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HomeMy WebLinkAbout14-Development Services ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution authorizing and directing the execution of a Quitclaim Deed to IVDA and a Dept: Development Services Quitclaim Deed to Westgate No. 1, L.P. for water pipeline easements granted to the City located on the Date: March 15, 2010 northwest corner of Tippecanoe Avenue and Mill Street. File: 15.08-20 MCC Date: April 19, 2010 Synopsis of Previous Council Action: None. Recommended Motion: Adopt Resolution. Valerie C. Ross Contact Person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report, Maps, Water Dept. Memo, Reso., Quitclaim Deeds Ward(s): FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.)N/A Acct. Description: N/A Finance: Council Notes: T)t'Sc9 �Q/U _ ,7 Z Agenda Item No. I y 4-19- ID CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Resolution authorizing and directing the execution of a Quitclaim Deed to IVDA and a Quitclaim Deed to Westgate No. 1, L.P. for water pipeline easements granted to the City located on the northwest corner of Tippecanoe Avenue and Mill Street. BACKGROUND: In 2004, Hillwood Group installed a public waterline to support the development of the Pep Boys Warehouse Project located on the northwest corner of Tippecanoe Avenue and Mill Street. On behalf of the Water Department, the City was granted water pipeline easements from the Inland Valley Development Agency (IVDA) and Westgate No. 1, L.P. (Hillwood). Subsequently, the pipeline was realigned and a new easement was granted to the City. The previous pipeline was abandoned; however the easement still remains in place. Hillwood has requested the City to quitclaim the initial easement for the abandoned pipeline. Since portions of the current and prior easements overlap, it would be more efficient to quitclaim all easements in their entirety, and accept new easements along the current alignment, as granted by IVDA and Westgate No. 1, L.P. On March 2, 2010, the Board of Water Commissioners approved the release of these easements to IVDA and Westgate No. 1, L.P. by Quitclaim Deed and the acceptance of the revised easements (See attached Memo). Two new executed easements by IVDA and Westgate have been received by staff and will need to be accepted by the City Clerk. These easements will be recorded in succession to the recording of the quitclaim deeds. The attached resolution authorizes the execution of a Quitclaim Deed to IVDA and Westgate No. 1, L.P. for the current and prior easements. The Water Department will pay the necessary recording fees, if any. FINANCIAL IMPACT: None. RECOMMENDATION: Adopt Resolution. ATTACHMENTS: - Maps - Water Department Memo - Resolution - Quitclaim Deeds 2 v INTIxG.Mil AVE � SAN BER 1N0 CA � o ,xtn sr. SAN GVWARaH0 AIRPORT (FR° RD B.W mu ST. U — RW AX \ /� 215 R z e � VICINITY MAP NOT TO SCALE "N 0136-341-35-0000 Poln) or Ins7lmber Creek t. No. 2004-0368181, 0,R. Commencement • (5-25-04) 545'25'00"E 13.19' Beo�l16�1� I I I I NS00'22E 9'35 00 E 1000.2175 por N89'3 '00"E ning r w I Water Eattemerlt (over *Mwtgpto) II A" 0136-341-35-0000 I � I I � Parcai 1 I (IVDA) ("Westgate No. 1, L.P.) i 3 I I NA I I00 -- - -- - - -I- --- - - - --- II A�orl I L.L.A.I I I I No. 1 —001 L.L.A. No.I 01-04 I I Inetl No. 2004-0316870. O.R. na . o. 11 ( (05-06-2004) 1 (11-29-2poi) �'I I Parc&I 2 I I (Westgate No. 1, LP.) scuF:r.aao' I � 522'05'00'LV I 172.12' I i oil I I sons i7� _ a AREA OF EASEMENT TO 12 Mil! St. BE QUITCLAIMED TO WA7ERE48EMENT EXH181T WESTGATE NO. 11 L.P. OVMwwxm7E140.tL'• Pmts- sneetL ot•L &KUCONSULTANTS, INC. &010.- 0-300'vneem-&neNome.Plennete JUPI 2004 n.\.M n\n.. n-n.0 n.._.___,\nn� nnn •._\n ._._\nnn nV r2/o oe Tlmber Creek Point of . . InOL No. 2004-0365191, O.R. I I.conmencement (5-25-04) S45.25'GO"E 13 19 Fi S00'25?2E 3r7.l' —f N89'35'00'E 1000,21' �_o�JJI ofl I N89'35'00'E I I i E wse nbM. I AFN 0130-341-35-0000 r4 (twA) i (Westgate No. 1, LP.) laarcal I I �� Q I 1 9 1 5 L d j 1 Sblt I - I °� \° Q I -- - --- --I---------- -+----- -- ------ - • I I - I I I No.-b4-= Peroal 2 I I Inad No. 2004-0316870, O,R. Ll.A. No. 01-04 I I (03-06-2004) Mat No. 54011$ O.R. I I (ii-29-2P01) ' 2 1 n I I Parc®1 2 si51�►,IT`u i I I (Westgate No. 1, L.P.) I I I I 'SCALE V-301 I f�s22'05'001N 1 075,' I . I .5001119.27' AREA OF EASEMENT TO BE QUITCLAIMED TO WA71WE48SUBW Extnelr aM IYDA P Shoed of-Li INLAND VALLEY; *010.1"-JW DEVELOPMENT AGENCY KCTCONSULTANTS,,INC. Juno 2M cm E110k*n-am" Pwnnve 847 1210_40 . Dewdptlon:San Semardlno,CA Document-YearpoclD 2004.686993 Page: 11 of 12'^—' Order p Comment. CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT INTEROFFICE MEMORANDUM jTO: Ryan Sandoval, Real Property Specialist j FROM: Sydney Morrison, Senior Administrative Coordinator / i SUBJECT: APPROVAL TO QUITCLAIM TWO EXISTING EASEMENTS LOCATED NORTHWEST OF TIPPECANOE AVENUE AND MILL STREET(EPN 1999-036) DATE: March 4, 2010 9 3 COPIES: Matt Litchfield 1 s i At their regular meeting held March 2, 2010, an agenda item came before the Board of Water Commissioners to approve the Quitclaim Deeds to Inland Valley Development Agency and Westgate No. 1, L.P. (Document Nos. 2004-0686953, and 2004-0686954 and 2007-0218172, respectively for pipeline easement going through the properties known as APN 136-341-56 and 136-341-64 to serve Pep Boys Distribution Center Warehouse Expansion Building) for two easements for an existing pipeline as described in the quitclaim easement documents and authorize the Secretary to submit the easement i documents to the Mayor and Common Council for approval and recordation. This item was approved by the following vote to wit: 3 AYES: Commissioners Callicott, Cocke, Miller, Fernandez and Hendrix NAYS: None ABSENT: None 9 CITY OF SAN BERNARDIN FFEB72 2010 MUNICIPAL WAT ER DEPARTM BOARD OF WATER COMMISSIONERS IW AUR STAFF REPORT TO: Stacey R. Aldstadt, General Manager FROM: Matthew H. Litchfield SUBJECT: APPROVAL TO QUITCLAIM TWO EASEMENTS AND ACCEPTANCE OF TWO REVISED EASEMENTS FOR ONE 12" AND ONE 16" WATER MAIN LOCATED NORTHWEST OF TIPPECANOE AVENUE AND MILL STREET (EPN 1999-036) DATE: February 22, 2010 COPIES: Greg Gage (w/o attach), Sydney Morrison (w/original easement), Sally Duran (w/attach) BACKGROUND: In 2004, the Hillwood Group (Hillwood) installed approximately 1,900 feet of 12" ductile iron pipe (DIP) and 1,400 feet of 16" DIP to support development of the Pep Boys Warehouse Project. The San Bernardino Municipal Water Department (Department) received an easement for each stage of the Pep Boys Warehouse Project pipeline construction. An additional pipeline easement was acquired by the Department when Hillwood abandoned a Department 16" pipeline and installed a replacement 16" pipeline in a new alignment. The easement for the abandoned Department 16" pipeline remained in the Department's name until the Hillwood Pipeline Project