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HomeMy WebLinkAbout27-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution authorizing and directing the execution of a Quitclaim Deed Dept: Development Services to Camden Holdings, LLC, for vacated Gannett Parkway, between Hallmark Date: June 2, 2009 Parkway and Georgia Boulevard, and an adjacent storm drain easement and accepting easements for storm drainage purposes, an easement for emergency vehicle access, and an easement and right of way for sidewalk ramps and traffic signal facilities. File No. 15.02-1532 MCC Date: July 6, 2009 Synopsis of Previous Council Action: 04/16/2007—Resolution No. 2007-130 was adopted, approving the vacation of Gannett Parkway, between Hallmark Parkway and Georgia Boulevard, and reserving certain temporary easements therein. Recommended Motion: Adopt Resolution. A /uai 6,Rio— Valerie C. Ross Contact person: Laszlo "Les" Fogassy Phone: 5026 Staff Report, Maps, Resolution Supporting data attached: Quitclaim Deed Ward: 6 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A (Acct. Description) N/A Finance: Council Notes: //4t3 /g2eVic-us / * /(p 7_ 6, 79 Agenda Item No. - c9.7 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution authorizing and directing the execution of a Quitclaim Deed to Camden Holdings, LLC, for vacated Gannett Parkway, between Hallmark Parkway and Georgia Boulevard, and an adjacent storm drain easement and accepting easements for storm drainage purposes, an easement for emergency vehicle access, and an easement and right of way for sidewalk ramps and traffic signal facilities. BACKGROUND: On April 16, 2007, Resolution No. 2007-130 was adopted, vacating Gannett Parkway, between Hallmark Parkway and Georgia Boulevard, relative to the development of a Lowe's store at this location. Certain temporary easements were reserved, including a storm drain easement and waterline easement to the City. Subsequently, Lowe's granted the City a non-exclusive emergency vehicle access easement across portions of vacated Gannett Parkway, as required by the Fire Department. A new street, to replace Gannett Parkway, known as Sun Way and located immediately northwest of the Lowe's store, was constructed by Lowe's and dedicated to the City. The storm drain and waterline have been relocated and the temporary easement is no longer needed. Lowe's has recently sold the property to Camden Holdings, LLC subject to a lease back to Lowe's. Prior to the transfer of the property, Lowe's had requested, through Adams Engineering, the elimination of all temporary easements reserved in the vacation resolution. Additionally, there is also a storm drain easement that was granted to the City previously on the Parcel Map on this site. Since the storm drain has been realigned, the quitclaim of this easement was also requested by Lowe's. This easement is immediately adjacent to vacated Gannett Parkway, as shown on the attached plat map. Staff has determined that the most efficient way to eliminate the temporary easements would be to quitclaim all of Gannett Parkway, together with the adjacent storm drain easement referenced above, to the current property owners, and record only the easements that are needed for present facilities and improvements. The easements will also include a re-dedication of the emergency vehicle access easement, since it is within vacated Gannett Parkway and will be included in the Quitclaim. The alternative to the quitclaim of the entire vacated area would be to do separate Quitclaim Deeds for each of the various and separate easements. The attached resolution authorizes and directs the execution of a Quitclaim Deed to Camden Holdings, LLC. Camden Holdings has executed new easements to the City for the realigned storm drain, emergency vehicle access and an easement and right of way for sidewalk ramps and traffic signal facilities along Hallmark Parkway, the acceptance of which is also authorized by the attached resolution. Staff Report—Continued FINANCIAL IMPACT: None RECOMMENDATION: Adopt Resolution. Attachments: -Vicinity Map -Map depicting area to be Quitclaimed -Resolution Location of vacated Gannett Parkway and storm drain easement to be Quitclaimed and jj acceptance of R/W easements (Lowe's) t-4 .,% o e I _. i,,47f Q �]� i J► :��� �� I i �''a°�� J°�, ® No Scale I/ \ \ � 4 40th St.L I f 6 a ° Marshall Blvd. % � i may . � //.a� Highland Ave. . '/ se eh 3 a'Ms2 1 4-'..cn it:,' ,,,-, , A.Base Line St. ``' in ° xi cv . 9th St a ■_WV&1 cil . k4/14.AL : • 5th St. c -7�/—Al. ∎���__,� 1r Il Rialto Ave. .