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HomeMy WebLinkAbout2015-013 1 RESOLUTION NO. 2015-13 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF 4 QUITCLAIM DEEDS TO GEORGE CARSON LLC, HW SOUTHGATE BLDG 2, LLC, AND HW SOUTHGATE BLDG 3, LLC, FOR AN EXISTING WATERLINE 5 EASEMENT, LOCATED ON PRIVATE PROPERTY NORTH OF CENTRAL 6 AVENUE, EAST OF TIPPECANOE AVENUE. 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 Water Pipeline Easement located 12 within private property north of Central Avenue, east of Tippecanoe Avenue, known as 13 Assessor's Parcel Number 0136-361-40, more specifically described in said quitclaim deed, a 14 copy of which is attached hereto as Attachment "1" and made a part hereof. 15 16 SECTION 2. That the Mayor of the City of San Bernardino is hereby authorized and 17 directed to execute on behalf of the City, a quitclaim deed to HW Southgate Bldg 2, LLC, a 18 California Limited Liability Company, for an existing Water Pipeline Easement located 19 within private property north of Central Avenue, east of Tippecanoe Avenue, known as 20 Assessor's Parcel Number 0136-361-39, more specifically described in said quitclaim deed, a 21 22 copy of which is attached hereto as Attachment"2" and made a part hereof. 23 SECTION 3. That the Mayor of the City of San Bernardino is hereby authorized and 24 directed to execute on behalf of the City, two (2) quitclaim deeds to HW Southgate Bldg 3, 25 LLC, a California Limited Liability Company, for an existing Water Pipeline Easement 26 located within private property north of Central Avenue, east of Tippecanoe Avenue, known 27 as Assessor's Parcel Numbers 0136-361-36 and 0136-361-37, more specifically described in 28 I said quitclaim deeds, copies of which are attached hereto as Attachment "3" and Attachment 2 "4", and both are made a part hereof. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 1 BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A QUITCLAIM DEED TO GEORGE CARSON LLC, FOR AN EXISTING FIRE LANE EASEMENT, LOCATED ON PRIVATE 2 PROPERTY NORTH OF CENTRAL AVENUE,EAST OF TIPPECANOE AVENUE. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 4 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on 5 6 the 20th day of January, 2015,by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ X 9 BARRIOS x 10 11 VALDIVIA x 12 SHORETT X 13 NICKEL X 14 JOHNSON x 15 MULVIHILL X 16 17 18 Georg Hanna, ty Clerk 19 The foregoing resolution is hereby approved this day of January, 201-5, 20 21 R. CAREY D IS, Mayor 22 City of San B rnardino 23 Approved as to form: 24 GARY D. SAENZ, City Attorney 25 B 26 27 28 2015-13 Recorded In Official Records, County of San Bernardino 2/10/2015 RECORDING REQUESTED BY BOB DUTTON 11:14 AM J11L30AJUS0N aaa au ASSESSOR — RECORDER — CLERK LB w SAN AND WHEN RECORDED MAIL DOCUMENT TO: rr; ST Ac" At.C>jACor-(4xo>jw� C P Counter NAME C.rT7�� -^C�+/l�`Z`��^�� r, 4 Ntk.-itC-QP - �,� hoc#: 2Q15-0052059 titles: 1 Pages: 18 STREET FB 4� A�� I ADDRESS N 88 76.00 3GO N. Q S`1 ' Dther 0.00 ZIP COCETEB � aE2 '-mw `-1 PAID $76,00 yK iJr�`►f7r/��f °12�oZ SPACE ABOVE FOR RECORDER'S USE ONLY r Title of Document RIEA r ECO 11 ER x,,„ .��� SE N MM ' R THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) 2015-13 1 ATTACHMENT "1" 2 -Quitclaim Deed- 3 (George Carson, LLC) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2015-13 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Stacey Aldstadt,General Manager City of San Bernardino Municipal Water Department P.O.Box 710 300 North D Street San Bernardino,CA 92402 QC 1:APN 0136-361-40 DOCUMENTARY TRANSFER TAX$ 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 VALUBLE CONSIDERATION,receipt of which is hereby acknowledged, City of San Bernardino Hereby remise,release and forever quitclaims to George Carson,LLC,a California limited liability company All right,title and interest in and to a portion of Grant of Easement recorded on March 09,2012 as Document No. 2012-0094786 of Official Records of the County of San Bernardino County, a copy of which is attached hereto as Exhibit`1' and made a part hereof within the following described property: LOT 1 OF CERTIFICATE OF COMPLIANCE FOR LOT MERGER RECORDED FEBRUARY 27, 2014 AS DOCUMENT NO.2014-0076360 OF OFFICIAL RECORDS. Said portion of Grant of Easement described heron in Exhibit"A" and depicted in Exhibit"B", both made a part hereof. Assessor's Parcel Number: 0136-361-40 BY: CI `;OF SAN E ARDINO r C' Signature Print Name Title Date MAIL TAX STATEMENTS TO: SAME AS ABOVE 2015-13 ACKNOWLEDGEMENT OF GRANTOR(S): A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF } S.S. �y On /- �/' 3/ .Z���� before me, 4/,4/,,/e- f Notary Public,personally appeared �.�y/S who proved to me on the basis of satisfactory evidence to be the person(4 whose name(e is/apesubscribed to the within instrument and acknowledged to me that he/ske/tky executed the same in his/twethel'r authorized capacity(ja< and that by his/401*11peif signatureVon the instrument the person(,or the entity on behalf of which the personjgl 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. Signature SEAL: VALERIE R.MONTOYA Commission� 1985357 Notary Public-California Z eke Z r- San Bernardino County My Comm.Expires Au 2,2016 2015-13 QG l SHEET 1OF1 EXHIBIT "A" WATER LOOP EASEMENT QUITCLAIM THAT PORTION OF A 30.00 FOOT WIDE STRIP OF LAND AS DESCRIBED IN "GRANT OF EASEMENT" RECORDED MARCH 09, 2012, AS DOCUMENT NO. 2012-0094786 OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, LYING WITHIN LOT"A"OF CERTIFICATE OF COMPLIANCE FOR LOT MERGER, RECORDED FEBRUARY 27, 2014 AS DOCUMENT NO. 2014-0076360 OF OFFICIAL RECORDS OF SAID COUNTY. CONTAINING: 11,254 SQUARE FEET OR 0.258 ACRES MORE OR LESS. SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND RIGHTS-OF-WAY, IF ANY PREPARED UNDER THE DIRECTION OF. aP� LAND Z/4- - n cn BR/ L. THIENES DAT * N0. 5750 'k P.L.S. No. 5750 `Pl REG. EXP. 12/31115 �OF C Ati�F� N:125321ESM7IWATER LOOP-QC-112532-WATER LOOP-QC-1.doc Lest Update:081113114 2015-13 N OR o a ^I OJ ONES dp tu- �I v w ® 10, \ I ' � I I F. 2°is�bi2/8 S�P� ( �I aid O \ J Z 1 I \\ I o W p ] o I � � \ i - I ~ \ / r� .—I t Z k Z h 0 ICI 0 J \ ® g � III J W s�� W m � Z Q. �E \ Iii 1 GO � o WNW III Q Jg \\ i I 3 3 \N \ , I ' 41 M I 3 WO cr �\ Z II II 1 CD qj IQ WZ°t � II � CWT W a " Z fl w A V .9ONV0.9c/cAL — Z 9 2015-13 N U.- N eF 00 •r ELI 3 W W W W W N p N 00 aO 00 e0 o Z O to ;A IA 1/'1 N r 00 00 00 Go 00 UA N M M M M M d : O 0c0 000 0c0 000 0c0 tu ui pppp O M M 00 f- Lo 1n 0) t M w rn co n 00 w w 3 w 3 t wzn! ` LO � o LO o fa Z. fDD co w C N Z MOM C? S Z J J J J J Q o�D rw O � OW 2 Ls 1 in ono ° Z b b 'oLOi b z OpO cr0 1� N t0 N �yccJ CP J w 3 qS ira-k y .