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HomeMy WebLinkAbout05.N- Public Works RESOLUTION (ID # 3563) DOC ID: 3563 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Conveyance of Property From: Tony Frossard M/CC Meeting Date: 12/01/2014 Prepared by: Ryan Sandoval, (909) 384- 5140 Dept: Public Works Ward(s): 6 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of a Quitclaim Deed to Cajon Creek, LLC and the Execution of a Quitclaim Deed to IIT Cajon DC LP, for an Existing Easement for Landscaping Purposes, generally located Southwesterly of Cajon Boulevard, and Northwesterly of Shelter Way. (#3563) Current Business Registration Certificate: Not Applicable Financial Impact: Motion: Adopt the Resolution. Synopsis of Previous Council Action: None. Background: On October 8, 2014, the City received a request from Chris Sanford, on behalf of the property owner, Cajon Creek , LLC (Hillwood Investments) and IIT Cajon DC LP, to have a quitclaim deed executed for an existing landscape easement located within each of their properties generally located southwesterly of Cajon Boulevard, and northwesterly of Animal Shelter Way. The quitclaim of the landscape easement to the owners will help facilitate the proposed development of their parcel as it currently affects the funding of their project. The easement was dedicated by separate document to the City by the previous owner/developer on November 30, 1994, for the purpose of inspection, installation and maintenance of landscaping and appurtenant facilities over the parcels. This easement was a standard condition of development for the specific development permit at that time, and the purpose was to allow the City to enter the property to install or maintain any landscaping on the property if the property owner failed to maintain the landscaping required per their specific project, and assess any costs to the owners. The project was never developed; therefore, the landscape easement was never used for that particular development permit. Cajon Creek, LLC and IIT Cajon DC LP have new development permits with required conditions and the previous landscape easement is of no use to the City. The attached resolution directs the Mayor to execute a Quitclaim Deed to Cajon Creek Updated: 11/25/2014 by Jolena E. Grider I Packet Pg.317 3563 LLC and IIT Cajon DC LP, for the landscape easement located within their properties. Any recording fees will be the responsibility of the owner receiving the documents. City Attorney Review: Supporting Documents: Resolution (DOC) Plat Showing QC Interest (PDF) Reso Attachment 1 - QUITCLAIM - Cajon Creek LLC DOC 1 (DOC) Reso Attachment "2" - QUITCLAIM - IIT Cajon DC LP (DOC) i Updated: 11/25/2014 by Jolena E. Grider Packet Pg. 318 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF 4 A QUITCLAIM DEED TO CAJON CREEK, LLC AND THE EXECUTION OF A QUITCLAIM DEED TO IIT CAJON DC LP, FOR AN EXISTING EASEMENT FOR 5 LANDSCAPING PURPOSES, GENERALLY LOCATED SOUTHWESTERLY OF CAJON BOULEVARD, AND NORTHWESTERLY OF SHELTER WAY. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE E 7 CITY OF SAN BERNARDINO AS FOLLOWS: N w 8 Q 9 SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of 0 10 the City, a quitclaim deed to Cajon Creek, LLC, a California limited liability company, and a 4- 0 11 quitclaim deed to IIT Cajon DC LP, a Delaware limited partnership, for an existing Easement 12 for landscaping purposes, generally located southwesterly of Cajon Boulevard, and CY 13 14 northwesterly of Shelter Way, more specifically described in said quitclaim deeds, copies of a. 15 which are attached hereto as Attachment "1" and Attachment "2", respectively, and c M 16 incorporated herein. r _ 17 0 2 18 19 20 0 d 21 Y _ Q� 22 U R 23 24 25 26 27 28 Packet Pg.319' RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF 2 A QUITCLAIM DEED TO CAJON CREEK, LLC AND THE EXECUTION OF A QUITCLAIM DEED TO IIT CAJON DC LP, FOR AN EXISTING EASEMENT FOR 3 LANDSCAPING PURPOSES, GENERALLY LOCATED SOUTHWESTERLY OF 4 CAJON BOULEVARD,AND NORTHWESTERLY OF SHELTER WAY. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting d 7 E thereof, held on the day of , 2014,by the following vote, to wit: U) w 8 c. 9 Council Members: AYES NAYS ABSTAIN ABSENT N 10 MARQUEZ J 4- 0 11 BARRIOS E 12 VALDIVIA w e1 13 SHORETT 14 NICKEL 15 16 JOHNSON T 17 MULVIHILL c T 18 19 0 Georgeann Hanna, City Clerk 20 The foregoing resolution is hereby approved this day of , 2014. tr 21 22 E 23 R. CAREY DAVIS, Mayor a 24 City of San Bernardino 25 Approved as to form: GARY D. SAENZ, City Attorney 26 By: 27 28 Packet Pg. 32Q D1 2 ATTACHMENT 661" 3 -Quitclaim Deed- 4 Cajon Creek LLC 5 6 E 7 d N l� 8 d Q 9 10 0 11 E 12 w 13 n 14 15 LO M 16 17 A 18 19 c w 20 y d 21 C d 22 E V 23 w a 24 25 26 27 28 Packet Pg.327 1 2 3 ATTACHMENT "T' -Quitclaim Deed- 4 IIT Cajon DC LP 5 6 7 N tC 8 d 9 N .a C 10 0 11 E 12 Y 13 cn Cn 14 15 LO M 16 T 17 .° M 18 19 0 20 y 21 C d 22 E t V 23 a 24 25 26 27 28 Packet Pg. 322 (luawase3 adeospue-1;o w!ejopno SN:dN:£990 lsalalul 00 BulmOyS leld:luawyoelIV M tm O IL 16 U m �O N O o0 C-0 / M1. o � �O o0 c� / a o CD 0 Bee o tZ O)O O C C-O 1- O / p �h �d� Q C\ N 6r L O O � 1'' N N O N N' C O C4 /" ` •O C _ 1ti o N i O u7 O m ^ � O ./rs >� 9� c�0 CV N O m t N— T C X(V 11' C= 0 N O C �— O ONO .y. > O rn O O Ucn r—� oO QcoN 0 a o C- se / O m U Lr) ', da ° cr _f_ •_'�.� __ -16r.d91 `105 O Zv 96'f9C B6' SL U i 0 b 1 J' 9 b \ 1 o � 6 1 f. es \464 64 96� 65 r p6� m H 5511 a 2 a a a p Fz/ N — � m a E m a - m �o N RECORDING REQUESTED BY CITY OF SAN BERNARDINO AND WHEN RECORDED MAIL DOCUMENT TO: .'Y OF SAN BERNARDINO CITY CLERK 300 NORTH"D"STREET SAN BERNARDINO,CA 92418 c d E m ca APN: 0262-042-40,41 &42 w SPACE ABOVE FOR RECORDER'S USE G QUITCLAIM DEED N THE UNDERSIGNED GRANTOR(S)DECLARE(S):THAT DOCUMENTARY TRANSFER TAX IS$ 0.00 J ❑Unincorporated area 0 City of San Bernardino 0 ❑ Computed on full value of the interest property conveyed,or is E ❑ Computed on full value less the value of liens and encumbrances remaining at time of sale,and r Q N FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SA 9� BERNARDINO, a municipal corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM IX CAJON CREEK, LLC, a California limited liability company, a portion of that Easement for landscapi: m purposes located in the City of San Bernardino, County of San Bernardino, State of California, recorded Novernt M 30, 1994, Document No. 94-0476231, Official Records of said County, a copy is attached hereto as Exhibit "1"a: ,de apart hereof, and further described as follows: d All that portion of the above described Easement lying within Parcel 2, 3 and 4 of Parcel Map No. 19395, in the Ci r of San Bernardino, County of San Bernardino, State of California, as shown on the map recorded in Book 241 = Parcel Maps, Page 80-82 inclusive, in the office of the County Recorder of said County. U CITY OF SAN BERNARDINO U N DATE: 0 R. CAREY DAVIS, Mayor w ACKNOWLEDGEMENT OF GRANTOR(S): d E STATE OF CALIFORNIA COUNTY OF } S.S. Q 0 On before me, Not: Public,personally appeared w who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument a acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on I E instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument. r Q T certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. *,W0,,T'NESS my hand and official seal. SEAL: Signature _ Packet Pg.324 EXHIBIT "1" -Easement- Zr (Doc. # 94-0476231 O.R.) C E N R W ca v N C [see attached] 0 E w a a co ca LO M U J J 0 U c 0 U Q J U H D d c m E t a 0 0 W c m E c� w Q Packet Pg.325 At:uuFs7ED BY AND #.r n WkEN RECOFIDiO MAIL TO- CITY CLERK CIT -HALL a 340 North"D"Street 94476231 San BBroartlino,CaUforoia 92418 RECORDED IN THE OFFICIAL RECORDS OF SAN MmARDINO COUNTY ERROL J MACKZUM NO FEE RECORDER Nov/30/1994 E 8:00:00=AM O x O E m s N W CALPi .CY}._.pF.?�RtZ 1Ar ti M r�na corgQ CL N (Grantor•Grantors) FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, J a- O Do-SR.