Item 08 - Tract Map No. 14429 - Grant of Easements for Landscape Maintenance Purposes

Agenda Item No. 8

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer FOR: City Council Meeting of July 22, 2024
SUBJECT: Tract Map No. 14429 - Grant of Easements for Landscape Maintenance Purposes RECOMMENDATION:

That the City Council:
1) Accept a Grant of Easement for landscape maintenance purposes on Lot 1 of Tract Map No. 14429, from McDougal Bros. CAL Inc.; and
2) Accept a Grant of Easement for landscape maintenance purposes on Lot 57 of Tract Map No. 14429, from Aaron and Joanna Oxendine; and
3) Authorize the City Manager, or his designee, to execute the necessary documents to complete the easement acceptance process.

BACKGROUND:

As a condition of approval for Tract Map No. 14429, the applicant is required to install landscaping and irrigation in common areas within and adjacent to this subdivision. The majority of the common areas were identified as public right-of-way in the approved and recorded final map for the subdivision. During the design and approval phase of the landscape and irrigation plans for the subdivision, staff identified other areas within private properties that should also be landscaped due to their visibility from the public right-of-way and for the aesthetic benefit of the neighborhood. These additional landscaped areas are included in the City's Landscape Lighting and Maintenance District (LLMD) Zone EE and will be maintained by the City. The maintenance of the common areas will be funded by revenue collected by the City as part of the annual LLMD assessment to the homeowners in this subdivision.

The proposed landscaped maintenance easements provide the City and the City's contractors to provide landscape maintenance services in these areas. City Council action is required for the City to accept grant of easements.

FISCAL IMPACT:

There is no fiscal impact as a result of this Council action.

Attachments: 1. Location Map Tract Map 14429

2. Grant of Easements
Approved by: �` `�

ATTACHMENT 1

Location Map
Tract Map 14429
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ATTACHMENT 2

Recording Requested by and
when recorded return to:

Yucaipa Primary, LLC
c/o Lafferty Communities
2000 Crow Canyon Place, Suite #350
San Ramon, CA 94583

PLEASE HAVE THIS DOCUMENT INDEXED

UNDER GRANT OF EASEMENT
(Space Above Line For Recorder's Use)

GRANT OF EASEMENTS
(PLACEMENT, MAINTENANCE, IRRIGATION, DRAINAGE,

AND REPLACEMENT OF LANDSCAPING AND

RELATED INGRESS, EGRESS, ACCESS)

THIS GRANT OF EASEMENTS (PLACEMENT, MAINTENANCE,

IRRIGATION, DRAINAGE, AND REPLACEMENT OF LANDSCAPING AND RELATED INGRESS EG� ESS ACCESS) ("Agreement") is entered into this --k day of i arC,j7 , 2022, by and between
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("Grantor" , and CITY OF YUCAIPA 1, LIGHTING & LANDSCAPING DISTRICT NO. 1, ZONE EE ("Grantee"). (Grantor and Grantee and their respective successors in interest are sometimes referred to individually herein as a "Party" or collectively as the "Parties") .

RECITAL S:

A. Grantor owns that certain real property located in
the City of Yucaipa, County of San Bernardino, State of California, more particularly described as Lot / of Tract No. 14429, filed in Book 309 of Tract Maps at Pages 65 through 67, inclusive, in the Office of the County Recorder of said San Bernardino County ("Lot f ").

B. Grantee desires, and Grantor is willing to grant to
Grantee a nonexclusive easement to the Grantee over a portion of Lot for the placement, maintenance, irrigation, drainage, and replacement (as necessary) of landscaping and irrigation, as well as ingress, egress, and access related thereto, on the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in furtherance of the premises, the
mutual covenants and conditions set forth herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Grantor and Grantee hereby agree as follows:

1. Grant of Easement. Grantor, as the current owner of
Lot , does hereby expressly declare, create, establish, and grant to Grantee a nonexclusive easement over that portion of Lot _ described and depicted on Exhibits "A" and "B" attached hereto and incorporated by this reference ("Easement Area") for purposes of the placement, maintenance, irrigation, drainage, and replacement (as necessary) of landscaping and irrigation, as well as ingress, egress, and access related thereto, subject to the terms and conditions set forth in this Agreement (the easements granted herein may sometimes be referred to collectively hereinafter as the "Easement").

