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Noguera, Adonis & Sarah-Hull, David 2022-02-17
COU No. 2122-200 2022-03302 + Recorded at ti'e f erfuest of CITY OF UKIAH 03/11/2022 10 20 Ar r =ee $0 P9s I of 46 )FFICIAL RECORDS eatrina Bartolomie - Clerk-Recorder lendocino County CP 1 l �'PII 1 I I'Evil 111 Recording Requested By AM li Wben Retarded Mail To: City of Ukiah 300 Seminary Ave. Ukiah,CA 95482 F Mendocino County A.P.Noe: SPACE ABOVE THM UN8 FOR RECORDER'S USE EASEMBNT,ROAD ACCESS AND MAINTENANCE AGREEMENT THE UNDBR&ONSD ORAM DECL.ARR& ARY TRANSM TAX S 0 CO.$0 CY. BASEMENT-No Cf bn—Cld.Rev A Tot Code I119A Code 273B3 This Basement,Road Access and Maintenance Agreement("Agreemenrj is made and entered Into In Ukiah,California,efirective as of February 17,2022("Effective Date"%by and among David J.Hull,individually and as Trustee of the David J.Hull Living Trust,and D&j Investments,LLrC,a California limited liability company(collectively"Hull").Adonis Noguera and Sarah M.Nogaece,husband and wife(collectively"the Nopwae),and the City of Ukiah,a general law California City('City').Individually,Hull,the Nogueras and the City may be referred to heroin as a"Party,"and collectively as the"Parties." RECITALS: A.Hull and the Nogueras have entered a written settlm ent agreement("Settlement AgreemaWl and release flmlly resolving litigation between them(Mendocino County Superior Cowl,Cases number-SCUK CVG 18-71292 and 18.71805),which Settlement Agreement incorporates and is conditioned upon the entry of this Agremnerit. B.The Nogueras own two parcels of veal property:one is commonly known as 603 Redwood Avenue,Ukiah(Mendocino County Assessor Parcel Number("APN)003-110-90,003-110-70- "Nogueras Residential Panxl");and the second parcel Is designated as APN 003-190-09 ("Noguares Development Parcel").A single-family dwelling exists on the Noguerm Residential Parcel,and the Nogueras Development Parcel Is laWly undeveloped. The Noguera Development Parcel and the Noguera Residential Parcel are described In Exhibit 1 attached hereto and incorporated by reference(collectively,"Nognta Proper j.The Noguerss Residential Property is located within the Ukiah City Limits.The Noguern Development Parcel Is located outside the Ukiah City Limits. C.Hull owns nine(9)parcels of real property,which we more}particularly described in E=hlbit 2 attached hereto and incorporated heroin by reference(collectively"Hull Properd a'): D.City owns the real property commonly known as APNos 157-050-03 and I57-060-03 and more particularly described in the legal descriptlon(e)attached hereto and Incorporated herein by rnfe+ence as Fabibit 3(collectively"City Property'l. Page 1 of 12 EASEMENT,ROAD ACCESS AND MAINTENANCE AGREEMENT E.A map depicting and identifying the Parties' above-referenced properties is attached hereto and incorporated herein by reference as Exhibit 4 F. Hull and the City are entering a Property Purchase/Exchange and Development Agreement ("Exchange Agreement")pursuant to which,among other things,and as more particularly described there:the Hull Properties will be transferred to City;the City will apply to the Mendocino County Local Agency Formation Commission("LAFCO')to annex the Hull Properties and upon approval of the annexation by LAFCO the City will zone and/or preserve as open space over 500 acres of the Hull Properties;the City will zone the balance of acreage comprising the Hull Properties(including the Hull Residential Parcels as defined below) in the City's Single-Family Residential-Hillside Overlay District(RI-H)as more particularly described in Table 1,below;Hull will reserve, retain,and/or be granted the exclusive right and power to use(including to sell)nine(9)of the ten(10) legal parcels and to boundary line adjust all ten (10)legal parcels within the Hull Properties and City Property(the Hull Properties and City Property may be collectively referred to in this Agreement as the"Hull-City Properties')to lands within and/or outside the Hull-City Properties',all at his discretion,as may otherwise be lawful, provided,however,that the lot line adjustments do not reduce the total acreage of the Hull-City Properties situated outside of the Hull Residential Parcels(as this latter term is defined below); Hull will reserve the exclusive right and power to develop and sell,all at his discretion as may be lawful,up to seven(7)of those legal parcels in the eastern portion of the Hull Properties,as described and depicted in the map attached hereto as Exhibit 5("Hull Residential Parcels'2)as part of a private,gated, residential development;Hull will reserve an exclusive easement on the Road(defined below)as it is situated on the Hull Residential Parcels in gross and appurtenant to the Hull Residential Parcels as more particularly explained below and will convey to the City a non-exclusive easement for access and utilities on the Road for the benefit of,and which shall be appurtenant to,all of the Hull Properties conveyed to the City under the Exchange Agreement,as well as the City Property;and,should certain events occur(e.g.,due to failed annexation,etc.), By way of further explanation,Hull has the right to use the boundary line adjustment process,as may be lawful,to reconfigure all ten(10)of the legal parcels within the Hull-City Properties'boundaries,such that:(a)the City will be left with one(1)of the ten(10)legal parcels,which will encompass all lands lying within the boundaries of the Hull-City Properties with the exception of the Hull Residential Parcels; (b)up to seven(7)of the ten(10)legal parcels will lie within the Hull Residential Parcels;and,(c)the balance of the ten(10)legal parcels will be used by Hull outside the boundaries of the Hull-City Properties. 2 The approximate acreage of the Hull Residential Parcels is fifty-five(55)acres.Exhibit 5,comprised of two pages labeled in said exhibit as"Exhibit'Cl'and"Exhibit'CV,"depicts the approximate future configuration of said parcels.Presently,Parcels 1 and 2 of the Hull Residential Parcels shown in Exhibit 5 are established legal parcels.Hull and the City intend,pursuant to the Exchange Agreement,to work cooperatively to establish up to an additional five(5)legal parcels within the balance of the fifty-five(55) acres comprising the Hull Residential Parcels lands.The residential use easement conveyed by the Nogueras under this Agreement is intended to be limited to the approximately fifty(55)acres(Parcels I { and 2 and approximately 40+/-adjacent acres),however such lands may be ultimately configured(and f not exceeding seven(7)legal parcels). Page 2 of 12 EASEMENT,ROAD ACCESS AND MAINTENANCE AGREEMENT Hull will have the right to,among other things,require that the City transfer back to Hull the Hull Residential Parcels. Table 1.Annexation Parcels,Proposed Lot Line Adjustment and Preroning Proposed Size(acresy Resulting Parcel Configuration,Intended Use Parcel through and Proposed Pre-zoning Lot Line Ad ustments 1 9.8 Parcel 1 has been reconfigured by Hull pursuant to the boundary line adjustment process,thereby establishing an existing legal parcel situated within the Hull Residential Parcels intended for single family residential development and re-zoned and zoned Rl-H. 2 5.1 Parcel 2 has been reconfigured by Hull pursuant to the boundary line adjustment process,thereby establishing an existing legal parcel situated within the Hull Residential Parcels intended for single family residential development and pre-zoned and zoned Rl-H. 3 9.9 Parcel 3 will be a legal parcel situated within the Hull Residential Parcels intended for single family residential develo meat and re-zoned and zoned RI-H. 4 9.0 Parcel 4 will be a legal parcel situated within the Hull Residential Parcels intended for single family residential develo meat and rezoned RI-H. 5 5.0 Parcel 5 will be a legal parcel situated within the Hull Residential Parcels intended for single family residential develo ment and re-zoned and zoned RI-H. 6 9.7 Parcel 6 will be a legal parcel situated within the Hull Residential Parcels intended for single family residential develo went and re-zoned and zoned RI-H. 7 5.0 Parcel 7 will be a legal parcel situated within the Hull Residential Parcels intended for single family residential development and re zoned and zoned Rl-H. G. Upon the close of escrow under the Exchange Agreement the City will submit an application to LAFCO to annex Hull Properties and any portion of the Noguera Property not presently lying within the City's boundaries. It shall also submit an application to LAFCO for an out of area service agreement entered into by the City and Hull for provision of utilities services