— cry rant to the ITV an SAN gntena ce o a Motu aI Cq aeration, �._...._... E znspectlion,ynstnllatott and maintenance of ltca i and a an easement for the aver,.lender wind across.. p appurtenant faculties, ia, E the real property In the City of San Bernardino,County of San Bernardino,Stale of California,described as follows; 7 All that portion of Lot 37, Rancho Muscupiabe, in the City of San Bernardino, County of m San Bernardino, State of California, according to the map recorded in Hook 7, Page 23 a of Maps, in the office of the County Recorder of said C tiOns 2 and 11. Township 1 North, Range 5, West, San Bernardino Meridian, accordingSeto the Official plat thereof, if said section lines were extended across said land, de- scribed as follows: (OVER) CALMAT CO. OF ARIZONA U an Arizona corporation J J By: Y a ' DELBERT AN ER, ViM President U Dated.._-NOV . ._w. ._ 14 34._ O R By: U , FAUL ST RD, rata s`_ Q ACKNOWLEDGEMENT OF GRANTOR: J This � t0 eeroi#y that the int®rat in real prgpet,y U Conveyed by the within insrRJment to the City of San �- acceprdino. Caren of t r++city Dal ewporetion.is hereby STATE OF CALIF(} af,`ylepted by order of the city CounCOt and the grantee SS. Writints to the reeproat.pn thereof by its duty authorized COUNTY OF LOS Angeles of#ice,. 011 11149 94 - 1 beSoalCtne,Maureen A. Ba an - KCtary b is � gated_ pasaoaaUyappemed rwtr o, -�_" 7. 1i.� Yie President CITY DF SAN eE RNA ROlNO Aild P tal SC8t1fOYd Se CYGta � BC t Gark --------------------------------- - E -- ---- to to be adtrtowep� smethatea} 6edtothewidmt ICU=and O ed etieemed Use tqurta In h1Nldto• to tsud�1 9d�e) and that by ithe am=on the iawtnttgtt the —mac).. Uts mtkY�u�on behalf of the person(#)+o c;A oxecurad the WITNESS myftand c d 5igrtahut E v Location_SAM 'S CAJON GR$$j( ROJECT FOR NOTARY SEAL'OR AYR :4 a .._....,.._..t?tw,n_Cajon_Blvd. & SPRR tracks AMI41111111111111IltiMhCNI Gt01twt #IO1111W File No._ _1 ..42A-ZS) cdkm _� ..._.. ADB Go*t �AIIS M APN's 262-042-03, 07 14 & lb ; ]_ �g.326 S.N.c 94-476231 RECEIVED.-Cl 1" P!_EEr Nq JA VTil,t.. ?1 # '94 NOV LANDSCAPE MAINNAR NT CONTINUED: Beginning at the intersection of the FAsterly' Glen Helen Ranch line and the Southerly boundary of the Meyer-Barclay Subdivision as per nap thereof recorded in Book 12, Page y 18 of Maps in the office of the County Recorder of San Bernardino County as shown on E Record of Survey Map recorded in Book 43, Pages 17 and 18, dated April 27, 1981 in the N office of the County Recorder of San Bernardino County; thence along the Southerly bmiminry of said Mvve.r-Barclay Subdivision North 890 20' 47" East a distance of W 2,535.70 feet more or less to a point of intersection with the Southwesterly line of a Cajon Boulevard; thence along said Southwesterly line South 440 27' 05" East a distance v of 73.60 feet to the True Point of Beginning; thence continuing along said Southwester- ly line South 440 27' 05" East a distance of 419.80 feet to an angle point; thence continuing along said Southwesterly line South 520 40' 38" a distance of 349.87 feet to J an angle point; thence continuing along said Southwesterly line South 510 23' 36" East ,- a distance of 657.25 feet to an angle point; thence continuing along said Southwesterly 0 line South 510 21' 58" East a distance of 2,185.55 feet to a point of intersection with E the Southeasterly line of property conveyed to Alvah H. Wilson per Deed No. 2692, Page 569 recorded December 26, 1950 in the office of the County Recorder of San Bernardino County; thence leaving the Southwesterly line of said Cajon Boulevard along said South- E easterly line of property conveyed to Alvah H. Wilson South 380 36' 59" West a distance C1 of 300.09 feet; thence continuing along said Southeasterly line South 380 37' 51" West U) a distance of 1,059,07 feet to a point of intersection with the Northeasterly right-of- vay line of the Southern Pacific Railroad; thence leaving said Southeasterly line along said Northeasterly right-of-way line North 530 27' 33" West a distance of 611,37 feet; thence continuing along said Northeasterly line North 530 17' 14" West a distance of M 69,53 feet to the beginning of a non-tangent 3,769.75 foot radius curve concave North- easterly, a radial line to said point m=ars South 370 03' 51" West; thence Northwester- co ly slang said curve through a central angle of 230 34' 45" an arc length of 1,551.38 