HomeMy WebLinkAbout2003-362
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RESOLUTION NO. 2003-362
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LAND LEASE AGREEMENT WITH VERIZON WIRELESS FOR
4 USE OF A PORTION OF AL GUHIN PARK, LOCATED AT 3652 WEST LITTLE
5 LEAGUE DRIVE (SAN BERNARDINO BLAST).
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and
directed to execute, on behalf of said City, a Land Lease Agreement with Verizon Wireless
relating to certain City-owned real property located at 3652 West Little League Drive (San
Bernardino Blast), a copy of which is attached hereto, marked Exhibit" I" and incorporated
herein by reference as fully as though set forth at length.
SECTION 3. The authorization to execute the above-referenced agreement is rescinded
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15 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
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resolution.
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2003-362
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LANIJ
LEASE AGREEMENT WITH VERIZON WIRELESS FOR USE OF A PORTION OF AL GUHIN PARJY.,
LOCATED AT 3652 WEST LITTLE LEAGUE DRIVE (SAN BERNARDINO BLAST).
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
3 Common Council of the City of San Bernardino at a
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joint regular
meeting thereof
held on the 15th day of December
wit:
Council Members: AYES NAYS
ESTRADA
LONGVILLE x
MCGINNIS x
DERRY x
SUAREZ x
ANDERSON x
x
MCCAMMACK
, 20~, by the following vote, to
ABSTAIN ABSENT
x
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The foregoing resolution is hereby approved this
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~ l;;. C-LclA.k ~
City Clerk
/""n,
December
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~ Approved as to form
and legal content:
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TH V ALLES, Mayor
of San Bernardino
JAMES F. PENMAN
City Attorney
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12/10/03
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5 k:ITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "Lessor",
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ORIGINAL
Site: Little League
APN: 0261-172-21'
Exhibit 'T'
LEASE
LAND LEASE AGREEMENT
THIS LAND LEASE AGREEMENT (Lease), IS made and entered into this
15th
day of
DECEMBER
, 20~, by and between the
6 land Los Angeles SMSA Limited Partnership dba Verizon Wireless, by AirTouch Cellular its
7 peneral Partner, hereinafter referred to as "Lessee".
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RECITALS
This Lease is made and entered into with respect to the following facts:
(a)
Lessor is the owner of the Premises herein described.
(b)
Lessee has requested permission to construct a mobile/wireless communications
13 ~acility to be located in the Southwesterly portion of Al Guhin Park, 3652 West Little League
14 !Drive, San Bernardino, California, 92407 (the "Property"), which Property is more particularly
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escribed in Exhibit "A-I" attached hereto, and Lessor is willing to lease a portion of the
roperty to Lessee upon the terms and conditions hereinafter set forth.
(c)
Lessee believes that the facility will not interfere with the Department of Parks
nd Recreation's operations or the public's use of the park.
(d)
This Lease is conditioned upon Lessee, or Lessee's assIgns, obtaining all
21 ~overnmental permits and approvals enabling Lessee. or its assigns to construct and operate
22 nobile/wireless communications facilities on the Premises.
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27 foot by fifty foot (30' x 50') area of Al Guhin Park, approximately one thousand five hundred
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NOW THEREFORE, the parties hereto agree as follows:
I.
Propertv Leased:
Lessor hereby leases to Lessee, and the Lessee hereby leases from Lessor, a thirty
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1,500) square feet, a portion of that certain parcel of property as more particularly described in
xhibit "A" attached hereto (the "Premises"), Said Premises includes any appurtenant facilities
nd applicable easements for access and utilities,
2, Term:
The term of this Lease shall be five (5) years, commencing with the issuance of a
uilding permit by the City of San Bernardino, allowing Lessee to construct its mobilelwireless
ommunications facilities on the Premises, or the date both Lessor and Lessee have executed
'aid Lease ("Commencement Date"), whichever is later. Lessee shall have the right to extend
he term of the Lease for five (5) additional terms of five (5) years each, Each renewal term shall
e on the terms and conditions set forth herein, This Lease shall automatically be extended for
ach successive five (5) year renewal term upon Lessor's receipt of Lessee's written notification
f intention to renew no later than ninety (90) days prior to the expiration of the first five (5) year
erm or any renewal term, In the event the Lessee decides not to extend this Lease, then Lessee
hall notify the Lessor in writing of Lessee's intention not to extend this Lease at least ninety
90) days prior to the expiration of the first five (5) year term or any renewal term,
3 Lease Pavments:
(a) Lessee shall pay Lessor the sum of three hundred dollars ($300,00) for a
(b)
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ame date of each month thereafter. Should the first and last payment of rent be for a partial
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onth, then only the pro-rata portion of the rent shall be paid.