• a Mill St. J-11 o c ° U a d Orange Show Rd. 111 ���� 1 __ oil VICINITY MAP CITY OF SAN BERNARDINO Proposed quitclaim of vacated Gannett DEVELOPMENT SERVICES DEPARTMENT Parkway, between Hallmark Parkway and REAL PROPERTY SECTION Georgia Boulevard,and an adjacent storm drain easement and acceptance ■ indicates un—incorporated areas / within City's Sphere of Influence of right of way easements. Created by: , ,g,G Date:6l2/eI Approximate Depiction of Quitclaim of Gannett Parkway I \ P.O.C. ` HALLMARK PARKWAY — - L 1 RICHT-OF-IYAY PER P.41 NI. 5902 TP.OR L2 RECD 04/D9j 1987 IN BOOK 64, PARCEL 2 Sj855 44 E I TP.oa PACES J0-32, 0.R. L4 ` 110.00' PARCEL 1 Cl I _ PARCEL 2 R=25 00" v 4=900012" L=39 27' _ / LINE TABLE I `'2,9 NO REARM' DISTANCE 1 Sj8 55'44£ 55.00' dp L2 55104'16"s'0) 40.00' d tn L3 N51 0404E 40.00' o L4 N38 55'44%Y 5 00' '�I .. _■_■ L5 S26''17'45'If 71.59' E o A 9 80 160 h h. PCL. 37 LLA NO. 07-04 PCL. 37 a I ' DOC. 2008-0025745 P.M. NO. 5902 O.R.oW BOOK 64, z APN.• 0266-561-14-0000 PAGES 30-32, APN: 0266-561-15-0000 0.R. i APN: 1 0266-363--24-0000 53772'03141 CURIE TABLE 7551' NO RADIUS _ DELTA _ARC LENG77-I 30' I 30• i Cl 25.09' 89'59'48= 59.27' ■ 55104 V4"w 7752' R=35 00' S68'44'04 E(R) ���A;S��G A=9000'26" '� ' L=54 98' I R=90 00' v� F 4=29'48'33" Mic a l D.� L=46..82' E is 30-09 ___\y N385530'iy 12500" r197t i ! (No. 6896 �Q GEORGIA BOULEVARD O- 6, *- v�`� 4-&-041 Appc+oximste Depiction oar Imemency Access Easement \ J I , f / / ✓'.f P.O.C. HALLMARK PARKWAY RlC-/Tcr MAY P 7?P.J/. M9. 5902 L> RE67 04/09/1981 IN 5612t 64, — P.OB� L2 PACES 30-32, 0.R. 30' 90 i . "J LINE TABLE v v NO BEAR/NO DISTANCE L1 S510404' 40.A7' c4 II -Cf L2 S38 5544E 24.60' O-. .`L9(R). L3 S51 04 09 71' 103. 15' p 1 c3 C2 PCL. 37 L4 SI30526" 4.73' :1-Ji LLA NO. 07-04 1.5 S37.12 Art 75.51' 41i -.,I DOC. 2008-0025745 L6 A[3855"3oW' 24.07' O.R. L7 N37'01'47"E 8356' % s J APN.• 01156-56>-14-ObOb L8 A510104E /03. 18' A134/• 02156-561-15-(47JO L9 S49 44'13"E k A k,.j 4 L 10 N49 44'13,f � 1-I At N CURW TABLE PCL. 3 7 I C1 5 L 4 NO RADIUS DELTA ARC LENGTH saw' 10 48'17" 9.43' LLA NO. 07-04 C2 2648.40' 1048'17' 38.92' DOC. 2008-0025745 ,:o CJ 182.40' 1048'17" 34.40' O.R. i v) ci, C4 74.617' 1048'17" 13.95' APN.• ti 02M-30-24-0000 W 1 t a IAND S0 W . � '` ' #Fs- i�- ,W ti v Michael D. Levin .1-.) '..13131 \\11:...-') I-s'Pl`'•:' 4( * Exp. 6-30-09 OFCAOO GEORGIA BOULEVARD 4`4'Ai L6 / Ii= IIIM r 0 80 160 Y Applvaimate Depiction of Sidewalk Ramps and Traffic Signal Facilities Easement 55104 '16”S' 40. 00 ' N01 '12'51-E 20.24' 1 N51 '04 '04 EE 54, 79' N3855'44"Y 60. 00 ' - - GANNETT PARKWAY N.38 55'44"11, ✓ACATIDN PER RESOL UT ION NO. 2007-1,30 T.P.O.B. I 45. 47' RECD 10/04/2007 AS 00C NO 2007-0565611, 0.R. PARCEL 1 P.O.C. (FORMERL Y CAMPEAU DRIVE) r. 551 04 '04 if 42.84 ' I / N8523'31'70.34. 49' ., Nt- � , 6 1 (;Cr.S 40' 40 ' mg ■ o m 0 60 Igo PCL. 37 I o oor') LLA NO. 07-04 1 v, DOC. 2008-0025745 Q,, k QL D1_AND ,, O.R. 1h � Mien,e, •vine. APN• 0266-561-16-0000 ct I ,. i 30-•• ' , 11 No. 6896 N 1 91F OF CPk.\0` 4 S51 4 '16"l4 S2 OD ' - &-047 Q- o T.P.O.B. A • 510 CO'00"E 25.51 ' I C PCL. 4 LLA NO. 07-04 PARCEL 2 N38 55'44"ill DOC. 2008-0025745 SJ855'44E 46. 16' 42 70' O. R. R=952.00' APN: 0266-561-17-0000 a=42:36' " 1 z=4.32.3' 576 20 '12'E 21. 95' 548 28'10 lY(R2 li 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND 3 DIRECTING THE EXECUTION OF A QUITCLAIM DEED TO CAMDEN HOLDINGS, LLC, FOR VACATED GANNETT PARKWAY, BETWEEN HALLMARK PARKWAY 4 AND GEORGIA BOULEVARD AND AN ADJACENT STORM DRAIN EASEMENT AND AUTHORIZING THE ACCEPTANCE OF EASEMENT FOR STORM DRAINAGE 5 PURPOSES, AN EASEMENT FOR EMERGENCY VEHICLE ACCESS AND AN 6 EASEMENT AND RIGHT OF WAY FOR SIDEWALK RAMPS AND TRAFFIC SIGNAL FACILITIES. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 8 OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and 10 directed to execute on behalf of the City, a Quitclaim Deed to Camden Holdings,LLC, a copy of 11 which is attached hereto as Exhibit "1" and made a part hereof, for vacated Gannett Parkway, 12 13 between Hallmark Parkway and Georgia Boulevard and an adjacent storm drain easement, more 14 fully described and depicted in said Quitclaim Deed. 15 SECTION 2. That the City Clerk is hereby authorized and directed t accept on behalf of 16 the City,an easement for storm drainage purposes,attached hereto as Exhibit"2"and made a part 17 hereof, an easement for emergency vehicle access,attached hereto as Exhibit"3"and made a part 18 19 hereof,and an easement and right of way for sidewalk ramps and traffic signal facilities, attached 20 hereto as Exhibit "4" and made a part hereof. 21 SECTION 3. That the City Clerk shall file, or cause to be filed, said Quitclaim Deed and 22 easements with the County Recorder of San Bernardino County. 