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HomeMy WebLinkAbout05.L- Public Works 5.L RESOLUTION (ID # 3620) DOC ID: 3620 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Easement From: Tony Frossard M/CC Meeting Date: 01/20/2015 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 Quitclaim Deeds to George Carson LLC, HW Southgate Bldg 2, LLC, and HW Southgate Bldg 3, LLC, for an Existing Waterline Easement, located on Private Property North of Central Avenue, East of Tippecanoe Avenue. (#3620) Current Business Registration Certificate: Not Applicable Financial Impact: None. Motion: Adopt the Resolution. Synopsis of Previous Council Action: None. Background: In 2012, the San Bernardino Municipal Water Department (Water Department) entered into an agreement with Hillwood Group (Hillwood) for installation of a temporary 16" pipeline to serve two new industrial buildings at the east end of Central Avenue. The temporary pipeline was constructed to provide water service pending completion of the Mountain View Bridge across the Santa Ana River. In late 2013, the Mountain View Bridge was constructed along with a permanent 16" pipeline, making the temporary pipeline and associated easement unnecessary. Hillwood subsequently requested abandonment of the 16" temporary pipeline and Water Department staff completed work to abandon the pipeline in early 2014. With the pipeline abandonment complete, Hillwood has requested that the 2012 easement for the temporary pipeline be quitclaimed back to the current land owners. The attached resolution authorizes the execution of Quitclaim Deeds to George Carson LLC, HW Southgate Bldg. 2, LLC, AND HW Southgate Bldg. 3, LLC. Each of the current owners will be responsible to pay for all recording fees, if any. City Attorney Review: Supporting Documents: Water Board Memo (PDF) Resolution (DOC) i in��+o,a• I11'Vonlr, h„ W--- Packet Pq. 471 5.L 3620 Reso - Attachment 1 (PDF) Reso - Attachment 2 (PDF) Reso - Attachment 3 (PDF) Reso - Attachment 4 (PDF) D—L—+ Dn A79 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT BOARD OF WATER COMMISSIONERS STAFF REPORT TO: Stacey R.Aldstadt, General Manager m FROM: Matthew H. Litchfield a SUBJECT: APPROVAL TO QUITCLAIM AN EXISTING EASEMENT LOCATED Z NORTHEAST OF THE CORNER OF CENTRAL AVENUE AND in TIPPECANOE AVENUE (EPN 2011-002) a� DATE: October 8, 2014 E m N COPIES: Greg Gage (w/o attach), Sydney Morrison (w/originals), Sally Duran (w/attach) w 0 as �a BACKGROUND: 0 In 2012, the San Bernardino Municipal Water Department (Department) entered into an agreement E with the Hillwood Group (Hillwood) for installation of a temporary 16" pipeline to serve two (2} new industrial buildings at the east end of Central Avenue. The temporary pipeline was constructed to provide water service pending completion of the Mountain View Bridge across the Santa Ana y CY River. In late 2013, the Mountain View Bridge was constructed along with a permanent 16" 0� pipeline, making the temporary pipeline and associated easement unnecessary. a 0 Hillwood subsequently requested abandonment of the 16" temporary pipeline and Department staff M completed work to abandon the pipeline in early 2014. With the pipeline abandonment completed, 0 Hillwood requested that the easement for the temporary pipeline be quitclaimed back to the current E m land owners. Hillwood subsequently submitted quitclaim easement documents for the four (4) affected parcels to 0 In the Department in September 2014. Engineering staff and the City's Real Property section have reviewed these documents and found them to be acceptable for recordation. RECOMMENDATION: a E It is recommended that the Board of Water Commissioners consider the following motions for m approval: • Approve the Quitclaim Deed to George Carson, LLC, a California Limited Liability Company within the property known as APN 0136-361- 30 and 38, and as described in the easement document, and authorize the Secretary to submit the Quitclaim Deed to the Mayor and Common Council for approval and recordation. Agenda Item Packet P9.473 Stacey R. Aldstadt, General Manager Page 2 October 8, 2014 SUBJECT: APPROVAL TO QUITCLAIM AN EXISTING EASEMENT LOCATED NORTHEAST OF THE CORNER OF CENTRAL AVENUE AND TIPPECANOE AVENUE (EPN 2011-002) • Approve the Quitclaim Deed to HW Southgate Bldg. 2, LLC, a r e known as a� hin the o California Limited Liability Company wl:t property riY � APN 0136-361-39, and as described in the easement document, and 3 0 authorize the Secretary to submit the Quitclaim Deed to the Mayor and m Common Council for approval and recordation. d E LLC, a • Approve the Quitclaim Deed to HW Southgate Bldg. 3, N California Limited Liability Company within the property known as w APN 0136-361-36, and as described in the easement document, and authorize the Secretary to submit the Quitclaim Deed to the Mayor and Common Council for approval and recordation. � 4- LLC a 0 • Approve the Quitclaim Deed to HW Southgate Bldg. 3, E California Limited Liability Company within the property known as APN 0136-361-37, and as described in the easement document, and authorize the Secretary to submit the Quitclaim Deed to the Mayor and Common Council for approval and recordation. W a Respectfully submitted, o N M O E Matthew 1A. Li ch fteld,P.E. Director,Water Utility 0 m MI H,:MN:jmt aD Attach. `0 w c m E .c 0 r Q WA3010 WU Admit ustra tion\Board 14 lemosWasements\Southgate Temporary Loop Quitclaim Board Memo 10-14.doc Packet Pg.474 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 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 AVENUE, EAST OF TIPPECANOE AVENUE. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE a, 7 CITY OF SAN BERNARDINO AS FOLLOWS: 0 8 U) 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 y 10 W 11 California Limited Liability Company, for an existing Water Pipeline Easement located L 12 within private property north of Central Avenue, east of Tippecanoe Avenue, known as cc 13 Assessor's Parcel Number 0136-361-40, more specifically described in said quitclaim deed, a 0 E 14 —° copy of which is attached hereto as Attachment"1" and made a part hereof. r 0 15 v SECTION 2. That the Mayor of the City of San Bernardino is hereby authorized and Cn 16 n: directed to execute on behalf of the City, a quitclaim deed to HW Southgate Bldg 2, LLC, a 17 0 N 18 California Limited Liability Company, for an existing Water Pipeline Easement located 0 19 within private property north of Central Avenue, east of Tippecanoe Avenue, known as 0 20 Assessor's Parcel Number 0136-361-39, more specifically described in said quitclaim deed, a X 21 copy of which is attached hereto as Attachment "2" and made a part hereof. 22 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 Packet Pq.475 said quitclaim deeds, copies of which are attached hereto as Attachment 'T' and Attachment 2 "4", and both are made a part hereof. 3 4 5 6 7 0 8 Cn C 9 0 E 10 w 11 = •L 12 cc 13 0 E 14 r 15 � Cn 16 a. 17 0 N 18 �- C 19 0 20 21 E 22 23 a 24 25 26 27 28 Packet Pg.476 5.L.b 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 meeting 5 6 thereof, held on the day of , 2015, by the following vote, to wit: a� r M M 7 Council Members: AYES NAYS ABSTAIN ABSENT w 3 O 8 N MARQUEZ r 9 E BARRIOS 10 w 11 VALDIVIA L 12 SHORETT 13 NICKEL ° E 14 JOHNSON 15 MULVIHILL Cn 16 n: 17 N 18 Georgeann Hanna, City Clerk `v 19 The foregoing resolution is hereby approved this day of , 2015. 0 20 21 R. CAREY DAVIS, Mayor 22 City of San Bernardino R 23 Approved as to form: Q 24 GARY D. SAENZ, City Attorney 25 By: 26 27 28 Packet Pg.477 5.L.b 1 ATTACHMENT "1" 2 -Quitclaim Deed- 3 (George Carson, LLQ 4 5 6 7 O 8 c 9 E w 10 w CD 11 � �i 12 Cu 13 ° E 14 15 16 a 17 N CD 18 O O 19 0 20 21 E 22 f3 23 a 24 25 26 27 28 Packet Pg. 478 5.L.b 1 ATTACHMENT "2" 2 -Quitclaim Deed- 3 (HW Southgate Bldg 2, LLC) 4 5 6 7 0 8 c 9 m 10 w 0 11 c •L 12 4- 13 0 E 14 15 Cn 16 nom. 17 N 18 19 0 20 21 E 22 Y M 23 a 24 25 26 27 .