Payments shall be directed to:
City of San Bernardino
Development Services Department/Real Property Section
300 North "0" Street
San Bernardino, CA 92418
(c) Rent shall be increased at the beginning of each renewal term by the
mount equal to fifteen percent (15%) of the rent for the previous term or renewal term,
4. Use Restrictions:
The Premises may be used by Lessee for any lawful activity in connection with
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ransmission and the reception of radio communication signals on various frequencies, and the
onstruction, maintenance and operation of related communications facilities. Lessor agrees to
'ooperate with Lessee, at Lessee's expense, in making application for and obtaining all licenses,
ermits, and any and all other necessary approvals that may be required for Lessee's intended
se of the Premises.
5. Improvements:
(a) Lessee shall have the right (but not the obligation) at any time prior to the
'ommencement Date, to enter the Premises for the purpose of making necessary engineering
surveys and inspections (and soil tests where applicable) and other reasonably necessary tests
"Tests") and for the purpose of determining the suitability of the Lessee Facilities (as defined
erein) for mobilelwireless communications operations. During any Tests, Lessee shall have
. nsurance as set forth in Paragraph 10, and will notify Lessor of any proposed tests, and will
oordinate the scheduling of same with Lessor. If Lessee determines that the Premises are
nsuitable for Lessee's contemplated use, then Lessee will notify Lessor and this Lease shall
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erminate. Lessee shall restore the Premises to the condition it was in prior to conducting the
ests.
(b)
Lessee shall have the right to erect, maintain and operate on the Premises,
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. ngress to and egress from said Premises over the Property, and shall allow Lessee access from
he nearest public roadway to the Premises at all times, and hereby grants such ingress and egress
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hall provide to Lessor a certificate of insurance and name Lessor as an additional insured for the
eneralliability policy, which certificate provides:
(a) On the Commercial General Liability policy that the City of San
ernardino is named as an additional insured for the acts or omissions of Lessee.
(b) The certificates will include the insurance company name, policy number,
eriod of coverage, and the amount of insurance.
(c) That the Real Property Section of the City of San Bernardino must be
iven notice in writing at least thirty (30) days prior to cancellation of the policy.
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12.
(a)
'nterest subject to property taxation, and that Lessee may be subject to the payment of property
axes levied on such interest. Lessee agrees to, and shall hold harmless, Lessor from any and all
iability for any such taxes due by virtue of Lessee's Facilities,
(b) Lessor warrants that it has full right, power and authority to execute this
L,ease. Lessor further warrants that Lessee shall have quiet enjoyment of the Premises during the
erm of this Lease or any renewal thereof.
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Compliance with Laws:
Lessee shall not sublet the premises, or any part thereof: or assign this Lease,
without Lessor's prior written consent, which consent shall not be unreasonably withheld.
'onditioned or delayed. Notwithstanding the foregoing, Lessee may assign or sublet this Lease
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Default:
Either party shall have the right to terminate this Lease upon thirty days notice to
he other, and upon the effective date of such termination, Lessor shall have the right of
. mmediate occupancy of the Premises, in the event the other party violates any of this Lease's
erms or conditions, and such violation is not corrected within thirty (30) days after written
otice is sent by the non-breaching party, provided that each party shall have such extended
eriod as may be required beyond the thirty (30) days if the nature of the cure is such that it
easonably requires more than thirty (30) days and said party commences the cure within the
hirty (30) day period and thereafter continuously and diligently pursues the cure to completion.
uch termination shall not relieve either party from liability for damages for breach of this Lease
r for injury to the Premises, Lessor may not maintain any action or effect any remedies for
efault against the Lessee unless and until the Lessee has failed to cure the same within the time
eriods provided in this Paragraph,
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Environmental:
Lessor represents that the Premises have not been used for the generation, storage,
reatment or disposal of hazardous substances, hazardous materials or hazardous wastes. In
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ddition, Lessor represents that no hazardous materials, hazardous substances, hazardous wastes,
ollutants, asbestos, polychlorinated biphenyls (PCBs), petroleum or other fuels (including crude
il or any fraction or derivative thereof) or underground storage tanks are located on or near the
remIses. Notwithstanding any other provision of this Lease, Lessee relies upon the
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5 epresentations stated herein as material inducement for entering into this Lease.
