Agenda Item No. 8
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services' Benjamin Matlock, Planning Manager/City Planned'%`- —
FOR: City Council Meeting of November 14, 2022
SUBJECT: Land Lease Extension with American Tower for a Wireless Communication's Facility at Fire Station No. 3
RECOMMENDATION:
That the City Council approve and authorize the City Manager to execute an Extension to the Land Lease Agreement between the City of Yucaipa and American Tower (site formerly owned by Royal Street Communications) for the continued operation of a wireless communications facility at Fire Station No. 3.
BACKGROUND:
At the regular meeting of December 14, 2009, the City Council approved a Land Lease Agreement between the City of Yucaipa and Royal Street Communications for the construction and operation of a 70-ft high "stealth" Wireless Communications Facility, also known as a cell tower, at the City's Fire Station No. 3. The initial lease term was for five years and could be automatically extended for up to three successive five-year periods unless tenant provides written notice of its intention not to extend lease. The terms of the agreement included the City receiving $1,750 per month at the initial development of the site, which is increased annually by an amount equal to four percent. Following the development of the site, American Tower acquired the site in 2010 and has continued to operate the tower and manages the equipment on behalf of a cellular carrier.
DISCUSSION:
Most Wireless Communications Facilities operate through a tower owner, such as American Tower, that will secure a land use to construct and operate cellular equipment on a property, and where these tower owners will manage a separate lease with a cellular carrier, such as T-Mobile, to be located on their tower equipment. To best secure these leases with various carriers and meet the needs of those companies' efforts to provide cellular coverage to the community, the tower owner tries to provide relative certainty in the future that the tower can be in operation. Based on the existing timeline of the current lease terminating in less than 10 years, the tower owner has reached out to the City to further extend the contract with up to six (6) additional five (5) year renewal terms. All other key provisions of the Land Agreement, such as the base rent and escalation, would remain the same.
FISCAL IMPACT:
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City Council Meeting of November 14, 2022
Land Lease Extension with American Tower Site at Fire Station 3
The term of the agreement maintains the current monthly rate and the escalation of that rent by four percent annually.
Attachments: First Amendment to Cell Tower Lease Agreement Approved by:
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THE FIRST AMENDMENT TO CELL TOWER LEASE AGREEMENT
This First Amendment to Cell Tower Lease Agreement (this "Amendment") is made effective as of the latter signature date hereof (the "Effective Date') by and between City of Yucaipa, a California municipal corporation ("Landlord") and American Towers LLC, a Delaware limited liability company ("Tenant") (Landlord and Tenant being collectively referred to herein as the "Parties").
RECITALS
WHEREAS, Landlord and Tenant (or its predecessor -in -interest) entered into that certain Cell Tower Lease Agreement dated December 17, 2009 (the "Lease"), pursuant to which the Tenant leases a portion of the real property owned by Landlord (the "Parent Parcel") and is the beneficiary of certain easements for access and public utilities, all as more particularly described in the Lease and Exhibit A to this Amendment (such leasehold and easement rights and interests, collectively, the "Leased Premises"); and WHEREAS, Landlord and Tenant desire to amend the terms of the Lease to extend the term thereof as expressly provided herein.
NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants set forth herein and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. Parent Parcel; Leased Premises. The parties and acknowledge and agree that the Parent Parcel and Leased Premises are accurately described in Exhibit A to this Amendment; attached hereto and made a part of by this reference.
2. Lease Term Extended. Notwithstanding anything to the contrary contained in the Lease, the Parties agree that the Lease, without giving effect to this Amendment and assuming the exercise by Tenant of all remaining renewal terms in the Lease, has a final expiration date of June 14, 2030 (the "Current Expiration Date'). Tenant shall have the option to extend the Lease for each of six (6) additional five (5) year renewal terms (each a "New Renewal Term" and, collectively, the "New Renewal Terms'). The first New Renewal Term shall commence on the day immediately following the Current Expiration Date, and all existing renewal terms and New Renewal Terms shall automatically renew unless Tenant notifies Landlord that Tenant elects not to renew the Lease not less than ninety (90) days prior to the expiration of the then current term. Subject to the terms, provisions, and conditions of the Lease, and assuming the exercise by Tenant of all New Renewal Terms options contained in the Lease, the final expiration date of the Lease would be June 14, 2060.
