HomeMy WebLinkAbout2013-250 RESOLUTION NO. 2013-250
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF
3 A QUITCLAIM DEED TO HAMPTON INN AND SUITES H.I.S. OF SAN
4 BERNARDINO, INC., FOR THOSE CERTAIN EASEMENTS GRANTED TO THE
CITY FOR A WATER PIPELINE LOCATED ON A PRIVATE ROAD SOUTHWEST
5 OF TIPPECANOE AVENUE AND HOSPITALITY LANE.
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
8
SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and
9
directed to execute on behalf of said City, a Quitclaim Deed to Hampton Inn and Suites H.I.S.
10
11 of San Bernardino, Inc., for those certain water pipeline easements located on a private road
12 southwest of Tippecanoe Avenue and Hospitality Lane, in the City of San Bernardino, more
13 particularly described in Attachment"1" attached hereto and made a part hereof.
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2013-250
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
1 AUTHORIZING AND DIRECTING THE EXECUTION OF A QUITCLAIM DEED TO HAMPTON
INN AND SUITES H.I.S. OF SAN BERNARDINO, INC., FOR THOSE CERTAIN EASEMENTS
2 GRANTED TO THE CITY FOR A WATER PIPELINE LOCATED ON A PRIVATE ROAD
SOUTHWEST OF TIPPECANOE AVENUE AND HOSPITALITY LANE.
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5
6 and Common Council of the City of San Bernardino at a joint regular meeting
7 thereof, held on the 19th day of August , 2013, by the following vote, to wit:
8
Council Members: AYES NAYS ABSTAIN ABSENT
9
MARQUEZ x
10
11 JENKINS x
12 VALDIVIA x
13 SHORETT x
14 KELLEY x
15
JOHNSON x
16
17 MCCAMMACK X
19 Georper Hanna, CI y Clerk
20 to-
The foregoing resolution is hereby approved this(DO day of August , 2013.
21
22
23 Patrick J. orris, Mayor
of . Bernardino
24
Approved as to form:
25 JAMES F. PENMAN,
26 City Attorney
27 By:
28
2013-250
ATTACHMENT "1"
RECORDING REQUESTED BY:
City of San Bernardino
WHEN RECORDED MAIL TO:
TMI Hospitality,Inc.
1201 Page Drive
Fargo,ND 58103
DOCUMENTARY TRANSFER TAX$ SPACE ABOVE THIS LINE FOR RECORDERS USE
Computed on the consideration or value of property conveyed;OR
Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,
City of San Bernardino
hereby remise,release and forever quitclaims to
Hampton Inn and Suites H.I.S.of San Bernardino,Inc.,a California corporation
All right,title and interest in and to the Grant of Easement recorded on August 8,2008 as Document No.2008-0362909
of Official Records of the County of San Bernardino,California, a copy of which is attached hereto as Exhibit '1' and
made a part hereof, and the Grant of Easement recorded on February 27, 2013 as Document No. 2013-0084135 of
Official Records, of said County, a copy of which is attached hereto as Exhibit"2"and made a part hereof, within the
following described property:
PARCEL 4 OF PARCEL MAP NO. 17772, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT MAP RECORDED IN BOOK 224 OF PARCEL MAPS,
PAGES 87 TO 90 INCLUSIVE,IN THE OFFICIAL RECORDS OF SAID COUNTY.
Assessor's Parcel Number 0281-361-25
Dated CITY OF SAN BERNARDINO
}
STATE OF CALIFORNIA }ss
COUNTY OF EXHIBIT COPY
On before me,
a PATRICK J.MORRIS,MAYOR
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
MAIL TAX STATEMENTS TO:SAME AS ABOVE
2013-250
EXHIBIT "1 "
_ __ _ .__ _ _ - _
Recorded to MIMI Rennie,Conk of Sun BernardIsm 1110012008
RECORDING REQUESTED BY 10:52 AM LKER MP
ANDS .� `; LARRY WAAudfor/Controtler — Recorder
WHEN RECORDED MAIL TO:
' P Counter
Stacey Aldstadt,General Manager -,
City of San Bernardino
pact 2008-0362909 Titles: 1 Pages: e
Municipal Water Department 0.00
P.O.Box 710 Fees
300 North D Street Other e.0e
San Bernardino,CA 92402 PAID $0.ee1
Project Name:
Hospitality Courtyard NO FEE PER GOVERNMENT CODE SECTION 6103
APN:0281-361-25 SPACE ABOVE FOR RECORDER'S USE
GRANT OF EASEMENT
This Grant of Easement is entered into by and between IE HOSPI ALITY HOIEL ,`a
California limited liability company, as to a seventy-five percent (75%) undivided interest, and
S.S.P. MOTEL CORP., a California corporation, as to a twenty-five percent (25%) undivided
interest,hereinafter collectively referred to as Grantor,,and the City of San B• /.:.dino, hereinafter
referred to as Grantee.
Grantor, in consideration of the mutual promises contained herein,and the public benefit provided,
hereby ts unto.-Grai ,_its.successors and assigns, an easement to lo locate, construct,
r e c o n s t r u c t, m a i n t a i n, a l t e r e n l a r g e, inspect, r e p a i r a n d r e p l a c e n e r g m u n d pi m`e e s f the~
tttittspo (imismT : con nits - s i dies, structuuresiaand manment necessary or
convenient thereto der acnos,that certain real prom_ esc_nbed and shown on bit"A,i';
attacSed'hereto and by this reference made a part hereof.
THIS EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS AS SHOWN ON
EXHIBIT"B",ATTACHED AND MADE A PART HEREOF.
LE HOSPITALITY HOTELS LLC,a California limited liability company,as to a seventy-five
percent(75%)undivided interest,and S.S.P.MOTEL CORP.,a California corporation,as to a
twenty-five percent(25%)undivided interest
Dated: —11 A 2008
1 -gam,.
By: ir....i By: A►%.ikt�
Name: kkac ,. ?M.o. 1 Name: N'. ..cu , ea-kA
Title: Me....vier- Title: Met—...bar
[signature(s)must be notarized]
2013-250
1
PROJECT HAMS:
Hospitality
APN 10281t 61-25tY Courtyards CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Calif° is
County ,► Ice
ON JO ZO ff 8 before me, Ar// ��� t ,i 4 od.Lic, ,
(Here nsut name and tide ort e of j
personally appeared 5Z17 e di AU., •
who proved to me on the basis of satisfactory evidence to be the personfrl whose is/ subscribed to
the within instrument and acknowledged to me that h%kfe/ execut d the same in his��authorized
capacity ,and that by�signa �1on the instrument the perso ,or the entity upon behalf of
which person)acted,executed the instnnfient.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
•:-''. NIKKI J.MCCUIN
WITNESS m hand and official seal. , . COMM. a 1818806
. NORJIRYPU�f.Gt8a0R1M pi
� � `
. fly/ OonanElphaaNsst+,20M
Si .. �, .. (Notary Sal) ...........IF
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
DESCRIPTION OF THE ATTACHED DOCUMENT � ale In �e he Cal nrb mart contain t+trbttgr madly as
ESCR ,C ED appears notary ration or a separate /one overt be
e•Ito ' ,j uV/ Property comphred and attached to that abcaarent. The only exception it IJ o
dbaanam Is to be recorded outside q/Caf f ferule.In sack batman.my alternative
(Tide or description of attached document)
acknowledging::verbiage rnaY be printed on each a ebamunt so long as the
verbiage does not moire the notary ro do something whet Is i legal Jbr a notary be
California(i.e.cestrring the anthorlssd capacly of she s/gteer).Please check the
(Tide or description of ensiled ammo continued)
document a°n�klb'JbrPrgP+r norodal~ding and attack 1hfsJbrm YatMre�d
Number of Pages Doctktt tent Date • State and County information mist be the State and County what the document
signed')personally appeared betbre the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the wrommlodgenent is completed.
(Additional infotnation) • The notary public must pint his or her name as it appears within Ids or her
commission followed bye comma and then your title(norm public).
• ���s)of document sigmas)who personally appear at the time of
n
CAPACITY CLAIMED BY THE SIGNER • Indicate the comet singular or plural forms by crossing off incorrect foams(Le.
O Individual(a) bWshellhayr is/aro)or circling the comet forms.Failure to correctly indicate this
❑ Corporate(a) • information may lead to rejection of document recording.
The notary seal impression neat be clear and photographically reproducible.
Impression must not cover teat or lines.If seal impression smudges.re.aal Ira
(Title) sufficient area permits,otherwise complete a ditlbrent acknowledgment Poem.
❑ Partner(S) • Signature of the notary public must match die signature on die with the office of ,
❑ Attorney-in-Fact the county cam.
�' 4. Additional infbnrmtion is not required but could help to ensure this
❑ Ttustee(S) acknowlsdgmesu is not misused or attached to a different document
❑ Outer o Indicate tide or type of mashed document,number of pages and date.
o Indicate the capacity claimed by the signer.If the Miami capacity is a
corporate officer,indicate the title(to.CEO,CFO,Sosretsry),
• Securely attach this document to the signed document
2008 Nation CAPA v12J0A7 8004873-9865 www~lauescom
2013-250
•
Project Name:
Hospitality Courtyard
• APN:0281-361-25
EXHIBIT"B"
CONDITIONS
1. Grantee hereby agrees to save and hold harmless Grantor and its officers or employees from
all sums which Grantor or any of its officers or employees may be obligated to pay by
reason of any liability imposed on them for damages arising out of the performance of the
services rendered by Grantee and caused by any error, omission or act of Grantee or any
person employed by him or her or any others for whose acts Grantee is legally liable. Said
sums shall include, in the event of legal action, court costs, expenses of litigation and
reasonable attorney's fees.
2. Grantor hereby agrees to save and hold harmless Grantee and its departments, agencies,
officers or employees from all sums which Grantee or any of its departments, agencies,
officers, or employees may be obligated to pay by reason of any liability imposed on them
for damages arising out of the performance of the services rendered by Grantor and caused
by any error,omission or act of Grantor or any person employed by him or her or any others
for whose acts Grantor is legally liable. Said sums shall include,in the event of legal action,
court costs,expenses of litigation and reasonable attorney's fees.
3. Grantor reserves the right to use said real property in any manner, provided such use does
not unreasonably interfere with Grantee's rights hereunder. No structures will be erected
within the limits of this easement to include but not limited to buildings, walls, swimming
pools, ponds, fences and similar type structures. Any structures placed within easement
limits without the approval of the Grantee will be removed at the Grantor's expense.
4. No substantial landscape items will be installed within the limits of this easement to include
but not limited to trees, shrubs, landscape walls and similar type landscape material.