� 28 Packet Pg.479 l war ----- MON. 5.L.b 1 ATTACHMENT "Y' 2 -Quitclaim Deed- 3 (HW Southgate Bldg 3, LLC) 4 5 6 7 O 8 e 9 E 10 w 11 ,L 12 w 13 ° E 14 15 Cn 16 a 17 N to 18 O 19 O 20 N 21 r_ E 22 U f4 23 Q 24 25 26 27 28 Packet Pg. 480 l 5.L.b 1 ATTACHMENT "4" 2 -Quitclaim Deed- 3 (HW Southgate Bldg 3, LLC) 4 5 6 7 0 8 9 0 10 w m 11 'L 12 13 0 E 14 r 15 Cn 16 a 17 N 18 -� 19 O 20 21 E 22 t6 23 Q 24 25 26 27 28 Packet Pg. 481 5.L.c 1 2 ATTACHMENT "1" 3 -Quitclaim Deed- 4 (George Carson, LLC) 5 s 6 0 Cn 7 _ 8 E m 9 w d 10 - •L 11 � 12 E 13 14 15 16 N 17 18 19 Y a 20 0 21 22 23 24 a 25 26 27 28 Packet Pg. 482 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 a, QC 1:APN 10136-361-40 I)OCUNII.NTAItY'I'ItANSI�GR TAX S SPACE AHOVE THIS LING FOR RECORDER'S USE c ...Computed on the consideration or value of property conveyed;OR N ....Computed on the consideration or value less liens or encumbrances = remaining at time of sale G) QUITCLAIM DEED to FOR A VALUBLE CONSIDERATION,receipt of which is hereby acknowledged, w a� c City of San Bernardino y r Hereby remise,release and forever quitclaims to 0 George Carson,LLC,a California limited liability company E 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 CY Exhibit`1' and made a part hereof within the following described property: to LOT I OF CERTIFICATE OF COMPLIANCE FOR LOT MERGER RECORDED FEBRUARY 27, 2014 AS n. DOCUMENT N0.2014-0076360 OF OFFICIAL RECORDS. 0 N Said portion of Grant of Easement described heron in Exhibit"A" and depicted in Exhibit"B", both made a part M hereof. c Assessor's Parcel Number: 0136-361-40 d E t BY: CITY OF SAN BERNARDINO a 0 U) as Signature c m E Print Name Q Title Date MAIL TAX STATEMENTS TO:SAME AS ABOVE Packet Pg.483 S.L.c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, Oale� ^ Nero loser!Name and Tdle at 1 e Cer � personally appeared Nama(e)of 5lgner(e) O to C who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized w capacity(ies), and that by his/her/their signatures) on the c instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws o of the State of California that the foregoing paragraph is E true and correct. .2 U WITNESS my hand and official seal. ' 0 Cn Signature Moe Notary Seal Above Signature of Notary Publk o. OPTIONAL Though the Information below is not required by law,It may prove valuable to persons relying on the document N and could prevent fraudulent removal and reattachment of this form to another document. M Description of Attached Document v Title or Type of Document: Document Date: Number of Pages: E v Signer(s)Other Than Named Above: Q Capaclty(ies) Claimed by Signer(s) o rn w Signer's Name: Signer's Name:---- El Individual ❑ Individual = ❑ Corporate Officer—Title(s): _ ❑Corporate Officer—Title(s): ❑ Partner—❑Limited ❑ General . ❑Partner—❑Limited ❑General _ ❑ Attorney in Fact • C]Attorney in Fact • css El Trustee Top of thumb here 11 Trustee Top of thumb here Q ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other:®— ❑Other: Signer Is Representing: Signer Is Representing: �i 0200)Netbnel Notary ASOdelon•90De Soto Aye.P.O.Box 2402•Chata orih,CAg1313-2402•wvwNallmalNola rtorg ItamN5907 Reorder.Ca1Tor,Ree1-800-8766827 Packet Pg. 484 S.L.c � G SHEET 1 OF 1 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. ; rn CONTAINING: 11,254 SQUARE FEET OR 0.258 ACRES MORE OR LESS. 0 SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND RIGHTS-OF-WAY, IF ANY E a� w PREPARED UNDER THE DIRECTION OF; c F vn o E BRIAV L. THIEVES DAT * N0. 5750 P.L.S. No. 5750 REG. EXP. 12/31 115 �1 (j tr a N:125321ESMnWATER LOOP-QC-112532 WATER LOOP-QC-1.doc Last Update:081113114 0 N tD M r aw C E V R Q O N O y E U Q Packet Pg. 485 l �VE�OR*b� �1ES Iv a Ce I Q ui lz W g I I I � 1 E -�- t��tr- w Oti 0, �„ I I ! 6 V ft*ft Lail /.,� � Co 00 1 Zo o � � III o � �C o W N � M I E N , I I Q d �oNda�ddtt Packet Pg.486 S.L.c N 4 ' U c�0 n UN to y n 00 � 3 W W W W W C.D_ s • 400 000 803 • i N M M M M n aJ M C 000 000 000 w w o Z Z Z Z Z Z \tS o o C-4 M -o°DO ° � to cc ro to of ( s M w rn ca n o Ftt a -'' W W W 3 W 3 92E � • a s s s • d Lai i3 In p O O O iC w 4m 03 F pp L! _ Ill o LO O LU Z Z Z Z Z Z o ° N J J J 4- S IS '° : J o w U a w 1� `\ �{ 000 M o I C { Z + Gs 1 to r �- L6 N f� to Co H O N � rQ OC \ RSA i G:J 00 M d It e! C. M Cr � ' V ,. Q d w c► \ c3 �� 1 ` sz °s UM '31 W -o ^ N N '• 3 a � OQ^Z� Rt W W a4 Packet Pg.487 EXHIBIT "I" Y -Grant of Easement- c Document#2012-0094786 O Recorded 3/09/2012 y c d E as [SEE ATTACHED] w as a� Y O E CY Y N Q: a 0 N M r Y _ N E V R Y Y Q O N N Q' r _ N E t V O Y Y Q Recorded In Official Reoords,County of San Bernardino 3100012 9 PM DENNIS DRAEGER NC .sue. R ASSESSOR — RECORDER — CLERK P Count er t. RECORDING REQUESTED BY AND DOC#: 2012--0094786 Titles: 1 Pages: 12 WHEN RECORDED MAIL TO: Fees e.ee Stacey Aldstadt,General Manager loxes 0.00 City of San Bemardino Other e.ee Municipal Water Department PAID se.e P.O.Box 710 d 300 North D Street M San Bernardino,CA 92402 t Project Name: Southgate NO FEE PER GOVERNMENT CODE SECTION 6103 O APN:0136-361-32,33&34 tn SPACE ABOVE FOR RECORDER'S USE r c GRANT OF EASEMENT E This Grant of Easement is entered into by and between HW SOUTHGATE, L.P., a California w Limited Partnership,hereinafter referred to as Grantor, and the City of San Bernardino, hereinafter = referred to as Grantee. r 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, o reconstruct, maintain, alter, enlarge, inspect, repair and replace underground pipelines for the E transportation of water, and all pipes, conduits, manholes, structures and equipment necessary or M 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. C3 cn 1r THIS EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS AS SHOWN ON o: EXHIBIT"B"ATTACHED AND MADE A PART HEREOF. 0 N cc M r HW SOUTHGATE,L.P. c a Califomia limited partnership E By: DTC Phase II,LLC, R a Delaware li ticd li tty omp y, a Its gen artn'e}ry C W d By. c m Name John--M—Magness - M Title: --d�i,ar Vire Prpc;dent 4 [signature must be notarized] Packet Pg.489 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Cnm 0006 6 1189 State of California County off1LL-E On before me, _ tl'G n10 Here Insert Namo and Title o111rk ti r personally appeared Uhf��! i a ro(o}of r+�nnr(s) Q in t , C who proved to me on the basis of satisfactory E evidence to be the persons} whose name(e) Wafe subscribed to the within instrument and acknowledged to me that he% r he/the executed the same in W his/he#their authorized capacity(iee), and that by S his/kw/their signatures} on the instrument the person(e), or the entity upon behalf of which the persons}acted, executed the instrument. � �31All ltll U Y C iar!1119 ill I certify under PENALTY OF PERJURY under the E 'PubCC"C laws of the State of California that the foregoing .2 Sent Bomerttltts cmly V M9 C0MM, r1 mug I i 16" paragraph is true and correct. WITNESS my hand and official seal. Signature: t Place Notary Seel Above signal #Notary Puh1• OPTIONAL o „" N Though the information below is not required by law,it may prove valuable to persons relying on the document z and could prevent fraudulent removal and reattachment of this loan to another document Description of Attached Document Title or Type of Document: (, ( _ m Document Date: Number of Pages: U Signer(s)Other Than Named Above: --- Capacity(ies) Claimed by Slgner(s) d Signer's Name: Signer's Name: . O Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual ❑Individual t ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner—71 Limited ❑General Top of thumb here ❑ Attorney In Fact ❑Attomey in Fact ❑ Trustee ❑Trustee Y ❑ Guardian or Conservator ❑Guardian or Conservator Q ❑ Other. ❑Other: Signer Is Representing: Signer Is Representing: f2010 National Notary Association•NellanalNolary.org•1.600-US NOTARY(1-600878-8827) . Item 05807 Packet Pg.490 1 5.L.c Project Name: 5outhpte APN:0136-361-32,33&34 C MgmA of Leader WELLS FARGO BANK,NATIONAL ASSOCIA1110N("Age st'% he thy consents to and subordinates that certain Constriction Deed of Trust wA Absolute Assignmmt of Leases and Rents,.Security Agreement and Fiictule Filing elated +mh 26,2008 and recorded on April 2,2008 as'Doebment No. 2008-145378, in t&e OfficW Rrwcds of San Ben urdino County, California, to s this Easement. WELLS FARGO BANK,NATIONAL A5SOMAT10N,as O ' agent far and on bee att'arf Walla Fargo Bmk,National Assoc is an and my and all ad=1iamcial ko itutions identified in an hdcrcreditar Agrccmmit cwcuftd by Agent E and such Lcmdm w B,, c C! r 4- O WELLS FARGOBAW, E NATIONAL ASSOCIATION .i V y., ... O B' C< ' rl3 Q' a o: STATE OF TEXAS- § 04 COUNTY OF DALLAS § is iq�,as CKN VBII I?b cfare rr 1 ,2t# p ,bye-.1s Far 13a ., National Ass tatiorr, a nationsking assooiation,an behalfc►f said assoa iatioa6 as dw Agent for and oR behalf of Wells U Fargo Bank, National Association and xay surf all o&w fmaaiciai. ire (collectively, 'A"aalnLi cc editor Agmemcmd acute by Age sad sash Ltamders. Q JANET B.DAUGHERTY N Notary Pubtic STATE OF TEXAS My Comm.EMp.Nov.04,204 N E My Commission Expires: ro S o'T r Pain Name ofNutary lie Packet Pg. 491 , 5.L.c f 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. s 0 CITY OF SAN BERNARDINO LUa� nz City Clerk r � , 0 Date: �,� r U I2, o E U (n a 0 tV W M r Y E U f4 r.