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Lewis Land Developers, LLC Electronically Recorded in Official Records,County of San Bernardino 5/02120953 AM017 RECORDING REQUESTED BY: ' _ BOB DUTTON NC ASSESSOR-RECORDER-CLERK FNTG Builder Services 771 Document Processing Solutions AND WHEN RECORDED MAIL TO: Doc#: 2017-0180971 Titles: 1 Pages: t 1 CITY OF GRAND TERRACE Fees 45.00 22795 BARTON ROAD Taxes .00 GRAND TERRACE,CA 92313 PAIDr as.00 ATTN: HAROLD G. DUFFEY, .00 CITY MANAGER SPACE ABOVE THIS UNE FOR RECORDER'S USE Order: 23081895 AGREEMENT , . • BEGINNING. TAX ASSESSOR'S NUMBER: 1161-161-04-0-000 NLY ALG E LI GAGE CANAL 386.34 FT TH SLY 298.92 FT TO POB .82 AC • Recording Requested by: FNTG Builder Services RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Attention:Harold G.Duffey,City Manager City of Grand Terrace t$Z 22795 Barton Road I; Grand Terrace,CA 92313 APN's 1167-151-22-0-000; 1167-151-68-0-000; (Space Above the Line for Recorder's Use) -13 N1167-151-71-0-000; 1167-151-74-0-000; 1167- 161-03-0-0000 and 1167-161-04-0-000 Memorandum of Agreement This Memorandum of Purchase Agreement ("Memorandum") is entered into as of April 28, 20I7, by and between LEWIS LAND DEVELOPERS,LLC,a Delaware limited liability company("Developer"), whose address is 1156 N,Mountain Avenue,Upland,CA 91786 and the City of Grand Terrace("City"), whose address is 22795 Barton Road,Grand Terrace,CA. 1. Sale of Property to Developer. Pursuant to that certain unrecorded Disposition and Development Agreement dated December 19, 2016, by and between City and Developer (the "DDA"), which DDA is by this reference incorporated herein, City has sold and conveyed to Developer fee title to that certain real property particularly described in Attachment"1"attached hereto and incorporated herein by this reference(the"Property"). 2. Right of Repurchase. Pursuant to the terms and provisions of the DDA, Developer has granted to City the right to repurchase the Property in the event that Developer not has not commenced the grading of at least a ten(10) acre portion of the Property pursuant to a grading plan approved by the City prior to the first to occur of(i) the date five (5) years after the Final Approval of all Land Use Entitlements (as defined in the DDA) for the Property or (ii) the date seven (7) years after the close of escrow for Developer's acquisition of the Property.In the event of any conflict or inconsistency between this Memorandum and the DDA,the DDA shall control. 3. Automatic Termination. This Memorandum shall automatically terminate and be of no further force or effect on the first to occur of(i)the commencement of the grading of at least a ten(10) acre portion of the Property pursuant to a grading plan approved by the City or (ii) April 28, 2024 ("Termination Date"). From and after the Termination Date, neither this Memorandum nor the DDA shall constitute a lien, charge, or encumbrance upon or against, or shall otherwise bind, benefit, burden, affect or run with,the Property and shall be deemed eliminated from title to the Property. 4. Successors and Assigns. This Memorandum and the DDA shall bind and inure to the benefit of the parties and their respective heirs,successors and assigns. 6. No Alteration of DDA. This Memorandum is subject to the terms,covenants,conditions and provisions of the DDA and is not intended and shall not be construed to alter,modify, limit, abridge or enlarge any of the terms,covenants,conditions or provisions of the DDA. - -- - - � Nieel/:dli nu l'Iq��BN r 3 edges and agrees that the Property has been sold and conveyed by Grantor in an "AS IS" condition, with all faults, and Grantee acknowledges that the Property may have been used for railroad and/or industrial purposes, among other uses. Grantor does 2 7. Governing Law. This Memorandum and the DDA shall be governed by, and