HomeMy WebLinkAbout1990-453
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RESOLUTION NO.
90 -~S3
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH
3 GATLIN/BERGER DEVELOPMENTS, INC. RELATING TO A COMMERCIAL
DEVELOPMENT AT THE INTERSECTION OF HIGHLAND AND BOULDER.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor is hereby authorized and directed to
7 execute on behalf of said City an agreement with Gatlin/Berger
8 Developments, Inc. relating to a commercial development at the
9 intersection of Highland and Boulder in the City of San
10 Bernardino.
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SECTION 2.
The authorization to execute the above-
12 referenced agreement is rescinded if the parties to the agreement
13 fail to execute it within sixty (60) days of the passage of this
14 resolution.
15 I HEREBY CERTIFY that the foregoing resolution was duly
16 adopted by the Mayor and Common Council of the City of San
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held on thet>~
Bernardino at a ~~' meeting thereof,
day of ~~~1 0, by the following vote,
to wit:
Council Members: AYES NAYS ABSTAIN
ESTRADA v'"
REILLY .,/
FLORES V
MAUDSLEY V
MINOR V"
POPE-LUDLAM V-
MILLER V
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D /ses/Wa1-mart.res
N mber 1, 1990
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RESOLUTION. .AUTHORIZING EXECUTION OF
GATLIN/BERGER DEVELOPMENTS, INC. .AT THE
HIGHLAND AND BOULDER.
AN AGREEMENT WITH
INTERSECTION OF
~rk~J/
The foregoing resolution
of c..#tW~.;, 1990.
(P.n... day
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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D /ses/Wa1-mart.res
N mber 1, 1990
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AGREEMENT
This Agreement ("Agreement") is entered into effective '/'Jt'J(/n-H;(!. ,:J/, 1990, be-
tween GATLIN/BERGER DEVELOPMENTS, INC" a Louisiana corporation ("Developer")
and the CITY OF SAN BERNARDINO, a municipal corporation ("City"),
RECITALS
A. The Developer has entered into an agreement to purchase approximately 24.25
acres of real property in the municipal limits of the City, which is more particularly described
on EXHmIT "A" which is attached hereto and incorporated by reference as though fully set
forth hereat and may also purchase additional, contiguous real property (collectively,
"Highland-Boulder Property").
B. The Developer intends to develop the Highland-Boulder Property as a quality
open air shopping center, which will contain approximately 200,000 square feet of stores,
shops and restaurants, including an approximately 125,000 square foot Wal-Mart department
store and such additional improvements as the Developer may determine ("Development
Plan ").
C. The Developer has asked the City to enter into a Development Agreement under
Section 65864 ~. of the California Government Code, to vest its rights to develop the
Highland-Boulder Property in accordance with the Development Plan and to otherwise facili-
tate the development of the Highland-Boulder Property ("Development Agreement"), and the
City is willing to consider entering into a Development Agreement on the terms and conditions
in this Agreement.
IN CONSIDERATION of the mutual covenants and conditions in this Agreement, the
parties agree as follows:
OPERATIVE PROVISIONS
1. Development A~reement. Subject to satisfaction of the conditions in paragraph
2., the parties will enter into a Development Agreement with regard to the Highland-Boulder
Property, so that the first reading of the ordinance which enacts the Development Agreement
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ag:GAT018f12: l03190lk
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occurs no later than December 31, 1990, The parties will attempt in good faith to have such
Development Agreement provide for the following:
(a) The Developer will have the vested right to develop the Highland-Boul-
der Property in accordance with the Development Plan, without regard to ordinances, resolu-
tions, rules, regulations or policies of the City which may be enacted after the effective date of
the Development Agreement, or referenda of the voters of the City which may occur after the
effective date of the Development Agreement including, without limitation, those with regard
to moratoriums or utility service. The parties acknowledge that, as of the effective date of the
Development Agreement, the Developer will not have all of the approvals which will be re-
quired by the City with regard to the development of the Highland-Boulder Property, There-
fore, the Development Agreement will not prohibit the City from exercising reasonable
discretion with regard to any remaining approvals.
