Cities Index.
Exhibit B - Irrevocable Agreement to Annex

Chino City Council
October 6, 2026

Document
Exhibit B - Irrevocable Agreement to Annex
Meeting
October 6, 2026
Body
Chino City Council
Original file
5.6 MB
Text extracted from the city's file for reading and search. Open the original on chino.legistar1.com. That file is the official record.

RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:

City of Chino
City Clerk
P.O. Box 667
Chino, CA 91708
Exempt from recording fees according to SPACE ABOVE THE LINE FOR Government Code Section No. 27383 RECORDER’S USE

COVENANT AGREEMENT TO ANNEX

AND FOR SANITARY SEWER CONNECTION
This Covenant Agreement (“Agreement”) is made this ____ day of_______________, 202_, by and between the City of Chino, a municipal corporation, hereinafter referred to as “City”, and Borstein Enterprises [or assignee], hereinafter referred to as “Owner.”

RECITALS
A. Owner owns that certain real property located at 4103 and 4257 Phillips Blvd., Chino in the County of San Bernardino, State of California, and more particularly described in Exhibit “A” attached hereto (“Property”).

B. The Property is outside of City’s territorial boundaries but within City’s Sphere of Influence.

C. Owner has requested permission to connect the Property, and existing and/or proposed improvements on the Property, to the City’s sanitary sewer system (“Sewer”).

D. City is willing to allow Owner to connect the Property to the Sewer on the condition that Owner (i) enter into an irrevocable agreement to annex the Property to the City at such time as the City determines a sufficient number of parcels are assembled for annexation and the number of parcels or area qualifies for annexation in accordance with the Local Agency Formation Commission (LAFCO) policy pertaining to such annexations, and (ii) that Owner agrees to develop the Property in the manner provided in Section 4(b) of this Agreement and in conformance with all City codes and standards pertaining to the Sewer.

E. As required by Government Code Section 56133, the City has requested and received approval from the Local Agency Formation Commission (LAFCO) of San Bernardino County (“LAFCO”) to provide Sewer services to the Property. 1 AGREEMENT
NOW, THEREFORE, the Parties agree as follows:

1. Incorporation of Recitals. The foregoing recitals are incorporated herein by reference.

2. Effective Date; Duration. This Agreement shall be effective (“Effective Date”) on the date it is recorded in the Official Records of San Bernardino County (“Official Records”) and shall continue in full force and effect until terminated in accordance with Section 7 below.

Owner shall execute and acknowledge this Agreement and deliver it to City for execution after which City shall have it recorded in the Official Records and send a recorded copy to Owner.

3. Owner’s Representations and Warranties. Owner represents and warrants to the City that, as of the Effective Date, Owner is the fee owner of the Property, that there are no other owners of the Property other than those listed in this Agreement, and that Owner has authority to execute this Agreement which shall be binding on the Property.

4. Covenants, Restrictions and Obligations. Owner covenants and agrees as follows:
(a) Annexation.
(i) At such time as the City decides to seek annexation of the Property to the City (“Annexation”), in the City’s sole discretion, Owner shall consent to the Annexation, shall fully cooperate with and provide all necessary assistance to the City during the Annexation process, and shall take all actions required to effectuate the Annexation. Owner waives all rights to protest or otherwise oppose the Annexation of the Property to the City of Chino. Specifically, Owner shall not present any written or oral protest of or objection to Annexation to LAFCO, and shall not object (either orally or in writing) to any proposal by LAFCO to waive protest proceedings concerning the Annexation, whether at a public hearing or otherwise. (ii) Additionally, Owner shall pay all fees and costs, at the time that they become due and payable, as would ordinarily be charged to an Owner whose property is being considered for annexation or is annexed to the City, if any. (b) Development of Property. Upon and after connecting the Property to the Sewer, Owner shall use and develop the Property only in a manner substantially consistent with the permitted use(s) for the Property as shown on the project plans attached hereto as Exhibit “B” (the “Project Plans”), in addition to any other land use and development standards imposed by the County of San Bernardino. Prior to connecting to and receiving Sewer service, Owner shall provide the City a copy of the final project plans approved by the County of San Bernardino.

