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HomeMy WebLinkAbout2014-360 RESOLUTION NO. 2014-360 1 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 4 OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A QUITCLAIM DEED TO GEORGE CARSON LLC, FOR AN EXISTING FIRE 5 LANE EASEMENT, LOCATED ON PRIVATE PROPERTY NORTH OF CENTRAL AVENUE, EAST OF TIPPECANOE AVENUE. 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and 9 10 directed to execute on behalf of the City, a quitclaim deed to George Carson LLC, a 11 California Limited Liability Company, for an existing Fire Lane Easement located within 12 private property north of Central Avenue, east of Tippecanoe Avenue, more specifically 13 described in said quitclaim deed, a copy of which is attached hereto as Attachment "1" and 14 made a part hereof. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A QUITCLAIM DEED TO GEORGE CARSON LLC, FOR AN EXISTING FIRE LANE 3 EASEMENT, LOCATED ON PRIVATE PROPERTY NORTH OF CENTRAL 4 AVENUE, EAST OF TIPPECANOE AVENUE. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on 7 the 6th day of October, 2014, by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ X 11 BARRIOS X 12 VALDIVIA X 13 14 SHORETT X 15 NICKEL X 16 JOHNSON X 17 MULVIHILL X 18 19 20 �rgeann fianna, Crt erk 21 The foregoing resolution is hereby approved this day of October, 2 4. 22 23 R. CAREY OAVIS, Mayor 24 City of San Bernardino 25 Approved as to form: GARY D. SAENZ, City Attorney 26 27 By. \ 28 1 2 3 ATTACHMENT "1" 4 -Quitclaim Deed- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2014-360 RECORDING REQUESTED BY CITY OF SAN BERNARDINO AND WHEN RECORDED MAIL DOCUMENT TO: CITY OF SAN BERNARDINO CITY CLERK 300 NORTH"D"STREET SAN BERNARDINO,CA 92418 FEE EXEMPT PURSUANT TO GOV.CODE SECTION 27383 APN: 0136-361-40 SPACE ABOVE FOR RECORDER'S USE QUITCLAIM DEED THE UNDERSIGNED GRANTOR(S)DECLARE(S):THAT DOCUMENTARY TRANSFER TAX IS$ 0.00 •Unincorporated area 0 City of San Bernardino • Computed on full value of the interest property conveyed,or is • Computed on full value less the value of liens and encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN BERNARDINO, a municipal corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to GEORGE CARSON LLC, a California Limited Liability Company, all rights and interests acquired as set forth in that Fire Lane Easement located in the City of San Bernardino, County of San Bernardino, State of California, recorded October 3, 2012, as Document No. 2012-0410988, Official Records of said County, and more particularly described as follows: ATTACHED HERETO AS EXHIBIT 111" AND MADE A PART HEREOF IS THE FIRE LANE EASEMENT RECORDED ON OCTOBER 3, 2012, AS DOCUMENT NO. 2012-0410988. CITY OF SAN BERN INO DATE: 1&113A0191' R. CARE DAMS, Mayor ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA / COUNTY OF 1 5q"7 �C//I���'�d } S.S. On Al 71,-02 ,- J/ -2��7 before me, Y�/�rii m/�✓dN� , Notary Public,personally appeared i` d/3 who proved to me on the basis of satisfactory evidenc o be the person(e�-whose name(se is/ax-subscribed to the within instrument and acknowledged to me that he/sk6thef executed the same in his/hw tlwiT authorized capacity(i*sl, and that by his/4w their signature(a)-on the instrument the person(*fl or the entity on behalf of which the person(,e f acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL: VALERIE R.MONTOYA Commission# 1985357 Notary Public-California z San Bernardino County Signature My Comm.Expires Aug 2,2016 2014-360 'RECORDING REQUESTED BY a 10/21/2014 CITY OF SAN BERNARDINO ;` viii�UIectronically Recorded in Official Records,County of San Bernardino 09:22 AM AND WHEN RECORDED MAIL DOCUMENT TO: DENNIS DRAEGER SAN M0. \T O VAS M Nov -3 Pty ASSESSOR-RECORDER-CLERK CITY OF SAN BERNARDINO 688 Fidelity National Title MA CITY CLERK 300 NORTH"D"STREET SAN BERNARDINO,CA 92418 Doc#: 2014-0393136 Titles: 1 Pages: 11 Fees .00 FEE EXEMPT PURSUANT TO Taxes .00 GOV.CODE SECTION 27383 Other o0 PAID .00 APN:0136-361-40 AC400 1 QUITCLAIM DEED THE UNDERSIGNED GRANTOR(S)DECLARE(S):THAT DOCUMENTARY TRANSFER TAX IS S 000 ❑Unincorporated area ®City of San Bernardino ❑Computed on full value of the interest property conveyed,or is ❑Computed on full value less the value of liens and encumbrances remaining at time of sale,and SAN FOR A VALUABLE CONSIDERATION, receipt is hereby acknowledged, AND FOREVER QUITO AIM to BERNARDINO, a municipal corporation, does hereby GEORGE CARSON LLC, a California Limited Liability Company, all o�Sand ern interests State d California in that Fire Lane Easement located in the City of San Bernardino, County recorded October 3, 2012, as Document No. 2012-0410988, Official Records of said County, and more particularly described as follows: ATTACHED HERETO AS EXHIBIT "1" AND MMENT N0.2012--041 gg F IS THE FIRE LANE EASEMENT RECORDED ON OCTOBER 3,2012,AS DO U CITY OF SAN BERN INO DATE. . Mayor R. CARE DAVIS, ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA Sn Ql/��/ I S.S. COUNTY OF_ T �/ /[ !/! 1 before me, d �rii. �/�✓i'H� , Notary On r Public,personally appeared and who proved to me on the basis of satisfactory evidenc o be the person(a)-whose p m is/aresubscribed to the within instrument the acknowledged to me that he/skVdwgexecuted the same in his/haefthe�tP authorized ca aci W, and that by his/b� i instrument the personW,or the entity on behalf of which the personWacted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and con act. WITNESS my hand and official seal. SEAL: VALERIE R.MC N70YA OCOM Nsolon s 1966367 Notary PuMle-CslNsrnis Son Ssmardino County MYCOMM.Ex Ins Aue 2,2016 Signature Mail Tax Statement As Directed Above 2014-360 RECORDING REQUESTED BY CITY OF SAN BERNARDINO AND WHEN RECORDED MAIL DOCUMENT TO: tAuj\CcT1c-cs Y5 CITY OF SAN BERNARDINO CITY CLERK 300 NORTH"D"STREET SAN BERNARDINO,CA 92418 FEE EXEMPT PURSUANT TO GOV.CODE SECTION 27383 APN: 0136-361-40 l:C,c�i✓1 9� QUITCLAIM DEED THE UNDERSIGNED GRANTOR(S)DECLARE(S):THAT DOCUMENTARY TRANSFER TAX IS$ 0.00 ❑Unincorporated area El City of San Bernardino ❑Computed on full value of the interest property conveyed,or is ❑ Computed on full value less the value of liens and encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN BERNARDINO, a municipal corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to GEORGE CARSON LLC, a California Limited Liability Company, all rights and interests acquired as set forth in that Fire Lane Easement located in the City of San Bernardino, County of San Bernardino, State of California, recorded October 3, 2012, as Document No. 2012-0410988, Official Records of said County, and more particularly described as follows: ATTACHED HERETO AS