(b) The City will agree to process the Developer's development plans and
construction plans in good faith, on a priority basis, and to inspect all construction at the
Highland-Boulder Property, on a priority basis,
(c) The City will cooperate in good faith with the Developer and will use its
best efforts to assist the Developer in the Developer's efforts to obtain all permits, approvals
and utility services which are required for the development and operation of the Highland-
Boulder Property.
(d) The City will, at its sole cost, accelerate its planned installation of the
following Highland Avenue improvements, using so-called "gas tax" funds or other funds
which have been appropriated for that purpose, or will cause the Community Development
Agency of the City to do the same:
(i) Highland Avenue street improvements, including demolition,
street widening, curb and gutter, sidewalk, landscape, street lights and pavement.
(ii) Storm drain extension, stubbed to the perimeter of the Highland-
Boulder Property.
(iii) Traffic control facilities, including a traffic control light at the
entry to the Highland-Boulder Property.
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The City will bear all of the direct and indirect costs of the foregoing
improvements including, without limitation, the cost of any architectural, engineering or sur-
veying services required in connection with the improvements and the cost of acquiring any
rights-of-way or easements which may be necessary for the installation of the improvements
(other than rights-of-way or easements with regard to the Highland-Boulder Property), and
will install the improvements according to a schedule which will not delay the progress of the
Developer's development of the Highland-Boulder Property.
(e) Without limiting any credits which may be available to the Developer as
provided in the ordinances or resolutions of the City, the Developer will be required to pay the
following development impact fees/development linkage fees (collectively, "Development
Impact Fees"), in connection with its development and/or operation of the Highland-Boulder
Property, (based on a shopping center which will contain approximately 200,000 square feet of
stores, shops and restaurants, including an approximately 125,000 square foot Wal-Mart
department store) :
(i) Storm drain fee: Calculated in accordance with the applicable
ordinance and/or resolution of the City, but in no event greater than $112,000.00.
(ii) Sewer capacity fee: Calculated in accordance with the applicable
ordinance and/or resolution of the City, but in no event greater than $41,800,00,
(iii) Cultural development fee: Calculated in accordance with the ap-
plicable ordinance and/or resolution of the City, but in no event greater than $73,937.00.
(iv) Traffic systems fee: Calculated in accordance with the applicable
ordinance and/or resolution of the City, but in no event greater than $124,245.00,
(v) Sewer connection fee: Calculated in accordance with the appli-
cable ordinance and/or resolution of the East Valley Water District, but in no event greater
than $19,400.00.
The City represents that, except for the foregoing Development Impact
Fees, there are no other development impact fees which will be levied by the City in connec-
tion with the Developer's development and/or operation of the Highland-Boulder Property and
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the City and the City further represents that it will not impose any new development impact
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fees or fees in substitution of any of the foregoing Development Impact Fees in connection
with the Developer's development and/or operation of the Highland-Boulder Property.
However, nothing in this subparagraph 1.(e) will be deemed to exempt
the Developer from paying the City's usual and customary fees and charges to cover its costs
of processing any applications and any fees which are required to be paid to public agencies
other than the City, with regard to the development or operation of the Highland-Boulder
Property.
In addition, as to each building which is developed on the Highland.
Boulder Property, the Developer will pay the applicable Development Impact Fees according
to the following schedule: (i) 1/3 at the time provided in the applicable ordinance or resolu-
tion of the City, (ii) 1/3 at the time that the City issues a certificate of occupancy for that
building, plus simple interest on that amount, at 9% per annum, from the date which is pro-
vided for payment in the applicable ordinance or resolution of the City, until paid, and (iii) 1/3
on the first anniversary of the date that the City issues a certificate of occupancy for that
building, plus simple interest on that amount, at 9% per annum, from the date which is pro-
vided for payment in the applicable ordinance or resolution of the City, until paid,
(f) The parties acknowledge that the City's General Plan and Development
Code would presently permit the development of only part of the Highland-Boulder Property
in accordance with the Development Plan, In view of the foregoing but subject to the limita-
tions in paragraph 2., the City will cooperate in good faith with the Developer and will use its
best efforts to assist the Developer in the Developer's efforts to obtain such amendments of the
City's General Plan and Development Code as may be necessary to allow the development of
all of the Highland-Boulder Property in accordance with the Development Plan. Without lim-
iting the effect of the foregoing, if at the time scheduled for approval of the Development
Agreement by either the Planning Commission or the City Council of the City, the aforemen-
tioned General Plan amendment has not occurred, then, at the Developer's request but subject
to the limitations in paragraph 2., the City will cooperate in good faith with the Developer and
will use its best efforts to assist the Developer in the Developer's efforts to obtain approval of
the Development Agreement with regard to the part of the Highland-Boulder Property which
the City's General Plan would permit development of in accordance with the Development
Plan, and subject to the limitations in paragraph 2., will continue to cooperate in good faith
with the Developer and use its best efforts to assist the Developer in the Developer's efforts to
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obtain approval of the Development Agreement with regard to the remainder of the Highland-
Boulder Property.