was completed in 2007. After Hillwood completed installation of the final section of 16" pipeline, the firm submitted a request for the Department to quitclaim the easement for the abandoned 16" pipeline. The Department reviewed the request and determined that the easement is no longer required Hillwood subsequently prepared the quitclaim documents and a single consolidated easement for consideration by the Board of Water Commissioners. Engineenng staff and the City's Real Property section have reviewed these documents and found them to be acceptable for recordation. Agenda Item Stacey R. Aldstadt, General Manager Page 2 February 22, 2010 SUBJECT: APPROVAL TO QUITCLAIM TWO EASEMENTS AND ACCEPTANCE OF TWO REVISED EASEMENTS FOR ONE 12" AND ONE 16" WATER MAIN LOCATED NORTHWEST OF TIPPECANOE AVENUE AND MILL STREET (EPN 1999-036) RECOMMENDATION: It is recommended that the Board of Water Commissioners consider the following motions for approval: • Approve the Quitclaim Deeds to Inland Valley Development Agency and Westgate No. 1, L.P. (Document Nos. 2004-0686953, and 2004-0686954 and 2007-0218172, respectively, for pipeline easement going through the properties known as APN 136-341-56 and 136-341-64 to serve Pep Boys Distribution Center Warehouse Expansion Building) for two easements for an existing pipeline as described in the quitclaim casement documents and authorize the Secretary to submit the easement documents to the Mayor and Common Council for approval and recordation; I • Accept the two revised Grant of Easement documents for an existing pipeline from the Inland Valley Development Agency and Westgate No. 1, L.P. (Pep Boys pipeline easement going through the properties known as APN 136-341- 56 and 136-341-64) as described in the easement documents and authorize the Secretary to submit the easement documents to the City Clerk for signature and recordation. Respectfully submitted, I Matthew H. Litchfield,P.E. Director,Water Utility MHL:MN:jmt Attach. I WAWUAdtrtinistsation\Board Memos\Easements\Pepboys quitclaim revised easement Board Memo6.doc 1 RESOLUTION NO. C 0 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND 3 DIRECTING THE EXECUTION OF A QUITCLAIM DEED TO INLAND VALLEY DEVELOPMENT AGENCY AND A QUITCLAIM DEED TO WESTGATE NO. 1, L.P., 4 FOR THOSE CERTAIN EASEMENTS GRANTED TO THE CITY BY THE SAME FOR A 5 WATER PIPELINE LOCATED ON THE NORTHWEST CORNER OF TIPPECANOE AVENUE AND MILL STREET. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and . 9 directed to execute on behalf of said City, a Quitclaim Deed to Inland Valley Development 10 11 Agency"IVDA", and a Quitclaim Deed to Westgate No. 1, L.P. for those certain water pipeline 12 easements located on the northwest corner of Tippecanoe Avenue and Mill Street, in the City of 13 San Bernardino, more particularly described in Exhibit"1" and Exhibit"2" attached hereto and 14 made a part hereof. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 03/24/10 1 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A QUITCLAIM DEED TO INLAND VALLEY DEVELOPMENT AGENCY AND A 2 QUITCLAIM DEED TO WESTGATE NO. 1,L.P.,FOR THOSE CERTAIN EASEMENTS GRANTED TO THE CITY BY THE SAME FOR A WATER PIPELINE LOCATED ON THE NORTHWEST CORNER OF 3 TIPPECANOE AVENUE AND MILL STREET. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof 7 held on the day of 20 ,by the following vote,to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 DESJARDINS 12 13 BRINKER 14 SHORETT 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 20 City Clerk 21 The foregoing resolution is hereby approved this day of ,20 22 23 24 PATRICK J. MORRIS, Mayor Approved as to form: 25 26 Q-A-% 27 JAMES F. ENMAN City Attorney 28 03/24/10 2 REQUESTED BY AND C WHEN RECORDED MAIL TO: Inland Valley Development Agency 294 S. Leland Norton Way, Suite#I San Bernardino, CA 92408 Attn: Michael Burrows APN: 0136-341-56 (Westgate) SPACE ABOVE FOR RECORDER'S USE QUITCLAIM DEED THE UNDERSIGNED GRANTOR(S)DECLARE(S)THAT DOCUMENTARY TRANSFER TAX IS$0. 0 Unincorporated area 0 City of San Bernardino 0 Computed on the full value of the interest or property conveyed,or is 0 Computed on full value less the value of liens or encumbrances remaining at time of sale,and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of San Bernardino, California hereby REMISES, RELEASES AND FOREVER QUITCLAIMS to the Inland Valley Development Agency, a joint powers authority established under the laws of the State of California, all right, title and interest in and to the Grant of Easement recorded on September 21, 2004 as Document No. 2004-0686953, in the official Records of the County of San Bernardino, California, a copy of which is attached hereto as Exhibit "A" and made a part hereof. CITY OF SAN BERNARDINO By Patrick J. Morris, Mayor Date ATTEST: By: City Clerk Date: [Signatures must be notarized] EXHIBIT "I" CALIFORNIA ALL-PURPOSE ACKNOWLEGMENT State of California ) County of On before me, Notary Public, personally appeared 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/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(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. WITNESS my hand and official seal. OSignature: (Seal) C EXHIBIT A RECORDING REQUESTED BY aaouded In WOW aearde,CounN.I em earrdim 1/1112001 2:08 PM AND LARRY WALKER AR WHEN RECORDED MAIL TO: Audier/Ualroller — Recorder APN 0136-341-35-0000 Stacey Aldstadt,Deputy General Manager P Counter City of San Bernardino Municipal Water Department Doc#: 2004—IuppOII Iu6IIIuI8II6953 liter. 1 Popes: 12 San Bernardino,CA 92402 r-.�.`,�... 1IIIIIIIIIIII��I1i �n'r ae.�0 GRANT OF EASEMENT (Public Water Line Easement) This Grant of Easement is entered into by and between Inland Valley Development Agency, a joint powers authority established under the laws of the State of California, hereinafter called Grantor and the City of San Bernardino,hereinafter called Grantee. Grantor in consideration of the mutual-promises contained-herein, and the pubh'o benefit provided, hereby grant unto Grantee, its successors and assigns, an easement to locate, relocate, construct, reconstruct, maintain, alter, enlarge, inspect, repair and replace underground pipelines for the transportation of water, and all pipes, conduits, manholes, structures and equipment necessary or convenient thereto, on, under across that certain real property described and shown on Exhibit "A", attached hereto and by this reference made it part hereof. THIS EASEMENT IS BEING GRANTED SUBJECT TO THE CONDITIONS ON THE "ADDENDUM TO EASEMENT AGREEMENT" AND MADE A PART HEREOF. Date APPROVED: Inland Vail Development Agency,a joint powers authority established under the laws of the State of Ca ornla Iv: :r nnis H erger, air 11es, Co-Chair ascription: San Bemardino,CA Document-YearpoclD 2004.686953 Page: 1 of 12 �a'F t ° ''` Urder.