+ Q O N N r C E U t6 Q C:\Documents and Settings\morrison_sy\Local Settings\Temporary Internet Files\content.outlook\30NONCY9\Form-Grant of Easement with HOWC on acceptance.doc Packet Pg. 492 I EXHIBIT A (see attached) a� r r O Cn C 0 E c� w a� c •L Q1 r O s E U r .O CY a 0 N t0 M r r C d t V t4 r r Q O to O C N t U r Q 5.L.c PROJECT NAME:SOUTHGA TE SHEET 1 OF 5 APN:0136-361-32, 33&34 EXHIBIT "A rr a� WATER EASEMENT ,LEGAL DESCRIPTION c 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 w PORTIONS OF LOTS "A"' "B" AND "C" OF LOT LINE ADJUSTMENT" NO. LLA 11-02, _ RECORDED NOVEMBER 2, 2011 AS DOCUMENT NO, 7.011-0456116, OF OFFICIAL L RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS: Q1 ASEMENT NQ, 1 30.00 FEET WIDE. THE CENTERLINE DESCRIBED AS-FOLLOWS: E BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WITH AND DISTANT 40.00 F 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- a WIDTH)BOTH AS SHOWN ON SAID LOT LINE ADJUSTMENT; tY THENCE ALONG SAID PARALLEL LINE, NORTH 000 21'02"WEST, 7.50 FEET TO A POINT a ON A LINE PARALLEL WITH AND DISTANT 7.50 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM SAID NORTHERLY LINE OF CENTRAL AVENUE, SAID POINT o HEREINAFTER REFERRED TO AS POINT A" C14 M_ THENCE CONTINUING ALONG FIRST MENTIONED PARALLEL LINE, NORTH 00°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'; c� THENCE ALONG LAST SAID PARALLEL LINE, NORTH 200 00'04"WEST, 819.15 FEET; THENCE SOUTH 690 59'56"WEST, 755.10 FEET; o cn THENCE NORTH 650 00'04"WEST, 65.88 FEET; THENCE SOUTH 690 59' 56" WEST, 967.36 FEET TO A LINE PARALLEL WITH AND w DISTANT 15.00 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES FROM THE E SOUTHWESTERLY LINE OF THAT CERTAIN EASEMENT TO THE CITY OF SAN BERNARDINO, RECORDED JULY 24, 2008 AS DOCUMENT NO, 2008-0337915, OF SAID Y OFFICIAL RECORDS; Q 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. 5.L.c PROJECT NAME.'SOUTHGATE SHEET 2 OF 5 APN:0136-361-32, 33&34 EXHIBIT "'All WATER EASEMENT LEGAL DESCRIPTION o cn EASEMENT N0 2 15.00 FEET WIDE THE CENTERLINE DESCRIBED AS E BEGINNING AT ABOVE MENTIONED POINT"A" w m THENCE ALONG SECOND MENTIONE=D 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 nB, SAID POINT BEING THE END POINT OF EASEMENT NO. 2. o E 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", Cy rn a EASEMENT NO. 1 AND EASEMENT NO. 2 CONTAINING: o 104,751 SQUARE FEET OR 2.405 ACRES MORE OR LESS, N co M SUBJECT TO: COVENANTS, CONDITIONS, RESRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY, IF ANY. m DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. E w d *= DATE: 1 l? ��p'�._�.A RIAN L. THIENE t�IjJ a S 5� P.L.S. No, 5750 REG. EXP. 12131113 a n NO. 5750 cn _ * EXP.12/31/13 N:1253212532JIESM712532J SOMWD.doc C����{ � d Lost Update:Ot/10/!2 Pnrlrct Pm AQr, PROJECT NAME SOUMCAT£ SNEET 3 Of 5 A /� APN.• 01, 6-361-32, 33 & 34 EXHIBIT "A " WATER EAWKN_T 5th STREET _ VICINITY MAP 3RD ° STREET N.T.S. a ` SRN BERMCINO INIERM110NAI HARRY SHEPPARD �tIRPOI?TNwA� �t BLW, plRflnT t�. c ' .. 0 Cn MILL ST. PALM MEMOS ' ,W;�'f E DRIVE _ _ rp W •' _� z SAN SERNARDINO AVE. V E SAN BERNAZNO �� FREEWAY �U Cn SAN BERNAOINO Ri1N Vol INTERW101 RI LNTLRGI� IN ° AIRPORT I ASG a M �XNlS1ll- NAS 8p -09. 1x'0 2 4 R, 4/2000337g 5 02. 12 11 4 1 .- E © 1 OQ 7$ .c OPPP X66 NSA N apt � +� 0 P80POSE Loy � E 0 - PALM MEADOWS OR.. Q ANA - �- ---- �'� W S.,ANT - ---- � - p LOCA77ON MAP N.T.S. Packet Pa.496 r 1 ( I N ES ,., w C; 11 W O C3 ( i�i I� �� to C3 Z m c rid a in zham c C5 Ft- z CL IL o, ► ! Cm o C>s S l _ u ! Y cnoh INI n"3 .to i ! •�����' � UUm I I " , Woo :g of S �►� aaa ii I W �~�� HON V0-96 Packet Pa.497 APN..•/01.3661, 32, 33 do 34 EXHIBIT „A 1 J SNEET 5 OF 5 MER EASMENT i LOTH - [ 'LOT B LOT C , LOT B LOT D ' � 4 WIDE LLA 11-02, REC. 11/02/2011 " EASEMENT NO. 1 �, INST. NO. 2011-0456118, O.R. 30'� C/L 15' WIDE in 40 EASEMENT NO. 2 POINT "A" m w to to to In s I P.O.B. CASWRAL AVENUE_ E DETAIL "A" N J SCALE: - so LINE TABLE.• n a EXISTING SAN BERNARD/NO L1 N20='05"'W 25.00' WATER EASEMENT REC. - — o j 0712412008 AS DOC. CL3Q' WIDE L2 N20'00'05'W 7.89' cm NO. 2008-0337915, O.R. EASEMENT N0. 1 L3 S69'59'56"W 967.36' .. i ( L4 N65'00'04'W 65.88' � lz� L5 S69'59'56'W 755.10' u L6 N20100'04"W 819.15' w 4ft r L7 NO'21'02'W 7.50' o L8 NO'21'02"W 173.71' L9 N69'38'58"E 1404.61' L10 N89'38'58"E 516.63' s PARCEL 2 L11 N61'28'03"E 847.84' ' PARCEL MAP NO. 17867 DETAIL '6" I a P.M.B. 237 / 66-73 Lit N70'00'00"E 101.36' SCALE.• 1= 80'/ - -- - - -- - - - - - --- -. - -- PREPARED BY• EASEMENT AREA: Thienes Engineering, Inc. INDICATES WATER CI 4 349 FIRESTONE•BOULEVARD 0 o CONTAINS: 104,751 S4. FT. ITH 1A MIRADA, CALIFORNIA 9006 2.405 ACRES t p1L(714)521-1811 r&(714)621-4173 Packet Pq.498 5.L.c Project Name: Southgate r APN;0136-361-32,33&34 z 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 t person employed by him or her or any others for whose acts Grantee is legally liable. Said o sums shall include, in the event of legal action, court costs, expenses of litigation and to reasonable attorney's fees. m 2. Grantor hereby agrees to save and hold harmless Grantee and its departments, agencies, y officers or employees from all sums which Grantee or any of its departments, agencies, w officers, or employees may be obligated to pay by reason of any liability imposed on them m 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, ca court costs, expenses of litigation and reasonable attorney's fees. o E 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 CY pools, ponds, fences and similar type structures. Any structures placed within easement U) limits without the approval of the Grantee will be removed at the Grantor's expense, o: 4. No substantial landscape items will be installed within the limits of this easement to include o but not limited to trees, shrubs, landscape walls and similar type landscape material. M Limited groundcover landscaping will be subject to written approval by Grantee and any landscape groundcover material previously approved by Grantee, and placed within Y easement limits and subsequently removed due to Grantee's activity shall be replaced by a=i Grantee at Grantee's expense. Any landscape material placed within easement limits E without the approval of the Grantee will be removed at Grantor's expense. a 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 (n 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 2 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. 1 Packet Pa. 499 I 1 2 ATTACHMENT "2" 3 -Quitclaim Deed- 4 (HW Southgate Bldg 2, LLC) 5 6 O 7 8 E 9 w as 10 N 11 � O 12 E 13 14 N 15 a 16 N tp M 17 N 18 19 w 20 a Ch 21 22 d 23 24 a 25 26 27 28 Packet Pg. 500 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 d y OC 2:APN 0136-361-39 DOCUMENTARY TRANSFt'.VrAX S SPACE ABOVE THIS LINL rOR RECORDER'S USE � t .....Computed on the consideration or value of property converyed;OR .....Computed on the consideration or value less liens or encumbrances t0 remaining at time of sale QUITCLAIM DEED FOR A VALUBLE CONSIDERATION,receipt of which is hereby acknowledged, y co w City of San Bernardino d Hereby remise,release and forever quitclaims to a� m HW Southgate Bldg 2,LLC,a California limited liability company 0 All right,title and interest in and to a portion of Grant of Easement recorded on March 09,2012 as Document No. E 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: C0'J LOT B OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT RECORDED JULY 07,2012 AS U) DOCUMENT NO.2012-0286107 OF OFFICIAL RECORDS. a Said portion of Grant of Easement described hereon in Exhibit"A"and depicted in Exhibit°°B",both made a part 0 hereof. N M Assessor's Parcel Number: 0136-361-39 N c BY: CITY OF SAN BERNARDINO ca w Signature Q 0 N Print Name _ m E Title -_ v Q Date MAIL TAX STATEMENTS TO:SAME AS ABOVE ;Parke#`Pg:5Q9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of — On before me, Date Nmo Insert Name and Ve 91 the 0111COr EA personally appeared Names)a1 Signerte) ''' O to w who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the aEi within instrument and acknowledged to me that V) helshe/they executed the same in his/her/their authorized w capacity(les), and that by his/her/their signature(s) on the c instrument the person(s), or the entity upon behalf of S which the parson(s)acted, executed the instrument. aD certify under PENALTY OF PERJURY under the laws o of the State of California that the foregoing paragraph is E true and correct. WITNESS my hand and official seal. C� Signature Place Notary Seel Above Signature of Notary PdAu OPTIONAL Though the information below is not required by law,It may prove valuable to persons relying on the document c and could prevent fraudulent removal and reattachment of this form to another document. N cta Description of Attached Document N Title or Type of Document: Iv Document Date: _.