� W� '� a Z ag 2015-13 EXHIBIT 6"1" -Grant of Easement- Document#2012-0094786 Recorded 3/09/2012 [SEE ATTACHED] 2015-13 t� ac I Recorded in Official Records,County of San Bernardino 3109/2012 DENNIS DRAEGER WC 9 PM AssESsOR — RECORDER — CLERK ' P Counter RECORDING REQUESTED BY AND DOC#: 2012-0094786 Titlss: 1 Pages: 12 WHEN RECORDED MAIL TO: Fees 0.00 Stacey Aldstadt,General Manager Other e.ee City of San Bernardino Other PAID Municipal Water Department P.O.Box 710 300 North D Street San Bernardino,CA 92402 Project Name: Southgate NO FEE PER GOVERNMENT CODE SECTION 6103 APN:0136-361-32,33&34 SPACE ABOVE FOR RECORDER'S USE GRANT OF EASEMENT This Grant of Easement is entered into by and between HW SOUTHGATE, L.P., a California Limited Partnership, hereinafter 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 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. HW SOUTHGATE,L.P. a California limited partnership By: DTC Phase II,LLC, a Delaware li Red li Ity omp y, Its gen artne By: Name Title: S,.n* .r Vi c preaid nt [signature must be notarized] 2015-13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cnnt.CODE 6 1189 State of California ff County of 1X1 �ZP((�(I.C"(�l n(-> On� before me, I�at�1�2p�t'� {�il � ' , Date Here Insert Nsme and Title of ih9LCF@dr personally appeared r who proved to me on the basis of satisfactory evidence to be the person*whose name(8) Is/am subscribed to the within instrument and acknowledged to me that he%he/tiher executed the same in his/her/theW authorized capacity(, and that by his/k+er/their signatures} on the instrument the person(e), or the entity upon behalf of which the person(*acted,executed the instrument. eeettttteelat 119M11 I certify under PENALTY OF PERJURY under the Mrr Pdft'Cdf nds laws of the State of California that the foregoing Son senarlu9 Cotutty paragraph is true and correct. M COMM.Ex Ine is +w WITNESS my hand and official seal. Signature: Place Notary Seal Above S49M NOfary OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Doc tmeJnt,�.�. E, Title or Type of Document: C•hrrJN 1 ' ��y1� dGlTrv.,► Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: i ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual e ❑Individual a ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner—❑Limited ❑General Top of thumb here ❑ Attorney In Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: Item 115 0 2010 National Notary Association•NellonalNotary.org•1-800-US NOTARY(1-800-878-8827) 807 2015-13 Project Name: Southgate APN:0136-361-32,33&34 Oonaca#dLeader WELLS FARGO BANK,NATIONAL ASSOCIATION("Agco#'), hereby consents to and subordinates that certain Constriction Reed of Trot wi& Absotac ABdpmmt of Leases and Rents,.Security Agreement and Fixtup Filing dated March 26,2008 and recorded an April 2,2008 as'Document No. 2008-145378, in&e Official Rem ofd Bamardino Coudy, California, to this Easement. WELLS FARGO BANK,NATIONALASSOCATION,as agent for and on beimVefWalls Frio lac,rational Association and may and ahl admr finumW iioditutions identified in as Inicruedikr Agrocmam cwci*d by Agent and athLe,sd= By. WELLS FARGO BAWK, NATIONAL ASSOCIATION By= STATE OF TEXAS § • § S. COUNTY OF DALLAS § is in,to en was ACKN ` D CCSC Ztl�,by �, tiCe e F BaCCIr,Rational Cation, a nations anking association,on behalf of said nowlstion,as do Ascot for and on behalf of Wells Fargo Bank, National Association and say and all odw finial i (collectively, `• 7G4,20M A mect bed by Agent and such Landers. JANET l9.©AUa Notary Publ STATE OF TE My Comm.Exp.Nov. My Commission Expires: S ofT Pain of Notag 96blic 2015-13 PROJECT NAME:Southgate APN:0136-361-32,33&34 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: " '6• aa'� City Clerk Date: C:\Documents and Settings\morrison_sy\Local Settings\Temporary Internet ' Files\Content.Outlook\30NONCY9\Form-Grant of Easement with BOWC on acceptance.doc 2015-13 EXHIBIT A (see attached) f I I 2015-13 PROJECT NAME.SOUTHGATE SHEET 1 OF 5 APN:0136-361-32, 33&34 EXHIBIT "A" WA Fo EASEMENT ,LEGAL DESCRIPTION TWO(2) STRIPS OF LAND SITUATED IN A PORTION OF PARCEL 2 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 AND PORTIONS OF LOTS "A", °B' AND "C" OF LOT LINE ADJUSTMENT NO. LLA 11-02, RECORDED NOVEMBER 2, 2011 AS DOCUMENT NO. 2011-0456118, OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS: EASEMENT NO, 1 30.00 FEET WIDE, THE CENTERLINE DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WITH AND DISTANT 40.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES FROM THE MOST EASTERLY LINE OF SAID LOT "A" WITH THE NORTHERLY LINE OF CENTRAL AVENUE (44,00 FEET HALF- WIDTH)BOTH AS SHOWN ON SAID LOT LINE ADJUSTMENT; THENCE ALONG SAID PARALLEL LINE, NORTH 000 21'02"WEST, 7.50 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 7.50 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM SAID NORTHERLY LINE OF CENTRAL AVENUE, SAID POINT HEREINAFTER REFERRED TO AS POINT A"; THENCE CONTINUING ALONG FIRST MENTIONED PARALLEL LINE, NORTH 000 21,020 WEST, 173.71 FEET TO A LINE PARALLEL WITH AND DISTANT 28.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF SAID LOT"A'; THENCE ALONG LAST SAID PARALLEL LINE,NORTH 20°00'04"WEST, 819.15 FEET; THENCE SOUTH 690 59'56"WEST, 755.10 FEET,' THENCE NORTH 650 00'04"WEST, 65.88 FEE T, THENCE SOUTH 69° 59' 56" WEST, 967.36 FEET TO A LINE PARALLEL WITH AND DISTANT 15.00 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF THAT CERTAIN EASEMENT TO THE CITY OF SAN BERNARDINO, RECORDED JULY 24, 2008 AS DOCUMENT NO. 2008-0337915, OF SAID OFFICIAL RECORDS; THENCE ALONG LAST SAID PARALLEL LINE, NORTH 200 00'05-WEST, 7.89 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID EASEMENT TO THE CITY OF SAN BERNARDINO, SAID POINT BEING THE END POINT OF EASEMENT NO, 1. EXCEPTING THEREFROM THAT PORTION WITHIN SAID EASEMENT TO THE CITY OF SAN BERNARDINO. 2015-13 PROJECT NAME.-SOUTHGATE SHEET 2 OF 5 APN.0136-369-32, 33&34 EXHIBIT "A" WATER EASEMENT LEGAL DESCRIPTION EASEMENT NO,2 15.00 FEET WIDE, THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT ABOVE MENTIONED POINT"A THENCE ALONG SECOND MENTIONED PARALLEL LINE(BEING A LINE PARALLEL WITH AND DISTANT 7.50 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM SAID NORTHERLY LINE OF CENTRAL AVENUE), NORTH 89°38'58"EAST TO A POINT ON THE SOUTHERLY CURVED LINE OF SAID LOT 'S", SAID POINT BEING THE END POINT OF EASEMENT NO. 2. THE SIDELINES OF SAID EASEMENT NO. 2 SHALL BE PROLONGED OR SHORTENED TO TERMINATE WESTERLY IN THE MOST EASTERLY LINE OF EASEMENT NO. 1 AND TERMINATE EASTERLY IN THE SOUTHERLY CURVED LINES OF SAID LOTS"B"AND"C" EASEMENT NO. 1 AND EASEMENT NO.2 CONTAINING: 104,751 SQUARE FEET OR 2.405 ACRES MORE OR LESS, SUBJECT TO: COVENANTS, CONDITIONS, RESRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY, IF ANY. DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. DATE: Z \`�L LANO RIAN L. THIENES P.L.S. No. 5750 REG. EXP, 12139113 rn o n N0. 5750 c� EXP.12/31/13 Q*' llp N.1253212532AE3MTi2532J SBMWD.doc �q OF, Lest Update:01110/12 2015-13 PRazu NAME-APN. 0136-961-,32, .334 SHEET 3 OF 5 & 34 EXHIBIT Y'A " _WATER EA$MENT Stn STREET _ EICINITY MAP 3RD STREET N.T.S. SSW BERMCINO IIVT£RWAWA0l HARRY SHEPPARD NRPWjr N ,a �I BLYD. � NRPORr MILL ST. PALM MEADO S �'�� 175 DRIVE _ SAN BERNARDINO AVE. SAN BERNARDINO FREEWAY / ATE�arRORaiNO jfPLIN�wAY� �ot AIRPORT (� pIN ' 8E8 REC �� _ / " EX15E�GF1i5Q 8E-579 5G QR 0 ��1g1 8?0� \\ Z / WAt 4/2 ,0�3 aE ay �� 1�SO Q9 . 