Loading...
HomeMy WebLinkAboutContracts & Agreements_67-2024RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK'S OFFICE CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED t6A GOVERNMENT COX SECTION 6103 Electronically Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2024-0128987 06/05/2024 Titles: 1 Pages: 13 12:14 PM SAN Fees $0.00 Taxes $0.00 J9534 CA SB2 Fee $0.00 Total $0.00 (THIS SPACE FOR RECORDER'S USE ONLY) AGREEMENT FOR ANNEXATION AND PROVISION FOR CITY UTILITY SERVICES This Agreement for Annexation and Provision of City Utility Services ("Agreement") is made and entered into this 16th day of April, 2024, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California ("City") and Ernest A. Zinke and Nancy Anne Zinke ("Property Owners"). City and Property Owners are sometimes individually referred to herein as a "Party" and, together, as the "Parties." RECITALS WHEREAS, to provide for orderly planning, City (1) has the authority pursuant to Government Code sections 65300 and 65301 to include within its General Plan property outside its boundaries which is in City's sphere of influence or, which in City's judgment, bears a relation to its strategic planning, and (2) also has the authority pursuant to Government Code section 65859 to pre -zone property within its sphere of influence for the purpose of determining the zoning designation that will apply to such property in the event of a subsequent annexation of the property to City; and WHEREAS, California case law, including but not limited to, Dateline Builders, Inc. v. City of Santa Rosa (1983) 146 Cal. App. 3d, 520 and County of Del Norte v. City of Crescent City (1999) which state in relevant part that it is not against the law or public policy for a city or county to use utilities as a tool to manage growth, provides that a city has no obligation, and may use its sole discretion, to extend utility services outside its corporate boundaries; and WHEREAS, Property Owners own a parcel of land generally located at 31565 Highland Avenue, Redlands, CA 92374 and identified as county of San Bernardino Assessor's Parcel Number 0299-152-04-0000 ("Property") in the unincorporated area of the county of San Bernardino within the City's sphere of influence, as described in Exhibit "A" titled "Site Plan" and Exhibit "B" titled "Grant Deed" has made a request and application to City to receive water service for property located in the unincorporated area of the county of San Bernardino, and has provided evidence satisfactory to City that the Property Owners are the fee owners of the Property; and 1 1:\cmo\Agreements\31565 Highland Ave. Agreement for Annexation and Provision for City Utility Services FY23-0066.docx-ms DOC #2024-0128987 Page 2 of 13 WHEREAS, Government Code section 56133 authorizes the City to provide new or extended utility services by contract outside its jurisdictional boundaries if it first receives written approval from the Local Agency Formation Commission for San Bernardino County ("LAFCO"), and provides that LAFCO may authorize City to provide such services within City's sphere of influence in anticipation of a later change of organization; and WHEREAS, City's General Plan and Chapter 13.60 of the Redlands Municipal Code establish policies and procedures for the approval of City utility services to properties located within the City's sphere of influence and require, among other things, the owners of the property to be served to enter into an agreement, and record the same in the official records of the county of San Bernardino, requiring the property owners to annex the property to City upon certain conditions; and WHEREAS, City has prepared a General Plan for the unincorporated area in which the Property is located to provide for the orderly planning of such area, and has determined that the proposed development of the Property is consistent with the goals and policies of City's General Plan; and WHEREAS, it is the policy and goal of