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RESOLUTION (ID #3468) DOC ID: 3468
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Conveyance of Property
From: Tony Frossard M/CC Meeting Date: 10/06/2014
Prepared by: Ryan Sandoval, (909) 384-5140
Dept: Public Works Ward(s): 1
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and
Directing the Execution of a Quitclaim Deed to George Carson LLC, for an Existing Fire Lane
Easement, Located on Private Property North of Central Avenue, East of Tippecanoe Avenue.
(#3468)
Current Business Registration Certificate: Not Applicable
Financial Impact:
None.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
None.
Background:
With the development of various warehouse buildings on the north side of Central Avenue and east
of Tippecanoe Avenue, one of the Fire Department requirements was to grant the City an emergency
access easement (fire lane) over the properties to within 150 feet of each building. This fire lane is
20 feet wide and extends along the northerly backside of the properties to not impact the
development of the parcels. This was required as a secondary access point to the properties since the
Mt. View Avenue Bridge was not yet constructed.
Now that the Mt. View Avenue Bridge has been constructed and is open for public use,the easement
is no longer needed, per the Fire Department (letter attached). The new owner of Assessor's Parcel
Number (APN) 0136-361-40, George Carson LLC, is requesting the Fire Lane Easement that was
granted in 2012 be quitclaimed to the owner.
The attached resolution authorizes the execution of the Quitclaim Deed to George Carson LLC.
George Carson LLC will pay for all recording fees, if any.
City Attorney Review:
Supporting Documents:
Resolution (DOC)
Reso - Attachment 1 - QUITCLAIM (DOC)
Fire Dept Letter (PDF)
Q.11
Updated: 10/1/2014 by Georgeann"Gig?Hanna Packet Pg. 242
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1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF
4 A QUITCLAIM DEED TO GEORGE CARSON LLC, FOR AN EXISTING FIRE
LANE EASEMENT, LOCATED ON PRIVATE PROPERTY NORTH OF CENTRAL
5 AVENUE, EAST OF TIPPECANOE AVENUE.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE d
7 CITY OF SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and
9 directed to execute on behalf of the City, a quitclaim deed to George Carson LLC, a
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10 California Limited Liability Company, for an existing Fire Lane Easement located within w
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private property north of Central Avenue, east of Tippecanoe Avenue, more specifically
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described in said quitclaim deed, a copy of which is attached hereto as Attachment "1" and w
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.. 14 made a part hereof. y
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF A QUITCLAIM DEED TO GEORGE
CARSON LLC,FOR AN EXISTING FIRE LANE EASEMENT,LOCATED ON PRIVATE PROPERTY
2 NORTH OF CENTRAL AVENUE,EAST OF TIPPECANOE AVENUE.
3
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
4
5 and Common Council of the City of San Bernardino at a meeting
6 thereof, held on the day of , 2014, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ
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10 BARRIOS aD
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11 VALDIVIA °'
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12 SHORETT L.
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18 Georgeann Hanna, City Clerk
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The foregoing resolution is hereby approved this day of , 2014.
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R. CAREY DAVIS, Mayor E
22 City of San Bernardino
23 Approved as to form: a
24 GARY D. SAENZ, City Attorney
2;5 By:
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FPacket Pg.244
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ATTACHMENT 661"
2 -Quitclaim Deed-
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RECORDING REQUESTED BY
CITY OF SAN BERNARDINO
AND WHEN RECORDED MAIL DOCUMENT TO:
OF SAN BERNARDINO
c Y CLERK
300 NORTH"D"STREET
SAN BERNARDINO,CA 92418
FEE EXEMPT PURSUANT TO
GOV.CODE SECTION 27383 y^
APN:0136-361-40 .c
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SPACE ABOVE FOR RECORDER'S USE
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QUITCLAIM DEED
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THE UNDERSIGNED GRANTOR(S)DECLARE(S):THAT DOCUMENTARY TRANSFER TAX IS$ 0.00 E
❑Unincorporated area Q City of San Bernardino
❑ Computed on full value of the interest property conveyed,or is W
❑ Computed on full value less the value of liens and encumbrances remaining at time of sale,and c
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FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SA U.