3. Rent and Escalation. The Parties hereby acknowledge and agree that the rent payable from Tenant to Landlord under the Lease is currently Two Thousand Six Hundred Ninety -Four and 05/100 Dollars ($2,694.05) per month (the "Rent"). Commencing on June 15, 2023, and on each successive annual anniversary thereof, Rent due under the Lease, as modified by this Amendment, shall increase by an amount equal to four percent (4%) of the then current Rent. In the event of any overpayment of Rent prior to or after the Effective Date, Tenant shall have the right to deduct from any future Rent payments an amount equal to the overpayment amount. Notwithstanding anything to the contrary contained in the Lease, all Rent and any other payments expressly required to be paid to Landlord under the Lease shall be paid to City of Yucaipa by Tenant.
4. Notices. The Parties agree and acknowledge that Section 5.3 of the Lease entitled "Notices' is hereby amended and restated to read as follows:
"Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and: (i) served personally; (ii) sent by a nationally recognized courier service; or (iii) sent by sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address ATC Site No: 274331
Site Name: Yucaipa Fire Station CA
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in writing. Notice shall be deemed communicated upon receipt if sent served personally or by courier service or five (5) business days from the time of mailing if mailed as provided in this Section.
To Landord: CITY OF YUCAIPA
34272 Yucaipa Blvd.
Yucaipa, CA 92399
Attn: Director of General Services
To Tenant: AMERICAN TOWERS, LLC
10 Presidential Way
Woburn, MA 018801
Attn: Land Management
With a copy to: AMERICAN TOWERS, LLC
116 Huntington Ave.
Boston, MA 02166
Attn: Legal Department
Vacating the Leased Premises. The Parties acknowledge and agree that for purposes of Section 2.29 of the Lease, in the event that Tenant has diligently commenced removal of its Communication Facilities within the thirty (30) days following expiration or termination of the Lease but is unable to timely complete removal due to Landlord's actions or use of the Leased Premises, Tenant shall have such additional time as is necessary, provided Tenant obtains Landlord's prior written consent for such additional time, which consent shall not be unreasonably withheld. In the event Tenant fails to remove its Communication Facilities within the time allowed by a Landlord -approved extension, Landlord shall be entitled to all remedies specified in Section
2.29 as though Tenant had failed to comply within the original thirty (30) day period, including but not limited to liquidated damages.
Conflict/Capitalized Terms. The Parties hereby acknowledge and agree that in the event of a conflict between the terms and provisions of this Amendment and those contained in the Lease, the terms and provisions of this Amendment shall control. Except as otherwise defined or expressly provided in this Amendment, all capitalized terms used in this Amendment shall have the meanings or definitions ascribed to them in the Lease. To the extent of any inconsistency in or conflict between the meaning, definition, or usage of any capitalized terms in this Amendment and the meaning, definition, or usage of any such capitalized terms or similar or analogous terms in the Lease, the meaning, definition, or usage of any such capitalized terms in this Amendment shall control.
Counterparts. This Amendment may be executed in multiple counterparts, each of which when so executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument.
ATC Site No: 274331
Site Name: Yucaipa Fire Station CA
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IN WITNESS WHEREOF, the parties have caused this amendment to be effective as of the last date written below:
CITY OF YUCAIPA
AMERICAN TOWERS, LLC
a California Municipal Corporation a Delaware limited liability company By: By:
Mayor
Date:
Attest:
By:
City Clerk
Approved as to Form:
By:
City Attorney
NAME
TITLE
Date:
ATC Site No: 274331
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Site Name: Yucaipa Fire Station CA
EXHIBIT A
PARENT PARCEL
The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to Landlord of which the Leased Premises is a part thereof with such Parent Parcel being described below:
PARCELS 1 AND 2 OF PARCEL MAP No, 1-689, IN THE CITY OF YVl '.41—PACCONTY Of SAN BERNt- OIN4, STATE OF CALIFOIRNIA, .A5 PER PLAT RECORDED IN BCC 31 Ck;- PARCEL MAPS, FACE