City to discourage and not facilitate development in City's sphere of influence which is unwilling and/or fails to comply with City's General Plan and City's development standards by refusing to extend utility services in such instances; and WHEREAS, pursuant to the requirements of Chapter 13.60 of the Redlands Municipal Code and in consideration for City's agreement to extend utility services outside its jurisdictional boundaries to the Property, the Property Owners have entered into this Agreement to provide assurances to City that connection to City's domestic water system will occur in accordance with the Redlands General Plan and the development standards of the Redlands Municipal Code, and that the Property shall be annexed to City in accordance with this Agreement's terms, provisions and conditions; NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the City of Redlands and the Property Owners agree as follows: AGREEMENT 1. Recitals. The foregoing recitals are true and correct. 2. Provision of Utility Services. City agrees to provide domestic water service only for residential indoor use and incidental residential landscaping to the Property. Use of domestic water service for agricultural or farming irrigation activities is prohibited. The provision of domestic water service shall be consistent with the terms and conditions of this Agreement, provided that the connection complies with all rules and regulations of City governing the extension and provision of utility services to properties located outside City's boundaries at the time a request by the Property Owners for application for a water connection is approved by City's Municipal Utilities and Engineering Department. Nothing herein represents a commitment by City 2 I:\cmo\Agreements\31565 Highland Ave. Agreement for Annexation and Provision for City Utility Services FY23-0066.docx-ms DOC #2024-0128987 Page 3 of 13 property and the owners of such property. 10. Indemnity and Cost of Litigation. A. Property Owners agree to and shall hold City, and its elected and appointed officials, officers, agents, and employees free and harmless from any and all liability for damage or claims for damage for personal injury, including death, and claims for property damage which may arise from the operations, errors, or omissions of Property Owners or those of its contractors, subcontractors, agents, employees or any other persons acting on Property Owner's behalf which relate to development of the Property. Property Owners agree to and shall defend, indemnify and hold harmless City, its elected officials, officers, agents, employees and representatives from all actions for damages caused or alleged to have been caused by reason of Property Owner's acts, errors or omissions in connection with the development of the Property. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of Property Owner's or its representatives' acts, errors or omissions regardless of whether or not City supplied, prepared or approved plans or specifications relating to the development of the Property and regardless of whether or not any insurance policies of Property Owners relating to such development are applicable. B. Property Owners shall defend, at its expense, including attorneys' fees, indemnify and hold harmless City, and its elected and appointed officials, officers, agents and employees from any claim, action or proceeding against any of them to attack, set aside, void or annual the approval of this Agreement or the approval of any permit or entitlement granted in furtherance of this Agreement. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding. 11. Liquidated Damages. In the event that the property is not annexed to City in accordance with the terms of the Agreement, the then existing owners of the Property shall pay each year to City, as liquidated damages, a sum equal to the property taxes and any sales taxes the City would have received had the Property been annexed. Failure to make such liquidated damages payments shall be good cause for City to cease service to the Property. 