Limited groundcover landscaping will be subject to written approval by Grantee and any
landscape groundcover material previously approved by Grantee, and placed within
easement limits and subsequently removed due to Grantee's activity shall be replaced by
Grantee at Grantee's expense. Any landscape material placed within easement limits
without the approval of the Grantee will be removed at Grantor's expense.
5. Grantor reserves the right to require Grantee, at Grantor's expense, to remove and relocate
all improvements placed by Grantee upon said real property,upon determination by Grantor
that the same will interfere with future development of Grantor's property. Within 180 days
after Grantor's written notice and demand for removal and relocation of the improvements,
Grantee shall remove and relocate the improvements to a feasible location on the property of
Grantor, as designated by Grantor provided that Grantor shall grant Grantee with an
easement in such new location, on the same terms and conditions as herein stated, all
without cost to Grantee, and Grantee thereupon shall reconvey to Grantor the easement
herein granted.
6. Grantee agrees to use due care in any use of the easement herein granted and in the
construction, installation, repair, replacement and maintenance of Grantee's improvements
on the easement area as provided for herein so as not to unreasonably disturb Grantor's use
of its property. In the event Grantee disturbs the property in connection with this easement,
Grantee agrees to restore the property to the condition in which it was found.
2013-250
Project Name: SHEET 1 OF 3
Hospitality Courtyard
APN:0281-361-25
EXHIBIT "A"
WATER EASEMENT
LEGAL DESCRIPTION
A STRIP OF LAND, 16.00 FEET IN WIDTH, SITUATE IN A PORTION OF PARCEL 4 OF
PARCEL MAP NO. 17772, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 224 PAGES 87
THROUGH 90 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT ON THAT CERTAIN COURSE IN A WESTERLY LINE OF SAID
PARCEL 4, SHOWN AS HAVING A BEARING AND DISTANCE OF°SOUTH 00°00'00°EAST,
121.67 FEET ON SAID PARCEL MAP NO. 17772, DISTANT THEREON NORTH 00°00'00°
WEST, 17.74 FEET MEASURED ALONG SAID WESTERLY LINE, FROM ITS SOUTHERLY
TERMINUS THEREOF;
THENCE NORTH 45° 00' 00° EAST, 31.11 FEET; THENCE PARALLEL WITH SAID
WESTERLY LINE, NORTH 00° 00' 00' WEST, 71.06 FEET; THENCE NORTH 55° 15' 24°
WEST, 4.23 FEET; THENCE AT RIGHT ANGLES NORTH 34°44'36°EAST, 3.00 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE NORTH 55°15'24°WEST, 10.00 FEET TO A POINT ON A CURVED LINE WITH A
RADIUS OF 50.50 FEET, CONCAVE NORTHWESTERLY AND BEING PARALLEL AND
CONCENTRIC WITH THAT CERTAIN CURVE IN THE WESTERLY LINE OF SAID PARCEL 4,
SHOWN AS HAVING A RADIUS OF 41.00 FEET AND A LENGTH OF 57.76 FEET ON SAID
PARCEL MAP NO. 17772, SAID POINT BEING THE END POINT OF THIS DESCRIPTION.
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED TO
TERMINATE NORTHWESTERLY IN SAID CURVED LINE
CONTAINING:163 SQUARE FEET OR 0.004 ACRES MORE OR LESS.
SUBJECT TO:COVENANTS, CONDITIONS, RESRICTIONS, RESERVATIONS, EASEMENTS
AND RIGHTS-OF-WAY, IF ANY.
ESCRIPTION WAS PREPAR D BY ME OR UNDER MY DIRECTION.
ip
t ��f DATE: et.uuestii .%11IAN L. THIENES
P. �
S.No. 5750
REG.EXP. 12131/79 ; 03 NO. 5750 H
*
EXP.12/31/09 II
N.•126501ESMT12650 SBMWt)dac 9
Lest Update:071108 c OF C143
2013-250
Project Name:
Hospitality Courtyard
APN:0281-361-25
Certificate of Acceptance
This is to certify that the interest in real property conveyed by the within instrument to the City of
San Bernardino, California, a municipal corporation, is hereby accepted by order of the City
Council,and grantee consents to the recordation thereof by its duly authorized officer.
CITY OF SAN BERNARDINO
City Clerk
Date: 7f id Of
2013-250
State of California )
CALIFORNIA ALL-PURPOSE
County of Stilt tI0D1No ) CERTIFICATE OF ACKNOWLEDGMENT
On f3UGsUST 712066 before me, JA1I4 i th QCf}I Q14 I NOr ?Ili$i.1C.,
(here Insert name and tide of the officer)
personally appeared
PG 6. CL�L
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 kelshe/t Teey executed the same in i+is/her/their
authorized capacity(ies),and that by kis/her/their signature(s)on the instrument the person(s)Tor 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. MAYRA OCHIQUI COMM.#1790419
NOTARY PUBLIC-CALIFORNIA
vt. / SAN BI.RNAROINO COUNTY
• •, I My Comm Expires February 3,2012 ,
Signature
(Seal)
OPTIONAL INFORMATION
Although the information In this section Is not required by law,it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification
titled/for the purpose of 4 tut A1T o Fr f Proved to me on the basis of satisfactory evidence:
�.y} I-0 fortn(s)of identification 0 credible witness(es)
`• �t�Att,v OF C� Notarial event is detailed in notary journal on:
containing pages,and dated Page a Entry 4
•
The signer(s)capacity or authority is/are as: Notary contact
❑Indhridual(s) Other
❑Attorney-in-Fact
❑Corporate Ofl4cer(s) El Additional Signer(s) 121 signer(s)lhumbprint(s)
Trtk(s) ❑
❑Guardian/Conservator
❑Partner-limited/General
❑Trustee(s)
❑Other:
representing:
Names)of Person(s)or Entltylles)Signer,s Representing
•
0 Copyright 2007 Notary Rotary.Inc.925 29th St,Des Moines,IA 50317-3612 Form ACR03.10/07 To re-order,call toll-free 1.077-AA9 500 or out us on the Internet at http//www notarycotary cram
2013-250
PROJECT MIME: EX ',q' SHEET 3 OF 3
Hospitality Courtyard
WATER EILSEAIIENT
APN: 0261-361-25
H0 __LW LA/LA/
in
.-.„i> 0119 ..... ,... s .... zri ■\ ,-------—-C.1 . ri
7,67.. rC ,‘ i b .)( rs \\ 1 1
7 T� 1 l , i \ I
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122' \\\�i r4 �.�/ Utv I ki �D►
�� I I/ V ci cc a DETAIL / Q I 14'
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o ,,. SCALE 1=20' ,\ I I I Q 4() '
a
17.74' �/ t��' �/ / �-
, G Q 1 )‘I� �' � I T.P.0.8�
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1
Q I iDETAIL" 1� P.O.C. I Gov
SCALE: 1 =50 / Q.�� 1Ni'
_ �Q�
MOST NORTHERLY Y
I w ..
/ / SW CORNER PARCEL 4‘� / SEE DETAIL a
--r I
TANGENT TABLE:
CURVE TABLE Mt DISTANCE BEAR!t G
NO. DELTA RADIUS LENGTH T1 121.67' N 00'00'00" W
12 31.11' N 45.00'00" E
CJ 80'42'48" 41.00' 57.76' T3 71.06' N 00'00'00" w
C2 8318.05" 50.50' 7.142' T4 4.23' N 55'1524" W
T5 300' N 34'44'36" E
T6 10.010' N 55'1524" W
L^E/VD: T7 50.50' N 55'1.52e w
LE
sCALE:1 100'
1 1 INDICATES MATER Ems. SURVEYOR?: LMI9
L ..1 CONTAINS: 163 SO. FT. 4 ry
0.004 ACRES t R4-pAR&V . '' 1 , . /mew 0# 4► + 4
T•1We /ineeq,gj,nc. , '° '�0 5750 y
Him aors+o� ~MN slal;r, L. THAE - We
Lr q
ryi l-mil M 14 fl-41� NO. 5750 en
CA,,�
REV. EXP. DEC. 31, 2009
2013-250
PROJECT NAME: EX ' 'A' SHEET 2 OF 3
Hospitality Couttyord WATER EASEMENT
APN: 0281-361-25
- )- ORANGE SHOW RD ,% ;' w, :'c
' a
0 ,-;>\ ,,_ / SAN BERNARDINO
ff = • ,: l
• AVENUE
i COOLEY:AVE
a ,' '' w
w
D g '. / ' F CTORIA AVE
w "Sip %HMDT ST HARDT ST
. R!EEDR GOULD i ST
COULSTON Id ST
LEE ST el
et LEE
;A, do 4., !;
HOSPITALITY ; RIMAN PLpY
04E
AR
SAN BERNARDINO t0
REMANDS / BLVD yc
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E La
1
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/ 11 /
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4bNi"Si "
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*9 \ - ' PROPOSED EASEMENT 1 i
I/ F, 03 v.
LOCAT/ON MAP
fil I
NOT TO SCALE
tl
2013-250
Recorded In Official Records,County 01 San Bernardino 2/27/2013
EXH 1 B IT "2" DENNIS DRAEGER N25 AM
•cO .• ASSESSOR — RECORDER — CLERK
f"A
;
P Counter
RECORDING REQUESTED BY Doc#: 2013-0084135 Titles: 1 Pages: 7
AND .S'-jctr 1 1111111 Fees 0.00
WHEN RECORDED MAIL TO: Taxes 0.00
Stacey Aldstadt,General Manager Other 0.00
City of San Bernardino PAID S0.00
Municipal Water Department
P.O.Box 710
300 North D Street
San Bernardino,CA 92402
APN:0281-361-25
Hospitality Court
NO FEE PER GOVERNMENT CODE SECTION 6103
SPACE ABOVE FOR RECORDER'S USE
-OTT: 0 GRANT OF EASEMENT
This Grant of Easement is entered into by and between H.I.S. of San Bernardino, Inc., a
North Dakota corporation, hereinafter collectively referred to as Grantor, and the City of San
Bernardino,hereinafter referred to as Grantee.
Grantor in consideration of the mutual promises contained herein, and the public benefit provided,
hereby grants 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, or across that certain real property described and shown on Exhibit
"A",attached hereto and by this reference made a part hereof.
THIS EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS AS SHOWN ON
EXHIBIT "B" ATTACHED AND MADE A PART HEREOF.
Date. /43
H.I.S. of San Bernardino, Inca
a North Da ota co .orat"on
By /�,:.�/f!.1—
Prin ame: Lori Kasowski
Print Title: Secretary
MAIL TAX STATEMENTS AS DIRECTW MAX
2013-250
STATE OF NORTH DAKOTA )
)SS.