51. REODIRDS OF SAJD C01 NTY.
APN #l: 0318-201-55 AdsD 56
LEASED PREMISES
A TRACT OF LAND OUT OF PARCEL 2 OF PARCEL MAP NO.16N, IN THE CITY OF YUCAIPA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 31 OF PARCEL MAPS, PAGE 51, RECORDS OF SAID COUNTY, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL 2; THENCE S 89'2818" W, A DISTANCE OF 41,00' TO A CALCULATED POINT; THENCE S 05'29'27, E, A DISTANCE OF 101,56' TO A CALCULATED POINT; THENCE S 17622'10" E, A DISTANCE OF 95,0410 A CALCULATED POINT; THENCE S 0019'24" E, A DISTANCE OF 19,0010 A CALCULATED POINT; THENCE S 89'1944' W, A DISTANCE OF 6,0T TO THE POINT OF BEGINNING; THENCE S DD'49'30' E, A DISTANCE OF 10,00' TO A CALCULATED POINT; THENCE S 89`10'32' W, A 01$TANCE OF 16,00' TO A CALCULATED POINT; THENCE N 0014970' W, A DISTANCE OF 20,00" TO A CALCULATED POINT; THENCE N 89°10'32" E, A DISTANCE OF 18,00' TO A CALCULATED POINT; THENCE S 00'49'100 E, A DISTANCE OF 10,00' TO THE POINT OF BEGINNING, CONTAINING 360 SOFT, OR 0,008 ACRES OF LAND MORE OR LESS, COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL 2; THENCE S 89118" W, A DISTANCE OF 41,00' TO A CALCULATED POINT, THENCE S 05120 E, A DISTANCE OF 1072 TO A CALCULATED POINT; THENCE S 17'2r10" E, A DISTANCE OF 95Y TO A CALCULATED POINT; THENCE S 0924" E, A DISTANCE OF 19,00' TO A CALCULATED POINT; THENCE $ 89'10'44' W, A DISTANCE OF 0,00' TO A CALCULATED POINT; THENCE $ 00'030" E, A QISTANCE OF 10,01Y TO A CALCULATED POINT; THENCE $ 89'1132' W, A DISTANCE OF 18,00' TO A CALCULATED POINT; THENCE N 0920" W, A DISTANCE OF 8,0010 THE POINT OF BEGINNING;; THENCE N V49'20" W, A DISTANCE OF 72 TO A CALCULATED POINT; THENCE S 89'10"31" W, A DISTANCE OF 12A0' TO A CALCULATED POINT; THENCE S 00'020" E, A DISTANCE OF 7,33' TO A CALCULATED POINT; THENCE N 89'10'31' E, A DISTANCE OF 12,09 TO THE POINT OF BEGINNING, CONTAINING 88 SO,FT, OR 0,002 ACRES OF LAND MORE OR LESS, ATC Site No: 274331
Site Name: Yucaipa Fire Station CA
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EXHIBIT A (continued))
ACCESS AND UTILITIES
The access and utility easements include all easements of record as well that portion of the Parent Parcel currently utilized by Tenant (and Tenant's customers) for ingress, egress and utility purposes from the Leased Premises to and from a public right of way but not limited to Access:
A'12' ACCESS EASEMENT OUT OF PARCEL i AND PARCEL 2 OF PARCEL MAP NO, 1669, IN THE CITY OF YUCAIPA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. AS PER PLAT RECORDED IN BOOK 31 OF PARCEL MAPS, PAGE 51, RECORDS OF SAID COUNTY, THE CENTERLINE OF SAID ACCESS EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL 2: THENCE S 89"2B'38" W, A DISTANCE OF 41,00' TO THE POINT OF BEGINNING; THENCE S 05'29'25" E, A DISTANCE OF 107.56' TO A CALCULATED POINT: THENCE S 17`22'10" E, A DISTANCE OF 95.04' TO A CALCULATED POINT: THENCE S 00'49'24" E, A DISTANCE OF 19.00' TO A CALCULATED POINT: THENCE S 8910'44• W, A DISTANCE OF 6,00' TO THE POINT OF TERMINATION. CONTAINING 2.731 SQ.FT, OR 0,063 ACRES OF LAND MORE OR LESS, COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL 2: THENCE S 89`28'38" W, A DISTANCE OF 41.00' TO THE POINT OF BEGINNING THENCE S W29'25" E. A DISTANCE OF 1D7,56' TO A CALCULATED POINT: THENCE S 17"22'10" E, A DISTANCE OF 95,04' TO A CALCULATED POINT, THENCE S 00"49'24" E, A DISTANCE OF 3.00' TO THE POINT OF BEGINNING: THENCE S 89'10'32" W. A DISTANCE OF 32.03' TO THE POINT OF TERMINATION. CONTAINING 383 SOFT. OR 0.009 ACRES OF LAND MORE OR LESS.
