ACCEPTANCE BY ESCROW HOLDER. Fidelity National Title hereby acknowledges that it has received originally-executed counterparts or a fully-executed original of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions, and agrees to act as Escrow Holder thereunder, and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. Dated: September 29, 2021 “ESCROW HOLDER” FIDELITY NATIONAL TITLE, NATIONAL COMMERCIAL SERVICES By: /s/ Xxxxxxxxx Xxxxxx Name: Xxxxxxxxx Xxxxxx Title: SVP, Operations EXHIBIT “A” LEGAL DESCRIPTION OF THE LAND All that certain real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, more fully described as follows: TRACT A: PARCEL 1: PARCEL 3 OF PARCEL MAP NO. 7847, IN XXX XXXX XX XXXXXX XXXXXXXXX, XXXXXX XX XXX XXXXXXXXXX, XXXXX OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 82 OF PARCEL MAPS, PAGES 48 THROUGH 51, INCLUSIVE, RECORDS OF SAID COUNTY. PARCEL 2: AN EASEMENT FOR ACCESS ROAD PURPOSES AS CREATED BY SECTION 1.7 OF THAT CERTAIN JOINT USAGE AND EASEMENT AGREEMENT DATED AS OF NOVEMBER 28, 1983 AND RECORDED ON NOVEMBER 29, 1983 AS INSTRUMENT NO. 83-280362 OF OFFICIAL RECORDS. TRACT B: PARCEL 2 OF PARCEL MAP NO. 2421, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGE 00 XX XXXXXX XXXX, XXXXXXX XX XXX XXXXXXXXXX XXXXXX. TRACT C: THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND ON FILE IN THE DISTRICT LAND OFFICE, DESCRIBED AS PARCEL 4 IN DEED TO AMERICAN PIPE AND CONSTRUCTION CO., A CORPORATION, RECORDED SEPTEMBER 18, 1968, IN BOOK 7095, PAGE 764, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING WESTERLY OF A LINE, PARALLEL WITH AND DISTANT EASTERLY, 230.00 FEET, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED SURVEYED REFERENCED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SOUTHWEST 1/4, SAID POINT BEING NORTH 89° 56’ 18” WEST 1152.25 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE NORTHEAST CORNER OF SAID SOUTHWEST 1/4, SAID POINT ALSO BEING SOUTH 89° 56’ 18” EAST 1499.15 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE WEST 1/4 CORNER OF SAID SECTION 8; THENCE SOUTH 1° 12’ 19” WEST 2646.78 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID SECTION, SAID POINT BEING NORTH 89° 59’ 30” EAST 1452.58 FEET, MEASURED ALONG SAID SOUTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE SOUTHWEST CORNER OF SAID SECTION 8. EXCEPTING THEREFROM 1/2 OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER OR THAT MAY BE PRODUCED FROM A DEPTH BELOW 500 FEET BELOW THE SURFACE OF ALL OF SAID LAND, WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF ANY OF SAID LAND FOR THE PURPOSE OF MINING, DRILLING, EXPLORING OR EXTRACTING SUCH OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, OR MINERALS, OR OTHER USE OF OR RIGHTS IN OR TO ANY PORTION OF THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, BUT WITH THE RIGHT TO DRILL INTO, LOCATE XXXXX AND PRODUCE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OR MINERALS FROM ANY PORTION OF SAID LAND WHICH LIES BELOW 500 FEET FROM THE SURFACE THEREOF, TOGETHER WITH THE RIGHT TO EXPLORE FOR, DRILL AND EXTRACT OIL, GAS OR OTHER HYDROCARBON SUBSTANCES OR MINERAL FROM LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED BY MEANS OF DIRECTIONAL DRILLING OR MINING THROUGH SAID LANDS FROM A WELL SITE OR TUNNEL SITE SITUATED UPON LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED, AS RESERVED IN DEED RECORDED MAY 5, 1955, IN BOOK 3637, PAGE 135, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL URANIUM, THORIUM AND OTHER FISSIONABLE MATERIALS, ALL OIL, GAS, PETROLEUM, ASPHALTUM, AND OTHER HYDROCARBON SUBSTANCES AND OTHER MINERALS AND MINERAL ORES OF EVERY KIND AND CHARACTER, WHETHER SIMILAR TO THESE HEREIN SPECIFIED OR NOT, AS RESERVED IN DEED RECORDED DECEMBER 19, 1974, IN BOOK 8580, PAGE 21, OFFICIAL RECORDS. TRACT D: PARCEL XX. 0, XXXXXX XXX XX. 0000, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 82 OF PARCEL MAPS, PAGES 48 TO 51, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF JUNEBERRY DRIVE AS VACATED BY THAT CERTAIN RESOLUTION 89-158 BY THE CITY COUNTY OF THE CITY OF RANCHO CUCAMONGA, RECORDED APRIL 24, 1989, AS INSTRUMENT NO. 89-144726, OFFICIAL RECORDS. EXCEPT THEREFROM ONE-HALF OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS AND UNDER OR THAT MAY BE PRODUCED FROM A DEPTH OF 500 FEET BELOW THE SURFACE OF ALL OF SAID LAND, WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF ANY OF SAID LAND FOR THE PURPOSE OF MINING, DRILLING, EXPLORING OR EXTRACTING SUCH GAS, OIL, AND OTHER HYDROCARBON SUBSTANCES OR MINERALS, OR OTHER USE OF OR RIGHT IN OR TO ANY PORTION OF THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, BUT WITH THE RIGHT TO DRILL INTO, LOCATE XXXXX AND PRODUCE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OR MINERALS FROM ANY PORTION OF SAID LAND WHICH LIES BELOW 500 FEET FROM THE SURFACE THEREOF, TOGETHER WITH THE RIGHT TO EXPLORE FOR, DRILL AND EXTRACT OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OF MINERALS FROM OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED BY MEANS OF DIRECTIONAL DRILLING OR MINING THROUGH SAID LAND FROM A WELL SITE, DRILL SITE OR TUNNEL SITE SITUATED UPON LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED AS RESERVED IN THE DEED FROM XXXXXXX X. XXXX AND XXXXXX XXXX, RECORDED MAY 5, 1955 IN BOOK 3637, PAGE 135 OF OFFICIAL RECORDS. For conveyancing purposes only: APN 0229-131-19-0-000 (Affects Tract A) APN: 0229-121-33-0-000 (Affects Tract B) APN: 0229-121-34-0-000 (Affects Tract C) APN: 0229-121-35-0-000 (Affects Tract D) (End of Legal Description) EXHIBIT “B” FORM OF GRANT DEED RECORDING REQUESTED BY: __________ Title Insurance Company WHEN RECORDED MAIL TO: MAIL TAX STATEMENTS TO: (SPACE ABOVE THIS LINE FOR RECORDER’S USE) APN[s]: [0229-121-33-0-000, 0229-121-34-0-000, and 0229-131-19-0-000] [0229-121-35-0-000]. THE UNDERSIGNED GRANTOR DECLARES DOCUMENTARY TRANSFER TAX is $______________________ [X] Computed on full value of property conveyed, or [__] Computed on full value less value of liens and encumbrances remaining at time of sale. [__] Unincorporated Area; [X] City of Rancho Cucamonga. THE UNDERSIGNED GRANTOR DECLARES: The document is exempt from the $75 fee per California Government Code Section 27388.1 because the document is a transfer of real property subject to the imposition of documentary transfer tax. California Government Code Section 27388.1(a)(2). GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, _____________, a ____________ (“Grantor”), hereby GRANTS to _____________, a ____________ (“Grantee”), that certain real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (the “Land”). [Grantor reserves the water rights associated with the Land and more particularly described on Schedule “1” attached hereto.] This Grant Deed is and made and delivered, and title to the aforesaid property is conveyed, subject to those items set forth on the attached Exhibit “B”. Executed as of this ___ day of __________, 20__. Effective Date: The date this Grant Deed is recorded in the Official Records of San Bernardino County. GRANTOR: , a By: Name: Its: This Notary Acknowledgement is attached to a document entitled GRANT DEED. 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 ) ) COUNTY OF ) On __________________, 20__ before me, _________________________________, 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. Signature: ___________________________________ (Seal) EXHIBIT “A” TO GRANT DEED LEGAL DESCRIPTION All that certain real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, more fully described as follows: APN[s]: [0229-121-33-0-000, 0229-121-34-0-000, and 0229-131-19-0-000] [0229-121-35-0-000]. (End of Legal Description) EXHIBIT “B” TO GRANT DEED PERMITTED EXCEPTIONS [TO BE COMPLETED PRIOR TO CLOSING] SCHEDULE “1” TO GRANT DEED RESERVED WATER RIGHTS Grantor (as a successor-in-interest to a portion of the overlying non-agricultural water rights formerly held by Ameron), holds rights to produce groundwater in the Chino Basin as were adjudicated by the Superior Court for the County of San Bernardino in Chino Basin Municipal Water District v City of Chino, et al., Case No. RCV 51010 (formerly Case No. 164327), which resulted in a judgment signed on January 27, 1978, as subsequently amended and restated (the “Water Rights Judgment”). Grantor’s reserved water rights include the following water rights in the Chino Basin, as shown by Watermaster’s latest Assessment Package approved on November 19, 2020 for Fiscal Year (“FY”) 2020/2021 (Production Year 2019/2020):
Appears in 1 contract
ACCEPTANCE BY ESCROW HOLDER. Fidelity National Title hereby Commerce Escrow Company acknowledges that it has received originally-a fully executed or executed counterparts or a fully-executed original of the foregoing Agreement of Purchase and Sale Agreement and Joint Escrow Instructions, Instructions (the “Agreement”) and agrees to act as Escrow Holder thereunder, under the Agreement and to be bound by and strictly perform the terms thereof as such terms apply to Escrow Holder. Dated: September 29January , 2021 “2017 COMMERCE ESCROW HOLDER” FIDELITY NATIONAL TITLE, NATIONAL COMMERCIAL SERVICES COMPANY By: /s/ Xxxxxxxxx Xxxxxx Name: Xxxxxxxxx Xxxxxx TitlePosition: SVP, Operations EXHIBIT “A” A LEGAL DESCRIPTION OF LAND THE LAND All that certain real property located in the City of Rancho CucamongaREFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF LOS ANGELES, County of San BernardinoSTATE OF CALIFORNIA, State of CaliforniaAND IS DESCRIBED AS FOLLOWS: PARCELS 15 THROUGH 22, more fully described as follows: TRACT A: PARCEL 1: PARCEL 3 INCLUSIVE, OF PARCEL MAP NO. 7847, IN XXX XXXX XX XXXXXX XXXXXXXXX, XXXXXX XX XXX XXXXXXXXXX, XXXXX OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 82 OF PARCEL MAPS, PAGES 48 THROUGH 51, INCLUSIVE, RECORDS OF SAID COUNTY. PARCEL 2: AN EASEMENT FOR ACCESS ROAD PURPOSES AS CREATED BY SECTION 1.7 OF THAT CERTAIN JOINT USAGE AND EASEMENT AGREEMENT DATED AS OF NOVEMBER 28, 1983 AND RECORDED ON NOVEMBER 29, 1983 AS INSTRUMENT NO. 8319784-280362 OF OFFICIAL RECORDS. TRACT B: PARCEL 2 OF PARCEL MAP NO. 242101, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINOLOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED FILED IN BOOK 22279, PAGE 00 XX XXXXXX XXXXPAGES 34 THROUGH 44, XXXXXXX XX XXX XXXXXXXXXX XXXXXXINCLUSIVE OF PARCEL MAPS. TRACT C: THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 8EXCEPT THEREFROM ALL RIGHTS, TOWNSHIP 1 SOUTHTITLE AND INTEREST IN AND TO MINERALS, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND ON FILE IN THE DISTRICT LAND OFFICE, DESCRIBED AS PARCEL 4 IN DEED TO AMERICAN PIPE AND CONSTRUCTION CO., A CORPORATION, RECORDED SEPTEMBER 18, 1968, IN BOOK 7095, PAGE 764, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING WESTERLY OF A LINE, PARALLEL WITH AND DISTANT EASTERLY, 230.00 FEET, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED SURVEYED REFERENCED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SOUTHWEST 1/4, SAID POINT BEING NORTH 89° 56’ 18” WEST 1152.25 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE NORTHEAST CORNER OF SAID SOUTHWEST 1/4, SAID POINT ALSO BEING SOUTH 89° 56’ 18” EAST 1499.15 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE WEST 1/4 CORNER OF SAID SECTION 8; THENCE SOUTH 1° 12’ 19” WEST 2646.78 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID SECTION, SAID POINT BEING NORTH 89° 59’ 30” EAST 1452.58 FEET, MEASURED ALONG SAID SOUTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE SOUTHWEST CORNER OF SAID SECTION 8. EXCEPTING THEREFROM 1/2 OF ALL OIL, GAS GAS, TARS, HYDROCARBONS, AND OTHER HYDROCARBON METALLIFEROUS SUBSTANCES OF EVERY KIND, AND MINERALS IN TO RESERVOIRS AND UNDER OR THAT MAY BE PRODUCED FROM A DEPTH BELOW 500 FEET BELOW THE SURFACE XXXXX OF ALL OF SAID LAND, WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF ANY OF SAID LAND FOR THE PURPOSE OF MINING, DRILLING, EXPLORING OR EXTRACTING SUCH OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, OR MINERALS, OR OTHER USE OF OR RIGHTS IN OR TO ANY PORTION OF THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, BUT WITH THE RIGHT TO DRILL INTO, LOCATE XXXXX AND PRODUCE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OR MINERALS FROM ANY PORTION OF SAID LAND WHICH LIES BELOW 500 FEET FROM THE SURFACE THEREOFEVERY KIND, TOGETHER WITH THE RIGHT TO EXPLORE FORDRILL, PUMP OR MINE FOR SAME, WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, DRILL AND EXTRACT OIL, GAS OR OTHER HYDROCARBON SUBSTANCES MINE THROUGH THE SURFACE OR MINERAL FROM LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED BY MEANS UPPER FIVE HUNDRED FEET (500’) OF DIRECTIONAL DRILLING OR MINING THROUGH THE SUBSURFACE OF SAID LANDS FROM A WELL SITE OR TUNNEL SITE SITUATED UPON LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBEDPROPERTY, AS RESERVED IN BY DEED RECORDED MAY 5, 1955, IN BOOK 3637, PAGE 135, DECEMBER 24,1997 AS INSTRUMENT NO. 97-2014338 OF OFFICIAL RECORDS. ALSO EXCEPTING AND RESERVING THEREFROM ALL URANIUMRIGHTS TO WATER, THORIUM AQUIFERS, RESERVOIRS AND OTHER FISSIONABLE MATERIALSSUBSURFACE WATERS, INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO TAKE, USE AND DEVELOP FOR USE ANY AND ALL OILWATER THAT MAY NOW EXIST OR MAY HEREAFTER EXIST UPON OR UNDER SAID LAND, GASWITHOUT THE RIGHT TO ENTER UPON, PETROLEUMDRILL, ASPHALTUM, AND OTHER HYDROCARBON SUBSTANCES AND OTHER MINERALS AND MINERAL ORES EXPLORE OR OPERATE THROUGH THE SURFACE OF EVERY KIND AND CHARACTER, WHETHER SIMILAR TO THESE