BERNARDINO, a municipal corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM E
GEORGE CARSON LLC, a California Limited Liability Company, all rights and interests acquired as set for
in that Fire Lane Easement located in the City of San Bernardino, County of San Bernardino, State of Californ
recorded October 3, 2012, as Document No. 2012-0410988, Official Records of said County, and more particular y
gibed as follows:
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ATTACHED HERETO AS EXHIBIT "1" AND MADE A PART HEREOF IS THE FIRE LANE EASEMED
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RECORDED ON OCTOBER 3, 2012, AS DOCUMENT NO. 2012-0410988.
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CITY OF SAN BERNARDINO
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DATE:
R. CAREY DAVIS, Mayor
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ACKNOWLEDGEMENT OF GRANTOR(S): M
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STATE OF CALIFORNIA o
COUNTY OF } S.S.
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On before me, Note
Public,personally appeared E
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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 a
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 1 Q
instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument.
L'01 ify 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:
Signature Packet Pg. 246
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EXHIBIT 661"
-Fire Lane Easement-
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Recorded in Official Records,County of San Bernardino 10/03/2012
RECORDING REQUESTED BY 4:11 PM
CITY OF SAN BERNARDINO �,'p„,�.,t DENNIS DRAEGER ALS
e"nxeu�nnna'16 ASSESSOR – RECORDER – CLERK
AND WHEN RECORDED MAIL DOCUMENT TO:
P Counter
CITY OF SAN BERNARDINO
CITY CLERK Doc#: 2012—0410988 Titles: 1 Pages: 9
300 NORTH"D"STREET
SAN BERNARDINO,CA 92418
Fee--
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APN:0136-361-30& 38 r
SPACE ABOVE FOR RECORDER'S USE O
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1 FEE EXEMPT PURSUANT TO
GOV.CODE SECTION 27383
FIRE LANE EASEMENT
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FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HW
SOUTHGATE, LP, a California limited liability company ("Grantor"), hereby GRANTS to the
CITY OF SAN BERNARDINO, a municipal corporation (the "Grantee'), A NON-
EXCLUSIVE EASEMENT SOLELY FOR EMERGENCY VEHICLE ACCESS (the "Fire Lane L
Easement") IN, OVER, AND ACROSS the portion of the real property of Grantor located in the U=
City of San Bernardino, County of San Bernardino, State of California, more particularly o
described in Exhibit"B" and depicted in Exhibit"C",both attached hereto and made a part of. E
The Easement is appurtenant to and runs with the real property owned by Grantor described in
r Exhibit "A" (the "Parcel(s)"), The Easement is for the benefit of Grantee, Grantor and their 0
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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 Parcel(s). °-
Any mortgage or lien affecting any portion of the Parcel(s) shall at all times be subject and a
subordinate to the Easement and the terms of this Fire Lane Easement, and any person or entity
acquiring title to all or any portion of the Parcel(s) 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 Fire
Lane Easement. v
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This Fire Lane Easement may be amended only by a document executed by Grantor and Grantee CY
as of the date of such amendment that is recorded in the Official Records of San Bernardino
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County, California. No emails or other electronic communications shall be effective as an
amendment to this Fire Lane Easement. This Fire Lane Easement contains the entire. agreement E
between the parties relating to the rights granted hereunder, shall be governed by the laws of the
State of California and is performable in San Bernardino County, California. This Fire Lane Q
Easement may be executed in separate counterparts, without the necessity of each party having o
to sign the same counterpart. d
JPMorgan Chase Bank, N.A. ("Lender") has executed a written subordination of its lien on the c
real property owned by Grantor securing certain indebtedness of Grantor to Lender to the E
Easement and this Fire Lane Easement, which subordination is attached hereto as Exhibit "D".
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TO HAVE AND TO HOLD the above-described premises, together with all and singular, the Q
rights and appurtenances thereto in anywise belonging, unto the Grantee, and its successors and
permitted assigns, forever.
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Packet Pg. 248
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EXECUTED to be effective as of the date first written above.