•p Comment: ATTEST: Clerk oard APPROVED AS TO FORM: A^14 _ Agency Counsel [ADD ACKNOWLEDGMENT OF SIGNATURES] �ln1A yo P � ascription: San Semardlno,CA Document-Year.DOCtD 2004,686953 Page:2 or 12 order: p Comment: CALIFORNIA ALL-PURPOSE ACKNOWLEDGUENT State of California ll San Bernardino r County of as1 On 8-23-04 beforemeKelly K. Berry, Notary Public Cs wn.e,l llld Ce�ry,'Jw ao..Nrnlrr�.'1 personalty appeared Dennis Harlsberger 'Y'M9aey�,v(q Zpersonally known to me proved to me on the basis of satisfactory _ .. eence to be the parsons) whose name(s) lafare subscribed to the within Instrument and KOM IL , acknowledged to me that he(sheMey,executed - - t`.am-m-IMM 150106a � same- In --MetherMwir autfroniad Nobry Nbk-carme cepacity(le9), and that by hisfierrthelr $an eemaalno Coudy slgnatura(s)on the Instrument the person(s),or bNCar EMIIerhlvytJ,700e the entity upon behalf of which the person(s) acted,executed the Insbument y hand and ofe 'ae .aeaurnu, OPTIONAL Thagn me Olbf an oaaw u nofnpdsd by lee{Rmey Pia%wWt6OP%mnemly6p Mrie documerd ens carld Pre ant haoduAmrnAiwer erd nwnsctn ye e/me Am to&MMvd=MWt Description of Attached Document Grant of Easement (public Water line Ease- TRIO or Type of Document_ mwnt 1 Document Date: 6-23-04 Numberor Pages: ei ht Judith Val ea Cler ar cy Counsel Signer(s)Olher Than Named Above:_Av of the Bo— Judith Capactty(ies) Claimed by Signer Signer's Name:_ Dennis Hanshe,ggr ❑ Indtldual ❑ corporate Officer-T1de(s): Tapdu� ❑ Partner-O Untied ❑General �^ ❑ Altomeytin-Fact CI Trustee ❑ Guardian or Conservatorirr'.Y. AOther• Ca-rhai r Signer Is Represennnganland Valley Development Agency-' •,i%N.Yw1 My]A,cYYI.RV d 9b.hw./Q an Pql.Q.bavU.G 11]i1 bq wa"v>�YCVYM Pn#MSIn F/J1'f.Lti 41FM 1�OPRNCI jescnption: San Bemardino,CA Document-YearDOCID 2004.666953 Page: 3 of 12 Order:p Comment: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l County o1 San Bernardino 1 �' On 8-23-04 beforeme,Kelly K. Berry, Notary Public W Ne .Try dOew I...tea,Mary earl personally appeared 0odith Vallee wnW�d aV.lq ' flpereanally known to me ❑ 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 I�IYL allllr acknowledged to me that he/she/they executed - - CcraarL'LlrlwrR11910a� - the same- In hlsilter/lhelr authorized No1Qy hC�e.C,y�ryp capacity(les), and that by hisrherAhelr � br�MN slgnsture(s)an the Instrument the person(s),or M/Carren f3Raeu lloM]J.'1flm the entity upon behalf of which the person(s) acted,executed the Instrument. ry hand and oK en a wary OPTIONAL Tnwsn dwr inbre bek-hoa reglmmby xe;u mgwa+Vaal.mn�M"V o,m.a�"em�wury j J`Mdd if remoel end rcededmatr of&A,ram b m #w dw. ML Description of Attached Document Grant of Easement (Public Water Line Eaee- Title or Type of Document: men t) Document Date: 8-23-04 Numberol Pages: ei ht Dennis Hansberyer Clerk of the Boar / Signer(e)other Than Named Above: Agency Counsel Capacity(les)Claimed by Signer Signer's Name: .7nr91 th Val 1pa • Individual rep d was r,.. • Corporate Officer-Tide(s): Cl Partner-❑LJmRed O General • Atlomeyan-Fad • Trustee A • Guardian or Conservator )PAOthen Cp=Cha i r - RF> SlgnerIsRepresenling:Inland Valley Development Agency ^+"^�ww M1x ae.avi e�:CY brh l�OWmeen _escription:San Bernardino,CA Document-Year DOCID 2004.666953 Page: 4 of 12 Order.p Comment: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Canyof San Bernardino as. on 8-23-04� before me,Ella nv B_r._ rh +aa Not-r_"v py;p nua.na ra.d ca.Daw'm.oa.roar Ane1 personalty appeared Kaal Ile Ra ry rroaldey,r� O personly known to me ❑ proved to me on the basis of satlefactory . evidence to be the person(s) whose name(s) Bare subscribed to the within instrument and acknowledged to me that helsheAhey executed _PENNY B,61311MG -_ _. the same- In hismefteir - aulhdfLed- N�PubkQCaSfomla capaciry(les), and that by 111 herRheir ro San aamaMlnp Caumy slgnature(e)an the InsWment the Parson(s), or MYCenpe.EoratrasSM1/,7005- the sooty upon behalf of which the person(s) acted,executed the instrument '�'! my hand and omGal seal. Ww 1 olrrRBr, OPnONAL mouglr di.Mbrmadml below Moot raplra7 fytnxM MYPmro WAuda to Perama robing on do docurwxandCo:,Vp m hau"fltm Hd and rmetbrrrwx or rte farm to moew dppm Description of Attached Document - Grant of Easement (Public Water Line Ease- Tdle or Type of Document: menl-) Document Date: a-23-04 NumbwofPages: eight Dennis Haneberger/Judith valles/ Signer(s)Other Than NamedAhove: Agpnrjt_ rnjjnq.j Capacity(les)Claimed by Signer Signer's Name:_ X011 1.. R ry 11 Individual Tap a tome fwe ❑ Corporate Olflcer-Title(s): 17 Partner-O I-Imked O General h ❑ Aftomeydn-Fact ❑ Trustee ❑ Guardian or Conservator 19COdler: r1°rir of J-hp R ^rA Inland Valley �• } Signer le Representing: y Develop®Ent Agency •199r MWi,�MvDUrAbyl,�y.Rb d Yl M.rQ lYY'f1WgR G1111�St @. ' a9 I,aG Xe ADI Wi,Yrttl MaY lApp6aB1 ascription: San Bamardino,CA Document-Year.DocID 2004.686953 Page: 5 of 12 Order:p Comment: ADDENDUM TO EASEMENT AGREEMENT 1. Grantee hereby agrees to save and hold harmless Grantor and its officers or employees from all sums which Grantor or any of its officers or employees may be obligated to pay by reason of any liability imposed on them for damages arising out of the performance of the services rendered by Grantee and caused by any error, omission or act of Grantee or any person employed by him or her or any others for whose acts Grantee is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation and reasonable attorney's fees. 2, Grantor hereby agrees to save and hold harmless Grantee and its department, agencies, officers or employees from all sums which Grantee or any of its departments, agencies, officers, or employees may be obligated to pay by reason of any liability imposed on them for damages arising out of the performance of the services rendered by Grantor and caused by any error,omission or act of Grantor or any person employed by him or her or any others for whose acts Grantor is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation and reasonable attorney's fees. 3. Grantor reserves the right to use said real property in any man ner, provided such use does not unreasonably interfere with Grantee's rights hereunder. No structures will be erected within the limits of this easement. Grantor may grant other easements in, under and on the property described in Exhibit "A" so long as such other easements do not unreasonably interfere with Grantee's rights hereunder. do; 4. Grantor reserves the right to require Grantee, at Grantor's expense, to remove and relocate all improvements placed by Grantee upon said real property, upon determination by Grantor that the same will interfere with future development of Grantee's property. Within 180 days after Grantor's written notice and demand-for removal and relocation of the improvements, Grantee shall remove and relocate the'improvements to a feasible location on the property of Grantor, as designated by Grantor and Grantor shall furnish Grantee with an easement in such new location, on the terms and conditions as herein stated, all without cost to Grantee, and Grantee thereupon shall reconvey to Grantor the easement herein granted. 