HEREIN SPECIFIED OR NOTTHE UPPER FIFTY FEET (50’) OF THE SUBSURFACE OF THE LANDS HEREINABOVE, AS RESERVED IN BY DEED RECORDED DECEMBER 19, 1974, IN BOOK 8580, PAGE 21, OFFICIAL RECORDS. TRACT D: PARCEL XX. 0, XXXXXX XXX XX. 0000, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 82 OF PARCEL MAPS, PAGES 48 TO 51, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF JUNEBERRY DRIVE AS VACATED BY THAT CERTAIN RESOLUTION 89-158 BY THE CITY COUNTY OF THE CITY OF RANCHO CUCAMONGA, RECORDED APRIL 24, 1989, 1997 AS INSTRUMENT NO. 89-144726, OFFICIAL RECORDS. EXCEPT THEREFROM ONE-HALF OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS AND UNDER OR THAT MAY BE PRODUCED FROM A DEPTH OF 500 FEET BELOW THE SURFACE OF ALL OF SAID LAND, WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF ANY OF SAID LAND FOR THE PURPOSE OF MINING, DRILLING, EXPLORING OR EXTRACTING SUCH GAS, OIL, AND OTHER HYDROCARBON SUBSTANCES OR MINERALS, OR OTHER USE OF OR RIGHT IN OR TO ANY PORTION OF THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, BUT WITH THE RIGHT TO DRILL INTO, LOCATE XXXXX AND PRODUCE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OR MINERALS FROM ANY PORTION OF SAID LAND WHICH LIES BELOW 500 FEET FROM THE SURFACE THEREOF, TOGETHER WITH THE RIGHT TO EXPLORE FOR, DRILL AND EXTRACT OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OF MINERALS FROM OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED BY MEANS OF DIRECTIONAL DRILLING OR MINING THROUGH SAID LAND FROM A WELL SITE, DRILL SITE OR TUNNEL SITE SITUATED UPON LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED AS RESERVED IN THE DEED FROM XXXXXXX X. XXXX AND XXXXXX XXXX, RECORDED MAY 5, 1955 IN BOOK 3637, PAGE 135 97- 2014338 OF OFFICIAL RECORDS. For conveyancing purposes onlyAPN: APN 02290000-131000-19000; 0000-0000-000; 0000-000-000; 0000-000-000; 0000-000-000 EXHIBIT B DESCRIPTION OF EQUIPMENT INCLUDED ITEMS OUTSIDE 1000 KW Generator (Affects Tract A3) APN: 0229-121-33-0-000 (Affects Tract B) APN: 0229-121-34-0-000 (Affects Tract C) APN: 0229-121-35-0-000 (Affects Tract D) (End of Legal Description) EXHIBIT “B” FORM OF GRANT DEED RECORDING REQUESTED BY: __________ Title Insurance Company WHEN RECORDED MAIL TO: MAIL TAX STATEMENTS TO: (SPACE ABOVE THIS LINE FOR RECORDER’S USE) APN[s]: [0229-121-33-0-000Boilers U.S. Filter D.I. Unit Kaesar Mod. AS20, 0229-121-34-0-000, and 0229-131-19-0-000] [0229-121-35-0-000]. THE UNDERSIGNED GRANTOR DECLARES DOCUMENTARY TRANSFER TAX is $______________________ [X] Computed on full value of property conveyed, or [__] Computed on full value less value of liens and encumbrances remaining at time of sale. [__] Unincorporated Area; [X] City of Rancho Cucamonga. THE UNDERSIGNED GRANTOR DECLARES: The document is exempt from the $75 fee per California Government Code Section 27388.1 because the document is a transfer of real property subject to the imposition of documentary transfer tax. California Government Code Section 27388.1(a)(2). GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, _____________, a ____________ (“Grantor”), hereby GRANTS to _____________, a ____________ (“Grantee”), that certain real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (the “Land”). [Grantor reserves the water rights associated with the Land and more particularly described on Schedule “1” attached hereto.] This Grant Deed is and made and delivered, and title to the aforesaid property is conveyed, subject to those items set forth on the attached Exhibit “B”. Executed as of this ___ day of __________, 20__. Effective Date: The date this Grant Deed is recorded in the Official Records of San Bernardino County. GRANTOR: , a By: Name: Its: This Notary Acknowledgement is attached to a document entitled GRANT DEED. 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 ) ) COUNTY OF ) On __________________, 20__ before me, _________________________________, 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. Signature: ___________________________________ (Seal) EXHIBIT “A” TO GRANT DEED LEGAL DESCRIPTION All that certain real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, more fully described as follows: APN[s]: [0229-121-33-0-000, 0229-121-34-0-000, and 0229-131-19-0-000] [0229-121-35-0-000]. (End of Legal Description) EXHIBIT “B” TO GRANT DEED PERMITTED EXCEPTIONS [TO BE COMPLETED PRIOR TO CLOSING] SCHEDULE “1” TO GRANT DEED RESERVED WATER RIGHTS Grantor (as a successor-in-interest to a portion of the overlying non-agricultural water rights formerly held by Ameron), holds rights to produce groundwater in the Chino Basin as were adjudicated by the Superior Court for the County of San Bernardino in Chino Basin Municipal Water District v City of Chino, et al., Case No. RCV 51010 (formerly Case No. 164327), which resulted in a judgment signed on January 27, 1978, as subsequently amended and restated (the “Water Rights Judgment”). Grantor’s reserved water rights include the following water rights in the Chino Basin, as shown by Watermaster’s latest Assessment Package approved on November 19, 2020 for Fiscal Year (“FY”) 2020/2021 (Production Year 2019/2020):Air Compressor
Appears in 1 contract
ACCEPTANCE BY ESCROW HOLDER. Fidelity National Chicago Title hereby Insurance Company acknowledges that it has received originally-a fully executed original or original executed counterparts or a fully-executed original of the foregoing Agreement of Purchase and Sale Agreement and Joint Escrow Instructions, Instructions (the "Agreement") and agrees to act as Escrow Holder thereunder, under the Agreement and to be bound by and strictly perform the terms thereof as such terms apply to Escrow Holder. Dated: September 29__________, 2021 “ESCROW HOLDER” FIDELITY NATIONAL TITLE, NATIONAL COMMERCIAL SERVICES _________ Chicago Title Company By: /s/ Xxxxxxxxx Xxxxxx Name: Xxxxxxxxx Xxxxxx TitlePosition: SVP, Operations EXHIBIT “A” A LEGAL DESCRIPTION OF THE LAND All that certain real property located in the City of Rancho CucamongaPARCEL 2, County of San Bernardino, State of California, more fully described as follows: TRACT A: PARCEL 1: PARCEL 3 OF AS SHOWN ON PARCEL MAP NO. 7847, IN XXX XXXX XX XXXXXX XXXXXXXXX, XXXXXX XX XXX XXXXXXXXXX, XXXXX OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 82 OF PARCEL MAPS, PAGES 48 THROUGH 51, INCLUSIVE, RECORDS OF SAID COUNTY. PARCEL 2: AN EASEMENT FOR ACCESS ROAD PURPOSES AS CREATED BY SECTION 1.7 OF THAT CERTAIN JOINT USAGE AND EASEMENT AGREEMENT DATED AS OF NOVEMBER 28, 1983 AND RECORDED ON NOVEMBER 29, 1983 AS INSTRUMENT NO. 83-280362 OF OFFICIAL RECORDS. TRACT B: PARCEL 2 OF PARCEL MAP NO. 242110334, IN THE CITY OF RANCHO CUCAMONGAEL SEGUNDO, COUNTY OF SAN BERNARDINOLOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED FILED IN BOOK 22, 94 PAGE 00 XX XXXXXX XXXX, XXXXXXX XX XXX XXXXXXXXXX XXXXXX. TRACT C: THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND ON FILE IN THE DISTRICT LAND OFFICE, DESCRIBED AS PARCEL 4 IN DEED TO AMERICAN PIPE AND CONSTRUCTION CO., A CORPORATION, RECORDED SEPTEMBER 18, 1968, IN BOOK 7095, PAGE 764, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING WESTERLY OF A LINE, PARALLEL WITH AND DISTANT EASTERLY, 230.00 FEET, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED SURVEYED REFERENCED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SOUTHWEST 1/4, SAID POINT BEING NORTH 89° 56’ 18” WEST 1152.25 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE NORTHEAST CORNER OF SAID SOUTHWEST 1/4, SAID POINT ALSO BEING SOUTH 89° 56’ 18” EAST 1499.15 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE WEST 1/4 CORNER OF SAID SECTION 8; THENCE SOUTH 1° 12’ 19” WEST 2646.78 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID SECTION, SAID POINT BEING NORTH 89° 59’ 30” EAST 1452.58 FEET, MEASURED ALONG SAID SOUTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE SOUTHWEST CORNER OF SAID SECTION 8. EXCEPTING THEREFROM 1/2 OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER OR THAT MAY BE PRODUCED FROM A DEPTH BELOW 500 FEET BELOW THE SURFACE OF ALL OF SAID LAND, WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF ANY OF SAID LAND FOR THE PURPOSE OF MINING, DRILLING, EXPLORING OR EXTRACTING SUCH OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, OR MINERALS, OR OTHER USE OF OR RIGHTS IN OR TO ANY PORTION OF THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, BUT WITH THE RIGHT TO DRILL INTO, LOCATE XXXXX AND PRODUCE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OR MINERALS FROM ANY PORTION OF SAID LAND WHICH LIES BELOW 500 FEET FROM THE SURFACE THEREOF, TOGETHER WITH THE RIGHT TO EXPLORE FOR, DRILL AND EXTRACT OIL, GAS OR OTHER HYDROCARBON SUBSTANCES OR MINERAL FROM LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED BY MEANS OF DIRECTIONAL DRILLING OR MINING THROUGH SAID LANDS FROM A WELL SITE OR TUNNEL SITE SITUATED UPON LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED, AS RESERVED IN DEED RECORDED MAY 5, 1955, IN BOOK 3637, PAGE 135, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL URANIUM, THORIUM AND OTHER FISSIONABLE MATERIALS, ALL OIL, GAS, PETROLEUM, ASPHALTUM, AND OTHER HYDROCARBON SUBSTANCES AND OTHER MINERALS AND MINERAL ORES OF EVERY KIND AND CHARACTER, WHETHER SIMILAR TO THESE HEREIN SPECIFIED OR NOT, AS RESERVED IN DEED RECORDED DECEMBER 19, 1974, IN BOOK 8580, PAGE 21, OFFICIAL RECORDS. TRACT D: PARCEL XX. 0, XXXXXX XXX XX. 0000, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 82 95 OF PARCEL MAPS, PAGES 48 TO 51, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF JUNEBERRY DRIVE AS VACATED BY THAT CERTAIN RESOLUTION 89-158 BY THE CITY COUNTY OF THE CITY OF RANCHO CUCAMONGA, RECORDED APRIL 24, 1989, AS INSTRUMENT NO. 89-144726, OFFICIAL RECORDS. EXCEPT THEREFROM ONE-HALF OF FROM SAID PARCEL, ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES HYDROCARBONS AND MINERALS AND UNDER OTHER MINERALS, WHETHER SIMILAR TO THOSE SPECIFIED OR NOT, WITHIN OR THAT MAY BE PRODUCED FROM SAID LAND, WITH NO RIGHT OR INTEREST OF ANY KIND THEREIN, EXPRESSED OR IMPLIED, IN THE SURFACE OF SAID LAND, BUT WITH THE SOLE AND EXCLUSIVE RIGHT FROM TIME TO TIME TO DRILL AND MAINTAIN XXXXX AND SUPPORTING WORKS INTO OR THROUGH SAID LAND BELOW A DEPTH OF 500 FEET BELOW THE SURFACE OF ALL OF SAID LANDAND TO PRODUCE, WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF ANY OF SAID LAND FOR THE PURPOSE OF MININGINJECT, DRILLING, EXPLORING STORE AND REMOVE FROM AND THROUGH SUCH XXXXX OR EXTRACTING SUCH GASWORKS, OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES OR MINERALS, OR OTHER USE OF OR RIGHT IN OR TO ANY PORTION OF THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, BUT WITH WHATEVER NATURE INCLUDING THE RIGHT TO DRILL INTO, LOCATE XXXXX PERFORM BELOW SAID DEPTH ANY AND PRODUCE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES ALL OPERATIONS DEEMED NECESSARY OR MINERALS FROM ANY PORTION CONVENIENT FOR THE EXERCISE OF SAID LAND WHICH LIES BELOW 500 FEET FROM THE SURFACE THEREOFRIGHT, TOGETHER WITH THE RIGHT TO EXPLORE FOR, DRILL AND EXTRACT OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OF MINERALS FROM OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED BY MEANS OF DIRECTIONAL DRILLING OR MINING THROUGH SAID LAND FROM A WELL SITE, DRILL SITE OR TUNNEL SITE SITUATED UPON LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED AS RESERVED BY STANDARD OIL COMPANY OF CALIFORNIA, A CORPORATION, IN THE DEED FROM XXXXXXX X. XXXX AND XXXXXX XXXXRECORDED JUNE 30, RECORDED MAY 51969 AS INSTRUMENT NO. 759, 1955 IN BOOK 3637, D4419 PAGE 135 OF 266 OFFICIAL RECORDS. For conveyancing purposes only: APN 0229-131-19-0-000 (Affects Tract A) APN: 0229-121-33-0-000 (Affects Tract B) APN: 0229-121-34-0-000 (Affects Tract C) APN: 0229-121-35-0-000 (Affects Tract D) (End of Legal Description) END OF LEGAL DESCRIPTION EXHIBIT “B” FORM OF A EXHIBIT B GRANT DEED RECORDING REQUESTED BY: __________ Title Insurance Company WHEN RECORDED MAIL TO: Landmark Law Group, Inc. 000 Xxxxxxxx, Xxxxx 000X Xxxxx Xxxxxx, Xxxxxxxxxx 00000 Attn: Xxxxxxxxx X. Xxxxx MAIL TAX STATEMENTS TO: (SPACE ABOVE THIS LINE FOR RECORDER’S USESpace above this line is for recorder's use) APN[s]: [0229-121-33-0-000, 0229-121-34-0-000, and 0229-131-19-0-000] [0229-121-35-0-000]. THE UNDERSIGNED GRANTOR DECLARES DOCUMENTARY TRANSFER TAX is $______________________ [X] Computed on full value of property conveyed, or [__] Computed on full value less value of liens and encumbrances remaining at time of sale. [__] Unincorporated Area; [X] City of Rancho Cucamonga. THE UNDERSIGNED GRANTOR DECLARES: The document is exempt from the $75 fee per California Government Code Section 27388.1 because the document is a transfer of real property subject to the imposition of documentary transfer tax. California Government Code Section 27388.1(a)(2). GRANT DEED FOR VALUABLE CONSIDERATIONIn accordance with Section 11932 of the California Revenue and Taxation Code, receipt Grantor has declared the amount of transfer tax which is hereby acknowledged, _____________, due by a ____________ (“Grantor”), hereby GRANTS to _____________, a ____________ (“Grantee”), separate statement that certain real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (the “Land”). [Grantor reserves the water rights associated is not being recorded with the Land and more particularly described on Schedule “1” attached hereto.] This Grant Deed is and made and delivered, and title to the aforesaid property is conveyed, subject to those items set forth on the attached Exhibit “B”. Executed as of this ___ day of __________, 20__. Effective Date: The date this Grant Deed is recorded in the Official Records of San Bernardino CountyDeed. GRANTOR: , a By: Name: Its: This Notary Acknowledgement is attached to a document entitled GRANT DEED. 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 ) ) COUNTY OF ) On __________________, 20__ before meFOR VALUE RECEIVED, __________________________________ ("Grantor"), personally appeared _________________________hereby grants to __________________________________, who proved to me on that certain real property (the basis "Property") situated in the City 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: _______________, County of ____________________ (Seal) EXHIBIT “A” TO GRANT DEED LEGAL DESCRIPTION All that certain real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, more fully described as follows: APN[s]: [0229-121-33-0-000, 0229-121-34-0-000, in Exhibit A attached hereto and 0229-131-19-0-000] [0229-121-35-0-000]incorporated by reference. (End of Legal Description) EXHIBIT “B” THE PROPERTY IS CONVEYED TO GRANT DEED PERMITTED EXCEPTIONS [TO BE COMPLETED PRIOR TO CLOSING] SCHEDULE “1” TO GRANT DEED RESERVED WATER RIGHTS Grantor (as a successor-in-interest to a portion of the overlying non-agricultural water rights formerly held by Ameron), holds rights to produce groundwater in the Chino Basin as were adjudicated by the Superior Court for the County of San Bernardino in Chino Basin Municipal Water District v City of Chino, et al., Case No. RCV 51010 (formerly Case No. 164327), which resulted in a judgment signed on January 27, 1978, as subsequently amended and restated (the “Water Rights Judgment”). Grantor’s reserved water rights include the following water rights in the Chino Basin, as shown by Watermaster’s latest Assessment Package approved on November 19, 2020 for Fiscal Year (“FY”) 2020/2021 (Production Year 2019/2020):GRANTEE SUBJECT TO:
Appears in 1 contract
ACCEPTANCE BY ESCROW HOLDER. Fidelity National Title Insurance Company hereby acknowledges that it has received originally-originally executed counterparts or a fully-fully executed original of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions, Instructions and agrees to act as Escrow Holder thereunder, thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. Dated: September 29July 15, 2021 “ESCROW HOLDER” FIDELITY NATIONAL TITLE, NATIONAL COMMERCIAL SERVICES 2014 Fidelity National Title Insurance Company By: /s/ Xxxxxxxxx Xxxxxx Xxxxxxx Print Name: Xxxxxxxxx Xxxxxx TitleXxxxxxx Its Authorized Agent: SVP, Operations Vice President EXHIBIT “A” A LEGAL DESCRIPTION OF THE LAND All that certain real property located PROPERTY Lot 1, STONEHURST, a subdivision in Xxxxxx County, Texas, according to the City map or plat recorded in Volume 83, Page 75C-75D, of Rancho Cucamongathe Plat Records of Xxxxxx County, County of San Bernardino, State of California, more fully described as follows: TRACT A: PARCEL 1: PARCEL 3 OF PARCEL MAP NOTexas. 7847, IN XXX XXXX XX XXXXXX XXXXXXXXX, XXXXXX XX XXX XXXXXXXXXX, XXXXX OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 82 OF PARCEL MAPS, PAGES 48 THROUGH 51, INCLUSIVE, RECORDS OF SAID COUNTY. PARCEL 2: AN EASEMENT FOR ACCESS ROAD PURPOSES AS CREATED BY SECTION 1.7 OF THAT CERTAIN JOINT USAGE AND EASEMENT AGREEMENT DATED AS OF NOVEMBER 28, 1983 AND RECORDED ON NOVEMBER 29, 1983 AS INSTRUMENT NO. 83-280362 OF OFFICIAL RECORDS. TRACT B: PARCEL 2 OF PARCEL MAP NO. 2421, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGE 00 XX XXXXXX XXXX, XXXXXXX XX XXX XXXXXXXXXX XXXXXX. TRACT C: THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND ON FILE IN THE DISTRICT LAND OFFICE, DESCRIBED AS PARCEL 4 IN DEED TO AMERICAN PIPE AND CONSTRUCTION CO., A CORPORATION, RECORDED SEPTEMBER 18, 1968, IN BOOK 7095, PAGE 764, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING WESTERLY OF A LINE, PARALLEL WITH AND DISTANT EASTERLY, 230.00 FEET, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED SURVEYED REFERENCED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SOUTHWEST 1/4, SAID POINT BEING NORTH 89° 56’ 18” WEST 1152.25 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE NORTHEAST CORNER OF SAID SOUTHWEST 1/4, SAID POINT ALSO BEING SOUTH 89° 56’ 18” EAST 1499.15 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE WEST 1/4 CORNER OF SAID SECTION 8; THENCE SOUTH 1° 12’ 19” WEST 2646.78 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID SECTION, SAID POINT BEING NORTH 89° 59’ 30” EAST 1452.58 FEET, MEASURED ALONG SAID SOUTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE SOUTHWEST CORNER OF SAID SECTION 8. EXCEPTING THEREFROM 1/2 OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER OR THAT MAY BE PRODUCED FROM A DEPTH BELOW 500 FEET BELOW THE SURFACE OF ALL OF SAID LAND, WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF ANY OF SAID LAND FOR THE PURPOSE OF MINING, DRILLING, EXPLORING OR EXTRACTING SUCH OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, OR MINERALS, OR OTHER USE OF OR RIGHTS IN OR TO ANY PORTION OF THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, BUT WITH THE RIGHT TO DRILL INTO, LOCATE XXXXX AND PRODUCE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OR MINERALS FROM ANY PORTION OF SAID LAND WHICH LIES BELOW 500 FEET FROM THE SURFACE THEREOF, TOGETHER WITH THE RIGHT TO EXPLORE FOR, DRILL AND EXTRACT OIL, GAS OR OTHER HYDROCARBON SUBSTANCES OR MINERAL FROM LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED BY MEANS OF DIRECTIONAL DRILLING OR MINING THROUGH SAID LANDS FROM A WELL SITE OR TUNNEL SITE SITUATED UPON LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED, AS RESERVED IN DEED RECORDED MAY 5, 1955, IN BOOK 3637, PAGE 135, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL URANIUM, THORIUM AND OTHER FISSIONABLE MATERIALS, ALL OIL, GAS, PETROLEUM, ASPHALTUM, AND OTHER HYDROCARBON SUBSTANCES AND OTHER MINERALS AND MINERAL ORES OF EVERY KIND AND CHARACTER, WHETHER SIMILAR TO THESE HEREIN SPECIFIED OR NOT, AS RESERVED IN DEED RECORDED DECEMBER 19, 1974, IN BOOK 8580, PAGE 21, OFFICIAL RECORDS. TRACT D: PARCEL XX. 0, XXXXXX XXX XX. 0000, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 82 OF PARCEL MAPS, PAGES 48 TO 51, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF JUNEBERRY DRIVE AS VACATED BY THAT CERTAIN RESOLUTION 89-158 BY THE CITY COUNTY OF THE CITY OF RANCHO CUCAMONGA, RECORDED APRIL 24, 1989, AS INSTRUMENT NO. 89-144726, OFFICIAL RECORDS. EXCEPT THEREFROM ONE-HALF OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS AND UNDER OR THAT MAY BE PRODUCED FROM A DEPTH OF 500 FEET BELOW THE SURFACE OF ALL OF SAID LAND, WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF ANY OF SAID LAND FOR THE PURPOSE OF MINING, DRILLING, EXPLORING OR EXTRACTING SUCH GAS, OIL, AND OTHER HYDROCARBON SUBSTANCES OR MINERALS, OR OTHER USE OF OR RIGHT IN OR TO ANY PORTION OF THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, BUT WITH THE RIGHT TO DRILL INTO, LOCATE XXXXX AND PRODUCE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OR MINERALS FROM ANY PORTION OF SAID LAND WHICH LIES BELOW 500 FEET FROM THE SURFACE THEREOF, TOGETHER WITH THE RIGHT TO EXPLORE FOR, DRILL AND EXTRACT OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OF MINERALS FROM OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED BY MEANS OF DIRECTIONAL DRILLING OR MINING THROUGH SAID LAND FROM A WELL SITE, DRILL SITE OR TUNNEL SITE SITUATED UPON LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED AS RESERVED IN THE DEED FROM XXXXXXX X. XXXX AND XXXXXX XXXX, RECORDED MAY 5, 1955 IN BOOK 3637, PAGE 135 OF OFFICIAL RECORDS. For conveyancing purposes only: APN 0229-131-19-0-000 (Affects Tract A) APN: 0229-121-33-0-000 (Affects Tract B) APN: 0229-121-34-0-000 (Affects Tract C) APN: 0229-121-35-0-000 (Affects Tract D) (End of Legal Description) EXHIBIT “B” A-1- EXHIBIT B FORM OF GRANT DEED SPECIAL WARRANTY DEED __________SPACE ABOVE THIS LINE FOR RECORDING REQUESTED BY: DATA__________ Title Insurance Company WHEN RECORDED MAIL TONOTICE OF CONFIDENTIALITY RIGHTS: MAIL TAX STATEMENTS TOIF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: (SPACE ABOVE THIS LINE FOR RECORDER’S USE) APN[s]: [0229-121-33-0-000, 0229-121-34-0-000, and 0229-131-19-0-000] [0229-121-35-0-000]YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE UNDERSIGNED GRANTOR DECLARES DOCUMENTARY TRANSFER TAX STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF XXXXXX § THIS SPECIAL WARRANTY DEED (this "Deed") is $______________________ [X] Computed on full value of property conveyed, or [__] Computed on full value less value of liens and encumbrances remaining at time of sale. [__] Unincorporated Area; [X] City of Rancho Cucamonga. THE UNDERSIGNED GRANTOR DECLARES: The document is exempt from the $75 fee per California Government Code Section 27388.1 because the document is a transfer of real property subject to the imposition of documentary transfer tax. California Government Code Section 27388.1(a)(2). GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, _____________, a ____________ (“Grantor”), hereby GRANTS to _____________, a ____________ (“Grantee”), that certain real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (the “Land”). [Grantor reserves the water rights associated with the Land and more particularly described on Schedule “1” attached hereto.] This Grant Deed is and made and delivered, and title to the aforesaid property is conveyed, subject to those items set forth on the attached Exhibit “B”. Executed as of this the ____ day of __________, 20__. Effective Date: The date this Grant Deed is recorded in the Official Records of San Bernardino County. GRANTOR: , a By: Name: Its: This Notary Acknowledgement is attached to a document entitled GRANT DEED. 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 ) ) COUNTY OF ) On __________________, 20__ before mefrom STONEMARK S/SV, _________________________________LP, personally appeared _________________________a Delaware limited partnership (hereinafter referred to as "Grantor") to __________________________________, who proved its successors and assigns (hereinafter referred 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(iesas "Grantee"), 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: ________having an address at___________________________ IN CONSIDERATION of the sum of Ten Dollars (Seal$10.00) EXHIBIT “A” TO GRANT DEED LEGAL DESCRIPTION All and other good and valuable consideration paid by Grantee to Grantor, the receipt and sufficiency of which are hereby acknowledged, Grantor has sold, conveyed and granted and does hereby sell, convey and grant unto Grantee, its successors and assigns, with special warranty, that certain real property located lying and being situated in the City of Rancho CucamongaXxxxxx County, County of San Bernardino, State of California, more fully described as follows: APN[s]: [0229-121-33-0-000, 0229-121-34-0-000Texas, and 0229-131-19-0-000] [0229-121-35-0-000]. (End described on Exhibit A attached hereto and incorporated herein by reference, together with all improvements thereon and all right, title and interest of Legal Description) EXHIBIT “B” TO GRANT DEED PERMITTED EXCEPTIONS [TO BE COMPLETED PRIOR TO CLOSING] SCHEDULE “1” TO GRANT DEED RESERVED WATER RIGHTS Grantor (in any oil, gas and other minerals in, on and under and that may be produced from the land, as a successor-in-well as all development rights, land use entitlements, including without limitation, air rights, water, water rights, wastewater and other utility commitments, allocations, and permits, and related rights appurtenant to the land, if any, and all of Grantor's right, title and interest to a portion as of the overlying nondate hereof in and to: (a) all privileges, rights, easements and appurtenances belonging to such land; (b) all streets, alleys, passages and other rights-agricultural water rights formerly held by Ameronof-way or appurtenances, included in and adjacent to said property (collectively, the "Property"), holds rights to produce groundwater in the Chino Basin as were adjudicated by the Superior Court ; Grantee assumes all liability for and shall pay all taxes due for the County Property for the 20__ year and all subsequent years. EXHIBIT B To have and to hold the premises aforesaid with all and singular, the rights, privileges, appurtenances and immunities thereto belonging or in any wise appertaining unto Grantee and Grantee's successors and assigns forever. Grantor will warrant specially and defend the title to said premises unto the said Grantee and unto Grantee's successors and assigns forever, against the lawful claims and demands of San Bernardino in Chino Basin Municipal Water District v City of Chinoall persons claiming by, et al.under or through Grantor, Case Nobut not otherwise, subject however, to the Permitted Encumbrances (herein so called) described on Exhibit B attached hereto and expressly made a part hereof. RCV 51010 (formerly Case No. 164327), which resulted in a judgment signed on January 27, 1978, as subsequently amended and restated (the “Water Rights Judgment”). Grantor’s reserved water rights include the following water rights in the Chino Basin, as shown by Watermaster’s latest Assessment Package approved on November 19, 2020 for Fiscal Year (“FY”) 2020/2021 (Production Year 2019/2020):EXHIBIT B
Appears in 1 contract
Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Steadfast Apartment REIT, Inc.)