6 Lessee shall not bring any hazardous materials onto the Premises except for those
7 ontained in its back-up power batteries (lead-acid batteries) and common materials used in
8 elecommunications operations, e.g,. cleaning solvents. Lessee shall treat all hazardous materials
9 rought onto Premises by it in accordance with all federal, state and local laws and regulations.
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Amendment:
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12 (a) This Lease may be amended or modified only by written agreement signed
13 y both parties, Failure on the part of either party to enforce any provision of this Lease shall not
14 e construed as a waiver of the right to compel enforcement of such provision or provisions,
15 (b) If any provision of the Lease agreement is invalid or unenforceable with
16 espect to any party, the remainder of this Lease or the application of such provision to persons
17 ther than those as to whom it is held invalid or unenforceable, shall not be affected and each
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rovision of this Lease shall be valid and enforceable to the fullest extent permitted by law.
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20 18. Termination:
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This Lease may be terminated on thirty (30) days written notice as follows: (i) by
ither party upon a default of any covenant, condition or term hereof by the other party, which
efault is not corrected within thirty (30) days of receipt of written notice of default, provided
hat each party shall have such extended period as may be required beyond the thirty (30) days if
he nature of the cure is such that it reasonably requires more than thirty (30) days and said party
commences the cure within the thirty (30) day period and thereafter continuously and diligently
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ursues the cure to completion; (ii) by Lessee, if it does not obtain or maintain licenses, permits
r other approvals necessary to the construction or operation of Lessee's Facilities; or (iii) by
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easons or utilize the Premises due to a ruling or directive of the FCC or other governmental or
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5 egulatory agency, If after the Commencement Date, Lessee provides thirty (30) days written
6 otice to Lessor of termination of this Lease due to the reasons set forth in (iii), above, Lessee
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20 provided reasonable supporting documentation is provided to Lessee), shall be considered as
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22 (d) Upon request, either party may require that a Memorandum of Lease be
23 ecorded in the form of Exhibit "B".
essee, if Lessee is unable to use the site because of economic, technological or environmental
hall pay Lessor an amount equal to six (6) months rent at the amount stated in Section 3 of this
ease as "monthly installments" which shall be due and payable trom the termination date as
ayment for such early termination,
19, Miscellaneous:
(a) This Lease shall be binding on and inure to the benetit of the successors
nd permitted assignees of the respective parties,
(b) This Lease shall be governed under the laws of the State of California.
(c) The prevailing party in any legal action to enforce any provision of this
ease shall be entitled to recover from the losing party all attorneys' fees and court costs,
including appeals if any, in connection with that action. The portion of the costs, salary. and
xpenses of the City Attorney and members of his office directly arising from that action
ttorney's fees for the purpose of this Lease.
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(e) This Lease constitutes the entire Lease and understanding between the
arties and supersedes all offers, negotiations and other leases concerning the subject matter
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20.
Lessee's Facilities shall not disturb the communications configurations.
quipment and frequency which exist on Lessor's property on the Commencement Date ("Pre-
xi sting Communications"), and Lessee's Facilities shall comply with all non-interference rules
f the Federal Communications Commission ("FCC"), and the conditions set forth in
evelopment Permit I 02-157, regarding the City's public safety transmissions (provided the
onditions are not within the exclusive jurisdiction of the FCC or other Federal agency or
epartment). Lessor shall not permit the use of any portion of Lessor's property in a way that
Title and Ouiet Eniovment:
(a) Lessor warrants that it has full right, power and authority to execute this
ease; Lessor further warrants that Lessee shall have quiet enjoyment of the Premises during the
erm of this Lease or any renewal term,
(b) Lessee shall have the right at any time up to the full execution of this
Lease, and prior to the Commencement Date to obtain a preliminary title report or commitment
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or a leasehold title policy from a title insurance company of its choice, lf~ in the opinion of
essee, such title report shows any defects of title or any liens or encumbrances which may
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Notices:
All notices given in connection with this Lease shall be in writing and delivered in
erson or sent by overnight carrier or certified mail, postage prepaid, addressed as follows:
LESSOR
City of San Bernardino
Development Services Department
Real Property Section
300 North "D" Street
San Bernardino, CA 92418
(909) 384-5328
LESSEE
Los Angeles SMSA Limited Partnership
dba Verizon Wireless by
AirTouch Cellular its General Partner
180 Washington Valley Road
Bedminster, New Jersey 07921
Attn: Network Real Estate
(866) 862-4404
23. Covenants:
There are no covenants or warranties other than those expressed in this Lease.