2008 ���022to QpSctG�E MPp b6��3 NQ 5,- NO \0l 0 F�SEME� PROPOSED ol Von � rr I 0 4 MEAOOWS OR.. W SANTA ANA RIVER j Q LOCATION MAP N.T.S. 2015-13 OR I II M O C2N v w � °> o Cl I 3 I Ilm 1-4 ► (5 w �..•6'� ,D I � I � Q �z Q r h o a I J hu JAW _c Z \' `o° a 3 �> jai a. III W o ti g O � o I I i g W �Z I W� all N �> I I Q C Its 7 IIIQ ,� r CA SEP a� I I W ..IV cm j I y O� —r— N 1I � .• C � •• 0a. -1 i o s I W Ud .__--- ---------� �---- z 2015-13 PROJECT NAME- SOUTHGATE �! SHEET 5 OF 5 APN.- 0136-361, 32, 33 do 34 EXHIBIT "A WATER EASMENT LOT�A LOT B LOT C , LOT 8 LOT D I °4 I I C L 30 WIDE LLA 11-02, REC. 11/02/2011 I N I EASEMENT NO. 1 INST. NO. 2011-0456118, O.R. I I 3 C/L 15' WIDE I I ( 40. � PAINT "A" EASEMENT N0. 2 i I a I L7 -- I f — I P.O.B. I { CENTRAL _ A -- 1/ENUE �— -- - - - --- - -- - - - - - - - -- ---- - --- -- - -- DETA/L "A" SCALE.' l' 80' LINE TABLE.' EXISTING SAN BERNARDINO L1 N20'00'05"W 25.00' WATER EASEMENT REC. 0712412008 AS DOC. C/L 30' WIDE L2 N20'00'05'W 7.89' N0. 2008-0337915, O.R. EASEMENT NO. 1 L3 S69'59'56"W 967.36' I I L4 N65'00'04'W 65.88' L5 S69'59'56"W 755.10' L6 N2900'04"W 819.15' L7 NO'21'02'W 7.50' L8 NO'21'02"W 173.71' L9 N89'38'58"E 1404.61' L10 N89'38'58"E: 516.63' i PARCEL 2 I L11 N61'28'03"E 847.84' PARCEL MAP NO. 17887 DETAIL '6" P.M.B. 237 / 66--73 L12 N70'00'00"E 101.36' ' SCALE: /"= 80'1 - - - - - - - - -- - - - - - - -- --- PREPARED BY EASEMENT AREA: Thieves Engineering, Inc. INDICATES WATER C1VIL ENGINEERING•LAND SU EY1NC FIZ,711_71- 1 CONTAINS, 104,751 SQ. F/ 14349 FIRESTONE BOULEVARD TRW iffiA #4R —gjj FQAXNfW X873 2.405 ACRES t 2015-13 Project Name: Southgate APN:0136-361-32,33&34 EXHIBIT"B" CONDITIONS I. 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. 2015-13 1 ATTACHMENT "T' 2 -Quitclaim Deed- 3 (HW Southgate Bldg 2, LLC) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2015-13 Recorded in Official Records,County of San Bernardino 211012015 LB AM BOB DUTTON RECORDING REQUESTED BY L8 314, JcNN�t� ,�,M`°"~ ASSESSOR — RECORDER — CLERK SAN AND WHEN RECORDED MAIL DOCUMENT TO: , 5Z -sk mac..i P Counter NAME C,,r`zoF- q Doc#: 2015—0052062 Titles: 1 Pages: 1e y� Fees 76.00 STREET ^. v 0.00 ADDRESS Other 0.00 TATE6 S RID 676.00 Z:P C,DE SPACE ABOVE FOR RECORDER'S USE ONLY �vt1-Gi.A�M S7Fy� Title of Document zm TV HI 11S AR, t ER '1131 ON1,1111 THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) 2015-13 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Stacey Aldstadt,general manager City of San Bernardino Municipal Water Department P.O.Box 710 300 North D Street San Bernardino,CA 92402 OC 2:APN 0136-361-39 DOCUMENTARY TRANSFER TAX$ SPACE ABOVE THIS LINE rOR RECORDER'S USE .....Computed on the consideration or value of property converyed;OR .....Computed on the consideration or value less liens or encumbrances remaining at time of sale QUITCLAIM DEED FOR A VALUBLE CONSIDERATION,receipt of which is hereby acknowledged, City of San Bernardino Hereby remise,release and forever quitclaims to HW Southgate Bldg 2,LLC,a California limited liability company All right,title and interest in and to a portion of Grant of Easement recorded on March 09,2012 as Document No. 2012-0094786 of Official Records of the County of San Bernardino County, a copy of which is attached hereto as Exhibit`1' and made a part hereof within the following described property: LOT B OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT RECORDED JULY 07,2012 AS DOCUMENT NO.2012-0286107 OF OFFICIAL RECORDS. Said portion of Grant of Easement described hereon in Exhibit"A"and depicted in Exhibit"B",both made a part hereof. Assessor's Parcel Number:0136-361-39 BY: CIT F SAN ARDINO r� Signature Print Name - T Title --T Date MAIL TAX STATEMENTS TO:SAME AS ABOVE 2015-13 ACKNOWLEDGEMENT OF GRANTOR(S): A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF �Pi�/!L/�d'�O } S.S. On �Oi�.er y 3i -2 D�y"� before me, Notary Public,personally appeared who proved to me on the basis of satisfactory evidence ta4 the person(djwhose name(s�lis/subscribed to the within instrument and acknowledged to me that he/sle/tbeT executed the same in his/boet'tff authorized capacity(jesl, and that by his/Wtheif signature(,e'f on the instrument the person( or the entity on behalf of which the person(sy"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. Signature SEAL: VALERIE R.MONTOYA Commission# 1985357 Notary Public-California z Z San Bernardino County D My Comm.Expires Aug 2,2016 2015-13 SHEET 1 OF 1 EXHIBIT "A" WATER LOOP EASEMENT QUITCLAIM THOSE PORTIONS OF A 15.00 FOOT WIDE AND A 30.00 FOOT WIDE STRIP OF LAND AS DESCRIBED IN "GRANT OF EASEMENT"RECORDED MARCH 09, 2012, AS DOCUMENT NO. 2012-0094786 OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, LYING WITHIN LOT"B"OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 2012-005, RECORDED JULY 17, 2012 AS DOCUMENT NO. 2012- 0286107 OF OFFICIAL RECORDS OF SAID COUNTY. CONTAINING: 73,055 SQUARE FEET OR 1.677 ACRES MORE OR LESS. SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND RIGHTS-OF-WAY, IF ANY PREPARED UNDER THE DIRECTION OF: �Qk -AND ce CD BRIAN L. THIENES DATt NO. 5750 P.L.S. No. 5750 REG. EXP. 12131115 OF C pL�FO N.125321ESM71WATER LOOP-QC-112532—WATER LOOP-QC-2.doc Last Update:08/113114 2015-13 o � ===J r--- ES*b�Ndo 0 \ ^I a ® o�� L 4 c i ° \ ( _ o �g � I W1 oad p ON \ I I 0 _ _ = to I PC Z \ W N C L \\ \\!J I h1 \ I� 1 W 1 3 c a z `� �' I I 1 q M RN N I c � 4b I-z W� $ CqZ ------------ C s 2015-13 N ti - r-% °o w LO o 20 � � o�p - ® p� N r7 M M r7 M O 0b,0 0b,0 O�0 CEO O�0 [[SS 3e ti N co b[ ,w a2 .t ic'� �c r-- 00 )i _ .J J J J J J IN CV Cc 00 C in O M M a0 / W W W 3 W 3 8`°Y cO 2 s ;fin �n Ln L g L g co co t(D co to N � .z I z I z z I z I z tt j us O •- N �f 29 J J J J ma ~ O Q 1 tMO Lo M O tOA o�0 3 UC44 Z co O N CV n LO 00 W 1 ~ \ Z � w w w 3 w 3 `x- If 4t LO 0000 i0 b Z z Z Z z Z N o ts- �\ — .� y 14 w Zp � Vol 2015-13 EXHIBIT 661" -Grant of Easement- Document#2012-0094786 Recorded 3/09/2012 [SEE ATTACHED] 2015-13 �R, 2 GO 2 Recorded In Official Records,County of San Berardino 3/0912012 DENNIS DRAEGER 2:09 PM ASSESSOR — RECORDER — CLERK NC •�� RECORDING REQUESTED BY P Counter AND Dock 2012-0094786 Titles: 1 Pages: 12 WHEN RECORDED MAIL TO: I Feee 0.00 Stacey Aldstadt,General Manager T . e.ee l City of San Bemardino Other 0.00 Municipal Water Department PAID so.00 P.O.Box 710 300 North D Street San Bernardino,CA 92402 Project Name: Southgate NO FEE PER GOVERNMENT CODE SECTION 6t03 APN:0136-361-32,33&34 SPACE ABOVE FOR RECORDER'S USE GRANT OF EASEMENT j This Grant of Easement is entered into by and between HW SOUTHGATE, L.P., a California Limited Partnership, hereinafter 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 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 i EXHIBIT"B"ATTACHED AND MADE A PART HEREOF. HW SOUTHGATE,L.P. a California limited partnership By: DTC Phase II,LLC, a Delaware li Red li tty omp, Iy, Its gene artne By: Name Title: senor yice.pmide-nt [signature must be notarized] i 2015-13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE g 1 189 State of California County of l (waAi ` ` On before me, ya1 l31._. &t(AP