(g) The parties acknowledge that the City's General Plan presently shows
the extention of Piedmont Drive across the Highland-Boulder Property and that any extension
of Piedmont Drive across the Property will be incompatible with the Development Plan. In
view of the foregoing but subject to the limitations in paragraph 2" the City will cooperate in
good faith with the Developer and will use its best efforts to assist the Developer in the Devel-
oper's efforts to obtain an amendment of the City's General Plan to delete future Piedmont
Drive or any other future right-of-way across the Highland-Boulder Property.
(h) The parties acknowledge that the City has agreed to provide, at its sole
cost, certain improvements, due to the Developer's expertise, reputation as a successful
developer, and financial status, Consequently, except as otherwise provided in this
subparagraph 1. (h), the Developer will not transfer its rights and obligations under the
Development Agreement, without the City's express written consent, which will not be
unreasonably withheld.
The purpose of this provision is to assure that, if a transfer occurs, a
developer of at least the same expertise, reputation and financial status as the Developer
develops the Highland-Boulder Property, The further purpose of this provision is to prohibit
only the transfer of the entire Development Agreement without the City's express written
consent. Therefore, the parties agree that this prohibition against transfer will not apply to and
the consent of the City will not be required for (i) the transfer of all or part of the Highland-
Boulder Property for the specific siting of a Wal-Mart department store ("Wal-Mart Site"),
along with the rights and obligations under the Development Agreement that relate to the
same, to Wal-Mart Stores, Inc., (ii) the transfer of all or part of the Highland-Boulder
Property along with the rights and obligations under the Development Agreement that relate to
the same, to a partnership or other entity that is controlled by the Developer or either of its
principals, (iii) the transfer of specific sites within the Highland-Boulder Property (other than
the Wal-Mart Site), along with the rights and obligations under the Development Agreement
that relate to the same, to individual developers, (iv) any transfer of the rights and obligations
under this Agreement or of the Highland-Boulder Property, in order to finance (through the
use of equity or debt) the acquisition or development of all or part of the Highland-Boulder
Property, and (v) leases of the Highland-Boulder Property.
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Subject to the provisions of this subparagraph 1. (h), the Development
Agreement will inure to the benefit of and will bind the Developer's successors, assigns and
tenants.
2, Conditions of Effectiveness, The City and the Developer acknowledge that the
effectiveness of the Development Agreement and the General Plan and Development Code
amendments which are referred to in subparagraph 1.(f), will be conditioned on the following:
(a) The completion of such investigations, public hearings, findings and
other procedures as are required by California law and the City's ordinances.
(b) The preparation, certification, approval and adoption by the City of ap-
propriate environmental documents, if applicable, in accordance with the requirements of the
California Environmental Quality Act.
(c) The making of all required findings by the City, after appropriate inves-
tigation and public hearings.
3. Findin~ of Benefit. The City has determined that entry into this Agreement and
the Development Agreement will facilitate the construction of a major retail center in the City
which will provide new occupations and employment possibilities for the citizens of the City,
thereby furthering the City's objective of achieving the Southern California Association of
Governments "Jobs/Housing Balance".
4. Severability. Every provision of this Agreement is and will be construed to be a
separate and independent covenant. If any provision of this Agreement or the application of the
same is, to any extent, found to be invalid or unenforceable, then the remainder of this
Agreement or the application of that provision to circumstances other than those to which it is
invalid or unenforceable, will not be affected by the same and each provision of this Agree-
ment will be valid and will be enforced to the extent permitted by the law.