HW SOUTHGATE,L.P.,
a California limited partnership
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By: DTC Phase ll,LLC, s,
a Delaware limited liabili com any
its gene 1 partner
Name: John M. Magness
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Title: �
Senior Vice President
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S'rATE OF ,� 1, rrrt ar, ) °
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COUNTY OF �4x.n
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On a -e- 1-r r ? 2012, before me, ko-A•�r�Gtr o A-t&f N `Ate•'# T' , Notary
Public, personally appeared . c who proved n:
to me on the basis of satisfactory evidence to be the pdr.on(.v)whose name(.)is/am subscribed to
the within instrument and acknowledged to me that he/-Ae/they- executed the same in 00
his/ktefAheir authorized capacity(jes), and that by hisAw4A Heir signature(4) on the instrument the M
person(-4.. or the entity upon behalf of which the person(g)acted,executed the instrument.
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I certify under PENALTY OF PERJURY under the laws of the State of California that the v
foregoing paragraph is true and correct.
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KA LEfM 1101 M"Fe
WITNESS my hand and official seal.
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My Commission Expires: This area for official notarial seal N
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Notary Name: }��tia 1�l;�f.v� -'; <<.i� 1_ .�' Notary Phone: !t.
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Notary Registration County of Principal Place of
Number: ; Business:
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ACCEPTAI\CE:
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. Q
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CITY OF SAN BERNARDI NO in
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Location. N-of Central Ave, E-of Tippecanoe Ave— Southgate E
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File No.: 15.02-1575
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FXHI I3I'I ..A.,
Parcel A:
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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. �o
Parcel B: _
as
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LOT "A" IN THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR LOT LINE. �
ADJUSTMENT RECORDED JULY 17, 2012 AS INSTRUMENT NO, 2012-0286107 OF w
OFFICIAL.RECORDS SAN BERNARDINO COUNTY, CALIFORNIA. �
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EXHIBIT«B» SHEET 9 of 2
Fire Lane Easement Description
LEGAL DESCRIPTION
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A STRIP OF LAND 20.00 FEET IN WIDTH, SITUATED IN PORTIONS OF LOTS "A"AND `B"OF LOT LINE
ADJUSTMENT NO. LLA 2012-005, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, RECORDED JULY 17. 2012 AS DOCUMENT NO. 2012-0286107, c
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, 2011 AS
DOCUMENT NO. 2011-0456118 OF SAID OFFICIAL RECORDS AND A PORTION OF PARCEL 1 OF
PARCEL MAP NO. 17887, AS PER MAP FILED IN BOOK 237, PAGES 66 TRHOUGH 73 INCLUSIVE, OF
PARCEL MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, THE CENTERLINE OF SAID STRIP y
DESCRIBED AS FOLLOWS: uj
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, 1002.66 FEET"ON SAID LOT LINE M
ADJUSTMENT NO. 11-02; o
THENCE ALONG SAID PARALLEL LINE, SOUTH 690 59'55"WEST, 1750.00 FEET
a THENCE SOUTH 55°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 U�'
SOUTHEASTERLY, MEASURED AT RIGHT ANGLES FROM THAT CERTAIN NORTHWESTERLY LINE tn
OF SAID LOT"B"(LLA 2012-005) SHOWN AS HAVING A BEARING AND A DISTANCE OF "SOUTH 69°55' a
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 00
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 32.00 M
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 TO 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 90° 00'00"AN
ARC LENGTH OF 50.27 FEET,' E
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THENCE TANGENT TO SAID CURVE, SOUTH 690 59'56"WEST, 12.81 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 43.00 FEET Q
THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 190 39' 02"AN ARC N
LENGTH OF 14.75 FEET,, 0'
THENCE TANGENT TO SAID CURVE, SOUTH 89° 38' 58" WEST. 97.05 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 700 00'00"EAST, 385.56 FEET'ON SAID LOT LINE ADJUSTMENT NO 2012-005;
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EXHIBIT `B"
Fire Lane Easement Description SHEET 2 OF 2
FIRELANE EASEMENT
LEGAL DESCRIPTION
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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 r
SOUTHEASTERLY, MEASURED AT RIGHT ANGLES FROM THAT CERTAIN NORTHWESTERLY LINE c
OF SAID LOT 'A" SHOWN AS HAVING A BEARING AND A DISTANCE OF "NORTH 61° 28, 03- EAST, (n
196.91 FEET"ON SAID LOT LINE ADJUSTMENT NO. 2012-005,
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THENCE ALONG LAST SAID PARALLEL LINE AND ITS SOUTHWESTERLY PROLONGATION, SOUTH E
fit° 28' 03" WEST, 655.10 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE 0
WESTERLY, HAVING A RADIUS OF 92.01 FEET AND BEING CONCENTRIC WITH AND DISTANT 10.00 w
FEET EASTERLY, MEASURED RADIALLY FROM THAT CERTAIN CURVE IN THE WESTERLY LINE OF
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-
