HomeMy WebLinkAbout2010-071
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RESOLUTION NO. 2010-71
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A QUITCLAIM DEED TO INLAND VALLEY
DEVELOPMENT AGENCY AND A QUITCLAIM DEED TO WESTGATE NO.1, L.P.,
FOR THOSE CERTAIN EASEMENTS GRANTED TO THE CITY BY THE SAME FORA
WATER PIPELINE LOCATED ON THE NORTHWEST CORNER OF TIPPECANOE
AVENUE AND MILL STREET.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City, a Quitclaim Deed to Inland Valley Development
Agency "IVDA", and a Quitclaim Deed to Westgate No. I, L.P. for those certain water pipeline
easements located on the northwest comer of Tippecanoe Avenue and Mill Street, in the City of
San Bernardino, more particularly described in Exhibit" I " and Exhibit "2" attached hereto and
made a part hereof.
1//
/1/
03/24/10
1
2010-71
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF A QUITCLAIM DEED TO INLAND VALLEY DEVELOPMENT AGENCY AND A
QUITCLAIM DEED TO WESTGATE NO. I, L.P., FOR THOSE CERTAIN EASEMENTS GRANTED TO
THE CITY BY THE SAME FOR A WATER PIPELINE LOCATED ON THE NORTHWEST CORNER OF
TIPPECANOE A VENUE AND MILL STREET.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council ofthe City of San Bernardino at a joint regular
meeting thereof
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ x
x
DESJARDINS
BRINKER x
SHORETT x
KELLEY x
x
JOHNSON
x
MCCAMMACK
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held on the 19th day of April
, 20~, by the following vote, to wit:
~h.~
The foregoing resolution is hereby approved thi~~ day of April
Approved as to form:
v
JAMES F. ENMAN
City Attorney
03/24/10
,20~.
~yor
2
REQUESTED BY AND
WHEN RECORDED MAIL TO:
Inland Valley Development Agency
294 S. Leland Norton Way, Suite #1
San Bernardino, CA 92408 _
Attn: Michael Burrows
APN: 0136-341-56 (Westgate)
SPACE ABOVE FOR RECORDER'S USE
QUITCLAIM DEED
TIm UNDERSIGNED GRANTOR(S) DECLARE(S) THAT DOCUMENTARY TRANSFER TAX IS $0.
o Unincorporated area 0 City of San Bernardino
o Computed on the full value of the interest or property conveyed, or is
o 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 ;lcknowledged, 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 Docwnent 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
EXHIBIT COpy
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 hislher/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)
EXHIBIT A
r-- ... --.- - .--.--. -.- __ -_--;--- ___ ___
. R....d.d ,. OIl.,. R......, Counly ,"u '.._no
~ LARRY WALKER
AudllllrlCanll1lll.r - RlaDnI"
P Counter
Dual: 2004-0686953
II"'IIIIIII~IIIIIIII
t1!11!004
2:01 PM
Aft
RECORDING RBQUESTED BY
AND
WHEN RECORDED MAIL TO:
APII 0136-341-3'-0000
Stacey Aldatadt, Deputy Genoral MllIIger
City of Son Bemardlno
Municipal Waler Departmout
P. O. Box 710
300 North D Slrcel
San Bomardlno, CA 92402 -,,~.~
Tille: 1
PegR: 12
....
....
....
..~..
F...
T_.
at"..
PIIUD
GRANT OF EASEMENT
(public Water Line Ealement)
This Orant of Basement 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.
Granlof.m1lOftSlderation1lf-themutuaf-promisenontained-herein; '&nit the pubim-llenefifproVided,
hereby grant unto Grantee, ita successors and assigns, an easement to locate, relocate, construct;
reconstruct, maintain, alter, enlarge, impect, 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 CONDmONS ON THE
"ADDENDUM TO EASEME!"IT AGREEMENT" AND MADE A PART HEREOF.
Date !J -23 -CJ1/
By:
APPROVED:
Development Agency, a joint powers authority eslablilJhed under the law. of lhe
omla
Bv:
Description: San BemarrJlno,CA Document-Year. DoclD 2004.686963 Page: 1 of 12
Order: p Comment:
v~ I c)"-
@)
A'ITEST:
APPROVED AS TO FORM:
~ Wi. R~I'I-OIC e
Agency Counsel .
[ADD ACKNOWLEDGMENT OF SIGNATURES]
De8crlpf/on: San BemalTflno,CA Document-Ye8T.DocID 2004.686953 Page: 2 0'12
OlTfer: p Comment:
@
VM,l '-0 ~ tl
..-..------- -.. ---. ~--.- -------. .-- -.--'-.
CALIFORNIA ALL-PURPOSI ACKNOWLIDGMENT
State 01 CIlIfamla }
County 01 San Bernardino 8lI.
On
8-23-04
PenlOllllIV IppelNd
Dennis
before me,Kelly K. Berry, Notary PUblic
NiIlhaTlltdOllllllrl&lo'.""'ClDI,IIIfIIr"*,,
HansberQer
-.--
1lclenoneIlv known to me
[J puved to me on lI1e llUl8 of IIlIIfIolory
- .._"~!!1.!!... ___ ____.__ ___" ._
-
.--Qiilr~'''I4fliMe ..
NaIaIy NIle . CGIIoonIo
San 8er .IN CoInv
1ffCamm..... MarU,2OOI
la be the perean(l) whOle name(1) lalere
aubllc:rtbed to the wlll1ln lnelrumlnt end
ecIcno~ III me IheIh~_
-the-'_in- -iIfll1l.,m..It-lII1hOrtzlll
c8Jl8Clly(teII, end 11181 by hlIIherllhelr
lIgnelIn(e) on the lnelrum8nt l/1e IlIreon(I), or
1111 entlty upon beheJf of whIcII thl _n(a)
1Cted, 1_ the lnelrumenl. .
~hn-m AI
. /~--- ~~r
OPT70NAL.
""""'..._-"".,-IIy....._--*'-..........._---
kluMlrttwrIiIWIIlIfd r- '.._. fII,* MID......dDcurIMt
DescrIption of AlIIIChlId Documlnt .
Grant ot Basement (Public Water Ltne Base-
TIlf8 or ~ 01 Document: m..n~ I .
Doc:umont Date: 8 -23 - 0 4 N....ber 01 Pegee: ei~h t
Judith Valles/Clerk of the Board/
Slgner(e) 0Iher 111.. Nemad Above: Aa.nav Couns.l
Capaclly(lee) Claimed by SllIner
Signer'. Neme:
DAnniH HanRhAraAr
[JlndIIIIcluII
[J Ccrpande 0ftIcer - TlIfe(I):
[J PI/1n.. - [J UmIIed 0 G"""18I
DAIIllmey.ln-Fact
[JT~
[J GulldlenorCan_
;ik0tller: Co_C'!h.. j ,.
SignerlaRIP'_ntIng:lnland Valley Development Aqency
.1."",......,......._......"'Nl..IClI.~CAt1It.... ~
......NlLIII7 ......CII"MfIIett~
Desctfptlon: San Bemarrflno,CA Documenf-Yssr.DocID 2004.686953 Pege: 3 0(12
Orrfer: P Comment:
CALIFORNIA ALL-PURPOII ACKNOWLIDClMINT
State of California
Coonly 01 San Bernardino
}n.
On
8-23-04
ba'ore ma,Kell y
...
Uddith Valles
K. Berry, Notary Public
.........."'0II0If.... ....ao..NaIur......, .
perwonally Ippeared
-"-
0parI0nalIy known to ma
o proved 10 me on the basis 01 n1of'"*"Y
ovtd8l1C8
10 ha the person(s) who.. name(l) lslllre
aubaor1bld to 1111 wllhln lnallllmant and
lICIrnowIadaed 10 me 111.. helahai1lay exac:uled
..tha- __.-.In.-u~'''authortzed
capadty(laa), and thai by hlSlharllhelr
8llP1alure(11 on the Inalrumanl1l1a _(I), or
the entlly upan haha. 01 which 1I1a person(l)
acted, exOCUl8d the inotrument. '
c-ry;.~
OPTIONAL
.......__....._.,..._-_.._~...""'----
~remtNII_nMllldII'/I..1I _,. bin blltlOlltlH dDcurlMt
Deac:r1ptlon of AltIc:h8d Document .
Grant of Easement (Public Water tine Ease-
TIlla or tnJa 0' Document: men t I
DocumantO.te: 8-23-04 NumberofP!'lIea: eiCl'ht
Dennis Hansberger/Clerk of the Board/
Slgnar(l) 0111... TIIan NIII18d Above: ACI'encY Counsel .
Capaclty(le.) Claimed by Signer
Signer" Nama:
.Tun" +h ".11 AG
o In<hIclJaI
o ~ Olbr -111I0(0):
D P_ - D UmlId D aana""
DAtlornay-In-Fact
D Trustee
D ausllllan Ot Col1lelVltor
~01her: Co_C'!ha i r
Slgnar '" AeptSl8lllIng: Inland Valley Development Agency
.t...NIllttIINoWJ"-'lIllM.....CI..........'O'......~CA.1I1Ha.~
.........., Aeodr.CIITlHnt'~
Description: San Bernardino, CA Document. Year.DocID 2004.686953 Page: 4 of 12
Orrler: P Comment:
CALIFORNIA AL.....URPO.. ACKNOWUDGMINT
Stile 01 Callfomla
County 01 San Bernardino
}~
On 8-23-04
..
beb'ame.Pannv A.L. Chuar Nnr:A~puhliC!
,.........."ca..............fIIlllIlW'
XAIIl' ".......Y
-..-
II PItIOnIIy knawn to ma
o P/VY8d la ma on 1111 bull 01 l8lIIIIolory
.. ~ -- ..----.-. .--.-.-
(leI8On8I1y appll8llld
. PENNJ''' J.J:IfIIA____
-N~;;=~:=
1M _/no CounIr
1IyCamm.&IlhI....t4,_
fo bs ilia p8l8Ofl(a) ,",,018 nsma(a) Isla,.
subscrlbed 111 thl wl1I11n Instrument and
aclcnowfedgld 10 ma 1I1al heIsI1a!lhay IXICUIId
. Itw"~-ume- -tn-.- M."I..,UI.lr-"--~lf .-
ClpacIty(Ioal. and 1I1al by hllA1or1lllalr
llIgna1urw(a) on ilia InaInlmenIIIIa paraon(a), or
ilia anaty ullOn behalf of which 1I1a pIl'IOn(a)
fICted, 8X8CUI8d 1I1a InalnImant.
&'1"'-"-1/2
~.C ,
"'*
OPnoNAL
T/IQ.pI..-...-.....-....,---..-...........----
~,..,.._. "lh...,(oINranr_...tbcuJrft
Descrlptlon of Atlacl1ed Docu_t .
. Grant of Basement (Public Water Line Base-
11Ue or l'/pe af Documanl: m.n+ ,
DocumantDate: 8-23_04 Numll8rafP." eight
Dennis HanSberger/JUdith valles/
SlcJter(s) Other Than NamedAbow: :&q_""y """".a1
Capaclty(lBtl) Cl8lmecl by Signer
~Nama:
"al'l" ~at""':"Y
o IndlvlWaI
o Corporel8 0III00r - TlIIe(a):
o Parln.. - 0 Umltad 0 llenanIl
o AltDmoyoln-Facl
o Tru_
o GU8IdIan Of ConaervaIor
~~~~1....~' n~ ~ha an~...~
SI~~R~~rnland Valley Develop.ent Aqency
.1.........,..,,~._OII......r.O"......~~.IIIHGt._.._IIl"'~_
,......., "-IIr.CII'ItINW I..,...,
Description: San BemarrJlno,CA Document- Year. DoclD 2004.686953 Page: 5 of 12
OrrJer: p Comment:
, .