EXHIBIT "1" AND MADE A PART HEREOF IS THE FIRE LANE EASEMENT RECORDED ON OCTOBER 3, 2012,AS DOCUMENT NO. 2012-0410988. CITY OF SAN BERN INO /b 3 a o lell . DATE. J R. CARE DAVIS,Mayor ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA COUNTY OF S� �C//J�/� } S.S. On �TdO / ,� ZD/� before me, Y�/`rov /P ®�i'7,dy� , Notary Public,personally appeared o" who proved to me on the basis of satisfactory evidence--(o be the person(sj-whose name(e is/ar,—subscribed to the within instrument and acknowledged to me that he/sWthw�'executed the same in hisl1wetheir authorized capacity(iesl, and that by his/hw their signature(4-on the instrument the person(,;or the entity on behalf of which the person(-acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL: VALERIE R.MONTOYA K"W Commission* 1985357 Notary Public-California z Z fx' San Bernardino County Signature My Comm.Ex Tres Au 2,2016 snail Tax Statement As Directed Above 2014-360 EXHIBIT "1" -Fire Lane Easement- -SEE ATTACHED- 2014-360 Recorded in Official Records,County of San 8urnardino 1010312012 RECORDING REQUESTED BY tENNIS Q[1Q�L7C:11 `151 PM CITY(IF'SAN ELRNA1tI�IN(:) R ASSESSOR — RECORQER — CLERK t2,4At4l AND WHEN RECORDED MAIL DOCUMENT TO: P Counter C'I'TY 01,SAM BERNARDINC} Tiitex 1 Rage s: 9 CI°l"Y CLERK Doc#a 2012—0410988 s: :400 NORTH"D' S`I RFEJ` Fees e.ee SAN BERNARDINO , CA 92418 � � � � Taxes 0.e,3 i or $7.0,00 yRic APN:0136-361-30& 313 SPACE ABOVE FOR RECORDER'S USE FEE EXEN171'PURSIJANT TO (;()V.CODE SECTION 27383 FIRE LANE EASEMENT FOR VALUABLE CONSMERATION, receipt of which is hereby acknowledged, HW SC)tJTIIGATE, LP, a California limited liability company("Grtlntor"), hereby GRANTS to the CI'T'Y UE SAN BE,RNARDINO, a municipal corporation (the "Grantee''), A NON- EXCLUSIVE EASEMENT SOLELY FOR EMERGENCY VEJAICLF,ACCESS (the "Eire Lane Easement") IN, OVER., AND ACROSS the portion of the real property of Grantor located in the City of San Bernardino, County of San Bernardino, State of California, more particularly described in Exhibit "B" and depicted in Exhibit "C", both attached hereto and made a part of. The Easement is appurtenant to and runs with the real property owned by Grantor described in Exhibit "A" (the "Parcel(s)"). The Easement is for the benefit of Grantee, Granter and their respective successors and assigns. The Easement, is subject to all matters of record in the Official Records of San Bernardino County, California that affect the Parccl(s). Any mortgage or lien affecting any portion of the Parcel(s) shall at all times be subject and subordinate to the Easement and the terms of this Fire Lame Easement, and any person or entity acquiring title to all or any portion of the Parcels) through a foreclosure proceeding or by a deed in lieu of foreclosure shall acquire title thereto subject to the Easement and the terms of this Eire Lane Easement. This Firs; Lane Easement may be amended only by a document executed by Grantor and Grantee as of the date of such amendment that is recorded in the Official Records of San Bernardino County, California. No emttils or other electronic cornrnunications shall be effective as an amendment to this Fire Lane Easement. This Fire Lane Easement contains the entire agreement between the parties relating to the rights granted hereunder, shall be governed by the laws of the State of California and is purforniable in San Bernardino County, California. This Fire Lane Easement may be executed in separate counterparts, without the necessity of each party having to sign the sane counterpart. 