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HomeMy WebLinkAboutDeeds & Easements_01-2026ERECORDING REQUESTED BY City of Redlands, Development Services AND WHEN RECORDED MAIL DOCUMENT TO: NAME City Clerk's Office STREET ADDRESS City of Redlands PO Box 3005 CITY, STATE T TE& Redlands, CA 92373 Fees Not Required Per Government Code Section 6103 Electronically Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2026-0018292 01/26/2026 Titles:1 Pages:15 11:44 AM SAN Fees $0.00 Taxes $0.00 14311 CA SB2 Fee $0.00 Total $0.00 Tract No. 20755 SPACE ABOVE FOR RECORDER'S USE ONLY The undersigned grantor declares: The DOCUMENTARY TRANSFER TAX $ 0.00 computed on full value of property conveyed, or computed on full value less liens and encumbrances remaining at time of sale. Unincorporated Area; City of REDLANDS Grant of Sidewalk Easement Title of Document THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) DOC #2026-0018292 Page 2 of 15 RECORDING REQUESTED BY: CITY OF REDLANDS DEVELOPMENT SERVICES DEPT. 35 CAJON STREET, STE. 20 REDLANDS, CA 92373 WHEN RECORDED RETURN TO: CITY CLERK'S OFFICE CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 (THIS SPACE FOR RECORDER'S USE ONLY) TRACT NO. 20755 GRANT OF SIDEWALK EASEMENT This GRANT OF SIDEWALK EASEMENT ("Agreement") is made on this 21 st day of January, 2026 ("Effective Date") by and between BALBOA PARK PROPERTIES LLC, a Nevada limited liability company ("Grantor") and the CITY OF REDLANDS, a municipal corporation and general law city ("Grantee"): RECITALS WHEREAS, Grantor is the fee simple owner of a certain tract of real property as more particularly described in Exhibit "A" attached hereto and incorporated by reference herein (the "Property"); and WHEREAS, Grantee is a municipal corporation and general law city duly organized in accordance with the laws of the State of California which approved Commission Review & Approval No. 974 and Tentative Tract Map No. 20755 (the "Approval") authorizing a multi -story, mixed -use development on the Property; and WHEREAS, Condition No. 19 of the Approval requires that Grantor shall enter into a shared use agreement or other approved instrument with the Grantee to construct and maintain a paved publicly accessible sidewalk between Stuart Avenue and Ruiz Street through the development site; and WHEREAS, Grantor seeks to grant to Grantee a sidewalk easement for pedestrian access on Grantor's Property as more particularly described in Exhibit `B" ("Easement Area") attached hereto and incorporated by reference herein; and WHEREAS, Grantor seeks to provide Grantee, and Grantee agrees to accept the Easement Area on the terms and conditions set forth herein. DOC #2026-0018292 Page 3 of 15 NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants and conveys to Grantee, and Grantee accepts, an irrevocable easement for sidewalk use and pedestrian access in, over, under, along, across, through and upon the Easement Area. Grantor shall keep the Easement Area open, clear and free from buildings, structures, trees and obstructions of any kind from 7:00 a.m. to 7:00 p.m. Monday -Sunday. To maintain safety and security of the Easement Area, Grantee agrees that Grantor may, at Grantor's sole cost and expense, temporarily close access to the Easement Area from 7:00 p.m. to 7:00 a.m. Monday -Sunday. Grantor shall promptly open and maintain unobstructed access to the Easement Area from 7:00 a.m. to 7:00 p.m. Monday -Sunday. 2. Construction and Maintenance. Grantor shall, at its sole cost and expense, construct the Easement Area in accordance with the dimensions set forth in Exhibit `B". Grantor shall be responsible for maintaining, repairing, reconstructing, and replacing the Easement Area as necessary to keep it in a condition that allows for safe use by members of the public. Grantor may temporarily close all or any portion of the Easement Area when reasonably required for inspection, maintenance, or repair, provided that Grantor gives the Grantee advance notice of such closure and uses reasonable efforts to minimize the duration and impact of the closure. Grantor shall also maintain any barriers or devices used to implement temporary closures, such as those made for maintenance purposes (pursuant to this section) and those made for security purposes (pursuant to section 1). If all or any portion of the Easement Area is destroyed or damaged by fire or other casualty, Grantor shall promptly repair the damage and restore the Easement Area to its prior condition, at Grantor's sole cost and expense. 