ADDENDUM TO EASEMENT AGREEMENT
I. Grantee hereby agrees to save and hold harmless Grantor and ita officers or employees from
all sums which Grantor Of any of its officers or employees may be obligated to pay by
feason of any liablUty Imposed on them for damages arising out of the perfolUl8llCe of the
services rendered by Grantee and caUlled by any error, omission or act of Grantee or any
penon employed by him or her or any others for whose acta 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 itl department, agencies,
officers or employeee from all auml which Grantee Dr any of ita departmenll, ageneiee.
officers, or employees msy be obligated to pay by reason of any liability impaled on them
for damages arising out of the porfonnance of the aervicee rendered by Grantor and caused
by any C1TOr, omission or act of Grantor or any person employed by him or her or any others
__foLw!'mo.amaGrantoriIJcga1I)'JiabJo..Said~uma shall iIlcludo, in-~e event oflegal aelien,
court costs, expenses oflitigation and reaaonable attorney's fees.
3. Grantor reserves the right to use said real property in any manner, provided such UIIe does
not IIIII'e8SOIIlIbly interfere with Grantee's rights hereunder. No stnIcturcs will be erected
within the Iimill of thil easement. Grantor may grant other easementl in, under and on the
property described in Exhibit "An so long as such other easements do not unreasonably.
interfere with Grantee's rights hereunder.
4. Grantor reserves the right to require Grantee, at Gran~or's expense, to remove and relocate
all improvemenll placed by Grantee upon said real property, upon dctenninatlon by Grantor
that the same will interfere with future development of Grantee's property. Within 180 days
after Grantor's written notiee 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 deaignated by Grantor and Grantor shall furni8h Grantee with an easement in
such now location, on the terms and conditions as herein ltatcd, all withont cost to Grantee,
aild Grantee thereupon shall reconvey to Grantor the easement herein granted.
S. 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 itl property,
~
p~ fC)l'~
Description: San Bemardlno,CA Document- Yeaf.DaclD 2004.686953 Page: 6 of 12
Order: p COmment:
Certificate. 01 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, 8I1d grantee consents to the recordation thereof by its duly authorized officer.
CITY OF SAN BERNARDINO
By: ~'.l ~ C.tvJL
City Clerk
Dile: ~.. ;{O. 2...0-04
.
cB
~R. ~O.,~
C:\Documents and Settings\gondek\Local Settings\Temp\City of SB
Watel: Depart_a.t 'ueraent .. IVDA Pl'Opel'ty.d.ao
Description: San Bemardlno,CA Document- Year.DocID 2004.686953 Page: 7 of 12
OrrJer: p Comment:
ALL.PURPOSE ACKNOWLEDGMENT
Stale of California . }ss.
Counly of San Bernardino
On Saptember 20, 2004 before me, ' David M. Gutierrez ,
UMn, t:<<Jl""IYI
personally appeared Rachel G. Clerk
.tIQll'UtJI
(!J personally known to me - OR - o proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s).
is/are subscribed to lhe wi!hln inslrllment and
acknowledged to me that he/she/they executed
the same in hls/her/lheii authorized
capacity(ies), and thaI by his/her/their
---.-- - - si,na.!.u.!~s!~~~~l1.e_i_n~~rn~n!_thl: ~r_sonlsl! _
or the entity upon behalf ot which the
person(s) acted. execuled the instrument.
"e DAVID II. GU~'
- Cats..' 131311& WITNESS my hand and official seal.
~ .mAlIMUC._
, "'....... CiII!Iff - -(Q~:::.~)
.~. ... ''''''''.....-'t
OPTIONAL INfORMATION
The Inrormallon below II nOl required by la.,. Howeyer, II could preyenl riaudulenl alllchmem or IhillCknowl-
cdamenllo In unauthorized document"
CAPACITY CIADIIlD BY SIGNER (PRlNCIPALt DESCRlPrIOlf OF ATI'AtBED DOCUMENT '.
o INDIVIDUAL
o CORFORATEomCER
T\11.E OR TYPE OF DOCUMENt' .
1m.IcI1
o PARl'NER(S)
o AlTORNEy.!H.FACf NUMBER OF PAaES
o TRUSTE\!(S)
o GUARDIANJCONSERVATOR DATE OF DOCUMENT
o OTHER:
OTHER
SIGNER IS REPRESENTING: J
RIGHT THUMBPRINT J
HAMIOFPUSOH,SIOI EIfT11'YUDI OF
SIGNER ..
I
...;.
Description: San Bemardlno,CA Document-Yeer.DocID 2004.686953 Page: 8 0112
Order: p Comment:
APW 136-341-35-0000
Grantor: Illland VaUey Deve10pmant Aae~ey
June 22. 2004
[XHlBIT
WATER EASEMENT
(for City Water Line)
( over IVDA Property )
Those portions of loIS 2 and 13, of Block 45, ortbe Rancho San Bernardino on file in Boole
7 ofMape, Page 2 thereof; Records or San Bernardino County, California, lying within Pan:els I, 2
and 3 of City of San Bernardino Certificate or Compliaace for Lot Uno Adjullment No. 04-00 I
recorded MIY 6, 2004. " Instrument No. 2004-03 16870, Ottlcial1lccord. of San Bernardino
County, California, 1oC81ed in the City of San Bemudino, deambed u follows:
A strip of land 25.00 feet wide, lying 12.50 feet on each side of tho following described
_line;
STRIP NO.1:
COMMENCING at the northerly terminus of that certain course cited IS having I bearing
ofN.00"25'2J"W. and a length of21SS.36 fect.in the westerly lillc said Parccl3;
The"" S.00"25'21"E. ala", said westerly line, I distance of22.SO feet, to the POINT 01/
BEGINNlNG;
Thence S.45"2S'00"E., I distanal of 13.19 feel;
Thence N.I9"lS'OO"E., a distance of3n.63 feet, to I Point hereinafter referred to u Point
.'A";
Thence conlinulng N.I9"35'00"B., I diltulce of 1000.21 feet, to the westerly line of
Tippecanoe Avenue u c1eKribed in Grut oeEuemeni rcccmled Mareh 13, 2002 IS Instrument No.
2002-0124767, Oftleial Rec4rds oeSan Bernardino County, California, laid wes....ly line beiDI a
line parallel with and 44.00 feet westerly of the centerline of said Tippecanoe Avenue.
, The sidelines of said strip offand shall be prolonged or .hortened as 10 tenninale in aid
westerly IIno ofPtrcell and in said westerly line ofTippccanoe Avenue.
STRIP NO. Z:
POINT OF BEGINNING allhe aforementioned Point U A,";
Thence S.OO"25'oo"E.. a distanec of 1845.55 reel;
Thence S.22"OS'oo"W.. a distance of 172, 12 feel;
K:\ClknUI12JO HiUwoodll.t:aat Oo.criptioaJlI2Il).1161VD^.cily W.l<\',...
I ~~~l
~
-
l~ ~ tv-a
fTo ~~ HrUNn~T~ nnnM"ru ~lnft7Qr~Ah
Description: San Bemarrllno,CA Document- Year. DoclD 2004.886953 Page: 9 of 12
Order: P Comment:
Jb:tT bAQ7./rT/IA
I
I
I
I
,
I
,
I
i
I
I
I
i
.
,
,
I
I
;
i
I
I
,
I
,
I
I
,
.,
,
Wiler Euem.n1-IVDA/Cily
I'll.. 10(2
Exhibit
Thenco S.Ooo2S'OO"E., a d~tance oflI9.27fcel, to Ihe Ilonllerty line of Mill Street, said
line being a line parallel with Ind 41.2~ feot nonOOly of the centerline oCsaid Mill Street.
The sidelines of said !trip of lan<I.hall be prolonged or Ihortened U 10 terminate in .aid
westerly Iino oCParcel3 in the southerly line oCtile above deacribed Strip No. I and said northerly
line of Mill Street.
EXCEPTING 'I'llEREFROM those portions oCthe above dewibed Strip No. I and Strip
No. 21yln8 within said Parcels I and 2 ofCcrtificltc ofComplience for Lot Line Adjustment No.
04-001.
Kef CONSULTANTS, INC.
Prepared IInder the Sllpervl.lon of
'-""" I#~' ~.~
Marl... Crowther, PLS 6152
Date: '1 - .. . e>4
~
Va:".fL 1- Ol....€)
~~ "t'--j
-
K:\CUentlII1IO !6uwocd\l.qal Detcripdonsl1210.jl6!VDA.(;ity WIler.doc
. 7.7. ~...t blTt.N1.n~ f'1I"Y1M"TI-4 ~Jao"AE60G L" '~1 "OB7/~t/l"
Description: San Bemardlno,CA Document-Yeer.DocID 2004.686953 Page: 10 of 12 ..~, "~ .
Order: p Comment:
'f
I
I
I
I : JI
I I :r
I I e
\. I Par-cel1 l~
! : (Weatgate No.1, LP.) .; i
. I /Jr- j.:I
Ill! 1 0"- ..
.~ I ~ I "'.. /Jr~ 1
. I - I ,:,v.
fJ\"
: : . ~e~,jt1'"
rfT-:-------:- ---
I I ",0"-
LL..A. I No. 04-001
I 'n.d No. 2004-0316870, O.R,
I . I (05-06-200<1)
I I.
2i,5p"
500'25 21 E
=~
I Wat.,. .
. I e.llment
- - - - - - - .., (0";'; 111I.\I
: APII 01~ 341-35-0000
1 III
I =l
I /;j
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1
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I 0'"
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-------~-~--------
I
I
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Parcel 2 .1
LolA. No. 01-04
In.t. No, 540112. O.R.
(11-29-2P01)
I
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(IVDA)
Par-ce'
:3
#'
~
0"-
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~
. SCAl.EI1".JOCT
'in
N
~
,
-~-
nmber Creek
~. .. InlL No. 2004-0366191, O.R.
/ ,~. (5-25-04)
1 i N89~35'00"E
1000.21'
'to
I. 12.50' I
~:
I
I
I
1
rS22'115'OO"Jli
r 172.12'
~5,ool
I 119.27' f
Paree. 2
(Weatgote No.1, LP.)
'- '- i Mill St.
WATER EASEJ.ENT
, O'IBlIVDH
6KCT CONSULTANTS, INC.
OM EnQlnwl.~. Pl_
. .