COUNTY OF CASS )
On this of 4 s day of January 2013, before me personally came the above named Lori Kasowski, to
me personally known, who being duly sworn did and each for herself say that she is the Secretary for
said corporation and that said instrument was signed on behalf of said corporation by its Secretary and
acknowledges said instrument to be the free act and deed of said c• oration.
JARED SCHILUNGER \, tea ,Notary Public
Notau
State of North Dakota Cass ounty,No "Fp akota
Commission Ex•Ires Dec. 11,2013
My commission expires: c 'cr1\iJc.r1 1,, o l3
2013-250
PROJECT NAME:Hospitality Court
APN:0281-361-25
EXHIBIT "B"
CONDITIONS
1. Grantee hereby agrees to save and hold harmless Grantor and its officers or employees from
all sums which Grantor or any of its officers or employees may be obligated to pay by
reason of any liability imposed on them for damages arising out of the performance of the
services rendered by Grantee and caused by any error, omission or act of Grantee or any
person employed by him or her or any others for whose acts Grantee is legally liable. Said
sums shall include, in the event of legal action, court costs, expenses of litigation and
reasonable attorney's fees.
2. Grantor hereby agrees to save and hold harmless Grantee and its departments, agencies,
officers or employees from all sums which Grantee or any of its departments, agencies,
officers, or employees may be obligated to pay by reason of any liability imposed on them
for damages arising out of the performance of the services rendered by Grantor and caused
by any error,omission or act of Grantor or any person employed by him or her or any others
for whose acts Grantor is legally liable. Said sums shall include,in the event of legal action,
court costs,expenses of litigation and reasonable attorney's fees.
3. Grantor reserves the right to use said real property in any manner, provided such use does
not unreasonably interfere with Grantee's rights hereunder. No structures will be erected
within the limits of this easement to include but not limited to buildings, walls, swimming
pools, ponds, fences and similar type structures. Any structures placed within easement
limits without the approval of the Grantee will be removed at the Grantor's expense.
4. No substantial landscape items will be installed within the limits of this easement to include
but not limited to trees, shrubs, landscape walls and similar type landscape material.
Limited groundcover landscaping will be subject to written approval by Grantee and any
landscape groundcover material previously approved by Grantee, and placed within
easement limits and subsequently removed due to Grantee's activity shall be replaced by
Grantee at Grantee's expense. Any landscape material placed within easement limits
without the approval of the Grantee will be removed at Grantor's expense.
5. Grantor reserves the right to require Grantee, at Grantor's expense, to remove and relocate
all improvements placed by Grantee upon said real property, upon determination by Grantor
that the same will interfere with future development of Grantor's property. Within 180 days
after Grantor's written notice and demand for removal and relocation of the improvements,
Grantee shall remove and relocate the improvements to a feasible location on the property of
Grantor, as designated by Grantor provided that Grantor shall grant Grantee with an
easement in such new location, on the same terms and conditions as herein stated, all
without cost to Grantee, and Grantee thereupon shall reconvey to Grantor the easement
herein granted.
6. Grantee agrees to use due care in any use of the easement herein granted and in the
construction, installation, repair, replacement and maintenance of Grantee's improvements
on the easement area as provided for herein so as not to unreasonably disturb Grantor's use
of its property.
2013-250
PROJECT NAME:Hospitality Court
APN:0281-361-25
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 Board of Water Commissioners of the City of San Bernardino, and Grantee consents to the
recordation thereof by its duly authorized officer.
CITY OF SAN BERNARDINO
By: 7 -
1ty Clerk
Date: o -Z03
2013-250
PROJECT NAME:HOSPITALITY COURT
APN:0281-361-25
EXHIBIT "A"
LEGAL DESCRIPTION
WATER EASEMENT
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 17772, LOCATED IN THE
CITY OF SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 224 OF PARCEL
MAPS, PAGES 87 THROUGH 90, INCLUSIVE, RECORDS OF THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 4 AND POINT
ON A NON TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF
41.00 FEET WHOSE RADIAL BEARING IS NORTH 53°18'20" EAST;
THENCE SOUTHERLY ALONG SAID CURVE AND WEST LINE OF PARCEL 4,
THROUGH A CENTRAL ANGLE OF 80°42'48", AN ARC DISTANCE OF 57.76 FEET,
TO A POINT ON SAID WEST LINE OF PARCEL 4;
THENCE SOUTH 00°00'00" WEST ALONG SAID WEST LINE, A DISTANCE OF 12.51
FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OF A
NON-TANGENT CURVE, CONCAVE NORTHWESTERLY HAVING A RADIUS OF
50.50 FEET, WHOSE RADIAL BEARING IS SOUTH 35°43'17" EAST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
10°31'44",AN ARC DISTANCE OF 9.28 FEET;
THENCE SOUTH 56°59'07" EAST A DISTANCE OF 11.04 FEET, TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY HAVING
A RADIUS OF 61.38 FEET, WHOSE RADIAL BEARING IS SOUTH 48°10'09" EAST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
19°27'30",AN ARC DISTANCE OF 20.84 FEET, TO A POINT ON SAID WEST LINE
OF PARCEL 4;
THENCE NORTH 00°00'00" EAST ALONG SAID WEST LINE, A DISTANCE OF 12.83
FEET,TO THE POINT OF BEGINNING.
DESCRIPTION CONTAINS: 164.28 SQUARE FEET, MORE OR LESS.
SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS AND RIGHTS-OF-WAY, IF ANY.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
1.LAND
..... y4°O L. ST SG
CARSON L. STO ER P.L.S. 3913 0� - 12* �c\�
EXPIRATION DATE: JUNE 30, 2014 ce o O
°- P.L.S. 3913
DATE: 24/Z/ �* Exp.06/30/2014 �'*/
�Z 7
PAGE 1 OF 3 .
CAO-
2013-250
SCALE: 1".•80' �;trT TT]�TrT+ ll� l/ SFIECT 2 OF 3
PROJECT NAME: HOSPITALITY COURTYARD J h B1 .(
A.P.N.#0281-361-25 PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR WATER EASEMENT
pITAAYT�Y---
_ _LANE - N
_KOS..r- 45' 4.
r- ,
I
% 1•Aueanl 2
II APN 0251-3161-113
i
PARCEL 1
APN 0281-341-22 /
/ 4 • ! 1*9,.o C I A= 10°31144"= '
It. / *I'4 T=4.5'
•0.
/ 4S C2 R=69 38'30"
T= 10.52
4 L N53°18'20"E L=20.84
,
L I 556°59'07"E I I .04'
P.O.C. \ L2 NOO°00'00"E 12.83'
535°43�'17"/E\ c I / L_r 8°1 0'09"E "-
�, (R)
-�• �, /"P.0.6. 0ti LEGEND
/ t2 INDICATES A WATER r���
EASEMENT
PANAMA 4 CONTAINS: 164 SQ. FT. ± L---J
PARCEL 3 I AM O2S1481-26
AP>IR 0281-301.24 i
SURVEYOR ,�0NP�LAN0s
�5
PREPARED UNDER THE SUPERVISION OF: �eN L. ST.G•pG`
�O �
-1) co'
:1civvil a planning awing o o
• arcNtecture ¢- P.L.S. 3913 �'
12 P phony 900.74117M
- all. ;
I fax �� * E 08130/2014
*ha engineering a>i�aaseea1$t $ Inc. CARSON L. STORER D E xP
t Iie'la«4wu+oe,mawe.°.aarn P.L.5. NO. 3913
REG. EXP. JUNE 30, 2014 �F
117206W-EASE 1 128
2013-250
/
PROJECT NAME: 1105PITAUTY COURTYARD 511EET 3 Of 3
A.P.N. 0281-361-25 VICINITY MAP
NT5
a ' .-_ -..si l •
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LOCATION MAP-PARCEL MAP NO. 17772 PMB 224/87-90
NTS
L _
I i- LANE
L�'C`{ c¢-
oSVC1 .----r---.— --r-----____
,,--T 1 ,
1 ,
' l
I CURVE DATA
/ PMB 224/87 90 1 C I e- 216•2933'
//7I7 ��ss I R=41.00'•
'� 47 PROPOSED 9; L= 154.92'
/O PARCEL I 4m EASEMENT X C4 e-:gag.
/Vy • PM NO. 17772 [� It R= 9 54.76'
51.7T9�' 00'000C:r
4G.I n
C5 A=9°46'1 I
P. - ; R= 956.30'
/ It. secs °' L= 163.06'
�I4".; 3C14.
/ ifj\trz.77.1eL3 J P EL 4 I
esorooarwY` I U 1
:e.00
kl '
L:-..-.. .161
ti
r F.: 1
/ Asia /. 1,•Aa' 1
II 1
._ .
•
• � 80'0000'It ._.,,. _J 133.7 HOSPITALITY COUR T
2013-250
RECORDING REQUESTED BY:
City of San Bernardino
WHEN RECORDED MAIL TO:
TMI Hospitality,Inc.
1201 Page Drive
Fargo,ND 58103
DOCUMENTARY TRANSFER TAX$ SPACE ABOVE THIS LINE FOR RECORDER'S USE
Computed on the consideration or value of property conveyed;OR
Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,
City of San Bernardino
hereby remise,release and forever quitclaims to
Hampton Inn and Suites H.I.S.of San Bernardino,Inc.,a California corporation
All right,title and interest in and to the Grant of Easement recorded on August 8,2008 as Document No.2008-0362909
of Official Records of the County of San Bernardino,California,a copy of which is attached hereto as Exhibit '1' and
made a part hereof, and the Grant of Easement recorded on February 27, 2013 as Document No. 2013-0084135 of
Official Records, of said County, a copy of which is attached hereto as Exhibit"2"and made a part hereof, within the
following described property:
PARCEL 4 OF PARCEL MAP NO. 17772, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT MAP RECORDED IN BOOK 224 OF PARCEL MAPS,
PAGES 87 TO 90 INCLUSIVE,IN THE OFFICIAL RECORDS OF SAID COUNTY.
Assessor's Parcel Number 0281-361-25
Dated bps 2i, 2O/3 CITY OF SAN BERNARDINO
/ }
STATE OF CALIFORNIA.,
COUNTY OF _57:94 ,A?9,//40/"•1-Ao \v�J
On g//.2/� 2a/? before me,
4�er ,C• /1 n 7�0-- ,a PA CK J.MORRIS MAYOR
notary p liic,personall appeared
notary
/00//-/3
Who proved to me on the basis of satisfactory evidence to be the
person(4 hose name(sa-is/asubscribed to the within instrument
and acknowledged to me that he/sitelihar executed the same in t.►, VALERIE R.MONTOYA
his/ber/tllair authorized capacity(ias), and that by his/1}er:,klpeir ComnN3eion• 1118535
signature(seron the instrument the person(e1"or the entity upon "1:117i..S`,�
Notary Public-California
behalf of which the person$acted,executed the instrument. 1 San BernanRno County I certify under PENALTY OF PERJURY under the laws of the Comm.E Aug ?015
State of California that the foregoing paragraph is true and correct.