3. Term of Easement. The easement granted in this Agreement shall commence on the Effective Date hereof and continue in perpetuity, unless terminated by Grantee's execution of an instrument that releases the Easement Area to Grantor. 4. Indemnification. Grantor, and its successors and assigns, shall indemnify, defend and hold harmless the Grantee, and its officials, officers, employees and agents from and against any and all liabilities, claims, costs, actions, damages, including, without limitation, for personal injury, including death, or property damage, and including without limitation, reasonable attorneys' fees and court costs, to the extent arising from (i) the construction, repair or maintenance of the Easement Area by Grantor or Grantor's employees, contractors/subcontractors, and agents; (ii) any barriers installed by Grantor or Grantor's employees, contractors/subcontractors to temporarily close access to the Easement 2 DOC #2026-0018292 Page 4 of 15 Area; (iii) any work performed by Grantor, its employees, contractors/subcontractors and agents within the Easement Area; or (iv) the negligent or willful misconduct of Grantor or Grantor's employees, contractors/subcontractors and agents. However, nothing in this provision shall be construed as obligating Grantor to indemnify, defend and hold harmless for claims arising from the negligence or willful misconduct of the Grantee, or its officers, officials, employees and agents. 5. Enforcement by Grantee. Grantee shall have the right, but not the obligation, to enforce all terms, covenants, and conditions of this Agreement, including by action for specific performance, injunctive relief, or any other remedy available at law or in equity, without the necessity of posting a bond or other security. In the event Grantor fails to perform any obligation relating to the construction, maintenance, repair, reconstruction, or replacement of the Easement Area, after reasonable written notice from Grantee, Grantee may, but shall not be obligated to, enter upon the Easement Area and perform such work as it deems reasonably necessary to ensure that the Easement Area remains in a safe and usable condition for public access. All costs and expenses incurred by Grantee in connection therewith, including reasonable administrative and legal expenses, shall be reimbursed by Grantor within thirty (30) days of written demand. 6. Successors and Assigns. The terms, covenants and conditions contained herein shall run with the land and apply to and bind the Grantor's heirs, successors, executors, administrators and assigns of the parties hereto. 7. Attorneys' Fees and Costs. If legal action by any party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs. 8. Notices. All written notices and demands of any kind which any party may be required or may desire to serve on the other in connection with this Agreement may be served as an alternative to personal service by registered or certified mail. Any such notice or demands served by registered or certified mail shall be deposited in the United States mail with postage thereon fully prepaid, addressed to the party to be served and delivered to the party if not by personal service, as follows: If to Grantor: BALBOA PARK PROPERTIES, LLC Attn: Legal Department P.O. Box 7538 Redlands, CA 92375 DOC #2026-0018292 Page 5 of 15 If to Grantee: Jeanne Donaldson, City Clerk City of Redlands 35 Cajon Street P.O. Box 3005 Redlands, CA 92373 j donaldson&cityofredlands.org Phone: (909) 798-7531 Service of any notice or demand made by mail shall be deemed complete on the date of actual delivery as shown by the addressee's certified or registered receipt or upon the expiration of the second day after the date of mailing, whichever is earlier in time. Any party hereto may, from time to time by notice in writing served upon the other party as aforesaid, designate a different mailing address or a different person to whom all notices and demands are thereafter to be addressed. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 10. Binding Effect. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of Grantor and Grantee. 11. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be considered an original for all purposes; provided, however, that all such counterparts shall together constitute one (1) and the same instrument. [Signatures on Next Page] IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the date herein first above written in Redlands, California. rd DOC #2026-0018292 Page 6 of 15 ATTEST: J e Donaldson City Clerk GRANTOR: Balboa Park Properties LLC, a Nevada limited liability corporation BY ITS MANAGER: JUDSON & BROWN, LLC, a Nevada limited liability company Name: Don d J. Berry, -Jr. Title: Manager GRANTEE: City of Redlands By: Name: ALES yAN, T� Title: C J T Y OF Na LA05 5 DOC #2026-0018292 Page 7 of 15 CALIFORNIA ALL-PURPOSE 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 California County of San Bernardino >r� arse r O�� 1 oZi,��,before me, Date�;;��_ Whitney A. Mesna, Notary Public Here Insert Name and Title of the Officer Personally appeared Charles M. Duggan Jr. and Jeanne Donaldson Nome(s) of Signer(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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/theirsignature(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. v 4 >, WHITNEY A. MESNA Notary Public - California San Bernardino County Commission # 2516836 'r�r • �� My Comm. Expires Apr 10, 2029 r Place Notary Seal Above I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand an officia eal. Signatur��./L/\ \/ / �----•. Signature of Notary Public -------------------------------------------------------------------- OPTIONAL ------------------------------------------------------------------ Though this section is optional, 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 Grant of Sidewalk Easement Document Date 01 /21 /2026 Number of Pages Signer(s) OtherThan Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Corporate Officer—Title(s) Partner Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing Signer's Name Corporate Officer—Title(s) Partner Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing ©2014National NotaryAssociation • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item#5907 DOC #2026-0018292 Page 8 of 15 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 California County of San Bernardino I January 21, 2026 Date personally appeared before me, Veronica Burgess, Notary Public Here Insert Name and Title of the Officer Donald J. Berry, Jr. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(sywhose names) is/ar4subscribed to the within instrument and acknowledged to me that he/"/they executed the same in his/ham'/thgir authorized capacity(iag), and that by his/hef/th6ir signature(s) on the instrument the person,(, or the entity upon behalf of which the person* acted, executed the instrument. �4� ,0, VERONICA BURGESS �. Notary Public - California `fie - _° San Bernardino County 9 > >= Commission 4 2516295 My Comm. Expires Apr 28. 2029 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 Signature of No ry Public OPTIONAL 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Att ey in Fact ❑ Trustee uardian or Conservator ❑ Other: Signer is Re senting: ©2019 National Notary Association Num S—igner's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: DOC #2026-0018292 Page 9 of 15 EXHIBIT A PROPERTY DESCRIPTION LOT I OF TRACT MAP NO.20755, IN THE CITY OF REDLANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 371, PAGES 91 THROUGH 93, INCLUSIVE, OF TRACT MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. DOC #2026-0018292 Pagel 0 of 15 EXHIBIT "B" ACCESS AND SIDEWALK "EASEMENT AREA" LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF REDLANDS, SAN BERNARDINO COUNTY, STATE OF CALIFORNIA. BEING A PORTION OF LOT I OF TRACT MAP 20755, IN THE CITY OF REDLANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 371, PAGES 91 THROUGH 93, INCLUSIVE, OF TRACT MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 18 AS SHOWN ON TRACT 3632, KRONAGE SUBDIVISION FILED IN BOOK 47, PAGE 37 OF TRACT MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 89039'42" EAST ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 0.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89039'42" EAST A DISTANCE OF 3.61 FEET TO THE TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 6.