2. Commencement. The Easement declared, created,
established, reserved, and granted herein, and all the terms and provisions set forth herein, shall become effective immediately upon the recordation of this Agreement in the office of the San Bernardino County Recorder ("Effective Date").

3. Description of Easement. The Easement is a
nonexclusive permanent and perpetual easement over the Easement Area for purposes of the placement, maintenance, irrigation, drainage, and replacement (as necessary) of landscaping and irrigation, as well as ingress, egress, and access related thereto, on the terms and conditions specified in this Agreement.

4. Permissible Use of Easement Area. Grantee shall use
the Easement Area solely for the purposes of the placement, mainte- nance, irrigation, drainage, and replacement (as necessary) of the landscaping and irrigation, as well as ingress, egress, and access related thereto, in accordance with this Agreement and all applica- ble laws, ordinances, and regulations.

5. Prohibited Uses of Easement Area. Grantee shall
comply fully at all times with all applicable laws, ordinances, rules, regulations, and permit requirements pertaining to the Easement Area, including, without limitation, any and all laws and ordinances pertaining to water conservation, the type and mainte- nance of landscaping that may be installed in the Easement Area, and the use of pesticides, herbicides, and fertilizers. The owner of Lot shall not, in any way, obstruct or otherwise interfere with Grantee's use of the Easement Area in accordance with this Agreement.

6. Maintenance of Easement. Grantee shall be responsi-
ble, at Grantee's sole cost and expense, for the maintenance of the Easement Area, including, without limitation, the landscaping, irrigation, and any drainage improvements in the Easement Area in accordance with the requirements of the City. Notwithstanding the foregoing, in the event damage or the need for maintenance is caused by the negligent or intentional acts or omissions or the willful misconduct of the owner of Lot / of such owner's family members, guests, or invitees, the owner of Lot / shall cause such -2-

damage to be repaired in a timely manner, at the sole cost and expense of the owner of Lot / . Grantee shall maintain the landscaping, irrigation, and drainage improvements in the Easement Area in good condition and, whenever necessary, shall replace such landscaping, irrigation, and drainage improvements with new materials, acceptable to the City. The Easement Area and all landscaping, irrigation, and drainage improvements in the Easement Area shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. All irrigation lines shall be installed and maintained underground (except drip irrigation systems).

7. Liability Insurance. Grantee shall be responsible
for maintaining comprehensive liability insurance, with limits, deductibles, and other terms consistent with City standards applicable to an easement of this nature, against claims on account of loss of life, personal injury or property damage that may arise from or be occasioned by the use of the Easement Area by Grantee.

The liability insurance policy shall expressly state that it may not be terminated or substantially modified unless thirty (30) days' prior written notice is given to the owner of Lot / .

8. Indemnity. To the maximum extent permissible under
the law, Grantee ("Indemnitor") shall indemnify and hold harmless the owner of Lot and its agents and representatives (collec- tively, "Indemnitee") from any and all claims, damages, liens, losses, costs, expenses, and other liabilities founded upon, arising out of, or otherwise relating to any negligent acts or omissions or willful misconduct of the Indemnitor related to the Easement Area. This indemnity does not extend to any claims, liens, losses, costs, expenses, damages or other liability arising from or relating to any grossly negligent or intentional acts or omissions by any Indemnitee. The indemnity provisions set forth in this Section shall survive the termination of this Agreement and shall not be limited by the scope or amount of any insurance coverage maintained by the Indemnitor.