__ _.___.Number of Pages: E Z Signer(s)Other Than Named Above: r Q Capaclty(ies) Claimed by Signer(s) 0 N Signer's Name:_ Signer's Name: ❑ Individual ❑ Individual Z; ❑ Corporate Officer—Titie(s): ❑Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General _ ❑Partner—❑Limited ❑General E ❑ Attorney in Fact ❑Attorney in Fact .monamumm U ❑ Trustee Top of thumb here ❑Trustee Top of thumb here Q ❑ Guardian or Conservator ❑Guardian or Conservator l ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing; mPD07Nall onal Notary Aswelallon•9380Do Soto Ave.,P0,Sox P402•Chat sworth,CA91313-2402-www.NatbnalNolary.org Item#9*7 Peorder.CallTdFFreal-WIMI-M827 Packet Pg. 502 S EXHIBIT " " SHEET 1 OF 1 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. s CONTAINING: 73,055 SQUARE FEET OR 1.677 ACRES MORE OR LESS. o rn SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND RIGHTS-OF-WAY, IF ANY as N tC W d PREPARED UNDER THE DIRECTION OF: _ LA i n BRIAN L. THIENE DATt NO. 5750 5.S. No. 5750 G. EXP. 12131115 ` — Q4 cn n. NA25321ESW WATER LOOP-QC-112532—WATER LOOP-QC-2.doc Last Update:081113114 N M N C d E t U f� .w+ Q O N ai r C d E t V R Q Packet Pg. 503 S.L.tl' N v�{ORbCN U- 0 _ _ I ` ES cydw� Ln cn cd \ �051 C4 ING Go Co oog V ° o BIZ lb 20 9 V 0 a o I I Wft% W 04 u o 0 N nm a Zo Wx W � 1 III 1 � Q3 Ci WO I \ I _ I -4 a W. Packet Pg. 504 N °o m r ai 7-(� f 3 W W W W W C71 in • ■00 O W w w w Z Z Z 2 Z Z � W C7i 0 Cl � ® M d t0 00 R tCK Co�? J J J J J J J Cu C3 O M M 110 0 O Ln O .. Cl) O \ M- U*) LO W i m N C CIE Z MW m ` W O N w 4- + y'i � O �, E \ � O N to h to L- Lli } 3 toad � in 00 N rW W W 3 W 3 an qq�� pppp p O . 0 } O S O M pip � 11 Z Z Z Z Z Z M ` �- �Y• N 1 �� v .0 a; ID z� . xz , , y� CM v CL Packet Pg.505 EXHI BIT "1" -Grant of Easement- t Document#2012-0094786 0 Recorded 3/09/2012 CO c a� E d N [SEE ATTACHED] w a� •L Q 0 E V i-+ L7- a 0 cV 0 M N w _ N E t Ct R rr Q O N d r C N E S V R a+ r-. Q ^ ', 5 Recorded In Official Records,County of San Bereardlno 3/0012012 DENNIS DRAEGER NC g PM K ASSESSOR - RECORDER - CLERK P Counter RECORDING REQUESTED BY '� AND Doc#: 2012-0094786 Titles: 1 Pages: 12 WHEN RECORDED MAIL TO: Fees 0.00 4 Stacey Aldstadt,General Manager T . e.ee City of San Bernardino other 0100 Municipal Water Department PAID 50.00 P.O.Box 710 300 North D Street San Bernardino,CA 92402 Project Name: Southgate G NO FEE PER GOVERNMENT CODE SECTION 6103 Cl) APN:0136-361-32,33&34 SPACE ABOVE FOR RECORDER'S USE c GRANT OF EASEMENT E a� N This Grant of Easement is entered into by and between HW SOUTHGATE, LP., a California w Limited Partnership, hereinafter referred to as Grantor, and the City of San Bernardino, hereinafter referred to as Grantee. m Grantor, in consideration of the mutual promises contained herein, and the public benefit provided, hereby ants unto Grantee its successors and assigns, ° y g gns, an easement to locate, relocate, construct, reconstruct, maintain, alter, enlarge, inspect, repair and replace underground pipelines for the I 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. 0 N M N HW SOUTHGATE,L.P. c d a California limited partnership E By: DTC Phase II,LLC, a Delaware It tetl li it) ontp• ty, Q Its l;cn arttte o a� By: c m Name —,IohwtvM,-Magwss Title: SGniOX Vice President Q [signature must be notarized] Packet Pg. 507 S.L.d CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL COON 11180 State of California County of On before me, P� �.L l-? � _ tn I tG o t nto Here Insofl Name and Ti4o of ttid Itobr S z personally appearedt�� 1 "ae(s)of Signer(s) N xr C who proved to me on the basis of satisfactory E evidence to be the person(s�whose named) is/are w subscribed to the within instrument and acknowledged w to me that he/he/then executed the same in his/her/theif authorized capacity(ies), and that by - his/her/their signature* on the instrument the CD } person(e), or the entity upon behalf of which the f° person*acted, executed the instrument. o LUMMUMV lei •111 I certify under PENALTY OF PERJURY under the E }y, (111110 ►Pow-Cans"dt laws of the State of California that the foregoing ) � Stan Bemawn Cumy paragraph is true and correct. �= 4COMM.=1K Must WITNESS my hand and official seal Signature: Place Notary Seal Above Sglal I Notary OPTIONAL - Though the information below is not required by law,it may prove valuable to persons relylrig on the document �? and could prevent fraudulent removal and reattachment of this form to another document. N Description of Attached Doc ment Title or Type of Document;~ { i t I E Document Date: _ _. Number of Pages: Signer(s)Other Than Named Above: f Q Capacity(ies)Claimed by Signer(s) Signer's Name: _ Signer's Name: — to ❑ Corporate Officer—Title(s):_ ❑Corporate Officer—Title(s): ❑ Individual ❑Individual _.' _ U Partner—❑Limited ❑General E Top of thumb here Li —El El Top of thumb here E ❑ Attorney in Fact ❑Attorney In Fact U ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator Q ❑ Other: ,_ ❑Other: Signer Is Representing-, Signer Is Representing: ®2010 National Notary Association•NatlonalNotary.org-I•000•uS NOTARY(1.800-876.6827) Item#6907 Packet Pa. 508 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 Hicture 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 BAND,NATIONAL ASSOCIATION,as t° 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 E and such Lenders w a� c By i N CU 4- O WELLS FARGO BANK, E NATIONAL ASSOCIATION �s U By' tY n: STATE OF TEXAS- § N • § ss. M COUNTY OF DALLAS § N is instnunen was ACKNOWLED Lt before,me oxv llftmAtt /- ' ,2OZZ by �, C the- a of is Parg Bank, National As iation, a nationaEManking association,on behalf of said association, as the Agent for and on behalf of Wells �a Fargo Bank, National Association and any and all other financial institutions (collectively, a S" 'yd 'r tt nti rcreclitor Agreement executed by Agent and such Lenders, JANET G.t3AUBHEWY O Notary Public d STATE OF TEXAS MgComm.Exp.Nov.04,2014 r C N E My Commission Expires: St ofT a J PrintM Name of Notary lblic Q Packet Pq. 509 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. 0 CITY OF SAN BERNARDINO a� CU w Bv: City Clerk �. u.a Z q 0 Date: a U !�..� o E M U a 0 N M N C G7 E U R a.+ Q O N N .r C N E t U R w Q 1 c:\Documents and settings\morrison_sy\Local Settings\Temporary intereet Files\content.Outlook\30NONCY9\Form-Grant of Easement with BOWL on acceptance.doc Packet Pg. 510 4{ R EXHIBIT A (see attached) t m r s O co c a� E m N R W d C i d r tC O E v N Q' a 0 N tC M N r C d E t V ca a+ Q O N N C GS E s U a PROJECT NAME:SOUTHGATE SHEET 1 OF 5 APN:0 136-361-32, 33&34 EXHIBIT "'A"' (, WATER EASEMENT LEGAL DESCRIPTION a TWO(2) STRIPS OF LAND SITUATED IN A PORTION OF PARCEL 2 OF PARCEL MAP N0. E 17887, IN THE CITY OF SAN BERNARDWO, COUNTY OF SAN BERNARDINO, STATE OF N 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 w 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. O E BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WITH AND DISTANT 40.00 cii 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- CY WIDTH) BOTH AS SHOWN ON SAID LOT LINE ADJUSTMENT; tr THENCE ALONG SAID PARALLEL LINE, NORTH 00°21'02' WEST, 7.50 FEET TO A POINT a ON A LINE PARALLEL WITH AND DISTANT 7.50 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM SAID NORTHERLY LINE OF CENTRAL AVENUE, SAID POINT N HEREINAFTER REFERRED TO AS POINT"A'; M_ THENCE CONTINUING ALONG FIRST MENTIONED PARALLEL LINE, NORTH 000 21' 02' cv 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; U THENCE ALONG LAST SAID PARALLEL LINE,NORTH 20°00'04"WEST, 819.15 FEET; Q THENCE SOUTH 690 59'56"WEST, 755.10 FEET,- o THENCE NORTH 650 00'04"WEST, 65.88 FEET; r 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 E SOUTHWESTERLY LINE OF THAT CERTAIN EASEMENT TO THE CITY OF SAN u BERNARDINO, RECORDED JULY 24, 2008 AS DOCUMENT NO. 2008-0337915, OF SAID OFFICIAL RECORDS; Q 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. Packet Pg. 512 5.L.d PROJECT NAME:SOUTHGATE SHEET 2 OF 5 APN.