construed and enforced in accordance with,the laws of the State of California. IN WITNESS WHEREOF, the undersigned have caused this Memorandum to be executed by their duly authorized representatives as of the date first set forth above. "CITY" "DEVELOPER" CITY OF GRAND TERRACE LEWIS LAND DEVELOPERS, LLC, a Delaware limited liability company By:LEWIS MANAGEMENT CORP., By: C j�rip a California corporation -Its Manager Name: • Gco1d� ,,) A KA torch/ Its: G i Mahen-e-e D L,Cy SIGNED IN COUNTERPART Dated:April Zg 2017 By: j I v Name: APPROVED AS TO FORM Its: Dated:April ,2017 By: z� Its:City Attorneyt Dated:April 2017 Boty0K . 3L�41AA1 ,L5 t 7. Governing Law. This Memorandum and the DDA shall be governed by, and construed and enforced in accordance with,the laws of the State of California. IN WITNESS WHEREOF, the undersigned have caused this Memorandum to be executed by their duly authorized representatives as of the date first set forth above. "CITY" "DEVELOPER" CITY OF GRAND TERRACE LEWIS LAND DEVELOPERS, LLC, a Delaware limited liability company SIGNED IN COUNTERPART By:LEWIS MANAGEMENT CORP., By: a California corporation - Its Manager Name: Its: Dated:April..20I7 By: / Aepetd;! ,/ „ J Name• ohn M.Goodman !� APPROVED AS TO FORM Its: uthorized Agent SIGNED IN COUNTERPART Dated:April 2017 By: Name: Its:City Attorney Dated:April_,2017 _ __ Boty0K . 3L�41AA1 ,L5 t A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CA ) �r ) ss. COUNTY OF a ten ReAvakop �J� vA On f4 p/Jy .4 ,201 7 before me FW a notary public,personally appeared 61. /VN //R O ,who proved to me on the basis of satisfactory evidence)to be the person(o)whose name($)is/arg subscribed to the within instrument and acknowledged to me that he/executed the same in his/her./their authorized capacity(-ies),and that by his/ber-itheir signatureg)on the instrument the person(s),or the entity upon behalf of which the persons)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. JASPREET KAUR % ;: COMM.#2075195 E' !.,n•;2 NOTARY PUBLIC-CAIIFORNIA �� SAH BERNARDINO COUNTY �� �� Try Comm.Expires Aug.16.2018 Notary P lie (Seal) hase. Pursuant to the terms and provisions of the DDA, Developer has granted to City the right to repurchase the Property in the event that Developer not has not commenced the grading of at least a ten(10) acre portion of the Property pursuant to a grading plan approved by the City prior to the first to occur of(i) the date five (5) years after the Final Approval of all Land Use Entitlements (as defined in the DDA) for the Property or (ii) the date seven (7) years after the close of escrow for Developer's acquisition of the Property.In the event of any conflict or inconsistency between this Memorandum and the DDA,the DDA shall control. 3. Automatic Termination. This Memorandum shall automatically terminate and be of no further force or effect on the first to occur of(i)the commencement of the grading of at least a ten(10) acre portion of the Property pursuant to a grading plan approved by the City or (ii) April 28, 2024 ("Termination Date"). From and after the Termination Date, neither this Memorandum nor the DDA shall constitute a lien, charge, or encumbrance upon or against, or shall otherwise bind, benefit, burden, affect or run with,the Property and shall be deemed eliminated from title to the Property. 4. Successors and Assigns. This Memorandum and the DDA shall bind and inure to the benefit of the parties and their respective heirs,successors and assigns. 