9. Performance of Work. While performing, or causing to be performed, any work in the Easement Area, or on any improvement thereon, the Party performing or causing to be performed such work shall ensure that reasonable safety precautions are used to prevent unnecessary risk of injury to persons or property during the performance of such work and that all persons performing such work are appropriately licensed and insured. Except in the event of an emergency, all work in the Easement Area, and the improvements thereon, shall be performed during normal business hours. Under all circumstances, the person or entity performing, or causing to be performed, such work shall use best efforts to minimize the duration of the work and the inconvenience to the owners of adjacent property. In the event the owner of Lot / or Grantee need to disturb the surface of the Easement Area in order to perform any maintenance, repair, or replacement work, upon the -3-

completion of such work such owner shall restore the surface of the Easement Area to substantially the same condition that existed prior to the performance of such work (including, without limita- tion, repairing or replacing any landscaping, etc.).

10. Liens/Notices. The Party causing work to be
performed in the Easement Area shall keep Lot / free from any liens arising by reason of such work (e.q., mechanic's liens, etc.). If such a lien is recorded, the Party causing the work to be performed shall have the right to contest such lien(s) so long as such Party procures a bond in the amount specified in the California Civil Code, as the same may be amended from time to time, to release such lien(s). Except in the event of an emergency (when entry shall not require any prior notice), the Grantee shall give the owner of Lot _ at least five (5) days prior written notice of the actual date for the commencement of any work to be performed by Grantee in the Easement to allow the owner of Lot _ the opportunity to post and record a notice of nonresponsibility as deemed necessary.

11. Enforcement/Attorneys' Fees. Each of the Parties
shall have the right to enforce, by proceedings at law or in equity, all of the terms and provisions set forth herein, includ- ing, without limitations, the right to prosecute a proceeding, at law or in equity, against the person or persons who have violated, or are attempting to violate, any of said terms and/or provisions, to enjoin or prevent them from doing so, to cause said violation to be remedied and/or to recover damages for said violation. Except as expressly stated in this Agreement, there are no third party beneficiaries of this Agreement, and no third party shall have the right to enforce this Agreement. Each Party shall pay its own attorneys' or consultant's fee incurred in connection with the negotiation, preparation and execution of this Agreement. In the event any legal action is brought to enforce or interpret any part of the Agreement, the prevailing Party, as defined in Section 1032(a) (4) of the California Code of Civil Procedure, shall be entitled to recover from the other Party, in addition to any other relief that may be granted, reasonable attorneys' fees, expenses and costs incurred in the action or proceeding by the prevailing Party.

12. Waiver. The failure to enforce any of the terms or
provisions set forth in this Agreement shall not constitute a waiver of the right to enforce the same thereafter.

13. Resolution of Disputes.
a. Informal Discussions. If a dispute between the
Parties arises relating to the Agreement, or the interpretation of, enforcement of or compliance with the terms of this Agreement, the Parties shall first attempt to resolve it through informal discussions or other alternative means of resolving such dispute.

Any Party may convene such discussions by written notice, and shall reasonably accommodate the other Party with respect to scheduling. -4-

If the dispute is not resolved in this manner within thirty (30) days (unless stipulated in writing by the Parties to extend such 30-day period), the dispute shall be referred to mediation in accordance with paragraph (b) below.
b. Mediation. Any and all disputes, claims or
controversies arising out of or relating to this Agreement that are not resolved by informal discussions within the 30-day period described above, as may be extended, shall be submitted to non- binding mediation. The cost of mediation shall be shared equally by the Parties.
c. Unresolved Disputes. In the event a dispute is
not resolved pursuant to paragraphs (a) and (b) above, either Party shall have the right to pursue any available legal or equitable remedy, including damages, injunctions and restraining orders, by filing an action in the Superior Court of San Bernardino County where Lot / is located. All remedies shall be cumulative and the pursuit of any remedy available shall not constitute a waiver or election of remedies with respect to all other available remedies.

14. Notices. Any notice to be given or other document
to be delivered pursuant to this Agreement shall be delivered in person or deposited in the United States mail, as first class, registered or certified mail, return receipt requested, with postage prepaid, to the address for the Party specified below.

Either Party may, from time to time, by written notice to the other, designate a different address. Any notice or other document sent by registered or certified mail shall be deemed served and delivered forty-eight (48) hours after the mailing thereof, and any document served by first class mail shall be deemed served and delivered seventy-two (72) hours after the mailing thereof.

To Grantor:

To Grantee:

SIC'_ Q, gal &Ds; CA L Mt.
ox c6-1
Tres w e l l D q 14C,('
Attention: 1101k/in f\t- ( iz\
City of Yucaipa 1, Lighting &
Landscaping District No. 1,
Zone EE

15. Construction. The provisions of this Agreement shall be liberally construed to effectuate the Parties' express intent to convey a nonexclusive easement to Grantee Property over a portion of Lot j for the placement, maintenance, irrigation, drainage, and replacement (as necessary) of landscaping and irrigation in the Easement Area (as described and/or depicted on Exhibits "A" and "B" hereto) in accordance with the requirements of the City, on the terms and conditions set forth in this Agreement. The section -5-

headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. Whenever the context hereof may so require, the singular shall include the plural, and the masculine shall include the feminine and neuter.

16. Time. Time is of the essence with respect to the
matters set forth herein.

17. Mortgagee Protection. A violation of the covenants
set forth herein shall not affect or impair the lien or charge of any bona fide mortgage or deed of trust made in good faith and for value on all or any portion of Lot 1 ; provided, however, that each and all subsequent owners of all or any portion of Lot shall be bound by the covenants set forth herein, without regard to whether such owner's title was acquired by foreclosure, a trustee's sale or otherwise.

18. Severability. If any clause, sentence or other
portion of this Agreement shall be held by any court of competent jurisdiction to be unenforceable for any reason, the remaining portions thereof shall remain in full force and effect.

19. Covenants running with the Land; Inurement. This
Agreement, and each of the covenants, conditions, restrictions, reservations, easements, liens, and charges, shall run with the land (as defined by and construed in accordance with Civil Code section 1460 and related sections) in perpetuity, and shall inure to the benefit of, and be binding upon, the Parties, and their respective successors, assigns, grantees, and any and all persons and entities having or acquiring any fee title or interest in Lot

20. Amendment. This Agreement may be amended only by a
writing signed by the owners'of Lot / and the Grantee.

21. Exhibits. All exhibits referred to herein and
attached hereto are incorporated herein by this reference as if fully set forth herein.

22. Relationship of the Parties. Nothing contained in
this Agreement shall be deemed or construed by the Parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture, nor is either Party granted any right or authority to assume or create any obligation or responsibility on behalf of the other Party, nor shall either party be in any way liable for any debts of the other.

24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which shall constitute one and the same instrument.

25. Authorized Signatures. Each person executing this
Agreement on behalf of a Party represents and warrants to the other Party that such person is authorized to do so, and the execution of this Agreement by each person on behalf of a Party shall legally bind such Party to the terms of this Agreement.
(signatures to follow)
-7-

IN WITNESS WHEREOF, each of the Parties has made and
executed this Agreement as of the day and year first above written. "GRANTOR"
M C t u �� I Zros..

CiL,
By:

Name:

Its:
/7k
tVlP vi i
vr'eSf\r N V\ t-
"GRANTEE"
CITY OF YUCAIPA 1 LIGHTING & LANDSCAPING DISTRICT
NO. 1, ZONE EE
By:

Name:

Its:

By:

Name:

Its:
-8-

A notary public or other officer completing this
certificate verifies only the identity of the individu- al who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.

STATE OF CALIFORNIA OREGQN
ss.

COUNTY OF Lana
23 On Mardi 7 , 2022, before me, D r"2-'' Awls
Notary Public, personally appeared 44‘zYbv I Dial coon Z 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 (ies ) upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of Ga..4-f-orn4a that the foregoing paragraph is true and correct. 6�et4v/1/
WITNESS my hand and official seal.
// j/
Signature of Notary Public
-9-

OFFICIAL STAMP

DENNIS JAMES MARXEN
NOTARY PUBLIC • OREGON
COMMISSION NO. 995786
MY COMMISSION EXPIRES JANUARY 12, 2024
[SEAL]

STATE OF CALIFORNIA
ss.

COUNTY OF SAN BERNARDINO
On , 2022, before me, ,
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(ies) 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 Notary Public
-10-
[SEAL]

EXHIBIT "A"

LEGAL DESCRIPTION OF LANDSCAPE EASEMENT
(see the attached)
.-29555.FCM 032622

LANDSCAPE EASEMENT
EXHIBIT "A"

LEGAL DESCRIPTION
BEING A PORTION OF LOT 1 OF TRACT NO. 14429 IN THE CITY OF YUCAIPA COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN BOOK 309 OF TRACT MAPS AT PAGES 65 THROUGH 67 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE NORTH 72°42' 14" EAST ALONG THE NORTHERLY RIGHT OF WAY LINE OF KODOTA AVENUE AS SHOWN ON SAID TRACT NO. 14429, A DISTANCE OF 2.90 FEET; THENCE NORTH 12°17'37" WEST A DISTANCE OF 114.01 FEET;
THENCE SOUTH 72°42' 14" WEST A DISTANCE OF 27.84 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF ADRIATIC WAY AS SHOWN ON SAID TRACT NO. 14429; THE FOLLOWING TWO COURSES ARE ALONG SAID EASTERLY RIGHT OF WAY LINE:

THENCE SOUTH 17°17'46" EAST A DISTANCE OF 98.58 FEET;
THENCE SOUTH 62°17'46" EAST A DISTANCE OF 21.21 FEET TO THE POINT OF BEGINNING.

CONTAINING 2,486 SQUARE FEET MORE OR LESS
ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME
OR UNDER MY DIRECTION.

RICHARD S. F RLONG P.L.S. 8422 DAT

Page 1 of 1 ends

V
-29555.FCM 032622
EXHIBIT "B"

PLAT - LANDSCAPE EASEMENT
(see the attached)

\
\
LOT 57
LEGEND;

LANDSCAPE EASEMENT
EXHIBIT "B"
O Ccl
cn
—� S72'42'14'W

27.84'
3d
S62'17'46"E

21.21'
— INDICATES LANDSCAPE

EASEMENT AREA
\e� NNiNG
RICHARD S. "FURLONG, P.L.S. 84 DATE
SCALE: 1" = 40'
LOT 1
TRACT NO. 14429
M.B. 309/65-67
NpRWPRL\"
N 72'42' 14" E

2.90'
CASC
Engineering and Consulting
1470 EAST COOLEY DRIVE, COLTON, CA 92324
PH. (909) 783-0101

Recording Requested by and
when recorded return to:

Yucaipa Primary, LLC
c/o Lafferty Communities
2000 Crow Canyon Place, Suite #350
San Ramon, CA 94583

PLEASE HAVE THIS DOCUMENT INDEXED

UNDER GRANT OF EASEMENT
(Space Above Line For Recorder's Use)

GRANT OF EASEMENTS
(PLACEMENT, MAINTENANCE, IRRIGATION, DRAINAGE,

AND REPLACEMENT OF LANDSCAPING AND

RELATED INGRESS, EGRESS, ACCESS)

THIS GRANT OF EASEMENTS (PLACEMENT, MAINTENANCE,

IRRIGATION, DRAINAGE, AND REPLACEMENT OF LANDSCAPING AND RELATED, INGRESS, EGRESS, ACCESS) ("Agreement") is entered into this day of ,--kaixLA 2022, by and between AARON OXENDINE AND JOANNA OXENDIE, husband and wife as joint tenants (collectively "Grantor"), and CITY OF YUCAIPA 1, LIGHTING & LANDSCAPING DISTRICT NO. 1, ZONE EE ("Grantee"). (Grantor and Grantee and their respective successors in interest are sometimes referred to individually herein as a "Party" or collectively as the "Parties") .

RECITALS:

A. Grantor owns that certain real property located in
the City of Yucaipa, County of San Bernardino, State of California, more particularly described as Lot 57 of Tract No. 14429, filed in Book 309 of Tract Maps at Pages 65 through 67, inclusive, in the Office of the County Recorder of said San Bernardino County ("Lot

57.).

B. Grantee desires, and Grantor is willing to grant to
Grantee a nonexclusive easement to the Grantee over a portion of Lot 57 for the placement, maintenance, irrigation, drainage, and replacement (as necessary) of landscaping and irrigation, as well as ingress, egress, and access related thereto, on the terms and conditions set forth in this Agreement.

1. Grant of Easement. Grantor, as the current owner of
Lot 57, does hereby expressly declare, create, establish, and grant to Grantee a nonexclusive easement over that portion of Lot 57 described and depicted on Exhibits "A" and "B" attached hereto and incorporated by this reference ("Easement Area") for purposes of the placement, maintenance, irrigation, drainage, and replacement (as necessary) of landscaping and irrigation, as well as ingress, egress, and access related thereto, subject to the terms and conditions set forth in this Agreement (the easements granted herein may sometimes be referred to collectively hereinafter as the "Easement").

5. Prohibited Uses of Easement Area. Grantee shall
comply fully at all times with all applicable laws, ordinances, rules, regulations, and permit requirements pertaining to the Easement Area, including, without limitation, any and all laws and ordinances pertaining to water conservation, the type and mainte- nance of landscaping that may be installed in the Easement Area, and the use of pesticides, herbicides, and fertilizers. The owner of Lot 57 shall not, in any way, obstruct or otherwise interfere with Grantee's use of the Easement Area in accordance with this Agreement.

6. Maintenance of Easement. Grantee shall be responsi-
ble, at Grantee's sole cost and expense, for the maintenance of the Easement Area, including, without limitation, the landscaping, irrigation, and any drainage improvements in the Easement Area in accordance with the requirements of the City. Notwithstanding the foregoing, in the event damage or the need for maintenance is caused by the negligent or intentional acts or omissions or the willful misconduct of the owner of Lot 57 of such owner's family members, guests, or invitees, the owner of Lot 57 shall cause such -2-

damage to be repaired in a timely manner, at the sole cost and expense of the owner of Lot 57. Grantee shall maintain the landscaping, irrigation, and drainage improvements in the Easement Area in good condition and, whenever necessary, shall replace such landscaping, irrigation, and drainage improvements with new materials, acceptable to the City. The Easement Area and all landscaping, irrigation, and drainage improvements in the Easement Area shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. All irrigation lines shall be installed and maintained underground (except drip irrigation systems).

The liability insurance policy shall expressly state that it may not be terminated or substantially modified unless thirty (30) days' prior written notice is given to the owner of Lot 57.

8. Indemnity. To the maximum extent permissible under
the law, Grantee ("Indemnitor") shall indemnify and hold harmless the owner of Lot 57 and its agents and representatives (collec- tively, "Indemnitee") from any and all claims, damages, liens, losses, costs, expenses, and other liabilities founded upon, arising out of, or otherwise relating to any negligent acts or omissions or willful misconduct of the Indemnitor related to the Easement Area. This indemnity does not extend to any claims, liens, losses, costs, expenses, damages or other liability arising from or relating to any grossly negligent or intentional acts or omissions by any Indemnitee. The indemnity provisions set forth in this Section shall survive the termination of this Agreement and shall not be limited by the scope or amount of any insurance coverage maintained by the Indemnitor.

9. Performance of Work. While performing, or causing to be performed, any work in the Easement Area, or on any improvement thereon, the Party performing or causing to be performed such work shall ensure that reasonable safety precautions are used to prevent unnecessary risk of injury to persons or property during the performance of such work and that all persons performing such work are appropriately licensed and insured. Except in the event of an emergency, all work in the Easement Area, and the improvements thereon, shall be performed during normal business hours. Under all circumstances, the person or entity performing, or causing to be performed, such work shall use best efforts to minimize the duration of the work and the inconvenience to the owners of adjacent property. In the event the owner of Lot 57 or Grantee need to disturb the surface of the Easement Area in order to perform any maintenance, repair, or replacement work, upon the -3-

10. Liens/Notices. The Party causing work to be
performed in the Easement Area shall keep Lot 57 free from any liens arising by reason of such work (e.q., mechanic's liens, etc.). If such a lien is recorded, the Party causing the work to be performed shall have the right to contest such lien(s) so long as such Party procures a bond in the amount specified in the California Civil Code, as the same may be amended from time to time, to release such lien(s). Except in the event of an emergency (when entry shall not require any prior notice), the Grantee shall give the owner of Lot 57 at least five (5) days prior written notice of the actual date for the commencement of any work to be performed by Grantee in the Easement to allow the owner of Lot 57 the opportunity to post and record a notice of nonresponsibility as deemed necessary.

12. Waiver. The failure to enforce any of the terms or
provisions set forth in this Agreement shall not constitute a waiver of the right to enforce the same thereafter.

Any Party may convene such discussions by written notice, and shall reasonably accommodate the other Party with respect to scheduling. -4-

If the dispute is not resolved in this manner within thirty (30) days (unless stipulated in writing by the Parties to extend such 30-day period), the dispute shall be referred to mediation in accordance with paragraph (b) below.
b. Mediation. Any and all disputes, claims or
controversies arising out of or relating to this Agreement that are not resolved by informal discussions within the 30-day period described above, as may be extended, shall be submitted to non- binding mediation. The cost of mediation shall be shared equally by the Parties.
c. Unresolved Disputes. In the event a dispute is
not resolved pursuant to paragraphs (a) and (b) above, either Party shall have the right to pursue any available legal or equitable remedy, including damages, injunctions and restraining orders, by filing an action in the Superior Court of San Bernardino County where Lot 57 is located. All remedies shall be cumulative and the pursuit of any remedy available shall not constitute a waiver or election of remedies with respect to all other available remedies.

To Grantor:

To Grantee:

Aaron and Joanna Oxendine
34452 Kadota Street
Yucaipa, CA 92399
City of Yucaipa 1, Lighting &
Landscaping District No. 1,
Zone EE

15. Construction. The provisions of this Agreement shall be liberally construed to effectuate the Parties' express intent to convey a nonexclusive easement to Grantee Property over a portion of Lot 57 for the placement, maintenance, irrigation, drainage, and replacement (as necessary) of landscaping and irrigation in the Easement Area (as described and/or depicted on Exhibits "A" and "B" hereto) in accordance with the requirements of the City, on the terms and conditions set forth in this Agreement. The section -5

16. Time. Time is of the essence with respect to the
matters set forth herein.

17. Mortgagee Protection. A violation of the covenants
set forth herein shall not affect or impair the lien or charge of any bona fide mortgage or deed of trust made in good faith and for value on all or any portion of Lot 57; provided, however, that each and all subsequent owners of all or any portion of Lot 57 shall be bound by the covenants set forth herein, without regard to whether such owner's title was acquired by foreclosure, a trustee's sale or otherwise.

57. 20. Amendment. This Agreement may be amended only by a writing signed by the owners of Lot 57 and the Grantee.

21. Exhibits. All exhibits referred to herein and
attached hereto are incorporated herein by this reference as if fully set forth herein.

23. Consultation With Own Legal Counsel. Each Party
acknowledges and agrees that the Party has consulted, or has sufficient opportunity to consult, with its own legal counsel prior to entering into this Agreement.
6 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which shall constitute one and the same instrument.

AARON OXENDINE AND JOANNA OXENDINE,
husband and wife as joint tenants
By:

Name: RON oXE DINE
By:

Name: JOA OX 1 DINE
"GRANTEE"
CITY OF YUCAIPA 1 LIGHTING & LANDSCAPING DISTRICT
NO. 1, ZONE EE
By:

Name:

Its:

By:

Name:

Its:
8 A notary public or other officer completing this
certificate verifies only the identity of the individu- al 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 SAN BERNARDINO
On LI�� j , 2022, bef re me
Notary Public, •e sonally appeared„j a p (,e i.Aro,j e ope_, who proved to me on the basis of satisfactoryq
evidence to b the
14- ta s) whose Oame ' lAdakiv subscribed to the within instrument an. acknowledged to me that he/she executed the sam-
his/her! authorized ..•acity(i- ■: that by his •- ;
�•natur- ) on the instrumen e e - on ► , or the ty (i�c ) upon behalf of which the ) 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
and and official seal.
'ature of No ary Public
ELIZASETH A. BAKER
COMM. 02395199
Notary Public - Csitornis

SAN BERNARDINO COUNTY
My Comm. Expires MAR. 27. 2026
BAKER
95199 c
Pubic - California N

BERNARDINO COUNTY
Comm. Expires MAR. 27. 2026
[SEAL]
-9-

EXHIBIT "A"

LEGAL DESCRIPTION OF LANDSCAPE EASEMENT
(see the attached)
.-29556.FCM 032922

EXHIBIT "B"

PLAT - LANDSCAPE EASEMENT
(see the attached)
.-29556.FCM 032922

LANDSCAPE EASEMENT
EXHIBIT "A"

LEGAL DESCRIPTION
BEING A PORTION OF LOT 57 OF TRACT NO. 14429 IN THE CITY OF YUCAIPA COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN BOOK 309 OF TRACT MAPS AT PAGES 65 THROUGH 67 INCLUSIVE, [N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 57; THENCE NORTH 17°17'46" WEST ALONG THE WESTERLY RIGHT OF WAY LINE OF ADRIATIC WAY AS SHOWN ON SAID TRACT NO. 14429, A DISTANCE OF 98.58 FEET; THENCE SOUTH 72°42'14" WEST A DISTANCE OF 15.65 FEET;
THENCE SOUTH 22°34'55" EAST A DISTANCE OF 105.00 FEET TO A POINT ON SAID RIGHT OF WAY LINE;
THENCE NORTH 27°42' I4" EAST ALONG SAID RIGI-IT OF WAT LINE A DISTANCE OF 8.45 FEET TO THE POINT OF BEGINNING.

CONTAINING 1,1 12 SQUARE FEET MORE OR LESS
ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME
OR UNDER MY DIRECTION.
4Z7- 2Z
HARD S. URLONG P.L.S. 8422 •ATE

Page 1 of 1 ends

LANDSCAPE EASEMENT
EXHIBIT "B"
\
LEGEND;
S72'42'14" W

15.65'
LOT 57
TRACT NO. 14429
M.B. 309/65-67
— INDICATES LANDSCAPE

EASEMENT AREA
RCN
.4-01-ZZ
RICHARD S. FURLONG, P.L.S. 842DATE
\
N27'42'14"E

8.45'
SCALE: 1" = 40'
LOT 1
CASC
Engineering and Consulting
eASi (K�'�^i D3!f COLiCti. CA 9732.A
�H. (503) 793-013,

Yucaipa City CouncilJuly 22, 2024

Yucaipa City Council
July 22, 2024