Description: San Bemardlno, CA Document- YeBr.DocID 2004.686953 Page: 11 of 1
OfflfN: P .Comment:
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EXHIBIT
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Seal.: /"-30(}'
Jun. 2004
110 /210-06
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'APJ 0136-341~3S-0000
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Description: San Bemardlno,CA Document-Year.DocID 2004.686953 Page: 12 of 12
Ol'fler: p Comment:
,
REQUESTED BY AND
WHEN RECORDED MAIL TO:
Westgate No. I, 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.
o Unincorporated area 0 City of San Bernardino
o Computed on the full value of the interest or property conveyed, or is
o 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 Docwnent No. 2004-0686954 in the
official Records of the County of San Bernardino, California; and (2) the Grant of Easement
recorded April 10, 2007 as Docwnent 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
EXHIBIT COPY
By
Patrick J. Morris, Mayor
Date
ATTEST:
By:
City Clerk
Date:
[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)
RECORDING REQUES11lD BY
AND
WHEN RECORDED MAIL TO:
APN 0136-341-35-0000
Stacey A1datadt, Deputy General Manager
City of San Bernardino
Municipal Water Deplll1ment
P. O. Box 710
300 North D SIRe!
SID Bernardino, CA 92402
R".rdld In omo.oI R".""
C.unly 0.8,n 8,,"lI1IIno
DDCN: 2004 - 0811914
9/21/2004 2:0e PM
NO FEE PER GOVERNMENT CODE SECTION 6103
SPACE ABOVE FOR RECORDER'S USB
GRANT OF EASEMENT
This Grant of Easement is entered into by and between Westllate 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 grnnt unto Grantee, its successors nnd assigns, an easement to locate, relocate, construct,
recoDBtruct, 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 thot certain real property described and shown on Exhibit "A",
attached hereto and by this reference made a part hereof.
TInS EASEMENT IS BEING GRANTED SUBJEcr TO THE CONDITIONS ON THE
"ADDENDUM TO EASEMENT AGREEMENT" AND MADE A PART HEREOF.
Date -7/i1jbf
APPROVED:
WESTGAmNO. I, L.P.,
a Calitbml8 limited partnership
By: HIL Westgate GP, LLC,
a Califomlalitnited liability company,
ita general partner
By: HIlIwood Investment Land, L.P.,
a Texas limited partnmbip,
Ita 8010 member '
By: HIlIwood Operating. L.P.,
a Toxas limited partnership,
its general partner
By:
"
State of C~ifornia
County of 1J..'JJ/vt&vlt441'iMuJ ) ss.
On before me, ~~),)~ personally appeared
, personally known to me (el' !!J;9".,,-l tQ me vll Lha
) to be the person ~ whose name l-if)
is/ere subscribed to the within instrument and acknowledged to me
that he/Bhe,'thcy executed the same in his/h'u,!tl:lllir authorized
capacity (4e.et, and that by .his/her /their signature)-dl on the
instrument the person~, or the entity upon behalf of which the
person~ acted, executed the instrument.
WITNESS my hand and official seal.
SV~-YJ~
(Seal)
. MAR IS$/o I., JOHNSON
CommIsIIon. 127-487.
J Nofay NlIIc. CdfanIa
.~;kJt, County
- - - ~~~~~f
Consent 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. I, L.P., a California limited
partnership, in favor of Lender recorded June 29, 2004, as Document No. 2004-460408 in the
Official Records of San Bernardino County, California to this Grant of Easement.
WELLS FARGO BANK,
NATIONAL ASSOCIATION
~~~
Title: ~p
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 Docwnent No. 2004-460409 in the Official Records of San
Bernardino County, California to this Grant of Easement.
WELLS FARGO BANK,
NATIONAL ASSOCIATION
BY.~~~
Name: I&l
Title: ~ vP
STATE OF TEXAS ~
~
COUNTY OF DALLAS ~
04, by J. Kent
n, a national
The foregoing Instrument was ACKNOWLEDGED bef
Howard, the Senior Vice President of WELLS FARG
association, on behalf of saId bank.
[S EAL]
My Commission Expires:
Oll \..02.1 tlt.
Notary's Printed Name:
~jO~n To L.a.ver+y
e JOHN T. LAVERTY
MV COMMISSION EXPIRES
APRIL 2. 2006
STATEOFT~S ~
~
COUNTY OF DALLAS ~
y J. Kent
a national
[S EALJ
My Commission Expires:
6\.{~ot,..
Notary's Printed Name:
- 6J,1/\ 1". Ll\\le.rbt
e JOHN T, LAVERTY
, . MV COMMISSION EXPIRES
APRIL 2, 2006
, '
ADDENDUM TO EASEMENT AGREEMENT
I. Grantee hereby agrees to save and hold harmless Grantor and its officers or employees from
all swns 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 perfonnance 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 linbility imposed on them
for damages arislt1g 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 sball 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
prnperty described in Exhibit "A" so long as such other easements do not unreasonnbly
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
thAt th" .Am" will int"",,... with tjlP1fe d~v('I"P",....t ('f ('....nde'~'s P'""P"~ Within 180 da.y.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 sha1l fumish 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 lIl1reasonably disturb Grantor's use
of its property.
6. Grantor grants this easement to Grantee subject to all matters of record.
Water Easement to City
Over
Westgate No.1, L.P. property
I ~@~})?)
APH 0136-341-35-0000
Grantor: Westgate No. L
June 22, 2004
EXHIBIT L
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, Califomia, lying within Parcels 1,2
and 3 of City of San Bernardino Certificate of Compliance for Lot Line Adjustment No. 04-00 I
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 tenninus of that certain course cited as having a bearing
~fN.00'2S'21"W. and a length of215S.36 feet, in the westerly line said Parcel 3;
Thence S.ooo25'21"E. along said westerly line, a distance of22.50 feet, to the POINT OF
BEGINNING;
Thence S.4so2S'OO''E., a distance of 13.19 feet;
Thence N.89035'OO"E., a distance of377.63 feet, to a Point hereinafter referred to as Point
UA'"';
Thence continuing N.89"35'oo"E., a distance oflOOO.21 feet, to the westerly line of
Tippecanoe Avenue as described in Grant of Easement 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 tenninate 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.00025'00''E., a distance of 1845.55 feet;
Thence S22005 'OO"W., a distance of 172.12 feet;
~KCI
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K:\CIi.nls\1210 HiUwoodlLegal Descriptionsll21O~6 DPJ-Cily Waler,doc
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Water Easement - Westgate/City
Page 20f2
Exhibit L
Thence S.00025'OO''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 tenninate in said
westerly line of Parcel J in the southerly line of the above described Strip No. I and said northerly
line of Mill Street.
EXCEPTING THEREFROM those portions of the above described Strip No. I and Strip
No.2 lying within said Parcel 3 of Certificate of Compliance for Lot Line Adjustment No. 04-001.
KCT CONSULTANTS, INC.
Prepared under the supervision of:
," ,,~~\.. UWo n'~
/~v u~
I $ MARISSA \
( ~ CROWTHER i
'~'''''~I.O''' *
* '
~ NO,6152,'
"'l'tqFCP.\.\~
........... rl'n.' C~~
Marissa Crowther,
Date: (-6 -04
~
PLS 6152
'~KCj
-
K:IClienlsl121O HiUwood\Legal Descriptionsll21O-06 DP3-City Water.doc:
Certificate of Acceptance
This is to certify that the interest in real property conveyed by the within ins1rument 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: ~I_ ~
. City Clerk
Date: .--..A-e p--r: J...O, ~ 00 1
ALL.PURPOSE ACKNOWLEDGMENT
State of Califomia }ss.
County of San Bernardino
On September 20 2004 before me, David M, Gutierrez ,
i[MT1!j (NOTARVl
personally appeared Rachel G. Clark
SIClNERISI
Q9 personally known to me - OR - o proved to me on the basis of satisfactory
ev ideilce 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/the i r au tho rized
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.
A. M" ..".,~ WITNESS my hand and official .seal.
.. Comm.1l383t8& III
. MOTARY P\IIUC.CAIIIIINIA
s..........._ _ \
My ee.., !>I/Nl.......lOOI'l' ~v--J), ,;;..-&~
,
OPTIONAL INFORMATION
Th~ . . . ~_.. ,I. nn. 'l.~ :. ...~ ~ f. t!(:J"t~lJf ~UI("hmeAt 0" .
edgmenllo an unauthorized documenl.
CAPACItY ClAIMED BY SICNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
OINDtVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TTTlEC51
o PARTNER(S)
o ATrORNEY.IN.FACf NUMBER OF PAOES
o TRUSTEE(S)
o OUARDIAN/CONSERVATOR DAlE OF DOCUMENT
o arHER:
arHER
,
SIGNER IS REPRESENTING: i
RIGHT THUMBPRINT J
NAMEOPPEA50NtStOR ENTITY(lESI OF
SIGNER
a
I
APA'J'J9
VAllEY-SIERRA. i00-362.3369
I Point of ,
, I Commencement
Timber Creek
~, " '0 .Inst. No. 2004-0366191, O.R,
I 'II) (5-25-04)
PSOO~0't2~0?2f~P~' J77.ej' 1i N~, ~~~ ~~-;r.- -=- -=-
N89'3S'00"E
Beg nlng
: Water
- - -- - - - ~. "I Easement
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I I AfB 0136..,341-35-0000
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: N (I \lOA) : I (Westgate No.1, L.P.)
I Parcel I I
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L.LA. No. 01-0" II (05-06-2004)
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WA TER EASEMElff
OVER we8TQATE NO.1, LP. PARCa.
...... KCT CONSULTANTS, INC.
~ OMI Engineers. $urveyore - Plenners
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EXHIBIT
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, Scale: /".300'
Ju/jl2004
WO 12/0-06
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SAN BERNARDiNo
AIRPCRT
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VICINITY 11M
NOT TO SCAlE
APN 0136-341~35-o000
EXHIBIT B
-,-Jl. -'----.-----, - - -
,
-.-. - - _. -. - ---- -. -. - -- -. - - - - .. ,- .
RECORDING REQUESTED BY
AND
WHEN RECORDBD MAIL TO:
Stacey AId,'adl, Oene,.1 Man.ger
City orSan Bom.rdlno
Municipal W.lerDepanmenl
P.O. Bolt 110
300 NOI1IJ D Strool
San BMlardlno, CA 92402
Refordld In 011I0'11 Rloord', Counrv 01 Slit Bernardino 4/10/2001
t' LARIlY WALKER 1:40 PM
AudltDl/Controllll - Recorder MP
P Counler
DooN: 2007-0218172 Till,,: 1 PIO": 14
II~IIIII ~II"!"'''II~II m F... 8.00
,.)(.. e.eo
Other .....
PAlO se,ee
APN: 0136-341-164
(Westgate)
NO FEE PER OOVBRNMENT CODE SECTION 6103
SPACE ABOVE FOR RECORDBR'S USE
GRANT OF EASEMENT
This Grant of Easement is entered into by and between Westgate No. I, L.P., a California limited
partnCIllhip 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 10 locate, relocate, construct,
reconstruct, main1ain, alter, enlarge, inspect, repair and replace underground pipelines for the
transportation of water, and all pipes, conduita, manholes, Structurea and equipment necessary or
convenienllhereto, 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 Intentlonally len bJank.)
/
......
PROffiCT NAME: WeolS'to
APN: 0136-341-164
THIS EASEMENT IS GRANTED SUBJll:CT TO THE CONDITIONS AS SHOWN ON
Emmrr "C" AlTACHED AND MADE A PART HEREOF.
GRANTOR:
WBSTGATBNO,I,L.P.,
a Califunlia limited partnorship
By: H/LLWOOD LIT GP, LLC,
a Delaware limited liability company,
itB general partner
BY.~
Name:
Title: -
State o~dI..