ACCEPTANCE BY ESCROW HOLDER. Fidelity National First American Title hereby Insurance Company acknowledges that it has received originally-a fully executed counterparts or a fully-executed original copy of the foregoing Agreement of Purchase and Sale Agreement and Joint Escrow Instructions, Instructions (the “Agreement”) and agrees to act as Escrow Holder thereunder, under the Agreement and to be bound by and strictly perform the terms thereof as such terms apply to Escrow Holder. Dated: September 29May ___, 2021 “ESCROW HOLDER” FIDELITY NATIONAL TITLE, NATIONAL COMMERCIAL SERVICES 2016 FIRST AMERICAN TITLE INSURANCE COMPANY By: /s/ Xxxxxxxxx Xxxxxx Name: Xxxxxxxxx Xxxxxx Title: SVP, Operations EXHIBIT “A” LEGAL DESCRIPTION OF THE LAND All that certain real property located in the City of Rancho CucamongaREFERRED TO HEREIN BELOW IS SITUATED IN THE CITY AND COUNTY OF SAN FRANCISCO, County of San Bernardino, State of California, more fully described as followsSTATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: A CONDOMINIUM COMPRISED OF TRACT A: PARCEL 1ONE: PARCEL 3 OF PARCEL MAP NOCONDOMINIUM UXXX 000 (XXX XX. 7847, IN XXX XXXX 00) XX XXXXXX XXXXXXXXXA OF FINAL MAP 7511, XXXXXX XX XXX XXXXXXXXXXFILED MAY 29, XXXXX OF CALIFORNIA, AS PER PLAT RECORDED 2014 IN BOOK 82 123 OF PARCEL CONDOMINIUM MAPS, PAGES 48 THROUGH 51188, INCLUSIVE, 189 AND 190 OFFICIAL RECORDS OF SAID COUNTYSAN FRANCISCO COUNTY RECORDS ("OFFICIAL RECORDS"), AS SUCH UNIT IS SHOWN ON THE CONDOMINIUM PLAN ("PLAN"), ATTACHED AS AN EXHIBIT TO THE DECLARATION OF RESTRICTIONS AND CONDOMINIUM PLAN FOR 8 OCTAVIA BOULEVARD ("DECLARATION"), RECORDED JULY 25, 2014, SERIES NO. 2014-J914505 OFFICIAL RECORDS, ALONG WITH ANY AMENDMENTS AND/OR ANNEXATIONS RECORDED PURSUANT THERETO. PARCEL 2TWO: AN EASEMENT FOR ACCESS ROAD PURPOSES UNDIVIDED 4.2669% INTEREST AS CREATED BY SECTION 1.7 TENANT IN COMMON IN AND TO THE COMMON AREA LYING WITHIN SAID PARCEL A OF THAT CERTAIN JOINT USAGE FINAL MAP 7511, AS SHOWN ON THE PLAN AND EASEMENT AGREEMENT DATED AS OF NOVEMBER 28, 1983 AND RECORDED ON NOVEMBER 29, 1983 AS INSTRUMENT NO. 83-280362 OF OFFICIAL RECORDS. TRACT B: PARCEL 2 OF PARCEL MAP NO. 2421, DEFINED IN THE CITY OF RANCHO CUCAMONGADECLARATION, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGE 00 XX XXXXXX XXXX, XXXXXXX XX XXX XXXXXXXXXX XXXXXX. TRACT C: THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND ON FILE IN THE DISTRICT LAND OFFICE, DESCRIBED AS PARCEL 4 IN DEED TO AMERICAN PIPE AND CONSTRUCTION CO., A CORPORATION, RECORDED SEPTEMBER 18, 1968, IN BOOK 7095, PAGE 764, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING WESTERLY OF A LINE, PARALLEL WITH AND DISTANT EASTERLY, 230.00 FEET, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED SURVEYED REFERENCED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SOUTHWEST 1/4, SAID POINT BEING NORTH 89° 56’ 18” WEST 1152.25 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE NORTHEAST CORNER OF SAID SOUTHWEST 1/4, SAID POINT ALSO BEING SOUTH 89° 56’ 18” EAST 1499.15 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE WEST 1/4 CORNER OF SAID SECTION 8; THENCE SOUTH 1° 12’ 19” WEST 2646.78 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID SECTION, SAID POINT BEING NORTH 89° 59’ 30” EAST 1452.58 FEET, MEASURED ALONG SAID SOUTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE SOUTHWEST CORNER OF SAID SECTION 8. EXCEPTING THEREFROM 1/2 OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER OR THAT MAY BE PRODUCED FROM A DEPTH BELOW 500 FEET BELOW THE SURFACE OF ALL OF SAID LAND, WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF ANY OF SAID LAND FOR THE PURPOSE OF MINING, DRILLING, EXPLORING OR EXTRACTING SUCH OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, OR MINERALS, OR OTHER USE OF OR RIGHTS IN OR TO ANY PORTION OF THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, BUT WITH THE RIGHT TO DRILL INTO, LOCATE XXXXX AND PRODUCE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OR MINERALS FROM ANY PORTION OF SAID LAND WHICH LIES BELOW 500 FEET FROM THE SURFACE THEREOF, TOGETHER WITH THE RIGHT TO EXPLORE FOR, DRILL AND EXTRACT OIL, GAS OR OTHER HYDROCARBON SUBSTANCES OR MINERAL FROM LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED BY MEANS OF DIRECTIONAL DRILLING OR MINING THROUGH SAID LANDS FROM A WELL SITE OR TUNNEL SITE SITUATED UPON LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED, AS RESERVED IN DEED RECORDED MAY 5, 1955, IN BOOK 3637, PAGE 135, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL URANIUM, THORIUM AND OTHER FISSIONABLE MATERIALS, ALL OIL, GAS, PETROLEUM, ASPHALTUM, AND OTHER HYDROCARBON SUBSTANCES AND OTHER MINERALS AND MINERAL ORES OF EVERY KIND AND CHARACTER, WHETHER SIMILAR TO THESE HEREIN SPECIFIED OR NOT, AS RESERVED IN DEED RECORDED DECEMBER 19, 1974, IN BOOK 8580, PAGE 21, OFFICIAL RECORDS. TRACT D: PARCEL XX. 0, XXXXXX XXX XX. 0000, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 82 OF PARCEL MAPS, PAGES 48 TO 51, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF JUNEBERRY DRIVE AS VACATED BY THAT CERTAIN RESOLUTION 89-158 BY THE CITY COUNTY OF THE CITY OF RANCHO CUCAMONGA, RECORDED APRIL 24, 1989, AS INSTRUMENT NO. 89-144726, OFFICIAL RECORDS. EXCEPT THEREFROM ONE-HALF OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS AND UNDER OR THAT MAY BE PRODUCED FROM A DEPTH OF 500 FEET BELOW THE SURFACE OF ALL OF SAID LAND, WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF ANY OF SAID LAND FOR THE PURPOSE OF MINING, DRILLING, EXPLORING OR EXTRACTING SUCH GAS, OIL, AND OTHER HYDROCARBON SUBSTANCES OR MINERALS, OR OTHER USE OF OR RIGHT IN OR TO ANY PORTION OF THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, BUT WITH THE RIGHT TO DRILL INTO, LOCATE XXXXX AND PRODUCE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OR MINERALS FROM ANY PORTION OF SAID LAND WHICH LIES BELOW 500 FEET FROM THE SURFACE THEREOF, TOGETHER WITH THE RIGHT TO EXPLORE FOR, DRILL AND EXTRACT OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OF MINERALS FROM OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED BY MEANS OF DIRECTIONAL DRILLING OR MINING THROUGH SAID LAND FROM A WELL SITE, DRILL SITE OR TUNNEL SITE SITUATED UPON LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED AS RESERVED IN THE DEED FROM XXXXXXX X. XXXX AND XXXXXX XXXX, RECORDED MAY 5, 1955 IN BOOK 3637, PAGE 135 OF OFFICIAL RECORDS. For conveyancing purposes only: APN 0229-131-19-0-000 (Affects Tract A) APN: 0229-121-33-0-000 (Affects Tract B) APN: 0229-121-34-0-000 (Affects Tract C) APN: 0229-121-35-0-000 (Affects Tract D) (End of Legal Description) EXHIBIT “B” FORM OF GRANT DEED RECORDING REQUESTED BY: __________ Title Insurance Company WHEN RECORDED MAIL TO: MAIL TAX STATEMENTS TO: (SPACE ABOVE THIS LINE FOR RECORDER’S USE) APN[s]: [0229-121-33-0-000, 0229-121-34-0-000, and 0229-131-19-0-000] [0229-121-35-0-000]. THE UNDERSIGNED GRANTOR DECLARES DOCUMENTARY TRANSFER TAX is $______________________ [X] Computed on full value of property conveyed, or [__] Computed on full value less value of liens and encumbrances remaining at time of sale. [__] Unincorporated Area; [X] City of Rancho Cucamonga. THE UNDERSIGNED GRANTOR DECLARES: The document is exempt from the $75 fee per California Government Code Section 27388.1 because the document is a transfer of real property subject to the imposition of documentary transfer tax. California Government Code Section 27388.1(a)(2). GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, _____________, a ____________ (“Grantor”), hereby GRANTS to _____________, a ____________ (“Grantee”), that certain real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (the “Land”). [Grantor reserves the water rights associated with the Land and more particularly described on Schedule “1” attached hereto.] This Grant Deed is and made and delivered, and title to the aforesaid property is conveyed, subject to those items set forth on the attached Exhibit “B”. Executed as of this ___ day of __________, 20__. Effective Date: The date this Grant Deed is recorded in the Official Records of San Bernardino County. GRANTOR: , a By: Name: Its: This Notary Acknowledgement is attached to a document entitled GRANT DEED. 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 ) ) COUNTY OF ) On __________________, 20__ before me, _________________________________, 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. Signature: ___________________________________ (Seal) EXHIBIT “A” TO GRANT DEED LEGAL DESCRIPTION All that certain real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, more fully described as follows: APN[s]: [0229-121-33-0-000, 0229-121-34-0-000, and 0229-131-19-0-000] [0229-121-35-0-000]. (End of Legal Description) EXHIBIT “B” TO GRANT DEED PERMITTED EXCEPTIONS [TO BE COMPLETED PRIOR TO CLOSING] SCHEDULE “1” TO GRANT DEED RESERVED WATER RIGHTS Grantor (as a successor-in-interest to a portion of the overlying non-agricultural water rights formerly held by Ameron), holds rights to produce groundwater in the Chino Basin as were adjudicated by the Superior Court for the County of San Bernardino in Chino Basin Municipal Water District v City of Chino, et al., Case No. RCV 51010 (formerly Case No. 164327), which resulted in a judgment signed on January 27, 1978, as subsequently amended and restated (the “Water Rights Judgment”). Grantor’s reserved water rights include the following water rights in the Chino Basin, as shown by Watermaster’s latest Assessment Package approved on November 19, 2020 for Fiscal Year (“FY”) 2020/2021 (Production Year 2019/2020):FOLLOWING:
Appears in 1 contract
Samples: Agreement of Purchase and Sale and Joint Escrow Instructions (Strategic Realty Trust, Inc.)
ACCEPTANCE BY ESCROW HOLDER. Fidelity National Chicago Title hereby acknowledges that it has received originally-a fully executed counterparts or a fully-executed original counterpart of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions, and agrees to act as Escrow Holder thereunder, thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. Dated: September 29, 2021 “ESCROW HOLDER” FIDELITY NATIONAL TITLE, NATIONAL COMMERCIAL SERVICES 1/21/10 Chicago Title Insurance Company By: /s/ Xxxxxxxx Xxxxxxxxx Xxxxxx NameIts: Xxxxxxxxx Xxxxxx Title: SVPAVP, Operations Sr. Commercial Escrow Officer EXHIBIT “A” LEGAL DESCRIPTION OF THE LAND All that certain real property located in the City A Description of Rancho Cucamonga, County of San Bernardino, State of California, more fully described as follows: TRACT A: Real Property PARCEL 1: PARCEL 3 XXXX 000 XXX 000 XX XXXXX XXX WICKS EXTENSION OF PARCEL MAP NO. 7847, IN XXX XXXX XX XXXXXX XXXXXXXXX, XXXXXX XX XXX XXXXXXXXXX, XXXXX OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 82 OF PARCEL MAPS, PAGES 48 THROUGH 51, INCLUSIVE, RECORDS OF SAID COUNTY. PARCEL 2: AN EASEMENT FOR ACCESS ROAD PURPOSES AS CREATED BY SECTION 1.7 OF THAT CERTAIN JOINT USAGE SECOND STREET AND EASEMENT AGREEMENT DATED AS OF NOVEMBER 28, 1983 AND RECORDED ON NOVEMBER 29, 1983 AS INSTRUMENT NO. 83-280362 OF OFFICIAL RECORDS. TRACT B: PARCEL 2 OF PARCEL MAP NO. 2421ADJOINING SUBDIVISIONS, IN THE CITY OF RANCHO CUCAMONGALOS ANGELES, COUNTY OF SAN BERNARDINOLOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2213 PAGES 87 AND 88 OF MISCELLANEOUS RECORDS, PAGE 00 XX XXXXXX XXXX, XXXXXXX XX XXX XXXXXXXXXX XXXXXX. TRACT C: THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND ON FILE IN THE DISTRICT LAND OFFICE, DESCRIBED AS PARCEL 4 IN DEED TO AMERICAN PIPE AND CONSTRUCTION CO., A CORPORATION, RECORDED SEPTEMBER 18, 1968, IN BOOK 7095, PAGE 764, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING WESTERLY COUNTY. PARCEL 2: XXXX 000, 000, 000 XXX 000 XX XXXXX XXX WICKS EXTENSION OF A LINE, PARALLEL WITH SECOND STREET AND DISTANT EASTERLY, 230.00 FEET, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED SURVEYED REFERENCED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SOUTHWEST 1/4, SAID POINT BEING NORTH 89° 56’ 18” WEST 1152.25 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE NORTHEAST CORNER OF SAID SOUTHWEST 1/4, SAID POINT ALSO BEING SOUTH 89° 56’ 18” EAST 1499.15 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE WEST 1/4 CORNER OF SAID SECTION 8; THENCE SOUTH 1° 12’ 19” WEST 2646.78 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID SECTION, SAID POINT BEING NORTH 89° 59’ 30” EAST 1452.58 FEET, MEASURED ALONG SAID SOUTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE SOUTHWEST CORNER OF SAID SECTION 8. EXCEPTING THEREFROM 1/2 OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER OR THAT MAY BE PRODUCED FROM A DEPTH BELOW 500 FEET BELOW THE SURFACE OF ALL OF SAID LAND, WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF ANY OF SAID LAND FOR THE PURPOSE OF MINING, DRILLING, EXPLORING OR EXTRACTING SUCH OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, OR MINERALS, OR OTHER USE OF OR RIGHTS IN OR TO ANY PORTION OF THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, BUT WITH THE RIGHT TO DRILL INTO, LOCATE XXXXX AND PRODUCE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OR MINERALS FROM ANY PORTION OF SAID LAND WHICH LIES BELOW 500 FEET FROM THE SURFACE THEREOF, TOGETHER WITH THE RIGHT TO EXPLORE FOR, DRILL AND EXTRACT OIL, GAS OR OTHER HYDROCARBON SUBSTANCES OR MINERAL FROM LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED BY MEANS OF DIRECTIONAL DRILLING OR MINING THROUGH SAID LANDS FROM A WELL SITE OR TUNNEL SITE SITUATED UPON LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED, AS RESERVED IN DEED RECORDED MAY 5, 1955, IN BOOK 3637, PAGE 135, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL URANIUM, THORIUM AND OTHER FISSIONABLE MATERIALS, ALL OIL, GAS, PETROLEUM, ASPHALTUM, AND OTHER HYDROCARBON SUBSTANCES AND OTHER MINERALS AND MINERAL ORES OF EVERY KIND AND CHARACTER, WHETHER SIMILAR TO THESE HEREIN SPECIFIED OR NOT, AS RESERVED IN DEED RECORDED DECEMBER 19, 1974, IN BOOK 8580, PAGE 21, OFFICIAL RECORDS. TRACT D: PARCEL XX. 0, XXXXXX XXX XX. 0000ADJOINING SUBDIVISIONS, IN THE CITY OF LOS ANGELES, COUNTY OF SAN BERNARDINOLOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 82 13 PAGES 87 AND 88 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 3: LOT “A” OF TRACT NO. 2401, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 23 PAGE 43 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. “FOR INFORMATIONAL PURPOSES ONLY” THE ABOVE PROPERTY IS ALSO DESCRIBED AS FOLLOWS: XXXX 000, 000, 000, 000, 000, XXX 234 OF XXXXX’ AND WICK’S EXTENSION OF SECOND STREET AND ADJOINING SUBDIVISIONS, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13, PAGES 48 TO 51, INCLUSIVE87 AND 88 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF JUNEBERRY DRIVE AS VACATED BY THAT CERTAIN RESOLUTION 89-158 BY THE CITY COUNTY OF THE CITY OF RANCHO CUCAMONGA, RECORDED APRIL 24, 1989, AS INSTRUMENT NO. 89-144726, OFFICIAL RECORDS. EXCEPT THEREFROM ONE-HALF OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS AND UNDER OR THAT MAY BE PRODUCED FROM A DEPTH OF 500 FEET BELOW THE SURFACE OF ALL OF SAID LAND, WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF ANY OF SAID LAND FOR THE PURPOSE OF MINING, DRILLING, EXPLORING OR EXTRACTING SUCH GAS, OIL, AND OTHER HYDROCARBON SUBSTANCES OR MINERALS, OR OTHER USE OF OR RIGHT IN OR TO ANY PORTION OF THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, BUT