Notwithstanding any other provision of this Agreement, a current or proposed use that is in substantial compliance with the Project Plans will be permitted to connect to and/or remain connected to the Sewer. A use of the Property shall be deemed in “substantial compliance” with the Project Plans if it is consistent with the general design and intensity of development shown on the Project Plans.
2 While the project described in Exhibit B does not currently adhere to all technical requirements of the General Plan, it is consistent with the intent of the General Plan. Any future significant modification to the project that triggers development review, shall be required to conform to the General Plan and applicable zoning requirements in effect at that time. Any significant modification may require additional discretionary review and/or amendments to the applicable land use and zoning entitlements. Notwithstanding the forgoing, reductions in density, adding entry enhancements which may include gates, or making floor plan and elevation changes that don’t materially increase building massing or square footage, would be deemed in “substantial compliance” with the Project Plans.
(c) Sewer Connection. Owner shall (i) pay all fees, charges, and deposits required by the City for connection to and use of the Sewer including but not limited to fees for Sewer Maintenance and IEUA Sewage Treatment; (ii) shall complete all improvements required to extend the Sewer to the Property, in accordance with City standards (as determined by the City Engineer), at Owner’s sole expense; and (iii) shall comply with all City codes and standards regarding use of the Sewer, including but not limited to, discharge regulations.

5. Extension of Sewer Services. City agrees to allow the Property to connect to the Sewer, subject to Owner’s compliance with the terms of this Agreement and subject to any conditions imposed by LAFCO in its approval of City’s request to extend Sewer services to the Property, if any, which are incorporated herein.

6. Runs with the Land. This Agreement shall run with and burden the Property and all future owners, tenants, and occupants of the Property, and shall run in favor of the City in gross as a covenant and equitable servitude and shall benefit all real property owned by the City from time to time.

7. Release of Covenant. Provided Owner is not in default of this Agreement, Owner may request that this Agreement be released by sending written notice to City requesting the release after the Property has been annexed to the City of Chino. Upon confirmation of compliance with the foregoing to the reasonable satisfaction of the City, City shall execute a release in a form approved by the City Attorney, which shall be executed and acknowledged by the City and recorded in the Official Records. The release may be executed by the City Manager.

8. Violations; Remedies.
(a) Breach of Annexation Covenant.
(i) Owner’s breach of Section 4(a)(i) of this Agreement will cause substantial injury to the City, including but not limited to delaying and potentially preventing City’s ability to annex the Property and other properties to the City, which is the City’s primary aim and intent in entering into this Agreement. Since the determination of actual damages caused by a breach of Section 4(a)(i) would be difficult or impractical to determine, City and Owner agree that if Owner breaches Section 4(a)(i) either by making a protest or objection as described in Section 4(a)(i) or refusing to take any actions required to effectuate the Annexation, Owner shall be liable for and shall pay to the City the sum of Ten Thousand Dollars ($10,000), and shall also 3 reimburse the City for all costs (including legal fees) incurred by the City as a result of Owner’s breach, all of which shall be due upon demand by the City, and shall be due whether or not Owner’s breach prevents Annexation. City may also seek any other remedy for such breach available under law.
(ii) If Owner refuses or fails to timely make any payment described in Section 4(a)(ii), Owner authorizes City to make such payment on Owner’s behalf and Owner shall reimburse City for such payment within (30) days of a written demand by the City. (b) Breach of Sewer Regulations. If the City believes Owner has violated Section 4(c) of this Agreement, City may provide written notice of breach and demand that Owner remedy the breach within thirty (30) days of receipt of the notice. If Owner fails to remedy the breach in the specified time period and provide proof thereof to the reasonable satisfaction of the City, Owner shall be liable for and shall pay to the City One Hundred Dollars ($100.00) per day until the breach is cured to the City’s reasonable satisfaction. (c) Rights and Remedies are Cumulative. The rights and remedies of the City listed in this Section 8 are cumulative and the exercise by City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by Owner. (d) Lien. If any amount due to the City under this Section 8 is not paid within thirty (30) days of a written demand by the City, City shall have the right to record a lien against the Property for such amount.

9. Amendment or Modification. This Agreement may not be amended or modified except (i) in writing executed by the then current owner(s) of the Property and the City, and (ii) recorded in the Official Records.

10. Notices. Any notice to be given under this Agreement shall be given by personal delivery or by depositing the same in the United States Mail, certified or registered, postage prepaid, at the following addresses:

City: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: Director of Public Works Department
With Copy to: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: City Attorney
Owner: Borstein Enterprises
11726 San Vicente Blvd., Ste. 300
Los Angeles, CA 90049
4 Any notice delivered personally shall be effective upon delivery. Any notice given by mail as above provided shall be effective forty-eight (48) hours after deposit in the mail. Any party may change address for notice by giving written notice of such change to the other party.