12. Section Headings. All section headings and sub -headings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 13. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of California. 14. Attorneys' Fees. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for a Parry's use of in-house counsel. 15. Binding Effect. The burdens of this Agreement bind and the benefits of this Agreement inure to the assigns and successors in interest of the Parties. 4 I:\cmo\Agreements\31565 Highland Ave. Agreement for Annexation and Provision for City Utility Services FY23-0066.docx-ms DOC #2024-0128987 Page 4 of 13 to provide such service unless and until the Property Owners comply with all such rules and regulations. As a condition of approval of an application for water connection, and prior to receiving any service, the Property Owners agree to pay the full cost of such service as established by City for the extension of utility services to the Property. 3. Agreement to Develop by City Standards. In consideration of City's agreement to provide City water service to the Property, the Property Owners shall develop the Property in accordance with the Redlands General Plan and any applicable development standards of the Redlands Municipal Code. 4. Agreement to Annex. In consideration of City's agreement to provide City water service to the Property, the Property Owners hereby irrevocably consent to annexation of the Property to City and agrees it shall take any and all reasonable and necessary actions, and fully and in good faith cooperate with City, to cause the annexation of the Property to City. Property Owners and City agree that in the event City initiates an annexation of the Property, City shall be responsible for the costs of such annexation. In all other instances where the annexation of the Property is proposed to City, Property Owners shall be responsible for such costs. 5. Payment of Fees. As a condition of receiving domestic water service from City, Property Owners shall pay to City all then -established applicable development impact fees, water acquisition fees, and user fees specifically for such domestic water service. 6. Taxes and Assessments. Property Owners hereby consent to the imposition of, and agrees that Property Owners shall pay, all taxes and assessments imposed and/or levied by City which may be applicable to the Property at the time the Property is annexed to City. 7. Recordation. By entering into this Agreement, Property Owners and City acknowledge and agree that, among other things, it is the express intention of the Parties that any and all successors in interest, assigns, heirs and executors of Property Owners shall have actual and constructive notice of Property Owner's obligations under, and the benefits and burdens of, this Agreement. Therefore, this Agreement and any amendments hereof, shall be recorded in the official records of the county of San Bernardino. Property Owners further agree that City shall, at the sole cost of the Property Owners, have the right to cause the recordation of this Agreement. 8. Breach/Failure to Annex In the event Property Owners fail to comply with its obligations under this Agreement or takes any action to protest, challenge, contravene or otherwise breach any of its obligations or representations under this Agreement, City shall have the right to, without any liability whatsoever, cease the provision of City utility services to the Property. This right shall be in addition to any other legal or equitable relief available to City. 9. Not a Partnership. The Parties specifically acknowledge that Property Owner's development of the Property is a private project, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint -venture or other association of any kind is formed by this Agreement. The only relationship between City and Property Owners is that of a governmental entity regulating the development of private 3 1:\cmo\Agreements\31565 Highland Ave. Agreement for Annexation and Provision for City Utility Services FY23-0066.docx-ms DOC #2024-0128987 Page 5 of 13 16. Authority to Execute. The person or persons executing this Agreement warrant and represent that they have the authority to execute this Agreement on behalf of the legal, fee title owners of the Property. 