Utilities:
A 5 UTILITY EASEMENT OUT OF PARCEL 1 AND PARCEI. 2 OF PARCEI. MAP NO. 1689. IN THE CITY OF YUCAIPA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 31 OF PARCEL PAAPS, PAGE 51, RECORDS OF SAID COUNTY, TFIE CENTERLINE OF SAID UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL 2: THENCE S 89"28'38" W. A DISTANCE OF 72,47' TO THE POINT OF BEGINNING,, THENCE S 01'46'10" E. A DISTANCE OF 74.16' TO A CALCULATED POINT: THENCE S 09101'51" E, A DISTANCE OF 143,29' TO A CALCULATED POINT: THENCE N 61 `23'06' E, A DISTANCE OF 9,70' TO THE POINT OF TERMINATION, CONTAINING 1.136 SQ,FT, OR 0,026 ACRES OF LAND MORE OR LESS, ATC Site No: 274331
Site Name: Yucaipa Fire Station CA
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Prepared by and Return to:
American Tower
10 Presidential Way
Woburn, MA 01801
Attn: Land Management/Jasmin Ramos-Madonia, Esq.
ATC Site No: 274331
ATC Site Name: Yucaipa Fire Station CA
Assessor's Parcel No(s): 0318-201-55-0000 & 0318-201-56-0000
MEMORANDUM OF LEASE
Prior Recorded Lease Reference:
Instrument No: 2010-0126730
State of California
County of San Bernardino
This Memorandum of Lease (the "Memorandum") is entered into on the day of , 2022 by and between City of Yucaipa, a California municipal corporation, ("Landlord") and America Towers LLC, a Delaware limited liability company ("Tenant").
NOTICE is hereby given of the Lease (as defined and described below) for the purpose of recording and giving notice of the existence of said Lease. To the extent that notice of such Lease has previously been recorded, then this Memorandum shall constitute an amendment of any such prior recorded notice(s).
1. Parent Parcel and Lease. Landlord is the owner of certain real property being described in Exhibit A attached hereto and by this reference made a part hereof (the "Parent Parcel"). Landlord and Tenant (or its predecessor -in -interest) entered into that certain Cell Tower Lease Agreement dated December 17, 2009 (the "Lease"), pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary of certain easements for access and public utilities, all as more particularly described in the Lease (such portion of the Parent Parcel so leased along with such portion of the Parent Parcel so affected, collectively, the "Leased Premises"), which Leased Premises is also described on Exhibit A.
2. Expiration Date. Subject to the terms, provisions, and conditions of the Lease, and assuming the exercise by Tenant of all renewal options contained in the Lease, the final expiration date of the Lease would be June 14, 2060. Notwithstanding the foregoing, in no event shall Tenant be required to exercise any option to renew the term of the Lease.
3. Effect/Miscellaneous. This Memorandum is not a complete summary of the terms, provisions and conditions contained in the Lease. In the event of a conflict between this Memorandum and the Lease, the Lease shall control. Landlord hereby grants the right to Tenant to complete and execute on behalf of Landlord any government or transfer tax forms necessary for the recording of this Memorandum. This right shall terminate upon recording of this Memorandum.
ATC Site No: 274331
Site Name: Yucaipa Fire Station CA
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Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, or by First Class United States Mail, certified, return receipt requested to the addresses set forth herein: to Landlord at: Attn: City Manager, City of Yucaipa, 3472 Yucaipa Boulevard, Yucaipa, CA 92399; to Tenant at: Attn.: Land Management 10 Presidential Way, Woburn, MA 01801, with copy to: Attn.: Legal Dept., 116 Huntington Avenue, Boston, MA 02116. Any of the parties hereto, by five (5) business days prior written notice to the other in the manner provided herein, may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein, shall be deemed to be receipt of any such notice.