WITH THE RIGHT TO DRILL INTO, LOCATE XXXXX AND PRODUCE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OR MINERALS FROM ANY PORTION OF SAID LAND WHICH LIES BELOW 500 FEET FROM THE SURFACE THEREOF, TOGETHER WITH THE RIGHT TO EXPLORE FOR, DRILL AND EXTRACT OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OF MINERALS FROM OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED BY MEANS OF DIRECTIONAL DRILLING OR MINING THROUGH SAID LAND FROM A WELL SITE, DRILL SITE OR TUNNEL SITE SITUATED UPON LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED AS RESERVED IN THE DEED FROM XXXXXXX X. XXXX AND XXXXXX XXXX, RECORDED MAY 5, 1955 IN BOOK 3637, PAGE 135 OF OFFICIAL RECORDS. For conveyancing purposes only: APN 0229-131-19-0-000 (Affects Tract A) APN: 0229-121-33-0-000 (Affects Tract B) APN: 0229-121-34-0-000 (Affects Tract C) APN: 0229-121-35-0-000 (Affects Tract D) (End of Legal Description) EXHIBIT “B” FORM OF GRANT DEED RECORDING REQUESTED BY: __________ Title Insurance Company WHEN RECORDED MAIL TO: MAIL TAX STATEMENTS TO: (SPACE ABOVE THIS LINE FOR RECORDER’S USE) APN[s]: [0229-121-33-0-000, 0229-121-34-0-000, and 0229-131-19-0-000] [0229-121-35-0-000]. THE UNDERSIGNED GRANTOR DECLARES DOCUMENTARY TRANSFER TAX is $______________________ [X] Computed on full value of property conveyed, or [__] Computed on full value less value of liens and encumbrances remaining at time of sale. [__] Unincorporated Area; [X] City of Rancho Cucamonga. THE UNDERSIGNED GRANTOR DECLARES: The document is exempt from the $75 fee per California Government Code Section 27388.1 because the document is a transfer of real property subject to the imposition of documentary transfer tax. California Government Code Section 27388.1(a)(2). GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, _____________, a ____________ (“Grantor”), hereby GRANTS to _____________, a ____________ (“Grantee”), that certain real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, more particularly described in Exhibit LOT “A” attached hereto and incorporated herein by reference (the “Land”)OF TRACT NO. [Grantor reserves the water rights associated with the Land and more particularly described on Schedule “1” attached hereto.] This Grant Deed is and made and delivered2401, and title to the aforesaid property is conveyedIN SAID CITY, subject to those items set forth on the attached Exhibit “B”. Executed as of this ___ day of __________AS PER MAP RECORDED IN BOOK 23, 20__. Effective DatePAGE 43 OF MAPS, IN SAID OFFICE OF THE COUNTY RECORDER, DESCRIBED AS FOLLOWS: The date this Grant Deed is recorded in the Official Records of San Bernardino County. GRANTOR: , a By: Name: Its: This Notary Acknowledgement is attached to a document entitled GRANT DEED. 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 BEGINNING AT THE NORTHEAST CORNER OF ) ) COUNTY OF ) On __________________, 20__ before me, _________________________________, 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. Signature: ___________________________________ (Seal) EXHIBIT SAID LOT “A”, SAID CORNER BEING THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF FOURTH STREET, 40 FOOT HALF WIDTH, AND THE WESTERLY LINE OF MATEO STREET, 30 FOOT HALF WIDTH; THENCE SOUTH 35° 47’ 45” WEST, ALONG THE WESTERLY LINE OF SAID MATEO STREET, A DISTANCE OF 208.76 FEET, TO GRANT DEED THE SOUTHEAST CORNER OF SAID LOT “A”; THENCE NORTH 27° 35’ 07” WEST, ALONG THE SOUTHERLY LINE OF SAID LOT “A”, A DISTANCE OF 26.88 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 26° 54’ 32” WEST, A DISTANCE OF 91.50 FEET, TO THE SOUTHWEST CORNER OF SAID LOT “A”, SAID POINT ALSO BEING THE SOUTHERLY CORNER OF SAID LOT 234; THENCE NORTH 40° 07’ 18” WEST, ALONG THE SOUTHERLY LINE OF SAID LOTS 234 AND 233, A DISTANCE OF 82.15 FEET TO THE SOUTHWEST CORNER OF SAID LOT 233; THENCE SOUTH 89° 57’ 52” WEST, ALONG THE SOUTHERLY LINE OF SAID XXXX 000, 000, XXX 000, X DISTANCE OF 108.33 FEET, TO THE XXXXXXXXXXXXX XXXXXX XX XXXX XXX 000, XXXX BEING THE EASTERLY LINE OF MOLINO STREET, 30 FOOT HALF WIDTH; THENCE NORTH 08° 13’ 50” WEST, ALONG THE EASTERLY LINE OF SAID MOLINO STREET AND THE SOUTHWESTERLY LINES OF SAID LOTS 230 AND 229, A DISTANCE OF 103.90 FEET, TO THE WESTERLY CORNER OF SAID LOT 229; THENCE NORTH 35° 44’ 39” EAST, ALONG THE NORTHWESTERLY LINE OF SAID LOT 229, A DISTANCE OF 123.65 FEET, TO THE XXXXXXXXXXXXX XXXXXX XX XXXX XXX 000, XXXX SAID CORNER BEING THE SOUTHERLY RIGHT OF WAY LINE OF SAID FOURTH STREET; THENCE SOUTH 54° 10’ 30” EAST, ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID FOURTH STREET, A DISTANCE OF 345.18 FEET TO THE POINT OF BEGINNING. END OF LEGAL DESCRIPTION All that certain real property located in the City EXHIBIT B Description of Rancho Cucamonga, County of San Bernardino, State of California, more fully described as follows: APN[s]: [0229-121-33-0-000, 0229-121-34-0-000, Leases and 0229-131-19-0-000] [0229-121-35-0-000]. (End of Legal Description) EXHIBIT “B” TO GRANT DEED PERMITTED EXCEPTIONS [TO BE COMPLETED PRIOR TO CLOSING] SCHEDULE “1” TO GRANT DEED RESERVED WATER RIGHTS Grantor (as a successor-in-interest to a portion of the overlying non-agricultural water rights formerly held by Ameron), holds rights to produce groundwater in the Chino Basin as were adjudicated by the Superior Court for the County of San Bernardino in Chino Basin Municipal Water District v City of Chino, et al., Case No. RCV 51010 (formerly Case No. 164327), which resulted in a judgment signed on January 27, 1978, as subsequently amended and restated (the “Water Rights Judgment”). Grantor’s reserved water rights include the following water rights in the Chino Basin, as shown by Watermaster’s latest Assessment Package approved on November 19, 2020 for Fiscal Year (“FY”) 2020/2021 (Production Year 2019/2020):Material Agreements
Appears in 1 contract
ACCEPTANCE BY ESCROW HOLDER. Fidelity National First American Title Insurance Company hereby acknowledges that it has received originally-originally executed counterparts or a fully-fully executed original of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions, Instructions and agrees to act as Escrow Holder thereunder, thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. Dated: September 29March 23rd, 2021 “ESCROW HOLDER” FIDELITY NATIONAL TITLE, NATIONAL COMMERCIAL SERVICES By: /s/ Xxxxxxxxx Xxxxxx Name: Xxxxxxxxx Xxxxxx Title: SVP, Operations EXHIBIT “A” LEGAL DESCRIPTION OF THE LAND All that certain real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, more fully described as follows: TRACT A: PARCEL 1: PARCEL 3 OF PARCEL MAP NO. 7847, IN XXX XXXX XX XXXXXX XXXXXXXXX, XXXXXX XX XXX XXXXXXXXXX, XXXXX OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 82 OF PARCEL MAPS, PAGES 48 THROUGH 51, INCLUSIVE, RECORDS OF SAID COUNTY. PARCEL 2: AN EASEMENT FOR ACCESS ROAD PURPOSES AS CREATED BY SECTION 1.7 OF THAT CERTAIN JOINT USAGE AND EASEMENT AGREEMENT DATED AS OF NOVEMBER 28, 1983 AND RECORDED ON NOVEMBER 29, 1983 AS INSTRUMENT NO. 83-280362 OF OFFICIAL RECORDS. TRACT B: PARCEL 2 OF PARCEL MAP NO. 2421, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGE 00 XX XXXXXX XXXX, XXXXXXX XX XXX XXXXXXXXXX XXXXXX. TRACT C: THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND ON FILE IN THE DISTRICT LAND OFFICE, DESCRIBED AS PARCEL 4 IN DEED TO AMERICAN PIPE AND CONSTRUCTION CO., A CORPORATION, RECORDED SEPTEMBER 18, 1968, IN BOOK 7095, PAGE 764, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING WESTERLY OF A LINE, PARALLEL WITH AND DISTANT EASTERLY, 230.00 FEET, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED SURVEYED REFERENCED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SOUTHWEST 1/4, SAID POINT BEING NORTH 89° 56’ 18” WEST 1152.25 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE NORTHEAST CORNER OF SAID SOUTHWEST 1/4, SAID POINT ALSO BEING SOUTH 89° 56’ 18” EAST 1499.15 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE WEST 1/4 CORNER OF SAID SECTION 8; THENCE SOUTH 1° 12’ 19” WEST 2646.78 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID SECTION, SAID POINT BEING NORTH 89° 59’ 30” EAST 1452.58 FEET, MEASURED ALONG SAID SOUTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE SOUTHWEST CORNER OF SAID SECTION 8. EXCEPTING THEREFROM 1/2 OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER OR THAT MAY BE PRODUCED FROM A DEPTH BELOW 500 FEET BELOW THE SURFACE OF ALL OF SAID LAND, WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF ANY OF SAID LAND FOR THE PURPOSE OF MINING, DRILLING, EXPLORING OR EXTRACTING SUCH OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, OR MINERALS, OR OTHER USE OF OR RIGHTS IN OR TO ANY PORTION OF THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, BUT WITH THE RIGHT TO DRILL INTO, LOCATE XXXXX AND PRODUCE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OR MINERALS FROM ANY PORTION OF SAID LAND WHICH LIES BELOW 500 FEET FROM THE SURFACE THEREOF, TOGETHER WITH THE RIGHT TO EXPLORE FOR, DRILL AND EXTRACT OIL, GAS OR OTHER HYDROCARBON SUBSTANCES OR MINERAL FROM LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED BY MEANS OF DIRECTIONAL DRILLING OR MINING THROUGH SAID LANDS FROM A WELL SITE OR TUNNEL SITE SITUATED UPON LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED, AS RESERVED IN DEED RECORDED MAY 5, 1955, IN BOOK 3637, PAGE 135, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL URANIUM, THORIUM AND OTHER FISSIONABLE MATERIALS, ALL OIL, GAS, PETROLEUM, ASPHALTUM, AND OTHER HYDROCARBON SUBSTANCES AND OTHER MINERALS AND MINERAL ORES OF EVERY KIND AND CHARACTER, WHETHER SIMILAR TO THESE HEREIN SPECIFIED OR NOT, AS RESERVED IN DEED RECORDED DECEMBER 19, 1974, IN BOOK 8580, PAGE 21, OFFICIAL RECORDS. TRACT D: PARCEL XX. 0, XXXXXX XXX XX. 0000, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 82 OF PARCEL MAPS, PAGES 48 TO 51, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF JUNEBERRY DRIVE AS VACATED BY THAT CERTAIN RESOLUTION 89-158 BY THE CITY COUNTY OF THE CITY OF RANCHO CUCAMONGA, RECORDED APRIL 24, 1989, AS INSTRUMENT NO. 89-144726, OFFICIAL RECORDS. EXCEPT THEREFROM ONE-HALF OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS AND UNDER OR THAT MAY BE PRODUCED FROM A DEPTH OF 500 FEET BELOW THE SURFACE OF ALL OF SAID LAND, WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF ANY OF SAID LAND FOR THE PURPOSE OF MINING, DRILLING, EXPLORING OR EXTRACTING SUCH GAS, OIL, AND OTHER HYDROCARBON SUBSTANCES OR MINERALS, OR OTHER USE OF OR RIGHT IN OR TO ANY PORTION OF THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, BUT WITH THE RIGHT TO DRILL INTO, LOCATE XXXXX AND PRODUCE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OR MINERALS FROM ANY PORTION OF SAID LAND WHICH LIES BELOW 500 FEET FROM THE SURFACE THEREOF, TOGETHER WITH THE RIGHT TO EXPLORE FOR, DRILL AND EXTRACT OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OF MINERALS FROM OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED BY MEANS OF DIRECTIONAL DRILLING OR MINING THROUGH SAID LAND FROM A WELL SITE, DRILL SITE OR TUNNEL SITE SITUATED UPON LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED AS RESERVED IN THE DEED FROM XXXXXXX X. XXXX AND XXXXXX XXXX, RECORDED MAY 5, 1955 IN BOOK 3637, PAGE 135 OF OFFICIAL RECORDS. For conveyancing purposes only: APN 0229-131-19-0-000 (Affects Tract A) APN: 0229-121-33-0-000 (Affects Tract B) APN: 0229-121-34-0-000 (Affects Tract C) APN: 0229-121-35-0-000 (Affects Tract D) (End of Legal Description) EXHIBIT “B” FORM OF GRANT DEED RECORDING REQUESTED BY: __________ 2018 First American Title Insurance Company WHEN RECORDED MAIL TOBy: MAIL TAX STATEMENTS TO: (SPACE ABOVE THIS LINE FOR RECORDER’S USE) APN[s]: [0229-121-33-0-000, 0229-121-34-0-000, and 0229-131-19-0-000] [0229-121-35-0-000]. THE UNDERSIGNED GRANTOR DECLARES DOCUMENTARY TRANSFER TAX is $________/s/ Xxxxxx Wilkie______________ [X] Computed on full value of property conveyed, or [Print Name: __] Computed on full value less value of liens and encumbrances remaining at time of sale. [__] Unincorporated Area; [X] City of Rancho Cucamonga. THE UNDERSIGNED GRANTOR DECLARES: The document is exempt from the $75 fee per California Government Code Section 27388.1 because the document is a transfer of real property subject to the imposition of documentary transfer tax. California Government Code Section 27388.1(a)(2). GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, _____________, a __Deanna Wilkie__________ (“Grantor”), hereby GRANTS to _____________, a ____________ (“Grantee”), that Its Authorized Agent 12411789.4 57 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY That certain real property located land situated in the City of Rancho CucamongaAtlanta, County of San BernardinoDeKalb, State of California, more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (the “Land”). [Grantor reserves the water rights associated with the Land and more particularly described on Schedule “1” attached hereto.] This Grant Deed is and made and deliveredGeorgia, and title to the aforesaid property is conveyeddescribed as follows: ALL THAT TRACT OR PARCEL OF LAND LYING IN AND BEING A PART OF LAND XXX 000 XX XXX 00XX XXXXXXXX, subject to those items set forth on the attached Exhibit “B”XXXXXX XXXXXX, XXXXXXX AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY OF VALLEY VIEW ROAD (60 FOOT RIGHT-OF-WAY) AND THE EASTERLY RIGHT-OF-WAY OF XXXXXXX-XXXXXXXX ROAD (RIGHT-OF-WAY VARIES) PROCEED NORTHERLY ALONG SAID XXXXXXX-XXXXXXXX ROAD RIGHT-OF-WAY 124.94 FEET TO A POINT AND THE TRUE POINT OF BEGINNING. Executed as of this ___ day of __________THENCE PROCEED ALONG SAID RIGHT-OF-WAY NORTH 01 DEGREE 38 MINUTES 09 SECONDS WEST 616.66 FEET TO A POINT; THENCE PROCEED ALONG A CURVE TO THE RIGHT NORTH 41 DEGREES 35 MINUTES 01 SECOND EAST WITH AN ARC LENGTH OF 96.59 FEET AND A RADIUS OF 59 FEET TO A POINT; THENCE PROCEED NORTH 84 DEGREES 48 MINUTES 12 SECONDS EAST A DISTANCE OF 309.31 FEET TO A POINT; THENCE PROCEED ALONG A CURVE TO THE LEFT NORTH 44 DEGREES 58 MINUTES 59 SECONDS EAST WITH AN ARC LENGTH OF 485.88 FEET AND A RADIUS OF 360.30 FEET TO A POINT; THENCE PROCEED NORTH 05 DEGREES 44 MINUTES 20 SECONDS EAST A DISTANCE OF 353.16 FEET TO A POINT; THENCE PROCEED ALONG A CURVE TO THE RIGHT NORTH 38 DEGREES 12 MINUTES 51 SECONDS EAST WITH AN ARC LENGTH OF 328.64 FEET AND A RADIUS OF 287.70 FEET TO A POINT; THENCE PROCEED NORTH 70 DEGREES 19 MINUTES 47 SECONDS EAST 233.32 FEET TO A POINT; THENCE PROCEED ALONG A CURVE TO THE LEFT NORTH 68 DEGREES 52 MINUTES 34 SECONDS EAST WITH AN ARC LENGTH OF 72.96 FEET AND A RADIUS OF 356.71 FEET TO A POINT; THENCE LEAVING SAID RIGHT-OF-WAY PROCEED SOUTH 23 DEGREES 47 MINUTES 37 SECONDS EAST A DISTANCE OF 75.25 FEET TO A POINT; THENCE PROCEED SOUTH 63 DEGREES 40 MINUTES 14 SECONDS WEST 246.87 FEET TO A POINT; THENCE PROCEED SOUTH 02 DEGREES 02 MINUTES 36 SECONDS EAST 369.16 FEET TO A POINT; THENCE PROCEED SOUTH 47 DEGREES 51 MINUTES 55 SECONDS EAST 465.94 FEET TO A POINT; THENCE PROCEED NORTH 89 DEGREES 11 MINUTES 41 SECONDS WEST 250.00 FEET TO A POINT; THENCE PROCEED SOUTH 06 DEGREES 08 MINUTES 50 SECONDS WEST 261.70 FEET TO A POINT; THENCE PROCEED NORTH 87 DEGREES 43 MINUTES 14 SECONDS WEST 100.00 FEET TO A POINT; THENCE PROCEED SOUTH 27 DEGREES 07 MINUTES 21 SECONDS EAST 93.58 FEET TO A POINT: THENCE PROCEED SOUTH 51 DEGREES 40 MINUTES 51 SECONDS WEST 91.67 FEET TO A POINT; THENCE PROCEED SOUTH 24 DEGREES 02 MINUTES 19 SECONDS EAST 28.50 FEET TO A POINT; THENCE PROCEED SOUTH 11 DEGREES 34 MINUTES 21 SECONDS WEST EXHIBIT A-1- 12411789.7 142.13 FEET TO A POINT; THENCE PROCEED SOUTH 23 DEGREES 19 MINUTES 16 SECONDS WEST 57.64 FEET TO A POINT; THENCE PROCEED SOUTH 87 DEGREES 55 MINUTES 58 SECONDS EAST 47.00 FEET TO A POINT; THENCE PROCEED SOUTH 03 DEGREES 51 MINUTES 24 SECONDS EAST 253 .68 FEET TO A POINT ALONG THE NORTHERN BOUNDARY OF THE VALLEY VIEW SUBDIVISION AS MORE PARTICULARLY DESCRIBED IN PLAT BOOK 00, 20__XXXX 0, XXXXXX XXXXXX, XXXXXXX RECORDS; THENCE PROCEED ALONG SAID BOUNDARY NORTH 89 DEGREES 14 MINUTES 06 SECONDS WEST 300.84 FEET TO A POINT; THENCE PROCEED SOUTH 89 DEGREES 18 MINUTES 03 SECONDS WEST 129.97 FEET TO A POINT; THENCE PROCEED SOUTH 89 DEGREES 21 MINUTES 21 SECONDS WEST 260.08 FEET TO A POINT; THENCE PROCEED SOUTH 89 DEGREES 17 MINUTES 46 SECONDS WEST 130.05 FEET TO A POINT; THENCE PROCEED NORTH 89 DEGREES 56 MINUTES 55 SECONDS WEST A DISTANCE OF 145.07 FEET TO A POINT ON SAID RIGHT-OF-WAY OF XXXXXXX-XXXXXXXX ROAD AND THE TRUE POINT OF BEGINNING; CONTAINING 24.74 ACRES AS MORE PARTICULARLY DESCRIBED ON THAT CERTAIN PLAT OF SURVEY FOR NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, MAGNOLIA COMMONS JOINT VENTURE AND CHICAGO TITLE INSURANCE COMPANY, PREPARED BY BLUE RIDGE ENGINEERING, INC., DATED SEPTEMBER 17, 1994, LAST REVISED MARCH 21, 1995, BEARING THE SEAL AND CERTIFICATION OF X. XXXX XXXXX, XXXXXXX PROFESSIONAL LAND SURVEYOR NO. Effective Date2339. APN: The date this Grant Deed is recorded in the Official Records of San Bernardino County. GRANTOR: , a By: Name: Its: This Notary Acknowledgement is attached to a document entitled GRANT 18 363 01 005 and 18 363 01 006 EXHIBIT A-2- 12411789.7 EXHIBIT B [FORM OF DEED. 