6. No Alteration of DDA. This Memorandum is subject to the terms,covenants,conditions and provisions of the DDA and is not intended and shall not be construed to alter,modify, limit, abridge or enlarge any of the terms,covenants,conditions or provisions of the DDA. - -- - - � Nieel/:dli nu l'Iq��BN r 3 edges and agrees that the Property has been sold and conveyed by Grantor in an "AS IS" condition, with all faults, and Grantee acknowledges that the Property may have been used for railroad and/or industrial purposes, among other uses. Grantor does 2 • • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CRZX D eN Z ) ) ss. COUNTY OF S 8 E1A ZTCo On /4 I►,; 1 , ,201/before me, ea 'A' o'7 ,a notary public,personally appeared .Ao/hf in. Gootrr► I ,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 melhat 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. .o EDNA A.MONTAG �,T,`►?t Commission#2110378 " � ^�3� Notary Public-California . pyy"l,s-�+-�,� z ` °tt/ San Bernardino County Notary Public ��__ _ MX Comm.Ex Tres Jun 4,2019 (Seal) o City the right to repurchase the Property in the event that Developer not has not commenced the grading of at least a ten(10) acre portion of the Property pursuant to a grading plan approved by the City prior to the first to occur of(i) the date five (5) years after the Final Approval of all Land Use Entitlements (as defined in the DDA) for the Property or (ii) the date seven (7) years after the close of escrow for Developer's acquisition of the Property.In the event of any conflict or inconsistency between this Memorandum and the DDA,the DDA shall control. 3. Automatic Termination. This Memorandum shall automatically terminate and be of no further force or effect on the first to occur of(i)the commencement of the grading of at least a ten(10) acre portion of the Property pursuant to a grading plan approved by the City or (ii) April 28, 2024 ("Termination Date"). From and after the Termination Date, neither this Memorandum nor the DDA shall constitute a lien, charge, or encumbrance upon or against, or shall otherwise bind, benefit, burden, affect or run with,the Property and shall be deemed eliminated from title to the Property. 4. Successors and Assigns. This Memorandum and the DDA shall bind and inure to the benefit of the parties and their respective heirs,successors and assigns. 6. No Alteration of DDA. This Memorandum is subject to the terms,covenants,conditions and provisions of the DDA and is not intended and shall not be construed to alter,modify, limit, abridge or enlarge any of the terms,covenants,conditions or provisions of the DDA. - -- - - � Nieel/:dli nu l'Iq��BN r 3 edges and agrees that the Property has been sold and conveyed by Grantor in an "AS IS" condition, with all faults, and Grantee acknowledges that the Property may have been used for railroad and/or industrial purposes, among other uses. Grantor does 2 ATTACHMENT 1 LEGAL DESCRIPTION OF THE PROPERTY PARCEL A: PARCEL Al: LOT 26 AND THAT PORTION OF LOT 25 LYING EAST OF THE RIGHT OF WAY OF RIVERSIDE WATER COMPANY'S CANAL, SECTION 5,TOWNSHIP 2 SOUTH,RANGE 4 WEST,SAN BERNARDINO BASE AND MERIDIAN,IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,ACCORDING TO MAP SHOWING LAND OF THE EAST RIVERSIDE LAND COMPANY,AS PER PLAT RECORDED IN BOOK 6,PAGE 44 OF MAPS,RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION OF LOT 25 GRANTED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT,A BODY CORPORATE AND POLITIC RECORDED DECEMBER 21, 1964 IN BOOK 6297,PAGE 333 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THOSE TWO PARCELS CONVEYED TO THE CITY OF RIVERSIDE,A MUNICIPAL CORPORATION, BY DEED RECORDED FEBRUARY 10, 1992 AS INSTRUMENT NO.92-047279 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL A2: AN EASEMENT FOR ROADWAY PURPOSES OVER THE WESTERLY 30 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF LOT 25, SECTION 5,TOWNSHIP 2 SOUTH,RANGE 4 WEST,SAN BERNARDINO BASE AND MERIDIAN,ACCORDING TO MAP SHOWING LAND OF EAST RIVERSIDE LAND COMPANY, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 6, PAGE 44 OF MAPS,RECORDS OF SAID COUNTY, SAID PORTION ALSO BEING DESCRIBED IN DIRECTOR'S DEED RECORDED IN BOOK 5701,PAGE 635 OF OFFICIAL RECORDS OF SAID COUNTY, SAID PART MORE PARTICULARLY DESCRIBED AS BEING ALL OF SAID PORTION LYING FROM THE RIGHT OF WAY OF RIVERSIDE WATER COMPANY'S CANAL AND SOUTHERLY OF THE SOUTHERLY DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 25; THENCE SOUTH 89° 58' 11"WEST ALONG THE NORTH LINE OF SAID LOT 25 A DISTANCE OF 289.05 FEET TO THE WEST LINE OF SAID RIVERSIDE WATER COMPANY'S CANAL RIGHT OF WAY; THENCE SOUTH 28°41' 00"WEST ALONG SAID WEST LINE A DISTANCE OF 213.66 FEET TO THE TRUE POINT OF BEGINNING; terminate and be of no further force or effect on the first to occur of(i)the commencement of the grading of at least a ten(10) acre portion of the Property pursuant to a grading plan approved by the City or (ii) April 28, 2024 ("Termination Date"). From and after the Termination Date, neither this Memorandum nor the DDA shall constitute a lien, charge, or encumbrance upon or against, or shall otherwise bind, benefit, burden, affect or run with,the Property and shall be deemed eliminated from title to the Property. 4. Successors and Assigns. This Memorandum and the DDA shall bind and inure to the benefit of the parties and their respective heirs,successors and assigns. 6. No Alteration of DDA. This Memorandum is subject to the terms,covenants,conditions and provisions of the DDA and is not intended and shall not be construed to alter,modify, limit, abridge or enlarge any of the terms,covenants,conditions or provisions of the DDA. - -- - - � Nieel/:dli nu l'Iq��BN r 3 edges and agrees that the Property has been sold and conveyed by Grantor in an "AS IS" condition, with all faults, and Grantee acknowledges that the Property may have been used for railroad and/or industrial purposes, among other uses. Grantor does 2 THENCE SOUTH 69° 19' 18"WEST A DISTANCE OF 255.15 FEET TO THE POINT OF TERMINATION, IN THE WESTERLY LINE OF SAID PORTION OF LOT 25 DESCRIBED IN DEED RECORDED IN SAID BOOK 5701,PAGE 635 OF OFFICIAL RECORDS. PARCEL A3: AN EASEMENT FOR ROADWAY PURPOSES,DESCRIBED AS FOLLOWS: ALL THAT PART OF THAT PORTION OF LOT 25,SECTION 5,TOWNSHIP 2 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,AS SAID LOT IS SHOWN ON THE MAP OF THE LANDS OF THE EAST RIVERSIDE LAND COMPANY,IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 6,PAGE 44 OF MAPS,RECORDS OF SAID COUNTY, SAID LOT ALSO BEING SHOWN ON LICENSED LAND SURVEYOR'S MAP RECORDED IN BOOK 7,PAGES 65 AND 66 OF RECORDS OF SURVEY, SAID PORTION BEING THAT REAL PROPERTY CONVEYED BY DEED RECORDED IN BOOK 5786,PAGE 978 OF OFFICIAL RECORDS OF SAID COUNTY, SAID PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 30.00 FEET OF SAID PORTION OF LOT 25,LYING EASTERLY FROM, MEASURED AT RIGHT ANGLES TO,THE SOUTHERLY PROLONGATION OF THE WEST LINE OF THAT PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 4303,PAGE 150 OF OFFICIAL RECORDS OF SAID COUNTY. APN(s): 1167-151-22-0-000 PARCEL B: ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS: PARCEL 1 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 1,2002 AS INSTRUMENT NO.2002-0519050 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY. EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE CITY OF GRAND TERRACE REDEVELOPMENT AGENCY,A MUNICIPAL CORPORATION, MORE PARTICULARLY DESCRIBED IN THAT CERTAIN-DOCUMENT RECORDED DECEMBER 19,2006 AS INSTRUMENT NO.2006-0873342 OF OFFICIAL RECORDS. APN(s): 1167-151-68-0-000 SOUTH 28°41' 00"WEST ALONG SAID WEST LINE A DISTANCE OF 213.66 FEET TO THE TRUE POINT OF BEGINNING; terminate and be of no further force or effect on the first to occur of(i)the commencement of the grading of at least a ten(10) acre portion of the Property pursuant to a grading plan approved by the City or (ii) April 28, 2024 ("Termination Date"). From and after the Termination Date, neither this Memorandum nor the DDA shall constitute a lien, charge, or encumbrance upon or against, or shall otherwise bind, benefit, burden, affect or run with,the Property and shall be deemed eliminated from title to the Property. 