23 /// 24 25 /// 26 27 28 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A QUITCLAIM DEED TO CAMDEN HOLDINGS, LLC, FOR VACATED GANNETT 1 PARKWAY,BETWEEN HALLMARK PARKWAY AND GEORGIA BOULEVARD AND AN ADJACENT STORM DRAIN EASEMENT AND AUTHORIZING THE ACCEPTANCE OF EASEMENT FOR STORM 2 DRAINAGE PURPOSES,AN EASEMENT FOR EMERGENCY VEHICLE ACCESS AND AN EASEMENT AND RIGHT OF WAY FOR SIDEWALK RAMPS AND TRAFFIC SIGNAL FACILITIES. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof 6 held on the day of , 2009, by the following vote, to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 11 BAXTER 12 BRINKER 13 SHORETT 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 19 City Clerk 20 The foregoing resolution is hereby approved this day of , 2009. 21 22 23 PATRICK J. MORRIS, Mayor 24 City of San Bernardino 25 Approved as to form: 26 JAMES F. PENMAN, City Attorney 27 28 Requested by and when recorded return to and mail tax statements to: An Miller Camden Holdings LLC 9454 Wilshire Boulevard, Suite 650 Beverly Hills, CA 90212 APN: 0266-363-58, 60 QUITCLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF SAN BERNARDINO, a municipal corporation ("City"), does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to CAMDEN HOLDINGS, LLC, a California limited liability company, any and all easements granted to the City within the portion of the real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT"A" AND ILLUSTRATED ON EXHIBIT"B" AND MADE A PART HEREOF CITY OF SAN BERNARDINO Date: By: PATRICK J. MORRIS, Mayor EXHIBIT "1" State of ) County of ) On before me, (here insert name and title of the officer), personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 2 EXHIBIT `A' LEGAL DESCRIPTION PARCEL 1 THAT PORTION OF GANNETT PARKWAY LYING SOUTHWESTERLY OF HALLMARK PARKWAY, DELINEATED AS CAMPEAU DRIVE ON PARCEL MAP NO. 5902 RECORDED IN BOOK 64, PAGES 30 THROUGH 32, OF PARCEL MAPS, TOGETHER WITH THAT GRANT OF EASEMENT RECORDED OCTOBER 11, 2007 AS DOCUMENT NO. 2007-0574078, OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT •B' ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT: COMMENCING AT THE CENTERLINE INTERSECTION OF HALLMARK PARKWAY (40-FOOT HALF-WIDTH PER SAID PARCEL MAP NO. 5902) AND GANNETT PARKWAY (30-FOOT HALF-WIDTH); THENCE, SOUTHEASTERLY ALONG THE CENTERLINE OF SAID HALLMARK PARKWAY, SOUTH 38°55'44" EAST, A DISTANCE OF 55.00 FEET; THENCE, LEAVING SAID CENTERLINE, SOUTH 51°04'16" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID HALLMARK PARKWAY, SAID POINT ALSO BEING ON THE NORTH LINE OF PARCEL 2 OF PARCEL MAP NO. 13970, AS PER PLAT RECORDED IN BOOK 166 OF PARCEL MAPS, PAGES 8 THROUGH 9, RECORDS OF SAID COUNTY, SAID POINT BEING THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 25.00 FEET AND BEING THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'12-, AN ARC DISTANCE OF 39.27 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID GANNETT PARKWAY; THENCE, ALONG SAID SOUTHEASTERLY LINE, SOUTH 5I 004'04" WEST, A DISTANCE OF 305.12 FEET; THENCE, LEAVING SAID SOUTHEASTERLY LINE, SOUTH 37°12'03" WEST, A DISTANCE OF 75.51 FEET ALONG THE PORTION OF LAND GRANTED IN SAID GRANT OF EASEMENT RECORDED OCTOBER II, 2007 AS DOCUMENT NO. 2007- 0574078, OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY; THENCE SOUTH 5I 004'04" WEST, A DISTANCE OF 77.52 FEET TO A POINT ON SAID SOUTHEASTERLY RIGHT OF WAY LINE OF GANNETT PARKWAY, SAID POINT LYING ON A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 90.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 68 °44'04" EAST: THENCE, SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 29°48'33". AN ARC DISTANCE OF 46.82 FEET TO ITS INTERSECTION WITH THE • SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF PARCEL 37 OF SAID PARCEL MAP 5902; THENCE, NORTHWESTERLY ALONG SAID PROLONGATION, NORTH 38°55'30" WEST, A DISTANCE OF 125.00 FEET TO A POINT ON SAID SOUTHWESTERLY LINE OF SAID PARCEL 37, SAID POINT BEING THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 35.00 FEET; THENCE, EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'26", AN ARC DISTANCE OF 54.98 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID GANNETT PARKWAY AND THE SOUTHEASTERLY LINE OF SAID PARCEL 37; THENCE, NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE OF GANNETT PARKWAY AND SAID SOUTHEASTERLY LINE OF PARCEL 37, NORTH 51°04'04" EAST, A DISTANCE OF 465.72 FEET TO A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE, NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 89°59'48", AN ARC DISTANCE OF 39.27 FEET TO A POINT ON SAID SOUTHWESTERLY LINE OF HALLMARK PARKWAY; THENCE, ALONG THE SOUTHEASTERLY PROLONGATION OF SAID SOUTH- WESTERLY LINE, SOUTH 38°55'44" EAST, A DISTANCE OF 110.