U OA l�� l�f P_�GI ?twh I G ate Here Insert Name and Title of th - f personally appeared �(a ae,`7 S tae(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s�whose nameW is/are subscribed to the within instrument and acknowledged to me that he%he/then executed the same in his/her/their authorized capacity(iea), and that by his/wer/their signature(* on the instrument the person(e), or the entity upon behalf of which the person(s}acted, executed the instrument. N SIG LEV GIIMI�MIOpIt1t1 I certify under PENALTY OF PERJURY under the „rx iwl1111111try Pal-C81111111111111111111111 laws of the State of California that the foregoing son 86"Or to CoEngr MY Comm.Mira MW S paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above Sign Notary Pub OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Doc itent (' Title or Type of Documental' Document Date: _Number of Pages: Signer(s)Other Than Named Above: Capacity(lies)Claimed by Signer(s) Signer's Name: Signer's Name: I ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual ❑Individual ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner—❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ®2010 Nallonal Notary Association•NatlonalNolary.org•1.800-US NOTARY(1-000-876-6827) Item#5907 2015-13 Project Name: Southgate APN:0136-361-32,33&34 Consent of Lender WELLS FARGO BANK,NATIONAL ASSOCIATION ("Agent"), hereby consents to and subordinates that certain Construction Deed of Trust with Absolute Assignment of Leases and Rents,Security Agreement and Fixture Filing dated March 26,2008 and recorded on April 2,2008 as'Document No. 2008-145378, in the Official Records of San Bernardino County, California, to this Easement. WELLS FARGO BANK,NATIONAL ASSOCIATION,as agent for and on behalf of Wells Fargo Bank,National Association and any and all other financial institutions identified in an Intercreditor Agreement executed by Agent and such Lenders By: WELLS FARGO BANK., NATIONAL ASSOCIATION By: STATE OF TEXAS- § § ss. COUNTY OF DALLAS § is instrumen was ACKN VI�k,ED v D before me o ,20, byy4&illP,vk,_, the of s Far Bank, National Ass Cation, a nations asking association,on behalf of said association, as the Agent for and on behalf of Wells Fargo Bank, National Association and any and all other financial institutions (collectively, " ditor Agreement executed by Agent and such Lenders. doilh JANET G.©AUSHE"Y Notary Public STATE OF TEXAS My Comm.Exp.Nov.04,2014 My Commission Expires: ,���/�� is S of T a ALA Print Name of Notary lic 2015-13 PROJECT NAME:Southgate APN:0136-361-32,33&34 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�7• CGA'k City Clerk Date: c:\Documents and Settings\morrison—sy\Local settings\Temporary Internet Files\Content.Outlook\30NONCY9\Form-Grant of Easement with Bowc on acceptance.doc 2015-13 i EXHIBIT A r (see attached) i i 1 I I 2015-13 PROJECT NAME:SOUTHGATE SHEET 1 OF 5 APN:0136-361-32, 33&34 EXHIBIT "A" WATER EASEMENT LEGAL DESCRIPTION TWO(2) STRIPS OF LAND S1 TUA TED IN A PORTION OF PARCEL 2 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 AND PORTIONS OF LOTS 'A'; "B" AND "C" OF LOT LINE ADJUSTMENT NO. LLA 11-02, RECORDED NOVEMBER 2, 2011 AS DOCUMENT NO. 2011-0456118, OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS: ,EASEMENT NO, 1 30.00 FEET WIDE, THE CENTERLINE DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WITH AND DISTANT 40.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES FROM THE MOST EASTERLY LINE OF SAID LOT "A" WITH THE NORTHERLY LINE OF CENTRAL AVENUE (44.00 FEET HALF- WIDTH) BOTH AS SHOWN ON SAID LOT LINE ADJUSTMENT; THENCE ALONG SAID PARALLEL LINE, NORTH 000 21'02-WEST, 7.50 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 7.50 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM SAID NORTHERLY LINE OF CENTRAL AVENUE, SAID POINT HEREINAFTER REFERRED TO AS POINT A'; THENCE CONTINUING ALONG FIRST MENTIONED PARALLEL LINE, NORTH 000 21, 02' WEST, 173.71 FEET TO A LINE PARALLEL WITH AND DISTANT 28.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF SAID LOT A"; THENCE ALONG LAST SAID PARALLEL LINE, NORTH 200 00'04"WEST, 819.15 FEET; THENCE SOUTH 690 59'56"WEST, 755.10 FEET, THENCE NORTH 650 00'04"WEST, 65.88 FEET; THENCE SOUTH 690 59' 56" WEST, 967.36 FEET TO A LINE PARALLEL WITH AND DISTANT 15.00 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF THAT CERTAIN EASEMENT TO THE CITY OF SAN BERNARDINO, RECORDED JULY 24, 2008 AS DOCUMENT NO. 2008-0337915, OF SAID OFFICIAL RECORDS; THENCE ALONG LAST SAID PARALLEL LINE, NORTH 200 00,05-WEST, 7.89 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID EASEMENT TO THE CITY OF SAN BERNARDINO, SAID POINT BEING THE END POINT OF EASEMENT NO. 1. EXCEPTING THEREFROM THAT PORTION WITHIN SAID EASEMENT TO THE CITY OF SAN BERNARDINO. 2015-13 r PROJECT NAME:SOUTHGATE SHEET 2 OF 5 APN:0136-361-32, 33&34 EXHIBIT "A" WATER EASEMENT LEGAL DESCRIPTION EASEMENT NO,2 15.00 FEET WIDE, THE CENTERLINE DESCRIBED AS FOLLOWS BEGINNING AT ABOVE MENTIONED POINT"A", THENCE ALONG SECOND MENTIONED PARALLEL LINE (BEING A LINE PARALLEL WITH AND DISTANT 7.50 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM SAID NORTHERLY LINE OF CENTRAL AVENUE), NORTH 89°38'58-EAST TO A POINT ON THE SOUTHERLY CURVED LINE OF SAID LOT 'B", SAID POINT BEING THE END POINT OF EASEMENT NO. 2. THE SIDELINES OF SAID EASEMENT NO. 2 SHALL BE PROLONGED OR SHORTENED TO TERMINATE WESTERLY IN THE MOST EASTERLY LINE OF EASEMENT NO. 1 AND TERMINATE EASTERLY IN THE SOUTHERLY CURVED LINES OF SAID LOTS"B"AND"C". EASEMENT NO. 1 AND EASEMENT NO. 2 CONTAINING: 104,751 SQUARE FEET OR 2.405 ACRES MORE OR LESS, SUBJECT TO: COVENANTS, CONDITIONS, RESRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY, IF ANY, DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. 2 - DATE; i .LAND RIAN L. THIENES P.L.S. No. 5750 REG. EXP. 12131113 O r r CD N0. 5750 tmi� EXP.12/31/13 N:1253212532AESM712532J SBMWD.doc OF Lest Update:01110112 2015-13 PROJECT NAME- SOUrHCAT£ EXy�BI T "A SHEET 3 OF 5 APN.- 01.36-361-32, 3.3 & 34 _WATER EASMENT 5th STREET V/C/N 17Y MAP 3RD STREET N.T.S. SAN f?ERNARDINO IK RNATIOAMI HARRY SHEPPARD o AI/iPORT RU NWAY, BLVD. o , �RpQRT " MILL STRIVER. RIVER _ W PALM MEADOWS Pte' DRIVE _ "e gPL & z SAN BERNARDINO AVE. jw�w SAN BERNARDINO ,0 FREEWAY SAN INTERNARMR9/NO RLIN%wAY I' 40� 0 AIRPORT GI' NARO"o i OCR Re O- EX15TINO5f A O 5C p.R• 0 s 92 0079 0 /22 080 NO. N N p p 2'2 o ��co l P 66' 4 Ayj�o 1 1 82 o o��R \ \ �SEMEN7 PRoPoSE� of c MEA00WS OR. W SANTA ANA Ki RIVER J Q " LOCA77ON MAP N.T.S. 2015-13 �J�vNES co D .I W tU \ b W M W IlI a = ^ �� Wow U a W ' ' � Cgs t zho ce o a t %,1 o a 1 ' J a (A) I a °r lot 3 `�� �� a. i I io Z o W6 Lij t`5. v` .bb I W Z c+► CA ( I I V+ n A I Q II � z a� O W Lo Lo y 1 Z y o,in I A H` L2 0. �I'j ~III cn N N ry vUm q o, I I $: . �= --- _ - _ -- ---- �---_ z 9A a 00N V0-9c ic AU 7q I �Q rL 2015-13 PROVECr APN. 0136-361,NAME. .32,T 334& 34 EXHIBIT "/A �� SHEET 5 OF 5 WATER EASMENT LOT rA LOT B -LOT C LOT B LOT D C/L 30' WIDE I I � LLA 11-02, REC. 11/02/2011 I I I EASEMENT NO. 1 / INST. NO. 2011-0456118, O.R. 30 C/L 15' WIDE 40' , EASEMENT NO. 2 POINT "A" I L9 I L7 I P.O.B. 1 CENTRAL A VENUE_ DETAIL 'A" SCALE.