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IN WITNESS WHEREOF, thc parties have executed this Lease on the day and year set
CITY OF SAN BERNARDINO,
a Municipal corporation
alles, Mayor
Los Angeles SMSA Limited Partnership
dba Verizon Wireless, AirTouch
Cellular, its en 1 p~rtner
By: Ro ert F, Swaine
West Area Vice President, Network
15.06-157
EXHIBIT "A"
THE PREMISES
See attached.
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201693
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EXHIBIT "AI"
L~gal Description of Landlord's Pruperty
PARCEL A
.
THAT PORTION OF BLOCK 77, AS SHOWN ON PLAT OF THE TOWN OF IRVINGTON AND THE
L,;ND OF IRVINGTON LAND & WATER CO., IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA. AS PER PLAT RECORDED IN BOOK 3 OF MAPS. PAGE 9. IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID BLOCK 77. DISTANT THEREON
NORTH 27" 30' 04" EAST. 62,90 FEET FROM THE INTERSECTION OF SAID SOUTHEASTERLY LINE
WITH THE NORTHEASTERLY LINE OF THE 20 FOOT AlLEY SHOWN ON MAP OF TRACT NO, 3167.
AS PER PLAT RECORDED IN BOOK 42 OF MAPS, PAGE 59. RECORDS OF SAlD COUNTY:
THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 27' 30' 04' EAST, 777.64 FEET (RECORDED
NORTH 28' 04' 30" EAST, AS PER TRACT NO. 3167) TO THE SOUTHWESTERLY LINE OF THE
NORTHEASTERLY 320,00 FEET OF SAID BLOCK 77:
THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 62' 43' 4S' WEST, 1300.29 FEET TO A
POINT DISTANT ALONG SAID SOUTHWESTERLY LINE 20,38 FEET SOUTHEASTERLY FROM THE
SOUTHEASTERLY LINE OF CYPRESS AVENUE, 60.00 FEET WIDE;
THENCE SOUTH 21' 30' 48" WEST, 430,98 FEET;
THENCE SOUTH 47" 11' 00" EAST, 1301.54 FEET TO THE POINT OF BEGINNING,
EXCEPT THEREFROM ALL OIL. GAS. MINERALS AND OTHER HYDROCARBON SUBSTANCES,
LYING BELOW A DEPTH OF 100 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS
RESERVED IN DEEDS FROM WESTERN PROPERTIES, INC., TO THE STATE OF CALIFORNIA.
RECORDED JUNE 20, 1957, IN BOOK 4260, PAGE 326, OFFICIAL RECORDS. WILMA H, WEAVER
AND RAYMOND DUAL, TO THE STATE OF CALIFORNIA, RECORDED JUNE 19, 1957, IN BOOK
4259, PAGE 303. OFFICIAL RECORDS, WILMA H. WEAVER AND BERT C. SHIREY AND ETTA M.