11. Miscellaneous.
(a) Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
(b) Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California and any legal action shall be brought in a court of competent jurisdiction in San Bernardino County.
(c) Attorney’s Fees. In the event of any litigation or other legal proceeding arising from this Agreement, the prevailing party will be entitled to recover, in addition to any other relief awarded or granted, its reasonable costs and expenses, including attorney’s fees, incurred in the proceeding.
(d) Final Agreement. This Agreement contains the entire understanding and agreement with respect to the subject matter of this Agreement and all prior or contemporaneous documents, communications, understandings, representations, and statements shall be of no force or effect.
(e) Construction. This Agreement shall be construed according to its fair meaning as if prepared by all parties to this Agreement. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. (f) No Waiver. The failure to enforce any term, covenant, or condition of this Agreement shall not be construed as a waiver of the right to enforce this, or any other, term, covenant, or condition of this Agreement.
(g) Counterparts. This Agreement may be executed in any number of counterparts each of which shall be an original but all of which shall constitute one and the same document. [Signatures on Following Page]
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officials thereunto duly authorized.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS THE CONTENT:

ALESHIRE & WYNDER, LLP

Fred Galante, City Attorney Hye Jin Lee
Director of Public Works Department
OWNER
By:
[Final signature block to be revised and added]
Name: Loren Borstein
Title: President
Address: 11726 San Vicente Blvd., Ste. 300
Los Angeles, CA 90049
[OWNER’S SIGNATURE SHALL BE NOTARIZED]
Exhibit A - 1

EXHIBIT A

PROPERTY DESCRIPTION
That certain real property in the County of San Bernardino, State of California, legally described as follows:

Lot 24 IN SECTION 34, TOWNSHIP 1 SOUTH, RANGE 8 WEST, SAN BERNARDIO BASE

AND MEDIDIAN, ACCORDING TO THE SUBDIVISION OF A PART OF RANCHO SANTA ANA DEL CHINO, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 15, RECORDS OF SAID COUNTY.

PROPERTY ADDRESS OR LOCATION: 9.5 ACRES ON PIPELINE AVENUE, CHINO, CA, 91710
APN.: 1013-161-01
Exhibit A-1 - 1
EXHIBIT A-1

PROPERTY DESCRIPTION
That certain real property in the County of San Bernardino, State of California, legally described as follows:

THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO AND IS DESCRIBED AS FOLLOWS:

PARCEL 1:

LOT 9 IN SECTION 34, TOWNSHIP 1 SOUTH, RANGE 8 WEST, SAN BERNARDINO

MERIDIAN, AS SHOWN ON THE MAP OF SUBDIVISION OF PART OF RANCHO

SANTA ANA DEL CHINO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS PAGE 15, RECORDS OF SAID COUNTY.

EXCEPTING THEREFROM THAT PORTION OF LOT 9, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF LOT 10 IN SAID SECTION 34, SAID POINT BEING IN THE CENTER LINE OF NORTON AVENUE; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT, 301 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTH LINE OF LOTS 10 AND 9, 643.52 FEET TO A POINT WHICH IS 342.28 FEET EAST OF THE EAST LINE OF PIPE LINE AVENUE; THENCE NORTH 0° 2’ 52” WEST 653.72 FEET TO THE SOUTH LINE OF PHILLIPS STREET (DESSAU STREET); THENCE NORTH 85° 49’ 24 EAST ALONG THE SOUTH LINE OF SAID STREET, 645.19 FEET TO A POINT WHICH IS 301.78 FEET WEST OF

INTERSECTION OF THE SOUTHERLY LINE OF DESSAU STREET AND THE CENTER LINE OF NORTON AVENUE; THENCE SOUTH 0° 2’ 52” EAST 700.12 FEET TO THE POINT OF BEGINNING.

ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN BERNARDINO, DESCRIBED AS FOLLOWS:

A PORTION OF LOT 9, SECTION 34, TOWNSHIP 1 SOUTH, RANGE 8 WEST,

SUBDIVISION OF PART OF RANCHO SANTA ANA DEL CHINO, AS SHOWN ON MAP RECORDED IN MAP BOOK 6 PAGE 15, IN RECORDER’S OFFICE IN SAID COUNTY,

SAID PORTION BEING PARTICULARLY DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 9 (SAID CORNER BEING DEFINED AS BEING

THE INTERSECTION OF THE EAST LINE OF PIPE LINE AVENUE AND THE SOUTH LINE OF PHILLIPS BOULEVARD, AS SHOWN ON SAID MAP); THENCE SOUTH 0° 22’ 15” EAST ALONG SAID EAST LINE OF PIPE LINE AVENUE, A DISTANCE OF 384.67 FEET; THENCE NORTHEASTERLY ON A CURVE TO THE RIGHT WHOSE RADIUS IS 567 FEET AND FROM A TANGENT WHOSE BEARING IS NORTH 0° 22’ 15” WEST, A DISTANCE OF 201.93 FEET; THENCE ON A CURVE TO THE LEFT, WHOSE RADIUS IS 633 FEET, A DISTANCE OF 197.15 FEET TO A POINT ON THE AFORESAID SOUTH Exhibit A-1 - 2
LINE OF PHILLIPS BOULEVARD; THENCE SOUTH 85° 27’ 30” WEST ALONG SAID SOUTH LINE, A DISTANCE OF 74.84 FEET TO THE PLACE OF BEGINNING.

AREAS AND DISTANCES ARE COMPUTED TO THE CENTER LINE OF ALL ADJOINING STREETS AND ROADS.

BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA, DATED FEBRUARY 7, 1938, THE NAME OF DESSAU STREET WAS CHANGED TO PHILLIPS BOULEVARD.

PARCEL 2:

AN UNDIVIDED 18/33 INTEREST IN THAT PORTION OF LOT 7, IN SECTION 34, TOWNSHIP 1 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, ACCORDING

TO MAP SHOWING SUBDIVISION OF PART OF RANCHO SANTA ANA DEL CHINO, IN

THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS PAGE 15, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE NORTH LINE OF SAID RANCHO SANTA ANA DEL CHINO, AND THE NORTH LINE OF PHILLIPS BOULEVARD, WHICH IS SOUTH 85° 57’ WEST 215.88 FEET FROM THE INTERSECTION OF THE NORTH LINE OF SAID RANCHO SANTA ANA DEL CHINO, WITH THE CENTER LINE OF NORTON AVENUE; THENCE SOUTH 77.6 FEET; THENCE WEST 72 FEET; THENCE NORTH 71.91 FEET TO THE NORTH LINE OF SAID RANCHO SANTA ANA DEL CHINO; THENCE NORTH 35° 57’ EAST 72.18 FEET TO THE POINT OF BEGINNING, BEGIN WELL AND PUMPING PLANT SITE.

EXCEPTING FROM BOTH OF THE ABOVE DESCRIBED PARCELS ANY PORTION LYING WITHIN PHILLIPS BOULEVARD.

PARCEL 3:

A 5 FOOT EASEMENT FOR IRRIGATION PIPE LINES FOR THE TRANSPORTATION OF IRRIGATION WATER AND INCIDENTAL PURPOSES, FROM PARCEL 2 HEREINABOVE DESCRIBED, TO PARCEL 1 HEREIN DESCRIBED, OVER, UNDER,

ALONG, THROUGH AND ACROSS THE FOLLOWING DESCRIBED PROPERTY, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS:

THAT PORTION OF FRACTIONAL LOTS 7 AND 8 AND LOTS 9 AND 10, IN SECTION 34, TOWNSHIP 1 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN,

ACCORDING TO MAP OF SUBDIVISION OF RANCHO SANTA ANA DEL CHINO, IN

THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 15, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT WHICH IS 303.50 FEET WEST OF THE CENTER LINE OF NORTON AVENUE, AND 2.5 FEET SOUTH OF THE SOUTH LINE OF PHILLIPS Exhibit A-1 - 3
BOULEVARD; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF PHILLIPS BOULEVARD TO THE EAST LINE OF THE PROPERTY DESCRIBED AS PARCEL 1 ABOVE. ALSO BEGINNING AT A POINT 303.50 FEET WEST OF THE CENTER LINE OF NORTON AVENUE AND 2.50 FEET SOUTH OF THE SOUTH LINE OF PHILLIPS BOULEVARD; THENCE SOUTH PARALLEL WITH THE CENTER LINE OF NORTON AVENUE, A DISTANCE OF 363.02 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF LOTS 9 AND 10, A DISTANCE OF 641.02 FEET TO THE EAST LINE OF SAID PARCEL 1. ALSO BEGINNING AT A POINT 644.50 FEET WEST OF THE CENTER LINE OF NORTH AVENUE, AND 335 FEET NORTH OF THE SOUTH LINE OF LOT 10;

THENCE SOUTH PARALLEL WITH THE CENTER LINE OF NORTON AVENUE TO A POINT 4.50 FEET NORTH OF THE SOUTH LINE OF LOT 10; THENCE WEST PARALLEL WITH THE SOUTH LINE OF LOTS 10 AND 9, A DISTANCE OF 300.00 FEET TO THE EAST LINE OF SAID PARCEL 1.