• 1"= 80' LINE TABLE EXIS77NO SAN BERNARD/NO L1 N20'00'05"W 25.00' WATER EASEMENT REC. i 0712412008 AS DOC. C L 30 WIDE I L2 N20'00'05"W 7.89' NO. 2008-03,37915, O.R. EASEMENT NO. 1 j L3 S69'59'56"W 967.36' L4 N65'00'04"W 65.88' L5 S69'59'56"W 755.10' I L6 N20'00'04"W 819.15' I L7 N0'21'02'W 7.50' L8 NO'21'02"W 173.71' L9 N89'38'58"E 1404.61' I L1O N89'38'58"E 516.63' PARCEL 2 I L11 N61'28'03"E 847.84' PARCEL MAP NO. 17887 DETAIL 'V _ L12 N70'00'00"E 101.36' P.M.B. 237 / 66--73 SCALE.• !'= 80' 1 ---- - - - --- - - - ------ - - - - ---- - - PREPARED BY EASEMENT AREA: @Thieves Engineering, Inc. INDICATES WATER C1V/1 ENGINEERING•LAND SURVEYING v r/�7,) CON AINST 104,751 SO. F 14349 RRESTONE BOULEVARD 2.405 ACRES t , Ri(71�1- )rAYj714)62>��73 2015-13 Project Name: Southgate APN:0136-361-32,33&34 EXHIBIT"B" CONDITIONS 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 i 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, j 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. 2015-13 1 ATTACHMENT 663" 2 -Quitclaim Deed- 3 (HW Southgate Bldg 3, LLC) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2015-13 Recorded in Official Records,County of San Bernardino 2/1012015 RECORDING REQUESTED Y BOB DUTTON 11:14 AM it Jotk9so� L9 J I, ',e�,�°° � `: ASSESSOR — RECORDER — CLERK SAN a: AND WHEN RECORDED MAIL DOCUMENT TO: �Y y .-( (�AL.0 �c+�' {(�t"� � - E-- t P Counter NAME \ I OF"� r�M j'�f/y�WI/�M"1/'1A"X.'f � ",,A)sC..ph4— S AW` Doc#: 2015—00520$1 Titles: 1 Pages: 17 STREET *"p ��x �0 Fees 73.00 ADDRESS e-���//���5�'51- Other 0.00 CT ZIPCCDETEg J��l /��""r � PAID $73.00 12`toL SPACE ABOVE FOR RECORDER'S USE ONLY Title of Document ..�' AR F � R E F�t C +'1 wy:}tea *^ '` U 3 0' N THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) 2015-13 RECORDING E . Stacey Aldstadt,general manager City of San Bernardino Municipal Water Department P.O.Box 710 300 N.D Street San Bernardino,CA 92402 QC 3:APN 0136-361-36 DOCUMENTARY TRANSFER TAX$ SPACE ABOVE THIS LINE FOR RECORDER'S USE .....Computed on the consideration or value of property converyed;OR ..—Computed on the consideration or value less liens or encumbrances remaining at time of sale QUITCLAIM DEED FOR A VALUBLE CONSIDERATION,receipt of which is hereby acknowledged, City of San Bernardino Hereby remise,release and forever quitclaims to HW Southgate Bldg 3,LLC,a California limited liability company All right,title and interest in and to a portion of Grant of Easement recorded on March 09,2012 as Document No. 2012-0094786 of Official Records of the County of San Bernardino County, a copy of which is attached hereto as Exhibit'1'and made a part hereof within the following described property: LOT B OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT RECORDED NOVEMBER 02, 2011 AS DOCUMENT NO.2011-0456118 OF OFFICIAL RECORDS. Said portion of Grant of Easement described heron in Exhibit"A" and depicted in Exhibit i°B",both made a part herof. Assessor's Parcel Number:0136-361-36 BY: C TY O INO f d r Signature Print Name 64 Title Date MAIL TAX STATEMENTS TO: SAME AS ABOVE 2015-13 ACKNOWLEDGEMENT OF GRANTOR(S): A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA � J� COUNTY OF } S.S. On 2O/jam before me, Notary Public,persona fly appeared / who proved to me on the basis of satisfactory eviden e to be the person(erwhose name(olis/amrlsubscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his/1ei�theG authorized capacity(jes7,, and that by his/her/tlr-< signatureWon the instrument the person;or the entity on behalf of which the person(o'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. Signature SEAL: VALERIE R. MONTOYA .,� Commission# 1985357 Notary Public-California i San Bernardino County D My Comm. Expires Aug 2,2016 2015-13 SHEET 1 OF 1 EXHIBIT "A" WATER LOOP EASEMENT QUITCLAIM THAT PORTION OF A 15.00 FOOT WIDE STRIP OF LAND AS DESCRIBED IN"GRANT OF EASEMENT" RECORDED MARCH 09, 2012, AS DOCUMENT NO. 2012-0094786 OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, LYING WITHIN LOT"B"OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. LLA 11-02, RECORDED NOVEMBER 02, 2011 AS DOCUMENT NO. 2011-0456118 OF OFFICIAL RECORDS OF SAID COUNTY. CONTAINING: 7,351 SQUARE FEET OR 0.169 ACRES MORE OR LESS. SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND RIGHTS-OF-WAY, IF ANY PREPARED UNDER THE DIRECTION OF: LANG T HisG� G BRI N L. THIENES DA * N0. 5750 P.L.S. No. 5750 REG. EXP. 12131115 gj�,OF C N:125321ESM71WATER LOOP-QC-112532 WATER LOOP-QC-3.doc Last Update:081113114 2015-13 OR ES _ ® S 04 \i$ cc co U—j 3 M� I I g� \ �3 Z h Lo INC N \ I 2h� to C:4 \ 0 \ III QW: '- ® Z� I I o W 2 �1 I I h 0 N� E;!4. NO W � 000 , \ , 3 c °z I I 1 kkl z I IM won 4b3 a qS - d --9oNdO�dd/1 W LU IZ 2015-13 N U- Y� cp n g d so N LLJ 3 W pWp pWp W W ��[p'� u7 p�ppp ` O CO M M M N 17 ® OHO = Go coo 0000 z z z z z z N 0 r- co all- HOC C�pf I W W W 3 W 3 O'S f a " Y i0 io M Cf Of Of O O) O Lo Eft 47 O r 3 ? F Q ` in p� 9 J'I � J J J J ma o g u N n W Y` L4 -4 ( W W W = W 3 8 Q p C3 Ypppp M O d �t � 2 to O S O M O CL t ! � rry N S S L S 4 . III ii O�0 b N CCO N 3 t uj 0 W � cNV MM �p •�r N Go N f�Q,�j� ` Q cR t 3 �N C3 O �' f o z C 2 M o; — ,3 •� R x tz� -- , ,z o r - �� Kc o � 4 3 iM ps � a a 3� 1 � v� �,c• � z� � � i 2015-13 EXHIBIT "1" -Grant of Easement- Document#2012-0094786 Recorded 3/09/2012 [SEE ATTACHED] 2015-13 Recorded In Official Records,County of San Bernardino 310912012 PM DENNIS DRAEGER NC 9 ASSESSOR - RECORDER - CLERK �G .,_ T P Counter RECORDING REQUESTED BY AND Doc#: 2012-0094786 r�l°$� 1 Pages: 12 WHEN RECORDED MAIL TO: Fees 0.00 Stacey Aldstadt,General Manager Taxer. e.ae Other City of San Bernardino PAID Municipal Water Department P,O.Box 710 300 North D Street San Bernardino,CA 92402 Project Name: Southgate NO FEE PER GOVERNMENT CODE SECTION 6103 APN:0136-361-32,33&34 SPACE ABOVE FOR RECORDER'S USE GRANT OF EASEMENT This Grant of Easement is entered into by and between HW SOUTHGATE, L.P., a California Limited Partnership, hereinafter 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 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. HW SOUTHGATE,L.P. a California limited partnership By: DTC Phase II,LLC, a Delaware h Red li tty omp y, Its gen artne By: Name r Title: qp *or VicB President [signature must be notarized] 2015-13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT awe COOK 0"" State of California County of 1.c11 t 1�y1 1 ►t':f (�� 1 %(` On before me, ate Here Insen Name and Title of I personally appeared = (' t'1 �,a e(a)a seal who proved to me on the basis of satisfactory evidence to be the persona) whose name* istwe subscribed to the within instrument and acknowledged to me that he%he/*Ay executed the same in his/her/their authorized capacity(L*, and that by his/hv/their signature(* on the instrument the personH, or the entity upon behalf of which the persons}acted, executed the instrument. pauNMNs•lftitYftfll I certify under PENALTY OF PERJURY under the UtlMy t►oeMe-CiNNmie laws of the State of California that the foregoing $ee 80wWims Gel" paragraph is true and correct. My Conan.Ea tae r WITNESS my hand and official seal. Signature: Place Notary Seal Above Stgnat f Notary P OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document: Description of Attached Docyi rent _ Title or Type of Document: C• Lei f I �� Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: 0 Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual ❑Individual ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner—❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: Item#5907 ®2010 National Notary Assoolalion•NationaiNotary.org•1.800-US NOTARY(1.800.878-6827) 2015-13 Project Name: Southgate APN:0136-361-32,33&34 Consent of Lender WELLS FARGO BANK,NATIONAL ASSOCIATION ("Agent"), hereby consents to and subordinates that certain Constriction Deed of Trust with Absolute Assignment of Leases and Rests,.Security Agreement and Fixttge Filing dated March 26,2008 and recorded on April 2,2008 as'Docitment No. 2008-145378, in the Official Records of San Bernardino County, California, to this Easement. WELLS FARGO BANK,NATIONAL ASSOCIATION,as agent for and on behalf of Wells Fargo Bank,National Association and any and all other financial institutions identified in an Intercreditor Agreement executed by Agent and such Lenders By: WELLS FARGO BANK, NATIONAL ASSOCIATION By: STATE OF TEXAS, § ft § ss. COUNTY OF DALLAS § 's insbrumen was ACKN #LED D before me o 20,a bl��.. the of s Far Bank, National Ass ton, a nationa anking association,on behalf of said association,as the Agent for and on behalf of Wells Fargo Bank, National Association and any and all other financial institutions (collectively, rs"1 =-6'T itor Agreement executed by Agent and such Lenders. JAERTY AS My 4,2014 My Commission Expires: MEAN c S of T Prin Name of Notary lie 2015-13 PROJECT NAME:Southgate APN:0136-361-32,33&34 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 City Clerk Date: C:\Documents and Settings\morrison_sy\Local Settings\Temporary Internet Files\Content.outlook\30NONCY9\Form-Grant of Easement with BOWC on acceptance.doc 2015-13 PROJECT NAME:SOUTHGATE SHEET 1 OF 5 APN: 0136-361-32, 33&34 EXHIBIT "A" WATER EASEMENT LEGAL DESCRIPTION TWO(2) STRIPS OF LAND SITUATED IN A PORTION OF PARCEL 2 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 AND PORTIONS OF LOTS 'A" "B" AND "C" OF LOT LINE ADJUSTMENT NO. LLA 11-02, RECORDED NOVEMBER 2, 2011 AS DOCUMENT NO. 2011-0456118, OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS: EASEMENT NO, 1 30.00 FEET WIDE. THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WITH AND DISTANT 40.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES FROM THE MOST EASTERLY LINE OF SAID LOT "A" WITH THE NORTHERLY LINE OF CENTRAL AVENUE (44.00 FEET HALF- WIDTH)BOTH AS SHOWN ON SAID LOT LINE ADJUSTMENT; THENCE ALONG SAID PARALLEL LINE, NORTH 000 21'02"WEST, 7.50 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 7.50 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM SAID NORTHERLY LINE OF CENTRAL AVENUE, SAID POINT HEREINAFTER REFERRED TO AS POINT A THENCE CONTINUING ALONG FIRST MENTIONED PARALLEL LINE, NORTH 000 21' 0211 WEST, 173.71 FEET TO A LINE PARALLEL WITH AND DISTANT 28.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF SAID LOT W, THENCE ALONG LAST SAID PARALLEL LINE,NORTH 200 00'04-WEST, 819.15 FEET; THENCE SOUTH 690 59'56"WEST, 755.10 FEET; THENCE NORTH 650 00'04"WEST, 65.88 FEET; THENCE SOUTH 690 59' 56" WEST, 967.36 FEET TO A LINE PARALLEL WITH AND DISTANT 15.00 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF THAT CERTAIN EASEMENT TO THE CITY OF SAN BERNARDINO, RECORDED JULY 24, 2008 AS DOCUMENT NO. 2008-0337915, OF SAID OFFICIAL RECORDS; THENCE ALONG LAST SAID PARALLEL LINE, NORTH 200 00'050 WEST, 7.89 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID EASEMENT TO THE CITY OF SAN BERNARDINO, SAID POINT BEING THE END POINT OF EASEMENT NO. 1. EXCEPTING THEREFROM THAT PORTION WITHIN SAID EASEMENT TO THE CITY OF SAN BERNARDINO. 2015-13 PROJECT NAME SOUTHGATE SHEET 2 OF 5 APN.01-96-361-32, 33&34 EXHIBIT "A" WATER EASEMENT LEGAL DESCRIPTION EASEMENT NO.2 15.00 FEET WIDE, THE CENTERLINE DESCRIBED AS FOLLOWS, BEGINNING AT ABOVE MENTIONED POINT"A THENCE ALONG SECOND MENTIONED PARALLEL LINE(BEING A LINE PARALLEL WITH AND DISTANT 7.50 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM SAID NORTHERLY LINE OF CENTRAL AVENUE), NORTH 89"38'58-EAST TO A POINT ON THE SOUTHERLY CURVED LINE OF SAID LOT "B" SAID POINT BEING THE END POINT OF EASEMENT NO.2. THE SIDELINES OF SAID EASEMENT NO. 2 SHALL BE PROLONGED OR SHORTENED TO TERMINATE WESTERLY IN THE MOST EASTERLY LINE OF EASEMENT NO. 1 AND TERMINATE EASTERLY IN THE SOUTHERLY CURVED LINES OF SAID LOTS"B"ANO"C': EASEMENT NO. 1 AND EASEMENT NO.2 CONTAINING: 104,751 SQUARE FEET OR 2.405 ACRES MORE OR LESS, SUBJECT TO: COVENANTS, CONDITIONS, RESRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY, IF ANY. DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. 400 % 0 DATE: l Z- `Q�p,—LA Np S RIAN L. THIENES �c,`� l.. T P.L.S. No. 5750 Ct Q- f2 c�4 REG. EXP. 12131113 rn O °- m NO. 5750 w EXP.12/31/13 .� ,9 N;1253212532J%ESM712532J C SBMWD.doc ` ^ �F Last Update:01110112 2015-13 APN/0136-361--.32, 334& 34 EXHIBIT "A » SHEET 3 OF s WATER EASMENT 5th STREEr __. VICINITY MAP 3RD o STREET^ N.T.S. a & SAN 8£RNAR9INO INTERNATIONAL HARRY SHEPPARD a AIRPORT AIRPO r a BLVD. - SUE, "..- MILL ST. PALM ' a MWOWS DRIVE ___ -'�yP�P Z �TON �N z SAN SERNARDINO AVE. SAN BERNARDINO 1p FREEWAY SAN B£ MANNO Y INTERNATIONAL CENlIERLIN/'" DINO i AIRPORT �! 'STING erfm T AS Rp C'0•R' \1107./7 o k. %�a�80 03319'5' ' ''ohs 011 4A�6\1 2 gyp. ,�gg1 NO. 20 N't 0p- Z 8 PROPO��v W 42 PALM MEADOWS E)R _ -� W r SAN TA ANA _ . _ � ��" RIVER j Q LOCATION MAP N.T.S. 2015-13 PROJECT NAME. SOU7HGATE n Is SHEET 4 OF 5 APN.• 0136-361, 32, M 34 EXHIBIT A WATER EASAfENT f SCALE: 1 500, Q I _C/L 30' YAUE °EASEMENT NO. 1 �. CAW ig70E I �f SEE DETAIL B' FOANI S HEET 1 PARCEL MAP N0. 17887 L72 . y� La�G 1 102 09-- {®51� SEE ON DETAIL Ef 1 N �f U I I P.M.B. 237 / 66-73 `pZ,g -0} �N 110 �0� P CA 15' WIDE 1NSS' EASEMENT N0. 2 �0I C I' J__ �►,� A. Le L9 r.—_— ------ --- —+_�— P.O.B. — I ( I CENTRAL AVENUE I NDTF LEGEND.• SEE S1lEET 5 EY7R 0C Tit61tE EASEXE/VT INDICATES CEN7£RLM AREA, DIErNt 1'AND DfETML Ift" OF WATER EASEMENT. SURVEYOR.• oap� lAryp PREPARED BY.• p, yA,QEp VE nSION alm r..j4.4 Thi �,2 j3;jt3Iff �M1RtA4 G1cv41 906tT8 to.t upaan:oi/to/t2 LS. MD 575D �F Cx(ri��@6?1-�Brr ftxj71tf52r-1173 N:\25U\P=J\E0fl\25=—MVkV-2-d" RE& D(P. DEC. 31, 2013 2015-13 B- Of3 61, 32, 33 & 34 EXHIBIT "A:� SHEET 5 OF 5 AP WATER EASMENT LOT�A LOT 8 LOT C , LOT B LOT D I 1 WIDE LLA 1 1-02, REC. 11/02/2011 I I EASEMENT NO. 1 INST. NO. 2011-0456118, O.R. I I 30' C/L 15' WIDE I 40' EASEMENT NO. 2 I POINT " " 7, L I I _ _ L7 I In zn in i P.O.B. _ r CENTRAL A VENUE DETA/L 'A " SCALE: 1= 80' LINE TABLE.