5. Grantee agrees to use due care in any use of the easement herein granted and in the construction, installation, repair, replacement and maintenance of Grantee's improvements or the easement area as provided for herein so as not to unreasonably disturb Grantor's use of its property. rscripdon: San Bernardino,CA Document-Year.DOCID 2004.686953 Page: 6 of 12 Order,p Comment: Certificate of Acceptance This is to certify that the interest in real property conveyed by the within instrument to the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council,and grantee consents to the recordation thereof by its duly authorized officer. CITY OF SAN BERNARDINO By: _ City Clerk / Date. 2 0� 0 0 `1 �� SOrq C: \Documents and Settings\gondek\Local Settings\Temp\City of SB water Department Basement - IVDA Property.dao Description: San Bernardino,CA Document.Year DOCID 2004.686953 Page: 7 of 12 Order-p Comment: ALL-PURPOSE ACKNOWLEDGMENT State of California County Of San Bernardino }SB On September 20, 2004 before me, David M. Gutierrez IW 0 ARY, ' personally appeared Rachel G. Clark SIMIRiL ® personally known to me - OR - ❑ 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/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. sa DAVID M. DUTIUMEZ Comm,t 13113186 N ROTARY tlltuacA NUM M WITNESS my hand and official seal. hn arsupeR Cowry �_ 4• ..• ErpryshnR70,Robb ��/////Q//-���� � RY S SIGt4T111 OPTIONAL INFORMATION The information below is not required by law. However,it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document:' CAPACITY CLAIMED BY SICKER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Ymusl TITLE OR TYPE OF DOCUMENT p PARTNER(S) ❑ ATTORNEY.IN.FACT NUMBEROFPAGES ❑ TRUSTEE(S) ❑ GUARDIANXONSERVATOR ❑ OTHER: DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: RIGHTTHUMBPRINT 4� NAME OF PEASMIS1 ON ENTFTYl IE31 q OF Fj SIGNER �g ascription: San Bemardino,CA Document-Year DoclD 2004.686953 Page:8 of 12 Order:p Comment: i APIA 136-341-35-0000 Grantor: Inland Valley Development Agency June 22.2004 EXHIBIT_ WATER EASEMENT (for City Water Line) ( over iVDA Property) Those portions of Lots 2 and 13, of Block 45, of the Rancho San Bernardino on file in Book 7 of Maps, Page 2 thereof, Records of San Bernardino County, California, lying within Parcels 1, 2 and 3 of City of San Bernardino Certificate of Compliance for Lot Line Adjustment No.04-001 recorded May 6, 2004, as Instrument No. 2004-0316870, Official Records of San Bernardino County,California, located in the City of San Bernardino,described as follows: A strip of land 25.00 feet wide, lying 12.50 feet on each side of the following described centerline; STRIP NO. 1: COMMENCING at the northerly terminus of that certain course cited as having a bearing of N.00°25'21"W. and a length of 2155.36 feet,in the westerly line said Parcel 3; Thence S.00°25'2 1"E. along said westerly line, a distance of 22.50 feet,to the POINT OF B EGINNING; Thence S.45°25'00"E., a distance of 13.19 feet; r Thence N.89°35'00"B.,a distance of 37763 feet, to a Point hereinafter referred to as Point Thence continuing N.89°35'W E., a distance of 1000.21 feet,to the westerly line of Tippecanoe Avenue is described in Grant of Fasemcn't recorded March 13, 2002 as Instrument No. 2002-0124767,Official Records of San Bernardino County, California,said westerly line being a line parallel with and 44.00 feet westerly of the centerline of said Tippecanoe Avenue. The sidelines of said strip of land shall be prolonged or shortened as to terminate in said westerly line of Parcel 3 and in said westerly line of Tippecanoe Avenue. i STRIP NO. 2: POINT OF BEGINNING at the aforementioned Point"A'; Thence S.00°25'WT., a distance of 1845.55 feet; Thence S.22°05'00"W., a distance of 172.12 feet; k 0i.mu1121n KUaN i Ujal De-uriptions%12I0-46 NDA�Cily Wateuda T7 -ruq W`rkonJTT /MA11TU elnrrsopFpr. /b:rT bnn7/ri/!n Description:San Bernardino,CA Document-Year.DocID 2004.686953 Page: 9 of 12 Order:p Comment: i Water Easement-IVDA/City Exhibit I Page 2 or fr Thence 5.00°25'00"E., a distance of 119,27 feet, to the northerly line of Mill Street, said I line being a line parallel with and 41.25 feet northerly of the centerline of said Mill Street. j The sidelines of said strip of land shall be prolonged or shortened as to terminate in said westerly line of Parcel 3 in the southerly line of the above described Strip No, l and said northerly I line of Mill Street. i EXCEPTING THEREFROM those portions of the above described Strip No. 1 and Strip I No. 2 lying within said Parcels 1 and 2 of Certificate of Compliance for Lot Line Adjustment No. 04.001. KCT CONSULTANTS,INC. yS�p - tANOsG f Prepared under the supervision of. ,r MAHISSA 9� a: CROWTHER EXp.;0AA,OV z Madssa Crowther, PLS 6152 No.6152 Date: -1 e, a-¢ OFCAU�Q�� i 1 1 i r i K,Tlienu11210 FEU woodi Al Deseriprsonsl121046 PMA.Cia•Wrlcr.doa Z7 7nWA HTKV1n 4T-Rn nrrM'7lTW c-r007P E606 LD EI bBBl/ET/LH escription: San 8emardino,CA Document-Year.Do CID 2004.686953 Page: 10 of 12 Order:p Comment: Timber Creek POW of Inst. No. 2004-0366191, O.R. Commencement (5-25-04) S45'25'00"E '^ 13.19' S00922sgE 7 E 1000 i3738TTJ Pop,tof Bephn/ny I 1 E WBalemellt' I � � APN 0131-341-35-0000 II I n' I A (IVDA) (Westgate No. 1, LP.) x Parcel I I � e�f 3 iLO I �b de' I O 0 LL.A. I No. 64-001 V• Parcel 2 '1 I Insd No. 2004-0316370, O.R. .� L1A. No. 01-04 II I (05-06-2004) L` Inst. No, 540112, O.R. I I 1~ (11-29-2P01) I 2 y°k I0 � .i „i -h` -124 I Pearc®1 2 �\ I II 1 (Westgate No. 1, L.P.) 41�11�`IT� I I SCALE:1"-307 j /S22105.00-W - 172.12' ++�� - N I S929Or a - 12 Mill St. WATER EASEMENT EXHIBrr OVER IYDA PARCH Sheet1 oI I KCT CONSULTANTS, INC. SC0/e. I Caul Enainem-6urvem .Ramem June 2004 Jescription: San SemardlnO,CA Document-Vear.DOcID 2004.686953 Page: 11 0/1 wo 1210-06 Order. p Comment- AYE. D CA y1 J sr. sw am v?wo AO*Mr wsc sr. • 215 \ � RJR VICl lETY MAP N©r 7th. sCALE APH 0136-341=35-0000 ascription: San Bernardino,CA Document-Year.DocID 2004.686953 Page: 12 of 12 Order:p Comment: REQUESTED BY AND WHEN RECORDED MAIL TO: Westgate No. 1, L.P. %Hillwood Development Company, LLC 268 West Hospitality Lane, Suite 105 San Bernardino, CA 92408 Attn: Michelle Kirk APN: 0136-341-64 (Westgate) SPACE ABOVE FOR RECORDER'S USE QUITCLAIM DEED THE UNDERSIGNED GRANTOR(S)DECLARE(S)THAT DOCUMENTARY TRANSFER TAX IS$0. ❑Unincorporated area ❑City of San Bernardino ❑Computed on the full value of the interest or property conveyed,or is ❑Computed on full value less the value of liens or encumbrances remaining at time of sale,and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of San Bernardino, California hereby REMISES, RELEASES AND FOREVER QUITCLAIMS to Westgate No. 1, L.P., a California limited partnership, all right,title