SHIREY, TO THE STATE OF CALIFORNIA. RECORDED JUNE 6, 1957, IN BOOK 4249, PAGE 205,
OFFICIAL RECORDS,
ALSO EXCEPTING FROM THAT PORTION OF THE HEREINABOVE DESCRIBED PARCEL OF LAND
LYING BE1WEEN THE NORTHEASTERLY PROLONGATION OF SAID NORTHWESTERLY LINES OF
LOTS 16 AND 19, OF TRACT NO. 3167. AS PER PLAT RECORDED IN BOOK 42 OF MAPS. PAGE 59,
RECORDS OF SAID COUNTY, ALL OIL, GAS. MINERALS AND OTHER HYDROCARBON
SUBSTANCES. LYING BELOW A DEPTH OF SAID LAND, WITHOUT THE RIGHT OF SURFACE
ENTRY AS RESERVED IN DEED FROM THE STATE OF CALIFORNIA TO SAN MARTINO, AN
UNMARRIED MAN. RECORDED MARCH 6, 1962, IN BOOK 5657, PAGE 41, OFFICIAL RECORDS,
SAID LAND IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP RECORDED IN BOOK 1,
PAGE 32. RECORDS OF SURVEY
PARCEL B:
AN EASEMENT FOR ROAD PURPOSES OVER THE SOUTHEASTERLY AND NORTHEASTERLY
CINE OF THE FOLLOWING DESCRIBED PROPERTY SAID EASEMENT MORE PARTICULARLY
DESCRIBELl AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL NO, 1, HEREIN;
THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID PARCEL NO.1. TO A
POINT IN SAID LINE 40' SOUTHEASTERLY OF THE NORTHWESTERLY LINE OF SAID PARCEL NO,
1, MEASURED AT RIGHT ANGLES THEREOF;
THENCE SOUTHWESTERLY PARALLEL TO. A DISTANCE OF 40 FEET FROM AND MEASURED AT
RiGrlT ANGLES TO THE NORTHWESTERLY LINE OF SAID PARCEL NO, 1 AND B TO A POINT 40
FEET FROM THE SOUTHWESTERLY LINE OF PARCEL B, MEASURED AT RIGHT ANGLES
THERETO:
THENCE NORTHEASTERLY PARALLEL TO DISTANT 40 FEET FROM, AND MEASURED AT RIGHT
ANGLES TO THE SOUTHWESTERLY LINE OF SAID PARCEL NO, B, TO A POINT ON THE
SOUTHEASTERLY LINE OF SAID PARCEL B
Exhibit "A-I"
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Los Angeles SMSA Limited Partnership
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
(Re: Little League)
(Space above this line tor Recordds use.)
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE evidences that a lease was entered into as of .20_, by and
between the City of San Bernardino, a municipal corporation ("Landlord"), and Los Angeles SMSA Limited Partnership
d/b/a Verizon Wireless ("Tenant"). concerning certain real property located at AI Guhin Park, 3652 West Little League
Drive in the City of San Bernardino, County of San Bernardino, State of California. within the property of Landlord
which is described in Exhibit "A I" attached hereto ("Landlord's Property"), together with a right of access and to install
and maintain utilities, for an initial term of five years (5) years commencing on , which term is
subject to certain rights to extend by Tenant. ,Landlord shall not cause or permit any use of the Landlord's Property
which interferes with or impairs the quality of the communications services being rendered by Tenant.
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Memorandum of Lease Agreement as of
the day and year first above written.
LANDLORD:
TENANT:
Tht: City of San Bernardino. a municipal corporation
Los Angeles SMSA Limited Partnership. dba Verizon Wireless by
AirTollch Cellular. its General Partner
By'
By
Name: Judith Valles
Name: Robert B. Swaine
Title: Mayor
Title: West Area Vice President - Network
AlTEST
By:
Name: Rachel Clark
Tille: City Clerk
EXHIBIT "B"
'.
201693
FXHIBll "A 1"
legal [)t:~..:riplitll1l1f]_<llldllHd's Propert)
PARCEL A
TrlAT PORTION OF BLOCK /7, AS SHOWN ON PLAT OF THE TOWN OF IRVINGTON AND THE
L,;ND OF IRVINGTON LAND & WATER CO, IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS PER PLAT RECORDED IN BOOK 3 OF MAPS, PAGE 9, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID BLOCK 77, DISTANT THEREON
NORTH 27" 30' 04" EAST, 62,90 FEET FROM THE INTERSECTION OF SAID SOUTHEASTERLY LINE
WITH THE NORTHEASTERLY LINE OF THE 20 FOOT AlLEY SHOWN ON MAP OF TRACT NO. 3167,
AS PER PLA T RECORDED IN BOOK 42 OF MAPS, PAGE 59, RECORDS OF SAID COUNTY;
THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 27" 30' 04' EAST, 777,64 FEET (RECORDED
NORTH 28" 04' 30" EAST, AS PER TRACT NO, 3167) TO THE SOUTHWESTERLY LINE OF THE
NORTHEASTERLY 32000 FEET OF SAID BLOCK 77;
THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 62. 43' 45" WEST. 1300,29 FEET TO A
POINT DISTANT ALONG SAID SOUTHWESTERLY LINE 20.38 FEET SOUTHEASTERLY FROM THE
SOUTHEASTERL Y LINE OF CYPRESS AVENUE, 60,00 FEET WIDE;
THENCE SOUTH 21" 30' 48" WEST, 430,98 FEET;
THENCE SOUTH 47" 1~' 00" EAST, 1301.54 FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM ALL OIL. GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES,
LYING BELOW A DEPTH OF 100 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS
RESERVED IN DEEDS FROM WESTERN PROPERTIES, INC, TO THE STATE OF CALIFORNIA
RECORDED JUNE 20, 1957, IN BOOK 4260, PAGE 326. OFFICIAL RECORDS. WILMA H. WEAVER
AND RAYMOND DUAL, TO THE STATE OF CALIFORNIA, RECORDED JUNE 19, 1957. IN BOOK
4259, PAGE 303, OFFICIAL RECORDS, WILMA H, WEAVER AND BERT C. SHIREY AND ETTA M,
SHIREY, TO THE STATE OF CALIFORNIA, RECORDED JUNE 6, 1957, IN BOOK 4249, PAGE 205,
OFFICIAL RECORDS.