County of ~/
rem~ltfJ~'. ~~::/4~
. Notary Public, pccson.lIy
personaUy known to me (or proved to me on the basis of satisfactory evidOllco) to be the person(s)
whose IUIIl1e(S) is/8l'llsubscrlbed to the within lnslrumOllt and acknowledged 10 me that he/she/they
executed the same In hislherlthoir authorized capacity(les), and that by hislherithelr signature(s) on
tho inltrUmClJlt the person(s), or tho entity upon behalf of which tho person(s) acted, executed the
Instrwnont.
W
(Seal)
\\\"lUIIIIU",,,,,<<
MG~~"~'~,~.~~
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IS : ~ n :0""
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". OF ....
".f:\'P'~6~..'
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....,. ;/0-20 II"'
11111/1/)"1111\1\1\\\\
Signature
2
~
PROJECfNAME: Wellsale
APN: 0136.341.164 .
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 thereofby its duly authorized officer.
CITY OF SAN BERNARDINO
BY;~obftu k;~ tJpu-/;;
City Clerk -~(J
Date: dO
State of California
County of San Bernardino
On Karch 30. 2007 before me, David H. Gutierrez
appeared Sandra Medina
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person~}
whose name(ll) ishue subscribed to the within instrument and acknowledged to rne that i1Wshellillly
executed the same in kiBlherltIIIlir authorized capacity(iU), and that byMslher1lJlM s1gnaturet') on
the instrument the person(s), or the entity upon behalf of which the person(ll) acted, executed the
instrument.
. Notary PUblic, personally
WITNESS my hand and official seal.
Si~a~,~
(Seal)
3
.
PROJBCT NAMB: WealplO
APN: 0136-341-164
Coment of Lender
Teachcni Insurau.ao and Annuity Association of America, a New Yorlc corporation, as agent
("Lender''), hereby coosents Co end aubordinatea that certain Deed of Tnlsl, Asaigmnent of Leases
end Rente, Security Agreement end FixluI'e FiIlDg dated May 20, 2005, and recorded 88 Document
No. 2005-0370993111 'he OflicJal Records of San Bernardino County, CaUfumia, 88 modified by: (i)
that certain Modification Agreemeat by and between Westgate No.1, L.P" a Callfbmla limited.
pllltner8hlp ("WGI''), dated III of September I, 2005, end reconfed III DClCIlII1eDt No. 2005.0659465
in the Offlcla1 Reconfs of San Bernardino County, Califomia, and (iI) !bat certaiu Second
ModIficallon of Deed of Tms~ Allignmellt ofLeeses end Ren18. Seourity Agreement and Pixtum
Piling and Modification of Promiaoty Note by WGI and Lender ~ed May 26, 2006 as
Documcmt No. 2006-0362723 in the Official Reconfs of San Bernardino County, CaUfumla to this
Amended Grant ofl!ascment.
TBACH!!RS JNSURANCBAND
ANNUITY ASSOCTATlON OF AMBRlCA, a
N~Yodc: corporation
"
By:
Name:
ntle:
~
SlaIeofNewYorlc
County of New York ~
~~~~~._--,
PenonaUy known to me (or pnwed to me on tho baslA of salisl1lcloty evidence) to be the pmonOO..
whose nam~ is/eH.lubscribed to the within instrument and aclcnowledged Co me that hc1ahoItho)
executed the same in hisJhas/'_'teir authorized capaclty(~, and that by hfalhlllfllillir Ilgnatur~ on
tho Instrument tho penon~ or tho entity upon bebalf of which the pmon~acted, executed the
Imtrument.
. WlTNBSs my hand end official seal.
SIgnature
(Seal)
....'ANTHO l. GRIMALDI
. NolaI)' Publl., StolO or New Volli
II.. 4911148
, QUI'"lld In WetlOhestor Coun!y"_
Commllllon E,cplres Oclobtor 13.JJlIr
4
PR01llCJ' NAME: Westgar.
APN: 0136.341-164
Conlent of Lender
Teadl0I8 Insurance and Annuity Association of America, a New Yode cocporatloll, as agent
("Lander"). hereby consents to and subordinates that cortaln Deed of Trust, AIslgnmOllt ofLOiies
and Rents, Seourlty Agreement and Plxture Piling dated May 20, 2005, and recorded as DocwnOllt
No. 200S-0370995 In the Official ReconIa of Ban Bemardino County, California, as modified by: (i)
that certaJn Modl,fioallon Agreement by and between Westgate No, I, L.P., a CalIfomIa Ul1Ilted
partnembip ("WOI"), dated as ofSeptembOl' 1,2005, and recorded as Document No. 2oo5-06S9466
In the Official Recorde of San Bernardino County, CaIltbmla, and (Ii) that certaJn Sooond
Modlt1eation Aar-nent by WGI and Lender recorded May 26, 2006 88 Document No. 2006-
0362724 in the Ofliclal Records of San Benumllno County, California to thia AmW1ded Grant of
BasemenL
TEACHERS INSURANCE AND
ANNUITY ASSOCIATION OF AMBRICA, a
Now yorlt COJpOratlon
~ ~:i:i.:;.,.al\f .
ntle:~_
State of New Yode
County of New York
C;;~I~I7.~~~ .NotaryPublio,pCll1lOnaIJy
'pe13OIIlIIly known to me (or proved to !DO on tho balls of IIlisfactory evIdClllCll) to be the perso~
whole nam~ IsI_ subscribed to tho within instnlment and acknowledged to me that hcllJltoltheY
executed the same in hlaiMrIlIleir authorized capacity(ies)', and that by h~ s1~ on
the inatnunent the pOl'8Onoo. or the entily upon behalf of which the person~ 8l:ted, executed the
instrument.
WlTNESS my hand and official seaI.
Signature
"
(Seal)
/',
, "NTHO l. GRIMALDI
i ,Notary PUbll ,Stlltl.' Now Yom
I No; 4911148
...Quallfled In W"lch.star Coun!ll.._
."",mmllllon Exp'ro. OctOber 13, l/l4oV f
5
PROJECTNAMB: Weslgate
APN: 0136-341-164
EXHIBIT "A"
DESCRIPTION OF WATER LINE EASEMENT
(See attached)
Exhibit A
PROJECT NAME: WESTGATE
APN: 0136-341434
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
FEEl' WIDE L YlNG 12.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBEQ 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..Q888954, 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 UNE 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 46 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"26'00" EAST 1846.65 FEET" IN THE CENTERLINE
OF THAT CERTAIN 26.00 FOOT STRIP OF lAND DESCRIBED IN 'STRIP NO, 2' EXHIBIT A IN
DOCUMENT RECORDED SEPTEMBER 21, 2004 AS INSTRUMENT NO. 2004.Q886954, 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 16.82 FEET; THENCE NORTH 00"26'00' WEST 928.57 FEET TO A POINT HEREBY
DESIGNATED POINT 'N; THENCE CONTINUING ALONG SAID lAST MENTIONED COURSE NORTH
00"25'00' WEST 9.70 FEET,
EXCEPllNG 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.
.-- -.._-- . ._- -- ._ ._ u_ . _~_ '_
PROJECT NAME: WESTGATE
APN: 0138.341~
PARCEL 3
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 UES 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 89"35'00' EAST 26.82 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.
L()"HZ-104 R5
JN 11-l1242"()3
MARCH 06, 2007
PROJECT NAME: Westgate
APN: 0136-341-164
EXHIBIT MB"
DRAWING DEPICTING EASEMENT AREA
(See attached)
Bxhibit B
Q
See SHeer 2
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PROJECT NAME'.' ~SmA TE'
APN.' 0IJ6-J41-IU
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PARCEl. " PARcel 2 ANO PARCEl. J
OENOTES AOlnONAl EASEMENT AREA
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12.50'
sz. Y TE'RMINIJS
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E 1845.55'
EXHI81T "F"
STRIP Na 2
INlR.Na
2004-0686954-
~ REG: 09-21-04-
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SHEET 1 OF .2
HUITr. ZOLlA~
EXI-IIBIT "8"
WATB? CA$88VTS
SCALE: NOT TO SCAlE
DRAYlll 11lll\f'
DATEl 02-28-2007
JOB NO.
11-0242-0J
1101 S, MIllikin AvenuI' Sullo G ,Onlarlo,CA 91761
909/390-8400 '909/390-8406 FAX
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PROJE'CT NAME.' M:STG'A IF
AM' 01J6-J41-64
ORIGlNA EASEMENT AREA PER
aH/BIT ";<'" STRIP 2. INSTR. NO.
2001--0688954 REe. 09-21-04
N 00'25'00. W
9.70'
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OE:NOlFS.. ORIGINAL EASEMENT AREA
W'~ OE:N07ES: ARDI OF AOOI77ONAl
EASEMENT
PARCEl. 1. PARCEl. 2 ANO PARCEl. J
OENOlFS AOI77ONAl EASEYENT AREA
SHEET 2 OF 2
HUIlT -ZOLlARS
1101 S. Milliken Avenue' SIlltl G 'Ontorlo.CA 91781
909/390-8400 '909/390-6408 FAX
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PARCE'l 3
PT "A"
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EXI-I/B/T "8"
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DAlE: 02-26-2007
JOB NO.
11-0242-03
PRomCf NAME: Westgato
APN: 0136-341-164
EXHIBIT "C"
CONDITIONS
1. Grantee hereby agrees to save and hold hannless Grantor and its officers or employees from
ail 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 pcrfonnanoe of the
sorvices rendered by Grantee and caused by any error, omission or aelt of Grantee or any
person employed by him or her or any others for whose sets 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 hannless 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 perfonnanee of the services rendered by Grantor and caused
by any crror, omission or aelt 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,
co1ll1 costs, expenses of litigation and reasonable attomey's fees.
3. Grantor reserves the right to use said real property In any manner, provided such use does
not unreasonably interfere with Gtantee'srights hereunder, No structures will be erected
within the limits of this easement to include but not limited to bulldings, walls, swimming
pools, ponds, fences and similar type stnJctures. 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 groundcover mate.rial previously approved by Grantee, and placed within
easemCQt 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 lIpon said real property, upon determination by Grantor
that the same will interfere with future developmCQt 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
easeDlCQt in such new location, on the same terms and conditions as herein ststed, all
without cost to Grantee, and Grantee thereupon shall reconvey to Grantor the easement
herein granted.
Exhibit C - Page 1
-""-"- -- -
PROJECT NAMB: Westgate
APN: 0136-341-52 Illd 0136-341-53
6. Grantee agrees to use due care in any use of the casement herein granted and in the
construction, installation, repair, replacement and maintenance of Grantee's
improvements on the casemcnt arca 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
V1CNIIY MAl'
Hor TO ICAIJ:
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1101 s. "'IUIIe.. AvenUl' Svlll G 'Onlorio,CA 81751
809/390-8400 '908/J91Hl408 rAX
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JOB NO.
11-0242-03
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Recorded In OffIcial Records, County 01 San BernardIno
REQUESTED BY AND
WHEN RECORDED MAIL TO:
-5"-:'~_
' ..~"COl;.~'riIllut
"9
DocH: 2010-0161400
111111 11111 II III ""'111 III
LARRY WALKER
Audilor/Conlroller - Recorder
4/27/2010
9:27 AM
SG
641 City SB Development Services
Westgate No.1, L.P.