and interest in and to: (1)the Grant of Easement recorded on September 21, 2004 as Document No. 2004-0686954 in the v., official Records of the County of San Bernardino, California; and (2) the Grant of Easement recorded April 10, 2007 as Document No. 2007-0218172, in the official Records of the County of San Bernardino, California, copies of which are attached hereto as Exhibits "A" and `B", respectively, and made a part hereof. CITY OF SAN BERNARDINO� EA"HIBIT By Patrick J. Morris, Mayor 's i 1 Date r ATTEST: { i By. City Clerk Date: i [Signatures must be notarized] EXHIBIT "2" ® CALIFORNIA ALL-PURPOSE ACKNOWLEGMENT State of California ) County of ) On before me, Notary Public, personally appeared 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/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(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. WITNESS my hand and official seal. ? Signature: (Seal) f j RECORDING REQUESTED BY AND Recorded in Official Reourde, WHEN RECORDED MAIL TO: County of San Bernardino UeCk 2004-0686964 APN 0136-341-35-0000 9/2112004 2:06 pM Stacey Aldstadt,Deputy General Manager City of San Bemardmo Municipal Water Department P.O. Box 710 300 North D Street San Bernardino,CA 92402 NO FEE PER GOVERNMENT CODE SECTION 6103 SPACB ABOVB FOR RECORDER'S USE GRANT OF EASEMENT This Grant of Easement is entered into by and between Westgate No. I. L.P..,a California limited partnership hereinafter called Grantor and the City of San Bernardino, hereinafter called Grantee. Grantor in consideration of the mutual promises contained herein, and the public benefit provided, hereby grant unto Grantee, its successors and assigns, an easement to locate, relocate, construct, reconstruct, maintain, alter, enlarge, inspect, repair and replace underground pipelines for the transportation of water, and all pipes, conduits, manholes, structures and equipment necessary or convenient thereto, on, under across that certain real property described and shown on Exhibit "A", attached hereto and by this reference made a part hereof. THIS EASEMENT IS BEING GRANTED SUBJECT TO THE CONDITIONS ON THE ADDENDUM TO EASEMENT AGREEMENT" AND MADE A PART HEREOF. Date APPROVED: WESTGATE NO. 1,L.P., a omra rmd partnership — --- — By: HB.Westgate GP, LLC, a California limited liability company, its general partner By: Hillwood investment Land,L.P., a Texas limited partnership, its sole member By: Hillwood Operating,L.P., a Texas limited partnership, its general partner By: Hillwood Development Company,LLC, a Texas limited ' bitty company, Aits ral er e: f State of C��,',i--fQor,n,'i.a,I�'...� County of �c��ra1CLfQdLd� ) ss. on J . 2 before me, �!a ts5k��)��Gw> personally appeared � U y�,5, personally known to me ��� dettc'e) to be the person,,zl whose nameA is/*xe—subscribed to the within instrument and acknowledged to me C that he/she-ft-hey executed the same in his/h r 441."r authorized i capacty(.rear, and that b "-- "` = i Y �his signature on the instrument the personsaf , or the entity upon behalf of which the person acted, executed the instrument . WITNES8my hand and official seal. MARISSA L JOHNSON CamMhdw/1274874 ( ° Siq a t�07 'ahjA2� (Seal) kVOM .BgftAUo20.2m/ i f i i i kConsent of Lender Wells Fargo Bank, National Association, as agent ("Lender"), hereby consents to and subordinates that certain Construction Deed of Trust with Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing by Westgate No. 1, L.P., a California limited partnership, in favor of Lender recorded June 29, 2004, as Document No. 2004-460408 in the iOfficial Records of San Bernardino County, California to this Grant of Easement. I WELLS FARGO BANK, NATIONAL ASSOCIATION 4 By Name: Title: Wells Fargo Bank, National Association, as agent ("Lender"), hereby consents to and subordinates that certain Deed of Trust with Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing by Westgate No. 1, L.P., a California limited partnership, in favor of Lender recorded June 29, 2004, as Document No. 2004-460409 in the Official Records of San Bernardino County, California to this Grant of Easement. i I WELLS FARGO BANK, NATIONAL ASSOCIATION By �G� Name: Title: t SY 1 i STATE OF TEXAS § COUNTY OF DALLAS § The foregoing instrument was ACKNOWLEDGED be f me Is 13 day f July 04, by J. Kent Howard, the Senior Vice President of WELLS FARG BA , N I na Ass I on, a national association, on behalf of said bank. 7- [SEAL] Notary Pu I State of Texas' My Commission Expires: Notary's Printed Name: VL1 A).lnb �1ol�n T. � averfy JOHN T.LAVERTY MY COMMISSION EXPIRES APRIL 2,2006 I I STATE OF TEXAS § § COUNTY OF DALLAS § The foregoing Instrument was ACKNOWLEDGE before m is 13 day July, 2 y J. Kent Howard, the Senior Vice President of WELLS F RGO BA , N to at socl a national 9 [SEAL] Notary Pubic,Slate of Texas My Commission Expires: Notarys Printed Name: - Oy(02� ol, T LAve!±y " JOHN T.LAVERTY ' MY COMMISSION EXPIRES ' APRIL 2,2006 I ADDENDUM TO EASEMENT AGREEMENT l, Grantee hereby agrees to save and hold harmless Grantor and its officers or employees from all sums which Grantor or any of its officers or employees may be obligated to pay by reason of any liability imposed on them for damages arising out of the performance of the services rendered by Grantee and caused by any error, omission or act of Grantee or any person employed by him or her or any others for whose acts Grantee is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation and reasonable attorney's fees. 2. Grantor hereby agrees to save and hold harmless Grantee and its department, agencies, officers or employees from all sums which Grantee or any of its departments, agencies, officers, or employees may be obligated to pay by reason of any liability imposed on them for damages arising out of the performance of the services rendered by Grantor and caused by any error, omission or act of Grantor or any person employed by him or her or any others for whose acts Grantor is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation and reasonable attorney's fees. 3. Grantor reserves the right to use said real property in any manner, provided such use does not unreasonably interfere with Grantee's rights hereunder. No structures will be erected within the limits of this easement. Grantor may grant other easements in, under and on the property described in Exhibit "A" so long as such other easements do not unreasonably interfere with Grantee's rights hereunder. 4. Grantor reserves the right to require Grantee, at Grantor's expense, to remove and relocate all improvements placed by Grantee upon said real property,upon determination by Grantor rhar the opment a rantees-property ithi SO day s after Grantor's written notice and demand for removal and relocation of the improvements, Grantee shall remove and relocate the improvements to a feasible location on the property of Grantor, as designated by Grantor and Grantor shall furnish Grantee with an easement in I such new location, on the terms and conditions as herein stated, all without cost to Grantee, and Grantee thereupon shall reconvey to Grantor the easement herein granted. 