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Margaret L. Miller
Recorded in Official Records San Bernardino County Bob Dutton RECORDING REQUESTED BY Assessor-Recorder-County Clerk AND WHEN RECORDED RETURN TO: DOC # 2021-0360381 08/11/2022 Titles: 1 Pages: 7 City of Grand Terrace 08:12 AM 22795 Barton Road SAN Fees: 0.00 Taxes: 0.00 CA 92313 C5032 Grand Terrace, CA SB2 Fee: 0.00 Attention: Debra Thomas Total: 0.00 City Clerk Recorder's Use Only APNs: 0276-202-76-0-000&0276-202-82-000 Exempt from filing/recording fees per Govt. Code §27383 AGREEMENT TO AMEND EASEMENT RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92313 Attention: Debra L. Thomas, City Clerk Recorder's Use Only APNs: 0276-202-76-0-000&0276-202-82-000 Exempt from filing/recording fees per Govt. Code §27383 FIRST AMENDMENT TO EASEMENT FOR INGRESS AND EGRESS THIS FIRST AMENDMENT TO EASEMENT FOR INGRESS AND EGRESS (the "Amendment") is executed as of the day of May 25, 2021 between the CITY OF GRAND TERRACE, a municipal corporation ("City") and MARGARET L. MILLER, a married woman as her sole and separate property("Miller"). RECITALS A. Whereas, the City is th?owner of record of certain real property and the City Fall located thereon at the property identified as APN 0276-202-82-0000 ("City Property"), commonly known as 22795 Barton Road, Grand Terrace, CA 92313, and legally described as follows: ASSESSORS MAP NO 1 OF R W A GODREYS SUB COM AT INTERSECTION SELY LI BARTON RD AND N LI PALM AVE TH E ALG SD N LI PALM AVE 1256:42 FT TH N 00 DEG 02 MIN 00 SECONDS E 145.00 FT TO TRUE POB TH CONT N 00 DEG 02 MIN 00 SECONDS E 229.55 FT M/L TO SE COR PAR 2 PM 10439 TH S 89 DEG 26 MIN 30 SECONDS W ALG S LI SD PAR 2 218.59 FT M/L T SW COR SD PAR 2 TH N 00 DEG 02 MIN 00 SECONDS E 259.93 FT M/L TO SELY LI BARTON RD (60 FT WIDE)TH SWLY ALG SD SELY LI 119.05 FT TH S 00 DEG 02 MIN 00 SECONDS W 316.67 FT TH N 89 DEG 27 MIN 10 SECONDS E 158.59 FT TH S 00 DEG 02 MIN 00 SECONDS W 140.00 FT TH N 89 DEG 27 MIN 10 SECONDS E 79.29 FT TH N 00 DEG 02 MIN 00 SECONDS E 10.00 FT TH N 89 DEG 27 MIN 10 SECONDS E 79.29 FT TO TRUE POB B. Whereas, Miller is the owner of record of certain real property and commercial premises thereon identified as APN 0276-202-76-0-000 ("Miller Property"), commonly known as 22797 Barton Road, Grand Terrace, CA 92313, and legally described as follows: PARCEL 1 OF PARCEL MAP NO. 10439, IN THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS 01247.0003/636378.9 AS PER PLAT t RECORDED IN BOOK 123, PAGE(S) 1 AND 2 OF PARCEL MAPS,RECORDS OF SAID COUNTY C. Whereas, on December 21, 1983, a grant deed was recorded in the Official Records of San Bernardino County as Instrument Number 83-300503 wherein the City granted the Miller Property an easement for ingress and egress over the following portion of the City Property("Easement Over City Property"): A strip of land 11 feet in width, the Easterly line thereof being described as follows: Commencing at the intersection of the South line of Barton Road (formerly Redlands-Riverside Road), as established by Deed to the County of San Bernardino recorded May 18, 1932 in Book 795, Page 89 of Official Records of said County, with the West line of Preston Street (formerly Stevenson Street) as said street was established by Deed to the County of San Bernardino recorded in Book 270 of Deeds, Page 213, Records of said County; thence Southwesterly 415.82 feet, more or less, along the said South line of Barton Road to the Northwest corner of that certain parcel of land conveyed to Leslie H. Henson et ux by Deed recorded June 6, 1958 in Book 4525, Page 167, Official Records of said County, thence South 0° 02' 00" West 259.93 feet; thence North 89" 26' 30" East 118.59 feet, thence South 0° 02' 00" West 77 feet; thence South 89' 26 1 30" West 218.59 feet to the True Point of Beginning, said point being the Southwest corner of that certain parcel of land conveyed to Zampese and DeBenedet, a partnership, by Deed recorded April 2, 1964 in Book 6120, Page 230, Official Records of said County; thence North 0' 02' 00" East along the Westerly line of the land so conveyed to Zampese & DeBenedet to the said South line of Barton Road. D. Whereas, on December 21, 1983, a grant deed was recorded in the Official Records of San Bernardino County as Instrument Number 83-300504 wherein the owner of the Miller Property granted to the City an easement for ingress and egress,,which the City reconstructed a road on such easement and has maintained such easement, over the following portion of the Miller Property ("Easement Over Miller Property"): A strip of land 10 feet in width, the westerly line thereof being described as follows: Commencing at the intersection of the South line of Barton Road (formerly Redlands-Riverside Road), as established by Deed to the County of San Bernardino recorded May 18, 1932 in Book 795, Page 89 of Official Records of said County, with the West line of Preston Street (formerly Stevenson Street) as