HomeMy WebLinkAbout2002-348
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RESOLUTION NO. 2002-348
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
VACATION OF PORTIONS OF ROSEWOOD DRIVE, BETWEEN
ORCHARD DRIVE AND TIPPECANOE AVENUE AND ORCHARD
DRIVE, SOUTH OF ROSEWOOD DRIVE (PLAN NO. 10503)
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the Mayor and Common Council of the City of San Bernardino,
having heard the evidence offered in relation to the proposed vacation of those certain portions of
Rosewood Drive, between Orchard Drive and Tippecanoe Avenue and Orchard Drive, south of
Rosewood Drive, described in Mayor and Common Council Resolution No. 2002-282, hereby
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12 find from all of the evidence submitted that the portions of the rights-of-way of the public streets
13 proposed to be vacated by Mayor and Common Council Resolution No. 2002-282, are
14 unnecessary for present and prospective public street purposes.
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SECTION 2. The Mayor and Common Council of the City do hereby order vacated the
public street right-of-way of those certain portions of Rosewood Drive, between Orchard Drive
and Tippecanoe Avenue and Orchard Drive, south of Rosewood Drive, all such public street
19 rights-of-way as more particularly describe in Exhibit "A" and Exhibit "B" attached hereto,
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subject to the terms and conditions of Section 3 and Section 4 of this Resolution.
SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing
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easements for public utility purposes belonging either to the City of San Bernardino or to any
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24 public utility; and there is hereby specifically reserved for the City of San Bernardino, its
25 successors, heirs and assigns, a temporary easement for sanitary sewer and appurtenant facilities
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over the entire area proposed to be vacated, including the right at any time, or from time to time,
to construct, maintain, operate, replace and renew said sewer or appurtenances and shall include
the right of ingress and egress thereto; and there is hereby specifically reserved for Southern
5B2002:345432
10/24/02
2002-348
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RESOLUTION ORDERING VACATION OF THOSE CERTAIN PORTIONS OF ROSEWOOD DRIVE
BETWEEN ORCHARD DRIVE AND TIPPECANOE A VENUE AND ORCHARD DRIVE SOUTH OF
ROSEWOOD DRIVE (PLAN NO. 10503)
California Edison, its successors, heirs and assigns, a temporary easement to construct, place,
operate, inspect, maintain, repair, replace and remove any overhead or underground electrical
transmission and/or distribution structure consisting of wires, cables, conduits, poles, pole
anchors and guy wires, manhole markers and necessary fixtures and appurtenances, and said
temporary easement shall include the right of ingress and egress thereto; and there is hereby
specifically reserved for the City of San Bernardino Municipal Water Department, its successors,
heirs and assigns, a temporary easement for water utility purposes over the entire area proposed
to be vacated, including the right at any time, or from time to time, to construct, maintain,
operate, replace and renew one or more pipelines or appurtenances for the transportation of water
and related incidental purposes, and said temporary easement shall include the right of ingress
and egress thereto; and there is hereby specifically reserved for Verizon California, Inc., its
successors, heirs and assigns, a temporary easement to construct, place, operate, inspect,
maintain, repair and replace underground and overhead structures consisting of wires, cables and
necessary fixtures and appurtenances and said temporary easement shall include the right of
ingress and egress thereto; and there is hereby specifically reserved for The Gas Company, its
successors, heirs and assigns, a temporary easement over the entire area proposed to be vacated,
including the right at any time, or from time to time, to construct, maintain, operate, replace and
renew one or more pipelines or appurtenances for the transportation of natural gas, and said
temporary easement shall include the right of ingress and egress thereto. All temporary
easements reserved herein shall terminate upon relocation or abandonment of existing facilities.
SECTION 4. (a)
The public street vacation proceedings described in this Resolution
(the "Rosewood Street Vacation Proceedings") shall be complete upon the adoption of this
Resolution and the receipt and acceptance by the City of the following:
SB2002345432
10/21/02
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. 2002-348
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RESOLUTION ORDERING VACATION OF THOSE CERTAIN PORTIONS OF ROSEWOOD DRIVE
BETWEEN ORCHARD DRIVE AND TIPPECANOE A VENUE AND ORCHARD DRIVE SOUTH OF
ROSEWOOD DRIVE (PLAN NO. 10503)
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JAKS, a California limited liability company (herein "JAKS") shall have concurrently
with the adoption of this Resolution withdrawn its objection to the vacation of the public
streets ordered by this Resolution evidenced by the waiver and release of claims by JAKS
in favor of the City of San Bernardino in form and substance acceptance to the City
Attorney for any purported claim, damage, loss or reduction in value to the lands
described in Exhibit "C", which may otherwise be asserted by JAKS in connection with
the completion by the City of San Bernardino of the Rosewood Street Vacation
Proceedings as evidenced by the adoption of this Resolution and the Mayor is hereby
authorized and directed to execute such waiver and release in the form approved by the
City Attorney. For the purposes of such waiver and release, this Resolution hereby refers
to such waiver and release of JAKS;
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and recorded in the official records of San Bernardino County upon the satisfaction of the
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S82002:34543.2
10/21/02
(b)
The final order of the Rosewood Street Vacation Proceedings shall be effective
the Redevelopment Agency of the City of San Bernardino (the "Agency") shall
have reserved a non-exclusive easement for motor vehicle and pedestrian ingress
and egress, as described in Exhibit "D", in the Agency quitclaim deed transferring
to SBT Partners, LLC, a California limited liability company ("SBT Partners")
the "Phase I Site", as this term is defined in that certain agreement, dated as of
May 21, 2002, as amended, by and between SBT Partners and the Agency and
such non-exclusive easement as reserved in the Agency quitclaim deed
transferring the Phase I Site to SBT Partners shall be appurtenant to the lands
described in Exhibit "C", and such non-exclusive easement shall be terminated by
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17 County, concurrently with the recordation of the Agency quitclaim deed transferring the Phase I
. 2002-348
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RESOLUTION ORDERING VACATION OF THOSE CERTAIN PORTIONS OF ROSEWOOD DRIVE
BETWEEN ORCHARD DRIVE AND TIPPECANOE A VENUE AND ORCHARD DRIVE SOUTH OF
ROSEWOOD DRIVE (PLAN NO. 10503)
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the Agency upon entry of a final judgment in condemnation in favor of the Inland
Valley Development Agency in Superior Court Case No. SCVSS 88138;
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SBT Partners shall have accepted the delivery from the Agency of the quitclaim
deed for the Phase I Site which includes the non-exclusive easement for motor
vehicle and pedestrian ingress and egress described in Section 4(b)( I), by a date
not later than December 3 I, 2002, as evidenced by an acknowledgement of
acceptance of delivery of the Phase I Site executed by SBT Partners and attached
to such Agency quitclaim deed;
(3)
the City Clerk has caused a copy of this Resolution to be filed for recordation in
the official records of the Office of Recorder of San Bernardino County as
provided in Section 4( c).
(c)
The City Clerk, in consultation with the City Attorney, shall cause a copy of this
Resolution to be recorded as an official record in the Office of the Recorder of San Bernardino
18 Site to SBT Partners as set forth in Section (4)(b)(2), above; provided however that SBT Partners
19 shall have accepted the delivery of such quitclaim deed for the Phase I Site from the Agency by a
20 date not later than December 31, 2002, or this Resolution shall have no further force or effect.
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SECTION S. The Mayor and Common Council have previously certified a "Final
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23 Environmental Impact Report" (the "FEIR") on May 21, 2001 (State Clearing House No.
24 2000081074) for the community economic development project referred to as the "HUB
25 Project". The scope of the project considered in the FEIR as part of the HUB Project included
26 the public street right-of-way closure and vacation as set forth in this Resolution. As provided in
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CEQA Guidelines Section 15 I 62, no further environmental review is indicated at this time of the
public street right-of-way closure and vacation as set forth in this Resolution.
S82002:34543.2
10/21/02 4
2002-348
RESOLUTION ORDERING VACATION OF THOSE CERTAIN PORTIONS OF ROSEWOOD DRIVE
BETWEEN ORCHARD DRIVE AND TIPPECANOE A VENUE AND ORCHARD DRIVE SOUTH OF
ROSEWOOD DRIVE (PLAN NO. 10503)
1 SECTION 6. The City Clerk is hereby directed and authorized to file a certified copy of
2 this Resolution with the San Bernardino County Recorder's office, subject to the conditions set
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5 of this Resolution have not occurred by a date no later than December 3 I, 2002, then in such
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forth in Section 4( c) of this Resolution. In the event that the conditions set forth in Section 4( c)
event this Resolution shall have no further force or effect.
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S82002:34543.2
10/21/02
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2 Common Council of the City of San Bernardino at a
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The foregoing resolution is hereby approved this 22nd
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2002-348
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RESOLUTION ORDERING VACATION OF THOSE CERTAIN PORTIONS OF ROSEWOOD DRIVE
BETWEEN ORCHARD DRIVE AND TIPPECANOE A VENUE AND ORCHARD DRIVE SOUTH OF
ROSEWOOD DRIVE (PLAN NO. 10503)
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
joint regular
meeting thereof
held on the 21st
day of
October
, 20~, by the following vote, to
wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
LIEN
x
MCGINNIS
x
DERRY
x
SUAREZ
x
ANDERSON
x
MCCAMMACK
x
-" 1
/ } j;
(.L\"~' f
CitY'elerk
~
day of October
r
,20~
.If ( {/L--
.
JUDITH V ALLES, Mayor
City of San Bernardino
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,
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21 Approved as to form
22 and legal content:
23 JAMES F PENMAN
City At
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25 By:
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S0200234543.2
10/21/02 6
2002-348
EXHIBIT "A"
LEGAL DESCRIPTION
THA T PORTION OF ROSEWOOOD DRIVE, 50.00 FEET WIDE, IN THE CITY OF SAN
BERt'lARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON
THE MAP OF TRACT No. 2743, FILED IN BOOK 38, PAGE 47 OF MAPS, RECORDS OF SAID
COUNTY; TOGETHER WITH THAT PORTION OF LOT 59 OF SAID TRACT No. 2743
ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS
DESCRIBED IN A DOCUMENT RECORDED IN'BOOK 7092, PAGE 781 OF OFFICIAL RECORDS
OF SAID COUNTY; TOGETHER WITH THAT PORTION OF LOT 54 OF SAID TRACT No. 2743
ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS
DESCRIBED IN A DOCUMENT RECORDED AS INSTRUMENT No. 83-0285282 OF SAID
OFFICIAL RECORDS; TOGETHER WITH THAT PORTION OF LOT 52 OF SAID TRACT No. 2743
ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERt'lARDINO, AS
DESCRIBED IN A DOCUMENT RECORDED IN BOOK 9329, PAGE 1305 OF SAID OFFICIAL
RECORDS; TOGETHER WITH THOSE PORTIONS OF LOTS 50 AND 51 OF SAID TRACT No.
2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS
DESCRIBED IN A DOCUMENT RECORDED IN BOOK 64]9, PAGE 180 OF SAID OFFICIAL
RECORDS; TOGETHER WITH THAT PORTION OF LOT 44 OF SAID TRACT No.. 2743
ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS
DESCRIBED IN A DOCUMENT RECORDED IN BOOK 8718, PAGE 787 OF SAID OFFICIAL
RECORDS; AND TOGETHER WITH THAT PORTION OF LOT 43 OF SAID TRACT No. 2743
ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS
DESCRIBED IN A DOCUMENT RECORDED IN BOOK 8916, PAGE 1339, AND RERECORDED IN
BOOK 8928, PAGE 596, BOTH OF SAID OFFICIAL RECORDS; TOGETHER MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF TIPPECANOE A VENUE,
60.00 FEET WIDE, AND ROSEWOOD DRIVE, 50.00 FEET WIDE, AS SAID STREETS ARE
SHOWN ON SAID MAP OF TRACT NO. 2743; THENCE NORTH 89048'23" WEST 191.00 FEET
ALONG SAID CENTERLINE OF ROSEWOOD DRIVE TO THE SOUTHERLY PROLONGATION.