WITNESS my hand a cial seal.
Signature
MAIL TAX STATEMENTS TO: SAME AS ABOVE
2013-250
EXHIBIT "1 "
•
Recorded In 0Mtdel Records.County or San Sanardtae 9/0812009 .
10:52 AM
RECORDING REQUESTED BY LARRY WALKER MP
AND ''',a;,�, AuditorICoMrelisr — Recorder
WHEN RECORDED MAIL TO:
Stacey Aldstadt,General Manager P Counter
City of San Bernardino 000#: 2008-0362909
TM's: 1 Pages: 8 ,
Municipal Water Department FOeB e.ee
P.O.Box 710 Tuxes e.ee
300 North D Street otter e.ee
San Bernardino,CA 92402 PAID se.0e
Project Name:
Hospitality Courtyard NO FEE PER GOVERNMENT CODE SECTION 6103
APN:0281-361-25 SPACE ABOVE FOR RECORDER'S USE
GRANT OF EASEMENT
This Grant of Easement is entered into by and between IE HOSPITALITY HOTELS i is
California limited liability company, as to a seventy-five percent (75%) undivided interest, and
S.S.P. MOTEL CORP., a California corporation, as to a twenty-five percent (25%) undivided
interest,hereinafter collectively referred to as Grantokand the City of San Bernardino, hereinafter
referred to as Grantee.
Grantor, in consideration of the mutual promises contained herein,and the public benefit provided,
hereb s..successors and assigns, an easement to to _. locate, construct,
reconstruct, maintain, alter enlarge, inspectoreatr and replace sand .i.e o the_
transpo a,i*t s 1 0 .rs 1 • , s s 1•":_ COII to . 1 .11 soles, structures and,PQv pznent necessary or •
nvement thereto,minder acrrc s_4hat certain real pro s •escribed and shown n Eu ii6it A
att�Sed iereto and by this reference made a pa` r fiereof -.'
• THIS EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS AS SHOWN ON
EXHIBIT"B"ATTACHED AND MADE A PART HEREOF.
IE HOSPITALITY HOTELS LLC,a California limited liability company,as to a seventy-five
percent(75%)undivided interest,and S.S.P.MOTEL CORP.,a California corporation,as to a
twenty-five percent(25%)undivided interest
Dated: —11 AO 2006
By: I B
Name: 1r.>r_ec... Qa► * Name: µ',}o.S`• , Pates
Title: ir12w.1par- Title: ma,,..beY-
[signatu e(s)must be notarized]
2013-250
1
PROJECT NAM
RAPN 30281-36125 yards CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Califo t.•.
,/
County . .I.4 IL.' 1/
/ n /' f i
Ong//1�/7 Zo 0 P before me, ir//,;.ei ✓. ��1 a 4_r,.!/a!/� i 4,.__ ,
(Here and title of the o
personally appeared 5Z1-7 6.5',4 E.l, ,
who proved to me on the basis of satisfactory evidence to be the personK whose is/ subscribed to lilt
the within ttument and acknowledged to me that ht:/9e/ executed the same his net' it authorized
capaci and that by�signa �eJ1�1 on the h1 trument the p ,or the entity upon behalf of
which perso,(1)acted,executed the instnithent.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
NIKKI J.M CCUlN
WITNESS m hand and official seal. r assn. a 1818808
� /.010.1,4� : `-e�_ (Notary Seal) .`,� l" OIRYP1
Y1` ' BAlB6ADOg00UNfY
. My Comm.6ples Nett 80
./
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
DESCRIPTION OF THE ATTACHED DOCUMENT appears above r a section or a separate t�baw .wt be
alitli t�F/9f./✓r web' and d outside q riot rni aeas.sack only mxap d b{f a
dxnartau 4 to be raarnmlmst ootafdr grCaf(►brmtee.fa sadY tattaaaa nary edernmative
aide or dasor3pdmt of attached doeammg w+r*lase or may be printed on sash a dsantent so lops as tie
verbiage does not rfir the may to do somatbts that is Awl j r a notary be f.
California OA me*:the smo ked awn*of the*per).Please cheat the
a proper and attack iitJbra /rnaired( ile or deacdpllen of attached dac me i continued)
Number of Pages DOCtunent Date • State and County fa�on must be the State and County where the document
dsea(s)personally appeared beam the notary public lhraclmawlndgment.
• Date of noterlsatlett must be the date that the signed')parody appeared which
mast also be the same date the solmowleddneat is completed.
(Additional hibernation) • The array public must print his or her name as it appears within his or ha
oommisdoa Mowed by a comma and then your title(notary public).
• Print the named.)of document sigat(s)who personally appear at the time of
reterbaUon.
CAPACITY CLAIMED BY THE SIGNER • Indicate the comet singular or plural forms by crossing off incorrect Innm(La.
❑ Itldividual(a) heldtadheyr is/ono)or chaing the comes linear.Falbae to comedy indicate this
information may lead to rejection of document recording. i
❑ Commute O • The notary teal impassion must be clear and phomgrsphically reproducible. .
hrgneoioe must not rover teat or lines.If seal impression emudga,re4sal if a
(lido) sufficient mu pewits,ahmwise complete a Milian Sum.
❑ Psrt18t(s) • Signature of the notary public must match the signature on t(te with the office of ,
❑ Attorney-in-Fact the•county off.
ey- • Additional im�mmdoa is not required but could help to ammo this
❑ Other • Indicate type of atnehed document.number of pages not mimed at attached to&difficult document.
❑ Ott►er • Indicate the capacity claimed by the signer.If the claimed capacity is a
corporate officer,indicate the title(Le.CEO.CPO.Sametaty).
• Securely attach this document to the signed document
2008 Version CAM v12.10.07 8004173.4865 www.Noterydssses.com
2013-250
•
Project Name:
Hospitality Courtyard
APN:0281-361-25
EXHIBIT"B"
CONDITIONS
1. Grantee hereby agrees to save and hold harmless Grantor and its officers or employees from
all sums which Grantor or any of its officers or employees may be obligated to pay by
reason of any liability imposed on them for damages arising out of the performance of the
services rendered by Grantee and caused by any error, omission or act of Grantee or any
person employed by him or her or any others for whose acts Grantee is legally liable. Said
sums shall include, in the event of legal action, court costs, expenses of litigation and
reasonable attorney's fees.
2. Grantor hereby agrees to save and hold harmless Grantee and its departments, agencies,
officers or employees from all sums which Grantee or any of its departments, agencies,
officers, or employees may be obligated to pay by reason of any liability imposed on them
for damages arising out of the performance of the services rendered by Grantor and caused
by any error,omission or act of Grantor or any person employed by him or her or any others
for whose acts Grantor is legally liable. Said sums shall include,in the event of legal action,
court costs,expenses of litigation and reasonable attorney's fees.
3. Grantor reserves the right to use said real property in any manner, provided such use does
not unreasonably interfere with Grantee's rights hereunder. No structures will be erected
within the limits of this easement to include but not limited to buildings, walls, swimming
pools, ponds, fences and similar type structures. Any structures placed within easement
limits without the approval of the Grantee will be removed at the Grantor's expense.
4. No substantial landscape items will be installed within the limits of this easement to include
but not limited to trees, shrubs, landscape walls and similar type landscape material.
Limited groundcover landscaping will be subject to written approval by Grantee and any
landscape groundcover material previously approved by Grantee, and placed within
easement limits and subsequently removed due to Grantee's activity shall be replaced by
Grantee at Grantee's expense. Any landscape material placed within easement limits
without the approval of the Grantee will be removed at Grantor's expense.
5. Grantor reserves the right to require Grantee, at Grantor's expense, to remove and relocate
all improvements placed by Grantee upon said real property,upon determination by Grantor
that the same will interfere with future development of Grantor's property. Within 180 days
after Grantor's written notice and demand for removal and relocation of the improvements,
Grantee shall remove and relocate the improvements to a feasible location on the property of
Grantor, as designated by Grantor provided that Grantor shall grant Grantee with an
easement in such new location, on the same terms and conditions as herein stated, all
without cost to Grantee, and Grantee thereupon shall reconvey to Grantor the easement
herein granted.
6. Grantee agrees to use due care in any use of the easement herein granted and in the
construction, installation, repair, replacement and maintenance of Grantee's improvements
on the easement area as provided for herein so as not to unreasonably disturb Grantor's use
of its property. In the event Grantee disturbs the property in connection with this easement,
Grantee agrees to restore the property to the condition in which it was found.
2013-250
Project Name: SHEET 1 OF 3
Hospitality Courtyard
APN:0281-361-25
EXHIBIT "A"
WATER EASEMENT
LEGAL DESCRIPTION
A STRIP OF LAND, 16.00 FEET IN WIDTH, SITUATE IN A PORTION OF PARCEL 4 OF
PARCEL MAP NO. 17772, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA. AS PER MAP FILED IN BOOK 224 PAGES 87
THROUGH 90 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT ON THAT CERTAIN COURSE IN A WESTERLY LINE OF SAID
PARCEL 4, SHOWN AS HAVING A BEARING AND DISTANCE OF°SOUTH 00°00'00°EAST,
121.67 FEET'ON SAID PARCEL MAP NO. 17772, DISTANT THEREON NORTH 00°00'00°
WEST, 17.74 FEET MEASURED ALONG SAID WESTERLY LINE, FROM ITS SOUTHERLY
TERMINUS THEREOF;
THENCE NORTH 45° 00' 00° EAST, 31.11 FEET; THENCE PARALLEL WITH SAID
WESTERLY LINE, NORTH 00° 00' 00' WEST, 71.06 FEET; THENCE NORTH 55° 15' 24°
WEST, 4.23 FEET; THENCE AT RIGHT ANGLES NORTH 34°44'36°EAST, 3.00 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE NORTH 55° 15'24°WEST, 10.00 FEET TO A POINT ON A CURVED LINE WITH A
RADIUS OF 50.50 FEET, CONCAVE NORTHWESTERLY AND BEING PARALLEL AND
CONCENTRIC WITH THAT CERTAIN CURVE IN THE WESTERLY LINE OF SAID PARCEL 4,
SHOWN AS HAVING A RADIUS OF 41.00 FEET AND A LENGTH OF 57.76 FEET ON SAID
PARCEL MAP NO. 17772, SAID POINT BEING THE END POINT OF THIS DESCRIPTION.