5. Covenant of Good Faith. The parties will cooperate with one another in good
faith throughout the implementation of this Agreement, so the intent of this Agreement can be
attained .
6. Countelllarts. This Agreement may be executed in counterparts.
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7. ADplicable Law. This Agreement will be construed and enforced under Cali-
fornia law.
CITY
)
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A '!TEST
BY:_'~'c'l~u'-L0~<l.-~
CIty lerk .. (j
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APPROVED AS TO FORM & SUBSTANCE:
~ 7-. t?-J.vwlrf
CIty Attorney
DEVELOPER
GATLIN/BERGER DEVELOPMENTS,
INC" a Louisiana corporation
p?--!!.((~
APPROVED TO AS TO FORM & SUBSTANCE:
GRESHAM, VARNER, SAVAGE,
NOLAN & TILDEt'f
By:~
Mark A. OstOlch, Esq.
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HIGHLAND-BOULDER PROPERTY
EXHmIT "A"
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4.I~'-A.Lr llVn .
PAllCEL NO. 11
'1'BJ\T PORTIO. 01' TBB SOtl'l'BBAST 1/4 01' SECTION 28, TOIINSlIIP 1 ,NORTH, IWIGS 3 WEST,
SAN BERNARDINO BASS AND KBRIDIAN, IN TBB COtlNTY 01' SAR U1UQJI.DINO, STAn 01'
CALIl'OJUlIA, ACCOJUlING TO TBB OnICIAl. PLAT TBBR&01'.
BllGINNING AT A POINT 442 Plln BAST or TRB SOllTHWIST CORNER or SAID SOtlTHEAST 1/41
TBBNC!!: NORTH 135.99 FEn TO TBB POINT IN TBB NORTH LID or STATZ BIGIlWAY RIGHT 07
WAY 1
TRBNCB NORTS 89. 38' 00. BAST 3 I'I3TI
THENCB SOUTS 33. 45' 04" BAST 15.50 rBBTI
THENCB NORTS 47. 46' SO. BAST 19.31 rlBTI
THENCB NORTS 32 rnTI
THENCB NORTS 89. 38' 00. lAST 73 I'I3TI
THENCB NORTS 115 I'I3T 1
'11QDfCB SOUTS 89. 38' 00. WEST U I'I3TI
THENCB NORTS 331.51 1'I3T,
THENCB lAST 1,111.44 nft, .,
THENCB SOUTS 614.5 rBBT 1
THENCB WEST 1,111.44 n:BT '1'0 TBB POINT 01' UGIIIlUBG.
UCBP'rIBG TDUJ'ROM THOS. PORTIONS llUl)atl '1'0 TBB STAD 01' a.I.Il'OJlKIA 11' llOCllMBNT
UCOJUlED KAX 6, 1946 III IlOOJt 1891, PAG. 164, OnICIAL UCClJUlS, ABll JllCOJUlED M1t.Il.CB
18, 1954 IN BOOE 3347, PAaa 499, OI'l'ICIAL JllCOJUlS.