said street was established by Deed to the County of San Bernardino recorded in Book 270 of Deeds, Page 213, Records of said County, thence southwesterly 415.82 feet, more or less, along the said South line of Barton Road to the Northwest corner of that certain parcel of land conveyed to Leslie H. Henson et ux by Deed recorded June 6,1958 in Book 4525, page 167, Official Records of 01247.0003/636378.9 said.County, thence South 0°02' 00" West 259.93 feet, thence North 89' 26`30" East 118.59 feet, thence South 0° 02' 00' West 77 feet, thence South 89"' 26`30" West 218.59 feet to the True Point of Beginning, said point being the Southwest corner of that certain parcel of land conveyed to Zampese and DeBenedet, a partnership, by Deed recorded April 2, 1964 in Book 6120. Page 230, Official Records of said County; thence North 00 02' 00" East along the Westerly line of the land so conveyed to Zampese & De Benedetto the said South line of Barton Road. E. Whereas, City of Grand Terrace has requested that Miller execute a utility easement in favor of Southern California Edison. F. Whereas, City and Miller desire to amend the Easement Over Miller Property and Easement Over City Property (collectively,the "Easements"). NOW, THEREFORE, the City and Miller, for valuable consideration, the receipt of which is hereby acknowledged, consent and agree to amend the Easements as follows: 1. Maintenance. City of Grand Terrace shall be responsible for all maintenance, repairs and improvements on the Easements. City of Grand Terrace shall maintain the Easements to the same maintenance and construction standards as the parking lot of the City of Grand Terrace City Hall. 2. Indemnification. 2.1 To the full extent permitted by law, City agrees to indemnify, defend and hold harmless Miller against, and will hold and save her harmless from, any and all actions, either judicial; administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (for the purposes of Section 1, "Maintenance") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the active or passive negligent performance of any work, operations or activities occurring within the ("Easement Over Miller Property") by City, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which City is legally liable, or arising from City's reckless or willful misconduct, or arising from City's negligent performance of or failure to perform any term, provision, covenant or condition of this Amendment, except claims or liabilities occurring as a result of Miller's sole negligence or willful acts or omissions. 3. City shall reasonably post and enforce no parking on the Easements. Said no parking restrictions shall reasonably apply with equal force to the public and City, including its employees, agents, and independent contractors. 4. Miller shall concurrently execute a utility easement in favor of Southern California Edison. 5. This Amendment shall be binding on the successors and assigns of the parties. 01247.0003/636378.9 6. Except as specifically amended hereby, all terms and conditions of the Easements shall remain in full force and effect. In the event of any conflict between the terms and conditions of this Amendment and the terms and conditions of the Easements, the terms and "conditions of this Amendment shall control. Date: M OA City , of Grand Terrace, a California corporation D ayor Margaret Miller, a married woman as.her-stile _. and separate property EST: Debra Thomas, Cliiy Clerk r r 01247.0003/636378.9 CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 4��ll On M ft 9-5—,2021 before me,4g U/f�i-�,24G �,J''��personaZllJyar appearedMRf490;"Z. proved to me on the basis'of satisfactory evidence to be the persono whose names)is/pte subscribed to the within instrument and acknowledged to me that X/sheoey executed the same in W/her/;heir authorized capacity(Ks),and that by h�eher/tl/r signatureks)on the instrument the persono),or the entity upon behalf of which the person(A)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 d official eal. G U R PAL BAWA _ COMM. #2225859 „ LU Cn NOTARY PUBLIC-CALIFORNIA m Signature: c SAN BERNARDINO COUNTY My Comm.Expires Jan.15,2022 OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) SIGNERS)OTHER THAN NAMED ABOVE 01247.0003/636378.9 } i CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California 1 County of 5Ae AkAo g ,. )0 J} on A.AV 96- anal before me, L. 114,ohLfl; [Fate Here Insert Nomd and Title of the Officer personally appeared , /)9 °a)fQD� Name(s)of Signer(s) 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 b rider.PENALTY OF PERJURY under the-,= - M° DEBRAL.THOMIAS laws of'the'State of California that the foregoing " Notary Public•California ` San Bernardino County paragraph is true qn,d_correct. ' + Commission a 2308763 My Comm.Expires Nov 10,2023 WITNESS my hand and-official seal.' Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact o Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2018 National Notary Association