17. Waiver and Release. Property Owners hereby waives and releases any and all claims it may have against City, and its elected and appointed officials, officers, employees and agents with respect to any City actions or omissions relating to the development of the Property, and the Parties' entry into, and execution of, this Agreement. Property Owners makes such waiver and release with full knowledge of Civil Code Section 1542, and hereby waives any and all rights thereunder to the extent of this waiver and release, of such Section 1542 is applicable. Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 18. Construction. The Parties agree that each Party and its counsel have reviewed this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement. The Parties further agree that this Agreement represents a voluntary "arms -length" transaction agreed to by and between the Parties and that each Party has had the opportunity to consult with legal counsel regarding the terms, conditions and effect of this Agreement. 19. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties as to the matters contained herein, and there are no oral or written representations, understandings or ancillary covenants or agreements which are not contained or expressly referenced herein, and no testimony or evidence of any such representations, understandings or covenants shall be admissible in any preceding of any kind or nature to interpret or determine the terms or conditions of this Agreement. CITY OF By: die Tejeda, Mayor ATTEST: B e Donaldson, City Clerk PROPERTY OWNER By: ErnestA I1 ke_ , Owner By-7�.' Nancy Aloe Zinke, Owner 5 I:\cmo\Agreements\31565 Highland Ave. Agreement for Annexation and Provision for City Utility services FY23-0066.docx-ms DOC #2024-0128987 Page 6 of 13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califolnia zo).? V NO-r A '116 On Q,r\\ 2\0,,W24 before me, Date C.I/1vl County of it personally appeared 1 ‘t o(R• CA-61%.4 }A\OlA He Insart Name and it of the O i r Name(s) of Sigr(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that e/s e/they executed the same in I/s/hIr/their authorized capacity(ies), and that by !'S/htr/their signature) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. L. R. MCCASLAND Notary public - California Riverside County Commission # 2480168 My Comm. Expires Feb 19, 2028 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL q%)1()(A Signature • • ary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact o Trustee 0 Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association DOC #2024-0128987 Page 7 of 13 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of San Bernardino } On OCI //! /2OZ_ 4 before me, A Mccomas Notary Public personally appeared 'N%.V\l (Here insert name and title of the officer) 7_t1/1. EvvNe_s�- IA . 21'v►,V..e who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he/she/ a executed the same in his/her hei authorized capacity(ies), and that by his/her/ ei signature(s) on the instrumen e person(s), or the entity upon behalf of which t erson(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE my hand and official seal. Notary Public Signature (Notary Public Seal) '"`' • A. MCCOMAS `' • COMM.42341291 —4 P 6 "" 4ti NOTARY PUa C • CAUFORNIA C./2ra- Js xf RiJERS011: COUNTY "`'I nr ,. My Comm. E`PirxsJANUARY u 2025 INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION Thisform complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /aee ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) O Partner(s) O Attorney -in -Fact ❑ Trustee(s) ❑ Other DOC #2024-0128987 Page 8 of 13 �)am3ti A Site Plan 31565 Highland Avenue Redlands, CA 92374 Pre -Annexation Agreement DOC #2024-0128987 Page 9 of 13 EXHIBIT "B" GRANT DEED [Attached} 7 I:\cmo\Agreements\31565 Highland Ave. Agreement for Annexation and Provision for City Utility Services FY23-0066.docx-ms DOC #2024-0128987 Page 10 of 13 RECORDER) REQUES IED BY: ANDaWHEN MAL Mr. Emsst A. Zinke 31565 Highland Avenue Redlands, CA 92374 Tub Order No.: GRANT DEED Recorded in Meal Records, County of San Bernardino DENNIS DRAEGER ASSESSOR — RECORDER — CLERK P Counter Doo#: 2012-0387715 i i 9/19/2012 3..34 PM MP TM= 1 Pageac 2 Escrow Nto.: Fees 18.00 Taxes 0.00 Other 0.80 PAID 518.00 THE_UNDERSIGNED-GRANTOR(S)_DECLARE(S) DOCUMENTARY TRANSFER TAX is $6.00 • Computed on full value of property conveyed, or [ ] computed on full value less value of liens or encumbrances remaining at time of sale. Unincorporated area [ ] City of Unincorporated area FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Ernest A. Zinke, a Married Man, as his sole and separate property hereby GRANT(s) to: Ernest A. Zinke and Nancy Anne Zinke, Husband and Wife as Joint Tenants the real property in the City of Unincorporated are County of San Bernardino, State of California, LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF Also Known as: 31565 Highland Avenue Redlands, CA 92506 AP#: 0299-152-04 DATED September 14, 2012 STATE OF ORNIA •. eau cfq Onn 4crr,, ill, before me, LU, f � p A- A Notery Public In and for said Stale personally appeared L ryt.E.& 3- pr 7-wtt- — who proved to me on the basis of satisfactory evidence to be the person(df whose name() isfarb subscribed to the within instrument and acknowledged to me that h executed the same in hisih¢Ntttef* authorized capa t and that by his/hpflepar signature(p) on the the person(0 or the entity upon behalf of which the person(' acted, executed the Instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is tote and correct WITNESS my hagtd and official seas. Sign MAIL Ernest A. Take LESLIE A..ROBSON CommRearm ecoal i tee.zzoo E 111 P OWN W; IF NO PARTY SHOWN, MAIL ASSDIRECTED ABOVE: DOC #2024-0128987 Page 11 of 13 Oderlhse6s: 88218481111808 PvgeNumber; 8 LEGAL DESCRIPTION Real party inthe tminoorponded web of the County of San Bentedno, Stale of Oilifornia, described as Allows: LOT 1, IN BLOCK 22, OF THE CRAFTON TRACT", IN THE COUNTY oP SAN BERNARDINO, STATE OF CALIFORNIA„ AS SHOWN ON A MAP RECORDED IN BOOK 3L PA1 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; TOG THER WITH THAT PORTION OF THE SOUTH ONE-HALF OF HIGHLAND AVENUE (FOURTH AVENUE) AQIDINING SAID LOT 1 ON THE NORTH, VACATED AND ABANDONED BYA RESOLUTION OF THE BOARD OF SUPERVISORS RECORDED 3ANUARY 10,1931 IN.BOOKmoo. PAGE 473 OF OFFAL RECORDS; EXCEPTING ING TIEREFRO4 THAT PORTION OF SAID LOT 1, Dm= AS FOLLOWS: BEGINNING AT THE SOUTH EAST CORNER OP LOT 2, BLOCK 22 OF SAID CRAFTON TRACT`, 'THENCE NORTH 293.23 FEET ALONG THE EAST UNE OP SAID LOT 2 TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED IN D ENT 2007 27;:REOORDS OF SAID COUNTY; 'THENCE EAST 29.0E FEET PARALLI9. WITH THE SOUTH LINE OF SAID LOT 1 TO A UNE PARALLft WITH AND 29.08 FEET EAST OF SAID EAST LINE OF LOOT 2; THENCE SOUTH 293.23 FEET PARALLEL WITH AND 29.0E FEET EAST OF SAID EAST LINE OF LOT 2 TO THE SOUTH LINE OP SAID LOT 1; THENCE WEST 29.0E FEET ALONG SAID SOUTH LINE OF LAT 110 THE Pogo OF SWIWONG. THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPIJANCE RECORDED FEBRUARY 19, 2014, AS D ISIRUME4T NO.1467095, OP OFFICIAL RECORD. PARCEL 2: APN: 0299.152-03 & 0299-352-04 (PORTION) LOT 3, IN BLOCK 22, OF THE GRAF ON TRACT, IN THE COUNTY OF SAN BERNARDINO, STATE OP CALIFORNIA, AS SHOWN ON A MAP RECORDED IN K .ar 1,443E 14 CIF MAPS, IN THE OFRCE OF THE COUNTY RECORDER OF SAID COUNTY; TOGETHER WITH THAT PORTION OF THE EAST ONE-HALF OF °C STREET AWOINING SAID LOT 3 ON THE WEST, VACATED AND ABANDONED BY A RESOLUTION OF THE BOARD OF SUPERVISORS ON DULY 7, 1903; ALSO