5. Grantee agrees to use due care in any use of the easement herein granted and in the construction, installation, repair, replacement and maintenance of Grantee's improvements or the easement area as provided for herein so as not to unreasonably disturb Grantors use of its property. 6. Grantor grants this easement to Grantee subject to all matters of record. i "ter I ' Water Easement to City Over Westgate No. 1, L.P. property r o � 0 APN 0136-341-35-0000 Grantor: Westgate No. a June 22, 2004 EXHIBIT g j j WATER EASEMENT (for City Water Line) (over Westgate No. 1, L.P. Property) Those portions of Lots 2 and 13, of Block 45, of the Rancho San Bernardino on file in Book 7 of Maps, Page 2 thereof, Records of San Bernardino County, California, lying within Parcels 1, 2 and 3 of City of San Bernardino Certificate of Compliance for Lot Line Adjustment No. 04-001 recorded May 6, 2004, as Instrument No. 2004-0316870, Official Records of San Bernardino i County, California, located in the City of San Bernardino, described as follows: I A strip of land 25.00 feet wide, lying 12.50 feet on each side of the following described centerline: I STRIP NO. 1: COMMENCING at the northerly terminus of that certain course cited as having a bearing of N.00°25'21"W. and a length of 2155.36 feet, in the westerly line said Parcel 3; Thence S.00°25'21"E. along said westerly line, a distance of 22.50 feet, to the POINT OF BEGINNING; Thence S.45°25'00"E., a distance of 13.19 feet; Thence N.89°35'00"E., a distance of 377.63 feet, to a Point hereinafter referred to as Point Thence continuing N.89°35'00"E., a distance of 1000.21 feet, to the westerly line of Tippecanoe Avenue as described in Grant of Easement recorded March 13, 2002 as Instrument o. 2002-0124767, Official Records of San Bernardino County, California, said westerly line being a line parallel with and 44.00 feet westerly of the centerline of said Tippecanoe Avenue. The sidelines of said strip of land shall be prolonged or shortened as to terminate in said westerly line of Parcel 3 and in said westerly line of Tippecanoe Avenue. STRIP NO. 2: POINT OF BEGINNING at the aforementioned Point"A"; Thence S.00°25'00"E., a distance of 1845.55 feet; Thence S.22°05'00"W., a distance of 172.12 feet; KC I K:\Clients\1210Ifi1lwoodTegal Descriptions\1210-06 M-City Waler.doc Water Easement-Westgate(City Exhibit Page 2 of 2 Thence 5.00°25'00"E., a distance of 119.27 feet, to the northerly line of Mill Street, said line being a line parallel with and 41.25 feet northerly of the centerline of said Mill Street. The sidelines of said strip of land shall be prolonged or shortened as to terminate in said westerly line of Parcel 3 in the southerly line of the above described Strip No. I and said northerly line of Mill Street. t I EXCEPTING THEREFROM those portions of the above described Strip No. 1 and Strip No. 2 lying within said Parcel 3 of Certificate of Compliance for Lot Line Adjustment No. 04-001. KCT CONSULTANTS, INC. SAL t.wv0 Prepared under the supervision of %05`'��MARISSAS(21 CROWTHER o Marissa Crowther, PLS 6152 ° ,3.,31-010 i Date: No.6152 't 9 OFCAVA %N., �KC I K:\Clients\1210 Hillwood\Legal Descriptions\1210-06 M-City Water.doc Certificate of Acceptance This is to certify that the interest in real property conveyed by the within instrument to the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council, and grantee consents to the recordation thereof by its duly authorized officer. CITY OF SAN BERNARDINO f By: City Clerk Date: 44T 40 i i i j ALL-PURPOSE ACKNOWLEDGMENT State of California l } SS. County of San Bernardino JJJ i I On September 20 2004 before me, David M. Gutierrez (DATE) INOTA0.Y1 personally appeared Rachel G. Clark SIGNERISI ® personally known tome OR - ❑ 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 If capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), i or the entity upon behalf of which the person(s) acted, executed the instrument. DAVID M. GUTIERREI Comm.f 1383186 offic ial WITNESS my hand and ocial seal. 'vl NOTARY F01LIC•CAUFMIA, N Sin RInIRARR CWII j " �� p - � �- NOTARY SSgNATV0.E OPTIONAL INFORMATION Ation hclaw is not req-tired.by.law However, it could Prevent u edgment to an unauthorized document. -aaacdme CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TrnEas) . ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT NUMBEROFPAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: RIGHTTHUMBPRINT NAME OF PERSONISI OR ENTITY(IES) OF SIGNER 'o APA 3)99 VALLEY-SIERRA, 800.362.3369 i Timber Creek I Pohl of P Inst. No. 2004-0366191, O.R. Commencement (5-25-04) I L-L /S45'25'00"E 13.19' 22. "N89'35'00"E— — — _ S00'25'21 377.63' — I TT N89'35'00"E 1000.21' Polfi t of I I i Beghrning I I I i II Water Eaeement I (over Westgate) I II AP 0136-341-35-0000 II 1 C I: Parcel 1 �� I I Of (IVDA) I (Westgate No, 1, L.P.) S , I Parcel I I 1 $ 1 I ( co I °oV' 0 - - - -- - - -I- - -- - - - --- i 10 I IIg I L.L.A.I I No. 64-001 Parcel 2 I I1 Instl No. 2004-0316870, O.R. L.L.A. No. Ol—OA I I I (05-06-2004) t ns . o. � ) (11729-2P01) I 2 I ° 1 12.50' QAJ 7..1 i 12.so-'I I Parcel 2 44 11 1 (Westgate No. 1, L.P.) N I I SCALE:1"=300' I // S 0"W 172.12 1 N S00'25'00"f v I I 119.27' Mill St. WATER EASEMENT EXHIBIT OVER WEBTQA7E N0.1,LP. PARCEL Sheet l of L KCT CONSULTANTS, IN C. SaO1e' i"=a00' CMI Englneers-Surveyors-Plennm July 2004 nc WO 1210-06 l r 1 MI S,AN 11RDJt qA � 4 sr ' SAN BERNAMHO AIRPOR�T EWARD A'OT-- MILL ST. ) 3 VICINITY MAP MOT TO. scALE APN 0136-341-35-0000 EXHIBIT B Recorded In 011lolel Record*,County cl Ban Bernardino 411012007 LARRY WALKER 1:40 PM MP Auditor/Controller — Recorder RECORDING REQUESTED BY AND P Counter WHEN RECORDED MAIL T0: 9 Doc#: 2007-0218172 Titles: I Pages: 14 City of San Stacey Aldstadl, General Manager II a Municipal Water Department IIIIIIIIilllllilillli�llillll�IIIBIIIII Onsoe se.eeo P.O.Box 710 I' 300 North D Street San Bernardino,CA 92402 AFN: 0136-341.164 NO FEE PER GOVERNMENT CODE SECTION 6103 (Westgate) SPACE ABOVE FOR RECORDER'S USE GRANT OF EASEMENT This Grant of Easement is entered into by and between Westgate No. 1, L.P., a California limited partnership hereinafter called Grantor, and the City of San Bernardino, hereinafter called Grantee. Grantor in consideration of the mutual promises contained herein, and the public benefit provided, hereby grant unto Grantee, its successors and assigns, an easement to locate, relocate, construct, reconstruct, maintain, alter, enlarge, inspect, repair and replace underground pipelines for the transportation of water, and all pipes, conduits, manholes, structures and equipment necessary or convenient thereto, on, under across that certain real property described and shown on Exhibits "A" and "B",attached hereto and by this reference made a part hereof. (Remainder of page intentionally left blank.) 