HomeMy WebLinkAbout22-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director Subject: Resolution authorizing the execution
of agreements for the acquisition of easements
Dept: Development Services relative to the State Street Storm Drain.
Date: March 1,2004 OR1G1NAL
File No 15.04-127
Synopsis of Previous Council Action: MCC Date: 03-15-2004
01-10-2002 - Resolution No. 2002-15 was approved authorizing the execution of a Freeway
Agreement and MOD with State of California relative to the construction of the 1-210 Freeway.
06/16/2003 - Cooperative Agreement with SANBAG for the State Street Storm Drain Project
was approved.
Recommended Motion:
Adopt Resolution
~~oF
James Funk
Contact person: LASZLO "Les" FOGASSY
Supporting data attached: Staff Report, Map, Res.;
Agreements
FUNDING REQUIREMENTS: Amount: None
Phone: 5026
Ward:
6
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
l4:~G -B2CN~- ') 'f
Agenda Item No.
;)J...
3/15'/ of
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution authorizing the execution of agreements for the acquisition of easements relative to
the State Street Storm Drain.
BACKGROUND:
The San Bernardino Associated Governments (SANBAG) is the lead agency for the design and
construction of the 1-210 freeway extension. The freeway extension will require the installation
of the State Street Storm Drain to convey storm water runoff from north of the proposed 1-210
Freeway to Lytle Creek. An agreement between the City and SANBAG has been approved for
this storm drain to be installed by CALTRANS, together with the construction of the 1-210
Freeway extension.
SANBAG estimates the cost of construction of the State Street Storm Drain to be $7,000,000,
excluding the cost of the relocation of the utilities. The agreement with SANBAG, which was
approved by the Mayor and Common Council on June 16,2003, requires a 25% City match, or
about $1,750,000. This amount is being paid back to SANBAG over a six year period. SANBAG
has also agreed to waive the interest for the first three years. The total cost to the City, including
interest, is estimated not to exceed $1,850,000.
The agreement with SANBAG also states that they will pay for all right of way and/or easement
acquisition costs. There are four parcels across which easements are needed for this project.
Specifically, one of these parcels is located north of Base Line Street and is owned by BBC
Properties LLC. The remaining three parcels are owned by San Bernardino County Flood
Control.
The attached resolution authorizes the execution of agreements with the respective property
owners for the acquisition of the necessary easements. Although the agreement is between the
City and the respective property owners, SANBAG will pay the acquisition costs for the
easements. The total cost across San Bernardino County Flood Control property is $4,625 and
across the BBC property is $25,000. These costs also include the needed temporary construction
easements. A detail of the costs is shown in the respective agreements.
FINANCIAL IMAPACT.
None. Acquisition costs are being paid for by SAN BAG pursuant to an agreement with the City.
RECOMMENDATION:
Adopt Resolution
No Scale
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Vicinity of easements
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Location of State
Street Storm Drain
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SER~CES
REAL PROPERTY SEC~ON
State Street Storm Drain Project
- Highland Avenue to Lytle Creek
~ indicates un-incorporated areas
~ within Cit 's S here of Influence
Created by:t.
Date: L./2 ()
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RESOLUTIO~O~ ~ V
RESOLUTION OF THE CITY OF SAN BERNARDINO
UTHORIZING AND DIRECTING THE EXECUTION OF AN ACQUISITION
GREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL
ISTRICT AND AN ACQUISITION AGREEMENT AND RIGHT OF ENTRY
ITH BBC PROPERTIES, LLC, FOR CERTAIN EASEMENTS RELATIVE TO
HE STATE STREET STORM DRAIN PROJECT GENERALLY IN THE
ICINITY OF THE SOUTHERLY EXTENSION OF STATE STREET AT BASE
INE STREET.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
ITY OF SAN BERNARDINO AS FOLLOWS:
SECTION l. That the Mayor of the City of San Bernardino is hereby directed
10 nd authorized to execute on behalf of said City, an Acquisition Agreement with the San
11 ernardino County Flood Control District, a copy of which is attached hereto as Exhibit
12
'A", and an Acquisition Agreement and Temporary Right of Entry with BBC Properties
13
14
LC a copy of which is attached hereto as Exhibit "B" and Exhibit "C" respectively, for
he acquisition of certain easements relative to the State Street Storm Drain Project,
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enerally in the vicinity of the southerly extension of State Street and Base Line Street
SECTION 2. Said Agreement shall be null and void if either party fails to
xecute the Agreement within sixty (60) days of the date of adoption of this Resolution.
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3/I~lD 9
3105/2004
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
1 EXECUTION OF AN ACQUISITION AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT AND AN ACQUISITION AGREEMENT AND RIGHT OF ENTRY WITH BBC