U feet to a point of non-tangency, a radial line to said point bears South 600 38' 36" J West; thence North 500 26' 25" East a distance of 50.81 feet to a point on a 3,719.75 J foot radius curve concave Northeasterly, a radial line to said point bears South 600 46' 55" West; thence Northwesterly along said curve through a central angle of 120 26' 0) 16" an are length of 807.48 feet to a point of non-tangency, a radial line to said U point bears South 730 13' 11" West; thence North 160 39' 21" West a distance of 69.08 feet; thence North 150 21' 37" West a distance of 280.51 feet to the beginning of a 0 non-tangent 2,646.52 foot radius curve concave Southwesterly, a radial line to said point bears North 730 39' 19" East; thence Northwesterly along said curve through a U central angle of 150 55' 55" an are length of 735.90 feet to a point of non-tangency, a radial line to said point bears North 570 43' 25" East; thence leaving the Northeaster- Q ly Line of said Southern Pacific Railroad right-of-way along a line which is 50 feet Southerly of and parallel to the Southerly boundary of said Meyer-Barclay Subdivision V H North 890 20' 47" East a distance of 287.73 feet to the True Point of Beginning. d ENTRY onto the subject real property shall only be made by the City or its agents or employees at such times as the Grantor or its successors and assigns fail to install or maintain the landscaping as rewired by Tentative Parcel Map No. 14106 and the San - Bernardino Municipal Code. Prior to entry, the City shall give Grantor or its assigns, written notice of failure to maintain said landscaping. Grantor shall have thirty (30) days from date of notice to correct failure. E t U THE EASEMENT herein granted shall include the right to enter the subject real property w and to perform such acts as are to be performed for the inspection, installation, or Q maintenance of the landscaping which is the subject hereof, and to use such areas 0 adjacent to the easement as may be reasonably necessary for performing the work, and for access to the work during such installation or maintenance. TU EASEMENT herein granted shall also include the right of the City to place a lien on Q the Grantor's property for the cost of such installation or maintenance in the event E such installation or maintenance becomes necessary as determined by the City, -� v tc THE COVENANTS herein are of and for the benefit of the subject property and constitute Q a covenant running with the lands Such covenants are binding on the Grantors, their heirs, successors and assigns.. R�Cat4fR'S �+fMa: , 15.02A-20 rocn QrMa aU6 to MUM Landscape Maintenance Easement of CIA=nouraw APNs: 262-042--03, 07, 14, & 16 adb Packet Pg. 327 RECORDING REQUESTED BY CITY OF SAN BERNARDINO AND WHEN RECORDED MAIL DOCUMENT TO: .'Y OF SAN BERNARDINO CITY CLERK 300 NORTH"D"STREET SAN BERNARDINO,CA 92418 c d E m APN: 0262-042-39 w SPACE ABOVE FOR RECORDER'S USE 0 M QUITCLAIM DEED N THE UNDERSIGNED GRANTOR(S)DECLARE(S):THAT DOCUMENTARY TRANSFER TAX IS$ 0.00 J ❑Unincorporated area Rl City of San Bernardino 0 ❑Computed on full value of the interest property conveyed,or is E ❑ Computed on full value less the value of liens and encumbrances remaining at time of sale,and f° r C� FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SA W BERNARDINO, a municipal corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM IIT CAJON DC LP, a Delaware limited partnership, a portion of that Easement for landscaping purposes locat M in the City of San Bernardino, County of San Bernardino, State of California, recorded November 30, 19S M Document No. 94-0476231, Official Records of said County, a copy is attached hereto as Exhibit "I"and made ap; a reof, and further described as follows: v 0 All that portion of the above described Easement lying within Parcel 1 of Parcel Map No. 19395, in the City of S o Bernardino, County of San Bernardino, State of California, as shown on the map recorded in Book 241 of Parc v Maps, Page 80-82 inclusive, in the office of the County Recorder of said County. I- CITY OF SAN BERNARDINO U H DATE: R. CAREY DAVIS, Mayor N ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA m COUNTY OF } S.S. Q 0 On before me, Not, Public,personally appeared w who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument a 4) 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 i s U instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument. ;a Q I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. *#4,W-17NESS my hand and official seal. SEAL: Signature Packet Pg.328 S.N.d EXHIBIT "1" -Easement- (Doc. # 94-0476231 O.R.) CD E (n tSJ d Q. Cu Rf U G [see attached] O E d U) n: Cl) to LO M CL J () O C O U F- Q J U H D CY N C Qf E t U fC w r Q O N d G d E s U fLi w Q Packet Pg. 329 REOUESTED BY AND WHEN RECORDED MAIL T0: CITY CLERK C1Tii"HALL 300 North"D"Street 94476233- San Bernardino,CWornia 92418 REODRDED IN THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY ERROL J MACICZUM NO FEE RECORDER N®V'/3C3/19i 94 E a:00:00:AN c * m E m E A S EN $ N T_ ._ - W W CL CAL1fATe CO..OF ARIZk1Ae art Mona.cor�gaton »_ �_._ v�.. w. to -. . ............- v N (Grmtor•Grantors) m FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, J w O Do_ eT�Y grant to the CITY QF,SAIV BERNARDINO Mont" wt1 Cq tion, an easement far the E inspection, installation an In ntenance '0 land,cap3 g'snd app>ar#eaartt facilitit�s, under and across..,....,,,, __ to E5 the real property in the City of San Bernardino,Count of San _....�� Callf r ia.descri._.as follows. y Bernardino,State of California,described as foAawe: � C'I All that portion of Lot 37, Rancho Muscupiabe, in the City of San Bernardino, County of Cl) San Bernardino, State of California, according to the map recorded in Book 7, page 23 of Maps, in the Office of the County Recorder of said County, being a portion of Sec- tions 2 and 11. Totmahip 2 North, Range S, Nest, San Bernardino Meridian, according to the official plat thereof, if said section lines were extended across said land, de- M scribed as follows: tp (OVER) chi CALMAT CO. OF ARIZONA ll an Arizona corporation J C) O r By: _ --'k-DELBERT R, Vice PfeSider Dated....r?ove11 , .-- - .... ..4. 19 �4 V H By: PAUL ST RD, reta Q J This is to eartify that the inmeit in real property ACKNOWLEDGEMENT OF GRANTOR; Q Conveyed by the within instrument to the City of San j affnardino.Cahlornia,a mvii cmat Corpmation,is hareov STATE OF CALIFORMA atri^epted by order of the City Council,and the granter Mrt.m. Sg, I contents to the reeordtron[hereof by ds duly authorised COLINa r OF Los Angeles , affieer. Ofi11LQ9/94 b*ftn r:,Maureen A. Ba on - wotary Puh is iN Dated_ Pmaooauysppeamd net L�rr u_ �r..Ae_ Ssi v,asident .+ CITY OF SAN BERNARDINO and P ul Stanford, = r � ---------- Pa tn aonallykromtoe--_ - - - Q adgtow° :, °aanka(a1 bed to rLe and O r caq �ty(is)tnd tAat by i°d t1n sync m0 au0io- La).ar ffia mticY upon behalf of da pets(a)agi ad c�ccattad dK WITNESS my harxl and official x t � E Signature r e E s U to ALMAT S CAJOIJ C FOR NOTARY SEAL OR STAMP Q Location..:(_ _. _. R$BK�I _,-....??ti.GaZon Blvd. & SPRB tracks OOtt�tL Ate' File No.._.l Cog ANI 100 ADB kvCmtrw 1,8*. CIO z'.tqq APN's 262-042-03, 07 14. & 16 " 1 • i< Packet Pg.330 94--4ib231 ,.. -�,►�, ­J 5.wvr'1•ISM ..-,1 a^f 0 c,,^r414 '94 NOV 22 NT CONTINU :LANDSCAPE MAINTENANCE nr,.sl,.+r irk a►t Beginning at the intersection of the Easterly Glen Helen Ranch line and the Southerly boundary of the Meyer-Barclay Subdivision as per map thereof recorded in Book 12, Page 18 of Maps in the office of the County Recorder of San Bernardino County as shown on m Record of Survey Map recorded in Book 43, Pages 17 and 18, dated April 27, 1981 in the N office of the County Recorder of San Bernardino County; thence along the Southerly hnondnry of seid Meyer-Prarclay Subdivision North 890 20' 47" East a distance of LU 2,535.70 feet more or less to a point of intersection with the Southwesterly line of m Cajon Boulevard; thence along said Southwesterly line South 440 27' 05" East a distance coo of 73.60 feet to the True Point of Beginning; thence continuing along said Southwester- N ly line South 440 27' 05" East a distance of 419.80 feet to an angle