% HiIlwood Development Company, LLC
268 West Hospitality Lane, Suite 105
San Bernardino, CA 92408
Attn: Michelle Kirk
Tilles: 1 Pages: 31
Fees 99.12113
Taxes 13.013
Other 13.00
PAID $99.130
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.
o Unincorporated area 0 City of San Bernardino
o Computed on the full value of the interest or property conveyed, or is
o 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 Docwnent No. 2004-0686954 in the
official Records of the County of San Bernardino, California; and (2) the Grant of Easement
recorded April 10, 2007 as Docwnent 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
B~~~
Patri k J. Morris, Ma~
Date Atr: I 2.2, 7 ~ 10
ATTEST:
Date:
By: ~ kJ.~
Cl Clerk
"lAc. 110
/ '
[Signatures must be notarized]
2010-71
CALIFORNIA ALL-PURPOSE ACKNOWLEGMENT
State of California )
County of SAn ~l"fYl rrI'/l1t) )
On ~l AJ.. I )..010 before me,j';J,I' rn i="'.....t...2J-eY' M~, Notary Public,
personally appeared~ .:L.-.t:Yluv i s
who proved to me on
the basis of satisfactory evidence to be the person~ whose name~ is/ale subscribed to the within
instrument and acknowledged to me that he/~/tl)l{y executed the same in hislhk/th}fr authorized
capacity(i~, and that by his/h~ItlI(ir signatureC% on the instrument the person~, or the entity upon
behalf of which the person(ll1 acted, executed the instrwnent.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
Signature:~ ~ fY1ti1)A-Ju.J)
WITNESS my hand and official seal.
, \',
" '
2010-71
EXHIBIT A
,
i,
,', .f
2010-71
RECORDING REQUESTED BY
AND
wHEN RECORDED MAIL TO:
APN 0136-341-35-0000
Stacey A1datadl, Deputy General Manager
City of San Bemardlno
Municipal Water Department
p, O. Box 110
300 North D Street
San Bernanlino, CA 92402
R..ordld In OIQ,I. RIOOrdl,
C.only " Sin Bornlldlno
OocN: 2004- 06889&4
9/2t/2004 2:08 PM
NO FEE PER GOVERNMENT CODE SECTION 6103
SPACE ABOVE FOR RECORDER'S USE
GRANT OF EASEMENT
This Grant of Easement is entered mto by and between Weslllate No.1. L.P.. a California limited
Dartnersbio. hereinafter called Grantor and the City of San Bernardino, hereinafter called Grantee.
Grantor in considemtion 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,
recoll8truct, 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.
TInS EASEMENT IS BEING GRANTED SUBJECT TO THE CONDITIONS ON THE
"ADDENDUM TO EASEMENT AGREEMENT" AND MADE A PART HEREOF.
Date '7 ~1./lJ 1-
APPROVED:
WESTOAm NO. I, L.P"
a CalitOlDla Umited pMmmhip
By: HIL Westgate GP, u.c,
a CalifiJmia liInited liability company,
ita general partner
By: HJlIwood Investment Land, L.P.,
S TllXlIS Jlmjted pMmersh.ip,
its 801e member '
By: HUIwood Operating, L.P.,
a Texas liInited pMmership,
ita general pMmer
By:
2010-71
state of C9+ifornia, .
County of ~&vIlmii1uJ ) ss.
On before me, ~~)t){IwQj(~ personally appeared
, personally known to me (el' ~F~""rl ~9 Ille vII Lhe
l to be the person;.s1 whose name yll
is/.re subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/hu:/tR8:1.r authorized
capacity~, and that by,his,lheY/'=l,6ir signature)-df on the . .
instrument the person (..91, or the entity upon behalf of which the
person~ acted, executed the instrument.
WITNESS my hand and official seal.
S~~&J~
(Seal)
. MAR ISSA l. JOHNSON
) ~~=:a
llI'n..Idb County
- - - ~~~~~~f
2010-71
Consent 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 Docwnent No. 2004-460408 in the
Official Records of San Bernardino County, California to this Grant of Easement.
WELLS FARGO BANK,
NATIONAL ASSOCIATION
:n~~
Title: ~p
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. I, L.P., a California lintited partnership, in favor
of Lender recorded June 29, 2004, as Docwnent No. 2004-460409 in the Official Records of San
Bernardino County, California to this Grant of Easement.
WELLS FARGO BANK,
NATIONAL ASSOCIATION
B~~4
Name:
Title: ~ V
2010-71
STATE OF TEXAS ~
~
COUNTY OF DALLAS ~
04, by J. Kent
n, a national
The foregoing instrument was ACKNOWLEDGED be~
Howard, the Senior Vice President of WELLS FARG
association, on behalf of seid bank.
[S EAL]
My Commission ExpIres:
t> It \-02.-1 t:l t.
Notary's Printed Name:
4jO~~ T, w,.verofy
e JOHN T. LAVERTY
MY COMMISSION EXPIRES
APRIL 2, 2006
STATE OF TEXAS ~
~
COUNTY OF DALLAS ~
The foregoing instrument was ACKNOWLEDGE before m
Howard, the SenIor Vice President of WELLS F
0650GI
[S EALJ
My Commission expires:
oy ~ O\,
Notary's Printed Name:
- b1 '" 1". Ld.llerbt
e JOHN T, LAVERTY
MY COMMISSION EXPIRES
APRIL 2, 2006
2010-71
ADDENDUM TO EASEMENT AGREEMENT
I. GrfUltee 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
reasonnble attomey's fees.
2. Grantor hereby agrees to save and hold bannless Grantee imd 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 St1lDJl shall include, in the event of legal action,
court costs, expenses of litigation and reasonnble attorney's fees.
3. Grantor reserves the right to use said real property in any manner, provided such use does
not unreasonnbly 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. Granlor 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 th~ .Am" "';11 inM~~ with ti'tn~ d..""I"J'tuellt of Q.antee', P"'PCrty Withi.. 180 da.J'.'l
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 funllsh 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 Granlor 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 unreasonnbly disturb Grantor's use
of its property.
6. Grantor grants this easement to Grantee subject to all matters of record.
2010-71
Water Easement to City
Over
Westgate No.1, L.P. property
I ~@t'0JP)
APN 0136-341-35-0000
Grantor: Westgate No. .
June 22, 2004
2010-71
EXHmIT A-.
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, Califomia, 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
~fN.Ooo25'21"W. and a length of2155.36 feet, in the westerly line said Parcel 3;
Thence S.00025'21''E. along said westerly line, a distance of 22.50 feet, to the POINT OF
BEGINNlNG;
Thence S.45025'OO"E., a distance of 13.19 feet;
Thence N.89035'00"E., a distance of377.63 feet, to a Point hereinafter referred to as Point
"A";
Thence continuing N.89035'00"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 No.
2002-0124767, Official Records of San BernardinoCounty, 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 ofland 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,00025'OO''E., a distance of 1845.55 feet;
Thence S.22005'OO"W., a distance of 172.12 feet;
~KCI
K:\Cli<nls\l210 HiUwoodlLegal Descriptions\l2lO-06 DPJ-Cily Waler,doc
Water Easement - Westgate/City
Page 20f2
2010-71
Exhibit L
Thence S.00025'00''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 tenninate in said
westerly line of Parcel 3 in the southerly line of the above described Strip No.1 and said northerly
line of Mill Street.
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.
Prepared under the supervision of:
,.j
............. ~n. ~~
Marissa Crowther,
Date: {-eo ~o4
-
PLS 6152
~KCI
-
K:\Clienls\ 12 10 HiUwoodILegal Descriptionsll2 10.06 DP3.city Wata'.doc
2010-71
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
Coundl, and grantee consents to the recordation thereof by its duly authorized officer,
CITY OF SAN BERNARDINO
BY:~~
City Clerk
Date: ~ ~ J...O/ J..,' 0 0 ~
2010-71
ALL.PURPOSE ACKNOWLEDGMENT
State of California }ss.
County of San Bernardino
On September 20 2004 before me, David M. Gutierrez ,
(tM.TI!I INaTAI'n
personall y appeared Rachel G. Clark
SIGNERl51
Q9 personally known to me - OR - o 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
capacily(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.
J.~"'_~ WITNESS my hand and official ,seal.
~ Comm. , 1383185 111
. NOTARY rtJIUC.CAIIFGIIU
~ ~ S..I.......~ - \
(LQv_n ';AI~~
My c..... EII/III-IO;~T
OPTIONAL INFORMATION
Th.. . . I ....'n...;. nn. r'hv I, :. ..IA .~. n(lnlet::3t ~ual;;bmcnt 0"
edgmenl to an unauthorized document.
CAPACITY CLAIMED BY SICNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
o 'INDIVIDUAL
o CORPORATE OFRCER
TITLE OR TYPE OF DOCUMENT
n11.E(SJ
o PARTNER(S)
o ATTORNEY. IN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVAlUR DATE OF DOCUMENT
o OfHER:
OTHER
.
i
SIGNER IS REPRESENTING: RIGHT THUMBPRINT J
NAMEOFPERSON($IOR ENTITY(lESI OF
SIGNER ..
,t
APA li99
VALLEY-SIERRA, !OO-J62.J369
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Water
easement
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WATER EASEMENT
O'IER WE8T'QAlE NO. ~ LP. PAAC8..
~ KeT CONSULTANTS, INC,
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2010-71
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2010-71
EXHIBIT B
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,
- ---. - - -- -. - ---- _. _ _ _" _. _ _ _ _ n ._ _
2010-71
RECORDING REQUESTED BY
AND
WHEN RECORDED MAIL TO:
Stacey Aldatadt, Oeneral Manager
City orSan Bernardino
Municipal Water Depanment
P,O. Box 710
300 North D Street
San Bernardino, CA 92402
APN: 0136-341-164
(Westgate)
RI41ord.d In 011I0'" R.oord', County of Sart Blrn.cllno
6 }~~~lon~~~~E~aOrd"
-. P Counter
Doell: 2007-0218172 TiU..; 1
4/10/2007
1:40 PM
MP
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Tax..
Oth.,.
PAID
Paget: 14
e.ee
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a.se
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,... -~- SECTION 6103
_. ",,'E ABOVE FOR RECORDER'S USE
GRANT OF EASEMENT
This Grant of Basement is entered into by and between Westgate No. I, L,P., a California limited
partnership hereinafter called Grantor, and the City of Sm 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 thia reference made a part hereof.
(Remainder of page Intentionally teft blank.)
/
2010-71 .....
PROJBCT NAME: Wcolgoto
APi'll 0131\..341.164
THIS EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS AS SHOWN ON
EmmIT "C" A'lTACHED AND MADE A PART HEREOF,
GRANTOR:
WBSTOATBNO, I, L.P..
a Calitbroia limited pallnemhip
By: HILL WOOD LIT OP, LLC,
a Delaware limited liability company,
ila general partner
BY.~
Name'
TItle:' -
Stateo~dt.,
County of /
~m~~J;'" ~~ib
, Notary Public, personally
personally known to me (or proved to me 011 !be basis of .atisfactory evidcoce) to be !be person(.)
whose namc(s) Ware subscribed to !be within instrument and acknowledged to me thaI helshe/they
executed the same In bislhcr/their authorized C8paclty(ies), and that by h1s1her/!belr lignature(a) on
tho instromcnt the person(s), or the Olltlty upon behalf of which the pClllon(a) acted, executed !bo
instrument. '
w
(Seal)
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PRornCTNAME: WesCgate
APN: 0136-341-164
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:~oWrucb;aJ. bpht
City Clerk I -~(J
Date: 00
State of California
County orSan Bernardino
On March 30. 2007 before me, David M. Gutierrez
appeared Sandra Medina
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person~)
whose name(lI) iw- subscribed to the within instrwnent and acknowledged to me that IAr'she/lhuy
CJtecuted the same in flilrlher/lhIllr authorized oapaclty(iU}, and that byMBlher.'llllJif signaturet') on
the instnunent the person(s), or the entity upon behalf of which the person(l) acted, CJtecuted the
instrument. '
. Notary Public, personally
WITNESS my hand and official seal,
Signa~,~
(Seal)
3
.'
2010-71
.
PROJECT NAME: Wealpte
APN: 0136-341-164
Consent of Lender
Teaohcni InsuraJ1QCl1llld Annuity Associellon of America, a New York corporation, as agent
(''Lender'', hereby consents to IIIld lIlbordinates that certeln Deed of Tmst, AsaigomOllt of Leases
and R.enta, Security Agreemeal and Fixtul'e FiIlug dated May 20, 2005, and ~rded III Dooument
No. 2005-0370993 in lhe Official Records of San Bernardino COUDty. Callfurnle, III modified by: (i)
that certain Modification ApemOllt by and between Westgate No. I, L.P" a Califumia limited.
partnership ("WGin), dat~ III of8eptember I, 2005, and recorded III Document No. 2005-0659465
in the Official RecoRlll of San Bernardino County, Callfumia, and (il) lbat certain Second
Modification of Deed of 'liull, Aulgnment of Leases and Rents, SOOllrity Agreement and Fixlunl
Filing and Modilication of Pl'Omlasory Note by WOI and Lender ~rded May 26, 2006 as
Documeot No. 2006-0362723 in tho Official Recotds of San Bernardino County, Califumla to this
Amended Otant ofBascmenL
TBACHBRB INSURANCBAND
ANNUITY ASSOCIATION OF AM.BIUCA, a
New YolIe corporation
By ~~ IJIf
N~e: oil.... ft'_6o
nile: ,c. ~
"
State of New Yotk
CountyofNowYor1c ;
~~1.~~'-~-'
penona1ly known 10 me (or proved 10 me on the basis of aatiaCaoloty evidence) lobe the p....onw..
whose 1lllIl1~ is/tn.lIlbacribed 10 the within instrument and acknowledged 10 me Ihat ~tho,
executed tho same in bislherAltelr authorized capaclty(ies), aDd that by hlsike64helr aignatureta). on
tM Inatrument tho ptllOl\oo. or the entity upon bebalf of which the personOO{otecI, executed the
lnIltument.
. WlTNBSS my hlllld 8nd official seal.
Signature
(Seal)
/ANrHO L. GRIMALDI
. Notary PUbllo, Stota.f New Yorl/
II.. "'11148
Qualllled In W.'leheoter Coun!l!._
Commission E>cplres October 13,JIIlIV"
4
2010-71
PROIllCl' NAMe, W..tgato
APN: 0136-341-164
Consent of LeDder
Teachel'8 Insurance and Anmilty Asaoolation of America, a New York corporatloD, as agent
("Lender"), hereby consents to and subordinates that certain Deed of Trust, Alslsnmant ofLCiies
and Rants. SllOUl'ity Agreement and Pixtme PIIlng dated May 20, 2005, and recorded as Documant
No. 2005-0370995 In the Official Records orSan Bernardino County, California, as modlfled by: (I)
tbat COltafn Mod/BaalloD ~ by and betwean Westgate No, I, LoP., a Callibmla limited
plll1nemh!p ("WOI"), dated a. of September I, 2005, and recorded as Document No. 2005-0659466
In the Oflio1a1 Rccords of San Bemardlno County, Callfbmla, and (Ii) that cerlafn Seoond
ModlfieatloD Agreement by WOI and Lender recorded May 26, 2006 aa Doc:ument No. 2006-
0362724 In the Of1lcisl Reoords of San Bernardino County, California to this Amended Oretrt of
Basement.
TBACHBRB lNSURANCBAND
ANNUI1Y ASSOCIATION OF AMERICA, a
New Yode COlpOnItiOll
~ ~<;;:...<> a 1\',1 ,
nt1e:~_
State of New York
County of New York
C;;~I~llt~:::iEI$l~!h~ . NotaryPublio, pononaIIy
'pet30na1ly known to me (or proved to me on tho basis of I8Il8faIltory evidence) to be the perso~
whose nam~ Is/_ subsc:ribed to tho withIn Instnlment and acknowledgad to me that belsho'tlteY
executed the same in hIs/MrI'~...... authorized capacity(ies7. and that by hislh...l'the.ir lIigna~ on
the instrument the perso~ or the entity upon behalf of which the pcrso~ acted. eKeeuted the
instl1m1ent.
WITNESS my hand and official seal
Signature
~
(Seal)
,.....l\NTHO L. GRIMALDI
i NotllY Pub" , SIlIIo 0' Now Yorfl
( No: 4911141
' Qu.llfled In W.smh,slor Counlil.._
,Commllllon ExpIre. OctOber 13, llIfMJ f
5
PROJBCTNAMB: Westgate
APN: 0136-341-164
EXHIBIT "A"
DESCRIPTION OF WATER LINE EASEMENT
(See attached)
Exhibit A
2010-71
leJlO-71
PROJECT NAME: WESTGATE
APN: 0138-341~
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. 2004-0888954, OF OFFICIAL
RECORDS, RECORDS OF SAID COUNTY; THENCE SOUTH 22"65'00' EAST 171.93 FEET; THENCE
SOUTH llO"25'OO' 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 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 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 1845.55 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. 2004-0688954, OF OFFICIAL
RECORDS. ReCORDS OF SAID COUNTY; THeNCE ALONG SAID' CERTAIN COURSE NORtH
00"25'00' WEsr 140.27 FEET TO THE "TRUE POINT OF BEGINNING"; THENCE NORTH 45"25'00'
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.
'-- '..,-- ",-- ,-
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PROJECT NAME: WESTGATE
APN: 0136.341-84
PARCEL 3
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 SAlD 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 'N IN ABOVE DESCRIBED PARCEL 2; THENCE
NORTH 89"35'00' EAST 25.82 FEET.
EXCEPTING THEREFROM THAT PORTION THEREOF WHICH LIES WITHIN ABOVE DESCRIBED
PARCEL 2.
ALSO EXCEPTING THERE FROM THAT PORTION THEREOF WHICH LIES WITHIN THAT CERTAlN
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.
LD-HZ -104 RS
JN 11-0242-03
MARCH 05, 2007
PROmcr NAME: Westgate
APN: 0136-341-164
2010-71
EXHIBIT "B"
DRAWING DEPICTING EASEMENT AREA
(See attaGhed)
Exhibit B
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PRO./ECT NAME: Hf"SmA TE'
APN: 01J8-J41-84
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OENOlCS: ORI(;fNAL EASEJ.(ENT AREA
." OENOTE'S: ARt;4 OF AOO/HONAL
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PARCfJ.. I, PARCEL 2 ANO PARCEL J
OENOlCS AOI71ONAL EASEJ.(ENT AREA
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EXHI81T "F"
STRIP NO. 2
INlR.No.
2004-()(J88954,
REC, 09-21-0'{'
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SHEET 1 OF 2
HUllT-ZOLIA~
EX7-lBlT "8'
WATeR EAStM:lVlS
SCALE: NOT TO 5CAl!
D~AVIlt I'll LIlF
DAlE: 02-26-2007
JOB NO.
11-0242-0J
1101 S. Milll1<en Avenue' SUItI G .0nl...10,OA 91761
909/390-8400 '909/390-8408 FAX
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PROJECT NAME: HE'STGA TE
APN: 0136-341-64
ORIGIN A EASEMENT AREA PER
EXHIBIT ')<'" STRIP 2, INSTI? NO.
2004-0686954 REC. 09-21-04
L010-1l
N 00'.25'00. W
9.70'
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W~ OENOTES: ARE4 OF AOOI71ONAL
EASE'MENT
PARCEL 1. PARCEL 2 ANO PARCEL 3
/)ENOTES AlJI710NAL EASEMENT AREA
SHE.'E.'r 2 OF 2
HUllT -ZOLlARS
1101 5, MIlliken Avenue' 5ulll G . Ontorlo,CA 91761
909/390-8400 '909/390-8406 FAX
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PARCEl 3
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EXI-IIB/T "8"
WA 1CR EAS'f:M:MS
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JOB NO.
11-0242-OJ
2010-71
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PRomCfNAME: Westgate
APN: 0136-341-164
EXHIBIT "C"
CONDITIONS
1. Grantee hereby agrees to save and hold harmless Orantor 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 whoso acls Orantee is legally liable, Said
sums shall include, in the event of legal action, court costs, expensee of litigation and
rCll80nable attorney's fees. .
2, Grantor hereby agrees to save and hold harmless Granlee 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 Oranlor is legally liable, Said sums shall inolude, In the event oflega] action,
court cosls, expenses of litigation and reasonable attorney's fees.
3. Grantor reserves the right to use said real property in any manner, provided suoh use does
not unreasonably interfere with Grantee's rights hercunder. No atruotures will be erccIed
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', expcinse.
4. No substantial landscape items will be installed within the limits of this easement to Include
but not limited 10 trees, shrubs, landscape walls and similar type landscape material.
Limited groundcover landscaping will be subject to written approval by Granlee and any
landscape groundcover material previously approved by Grantee, and placed within
easement limits and subsequenl1y 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 10 require Grantee, at Grantor's expense, to remove and relocate
all improvements placed by Granlee upon said real property, upon determination by Grantor
that the same will interfere with future development of Grantor's property. Within 180 days
after Orantor's written notice and demand for removal and relocation of the improvements,
Grantee shall remove and relocalc 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 snch new location, on the same terms and conditions as herein stated, all
without cost to Orantee, and Grantee thereupon shall reconvey to Grantor the easement
herein granted.
Exhibit C - Page 1
.- 20'i0--rl .-
PROJECT NAME: Westgate
APN: 0136-341-52 and 0136-341-53
6. Grantee agreos to use due care in any use of the easement herein granted and in the
construotion, installation, repair, replacement and maintenance of Grantee's
improvements on the easement area as provided for herein so as not to UlU"CllSonably
disturb Grantor's use of its property.
Exhibit C - Page 2
PROJECT NAME: WESTGATE
APN: 0136-341-64
2010-71
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1101 s. MldlJcfll A.enuI' SuI1I 0 'Onlorlo,CA 81781
909/310-8400 '909/39o-e408 FAX
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SCALE: NDT 10 SCAlf
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'AUl 02-0H007
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2Q I Q 71
TO:
FROM:
SUBJECT:
CITY OF SAN BERNARDIN~
MUNICIPAL WATER DEPARTM . 'r':;';-~:'_
,"~'iJ.r{J,
BOARD OF WATER COMMISSIONERS i "I 4R -.',
STAPF REPORT D::~.".",," 1 6 2001
Stacey R. Aldstadt, General Manager '. _~_ .
~.l
Matthew H. Litchfield
DATE:
COPIES:
WATER DEPARTMENT'S ACCEPTANCE OF THE WATBR UTILITY
BASEMENT FOR THE WESTGATE PROJECT (PEP BOYS
DISTRIBUTION CENTER WAREHOUSB EXPANSION) (EPN 1999-036)
March 9, 2007
Steve Ledbetter (wfattach), Sydney Morrison (wforiginaJ ealemcnt)
BACKGROUND,
Hillwood Development, Ine. Iw zequested a water main extension to serve the Pep Boyu
Distribution Center Watehouse Expansion Building and abandon the exJating undersized WDle<
tnaln to be located in 2nd Avenue (private Road) between Hatry Sheppard Boulevard alld Mill
Sttcet. An amended watez utility easement from the outtent property owner 1.. required to centrally
locate the new watez main extension within the amended water utility casement at the above-
referenced location.
Westgate No. I, l.P. has provided the D.partment with easement documents foz execution. The
Engineering slllff and the Oty's R.eal Property section have reviewed th..e documents and found
them to b. acceptable foz recordation.
RECOMMENDATION:
It is recommended that the Board of Water Commissioner. .onsldcz the fonewing motion for
appnlVal:
Accept the Amendment to Grant of Easement for the waterline easement hom
Westgate No.1, LP. (Weltgate pzoject), APN OU6-341-164, as described ltt the
easemc::Dt documents and authorize the Sectetary to submit the easement
documents to the City Clerk for lignature and recordadon.
Respectfully submitted,
M::1J~?
Director, Water Ulillty
MHL:DM:.wd
Attach.
CI\@DIUa\Word Proccssins:\ WPWlN\Boud M'emol\Pcp BO}'I .\mendment Grtnl otBucmcnt Boud Memo Im.ed.dec
REQUESTED BY AND
WHEN RECORDED MAIL TO:
Recorded In Olllcial Records, County of San Bernardino
LARRY WALKER
Auditor/Conlroller - Recorder
'l'~~.
~COl:"",,;,.
.~tJI-~' .'
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Doc#: 2010-0161399
111\11111111111
4/27/2010
9:27 AM
SG
Inland Valley Development Agency
294 S. Leland Norton Way, Suite #1
San Bernardino, CA 92408
Attn: Michael Burrows
641 City SB Development Services
Tilles: 1 Pages: 15
Fees 51.1313
Taxes 13.130
Other 0.00
PAID $51.00
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.
o Unincorporated area 0 City of San Bernardino
o Computed on the full value of the interest or property conveyed, or is
o 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 Docwnent 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~~,
Patri J. Morris, Ma
Date
A ('rl'(
22 U>ltJ
.
ATTEST:
By: Q~t h. Q<<A...-.tl
C'try Clerk
Date: I>{ /2.& 11 0
[Signatures must be notarized]
2010-71
CALIFORNIA ALL-PURPOSE ACKNOWLEGMENT
State of California )
County of ~IV\ oP ((\drA;tlO )
On ^.p"; \ A^I ),cIO before me,J.\'.4'_ m ~.........~U ()'\ 0. tJuIHS
personally appeared el.-+_~_;_LJ(, :T YY\ or /, S
, Notary Public,
who proved to me on
the basis of satisfactory evidence to be the personOQ whose nameoo. is/ate. subscribed to the within
instrument and acknowledged to me that he/~/t~y executed the same in his/h)Jt/t~r authorized
capacity(i~, and that by his~*ir signatureCl) on the instrument the personoo. or the entity upon
behalf of which the person,W 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.
r" .. .. - -JUu. M:,~-Ml
. Commllllon # '7....U
i HolaIy PuIlIIo . co IlllfaIl1ll8 I
Ian ........Iel CounIr
...,
( e )
Signature: ~ ~~~I C UJ:lvJJ \
2010-71
EXHIBIT A
,/
-
2010-71
r-- ... .--- - .-..--. -.-.- ._--;- ___ ___
,R....dod ,. 011'1. R....... Co..1y Illu lorllldlno
~ LARRY WALKER
AudllllrlCanll1lU.r - RlllnllI
P Counter
Doal: 2004- 0686953 TIIII: 1
t1!11!004
2:01 PM
AR
RECORDINO RBQUESTED BY
AND
WHEN RECORDED MAIL TO:
API 0136-341-35-0000
Stacey A1dlladt, Dlputy General Manager
City of Sail Bemudino
Municipal Water Department
p, 0, Box 710
300 North D SIr.et
Son Bemudino, CA 92402?~""",-
F...
Tu..
Othr
PPlID
PIg..: 12
I...
I...
....
.....
GRANT OF EAISEMENT
(Public Water Line Easement)
This (Jrant of Basement is entered into by and between Inland Valley Development Agency, a joint
powers authority established under 1I1e laws of 1I1e State of California, hereinafter called Grantor
and 1I1e City of San Semardino, hereinafter called Grantee.
Gl'lIIIlor-in-eonalderation1lfthemutual-promises-contained-hereln; .amtthe publ1ll'benefifproVided,
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 SUDJEer TO THE CONDmONS ON THE
"ADDENDUM TO EASEMEJIIT AGREEMENT" AND MADE A PART HEREOF.
Date I) -23~
APPROVED:
By:
Development Ageacy, a joint powers authority established under the laws of the
omla
Bv:
Description: San Bemardlno,CA Document- Year. DoclD 2004.686953 Page: 1 of 12
Order: p Comment:
t'1tVl. I a io\-
@J
2010-71
APPROVED AS TO FORM:
} W-l ~~Iq -Ole e
Agency Counsel .
(ADD ACKNOWLEDGMENT OF SIGNATURES]
Description: San Bamardlno,CA Document-Year.DocID 2004.686953 Page: 2 of 12
Order: p Comment:
~
V~ 1-0 p. 21
2010-71
CALIFORNIA AL....'URPO.. ACKNOWLEDGMENT
Stale or CaJIIomla }
County 01 San Bernardino 88.
On
8-23-04
personally app8m.d
Dennis
b8Ior8 m8,Kelly K. Berry, Notary PUblic
NInrt"''''rI~'''''''''''___NIIr1
...
Hansberqer
NIIllII(........
~ally known 10 I1HI
IJ pIQYed 10 I1HI on 1118 Ila. of 88Il~
- ...~~- --- -.-.-.-- ---_. --
.-=~~--
1on18lna"'_CouIIv
I,tfc::onwn.....MrlvU, :zooe
10 b8 1118 p8rtOn(8) wh_ namo(l) IlIare
lubacrfbtd 10 1118 wlll1ln lnelrument and
acIcnowIedgod to m8 theI h.,.".,.,., 8_
-!he-'_-In- -11flll11wllh81r--1lIIIRlrIZ1ll
e8ll8Clly(IeI), end that by hlIIherAhelr
1lignalure(1) en thl InItrwnent 1118 perecn(I), or
!he entity upon IlahaJI 01 whIc111111 pereon(s)
ectld, 8ll8CUl8d II1a 1nelrum8n1. .
~h~m
, '~---7)-
OPT10NAL
~"'--""'_"''''''8___''_~''''''_md__
huIUInt....,nlr - . b.llllllll.......,.,.,..".,
De8crlpllan at AtlacIl8d Document
Grant of Easement (Public Water Ltne Ease-
1ltf8cr~oIDccuIl18lll: m..n.,1 .
Dccument Dal8: 8 - 2 3 -0 4 Ntnll8r cI Peg.: ei.9:h t
Judith Valles/Clerk of the Board/
SIgner(I) 0Iher Than Hemad AbcvII: Aaencv Counsel
Cepaally(lee) Clalmad by Signer
BIgner'8 Name;
nAnnf~ HRnRb~r9&r
[J IndMduaI
[J CcIpcnte 0IIIcer - llIle(8):
[J PIItn8r -IJ LImited IJ General
[JAIIllrney.ln-Fect
[J TIII8l8e
IJ Guwen 01' Ccn88tV8lor
jk01ller. Co_Ch.. i ..
Signer Is R8Pf9S811l!ng:lnland Valley Development Aqency
.,."NdnI,...,.........._Ot......."O'..l4llI.~CAf1I'HIII.~
... NIl.., ~CII""""'1<<lN2Mar
Description: Sen Bemerrllno,CA Document. Yeer.DoclD 2004.686953 Pege: 3 of 12
Order: P Comment:
2010-71
CALIFORNIA ALL-PURPOSI ACKNOWLIDGMINT
State 01 ealNornla
Counlyof San Bernardino
}u,
On 8-23-04
...
peraonally applared
barore ml,Kelly
Ulidith Valles
K. Berry, Notary public,
...... 'Ilk If 0IIcIf l&... ....DDlt, '*-r NlIW1
NMlIl4af""
~Iy IcnGwn to me
[J pnlVad 10 me (II the basla 01 181"~
ovldenoe
10 ba Iha paroon(a) who.. naml(a) Islare
lubacrlbad 10 the wtthln 111I1ru1llll1l and
acIcr1ow1adQad 10 me thai haIaIIa.lhay lX8CUIad
, Iha- _-In---lIIlihat1lhwauthortzad
capaclty(11I), and thai by hlllharllhelr
olgnature(l~ (II the InlllrlJment the _(a), Dr
lhe "'Illy upon bahaR ., which the pe......(I)
ectad, axlCUt8d IhllnollUment. .
rry;:~-
OPTtONAL
-.....--.....-"'...,___"__...11Io____
~ ffImlNIIIlIfd IWtI.J.._1I (J/ NIl ANm *' MOIIttN docuJrent
DesGrlptlon 01 Atl8c:hed Documenl
Grant of Basement (PUblic water Line Ease-
TItIa ... Type .1 Dcx:ument: men I: I
DocurnanlData: 8-23-04 N_ofP~es: eiqht
Dennis Hansberger/Clerk of I:he Board/
Slgnar(l) 0011 Than Namad Above: Aqency Counsel '
Caplclty(lel) Clllmed by SIgner
Signer" Name:
.Tn.... f-h v.l 1 ACI
o Indvlcklol
[J Corpol8l8 otIIcll - .1HIo{l):
o ParIner - 0 Umltad 0 Ganaral
o ~r>-Fact
[J TnJalao
[J Guardian., Colli_tor
, ~0Ihar: Co-ChRir
Slgnar Is Represenung:Inland Valley Development Agency
.'H..........Nvt.y"--'......tIIODt.........''O'.._.~CAI111Nw._~
.........., ~CII~1~
Description: San Bernardino, CA Document- Year. DoclD 2004.686953 Page: 4 of 12
Order: p Comment:
2010-71
CALIFORNIA AL.....URPOS. ACKNOWUDGMINT
Sl.te 01 CaIlfOmla
County 01 San Bernardino
On 8-23-04
...
peracnaJly applllllllf
}-
tcAl1y R.,.....y
be1ate mi. Penny B. L. ChUA, N~~A~V puhl i L1
,...........,<-......".,. -,."NIt1
- '.-~~~~ii---
Malo" PuIIIlc. ea_
.... _1II1na CalmIr
MrComm............I..1lIIIII
-"-
81 pelllll1lly known III me
o pIQWd III me an the ba8I8 at IIllIIaoIoly
.. ~ 00.. ..____..... .__.___
10 be the parson(l) wIloae n_(I) laIal8
IIIbscrlbed tel th. within InllrUmont and
acknowtedgod tel m. that heIsI1emIey -CUl1!d
. the..-......... ;n-"__r--"lQthlIrIlEof
cepad\y(1..), end lItal by hi8hlor/thelr
eIp1ure(a) on the 1n8trumen11he ptnlOn(I), or
the enllly upon behaII of Which the person(a)
IICtad, execuIad the InslJumonl.
&1~-"-""n1
~"&.C )
.....
OPOONAL
17IouQfI..._llIotI_lollOt_....'IllIy__.._.....,.."'-.ond__
"....", IImlMIMd- '.._11 f1I""".. at mtIIItMliI:uIJant
Description of Attached Document .
. Grant of Basement (Public Water Line BaBe-
l11la or 1YPa of DGcumanl: mAn" )
OoalmentData: 8-23-04 Nu_olPogea: eight
Dennis HanSberger/Judith Vallea/
SJgner(a) Other Than NamedAbcMt: &9-""'1 "''''""_..1
Capaclty(lll) ClaImed by Signer '
Sign.... Nama:
Tal,ya_yo_y
o Indlvtdual
o Corp_ DtIIcor - 11Ile(1):
a P.m... - a Umltad a G"""""
o Atlllmay-in-Fact
a Trull..
o GUIIdan or ConsaMl....
~~~~lAr~."' ~hA R^~r~
SIgnor Ie Representing; Inland Valley Develop.ent Agency
· ....,... ,...,~. -... .......,,0. ......0...:.... CA..'I.....__.....Ill.-.o
"HI,.. ........-:c.r__I..-..-r
Description: San Bemardino,CA Document- Year. DoclD 2004.686953 Page: 5 of 12
Order: p Comment:
2010-71
ADDENDUM TO EASEMENT AGREEMENT
I. Grantee hereby agrees to save and hold harmless Grantor and ita officers or employees from
all IUDIS which Grantor or any of ita officers or employees may be obligated to pay by
rOll8on of any liability Imposed on them for damages arising out of the perfonnance of the
services rendered by Grantee and caused by any error, omission or act of Grantee or any
pOl'8Ol\ 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 hlll'1lby agrees to save and hold hannless Grantee and its department, agencies,
officers or employees from alIsUDlI which Grantee or any of ils departments, agencies,
officers, or employeee may be obligated to pay by feason of any Iiabillty impoled on them
for damages arising out of the perfonnance of the services rendered by Grantor and caused
by any error, omission Of act of Grantor or any person employed by him or her or any others
-. for.w!!o.ll'!.,w.,Gmntorla.JegaJqJillhle...SaId$lIIuhal! include, in..the ev~t'legal-aetien,
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 righta hereunder. No structures will be erected
within the limits of this easement Grantor may grant other euementJ 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 relerves the right to requiIe Grantee, at Gran!or's expense, to remove and relocate
all improvomentll placed by Onmtee upon said real property, upon determination by Grantor
that the lame 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 IUId relocate the'improvements to s 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 tenns and conditions as herein stated, all without cost to Grantee,
aitd Grantee thereupon shall reconvey to Grantor the easement herein granted.
S. Grantee agrees to use due. csre in any use of the easement herein granted and in the .
construction, installstion, repair, replacement and maintenlUlce of Grantee's improvements
or the easement area as provided for herein so as not to unreasonably disturb Grantor's use
ofitl property.
(Y
QI)t.... f Clt=l!J
Description: San Bemardlno,CA Document. Year. DaclD 2004.686953 Page: 6 of 12
OrrJer: P COmment:
2010-71
CerdOclte. 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: ~., ~(j. 2...0-O~
.
@
~~~o~e
C:\Documents and Settings\gondek\Local Settings\Temp\City of SB
Water Dltpa:rtuat luemct .. tvJ)A Pl'Operty.daG
Description: San Bemardlno,CA Document- Year.DocID 2004.686953 Page: 7 of 12
Order: p Comment:
2010-71
ALL.PVRP08BACKNO~EDGMENT
State of California . }ss.
County of San Bernare!ino
On September 20, 2004 before me, ' Davie! M. Gutierrez ,
lD-'nl I:<<JrAI'1
personally appeared Rachal G. Clark
It(Ir(UtJ.
I!l personall y known to me - OR. o proved to me on the basis of satisfactory
evidente to be the person(s) whose name(s),
is/are subsc:ribed to the within instrllment and
at knowledged to me that he/she/lhey exetuted
the same in his/her/their authorized
tapatity(ies). and lhat by his/her/their
-...--" - - ~i,~a.!.u.!~sts)C)IIJ!!.e_i_n~lr1!.rn~n!_th!l ~r~on(s). _
-..- or the entity upon behalf ot whith the
person(s) acted, eltecuted the instrument,
,& . DAVID M. GUnElIIEZ .
- Cam..I'IIU'1i WITNESS my hand and offitial seal.
~ IIIIAIITMIC._
. ~........ ~ - -(i2~ :'.:.?;l;f-\
.~. ." '''''''.....-1
OPTIONAL INFORMATION
The i.formlUon below II 001 requlree! by Ilw. HOWeyCT, 11 coute! preyenl f,"uduleol Illlchmeol of Ihi. scknowl-
ed&mcallO III unaulhorlzecl document:'
CAPACm CLADlED BY 81CNlR <<PRINCIPAL) DBSCRlPTION 0' AnAtBBD DOCUMENT
o tNDtVIDUAL
o CORPORATEOmCER.
Tl1Ul OR TYPE OF DOCUMENT .
""""
o PARl'NER(S)
o A11'ORNEy.!N.FAcr , NUMBER OF PACES
o TRUSTEl!(s)
o GUARDIANICONSERVATOR DATE OF ~UMENT
o OTHER:
OTHER
SIGNER Is REPRESENTING: I
RIOHT THUMBPRINT J
HA"'C)FPEIlSOHtSIOl ENTITYlIESI OF
SIONER ,
I
.
..;.
Description: San Bemardlno,CA Document-Year.DocID 2004.686953 Page: 8 of 12
Order: p Comment:
2010-71
APW 1]6-]41-]5-0000
Grantor: Inland VIllay Davalopmallt Aga~cy
June: 22. 1004
[XH1BIT
WATER EASEMENT
(for City Water Line)
( over IVDA Property )
Those portions ofLolSZ and Jl, of Block 4', oflhe Rancho San Bel'lllJ"dioo on file in Book
7 of Maps. Page Z thereof, Records of San Bernarclino County, California, lying within Pan:els I, 2
and] ofCily of San Bernardino Certificale ofCompliaace for Lot Line Adju8Iment No. 04-001
recorded May 6, 2004. IS Instrumenl No. 2004-03 16870. Oftlcial Records of San Bernardino
County. California, located In the City of San Bernardino, described as fbllows:
A strip oflaod 2'.00 feet wide, lying 12.50 feet on each side oflhe following described
centerUne;
STRIP NO.. 1:
COMM~CING at the northerly terminus oftha1 certain course cited as having a bearing
ofN.00"2"21"W. and a lengthofZISS.]6 feet, in tbcwesterly linesaid Parcel3;
The~e S.00"2S'ZI"E. along said we81crly line, a distance of22.'O feet, to the POINT 011
BEGINNING;
Thence S.4'''2S'OO"E., a distance of 13.19 feet;
Thence N.89"H'OO"E., a distance 0(]77.6] feet, to I Point hereillllfter referred to as Point
tlA!';
Thence continuing N..9"l S'OO''S., a distanc:o of I 000.21 feet, to the westerly line of
Tippecanoe Avemle as described in Grant ofEucmcni n:corded March 13, 200Z as Instrument No.
2002..0124767, OfliciaJ Records orSan Bernardino County, California, said waterly line beio8 a
line parallel with and 44.00 feel westerly of the centerrlOe of said Tippecanoe Avenue.
The sidelines ofsaid strip of land shall be proio"lled or shortened as to tcnniwe insaid
westerly line ofPan:ell and In said WClterly line ofTippccanoe AvCIIUe.
STRIP N.O. 2:
POINT OF BEGINNING lIthe aforementioned Point" A";
Thence S,OO"2S'OO''E., a distancc oC 184S.55 Ceet;
Thence S.2200"oo"W., a distance of 172.12 feet;
, ~~~l
--
-
~t:Y.J1 ~ C>~ 8
K:\CIi...ts\I210 HiUwoodll...,1 o..cription"IZI~61VD^.cily \II......doc
T.7. ~~ HTNNn~T~ nnnM"ru ~'n~7o~~A~
Description: San Bernardino, CA Document- Year. DoclD 2004.686953 Page: 9 or 12
Order: p Comment:
Ib:~T bAQ7./~TIIA
,
I
I
,
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2010-71
Waler Easemenl-IVDAlCily
Page 2 on
Exhibit
Thence S, 00.25' conE., a dislance 00 19,27feel, 10 Ihnortberly line of Mill Sucer, said
line being a line parallel wilh and 41.25 feel nonherly of the centerline of said Mill Slreel.
The sidelines of said strip of land .hall be prolonged or shortened as 10 tenninale in said
westerly line oCParcel3 in lhe southerly line oClhe above deacribed Strip No.1 and said northerly
line ofMiIJ Street.
EXCEPTING 1'JIEREFROM tIlOte portions oClhe above dCSQ'ibed Strip No. I and Strip
No. 21ylog within said Parc:ol. I and 2 ofCer1ificaleotComplianc:e for Lot Line Adjustment No.
04.001.
KCI CONSULTANTS, me.
Prepared under tile supervl,lon or.
......,..... ...~. ~~
Marl,.. Crowther, PLS 61S2
Date: '1~. .0:>4
~
~~{t 7- Ol....e>
~_ Kl_'-'
-
K:\CUenulI210 HiUwood\I.qal Detaiplionsll2J0.06IVDA-Ci1r Water.doc:
. 7.7.~... ll1'l..L\rI..n~ t1fY1M"TU j:'}QQ1Rr"696 lh 'El "99'/El/l"
Description: San Bemardlno,CA Document- Year.DoclD 2004.686953 Page: 10 of It .'.. u
Order: p Comment:
2j!5p"
500'25 21 E Of
Po~ of I
Big, "" "
Water .
. 'Euement I 1i'
-------...., (tJ";"'IV/W I I J;
: Al'II 01~ 341-35-0000: : ~
l:ll I. I Parcel 1 II
I ~ I I (Westgate No.1, LP.) .~ !
I (IWA) I I 'II .
: pa;ce. , I. ~. ]_]1
: ; - l-~ : y?'" e,d:J i
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- - - - --.- -:- ~ - - -. - - - - - I ~- - T - - ~ - ~ -.- - - ~- - - -
#' I I I yO'"
~ I LLA. I No. ,04-001
p",.ut 2 .1 I Insd No, 2004-rot6870, D.R.
LolA. NO. 01-0" I ., (05-06-2004)
Inst No. 540112, O.R. I I'
(11-29-2P01)
I
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y
Parcel 2
(Westgate No.1. L.P.)
~
'SCAl.EJ:I-.3OQ"
in
...
;
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WAnsq EASEAENT
. O'IBlI'/DA P
...... Kef CONSULTANTS,INC,
~ Ct.t 1:nQIneerI. 81.MYC18 - Pl_
Description: San Bemardlno,CA Dooument-Year.Doc/D 2004.686953 Page: 11 of1
Orrfer: p .Comment:
2010-71
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NOT TO. SCALE
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SAN iDrwfcINo
ARPtJRr
Description: San Bemardlno,CA'Document-Year.DocID 2004.686953 Page: 12 of 12
Orr!&r: p Comment:
,
2010-7I
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