5. Counterparts. This Memorandum may be executed in multiple counterparts, each of which when so executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument.
[SIGNATURES COMMENCE ON FOLLOWING PAGE]
ATC Site No: 274331
Site Name: Yucaipa Fire Station CA
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IN WITNESS WHEREOF, Landlord and Tenant have each executed this Memorandum as of the day and year set forth below.
LANDLORD 2 WITNESSES
City of Yucaipa,
a California municipal corporation
Signature:
Print Name:
Title: City Manager
Date:
Signature: _
Print Name:
Signature: _
Print Name:
ALL CAPACITY 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
On
before me,
Notary Public, personally
(print name of notary)
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.
Signature of officer
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
[SEAL]
ATC Site No: 274331
Site Name: Yucaipa Fire Station CA
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TENANT WITNESS
American Towers LLC,
a Delaware limited liability company
Signature: Signature: _
Print Name: Print Name:
Title:
Date: Signature: _
Print Name:
WITNESS AND ACKNOWLEDGEMENT
Commonwealth of Massachusetts
County of Middlesex
On this day of , 202_, before me,
the undersigned 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 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
Print Name:
My commission expires:
[SEAL]
ATC Site No: 274331
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Site Name: Yucaipa Fire Station CA
EXHIBIT A
PARENT PARCEL
The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to Landlord of which the Leased Premises is a part thereof with such Parent Parcel being described below.
PARCELS 1 AND 2 CF PARCEL 11AP No. 1,689, IN Tt,` CITY Of YUCA)PA, CCUNTY OF SAN BER`IJ-ROINO, STATE OF CALIFORNIA, AS PER FLAT RECCRCED IN BOCK 31 0= PARCEL MAPS, PAGE. 51, RECCRDS OF Sk'D COUNTY.
APT\' fl: 0318-201-55 AND 56
LEASED PREMISES
The Leased Premises consists of that portion of the Parent Parcel as defined in the Lease which shall include access and utilities easements. The square footage of the Leased Premises shall be the greater of: (i) the land area conveyed to Tenant in the Lease; (ii) Tenant's (and Tenant's customers) existing improvements on the Parent Parcel; or (iii) the legal description or depiction below (if any).
A TRACT OF LAND OUT OF PARCEL 2 OF PARCEL MAP NO.1689, IN THE CITY OF YUCAIPA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 31 OF PARCEL MAPS, PAGE 51, RECORDS OF SAID COUNTY, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL 2; THENCE S 89'2838" W, A DISTANCE OF 41AO' TO A CALCULATED POINT, THENCE S OS'29'25' E, A DISTANCE OF 107,55 TO A CALCULATED POINT; THENCE S 17'2110' E, A DISTANCE OF 95,0410 A CALCULATED POINT; THENCE S 00'4974" E, A DISTANCE OF 19,00' TO A CALCULATED POINT, THENCE S 89'10'44' W, A DISTANCE OF 6A0' TO THE POINT OF BEGINNING, THENCE S 00'630' E, A DISTANCE OF 10,0010 A CALCULATED POINT; THENCE S 89'10'3? W, A DISTANCE OF 18,00' TO A CALCULATED POINT; THENCE N OO'4970' W, A DISTANCE OF 20,OIP TO A CALCULATED POINT, THENCE N 89' 1932' E, A DISTANCE OF 18,OV TO A CALCULATED POINT; THENCE S 00'49'10' E, A DISTANCE OF 1Q00' TO THE POINT OF BEGINNING. CONTAINING 360 SOFT. OR 0,008 ACRES OF LAND MORE OR LESS.
COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL 2, THENCE S 89'28'38" W, A DISTANCE OF 41,0010 A CALCULATED POINT,, THENCE S 05'2V25' E, A DISTANCE OF 101,56' TO A CALCULATED POINT; THENCE S 111710' E, A DISTANCE OF 95A4' TO A CALCULATED POINT; THENCE S 00'49'24' E, A DISTANCE OF 19,0010 A CALCULATED POINT; THENCE S 89'I7il4' W, A DISTANCE OF 6,00' TO A CALCULATED POINT; THENCE S 00'49'30' E, A DISTANCE OF 10,06' TO A CALCULATED POINT; THENCE S 69'1032' W, A DISTANCE OF 18X TO A CALCULATED POINT,, THENCE N 00'4M W, A DISTANCE OF 8.00' TO THE POINT OF BEGINNING;; THENCE N 00'620' W, A DISTANCE OF 72 TO A CALCULATED POINT; THENCE S 89'1M1' W, A DISTANCE OF 12,00' TO A CALCULATED POINT; THENCE S 00'49'20' E, A DISTANCE OF 12TO A CALCULATED POINT; THENCE N 89'10'31' E, A DISTANCE OF 12,ff TO THE POINT OF BEGINNING, CONTAINING 88 SQ,FT, OR 0,002 ACRES OF LAND MORE OR LESS, ATC Site No: 274331
Site Name: Yucaipa Fire Station CA
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ACCESS AND UTILITIES
The access and utility easements include all easements of record as well that portion of the Parent Parcel currently utilized by Tenant (and Tenant's customers) for ingress, egress and utility purposes from the Leased Premises to and from a public right of way including but not limited to:
Access:
A 12' ACCESS EASEMENT OUT OF PARCEL 1 AND PARCEL 2 OF PARCEL MAP NO. 1689. IN THE CITY OF YUCAIPA. COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA. AS PER PLAT RECORDED IN BOOK 31 OF PARCEL MAPS. PAGE 51, RECORDS OF SAID COUNTY, THE CENTERLINE OF SAID ACCESS EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL 27 THENCE S 89'2818" W, A DISTANCE OF 41,00' TO THE POINT OF BEGINNING,, THENCE S 05 29'25" E, A DISTANCE OF 107.56' TO A CALCULATED POINT: THENCE S 17'22'10' E, A DISTANCE OF 95.04' TO A CALCULATED POINT: THENCE S 00'49'24" E, A DISTANCE OF 19,00' TO A CALCULATED POINT; THENCE S 89' 10'44' W, A DISTANCE OF 6.00' TO THE POINT OF TERMINATION. CONTAINING 2.731 SO.FT. OR 0,063 ACRES OF LAND MORE OR LESS.
COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL 2: THENCE S 89'28'38' W. A DISTANCE OF 41.00' TO THE POINT OF BEGINNING: THENCE S 05'29'25' E. A DISTANCE OF 107,56' TO A CALCULATED POINT: THENCE S 17'2Y70' E. A DISTANCE OF 95.04' TO A CALCULATED POINT: THENCE S 00'49'24' E. A DISTANCE OF 3.00' TO THE POINT OF BEGINNING: THENCE S 89'10'32" W. A DISTANCE OF 32.03' TO THE POINT OF TERMINATION. CONTAINING 383 SO.FT. OR 0.009 ACRES OF LAND MORE OR LESS.
Utilities:
A UTILITY EASEMENT OUT OF PARCEL 1 AND PARCEL. 2 OF PARCEL MAP NO. 1689. IN THE CITY OF YUCAIPA. COUNTY OF SAN BERNARDINO. STATE OF CALIFORNDA, AS PER PLAT RECORDED IN BOOK 31 OF PARCEL .SAPS. PAGE 51, RECORDS OF SAID COUNTY. THE CENTERLINE OF SAID UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL 21 THENCE S 89'28'38' W, A DISTANCE OF 72.47' TO THE POINT OF BEGINNING: THENCE S 01'46'10" E. A DISTANCE OF 74.16' TO A CALCULATED POINT: THENCE S 09'01'5V E. A DISTANCE OF 143.29, TO A CALCULATED POINT: THENCE N 8V23'06' E. A DISTANCE OF 9.70' TO THE POINT OF TERMINATION. CONTAINING 1.136 SQ.FT. OR 0,026 ACRES OF LAND MORE OR LESS.
ATC Site No: 274331
Site Name: Yucaipa Fire Station CA
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