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 ) ) COUNTY OF ) On __________________, 20__ before me, _________________________________, 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. Signature] After recording please return to: ____________________________ ____________________________ ____________________________ ____________________________ LIMITED WARRANTY DEED STATE OF GEORGIA COUNTY OF DEKALB THIS INDENTURE is made as of the _____ day of _________________, 201__, between XXX XXXXXXXXX ST. XXXXXXX OWNER LLC, a Delaware limited liability company (“Grantor”), and _______________, a ________________ (Seal“Grantee”) EXHIBIT (the words “AGrantor” TO GRANT DEED LEGAL DESCRIPTION All that certain real property located in the City of Rancho Cucamongaand “Grantee” include all genders, County of San Bernardino, State of California, more fully described as follows: APN[s]: [0229-121-33-0-000, 0229-121-34-0-000plural and singular, and 0229-131-19-0-000] [0229-121-35-0-000]. (End of Legal Description) EXHIBIT “B” TO GRANT DEED PERMITTED EXCEPTIONS [TO BE COMPLETED PRIOR TO CLOSING] SCHEDULE “1” TO GRANT DEED RESERVED WATER RIGHTS Grantor (as a successor-in-interest to a portion of their respective heirs, successors and assigns where the overlying non-agricultural water rights formerly held by Ameroncontext requires or permits), holds rights to produce groundwater in the Chino Basin as were adjudicated by the Superior Court for the County of San Bernardino in Chino Basin Municipal Water District v City of Chino, et al., Case No. RCV 51010 (formerly Case No. 164327), which resulted in a judgment signed on January 27, 1978, as subsequently amended and restated (the “Water Rights Judgment”). Grantor’s reserved water rights include the following water rights in the Chino Basin, as shown by Watermaster’s latest Assessment Package approved on November 19, 2020 for Fiscal Year (“FY”) 2020/2021 (Production Year 2019/2020):
Appears in 1 contract
Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Steadfast Income REIT, Inc.)
ACCEPTANCE BY ESCROW HOLDER. Fidelity National Title Insurance Company hereby acknowledges that it has received originally-originally executed counterparts or a fully-fully executed original of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions, Instructions and agrees to act as Escrow Holder thereunder, thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. Dated: September 29July 15, 2021 “ESCROW HOLDER” FIDELITY NATIONAL TITLE, NATIONAL COMMERCIAL SERVICES 2014 Fidelity National Title Insurance Company By: /s/ Xxxxxxxxx Xxxxxx Xxxxxxx Print Name: Xxxxxxxxx Xxxxxx TitleXxxxxxx Its Authorized Agent: SVP, Operations Vice President EXHIBIT “A” A LEGAL DESCRIPTION OF THE LAND All that certain real property located in the City of Rancho CucamongaPROPERTY Xxx 0, County of San Bernardino, State of California, more fully described as follows: TRACT A: PARCEL 1: PARCEL 3 OF PARCEL MAP NO. 7847, IN XXX XXXX XX XXXXXX XXXXXXXXX, XXXXXX XX XXX XXXXXXXXXXXxxxx X, XXXXX OF CALIFORNIAXXXXX XXXXXXX ONE, AS PER PLAT RECORDED IN BOOK 82 OF PARCEL MAPSa subdivision in Xxxxxx County, PAGES 48 THROUGH 51Texas, INCLUSIVEaccording to the map or plat recorded in Volume 84, RECORDS OF SAID COUNTYPage 16B, of the Plat Records of Xxxxxx County, Texas. PARCEL 2: AN EASEMENT FOR ACCESS ROAD PURPOSES AS CREATED BY SECTION 1.7 OF THAT CERTAIN JOINT USAGE AND EASEMENT AGREEMENT DATED AS OF NOVEMBER 28, 1983 AND RECORDED ON NOVEMBER 29, 1983 AS INSTRUMENT NO. 83-280362 OF OFFICIAL RECORDS. TRACT B: PARCEL 2 OF PARCEL MAP NO. 2421, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGE 00 XX XXXXXX XXXX, XXXXXXX XX XXX XXXXXXXXXX XXXXXX. TRACT C: THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND ON FILE IN THE DISTRICT LAND OFFICE, DESCRIBED AS PARCEL 4 IN DEED TO AMERICAN PIPE AND CONSTRUCTION CO., A CORPORATION, RECORDED SEPTEMBER 18, 1968, IN BOOK 7095, PAGE 764, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING WESTERLY OF A LINE, PARALLEL WITH AND DISTANT EASTERLY, 230.00 FEET, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED SURVEYED REFERENCED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SOUTHWEST 1/4, SAID POINT BEING NORTH 89° 56’ 18” WEST 1152.25 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE NORTHEAST CORNER OF SAID SOUTHWEST 1/4, SAID POINT ALSO BEING SOUTH 89° 56’ 18” EAST 1499.15 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE WEST 1/4 CORNER OF SAID SECTION 8; THENCE SOUTH 1° 12’ 19” WEST 2646.78 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID SECTION, SAID POINT BEING NORTH 89° 59’ 30” EAST 1452.58 FEET, MEASURED ALONG SAID SOUTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE SOUTHWEST CORNER OF SAID SECTION 8. EXCEPTING THEREFROM 1/2 OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER OR THAT MAY BE PRODUCED FROM A DEPTH BELOW 500 FEET BELOW THE SURFACE OF ALL OF SAID LAND, WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF ANY OF SAID LAND FOR THE PURPOSE OF MINING, DRILLING, EXPLORING OR EXTRACTING SUCH OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, OR MINERALS, OR OTHER USE OF OR RIGHTS IN OR TO ANY PORTION OF THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, BUT WITH THE RIGHT TO DRILL INTO, LOCATE XXXXX AND PRODUCE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OR MINERALS FROM ANY PORTION OF SAID LAND WHICH LIES BELOW 500 FEET FROM THE SURFACE THEREOF, TOGETHER WITH THE RIGHT TO EXPLORE FOR, DRILL AND EXTRACT OIL, GAS OR OTHER HYDROCARBON SUBSTANCES OR MINERAL FROM LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED BY MEANS OF DIRECTIONAL DRILLING OR MINING THROUGH SAID LANDS FROM A WELL SITE OR TUNNEL SITE SITUATED UPON LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED, AS RESERVED IN DEED RECORDED MAY 5, 1955, IN BOOK 3637, PAGE 135, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL URANIUM, THORIUM AND OTHER FISSIONABLE MATERIALS, ALL OIL, GAS, PETROLEUM, ASPHALTUM, AND OTHER HYDROCARBON SUBSTANCES AND OTHER MINERALS AND MINERAL ORES OF EVERY KIND AND CHARACTER, WHETHER SIMILAR TO THESE HEREIN SPECIFIED OR NOT, AS RESERVED IN DEED RECORDED DECEMBER 19, 1974, IN BOOK 8580, PAGE 21, OFFICIAL RECORDS. TRACT D: PARCEL XX. 0, XXXXXX XXX XX. 0000, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 82 OF PARCEL MAPS, PAGES 48 TO 51, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF JUNEBERRY DRIVE AS VACATED BY THAT CERTAIN RESOLUTION 89-158 BY THE CITY COUNTY OF THE CITY OF RANCHO CUCAMONGA, RECORDED APRIL 24, 1989, AS INSTRUMENT NO. 89-144726, OFFICIAL RECORDS. EXCEPT THEREFROM ONE-HALF OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS AND UNDER OR THAT MAY BE PRODUCED FROM A DEPTH OF 500 FEET BELOW THE SURFACE OF ALL OF SAID LAND, WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF ANY OF SAID LAND FOR THE PURPOSE OF MINING, DRILLING, EXPLORING OR EXTRACTING SUCH GAS, OIL, AND OTHER HYDROCARBON SUBSTANCES OR MINERALS, OR OTHER USE OF OR RIGHT IN OR TO ANY PORTION OF THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, BUT WITH THE RIGHT TO DRILL INTO, LOCATE XXXXX AND PRODUCE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OR MINERALS FROM ANY PORTION OF SAID LAND WHICH LIES BELOW 500 FEET FROM THE SURFACE THEREOF, TOGETHER WITH THE RIGHT TO EXPLORE FOR, DRILL AND EXTRACT OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OF MINERALS FROM OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED BY MEANS OF DIRECTIONAL DRILLING OR MINING THROUGH SAID LAND FROM A WELL SITE, DRILL SITE OR TUNNEL SITE SITUATED UPON LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED AS RESERVED IN THE DEED FROM XXXXXXX X. XXXX AND XXXXXX XXXX, RECORDED MAY 5, 1955 IN BOOK 3637, PAGE 135 OF OFFICIAL RECORDS. For conveyancing purposes only: APN 0229-131-19-0-000 (Affects Tract A) APN: 0229-121-33-0-000 (Affects Tract B) APN: 0229-121-34-0-000 (Affects Tract C) APN: 0229-121-35-0-000 (Affects Tract D) (End of Legal Description) EXHIBIT “B” A-1- EXHIBIT B FORM OF GRANT DEED SPECIAL WARRANTY DEED __________SPACE ABOVE THIS LINE FOR RECORDING REQUESTED BY: DATA__________ Title Insurance Company WHEN RECORDED MAIL TONOTICE OF CONFIDENTIALITY RIGHTS: MAIL TAX STATEMENTS TOIF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: (SPACE ABOVE THIS LINE FOR RECORDER’S USE) APN[s]: [0229-121-33-0-000, 0229-121-34-0-000, and 0229-131-19-0-000] [0229-121-35-0-000]YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE UNDERSIGNED GRANTOR DECLARES DOCUMENTARY TRANSFER TAX STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF XXXXXX § THIS SPECIAL WARRANTY DEED (this "Deed") is $______________________ [X] Computed on full value of property conveyed, or [__] Computed on full value less value of liens and encumbrances remaining at time of sale. [__] Unincorporated Area; [X] City of Rancho Cucamonga. THE UNDERSIGNED GRANTOR DECLARES: The document is exempt from the $75 fee per California Government Code Section 27388.1 because the document is a transfer of real property subject to the imposition of documentary transfer tax. California Government Code Section 27388.1(a)(2). GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, _____________, a ____________ (“Grantor”), hereby GRANTS to _____________, a ____________ (“Grantee”), that certain real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (the “Land”). [Grantor reserves the water rights associated with the Land and more particularly described on Schedule “1” attached hereto.] This Grant Deed is and made and delivered, and title to the aforesaid property is conveyed, subject to those items set forth on the attached Exhibit “B”. Executed as of this the ____ day of __________, 20__. Effective Date: The date this Grant Deed is recorded in the Official Records of San Bernardino County. GRANTOR: , a By: Name: Its: This Notary Acknowledgement is attached to a document entitled GRANT DEED. 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 ) ) COUNTY OF ) On __________________, 20__ before mefrom STONEMARK S/SV, _________________________________LP, personally appeared _________________________a Delaware limited partnership (hereinafter referred to as "Grantor") to __________________________________, who proved its successors and assigns (hereinafter referred 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(iesas "Grantee"), 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: ________having an address at___________________________ IN CONSIDERATION of the sum of Ten Dollars (Seal$10.00) EXHIBIT “A” TO GRANT DEED LEGAL DESCRIPTION All and other good and valuable consideration paid by Grantee to Grantor, the receipt and sufficiency of which are hereby acknowledged, Grantor has sold, conveyed and granted and does hereby sell, convey and grant unto Grantee, its successors and assigns, with special warranty, that certain real property located lying and being situated in the City of Rancho CucamongaXxxxxx County, County of San Bernardino, State of California, more fully described as follows: APN[s]: [0229-121-33-0-000, 0229-121-34-0-000Texas, and 0229-131-19-0-000] [0229-121-35-0-000]. (End described on Exhibit A attached hereto and incorporated herein by reference, together with all improvements thereon and all right, title and interest of Legal Description) EXHIBIT “B” TO GRANT DEED PERMITTED EXCEPTIONS [TO BE COMPLETED PRIOR TO CLOSING] SCHEDULE “1” TO GRANT DEED RESERVED WATER RIGHTS Grantor (in any oil, gas and other minerals in, on and under and that may be produced from the land, as a successor-in-well as all development rights, land use entitlements, including without limitation, air rights, water, water rights, wastewater and other utility commitments, allocations, and permits, and related rights appurtenant to the land, if any, and all of Grantor's right, title and interest to a portion as of the overlying nondate hereof in and to: (a) all privileges, rights, easements and appurtenances belonging to such land; (b) all streets, alleys, passages and other rights-agricultural water rights formerly held by Ameronof-way or appurtenances, included in and adjacent to said property (collectively, the "Property"), holds rights to produce groundwater in the Chino Basin as were adjudicated by the Superior Court ; Grantee assumes all liability for and shall pay all taxes due for the County Property for the 20__ year and all subsequent years. EXHIBIT B To have and to hold the premises aforesaid with all and singular, the rights, privileges, appurtenances and immunities thereto belonging or in any wise appertaining unto Grantee and Grantee's successors and assigns forever. Grantor will warrant specially and defend the title to said premises unto the said Grantee and unto Grantee's successors and assigns forever, against the lawful claims and demands of San Bernardino in Chino Basin Municipal Water District v City of Chinoall persons claiming by, et al.under or through Grantor, Case Nobut not otherwise, subject however, to the Permitted Encumbrances (herein so called) described on Exhibit B attached hereto and expressly made a part hereof. RCV 51010 (formerly Case No. 164327), which resulted in a judgment signed on January 27, 1978, as subsequently amended and restated (the “Water Rights Judgment”). Grantor’s reserved water rights include the following water rights in the Chino Basin, as shown by Watermaster’s latest Assessment Package approved on November 19, 2020 for Fiscal Year (“FY”) 2020/2021 (Production Year 2019/2020):EXHIBIT B
Appears in 1 contract
Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Steadfast Apartment REIT, Inc.)