3PMorgan Chase Bank, N.A. ("Lgq&r") has executed a written subordination of its lien on the real property owned by Grantor securing certain indebtedness of Grantor to Lender to the Easement and this Fire Lane Easement, which subordination is attached hereto as Exhibit "D". TO HAVE AND TO HOLD the above-described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging, unto the Grantee, and its successors and permitted assigns, forever. 2014-360 EXECUTED to be effective as of the date first written above. HW SOUTHGATE,L.P., a California limited partnership By: urc Phase 11, Ll-C, a Delaware limited liabiljtySorqRny its gener I partner j John A Migness Title: Senior Vice President STATE OF I COUNTY OF obry) P;Op� On 2012, bel'ore itie, Notary Public, personally appeared who proved to me on the I)asis ofsatisi'actoi-v evidence to be the p6r4on(-,-r) whose name( }is/am subscribed to the within instrument and acknowledged to me that he/ohelthey, executed the same in hisilwfitheif authorized capacity(jes), and that by hisAwalheoir signature(*) on the instrument the person(4), or the entity upon behalf of which the person(-,%I 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 seat, la� 0 Lei N60yrAk- my ON x, i-/k f- 4, Signature My Commission Expires: lob;z-(Lh 17-L) This area for qfficial notarial seal Notary Name Notary Phone: Notary Registration County of Principal Place of Number 1-1,12-_7 Bvsiness:-"-�, ,V) �)t7fo"A,i,C 2014-360 ACCEPTANCE: This is to certify that the interest in the 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: Location: N-of Central Ave, E-of Tippecanoe Ave- Southgate File No.: 15.02-1575 2014-360 EXHIBIT "A" Parcel A: Parcels 1 of Parcel Map No. 17887, in the City of San Bernardino, County of San Bernardino, State of California, as Per Map Filed in Book 237, Pages 66 through 73 inclusive of Parcel Maps, in the office of the County Recorder of said County. Parcel B: LOT "A" IN THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT RECORDED JULY 17, 2012 AS INSTRUMENT NO. 2QI24286107 OF OFFICIAL RECORDS SAN BERNARDINO COUNTY,CA LIFORNIA. 2014-360 EXHIBIT"B" SHEET 1 OF 2 Fire Lane Easement Description LEGAL Q SC'RIPTION A STRIP OF LAND 20.00 FEET IN WIDTH, SITUATED W PORTIONS OF LOTS A"AND "B"OF LOT LINE ADJUSTMENT NO. LLA 2092-005, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RECORDED JULY 17, 2012 AS DOCUMENT NO. 2012-0288907, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, A PORTION OF LOT"B"OF LOT LINE ADJUSTMENT NO. LLA 11-02, RECORDED NOVEMBER 2, 2091 AS DOCUMENT NO. 2011-0456918 OF SAID OFFICIAL RECORDS AND A PORTION OF PARCEL 1 OF, AS PER PARCEL MAPS, INITHE OFFICE OF SAID COUNTY RECORDER,ETHE CENTERLINE OFCSAID STRIP DESCRIBED AS FOLLOWS; BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF SAID LOT"B"(LLA NO. 11-02) WITH A LINE PARALLEL WITH AND DISTANT 93.50 FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES FROM THAT CERTAIN'NORTHWESTERLY LINE OF SAID LOT"B"(LLA NO. 11-02) SHOWN AS HAVING A BEARING AND A DISTANCE OF"NORTH 690 59'55"EAST, 1002,68 FEET"ON SAID LOT LINE ADJUSTMENT NO. 11-02; THENCE ALONG SAID PARALLEL LINE, SOUTH 690 59'55"WEST, 9750.00 FEET, THENCE SOUTH 550 20'34" WEST, 122.48 FEET TO THE INTERSECTION OF THE NORTHEASTERLY LINE OF SAID LOT "B" (LLA 2012-005) WITH A LINE PARALLEL WITH AND DISTANT 78.00 FEET SOUTHEASTERLY, MEASURED? AT RIGHT ANGLES FROM THAT CERTAIN NORTHWESTERLY LINE OF SAID LOT"B"(LLA 2092-005) SHOWN AS HAVING A BEARING AND A DISTANCE OF "SOUTH 69°55' 54"WEST, 472.10 FEET"ON SAID LOT LINE ADJUSTMENT NO. 2012-005; THENCE ALONG' LAST SAID PARALLEL LINE,. SOUTH 690 55' 54" WEST, 1353.96 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 32.00 FEET THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 900 04' 02"AN ARC LENGTH OF 50.30 FEET; THENCE TANGENT TO SAID CURVE, NORTH 200 00'04"WEST, 7.00 FEET T4 THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 32.00 FEET,' THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00"AN ARC LENGTH OF 50.27 FEET,' THENCE TANGENT TO SAID CURVE, SOUTH 69°59'56"WEST, 12.81 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 43.00 FEET,' THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19° 39' 02"AN ARC LENGTH OF 14.75 FEET THENCE TANGENT TO SAID CURVE, SOUTH 890 38' 58" WEST, 97.05 FEET TO A LINE PARALLEL. WITH AND DISTANT 2000 FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES FROM THAT DISTANCE OF"NORTH 70°00'OO1EA OF T, SAID LOT FEET"ON SAIDLOT LINE HAVING A BEARING AND A NO 2012-005,' 2014-360 EXHIBIT "B" Fire Lane Easement Description SHEET 2 OF 2 FIRELANE EASEMENT LEGAL D€SCRIP77ON THENCE ALONG LAST SAID PARALLEL LINE AND ITS NORTHEASTERLY PROLONGATION, SOUTH 700 00' 00" WEST, 362.74 FEET TO A LINE PARALLEL WITH AND DISTANT 20,00 FEET SOUTHEASTERLY; MEASURED AT RIGHT ANGLES FROM THAT CERTAIN NORTHWESTERLY LINE OF SAID LOT A" SHOWN AS HAVING A BEARING AND A DISTANCE OF "NORTH 610 28' 03-EAST, 196.91 FEET"'ON SAID LOT LINE ADJUSTMENT NO. 2012-005; THENCE ALONG LAST SAID PARALLEL LINE AND ITS SOUTHWESTERLY PROLONGATION, SOUTH 610 28' 03" WEST, 655.10 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 92.01 FEET AND BEING CONCENTRIC WITH AND DISTANT 10.00 FEET EASTERLY, MEASURED RADIALLY FROM THAT CERTAIN CURVE IN THE WESTERLY LINE O SAID PARCEL 1 SHOWN AS HAVING A RADIUS OF 82.01 FEET AND A LENGTH OF 66.02 FEET ON SAID PARCEL MAP, A RADIAL LINE TO SAID BEGINNING OF NON-TANGENT CURVE BEARS NORTH 610 38'14"EAST; THENCE SOUTHERLY ALONG SAID NON-TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 320 02' 11' AN ARC LENGTH OF 51.44 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 18.00 FEET AND BEING CONCENTRIC WITH AND DISTANT 10.00 FEET EASTERLY, MEASURED RADIALLY FROM THAT CERTAIN CURVE IN THE WESTERLY LINE OF SAID PARCEL 1 SHOWN AS HAVING A RADIUS OF 28.00 FEET AND A LENGTH OF 22.87 FEET ON SAID PARCEL MAP, A RADIAL LINE TO SAID BEGINNING OF TANGENT REVERSE CURVE BEARS NORTH 861119'35"WEST; THENCE SOUTHERLY ALONG SAID TANGENT REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 460 47'42"AN ARC LENGTH OF 14.70 FEET, THENCE TANGENT TO SAID CURVE, SOUTH 430 07' 17" EAST, 9.25 FEET TO A POINT ON THE NORTHERLY LINE OF CENTRAL AVENUE (44.00 FEET HALF WIDTH) AS SHOWN ON SAID PARCEL MAP, SAID POINT BEING THE END POINT OF THIS DESCRIPTION. THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED TO TERMINATE EASTERLY IN SAID EASTERLY LINE OF LOT "B" (LLA NO, 11-02) AND TERMINATE SOUTHERLY IN SAID NORTHERLY LINE OF CENTRAL AVENUE.. CONTAINING:91,041 SQUARE FEET OR 2.090 ACRES MORE OR LESS. EXHIBIT"D"ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF. DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. 10 DA # m NO. 5754 0 IAN L. THI Eft .,. EXP.12/31/13 ,L.S. No. 5750 EG, EXP. 12/31113 N:12532%2532rAESM7)FIRELANE+2532t FrRELANE.dOal*4 � + Last Update:07/18/12 2014-360 { I w� LA-i PC I ' I yV C0\ \C�o6 Ll LLJ C) i1 WI � C)I to �J I I Iz LIJ cNI` © Nir' wtS "iN 'm - ID ui er ui n, ' ,° `� , o ( I I is in o rn'co cs co o"oars vn ov C14 to 00 In ,r U3 c7 CJ I f41 I •� V? VVS z W co (n UV# V) " 2 Z W } to I t4 V� t70 CF1 s rr- Nr T 'Zo LO CO co to or- ON , o r. ` o ° W C7 C7 4 td r N(4 •+. r`1` MI C4 C4 , c°.( -j LLJ j � ;-- � > ji,�f E k j!Q i E t ! [04 �(i �W 4y t} a 1 O CJ C3 04 W) 1-4 M7 r J, rf f I tw C1 N1 o CSI st� tklr .. t un `° ;, / I I CJ a b a yr io N to rl 3 to W�7 L) -' III' EV L) f (N rh .t tn;w r e " J z � c.> cacac> 0c); in — — --_ 3 QZ :i 1� 2014-360 E-XMBIT S'V' CONSENT AND SUBORDINATION The undersigned,WELLS FARGO BANK,NATIONAL ASSOCIATION,a national banking association,CIKA,k '),the beneficiary under that certain Deed of Trust with Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing dated March 9,2012 (as modified,the"Deed of Trust')executed by HW Southgate,L.P.,a California limited partnership, as borrower("JUstoe'),to Chicago Title Company, as original Trustee,recorded on March 9,2012, as Instrument Number 2012-0093269,Official Records of the County of San Bernardino,State of California,hereby consents to the terms,provisions and conditions of the Easement Agreement(Fire Lane)to which this Consent and Subordination is attached,and, subject to the terms and provisions of this Consent and Subordination,subordinates the lien and security interests of the Deed of Trust to the Easement Agreement(Fire Lane),such that from and after the effective date of this Consent and Subordination,the terms,provisions and conditions of the Easement Agreement(Fire Lane)are and shall be prior and superior to the liens,security interest,terms and provisions of the Deed of Trust;provided,however,this Consent and Subordination: (i)shall not be construed or operate as a consent and subordination to any other amendment to or modification of the Easement Agreement(Fire Lane),or a release of the lien and security interests of the Deed of Trust,but shall instead confirm that the lien and security interests of the Deed of Trust shall hereafter be upon and against all of the property subject to the Deed of Trust;and(ii)shall not modify or amend the terms and provisions of the Deed of Trust. LENDER; WELLS FARGO BANK,NATIONAL ASSOCIATION a national banking association By: Printed Name; Title: 2014-360 STATE OF ' G 3t Q--0 COUN'T'Y OF tk'S On X312, before me, ,Notary Public, personally appeared {�- -' `P , 4 tJ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) dstare subscribed to the wdthin instrument and acknowledged to me that helshe/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. WT1'NESS my hand and official seal. S attire •Y"' �, KRISTEN SOENNLEIN • '� �* Notary Public,State of Fexos � t My Commission Expires June 27, 2 016 My Commissio This area for official notarial seat Expires: Notary Notary _ Name l� �,t fiGVLEJ04 Phone l lr County o Principal Place of Business: Notary Registration Number: C "" p