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 83°49'44" WEST; THENCE SOUTHEASTERLY ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 34026'01", AN ARC LENGTH OF 3.61 FEET; THENCE SOUTH 00018'49" EAST A DISTANCE OF 20.06 FEET; THENCE SOUTH 44035' 12" WEST A DISTANCE OF 2.65 FEET; THENCE SOUTH 00018'49" EAST A DISTANCE OF 96.21 FEET; THENCE SOUTH 20054'59" WEST A DISTANCE OF 2.91 FEET; THENCE SOUTH 00018'49" EAST A DISTANCE OF 21.64 FEET; THENCE SOUTH 45024'48" EAST A DISTANCE OF 9.58 FEET; THENCE NORTH 89041' 11" EAST A DISTANCE OF 10.29 FEET THENCE SOUTH 45024'48" EAST A DISTANCE OF 15.37 FEET; THENCE SOUTH 00018'49" EAST A DISTANCE OF 53.13 FEET; THENCE SOUTH 44035' 12" WEST A DISTANCE OF 4.51 FEET; THENCE SOUTH 00018'49" EAST A DISTANCE OF 38.74 FEET; THENCE SOUTH 45024'48" EAST A DISTANCE OF 5.31 FEET; THENCE SOUTH 00018'49" EAST A DISTANCE OF 16.54 FEET; THENCE SOUTH 14035'12" WEST A DISTANCE OF 2.25 FEET; THENCE SOUTH 00018'49" EAST A DISTANCE OF 16.18 FEET TO THE NORTH RIGHT OF WAY LINE OF STUART AVENUE AS SHOWN ON SAID TRACT MAP 20755; THENCE SOUTH 89035' 12" WEST ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE OF 5.00 FEET; THENCE NORTH 00018'49" WEST A DISTANCE OF 16.84 FEET; Page 1 of 5 DOC #2026-0018292 Page 11 of 15 EXHIBIT "B" ACCESS AND SIDEWALK "EASEMENT AREA" LEGAL DESCRIPTION THENCE NORTH 14035' 12" EAST A DISTANCE OF 2.25 FEET; THENCE NORTH 00018'49" WEST A DISTANCE OF 13.81 FEET; THENCE NORTH 45024'48" WEST A DISTANCE OF 5.31 FEET; THENCE NORTH 00018'49" WEST A DISTANCE OF 42.88 FEET; THENCE NORTH 44035' 12" EAST A DISTANCE OF 4.51 FEET; THENCE NORTH 00018'49" WEST A DISTANCE OF 48.99 FEET; THENCE NORTH 45024'48" WEST A DISTANCE OF 11.23 FEET; THENCE SOUTH 89041' 11" WEST A DISTANCE OF 10.29 FEET; THENCE NORTH 45024'48" WEST A DISTANCE OF 13.72 FEET; THENCE NORTH 00018'49" WEST A DISTANCE OF 24.65 FEET; THENCE NORTH 20054'59" EAST A DISTANCE OF 2.91 FEET; THENCE NORTH 00018'49" WEST A DISTANCE OF 97.34 FEET; THENCE NORTH 44035' 12" EAST A DISTANCE OF 2.65 FEET; THENCE NORTH 00018'49" WEST A DISTANCE OF 21.26 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1,590 SQUARE FEET MORE OR LESS SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, RIGHTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. () RANI S * No.7504 12/12/2025 ��Q. MITCHAL L. CASSEL P.L.S. 7504 DATE �9 \�"�OF CAL�FO�/ Page 2 of 5 DOC #2026-0018292 Page 12 of 15 EXHIBIT » B» SHEET 3 OF 5 "EASEMENT AREA" ,h^ N _ HIGH AVE - -- e^\ 5 LOT 18 LOT 24 SEE SHEET 4 I� LOT 1 I I TRACT MAP 20755 M.B. 371 /91-93 N a W `I LOT 2 TRACT MAP 20755 M.B. 371/91-93 SEE SHEET 5 i STUART AVE _ S\�NNL LAND slr �S P� L . C •pG a vo NO. 7504 `f jgTF oF CN � 1211212025 MITCHAL L. CASSEL, P.L.S. 7504 DATE IFS —1 - INDICATES ACCESS AND SIDEWALK L -i SCALE: 1" = 70' C'�ASC Engineering and Consulting DOC #2026-0018292 Page 13 of 15 EXHIBIT "B" "EASEMENT AREA" M.B. 47/37 LOT 18 N89'39'42" 0.71 N89'39'42"E POINT OF BEGINNING 3.61 SOUTHEAST CORNER LOT 18 i ss3.49'44"W(R) TRUE POINT OF BEGINNI D=34'26'01" R-6 00' o, 00 ��I N N44.35'12"E Z 2.65' w L=3.61' ItO pp I o 0 F,—S44'35'1 2"W I I I I 2.65' I I I I LOT 1 I TRACT MAP 20755 M.B. 371 /91-93 I I �W I�_ 00 N r rn I 00 C6 z INS I I I I I I I I I I I N 20'54' 59"E S20'54'59"W 2.912.91' 3 I w unNl I_� `r 00 � O N z ( S45'24'48"E l l 9.58' N89.41'11"E 10.29' N 45'24' 48"W J. ,\ 13.72' �\ N89'41'11"Jr \ 29' l SEE SHEET 5 10.I SHEET 4 OF 5 NORTH LINE LOT 1 TRACT MAP 20755 SCALE: 1 " = 20' CAC Engineering and Consulting DOC #2026-0018292 Page 14 of 15 EXHIBIT » B» SHEET 5 OF 5 "EASEMENT AREA" SEE SHEET 4 lN89'41'11 "E \ 10.29' S45'24'48"E �— 15.37' S89'41'11 "W-77� 10.29' N45'24'48"W 11.23' I I I I I b `r I l 0 z I I u> I N44'35'12"E I 4.51' S44'35'12"W 4.51' I I LOT 1 I Iw TRACT MAP 20755 3m �� I M.B. 371/91-93 o �I 00 r o I�oo I S45'24'48"E 5.31' N45'24'48"W 5.31' NO'18'49"W_-A �S018'49"E 13.8116.54' N14'35'12"E 2.25S14'35'12"W 2.25' NORTH RIGHT OF WAY No'18'49"W ( �--So'18'49"E LINE STUART AVE----,16.84'---1 1 16.18' STUART AVE L5.00' '12"W .00 SCALE: 1 " = 20' CASC Engineering and Consulting DOC #2026-0018292 Page 15 of 15 CERTIFICATE OF ACCEPTANCE This is to certify that the CITY OF REDLANDS, a municipal corporation and general law city, hereinafter called Grantee, does hereby accept from BALBOA PARK PROPERTIES LLC, a Nevada limited liability company ("Grantor"), the above and foregoing Grant of Sidewalk Easement upon and subject to all of the terms, covenants and conditions therein contained, and does hereby agree to comply with and perform each and all of said terms, covenants and conditions. This Grant of Sidewalk Easement is hereby accepted by the undersigned officer or agent pursuant to the authority conferred by Resolution No. 6756 of the City Council of the City of Redlands adopted on September 3, 2008 and the Grantee consents to the recordation thereof by its duly authorized officer. SANuARr 2� 2.02 4o DATED: T*pw , - CITY OF REDLANDS By: Name: Charles M. Duggan, Jr. Title: City Manager ATTEST: Do-taldson City Clerk