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 33,522 SQUARE FEET OR 0.7696 ACRE OF LAND, MORE OR LESS. PARCEL 2 THAT PORTION OF PARCEL 37 OF PARCEL MAP NO. 5902 RECORDED IN BOOK 64, PAGES 30 THROUGH 32, OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING ALL OF A CERTAIN DRAINAGE EASEMENT DEDICATED PER SAID PARCEL MAP NO. 5902, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF HALLMARK PARKWAY (40-FOOT HALF-WIDTH PER SAID PARCEL MAP NO. 5902) AND GANNETT PARKWAY (30-FOOT HALF-WIDTH); THENCE, SOUTHEASTERLY ALONG THE CENTERLINE OF SAID HALLMARK PARKWAY, SOUTH 38°55'44" EAST, A DISTANCE OF 55.00 FEET; THENCE, LEAVING SAID CENTERLINE, SOUTH 51'04'16- WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID HALLMARK PARKWAY; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE, NORTH 38°5544- WEST. A DISTANCE OF 1 10.00 FEET TO THE TRUE POINT OF BEGINNING, BEING THE MOST NORTHERLY ENDPOINT OF A TANGENT CURVE FOR GANNETT PARKWAY; THENCE, CONTINUING ALONG SAID SOUTHWESTERLY LINE, NORTH 38°55'44" WEST, A DISTANCE OF 5.00 FEET; THENCE, LEAVING SAID SOUTHWESTERLY LINE, SOUTH 26°17'45" WEST, A DISTANCE OF 71.59 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID GANNETT PARKWAY; THENCE, NORTH 51°04'04- EAST, ALONG SAID NORTHWESTERLY LINE, A DISTANCE OF 40.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE, NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 89°59'48", AN ARC DISTANCE OF 39.27 TO THE TRUE POINT OF BEGINNING, CONTAINING 841 SQUARE FEET OR 0.0193 ACRE OF LAND, MORE OR LESS. ,...:---;---:',-./-7,--:-.., J , 1:kik(c 1 .\ ';. . . :3 i r EXEIEBiT'B' Appmmimate Depiction of Quitclaim of Gannett Parkway ) II P.O.C. HALLMARK PARKI/A y L 1 RIGHT-G it4Y PER P.4' M9. 5902 TP.o.B. L2 RECD 04/09/1981 IN 800K 64, -o PARCEL 2 S3855'442- _L 4 110 00' I TP.OB• PACES 30-32, D R PARCEL 1 1 Cl PARCEL 2 R-25.00' v d=90'00'12" L=.39.27' \ •- L/NE TABLE ,,re, NO BEARING' DISTANCE 9� L 1 53855'44 E 55.00' �o L2 55104'16,0'0) 40.00' Q Li N51 0404£ 40.00' 1 L4 N3855 44%' 5.00' ',I 3 _�_� L5 526'17'45'' 71 59' ,Q", o a g 80 160 �i141i hQ h PCL. 37 LLA NO. 07-04 PCL. 37 a 1 DOC. 2008-0025745 P.M. NO. 5902 0c O.R. BOOK 64, _ APN• 0266-561-14-0000 PAGES 30-32, APN• 0266-561-15-0000 O.R. C� I APN- 0266-363-21-00619 SJ772'0514/ CURD TABLE 7551' NO RADIUS DELTA I ARC LENGIN 30' 30' Cl 25 00' 89'59'48- I J9.27' i 55104 04"W 7752' R=JS .�D I \� s,56'44,'04"��,P� �� 1-=90 20'6°� �`C L=54 98 ,F----.90 G0 ��� �G {4=-2948'33" Vc'c I D. !_ever �`. L=4682" __� =i -30-u9 '. __ _ 12500" GEORGIA BOULEVARD `��,9T No. E�%� 4•G-oq Requested by and when recorded mail to: CITY CLERK CITY HALL 300 North "D" Street San Bernardino, CA 92418 APN: 0266-363-58, 60 FEE EXEMPT PURSUANT TO GOV. CODE SECTION 27383 EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CAMDEN HOLDINGS, LLC, a California limited liability company ("Grantor"), hereby grants to the CITY OF SAN BERNARDINO, a municipal corporation ("Grantee"), a non-exclusive easement and right-of-way for STORM DRAINAGE PURPOSES, in, over, under and across that certain portion of real property belonging to Grantor located in the City of San Bernardino, County of San Bernardino, State of California, that is legally described in attached Exhibit A ("Legal Description of Storm Drain Easement"), depicted in attached Exhibit B, subject to the conditions contained in attached Exhibit C. Date: � 15-1� �QC GRANTOR: CAMDEN HOLDIN•S, LLC, a California limiter bility co .any By: ! N7-e: 7- Title: This is to certify that the interest in the real property conveyed by the within instrument to the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council, and Grantee consents to the recordation thereof by its duly authorized officer. CITY OF SAN BERNARDINO By: City Clerk Date: Location: Hallmark Pkwy. & University Pkwy., File No. /S CZ-/i3� EXHIBIT "2" Approved as to form: JAMES F. PENMAN, City Attorney State of Go—L( F"0s (A-) County of L-05 L&e �) On NiZ-I L I j..-9 before me,� qttrAiLl—���� ��-1 r'1.z��r 2c1.icctere insert name and title of the officer), personably appeared fkL1 lnt 111L. i2 , who proved to me on the basis of satisfactory evidence to be the persorerwhose name(s}----- is4srsriubscribed to the within instrument and acknowledged to me that he/Ore/trey-executed the same in his/fir 9uthorized capacity(jesj;and that by his/her/iherth sgnature(sran the instrument the persorns), or the entity upon behalf of which the personjsracted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature G�--∎.