point; thence continuing along said Southwesterly line South 520 40' 38" a distance of 349.67 feet to an angle point; thence continuing along said Southwesterly line South 510 23' 36" East J a distance of 657.25 feet to an angle point; thence continuing along said Southwesterly p line South 510 21' 58" East a distance of 2,185.55 feet to a point of intersection with E the Southeasterly line of property conveyed to Alvah H. Wilson per Deed No. 2692, Page 569 recorded December 26, 1950 in the office of the County Recorder of San Bernardino v County; thence leaving the Southwesterly line of said Cajon Boulevard along said South- easterly line of property conveyed to Alvah H. Nilson South 380 36' 59" West a distance C'! of 300.09 feet; thence continuing along said Southeasterly line South 380 37' 51" West � a distance of 1,059.07 feet to a point of intersection with the Northeasterly right-of- way line of the Southern Pacific Railroad; thence leaving said Southeasterly line along a said Northeasterly right-of-way line North 530 27' 33" West a distance of 611.37 feet; thence continuing along said Northeasterly line North 530 17' 14" West a distance of 69.53 feet to the beginning of a non-tangent 3,769.75 foot radius curve concave North- to easterly, a radial line to said point bears South 370 03' 51" hest; thence Northwester- M ly along said curve through a central angle of 230 34' 45" an arc length of 1,551.3E n feet to a point of non-tangency, a radial line to said point bears South 600 38' 36" J West; thence North 5011 26' 25'' East a distance of 50.81 feet to a point on a 3,719.73 U foot radius curve concave Northeasterly, a radial line to said point bears South 600 46' 55" West; thence Northwesterly along said curve through a central angle of 120 26' _ 16" an arc length of 807.48 feet to a point of non-tangency, a radial line to said O point bears South 730 13' 11" West; thence North 160 39' 21" West a distance of 69.08 U feet; thence North 150 21' 37" West a distance of 280.51 feet to the beginning of a non-tangent 2,646.32 foot radius curve concave Southwesterly, a radial line to said point bears North 730 39' 19" East; thence Northwesterly along said curve through a ' central angle of 150 55' 55" an arc length of 735.90 feet to a point of non-tangency, a radial line to said point bears North 570 43' 25" East; thence leaving the Northeaster- J ly line of said Southern Pacific Railroad right-of-way along a line which is 50 feet U Southerly of and parallel to the Southerly boundary of said Meyer-Barclay Subdivision F_ North 890 20' 47" East a distance of 287.73 feet to the True Point of Beginning. U ENTRY onto the subject real property shall only be made by the City or its agents or ' employees at such times as the Grantor or its successors and assigns fail to install or N maintain the landscaping as required by Tentative Parcel Map No. 14106 and the San Bernardino Municipal Code. Prior to entry, the City shall give Grantor or its assigns, written notice of failure to maintain said landscaping. Grantor shall have thirty (30) days from date of notice to correct failure. s U cu THE EASEMENT herein granted shall include the right to enter the subject real property Q and to perform such acts as are to be performed for the inspection, installation, or maintenance of the landscaping which is the subject hereof, and to use such areas O adjacent to the easement as may be reasonably necessary for performing the work, and for access to the work during such installation or maintenance. C THE EASEMENT herein granted shall also include the right of the City to place a lien on the Grantor's property for the cost of such installation or maintenance in the event s such installation or maintenance becomes necessary as determined by the City. v THE COVENANTS herein are of and for the benefit of the subject property and constitute Q a covenant running with the landt !rich covenants are binding on the Grantors, their heirs, successors and assigns. 15.02A-20 R,�,9ouER'a �� ?mm m:coo MN 70 auurf Landscape Maintenance Easement DCM=t APNs: 262-042-03, 07, 14, & 16 adb Packet Pg. 331