to the Hull Residential Parcels in accordance with the Exchange Agreement and,an out of area service agreement entered into by the City and the Nogueras to the Noguera Property with which applications Hull and the Nogueras will join and/or consent as reasonably required.Except as otherwise expressly stated herein,the approval or denial of those applications shall have no efect on the City's or Hull's rights or obligations under this Agreement.Notwithstanding that, the parties acknowledge that denial of the applications may result in the inability to provide or obtain actual service of the utilities referenced in this Agreement,which event shall result in no Page 3 of 12 EASEMENT,ROAD ACCESS AND MAINTENANCE AGREEMENT liability under this Agreement as between the Parties. Such applications shall be at City's expense and at no material cost to the Nogueras or Hull. H. Pursuant to the Exchange Agreement, covenants,conditions,and restrictions("CCRs')will be recorded against the lands comprising the Hull Residential Parcels and Hull shall reserve the exclusive right to create an association("Association")to govern the Hull Residential Parcels lands,at Hull's discretion and in compliance with this Agreement.The CCR's will run with the land and bind the owner(s)of the Hull Residential Parcels.The CCR's will require that any pre- annexation construction comply with the City's hillside zoning RI-H.Each owner of any parcel comprising any part of the Hull Residential Parcels shall be a member of the Association. However, neither the City nor Nogueras shall be members of the Association(unless subsequently purchasing part of the subject land,or added as the Association may permit)but shall contribute toward the costs of shared facilities as provided in this Agreement. 1. Pursuant to the Exchange Agreement,notwithstanding the City's record ownership/title to the lands comprising the Hull Residential Parcels,Hull shall initially be the sole member of the Association.The Association will be governed by Hull pursuant to the City's irrevocable assignment of voting,membership,and other rights, interests,and privileges as would otherwise inure to the benefit of an owner of a parcel within the Hull Residential Parcels. Upon any sale of a parcel by Hull,pursuant to Hull's reserved rights,the voting, membership, and other rights, interests,and privileges associated with that parcel will be automatically transferred to the parcel purchaser,all subject to the CCRs and the Association's rules and regulations,whereupon the purchaser of the parcel shall become a member of the Association. City agrees that upon its annexation,the Nogueras shall be allowed to develop the Nogueras Development Parcel for residential use in accordance with law, including,but not limited to,the applicable land use regulations and the City's obligation to conduct,as an impartial decision maker,any hearings or environmental reviews required to approve said development. Except as otherwise required by law,such residential development shall not be impeded by the development and uses discussed herein. Hull agrees that he shall not object in anyway to the development of the Nogueras Development Parcel for residential use.Nogueras agree that they shall not object in any way to the development of the Hull Residential Parcels. J.There presently exists a private road extending westerly from Redwood Avenue,a public street,in Ukiah,California,through the Noguera Property onto property owned by Hull,which road splits and one portion of which continues northerly,where it eventually reenters the Nogueras Development Parcel before traversing westerly and back on to and within the Hull Properties,continuing through to the balance of the Hull Properties.This road is shown on the map attached hereto and incorporated herein by reference as Exhibit 6("Road"). K.Among other obligations,Hull,the owner(s)of the Hull Residential Parcels, and once established the Association,will be responsible for maintaining the Road,the locked gate located near the intersection of Redwood Avenue and the Road,and related improvements,which it(or Hull) intends to install/construct within the Hull Residential Parcels,on the Road, and within the Easement Area(as that term is defined below),such as paving,storm drains,other drainage facilities,and the water systems(wells,pumps,storage tanks, lines,valves,etc.)and sewer Page 4 of 12 EASEMENT,ROAD ACCESS AND MAINTENANCE AGREEMENT €F systems(holding/processing tanks,pumps, lines,valves, etc.)that serve the Hull Residential ! Parcels(collectively"Road&Development Improvements'). For clarity, Hull intends to construct water systems only within or about the Hull Residential Parcels for the benefit of those parcels and the only sewer line Hull intends to install is an effluent line.There will be no water system or lines installed by Hull to which the Noguera Property may connect.The intended sewer system will be installed within and about the Hull Residential Parcels except that the effluent line will also be installed adjacent to the Road within the Easement Area,which will connect to the City's sewer system on Redwood Avenue. The effluent line will allow for connection by Nogueras Development Parcel;however,neither Hull nor City shall bear any responsibility to install or develop any sewer system/line other than an effluent line. Connection of the effluent line to the City sewer system,and its use by Hull or the Nogueras, is subject to the City's approval and compliance with Division 4,Chapter 2,commencing with Section 3700 of the Ukiah City Code,as it may be amended from time to time.Hull will also be responsible for trenching and installing underground conduit per the City's specifications for electrical lines required to serve the Hull Residential Properties and to allow for a connection location for the Nogueras Development Parcel("Electrical Conduit"}.The City will be responsible for installing the balance of electrical components(including,e.g.,the lines within the conduit,splice boxes,transformers,and other components-collectively"Electrical Utilities) sufficient to provide residential electrical service to the Hull Residential Parcels and the Nogueras Development Parcel and for maintaining such utilities adjacent to the Road, including those within the Easement Area,all of which shall be subject to the City's duly adopted rules,policies and standards governing its Electric Utility, including,but not limited to, Division 4,Chapter 7,commencing with Section 4000 of the Ukiah City Code("Electric Utility Requirements').Upon assignment by Hull to the Association of Hull's rights under this Agreement,notice of which shall be provided to City and the Nogueras, Hull shall be deemed released from all obligations under this Agreement3,but only if a declaration is recorded with the Mendocino County recorder that: (1)makes the Association's compliance with this Agreement a mandatory duty of the Association;(2)requires assessments of the members in the full amount required to cover the full costs of the obligations attributable to the Association under this Agreement;(3)provides that such provisions in the declaration are not subject to amendment by the Association or its members or by any court;and, (4)makes the City and the Nogueras(and their successors and permitted assigns)as to their right,title,and interest in and to the Hull-City Properties and Noguera Property, respectively,third party beneficiaries of these provisions of the declaration.Notwithstanding the preceding sentence, should the Association fail to exist as a separate legal entity,the collective owners of the Hull Residential Parcels shall be deemed the Association for purposes of said provision. 3 This provision shall apply to any permitted successor or assign of Hull as provided below.In the case of a permitted successor or assign,Hull shall be released from all obligations under this Agreement and said successor or assign shall inure to the benefits and obligations of Hull under this Agreement The term "Permitted Successor or Assign"in plural or singular form shall mean the transferee of Hull's reserved development rights in the Hull Residential Parcels in the event Hull elects to transfer or assign such rights. Page S of 12 EASEMENT,ROAD ACCESS AND MAINTENANCE AGREEMENT L.The Nogueras desire to confirm and convey to Hull,the Association and City a non-exclusive easement for ingress and egress,and for the Road&Development Improvements,Electrical Conduit,and Electrical Utilities, in the area within the Noguera Property as more particularly described in Exhibit 7(comprised of two pages labeled in said exhibit as Exhibit"A"and Exhibit"B")attached hereto and incorporated herein by reference,for the benefit of the Hull Propertiesinclusive of the Hull Residential Parcels—and the City Property(the"Easement Area'){Easements!). The Easements shall benefit and be in gross to Hull (and his permitted successors and assigns)and the Association and shall also be appurtenant to the Hull Properties and the City Property.The in gross easement as to Hull individually(or, if applicable,his permitted successors and assigns)shall terminate once all of the Hull Residential Parcels are sold and transferred by the City to a third party pursuant to Hull's direction as permitted by the Exchange Agreement.The in gross easement as to the Association shall exist in perpetuity so long as(i)the Association exists as a legal entity and(ii)remains obligated to perform or subject to responsibilities under this Agreement.The Easements will fully accommodate the intended uses discussed herein(residential and open space),but shall not accommodate a conversion of non-residential property to residential use without the Nogueras (or their successors)written agreement. M.The Road and Road &Development Improvements shall be designed to enable the Nogueras to construct a driveway to the Nogueras Development Parcel.The Road design will adhere to the City's standards as set forth in Division 9,Chapter 1,Article 5 of the Ukiah City Code("UCC") for roads serving the type of residential subdivision applicable to the Hull Residential Parcels as specified in Division 9,Chapter 1,Article 3 of the UCC("Applicable City Street Standards'}. Neither Hull nor City shall have any obligation in this regard beyond the referenced design or as otherwise stated in this paragraph M. N.Hul"nd once established the Association—will maintain the Road and Road& Development Improvements from the eastern boundary of the Nogueras Development Parcel to the westerly boundary of the Hull Residential Parcels.The Nogueras(and their successors)and City will pay monthly maintenance fees to the Association for the same as described below. O.The Parties hereby enter into this Agreement to accomplish the above objectives and once signed by the Nogueras they cannot revoke their commitment during the City of Ukiah City r Council process of reviewing and taking action on the Agreement. AGREEMENT: WHEREFORE, in reliance upon and in consideration of the above-recitals,which are hereby incorporated into the terms of this Agreement by reference,and for other good and valuable consideration,the receipt and adequacy of which are hereby acknowledged,the Parties agree as follows. 1.Easements. Subject to the terms of this Agreement,the Nogueras,and each of them,do hereby grant to Hull,the Association,and City,as to each separately—and to their permitted successors and assigns—a non-exclusive easement for ingress,egress,and public and private utilities,over, on,under,and through the Easement Area. Page 6 of 12 EASEMENT,ROAD ACCESS AND MAINTENANCE AGREEMENT I I a. Easement to Hull&Association. Said grant of easement is: (1) Appurtenant to the real property described in Exhibit 5 (comprised of Exhibit CI and C2)(including parcels created therein or re-subdivisions thereof) which may be used for all lawful purposes, including but not limited to, residential development and use. (2) In gross to Hull and the Association,together with the right and power of Hull to convey this easement to Permitted Successors or Assigns(as defined above in footnote 3 to this Agreement). Said in gross grant of easement, including any re- conveyance thereof, is limited to the following purposes: installation,construction, maintenance,repair,and improvement of the Road,Road &Development Improvements,Electrical Conduit,Electrical Utilities,the residential development of the real property described in Exhibit 5 (and any re-subdivisions thereof or parcels created therein),and for otherwise performing obligations required under this Agreement. b. Easement to City. Said grant of easement: (1) Is appurtenant to the real property described in Exhibit 5(comprised of Exhibit C 1 and C2) (including parcels created therein or re-subdivisions thereof) which may be used for all lawful purposes,including but not limited to,residential development and use. (2) Is appurtenant to the real property described in Exhibit 2 and Exhibit 3 attached hereto(including as may be configured in the future),and except as to those portions of said lands described in Exhibit 5 (the uses for which are governed by the preceding provision),said easement may not be used for residential purposes but may be used for all uses authorized in a Public Facilities(PF)zoning district in the City of Ukiah. (3) Permits access for City officers,agents,contractors,employees, volunteers,and members of the general public,provided that general public access will be revoked at such time as alternative general public access has been established. C. All Egements. Said grants of easement each; (1) Include the right to use,construct,reconstruct,repair,replace,maintain and inspect facilities used to provide utilities including but not limited to,electrical, cable,telecommunications,gas,sewer and water. Said facilities include,but are not limited to,conduits,cables,manholes, vaults,utility poles,guying equipment, semi buried or ground mounted facilities such as pads,transformers,cable or communication pedestals and other necessary or convenient facilities used for these purposes.All above-ground facilities and equipment shall blend with,rather than contrast to,the surrounding environment to the extent practicable.Natural screening shall be used to achieve such aesthetic. Page 7 of 12 EASEMENT,ROAD ACCESS AND MAINTENANCE AGREEMENT (2) In the event the City and/or Hull determine it necessary to access the real property described in Exhibit 1 beyond the Easement Area to perform their obligations under this Agreement,which includes actions to erect,maintain,and replace signs and markers warning of the location of facilities installed in accordance with the rights conveyed under this Agreement, and to survey within said easement and to place or replace surveying stakes and monuments of a permanent nature within the parameters of the land described in Exhibit 1,said party or parties may request in writing to the owner of the affected portion of the Noguera Property the limited right to access to that property for such purpose. Said owner(s)shall promptly respond and not unreasonably withhold permission for such limited access. If such request is granted in writing by the owner, such limited additional access made be made.Emergency circumstances shall be exempt from the request/response requirements of this provision. In any event, as minimal a burden as reasonably possible shall be imposed beyond the Easement Area to perform Hull's,the Association's,and the City's respective obligations under this Agreement; and (3) Include all other lawful rights consistent with said grants and shall supplement,and not amend or replace,any recorded easements in existence as of the Effective Date that benefit the real properties described in Exhibits 1,2,3,and/or 5 ; and, (4) The appurtenant easements shall run with the lands, including any parcels created within those lands. 2. Representation&Warranty. The Nogueras represent and warrant there are no liens or encumbrances against the Noguera Property that may restrict or diminish the rights conveyed by the Easements and they have not and will not act in a manner that may restrict or diminish such rights. 3. Design of the Nogueras' Drive:The Road and Road&Development Improvements shall be designed to permit the Nogueras' continued use of the existing driveway to the Nogueras Development Parcel,which design will adhere to the standards described in Recital M regardless of annexation.Neither Hull nor City shall have any obligation regarding the Nogueras' driveway beyond that mentioned in this section 3. 4. Electrical Utilities: Within a commercially reasonable period of time after Hull's written notice to City that the Electrical Conduit has been installed in compliance with the Electric Utility Requirements and approval thereof by the City,the City shall install,at no cost to Hull or the Nogueras,the Electrical Utilities to enable connection by the Hull Residential Parcels and the Nogueras Development Parcel.The installation of the Electrical Utilities by the City and their connection to Hull Residential Parcels and the Nogueras Development Parcel must comply with the Electric Utility Requirements.The City shall have no obligation to inspect or approve the connection to the Nogueras Development Parcel or any parcel within the Hull Residential Parcels to the Electrical Utilities or to provide electric service to those parcels until LAFCO has finally approved either(1)an out of area service agreement to serve them pursuant to Government Code Section 56133 or(2)the annexation of the parcels by the City.After the Page 8 of 12 EASEMENT,ROAD ACCESS AND MAINTENANCE AGREEMENT Electrical Utilities are installed by the City, it shall thereafter maintain,repair, and reconstruct them in compliance with the Electrical Utility Requirements. 5. Maintenance of Road and Road&Development Imorovements.Hull, and once established the Association,or the owner(s)of the Hull Residential Parcels,shall maintain the locked gate,the Road, and the Road&Development Improvements in a safe and serviceable condition,clearing the Road of debris or other impediments to unobstructed travel,repairing cracks and potholes to maintain a smooth travel surface, repairing or, if necessary,reconstructing road segments which have exceeded their useful life or have base failure,and maintaining and repairing drainage facilities as necessary to their functioning as designed.The design of any gates and above- ground utilities located on the Noguera Property shall be approved in writing by the owners of the Noguera Property prior to the installation or construction of such improvements. Approval shall not be unreasonably withheld.Notwithstanding that,such gates and utilities existing as of the Effective Date shall be deemed approved. 6.Maintenance Fee. Commencing on the first of the month following formation of the Association,the City shall pay a monthly fee of$75.00 to Hull and the Nogueras shall pay a monthly fee of$50.00 to Hull. On its formation,the fees will be payable to the Association.On the anniversary date of the completion of the Road and on the first day of the same month each year thereafter,the monthly fee shall be adjusted upward,not to exceed a maximum of 3%,by the percentage change in the value in the prior twelve months of the All Urban Consumers Consumer Price Index(CPI-U),all items,for the San Francisco-Oakland-Hayward,CA,area (Base Period 1982— 1984= 100),not seasonally adjusted,as compiled and published by the U.S.Department of Labor,Bureau of Labor Statistics or its successor index. 7.Use of Epad.The Easements shall provide the City,Hull,and the Association ingress and egress to the Hull Properties for the installation,construction,use,and maintenance,repair,and improvement of the Road and Road&Development Improvements,Electrical Conduit,and Electrical Utilities and for the development of the Hull Residential Parcels and residential use of such parcels.The Easement is intended to be in gross to Hull and the Association for the development of the Hull Residential Parcels and installation,construction and maintenance, repair,and improvement of the Road and Road&Development Improvements.The Easement is intended to be appurtenant to the Hull Properties and City Property,conveying the rights just described to the City and any successors in interest and assigns of the individual Hull Residential Parcels. As to the City only,the Easement is intended to convey to the City access rights including its officers,agents,contractors,employees,volunteers and members of the general public,to access the Hull Properties and the City Property.However,general public access will be revoked at such a time as alternative general public access has been established that is satisfactory to the City in accordance with the Exchange Agreement.There are no restrictions on time or days of use or types of vehicles.The City and the Nogueras,and the Nogueras' successors as to the Nogueras Development Parcel,shall at all times be provided with the current combination or other means and/or information required to unlock and lock the gate. 8. Use of Utilities. Subject to Section 4 of this Agreement and the generally-applicable requirements of the utility provider, including the Electrical Utility Requirements,the Hull Page 9 of 12 EASEMENT,ROAD ACCESS AND MAINTENANCE AGREEMENT Residential Parcels and Nogueras Development Parcel shall have the right to connect to the Electrical Utilities . 9. n' catio . Each of the Parties shall indemnify,defend,and hold harmless each of the other Parties from all costs,expenses,damages, liabilities,claims,and judgments("Claims") resulting from the indemnifying Part's negligent or intentionally wrongful use of the Road or Road&Development Improvements,Electrical Conduit,or Electrical Utilities, or failure to adequately maintain or repair the same, including Claims resulting from use by the indemnifying Party's guests and invitees. As to the Electrical Conduit and Electrical Utilities,the City's indemnification obligation under Sections 9, 10 and 12 shall not exceed the liability of a municipal electric utility.The Parties' indemnity obligation as provided in this Section 9 includes,but is not limited to,payment of all attorney's fees,costs,damages,and expenses incurred by the indemnified party and any awards against the indemnified party associated with the Claims.These indemnification obligations and rights shall inure to the benefit and obligation of the Parties' successors in interest.Once the Association is established and Hull no longer owns any real property identified herein,Hull shall be deemed released from any future indemnity obligation under this Agreement. 10. Insurance. Hull,the Association,the permitted successors and assigns and the owners of the Hull Properties shall obtain and maintain in force policies of liability insurance in amounts they deem prudent to cover liability for death, injury,and property damage arising from,and occurring during,construction of the Road and Road&Development Improvements,Electrical Conduit contemplated by this Agreement.Such policies of insurance shall provide coverage for claims of personal injury,bodily injury,death and property damage in or about the Easement Area arising from any such construction activities of the Road,Road&Development Improvements,and Electrical Conduit with a liability limit in the amount of at least One Million and 00/100 Dollars($1,000,000.00)per occurrence,with a general aggregate limit of at least Two Million and 00/100 Dollars($2,000,000.00). Upon request,a copy of the insurance policy then in force shall be delivered to the owner of the Noguera Property. 11.Damage.The costs to repair any damage to the Road,Road&Development Improvements, Electrical Conduit,or Electrical Utilities other than from normal wear and tear, shall be the exclusive responsibility of the Party(including their guests,invitees,employees and/or contractors)that negligently or intentionally caused such damage.Payment of such costs shall be timely and promptly made to the Association upon demand by the Association(or to Hull until the Association is established).Hull--and once established,the Association—shall maintain the exclusive right to make,arrange for,and to undertake the repairs consistent with the design and purposes of the Road and Road&Development Improvements,except that City shall make any required repairs to the Electrical Conduit and Electrical Utilities, 12.Dispute Resolution.Any dispute among the Parties, including their permitted successors or assigns,concerning the interpretation or enforcement of this Agreement or their respective compliance with this Agreement shall be resolved as follows. Before filing any action in court to resolve the dispute,a Party must give the other parties written notice of the dispute,describing in detail the Parry's position. If a Party claims a breach of or noncompliance with the Agreement, Page 10 of 12 EASEMENT,ROAD ACCESS AND MAINTENANCE AGREEMENT the Party making that claim must give the other parties written notice describing the breach or noncompliance and the actions the other parties must take to cure the same. The Parties must meet and confer in good faith to resolve the dispute. If the breach or noncompliance is not cured or the Parties have failed to resolve the dispute within thirty(30)days after the notice is given,a dissatisfied Party or Parties may file an action in Mendocino County Superior Court. Other than the required notice and the requirement to meet and confer as provided herein,any action to interpret or enforce this Agreement shall be subject to all generally applicable requirements, including,but not limited to,statutes of limitation and claim filing requirements as to claims against City and applicable procedures applicable to the City's Electrical Utility or any other public utilities provided by the City to the Hull Residential Parcels or the Noguera Property.The requirement to meet and confer shall not prevent immediately filing an action in court for equitable relief,to prevent imminent and irreparable harm,or to preserve the statute of limitations. 13. Notice.Whenever notice,payment or other communication is required or permitted under this Agreement, it shall be deemed given when personally delivered or,other than for payment, when emailed(if receipt acknowledged)or 48 hours after deposit into the United States mail with proper first-class postage affixed thereto and addressed as provided below in this section. Any Party may by such notice given to all other Parties modify the addresses at which notice under this Agreement may be provided(and,in Hull's case,upon the Association's establishment,such notice shall be given to the Association in place of Hull upon notice by Hull) Hull Nogueras City 0 6 o x S 17 6 o3 9rd4-,--0 AL- 3X2 .sew, «" u Ktr,k/ (P- 0114 B2 UKkA L, (A i9s GA qf-�sz Email: Email: Email: SSGr� lucow+0 ,Q dauC1\'AVira 0 v,m, 1. ', roM S�>n — nL)�J� e y�ti00,� 5c{ , 3F UXI.4 _ca� AG�tr+i S� YJ a,)� of y'k h4"' UJM }/ 14. Integration.This Agreement contains the entire agreement among the Parties pertaining to the Easement and the installation and maintenance and use of the Road and Road& Development Improvements and the Electrical Conduit and Electrical Utilities, and the payment therefor,and supersedes and replaces any prior or contemporaneous inconsistent agreements or statements by any of the Parties.This Agreement may be altered or amended only by a written agreement approved and executed by all of the Parties. 15. Coun eMIU. This Agreement may be executed in duplicate each with original signatures or in counterparts.A copy with counterpart original signatures or an executed copy with original signatures shall be admissible in any administrative or judicial proceeding as evidence of the terms of this Agreement. The Agreement may be circulated by email in PDF format for signature. Signatures on electronically delivered copies of the Agreement shall be deemed original signatures for all purposes. Page 11 of 12 EASEMENT,ROAD ACCESS AND MAINTENANCE AGREEMENT a } 16. Partial Invalidity. If any term or provision of this Agreement is found by a court with proper jurisdiction to be invalid or unenforceable to any extent, the remainder of this Agreement will not be affected thereby,and each remaining term and provision of this Agreement will be valid and enforced to the fullest extent permitted by law so long as the primary purposes and intent of,and the relative benefits to and obligations of each of the Parties under,this Agreement is fulfilled. 17. Waivers. No waiver of any breach of any covenant or provision contained herein will be deemed a waiver of any preceding or succeeding breach thereof,or of any other covenant or provision contained herein. No waiver of any provision hereof shall be effective unless in a writing signed by the waiving party. 18. Successors and Assigns. This Agreement is binding upon and inures to the benefit of the Parties and their successors, heirs and assigns. 19. No Third-Party Beneficiaries.This Agreement is made and entered solely for the benefit of the Parties and the Association, including its members. This Agreement is not intended for the benefit of any third party beneficiaries other than the Association and its members. Once the Association is established, it shall be deemed a party to this Agreement as otherwise provided herein. WHEREFORE, the Parties have entered this Agreement on the Effective Date. HULL Y OF UKIAH NOGUE JK By: By: By: David J. Sa S gia mo, on' Noguera Individually,as Trustee of City Manager the David J. Hull Living By: 1 } Trust and for D&J ATTEST Sa ah Nogu-ra Investments, LLC By: G � Kristine Lawler, City Clerk "NOTARY FORM(S)TO FOLLOW" Page 12 of 12 EASEMENT,ROAD ACCESS AND MAINTENANCE AGREEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to wh,ch this cert,.icate is attached,and not the truthfulness,accuracy,or validity of that document. State of Calif mia ) County of IG LD On_ �26 before me, �V16�1 wXt 1 �y14_�-, /�d w Pr.>� Date `f f Here Insert Name and Title of the Officer personally appeared ���i� ,i 'Irlri (1 — Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personN whose name( Is s scribed to the within instrument and acknowledged to me tha h xecuted the same in hi authorized capacityoe*,and that by�il signatureA on the instrument the persor*, 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. IIRIMNE LAWLER WITNESS my hand and official seal. Notary Pub0c-California Mandodno county Commission#2340924 Signature *my Comm.Expires Jan 2,2025 -11NSignature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document CCL�f� [�S Title or Type of Document:4 -A MCA' wry .Document Date: i I Number of Pages: Signer(s) Other Than Nam d Above: Capacity(ies) Clipmed by Signer(s) rJ ff11 Signer's Name: DO .IDinn i7u�{ Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General ❑Partner — ❑ Limited ❑General W Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 Calif mia ) County of On� a� before me, 1( 41's hrt£- Lw,,L.1,v- /t /e ica VAt�?Lj� Date Here Insert Name and Title of the Off er personally appeared Na s) of Signer(s) who proved to me on the basis of satisfactory evidence to be thA person() whose name(os)&re^- s sbscribed to the within instrument and acknow dged to me thaChh�J'�-executed the same in 2i herAhe"uthorized capacity(ies),and that b i r signature(*on the instrument the personoo, or the entity upon behalf of which the persons acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MIMNE LOW WITNESS my hand and official seal. Notary Public-Calffomia Nandoclno County conmmissfon f 2M24 4bmy Comm.ExW*s Jan 2,2023 ~ Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docum C. M,1t, P Title or Type of Document: _ � _ Document Date: e2 f 7 � Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) CI 'med by Signer(s) Signer's Name: C �AJ�Lleak.4 _ Signer's Name: 1Corporate Officer — Title(s): � Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: r 7 Signer Is Representing: 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item h5907 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Mendocino ) On February 17, 2022, before me, Gina Testa Vau,Notary Public,personally appeared Adonis Noguera and Sarah Noguera, 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. GINA TESTA VAU Notary Public•California Mendmino County Commission N 2311456 6'My Comm.Expires Dec 1.2023 Signat a (Seal) EXHIBIT 1 i j ( 2018-04363 ROOD &04 A& " ragUaet of: Recording Requested by R"F.':B Ra. ei pp::a or u • Redwood Empire Title Company WFICIAL RRCORos Ma RC"ohsk - Ciafk-Rsoar "r Y, CA And When Recorded Mali to, r+� Ill ! ADONIS NOGUI»RA AND SARAii NOGUERA . 603 REDWOOD AVENUE UKIAH CA 9502 peo THIS SPACE FOR RECORDERS USE ONLY FILED QUITCLAIM DEED DOCUMENT TITLE The undersigned declares that the document to which this page Is affixed and made a part of Is exempt from the fee Imposed by the Building Homes &lobs Act(SB2-2017)(GC 27388.1) Reason for exemption, Not related to real property-GC 27388.1(a)(1) Recorded concurrently"in connection with"a transfer subject to the Imposition of Documenter%TrarRsferi�r�GC 273138.1(a)(2) ' G"it�.1f111�-t�R �3 d�- Transfer of real property that Is a residential dwelling to an owner-occupier-GC 27388.1(s)(2) Recorded concurrently"in connection with"a transfer of real property that is a residential dwelling to an owner-occupier-GC 27388.1(a)(2) Maximum . 0 flee per transaction reached-GCr27388.1(a)(1) d r �I17ji� Date THIS PAGE IS ADDED TO PROVIDE DECLARATION OF BUILDING HOMES A JOBS ACT(SB2-2017)FEE EXEMPTION ADDITIONAL.RECORDING FEE APPLIES ?018-04363 Page 2 of 504/18/2018 39:03 AM WMN 19CORDRD RETURN TO: Adonis dt Sarah Noguere 603 Redwood Avenue Ukis% CA 95482 no mb akw Gmaw dea[M that rho Dwmmatt TianAr To is$0 Purtteaat to Eff 11930 QUITCLAM DEED FOR VALUABLR CONSIDERATION.reoedpt of which is hereby acknowledged, Adonis Noguem and Sarah Noguera,husband andwife,"joint tarsal u hereby RWWM RELEASE,AND FOREVER QUITGLAIMto: Adonis Noguem and Sarah hi Ngwwa,hstsbw 4l And v^as joint te�ate The following desaribad rW propetty In the County of Nbadocheo,State of CaHihtnia SEB ATTA(7W I3XEBITS"A"and%' (Parcel 2 of City File No.329%County BU 2017= OD60) This deed k& to City of Ukiah Lot Line Adjustment 179e No. 3282 And Mendocino, Canmtl► 2Adjustment 2011-0060 and is intended to oracle no now pared. 3 Noguera A natAry or other daatgnent to�fhtah this aertitlaeto is attataLed,said net the trptbiillne�,aocuaaacy,or rralidHtr attlmt doatm�mal: STATE OF CAL]FOW" (30lWTY OF MBNDOCINO On Pib. '� t� ba>Ebxa me,AemJ4::,f "ramily Kl aru� wLa proved to we on the I 'dmnao to bo the Peau M whm names are sabsoaihod bo iha vvlthiu instmment and eaknawkdged to�tbatthay earowttod the in Chair sutiwrized oatlea andthat by their sipMwos on the kwhumaO,the pe w%% or the entity Von behalf of wVch*a persons sated, wcouted the fes nwmt. I aer*under PENALTY OF PERJIIRY udder the lam of t11a State of Calawk that the i;orW4 paragraph is trm and comot. VTITlHSfi to4+hand tlloial seal � NEWUr." 3lgnahlaas '�' a� MY "INAP14=1 ( 2018-04WS Page 3 of 504/18/2018 t. 39:03 AM FMXBXU! "All (Rarcel 2 City ZIA Rile No. 3282) (Parcel 2 Mendocino County WA 2017-0060) Any and all lands and any and all interest thereto lying within the following described real property, All that certain property situated partially in the City of Ukiah and pa"Aally in the County of Xendocino, State of California, morf particularly described as follows. 2PAW OEM: sBl9IOMW at a 3/4 inch pipe set to mark the southerly tox"nus of the course "South 07'15'08" Bast, 207.42 feet", as shown an a map filed in Flap Case 2, Drawer 5, page 42, Mendocino County Reoordat thence South 69'591000 Wont, 62.37 feet to a 3/4 inch pipai thence south 800391000 West, 109.00 feet, thence south 79*37151" Nast, 128.69 feet to the vest line of the Yokayo Randho, as shown on the said maps thence along the said rent line Worth 00440111w vast, 237.70 feet to the centerline of a creek as ahow,n an the maid map) thence downstream along the centerline of the said creek the following, South 50'08'00" Bast, 240.09 loot, South 40400100" Nast $0.00 teat, South 85-38100" east, 99.32 feett thence leaving the cantarline of the said creak North 02.42153" Wept, 30.00 fast to a 1/2 inch pipe with plastic Aug marked L.e. 30891 thence co�ntinui.twg North 02•42163" West, 75.65 feet to 2 snob pipe with a plastid plug marked L.S. 3009t thence North 07'42'16" Bast, 43.12 feet to the southerly right of way litre of Redwood Avenue as she" on the said maps thence along the said southerly right of way line North 85617100" seat, 20.49 fast, thence leaving the amid southerly right of ray line South 07'42116" West, 45.70 last; thence south 020'42153" not, 126.54 feet, thence South 37'09128" Nast, 42.80 feat to the Point of Beginning. AP 003--110-70 W= the followingt Beginning at the southeast corner of Lot 1 of Section 30, Township 15 North, Resign 12 West, Mount Diablo Base and Meridian as ahowmi cc the Record of Survey limp recorded in Kep Case 2, Drawer 27, Page 1, Mendocino county Recordaf thence along the east line of said Lot 1, North 00'36138" West, 351.55 fast to a point on the centerline of a private road as shown an said aapt thence leaving said east line and along the ceAterlina of said road from a tangent of South 766l6140" Went along a ousys to the xjght with a radius at 400.00 feet, a central angle of 12*31160" and an are length of 97.40 fast, thence. South OV W 30" vest, 197.0 feet) thence along a curve to the right with it radius of 136.00 lost, a central angle of 33'34130e and an are length of 79.11 feett thence North 57'37100" West, $0.70 feet, thence along a carve to the left with a radius of 40.00 feet, a central angle of 77001'00O and an arc length of 33.77 faott thence along a ouxve to the Might with a radius of 60.00 feet, a central angle of 491121000 sad an are length of 51_52 feet.) thence North 95026100/, West, 2.31 feet to a point on the went line of said Lot 1) thence leaving said road and along the said west line South 00'21125" Bast, 375.03 feet to the southwest corner of said Lot 1t thence along the south line of said Lot 1 North 89026110/ Bast, 502.19 feet to the Point of Beginning. Portion of AP 003-190--02 SEWS TWD, To�atha�t writh a non-esalusive 70 foot easement for ingress, egress and public utilities 1= 35 feet on each, side of the cantarline of the easement as dhown aver t,ot I an the Record of Survey recorded Septamber 2, 1075 in Nap Case 2, Drawner 27, Page 1, Mendocino County Records. this deed is giveon puraaant to City of Ukiah Lot Line Ad3ustment Rile 3282 and Mendocino County paundary Line Adjustment 2017•-0050 and is intended to create no now, pares,. The Boundary Line Adjusta+ent shall not raliuquash, remise, release or terminate any prior right, interes in rights-of-way, saaamants, or other righta which may he appurtenant to and/or and encumbrance to the subject Property. 3 Page 1 of 2 a 018-04363 Page 4 of 604/18/2018 -03 AM This real property description hats bean prepared by p we or under my direction in oonfoxmance with the pr eesional Land Surveyor's Act. � �mug IT � 1-2m Ron-W.- arena L.8. to Qx cnL� The above legal deocript es a lot line adimt-ment pursuant to the City f i Line AAJustmant File No. 3202 which ban by the City of Ukiah wn in a000rdce wi ao 12(d) of the 8ubdiviaion )sap Act i d ante no new parcel. Bago 9 of 2 Parcel 1 rN°`oaM+-1ol 7M ++ pw the LLA AP 00-190-02 t r OApAra1 Parcel 1 h Lot 1 of S&WIN 3o / iawnahp 13 North. Rar,ps 12 W"k AM W7r $� S""V1'JO'"r"7.t"' gip"I " �' Ave• OWWhs .kd..onmmt as+howl an Cass Z Dror 27. Pop"1, Paroel 2 � P.r tht.tLA I Arpy,d 0«a 7d'k ! w 2M4--mlao AP 003--110-70 1aa� 9 !sue CO 1 1 NW2f M SMW SAS Rsaord of Staray Afap 41, Pope�uaR aid in °AtW coo:,"loe a Plat Map 1a Paps & AIL7P andu�ay..z Drorr . City of Ukiah LLA 1'3f1e 3,28,2 and x7 1, +m 603 Redwood Avenue, Ukiah .ran 23, 2018 -- save: r l00'- ' a rap Zan 3W k� 2018-04389 F/ Bi rdad at the request at. RecordingRequested by ° p; rieaz�e Redwood Empire Title Company ':i• Prr■: of n WICIft RIZOMS lip M 11. Rana ak - Clark-Recorder And When Recorded Mall to: snd■ na Ca PAID ADONIS NOGUERA AND SARAH NOGUERA W 603 REDWOOD AVENUE FILED UKIAH CA OW2 THISSPACE FOR REMMERS USE ONLY uT� QUITCLAIM DEED DOCUMENT TITLE The undersigned declares that the document to which this page is affixed and made a part of Is exempt from the fee Imposed by the Building Homes &Jobs Act(SB2-2017)(GC 27388,1.) Reason for exemption: ❑ Nat related to real property-GC 27388.1(a)(1) Recorded concurrently"in connection with"a transfer subject to the Imposition of Documentary ftnsfer-T-ex-GC z7 88,1(a)(2) Transfer of real property that is a residential dwelling to an owner-omupler-GC 27388.1(a)(2) Recorded concurrently"in connection with"a transfer of real property that is a residential dwelling to an owner-occupler-GC 27388.1(a)(2) -Maxl 25.00 fee per transaction reached-GC 27388.1(a)(i) 1 11/17119 c THIS PAGE IS ADDED TO PROVIDE DECLARATION OF BUILDING HOMES&JOBS ACT(SBZ 2017)FEE EXEMPTION ADDITIONAL.RECORDING FEE APPLIES 2018-04364 Page 2 of 404/18/2018` 39:03 AM WREN RKV1 DRD RETURN TO: Adonis&SarahNoguera 603 Redwood Avenue Uldsh, CA 95482 The and ad 43mntor dmbru that the Doopmeet 7*mft Tu is$0 Pu>msant to RT 11930 QUITCLAIM DEED FOR VALUABLE CON11MOMATMN,receipt of which is hereby acknov►Wged, AdonisNolguernand Sarah Noguera,husband andwi%as joint;tensnts hereby R11lv0A RWZASBy AND FOREVER QUffCLA Mto: Adonis Noguem and Sarah Nogueta,husband and wife,as joint tenants The following desodbed real property in the County of Mmdocioo,State of California SEB A.TTACHI3.D ITS"A"and B" (Parced 1 of City File No. 3282,County BLA 2017- 0060) ThisW; vemnsuant to City of Ukiah Lot�A rent bile No. 3282 and Mendocino CouAdjustment 2017-0060 and la intended to mate ao new paroei. Ad a ST&OM A rtotaw PW&or adw officer comp dk&thta 0mmane vamee o*the mealY at'tlte badbvl w vrlm stgmd the dooumaatte wMah4ds oe:fttfoete is$tiaahed, nattLe ,eoottuauy,ox vsltdfw of dW doomam t srATB OF CALIFOM rA COUNW OP MRWOCMO . mot beo6o. , CALKI . tG b who proved to we on to basis of sasidhckry 00mm to be the pe me whosemumes to the within hu trmant and aalmowle4pd to me that that'axa uW the same in their wAmized oapauktes end 9W by their slguat m on the indmmeak#hue peraama, or the catltyupon behalf of vehlah the persons soled, aaeouted tlt iwkumeat. F caul*undar PmA rly OF Pm my under to taws of to State of Calouds that the forepiq paragraph is Uva and omeot. WlTNB38 my and o seal mendxw �� �ayroee-al�o�rd► coi�°s�ie laoranakN+� t +31i I 4 i 2018-04364 Page 3 of 40419812018 39;03 AM ' EXHIBIT "A" (DArael 1 City X46A rile No. 3202) (parcel 1 Mendocino County SIA 2017-0060) Any and s11 lands and any and all interest thereto lying within the following desoribed- zeal property! All that certain property situated in the County of Mendocino, State of California, twee particularly describbad as follows: 08!l M MMI Lot 1 of Section 30, township 15 North, Range 12 West, Yount Diablo Bane and ateridian. MMMMM 20MOPM the followingt Beginning at the southeast corner of said Lot 1 as shown an the Reoord of Survey map recorded in Map Cass x, Drawer 27, page 1, Mendocino Catty Records) thence along the east litre of said Lot 1, North 0046'S6" West, 351.55 feet to a point on the centerline of a private road as shown on said map) thence leaving said east line and along the canterline. of said road from a tangeat of South 76016'40" West along a curve to the right with a radius of 400.00 rest, a central angle of 12.31160" and an *to length of 07.40 fast) thence South 88'48130' Went, 197.25 feet) thence along a curve to the right with a radius .1 of 135.00 feet, it central angle of 33034130° and an arc length of 791 eeti•thence North 57.371001 !vest, 8D.70 feat) thence along a cuz" to the left with a radius of 40.00 fear., a central angle of 71001100" and an are length of 53.77 feat) thence sLong tt curve to the right With a radius of 60.00 febt, a oeutral angle of 491121000 aril an arc langth of S1.52 feet: thence Worth 850261004 West, 2.51 feet to a point on the Crest line of said Lot 11 theme leaving said woad and Along the said West line South 000211260 Bast, 375.83 feat to the southwest comer of paid Lot 11 thence along the south line of said Lot 1 North 88'25118" mast, 502.19 feet to the point of Beginning. Portion of AP OW190-02 Owl Reserving therefs= a non-exclusive 70 foot easement for ingress, egress and public utilities lying 35 feet on each side of the centerline of the easement: as shown over Lot 1 an the Record of survey recorded Saptembar 21 1975 is Mrp Came 2, Drawer 27, page 1, Mettdccino County Records. i ThAt certain 70 foot Vide easement over the northwest qQarb6r of the northeast goArtar of Section 30, Township 15 North, Range 12 host, Mount Diablo Base and Meridian to the Latuda of Rosa as described in the order Approvinq Agreement for Bxchangs of Rasements recorded April 9, 1976 and she= on the Record of Survey recorded Saptenbar 2, 1975 in $ap Case 2, Drawer 27, Page 11 Hendaoitto County Records. This deed is givep pursubnt to City of Ukiah Lot Line Adiustoant Pile 3202 and Mendocino County boundary Lins Adjustawant 0017-0050 and is intended to aureate no new parcel. Tho Boundary Line Adjustment oball not relin%xiah, renise, release or tarminate prior sight, interest in rights-of-way, sanamts, or other rights which may appurtenant to and/or and enowabranne to the sab j eat property. .0 p meior unde real r my directiftscwon In owfomance prepared the by � Q O PJAfessional Land eutvayorls !sot. � Ron W. r rant aFa - 7179 �R OF CALF The above legal daecripti ea a lot line adjustment Pursuant to the Ci Y of Lo s "usttaent rile go. 3202 which h sell a the City of Ukiah in accordance Bea 64 d of the Subdivision Hap Adt n gads to c no new parcel. AP PPOM: City Sn a GHyfaof D"d o Parcele 4hlr kLu m 2014-1*7M .' per AP OW-raO--02 �Jdphd Paro1 l!+Lot f cr S�oflon Jo ` i� 7o�snah� fd 1Varllb Rona 11 Mwf. MW Lrbi g moo• t� o p'�p. d -- -•_ �` _��� Farm `. flaw pnpmly A,. ��� `��� `------------ Ave. - - Haavrr ` --- -- Rew ar�fadAo rmd�fh�tho V � "Iry J nHe aosrn�rtf oA w an m% r IJiY Parcel Z ` � aDead rm AP 003-rto-7o mArM79T M is, sea Ramwd of SWWY Na woa a b a O'Z'n fla t Map o d 'can zD"MW City of Ukiah LIL4 FYIe 3282 27 P°�' f.MCR 603 Redwood Avenue, Ukiah Dan 2r, BoM --- state: In-too, o ran 2w soo EXHIBIT 2 EXHIBIT 2 (Hull, Bengston, D&J Investments) All that certain property situated in the County of Mendocino, State of California, more particularly described as follows: All those properties located within Sections 19 and 30, Township 15 North, Range 12 West, and within Sections 25 and 26, Township 15 North, Range 13 West, Mount Diablo Meridian, described in the following nine deeds: 1. Instrument No. 2021-10029, Mendocino County Records, D&J Investments, LLC 2. Instrument No. 2021-15566, Mendocino County Records, D&J Investments, LLC 3. Instrument No. 2021-15567, Mendocino County Records, D&J Investments, LLC 4. Instrument No. 2020-08216, Mendocino County Records, Hull 5. Instrument No. 2021-10034, Mendocino County Records, D&J Investments, LLC 6. Instrument No. 2021-10033, Mendocino County Records, D&J Investments, LLC 7. Instrument No. 2021-10032, Mendocino County Records, Bengston 8. Instrument No. 2021-10031, Mendocino County Records, D&J Investments, LLC 9. Instrument No. 2020-18046, Mendocino County Records, Hull, EXCEPTING THEREFROM all that portion land described in Instrument No. 2020-18046 that was granted from Hull to the City of Ukiah by way of Instrument No. 2020-18047. EXHIBIT 2 I, i i i f t EXHIBIT 3 4 i Easement and Road Access Agreement Exhibit 3 After recording mail to: City of Ukiah,a general law municipal corporatlon CONFORRIED COPY 300 Seminary Ave. Copy or Document Recorded on 0a103/2021 09:23:38 AM Ukiah,.CA96482 n 2021--0aa61 Mandoolno County Clark-Recorder Order No.: 20203118DN a I SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED DOCUMENT TITLE This document is being re-recorded to Correct the spelling of the Grantor's name; Grant Deed originally recorded December 31,2020 as Document number: 2020-18047, Mendocino County Records. k SEPARATE PAGE-PURSUANT TO GOVERNMENT CODE 27361.8 i RECORDINGS REQUESTED BY: ' 2020-18047 Redwood Empire Title Company of Mendocino Roarded at thot requost of'. RROUOOD EMPI E ItLE County Ft2g81$$ Poe. I ar ex00110 7A,MB OFFICIAL RECORDS atrina Bartel aln - lark-R ordor endea no Cou , CA Mall Tax Statements and When Recorded Mail Document To: I II City of Ukiah,a general law municipal Corporation 300 Seminary Avenue , Ukiah,CA 96482 If Escrow No.: 20203118DN SPACE ABOVE THIS LINE FOR RECORDER'S USE GRMT DEED The undersigned grantor(s)declare(s) Documentary Transfer Tax stamps In the sum of 4-NO RECORDING FEE PURSUANT TO RTC41922 �2QA0 © computed on full value of properly conveyed,or PAID © computed on full value less value of liens or encumbrances remaining at time of sate, PLO ® Unincorporated area: of iE F1Li:q FOR A VALUABLE CONSIDERATION,receipt of which Is hereby acknowledged, David BI1 J.Hull,a married man,as his sole and separate property hereby GRANT(S)to City of Uldah,a general law municipal corporation the following desalbed real property: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF; i F ` Dated: December 16,2020 //62 I avid J. ( A notary public or other officer completing this certificate f verifies only the Identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness accuracy,or valldl of that document. State of Cailfo i County of On before me, No Pu c, personally appeared who proved to me on the basis of satisfactory evidence to be the pereon(s)whose name(s)Infare subscdbed to the within Instrument and acknowledged to me that he/sheAhey executed the same In his/her/thelr authorized capaclty(tes),and that by hWher/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. O MNIBSEN Signature_ Q J��T��it_ (seal) a011qh ' ' Commlsflan et1141�9 �D14' �ps��� IYbCan�.�lntoctl],mil w Escrow No.: 20203118DN i Title Order No.: EXHIBIT A i THE LAND REFERRED TO HEREIN BELOW IS DESCRIBED AS FOLLOWS: Lots 3,6,7 and 8 and the west half of Lots 4 and 6,all in Section 26,Township 15 North,Range 13 West,M.D.M. Excepting therefrom all the coal and other minerals reserved by the United States in the Patents recorded March 16,1945 In Book 182 of Offldat Records,Page 212,and recorded April 10,1949 In Book 268 of Official Records, Page 273,Mendocino County Records. A.P.N.: 157.0504)3-05, 167-060.03-05 Pursuant to Certificate of Compliance recorded December 22,2020 as 2020-17664 of Offldal Records. w t t EWblt A(Legal Dowriptlon) nape 1 of 1 20203118DN i LC ity of Ukiah CERTIFICATE OF ACCEPTANCE This certifies that the Interest in real property conveyed by the Grant Deed, dated December, 15, 2020, from David J. Hull to the Clty of Ukiah, a general law municipal corporation, Is hereby accepted by order of the undersigned officer on behalf of the City of Ukiah pursuant to authority conferred by resolution of the City Council of the City of Ukiah adopted on February 1. 1961,and the Grantee consents to recordation thereof by its duly authorized officer. By. sag mo,City Manager APN 1666-060.03 1 300 Seminary Avenue•Ukiah•CA•95482-5400 Phone:(707)463-6200-Pax:(707)463-6204-www.eityofuldah.com CALIFORNIA ALL-PURPOSE ACKNOWLSDGMENT CIVIL,CODS 6 1ISO A notary public or other officer oompleling this certificate verifies only the Identity of the lndMdual who signed the document to which this certificate Is attached,and not the to tMulness,accuracy,or validity of that document. State of Celifomla } County of _ M&An"dj nb On beQeM+bf&-L5I 20W-before me,_L. K L f rh 6 iv Date Here Insert Name and Title of the Officer personally appeared a_ '1 A 14-C.QMe, Na e(s1t� )of Signals) who proved to me on the basis of satisfactory evidence to be the person(e) whose narne(r4 Islam subscribed to the within Instrument and acknowledged to me that he/shaftey executed the same In hlwUer ftelr authorized capadty(les},and that by hl&4xwtthalr algnature(e)on the Instrument the pwaon(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 Calliamia that the foregoing paragraph Is true and correct. L rLUMBIRO Nota,ypuek-Cat7arala WITNESS my hand and officl aea1. Mmdod w COMW » commis M s 373174E My[omm.ErptresMirl,2023 Signature Sign of Notary Public t Place Notary$oaf Above i OPTIONAL Though this section Is optional,completing this 1Mormatlon can dater alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do me 1 r Title or Type of Document: {e,a o7 c Document Date: ce.�.;,.n 4.�ear (�. 2e zo -- Number of Pages:_ Signers) Other Than Named Above: Capaclty(les)Claimed b Signer(s) Signer'aName:s�gi a�San ,acvmA Signer's Name: D Corporate Officer—Title(s): ❑Corporate Officer--T1tle(s): 0 Partner— 0 Limited 0 General ❑Partner-- ❑Umited 0 General ❑individual ❑Attorney In Fact 0 Individual ❑Attorney In Fact ❑Trustee/� uardlen or Conservator 0 Trustee ❑Guardian or Conservator I4 Other © Other. Signer Is Fiepmfenting: Signer Is Representing: 02018 National Notary Assoctatton-www.NagonWNotary.org-1-800•US NOTARY(1-800-676-6827) Item t16g07 i r t I EXHIBIT 4 F B -_-_--__- L ------- -----i ti 111 Cl �! ----_-----r ....rw..---..-- I I I I 11 I $$ \ \ ----------- �Jill q 1 r 9 F� i EXHIBIT 5 EXHIBIT "Cl , (Hull and D&J Investments) All that certain property situated in the County of Mendocino, State of California, more particularly described as follows: All those properties located within Sections 19 and 30, Township 15 North, Range 12 West, Mount Diablo Meridian described as follows: 1. All of that_property described in Instrument Number 2021-10029, Mendocino County Records, labeled as Parcel 1 on the attached Exhibit "C2". (Owned by D&J Investments, portion of AR-603--190-101 2: All of .that property described in Instrument Number 2021-15566, Mendocino County i Records, labeled as Parcel 2 on the attached Exhibit "C2". (Owned by D&J Investments, portion of AP 003-190-10) 3. An approximhte 40 acre area lying within the properties described in Instrument Numbers 2020-08216 and 202145567, Mendocino County Records, labeled as Parcels 3 and 4 on the attached Exhibit "C2". (Owned by Hull and D&J investments, portion of AP 001--040-83, portion of AP 003--190--10 and portion of AP 157-070-051. This area is shown on the attached exhibit "C2", labeled Additional Residential Development Area. 1 Exhibit "C2" T 15 N Additional Development area Portion of Parcels 3 4 3 3 • *40 acres N Parcel 4 AP 001-040-83 Parcel 2 IN 2020-08216 AP 003-190-lox 77.6 acres 11ne IN 2021-15566 prop...�y 5.0 acres Parcel 1 futureAP 0013-190-10x IN 2021-10029 24 19 10.0 acres 30 :,:y :: existing ::..:::.::..:..:::: ........ Noguera Parcel 3 : I Redwood AP 157�-050-09, 1tx I AP 157-070-06 Future water Avenue AP 003-190-10k tank site ` IN 2021-15567 1512'acres I Noguera I I Exlsting I ! I road I I I I j . i Note: Shaded area b Reeldentla! Development Area " (aka Null Residential Parcels) N Residential Development Area Redwood Avenue, Ukiah Jan 10, 2022 --r- Scale: 1 700' 0 700 1400 2100 I i EXHIBIT 6 r , Easement,Road Access and Maintenance Agreement Exhibit B Bxhfblt "B" , (Rogua3ro) Im Road • Lkso table Line Dlreatlan Olsionce L S7eYB' O" nan t beorksg k W j7 JOB� D lay 70 i M2't0 00 78,10' g Curve Table ` Onve Length Doha RadPA 01 8 4 ' ,12'31P0; 40aW' rasement Na 21 RAT 7}a 7' 773 O 1�aGo Centerlk+s of nest/ 70' ssfde A 81,6I*. rae�� aa0°o' easement being grwted to CO the City of tlklah and to sy Hug And AW Investments DW Investments IN 2021-10029 ♦ E7ofatk,g4my to Partlars of ��6uNdhig pad on Naguera AP OOJ—J90—f0 ,�/ i I � i 6V 20f818-—04384 M AP 003-190-09 E"Maat No. Js Redwood Avanre Is Centerlkse of new 70' wide ally owned and as Point IT" sasement being granted to per Mapa,mower 77, the CRY of L&kh and to Page mil► a,,d DW hl tmanls r 04 Helm Ave Pro er e Ekietho road and oanterlhe cone kss of erafstbg 70' wide easement 44 � for 000ess and WIN*per JOW 0R 67, as shown on Reopord af SunW Cmw Z Drive' 27,Pogo f,MMCR w 20M 04303 AP 003-110-70 & 90 b7Vhron AP 003—fW--11 Southeast oornar Lot J —��S-SOIMA aerMto . Plat MAP IN • ksatrument Number, I Redwood Avenue, Ukiah Mendook►o Cpunly Reoords Doe 21, ,20�21 ---- 800je; 1"=160' AP � Aseseaa•Panel D JB0 320 4aO i a m4 a u Em Road at a k R ----------- --------- � R to t . M E 34a� 4�= �w ---------- - i i a fi—:4�o 4 __--__ Road A dl 8! Q R a s L----------- a ------------- i i EXH I BIT 7 EXHIBIT "Al' (Noguera) Two 70 foot wide non-exclusive easements over a portion of the Noguera ' properties as described in the Quitclaim Deeds recorded April 18, 2018 as Instrument Numbers 2018-04363 and 2018-04364, Mendocino County Records as r shown on the attached EXHIBIT "B" *and the centerlines of said easements are as described below: Easement No. 1: CD$MENCING at the southeast corner of said Lot 1 of Section 30, Township 15 North, Range 12 West, Mount Diablo Base and Meridian as shown on the Record of Survey map recorded in.Map Case 2, Drawer 27, Page 1, Mendocino County Records; thence along the east line of said Lot 1, North 00"36158" West, 351.55 feet to a point on the centerline of a private road as shown on said map and being the POINT OF BEGINNING of this centerline description; thence ,leaving said east line and along the centerline of said road from a tangent of South 76016140" West along a curve to the right with a .radius of 400.00 feet, a central angle of 12*31150" and an arc length of 87.48 feet; thence South 88048130" West, 197.15 feet; thence along a curve to the right with a radius- of 135.00 feet, a central angle of 33*34130" and an arc length of 79.11 feet; thence North 57"37100" West, 50.70 feet; thence along a curve to the left with a radius of 40.00 feet, a central angle of 77*01100" and an arc length of 53.77 feet; thence along a curve to the right with a radius of 60.00 feet, a central angle of 49"12100" and an arc length of 51.52 feet; thence North 85026100" West, 2.51 feet to a point on the west line of said Lot 1 and being the end of this centerline description, now know as Point "X". Easement No. 2: COMMENCING at Point "X" described above in Easement No. 1; thence along the west line of said Lot 1 North 00021125" West, 413.83 feet to a point on the centerline of the same private road. as described above in Easement No. 1, said point being the POINT OF BEGINNING of this centerline description; thence leaving said west line and along the centerline of said road, North 32040'00" East, 76.40 feet; thence along a curve to the left with a radius of 30.00 feet, a central angle of 156*21108" and an arc length of 81.87 feet to a point on the said west line of :,ot 1 and being the end of this centerline description. The sidelines of these 50' wide easements shall extend to or be shortened to intersect with the boundaries of the said Noguera property. , Easements located within AP 003-190-09 and 003-110-90, Redwood Avenue, Ukiah, CA This real property description has been prepared by me or under my direction in conformance with the Professional Land Surveyor's Act. Ron W. Franz L.S. 7173 Dated r Exhibit "B" (Naguera} i r� Line Table C Lane Direction Distance Li S767Q'40'o Tangent bearing N J WMM W f 5d7o' L4 N8526'0091W 2.51' L5 N32'40'00'E 76.40' Curve Table x' Curm Length Delta RadAis C1 87.48' 127650' waoo' C2 79.11' M 34 3D' =00' Easement No 2r C3 6177' 77701*000 4a00' Centerline of new 70' wide ,� C4 51.5' 1497100' 3GDO' easement being Vm fad to the City of Ukiah and to ' 4 Hull and D&l Investments 1` DAV investments ' IN 202 1-1 0029 Existing driveway to Z Portion of t_f buld hg pod on Noquera AP 003-190-10 Noguero IN 2018-04364 AP 003-190--09 a f Easement No. 1: Redwood Avenue is Centerline of new 70' wide City owned and as Pain# X- easement being granted to Per Mqps, Drawer 77, the City of Ukiah and to Page M MCR ' Hull end D4W Investments i ' \N f950' f0 Helen Ave a Property Ik►e C1 ��� �pow`��-- Existing rood and centedline centar!!ne road , Ave. of existing 70' wide easement L4 / liar access and utlNtles per i036 GR 67, as shown on Record of Survey map recorded In Afgp c f Case Z Drawer 27, Pogo 1, MCR K Noguera c IN 2018-04363 AP 005-110-70 & 90 Y �hz GROW AP 00 -190-11 Southeast comer Lot 1 Section X T 15 N, R12W, MD8M Plat Map ►N'Q Instrument Number, Redwood Avenue, Ukiah Mendocino County Records I Dec 21, 2021 -- Scale: i =18D' AP - Assessor Parcae r 0 180 320 480