ACCEPTANCE BY ESCROW HOLDER. Fidelity National First American Title hereby Insurance Company acknowledges that it has received originally-a fully executed original or original executed counterparts or a fully-executed original of the foregoing Agreement of Purchase and Sale Agreement and Joint Escrow Instructions, Instructions (the “Agreement”) and agrees to act as Escrow Holder thereunder, under the Agreement and to be bound by and strictly perform the terms thereof as such terms apply to Escrow Holder. Dated: September 29May 13, 2021 “ESCROW HOLDER” FIDELITY NATIONAL TITLE, NATIONAL COMMERCIAL SERVICES 2009 COMMONWEALTH LAND TITLE COMPANY By: /s/ Xxxxxxxxx Xxxxxx Xxxxxxxx Name: Xxxxxxxxx Xxxxxx TitleXxxxxxxx Its: SVP, Operations Escrow Officer EXHIBIT “A” A LEGAL DESCRIPTION OF THE LAND PROPERTY All that certain real property located situated in the City of Rancho Cucamonga, County of San BernardinoRiverside, State of California, more fully described as follows: TRACT PARCEL A: PARCEL 1: PARCEL 3 OF PARCEL MAP NO. 7847, IN XXX XXXX XX XXXXXX XXXXXXXXX, XXXXXX XX XXX XXXXXXXXXX, XXXXX OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 82 OF PARCEL MAPS, PAGES 48 THROUGH 51, INCLUSIVE, RECORDS OF SAID COUNTY. PARCEL 2: AN EASEMENT FOR ACCESS ROAD PURPOSES AS CREATED BY SECTION 1.7 OF THAT CERTAIN JOINT USAGE AND EASEMENT AGREEMENT DATED AS OF NOVEMBER 28, 1983 AND RECORDED ON NOVEMBER 29, 1983 AS INSTRUMENT NO. 83-280362 OF OFFICIAL RECORDS. TRACT B: PARCEL 2 OF PARCEL MAP NO. 2421, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGE 00 XX XXXXXX XXXX, XXXXXXX XX XXX XXXXXXXXXX XXXXXX. TRACT C: THAT PORTION SOUTH HALF OF THE SOUTHWEST 1/4 QUARTER OF SECTION 814, TOWNSHIP 1 5 SOUTH, RANGE 6 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY. EXCEPTING THEREFROM THAT PORTION THEREOF INCLUDED IN THE COUNTY OF SAN BERNARDINOROMOLA FARMS NO. 15, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND AS SHOWN BY MAP ON FILE IN BOOK 15, PAGES 98, 99 AND 100 OF MAPS, RIVERSIDE COUNTY RECORDS. ALSO EXCEPTING THEREFROM THE DISTRICT LAND OFFICESOUTHERLY 390 FEET OF SAID SOUTHWEST QUARTER AS GRANTED TO SOUTHERN CALIFORNIA EDISON COMPANY BY DEED RECORDED MAY 13, DESCRIBED 1969 AS INSTRUMENT NO. 46789 OF OFFICIAL RECORDS. PARCEL 4 IN DEED TO AMERICAN PIPE AND CONSTRUCTION CO.B: LOTS 1686, A CORPORATION1687, RECORDED SEPTEMBER 181690, 19681691, 1692, 1693 OF ROMOLA FARMS 15 AS SHOWN BY MAP ON FILE IN BOOK 709515, PAGE 764PAGES 98, OFFICIAL RECORDS 99 AND 100 OF MAPS, RIVERSIDE COUNTY RECORDS, TOGETHER WITH THAT PORTION OF SAN JACINTO ROAD (LOT “V”) ADJOINING SAID LOTS 1686 AND 1687 ON THE EAST AND LOTS 1690 AND 1691 ON THE WEST, AND THAT PORTION OF PALOMAR ROAD (LOT “W”) ADJOINING LOTS 1692 AND 1693 ON THE EAST, WHICH WOULD PASS WITH A CONVEYANCE OF SAID LAND. PARCEL C: THE SOUTHERLY 390 FEET OF THE SOUTHWEST ONE-QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN. EXCEPTING THEREFROM THAT PORTION THEREOF INCLUDED WITHIN ROMOLA FARMS 15 AS SHOWN ON MAP ON FILE IN BOOK 15, PAGES 98, 99 AND 100 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING WESTERLY OF A LINECOUNTY. PARCEL D: XXXX 0000, PARALLEL WITH AND DISTANT EASTERLY0000, 230.00 FEET, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED SURVEYED REFERENCED LINE: BEGINNING AT A POINT 0000 XXX 0000 XX XXXXXX FARMS 15 AS SHOWN ON THE NORTHERLY LINE OF SAID SOUTHWEST 1/4, SAID POINT BEING NORTH 89° 56’ 18” WEST 1152.25 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE NORTHEAST CORNER OF SAID SOUTHWEST 1/4, SAID POINT ALSO BEING SOUTH 89° 56’ 18” EAST 1499.15 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE WEST 1/4 CORNER OF SAID SECTION 8; THENCE SOUTH 1° 12’ 19” WEST 2646.78 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID SECTION, SAID POINT BEING NORTH 89° 59’ 30” EAST 1452.58 FEET, MEASURED ALONG SAID SOUTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE SOUTHWEST CORNER OF SAID SECTION 8. EXCEPTING THEREFROM 1/2 OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER OR THAT MAY BE PRODUCED FROM A DEPTH BELOW 500 FEET BELOW THE SURFACE OF ALL OF SAID LAND, WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF ANY OF SAID LAND FOR THE PURPOSE OF MINING, DRILLING, EXPLORING OR EXTRACTING SUCH OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, OR MINERALS, OR OTHER USE OF OR RIGHTS IN OR TO ANY PORTION OF THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, BUT WITH THE RIGHT TO DRILL INTO, LOCATE XXXXX AND PRODUCE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OR MINERALS FROM ANY PORTION OF SAID LAND WHICH LIES BELOW 500 FEET FROM THE SURFACE THEREOF, TOGETHER WITH THE RIGHT TO EXPLORE FOR, DRILL AND EXTRACT OIL, GAS OR OTHER HYDROCARBON SUBSTANCES OR MINERAL FROM LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED BY MEANS OF DIRECTIONAL DRILLING OR MINING THROUGH SAID LANDS FROM A WELL SITE OR TUNNEL SITE SITUATED UPON LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED, AS RESERVED IN DEED RECORDED MAY 5, 1955, MAP ON FILE IN BOOK 3637, PAGE 135, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL URANIUM, THORIUM AND OTHER FISSIONABLE MATERIALS, ALL OIL, GAS, PETROLEUM, ASPHALTUM, AND OTHER HYDROCARBON SUBSTANCES AND OTHER MINERALS AND MINERAL ORES OF EVERY KIND AND CHARACTER, WHETHER SIMILAR TO THESE HEREIN SPECIFIED OR NOT, AS RESERVED IN DEED RECORDED DECEMBER 19, 1974, IN BOOK 8580, PAGE 21, OFFICIAL RECORDS. TRACT D: PARCEL XX. 0, XXXXXX XXX XX. 0000, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 82 OF PARCEL MAPS15, PAGES 48 TO 5198, INCLUSIVE, 99 AND 100 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF JUNEBERRY DRIVE SAN JACINTO ROAD (LOT V) ADJACENT TO SAID LOTS 1688 AND 1689 AND THAT PORTION OF PALOMAR ROAD (LOT W) ADJACENT TO SAID LOTS 1694 AND 1698 AND THAT PORTION OF XXXXX ROAD (LOT Y) ADJACENT TO SAID LOTS 1688 AND 1695, AS VACATED BY THAT CERTAIN RESOLUTION 89-158 BY SAID ROADS ARE SHOWN ON SAID MAP WHICH WOULD PASS WITH A CONVEYANCE OF SAID LOTS 1688, 1689, 1694 AND 1695. PARCEL E: PARCELS 1 TO 3 AND XXXX 0 XX 0 XXXXXXXXX XX XXXXXX XXX 00000, XX THE CITY COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 98, PAGE 59 OF PARCEL MAPS, IN THE CITY OFFICE OF RANCHO CUCAMONGATHE COUNTY RECORDER OF SAID COUNTY. PARCEL F: BEING THAT PORTION OF PARCELS 4 AND 5, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP 15905 RECORDED APRIL 24IN BOOK 98, 1989PAGE 59 OF PARCEL MAPS, OFFICIAL RECORDS OF SAID COUNTY, SHOWN AS PARCEL “B” OF LOT LINE ADJUSTMENT 4895 RECORDED JUNE 30, 2005 AS INSTRUMENT NO. 892005-144726, OFFICIAL RECORDS. EXCEPT THEREFROM ONE-HALF OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS AND UNDER OR THAT MAY BE PRODUCED FROM A DEPTH OF 500 FEET BELOW THE SURFACE OF ALL OF SAID LAND, WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF ANY OF SAID LAND FOR THE PURPOSE OF MINING, DRILLING, EXPLORING OR EXTRACTING SUCH GAS, OIL, AND OTHER HYDROCARBON SUBSTANCES OR MINERALS, OR OTHER USE OF OR RIGHT IN OR TO ANY PORTION OF THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, BUT WITH THE RIGHT TO DRILL INTO, LOCATE XXXXX AND PRODUCE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OR MINERALS FROM ANY PORTION OF SAID LAND WHICH LIES BELOW 500 FEET FROM THE SURFACE THEREOF, TOGETHER WITH THE RIGHT TO EXPLORE FOR, DRILL AND EXTRACT OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OF MINERALS FROM OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED BY MEANS OF DIRECTIONAL DRILLING OR MINING THROUGH SAID LAND FROM A WELL SITE, DRILL SITE OR TUNNEL SITE SITUATED UPON LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED AS RESERVED IN THE DEED FROM XXXXXXX X. XXXX AND XXXXXX XXXX, RECORDED MAY 5, 1955 IN BOOK 3637, PAGE 135 520051 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 23, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ALSO BEING THE SOUTHEAST CORNER OF SAID PARCEL 5, AS SHOWN ON SAID MAP; THENCE PROCEEDING COINCIDENT WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, ALSO BEING THE SOUTH LINE OF SAID PARCEL 5, SOUTH 89° 24’ 08” WEST 328 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 5; THENCE LEAVING LAST SAID LINE AND PROCEEDING COINCIDENT WITH THE WEST LINE OF SAID PARCEL 5 NORTH 00° 16’ 53” WEST 860.10 FEET TO A POINT OF THE SOUTHEAST CORNER OF SATO PARCEL 4 AND THE TRUE POINT OF BEGINNING; THENCE PROCEEDING COINCIDENT WITH SOUTH LINE OF SAID PARCEL 4, NORTH 89° 39’ 22” WEST 484 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 4; THENCE PROCEEDING COINCIDENT WITH THE WEST LINE OF SAID PARCEL 4 NORTH 00” 16’ 56” WEST 1757.42 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 4, ALSO BEING THE SOUTHWEST CORNER OF LOT “G” (XXXXX ROAD) AS SHOWN ON SAID MAP; THENCE PROCEEDING COINCIDENT WITH THE WEST LINE OF SAID LOT “G” NORTH 00° 16’ 56” WEST 50 FEET TO THE NORTHWEST CORNER OF SAID LOT “G”; THENCE PROCEEDING COINCIDENT WITH THE NORTH LINE OF SAID LOT “G” AND LOT “H” AS SHOWN ON SAID MAP NORTH 89° 58’ 51” EAST 812 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT “H”; THENCE PROCEEDING COINCIDENT WITH THE EAST LINE OF LOT “T” (PALOMAR ROAD) AS SHOWN ON SAID MAP SOUTH 00° 16’ 53” EAST 1313.67 FEET; THENCE LEAVING LAST SAID LINE AND PROCEEDING SOUTH 89° 55’ 58” WEST 30 FEET TO THE WEST LINE OF SAID LOT “I”, ALSO BEING THE EAST LINE OF SAID PARCEL 5; THENCE CONTINUING ON LAST SAID LINE SOUTH 89° 55’ 58” WEST 268 FEET; THENCE SOUTH 48°30’ 04” WEST 182.08 FEET; THENCE SOUTH 18° 27’47” WEST 126.80 FEET; THENCE SOUTH 30° 13’ 54” EAST 295.87 FEET TO THE TRUE POINT OF BEGINNING. For conveyancing purposes only: APN 0229-131-19-0-000 (Affects Tract A) APN: 0229-121-33-0-000 (Affects Tract B) APN: 0229-121-34-0-000 (Affects Tract C) APN: 0229-121-35-0-000 (Affects Tract D) (End of Legal Description) EXHIBIT “B” B FORM OF GRANT DEED RECORDING REQUESTED BY: __________ Title Insurance Company WHEN RECORDED MAIL TO: TO AND MAIL TAX STATEMENTS TO: (SPACE ABOVE THIS LINE FOR RECORDER’S USESpace above this line is for recorder’s use) APN[s]: [0229-121-33-0-000, 0229-121-34-0-000, and 0229-131-19-0-000] [0229-121-35-0-000]. THE UNDERSIGNED GRANTOR DECLARES DOCUMENTARY TRANSFER TAX is $______________________ [X] Computed on full value of property conveyed, or [__] Computed on full value less value of liens and encumbrances remaining at time of sale. [__] Unincorporated Area; [X] City of Rancho Cucamonga. THE UNDERSIGNED GRANTOR DECLARES: The document is exempt from the $75 fee per California Government Code Section 27388.1 because the document is a transfer of real property subject to the imposition of documentary transfer tax. California Government Code Section 27388.1(a)(2). GRANT DEED FOR VALUABLE CONSIDERATIONIn accordance with Section 11932 of the California Revenue and Taxation Code, receipt Grantor has declared the amount of transfer tax which is hereby acknowledgeddue by a separate statement that is not being recorded with this Grant Deed. FOR VALUE RECEIVED, _____________, a ____________ U.S. Bank National Association (“Grantor”), hereby GRANTS grants to _____________SPT-Lake Elsinore Holding Co., LLC, a ____________ (“Grantee”)Delaware limited liability company, that certain real property located (the “Property”) situated in the City of Rancho CucamongaMenifee, County of San BernardinoRiverside, State of California, more particularly described in Exhibit “A” A attached hereto and incorporated herein by reference (the “Land”)reference. [Grantor reserves the water rights associated with the Land and more particularly described on Schedule “1” attached hereto.] This Grant Deed is and made and delivered, and title to the aforesaid property is conveyed, subject to those items set forth on the attached Exhibit “B”. Executed as of this ___ day of __________, 20__. Effective Date: The date this Grant Deed is recorded in the Official Records of San Bernardino County. GRANTOR: , a By: Name: Its: This Notary Acknowledgement is attached to a document entitled GRANT DEED. 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 ) ) COUNTY OF ) On __________________, 20__ before me, _________________________________, 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. Signature: ___________________________________ (Seal) EXHIBIT “A” THE PROPERTY IS CONVEYED TO GRANT DEED LEGAL DESCRIPTION All that certain real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, more fully described as follows: APN[s]: [0229-121-33-0-000, 0229-121-34-0-000, and 0229-131-19-0-000] [0229-121-35-0-000]. (End of Legal Description) EXHIBIT “B” TO GRANT DEED PERMITTED EXCEPTIONS [TO BE COMPLETED PRIOR TO CLOSING] SCHEDULE “1” TO GRANT DEED RESERVED WATER RIGHTS Grantor (as a successor-in-interest to a portion of the overlying non-agricultural water rights formerly held by Ameron), holds rights to produce groundwater in the Chino Basin as were adjudicated by the Superior Court for the County of San Bernardino in Chino Basin Municipal Water District v City of Chino, et al., Case No. RCV 51010 (formerly Case No. 164327), which resulted in a judgment signed on January 27, 1978, as subsequently amended and restated (the “Water Rights Judgment”). Grantor’s reserved water rights include the following water rights in the Chino Basin, as shown by Watermaster’s latest Assessment Package approved on November 19, 2020 for Fiscal Year (“FY”) 2020/2021 (Production Year 2019/2020):GRANTEE SUBJECT TO:
Appears in 1 contract
Samples: Agreement of Purchase and Sale and Joint Escrow Instructions (Shopoff Properties Trust, Inc.)