1 PROJECT NAME:Westgate AM 0136-341.164 THIS EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS AS SHOWN ON EXHIBIT "C" ATTACHED AND MADE A PART HEREOF. GRANTOR: WBSTGATB NO. 1,L.P., a California limited partnership By: HILLWOOD LIT GP,LLC, a Delaware limited liability company, its general partner Br_ Name: Title: State of� County of 0 - Y _64 baf we me, vJ� Notary Public, personally appeared 4. ,%,,41L personally (mown to me(or proved to me on the basis or satisfactory evidence) to be the person(s) whose name(s)islare subscribed to the within inst ument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which fhe person(s) acted, executed the instument. W S my hand and official seal. A tv tiP�.•• �av Pe •. 9ti., Signature (Seal) ':EXPIRES ' '''�"n6nlunannnnn DN` © 2 PROJECT NAME:Weslgale APN:0136.341-164 l Certificate of Acceptance This is to certify that the interest in real property conveyed by the within instrument to Grantee, the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council, and Grantee consents to the recordation thereof by its duly authorized officer. CITY OF SAN BERNARDINO By:UOM Cr~J /� City Clerk Date:W W 1(t / �01, State of California County of San Bernardino On March 30, 2007 before me, David M. Gutierrez . Notary Public, personally appeared Sandra Medina personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(e) whose names) Wme subscribed to the within instrument and acknowledged to me that hWsheIRM executed the same in his/her/their authorized capacity(i", and that by€&/herfflM signature(%) on the instrument the person(s), or the entity upon behalf of which the personm acted, executed the instrument. WITNESS my hand and official seal. SignatuoN (Seal) 1 DAM M.QVMR i C«+mwon ITbMw ccgw Yb 2flt 3 PROJECT NAME:Westgate A-M 0136.341-164 Consent of Leader Teachers Insurance and Annuity Association of America, a Now York corporation, as agent ("Lender"), hereby consents to and subordinates that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated May 20,2005, and recorded as Document No. 2005.0370993 in the Official Records of San Bernardino County, California,as modified by;(i) that certain Modification Agreement by and between Westgate No. 1, L.P., a California limited - partnership("WGl"),dated as of September 1,2005, and recorded as Document No.2005.0659465 in the Official Records of San Bernardino County, California, and (ii) that certain Second Modification of Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing and Modification of Promissory Note by WOI and Lender recorded May 26, 2006 as Document No.2006.0362723 in the Official Records of San Bernardino County, California to this Amended Grant of Easement. TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA,a New York corporation By- Name- i ate/ 1cD.n6o Title. ac�7aa State of New York County of New York On J 4 200 7 b fore m �+ Notary Public,personally appeared- — r-- personally known to me(or proved to me on the basis of satisfactory evidence) to be the person whose nameN is*sssubsedbod to the within instrument and acknowledged to mo that he/andt{toy executed the same in hisfhedAek authorized capacity(90, and that by hisSedtheir signature(ssLon the instrument the personx or the entity upon behalf of which the person(s),,acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) A.,- otary Public, Stettee of New(York Quall led Inl Westchester County Commission Expires October 13, 4 PROJECrNAME:Westgate APN;0136.341-164 Consent of Lender Teachers Insurance and Annuity Association of America, a New York corporation, as agent ("Lender"), hereby consents to and subordinates that certain Deed of Trust, Assignment of 'uses and Rents, Security Agreement and Fixture Filing dated May 20, 2005, and recorded as Document No.2005-0370995 in the Official Records of San Bernardino County,California,as modified by:(i) that certain Modification Agreement by and between Westgate No. 1, L.P., a California limited partnership(`VGI"),dated as of September 1,2005, and recorded as Document No.2005-0659466 in the Official Records of San Bernardino County, California, and (ii) that certain Second Modification Agreement by WGI and Lender recorded May 26, 2006 as Document No. 2006- 0362724 in the Official Records of San Bernardino County, California to this Amended Grant of Easement TEACHERS INSURANCE AND ANNUITYASSOCIATION OF AMERICA,a New York corporation Name: i ae � PV Title: State of New York County of New York On �y 7 007befora me, 3 Notary Public personally appeared , x4,14 'T personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is/tire subscribed to the within instrument and acknowledged to me that he/*00dwo executed the same in his/laer/t authorized capacity(ies), and that by his/herAheir signatur on the instrument the personK or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. Signature \ (Seal) GRIMALDI . i Notary Public,State of Now York C Qualified In Westchester Coun�M ,t%olnmission Expires ectober 13, 5 PROJECT NAME:Weatgate APN:0136-341-164 EXHIBIT"A" DESCRIPTION OF WATER LINE EASEMENT (See attached) Exhibit A PROJECT NAME: WESTGATE APN: 0136-341-84 EXHIBIT'A' WATER LINE EASEMENT PARCEL 1 THAT PORTION OF LOT 2 OF BLOCK 45 OF THE RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO. COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN BOOK 7 PAGE 2, OF MAPS, RECORDS OF SAID COUNTY WHICH LIES WITHIN A STRIP OF LAND 25.00 FEET WIDE LYING 12.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS HAVING A BEARING AND LENGTH OF"SOUTH 00.25'00'EAST 1845.55 FEET'IN THE CENTERLINE OF THAT CERTAIN 25.00 FOOT STRIP OF LAND DESCRIBED IN 'STRIP NO. 2' EXHIBIT A IN DOCUMENT RECORDED SEPTEMBER 21, 2004 AS INSTRUMENT NO. 2004-0686954, OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE SOUTH 22°55'00' EAST 171.93 FEET; THENCE SOUTH 00°25'00" EAST 119.45 FEET TO A POINT IN THE NORTHERLY LINE OF MILL STREET, SAID NORTHERLY LINE BEING A LINE PARALLEL WITH AND 41.25 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF SAID MILL STREET. EXCEPTING THEREFROM THAT PORTION THEREOF WHICH LIES WITHIN ABOVE MENTIONED "STRIP NO.2 . THE SIDE LINES OF THE ABOVE DESCRIBED 26.00 FOOT ,STRIP OF LAND SHALL BE PROLONGED OR SHORTENED AT ALL ANGLE POINTS THEREIN SO AS TO FORM A CONTINUOUS STRIP OF LAND AND SHALL BE PROLONGED OR SHORTENED AT THE END THEREOF SO AS TO TERMINATE IN SAID NORTHERLY LINE, PARCEL 2 THOSE PORTIONS OF LOTS 2 AND 13 OF BLOCK 45 OF THE RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO. COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN BOOK 7 PAGE 2, OF MAPS, RECORDS OF SAID COUNTY WHICH LIES WITHIN A STRIP OF LAND 25.00 FEET WIDE LYING 12.