• EXISTING SAN BERAMR01NO L1 N20'00'05"W 25.00' WATER EASEMENT REC. 0712412008 AS DOC. C L 30' WIDE , L2 N20'Od'05"W 7.89' I NO. 2008-0337915, O.R. EASEMENT NO. 1 L3 S69'59'56"W 967.36' I L4 N65'00'04'W 65.88' i I 2:5 ! L5 S69'59'56W 755.10' 1 �� L6 N20'00'04'W 819.15' L7 NO.21'02'W 7.50' 2 u= L8 N921'02"W 173.71' L9 N89'38'58"E 1404.61' I I L10 N89'38'58"E 516.63' i ( PARCEL 2 L11 N61'28'03"E 847.84' PARCEL MAP NO. 17887 DETAIL 'B" � - L12 N7900'00"E 101.36' P.M.B. 237 / 66-73 SCALE.' I"= 80' --- - - - - - - - - - - - - - - - - - -- PREPARED BY.• EASEMENT AREA: �ALA E�Thienes Engineerin�q, Inc. INDICATES WATER / j CML ENGINEERING,IANO SU (/EYING �� EASEMENT. ( 14349 FIRESTONE BOULEVARD vLLrll j CONTAINS 104,751 SO. FT X(714 4811 fA7l49lW4173 2.405 ACRES f 2015-13 Project Name: Southgate APN:0136-361-32,33&34 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. 2015-13 1 ATTACHMENT 664" 2 -Quitclaim Deed- 3 (HW Southgate Bldg 3, LLC) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2015-13 Recorded in Official Records,County of San Bernardino 2/10/2015 RECORDING REQUESTED BY BOB DUTTON LB Am ILA.. .Jb*ASOI`I`� zot? ASSESSOR — RECORDER — CLERK SAN AND WHEN RECORDED MAIL DOCUMENT TO; C>kAt7--" A-4-1>S4"yT— � P Counter NAME t-0 b M u alt t e— .,t -,char Doc#: 2015—0052060 Titles: i Pages: 18 STREEY. Fees 76.00 ADORES. �4"? �+ Taxes 0.00 crrr,STAtE a J�' Other ZIP cone �T— yti/p1 �,/r' PRID X76.00 SPACE ABOVE FOR RECORDER'S USE ONLY Title of Document 'T1 I SA Am . ', R C E O RI Ly THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) 2015-13 RECORDING REQUESTED BY: Stacey Aldstadt,general manager City of San Bernardino Municipal Water Department P.O.Box 710 300 N.D Street San Bernardino, CA 92402 QC 4:APN 0136-361-37 DOCUMENTARY TRANSFER TAX$ SPACE ABOVE THIS LINE FOR RECORDER'S USE .....Computed on the consideration or value of property converyed;OR .....Computed on the consideration or value less liens or encumbrances remaining at time of sale QUITCLAIM DEED FOR A VALUBLE CONSIDERATION,receipt of which is hereby acknowledged, City of San Bernardino Hereby remise,release and forever quitclaims to HW Southgate Bldg 3,LLC,a California limited liability company All right,title and interest in and to a portion of Grant of Easement recorded on March 09,2012 as Document No. 2012-0094786 of Official Records of the County of San Bernardino County, a copy of which is attached hereto as Exhibit'I'and made a part hereof within the following described property: LOT C OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT RECORDED NOVEMBER 02, 2011 AS DOCUMENT NO.2011-0456118 OF OFFICIAL RECORDS. Said portion of Grant of Easement described heron in Exhibit "A" and depicted in Exhibit "B, both made a part herof. Assessor's Parcel Number:0136-361-37 BY: C Ty OF S ERNARDINO Signature Cl e_ 1),4 CIS Print Name Title Date MAIL TAX STATEMENTS TO:SAME AS ABOVE 2015-13 ACKNOWLEDGEMENT OF GRANTOR(S): A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFOR A COUNTY OF W-a ,U � '?4 } S.S. !y�_ On �i �/r before me, Notary Public,personally appeared 2 Vi who proved to me on the basis of satisfactory evidence to e the person(<whose name(s' is/azelsubscribed to the within instrument and acknowledged to me that he/sk7tl< executed the same in his/bc<thwif-authorized capacity(** and that by his/llef/Ax-ir signature( n the instrument the personsk,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. Signature VALERIE R. MONTOYA SEAL: ;F" ' Commission# 1985357 z � Notary Public-California i Z 'tom San Bernardino County I D My Comm.Expires Aug 2,2016 2015-13 C0l3t� -3�1 - 3 SHEET IOFI EXHIBIT "A" WATER LOOP EASEMENT QUITCLAIM THAT PORTION OF A 15.00 FOOT WIDE STRIP OF LAND AS DESCRIBED IN "GRANT OF EASEMENT'RECORDED MARCH 09, 2012 AS DOCUMENT NO, 2012-0094786 OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, LYING WITHIN LOT "C OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. LLA 11-02, RECORDED NOVEMBER 02, 2011 AS DOCUMENT NO. 2011-0456118 OF OFFICIAL RECORDS OF SAID COUNTY. CONTAINING: 13,092 SQUARE FEET OR 0.301 ACRES MORE OR LESS. SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND RIGHTS-OF-WAY, IF ANY PREPARED UNDER THE DIRECTION OF: LAND T ysG�y F � �� �� X05 0- m cn * 8 AN L. THIEVES DATf NO. 5750 P.L.S. No. 5750 REG. EXP. 12131115 qTF�F C N:125321ESW(WATER L00P-QC-112532 WATER LOOP-QC-4.doc Last Update:081113114 2015-13 Lv � `fOR* 5J ES d'p ' 7 \ i � I 5 v 10, N.091 \ � 12 C14 \� IW W h W � o rho \ 0 II vi ® z . � I 0 co In f v C) ,�� Cy7 , ) moo q OR i-- -- UA V -9ONb'O-9ddLL ca 3 Z 2015-13 C N W c Lij t • • a f • o co�pp °chi popp Q�p ~ M 400 M 00 r7 w N .rl O O cW 0G0 0c0 0000 000 z z z I z z z ui r7 d a0 c MM 00 In ZZW to I-'Go to Of \ _N 0G0 �J M tOD O�1 co OD O \\ 0= Vo w w w 3: w 3 �� _ • \ 3 \N z � In r I . \ G 00 W 2 P LO S Ln O \ 3 tU N � O] CAD two N \ L CC 10 � '�V z z z z z z �{ \ \ O J 1� 'Ib` O r N � Z J J J J w (16,6 \ \\ w M CR eqq °O L°n cq ` LO C O N N 1� oftft tij W W W 3 W 3 Q Ir1.1, �5 Z_ p O O O M O O Q \ W M co S S S LLI OJ \ Z3 O to b N t�0 N ce W Z Qr I Z Z Z Z Z O (� CIO Z J J J J tJ0 � C4p� 3 4a)$ LOf I _LI 0 o J J 3 CU N I (� LLJ ca M D: �W c Q J W -3 CL13 o o� tali 10- VIN I �e I �►�"? try 2�I � 2 � s 2015-13 EXHIBIT "1" -Grant of Easement- Document#2012-0094786 Recorded 3/09/2012 [SEE ATTACHED] 2015-13 Recorded In Official Records,County of San Bernardino 3/09/2012 DENNIS DRAEGER 2:09 PM NC H ASSESSOR - RECORDER - CLERK P Counter RECORDING REQUESTED BY AND Doc#: 2012-0094786 Titles: 1 Pages: 12 WHEN RECORDED MAIL TO: Fees 0.00 Stacey Aldstadt,General Manager Taxes 0.00 City of San Bernardino other 0.00 Municipal Water Department PAID $0.00 P.O.Box 710 300 North D Street San Bernardino,CA 92402 Project Name: Southgate NO FEE PER GOVERNMENT CODE SECTION 6103 APN:0136-361-32,33&34 SPACE ABOVE FOR RECORDER'S USE GRANT OF EASEMENT This Grant of Easement is entered into by and between HW SOUTHGATE, L.P., a California Limited Partnership, hereinafter 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 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. HW SOUTHGATE,L.P. a California limited partnership By: DTC Phase II, LLC, a Delaware li 'ted li lty omp y, Its gen !jaartne By: Name Title: Senior Vice P eident [signature must be notarized] 2015-13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CnnL CODE s 1180 State of California County of z—M Po li'16 nrli i7(- { L + 1 On � before me, l�Q r�,(1 08 l� i� ritDU�)(G Date ,( Here Insert Name and Title of th r , personally appeared ��hn � I"t T s)of We'(* who proved to me on the basis of satisfactory evidence to be the person*whose name* istam subscribed to the within instrument and acknowledged to me that heAOle/they- executed the same in his/her/theW authorized capacity(iea), and that by his/liar/their signatures} on the instrument the person(&), or the entity upon behalf of which the - person(*acted, executed the instrument. NN� iDililifiiatlalon•1Af1 1 certify under PENALTY OF PERJURY under the N"D Fdit-Odlemb laws of the State of California that the foregoing $e"9URItSns CVAb paragraph is true and correct. My Comm.Emu"1"Imm"161 WITNESS my hand and official seal. Signature: Place Notary Seal Above sipna t Notary Pub OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: L