•0136-361-32, 33&34 EXHIBIT "A" WA TER EASEMENT c LEGAL DESCRIPTION in EASEMENT N0.2 � 15.00 FEET WIDE, THE CENTERLINE DESCRIBED AS FOLLOWS y m BEGINNING AT ABOVE MENTIONED POINT"A'; u c 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 'S SOUTHERLY CURVED LINE OF SAID LOT 'B", SAID POINT BEING THE ENO POINT OF o EASEMENT NO, 2, E THE SIDELINES OF SAID EASEMENT NO. 2 SHALL BE PROLONGED OR SHORTENED TO u 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" CY a r � EASEMENT NO. 1 AND EASEMENT NO. 2 CONTAINING: N 104,751 SQUARE FEET OR 2,405 ACRES MORE OR LESS, M SUBJECT TO: COVENANTS, CONDITIONS, RESRICTIONS, RESERVATIONS, EASEMENTS 04 AND RIGHTS-OF-WAY, IF ANY. v DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. V .qO L ANil RIAN L. � ��� P.L.S. No. 5750 �' REG. EXR 12131113 o m m N0. 5750 E EXR12/31/13 A2 32126 2 0 SMTQ532J SSMWD.doc Packet Pg. 513 PROJECT NAME- SOUTHCATE EXHIBIT r�/y r� SHEET 3 OF 5 3.3 AM 0136-361-32, & 34 MATER EASMENT Stn STREET VICINITY MAP 3RD STREET — N.T.S. SAN 81ANAROIA10 /N£RNATIONAI HAS SHEPPARD AIRPORT �pQnT f ` •f� MILL ST. �1='�� ,� Y RIVER to PALM MEIJS .... � � H '�' � ' w E ORK y' � z SAN BERNARDINO AVE. " o E u SAN BERNARDINO 1fl FREEWAY G3 SAN TER NAROINO IVATI RAIN �' L0 N AIRPORT £�i' ��RINO r' '" i IOR j am .r:. QW q w I No 0 Co wn Z � I J,Cj W U) C z I ai m h N E � a � � `'� � ~° '• Wow 'Q � Q '° 4) C W aG o Aa � ` . �a I yl E a. w 3 } to Ul Cm a N t r s °p N N 5 C E W� LO I f-i , Cq Cj o I g w °n° C3 �.. a` I I t a NON JW � w w �., L sari QI I t p 3 � w tk, _� - .._ �e 4 vo Packet Pg. 515 APPROECT N.J 013661, 32,T 33�& 34 EXHIBIT "'A " SHEET 5 OF 5 WATER EASMENT 1 LOT�A LOT e LOT C « LOT B LOT D " I C/L 30' WIDE LLA 11-02, REC. 11/02/2011 I I EASEMENT NO. 1 / INST. NO. 2011-0456118, O.R. I I 30 C/L 15' WIDE l I 4C� ." EASEMENT NO. 2 POI.T "A ' E I L7 ' w to In In CENTRAL A VENUE e � E DETAIL 'A" scALE: ; eo' LINE TABLE v --- - - .-. — ..... _—.... —,_m._ � _.. � . a �r EVS71NG SAN BERNARD/NO L1 N20'00'05"W 25.00' WATER EASEMENT REC. — o 0712412008 AS DOC. C L 30' WIDE L2 .20'00'05"W 7.89' M NO. 2008-0337915, O.R. "� EASEMENT NO, 1 L3 S69'59'56'W 967.36' N L4 N65'00'04"W 65.88' m L5 S69'59'56"W 755.10' L6 N20'00'04"W 819.15' w Q L7 NO'21'02"W 7.50' c L8 _NO'21'02"W 173.71' L9 N89'38'58"E 1404.61' I I L10 N89'38'58"E 516.63' z I PARCEL 2 L11 N61'28'03"E 847.84' PARCEL MAP NO. 17887 DETAIL V' L12 .70'0..... 101.36' Q P.M.B. 237 / 66--73 SCALE.• 1 80' PREPARED BY EASEMENT AREA: Thienes Engineering, Inc. r - INDICATES WATER C1W/L ENGINEERING 9 LAND SURVE'1WNG � CONTAINS,SEM T. 104,751 SD. F7 0 f4349 FIRESTON4' BOULEVARD 7.405 ACRES f LA MIRADA, MIFORN/A 901838 ,. /W(774)1?1-4811 fA,Y(714)521-4173 Packet Pg.516 E 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 �o sums shall include, in the event of legal action, court costs, expenses of litigation and , reasonable attorney's fees. E 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, w 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 L 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. o E 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 Cl Cn 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 N 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 groundeover 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. lg 5. Grantor reserves the right to require Grantee, at Grantor's expense, to remove and relocate c 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 E Grantor, as designated by Grantor provided that Grantor shall grant Grantee with an r easement in such new location, on the same terms and conditions as herein stated, all r w without cost to Grantee, and Grantee thereupon shall reconvey to Grantor the easement Q 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, IGrantee agrees to restore the property to the condition in which it was found. Packet Pg.517 5.L.e 1 2 ATTACHMENT "Y' 3 -Quitclaim Deed- 4 (HW Southgate Bldg 3, LLC) 5 6 0 7 Cn c 8 E N 9 w as 10 L 11 0 12 E 13 14 Cn 15 16 M 17 M C 18 t 19 w a 20 0 N 21 I rr 22 t 23 24 a 25 26 27 28 Packet Pg. 518 RECORDINd REQUESTED 8 Stacey Aldstadt,general manager City of San Bernardino Municipal Water Department P.O.Box 710 300 N.D Street San Bernardino,CA 92402 -a Y CC 3:APN 0136-361-36 DOCUMENTARY TRANSFER TAX S SPACE ABOVE THIS LINE FOR RECORDER'S USE 3 .....Computed on the consideration or value of property converyed;OR p ..,..Computed on the consideration or value less liens or encumbrances to remaining at time of sale .r QUITCLAIM DEED 4) E FOR A VALUBLE CONSIDERATION,receipt of which is hereby acknowledged, rn R W City of San Bernardino =_ •L Hereby remise,release and forever quitclaims to HW Southgate Bldg 3,LLC,a California limited liability company o E All right,title and interest in and to a portion of Grant of Easement recorded on March 09,2012 as Document No. M 2012-0094786 of Official Records of the County of San Bernardino County, a copy of which is attached hereto as z Exhibit`1'and made a part hereof within the following described property: U U) LOT B OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT RECORDED NOVEMBER 02, 2011 AS DOCUMENT NO.2011-0456118 OF OFFICIAL RECORDS. a Said portion of Grant of Easement described heron in Exhibit"A" and depicted in Exhibit"B",both made a part N herof. M Assessor's Parcel Number:0136-361-36 r ar BY: CITY OF SAN BERNARDINO E a Signature o rn a� Print Name a) E Title v ca a Date MAIL TAX STATEMENTS TO:SAME AS ABOVE Pcke `l?'g.519 5.L.e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, (D Date Here head wd it a of Nte OOloer <Q personally appeared Name(e)at s0er(tl O C 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 M he/she/they executed the same in his/her/their authorized w capacity(ies), and that by his/her/their signature(s) on the c instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. 'S 1 certify under PENALTY OF PERJURY under the laws o of the State of California that the foregoing paragraph is E true and correct. .2 WITNESS my hand and official seal. ' CY Signature Piece Notary Seal Above Signature of Notary Pubflc OPTIONAL Though the information below is not required by law,it may prove valuable to persons refyfng on the document N and could prevent fraudulent removal and reattachment of this form to another document. c14 M Description of Attached Document M Title or Type of Document: Document Date: Number of Pages: U Signer(s)Other Than Named Above: r Q Capacity(ies)Claimed by Signer(s) o v Signer's Name: _ Signer's ❑ Individual ❑ Individual ❑ Corporate Officer--Title(s): ❑Corporate Officer—Title(s): • Partner—❑Limited ❑General _ ❑Partner—❑ Limited El General t • Attorney in Fact ❑Attorney in Fact • c0c L1 TfU9tee Tap of thumb here El TfUSte9 Top of thumb here Q ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 Nallonal Notary Amodatlon•9350 De Soto Ave.,P.O.Box 2402•Chalsworth,CA 91 31 3-2 4 02•wwwNatlonalNotaryorg Item#5907 Reorder:Call Tog-Free I-G00-a7W27 Packet Pg. 520 5.L.e SHEET IOF1 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 N0, 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. s 0 CONTAINING: 7,351 SQUARE FEET OR 0.169 ACRES MORE OR LESS. SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, Cu EASEMENTS, AND RIGHTS-OF-WAY, IF ANY y w a� PREPARED UNDER THE DIRECTION OF: NL LAAjq E rl - l o co BRl N L. THIENES DA E * NO. 5750 P.L. . No. 5750 REG. EXP. 12/31/15 NA25321ESMnWATER LOOP-QC-112532 WATER LOOP-QC-3.doc ° N Last Update:081113114 ° M M 2 _ E t U cC r Q O N r _ d E V cC Q Packet Pg. 521 OR W v2i Go ` z Z \ ?O Lo t I ( 8 ra cn r a: ` I E w , Cl) � o : h Z 0 �a � �C $ dg f �I to W G Cl)rt N E to � s � j0�� d -9oNd0-9ddU 22 PacketPg 5 NN LL. - i S n N n g r r W3 W W W W W TOE o pp ~ N M S r7 M M r Z N O�0 b, b, D E O ...1 � Z Z Z Z Z Z a n o Itty KNi, i`�i ° in Cn r r , W W W 3 W 3 CM cc C3 W ° r LO 1p in S° o d tEmD N W� s. z f � � .