-3-- t (Seal) KATALIN LANGIANESE ( `` ;: !! ! Li 2009 EXHIBIT `A' LEGAL DESCRIPTION OF STORM DRAIN EASEMENT A PORTION OF GANNETT PARKWAY (FORMERLY CAMPEAU DRIVE) VACATED PER RESOLUTION NO. 2007-130 RECORDED OCTOBER 4, 2007 AS DOCUMENT NO. 2007-0565611 AND A PORTION OF PARCEL 37 OF LOT LINE ADJUSTMENT NO. 07-04 RECORDED JANUARY 18, 2008 AS DOCUMENT NO. 2008-0025745, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A STRIP OF LAND 20.00 FEET WIDE, 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE AS ILLUSTRATED ON EXHIBIT 'B' ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT: COMMENCING AT THE CENTERLINE INTERSECTION OF HALLMARK PARKWAY (40-FOOT HALF-WIDTH PER PARCEL MAP NO. 5902 RECORDED APRIL 9, 1981 IN BOOK 64, PAGES 30 THROUGH 32, INCLUSIVE, OF PARCEL MAPS) AND GANNET PARKWAY (30-FOOT HALF-WIDTH); THENCE, SOUTHWESTERLY, ALONG THE CENTERLINE OF SAID GANNETT PARKWAY, SOUTH 51°04'04" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID HALLMARK PARKWAY; THENCE, ALONG SAID SOUTHWESTERLY LINE, NORTH 38°55'44" WEST, A DISTANCE OF 19.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID SOUTHWESTERLY LINE, SOUTH 04°28'07" EAST, A DISTANCE OF 21.17 FEET; THENCE, SOUTH 32°31'53" WEST, A DISTANCE OF 562.98 FEET TO A POINT ON THE NORTHEASTERLY LINE OF A 20.00 FOOT WIDE DRAINAGE EASEMENT DEDICATED PER SAID PARCEL MAP NO. 5902, SAID POINT BEING THE POINT OF TERMINUS AND CONTAINING 11,683 SQUARE FEET OR 0.27 ACRE OF LAND, MORE OR LESS. THE SIDELINES OF SAID EASEMENT SHALL TERMINATE NORTHERLY AT SAID SOUTHWESTERLY RIGHT OF WAY LINE OF HALLMARK PARKWAY AND SOUTHERLY ON THE NORTHEASTERLY LINE OF SAID 20.00-FOOT WIDE DRAINAGE EASEMENT. /_ I ,/ .\f � n 1 Vt,101. EXHIBIT'B Aponn imai a Depiction of Storm Drain Easement N ji L__________________________ 9<" P.O.C. HALLMARK PARKWAY °" RICHT-0f Jf 'PER P 4 4,0. 5902 S51 0404%Y 40 00' RECD 04/09/1981 IN ROGW 64, PACES.50-J2, 0.R. a NJB 55'44%f 19.95' TP.OB. �'� — — — 504 28'07 E 21. 17' /' r ■ PCL. 37 LLA NO. 07-04 DOC. 2008-00257451 0 80 160 O.R. i Lk I\ APN.• ° 0266-561-15-0000 PCL. 37 I• .•r", I LLA NO. 07-04 ggI h DOC. 2008-002574511 ' .. , 1 O.R. N • IEI I W� N Q l ' u & I `� PCL. 37 Q LLA NO. 07-04 I�> 4. I DOC. 2008-0025745 I I O.R. / SAO �A ND/,4 JO' JO• \ APN. 0266-561-14-0000 Mir a D� il , F,/ I I 6-30-09 / ) / * ' \ 20' ij% No E83 �T ����� \� 20"GRAINaCE EASEf 1,' ,-' PqF/,',E1 f1AP NO. `902 DECD,4P9./Z 9, 1981 \ /—800K 54, PACES J0-J2 GEORGIA BOULEVARD // /` - - - - - - - - _I -. ___ - P.O.T. EXHIBIT C Conditions of Easement Grant This Easement is granted subject to the following conditions: 1. This Easement shall be binding upon and inure to the benefit of successors, heirs, and assigns of Grantor and Grantee. 2. Grantee shall at all times indemnify, defend and save harmless Grantor against, and pay in full, all loss, damage or expense that Grantor may sustain, incur or become liable for expense (including, but not limited to, reasonable attorneys' fees and court costs), caused by Grantee's use or exercise of the rights granted herein, including any such loss, damage or expense arising out of (a) loss of or damage to property and (b) injury to or death of persons, excepting any loss, damage or expense and claims for loss, damage or expense resulting from the negligent act or acts of the Grantor, its contractors, agents or employees. 3. Grantee's use of the Grantor Property shall be limited to those purposes set forth in this Easement. 4. The easement rights granted herein are subject to all existing matters of record. 5. All work shall be performed by Grantee in a workmanlike manner, and Grantee shall restore the above-described property and any improvements thereon to the condition existing prior to the commencement of any construction, maintenance, improvements or repair. Requested by and when recorded mail to: CITY CLERK CITY HALL 300 North "D" Street San Bernardino, CA 92418 APN: 0266-363-58, 60 FEE EXEMPT PURSUANT TO GOV. CODE SECTION 27383 EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CAMDEN HOLDINGS, LLC, a California limited liability company ("Grantor"), hereby grants to the CITY OF SAN BERNARDINO, a municipal corporation ("Grantee"), a non-exclusive easement and right-of-way for EMERGENCY VEHICLE ACCESS, in, over and across that certain portion of real property belonging to Grantor located in the City of San Bernardino, County of San Bernardino, State of California, that is legally described in attached Exhibit A (the "Legal Description of Emergency Access Easement"), as approximately depicted in attached Exhibit B, and subject to the conditions contained in attached Exhibit C. Date: GRANTOR: CAMDEN HOLDINGS, LLC, a California Iimite• 'ability o pany By: NCIA,4, 1■A Title: This is to certify that the interest in the real property conveyed by the within instrument to the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council, and Grantee consents to the recordation thereof by its duly authorized officer. CITY OF SAN BERNARDINO By: City Clerk Date: Location: Hallmark Pkwy. & University Pkwy., File No. /S.oZ-/..53z- EXHIBIT "3" Approved as to form: JAMES F. PENMAN, City Attorney State of (A-Li i oA i A- ) County of ) On Z..4 t I C o0`1 before me, rJ LA-2N)C 43 e E �a;){ 23t.)((here insert name and title of the officer), persona ly appeared ( t,.r'I L L who proved to me on the basis of satisfactory evidence to be the personhose name(s)----is/ace-§ubscribed to the within instrument and acknowledged to me that he/sJ iti xecuted the same in his/f� /tetF authorized capacity(0,erind that by his/ r signatureon the instrument the person , or the entity upon behalf of which the person,(,$)- cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �' ' — ✓� �'` �� (Seal) KATALIN LANGiANESE • NOTARY PUBLIC-CALIFORNIA �►`- COMMISSION# 16C6006 c Zy LOS ANGELES COUNTY ." My Comm.Exp.Sept. 12 2009 EXHIBIT `A' LEGAL DESCRIPTION EMERGENCY ACCESS EASEMENT A PORTION OF GANNETT PARKWAY (FORMERLY CAMPEAU DRIVE) VACATED PER RESOLUTION NO. 2007-130 RECORDED OCTOBER 4, 2007 AS DOCUMENT NO. 2007-0565611 AND A PORTION OF PARCEL 37 OF LOT LINE ADJUSTMENT NO. 07-04 RECORDED JANUARY 18, 2008 AS DOCUMENT NO. 2008-0025745, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT 'B' ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT: COMMENCING AT THE CENTERLINE INTERSECTION OF HALLMARK PARKWAY (40-FOOT HALF-WIDTH PER PARCEL MAP NO. 5902 RECORDED APRIL 9, 1981 IN BOOK 64, PAGES 30 THROUGH 32, INCLUSIVE, OF PARCEL MAPS) AND GANNETT PARKWAY (30-FOOT HALF-WIDTH); THENCE, SOUTHWESTERLY ALONG THE CENTERLINE OF SAID GANNETT PARKWAY, SOUTH 51°04'04" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID HALLMARK PARKWAY AND BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG SAID SOUTHWESTERLY LINE, SOUTH 38°55'44" EAST, A DISTANCE OF 24.00 FEET; THENCE, LEAVING SAID SOUTHWESTERLY LINE, SOUTH 51°04'04" WEST, A DISTANCE OF 103.15 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 50.00 FEET; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10'481 7-, AN ARC LENGTH OF 9.43 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 49°4413- EAST. HAVING A RADIUS OF 206.40 FEET; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10'48' 17-, AN ARC LENGTH OF 38.92 FEET; THENCE. SOUTH 51 004'04" WEST. A DISTANCE OF 174.40 FEET; THENCE. SOUTH 33°05'26" WEST, A DISTANCE OF 4.73 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID GANNETT PARKWAY; THENCE. SOUTH 37°I2'03" WEST. A DISTANCE OF 75.51 FEET; THENCE, SOUTH 51°04'04" WEST, A DISTANCE OF 122.26 FEET TO THE NORTHEASTERLY LINE OF GEORGIA BOULEVARD, AS IT CURRENTLY EXISTS; THENCE, ALONG SAID NORTHEASTERLY LINE, NORTH 38°55'30" WEST, A DISTANCE OF 24.00 FEET; THENCE, LEAVING SAID NORTHEASTERLY LINE, NORTH 51°25'18" EAST, A DISTANCE OF 116.02 FEET; THENCE, NORTH 37°01'47" EAST, A DISTANCE OF 83.56 FEET; THENCE, NORTH 51°04'04" EAST, A DISTANCE OF 177.36 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 182.40 FEET; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°48'17", AN ARC LENGTH OF 34.40 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 49°44'13- EAST, HAVING A RADIUS OF 74.00 FEET; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°48'17-, AN ARC LENGTH OF 13.95 FEET TO A POINT ON THE CENTERLINE OF SAID GANNETT PARKWAY; THENCE, ALONG SAID CENTERLINE, NORTH 51°04'04" EAST, A DISTANCE OF 103.18 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.2531 ACRE OR 11,026 SQUARE FEET OF LAND, MORE OR LESS. / O� y �,/ .! °. ,eii(1 \'43421 ,',1 Al 1 '\ '.) .., / ,/; EXHIBIT'B' Awn=lingo Deletion of Bmenelacy Access Basq neat N _____) ; _- 9� dO P.O.C. HALLMARK PARKWAY RIQYT-a'A 4Y FEW P.it AV. 5902 P.oB� L> L2 RECO 04/09/1.4191 IN bth:ff 64 PACES 30-32, O.R. 90' 30 co Pn LINE TABLE V I NO BEAR/NO DISTANCE L 1 S51'04 04 N' 40.01' ct; c4 I C> L2 539'5544 E 24.00' O-�r ,`L9�R) L3 551 040 103 >5' ��1 C3 PCL. 37 L4 S.J 0526 w 4.73' -41 LLA NO. 07-04 L5 S37'12'0,5.If 75.51' --\I- DOC. 2008-0025745 L6 NT8 S5'30.0 24.00' I O.R. L7 4(37 0147E 83 56' APN. 0266-561-14-000117 L8 4(51 0404E 103. 18' I ki APN 0266-561-15 L.9 S49 44'>3 E L 10 441944'130 I a I ^ I\ g . oCURIE' TABLE i NO RADIUS DELTA ARC LENCn/ PCL. 37 8 ,� L4 LLA N0. 07-04 ICI c> 0.60' >0'4a'>7. 9.9(x' 02 205.40' 10'48'17" 39.92' DOC. 2008-0025745 .0 CJ 182.40' 10'8'17' 34.40' O.R. It~ Cl vI Z, 74.A7' 1048'17" 13.95' APN• 0266-36J-24-0000 I I I Iwo I .k. NANOS��F I �4i ti Michael D. Levin � 1:% \ ll. '� � Exp. 6-30-09 J9. No. 6896 �Q '— 94- CAUFO' GEORGIA BOULEVARD ! 4'4-oil L6 1 EMI r 0 80 160 EXHIBIT C Conditions of Easement Grant This Easement is granted subject to the following conditions: 1. Grantor reserves the right to relocate the access drives on the Grantor Property from time to time within the Grantor Property as long as the relocated access drives continue to provide Grantee unobstructed access for Grantee's emergency vehicles to and from Hallmark Parkway and Georgia Boulevard, outside the Loading Zones on the Grantor Property as approximately depicted and labeled on attached Exhibit B. The relocation of the access drives by Grantor shall be subject to the reasonable approval of Grantee. 2. This Easement shall be binding upon and inure to the benefit of successors, heirs, and assigns of Grantor and Grantee. 3. Grantee shall at all times indemnify, defend and save harmless Grantor against, and pay in full, all loss, damage or expense that Grantor may sustain, incur or become liable for expense (including, but not limited to, reasonable attorneys' fees and court costs), caused by Grantee's use or exercise of the rights granted herein, including any such loss, damage or expense arising out of (a) loss of or damage to property and (b) injury to or death of persons, excepting any loss, damage or expense and claims for loss, damage or expense resulting from the negligent act or acts of the Grantor, its contractors, agents or employees. 4. Grantee's use of the Grantor Property shall be limited to those purposes set forth in this Easement. 5. The easement rights granted herein are subject to all existing matters of record. 6. All work shall be performed by Grantee in a workmanlike manner, and Grantee shall restore the above-described property and any improvements thereon to the condition existing prior to the commencement of any construction, maintenance, improvements or repair. Requested by and when recorded mail to: CITY CLERK CITY HALL 300 North "D" Street San Bernardino, CA 92418 APN: 0266-363-58, 60 FEE EXEMPT PURSUANT TO GOV. CODE SECTION 27383 EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CAMDEN HOLDINGS, LLC, a California limited liability company ("Grantor"), hereby grants to the CITY OF SAN BERNARDINO, a municipal corporation ("Grantee"), a non-exclusive easement and right-of-way for SIDEWALK RAMPS and TRAFFIC SIGNAL FACILITIES, in, over, under and across that certain portion of real property belonging to Grantor located in the City of San Bernardino, County of San Bernardino, State of California, that is legally described in attached Exhibit A and depicted in attached Exhibit B, subject to the conditions contained in attached Exhibit C Date: T"d\ ( ` OO S GRANTOR: CAMDEN HOLDINGS, LLC, a California limited ' bility co any By: L)-- e: A�; /\; k∎21 Title: `' r This is to certify that the interest in the real property conveyed by the within instrument to the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council, and Grantee consents to the recordation thereof by its duly authorized officer. CITY OF SAN BERNARDINO By: City Clerk Date: Location: Hallmark Pkwy. & University Pkwy., File No. r6 oL-I534- EXHIBIT "4" Approved as to form: JAMES F. PENMAN, City Attorney State of CA-t_I FoeriI h ) County of I- 'S A,3 C-- --2.----7=> ) Pug N omere.Lf Li c- on i lr /S £c>1 before me,<-� j •LI#3 Gl ,•1 . (here insert name and title of the officer), personally appeared ft-e--1 1A.t i t� Z who proved to me on the basis of satisfactory evidence to be the person.(0-whose names)-- is/subscribed to the within instrument and acknowledged to me that he/sktelffieq-executed the same in his/l le/MMeif"authorized capacity(i , and that by his/he ItEeir s gnature(.$)-en the instrument the person�or the entity upon behalf of which the person(s)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Q-"s-- , 7 -w 'c . �, (Seal) KATALIN LANGIANESE ? is \ NOTARY PUBLIC-CALIFORNIA , COMMISSION#1606008 y6,-*. (7) %s' LOS ANGELES COUNTY _L My m Com.Exp Sept_12.2009_ F EXHIBIT `A' PARCEL 1 LEGAL DESCRIPTION OF SIDEWALK RAMPS AND TRAFFIC SIGNAL FACILITIES EASEMENT A PORTION OF GANNETT PARKWAY (FORMERLY CAMPEAU DRIVE) VACATED PER RESOLUTION NO. 2007-130 RECORDED OCTOBER 4, 2007 AS DOCUMENT NO. 2007-0565611 AND A PORTION OF PARCEL 37 OF LOT LINE ADJUSTMENT NO. 07-04 RECORDED JANUARY 18, 2008 AS DOCUMENT NO. 2008-0025745, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT 'B' ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT: COMMENCING AT THE CENTERLINE INTERSECTION OF HALLMARK PARKWAY (40-FOOT HALF-WIDTH PER PARCEL MAP NO. 5902 RECORDED APRIL 9, 1981 IN BOOK 64, PAGES 30 THROUGH 32, INCLUSIVE, OF PARCEL MAPS) AND GANNETT PARKWAY (30-FOOT HALF-WIDTH); THENCE, NORTHWESTERLY ALONG THE CENTERLINE OF SAID HALLMARK PARKWAY, NORTH 38°55'44" WEST, A