PAllCII. BO. 21
'1'BJ\T PORTION 01' TBB sollTDAS1' 1/4 01' SBCTION 28 I. TOlIIfSBtP 1 NORTH, 01' IWIGI 3
....5'1', 01' SAR U1UlAJlDINO BAS. ABll ME1UDIAN, IN TBB COll1t'n 01' SAIl IlDNAJUlINO, STAn
01' a.I.Il'OJUlIA, PARTlCOLARLY llBSClUUl) AS I'OLLOlfS I
COHMENClNG AT A POINT O. 'lD ~~... LIlCI 01' BtGBLMD AVDllB 250.1 I'U1' ....ST 07 TBI
SOtlTRBAST COIUilD or TD SOO'1'IIBU'1' 1/4 or SAIl) S.CTIOII 211
THENCB, ....ST ALOI'G TD ......"... or SAID BIGBLAHIl AvmcaB 831.76 FD'l'I
TRDCB NORTH 617.10 FD'l',
TRDCB ....n 921.64 FD'l',
TRDCB 1I0RTH 131.1 FD'l',
TRDCS ....n 10 I'U1' '1'0 A POIlIT I. 'lD \05IIJ;Aa or IfASD OI'fCII,
TRDCS HORTH ALCIlQ'TD ........ 01' WASD OI'fCII 421.6 7D'1' ':0 \0511.'" or lID 8ZAR
VALLaY DI'fCII. 1\4'---LY 81ClllVJIIl DI'fCII CClMPMY' 1 DI'fCII,
TRDCS IlASTIIlLX ALllIlG ....."'... 01' LAIIO. KalITIOno DI'fCII 846 7D'1', MOJII OR LESS,
TRDCS 1I0JtTR ... 10' ~ 21 na'r,
TRDCS NORTB '6. 4.' ~ 41.4 na'r,
TllDCS lOUTS U. _ 582 1'D'1',
TllDCS UST 3N.l na'r,
TRDCS SOUTS 749.7 naT '1'0 TD PLaCIl 01' UOIPIIIG. I
,
UCSnING TRDUIlOK TBM' POJlTID11 LYIIIG SOu'UI50l1.Y ABll USTBJlLY or TD I'Ot.:r.OWIlIG
D.'ClUUD LID.
COIlMBIICIltG AT A POUT I. TD \0511.5A LID or 81GIII.AIl1l AVDllB, 60 7D'1' WID., 23.54
cmu:NS BUT 01' TD ....n LID 01' SAID IOO'1'IIDST 1/4,
TllDCS NORTH 218.03 naT '1'0 TD 'l'lta POlM or UOIPIIIG or TD LID ':0 U
DBSCJUU%l'
'%'BB1fCll NORTH 73" 12' EAST, 204.72 nET,
'%'BB1fCll ALOIlO A ctlRVB TO TIIB LEft WITH A RADIOS 01' 650 n:n TB:ROOCB Alf AlfCLE 01' 22"
35' 20" BAST, A DISTAMCIl 01' 256.26 I'ZZT,
'%'BB1fCll NORTH 2" 26' WES'l', A DISTAlfCZ 01' 64.12 I'ZETl
TllBlfCll J']I.OJ( A TAlfGZIl'r lURING NORTH 46" 55' 42" BAST ALONG A ctlRVB TO TS:I LEft WITH
A RADIOS 01' 600 nET TB:ROOGS Alf AlfGI.B 01' 32" 07' 11", A DISTAMCIl or 336.36 I'ZZT, TO
A POIN'r IN TS:I NORTHERLr LINE or SAID PROPZR1'r, TO TBB TDHINOS 01' SAID U!I1:.
PARCEL NO. 31
Tmt.T POMIOIf 01' TIIB SOOTBEAft 1/4 01' SZCTIOIf 28, TOWlCSBIP 1 NOR'l'II, JWlGIC 3 WEST,
SAlf BICMAJUlINO BASB AlII) JURIDIAIl, IN TIIB COll1IU 01' SAM UJUO.1U)IlfO, STATZ 01'
CALIJ'OlUlIA, ACCOJUlIJIIQ TO QO\<~:t sllRftY, DZSCJUUD AS roI.I.OWSI
UGIlfHIlfG AT TBB SOll'rBWBS'r COJllfD or 8AID SOC'l'llBAST 1/41 ROlfHIlfG TllBlfCl: lfOR'l'II 9.35
CBAIlfS, '
'1'IIDCIl v.sT 6 c:BAI5S', 70 LINItS Alfll 2-3/4 I5CDS '1'0 TD CI:Il'rBa 01' A STOn DITCH 1
'1'IIDCIl SOOTlI ALONG SAID DITCH 9.35 c:BAINS,
'1'IIDCIl WEST 6 CllAINS, 70 LINItS Alfll 2-3/4 IlfCDS TO TD POIlft 01' UGIIl1l'IMG.
DCIlP'l'IRG '1'IIBU71lOM TIIB NORTS 2-1/2 I'DT TBDZOI' DBBDml TO 010. ... JWlI)AI.I., AS PER
DBBD RZCORDBD MAr 10, 1910, 15 BOOK 458 01' DEBDS, 'AOa 369.