�• � O '�Q d r N 1 U in ;I W J J J J J Q •` W � � � � 3 � E rw � N CO tZ ` Wa�,' `t I � + M Co S O �7 S N O�0 b N N M Ck� Z Z Z Z Z Z Cl) w ° 0'0 r J J J tJO d Cm J ; � E VN 04000# ��o y " 3 .. j` o '1 r, U a. FF 1 2, Packet Pg. 523 EXHIBIT "1'9 -Grant of Easement- Document#2012-0094786 0 Recorded 3/09/2012 N a� E a� N [SEE ATTACHED] w a� •L 0 E JON V id �NN L7. a 0 N CO M M r _ d E t V R v+ a 0 d a m E s r Q Packet Pg.524 5.L.e Warded In Official Retards,County of San Bernardlno 310012 DENNIS DRAEGER NC g i ' „`CV K ASSESSOR — RECORDER — CLERK P Counter f4 RECORDING REQUESTED BY �"' AND Doc#: 2012-0094786 Titles: 1 Pages: 12 WHEN RECORDED MAIL TO: Fees e.e0 Stacey Aldstadt,General Manager Texee e.ee Other 0.00 City of San Bernardino PA10 Municipal Water Department F.O.Box 710 300 North D Street m San Bernardino,CA 92402 as Project Name: Southgate NO FEE PER GOVERNMENT CODE SECTION 6103 0 APN:0136-361-32,33&34 SPACE ABOVE FOR RECORDER'S USE Cn GRANT OF EASEMENT 4) E 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 w a� referred to as Grantee. - i d 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, o reconstruct, maintain, alter, enlarge, inspect, repair and replace underground pipelines for the E 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. C3► Cn THIS EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS AS SHOWN ON a EXHIBIT"B"ATTACHED AND MADE A PART HEREOF. 0 N tC M M HW SOUTHGATE,L.P. c a California limited partnership E E By: DTC Phase II,LLC, 1° a Delaware 1'mited li tty onrp ny, Its gen artneY,, y By: m Name oht,-lutagness - E t Title: C..ninr Virp PrPcident Q [signature must be notarized] Packet Pa. 525 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL coos 3 1189 State of California 4 County of L l .t111_ i,l _lr` "C' On before me, rf,a Hero tnsoe Name and Title n11hd Gcd-.r I ntn personally appeared ._ •, .. �..�y _ ;frn,e(atots�+ori6t 0 cn who proved to me on the basis of satisfactory evidence to be the person(s) whose name* is/are E subscribed to the within instrument and acknowledged to me that he/ehe/t#ey, executed the same in W his/her/theif authorized capacity(ies), and that by his/flex/their signature(* on the instrument the S ° person(e), or the entity upon behalf of which the persons}acted, executed the instrument. 3: 0 C+ mmilNIM•/lml I certify under PENALTY OF PERJURY under the E NNe ds P"•Gaillemw laws of the State of California that the foregoing son 8anweM wi ltyi M Comm. t8 paragraph is true and correct. WITNESS my hand and official seal. in Signature: ( t C. Place Notary Seal Above ggnxii t Notary Pu ` _ -------- OPTIONAL N Though the information below is not required by law,it may prove valuable to persons relyirig on the document t�,5 and could prevent fraudulent removal and reattachment of this form to another document: Description of Attached Doc rnent Lt M Title or Type of Document: r__ r E Number of Pages: f Document Date: _ _— _.•._ v Signer(s)Other Than Named Above: Q Capacity(ies) Claimed by Signer(s) ' Signer's Name: _ Signer's Name: ❑ Corporate Officer—Title(s):_. ❑Corporate Officer—Title(s): _ a O Individual 11 Individual c at ❑ Partner—❑Limited ❑Generat Top of thumb here ❑Partner—❑Limited ❑General Top of thumb Hare E ❑ Attorney in Fact ❑Attorney in Fact tJ Trustee ❑Trustee Q ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: V Signer Is Representing: Signer Is Representing: r Cr^C:i�4S�SL%Jt,t ts4`t 4r GSiirFy;< +" 41vek'?l4�'eGr<i 'R4ttft.<SRkiSctft Item#5907 02010 National Notary Assoclation-NaliooalNotary.org•1.000-US NOTARY(1.800.676-6627) Packet Pg. 526 5.L.e Project Name: Southgate A.PN:0136-361-32,33 8t 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 Rents,•Security Agreement and Fixtuiv 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 as this Easement. WELLS FARGO BANK,NATIONAL ASSOCIATION,as o agent for and on behalf of Wells Fargo Bank,National N Association and any and all other financial institutions identified in an Intercreditor Agreement executed by Agent and such Lenders m w m By: _ 'L Q� i.. WELLS FARGO BANK, 0 NATIONAL ASSOCIATION E U By: ,0,^ VN/ L.L. N� STATE OF TEXAS` § N § ss. M COUNTY OF DALLAS § M iewas ACKN WLED .D before me o .201 by r a the � � _4 of W is Far Bank, National Ass cation, a E 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, a s editor Agreement executed by Agent and such Lenders. 0 JANET 8.DAUGHERTY W t Notary Pubk STATE OF TEXAS My Comm.Exp.Nov.04,2014 = N E t My Commission Expires: is StaV of T a Q Print Name of Notary blic Packet Pg. 527 5.L.e '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 CD recordation thereof by its duly authorized officer. 0 CITY OF SAN BERNARDINO a� E a� N City Clerk r Date: 0 E U Cn d O N M M C d E U R a� Q O N d r C O E L U f0 Q C:\Documents and Settings\morrison_sy\Local Settings\Temporary Internet riles\Content.0utlook\30NONCY9\Form-Grant of Easement with BOWC on acceptance.doc Packet Pg. 528 PROJECT NAME.SOUTHGATE SHEET 1 OF 5 APN. 0136-361-32, 33&34 EXHIBIT uA m r WATER EASEMENT s LEGAL DESCRIPTION TWO(2) STRIPS OF LAND SITUATED IN A PORTION OF PARCEL 2 OF PARCEL MAP NO. _ d 17887, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF E 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 w PORTIONS OF LOTS "A", "B" AND "C" OF LOT LINE ADJUSTMENT NO. LLA 11-02, m RECORDED NOVEMBER 2, 2011 AS DOCUMENT N0, 2011-0456118, OF OFFICIAL s RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS' }, EASEMENT NO, 1 30.00 FEET WIDE, THE CENTERLINE DESCRIBED AS FOLLOWS; o E 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; Cn THENCE ALONG SAID PARALLEL LINE, NORTH 00°21'02"WEST, 7.50 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 750 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM SAID NORTHERLY LINE OF CENTRAL AVENUE, SAID POINT o HEREINAFTER REFERRED TO AS POINT A, cNc M THENCE CONTINUING ALONG FIRST MENTIONED PARALLEL LINE, NORTH 00° 21' 02" M 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; o a� 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 Cu BERNARDINO, RECORDED JULY 24, 2008 AS DOCUMENT NO. 2008-0337915, OF SAID Q 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. Packet Pg. 529 1 PROJECT NAME:SOUTHGATE SHEET 2 OF 5 APN:0136-361-32, 33&34 EXHIBIT "A" WATER EASEMENT ,r LEGAL DESCRIPTION o EASEMENT NO.2 m 15.00 FEET WIDE. THE CENTERLINE DESCRIBED AS FOLLOWS: E BEGINNING AT ABOVE MENTIONED POINT"A'; w 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. o E 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 r TERMINATE EASTERL Y IN THE SOUTHERLY CURVED LINES OF SAID LOTS "B"AND"C". CY a EASEMENT NO, 1 AND EASEMENT NO. 2 CONTAINING: o 104,751 SQUARE FEET OR 2.405 ACRES MORE OR LESS, M SUBJECT TO: COVENANTS, CONDITIONS, RESRICTIONS, RESERVATIONS, EASEMENTS M AND RIGHTS-OF-WAY, IF ANY _ m DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. in c� w DATE: 1 �0�1P�W ANA , RIAN L. THIEIVES �`' L. r /f �i P.L.S. No. 5750 REG. EXP. 12131113 E 0- m N0. 5750 1--- N,1253212532J1ESM712532J OF-C SBMWD.doc Last Update:01/10/12 (4Wf Packet Pa. 530 PRO IECT NAME. SOUTHGA FE SHEET 3 OF 5 APN.• 0136-361--32, 33 do 34 EXHIBIT "A " WATER EASMENT Stn STREEr ._ VICINITY MAP 3RD c 5rREEr N.T.S. SAN 9£1?N4R01N0 W46RNAT101W HARRY SHEPPARD a NRPOIIT WORT BLVD. o pl - MILT ST. {,.°' R► R r r in c=' PALM M $ f r E DRIVE SAN BERNARDINO AVE. E SAN BERNARDINO tp FREEWAY U AY fy a. INTER T/ONAC M1 RG�N �0 C%4 AIRPORT �' p w AR SAN OCR pCo. ON� --'` CR 00 0331g15� �/ �tEG ah t'+ 1 d P�'RG�1-N,Ap �s�'�� �- 1N51• ��� � a Q , pMc . 70 B EN p � o SSE PRO 40l G c d E s PALM MEAOOWS SANTA ANA 4 RIVER :k Q -'' _ LOCATION MAP N.T.S. Packet Pg.531 m at s PROJECT AtAbfE. SOil7lYGATE s ti SHEET 4 OF 5 APN.• 0136-351, 32, 33 .34 EXHIBIT A 0 0 }WATER E45ltE)+tT r C N E d N cC N SCALE: 1'- 500' � CA 38' WIDE •�' Cat W WIDE o - EASEMENT NO. 1 Lu � SEE VETAIL -"S" �� O ON SHEET I t E Q, PARCEL 2 Lt2 J1lxfl0 { SEE DETAiG "A' r v 0 U�y PARCEL MAP N0. 17887 ��, ,0456 $ ON SHEET —0 1 ( ++ P.M.S. 237 / 66-73 -, 'l ✓. �1' 'Lp1 OS P C 1 15' WIDE EASEMENT N0. 2,- VC� C POINT A" - 9 --- - GEN MAL AVLT UE I M r c N07F- LEGEND SE£SHEET 5 FOR 0,C TAKE; E.4 00VT INDICATES CENIERUN£ AREA. tlUNI. ;4'AW DETNI 'B- Q OF WATER EU-64A NT. SURWMR.- pr L O PREPARED BY• THE SUPE'RtWW Of. ' r.jaILR. ienes Engineering, /nc. ,2 /,3rvcarna •unu, t FIRes7t7nt8 AatJLtvAFAO IAN t THr£ ES rua� gouxs LS N(3 5750K 421 E9tt fXYt1t1,J521-117J rr�zsa2 l� euwD-z.a.g RE& Dep DEC. 31, 2073 c�v Q Packet Pg.532 APN.0136361,SOUAYGAW 33 & 34 EXHIBIT "A" SHEET 5 OF 5 WATER EASMENT / 1 LOT�A LOT B LOT C LOT 8 LOT D r i WIDE ' I_ LLA 11-02, REC. 11/02/2011 I a I EASEMENT NO. 1 INST. NO. 2011-0456118, O.R. I i 30 I i 40' CjL 15' WIDE I , EASEMENT NO. 2 I POINT "A" I i I L7 I r W I P.O.B. I � d CEN7RAL A VENUE i E DETAIL 'A" a L/NE TABLE.