OF THE EASTERLY LINE OF SAID LOT 59 AND THE TRUE POINT OF BEGINNING; THENCE
NORTH 00007'58" WEST 30.00 FEET ALONG SAID SOUTHERLY PROLONGATION AND SAID
EASTERL Y LINE TO THE NORTHERLY LINE OF THE SOUTHERLY 500 FEET OF SAID LOT
59, AS DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 7092, PAGE 781 OF OFFICIAL
RECORDS; THENCE NORTH 89048'23" WEST 65.02 FEET ALONG SAID NORTHERLY LINE TO
THE WESTERLY LINE OF SAID LOT 59; THENCE SOUTH 00007'57" EAST 5.00 FEET ALONG
SAID WESTERLY LINE TO THE NORTHERLY LINE OF SAID ROSEWOOD DRIVE, AS SHOWN
ON SAID MAP; THENCE NORtH 89048'23" WEST 260.09 FEET ALONG SAID NORTHERLY
LINE OF ROSEWOOD DRIVE, ALSO BEING THE SOUTHERLY LINE OF LOTS 55 THROUGH 58
INCLUSIVE, OF SAID TRACT No. 2743, TO THE SOUTHEAST CORNER OF SAID LOT 54;
THENCE NORTH 00007'53" WEST 5.00 FEET ALONG THE EASTERLY LINE OF SAID LOT 54
TO THE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET OF SAID LOT 54, AS DESCRIBED
IN SAID DOCUMENT RECORDED AS INSTRillvlENT No. 83-0285282 OF OFFICIAL RECORDS;
THENCE NORTH 89048'23" WEST 65.02 FEET ALONG SAID NORTHERLY LINE TO THE
WESTERLY LINE OF SAID LOT 54; THENCE SOUTH 00007'52" EAST ALONG SAID
WESTERLY LINE TO SAID NORTHERLY LINE OF ROSEWOOD DRIVE; THENCE NORTH
89048'23" WEST 65.02 FEET ALONG SAID NORTHERLY LINE OF ROSEWOOD DRIVE, ALSO
BEING THE SOUTHERLY LINE OF LOT 53 OF SAID TRACT No. 2743, TO THE SOUTHEAST
U:\OO313\~I.;J.ppin!:\Lq;31s\STREET V ACATION\l\OOJI301.doc
2002-348
CORNER OF SAID LOT 52; THENCE NORTH 00007'51" WEST 5.00 FEET ALONG THE
EASTERLY LINE OF SAID LOT 52 TO THE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET
OF SAID LOT 52, AS DESCRIBED IN SAID DOC\JI\.IENT RECORDED IN BOOK 9329, PAGE 1305
OF OFFICIAL RECORDS; THENCE NORTH 89048'23" WEST 180.02 FEET ALONG SAID
NORTHERL Y LINE, AND CONTINUING ALONG THE NORTHERLY LINE OF THE SOUTHERLY
5.00 FEET OF SAID LOTS 51 AND 50, AS DESCRIBED IN SAID DOC\JI\.lENT RECORDED IN
BOOK 64]9, PAGE 180 OF OFFICIAL RECORDS; THENCE PERPENDICULAR TO SAID
NORTHERLY LINE OF ROSEWOOD DRIVE, SOUTH 000] 1 '37" WEST 5.00 FEET TO SAID
NORTHERLY LINE OF ROSEWOOD DRIVE; THENCE NORTH 89048'23" WEST 340.14 FEET
ALONG SAID NORTHERLY LINE OF ROSEWOOD DRIVE, ALSO BEING THE SOUTHERLY
LINE OF SAID LOT 50 AND LOTS 45 THROUGH 49 OF SAID TRACT No. 2743, TO THE
SOUTHEAST CORNER OF SAID LOT 44; THENCE NORTH 00007"44" WEST 5.00 FEET ALONG
THE EASTERLY LINE OF SAID LOT 44 TO THE NORTHERLY LINE OF THE SOUTHERLY 5.00
FEET OF SAID LOT 44, AS DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 87]8,
PAGE 787 OF OFFICIAL RECORDS; THENCE NORTH 89048'23" WEST 110.]6 FEET ALONG
SAID NORTHERLY LINE, AND CONTINUING ALONG THE NORTHERLY LINE OF THE
SOUTHERLY 5.00 FEET OF SAID LOT 43, AS DESCRIBED IN SAID DOCUNIENT RECORDED IN
BOOK 8916, PAGE 1339, AND RERECORDED IN BOOK 8928, PAGE 596, BOTH OF OFFICIAL
RECORDS, TO THE BEGINNING OF A CURVE CONCA VE NORTHEASTERLY, HAVING A
RADIUS OF 20.00 FEET; THENCE NORTHWESTERLY 31.30 FEET ALONG SAID CURVE AND
CONTINUING ALONG SAID NORTHERLY LINE, THROUGH A CENTRAL ANGLE OF 89040'41"
TO A POINT OF TANGENCY W]TH THE EASTERLY LINE OF ORCHARD DRIVE, AS SHO\VN
ON SAID MAP; THENCE SOUTH 00007"42" EAST 84.95 FEET ALONG SAID EASTERLY LINE
TO A POINT OF CUSP OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF
10.00 FEET, A LINE RADIAL TO SAID POINT OF CUSP BEARS SOUTH 89052']8" WEST;
THENCE NORTHEASTERLY ]5.76 FEET ALONG SAID CURVE, ALSO BEING THE
NORTHWESTERLY LINE OF LOT 78 OF SAID TRACT No. 2743, THROUGH A CENTRAL
ANGLE OF 90019'] 9" TO THE SOUTHERLY LINE OF SAID ROSEWOOD DRIVE; THENCE
SOUTH 89048'23" EAST 1095.35 FEET ALONG SAID SOUTHERLY LINE, ALSO BEING THE
NOR THERL Y LINE OF SAID LOT 78 AND LOTS 62 THROUGH 77 INCLUSrvE, OF SAID TRACT
No 2743, TO THE POINT OF INTERSECTION OF SAID SOUTHERLY LINE WITH SAID
SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 59; THENCE NORTH
00007"58" WEST 25.00 FEET ALONG SAID SOUTHERLY PROLONGATION TO THE TRUE
POINT OF BEGINNING.
PREPARED UNDER MY SUPERVISION:
~~
STEVE SHAMBECK, P.L.S. 6217
LICENSE EXPIRES 3/31/06
0/t~~()'L
DATE
WOO313\MJpping\legalsISTREET V ACA TlON'AOO31301 ,doc
2002-348
EXHIBIT "B"
LEGAL DESCRIPTION
THAT PORTION OF ORCHARD DRIVE AND ROSEWOOD DRIVE, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN
.ON THE MAP OF TRACT 2743, FILED IN BOOK 38, PAGE 47 OF MAPS, RECORDS OF
SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH WEST CORNER OF SAID TRACT NO. 2743. THENCE
NORTH 00007'42" WEST 210.77 FEET ALONG THE WEST LINE OF SAID TRACT TO
THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY,
HA VlNG A RADIUS OF 508.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH
13009'41" EAST; THENCE NORTHEASTERLY 31.05 FEET ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 03030'08" TO A NON-TANGENT LINE, BEING THE
EAST LINE OF ORCHARD DRIVE, OF SAID TRACT NO. 2743; THENCE SOUTH
00007'42" EAST 218.86 FEET ALONG SAID EAST LINE OF ORCHARD DRIVE TO THE
SOUTH LINE OF SAID TRACT NO. 2743; THENCE NORTH 89048'15" WEST 30.00 FEET
ALONG SAID SOUlli LINE TO THE TRUE POINT OF BEGINNING
PREPARED UNDER!\fY SUPERVISION:
ffi- J-
4)'fJ/'Uo'Z-
DATE
STEVE SHAMBECK, P.LS. 6217
LICENSE EXPIRES 3/31/06
2002-348
EXHIBIT "e"
Real property in the City of San BernardinQ, CQunty of San Bernardino, St,,-te of
California, described as fQ llows:
PARCEL NO.1:
LOTS 60,62, 63, 64, 65, 66, 75, 76 AND 77, TRACT NO. 2743, LOMA LlNDA
GARDENS, IN THE. CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF C.tillFORNIA; AS PER PLAT RECORDED IN
BOOK 38 OF MAPS, PAGE 47, RECORDS OF SAID coUNTY.
EXCEPTING THAT PORTION OF LOT 60 DEEDED TO THE STATE OF
CALIFORNL.;. FOR HIGHWAY PURPOSES BY DEED RECORDED
SEPTEMBER 13, 1960, IN BOOK5233, PAGE 342, OFFICIAL RECORDS.
[APN: 0281..D83-18; 0281-083-17; 0281-083-16; 0281-083-15; 0281-083-14; 0281-
083-13; 0281-083-04; 0281..D83-03; 0281-083-02J
PARCEL NO.2:
THAT PORTION OF LOT 5, BLOCK 72, RANCHO SAN BERNARDINO, IN
TIlE CITY OF SAl"<BERNARDINO COUNTY OF SAi"l'BERNARDINO, STATE
OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OFMAPS,PAG.E2,
l<.ECORDS OF SAID COUNTY; AND A PORTION OF LOT 61, TRACT NO.
2743, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN
BOOK38 OF MAPS, PAGE 47,RECORDS OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING ON THE WEST LINE OF SAID LOT 5, AT THE SOUTHWEST
CORNER OF SAID TR..t\CT NO. 2743; TIIENCE EASTERLY ALONG THE
SOUTH LINE OF SAID TRACT NO. 274-3,ADISTANCE OF 1134.25 FEET TO
THE SOUTHWEST CORNER OF SAID LOT 61; THENCE NORTHERLY
. ALONG THE WEST UNE OF SAID LOT 61, A DISTANCE OF 65 FEET TO
THE NORTHWEST CORi.'fER OF SAID LOT 61; THENCE EASTERLY ALONG'
THE NORTH LINE OF SAlDLOT 61, A DISTANCE OF 146.94 FEETIO THE
WEST LINE OF THE EAST 14.00 FEET OF SAID LOT 61; THENCE ALONG
SAID WEST LINE (COURSE "E') soum 0 DEG. 36' 12" EAST, 44.99 FEET;
THENCE (COURSE"F')SOum02DEG. 49' 'WWEST, 72.79 FEET; TIiENCE
(COURSE "0") soT]I1iWESTERL Y ALONG A TANGENT CURVE CONCAVE
NORTHWESTERL ywmr ARADlUS OF 50 FEET, TliROUGH AN ANGLE OF
73 DEG. 00' 59", ^ DISTANCE OF 63.72 FEET; THENCE (COURSE "H")
SOlITH 75 DEG. 50' 43" WEST, 963.86 FEET; THENCE (COURSE 'T') SOUTH
78 DEG. 57' 07" WEST, 306.92 FEET TO SAID WEST LINE OF SAID LOT 5;
nIENCE NORTHERLY ALONG SAID WEST LINE 381.19 FEET TO THE
POINT OF BEGlNNING.
[APN: 0281-083-20 AND 0281-091-39]"
2002-348
EXHIBIT "D"
The Redevelopment Agency of the City of San Bernardino shall cause to be
inserted into its quitclaim deed of the "Phase I Site" to SBT Partners, LLC a reservation
of a nonexclusive easement for motor vehicle, and non-motor vehicle and pedestrian
ingress and egress the following text as provided in the resolution of the Mayor and
Common Council to which this Exhibit "D" is attached.
"RESERVING IN FAVOR OF THE AGENCY, its successors and assigns upon a
portion of the Property a non-exclusive easement for motor vehicle and non-
motor vehicle and pedestrian ingress and egress across those portions of Lot 47,
48, n and 73 of Tract No. 2743 as per map recorded in Book 38 of Maps, page
47, records of the County Recorder of San Bernardino County, State of
California, together with portions of vacated Rosewood Drive, as said street is
delineated on the map of said Tract No. 2743, and vacated by the Mayor and
Common Council of the City of San Bernardino by Resolution No. 2002-
, recorded on , 2002 as document number
, records of said County described as follows:
A 30 foot strip ofland, the centerline of which is described as follows:
Commencing at the northeast corner of Lot 26 of said Tract no. 2743;
thence South 000 07' 58" East, along the east line of said Lot 26, a
distance of 17.00 feet; thence North 890 48' 40" West, a distance of
446.48 feet to a tangent curve, concave southeasterly, having a radius of
508.00 feet; thence, Course "A", westerly and southwesterly, along said
curve, an arc distance of 416.93 feet, through a central angle of 470 01'
25" and the True Point of Beginning; thence South 450 50' 05" East, a
distance of n.1O feet to a tangent curve, concave southwesterly having a
radius of 100.00 feet; thence southeasterly, along said curve, an arc
distance of 64.29 feet through a central angle of 370 50' 05"; thence South
10000' 00" East, a distance of 197.13 feet, more or less, to the south line
of said lot n and the point oftermination;
The sidelines of said easement shall be shortened or lengthened as to
terminate on said south line of Lot n;
EXCEPTING THEREFROM, those portions of Lot 47 dedicated to the
City of San Bernardino for public street and highway purposes;
(The area of the Property upon which such non-exclusive easement is
situated contains 10,152 square feet, more or less).
s82002035785.1
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882002:35785.1
2002-348
The non-exclusive easement for motor vehicle and non-motor vehicle and
pedestrian ingress and egress as hereby reserved by the Agency is
appurtenant to the lands described as follows:
Real property in the City of San Bernardino, County of San
Bernardino, State of California, described as follows:
PARCEL NO. I:
LOTS 60, 62, 63, 64, 65, 66, 75, 76 AND 77, TRACT NO. 2743,
LOMA LINDA GARDENS, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, ST ATE OF
CALIFORNIA, AS PER PLAT RECORDED IN BOOK 38 OF
MAPS, PAGE 47, RECORDS OF SAID COUNTY.
EXCEPTING THAT PORTION OF LOT 60 DEEDED TO THE
STATE OF CALIFORNIA FOR HIGHWAY PURPOSES BY
DEED RECORDED SEPTEMBER 13, 1960, IN BOOK 5233,
PAGE 342, OFFICIAL RECORDS.
[APN: 0281-083-18; 0281-083-17; 0281-083-16; 0281-083-15;
0281-083-14; 0281-083-13; 0281-083-04; 0281-083-03; 0281-083-
02]
PARCEL NO.2:
THAT PORTION OF LOT 5, BLOCK 72, RANCHO SAN
BERNARDINO, IN THE CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2,
RECORDS OF SAID COUNTY; AND A PORTION OF LOT 61,
TRACT NO. 2743, IN THE CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
AS PER PLAT RECORDED IN BOOK 38 OF MAPS, PAGE 47,
RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING ON THE WEST LINE OF SAID LOT 5, AT THE
SOUTHWEST CORNER OF SAID TRACT NO. 2743; THENCE
EASTERLY ALONG THE SOUTH LINE OF SAID TRACT NO.
2743, A DISTANCE OF 1134.25 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 61; THENCE NORTHERLY ALONG
THE WEST LINE OF SAID LOT 61, A DISTANCE OF 65 FEET
TO THE NORTHWEST CORNER OF SAID LOT 61; THENCE
EASTERLY ALONG THE NORTH LINE OF SAID LOT 61, A
DISTANCE OF 146.94 FEET TO THE WEST LINE OF THE
EAST 14.00 FEET OF SAID LOT 61; THENCE ALONG SAID
2
~.~
2002-348
WEST LINE (COURSE "E") SOUTH 0 DEG. 36' 12" EAST,
44.99 FEET; THENCE (COURSE "F") SOUTH 02 DEG. 49' 44"
WEST, 72.79 FEET; THENCE (COURSE "G")
SOUTHWESTERLY ALONG A TANGENT CURVE
CONCAVE NORTHWESTERLY WITH A RADIUS OF 50
FEET, THROUGH AN ANGLE OF 73 DEG. 00' 59", A
DISTANCE OF 63.72 FEET; THENCE (COURSE "H") SOUTH
75 DEG. 50' 43" WEST, 963.86 FEET; THENCE (COURSE "I")
SOUTH 78 DEG. 57' 07" WEST, 306.92 FEET TO SAID WEST
LINE OF SAID LOT 5; THENCE NORTHERLY ALONG SAID
WEST LINE 387.19 FEET TO THE POINT OF BEGINNING.
[APN: 0281-083-20 AND 0281-091-39]
PROVIDED HOWEVER that the non-exclusive easement for motor vehicle and
non-motor vehicle and pedestrian ingress and egress as hereby reserved by the
Agency shall be terminated by the Agency upon the entry of a final judgment of
condemnation in favor of the Inland Valley Development Agency condemning all
of the lands described in San Bernardino County Superior Court Case No. SCVSS
88138."
A vicinity map prepared by the City Engineer as of October 9, 2002, which
generally depicts the location of the easement described above, has previously
been delivered to JAKS, and is on file with the City Engineer.
S82002:35785.1
3
LOWELL R. 'W'EDEMEYER. LAWYER
719 Yarmouth Road, Suite 202, Palos Verdes Estates. CA 90274
~
David Gondek, Esq.
Lewis, Brisbois, et a1.
FAX TO: 909-663-2294
October 21,2002
RE: Compromise Agreernent, Vacation of Rosewood Drive
David:
Enclosed is the text of the Waiver and Release of Claims, etc., bearing the signatures on
behalf of JAKS, LLC. Please note that we added the underlined, initialled text in paragraph 5 as
you and I discussed. We do not have all of the exhibits but they are adequately described in the
text so that we all know what they arc.
Please forward to my office in Palos Verdes a complete agreement bearing all signatures
and with all exhibits appended.
We will be unable to physically appear at the hearing this afternoon because we waited to
get all of the signatures on the final agreement and no longer have sufficient time to drive out to
the hearing.
Thank you and Huston Carlyle for your courtesy.
Very Truly Yours,
~MEYER
Lowell R. ~meyer
Attorney to JAKS, LLC.
Entered into Record It
CouncillCmyDevCms Mtg:
j()/V /02.
,
by
re Agenda Item
~
City Clerll/CDC See,
City of Sin Bernlrdino
3tJ
b,~
.............--
JKS Investment Group, LLC
Real Estate Investments
Office 'lndusttial . R&D
Retail. Hospitality
FACSIMILE TRANSMITTAL
/oh9~.L-
ORIGINAL MAILED: [ ] Ves [] No
~ otJf- {,( 0[ jj E.J?JEV€-f<-
/ .
:$, a-J::- g--~ 9<fj?
DATE:
TO:
DFJve c;. ON 2l E k.
9CJY- S8?-II~g"
)
PAGES SENT:
RECIPIENT FAX: (
(jncllldin~ cover)
FROM:
'50 rf IJ
k I'9-v F.4'? /9 AJ
RE:
COMMENTS: 1''''',...... ;.,,~ ~ h-d }LA f:-<.~/?~
~ 1 :Y. ~-
CONFlnIiNTI/JLlTJ' NOTfL7i.- Trns FAx TRANSMISSION I~ INTF."'I)ED FOR Tl-I~ llSE OF THE TNDTVlDtJAT.. OR F;NTJT'V TO WHICH IT IS
^DDh:~ssp,n, ANn MAY CONT^IN INFORMATION THA"f IS rhJVrLEGED. CONFmr~T1At. ANI') EXRMPT r,'ROM IJISCLOSURR UNDER
A"PI.fCMJLE r~Aw. IF VOll ARE NOT TJr~ INTRNDED RECII"IENTt VOU ARE HERr,::BY NOTlFJF.1) THAT ANY lJJSTRTlJUTION, COPYING OR
OTHf!;ll ACTION "ASED ON nil''; COl'<TENTS 017 TlUS COMMIJNICAl'HJN I~ .CiTRJCTLY I~ROJ-nnITED. IF VOl) HAVF. RECRfVED nns
Cn'1i\ftlN'JCA1'IOrv IN f'.RROR, PLJl:M;[ NOTIFY tt.... JMMF:l)rATIi:I. Y By TELU"TONI~ ^ND lJf'.srnov mr. OR'GI~AL COM~(INJCA 1'101".
472i Wi/shire B()ulevGI-d. Suite 6JO, Lm. Angefe:..s, California 90010-3875
Telephone 323,525,1515, Facsimile 323, 525 1616 Fax
CITY OF SAN BER1~ARDINO
AND
JAKS, LLC
WAIVER AND RELEASE OF CLAIMS ARISING FROM
CITY OF SAN BERNARDINO PUBLIC STREET
VACATION PROCEEDINGS (PORTIONS OF ROSEWOOD
DRIVE AND ORCHARD DRIVE: CITY PLAN NO. 10503)
THIS WAIVER AND RELEASE OF CLAIMS (the "Agreement") is dated as of October
~l, 2002 by and between JAKS, LLC, a California limited liability company ("JAKS") and the
City of San Bernardino (the "City") and is entered into in light of the facts set forth in the
fo llowing Recital paragraphs:
- - RECITALS --
The City has initiated public street vacation proceedings under its Mayor and Common
Council Resolution No. 2002-282, dated September 9, 2002, affecting the public street rig))~-of-
way described in the attachments to Mayor and Common COU.JllfiJ Resolution No. 2002~
copy of Mayor and Common Council Resolution No. 2002-m-is attached hereto as Exhibl
"A". The public st~e$t vacation proceedings initiated by Mayor and Common Council
Resolution No. 2002-ml.are referred to in this Agreement as the "Rosewood Street Vacation
Proceedings" .
.
JAKS has received notice of the initiation of Rosewood Street Vacation Proceedings and
has submitted certain correspondence dated October 2, 2002 to the City relating to such
proceedings. A copy of such correspondence is attached hereto as Exhibit "B".
The Inland Valley Development Agency has previously initiated certain condemnation
proceedings in San Bernardino County Superior Court Case No. SCVSS 88138, in accordance
v.;th a Condemnation Memorandum, dated as of November 5, 2001, by an between the Inland
Valley Development Agency and the Redevelopment Agency of the City of San Bernardino
affecting the lands o\\o'Iled by JAKS (the "JAKS Land"). A legal description of the JAKS Land is
attached as Exhibit "C".
NOW THEREFORE FOR GOOD AND VALUABLE CONSIDERATION AND THE
PROMISES OF THE PARTIES, IT IS HEREBY AGREED AS FOLLOWS:
I. The Parties agree that this Agreement is in the nature of an offer of compromise
to obtain the release and waiver of all of the claims of JAKS which JAKS may assert against the
City relating to the Rosewood Street Vacation Proceedings, and as such, the provisions of this
Agreement are subject to Evidence Code Section i 152 By entering into this Agreement the City
does not admit any contention of JAKS relating to the objections of JAKS to the Rosewood
1
SB2002:347Sj 2
1"'-l.g-lI' 14i3t1
rrom-L.IIS BRISBOIS BISQARO I SMITH LlP
iOR885i187
T-732 P03/24 F-224
CITY OF SAN BTtRNARPINO
AND
JAKS. U.C
WAJV~R A..'lD RELEASE OF CLAIMS ARISING FROM
CITY OF SAN BERNARDmO PUBLIC STHEET
V ACA TION rROCnDJNG$ (PORTIONS OF aosrwoDD
DRM AND ORCHARl) DRIVE: em PUN NO. 10503)
II THIS WAIVER AND U!..EASE OF CLAIMS (die "Apc:mel\~i is dated as of Oc:tcber
.;i....... 2002 by ana berweell JAKS, LtC. a ClJliforuia limited liability company ("]AJ(9'') and the
City of San BlImardil1Q (lhe "City" fUId is Gllte\"cd im:o in light of me fads set fOM in the:
fa Howing Reciml pllfagrnphs:
-- ucrr.u.S ..
~
The City has initiated p~bljl: ~ v~caJioll procealinp umkr its Mllyor an4 Common
Co\llltil Resolution No. 2002-28;l, dafe4 ~ptember 9. 2002, affeeting rht plIblic Street riiltA-of-
ay de5CribcQ in tha anaclunt:lU$ CO Mayor an4 Common COl.I.PliiI ~30hniO# No. 2D02..:fl1t- A.
. c.opy I'f Mayor and Comm()ll. Council Resolutlol1 No. 2002~$ att.ICbed hetefo as Tixllibit
'A h. The public S1l;~ 1;a~ation plocoetiings initi~ted by Mayor and Common Cotmdl
'~oII.OliQIl WI'. 2002~~",...., nafli'l11'd to in tbi. Agre.:ment as th'" "Rl:lSl!WOad S1re'lI Vacation
Procecdingsh.
JAKS \IllS =iy"d nOlJ.l'l4l of the initlil\ion of Rosewood Sm:ct VacmDll Procaldi1\llfi IlIlll
has submilU'd certain aonespmuicnc:e !law! OC\ober ;l. 2002 to the City relftliD~ to lIw:h
pTo<<.aill8s. ... copy Cl( such "Prn'9ponllence is A~ hereUlIl$ Exhibit "B".
The Tnland Valley Developm<'llt ~cy has previOWlly initlatea ,maill ,,~dellU\lltion
proceedings in San BemardillO County Sup:ri(ll' Co1.l1t Ca~ No. scVSS &8138, In acc:ordMCe
\lolth a Cc:l1ldenu1atiQn Memoramium. daled Il~ of No\'ember S, 2001. by an b~tlWen lhe Inl/lnd
VIIlI"y DlWlI!opmenl ~ an!! the Rede\'e1Qpment .t\.{lllIlCy of the Cit) of San Bernardino
atf~tinB1be IMds owned b}' JAKS (the "JA,KS Land"} A legal descnpuan off.lle JAKS Land ia
atlachad as ElIhlbit "C"
NOW THEREFORE. FOR GOOD AND VALUABLE CONlilPl'AATlON AND THE
PROMISES OF THE PARTIES, IT IS HEREBY AGREED AS fOllOWS:
1. The Panics 1I~ \lIat #lis ApllllmlllU is j" W: 1I~" I>f an offer of COl11prouUsfl
to obtain me n:lell$l! an4 WlIiver of all of the claims of JAKS wbicl1 JAKS may lt5serl aJainst the
City rela.ting to the Ro~od S!tllf4 VaceliOn f'roteet.llllgs, Wtl il$ sw;h. til.; "Pl"qylsians Df mis
A~ment are !lul:Uect 10 Evl~r:lll:l' Coc:le ge~tion 1 \ 52 By entering illUl this A.geemellt 1be CilY
Mes DOl admit any contentioR of JAKS rdating I.C the p*ctiOnli af JAKS to the RoeeQ/QOll
t
~1':lllOH~7S3 2
. .
Street Vacation Proceedings. including without limitation any claim by JAKS that the
completion Clf the Rosewood Street Vacation Proceedings by the City in the manner proposed in
the City staffreport, and accompanying materials, dated September 16, 2002, as submitted to the
Mayor and Common Council on October 7, 2002, would render the JAKS Land without
reasonable and adequate access to the system of public streets which abut the JAKS Land.
2. In consideration of the undertaking of the City as set forth in Section 3, .JAKS
hereby withdraws each and every objection it has submitted either orally or in writing to the City
relating to the Rosewood Public Street Vacation Proceedings including without limitation the
completion of the Rosewood Street VacatiolJ, fJ.oceedings in the manner as proposed in Mayor
and Common Council Resolution No. 2002..m~and JAKS for itself. its successors and assigns
hereby: (i) waives and releases all claims which it may have against the City its elected officer,
officials, boards, commission, agencies, attorneys. employees and agents for loss of abuttin
access of any portion of the JAKS Land to the public street ti~s-of-way as proposed to be
vacated in Mayor and Common Council Resolution No. 2002-~upon the completion of th
Rosewood Street Vacation Proceedings, as evidenced by the adoption of the resolution of t e
Mayor and Common Council dated October 21, 2002 which references this Agreement; and (ii)
waives and releases all claims which it may have against the City, its elected officers, officials,
boards, commission, agencies, attorneys, employees and agents for loss of value to the JAKS
Land associated wiili the completion of the Rosewood Street Vacation Proceedings, as evidenced
by the adoption of the resolution of the Mayor and Common COlillcil dated October 21, 2002
which references this Agreement.
3. In consideration of the waiver and release of claims of JAKS as set forth in
Section 2, ilie City hereby agrees to verify, as part of the completion of the Rosewood Street
Vacation Proceedings as evidenced by the adoption of the resolution of the Mayor and Common
Council dated October 21, 2002 which references this Agreement, iliat the Redevelopment
Agency of the City of San Bernardino (the "Agency") will create by reservation a non-exclusive
easement for motor vehicle and non-motor vehicle and pedestrian ingress and egress by
including in the text of the quitclaim deed of cite Agency transferring to SBT Partners, LLC, a
California limited liability company ("SBT Partners") the "Phase I Site", as this term is defined
in iliat certain agreement, dated as of May 21, 2001, as amended, by and between SBT Partners
and the Agency the following provisions:
"RESERVING IN FAVOR OF THE AGENCY, its successors and assigns upon a portion
of the Property a non-exclusive easement for motor vehicle and non-motor vehicle and
pedestrian ingress and egress across those portions of Lot 47, 48, 72 and 73 of Tract No.
2743 as per map recorded in Book 38 of Maps, page 47. records ofilie County Recorder
of San Bernardino County, State of California, together wiili. portions of vacated
Rosewood Drive, as said street is delineated on the map of said Tract No. 2743, and
vacated by the Mayor and Common Council of the City of San Bernardino by Resolution
No. 2002- , recorded on , 2002 as document number
, records of said County described as follows:
A 30 foot strip of land, the centerline of which is described as follows:
2
SB200:2::;4753.2
. IU'IH~Dl 14:39
From-LEWIS BRISBOIS BISG~RO . SMITH LLP
90m531 aT
T-732 P.04/14 F-124
Sn~ Vac!UiOll Procecdillgs. including \\imout limiM;QI\ any claim by M~S mat the
c/lII\J>~UOn ohhtl ~jlwood Slfeef V&<:ation J>rooj!l!II1~ by the City In lhc: \'ll1UlfUlf Prc;lpQ$I!d in
the City Staff report. and accompanying ~ll, q_ Septembt:r 16. 2002. IS submitted to me
~II}'OJ llAA COlIUllCn CO\lflc:i\ on o..u>bo, 7, 2002, wo\l~n fend... rhe IAKS UUld withl>\#
rl;lasonabl~ anII1 adeqUate access to tbe sy5tetn of publit s!rem wh.ich ~bul the J AKS Land.
1. In CJOrI!ridet1ltion of tile I!lldenakine of tlle City as set forfh in Si:ctioll 3. lAKS
h&reby withlltaws each and lMIY objectioo it h8li Sl\bmitted ~fber oruJly or m writil1g lC) me City
relatlni to the Ro~gon Public Slreet VacaJioo I'roclllNiinlJ$ itu.:luding witllll1.lt Iil1liration lite (J~
~ completion of the lWscwood Streta Vacalioll ~g:l in llIll manner as Pfoposec:l in ~ .
and Common Council R.~$oltStion No 2QO~lUld JAKS tor itself. its Sll"c~ <md lIlIl;pt
heJepy: (i) waives and releases all claims whij;h it \'llIY bave lIPiml the City irs elected otliCCl'l,
officials, boatds. cOm.nUs!ioo, ~ies. lU1ClrIJeys.. employaes and. agents for IIllS of abuuing
, IICClQS of any portian of the JAKS J.ald 10 tile pllblic Alnlet qRDJs-af.way flll prop,,* fa be (y~
vacated In Ma)'llr lIIId Common Council ~Imion No, 2002.lu- upon me: COmpletillQ of the
Ro,~OQd Sueet VlIcetion proceeQin~, lIS eWleuCc:d b1 lbe IIdgpJiap of flu: ",,,,llDioQ of !he
MaYllr ana Common COUllCJl <l4Y<!d October 2\. 2Q02 wbieh rl'f~t"5 this Agreement: aRC! (ii)
waiv~ and releases all claims wllicl1 it mllY have: again51ll1e City. its electetl offi=. offj!:i,"!I,
boards. commission. agencies, anomey" employees BQd l$gCl~ for lollS of value to the IAKS
!.aml i\5SQ1;illted with Ihr complmon of lhe Ruse\\'IlOCl SlfI;ct VuaMn Procoeciinss, as evi~
by \be adQflMl\ of tllc resolunon of tI:Il: Mayw llnll Collunlm COUIl<>iI dMed Oc:t/lber 21, 2002
whicll rsfm:nces lhis Agremnent.
3. In call1lidcfation of the waivet and ft!JeIl:lt' of claims Df JAKS as SIll fm'Ih in
Sec:non 2, the City hereby l\gTt'es to verify, a:; part af tile complt'tiou of the Ra3eWllCld SlrItCt
Vllcation Proceedin~s as ,=vidl.'nc:eQ by the l1Lloptillll Qf~ rllsolunon of1he Mayor and Cornman
COl\1lCil dated October 21. 2002 which n:ferCIlJ;e~ this Agreement, mat tile Redeve\QpmCnt
A8~ncy o! the City of San Bemardinu (the "Agelll:j"1 will erealc by n:setvlllOQ a I1On.~l:!usiVli
C~f fClf lnClWr \tebicl" afld ncMnDlllr vehiele an4 pe4e9lrian ingms lW\d &:f!l'CS9 by
illcllldillg ill the \eX! of w qllitclaim dlIed of mil Agene)' mmsf"emng III saT p~ LLC, a
CalIfornia Iimi~4 liabilil)' compUlY ("BBT !'IIrtnns'') th, "Phase [ S;M", as this term P definl!d
in thAt cr:nairI iIgTl:=n.enl, r:!ared as of May 21. :ZOOl. as am~ec:l. by IUId bttweeu SBT p~
ll.lld the AecmcY the following provisi.ol1s:
"RESERVING IN FAVOR Of THE AOElllCY. its ~~ iUl4 uliigns upon II ponion
of the Property a nOn-d<<:lU5ive c8A<:nIInt fOr motOr ,-.hit;le Uld nOll-fIullor vd\il:Ie asui
pcdeSlnan ingress and;gJ'~ ~I'OS$ tho5&: portilln6 of f..at 47, 48, 72 and 73 af1l1iet No"
2743 as per map recorded in Boole JS ofMllps, p;age 47. recor(\S ofUlc Count.y Reeanfq
of San Bernardino Cmmty. Slate pf Califomi.. lllgetber with portions of va=cd
Ro~ Drive. as llIIid S~ is del~d OQ the map of said Tma No. 214], and
"~C<<tcd by me Ma)Qr and Co."1IlnQI\ CoWl'il ofmll City cf SIItl Bernardinll by Resolution iIIo, :2002. . recorded on . 2002 as dOC\lment numbu
, records of sailS County Ilt'scrlbed as follows:
A 30 foot strip anand. $c:: l;mterJine O'f which is de5Cribl!d as follQwS:
2
SB~02,"mJ.2
SB2002.34iS3.2
Commencing at the northeast corner of Lot 26 of said Tract no. 2743; thence
South 000 07' 58" East, along the east line of said Lot 26, a distance of 17.00 feet;
thence North 890 48' 40" West, a distance of 446.48 feet to a tangent curve,
concave southeasterly, having a radius of 508.00 feet; thence, Course "A",
westerly and southwesterly, along said curve, an arc distance of 416.93 feet,
through a central angle of 47" 01' 25" and the True Point of Begilming; thence
South 450 50' OS" East, a distance of 72.10 feet to a tangent curve, concave
southwesterly having a radius of 100.00 feet; thence southeasterly, along said
curve, an arc distance of 64.29 feet through a central angle of 370 50' OS"; thence
South 100 00' 00" East, a distance of 197.13 feet, more or less, to the south line of
said lot 72 and the point of terrnination;
The sidelines of said easement shall be shortened or lengthened as to terminate on
said south line of Lot 72;
EXCEPTING THEREFRO\1, those portions of Lot 47 dedicated to the City of
San Bernardino for public street and highway purposes:
(The area of the Property upon which such non-exclusive easement is situated
contains 10,152 square feet. more or less).
The non-exclusive easement for motor vehicle and non-motor vehicle and
pedestrian ingress and egress as hereby reserved by the Agency is appurtenant to
the lands described as follows:
Real property in the City of San Bernardino, County of San Bernardino,
State of California, described as follows:
PARCEL NO.1:
LOTS 60, 62, 63, 64,65,66, 75, 76 AND 77, TRACT NO. 2743, LOMA
LINDA GARDENS, IN THE CITY OF SAN BERNARDINO. COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 38 OF MAPS. PAGE 47. RECORDS OF SAID
COUNTY.
EXCEPTING THAT PORTION OF LOT 60 DEEDED TO THE STATE
OF CALIFORNIA FOR H1GHW A Y PURPOSES BY DEED
RECORDED SEPTEMBER 13, 1960, IN BOOK 5233, PAGE 342,
OFFICIAL RECORDS.
[APN: 0281-083-18; 0281-083-17; 0281-083-16; 0281-083-15; 0281-083-
14,0281-083-13; 0281-083-04; 0281-083-03; 0281-083-02]
3
PARCEL NO.2:
THAT PORTION OF LOT 5, BLOCK 72, RANCHO SAN
BERNARDINO, IN THE CITY OF SAN BERNARDINO COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID
COUNTY; AND A PORTION OF LOT 61, TRACT NO. 2743, IN THE
CITY OF SAN BERNARDTNO, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA. AS PER PLAT RECORDED IN BOOK 38
OF MAPS, PAGE 47, RECORDS OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING ON THE WEST LINE OF SAID LOT 5, AT THE
SOUTHWEST CORNER OF SAID TRACT NO. 2743; THENCE
EASTERLY ALONG mE soum LINE OF SAID TRACT NO. 2743,
A DISTANCE OF 1134.25 FEET TO THE SOUTHWEST CORNER OF
SAID LOT 61; THENCE NORTHERLY ALONG THE WEST LINE OF
SAID LOT 61, A DISTANCE OF 65 FEET TO THE NORTHWEST
CORNER OF SAID LOT 61; THENCE EASTERLY ALONG THE
NORTH LINE OF SAID LOT 61, A DISTANCE OF 146.94 FEET TO
THE WEST LINE OF THE EAST 14.00 FEET OF SAID LOT 61;
THENCE ALONG SAID WEST LINE (COURSE "E") SOUTH 0 DEG
36' 12" EAST, 44.99 FEET: THE?>ICE (COURSE "F") SOUTH 02 DEG.
49' 44" WEST, 72.79 FEET; THENCE (COURSE "G'')
SOUTHWESTERLY ALONG A TANGENT CURVE CONCAVE
NORTHWESTERL Y WITH A RADIUS OF 50 FEET, THROUGH AN
ANGLE OF 73 DEG. 00' 59", A DISTANCE OF 63.72 FEET; THENCE
(COURSE "W) soum 75 DEG. 50' 43" WEST, 963.86 FEET;
THENCE (COURSE "1") SOUTH 78 DEG. 57' 07" WEST, 306.92 FEET
TO SAlD WEST LINE OF SAID LOT 5; THENCE NORTHERLY
ALONG SAID WEST LINE 38719 FEET TO THE POINT OF
BEGINNING.
[APN: 0281-083-20 AND 0281-091-39]
PROVIDED HOWEVER that the non-exclusive easement for motor vehicle and non-
motor vehicle and pedestrian ingress and egress as hereby reserved by the Agency shall
be terminated by the Agency upon the entry of a final judgment of condemnation in favor
of the Inland Valley Development Agency condemning all of the lands described in San
Bernardino County Superior Court Case No. SCVSS 88138."
A vicinity map prepared by the City Engineer as of October 9, 2002, which generally
depicts the location of the easement described above, has previously been delivered to
JAKS, and is on file with the City Engineer.
4
SB2002c347532
4. Except as otherwise expressly provided herein, the Parties hereto on behalf of
themselves and no others, hereby release and discharge each other, their officers, directors,
shareholders, employees, agents, attorneys, beneficiaries, representatives, successors and assigns
from any and all debts, claims, demands, liabilities, obligations, causes of action and tights,
whether known or unknown, which each party now owns or holds, or at any time heretofore
owned or held, by reason of any act. matter. cause or thing whatsoever, arising between the
parties hereto in any way from the adoption by the Mayor and Cornmon Council of Resolution
No. 2002-W'and the completion of the Rosewood Street Vacation Proceedings as evidenced by
the adoption of the resolution of the Mayor and Common Council dated October 21, 2002 which
references this Agreement.
5. Upon the adoption of the resolution of the Mayor and Cornmon Council which
references this Agreement the Parties agree to release and shall release any and all claims, on the ~
subiect matter stated in the immediately preceedinl! oaragraohs 2 and 4, whether or not claimed
or suspected, by the Parties, to and including such date, which shall constitute a waiver of each
and all of the provisions of California Civil Code Section 1542. which Civil Code Section re .
as follows:
"A gcncral release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the debtor."
The Parties hereby acknowledge that the import of the provi.sions of Civil Code Section
1542 have been explained to them by their 0....11 counsel and that they understand the same.
6. Notwithstanding any other provision of this Agreement. each and every one of the
releases provided in Section 2 of this Agreemcnt shall only become effective upon the
completion of the Rosewood Street Vacation Proceedings, as evidenced by the adoption of the
resolution of the Mayor and Cornmon Council dated October 21. 2002 which rcferences this
Agreement; provided however, that in the event that for any reason SBT Partners may not accept
delivery from the Agency of the Phase I Site under the quitclaim of the Agency containing the
non-exclusive easement as set forth in Section 3, by a date not later than December 31, 2002,
then in such event the recordation of the resolution of the Mayor and Cornmon Council dated
October 21, 2002 which references this Agreement shall not occur, and the Rosewood Street
Vacation Proceedings shall be of no further force or effect and the Parties shall be mutually
released and discharged from any further obligation under this Agreement.
7. It is expressly understood and agreed by the Parties that the facts with respect to
which the releases are given herein may hereinafter be detenn ined to be other tlum or different
from the facts in that connection now knov,,-rJ or believed by the Parties to be true, and the Parties
exprcssly assume the risk of the facts being different, and agree that this Agreement shall be in
all respects effective and not subject to termination or rescission by reason of any such difference
in facts. The Parties lmderstand and acknowledge the significance and the consequence of such a
spccific waivcr of unknown claims and hereby assume full responsibility for any injuries,
5
562002:34753.2
. IU-Zft-UZ 14:41
Fr~m-LEWIS e~ISBOIS BIS~ARO & SMITH LLP
908815!187
T"7lZ P.07//4 F-224
4. t1<<:tlpt as o~ elll'rl:lsly provicl<<llJr;tilill, ~ Panies heleto on behalf of
themselves lIfId no othen, he:clly release and disebarSIl ~h odler, their Clfficcr9. 4itKtors,
sharellolclerS. emplD)'olCS, apnI!O. auam<:yll, \>l';ncfi~&.!I, f"Pl'Illiellt;UiYllS, ..,A~fS,,", 0IAd ,,"ieas
from any llnd all debts. claims, ~A"d~, liabilities, obligations. caQses gf acUan aM rl/lllt$,
wbelhef knoWll or unko()WD, whieh each pany new owns ot lwlds, or at any time bemofofe
owned "" held. by reason of IltIy pet., 1tl8l1t'f, e$\W! Ot thillg wbauoewr. 8I'isiq betWbeJl~the /'
partin betet2.. in My way from lI,t a@ption by \be Mltyar and Common Councn of ResoIIlIion
No 2002-Wan4 tb1! completion of the R.o:l45WOOcl Slleef Vllrlltian Pratleedings lIll evidenced .
the adopliQJl of the: I'I!lOlurion of the Mayor allU Comnwn Council dated October 21, 2002
retilJe.ncc$ this Agt\leInI:l2t.
S. UpoJl. !he adopqon of l\le resolutlol1 tlf t.he Mayor aM ConuI\QII CDl.IIlcil which
rl'~ U\ia Agte_ fhe Partie$ ,~ to raJadII and sball rca,c lIlIY lWd aU e1a1ms. 9!1Ib!
5ubi~~ ~ Sfated jp ~ immedi~ly ~""'~~!iD' W......) "..., 4. whether OT not claimed
Ot suspecl<ld, by the Pallies, to and IIl~udill!l ~a <lilt.!!. whU:h alWl ~nft " ......iwr pi "'~
lIlJd 1111 of UK: prl)visiol\s 0' California Civil Cod.e Section 134" whieh Civil Code Section tct
all follows:
., ^ gcnl:l:l\1 n:lcase docs not lI1CfMd tD ela.ims wlticb 1he tnlclitQr doe, Ill)\: know III
5U$pllet to exist in his tavur III the: tiln>' of Cj(e:cut.ins thll relea&e. whicb if known
by him M\lIit hav= marwially atfee~ his settlement with !he debtor. n
The P.m. be.-eby lICWW~ tIw thr impol1 of me proviMtl$ of Civil Code Sc!r:Uon
1 S42 hil.Vl! been ~phlined to ll:lem b} their 1l""'1l co\ll'llelllmllhat Illey unllc:mand me I!lkllll.
6, Notwilhstandms any other provisioll of this A8fBeml:l1t, -=" aM ~ QJle of tho
re1eues provided in Sll~on 2 of \hiS Agreement shall only twIllOme effl'Cti~ upQn ~
complC:ljon of tilt R.os~oa S~et VJIl;;1tion J'roceeQlnlS. . eWl('ll["c4 by ~ adoption of me
rnolwiM qf the Mayor and COmIllQII COllJlCil datllcl tklOber 21. 2002 which ret'e1etlce:l this
A.greemeut; p"'videQ how~\"er. thai in the event tha~ for lIIIy reason S8T PElftner5 DlllY not lIccept
delivery from !he Agency of the Phase I Site unck:t the q1.litc1aim of !he Apley collllliniag tile
Don-elt!;luslve easemeJlt as $el funb in !!t~on 3. by a daU: not ].uer than DeQelJlber 31, 2002,
men in such event the rccordaJiCln of ll1e resolution of lIIe Mlyof &lid Common CDuncil llIIted
Ol;tcbcr 21. 2002 which J'IIfi:nlnces this Al'lI'llemI:lIt shall tJllt (.lI:;CQr. and the RoseWl104 SIftCl
ViIClIQon ~clmg' IIMII be Q{ no fartbcr fOf" or et'fee;r ~ the Part~ sh&ll be mutually
relellSCd and di:!Charged ioltI any further Gblil;1arion UDder this J\grcem&:nT,
,. II is expressly lIndemood lUll! agrecQ by the Parties thal the fiIcrs \Vim ~ 10
whi~h the releases are given herein may bc:rei.llafter be delermincd to be otl1c:t tIw1 Dr llitferent
nom thll facts ill thlIl cOmJeCtion now lPlowI> or bel ievlld by Ibl! PlU1iea r.o be mIe. and W Pnnles
eJqlft~ly assume the risk Df the fiu;t5 beillg different, ami ape t)wt rIIis Agreement slJa\l be! in
all JfIpClCU efFcx:tIve Mt! not subject tit u:nnillllliQll or ~ssiQn by (dIOn of any :i1lICh d~
in facts. The PIlJ'lielll.ltUkrstallci imd acknov.1edie tbe sigaificam:e .nll'lha consequence Df s~ II
spl:t:itic YAJI"Cf Df un....CWl1 cllil11S m\Q heJeby 118sllrllC tull re!lJ'll~bility for my il\iurles.
5
SB;JOllN~7S1.2
damages, losses or liabilities that they may hereinafter incur from the waiver of said unknown
claims.
8. The Parti es represent and warrant that they fully understand each of the terms of
this Agreement and its consequences, and that they have sought the advice of counsel prior to
executing this Agreement.
9. This Agreement is binding upon and shall inure to the benefit of the Parties, their
respective officials, officers, directors, shareholders, employees, representatives, partners,
assigns, successors-in-interest, agents, attorneys, affiliate corporations, partnerships and joint
ventures.
10. Each person executing this Agreement personally represents and warrants to the
other signatories that he or she has the authority necessary to execute this Agreement, and that no
other consents or approvals of anyone are required or necessary for this Agreement to be
binding, which consents or approvals, if necessary, have been duly obtained prior to the
execution of this Agreement.
11. This Agreement shall in all respects be interpreted, enforced Ilnd governed by and
under the laws of the State of California.
12. Should any action in law or equity be brought to enforce or interpret the terms of
this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and
costs, incurred in the prosecution or defense of such litigation. For the purposes of the preceding
sentence, the words "reasonable attorneys' fees" in the case of the City mean and include the
wages, salaries aud expenses of lawyers employed by the Office of City Attorney, computed on
an hourly basis. who provide legal services to the City in the defense of any such marter.
13. This Agreement has been jointly negotiated and drafted. The language of !his
Agreement shall be construed as a whole according to its fair meaning, and not strictly for or
against either Party.
14. The Parties may execute duplicate originals of this Agreement.
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SB2002J4753.2
, .
15. The Parties may deliver signatures evidencing the execution of this Agreement
via facsimile as if an original signature of such Party was provided.
Dated: October~, 2002
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTOR.'\!EY
CITY OF SAN BERNARDINO
JAMES F PENMAK, CITY A TTORJ"IEY
By:
Dated: October;}. { . 2002
APPROVED AS TO FORM:
BY'
Lowel! R. Wedemeyer
Attorney for J^KS
SB2002:3475J2
N BERNARDINO
Dated: October _,2002
JAKS
By:
JAKS. LLC, a Califomia limi
com any
By:.
/ J
./ ,,1
Its Managing Member
Dated: October 2/ , 2002
7
Oct-Z5-0Z 09:Z1A City Clerks Office
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P.OZ
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RESOLUTION NO. 2002-282
2
RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARINC ITS
3 INTI';NfTON TO ORDER nlE V ACATJON OF PORTIONS OF ROSEWOOD DRIVE,
BETWEEN ORCHARD nmVE ANn TIPPECANOE A VENUE AND ORCHARD DRIVE
4 SOUTH 01<' ROSEWOOD DRIVE.
5 BE IT RESOLVED BY mE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN JIi':RNARDlNO AS FOLLOWS:
7 SECTION I. That the Mayor and Common Council of the City ofS,m Bernardino
8 herehy declares its intention to order the vacation or portions of Rosewood Driw. between
!)
Orchard Drive and Tippecanoe A venue and Orchard Dri VC, south 01 Rosewood Dri vc, as [lime
10
11
12
fully described in Exhihit "A" and Exhihit "B" attached hereto,
SECTION 2, That the Mayor and Common Council of the City of San Bernardino, ill
13 vacating the above described portions of said streels, eleds to proceed under and in accordance
14 with the provisions of the "Puhlic Streets. IJighways. and Service Easements Vacation Law",
15
heing DivisIOn 9, Part 3. of the Streets and Highways Code of the State of California,
16
SECTION 3. That the hour of 4:00 p,m" on Monday, October 7, 2002, in the Council
17
18 Cham hers of City Hall, 300 North "rr' Street, San Bernardino, California, is fixed as the time
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,md place when and where all persolls inten:sted in or objecting to the proposed vacation may
appear he/ore the said Mayor and Common Council and oller cvidcncc in relation thereto, For
rurther particulars as to the proposed vacation, rcfercnce is made to that map marked "Plan No.
10503", approved on July 15, 2002, a copy or which is on file in the office of the City Clerk of
said City,
SECTION 4, Nothing in this Resolution shall in any way allcct or distllrb <lilY existing
easelllents for public utility purposes belonging either to the City or San Fkrnardino or to any
public utility; and there is hereby specitically reserved Ii)r the City of San Bernardino, its
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P.u~
2002-282
RESOLUTION OF INTENTION --- VACATION OI'I'ORTlONS 01' ROStWOOD DRIVE IlETWEEN
ORCHARD DRIVE ANIl TIPPECANOE AVENUE AND ORCHARD DRIVE SOUTH OF ROSEWOOn
DRIVE (Plan No. 10503).
1
2
3 sun;essors. heirs and assigns, a tempOl'ary easement fi,r sanitary sewer and appLll1enant facilities
4
OVCr thc cntirc area proposed to he vacated, including the right at any time, or Irolll time to lime,
5
to construct, maintain. operate. replace and renew said sewer or appl1l1enanccs and shall include
6
the right 01" mgress and egress thereto; and there is hcrcby specifically reserved l'lT SouLhern
7
8 CaliJ()rnia Edison, its successors, heirs and ilssigns, a tempurary f..:i.tSenlt.'nt lo construct, place,
9 opcralC. inspect, maintain. repair, replace and remove any ovcrhcad or underground electrical
10
11
12
13
transrrnssion and/or distribution structure consisting of wires, cahles, conduits, poles. pole
anchors and guy wires. manhole markers and necessary lixtures and appurtenances. and said
temporary casement shall include the nght of ingress and cgress therelo; and there is hereby
14 specifically rescrvcd lur the City 01" San Bemanlino Municipal Waler Depm1ment, its successors.
15 heirs and assigns, a tcmporary cascment I,,, water ulility purposes over the entire area proposed
16
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Lo he vacated. including thc right at any lime, or liom time to time. to construct. maintain.
operate, replace and rcnew onc or mme pipelines m appurtenances for the transportation of "'ater
and related incidcntal purposes, and said tempmary easement shall include the right of ingress
and egress thereto; and there is hereby specifically reserved for Vcrizon Calil(,rnia. [nc., its
successors, heirs and ,lssigns, a temporary casement to construct, place, operate, inspect.
maintain. repair and replace undergmund and overhead structures consisting of wires, cables and
necessnry flxtures and appurtenances and said temporary casement shall include the right of
ingress and egress thereto; and there is hereby spccilically reserved J<,r The Oas Company. its
successors, helrs aml assigns, a temporary easement over the entirc arCa pmposed to he vacated.
including the right at any time. or from time to time. to construct, maintain, operate, replace and
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Oct-25-02 09:22A City Clerks Office
2002~282
1
2
H.I<:SOLUI'ION OF INTF.NTlON --- VACATION OF 1'0KTlONS OF ROSEWOOD DRIVF. RF.TWEl-:N
ORCHARD DRIVE AND T1l'f'ECANOE AVENUE AND ORCHARD DRIVF. SOlin I OF KOSEWOOD
DRIVF. (PI." No, 10503).
3 renew one or more pipelines or appurtenances ((", the transportation of natural gas, and said
4 temporary easement shall include the rif.!:ht of inf.!:ress and egress thereto. All temporary
5
casements reserved herein shnll terminate upon relocation or ahandonment"f existing facilities.
6
7
SECTION 5. Thnt the City Lngincer/Deputy Director or Development Services for the
8 City of San Ucrnardino is hereby directed to eau~e Nolices of Street Vacation to be po~ted as
9 required hy said "Public Streets, Highway~ and Service Easements Vacntion Law."
10
11
12
13
14
SECTION 6. Thill the City Clerk shall certify to the adoption or this Resolution of
Intention and shall cause the ~ame to he puhlished once a week for two successive weeks in The
Sail Acrnardino County Sun, a newspaper published and circulated in the City or San
Aernardino, prior to lhe above dale set ((111b fi,r the public hearing.
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Oct-25-02 09:22A City Clerks office
2002~282
RESOLUTION OF INTRNTION m V ACA nON OF PORTIONS OF ROSEWOOD DRIVF. RF.TWF.F.N
1 ORCHARD DRIVE AND T1I'PECANOE A VENUE AND ORCHARD DRIVE SOliI'll OF ROSEWOOLJ
DRIVE (l'lnn No. 10503).
2
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
-1 COIll\l1on Council of the Clly of San Bernardino at a joint reg\ll~r meeting thereof
5
held on the 9th__ day of Septemhcr
6
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8
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12
13
14
15
1fj
17
18
,20~, by the following vote, to wi!'
Council Members: AYES
ESTRADA x
LIEN x
MCGINNIS X
DERRY X
SUAREZ X
ANDERSON X
MCCAMMACK x
~-
NA YES
A13ST AIN
AUS~k!.I
W-M--Ju. f _ (lC",-,'<_k
CitY'clerk
19 The klregoing resolution is hereby approved this I ;];!~ day of_Septefilber
.20~
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23
Approved as to form
24 ancllcgal content:
r
/:'
ITH V ALLES. M.yor
Ci y of San Bernardino
25 JAMES 1'. PENMAN
26 City Attorney
27
28
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Oct-Z5-0Z 09,ZZA City Clerks Office
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2002-282
EX I II BIT "A"
LEUAL DESCRTP nON
THAT PORTION OF IWSFWOOOD DRIVE, 50.00 Fr:FT WIDF, IN Till' ('try OF SAN
flPRNARDINO, COUNTY OF SAN BERNARDINO, STAn OF CAIJFORNIA, AS SHOWN ON
THl" MAl' OF TRACT No. 2743, FILED IN [lOOK 3R, I'AUE 47 or MAPS, RECORDS OF SAID
COUNTY; Toe,ETIlFR WITH THAT PORTION OF LOT 59 OF SAlll TRACT No. 2743
ACQlJlRHl FOR STREET PURPOSES BY SAIJ) COUNTY OF SAN nr:RNARDTNO, AS
DESCRIBED IN A DOCUMENT RECORDED IN !lOOK 7092, l'A(jE 781 OF OtFlCIAL RECOIUlS
OF SAID COUNIY; TOGETHER Wlnl THAT I'OKnON OF LOT 5.1 OF SAID TRACT N" 274.'
ACQUIRFD FOR STRFFT PIJRPOSFS flY SAID COUNTY OF SAN BERNAIUlINO, AS
DESCRIBED IN A DOCUMENT RECO!lilED AS INSTRUMENT No 8J02852R2 OF SAID
OFFICIAL RECORDS; TOGETHER WITH THAT PORTION OF LOT 52 OF SMD TRACT No. 274'
ACQUlRU> FOR sIREET PURPOSES BY SAID COUNTY OF SAN 13ERNAlWINO, AS
DESCRIBED IN A DOCUMENT RECORDED IN BOOK 9J29, PAUE IJ05 OF SAID OFFICIAL
RECORDS; TOGETIlER WITIl THOSE PORTIONS OF LOTS 50 AND 51 OF SAID TRACT No
2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY Of SAN BERNARDINO, AS
f)J-;SCRIBHl IN A DOCUMENT lli:CORIlED IN BOOK M 19, PAUl' 180 OF SAID orFIClAL
RECORDS; TOGETHER WITH THAT PORTION OF LOT 4'1 OF SAID TRACT No. 2743
ACQULRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDTNO, AS
DESCRll3ED IN A DOCUMENT RECORDED IN nOOK 871M, PAC;E 78"1 OF SAIl) OFFICIAL
RECORDS; ANIl TOGETHER WITH THAT PORTION Of LOT 43 OF SAID TRACT No. 2743
ACQIIlKFIJ FOR STREET PURPOSES BY SAID COUNTY OF SAN [lERNARDINO, AS
DESCRTBED IN A DOCUMENT IU:COKJJt.LJ IN !:lOOK S91G, PAG\-'. 1J39, AND RERECORDED IN
BOOK M92M, PAUE 5%, BOTI! OF SAID OFnCIAL RECORDS; TOGETHFR MORE
I'ARTlCULARL Y DESCRIDED AS FOLLOWS.
COMMENCING AT HIE INTERSECTION OF TilE CENTr:RUNES OF TfPPFCANOF AVENUE,
60.00 FEET WIDE, AND ROSEWOOD DRIVE, 50.00 rF.FT WIDf', AS SAID STIU'ETS ARE
SHOWN ON SAID MAP OF TRACT NO. 2743; TIlENCE NORTH R9"48'23" WEST 191.00 FEET
ALONG SAID CENTERLTNE OF ROSEWOOD DRTVE TO TilE SOUTHERLY PROLONGATION
or THE EASTERLY LTNE OF SAID LOT 5<) AND THE TRUE PO TNT OF BEQlNNING; TIlENCf
NORTH OOU07'5M" WEST 3000 FEET ALONG SAm SOUTHERLY PROLONUATION AND SAU.>
EASTERL Y LINE TO TIlE NORTHERLY tINE OF THE SOUTHERLY 500 FEET OF SAID LOT
)9, AS DESCRIDED IN SAIIJ nOCIJMEN'r. RECORDED IN [lOOK 7092, PAGr: 781 OF OFFlClAL
RECORDS; THENCE NORTH 89048'23" WlcST 65.02 FEET ALON(i SAm NORTHERLY LINE TO
THF WESTERLY LINE OF SAID LOT 59; THFNCE SOUTH Ooo07'5T' EAST 5.00 rEET ALONG
SAJD WESTERLY LINE TO TilE NORTHERLY LINE OF SAID ROSEWOOD DRTVE, AS SHOWN
ON SAID MAP; THENCE NORTH 89048'23" WEST 26009 FEET ALON(, SAID NORTHERLY
LINE OF ROSEWOOD DRIVE, ALSO BEING THE SOUTHERLY LTNE OF LOTS 55 THROUGH 58
INCLUSTVE, OF SAID TRACT Nt>. 2743, TO THE SOUTHEAST CORNr.R OF SAlT> LOT 54;
TIIENCE NORTH Oou07'5J" WEST 5.UO rEET ALONG THE EASTERlY LINE OF SAID LOT 54
TO'll IE NORIHERL Y LINE OF TIlE SO UTI IERL Y 500 FEET OF S^ll> LOT 54, AS DESCRlI:lEP
IN SAID DOCUMENT RECORDED AS INSTRUMENT No, M3-0285282 OF OFFICIAl. RECORDS;
HIENCE NORTH 89048'23" WEST 65.02 FEET ALONG SAID NORTHERLY LINE TO TilE
Wr.SlERL Y LINE OF SAID LOT 54, THENCE SOUTH 00007'52" FAST ALONG SAID
WESTERLY UNF TO SALD NORTHERLY LTNE OF ROSEWOOD DKIVE; THENCE NORTH
89u4M'2J" WEST 65.02 FEE)' ALONG SAID NORTHr:RLY LINE OF ROSEWOOD DRIVE, AlSO
HEING THI- SOUTHERLY LTNE OF LOT 53 or SAil) TRACT No. 2743, TO THE SOUTHEAST
\i'lJ01l N-l;'pvlIl>,',Lr~,}'1"\ IK"_~, I ":'l,A r 1t'lN\.'\OOJJ:JOI il,!"
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2002-282
CORNER OF SAID LOT 52; THENCE NORIH 00"07'51" WEST 5.00 FEET AloNGfHE
EASTERLY UNE OF SAID LOT 52 TO THE NORTlIERLY 1 TN!', OF THE SOUTHFRL Y 500 FHT
OF SAm l.OT 52, ^S DESCRmFD IN SAID DOCUMENT RFCORDED IN nOOK 9329, PAGE 1305
OF OFFICIAl. lZECOIUlS; THFNCF. NOIUH 89n~R'2r WEST 180.02 HEI ALONU SAID
NORTHERI. Y LINE, AND CONTINUINU ALONG THF NORTHERLY lINE OF '1'1 IE SOUTHERLY
5.00 FEET OF SAID JOTS 51 AND 50, AS DFSCRIBED IN SAID DOCUMENT RFCORDFD IN
BOOK 64J9, l'AGJc: 180 Of OFFICIAL RECORDS; THrNCt: PERPFNDlCULAR TO SAID
NORTJIERL Y LINE or ROSEWOOD DRIVF, SOUTH Ooull ']7" WEST 500 HTT TO SAID
NORTIIFRLY JINF. OF ROSFWOOD DRNE; THENCt: NORTH 8,)"48'23" WEST 140.14 FEET
ALONG SAID NORTHERLY LINE OF ROSEWOOD DRIVF, ALSO BETNe; THE SOUTHFRJ.Y
LINE or SAID 1.0T 50 AND JOTS 45 TlIROUGl! 49 OF SAID TRACf No. 2743, TO THE
SOUTHEAST CORNER or SAID I OT 44; THENCE NORTH 00"07'44" WEST 500 FEET ALONG
HIE tASTJ:RLY LINE OF SAID LOT 44 TO TIlE NORTHERLY LINE OF THE SOUTHERLY 5.00
FEET or SAID LOT 44, AS DESCRIBED IN SAID DOCUMENT RECOkllElJ IN BOOK 8718,
PAGE n7 OF OFFICIAL RECOlillS; THENCE NORTH 8')"48'23" WEST 110.16 FEET ALONG
SAID NORTHERLY LINE, AND CONTINUlNC, ALONG THt NORTHERLY JJNE or TIlE
SOUTHERLY 5.00 FEET OF SAW L0143, AS DESCRLBED IN SAID DOCUMENT RECOIUlFllIN
BOOK 8916, PAGE 1J39, AND RERECORDED IN nOOK 8928, PAGE 596, BOTH Of' OFFICIAL
RECORDS, TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVTNG A
RADIUS or 20.00 rEET; TIIENCE NORIHWESTERL Y 3130 FEET ALONG SAID CURVE AND
CONTINUING ALONG SAID NORTIlERL Y LINE, THROUGH A CENTRAl. AN(,I.E OF 89"40'41"
TO A POINT OF TANGFNCY WITIT TilE EASTERLY LINE OF ORCHARD DIUVE, AS SHOWN
ON SAID MAP; THENCb SOUTH 00007'42" EAsr 84.<)5 FEET ALONG SAID EASTERl"Y l.TNE
TO A POINT OF cusp OF A CUI{VE CONCA VE SOUTIIEASTERL Y, IlA VING A RADIUS OF
10.00 FEET, A LTNE RADIAL TO SAID POINT or CUSP BEARS SOl.JTH 89"52'18" WEST;
TIIENCE NORTHEASTERLY 15.76 FEET Al.ONG SAID CURVE, ALSO BEING TilE
NORTHWESTERLY LINE OF LOT 78 OF SAiD TRACT Nu. 2743, THROUGH A CENTRAL
ANGLE OF YU"]')'I,)" TO TilE SOUTHERLY LINE OF SAlTJ ROSEWOOD DRNE; TIlENCE
SOlJlH 89u48'23" EAST 1095.35 FEET ALONG SAID SOIJTHtRLY LTNE, ALSO TIEING THE
NORTHERL Y LINE OF SAID LOT 78 AND LOTS G2 THROUGH 77 INCLlJSNE, 01' SAID TRACT
Nu 2743, TO TilE POINT OF INTERSECTION or SAil) SOUTHERl.Y LINE WITH SAID
SOUTHERLY PROLONGATION OF TIlE EASTr.R1.Y LlNE or LOT 59; THENCE NORTH
00"07'58" wrST 2500 FrET ALONG SAID SOUlHt:RI. Y PROLONGATION TO TIlE TRUE
POINT OF BEGINNING.
PREPARED UNDER MY SUPERVISION'
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STEVE SHAMBECK, P,L.S, 6217 DATE
LICENSE F.Xi'lRES ]/] I10G
u\OO;, IM"I'I""I:,t"'J:~b\5TR[[T V"CAT10N\AII(HII(II.doc
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2002-282
EXHIBIT "B"
LEGAL DESCRIPTION
THAT PORTION OF ORCHARD DRIVE AND ROSEWOOD DRIVE, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SIIOWN
ON THE MAP OF TRACT 2743, FaED IN BOOK 38, PAGE 47 OF MAPS, RECORDS OF
SAID COUNTY, MORE PARTlCULARL Y DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTH WEST CORNER OF SAID TRACT NO 2743. THENCE
NORTH 00007'42" WEST 210.77 FEET ALONG TIlE WEST LiNE OF SAID TRACT TO
THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 508.00 FEET, A RADIAL liNE TO SAlD POINT BEARS SOUTH
13009'41" EAST; THF.NCE NORTHEASTERLY n05 FEET ALONG SAID CURVE,
THROUGI I A CENTRAL ANGLE OF 03030'08" TO A NON-TANGENT LINE, BEING THE
EAST LINE OF ORCHARD DRIVE, OF SAID TRACT NO. 2743; THENCE SOUTH
00"07'42" EAST 21886 FEET ALONG SAID EAST LINE OF ORCHARD l)RlVE TO THE
SOUTH LINE OF SAlD TRACT NO. 2743; TllENCE NORTH 89"48' 15" WEST :lOOO FEET
ALONG SAID SOUTH I.INE TO THE TRUE POINT oE BEGINNING
PREPARED UNDER MY SUPERVISION
ffi-~
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DATE
STEVE SHAMDECK, P.1. S 6117
LICENSE EXPIRES J/J 1/06
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LOWELL R. WEDEMEYER, LAWYER
719 YARMOUTH ROAD, SUITE 204, PALOS VERDES ESTATES, CA 90274-2673
Tele: 310-378-0609 FAX: 310-378-6949 email:lowell@transtalk.com
October 2, 2002
Mayor and Common Council Qf
City of San Bernardifto
City Clerk
City Hall,
300 N. "DR Street
San Bernardino, CA 92418
RE: Plan No. 10503
Vacation of Portions of Rosewood Drive and Orchard Drive
Rearing Date: October 7, 2002, 4:00 p.m.,
Hearing Place: Council Chambers, 300 N. "0" Street, San
Bernardino
Honorable Mayor and Council Member~:
This letter is a response on behalf of landowner JAKS, LLC
to the Notice of Street Vacation, Plan No. 10503,.which is set
for hearing on October 7, 2002 at 4:00 p.m., in Council Chambers.
A representative of JAKS, LLC wishes to attend and testify at the
hearinq, in addition to thi$ 1ett~r response.
JAKS, LLC owns a total of 11 contiguous, cleared lots,
compr1~1ng approximately 9 acres, bounded on the south by
Interstate Freeway 10, on the east by Tippecanoe, and on the
north ~y Rosewood Drive. Solely for purposes of convenient
reference, we are including a ~Vicinity Diagram for the JAKS LLC
Property" which was filed in court on behalf of Inland Valley
Development Aqency. We do not adopt or verify all of the
statements in that IVOA Vicinity Diagram, but it does show the
relative locations of thQ JAKS PARCELS for. the limited purposes
of this letter concerning vacation of portions of Rosewood Drive
and Orchard Drive. It BhoW3 that the large lot owned by JAKS,
LLC (a portion of Lot 5, Block 72) is bordered on the south by
Freeway 10, and on the east by Tippecanoe; the west end of that
large lot abuts the southerly end of Orchard Drive. The existinq
Orchard Drive, which i5 propoaed for vacation, provides the only
direct street access from the westerly end of that portion of Lot
5, Block 72.
Of the 11 contiguous lots owned by JAKS, LLC, lot a 62, 63,
64, 65, and 66, and 75, 76, and 77 all abut the portion of
Rosewood Drive which is proposed for vacation.
From the drawing, Plan No. 10503, which waB included with
the notice from the City, it appears that the port1on or Rosewood
Drive which abuts lot 60 and also intersects Tippecanoe Avenue,
1S excluded from the proposed vacation; that ia, the portion of
Rosewood Drive abutted by lot 60 is not to be vacated in Plan No.
10503.
JAKS,LLC ~artlal Opposition to Street Vacation
Page 1 of 3
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The proposed vacation of both Rosewood Drive and Orchard
Drive, plus restriction of street aoeesa from ~ippeeanoe, will
render the 9 acres of the JAKS parcels without reasonable and
adequate street access to the proposed, re-allgned Harriman
Place. It is unlawful, and bad public policy, to entirely
dep~ive a legol parcel of effective street access.
This harsh and unlawful result is unnecessary. It can be
avoided ~ith but minor adjustment to the proposed street vacation
to preserve access to the re-aligned Harriman Place. We have
marked in color on Plan No. 10503 and on the Vicinity Diagram the
portions of Rosewood and Orchard vhich should be retained to
preserve street access.
Specifically, preservation of Orohard Drive south trom its
intersection with Harriman Place will maintain access to the
westerly end of the large JAKS parcel which borders Freeway 10.
Moreover, preservation of that portion of Rosewood Drive which
abuts lots 77 and 78 and also abuts the proposed re-aligned
Harriman Place will preserve a route of access through lot 77 to
the remainder of the 11 contiguous JARS PARCELS. We have marked
these areas in Color on a photocopy of Plan No. 10503 and on the
Vicinity Diagram.
If you preserve these routes of street access from the JAKS
PARCELS to the re-aliqned Harriman Place (or preserve some
rea8on~ble and practical variant ot these routes), then JAKS, LLC
will have no objection to vacation of the portion of Rosewood
Orive which abuts Lots 62 through 76 as is diagramed in Plan No.
10503'-
We note that an eminent domain complaint is pending in the
Superior Court of San Bernardino County in which the Inland
Valley Development Agency is seeking to take the 11 contiguous
JAKS PARCELS at the behest of the City of San Bernarct1no.
However, JAKS, LLC is exercising its constitutional rights to
formally conteet the government's c1aim of right to take.
We respectfully submit that it is premature, and
pre3~tuou8, ro~ the C!ty of San Bernardino to pre-jUdge the
actions of the judge and jury in that Superior Court action by
vacating streets which abut th~ JAKS PARCELS as though the court
has already entered an eminent doma1n judgment ~nd a 90vernment
Agency owns the property -- when trial haa not even occurred.
If, as we believe, the clai~ of right to take by eminent
domain is fatally flawed, then the proposed premature vacation of
Rosewoo~ Drive and Orchard Drive, of the full scope proposed in
Plan 10503, will unlawfully deprive the JAKS PARCELS of .~~.ott..
ADd ze..oD&b2. street access. That, in turn, will cause
substantial damages to JAKS, LLC.
JAKS, LtC does not, in general, oppose the proposed re-
alignment of Harriman Place. Neither do.. JAKS, LLC oppoee most
of the proposed ~acation of Rosewood Drive. JAKS, LLC simply
wishes to preserve rea~onable rOute~ of ACcess from the JAKS
JAKS,LLC Partial Opposition to Street Vacation
Page 2 of 3
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PARCELS to the re-aliqned Harriman Place.
JAKS, LLC i8 willing, within r.a.on, to cooperate with the
proposed street re-aliqnment and certainly will consider other
re~8onabl. moan. of ~ccess. It is plain that rclatively minor
adjustments of the currently-proposed street vacation will
prCBcrve lawfully-required street acoess to the JAKS PARCELS in
the event that eminent domain fails, as JAKS, LLC contends that
it should fail.
Please be aware that before the eminent domain action w~s
filed against JAKS, LLC, the 11 contiguous JAKS PARCELS 'already
had been assembled and unified into a large parcel of
approximately 9 acres under the ownership of JAKS, LLC and all
structQreB had been cleared from the JAK5 PARC~LS. This rendered
the JARS PARCELS fully development-ready, and had completely
eliminated any blight which might once have existed on the JARS
PARCELS more than a decade ago. JARS, LLC does not oppose
renewal in the area, but rather has actively been trying to
achieve such renewal on its)Own land.
JARS, LLC now is, ang/has always been, willing to work with
the City on these issues such that redevelopment i. unnecessary.
JARS, LLC simply wishes to complete development of its own
assembled, cleared, 9 acres of land, and not have its
development-ready land taken by eminent domain for the purpose of
immediately turning the JARS PARCELS over to another private
developer.
Where, as here, blight already has been eliminated on the 9
acres of JAKS PARCELS, by private effort without redevelopment
and without public financing, the City should not be in the
business of selecting which private developer completes
development and then financing with millions of dollars of Bcarce
public funds the acquisition of non-blighted, development-readY
land for a private developer.
;1
Lowell R. W~uemgy~~
Attorney to JAKS, LLC
cc:
Eileen Gomez, Real Property Specialist
Dept. of Development Services
City of San Bernardino
City Hall,
300 N. ftOft Street
San Bernardino, CA 92418
JAKS,LLC Partial Opposition to Street Vacation
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EXHIBIT "c"
Real property in the City of San Bernardino, County of San Bernardino,
State of California, described as follows:
PARCEL NO.1:
LOTS 60, 62, 63, 64, 65, 66, 75, 76 AND 77, TRACT NO. 2743, LOMA
LINDA GARDENS, IN THE CITY OF SAN BERNARDINO, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 38 OF MAPS, PAGE 47, RECORDS OF SAID
COUNTY.
EXCEPTING THAT PORTION OF LOT 60 DEEDED TO THE STATE
OF CALIFORNIA FOR HIGHWAY PURPOSES BY DEED
RECORDED SEPTEMBER 13, 1960, IN BOOK 5233, PAGE 342,
OFFICIAL RECORDS.
[APN: 0281-083-18; 0281-083-17; 0281-083-16; 0281-083-15; 0281-083-
14; 0281-083-13; 0281-083-04; 0281-083-03; 0281-083-02]
PARCEL NO.2:
THAT PORTION OF LOT 5, BLOCK 72, RANCHO SAN
BERNARDINO, IN THE CITY OF SAN BERNARDINO COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID
COUNTY; AND A PORTION OF LOT 61, TRACT NO. 2743, IN THE
CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 38
OF MAPS, PAGE 47, RECORDS OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING ON THE WEST LINE OF SAID LOT 5, AT THE
SOUTHWEST CORNER OF SAID TRACT NO. 2743; THENCE
EASTERLY ALONG THE SOUTH LINE OF SAID TRACT NO. 2743,
A DISTANCE OF 1134.25 FEET TO THE SOUTHWEST CORNER OF
SAID LOT 61; THENCE NORTHERLY ALONG THE WEST LINE OF
SAID LOT 61, A DISTANCE OF 65 FEET TO THE NORTHWEST
CORNER OF SAID LOT 61; THENCE EASTERLY ALONG THE
NORTH LINE OF SAID LOT 61, A DISTANCE OF 146.94 FEET TO
THE WEST LINE OF THE EAST 14.00 FEET OF SAID LOT 61;
THENCE ALONG SAID WEST LINE (COURSE "E") SOUTH 0 DEG.
36' 12" EAST, 44.99 FEET; THENCE (COURSE "F") SOUTH 02 DEG.
49' 44" WEST, 72.79 FEET; THENCE (COURSE "G")
SOUTHWESTERLY ALONG A TANGENT CURVE CONCAVE
NORTHWESTERLY WITH A RADIUS OF 50 FEET, THROUGH AN
ANGLE OF 73 DEG. 00' 59", A DISTANCE OF 63.72 FEET; THENCE
(COURSE "H") SOUTH 75 DEG. 50' 43" WEST, 963.86 FEET;
THENCE (COURSE "I") SOUTH 78 DEG. 57' 07" WEST, 306.92 FEET
TO SAID WEST LINE OF SAID LOT 5; THENCE NORTHERLY
ALONG SAID WEST LINE 387.19 FEET TO THE POINT OF
BEGINNING.
[APN: 0281-083-20 AND 0281-091-39]
00H8-02 11 :37 From-
T-996 P02/02 F-922
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