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED TO
TERMINATE NORTHWESTERLY IN SAID CURVED LINE.
CONTAINING:163 SQUARE FEET OR 0.004 ACRES MORE OR LESS.
SUBJECT TO:COVENANTS, CONDITIONS, RESRICTIONS, RESERVATIONS, EASEMENTS
AND RIGHTS-OF-WAY,IF ANY.
ESCRIPTION WAS PREP - D BY ME OR UNDER MY DIRECTION.
fr
DATE-ohs T At
- IAN L. THIEVES
P. S.No. 5750
REG.EXP. 12/31/09 , m i
NO. 5750 ca 7°
J' 1 ,.12/31/b9
N9 ESM
2B60ET1265O_SBMWQd c
111%
_
Last upaste:07n011Xt OF Cpl .
2013-250
Project Name:
Hospitality Courtyard
APN:0281-361-25
Certificate of Acceptance
This is to certify that the interest in real property conveyed by the within instrument to the City of
San Bernardino, California, a municipal corporation, is hereby accepted by order of the City
Council,and grantee consents to the recordation thereof by its duly authorized officer.
CITY OF SAN BERNARDINO
By:
City Clerk
Date:, 7, l a OF
2013-250
State of California ) CALIFORNIA ALL-PURPOSE
County of 64111148/4100-1)1 NO ) CERTIFICATE OF ACKNOWLEDGMENT
1.
On ftiire UST 7 2&)6 before me, MAI L4 OCi+f&LC I Il/0)f ? I LiC,,
(here Insert name and title of the officer)
personally appeared PjleirSt 8. et/Mg_
_
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(a)is/are subscribed to
the within instrument and acknowledged to me that ha,she/they executed the same in IaistlheNtileir
authorized capacity(ies),and that by kis/herftheir signatures)on the instrument the person(s)Tor 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.
WETNESS my hand and offidal seal. MAYRA OCHIQUI
COMM.#1790419
4- `:«i NOTARY PUBLIC-CAUFORNIA
�
..trf/ SAN BERNARDINO COUNTY
,,.` bly Comm Expires February S,2012 ,
Signature /�� •/�
(SeaD
OPTIONAL INFORMATION
Although the information In this section is not required by law,it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document Method of Signer identification
titled/for the purpose of 41240114T. S{SSEIAMZUr Proved to me on du basis of satisfactory evidence"
LO form(5)of identification O credible wnness(es)
Mit%¢►CIAO OF ti P71Pk% ell— ,
Notarial event is detailed in notary journal on:
containing pages,and dated Page a Entry A
The signer(s)capacity or authority is/are as: Notary contact
❑Individual(s) Other
❑Atfomey-In-Fact ❑ Additional Signer(s) ❑ Slgner(s)Thumbptlnt(s)
❑Corporate Officer(s)
Inlets) ❑
❑Guardian/Conservator
❑Partner-Limited/General
❑Trustee(s)
❑Other
representing:
Names)of Permit)or Entity(les)Sigma is Representing
O C t 2007 Notary Rotary,Inc.925 29th St,Des Moines.IA 50312-3612 Form ACK03.10/07 To re-order,call toll-free 1477-349-65Ra or ma us on the t e n
�� ', Internet at hup//www notarymtarycom
2013-250
PROJECT AMC E 'A' SHEET 3 OF 3
Hospitality Couryord MTER EASEMENT
APN: 0281-361-25
(- 't
AUTY uv
in
w L ��' 'w lT C C-_ _ -�, , ,` �/ 1 1
..-•4
I 11 1 1. 9%: / _.) \ 1
i / I / T.P.O.B. Ni■ i /
el \\L ��' ` I , 1
i 122' \\`i r4 ./ �u(VV / k(1 I/ 0
DETAL 4�' / �l l i• `�
LiL1-12----Sl '''o w 1 =20 / , u 1
u
4
o� I
17.74' AI �' 1� / _a.-._
fh , ' )11 T.P.0.8�/C t 1 Ni
PAP � � / � � I DIETA L A jar //r�. P.O.C. 1 I j ryi
SCALE: 111=50' .v IN-''
? 4� Q Q/ MOST NORTHERLY I V/ SW CORNER PARCEL 4\ I SEE DETAIL "A"
TANGENT MINX':
CURVE Ti4BCE: NO. ASTAACE REARING
NO. DELTA RAMIS LENGTH T1 121.67' N 00720.00. W
C1 80'42'48' 41.00' 57.76'
12 31.11'
1.06' N 00'000'00" W
C2 8.318'05" 50.50' 7. 42' T4 4.23' N 551524" W
T5 500' N 34'44'36" £
76 10.00' N 55.15•'224' W
17 50.50' N 55.1524" W .����
D: SCALE:1"e 1 OO'
1 INDICATES MM7ER DISEMEN1: SU•VE V•'.• LAND
L. J CONTAINS 163 50. FT. `,
0.004 ACRES .* PREPARED DE . - - ,,• OF 4 1.11 11)
ire 0-
• ' kQ 5750 t�i�°�`
®Th�enes E mee , Inc.
Mil arc •LAND s C..1 4P, • v/ � EW 12/31/x9
14348 F 101 E HOULEN4R�D ,
It ov aram G 7F q
roc 1-4rs11 �i1411V-$173
REG. EV? DEC 31, -OF MA`
2013-250
I
PROJECT NAME: '/a' SHEET 2 OF 3
NospRoRty Courtyard WATER EASEMENT
APIA. 0281-361-25
— ; c
r. ORANGE SHOW RD ,.' ,, , �,'c
aat
�� SAN BERNARDINO
14.1 i �: : = AVENUE
i :' CO_M:iAVE
tR ''% F CTORIA AVE 8111E N.
o w , P J HARDT ST HARDT ST
vi . - ' ;.ER pit GOULD M ST
COULSTON �,
3 % ST ce
I -,•t.4.koi1.F I i
HOSPITALITY ; RIMAN PL
1 r, FREEWAY
SAN BERNARDINO
R D DS ff BLVD a
VICINITY A44P,
``' a NOT TO SCALE
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_ PROPOSED EASEMENT Q
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, LOCATION AMP
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NOT TO SCALE
2013-250
Recorded In Official Records.County 01 San Bernardino 2127/2013
EXHIBIT "2'w Recorded
DENNIS DRAEGER
10:25 AM
•saNearru* O ASSESSOR — RECORDER — CLERK
P Counter
RECORDING REQUESTED BY Doc#: 2013-0084135 Titles: 1 Pages: 7
AND .5%-Idy 0-1
Fees 0.00
WHEN RECORDED MAIL TO: Taxes 0.00
Stacey Aldstadt,General Manager 1111111 Other 0.00
City of San Bemardino I PAID 50.00
Municipal Water Department
P.O.Box 710
300 North D Street
San Bernardino,CA 92402
APN:0281-361-25
Hospitality Court
NO FEE PER GOVERNMENT CODE SECTION 6103
SPACE ABOVE FOR RECORDER'S USE
1) 1 GRANT OF EASEMENT
This Grant of Easement is entered into by and between H.I.S. of San Bernardino, Inc., a
North Dakota corporation, hereinafter collectively referred to as Grantor, and the City of San
Bernardino,hereinafter referred to as Grantee.
Grantor in consideration of the mutual promises contained herein, and the public benefit provided,
hereby grants 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, or across that certain real property described and shown on Exhibit
"A",attached hereto and by this reference made apart hereof.
THIS EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS AS SHOWN ON
EXHIBIT "B" ATTACHED AND MADE A PART HEREOF.
01
.3
H.I.S.of San Bernardino, Inc.,
a North Dakota co .oration
By A0.41.!'
Prin `ame: Lori Kasowski
Print Title: Secretary
MAIL TAX STATEMENTS AS DIRECTED AI;WE
2013-250
STATE OF NORTH DAKOTA )
)SS.
COUNTY OF CASS )
On this sA4k day of January 2013, before me personally came the above named Lori Kasowski, to
me personally known, who being duly sworn did and each for herself say that she is the Secretary for
said corporation and that said instrument was signed on behalf of said corporation by its Secretary and
acknowledges said instrument to be the free act and deed of said co ',oration.
, "WI ftel
JARED SCHI1LtNGER l*� , ► ,Notary Public
rVof N th Da Cass +ounty,No akota
State of NVorthe Dakota
Y
Corn nfssion ExFires Dec. 11 2013
My commission expires: ,- t,F: :)
2013-250
PROJECT NAME:Hospitality Court
APN:0281-361-25
EXHIBIT "B"
CONDITIONS
1. Grantee hereby agrees to save and hold harmless Grantor and its officers or employees from
all sums which Grantor or any of its officers or employees may be obligated to pay by
reason of any liability imposed on them for damages arising out of the performance of the
services rendered by Grantee and caused by any error, omission or act of Grantee or any
person employed by him or her or any others for whose acts Grantee is legally liable. Said
sums shall include, in the event of legal action, court costs, expenses of litigation and
reasonable attorney's fees.
2. Grantor hereby agrees to save and hold harmless Grantee and its departments, agencies,
officers or employees from all sums which Grantee or any of its departments, agencies,
officers, or employees may be obligated to pay by reason of any liability imposed on them
for damages arising out of the performance of the services rendered by Grantor and caused
by any error,omission or act of Grantor or any person employed by him or her or any others
for whose acts Grantor is legally liable. Said sums shall include,in the event of legal action,
court costs,expenses of litigation and reasonable attorney's fees.
3. Grantor reserves the right to use said real property in any manner, provided such use does
not unreasonably interfere with Grantee's rights hereunder. No structures will be erected
within the limits of this easement to include but not limited to buildings, walls, swimming
pools, ponds, fences and similar type structures. Any structures placed within easement
limits without the approval of the Grantee will be removed at the Grantor's expense.
4. No substantial landscape items will be installed within the limits of this easement to include
but not limited to trees, shrubs, landscape walls and similar type landscape material.
Limited groundcover landscaping will be subject to written approval by Grantee and any
landscape groundcover material previously approved by Grantee, and placed within
easement limits and subsequently removed due to Grantee's activity shall be replaced by
Grantee at Grantee's expense. Any landscape material placed within easement limits
without the approval of the Grantee will be removed at Grantor's expense.
5. Grantor reserves the right to require Grantee, at Grantor's expense, to remove and relocate
all improvements placed by Grantee upon said real property,upon determination by Grantor
that the same will interfere with future development of Grantor's property. Within 180 days
after Grantor's written notice and demand for removal and relocation of the improvements,
Grantee shall remove and relocate the improvements to a feasible location on the property of
Grantor, as designated by Grantor provided that Grantor shall grant Grantee with an
easement in such new location, on the same terms and conditions as herein stated, all
without cost to Grantee, and Grantee thereupon shall reconvey to Grantor the easement
herein granted.
6. Grantee agrees to use due care in any use of the easement herein granted and in the
construction, installation, repair, replacement and maintenance of Grantee's improvements
on the easement area as provided for herein so as not to unreasonably disturb Grantor's use
of its property.
2013-250
PROJECT NAME:Hospitality Court
APN:0281-361-25
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 Board of Water Commissioners of the City of San Bernardino, and Grantee consents to the
recordation thereof by its duly authorized officer.
CITY OF SAN BERNARDINO
By:
ity Clerk
Date: "2zL7 /,j
2013-250
PROJECT NAME:HOSPITALITY COURT
APN:0281-361-25
EXHIBIT "A"
LEGAL DESCRIPTION
WATER EASEMENT
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 17772, LOCATED IN THE
CITY OF SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 224 OF PARCEL
MAPS, PAGES 87 THROUGH 90, INCLUSIVE, RECORDS OF THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 4 AND POINT
ON A NON TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF
41.00 FEET WHOSE RADIAL BEARING IS NORTH 53°18'20" EAST;
THENCE SOUTHERLY ALONG SAID CURVE AND WEST LINE OF PARCEL 4,
THROUGH A CENTRAL ANGLE OF 80°42'48", AN ARC DISTANCE OF 57.76 FEET,
TO A POINT ON SAID WEST LINE OF PARCEL 4;
THENCE SOUTH 00°00'00"WEST ALONG SAID WEST LINE, A DISTANCE OF 12.51
FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OF A
NON-TANGENT CURVE, CONCAVE NORTHWESTERLY HAVING A RADIUS OF
50.50 FEET, WHOSE RADIAL BEARING IS SOUTH 35°43'17" EAST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
10°31'44",AN ARC DISTANCE OF 9.28 FEET;
THENCE SOUTH 56°59'07" EAST A DISTANCE OF 11.04 FEET, TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY HAVING
A RADIUS OF 61.38 FEET, WHOSE RADIAL BEARING IS SOUTH 48°10'09" EAST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
19°27'30",AN ARC DISTANCE OF 20.84 FEET, TO A POINT ON SAID WEST LINE
OF PARCEL 4;
THENCE NORTH 00°00'00" EAST ALONG SAID WEST LINE, A DISTANCE OF 12.83
FEET,TO THE POINT OF BEGINNING.
DESCRIPTION CONTAINS: 164.28 SQUARE FEET, MORE OR LESS.
SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS AND RIGHTS-OF-WAY, IF ANY.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
.`,�,LLAIyp
,*"01 L. Si4SGG
CARSON L. STO ER P.L.S. 3913 Io ,� 13 ctv
EXPIRATION DATE: JUNE 30, 2014 Ix xi U P.L.S. 3913 .271 DATE: �► 7/ /7,••► �\*,�, Exp.06/30/2014 *%
PAGE 1 OF 3 S
2013-250
SCALE: I"=80' �� �� SHEET 2 Of 3
PROJECT NAME: HOSPITALITY COURTYARD EXHIBIT A
A,P.N,#0281-361-25 PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR WATER EASEMENT.
OSpiIp'�'�T r_ „ LANE ..
�-H ' - `I 415'
r•
I APN 0281•361-23
i I
'
t
PARCEL 1 I
APR 2881-361-22
/ q * / #4°..0 C I R=5050'44"
4 4 %0 T=4.65'
�, Sw' L=9.28'
'le-
i 9' C2 R=619027130
T- 10.52
t N53°1 8'20"E L=20.84'I52
L. (w _
L 1 556°59'07'E I 1 .04'
P.O.C.-� T
1 L2 NOO°00'00"E I 2.53'
#I
535°43'17'E C I 548°1 0'09"E
LI
r.o.e. C,L2
• ti LEGEND
\' �/I EASEA WATER
PARCEL 4 CONTAINS: I G4 SQ. FT. ± L--J
PARCEL 3 I &PR o*sl-3si-l6
APR o21111-361•54 i
SURVEYOR �pNP�LAND
s
PREPARED UNDER THE SUPERVISION OF: i�5 nt%L. ST ..pi,
to .0
•
Ewre• °- P.L.S. 3913
Ewo.aoe,7+e.�m . i��li t \* Exp.0613012014 �'�
d a�eoaasso CARSON L. STORER D
�'�
Net a wa1015. associates,Inc. P.L.S. NO. 3913
REG. EXP. JUNE 30, 2014 I OF ' //
■
I 17206W-EASE I 125
2013-250
/
PROJECT NAME: I1O5PITAUTY COURTYARD SHEET 3 or 3
A.P.N.#0281-361-25 VICINITY MAP
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LOCATION MAP-PARCEL MAP NO. 17772 PMB 224/87-90
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9.--r.'17 I I
I CURVE DATA
' PMB 224!8 -7-90 i C I A 2 16°29'33'
/ I R=4 I.00
0 $ l= I54.92'
k ' PROPOSED '.'
h PARCEL I 4' EASEMENT 1 C4 A-9°1 6'20'
/ f PM NO. 17772 IN R- 9
S 00'00' OG• 54.76'
S 24.39 '
�' '45i.Tr 44•1s C5 A= 9°46'1 I'
,� a R= 956.30'
/ . Iw, .l y .. �# L- 163.06'
/# 4"/ PARCEL 1:::; PA EL '_
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HOSPITALITY
COUR T
2013-250
Recorded In Official Records,County of San Bernardino 8/23/2013
DENNIS DRAEGER 9:55 AM
RECORDING REQUESTED BY: y ASSESSOR — RECORDER — CLERK BN
City of San Bernardino P Counter
WHEN RECORDED MAIL TO: Doc#: 2013—0371580
TMI Hospitality,Inc. Titles: 1 Pages: 10
1201 Page Drive Fees 0.00
Fargo,ND 58103 Other 0.00
PAID $0.00
DOCUMENTARY TRANSFER TAX S' IS SPACE ABOVE THIS LINE FOR RECORDER'S USE ^' f^
Computed on the consideration or value of property conveyed;OR �e e ?e r GibVe r w r`1`}
Computed on the consideration or value less liens or encumbrances C o p" Sec.1--(0 Vt l,Y 1 03
remaining at time of sale.
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,
City of San Bernardino
hereby remise,release and forever quitclaims to
Hampton Inn and Suites H.I.S.of San Bernardino,Inc.,a California corporation
All right,title and interest in and to the Grant of Easement recorded on August 8,2008 as Document No.2008-0362909
of Official Records of the County of San Bernardino,California,a copy of which is attached hereto as Exhibit`1'and
made a part hereof, and the Grant of Easement recorded on February 27, 2013 as Document No. 2013-0084135 of
Official Records,of said County,a copy of which is attached hereto as Exhibit"2"and made a part hereof,within the
following described property:
PARCEL 4 OF PARCEL MAP NO. 17772, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT MAP RECORDED IN BOOK 224 OF PARCEL MAPS,
PAGES 87 TO 90 INCLUSIVE,IN THE OFFICIAL RECORDS OF SAID COUNTY.
Assessor's Parcel Number 0281-361-25
Dated /9l�051 2�, Z0,0 CITY OF SAN BERNARDINO
}
STATE OF CALIFORN } •
COUNTY OF.5q. , ///l wiifirso + • 9 .•■■•■`
Onp"007,40 /, .2‘11.," before me,
iG /1ii..��` ,a PA ' CK J.MORRI MAYOR
notary p 1iic,personalll appeared
Who proved to me on the basis of satisfactory evidence to be the
person( hose name(s.)-is/aee subscribed to the within instrument
and acknowledged to me that he/sleefhajr executed the same in 1buluilSuIIiERMAlt1.MONTOYA
his/berfthoir authorized capacity(ias), and that by his/luwAtteir Y>,� Commission i 1985357
signatures on the instrument the person(e)'or the entity upon • , Notary Public•California
behalf of which the person/4 acted,executed the instrument. i�I o County
I certify under PENALTY OF PERJURY under the laws of the _ _ Comttt.EaVka Aug 2 7016
State of California that the foregoing paragraph is true and correct.
WITNESS my h and ctal seal.
Signature
MAIL TAX STATEMENTS TO:SAME AS ABOVE
•
2013-250
EXHIBIT "1 " _ _
r A..ora.a to oa�.t R..e'' �w of s Iu.da 11 1 •
1e�
RECORDING REQUESTED BY =° LARRY WALKER MP
AND AaiI MOrb
— Rr
WHEN RECORDED MAIL TO: •- -±-}
Stacey Akteadt,General Manager P 1',atllltaf
� .-
M, 1 W Dees Dort: 2008-0362909 i" Pager e
roes Les
P.O.Boot 710 T,,,ei can
300 North D Street other •-•
Sat Bernardino,CA 92402 PAID N W
Project Nana:
Hospitality Courtyard NO FEE PER GOVERNMENT CODE SECTION 6103
APN:0261-361-25 SPACE ABOVE FOR RECORDER'S USE
GRANT OF EASEMENT
This Grant of Basement is enteral into by and between IB HOSPITALITY HOTELS LLC,,,,a_
California limited liability company, as to a seventy-five percent (75%) undivided interest, and
S.S.P. MOTEL CORP., a California corporation, as to a twenty-five percent (25%) undivided
interest,hereinafter collectively referred to as Grantor„and the City of San Beimagilirio,hereinafter
referral to as Grantee.
Grantor,in consideration of the mutual promises contained herein,and the public benefit provided,
hembv ig- - — and assigns, an easement to r oat" consteuct,
reconstruct, maintain, alter Wargo, inspect, . ' and rcclace . - , , $ . - .-< for the
. r, , , , i co i , .. ,, . . e8, stmctures .,. , Sam necessary or
thereto -that certain real . , , . •, 'bed and,A„own on Ex�ttxt Ate; -
and by this reference me a moo£ ��
THIS EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS AS SHOWN ON
EXHIBIT"B"ATTACHED AND MADE A PART HEREOF.
IB HOSPITALITY HOTELS LLC,a California limited liability company,as to a seventy-five
percent(75%)undivided interest,and S.S.P.MOTEL CORP.,a California corporation,as to a
twenty-five percent(25%)undivided interest
Dated: " Ii zoos
By: -! By: .►%�t�
Name: tr. tee,. cake,., Name: tt . c%. . Pam 1
Title: t"N24.•loar- T itle:
•
[signature(s)must be notarized]
2013-250
•
PRIM= 101M:
Hospitality Courtyards
o2a1-311-9s CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of •
/
Comity di
r ., , ,
i
O t k j//7 Z O d►P b e f o r e m e, A l f c a l J J A A Me do
Otos lame, r ,gc 4Ld
who proved to me on the basis of alhcoory evidence to be the au�whose . - subscribed to
the within . and - -. to me that mould the mane , - deed
and that by .• - on the Kimura des pump),or the entity upon behalf of °,
which pereo0)acted,executed the
I certify under PENALTY OF PERJURY under the laws of the State of Caiifor nia that the>ibregoiag paragraph
is true Mai correct.
• NMIOO J.M000ANI j
WITNESS .., band and official seal. _ em a
''111 aiwsaswosoeouITT
ra Coma s•bes Novi,sos
(Holy Sup
• •
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR OOMPLBTtNO THIS FORM
• esnpi mml a 0411bral.cant ma*wrY1N worst ae
DESG'R ON OF TM ATTACHED DOCUMENT mom dam*In des wary anewn o a w�erw , r/Mee.rut 1e
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M91 ref Amami b M ha nealirf awul4 of I ad imam wl►Amain
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eeaeaidom Mead*e mam a ma Meyaw dd.Wry pdn1
• Pam the mae(e)of demon dos(e)subs padardb epper a the lime of
netriddoa
CAPACITY CLAIMED BY THE SIGNER • Moms lin Min daadsr ar Pima Mae by amine eRbrMmet was(La
IoAvidual(a) bettballryris Imo)aeelm1bm dooms arm Mao teamity Iodate dis
(elomi_ae may lad us minded Gramma uncorks.
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• deamsiy amel ads Moan a the Apeldoorn
2001 Va lou CAPA v12.10.07$004734166 www3 ettlauMa oem
•
2013-250
Project Name:
Hospitality c_
APN:0281-361-25
Certificate of Acceptance
This is to certify that the interest in real property conveyed by the within instrument to the City of
. San Bernardino, California, a municipal corporation, is hereby accepted by order of the City
Council,and grantee consents to the recordation thereof by its duly authorized officer.
CITY OF SAN BERNARDINO
By; 4•
City Clerk
Date: 7, ietf
2013-250
State of California )
CALIFORNIA ALL-PURPOSE
County of 94ii gestica.D1 No ) CERTIFICATE OF ACKNOWLEDGMENT
On AUfetUST1 V OPi before me, bAAggit
(here insert name and tide•li l 0 fn•—o;ria i G,
personally appeared korttia, 6.C L/I'1L.iL
who proved to me on the basis of satisfactory evidence to be the person(e)whose name(s)Is/are subscribed to
the within Instrument and acknowledged to me that heishe/tl+ey executed the same In ilivheNtheir
authorized capacity(les),and that by hie/her/their signature(s)on the instrument the person(s)ror the entity
upon behalf of which the person(s)acted,executed the Instrument
I certify under PENALTY OF PERIURY under the laws of the
State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal MAYRA OCHIQUI
-wn COMM.111790419
-,;► NO YFuetlC-CaltjI
•
MY Comm Emile hammy 3,Eon
Signature 41 I rpir_.11� LS ( 0
OPTIONAL INFORMATION
Although the Information In this section Is not required by law,It could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document ar>eetiod of signs kblitikiltkIn
titled/for the purpose of LOAM" OV- ssAket lr Proved tD me on the bash of satisfactory evidence
I_0 forma)adtn oe O veneaded
&molt vicanyik. OF iACLAXIIPLVICE Notarial event Is detailed In notary Journal or
containing pages,and dated Page e Entry I
•
The signer(s)capacity or authority Ware as: Notary contact
D lrtewdual(s) other•
❑Allomay-infact 0 Additional Sane(*) ❑Signerbilbumbqkidd
❑corporate 0slompl 1w ❑
GwrdYrNCardeIVION
❑Fenner-umltedlGeneral
D Trussee(m
❑Other:
representing:
Nametddhm**air EnpgOnl Simms etptesal
eCappnaM7017 Naomi ae %ame352lWSt.Das MOYlr SO 017-20t] Pau KM.1WO) lbw-adsCOetOiiwr477kl40N amid usoat.Munn a hitp/ uasfas1Mu mw
2013-250
Project Name: SHEET 1 OF 3
Bombay Coo:tYani
APN:0281-361-25
EXHIBIT "A"
WATER EASEMENT
A STRIP OF LAND, 1500 FEET IN WIDTH, SITUATE IN A PORTION OF PARCEL 4 OF
PARCEL MAP NO. 17772 IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 224 PAGES 87
THROUGH 90 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS
FOLLOWS
COMMENCING AT A POINT ON THAT CERTAIN COURSE IN A WESTERLY UNE OF SAID
PARCEL 4,SHOWN AS HAVING A BEARING AND DISTANCE OF•SOUTH 00°00'OW EAST,
121.67 FEET'ON SAID PARCEL MAP NO. 17772 DISTANT THEREON NORTH 00°00'00'
WEST, 17.74 FEET MEASURED ALONG SAID WESTERLY UNE, FROM ITS SOUTHERLY
TERMINUS THEREOF;
THENCE NORTH 45° 00' 00' EAST, 31.11 FEET; THENCE PARALLEL WITH SAID
WESTERLY UNE, NORTH 00° 00' 00' WEST, 71.06 FEET; THENCE NORTH 55° 15' 24'
WEST, 4.23 FEET; THENCE AT RIGHT ANGLES NORTH 34°44'36'EAST, 3.00 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE NORTH 55°15'24'WEST, 10.00 FEET TO A POINT ON A CURVED LINE WITH A
RADIUS OF 5050 FEET, CONCAVE NORTHWESTERLY AND BEING PARALLEL AND
CONCENTRIC IITN THAT CERTAIN CURVE IN THE WESTERLY LINE OF SAID PARCEL 4,
SHOWN AS HAVING A RADIUS OF 41.00 FEET AND A LENGTH OF 57.78 FEET ON SAID
PARCEL MAP NO. 17772 SAID POINT BEING THE END POINT OF THIS DESCRIPTION.
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED TO
TERMINATE NORTHWESTERLY IN SAID CURVED LINE.
CONTAINING:183 SQUARE FEET OR 0004 ACRES MORE OR LESS.
SUBJECT TO:COVENANTS, CONDITIONS,RESRICTIONS,RESERVATIONS,EASEMENTS
AND RIGHTS-OF-WAY,IF ANY.
0 SCRIPTION WAS PREP - BY ME OR UNDER MY DIRECTION.
fr
itireA %�o DATE �,. T
L THIENES
P. S No.5750 ■
REG.EXP. 12/91/09 NO, 5750 flts
t DP1 /09
Lit
saMIVIa oc OF C
Last upwe:071101)8
•
2013-250
I
PROJECT Jame EXHIBIT' 'A' SHEET 2 of 3
A ,—X1—rs
♦ A.!
>- ORANGE SHOW RO ,/4,4
W 7\e,, i SAN BERNmuNg
/ ♦%' f . AWENIJE
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2013-250
f
PfiWECT MIA: EXHIBIT 'A• SHEET 3 OF 3
AP1-561-23
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SCALE: 1".250.
f ir
. HOST NORTHERLY/
sot CORNER PARCEL 4\ I / SEE DETAIL "A"
/ , -�r 1
r,Wvr TA&
CURVE Ti16�. •
� Ala DISTANCE REARM
NA DELTA RAMS WINN T1 121.67' N 00100170» W
C1 07441l6' 41.00' ?7.76' TJ 71.06' N AD'DDW W
C2 83'7D S25O' 73,42' T4 4.23' N 531514' w
73 100' N 34'4476"E
7is ta00' N 551514' W
77 50.10' N 53.1314' w
LEGENR SCALE:1%1100'
. i A A173 NNW £1S E?1 ,.57/RI�Y • LAie
MAN.J &ANEW& /7633 S�1/R�,�n I 0004 ACRES I J- 7, • 1- Mr - -J• ,.`• On
• , • ' .• ` *toot.. /fs.
Na. 5730
ili dK ENEIOlal� !_' ice!, • 7� 0.P of 1/1M
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�7GIIE L. --`"- 1r •!
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1 �► 171 S Na 5750
OF C
REG. EXP. DEC. 31. 20090
2013-250
' I
Pita*Name:
• APN:02s1-361-25
EXHIBIT"B"
CONDITIONS
1. Grantee hereby agrees to save and hold harmless Grantor and its officers or employees from
all sums which Grantor or any of its officers or employees may be obligated to pay by
reason of any liability imposed on them for damages arising out of the performance of the
services rendered by Grantee and caused by any error, omission or act of Grantee or any
person employed by him or her or any others for whose acts Grantee is legally liable. Said
sums shall include, in the event of legal action, court costs, expenses of litigation and
reasonable attorney's fees.
2. Grantor hereby agrees to save and hold harmless Grantee and its departments, agencies,
officers or employees from all sums which Grantee or any of its departments, agencies,
officers,or employees may be obligated to pay by reason of any liability imposed on them
for damages arising out of the performance of the services rendered by Grantor and caused
by any error,omission or act of Grantor or any person employed by him or her or any others
for whose acts Grantor is legally liable. Said sums shall include,in the event of legal action,
court costs,expenses of litigation and reasonable attorney's fees.
3. Grantor reserves the right to use said real property in any manner,provided such use does
not unreasonably interfere with Grantee's rights hereunder. No structures will be erected
within the limits of this easement to include but not limited to buildings,walls, swimming
pools, ponds, fences and similar type structures. Any structures placed within easement
limits without the approval of the Grantee will be removed at the Grantor's expense.
4. No substantial landscape items will be installed within the limits of this easement to include
but not limited to trees, shrubs, landscape walls and similar type landscape material.
Limited groumdcover landscaping will be subject to written approval by Grantee and any
landscape grosmdcover material previously approved by Grantee, and placed within
easement limits and subsequently removed due to Grantee's activity shall be replaced by
Grantee at Grantee's expense. Any landscape material placed within easement limits
without the approval of the Grantee will be removed at Grantor's expense.
5. Grantor reserves the right to require Grantee, at Grantor's expense,to remove and relocate
all improvements placed by Grantee upon said real property,upon determination by Grantor
that the same will interfere with future development of Grantor's property. Within 180 days
after Grantor's written notice and demand for removal and relocation of the improvements,
Grantee shall remove and relocate the improvements to a feasible location on the property of
Granter, as designated by Grantor provided that Grantor shall grant Grantee with an
easement in such new location, on the same terms and conditions as herein stated, all
without cost to Grantee, and Grantee thereupon shall reconvey to Grantor the easement
herein granted.
6. Grantee agrees to use due care in any use of the easement herein granted and in the
Win, installation, repair, replacement and maintenance of Grantee's improvements
on the easement area as provided for herein so as not to unreasonably disturb Grantor's use
of its property. In the event Grantee disturbs the property in connection with this easement,
Grantee agrees to restore the property to the condition in which it was found.
2013-250
Recorded Is O1aolM Record.,OouNN eI San BKevao 2127/2013
EXHIBIT ��2 DENNIS DRAEGER NP 6 AM
to, --.,..4441 ASSESSOR - RECORDER - CLERK
P Counter
RECORDING REQUESTED BY Doc#:. 2013-0084135 UM: 1 Pages: 7
AND 544(ncy F«es■ 0.N
WHEN RECORDED MAIL TO: Te 9.09
Stacey Aldatadt,General Manager Other e.00
City of San Bernardino PAID $0.00
Municipal Water Department
P.O.Box 710
300 North D Street
San Bernardino,CA 92402
APN:0281-361-25
Hospitality Court
NO FEE PER GOVERNMENT CODE SECTION 6103
SPACE ABOVE FOR RECORDER'S USE
---. GRANT OF EASEMENT
This Grant of Easement is entered into by and between H.LS. of San Bernardino, Inc., a
North Dakota corporation, hereinafter collectively referred to as Grantor, and the City of San
Bernardino,hereinafter referred to as Grantee.
Grantor in consideration of the mutual promises contained herein, and the public benefit provided,
hereby grants 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, or across that certain real property described and shown on Exhibit
"A",attached hereto and by this reference made a part hereof.
THIS EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS AS SHOWN ON
EXHIBIT "B"ATTACHED AND MADE A PART HEREOF.
Date. / I. .i.!.r,
H.L.S.of San Be rdino.Inc..
aN's.,. aakota ra'on
By
Prin 'ame: Lori Kasowski
Print Title: Secretary
MAIL TAX STATEMENTS AS DIRECTSD AWE
2013-250
STATE OF NORTH DAKOTA )
)SS.
COUNTY OF CASS )
On this ol4t'K day of January 2013, before me personally came the above named Lori Kasowski, to
me personally known,who being duly sworn did and each for herself say that she is the Secretary for
said corporation and that said instrument was signed on behalf of said corporation by its Secretary and
acknowledges said instrument to be the free act and deed of said «' v s ration.
JARED SSCHI INGER 1��I ` Notary Public
NokilY Pubic
Cass .'ounty,No +mss akota
camm tor;nt°r'►' Dec i t,2013 ► II,.1013
My commission expires: C.•nrj1 s
2013-250
PROJECT NAME:Hospitality Court
APN:0281-361-25
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 Board of Water Commissioners of the City of San Bernardino,and Grantee consents to the
recordation thereof by its duly authorized officer.
CITY OF SAN BERNARDINO
By: 1/4„.. .e...0-14e.Afec---- 44-A--
42ity Clerk
Date: c2/20//3/.,3
2013-250
PROJECT NAME:HOSPITALITY COURT
APN:0281-361-26
EXHIBIT"A"
LEGAL DESCRIPTION
WATER EASEMENT
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 17772, LOCATED IN THE
CITY OF SAN BERNARDINO,AS PER PLAT RECORDED IN BOOK 224 OF PARCEL
MAPS, PAGES 87 THROUGH 90, INCLUSIVE, RECORDS OF THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 4 AND POINT
ON A NON TANGENT CURVE,CONCAVE WESTERLY AND HAVING A RADIUS OF
41.00 FEET WHOSE RADIAL BEARING IS NORTH 53°18'20"EAST;
THENCE SOUTHERLY ALONG SAID CURVE AND WEST LINE OF PARCEL 4,
THROUGH A CENTRAL ANGLE OF 80°42'48", AN ARC DISTANCE OF 57.76 FEET,
TO A POINT ON SAID WEST LINE OF PARCEL 4;
THENCE SOUTH 00°00'00"WEST ALONG SAID WEST LINE,A DISTANCE OF 12.51
FEET TO THE POINT OF BEGINNING,SAID POINT BEING THE BEGINNING OF A
NON-TANGENT CURVE,CONCAVE NORTHWESTERLY HAVING A RADIUS OF
50.50 FEET,WHOSE RADIAL BEARING IS SOUTH 35°43'17"EAST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
10°31'44",AN ARC DISTANCE OF 9.28 FEET;
THENCE SOUTH 56°59'07" EAST A DISTANCE OF 11.04 FEET,TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY HAVING
A RADIUS OF 61.38 FEET, WHOSE RADIAL BEARING IS SOUTH 48°10'09"EAST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
19°27'30",AN ARC DISTANCE OF 20.84 FEET, TO A POINT ON SAID WEST LINE
OF PARCEL 4;
THENCE NORTH 00°00'00" EAST ALONG SAID WEST LINE,A DISTANCE OF 12.83
FEET,TO THE POINT OF BEGINNING.
DESCRIPTION CONTAINS: 164.28 SQUARE FEET,MORE OR LESS.
SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS AND RIGHTS-OF-WAY, IF ANY.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
ON— ist
cP
CARSON L. STO ER P.L.S. 3913-14
0 Ai. 4- 11
EXPIRATION DATE:JUNE 30, 2014 a P.L.S. 3913 A
DATE: /Z/77/2O iL. * Exp.06/3012014 *
PAGE 1OF3 4 !
1 4:orr
. 2013-250
•
SCALE: 1'1=80' EXHIBIT "A „ SET 203
PROJECT NAME: HOSPITALITY COURTYARD
A.P.N.+ 0281-361-25 PLAT TO ACCOMPANY LEGAL DESCRIPTION.
FOR WATER EASEMENT,
1
/a1"Y_ LANE
I
r- i
I
i I Ipuam■2
i AWN OIIIIa2-a01.la
i
:
mama I
APR 01101.101-lR
/ 4 • // 1.0;.•4) Cl 6.•10°31'441 0
• ,4
ti % f~A, L=91I.2 '
.; 40° / • C2 T=610O52:30"
11.1.
L. N53°18'20 L=20.84
(R)
L I 556°59'07'E 11.04'
P.O.C.--- ---------- ---1 12 No0 00'oo"E 12.83'
535°43'17"E C I i L.
—. 548°10'09'.
••-�• (R) ... y LS''^ (R)
•,-,. /P.o.a. oq► LEGEND
'�,,�' L2 INDICATES A WATER
.../ r---1
EASEMENT
rI•Oib 4 CONTAINS: 164 SQ. FT. ± L—_J
PALIVOa a a I u.0!114111°!6
APR 0181-101414 i
—-1
SURVEYOR �p °sG
UNDER THE SUPERVISION OP:O pN L.ST. %.,•6
r -
PRfPAREO
°w�a�aae� 141?1/ 0- P.L.S. 3913
f �I2*flW ATE 0 *' Exp.0813012014 �►'
t�tE�+ CARSON L. STORER D yr
w/raattt>a7 P.L.S. NO. 3913 s ti:'
REG. EXP.JUNE 30, 20 I 4
I 17206W-EASE I 128
2013-250
•
PROJECT NAME:11OSPITAUlY COURTYARD
MI=sor3
A.P.N./0281-36I-25 V1CjNI'TY MAP
NTS
remos I
ow n I .
,/ a,- 4 •rr , wear
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- naafi 1
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1 i, 6:,, 1111046:4" . M . ___......7....„,.....:,....--1
$, pant n 1 a I
,aa' a:I
LOCATION MAP-PARCEL MAP NO. 17772 PM') 224/87-90
NTS
l L- .__._------------__
LANE
....,IXO.S..r91C.r° --la"'----II - —I- ""-------
,
/ CURVE DATA•
./. PAC
/ 7409i CI 216.2933'
K.41.00
ry ,
L- 154.92'
/cf/'PM NO. EASEMENT � C4 R-956.E
P ; 1- I54.7G
s e/ , C5 s-9•4VI I'
s R-956.30
% f4litigtit •r rfE �- 163.06'
i/ PARCEL 3 4 I 7
wpm i
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L.I.s w aoav
VV
� � Mme"
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i_ii&
HOSPITALITY COURT
IV ■11111M110.1"M11.11111.11."
2013-250
PROJECT NAME:Hospitality Court
APN:0281-361-25
EXHIBIT"B"
CONDITIONS
1. Grantee hereby agrees to save and hold harmless Grantor and its officers or employees front
all sums which Grantor or any of its officers or employees may be obligated to pay by
reason of any liability imposed on them for damages arising out of the performance of the
services rendered by Grantee and caused by any error, omission or act of Grantee or any
person employed by him or her or any others for whose acts Grantee is legally liable. Said
sums shall include, in the event of legal action, court costs, expenses of litigation and
reasonable attorney's fees.
2. Grantor hereby agrees to save and hold harmless Grantee and its departments, agencies,
officers or employees from all sums which Grantee or any of its departments, agencies,
officers,or employees may be obligated to pay by reason of any liability imposed on them
for damages arising out of the performance of the services rendered by Grantor and caused
by any error,omission or act of Grantor or any person employed by hint or her or any others
for whose acts Grantor is legally liable. Said sums shall include,in the event of legal action,
court costs,expenses of litigation and reasonable attorney's fees.
3. Grantor reserves the right to use said real property in any manner,provided such use does
not unreasonably interfere with Grantee's rights hereunder. No structures will be erected
within the limits of this easement to include but not limited to buildings, walls,swimming
pools, ponds, fences and similar type structures. Any structures placed within easement
limits without the approval of the Grantee will be removed at the Grantor's expense.
4. No substantial landscape items will be installed within the limits of this easement to include
but not limited to trees, shrubs, landscape walls and similar type landscape material.
Limited groundcover landscaping will be subject to written approval by Grantee and any
landscape groundcover material previously approved by Grantee, and placed within
easement limits and subsequently removed due to Grantee's activity shall be replaced by
Grantee at Grantee's expense. Any landscape material placed within easement limits
without the approval of the Grantee will be removed at Grantor's expense.
5. Grantor reserves the right to require Grantee, at Grantor's expense,to remove and relocate
all improvements placed by Grantee upon said real property,upon determination by Grantor
that the same will interfere with future development of Grantor's property. Within 180 days
after Grantor's written notice and demand for removal and relocation of the improvements,
Grantee shall remove and relocate the improvements to a feasible location on the property of
Grantor, as designated by Grantor provided that Grantor shall grant Grantee with an
easement in such new location, on the same terms and conditions as herein stated, all
without cost to Grantee, and Grantee thereupon shall reconvey to Grantor the easement
herein granted.
6. Grantee agrees to use due care in any use of the easement herein granted and in the
construction, installation, repair, replacement and maintenance of Grantee's improvements
on the easement area as provided for herein so as not to unreasonably disturb Grantor's use
of its property.