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THENCE SOUTHERLY ALONG SAID NON-TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 320 0
02' 11" AN ARC LENGTH OF 51.44 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE E
CONCAVE EASTERLY, HAVING A RADIUS OF 16.00 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 860 19'35"WEST;
THE NCE SOUTHERLY ALONG SAID TANGENT REVERSE CURVE THROUGH A CENTRAL ANGLE OF
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460 47'42"AN ARC LENGTH OF 14.70 FEET; 00
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THENCE TANGENT TO SAID CURVE, SOUTH 43° 07' 17" EAST, 9.25 FEET TO A POINT ON THE
NORTHERLY LINE OF CENTRAL AVENUE (44.00 FEET HALF WIDTH) AS SHOUNN ON SAID PARCEL
MAP, SAID POINT BEING THE END POINT OF THIS DESCRIPTION, Q
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THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED TO TERMINATE EASTERLY U
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.
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EXHIBIT"D"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF,
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DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. Q
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EIMIT`T"
CONSENT Ah'D SUBORDINATION ;
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The undersigned,WELLS FARGO BANK, NATIONAL ASSOCIATION, a national N
banking association, ("Lender'),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 a)
partnership, as borrower(`°Trustor'),to Chicago Title Company, as original Trustee,recorded w
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 J
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 Decd of Trust to the Easement Agreement(Fire Lane), such that from °
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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 w
liens,security interest, terms and provisions of the Deed of Trust;provided, however, this CY
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 a.
of the lien and security interests of the Deed of Trust,but shall instead confirm that the lien and
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security interests of the Deed of Trust shall hereafter be upon and against all of the property W
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subject to the Deed of Trust;and(ii) shall not modify or amend the terms and provisions of the
Deed of Trust.
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LENDER: E5
WELLS EARGO BANK, NATIONAL ASSOCIATION
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Printed Name: R-7 ne-tri-p-. 6 rzul c
Title: \J ►tee Prez "4a,
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STATE OF l�G K ed
COUNTY OF
On 2012, before me, Notary a�
Public, personally
appeared u r Lat—�- r?-� hQru k r- c
V Pte_ , 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
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authorized capacity(ies), and that by his/her/their signature(s) on.the instrument the person(s), or m
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the entity upon behalf of which the person(s) acted,executed the instrument. w
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I certify under PENALTY OF PEILxURY under the laws of the State of California that the
foregoing paragraph is true and correct.
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WrI`NESS my hand and official seal. C
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��'ll�'oy KRISTEN SOEHNIE!N
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Notary Notary /y, _
Name: -l57'Ep/ aAZflrA-Eli\ Phone:—q-7:;?/o? 'e3Co
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Notary Registration
Number:Z 29
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Packet Pg. 256
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FIRE DEPARTMENT
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Community Risk Reduction Division
Paul A. Drasill— Interim Fire Chief
• 200 East Third Street, San Bernardino, CA 92410-4889
Safi Beraar ino 909-384-5388 Fax: 909-384-7237
www.sbcity.org
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August 19, 2014
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RE: Easement behind 1401 E. Central
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Dear Mr. Alleborn w
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This letter is in response to the request to remove the easement behind 1401 E. Central cc
Ave. The easement on the north side of the property was required by the Fire `
Department because the Mountain Ave Bridge was not functional at the time. Now that U-
the Mountain Ave bridge is completed and operational the easement behind this o
location is no longer required. E
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If you have any questions regarding these requirements please contact me. Cn
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Sincerel
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Sarah Pearson, Fire Prevention Supervisor
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SBFD Mission Statement
The San Bernardino City Fire Department is dedicated to protecting and serving our entire
community with a commitment to professionalism and performance excellence
FPacket Pg. 257