AI.SO JaCllP'rING Tmt.T PORTIOIf 00IfVZYSJ) TO STA'1'B 01' CALIJ'OutA, UCOJP)ml ROVBHBB1t 23,
1954 15 BOal 3512, 'AGB 56, 017ICIAL UOORDS.
'ARCEL NO.4.
Tmt.T PORT 1011 01' SZCTIOII 28, TOW1CSBIP 1 1f01\TB, ItAlfOB 3 un, SAlf UJUOUIDIMO BASI
Alfll MBJUDIAIl, 1M TD comrn or SAlf HlUfARDIlfO, STATI 01' CAI.IJ'OlUlIA, ACCOIIDING TO
GOVPIOCIlf'l' SORVBY, DBSCJU8ml AS J'Ou.aw..
c:oKKZ1fCIIIG Jlf A POIM 6U.6 nft ROR'1'B ncH TD SOUTIIWBST C01UCD 0' TD SOtlTBlAST
1/4 0' SBCTIOII 28, 'fOWlfSBIP 1 ROR'1'B, l\AlfGIl 3 1lBS'1', SAM UJUIARDIlfO BASB Alfll
MIl1UDIAM, Alfll ROlfHIJIQ TBIlfe& DS'1' 621 raft,
TBIlfCll lfORTB 133.6 raT,
TBIlfCII: WEST 10 raft '1'0 A POItft nr 'fD .-..~ or A WA.STI Dt'fCB,
TBIlfCII: 50RTB ALOIIG 'filii ......._ or SAID WUTl DITCH, 421,6 nft TO TD C5l'I'J;&A< LIIB
or TD IBW au ~ DIt'CII, roIlHDLr TD DITCH 0' TIIB BIGJII.AlfII DITCH COMPANY,
TBIl1fCII: QITDLr az4IO 'filii 106ft.-... LID 01' SAID DITCIl. 667 raft, IfIOJm OR I.ICSS. TO
TD IlBS'1' LID 0/1 'filii 8ClO'fIIDIT 1/4 0' SAIIl SBCTIOII 28,
TBIl1fCII: Sotml 131 raT, '1'0 'f'D ~ 01' UGIll1flWO.
,AP"'. 1fO. I.
I
'l'BAT PORTIOII 0' TD SOQ'fIDAS'1' 1/4 0' SBCTIOII 28, 'fOWlfSBIP 1 lfOA'l'II, ItAlfGJl 3 WEST,
SAIl UJUQJUlllIO BASB Alfll ICKRIlltM, I. 'f'D wukU or SAM UJUIARDI1tO, nATI 01'
CAI.IJ'OIIlfIA, ACCOJUlIJIQ TO TD Orl'ICtAL 'LAT 0' SAID I.AlfD ,Ita III 'f'D IlIS'l'RICT t.AlfIl
OFrIca S&P'l'IlIBD 2, 1871, DUCJUUIl AS J'OI.LCIIlfS.
c:oKKZ1fCIlfG AT 'fD SOUTIl 1/4 COJUaIt or SAID SBCTIOII 28,
TBIlfe& ROA'l'II 89" 41' 45" IAaT AI.ClIG 'fD SOU'1'II LID 0' SAID SZCTIOII, 442.50 I'ZET
.
(UCORD 442.43 FDT) '1'0 TD INTZItSEeTION WI'l'8 TD SOO'l'8lJU.Y !X'1'ENSION or TD
CZNTD. LId or A S'1'On DITCH AS IUtnMEtl TO IIf DUII IUtCClRDI:D nBRUl\Jl.Y 9, 1921 1M
BOO~ 710 or DUIlS, PAGJ 327, IUtCClRDS or SAID COUN'l'YI
'1'BZNCI NOR'l'8 O' 22' 00' WEST ALONG TD SOll'l'BDLY Ilt'1'!NSIOIf or TD CEJlTD LINE or
SAID DITCH 135.99 P:U'1' '1'0 A POIII'1' IN TD NOR'l'8 LIN! or THE STATE IJIGIlWAY RIGHT OF
WAY,
TDNCI NOR'l'8 89' 38' 00" lAST, 3.0 FElT'
'1'BZNCI NOR'l'8 O' 22' 00' waST, PA.."t&..,.,. WI'l'8 TD CIN'1'IR LINE or SAID STONB DitCH,
32 .0 nET TO THE '1'Jla:l POIII'1' or BEGINNING,
'1'BZNCI COIl'1'INUIIfG NORTH O' 22' 00' waST, 115.0 !'UT,
'1'BZNCB NOR'l'8 89' 38' DO" lAST, 93.0 PlSTI
'1'BZNCI SOll'1'!l O' 22' 00" lAST, 115.0 nE'l', PAJl&""" WI'l'8 TD ctH'l'P LIN! or SAID
S'1'OJfI D I'1'CII,
'l'DNCB SOO'l'B 89' 38' 00' WEST, 93.0 FDT TO TD '1'JllJB POIlC'l' OJ' BBGINNIIfG.
PUCIL 1f0. 61
THAT PORTIOIf or THE SotrrDAST 1/4 or SBC'l'IOIf 28, '1'OWIlSBIP 1 NOJt'1'II, RANGE 3 WEST,
SAN BBRNARDlRO !WI. lUm MERIDIAN, III '1'D comrn or SAN BOHAJlDIRO, STAD OJ'
CALIFORNIA, ACCORDIRG '1'0 TD OrrICIAL PLAT or SAID LAIIJ) rILED III TD DIS'1'JlIeT LAND
OI'J'ICI SBP'1'BXBBR 2, 1878, DESCJlIBBIl AS POLLOWSI
OOHKENCIIlG AT TD SOO'l'II 1/4 COMD or SAIl) SEeTIOIl 28,
'1'BZNCB IfOR'l'8 89' 41' 45" lAST ALOIfG '1'D SOll'1'!l LIn or WD SBeTIOIl, 442.50 FlET
(IUtCO]ll) 442.43 ta'r) '1'0 TIll nrrDSBeTION WI'l'8 TD Suu~......r.r U'l'Bl(aIOIl or TD
CI1I'1'U Lln or A 5'1'0" DI'1'CB, AS UP1IJUlJ1) TO IN DDD UCORDBIl RUUAn 9, 1921, IN
BOOlt 710 or DftI)8, PAID 327, UCORDI 'or SAID COllll'l'Y,
TDlfCl NOR'l'8 O' 22' 00' waST ALOlfG TD SOOTBDLY U'1'DBION or TD (;Ana Lln or
SAID DITCH, 135.99 PDT '1'0 A POIlI'l' IN TD RORT8 LID or TD STAn BIGIlWAY RIGHT or
WAY TO '1'D '1'Jllm POIlI'l' or Il&OIIlBIRGI
'l'DNCB 1l0R'l'8 89' 38' 00' lAST, 3.0 PElT,
'l'BINCB ROR'l'8 O' 22' DO" WB.ST, 32.0 PElT PAJ1.&.""" WI'l'8 '1'D <;&1..:_ LIIQ or SAIl) STONB
DITCHI
TDlfCB IfORTH 89' 38' 00' lAST, 20.00 PDT,
TDlfc:& SOU'1'II O' 22' 00' &U'1', 32.0 PElT,
'1'DllCB SOll'1'!l 47' 45' 50' WB8'1', 19 . 31 PDT TO A POIlI'l' 1ft TD ROJl'1'll:lAS'1'BItLY LID or
'1'IDl ann or CALIJ'OlUIIA B1Gl111AY AS DJ:.l:aIBBIl 1ft PAJtCIL ".. or TD ODD UCORDED
~ 18, 1954, AS I.S'1'JUlIIIIl'1' 110, 25, :or aoo& 3347, PAlm 49', OI'J'ICaL UCO]ll)S,
UCOIUl. or SAD .......u,
TDlfCB .......... 34' 08' 26" "8'1' (UCOIUl IfORD 33' 45' 04' WB.S'1') ALCltO SAID
IfOJl'1'II:IAS'l'DLY LIllI, 15.50 J'U'1' TO TD Ttla:l POIII'l' 07 Il&O%1I1fIIIG.
I