ALSO EXCEPTING FROM THAT PORTION OF THE HEREINABOVE DESCRIBED PARCEL OF LAND
LYING BETWEEN THE NORTHEASTERLY PROLONGATION OF SAID NORTHWESTERlY LINES OF
LOTS 16 AND 19, OF TRACT NO. 3167, AS PER PLAT RECORDED IN BOOK 42 OF MAPS. PAGE 59,
RECORDS OF SAID COUNTY, ALL OIL. GAS. MINERALS AND OTHER HYDROCARBON
SUBSTANCES, LYING BELOW A DEPTH OF SAID LAND, WITHOUT THE RIGHT OF SURFACE
ENTRY, AS RESERVED IN DEED FROM THE STATE OF CALIFORNIA TO SAN MARTINO. AN
UNMARRIED MAN, RECORDED MARCH 6,1962. IN BOOK 5657, PAGE 41, OFFICIAL RECORDS,
SAID LAND IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP RECORDED IN BOOK 1,
PAGE 32, RECORDS OF SURVEY
PARCEL B'
AN EASEMENT FOR ROAD PURPOSES OVER THE SOUTHEASTERLY AND NORTHEASTERLY
ciNE OF THE FOLLOWING DESCRIBED PROPERTY SAID EASEMENT MORE PARTICULARLY
:JESCRIBECJ AS FOLLOWS
5EGIN~IING AT THE MOST NORTHERL Y CORNER OF PARCEL NO.1. HEREIN;
THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID PARCEL NO.1, TO A
POINT I~I SAID LINE 40' SOUTHEASTERLY OF THE NORTHWESTERLY LINE OF SAID PARCEL NO
1, MEASURED AT RIGHT ANGLES THEREOF;
T,,",ENCE SOUTHWESTERLY PARALLEL TO, A DISTANCE OF 40 FEET FROM AND MEASURED AT
R,GHT ANGLES TO THE NORTHWESTERLY LINE OF SAID PARCEl NO.1 AND B TO A POINT 40
FEET FROM THE SOUTHWESTERLY LINE OF PARCEL B, MEASURED AT RIGHT ANGLES
THERETO.
ThENCE hORThEASTERL Y PARALLEL TO DISTANT 40 FEET FROM, AND MEASURED AT RIGHT
ANGLES TO THE SOUTHWESTERLY LINE OF SAID PARCEL NO. B, TO A POINT ON THE
SOUiHEASTERL Y LINE OF SAID PARCEL B
Exhibit "A-I"
CORPORATE ACKNOWLEDGMENT
STATE OF ARIZONA )
) SS.
COUNTY OF MARICOPA)
On this day of , 2002, before me, the undersigned, a Notary
Public in and for the State of Arizona, duly commissioned and sworn, personally
appeared Robert F. Swaine to me known to be an authorized representative of Los
Angeles SMSA Limited Partnership d/b/a Verizon Wireless, the limited liability companv that
executed the foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of Los Angeles SMSA Limited Partnership, dba Verizon Wireless, for
the uses and purposes therein mentioned, and on oath started that helshe is authorized to
execute the said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written,
Print or Type Name:
Notary Public in and for the State of AZ, residing at
My appointment expires:
.
CORPORATE ACKNOWLEDGMENT
COUNTY OF
)
) SS.
)
STATE OF
On this day of , 2004, before me, the undersigned, a Notary
Public in and for the State of , duly commissioned and sworn,
personally appeared , to me known to be an authorized
representative of , that executed the foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed
of , for the uses and purposes therein mentioned,
and on oath started that he/she is authorized to execute the said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
Print or Type Name:
Notary Public in and
for the State of
residing at
My appointment expires: