 335.00 FEET TO AN ANGLE POINT THEREIN; THENCE EAST 120 FEET TO AN ANGLE POINT THEREIN; THENCE NORTH 170 FEET TO AN ANGLE POINT THEREIN; THENCE NORTH 30 DEG. 00' 00" WEST 70 FEET TO AN ANGLE POINT THEREIN; THENCE NORTH 13.90 FEET TO A POINT WHICH IS LOCATED 20 FEET SOUTH OF THE CENTERLINE OF A PAVED PRIVATE ROAD, KNOWN AS SEVENTH STREET (24 FEET PAVED WIDTH); THENCE NORTH 89 DEG. 47'<. 42" WEST PARALLEL WITH THE SOUTH LINE OF SECTION 17, TOWNSHIP 1 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, 958.85 FEET TO AN INTERSECTION OF SAID LINE WITH THE EAST LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO SEVEN W. ENTERPRISES, INC., A DELAWARE CORPORATION, BY DEED RECORDED MAY 1, 1979 IN BOOK 9676, PAGE 1339, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 00 DEG. 00' 53" WEST ALONG THE EAST LINE OF THE AFORESAID PARCEL, 1212.05 FEET TO THE INTERSECTION OF SAID LINE AND THE CENTERLINE OF SAID MADEIRA AVENUE; THENCE SOUTH 89 DEG. 59' 07" EAST ALONG THE CENTERLINE OF SAID MADEIRA AVENUE, 705.14 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF THE AFORESAID PARCEL CONVEYED TO SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT, 629.28 FEET TO A POINT, WHICH IS WEST 169.02 FEET FROM THE POINT OF BEGINNING; THENCE EAST 169.02 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTH 33.0 FEET (MEASURED AT RIGHT ANGLES) THERETO. PAGE 1 of 2 ORDER NO. 846594 ' Escrow No. 10407 EXHIBIT '►A" PARCEL NO. 2: THAT PORTION OF LOTS 4, 5, 6 AND 7 OF BLOCK 13 OF THE MENTONE STRETCH MAP AND THAT PORTION OF LOT 2 OF BLOCK 19 OF THE MENTONE STRETCH MAP, AS PER PLAT RECORDED IN BOOK 8 OF MAPS, PAGE 81, RECORDS OF COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF CRAFTON AVENUE AND MADEIRA AVENUE, AS SAID INTERSECTION IS SHOWN BY TRACT NO. 2569, AS PER PLAT RECORDED IN BOOK 36 OF MAPS, PAGE 72, RECORDS OF SAID COUNTY; THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION BEING THE CENTERLINE OF SAID CRAFTON AVENUE, AS SHO,W►N BY SAID TRACT NO. 2569, SAID BEARING BEING KuRTH 1 DEG. 39' 00" WEST; THENCE FROM THE POINT OF COMMENCEMENT SOUTH 89 DEG. 59; 07" EAST ALONG THE CENTERLINE OF MADEIRA AVENUE, 2870.98 FEET TO THE CENTERLINE INTERSECTION OF SAPPHIRE AVENUE, AS SHOWN BY RECORD OF SURVEY RECORDED IN BOOK 53 OF SURVEYS, PAGE 39, RECORDS OF SAID COUNTY; THENCE CONTINUING ALONG THE CENTERLINE OF SAID MADEIRA AVENUE, SOUTH 89 OEG. 45' 16" EAST 168.18 FEET; THENCE NORTH 00 DEG. 00' 00" EAST 30.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT WHICH IS ON THE SOUTH LINE OF SAID LOT 2 OF BLOCK 19 OF SAID MENTONE STRETCH MAP, SAID POINT BEING ALSO SOUTH 89 DEG. 59' 07" EAST 3040 FEET FROM THE CENTERLINE OF SAID CRAFTON AVENUE: SAID POINT BEING ALSO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT AS PARCEL "A" AND RECORDED IN BOOK 9831, PAGE 1182, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 00 DEG. 00' 00" EAST ALONG THE WESTERLY LINE OF THE AFORESAID PARCEL CONVEYED TO SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT, 597.00 FEET, THENCE WEST 169.02 FEET, THENCE SOUTH 596.28 FEET, THENCE EASTERLY TO THE SOUTHWEST CORNER OF PARCEL "A" AS CONVEYED TO THE-SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT AS RECORDED IN BOOK 9831, PAGE 1182, OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE POINT OF BEGINNING. RESERVING UNTO THE GRANTORS, THEIR HEIRS AND ASSIGNS, THE SOUTH 33.00 FEET, SAID 33.00 FEET BEING MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE HEREINABOVE DESCRIBED PARCEL, SAID 33.00 FEET BEING IN MADEIRA AVENUE. ALSO RESERVING UNTO THE GRANTORS, THEIR. HEIRS AND ASSIGNS, AN EASEMENT •FOR INGRESS AND EGRESS FOR MAINTENANCE AND OPERATION OF THE EXISTING WELL, SAID EASEMENT BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF MADEIRA AVENUE AND SAPPHIRE AVENUE, AS SHOWN BY RECORD OF SURVEY RECORDED IN BOOK 53 OF SURVEYS, PAGE 39, RECORDS. OF SAID COUNTY, °THENCE SOUTH 89 DEG. 45' 16" EAST ALONG THE CENTERLINE OF SAID MADEIRA AVENUE: 13.32 FEET, THENCE NORTH 13 DEG. 41' 32" EAST 33.93 FEET TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT, SAID POINT LYING ON THE NORTH RIGHT OF WAY LINE OF SAID MADEIRA AVENUE; THENCE NORTH 89 DEG. 45' 16" WEST ALONG THE NORTH LINE OF SAID MADEIRA AVENUE 12.85 FEET; THENCE NORTH 13 DEG. 41' 32" EAST 264.20 FEET; THENCE NORTH 90 DEG. 00' 00" EAST 78.83 FEET; THENCE AT RIGHT ANGLES SOUTH 00 DEG. 00' 00" WEST 50.00 FEET; THENCE NORTH 90 DEG. 00' 00" WEST 65.28 FEET; THENCE SOUTH 13 DEG. 41' '32" WEST 212.85 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SAID MADEIRA AVENUE, SAID POINT BEING SOUTH 89 DEG. 45' 16" EAST 12.85 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 89 DEG. 45' 16" WEST 12.85 FEET 70 THE POINT OF BEGINNING. CITY OF REDLANDS, A MUNI BY: Y' BY: 4 AL CORPORATION dl PAGE 2 of 2 Orddi No. 846594 •:. ,Escrow No. 10407 Coan No. WHEN RECORDED MAIL TO: Seven W Enterprises, Inc. P.O. Box 111 Redlands, Calif. 92373 SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: address shown above DOCUMENTARY TRANSFER TAX $ 72.60 X Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax — Firm Name APN: 168-371-06 168-381-03 CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF REDLANDS, A MUNICIPAL CORPORATION a corporation organized under the laws of the State of. California GRANTto SEVEN W ENTERPRISES, INC., a Delaware Corporation the real property in the City of Redlands County of San Bernardino , does hereby , State of California, described as AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF: SEE ADDENDUM WHICH IS ATTACHED HERETO AND INCORPORATED BY REFERENCE AS THOUGH FULLY SET FORTH HEREAT. Dated AUGUST 6, 1987 STATE OF CALIFORNIA lSS' COUNTY of On_ before me, the undersigned, a Notary Public in and for said State, personally appear- ed and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and on behalf of Secretary, CITY OF REDT,ANDS, a mnni ripal corporation By By By /_ l-< mayor Mayor Pro Ten rty'ClericSIWAG19( the corporation therein named, and acknowledged to me that such cor- poration executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature (This area for official notarial seal) 1 144 (6/82) MAIL TAX STATEMENTS AS DIRECTED ABOVE Ordel No. 846594 ,Escrow No. 10407 Loan No. WHEN RECORDED MAIL TO: Seven W Enterprises, Inc. P.O. Box 111 Redlands, Calif. 92373 SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: address shown above DOCUMENTARY TRANSFER TAX $ 72.60 X Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax — Firm Name APN: 168-371-06 168-381-03 CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF REDLANDS, A MUNICIPAL CORPORATION a corporation organized under the laws of the State of California , does hereby GRANTto SEVEN W ENTERPRISES, INC., a Delaware Corporation the real property in the City of Redlands County of San Bernardino , State of California, described as AS DESCRIBED IN EXHIBIT t9A1° ATTACHED HERETO AND MADE A PART HFREOF: SEE ADDENDUM WHICH IS ATTACHED HERETO AND INCORPORATED BY REFERENCE AS THOUGH FULLY SET FORTH HEREAT. STATE OF CALIFONRIA COUNTY OF SAN BERNARDINO ss On this 3rd day of December, in the year 1987, before me, B. Sanchez, Notary Public in and for said State, personally appeared Carole Beswick, known to me to be the Mayor, and Barbara C. Wormser, known to me to be the Mayor Pro Tem, and Lorrie Poyzer, known to me to be the City Clerk, of the municipal corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the City of Redlands therein named, and acknowledged to me that the City of Redlands executed the within instrument. IN WITNESS WHEREOF, I hereunto set my hand and official seal. OFFICUAL SEAL e. SANfIE2 641;2:;:romat Order No. 846594 .Escrow No. 10407 EXHIBIT "A" PARCEL NO. 1: THAT PORTION OF LOTS 4, 5, 6 AND 7, BLOCK 13, AND THAT PORTION OF LOT 2, BLOCK 19 OF MENTONE STRETCH MAP, IN THE COUNTY OF SAN BERNARDINO) STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8 OF MAPS, PAGE 81, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THAT PORTION OF SAPPHIRE STREET, VACATED, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH RIGHT OF WAY LINE OF 60 FOOT WIDE RIGHT OF WAY, SOMETIMES KNOWN AS "MADEIRA AVENUE", SAID POINT BEING SOUTH 89 DEG. 59' 07" EAST 3040 FEET FROM THE CENTERLINE OF CRAFTON AVENUE, SAID POINT BEING AN ANGLE POINT IN THE PROPERTY CONVEYED TO SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT BY DEED RECORDED DECEMBER 11, 1979 IN BOOK 9831,. PAGE 1182, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH ALONG THE WEST LINE OF THE SAID PROPERTY CONVEYED TO SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT, 600.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE 335.00 FEET TO AN ANGLE POINT THEREIN; THENCE EAST 120 FEET TO AN ANGLE POINT THEREIN; THENCE NORTH 170 FEET TO AN ANGLE POINT THEREIN; THENCE NORTH 30 DEG. 00' 00" WEST 70 FEET TO AN ANGLE POINT THEREIN; THENCE NORTH 13.90 FEET TO A POINT WHICH IS LOCATED 20 FEET SOUTH OF THE CENTERLINE OF A PAVED PRIVATE ROAD, KNOWN AS SEVENTH STREET (24 FEET PAVED WIDTH); THENCE NORTH 89 DEG. 47' 42" WEST PARALLEL WITH THE SOUTH LINE OF SECTION 17, TOWNSHIP 1 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, 958.85 FEET TO AN INTERSECTION OF SAID LINE WITH THE EAST LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO SEVEN W. ENTERPRISES, INC., A DELAWARE CORPORATION, BY DEED RECORDED MAY 1, 1979 IN BOOK 9676, PAGE 1339, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 00 DEG. 00' 53" WEST ALONG THE EAST LINE OF THE AFORESAID PARCEL, 1212.05 FEET TO THE INTERSECTION OF SAID LINE AND THE CENTERLINE OF SAID MADEIRA AVENUE; THENCE SOUTH 89 DEG. 59' 07" EAST ALONG THE CENTERLINE OF SAID MADEIRA AVENUE, 705.14 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF THE AFORESAID PARCEL CONVEYED TO SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT, 629.28 FEET TO A POINT, WHICH IS WEST 169.02 FEET FROM THE POINT OF BEGINNING; THENCE EAST 169.02 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTH 33.0 FEET (MEASURED AT RIGHT ANGLES) THERETO. PARCEL NO. 2: THAT PORTION OF LOTS 4, 5, 6 AND 7 OF BLOCK 13 OF THE MENTONE STRETCH MAP AND THAT PORTION OF LOT 2 OF BLOCK 19 OF THE MENTONE STRETCH MA COUNTY OFER SANPLAT BERNARDOINOEDIN BOOK 8 OF MAPS) PAGE 81) STATE OF CALIFORNIA) RECORDS OF) DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF CRAFTON PER AVENUE EREIAVENUE) SAID INTERSECTION STFNIS SHOWN BY TRACT E69, AND PLAT RECORDEDIN BOOK36OFMAPS: PAGE72RECORDS OF AS SAID COUNTY; THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION BEING THE CENTERLINE OF SAID GRAFTON AVENUE, AS SHOWN BY SAID TRACT NO. 2569, SAID BEARING BEING NORTH 1 DEG. 39' 00" WEST; THENCE FROM THE POINT OF COMMENCEMENT SOUTH ®8.FEE 9DEG. 'T 07" EAST ALONG THE CENTERLINE OF MADEIRA AVENUE, TO THE CENTERLINE INTERSECTION OF SAPPHIRE'IRAVENUE, ASS SHOWN BY RECORD OF SURVEY R- ECORDE✓ IN BOOK '�.-. vE , S, AGE t . RS OF SAID COUNTY; THENCE CONTINUING ALONG THE CENTERLINE OF SAID MADEIRA AVENUE, SOUTH 89 DEG. 45' 16" EAST 168.18 FEET; THENCE NORTH 00 DEG. 00' 00" EAST 30.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT WHICH IS ON THE SOUTH LINE OF SAID LOT 2 OF BLOCK 19 OF SAID MENTONE STRETCH MAP, SAID POINT BEING ALSO SOUTH 89 DEG. 59' 07" EAST 3040 FEET FROM THE CENTERLINE OF SAID CRAFTON AVENUE, SAID POINT BEING ALSO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT AS PARCEL A AND RECORDED INENBOOK CE 9831' PAGE 1182, OFFICIAL RECORDS OF SAID COUNTY; 00 DEG. 00' 00" EAST ALONG THE WESTERLY LINE OF THE AFORESAID PARCEL CONVEYED TO SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT, 597.00 FEET, THENCE WEST 169.02 FEET, THENCE SOUTH 596.28 FEET, THENCE EASTERLY TO THE SOUTHWEST CORNER OF PARCEL "A" AS CONVEYED TO THE SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT AS RECORDED IN BOOK 9831, PAGE 1182, OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE POINT OF BEGINNING. PAGE 1 of 2 Order No. 846594 :,:Escrow No. 10407 RESERVING UNTO THE GRANTORS, THEIR HEIRS AND ASSIGNS, THE SOUTH 33.00 FEET, SAID 33.00 FEET BEING MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE HEREINABOVE DESCRIBED PARCEL, SAID 33.00 FEET BEING IN MADEIRA AVENUE. ALSO RESERVING UNTO THE GRANTORS, THEIR HEIRS AND ASSIGNS, AN EASEMENT FOR INGRESS AND EGRESS FOR MAINTENANCE AND OPERATION OF THE EXISTING WELL, SAID EASEMENT BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF MADEIRA AVENUE AND SAPPHIRE AVENUE, AS SHOWN BY RECORD OF SURVEY RECORDED IN BOOK 53 OF SURVEYS, PAGE 39, RECORDS OF SAID COUNTY; THENCE SOUTH 89 DEG. 45' 16" EAST ALONG THE CENTERLINE OF SAID MADEIRA AVENUE, 13.32 FEET; THENCE NORTH 13 DEG. 41' 32" EAST 33.93 FEET TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT, SAID POINT LYING ON THE NORTH RIGHT OF WAY LINE OF SAID MADEIRA AVENUE; THENCE NORTH 89 DEG. 45' 16" WEST ALONG THE NORTH LINE OF SAID MADEIRA AVENUE 12.85 FEET; THENCE NORTH 13 DEG. 41' 32" EAST 264.20 FEET; THENCE NORTH 90 OEG. 00' 00" EAST 78.83 FEET; THENCE AT RIGHT ANGLES SOUTH 00 DEG. 00' 00" WEST 50.00 FEET; THENCE NORTH 90 DEG. 00' 00" WEST 65.28 FEET; THENCE SOUTH 13 OEG. 41' 32" WEST 212.85 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SAID MADEIRA AVENUE, SAID POINT BEING SOUTH 89 DEG. 45' 16" EAST 12.85 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 89 DEG. 45' 16" WEST 12.85 FEET TO THE POINT OF BEGINNING. SUBJECT TO: General and special taxes for the fiscal year 1987-1988 Covenants, conditions, restrictions, reservations, rights, rights of way and easements of record. CITY OF REDLANDS, a Municipal Corporation. BY:17 BY: f,4-PCA=.4.. ATTEST,z� PAGE 2 of 2 ADDENDUM TO GRANT DEED RESERVING unto the Grantor, its successors and assigns, an easement for a well site and for ingress and egress to and for maintenance and operation of an existing well on said well site, said easement being described as follows: COMMENCING at the centerline intersection of Madeira Avenue and Sapphire Avenue, as shown by Record of Survey recorded in Book 53 of Surveys, Page 39, records of said County; thence South 89° 45' 16" East along the centerline of said Madeira Avenue, 13.32 feet; thence North 13° 41' 32" East 33.93 feet to the true point of beginning of said easement, said point lying on the North right of way line of said Madeira Avenue; thence North 89° 45' 16" West along the North line of said Madeira Avenue 12.85 feet; thence North 13° 41' 32" East 264.20 feet; thence North 90° 00' 00" East 78.83 feet; thence at right angles South 00° 00' 00" West 50.00 feet; thence North 90° 00' 00" West 65.28 feet; thence South 13° 41' 32" West 212.85 feet to a point on the North right of way line of said Madeira Avenue, said point being South 89° 45' 16" EAst 12.85 feet from the point of beginning; thence North 89° 45' 16" West 12.85 feet to the point of beginning. If the Grantor fails to use the existing well on said well site for any consecutive eighteen (18) month period, to serve the requirements of the customers of the Grantor, then the well shall be considered abandoned. In that event, all equipment, including pumps, motors, valves, piping and other appurtenances installed by the Grantor shall be the property of the Grantor and shall be removed within sixty (60) days of the abandonment, except for the well casing, which shall remain in the ground. Also, in that event, by a separate instrument the Grantor shall convey the herein -described reserved easements to the Grantee, without additional consideration, free and clear of all liens, encumbrances and adverse claims other than those which exist on the date of recordation of this Grant Deed. REDLANDS ESCROW, INC. 306 EAST CITRUS AVENUE — P.O. BOX 6 REDLANDS, CALIFORNIA 92373 PHONE 793-2939 p.o. box 6 November 5, 1987 escrow no. 10407 City of Redlands P.O. Box 280 Redlands, California 92373 ATTN: '�� : e iS Tilt t. CO/eAA,I.44, Gentlemen: In accordance with the attorney for Seven W Enterprises, Mr. Mark A. Ostoich we have re -drawn escrow instructions in connection with the sale of property between the City and Seven W. Enclosed are the following: 1. Original and copy of escrow instructions 2. Grant Deed If said documents meet with your approval, please obtain the signatures on line no. 83 of escrow instruction and exhibit "A" attached and return to this office. The copy is for your files and to be retained by you. Also enclosed is the new Deed. Please obtain necessary signatures and also return to this office. Please note said deed must be signed in the presence _ Sincerely yours, Nclfin c LenoraK.McCluskey manager CIF -7RI NG SERVICES -_:�_ t cT _'-.: S F . NOV G 5 1987 F4 REDLANDS ESCROW, INC. 306 EAST CITRUS AVENUE REDLANDS, CALIFORNIA This escrow instruction supercedes PHONE: 793-2939 instruction dated 5-18-85 ESCROW INSTRUCTIONS ESCROW NO 10407 escrow DATE ---Angus z--b >---19B Z---_----------. LenoraK.McCluskey Escrow Officer 1000.0064 856.00 will handyou t -- 1. 1 hand you herewith $-_��-----_-__ ---- 2. before___ C) ose..saf P q rr W,___- 3. and broker will hand you S 4. for use of buyer in closing this escrow. ! have paid $____-__ ----------------_to 5 -outside of escrow with whicn you 6_ are not to be concerned. i will deliver to you instruments and additional funds 7. required, to enable you to comply with these instructions, which I authorize and 8_ instruct you to use and deliver provided that within the time hereinafterEspecified, 9. instruments have been filed for record entitling you to procure a First American 10. Policy of Title Insurance of Title Co. 11. with a liability of $65 n 856.00 covering 12. properly in -San. _Bernardino County, California, described as follows: Lot. No ....................._..-.. •••••••••••-••• Tract No 13. __AS_DFRSCRIHED__IN-EXHIBIT-_-'A" ATTACHED HERETO AND__MADE_-A_-PART HEREOF: MEMO Paid Outside of Escrow $ Cash Through Escrow Encumbrances of Record ___-___-____-__--_-_$---.-.--------- New Encumbrances -__ -- --$- ---- Purchase Money Deed of Trust TOTAL CONSIDERATION ___ ______ _____ 00 _ 15. as per mop recorded in Book_____ ------------ ____ ----- Page of a Delaware Corporation 16. TITLE VESTED IN SEVEN W ENTERPRISES, INC., ----------- - 17. __-- _ ___-- arceT---I ) T�and-and improvements, �Z-=952-2 acres, more or Tess, (net)---(p 18. Property Addressc_and----2- 33---aeres , jeer-e---o-r-----I s-s 3---(gle )----(p-a-r--e2-1 --2-) . - -- ----------------------------------- 19_ SUBJECT TO: (1)___All General and Special taxes for the fiscal year 19_ 7 - 19_$$. 20. INCLUDING ANY SPECIAL DISTRICT LEVIES, FOR WHICH ARE INCLUDED THEREIN AND COLLECTED THEREWITH. & supplemental taxes 21. (2) Assessments and Bonds not delinquent, unpaid balance $__.._._x14.13e and any personal property taxes of any former owner. 22. (3) Covenants, conditions, restrictions, reservations, rights, rights of way and easements of record, or in deed to file. 23. ..__ , 24. (4) DEED OF TRUST, as per its terms now of record, unpaid principal balance of approximately $ none the terms of which are known 25. to the parties hereto. Obtain STATEMENT of unpaid principal and interest balances on Deeds of Trust now of record, and if different from amounts 26. shown herein or if amount of NEW ENCUMBRANCE proceeds to be deposited herein are different from amount shown herein you are to keep 27_ the total consideration the same as shown herein by adjusting the CASH THROUGH ESCROW, unless instructed otherwise. 28. (5) none DEED OF TRUST on your usual form, executed by VESTEES, and 90 c.r.,rinq note for $___none in favor of 30. dated -due (if straight note) on or before after date, with interest at 31 per cent per annum, from payable 32_ principal and interest due and payable in installments of $ none 33. month, beginning 3C As a matter of record with which escrow holder is not to be concerned; -- -- -- -- - 35.(a) . Buyer is aware that adjacent water spreading operation may affect the__ 1eue 36. of groundwater, _ beneath the subject property. Seller makes no warranty____xpressor__-______ 37.implied, with respect to the presence or absence of ground water o_r__he level& ss 39.of groundwater which may from time to time affect such property_,___aad agr_ees__to convey such property to Seven W Enterprises Inc., on this basis.. 40. 41.Buyers are aware that as of recordation of the Grant Deeds to the__.pr9_pextys___t e_y__axe acquiring through this escrow, in their favor property taxes wii1_accLue___fr_om___the.___date 42 43 of closing of escrow at approximately 1.3% of the purchase price and_ they-wi1l__he___bi11ed 44. by the Tax Assessors Office for additional amounts. Buyer wig _-cf liet_e_t .e__PXeliminar 45Change of Ownership Report through this escrow as requiredby_ the Couuty___'_ax___.A.&_Sea_SQzs 46.Office. Buyer understands that failure to complete said report msy___result___iz�__.a�_petaa]tY - OR MORE, each on the Records of said County, showing __day of every 47. - 48 The "Agreement between Redlands and Seven W Enterprises_>__�nc.____fos--a lie -sl- aD -_---_----`-- -"--- Property Exchange" is hereby incorporated into and made a_part ._of this Exchange_ 4950. Grant Deed to the Well site from Seven W Enteprises toCity __Df _R dl ands.___tn_ be__reroraed as an accommodation. _concurrently_ herewith, -_notit- --policy _to be___iss_ued.__fo_r__said_Twe1 51. -----_- site. 52. - ----- 53--------- - Quitclaim _S _Deed from the San Bernardino Valley Water Coxex_vatzam_1?istrict,___eliminating 54. ss. all water spreading rights on the subject property., to be__recoxd_e_d_as__an___accnmmodatiozi,--- before the ---recordation__of__the__ Grant--Deed_from__the._ City___ of_:_Redlands____coveri ng__the-------------------- 56. ------- -- ------ - - ------------------ 57. S13bject,prOp.erty. - - 58_ ---------------- _------ 59. -- 60. The following adjustments ONLY, required in this escrow: ADJUST IMPOUNDS, PRORATE taxes, fire insurance handed you, interest and rents, if NONE .--------------- ------------ 61. any, to NONE. it Deed of Trust drawn by this escrow holder. 62. Credit interest on notes as paid to October_ _25. �_�gZ you will comply as y - _, 63. If you are unable to comply with these instructions on or prior to 64_ soon thereafter as possible unless a written demand for return of money or instruments by a party to this escrow is received by you subsequent to 65. such dote and prior to the recording of any instrument provided for herein. 67. EACH PARTY SIGNING THE OVESESACCEPTSU ANDN AGREES READS HAS TO BE THE"ADDITIONALTI THEREBY SASOTHO THOUGH CONDITIONSW THE REVERSE AND SIDE �HE HEREOF ONREVERSE APPEARED OVER 67. SIDE HEREOF AND APPR , 68. THEIR SIGNATURE. 69. THE UNDERSIGNED BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THESE ESCROW INSTRUCTIONS SEVEN W ENTERPRISES INC., a Delaware Corporation 70. X By' Signature of Telephone Mailing Address 71. x By: Signature of Telephone Mailing Address (Page Two} 72. THE FOREGOING INSTRUCTIONS ARE APPROVED, CONCURRED IN AND ACCEPTED IN THEIR ENTIRETY, and I will supply you with funds, notes and 73. instruments required from me to enable you to comply with these instructions which you are authorized to use and deliver, provided you hold for my 74. account any instruments accruing to in. and the sum of ..60 _$5-6s QQ. Plus any adjustments due me and minus any adjustments due from me hereender. 75. I shall pay foan �` 7.7. fe&e tyi 'a,nt of S which you shall affix to the Deed I execute. 76. Pay all encumbrances necessary and obtain and record instruments to place title in the condition called for. From sale proceeds due the undersigned at close of escrow, escrow holder is instructed to pay Hicks and Hartwick the sum of $2,000.00 for recording of survey Map and legal -destripLiun. none - - ----------- -- - * 77. Pay commission of $-----•-----------•---•--- 78. Pay commission of S 79. Pay commission of S to 80_ EACH PARTY SIGNING THESE INSTRUCTIONS HAS READ THE "ADDITIONAL ESCROW CONDITIONS AND INSTRUCTIONS" CEPTS AND AGREES TO BE BOUND THEREBY. IGNED SELLER ACKNOWLEDGES RECEIPT OF A COPY OF THESE ESCROW REDLANDS, A MUNICIPAL CORPORATION 798-7500 81. AND APPROVES, 82. THE UNDE CITY 83. X RY : 84. Attes Signature o Telephone , _ 7 98-7500 .40 Telephone INSTRUCTIONS AS SET FORTH HEREIN P. 0. Box 2090, Redlands, CA 92373 Mailing Address P. 0. Box 2090, Redlands, Mailing Address "ADDITIONAL ESCROW CONDITIONS AND INSTRUCTIONS" CA 92373 85. TO REDLANDS ESCROW, INC 86. Unless otherwise provided, make all adjustments on basis of 30-day month based on latest available figures in case of taxes, assessments or bonds, principal es, aries or olders of otes for 87and ' onrnot s,, and rests on encumbrances of basisro ord based on sttatement presented statements nto escrow bygseller andc`approvedhby buyer,nand assume)ection, interest on new seller will collect all rents dueances by prior tor close ment premiums are anof lose 89. 90. of � escrow, tomagent twith the erequest that insurerdconsent to such transferoorpattach hLoss PayabeeeornMortgagee''scCla seies nor other additonsded you. Forward sortcorectionscies, ,,pandcthat 91. Agent thereafter forward such policies to parties entitled thereto. 92. The expression "close of escrow," if written in these instructions, shall mean the date first instrument is filed of record. in this escrow. 93. You 94. You need in paymentttoaor forrororgeries or false deliver documentsrsonations in toany party only if in your exclusivethese tjudg ent,sutch record, or without your, incurring any liability. 95. If any controversy arises between the parties hereto, r h legal person, ngs youotherwiseshall t b.s requiredou may requto ire and/or file am o r take any ny actionabubut you uin an order 96. the settlement of any such controversy o byin final appropriatee9 P 97. 98- typedinstructionsnstr ctionsto,the contrary. Intheevent such and interpleader suitgate in ristheir broughtseveral you shall p o facto be fully reeasedsand dischargedng fromyall obligag in tions s printed to further 99. perform any and all duties or obligations imposed upon you in this escrow and the parties jointly and severally agree to pay you all costs, expenses and attorneys' 100. fees expended or incurred by you, the amount thereof to be fixed and a judgment thereof to be rendered by she court in such wit. In either went, you shall not 101. be liable for interest or damage. 102. Whenever provision is made herein for the payment of any sum, the delivery of any instrument, or the performance of any act "outside of escrow" the escrow 103 holder shall have no responsibility therefor and shall not be concerned therewith. 104. You art to cause no examination or report to be ,Wade on state, county or city taxes, either real or personal, or state corporation taxes for the year stated in 105. are due and yable, and you e to 106- paragraph n firs (1) line 19 are one prior to to date first examination installment of the title tospe personal property described herein runlessrder no spe specifically instructed herein. ial tax report xcept as herein otherwise sPK you shall be deposited in a bank in an "Escrow Funds" account with other escrow funds, and all such monies received 107. Al[ monies received in this escrow by 108. in this 109. parties in interest, by your acheck, andmechecks and instrumentinto the same s will w account one oftheconstitute part parties tledalthereto,~ifFund. more Alldisbursementsione,s toeaddress shall lgivven made Instruct 110.1County Recorder to may instruments in the same mcompl authorizedriz company au or another escrow agency 111 In the event o may in necessary or proeer to annex. with the conditions and instructions of this escrow, you are to cause to be deposited, during 112. the pendency of this escrow, any funds or documents with any bank, building and loan association, abstract company, 113. licensed under the Escrow Act, to be credited to your account upon recordation ecrecording,rdatof the though instruments is funds required do be recorded in the possession complete this of sow; said idufunds ng 114. and documents shall be deemed to have been received by you, prior 115. and loan association, abstract company, title company, or licensed escrow agency. 116. If the property involved in this escrow is included in escrow instructions wilh a bank, building and loan association, abstract company, title company or another 117. escrow agency licensed under the Escrow Act, then you are authorized to make such arrangements with such bank, building and loan association, abstract company, r in thelissuance of plythe with policies of titleuio abstractsn of title called for, 118. title company or licensed escrow aflencY, as to delivery to it of cash or instruments as will enable you to comply with the instructions in this escrow. or 119. Recordation and any instruments therewith, delivered through this snow, if necessin ary this grope 120. b y000r authorized, deposited inconnection anytitleore abstract company, or or instruments ang hers escroreceived gencylicensed under the delivered crow Act,or deposited into another escrow forthe purpose of complying with the gtermsdled and 121. byY 122. conditions of these escrow instructions. 123. The parties to these escrow instructions authorize you to destroy these instructions and all other instruments and records in this escrow at any time after 5 years 124. from the date of these instructions. 125. Order search of title. Deliver title policy to parties entitled thereto. Prepare documents for my signature. 126. I, as buyer and/or borrower, will pay on demand, regardless of the consummation of this escrow,_ all charges and costs incurred by you for me as buyer and/or 127. borrower, including but not limited to fee for preparing instruments 1 should execute, or have executed, fee for recording documehss,- insurance endorsements, your 128. buyer's escrow fee and all other expenses and costs incurred as is in this escrow provided. 130. 1, asseller lender, instruments gardless of the I should executeorhavetion of this executed, yourseller's lescrow feecfeedfoyyou for me as obtainng beneficiaries'r, including but star meets..and 130.1not limits 13}, demand:, and insurance endorsements and all other expenses and coats incurred as in this escrow provided. 132.m. Each person signing s signing these heca instructions tiinstuctions the on this reverse side hereof authorizes you to reof authorizes you to deduct t from their Xnetsproceeds in this escrow funds amounthe they may owe 133. Each Pe 134. you in any signinghmatter. and severally agree to pay on demand all attorney's fees, costs and damages suffered or incurred by' you in case ofany 135. The oepartiesehereto jointly in connection with or arising out of this escrow, plus reasonable com- icon a lien upon all rights, titles and interest of each of the under- 137. controversy or time including expense i but not limited a suit in int ua i brought by you, 138. signedion all escrowed -and expense in then preparing for and/or or on s deposited sig court and you are hereby given your rights and to eunder. 139 signed in ever he context so requires. helm masculine gender includes' the n 'feminine and neuter, the singular number includes! the plural,, and the plural y and reimburse you rnumber includes 139_ Whenever 140. the singular. ,tin to this escrow any one, and you loan, exchange 141. Ali parties sores that as far as your rights and liabilities are involved, this transaction is an escrow and not any other legal relation an you are , herein described or of any profit realized by any person, firm or corporation (broker, agent and parties to this and/or any 142. holder only on the within expressed terms, and you shall have no responsibility of notifying any of the pa 143. or other transaction involving any property be deemed an original and 144. other escrow included) in connection therewith, regardless of the fact that such transaction(s) may be handled by you in this scrow or in another escrow. 145 These instructions may be executed in counterparts, each of which so executed shall, irrespective of the dote of its execution and delivery, 146 said counterparts together shall constitute one and the some instrument. Any amended supplemental or additional instructions given shall be subject to the fore- 147 going conditions and instructions. FORM 102 EXHIBIT "A" PARCEL NO. 1: THAT PORTION OF LOTS 4, 5, 6 AND 7' BLOEKC13MAPANDN THE THAT COUNTY ION OF. LOT. 2) BLOCK 19 OF MENTONE SAN*BERNARDINOJ STATE OF CALIFORNIA, AS PER MAP RECORDED IN E BOOK 8 OF MAPS, PAGE 81) IN THE OFFAICCEHOFETHETCOUNCOUNTY PR) RECORDER OF SAID COUNTY, *AND THAT PORTION OF DESCRIBED AS FOLLOWS *COMMENCING AT A.POINT ON THE NORTH RIGHTMADEIRAOF WAY LINENU 60 FOOT . SAID CENTERLINE • WIDE RIGHT .OF.. WAY � SOMETIMES KNOWN AS °AV POINT BEING' SOUTH fl9 DEG.- 59' ®,AAN ANGLEFPOINTROIN THE PROPERTY OF CR-AFTON: AVENUE , • SA i D POINT BEING CONVEYED TO SAN,—BERNARDINO VALLEY-WATEBRO CONSERVATION GEISIR82T IC -BY DEED -RECORDED DECEMBER.11) 1979 OFFICIAL: RECORDS OF SAID 'COUNTYL EN E NORTH ALONG TH WEST LINE OF. THE SAID: PROPERTY CONVEYED TOE --':WATER-,'EY CONSERVATION, DISTRICT' 600.00 FEET TTTO -THE TRUE POINT OF BEGINNING; -THENCE CONTINUING ALONG0 WET _TO -,AN pNGLE:POINT THEREI170 FEETCTO ANSANGLE FEET POiNTO JHEREAN POINT`THEREINVIHENCE NORTHO -THENCE-:.. NORTH . * 30 DEG: :00' 00° TOWEAT 70 POINT ETWT I AWANGIS LE.POINT . ATED -�. THEREIN; -THENCE: NORTH 13.90 FEET 20; FEET SOUTH. OF THE CENTERLINE OF A;P VE PRIVAETE DAD, KNOWN AS�SEVENTH.STREET (24 FEET PAVEDON . 47' 42"..'WEST PARALLEL' WITH THE SOUTH HLINEBASOANDSEC IO 17 TOWNSHIP 1- SOUTH:. RANGE 2 WEST, SAN BERNARDINO 958.85 FEET, TO, AN INTERSECTION OF SAID LINE EEWITH •THENCE EAST LIEE,OF I HAT 'CERTAIN PARCEL: OF LAND CONVEYED TO 1979MAY IN BOOK q ' DELAWARE .:CORPORATION,- RECORDSED OF SAID FD COUNTY; 1, THENCE SOUTH . 9 .O i PAGE 39 , OFFICIAL —00 -DEG , 00' .53" WEST .ALONG THE EAST LINE OF TE AFORE THESACENT ERLE NE '1212.05 FEET TO THE INTERSECTION OF SAID L I NE s -OF - SAID. MADEIRA AVENUE; THENCE SOUTH 89 DEG. 59' 07" EAST ALONG THECENTERLINE OF SAI�EST®E�IRA NEAVo�UTHE7AFORESAIDTPARLEL CONVEYED -.PARALLEL WITH .THEION . TO'SAN. BERNARDINO VALLEY WATEWT0169RD2TFEET FROMRTHE,PO�NT.OF 'FEET'28 TO- A POINT, WHICH IS EST BEGINNING; -.THENCE EAST:169.02 FEET .TO THE POINT OF BEGINNING. EXCEPTING.THERFROM THE SOUTH 33.0 FEET (MEASURED AT RIGHT ANGLES) THERETO:- - EXHIBIT "A" PARCEL NO. 2; - THAT- PORTION OF LOTS 4, 5, 6 AND 7 OF BLOCK 13 OF THE MENTONE STRETCH MAP AND THAT PORTION•OF LOT .2 OF BLOCK 19 OF THE MENTONE STRETCH MAP, AS PER PLAT RECORDED IN BOOK 8 OF MAPS, PAGE 81, RECORDS OF COUNTY OF SAN BERNARDINO, STATE'OF CALIFORNIA, DESCRIBED AS FOLLOWS:" "COMMENCING AT THE -CENTERLINE INTERSECTION OF CRAFTON AVENUE AND MADEIRA AVENUE, AS SAID INTERSECTION IS SHOWN BY TRACT NO. 2569: -AS PER PLAT RECORDED IN BOOK 36 OF MAPS, PAGE 72, RECORDS OF • .SAID COUNTY.; THE BASIS. OF BEARINGS FOR THIS LEGAL DESCRIPTION BEING THE CENTERLINE OF SAID CRAFTON AVENUE, AS SHOWN BY SAID TRACT NO..2569, SAID BEARING BEING NORTH 1 DEG. 39' '00" WEST; THENCE FROM THE. POINT OF COMMENCEMENT .SOUTH 89 DEG. 59' 07" EAST:ALONG THE CENTERLINE OF MADEIRA AVENUE, 2870.98 FEET TO :THE -CENTERLINE INTERSECTION OF SF'PPHIRE AVENUE, AS' SHOWN BY RECORD - OF. SURVEY RECORDED IN BOOK 53 OF SURVEYS, PAGE 39, RECORDS . -OF SAID COUNTY; -THENCE CONTINUING ALONG THE CENTERLINE OF SAID ,-MADEIRA AVENUE, SOUTH 89 DEG. 45' 16" EAST' 168.18 FEET; THENCE NORTH 00 DEG. 00' 00' EAST 30.00 FEET TO THE TRUE POINT OF BEGINNING . SAID -POINT. WHICH IS ON ,THE SOUTH LINE'OF SAID LOT 2 OF BLOCK 19 OF -SAID MENTONE STRETCH MAP, SAID POINT BEING ALSO SOUTH -89 DEG.'59' 07" EAST 3040 FEET FROM THE CENTERLINE OF SAID GRAFTON AVENUE: SAIDA.POINT BEING ALSO THE SOUTHWEST CORNER -OF THAT.CERTAIN PARCEL OF. LAND CONVEYED TO THE 'SAN BERNARDINO VALLEY WATER . CONSERVATION DISTRICT AS PARCEL "A" AND RECORDED IN BOOK 9831; . PAGE 1182, -OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 00 DEG; 00' 00":EAST ALONG THE WESTERLY LINE OF THE AFORESAID PARCEL -...CONVEYED TO_. SAN' BERNARDINO VALLEY WATER CONSERVATION DISTRICT, 597.00.FEET: THENCE'WEST 169.02 FEET, THENCE SOUTH 596.28 FEET, --THENCE.EASTERLY TO THE SOUTHWEST CORNER OF. PARCEL "A" AS CONVEYED .•.TO.:THE.SAN .BERNARDINO VALLEY WATER CONSERVATION DISTRICT AS RECORDED IN -BOOK 9831, PAGE 1182, OFFICIAL RECORDS OF SAID COUNTY, ::,SAID POINT BEING THE POINT OF BEGINNING. -' RESERVING..UNTO THE GRANTORS, THEIR HEIRS AND ASSIGNS, THE SOUTH 33.00-FEET, :SAID -33.00 FEET BEING MEASURED --AT RIGHT ANGLES TO THE'SOUTH'::LINE OF THE HEREINABOVE DESCRIBED PARCEL, SAID 33.00 FEET BEING IN MADEIRA AVENUE. . .ALSO RESERVING UNTO THE.GRANTORS, THEIR. HEIRS AND ASSIGNS, AN EASEMENT' `FOR: -INGRESS AND EGRESS FOR MAINTENANCE AND OPERATION OF THE EXISTING WELL -:SAID EASEMENT BEING DESCRIBED AS FOLLOWS: COMMENCING AT -THE CENTERLINE INTERSECTI.ON- OF MADEIRA- AVENUE AND'- SAPPHIRE .AVENUE; -AS SHOWN BY RECORD OF SURVEY RECORDED IN .BOOK-53 OF 'SURVEYS; PAGE 39, RECORDS. OF SAID COUNTY;.: THENCE SOUTH 89 1-.DEG . 45/-16" EAST ALONG THE CENTERLINE OF SAID MADEIRA . AVENUE i 13.32 FEET; IHENCE_NORTH 13, :QEC-�,._. ;' 32" EAST 33.93 FEET TO.:THE TRUE POINT OF -BEGINNING OF SAID EASEMENT, SAID POINT LYING ON -THE NORTH RIGHT OF WAY -LINE OF SAID MADEIRA AVENUE; :THENCENORTH 89 DEG. 45' 16" WEST ALONG THE NORTH LINE OF SAID -MADEIRA AVENUE 12.85 FEET; THENCE NORTH 13 DEG. 41' 32" EAST 264.20 FEET -;-THENCE NORTH 90 DEG. 00' 00" .EAST 78.83 FEET; THENCE. . AT -'RIGHT -ANGLES-- SOUTH 00 DEG. 00' 00" WEST 50.00 FEET; THENCE NORTH 90 DEG..00' 00" WEST 65,28 FEET; THENCE SOUTH. 13 DEG. 41' :32" .WEST'.212.85 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SAID MADEIRA•AVENUE.,-SAID POINT BEING SOUTH 89 DEG. 45' 16" EAST .12.85--FEET FROM THE POINT OF BEGINNING; THENCE NORTH 89 DEG: 45' 14," WEST 12.85.FEET TO THE POINT OF BEGINNING. • EXHIBIT "A" APPROVED PAGES 1 and.2. SELLER: CITY 0 .REDLANDS,:A-MDNICIPAL CORPORATION BY: 4 , BY: ATTEST BUYER: SEVEN W ENTERPRISES INC., a Delaware Corporation BY: and, WHEREAS, said Board of Directors did further order and direot that to each of said bonds, there should be attaohed the proper number of coupons, Coupons numbered respectively and consecutively, both inclusive, according to the number of semi-annual installments of interest to grow due on each particular bond, said coupons representing the installments of interest payable and that said coupons, except for variations necessary to express the amount, number and dates of maturity thereof, shall be substantially in the following form, to -wit: (FORM OF COUPON) Coupon No. Form of On the first day of , 19_, unless the bond hereinafter mentioned Coupon shall have been previously palled for redemption, East Lugonia Mutual Water Company will pay to the bearer of this coupon, on surrender of this coupon, at the offioe of the Title Insurance and Trust Company, of Los Angeles, Cali - To, '?-,'.rztrenty-Trust Company of New York, in the City of New York, State of New York, at the option of the hoi sr usree:i, �;.. y - in gold coin of the United States of America, being six months' interest then due on its First Mortgage Six and One -Half Per Cent Serial Gold Bond No. Dated: November 1, 1923 and, Secretary' WHEREAS, the said Board of Directors did further order and direot that upon each of said bonds, there should be indorsed a Trustee's Certificate substantially in the following form, to -wit: - Trustee's "TRUSTEE'S CERTIFICATE." Certificate This is to certify that this bond is one of the bonds described in the within mentioned deed of trust, dated November let, 1923, and executed by East Lugonia Mutual Water Company, to the undersigned as trustee. TITLE I NSURANCE AND TRUST COMPANY Granting Clause Property described By Vice -President." NOW THEREFORE, THIS INDENTURE WITNESSETH:- That the said East Lugonia Mutual Water Company, in consideration of the premises a l -:»?� 6.7_ 1 rr t ? f: •OJ to it In h,stm ism-" i,Y _ x hereby acknowledged, and in order to secure the payment of said bonds and coupons and the :faithful observance and performance of all the covenants and obligations of this instrument, has granted,targained, sold and conveyed and by these presents, does grant, bargain, sell and convey unto said party of the second part, as trustee, and its successor or successors in the trust, its and their assigns forever, all the following described real and personal property, situated in San Bernardino County, State of California, to -wit: - An undivided three -fourths interest in and to the following described tracts and parcels of land, to -wit: PARCEL NO. 1 All of the North half of the North half of Section 22, Township 1 South of Range 2 West, San Bernardino Base and Meridian, being also designated as -Lots 1, 2, 3, 4, in Block 27 of Menton', according to Map recorded in Book 8 of Maps, page 81, records of San Bernardino County. SAVING AND EXCEPTING THEREFROM, the following described parcels, to -wit: (a) BEGINNING at the Southwest oorner of the Northwest quarter of the Northwest Quarter of Section 22, Township 1 South, of Range 2 West, S.B.B. & N., thenoe North along the westerly line of said Section, 550 feet to a point; thence Easterly on a line parallel with the Southerly line of the North one-half of the North one half of said Section, 2300 feet to a point; thence Southerly on a line parallel with the Westerly line of said Section, 200 feet to a point; thence easterly on a line parallel with the Southerly line of the North one-half of the North -one-half of said Section, 600 feet to a point;thenoe Southerly on a line parallel with the Westerly line of said Seotion, 100 feet to a point; thenoe heterly on a line 250 feet north from the Southerly line of the North one-half of the North one-half of said Section, and parallel thereto, to its intereseotion with the Norther- ly bank of the Mill Creek Zama; thence Easterly along the Northerly bank of said Mill Creek Zanja to the point of intake of said Zanja on the South bank of Mill Creek Wash; thence Easterly along the top of the bank or bluff of said South bank of Mill Creek Wash to the point of intereeection with the Easterly line of said Section 22; thence South along the Easterly line of said Section to the Southeast corner of the t..;, f t!-1 q[�e.:,v-.:.s'a eluartcr t-1^at Section! -.1B3_+..-« -/f :u^ 1V UY UYLuwt: + .y,w ".,:.� ti0. +r. e..,. . ..- -r .� . South line of the North one-half of the North one-half of Seotion 22, to the point of beginning. (b) Tract of land described as:- Beginning at the Northeast corner of said Section 22; thence Westerly along the North boundary line of said Section 300 feet; thence Soutti 300 feet; thence East to the East Boundary line of said Section; thence North along the East boundary line of said Section to the point of beginning. PARCEL NO. 2 (a) Those portions of Lots 2 and 3, in Block 6, lying and being in Section 17, Township 1 South, of Range 2Weet, S.B.B. & M. (b) Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, Block 13. (c) Lots 10, 11, 12, 13, 14, 15, 24, 26, 27, 28, 29, 30, 33, 34 and 35, and that portion of Lot 31, lying in Section 17, Township 1 South, of Range 2 West, S.B.B. & M. (d) ALSO Lots 16, 17 and 23, SAVING AND EXCEPTING THEREFROM that certain irregular tract described as:- BEGINNING at a 4" x 4" stake, at the Northeast corner - - t - : _... N:y.. rest .e]:,3I, t'ss F* 1i+ '.tuez tuV .-frttm of Lit _ fz ^e�Z�. ��_.i.� Lg��a ...... 33.25 Engineer's Station 84.016.2 of the proposed spur track, thenoe South along the line between Lots 17 and 18, and between Lot 23 and Florida Ave., 700 feet; thence North- westerly on a direct line, making an angle to the North of 28 degrees, 6 minutes, with the last described curve, a distance of 597.3 feet, said course intersects the center line of said proposed spur at Engineer's Station 79*15.8; thence Northerly on a direct line, making an angle of 155 degrees, 20 minutes to the Northeast with the last described course, 181.5 feet to the intersection with the line between said Lots 16 and 17 and continuing on said last described line 650 feet to a point; thence southeasterly on a direct line, making an angle of 63 degrees to the South- east with said last described course, 340 feet, more or less to the East line of said Lot 17; thence South along the East line of said Lot 17, 521.3 feet to the point of beginning, containing 6.8 acres, more or less. (e) ALSO Lots 22, and 25, SAVING AND EXCEPTING therefrom the following deecrib- ed traot:- Property BEGINNING at the center of Section 17, Township 1 South, Range 2 West, S.B.B. & M., thence EFaterly along the center line of said Section 757.8 feet to a point; thence North one degree, 2 minuted west 92.3 feet for the true point of beginning; thence North 76 degrees, 43 minutee west, 224.85 feet to a point; thence North 22 degrees 8 minutes West, 353.7 feet to a point; thence North 76 degrees 11 minutes West, 37.1 feet to a point thence North 1 degree, 2 minutes West, 99.5 feet to a point, said latter point being in the center line of Florida Avenue, as shown on Map of Mentone, recorded in Book 8 of Mape, page 81; thence South 88 degrees, 57 minutes East, and along the center line of said Florida Avenue, 1220 feet to a point, (the intersection of Florida and Sapphire Avenues); thence South 31 degrees, 27 minutes West and along the center line of Sapphire Avenue, 372.5 feet;thence South 0 degrees, 33 minutes East and along the center line of Sapphire Avenue, 547.75 feet to a point; thence south 89 degrees, 27 t!"nn, nr..s i : mi1 -. .T.:.. zn3n.^_t: North 65 degrees 50 minutee West, 507.6 feet, to the point of beginning. ALL OF SAID LOTS BEING IN BLOCK 14. (f) Lots 3, 4, 5, 6, and 7, Block 18, SAVING AND EXCEPTING those portions of said Lots 3 and 4, described as follows, to -wit: (1) That portion of Lot 4, Block 18, of said Mentone described as follows, to -wit: BEGINNING at the Northeast corner of said Lot 4; thence from said point of beginning along the North line of said Lot 4, North 89 degrees, 56 minutes West (Magnetic Variation 15 degrees 30 minutes East), 740 feet to iron pipe in middle of Sapphire Avenue; thence along the middle line of said Sapphire Avenue South, 267.g feet to iron pipe at the intersection of said middle line of Sapphire Avenue with middle line of Arroyo; thence along the middle line of said Arroyo as nearly as may be, South 63 degrees, 12 minutes East, 230.2 feet to iron pipe; thence south 82 degrees 11 minutes East, 228.4feet to iron pipe; thence North 84 degrees 54 minutee East, 309.2 feet to iron pipe where said middle line of aforesaid Arroyo intersects the East line of said Lot 4; thence along the Eaet line of said Lot 4 (2) Those portions of Lots 3 and 4, in said Block 18 described as: BEGINNING at a point marked by an iron pipe in the Center line of Sapphire Avenue, 267.8 feet South of the North^est corner of said Lot 4; running thence South 63 degrees 12 minutes East, 230.2 feet to aniron oipe;thence South 82degrees;,11 minutes East,228.4 feet to an iron pioe;thence North 84 degrees 54 minutes East 309 feet to an iron pine; thence north 0 degrees,0 minutes Eaet 224. feet to the northwest corner of said Lot 3, 566 feet to a point in the middle line of Amethyst Avenue; thence along the middle line of Amethyst Avenue South 0 degrees 0 minutes East 820 feet; thence North 76 degrees, 36 minutes west, 331 feet; thence North 53 degrees 18 minutes west 300 feet;thence North 64 degrees 41 minutes West 483,feet; thence North 40 degrees, 5 minutes west, 73 feet;thence North 64 degrees 0 minutes west 284 feet to a point in the middle line of Sapphire Avenue; thence North 62 feet to the point of beginning, containing 12.11 acres more or less. (g) Lots 1, 2, 3, 4, and 5 being all of Block 19. (h) Lots 1, 2, and 3, Block 23, SAVING AND EXCEPTING therefrom the East 456 feet of said Lot 3. Property (1) Lots 1,2, 3, 9 and 10, in Block 25. (j) Lots 1, 2, and 3, being all of Block 26. All of the foregoing Lots and Blocks being according to Map of Mentone as recorded in Book 3 of Maps, page gl, records of said County. PARCEL No. 3 A portion of the Northeast quarter of the Northwest quarter of section 23, Township 1 South of Range 2 West, S.B.B. & M., described aa: BEGINNING at the Northwest corner of said Northeast quarter of the Northwest Garter of Section 23; thence along the west line of said Northeast Quarter of the Northwest quarter of Section 23, Southerly 660 feet to the foot of the Grafton Hills; thence in an easterly direction along the foot of said Crafton Hills to a point on the East line of the Northwest quarter of Section 23; thence along said East line northerly 520 feet to the northeast oorner of said Northwest quarter of Section 23; thence along the North line of Section 23, Westerly to the point of beginning, SAVING AND EXCEPTING THEREFROM a right of way not exceeding 25 feet in width for road purposes, according to deed recorded in Book 770 of Deeds, page 339, records of said County. PARCEL NO. 4. A portion of the Northwest quarter of the Northeast quarter of Section 23, town- ship 1 South, Range 2 West, S.B.B. & M., as follows: BEGINNING at the Northwest corner of the Northeast Quarter of Section 23; thence along the West line of said Northeast quarter of Section 23; southerly 520 feet to the foot of Crafton Hills; thence in an Easterly direction along the foot of said Crafton Hills to a point on the East line of the Northwest Quarter of the Northeast quarter of Section 23; thence along said East line Northerly 600feet to the North- east corner of said Northwest Quarter of the Northeast Quartor of Section 23; thence along the North line of Section 23, Westerly to the point of beginning, containing 16 acres more or less. SAVING AND EXCEPTING therefrom a right of way not exceeding 25 feet in width for _.. s +t=, . r... of said County. PARCEL NO. 5 Lot 1, Block 61, Town of Mentone, as shown on the Town Plot of Mentone, recorded in Book g of Maps, page 35, records of San Bernardino County. PARCEL NO. 6 Lot B, Block 43, according to Map of Block 43 being a resubdivieion of a portion of Hotel Block, as shown on Map of Mentone Towneite, as recorded in Book 6 of Maps, page 35, San Bernardino County, California, recorded in Book 23, page 18 of Maps, records of said County. All and singular the property of this Company, situated wheresoever, including all lands, water rights, reservoirs, reservoir sites, oancals, ditches, pipes and water conduits and all extensions thereof, both main and lateral, rights, franchisee, rights of way, easements, appurtenances, privi ege° and Intsrtst, paajing plants, shares of the capital stook of other mrporations,water works, machinery and appli- ances and all other property of whatever kind and nature, whether real, personal or 10 Property mixed, now owned or which may be hereafter owned; held or acquired by this corporation. All of said personal propert;, now owned by said Company, or in Which it has any interest, is located on the real estate hereinbefore described. Also all of the property which said c orporation now owns or which it may hereafter aoquire during the existenoe of the indebtedness mentioned in this deed of trust, and all and singular the franchisee, rights, privileges, and immunites now owned or enjoyed by the said corporation, or at any time hereafter acquired by it; and also all and singular the contracts, agreements and licensee now owned or enjoyed by the said oorporation, or at any time hereafer acquired by it. Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also ail the real estate, right, title, interest, property, possession, claim and demand what - property, and every part and parcel thereof, with full pores to said trustee and the persona olaiming under this deed of trust so far as they.lawfully may, to succeed to and enjoy all the said property, rights, privileges, immunities, franchises and otherwise, of said East Lugonia Mutual Water Company. TO HAVE AND TO HOLD, the above described and above mentioned property, rights, privileges, immunites and franchises unto said trustee, its successor and successors in said trust, and its and their and each of their assigns to their own proper use, benefit and behoof whatever, but in trust, nevertheless, under the terme of this indenture, to -wit: ARTICLE I. Particulars of Issue Form Section 1. The bonds issued hereunder, together with the interest coupons and Title appertaining thereto shall be substantially of the tenor and purport hereinbefore recited, and shall be known as "First Mortgage, Six and one-half Per Cent Serial Gold Bonds, of East Lugonia Mutual Water Company." Section 2. Said bonds shall be dated November 1st, 1923, and one hundred • _v Date of Dollars each, and eighty (80) of said bonds a hall be of the denomination of Five Maturity Bonds described Hundred ($500.00) Dollars each, and all of said bonds shall bear interest at the rate of six and one-half (6 %) per cent per annum, payable semi-annually, on the first days of May and November of each year. All of said bonds shall' be due and payable as follows: The first twelve of said bonds, being bonds numbered from 1 to 12 inclusive, shall be due and payable on the first day of November 1925, and of said bonds those numbered from 1 to g inclusive shall be for One Thousand ($1000.00) Dollars each, and those numbered from 9 to 12 inclusive shall be for Five Hundred ($500.00) Dollars each; the next twelve of said bonds, being bonds numbered from 13 to 24 inclusive shall be due and payable on the first day of November, 1926 and of said bonds those numbered from 13 to 20 inclusive shall be for One Thousand ($1000.00) Dollars each, and those numbered from 21 to 24 inclusive shall be for Five Hundred ($500.00) Dollars each; the next twelve of said bonds, being bonds numbered from 25 to 36 inclusive sha,i due and payable on the first day of November, 1927, and of said bonds those numbered from 25 to 32 inclusive, shall be for one Thousand (51000.00) Dollars each, and those numbered from 33 to 36 shall be for Five Hundred party of the first part does by these presents remise, release, and forever quitclaim unto the said parties of the second part, and to their heirs and asaigna forever, all that certain lot or parcel of land situate in the County of San Bernardino, State of California, and bounded and particularly described as follows, to -wit: An undivided one-fourth interest to the City of Redlands, California, and an undivided three -fourths interest to East Lugonia Mutual Water Company, in the property described as follows: A portion of the NE 1/4 of the NW 1/4 of Section 23, Township 15 _ Rar.;;P 2 Weet, S. B. R tf,, California, described as follows: Beginning at the NW corner of said NE 1/4 of NW 1/4 Section 23, thence along the West line of said NE 1/4 of the NW 1/4 of Section 23, Southerly 660 feet to the foot of the Crafton Hills, thence in an Easterly direction along the foot of said Crafton Hills to a point on the Eest line, of thr NW 1/4 of Section 23, thence along said East line Northerly 520 feet to the NE corner of saf.d NW 1/4 of Section 23, thence along the North line of Section 23, Westerly to the point of beginning, containing 15 acres, more or less. Also, a portion of the NW 1/4 of the NE 1/4 of Section 23, Township 1 South, Range 2 Went, s. B. & M.. California, described as follows: Beginning at the NW corner of the NE 1/4 of Section 23, thence along the West line of said NE 1/4 of Section 23, Southerly 520 feet to the foot of the Crafton Hills; thence In an Easterly direction along the foot of said Crafton Hills to a point on the East line of the NW 1/1i of the NE 1/4 of Section 23; thence along said East line Northerly 600 feet to the NE corner of said NW 1/4 of the NE 1/4 of Section 23; thence along the North of beginning, containing 16 acres more or less. This deed is made subject tc and reserving to the 25 feet in width upon, overandacroes said property for right of way to be fixed by the grantor. There is also way upon, over and across any and all other property of line of Section 23, Westerly to the point grantors a right of way not exceeding road purposes, the location of such granted to the grantee, a right of the grantor adjoining any of said lanrre above described to construct and maintain a pipe line or lines under the surface of such land for the conveyance of water through the same. Said pipe lines when constructed to be laid at a sufficient depth below the surface of the ground so ae not to interfere with proper cultivation of said land. TOGETHER with all and singular, the tenements,hereditaments and appurtenances thereuntr belonging,or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. TC HAVE AND TO HOLD all and singular, the said premises together with the appurtenances, unto the said parties of the second part and to their heirs and assigns forever. IN WITNESS WHEFEOF, the said party of the first part has hereunto set his hand t},e day and year first above written. John Barnett Williams STATE OF CALIFORNIA SS. COUNTY OF SAN BERNARDINC ) 0n this 6 day of September, in the year one thousand nine hundred thirty nine, before me, JAY C. SEXTON, a Notary Public in and for said County and State, pereonally appeared JOHN BARN_ WILLIAMS, known to me to be the person described in and whose name is subscribed to the within instrument, and acknowledged that he executed the same. WITNESS my hand and official seal the day and year in this certificate first above written. JOTARIAL SEAL) .'ay C. Sexton Notary Public iri and for eaid County and State No. 67 "Endorsed" Recorded at Request of Attorney,, Jan. 12, 1940, at 11:07 A. M. in Book 1367, Page 419, Official Records, San Bernardino County, Calif,; Ted R. Carpenter, County Recorder, by A. R. Schultz, Deputy. Fee 81.30/9. Compared CORPORATION GRANT DEED EAST LUGONIA MUTUAL WATER COMPANY, a corporation organized and existing under the laws of the State of California, and having its principal place of business at Redlands, California, in consideration of the assumption of the indebtedness against the hereinafter described property, does hereby GRANT to CITY OF REDLANDS, a m#nicipal corporation, all that real property situate in the County of San Bernardino, State of California, described as follows: All that certain property situated in the County of San Bernardino, State of California, now owned by the EstLugonia Victual Water Company, a corporation and more particularly described in that certain deed of trust executed �by tthe East Lugonia Mutual Water Company, a corporation, insurance and Trust Company as of the 1st day of November. 1923, and recorded on the llth day of January, 1924, in Book 830 of Deeds at page 1, San Bernardino County Records and re -recorded on the 13th day of September, 1935 in Book 1093 at pag e 1 of Official Records of San Bernardino County, and which is subject to the lien thereof. Also, including the 31 acres conveyed to said Company.by John B. Williams andrecorded on the 12th day of_ January,. 191 0 in Book dulyof Official Records of the San Bernardino County at page _. Cty Recorder1s Oer'fficeo EXCEPTING therefrom the East56 feet of Lot 2, Block 23, according to Nap of Menton, as per plat recorded in Book 8 of Maps, page 81. EXCEPTING those certain properties to be retained to the East Lugonia Mutual Water Company described as follows, to wit: A five acre parcel of land situated r notheast of Mentone,in onthe Bear Valley • Mutual Water Company's Redlands Canal the County of San Bernardino, State .of California, bounded and described as follows: Beginning at the southwest corner of Lot,26A_of Stretches Map of Mentone, said point being on the west line of Section 17, Township one South, Range two west, San Bernardino Base and Meridian; thence northerly fifty two(52.00) feet along west line of said section 17; thence easterly four hundred(400.00) feet at right angles to west line of said section 17 to afpoint o� 1 hundred foLot rty of Stretches Map of Mentone; 'thence southerlyet five hun to thefCyst four and fifty one hundredths(5Zt1�.o5 ) line of said section 17 to a point in Lot 31 of Stretches g p es of Mentone; thence westerly on a line which is at right to the west line of said section 17 to the west section line of le) said section 17; thence northerly along said west section „T,„ point of beginning and containing five acres more or less, on which property the right to develop water is limited to one hun- dred (100) miners inches, it being understood that Al) other water rights of every nature pass to City under this deed. ALSO, excepting that certain Well No. 5 and a certain Lugonia Avenue Pipeline described as follows: All of lot 1, Block 61, Town of ivientone as shown on the Town Plot of Mentone recorded in Book 6 of Maps, page 35, records of San Bernardino County, together with well, pumping; plant and equip- ment; saving and excepting the existing East Lugonia Mutual Water Company's steel and concrete main pipeline and regulating box now located on said lot 1, which are included in the within deed. It being agreed that the Company is to retain an Easement in and to said main pipeline, from said property to the Distribution line hereinafter described. Also, excepting to the Company all of that certain pipeline together with gates, turnouts, weir -boxes and all other appurtenant structures extending from the Bear Valley Mutual Water Company's Canal in Lot 16, Block 43 of Stretches map of Mentone and running westerly `a .Ong the north side of Lugonia Avenue to Judson Street. Also, excepting Lot 8, Block 43, according to Map of Block 143 being a resubdivision of a portion of Hotel Block, as shown on Map of Mentone Townsite, as recorded in Book 6 of Maps, page 35, San Bernardino County, California, recorded in Book 23, page 18 of Maps, records of said County; TOGETHER with the appurtenances thereunto belonging. IN WITNESS WHEREOF, said EAST LUGONIA MUTUAL WATER COMPANY, a corporation, has hereunto caused its corporate name to be subscribed and its seal affixed by its President and Secretary, thereunto duly authorized by resolution of its Board of Directors, this 19th day of May, 1911. EAST LUGONIA MUTUAL WATER COMPANY, a Corporation /s/ .By J. J. Prendergast President /s/ By Eart D. Finch Secretary