• �f EXISTING SAN BERNARDWO L1 N2Q•QQ'O5"W 25.00' WATER EASEMCAq REC. 0712412008 AS DOC. C L 30' WIDE_ I L2 N2900'05"W 7.69' NO. 2008-0337915, O R EASEMENT N0. 1 L3 S69'59'56"W 967.36' M I I L4 N65'00'04"W 65.88' L5 S69'59'56'W 755.10' E �1 L6 N20'OO'04"W 619.15' y L12 t, L7 NO'21'O2'W 7.50' o ..�._,.�. L8 NO'21'02"W 173.71' L9 N89'38'58"E 1404.61' c L10 N89.38'58"E 516.63' E I ( PARCEL 2 L11 N61'28'03"E 847.84' PARCEL MAP NO. 17887 P.M.B. 237 66-73 "( p ,g/� 9" 4yL12 N7Q`00'00"E 101.36' a / SCALE 1'- 80' ,l r PREPARED BY: EASEMENT AREA: Thienes Engineering, Inc. INDICATES WATER / j CIVIt ENGINEERINO•LAND SURK NO EASEMENT. Ll 14349 FIRESTONE BOULEVARDf"Ill '/t CONTAINS' 104,751 SD f7: h(rMf 48 l R���)Me 3 2.405 ACRES f Packet Pg.,533 Project Name: Southgate APN:0136-361-32,33&34 EXHIBIT i°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 �o reasonable attorney's fees. c m 2. Grantor hereby agrees to save and hold harmless Grantee and its departments, agencies, E officers or employees from all sums which Grantee or any of its departments, agencies, 0 officers, or employees may be obligated to pay by reason of any liability imposed on them w for damages arising out of the performance of the services rendered by Grantor and caused c 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. 0 3, Grantor reserves the right to use said real property in any manner, provided such use does E not unreasonably interfere with Grantee's rights hereunder. No structures will be erected Y within the limits of this easement to include but not limited to buildings, walls, swimming CY pools, ponds, fences and similar type structures. Any structures placed within easement N limits without the approval of the Grantee will be removed at the Grantor's expense. M o: 4. No substantial landscape items will be installed within the limits of this easement to include c but not limited to trees, shrubs, landscape walls and similar type landscape material. N 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 E 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 Y 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. Packet Pg. 534 1 2 ATTACHMENT "4" 3 Quitclaim Deed- 4 (HW Southgate Bldg 3, LLC) 5 6 _ 0 7 N r C 8 E N N 9 w a) 10 i N r 11 0 12 E 13 y .3 14 n CL 15 16 ° N M 17 r 18 E 19 r r 20 a 0 21 r 22 E 23 r r 24 a 25 26 27 28 Packet Pg.535 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 ^ m QC 4:APN 0136.361-37 DOCUMENTARY TRANSrER TAX S SPACE ABOVE THIS LINE FOR RECORDER'S USE 3 .....Computed on the consideration or value of property converyed;OR p .....Computed on the consideration or value less liens or encumbrances N remaining at time of sale ' w QUITCLAIM DEED E FOR A VALUBLE CONSIDERATION,receipt of which is hereby acknowledged, w City of San Bernardino =_ •L Hereby remise,release and forever quitclaims to CU HW Southgate Bldg 3,LLC,a California limited liability company c E 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 y Exhibit`1'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 N herof. M Assessor's Parcel Number:0136-361-37 c d E BY: CITY OF SAN BERNARDINO 0 Signature 0 Print Name E t co Title Q Date MAIL TAX STATEMENTS TO: SAME AS ABOVE Packet Pg.536 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, _ Date Bare asen amo&OTdio of the Moot � personally appeared _ s ame e o 8 nar e � y 0 Cn , L who proved to me on the basis of satisfactory evidence to a� be the person(s) whose name(s) is/are subscribed to the aEi within instrument and acknowledged to me that he/she/they executed the same in his/herAheir authorized w capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of L which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws o of the State of California that the foregoing paragraph is E true and correct. c� i� 0 Cl) WITNESS my hand and official seal. Place Notary Seal Above Signature Signature of Notary Public 1Y a. OPTIONAL Though the Information below is not required by law,It may prove valuable to persons relying on the document c and could prevent fraudulent removal and reattachment of this form to another document. C14 M Description of Attached Document v Title or Type of Document: c m Document Date: Number of Pages: E v Signer(s)Other Than Named Above: Q Capacity(ies) Claimed by Slgner(s) ' 0 a� Signer's Name: Signer's Name: ❑ Individual 0Individual r c • Corporate Officer—Title(s): _ _ _ ❑Corporate Officer—Title(s): • Partner—❑Limited ❑General _ ❑Partner—❑ Limited O General 11 Attorney in Fact a ❑Attorney in Fact MOM El Trustee Top of thumb here 1:1 Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator Q ❑ Other: ❑Other; Signer is Representing: Signer Is Representing; 0=7NatbnalNotary Amodatlon•9360De Soto Ave..PC.Box 2402•Chatmorlh,CA91313202•wwwMatlanelNolaryorg Item#6907 Reorder:Ce11Td(+roe1-e00-976a27 Packet Pg. 537 SHEET 1 OF 1 EXHIBIT "A" WATER LOOP EASEMENT QUITCLAIM Mcr 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. in SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND RIGHTS-OF-WAY, IF ANY y R W O C i PREPARED UNDER THE DIRECTION OF: p1 LA,yp o y B AN L. THIENES DATA * NO. 5750 * N P.L.S. No. 5750 ` w = -✓ c: REG. EXP, 12131115 0 N N;1253DESMTIWATER LOOP-QC-112532 WATER LOOP-QC-4,doc M Last Update:081113114 `r Y E U R r.+ r Q O N N C N E V Q Packet Pg. 538 IA. I— F by—mope .� X \$ z ® M� V �W Oip A I ! I \ _3 W t I tl � o \\ t iW E SO w j \1Q lil o C3 VA 0.� --° W N t, �b o N g •�r �- ICI 1 `]. N W .CV W C) \ dC3 � p 6 a f� s3\ Q DIE 1 3 c o ! OE o�°� 1.4 ROV % —joivdo�ddct = t p tn Packet°Pg. 539 N W o § n °O, I i v to N h ^ o S 3: W W W W W ■ apppp •�p ■ ■ • 2 O �n �f! n iin F.. r N Co •M�7 M Mtt77 M Uj� 0] O Go 000 000 � W Z Z Z Z I Z Z ` \ r7 eh to t0 r 0^0 ui tm L \ 3 O \ O \ o rN CO Cl) ZW \ N OO J MJ CD m O r- W LO W.... W 3 W N \ Q O O C7 iD CD iD iD N \ 3 r�N Z n :n �n A O LL \ 0 O O W Irn S O '7 O tV \ W oN = m to too Co tCDD to CCD N 'i o Z to _ 1 2 Z Z Z Z Z yG?, W Z pp Q O ^ N \ Ir( J J J J J E Co CD In W z O N N � LO Co Co LLJ L4J W 3 W Z 0° z o ° ° a o � OR a p p I \ z N O O S N \` ab Co to N N N M `Z � 1 Z l Z Z Z Z Z iJ O E rY N C* t tJ I � I I LO_ Z M i Q mot" a V o Q O`Z ' R d ! O t 1�3- 4 - "� I Q q -01 If �' •• 3" •. r Packet Pa.540 » EXHIBIT cc 1 -Grant of Easement- Document#2012-0094786 0 Recorded 3/09/2012 "n c a� E a� N [SEE ATTACHED] w as c Y O E V 3 N a 0 N CD M r C d E V d 0 N r C d E t V IB r Y Q Packet Pg. 541 5: Recorded In Official Records,County of San Bernardino 3/09/2012 eu DENNIS DRAEGER NCB PM M6 rua '' 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 a.ee 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 s rn t Project Name: Southgate APN:0136-361-32,33&34 NO FEE PER GOVERNMENT CODE SECTION 6103 0 SPACE ABOVE FOR RECORDER'S USE in GRANT OF EASEMENT E 0 This Grant of Easement is entered into by and between HW SOUTHGATE, L.P., a California w Limited Partnership, hereinafter referred to as Grantor, and the City of San Bernardino, hereinafter referred to as Grantee. a� �a Grantor, in consideration of the mutual promises contained herein, and the public benefit provided, 3: hereby grants unto Grantee, its successors and assigns, an easement to locate, relocate, construct, o reconstruct, maintain, alter, enlarge, inspect, repair and replace underground pipelines for the E transportation of water, and all pipes, conduits, manholes, structures and equipment necessary or U 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. CY THIS EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS AS SHOWN ON 0- EXHIBIT"B"ATTACHED AND MADE A PART HEREOF. 0 N t0 M HW SOUTHGATE,L.P. a California limited partnership E By: DTC Phase II, LLC, a Delaware I 'ted I ity otnp, iy, Q Its gen artne �°, as By: — c a� E Name aht .-Magness.. � r w Title: senior Vice.PregWent [signature must be notarized] Packet!.Pa. 542 i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODS f 1188 State of California County of_..