4. Successors and Assigns. This Memorandum and the DDA shall bind and inure to the benefit of the parties and their respective heirs,successors and assigns. 6. No Alteration of DDA. This Memorandum is subject to the terms,covenants,conditions and provisions of the DDA and is not intended and shall not be construed to alter,modify, limit, abridge or enlarge any of the terms,covenants,conditions or provisions of the DDA. - -- - - � Nieel/:dli nu l'Iq��BN r 3 edges and agrees that the Property has been sold and conveyed by Grantor in an "AS IS" condition, with all faults, and Grantee acknowledges that the Property may have been used for railroad and/or industrial purposes, among other uses. Grantor does 2 PARCEL C: PARCEL 1 OF THAT CERTAIN LOT LINE ADJUSTMENT,RECORDED AUGUST 16, 2000 AS INSTRUMENT NO.20000294520 OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY,CALIFORNIA. EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE COLTON JOINT UNIFIED SCHOOL DISTRICT,A CALIFORNIA PUBLIC SCHOOL DISTRICT,MORE PARTICULARLY DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED DECEMBER 19,2006 AS INSTRUMENT NO.2006-0873344 OF OFFICIAL RECORDS. APN(s): 1167-151-71-0-000 PARCEL D: LOT 39 AND LOT 40 OF EAST RIVERSIDE LAND COMPANY PER MAP RECORDED IN BOOK 6,PAGE 44 OF MAPS,RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA. EXCEPTING THEREFROM THAT PORTION OF LOT 39 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 39; • THENCE NORTH 89° 53' 26"WEST ALONG THE SOUTH LINE OF SAID LOT 39,329.78 FEET; THENCE NORTH 00° 04' 28"EAST, 331.23 FEET; THENCE SOUTH 89° 53' 27"EAST,329.85 FEET TO THE EAST LINE OF SAID LOT 39; THENCE SOUTH 00° 05' 10"WEST ALONG SAID EAST LINE,331.23 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 40 DESCRIBED AS FOLLOWS: THE WEST 15.00 FEET OF SAID LOT 40 AS CONVEYED TO THE SOUTHERN CALIFORNIA ROAD MOTOR COMPANY,RECORDED APRIL 25, 1888 IN BOOK 73,, PAGE 345 OF DEEDS,RECORDS OF SAID COUNTY. ALSO EXCEPTING THEREFROM THE NORTH 100.00 FEET OF THE EAST 70.00 FEET OF THE WEST 85.00 FEET OF SAID LOT 40. 02-0519050 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY. EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE CITY OF GRAND TERRACE REDEVELOPMENT AGENCY,A MUNICIPAL CORPORATION, MORE PARTICULARLY DESCRIBED IN THAT CERTAIN-DOCUMENT RECORDED DECEMBER 19,2006 AS INSTRUMENT NO.2006-0873342 OF OFFICIAL RECORDS. APN(s): 1167-151-68-0-000 SOUTH 28°41' 00"WEST ALONG SAID WEST LINE A DISTANCE OF 213.66 FEET TO THE TRUE POINT OF BEGINNING; terminate and be of no further force or effect on the first to occur of(i)the commencement of the grading of at least a ten(10) acre portion of the Property pursuant to a grading plan approved by the City or (ii) April 28, 2024 ("Termination Date"). From and after the Termination Date, neither this Memorandum nor the DDA shall constitute a lien, charge, or encumbrance upon or against, or shall otherwise bind, benefit, burden, affect or run with,the Property and shall be deemed eliminated from title to the Property. 4. Successors and Assigns. This Memorandum and the DDA shall bind and inure to the benefit of the parties and their respective heirs,successors and assigns. 6. No Alteration of DDA. This Memorandum is subject to the terms,covenants,conditions and provisions of the DDA and is not intended and shall not be construed to alter,modify, limit, abridge or enlarge any of the terms,covenants,conditions or provisions of the DDA. - -- - - � Nieel/:dli nu l'Iq��BN r 3 edges and agrees that the Property has been sold and conveyed by Grantor in an "AS IS" condition, with all faults, and Grantee acknowledges that the Property may have been used for railroad and/or industrial purposes, among other uses. Grantor does 2 SAID LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE • OF COMPLIANCE LOT LINE ADJUSTMENT LLA 10-05 RECORDED MARCH 13,2012 AS INSTRUMENT NO.2012-0098383 OF OFFICIAL RECORDS. APN(s): 1167-151-74 PARCEL E: PORTION OF LOT 11 ACCORDING TO MAY SHOWING LANDS OF EAST RIVERSIDE LAND COMPANY,IN THE CITY OF GRAND TERRACE,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 6 OF MAPS,PAGE 44,RECORDS OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT;THENCE IN A NORTHERLY DIRECTION ALONG THE EASTERLY LINE OF SAID LOT,A DISTANCE OF 410.63 FEET TO A POINT 21877 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT;THENCE WESTERLY AND PARALLEL TO THE NORTH LINE OF SAID LOT,A DISTANCE OF 50 FEET TO A POINT;THENCE NORTHERLY AND PARALLEL TO THE EAST LINE OF SAID LOT,A DISTANCE OF 218.77 FEET,MORE OR LESS,TO THE NORTH LINE OF SAID LOT;THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT,A DISTANCE OF 175 FEET TO A POINT;THENCE SOUTHERLY AND PARALLEL TO THE EAST LINE OF SAID LOT,A DISTANCE OF 629.4 FEET,MORE OR LESS, - TO THE SOUTH LINE OF SAID LOT;THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT,A DISTANCE OF 225 FEET,MORE OR LESS,TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF LOT 11,ACCORDING TO MAP SHOWING LANDS OF EAST RIVERSIDE LAND COMPANY AS PER PLAT RECORDED IN BOOK 6 OF MAPS,PAGE 44,RECORDS OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING 140 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT; THENCE IN A NORTHERLY DIRECTION AND PARALLEL TO THE EAST LINE OF SAID LOT A DISTANCE OF 130 FEET;THENCE IN A WESTERLY DIRECTION AND PARALLEL TO THE SOUTH LINE OF SAID LOT,A DISTANCE OF 85 FEET;THENCE IN A SOUTHERLY DIRECTION AND PARALLEL TO THE EAST LINE OF SAID LOT,A DISTANCE OF 130 FEET;THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT A DISTANCE OF 85 FEET TO THE TRUE POINT OF BEGINNING. TAX ASSESSOR'S NUMBER: 1167-161-03-0-000 PARCEL F: THAT PORTION OF LOT 11,ACCORDING TO MAP SHOWING LANDS OF EAST RIVERSIDE LAND COMPANY,IN THE CITY OF GRAND TERRACE, COUNTY OF SAN approved by the City or (ii) April 28, 2024 ("Termination Date"). From and after the Termination Date, neither this Memorandum nor the DDA shall constitute a lien, charge, or encumbrance upon or against, or shall otherwise bind, benefit, burden, affect or run with,the Property and shall be deemed eliminated from title to the Property. 4. Successors and Assigns. This Memorandum and the DDA shall bind and inure to the benefit of the parties and their respective heirs,successors and assigns. 6. No Alteration of DDA. This Memorandum is subject to the terms,covenants,conditions and provisions of the DDA and is not intended and shall not be construed to alter,modify, limit, abridge or enlarge any of the terms,covenants,conditions or provisions of the DDA. - -- - - � Nieel/:dli nu l'Iq��BN r 3 edges and agrees that the Property has been sold and conveyed by Grantor in an "AS IS" condition, with all faults, and Grantee acknowledges that the Property may have been used for railroad and/or industrial purposes, among other uses. Grantor does 2 BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 6 OF MAPS,PAGE 44,RECORDS OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING 140 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT; THENCE IN A NORTHERLY DIRECTION AND PARALLEL TO THE EAST LINE OF SAID LOT A DISTANCE OF 130 FEET;THENCE IN A WESTERLY DIRECTION AND PARALLEL TO THE SOUTH LINE OF SAID LOT,A DISTANCE OF 85 FEET;THENCE IN A SOUTHERLY DIRECTION AND PARALLEL TO THE EAST LINE OF SAID LOT,A DISTANCE OF 130 FEET;THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT A DISTANCE OF 85 FEET TO THE TRUE POINT OF BEGINNING. TAX ASSESSOR'S NUMBER: 1161-161-04-0-000 / „ J Name• ohn M.Goodman !� APPROVED AS TO FORM Its: uthorized Agent SIGNED IN COUNTERPART Dated:April 2017 By: Name: Its:City Attorney Dated:April_,2017 _ __ Boty0K . 3L�41AA1 ,L5 t