TOGETHER WITH THAT PORTION OF LOT 2, OF SAID CRAFTON TRACT AS FOLLOWS: BEGRIMING AT VACATED)VIE STREET (NOW PS SHOWN ON SAID CRA>=i�ON TW�uCr LOT 2 AND Tim LINE OF'C' FfistAmettainllh Page8afi7 DOC #2024-0128987 Page 12 of 13 PSO Number: 9 THENCE NORTH 155.00 FEET ALONG SAID CENTER LINE OF V STREET TO A LINE PARALLEL WITH AND 155.00 FEET NORTH OF SAID SOUTH LINE OF wr THENCE EAST 55.00 FEET PARALLA WITH AND 155.00 FEET NORTH OF SAID SOUTH LIAR; OF LOT 2 TO A LINE PARAU.8. W1TH AND 55.00 FEET EAST OF SAID BITER LINE OF *Cu STREET; THENCE SOUTH 155.00 FEET PARALLI3. W1 H AND 55.00 FEET EAST OF SAID CENTER LINE OF V STREET TO THE SOUTH LINE OF SAID LOT 2; THENCE WEST 55.00 FAT ALONG SAID SOUTH LINE OF Lai' 2 TO THE POINT OF BEGINNING. THIS LEGAL DESdtWf0N IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED FEBRUARY. 19,.2014, AS INSTRUMBIT NO. 14-67096, OF OFRCIPL RECORDS. PARCEL 3: APNS; 0299-152-04 (PORTION) & 0299-152-01 (PORTION) ALL THAT PORTION OF THE PROPERTY DESOUBED D1 EXHIBIT ONE OF INSrRIDIENT NUMBER 2007- 0626.027 RECORDED NOVEMBER 9, 2007 IN THE OFFICE OF THE COUNTY REt RDER, COUNTY OF SAN BERMARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS; LOT 2, BLOCK 22 OF CRAFTON TRACT, AN THE CITY OF RE LANDS, COUNTY OP SAN BBNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK LEAGE 14 OF MAPS, IN THE OFFICE OF THE "COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION OF LOT 2 LYING NORTHERLY AND WESTERLY OF A LINE LOCATED AND BEGINNING AT A POINT IN THE EAST LBW OF SAID LAT 2, 360 FEET SOUTH OF THE COTTER LINE OF HIGHLAND AVENUE AND RUNNING THENCE WEST, PARALLEL WITH THE CENTER UNE OF SAID HIGHLAND AVENUE, 598 FEET; THENCE SOUTH 48° 45' WEST, DO FEET, MORE OR LESS, TO TILE INTERSECTION THEREOF WITH THE WEST LINE OF SAID LOT 2, AS SAID UNE WAS ESTABUSHED BY BOUNDARY LINE DEEDS BY AND BETWEEN LEWS F. CASE AND Emus W. CASE, SOMETIMES KNOWN AS LENA E. CASE, HUSBAND NW WIFE AND B,LISON ROBBINS CANIEROBIRY AtW HAZEL CANTERBERRY, HTS WIFE, DATED 3ANUARY 19,192B, REQORDB) IN BOOK 324,.. PAGES 77 AND RESPECt1VB.Y, OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION OF "C° STRUT LYING BETWEEN tomEL AVENUE AND FIFTH AVENUE ADJACENT TO THE PROPERTY MEIN DESCRIBED ON THE WEST, AS VACATED AND ABANDONED BYA RESOLUTION OF THE BOARD OF SUPERVISORS ON 3ULY 7,193. ALSO EXCEPTING THISIEFROM THAT PORTION OF SAID LOT 2, DESCRIBED AS FOLLOWS: AT ME INTERSECTICS1 OF THE SCUM LINE OF SAID LOP2 ANDTHE CENTER UNE OF C" STREET (NOW VACATED) AS SHOWN ON SAID CRAFTON TRACT; TH9NCE NORTH 155.00 FEET ALONG SAID CENTER UNE OF °C STREET TO A LINE PARALLEL WITH AND 155.00 FEET NORTH OF SAW SOUTH LINE OP LOT 2; THENCE EAST 55.00 FEET PARALLEL WITH AND 155.00 FEET NORTH OF SAID SOUTH LINE OF LOT 2 TO A LURE PARALL®. WITH AND S5.00 !$T EAST OF SAID CENTER LR OF C STREET; THENCE SOUTH 155.00 FEET PARALLEL WITH AND 55.00 FEET EAST OF SAID CENTER LIE OF "C' STREErTO THE SOUTH LINE OF SAID LOT 2; tAmakan lie Page 9d DOC #2024-0128987 Page 13 of 13 Odlert: onmesoot AeW 1iiMber 10 THENCE WEST 5E00 FEET ALONG SAID SOUTH LINE OF LOT 2 TO THE POINT OF ALSO TOGETHER WITH THAT PORTION OF LOT 1, BLOCK 22 OF SAID CRAFTON TRACT, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH EAST CORNER OF LOT 2, BLOCK 22 OF SAID OiAFTON TRACE int= NORTH2B1211RIET ALONETHEFSSIUNEOE.SA1D.LOT-2]0TtE:NORT1EAST CORNER OF THAT PARCEL OF LAND CONVEYED IN INSTRUPIENT NUMBER 2007-06260V, RECORDS OP SAID COMM" THENCE EAST 29.0E FEET PARALL& WITH THE SOUTH LINE OF SAID LOT 1 TO A LINE PAR'ALLO. WITH AND 29AB PEST EAST OF SAID EAST LINE OF LOT 2; THENCE SOUTI1293.23 For PARALLEL WITH AND 29AB FEET EAST OF SAID EAST L3NE OF LOT 210 THE SOUTH LINE OF SAID LOT I; THENCE WEST 29A8 FEET ALONG SAID SOUTH UNE OF LOT 1 TO 119g POOR OF BEGINNING.. MS LEGAL DESCRIPTION IS WADE PURSUANTTO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED FEBRUARY 19 2014, AS INSiRINREAR NO. 1467097, OF OFFICIAL RECORDS. APN: 0299-452-01-0 000 & 0299-152 O3 O 000 & 0299-15 09.0400