ACCEPTANCE BY ESCROW HOLDER. Fidelity National First American Title Insurance Company hereby acknowledges that it has received originally-originally executed counterparts or a fully-fully executed original of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions, Instructions and agrees to act as Escrow Holder thereunder, thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. Dated: September 29_December 2__, 2021 “ESCROW HOLDER” FIDELITY NATIONAL TITLE, NATIONAL COMMERCIAL SERVICES 2016 First American Title Insurance Company By: /s/ Xxxxxxxxx Xxxxxx Name: Xxxxxxxxx Xxxxxx Title: SVP, Operations EXHIBIT “A” LEGAL DESCRIPTION OF THE LAND All that certain real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, more fully described as follows: TRACT A: PARCEL 1: PARCEL 3 OF PARCEL MAP NO. 7847, IN XXX XXXX XX XXXXXX XXXXXXXXX, XXXXXX XX XXX XXXXXXXXXX, XXXXX OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 82 OF PARCEL MAPS, PAGES 48 THROUGH 51, INCLUSIVE, RECORDS OF SAID COUNTY. PARCEL 2: AN EASEMENT FOR ACCESS ROAD PURPOSES AS CREATED BY SECTION 1.7 OF THAT CERTAIN JOINT USAGE AND EASEMENT AGREEMENT DATED AS OF NOVEMBER 28, 1983 AND RECORDED ON NOVEMBER 29, 1983 AS INSTRUMENT NO. 83-280362 OF OFFICIAL RECORDS. TRACT B: PARCEL 2 OF PARCEL MAP NO. 2421, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGE 00 XX XXXXXX XXXX, XXXXXXX XX XXX XXXXXXXXXX XXXXXX. TRACT C: THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND ON FILE IN THE DISTRICT LAND OFFICE, DESCRIBED AS PARCEL 4 IN DEED TO AMERICAN PIPE AND CONSTRUCTION CO., A CORPORATION, RECORDED SEPTEMBER 18, 1968, IN BOOK 7095, PAGE 764, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING WESTERLY OF A LINE, PARALLEL WITH AND DISTANT EASTERLY, 230.00 FEET, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED SURVEYED REFERENCED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SOUTHWEST 1/4, SAID POINT BEING NORTH 89° 56’ 18” WEST 1152.25 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE NORTHEAST CORNER OF SAID SOUTHWEST 1/4, SAID POINT ALSO BEING SOUTH 89° 56’ 18” EAST 1499.15 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE WEST 1/4 CORNER OF SAID SECTION 8; THENCE SOUTH 1° 12’ 19” WEST 2646.78 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID SECTION, SAID POINT BEING NORTH 89° 59’ 30” EAST 1452.58 FEET, MEASURED ALONG SAID SOUTHERLY LINE FROM A FOUND COUNTY SURVEYOR’S MONUMENT SET AT THE SOUTHWEST CORNER OF SAID SECTION 8. EXCEPTING THEREFROM 1/2 OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER OR THAT MAY BE PRODUCED FROM A DEPTH BELOW 500 FEET BELOW THE SURFACE OF ALL OF SAID LAND, WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF ANY OF SAID LAND FOR THE PURPOSE OF MINING, DRILLING, EXPLORING OR EXTRACTING SUCH OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, OR MINERALS, OR OTHER USE OF OR RIGHTS IN OR TO ANY PORTION OF THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, BUT WITH THE RIGHT TO DRILL INTO, LOCATE XXXXX AND PRODUCE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OR MINERALS FROM ANY PORTION OF SAID LAND WHICH LIES BELOW 500 FEET FROM THE SURFACE THEREOF, TOGETHER WITH THE RIGHT TO EXPLORE FOR, DRILL AND EXTRACT OIL, GAS OR OTHER HYDROCARBON SUBSTANCES OR MINERAL FROM LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED BY MEANS OF DIRECTIONAL DRILLING OR MINING THROUGH SAID LANDS FROM A WELL SITE OR TUNNEL SITE SITUATED UPON LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED, AS RESERVED IN DEED RECORDED MAY 5, 1955, IN BOOK 3637, PAGE 135, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL URANIUM, THORIUM AND OTHER FISSIONABLE MATERIALS, ALL OIL, GAS, PETROLEUM, ASPHALTUM, AND OTHER HYDROCARBON SUBSTANCES AND OTHER MINERALS AND MINERAL ORES OF EVERY KIND AND CHARACTER, WHETHER SIMILAR TO THESE HEREIN SPECIFIED OR NOT, AS RESERVED IN DEED RECORDED DECEMBER 19, 1974, IN BOOK 8580, PAGE 21, OFFICIAL RECORDS. TRACT D: PARCEL XX. 0, XXXXXX XXX XX. 0000, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 82 OF PARCEL MAPS, PAGES 48 TO 51, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF JUNEBERRY DRIVE AS VACATED BY THAT CERTAIN RESOLUTION 89-158 BY THE CITY COUNTY OF THE CITY OF RANCHO CUCAMONGA, RECORDED APRIL 24, 1989, AS INSTRUMENT NO. 89-144726, OFFICIAL RECORDS. EXCEPT THEREFROM ONE-HALF OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS AND UNDER OR THAT MAY BE PRODUCED FROM A DEPTH OF 500 FEET BELOW THE SURFACE OF ALL OF SAID LAND, WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF ANY OF SAID LAND FOR THE PURPOSE OF MINING, DRILLING, EXPLORING OR EXTRACTING SUCH GAS, OIL, AND OTHER HYDROCARBON SUBSTANCES OR MINERALS, OR OTHER USE OF OR RIGHT IN OR TO ANY PORTION OF THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, BUT WITH THE RIGHT TO DRILL INTO, LOCATE XXXXX AND PRODUCE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OR MINERALS FROM ANY PORTION OF SAID LAND WHICH LIES BELOW 500 FEET FROM THE SURFACE THEREOF, TOGETHER WITH THE RIGHT TO EXPLORE FOR, DRILL AND EXTRACT OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OF MINERALS FROM OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED BY MEANS OF DIRECTIONAL DRILLING OR MINING THROUGH SAID LAND FROM A WELL SITE, DRILL SITE OR TUNNEL SITE SITUATED UPON LANDS OR PREMISES OTHER THAN THE LANDS ABOVE DESCRIBED AS RESERVED IN THE DEED FROM XXXXXXX X. XXXX AND XXXXXX XXXX, RECORDED MAY 5, 1955 IN BOOK 3637, PAGE 135 OF OFFICIAL RECORDS. For conveyancing purposes only: APN 0229-131-19-0-000 (Affects Tract A) APN: 0229-121-33-0-000 (Affects Tract B) APN: 0229-121-34-0-000 (Affects Tract C) APN: 0229-121-35-0-000 (Affects Tract D) (End of Legal Description) EXHIBIT “B” FORM OF GRANT DEED RECORDING REQUESTED BY: __________ Title Insurance Company WHEN RECORDED MAIL TO: MAIL TAX STATEMENTS TO: (SPACE ABOVE THIS LINE FOR RECORDER’S USE) APN[s]: [0229-121-33-0-000, 0229-121-34-0-000, and 0229-131-19-0-000] [0229-121-35-0-000]. THE UNDERSIGNED GRANTOR DECLARES DOCUMENTARY TRANSFER TAX is $__________/s/ Sosi Mikaelian____________ [X] Computed on full value of property conveyed, or [__] Computed on full value less value of liens and encumbrances remaining at time of sale. [__] Unincorporated Area; [X] City of Rancho Cucamonga. THE UNDERSIGNED GRANTOR DECLARES: The document is exempt from the $75 fee per California Government Code Section 27388.1 because the document is a transfer of real property subject to the imposition of documentary transfer tax. California Government Code Section 27388.1(a)(2). GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, _____________, a ____________ (“Grantor”), hereby GRANTS to _____________, a ____________ (“Grantee”), that certain real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (the “Land”). [Grantor reserves the water rights associated with the Land and more particularly described on Schedule “1” attached hereto.] This Grant Deed is and made and delivered, and title to the aforesaid property is conveyed, subject to those items set forth on the attached Exhibit “B”. Executed as of this ___ day of __________, 20__. Effective Date: The date this Grant Deed is recorded in the Official Records of San Bernardino County. GRANTOR: , a By: Print Name: Its_Sosi Mikaelian_________Its Authorized Agent 11476794.5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY TRACT 1 ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND XXX 000 XX XXX 0XX XXXX XXXXXXXX XX XXXXXXXX XXXXXX, XXXXXXX, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: This Notary Acknowledgement is attached to a document entitled GRANT DEEDTO FIND THE TRUE POINT OF BEGINNING, COMMENCE AT THE INTERSECTION OF THE SOUTHEAST RIGHT-OF-WAY OF SWEETWATER ROAD (80 FOOT RIGHT-OF-WAY) AND THE SOUTHWEST RIGHT-OF-WAY OF SWEETWATER CLUB DRIVE (80 FOOT RIGHT-OF-WAY); THENCE ALONG THE SOUTHEAST RIGHT-OF-WAY OF SWEETWATER ROAD ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 460.00 FEET, AN ARC LENGTH OF 239.59 FEET, AND BEING SUBTENDED BY A CHORD OF SOUTH 72 DEGREES 13 MINUTES 56 SECONDS WEST FOR A DISTANCE OF 236.89 FEET TO A POINT; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY SOUTH 87 DEGREES 09 MINUTES 12 SECONDS WEST FOR A DISTANCE OF 6.90 FEET TO A POINT; THENCE LEAVING SAID RIGHT-OF-WAY AND TRAVELING NORTH 28 DEGREES 50 MINUTES 48 SECONDS WEST FOR A DISTANCE OF 89.01 FEET TO A POINT ALONG THE NORTHWEST RIGHT-OF-WAY OF SWEETWATER ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE FROM SAID POINT AS THUS ESTABLISHED, LEAVING SAID RIGHT-OF-WAY NORTH 28 DEGREES 50 MINUTES 48 SECONDS WEST FOR 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 attachedDISTANCE OF 813.89 FEET TO A POINT, and not the truthfulnessSAID POINT MARKED BY 1 1/2 INCH OPEN TOP PIPE FOUND; THENCE NORTH 60 DEGREES 31 MINUTES 22 SECONDS EAST FOR A DISTANCE OF 1268.32 FEET TO A POINT, accuracySAID POINT MARKED BY 1/2 INCH REBAR PIN SET; THENCE SOUTH 29 DEGREES 28 MINUTES 38 SECONDS EAST FOR A DISTANCE OF 226.91 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SWEETWATER ROAD, or validity of that document STATE SAID POINT MARKED BY 1/2 INCH REBAR PIN SET; THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING FIVE (5) COURSES AND DISTANCES: SOUTH 28 DEGREES 06 MINUTES 54 SECONDS WEST FOR A DISTANCE OF ) ) COUNTY 763.43 FEET TO A POINT; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF ) On __________________610.96 FEET, 20__ before meAN ARC LENGTH OF 113.03 FEET, _________________________________AND BEING SUBTENDED BY A CHORD OF SOUTH 22 DEGREES 54 MINUTES 28 SECONDS WEST FOR A DISTANCE OF 112.87 FEET TO A POINT; THENCE SOUTH 17 DEGREES 36 MINUTES 28 SECONDS WEST FOR A DISTANCE OF 100.00 FEET TO A POINT, personally appeared ___________________________________________________________SAID POINT MARKED BY A 1/2 INCH REBAR PIN SET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 380.00 FEET, 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)AN ARC LENGTH OF 461.24 FEET, and that by his/her/their signature(s) on the instrument the person(s)AND BEING SUBTENDED BY A CHORD OF SOUTH 52 DEGREES 22 MINUTES 50 SECONDS WEST FOR A DISTANCE OF 433.45 FEET TO A POINT; THENCE SOUTH 87 DEGREES 09 MINUTES 12 SECONDS WEST FOR A DISTANCE OF 45.91 FEET TO A POINT, or the entity upon behalf of which the person(s) actedSAID POINT MARKED BY 1/2 INCH REBAR PIN SET, executed the instrumentSET POINT BEING TRUE POINT OF BEGINNING. 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. SignatureEXHIBIT A-1- 11476794.5 EXHIBIT B FORM OF DEED After recording please return to: ____________________________ ____________________________ ____________________________ ____________________________ LIMITED WARRANTY DEED STATE OF GEORGIA COUNTY OF GWINNETT THIS INDENTURE is made as of the _____ day of _________________, 2017, between VR SWEETWATER LIMITED PARTNERSHIP, a Delaware limited liability company (“Grantor”), and _______________, a ________________ (Seal“Grantee”) EXHIBIT (the words “AGrantor” TO GRANT DEED LEGAL DESCRIPTION All that certain real property located in the City of Rancho Cucamongaand “Grantee” include all genders, County of San Bernardino, State of California, more fully described as follows: APN[s]: [0229-121-33-0-000, 0229-121-34-0-000plural and singular, and 0229-131-19-0-000] [0229-121-35-0-000]. (End of Legal Description) EXHIBIT “B” TO GRANT DEED PERMITTED EXCEPTIONS [TO BE COMPLETED PRIOR TO CLOSING] SCHEDULE “1” TO GRANT DEED RESERVED WATER RIGHTS Grantor (as a successor-in-interest to a portion of their respective heirs, successors and assigns where the overlying non-agricultural water rights formerly held by Ameroncontext requires or permits), holds rights to produce groundwater in the Chino Basin as were adjudicated by the Superior Court for the County of San Bernardino in Chino Basin Municipal Water District v City of Chino, et al., Case No. RCV 51010 (formerly Case No. 164327), which resulted in a judgment signed on January 27, 1978, as subsequently amended and restated (the “Water Rights Judgment”). Grantor’s reserved water rights include the following water rights in the Chino Basin, as shown by Watermaster’s latest Assessment Package approved on November 19, 2020 for Fiscal Year (“FY”) 2020/2021 (Production Year 2019/2020):
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Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Steadfast Apartment REIT III, Inc.)