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS HAVING A BEARING AND LENGTH OF'SOUTH 00°25'00'EAST 1845.65 FEET'IN THE CENTERLINE OF THAT CERTAIN 25.00 FOOT STRIP OF LAND DESCRIBED IN "STRIP NO. 2" EXHIBIT A IN DOCUMENT RECORDED SEPTEMBER 21,2004 AS INSTRUMENT NO. 2004-0686954, OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID CERTAIN COURSE NORTH 00°25'00' WEST 140.27 FEET TO THE 'TRUE POINT OF BEGINNING"; THENCE NORTH 45°26'00" WEST 15.82 FEET; THENCE NORTH 00°25'00" WEST 928.57 FEET TO A POINT HEREBY DESIGNATED POINT'A';THENCE CONTINUING ALONG SAID LAST MENTIONED COURSE NORTH 00025'00"WEST 9.70 FEET, EXCEPTING THEREFROM THAT PORTION THEREOF WHICH LIES WITHIN ABOVE MENTIONED 'STRIP NO.2*. THE SIDE LINES OF THE ABOVE DESCRIBED 25.00 FOOT STRIP OF LAND SHALL BE PROLONGED OR SHORTENED AT ALL ANGLE POINTS THEREIN SO AS TO FORM A CONTINUOUS STRIP OF LAND. PROJECT NAME:WESTGATE APN: 0130.341-64 PARCEL3 THAT PORTION OF LOT 13 OF BLOCK 45 OF THE RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO. COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN BOOK 7 PAGE 2, OF MAPS, RECORDS OF SAID COUNTY WHICH LIES WITHIN A STRIP OF LAND 10.00 FEET WIDE LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE ABOVE DESIGNATE POINT 'A' IN ABOVE DESCRIBED PARCEL 2; THENCE NORTH 80 035'00'EAST 26.62 FEET, EXCEPTING THEREFROM THAT PORTION THEREOF WHICH LIES WITHIN ABOVE DESCRIBED PARCEL 2. ALSO EXCEPTING THERE FROM THAT PORTION THEREOF WHICH LIES WITHIN THAT CERTAIN 25.00 FOOT STRIP OF LAND DESCRIBED IN 'STRIP NO. 2" EXHIBIT A IN DOCUMENT RECORDED SEPTEMBER 21,2004 AS INSTRUMENT NO. 2004-0686954,OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY. r DATE: ROBERT B.STANFORD JR.,LS 4467 EXPIRES: SEPTEMBER 30,2007 ` ST ROBERT B. �� * ANPo 2007 No.4457 r OFCALIE�� LD-HZ-104 R5 JN 11.0242-03 MARCH 05,2007 PROJECC NAME:Westgate APN:0136.341-164 EXHIBIT "B" DRAWING DEPICTING EASEMENT AREA (See attached) Exhibit B SEE SHEET 2 PRO✓ECT NAME. WESTOA rc 4 APN. OIJ6-,741-64 p5p7 _ Ci c2 �Opl O� mNN 12.50' 25.00 N 457,500" W ! 0' ,35.82 DENOTES.' OR/G/NAL EASEMENT AREA IPOB ®DENOTES.- AREA OF AO017701VAL �z PARCEL 2 EASEMENT p 0 PARCEL 1, PARCEL 2 AND PARCEL J N h OEN07ES ADMONAL EASEMENT AREA t y�Q�hk 0 St Y TERM/NUS OF S 0025'00" 0� = E 1845.55' L Op( y EM181T �0 A SG � ryp po' v STRIP NO. 2 p QQ /NTR.M.. oGvr0� ' 2004-0586954, U ROB C n REC. 09-21'04 STA R R. EXP. C P .4 ? 007 PAkM/ 1 OF CA��F N I 25' --- 125 W --- _ $ / 12.50' 1150' g a MILL STP55T SHEET I OF 2 Hl]IT —MLM SCALE: NOT i0 SW EXN/B/T 9" oaArM er. LK 1101 S. Milliken Avenue• Suite 0 •Onterio,CA 91761 OATF, o2-2s-2oo7 909/390—WO '909/,390-8406 FAX �'V.4TE,PEA,�EiGfFNTS JOB NO. 11-0242-03 i I PRO✓ECT NAME.' WES70A IE APN 0736-J41-64 25' 1257' 1257' OR/G/NA EASEMENT AREA PER EXH 181T 'F" STR IP 2, INSTR. N0. 2004-0686954 REC. 09-21-04 N 002500° W N 89:Y5'00" E 9.70' 25.B2' PAkC� 3 POB PARCEL -T fff PT "A arm. l LA SOIL h � Q ROB 8. STA 0 JR. 0 �. p J EXP.I 30,2007 A i * \� 457 pQ ..00" O OF C4NF 12.50 V OENOTES' 01710 11VAL EASEMENT AREA i 11.50' p ®DEN07ES.• AREA OF AOD1170NAL CASEVENT PARCEL 1, PARCEL 2 ANO PARCEL J N DENOTES AD17701VAL EASEMENT AREA / i SEE SHEET 1 SHEET 2 OF 2 HUITf-ZOLIARS SCALE: NOT 10 SCAIf 1101 S. Milliken Avenue• Suite G .Ontarlo,CA 91761 /,r,�1 7�G,1 c�,C,�,7� eAIE 02-26-2007 909/390-8400 '909/390-8406 FAX WAZ E4,T5fC-/ T JOB NO �" 11-0242-03 PROJECT NAME:Westgate APN:0136-341-164 EXHIBIT "C" CONDITIONS 1. Grantee hereby agrees to save and hold harmless Grantor and its officers or employees from all sums which Grantor or any of its officers or employees may be obligated to pay by reason of any liability imposed on them for damages arising out of the performance of the services rendered by Grantee and caused by any error, omission or act of Grantee or any person employed by him or her or any others for whose acts Grantee is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation and reasonable attorney's fees. 2. Grantor hereby agrees to save and hold harmless Grantee and its departments, agencies, officers or employees from all sums which Grantee or any of its departments, agencies, officers, or employees may be obligated to pay by reason of any liability imposed on them for damages arising out of the performance of the services rendered by Grantor and caused by any error,omission or act of Grantor or any person employed by him or her or any others for whose acts Grantor is legally liable. Said sums shall include,in the event of legal action, court costs, expenses of litigation and reasonable attorney's fees. 3. Grantor reserves the right to use said real property in any manner, provided such use does not unreasonably interfere with Grantee's rights hereunder. No structures will be erected within the limits of this easement to include but not limited to buildings, walls, swimming pools, ponds, fences and similar type structures. Any structures placed within easement limits without the approval of the Grantee will be removed at the Grantor's expense. 4. No substantial landscape items will be installed within the limits of this easement to include but not limited to trees, shrubs, landscape walls and similar type landscape material. Limited groundcover landscaping will be subject to written approval by Grantee and any landscape gronndcover material previously approved by Grantee, and placed within easement limits and subsequently removed due to Grantee's activity shall be replaced by Grantee at Grantee's expense. Any landscape material placed within easement limits without the approval of the Grantee will be removed at Grantor's expense. 5. Grantor reserves the right to require Grantee, at Grantor's expense, to remove and relocate all improvements placed by Grantee upon said real property,upon determination by Grantor that the same will interfere with future development of Grantor's property. Within 180 days after Grantor's written notice and demand for removal and relocation of the improvements, Grantee shall remove and relocate the improvements to a feasible location on the property of Grantor, as designated by Grantor provided that Grantor shall grant Grantee with an easement in such new location, on the same terms and conditions as herein stated, all without cost to Grantee, and Grantee thereupon shall reconvey to Grantor the easement herein granted. Exhibit C—Page I t PROJECT NAME:Westgate APN:0136-341-52 and 0136-341-53 6. Grantee agrees to use due care in any use of the easement herein granted and in the construction, installation, repair, replacement and maintenance of Grantee's improvements on the easement area as provided for herein so as not to unreasonably disturb Grantor's use of its property. Exhibit C—Page 2 PROJECT NAME: WESTGATE APN: 0136-341-64 �N SffE rum n _. � sr. VICNrrY MAP HM to soot i PMC6'A'N I I °r na sae.-enasT�i. `�jll �m —araroxo 1 i LOCATION MAP NOT To SG H1111T -7lJLlARS �A� NOT JSCXLE MIM" Avenue. wart C•Ontorlc,CA 91781 AND 909/390-8400 '909/390-8408 FAX MIT, 02-01 GOCAT/ONMAP joe No. ,.