RECORDING REQUESTED BY
City of Merced
ngineering Departmen
78 W. 18th Stree
Merced, CA 95340
AND WHEN RECORDED MAIL TO
City of Merced
City Clerk's Offic
578 W. 18# Street
Merced, CA 95340
(Portion of APN 008-310-038 & 053)
GRANT OF ABUTTER'S RIGHTS OF ACCESS
The undersigned grantors) declare(s)
Documentary transfer tax is $0, CA Rev & Tax Code § 11922 •I computed on full value of property conveyed, or
I computed on full value less of liens or encumbrances remaining at time of sale. • unincorporated area [X] City of Merced
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF MERCED, a California Charter Municipal Corporation ("Grantor" or "City"), hereby GRANTS to
MERCED HOLDINGS, LP, a Nevada Limited Partnership ("Grantee") Abutter's Rights of Access to that certain real property described in Exhibits A and B hereto ("Property") on the terms and conditions set forth in this Grant of Abutter's Rights of Access ("Agreement"). Grantor and Grantee are at all times herein collectively referred to the "Parties."
RECITALS
WHEREAS, Grantee's predecessor-in-interest was the previous owner of the portion of the Property described in Exhibit A, who recorded two grant deeds in favor of the County of Merced which relinquished both title and access to that portion of the Property ("Previously Deeded Portion"').
WHEREAS, a description of the Previously Deeded Portion is in the grant deed (Vol. 2611,
1987, for street purposes.
WHEREAS, a description of the abutter's rights of access that were relinquished and released as described in the grant deed (Vol. 2611, Page 583) that was recorded in the Recorder's Office for the County of Merced on May 29, 1987.
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Attachment # 8
WHEREAS, the City acquired title to the Property in the Hunt Family Annexation that was completed on August 1, 2003, pursuant to Government Code section 56000 et seq., also known as the "Cortese-Knox-Hertzberg Reorganization Act of 2000 (the "Act").
WHEREAS, Grantee now requires rights of access in order to commence and complete construction of the Hub Planned Development Project (the "Development Project").
WHEREAS, the City has determined the Development Project to be in the best interest of the City and its residents.
WHEREAS, the City has agreed to grant the abutter's right back to the Grantee pursuant to this Agreement consistent with its previously held abutter's rights of access and additional rights as described in Exhibit B.
NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND THE MUTUAL
OBLIGATIONS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HEREBY AGREE AS FOLLOWS:
AGREEMENT
SECTION 1. Grant of Abutter's Rights
The City hereby grants to Grantee, its successors and assigns, the abutter's rights to that portion of McKee Road described in Exhibit B for the purpose of ingress and egress to McKee Road.
SECTION 2. Indemnification
Grantee shall at all times comply with all laws, ordinances, rules and regulations of municipal, state and federal governmental authorities and all City policies, administrative regulations, and rules relating to the installation, maintenance, height, location, use, and operation authorized herein, and, to the furthest extent permitted by California law, Grantee shall fully defend, hold harmless and indemnify the City of Merced, its officials, employees and agents against any and all injury, loss, damage or liability, or any claims, actions, or proceedings which may be sustained or incurred by the City, including costs or expenses (including reasonable attorney's fees of counsel who shall be reasonably approved by City) as a result of: (i) Grantee's activities on or in the vicinity of the Property, site or access area, including but not limited to, negligent construction, installation, operation or removal of such Improvements; (ii) or which may arise from any challenge seeking to attack, set aside, void, or annul any governmental approval, adoption, or decision required for Grantee's use of the Site or Access Area; (iii) or which in any way arises out of the use and/or occupancy of the Property by Grantee, except to the extent solely attributable to the gross negligence or intentional acts of the City.
SECTION 3. Recording
Grantee shall, at its expense, record this Agreement in the Merced County Recorder's Office, and shall provide Grantor with conformed copies of the recorded instrument, as well as executed originals of all documents.
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SECTION 4. Binding Effect
The rights and responsibilities set forth in this Agreement shall inure to and bind the Parties hereto, their heirs, representatives, successors, and assigns and also constitute covenants running with the land.
SECTION 5. Prohibited Uses
Grantee shall not commit or permit its Contractors to commit, any acts on the Property, access area, or property, nor use or permit its Contractors to use the Property, access area, or property, in any way that violates or conflicts with: (i) any law, statute, ordinance, or governmental rule or regulation, whether now in force or hereafter enacted, that may govern the Property; and/or (ii) any provision of this Agreement.
IN WITNESS THEREOF, the Parties enter into this Agreement this day of _202_
CITY OF MERCED, a California Charter
Municipal Corporation
By
Stephanie R. Dietz
City Manager
MERCED HOLDINGS, LP, a Nevada Limited Partnership
By: Yogi GP, LLC, a Nevada Limited Liability Company
As General Partner
Englanoff, as Trustee of Yogi Management
Trust, as Manager
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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 Les Angeles
on November |L 2022 before me, Nicole Daniell Herzberg
a Notary Public, Personally appeared JosePh S. Englanoft 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.
Nicole Danielle Herzberg:
WITNESS my hand and official seal. COMM # 2349394
om Exp feb. 28, 202E
Signature
Notary Public (seal)
EXHIBIT A
THE PREVIOUSLY DEEDED PORTION OF THE PROPERTY
All that real property described in Grant Deed to Merced County, recorded on May 29, 1987, in Volume 2611, Official Records, Page 583, Merced County Records, situated in a portion of Section 16, Township 7 South, Range 14 East, M.D.B.& M., City of Merced, County of Merced, State of California, said real property being more particularly described as follows:
A 20 foot wide strip of land being the west 20 feet of the south 200 feet of the north 364 feet of Lot 150, "Map of Bradley's Addition No. 3", Volume 4, Official Plats, Page 43, Merced County {S0235631)Page 6 of 7
EXHIBIT B
ABUTTER'S RIGHTS OF ACCESS
All that real property described in Grant Deed to Merced County, recorded on May 29, 1987, in Vection 261, onti Second ange 1 as, Merced CoMe york, red ed in prince,, State of California, relinquish and release all abutter's right of access to the following:
The east line of the south 185 feet of the west 20 feet of the south 200 feet of the north 364 feet of Lot 150, "Map of Bradley's Addition No. 3", Volume 4, Official Plats, Page 43, Merced County Records.
And the north 149 feet of the west line of Lot 150, "Map of Bradley's Addition No. 3" ", Volume 4, Official Plats, Page 43, Merced County Records
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