L} trW Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): FI Individual - a ❑Individual ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner—❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator O Other: ❑Other: Signer Is Representing: Signer Is Representing: ®2010 National Notary Aseaciation•NaOonelNOtary.orp•t-800-US NOTARY(t-B00-B78-8827) Nam N5907 2015-13 Project Name: Southgate APN:0136-361-32,33&34 Consent of Lender WELLS FARGO BANK,NATIONAL ASSOCIATION ("Agent'), hereby consents to and subordinates that certain Construction Deed of Trust with Absolute Assignment of Leases and Reafs,.Security Agreement and Fixtup Filing dated March 26,2008 and recorded on April 2,2008 as'Docitment No. 2008-145378, in the Official Records of San Bernardino County, California, to this Easement. WELLS FARGO BANK,NATIONAL ASSOCIATION,as agent for and on behalf of Wells Fargo Bank,National Association and any and all other financial institutions identified in an Intercreditor Agreement executed by Agent and such Lenders By: z6:4 WELLS FARGO BANK, NATIONAL ASSOCIATION By: J1e4 17La/ L41 STATE OF TEXAS, § § ss. COUNTY OF DALLAS § s ins en was ACKN y&ED D before me o ,20,a bey..A91r1d&NA--1 the of s Far Bank, National Ass cation, a nationalYankidg association,on behalf of said association, as the Agent for and on behalf of Wells Fargo Bank, National Association and any and all other financial institutions (collectively, " ' in an itor Agreement executed by Agent and such Lenders. JANET S.DAU6HlR7Y Notary Public STATE OF TEXAS My Comm.Exp..Nov.04,2014 My Commission Expires: is =Notar_y#P1iC Print Name of 2015-13 PROJECT NAME:Southgate APN:0136-361-32,33&34 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 City Clerk Date: 2 �i a U 2.. C:\Documents and Settings\morrison—sy\Local Settings\Temporary Internet Files\Content.outlook\30NONCY9\Form-Grant of Easement with BOWC on acceptance.doc 2015-13 EXHIBIT A (see attached) 2015-13 PROJECT NAME.SOUTHGATE SHEET 1 OF 5 APN.0136-361-32, 33&34 EXHIBIT "A" WATER EASEMENT LEGAL DESCRIPTION TWO (2) STRIPS OF LAND SITUATED IN A PORTION OF PARCEL 2 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 AND PORTIONS OF LOTS "A`, "B" AND "C" OF LOT LINE ADJUSTMENT NO. LLA 11-02, RECORDED NOVEMBER 2, 2011 AS DOCUMENT NO. 2011-0456118, OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS- EASEMENT NO. 1 30.00 FEET WIDE, THE CENTERLINE DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WITH AND DISTANT 40.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES FROM THE MOST EASTERLY LINE OF SAID LOT "A" WITH THE NORTHERLY LINE OF CENTRAL AVENUE (44.00 FEET HALF- WIDTH)BOTH AS SHOWN ON SAID LOT LINE ADJUSTMENT; THENCE ALONG SAID PARALLEL LINE, NORTH 000 21'02"WEST, 7.50 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 7.50 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM SAID NORTHERLY LINE OF CENTRAL AVENUE, SAID POINT HEREINAFTER REFERRED TO AS POINT'A'; THENCE CONTINUING ALONG FIRST MENTIONED PARALLEL LINE, NORTH 000 21' 02" WEST, 173.71 FEET TO A LINE PARALLEL WITH AND DISTANT 28.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF SAID LOT"A'; THENCE ALONG LAST SAID PARALLEL LINE, NORTH 200 00'04-WEST, 819.15 FEET; THENCE SOUTH 69°59'56"WEST, 755.10 FEET; THENCE NORTH 65°00'04"WEST, 65.88 FEET; THENCE SOUTH 690 59' 56" WEST, 967.36 FEET TO A LINE PARALLEL WITH AND DISTANT 15.00 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF THAT CERTAIN EASEMENT TO THE CITY OF SAN BERNARDINO, RECORDED JULY 24, 2008 AS DOCUMENT NO. 2008-0337915, OF SAID OFFICIAL RECORDS; THENCE ALONG LAST SAID PARALLEL LINE, NORTH 20°00'05- WEST, 7.89 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID EASEMENT TO THE CITY OF SAN BERNARDINO, SAID POINT BEING THE END POINT OF EASEMENT NO. 1. EXCEPTING THEREFROM THAT PORTION WITHIN SAID EASEMENT TO THE CITY OF SAN BERNARDINO. 2015-13 PROJECT NAME:SOUTHGATE SHEET 2 OF 5 APN.0136-361-32, 33&34 EXHIBIT "A" WATER EASEMENT LEGAL DESCRIPTION EASEMENT NO.2 .15.00 FEET WIDE THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT ABOVE MENTIONED POINT"A'; THENCE ALONG SECOND MENTIONED PARALLEL LINE(BEING A LINE PARALLEL WITH AND DISTANT 7.50 FEET NORTHERLYY, MEASURED AT RIGHT ANGLES FROM SAID NORTHERLY LINE OF CENTRAL AVENUE), NORTH 89°38'58"EAST TO A POINT ON THE SOUTHERLY CURVED LINE OF SAID LOT "B" SAID POINT BEING THE END POINT OF EASEMENT NO.2. THE SIDELINES OF SAID EASEMENT NO. 2 SHALL BE PROLONGED OR SHORTENED TO TERMINATE WESTERLY IN THE MOST EASTERLY LINE OF EASEMENT NO 1 AND TERMINATE EASTERLY IN THE SOUTHERLY CURVED LINES OF SAID LOTS"B"AND"C'. EASEMENT NO. t AND EASEMENT NO, 2 CONTAINING: 104,751 SQUARE FEET OR 2.405 ACRES MORE OR LESS. SUBJECT TO: COVENANTS, CONDITIONS, RESRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY, IF ANY DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. 2 • DATE: I l l Z pNP�LANp S RIAN L. P.L.S. No. 5750 REG. EXP. 12131113 °- m N0. 5750 N EXP.12/31/13 Q N.1253212532AESM712532J SBMWD.doc �QF CA,\�C Last Update:01110112 2015-13 PROJECT NAME SOUTHGATE EXHIBIT "A !� SHEET 3 OF 5 APN: A 136-361-32, 33 & 34 WATO EASMENT stn STREET !/lC/NI7Y MAP a STREET 3RD a ` SAN 8£0AROIA10 INTERNATIONAL HARRY SHEPPARDig NRPOIIT NIA sea A►�?°Rr RU BLw. �- 117 ` .-..— ISM MILL ST. PALM MEADD /��P P p ' 'rn w DRIVE _ SPA' s `` SAN BERNARDINO AVE. d mw a SAN BERNARDINO FREEWAY SAN 1 AN DING RL�NNI�Y� AIRPORT GN" NAR01N0 N NR RED, ISTINO SAN NT A5 OOC.0 R o2�Z0.1k. \ EWATERb 2008 357g15, \ a?/22Qp8,0 1 2110 p�GE��Pp N66.1� N0 N�• FJ�$EME pROPo$ED o� c PALM MEADOWS CSR. V � (0 _ SANTA ANA 4 .�--- - --�-� R � i/ER J Q � o LOCATION MAP N.T.S_ 2015-13 0 OR - , o w I I I j ti � N e o ! _ in I w h ° aw I Z g z ! I o N o CL J w W N Qo WUw ... ._ e Q oo a w 3 x5 � 4 III •: �O CY N a6 a Y III o Q1 N W o +► I I WW WN 3= �� a N Nj I I Q V C U P, co cm d z b' ~-9ONVO-9d©I/1 =� �q � 2015-13 APNJ 0136-361,souTHGATE 333 do 34 EXHIBIT "A SHEET 5 OF 5 WATER EASMENT f LOT�A LOT B LOT C LOT 8 LOT D I C/L 30 WIDE ' LLA 11-02, REC. 11/02/2011 I EASEMENT NO. 1 / INST. NO. 2011-0456118, O.R. 30 C/L 15' WIDE 40 EASEMENT NO. 2 I POINT "A" / I I f I I -_-L7 F - -_—P.-0.8-. - - - in C irEn` VENUE -E _N-U—ENR - - - -- - - - DETAIL SCALE. 1'- 80' - - -_L- /N-E-- A-B-E L' -- ---� I I EXISnNG SAN 8ERNAROINO L1 N20'00'05"W -25.00' WATER EASEMENT REC. 0712412008 AS DOC. C/L 30' WIDE L2 N20'00'05"W 7.89' NO. 2008-0337915, O.R. EASEMENT N0. 1 L3 S69'59'56'W 967.36' I i L4 N65'00'04'1N 65.88' 25' \ L5 S69'59'56'W 755.10' L6 N20'00'04'W 819.15' r, L7 NO'2l'02"W 7.50' L8 NO'21'02"W 173.71' L9 N89'38'58"E 1404.61' I L10 N8W38'58"E 516.63' PARCEL 2 ( L11 N61'28'03"E 847.84' l PARCEL MAP NO. 17887 DETAIL ",g„ -- " L12 N70'00 QO E 101.36 P.M.B. 237 / 66-73 SCALE- 1"= 80' --- - - -- - - - - - - - - - - - - --- - PREPARED BY.' EASEMENT AREA: Thieves Engineering, Inc. INDICATES WATER CIVIL ENGINEERING•LAND SURVE?9NG EASEMENT. f 4349 FIRESTONE BO 1 CONTAINS. 104,751 SO. CRES f LA M/RA64, CALIFl1RNIA 90638 iMj(n4)5,?j_48j1 FAX(714)V1-41M 2015-13 Project Name: Southgate APN:0136-361-32,33&34 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.