DISTANCE OF 45.47 FEET; THENCE, LEAVING SAID CENTERLINE, SOUTH 51°04'16" WEST, A DISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE, ALONG THE SOUTHWESTERLY RIGHT OF WAY OF SAID HALLMARK PARKWAY, SOUTH 38°55'44" EAST, A DISTANCE OF 99.23 FEET; THENCE, LEAVING SAID SOUTHWESTERLY RIGHT OF WAY, NORTH 85°23'31" WEST, A DISTANCE OF 34.49 FEET TO THE SOUTHEASTERLY LINE OF SAID VACATED GANNETT PARKWAY; THENCE, ALONG SAID SOUTHEASTERLY LINE, SOUTH 51"04'04" WEST, A DISTANCE OF 42.84 FEET; THENCE, LEAVING SAID SOUTHEASTERLY LINE. NORTH 38°55'44" WEST. A DISTANCE OF 60.00 FEET TO THE NORTHWESTERLY LINE OF SAID VACATED GANNETT PARKWAY; THENCE, ALONG SAID NORTHWESTERLY LINE, NORTH 51"04'04" EAST. A DISTANCE OF 54.79 FEET; THENCE. LEAVING SAID NORTHWESTERLY LINE, NORTH 01"I2'51" EAST. A DISTANCE OF 20.24 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 4,468 SQUARE FEET OR 0.10 ACRE OF LAND, MORE OR LESS. PARCEL 2 LEGAL DESCRIPTION OF SIDEWALK RAMPS EASEMENT A PORTION OF PARCEL 4 AND PARCEL 37 OF LOT LINE ADJUSTMENT NO. 07-04 RECORDED JANUARY 18, 2008 AS DOCUMENT NO. 2008-0025745, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT 'B' ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT: COMMENCING AT THE CENTERLINE INTERSECTION OF HALLMARK PARKWAY (40-FOOT HALF-WIDTH PER PARCEL MAP NO. 5902 RECORDED APRIL 9, 1981 IN BOOK 64, PAGES 30 THROUGH 32, INCLUSIVE, OF PARCEL MAPS) AND GANNETT PARKWAY (30-FOOT HALF-WIDTH); THENCE, SOUTHEASTERLY ALONG THE CENTERLINE OF SAID HALLMARK PARKWAY, SOUTH 38°55'44" EAST, A DISTANCE OF 360.68 FEET; THENCE, LEAVING SAID CENTERLINE, SOUTH 51°04'16" WEST, A DISTANCE OF 52.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTHWESTERLY RIGHT-OF-WAY OF SAID HALLMARK PARKWAY; THENCE, LEAVING SAID RIGHT-OF-WAY, SOUTH 10°00'00" EAST, A DISTANCE OF 25.51 FEET; THENCE, SOUTH 38°55'44" EAST, A DISTANCE OF 46.16 FEET; THENCE, SOUTH 76'20'12- EAST, A DISTANCE OF 21.93 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID HALLMARK PARKWAY, SAID POINT BEING ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 952.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 48°28'10- WEST; THENCE, NORTHWESTERLY ALONG SAID CURVE AND RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 02°36'06 , AN ARC DISTANCE OF 43.23 FEET; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY. NORTH 38°55'44" WEST. A DISTANCE OF 42.70 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 821 SQUARE FEET, MORE OR LESS. .rf . J \ :: , t,.,.._..46114--- 14-,) 1°, . /./ 1t �,, EXHIBIT'B' Approximate Depiction of Sidewalk Ramps and Traffic Signal Facilities Easement S51 04 '16"If 40. 00 ' N01 *1251E 20.24' I N51 04 '04'E" 54. 79 ' NJ8 55'44'{f' 60. 00' � O GANNETT PARKWAY N58 55'44'if VACATION PER RESOLUTION NO. 2007-150 T.P.O.B. 45. 47' ,Th RECD 10/04/2007 AS 00C NO. 2007-0565611, 0.R. PARCEL 1 P.Q.C. (FORMERLY CAMPEAU VE) 55104'04"{f 42.84 ' o°j, I / N85 25'51'{f 54. 49' k b° `') I SC," 40' 40' ow mi 0 60 120 PCL. 37 I: LLA NO. 07-04 v DOC. 2008-0025745 0., / a ���p SAND ,,��� O. R. 12 �J Mich,Pi o, APN.• 0266-561-16-0000 '�i' f m / ' 130— • Q ti *l II, No. 6896 �Q / 91F OF CAS\c- 551 4 '16'f 52.00 ' 74,5�,�a "� "`ti T.P.O.B. i 510 v0 '00"E 25.51 '-� \ I PCL. 4 LLA NO. 07-04 PARCEL ' DOC. 2008-0025745 S58 55'44 E 46. 16'-( l 42. 70 ' O. R. \ 952 v0' APN.• 0266-561-17-0000 r 4=`i0`'�06 576 20 '72 E 27..9,;'-�, c�z 28 ':0'if' /2 'i EXHIBIT C Conditions of Easement Grant This Easement is granted subject to the following conditions: 1. This Easement shall be binding upon and inure to the benefit of successors, heirs, and assigns of Grantor and Grantee. 2. Grantee shall at all times indemnify, defend and save harmless Grantor against, and pay in full, all loss, damage or expense that Grantor may sustain, incur or become liable for expense (including, but not limited to, reasonable attorneys' fees and court costs), caused by Grantee's use or exercise of the rights granted herein, including any such loss, damage or expense arising out of (a) loss of or damage to property and (b) injury to or death of persons, excepting any loss, damage or expense and claims for loss, damage or expense resulting from the negligent act or acts of the Grantor, its contractors, agents or employees. 3. Grantee's use of the Grantor Property shall be limited to those purposes set forth in this Easement. 4. The easement rights granted herein are subject to all existing matters of record. 5. All work shall be performed by Grantee in a workmanlike manner, and Grantee shall restore the above-described property and any improvements thereon to the condition existing prior to the commencement of any construction, maintenance, improvements or repair.