APN.: 1013-111-01
Exhibit A-2 - 1
EXHIBIT A-2

PROPERTY DESCRIPTION
That certain real property in the County of San Bernardino, State of California, legally described as follows:

PARCEL NO. 1:

THE SOUTH 1/2 OF THE NORTH 120.1 FEET OF THE SOUTH 360.3 FEET OF THE FOLLOWING DESCRIBED PROPERTY:

THAT PORTION OF LOT 10, SECTION 34, TOWNSHIP 1 SOUTH, RANGE 8 WEST, SAN

BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF SUBDIVISION OF PART OF RANCHO SANTA ANA DEL CHINO, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 15, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF NORTON

AVENUE, WITH THE NORTH LINE OF RANCHO SANTA ANA DEL CHINO, WHICH LINE IS ALSO THE NORTH LINE OF PHILLIPS BOULEVARD 30 FOOT ROADWAY; THENCE SOUTH ALONG THE CENTER LINE OF SAID NORTON AVENUE 154.01 FEET; THENCE WEST AND PARALLEL TO THE SOUTH LINE OF SAID LOT 10, 150 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH AND PARALLEL TO THE CENTER LINE OF NORTON AVENUE 360.3 FEET; THENCE WEST AND PARALLEL TO THE SOUTH LINE OF SAID LOT 10, 151 FEET, MORE OR LESS, TO THE WEST LINE OF THAT PROPERTY CONVEYED TO NELSON C. PENDER AND VELMA E. PENDER, HUSBAND AND WIFE, AS JOINT TENANTS, BE DEED RECORDED SEPTEMBER 7, 1960, IN BOOK 5230 OF OFFICIAL RECORDS; PAGE 315; THENCE NORTH ALONG SAID WEST LINE OF THE PROPERTY CONVEYED TO NELSON C. PENDER AND VELMA E. PENDER, HUSBAND AND WIFE, 360.3 FEET; THENCE EAST TO THE POINT OF BEGINNING.

PARCEL NO. 2:

A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS

AND PUBLIC UTILITY PURPOSES, WITH THE RIGHT TO DEDICATE THE SAME FOR PUBLIC USE OVER AND ACROSS THE WEST 30 FEET OF THE EAST 301 FEET OF LOTS 7 TO 10, SECTION 34, TOWNSHIP 1 SOUTH, RANGE 8 WEST, SAN

BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF SUBDIVISION OF PART OF RANCHO SANTA ANA DEL CHINO, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 15, RECORDS OF SAID COUNTY.

EXCEPT THEREFROM THE SOUTHERLY 533.25 FEET THEREOF.

ALSO EXCEPT THEREFROM THE FOLLOWING DESCRIBED PROPERTY:

Exhibit A-2 - 2
THE WEST 16 FEET OF THAT PORTION OF LOT 7, SECTION 34, TOWNSHIP 1 SOUTH, RANGE 8 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF

SUBDIVISION OF PART OF RANCHO SANTA ANA DEL CHINO, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 15, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT POINT ON THE NORTH LINE OF RANCHO ANA DEL CHINO, AND THE NORTH LINE OF PHILLIPS BOULEVARD, WHICH IS SOUTH 85° 57’ WEST 215.58

FEET FROM THE INTERSECTION OF THE NORTH

LINE OF RANCHO SANTA ANA DEL CHINO, WITH THE CENTER LINE OF NORTON AVENUE; THENCE SOUTH 77.06 FEET; THENCE WEST 72 FEET; THENCE NORTH

71.91 FEET TO THE NORTH LINE OF SAID RANCHO SANTA ANA DEL CHINO; THENCE NORTH 85° 57’ EAST 72.18 FEET TO THE POINT OF BEGINNING.

ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL NO. 1.

APN.: 1013-111-02

111943\19767527v1
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 )
) ss.

COUNTY OF )
On , 202_ before me, , a notary public, 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.

Notary Public
SEAL:
111943\19767527v1
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 )
) ss.

COUNTY OF )
In , 202_ before me, , a notary public, 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.

Notary Public
SEAL:

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