•� �L On _ 2 before me, teen �J���� � t(G � here Insert N,-rmu rrnd Tit�u of ifp k r � � I'+ , ,{ personally appeared f��ll'1 I"► �,Q,r'S S �___ rn r who proved to me on the basis of satisfactory evidence to be the person( whose name* is/are E subscribed to the within instrument and acknowledged " to me that he/ehe/ter executed the same in W 4 his/her/their authorized capacity(ioe). and that by c his/tier/their signatures} on the instrument the person*, or the entity upon behalf of which the —r � rr person(*acted, executed the instrument. � RR!'Flt ,M tFltil o IhattnbNOaI111 I certify under PENALTY OF PERJURY under the E PWOO-Gambia laws of the State of California that the foregoing Bustan paragraph is true and correct. M Co� tni Mu l�t6i WITNESS my hand and official seal. (n Signature: Place Notary Seal Above Signa I Notary Paid O OPTIONAL - 04 Though the information below is not required by law, It may prove valuable to persons relylrig on the document " and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Doc f.rment _ Title or Type of Document:��,, C' V — r'� _ fe � `+' E " Document Date: Number of Pages: Y Signer(s) Other Than Named Above: Q Capacity(ies) Claimed by Signer(s) 0 Signer's Name: ._r Signer's Name: ❑ 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 El Attorney In Fact r x ❑ Trustee ❑Trustee Q ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: _- ❑Other: _ _ Signer Is Representing: Signer Is Representing: tJV Y:V T ♦ r Y ) _ , -�. i T � � .T�l+ T�I� .. ®2010 Natlonai Notary Associot#on•NationalNotnry.or0.1-800-US NOTARY(1-B0o-876.8827) Item#5807 Packet Pg. 543 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 Fiktule Filing dated March 26, 2008 and recorded on April 2,2008 a� as'Doctiment No. 2008-145378, in the Official Records of San Bernardino County, California, to this Easement. WELLS FARGO BANK,NATIONAL ASSOCIATION,as o agent for and on behalf of Wells Fargo Bank,National N Association and any and all other financial institutions identified in an Intercreditor Agreement executed by Agent and such Lenders N ce w v By: c i N WELLS FARGO BANK, E NATIONAL ASSOCIATION ~ C3 By: (n tY o: STATE OF TEXAS; § N 1. § ss. COUNTY OF DALLAS § c is 41n n was ACK.NOWLETJ �D before me of / ,2O/Z by Lwkc.-� E the Farg Bank, National Ass iation, a natieing 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, Q " & dwQ' 1'd it nterc editor Agreement executed by Agent and such Lenders. o N JANET G.DAU6HEllTY y Notary PUbiic STATE OF TEXAS My Comm.EV.Nov.04,2014 = m E My Commission Expires: AF A7, w _N a is S of T a Q Prints. Name of Notary blic Packet Pg. 544 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 a� recordation thereof by its duly authorized officer. s 0 Cn CITY OF SAN BERNARDINO a� E a� Bv: C- _r_ • _ _ City Clerk 0 Date: a U /2,, o E U a. o! 0 N M r.. C d E t U r.• Y Q O N N r C N E L U a+ Q C:\Documents and Settings\morrison_sy\Local Settings\Temporary Internet Files\Content.0utlook\30NONCY9\Form-Grant of Easement with BOWC on acceptance.doc Packet Pg. 545 EXffiBIT A (see attached) w a� 0 Cn c m E m N R W d C •L O E V d.+ �NN L7. a 0 N w M d' C d E Z V r w Q O N d E t V R r r-. Q S.L.f PROJECT NAME.SOUTHGATE SHEET 9 OF 5 APN.0136-361-32, 32 8 34 EXHIBIT "A" WATER EASEMENT s LEGAL DESCRIPTION a U) 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 E 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 w POR7701VS 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- m _EASEMENT NO. 9 30.00 FEET WIDE, THE CENTERLINE DESCRIBED AS FOLLOWS• o - . E 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; Q: THENCE ALONG SAID PARALLEL LINE, NORTH 00°21'02" WEST, 7.50 FEET TO A POINT C- ON A LINE PARALLEL WITH AND DISTANT 7.50 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM SAID NORTHERLY LINE OF CENTRAL AVENUE, SAID POINT N HEREINAFTER REFERRED TO AS POINT'A'; M 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 E OF SAID LOT"A'; THENCE ALONG LAST SAID PARALLEL LINE, NORTH 200 00'04"WEST, 819.15 FEET, Q THENCE SOUTH 690 59'56"WEST, 755.10 FEET,' N m THENCE NORTH 65°00'04"WEST, 65.88 FEET,' THENCE SOUTH 690 59' 56" WEST 967.36 FEET TO A LINE PARALLEL WITH AND E 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. 2008-0337916, OF SAID Q 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, Packet Pg. 547 S.L.f PROJECT NAME:SOUTHGATE SHEET 2 OF 5 - APN:0136-361-32, 33&34 a� WATER EASEMENT s LEGAL DESCRIPTION o Cn E9,SEMEN T N0. 2 c 1&00 FEET WIDE. THE CENTERLINE DESCRIBED AS FOLLOWS: E d BEGINNING AT ABOVE MENTIONED POINT"A'; to w THENCE ALONG SECOND MENTIONED PARALLEL LINE(BEING A LINE PARALLEL WITH AND DISTANT 7.50 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM SAID a; NORTHERLY LINE OF CENTRAL AVENUE), NORTH 89°38'58"EAST TO A POINT ON THE Cu SOUTHERLY CURVED LINE OF SAID LOT -B", SAID POINT BEING THE END POINT OF ,� EASEMENT NO. 2. 0 E 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 0 TERMINATE EASTERLY IN THE SOUTHERLY CURVED LINES OF SAID LOTS "B"AND"C" a EASEMENT NO, 1 AND EASEMENT NO. 2 CONTAINING_ o 104,751 SQUARE FEET OR Z 405 ACRES MORE OR LESS, M SUBJECT TO: COVENANTS, CONDITIONS, RESRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY, IF ANY, c a� E DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. QY .px �® 0 DATE: 1 Z 1` qpt L�J�Ip RIAN THIENES P.L.S. No. 5750 REG. EXP, 12131113 o E M N0. 5750 EKP.12/31/13 Q N:1253212532AESM712532J SBMWD.doc Last Update:01/10/12 --- Packet Pg. 548 di PROJECT NAME.• SOUTHGATE EXHIBIT tf/� SHEET 3 OF 5 APN.• 0136-361-32, 33 & 34 A :� WATER EASMENT 5th STREET VICIN17Y MAP a STREET a .SAN 8SANAR0INO /NTEt?rt�TlpNr#C HARRY SHE�PPARQ AtJI'ClkT DRS RuNA �t BLVD. , ANA' MILL ST. f _. .' RIVER cn y. G- .'� J"• a c PALM M2EVIS E DRIVE LU .' A }_ SAN BERNARpINO AVE. ` E SAN BERNARGO yp FREEWAY cn IN CRNAT101VAI �ERLI I WAY �} AIRPORT NARDIN N OrR RCC• S� N C G � 4 • �{ f.A f 8 AS q 15, p.R ,� �- AEI 2008 V40 11.OZZO�1 .0� pp 0 009 X 7 0 S�• NO EME EAS POSED ol 4� PALM MEADOWS DR. a SANTA ANA - Q �, - ---- RIVER Q _ LOCATION MAP N.T.S. Packet Pg. 549 ' M Q o � OR ES RX Co 04 m ITS a� W w I ti. D1 4e Q 2 \ 1+J I 1 ii �3i[ h to o7 I I I W y o r7 1 I 0 v • ' a 10 IZ Q C5 6 W w p I - �Q " C'1 Cn °� Cl uj a I W gN R � a a U o in IN, I I ' Cii q ► I I �° 4 , NON s I $.t Cam Pei w of { a • �� d da-9ddil - w rk 0. q Packet Pq.550 APN.J 0136-361, 32,T 334& 34 EXHIBIT sA �, SHEET 5 OF 5 WATER EASMENT LOT�A LOT 8 LOT C , LOT 8 LOT D jC/L 30' WIDE ' LLA 11-02, REC. 11/02/2011 ' I ; EASEMENT NO 1 INST. NO. 2011-0456118, O.R. 3Q' C/L 15' WIDE 40, f � � o EASEMENT NO. 2 f POINT "A" ' ' 00, f c E f L7 un un I ¢ P.O.S. rl: CENTRAL A VENUE E DETAIL "A" 6 SCALE 1' 80' a LINE 7A E.- co EXIS77NO SAN BERNARDINO \� L1 N20'00'05"W 25.00' WATER EASEMENT REC. 0712412008 AS DOC. 0/L 30' WIDE _L2 N20'00'05'W 7.89' M f ND. 2008-0337915, O.R. EASEMENT N0�1 L3 S6W59'56'W 967.36' f � L4 N65'00'04'1N 65.88' � E L5 S69'59'56'W 755.10' � ca L6 N20'00'04'W 819.15' Q L7 NO'21'02'W 7.50' N L8 NO'21'02"W 173.71' L9 N89'38'58"E 1404.61' m f L10 N89'38'58"E 516.63' ca I PARCEL 2 f L11 N61'2803"E 847.84' Q PARCEL MAP NO. 17887 DETAIL "B" -___ " L12 N70'QO QQ E 101.36 P.M.B. 237 / 66W73 SCALE. 1"= 80' 1 PREPARED BY.' EASEMENT AREA: Jt�f'l8S (g'/J7eering Inc. F-EFE/M INDICATES WATER t e1W L GjNEc j NE'•8 N0 UARV INO CONTAINS. 104.751 SO. FT. 2.405 ACRES lA MIRALK CALIFORNIA 9068 �21- r FAx{714 r-4r73 ,om7r4( t Packet Pg.551 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 a 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 0 Cn reasonable attorney's fees. ' r c a� 2. Grantor hereby agrees to save and hold harmless Grantee and its departments, agencies, E 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 w as 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, ca court costs, expenses of litigation and reasonable attorney's fees. o E 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 Y within the limits of this easement to include but not limited to buildings, walls, swimming or 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. a 4. No substantial landscape items will be installed within the limits of this easement to include N but not limited to trees, shrubs, landscape walls and similar type landscape material. r° 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. 2 5. Grantor reserves the right to require Grantee, at Grantor's expense, to remove and relocate o 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 r 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 E 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 a 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. Packet Pa. 552