2 PROPERTIES, LLC, FOR CERTAIN EASEMENTS RELATIVE TO THE STATE STREET STORM
DRAIN PROJECT GENERALLY IN THE VICINITY OF THE SOUTHERLY EXTENSION OF STATE
3 STREET AT BASE LINE STREET.
4
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a
meeting
day of
. 20_. by the following
NAYS
ABSTAIN
ABSENT
15
JOHNSON
16
17
18
19
20
21
!\lCCAMMACK
City Clerk
he foregoing resolution is hereby approved this _ day of
70
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JUDITH V ALLES. Mayor
City of San Bernardino
24 pproved as to form
and legal content:
25
JA\1ES F. PENMAN,
26 City Attorney
27 7./~
28
03/08/2004
2
ACQUISITION AGREEMENT
c/o Real Estate Services
825 East Third Street, Room 207
San Bernardino, CA 92415-0832
BUYER: City of San Bernardino
PROJECT: S.tate Street Storm Drain
PARCEL: A
PARCEL: B
APN:
APN:
WO#: F1I761
0269-231-20; 0269-271-05
0269-181-02
In consideration of tbe mutual covenants and agreements herein set fortb, SAN BERNARDINO
COUNTY FLOOD CONTROL DISTRICT (hereinafter referred to as SELLER), agree(s) to sell and convey to the
CITY OF SAN BERNARDINO (hereinafter referred to as BUYER), and assigns, that real property (hereinafter
referred 10 as PROPERTY) as described in the attached deed(s) and exhibit(s) and which is (are) attached hereto and
made a part hereof. Conveyance of said PROPERTY is by easement and the PROPERTY valuation is summarized
as follows:
South side of Baseline Road
Parcel A Easement Area:
Subtotal:
78,323.7 sf@SO.05 x 90% =
S3,525.00
S3,525.00
North side of Baseline Road
Parcel B Easement Area:
Temporary Easement:
7,812.3 sf@SO.lOx90%=
18,751.3 sfx SO.IO/sf=S 375.00
@ 10% per annum for 2 years
Rounding number
S 703.00
Subtotal:
Total:
S 375.00
S 22.00
SI,100.00
S4,625.00
The terms and conditions of the contract are as follows:
I. The parties have herein set forth the whole of their agreement. The performance of this agreement
constitules the entire consideration for said PROPERTY and shall relieve the CITY OF SAN BERNARDINO and
ITS AGENT(S) of all further obligation or claims on this account, or on account of the location, grade or
construction of the proposed public improvements.
2. BUYER agrees to pay SELLER for said PROPERTY and rights thereto the sum of S4,625.00 payable
within J 20 days from the date this agreement is fully executed by both SELLER and BUYER. In the event
BUYER and/or SELLER are/is not in a posilion to close this TRANSACTION within the above term, SELLER and
BUYER agree to extend the TRANSACTION for another 90 days. Any extensions beyond that date will require
approval of both SELLER and BUYER in the form ofa LETTER.
The foregoing AGREEMENT is hereby approved by SELLER and BUYER and hereby agree to sell and to
buy said PROPERTY and will deliver to you the papers, instruments and/or funds required within the time limit
specified herein and you are authorized to deliver said funds and documents to the appropriate parties at such time
that you can issue your policy of title insurance as set forth above. SELLER further agrees to pay any personal
property taxes properly chargeable to SELLER. You are also instructed to pay from the amount shown as the total
consideration above any other charges to which the parties have agreed.
SELLER:
By:
Date
County of San Bernardino Flood Control District
BUYER:
By:
Date
City of San Bernardino
EXhiBIT "A"
I .
\.)0 P,cJI Estate SeT\1CC5
\ ',125 E Third SIP:el
l S;:n Bemilfdlno, CA 92415-I)S3:!
.
ACQUISITION CONTRACT
Wednesday, July 30, 2003
Buyer:
Project:
City of S~n Bern;trdino
State Street Storm Drain Project
"'0#: NJ1761
Parcel#:
APN#: 0269-181-04
AGREEMENT
In consideration of the lIlutllal COVClIants and agreements herein set forth, BBC PROPERTIES.A CALIFORNIA
GENERAL PARTNERSI-DP (hereillafter referred to JS SELLER), agree(s) to sell alld convey to the City of San Bernardino
(lmeinafier referred to as BUYER). alld JSsiglls. that real properly (hereinafier referred to as PROPERTY) as described in the
attached deedis) alld exhibitls) alld wllich Islare) attached hereto alld made a pari hereof Conveyance of said PROPERTY is by fee
and the PROPERTY valuatiall is summarized as follows
Easemellt Arca 39,912.2 sf@ $0.45 x 90%=
$16,164.00
Temporary Right afElltry = 97,284.1 sfx S0.45/sf@10% per allnum 2 years =
$8,756.00
$80.00
Total:
$25,000.00
The terms :and conditions of the contract are as follows:
1. The p.uties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire
Jnsideratian for said PROPERTY and shall relieve the City of San Bernardino and its agent(s) of all further obligation or claims on
this account, or on accoullt of the location, grade or construction of the proposed public improvements.
2 BUYER agrees to pay SELLER for said PROPERTY and rights thereto the sum of $25,000.00 payable within 90 days
from the date this agreement is fully executed by both SELLER and BUYER In the event BUYER andlor SELLER arelis not in a
position to close this escrow v.ithin thc above escrow tenn, SELLER and BUYER agree to extend the escrow for another 90 days.
Any extensions beyond that date will require approval of both SELLER and BUYER in the form of an Amendment to the Escrow
Instructions.
3 SELLER agrees that at the time escrow closes, tbe subject property will be free and clear of any and all rentalllease
agreements, Mitten or oral, and free of any tenancy.
4 BUYER agrees to pay all normal escrow and recording fees; and the cost of a standard Policy of Title Insurance issued by
COMMERCE TITLE COMPANY SELLER agrees to pay the cost of any and all charges and fees necessary to provide clear title to
BUYER, including but not limited to reconveyance fees, Lost Instrument Bonds and Title Insurance special endorsements as may be
necessary to insure clear title.
5. SELLER agrces to use its best efforts to satisfY of record at or before conveying said PROPERTY and rights, all encum-
brances and special assessments which are a lien against the land, as BUYER may require. PROPERTY will be free and clear of all
encumbrances except
a Covenants. conditions, restrictions and reservations of record.
b. Easements or rights-of-way over said land for public or quasi-public utility or public street purposes, if any.
6 Upon recordation of the real property conveyed to BUYER, BUYER "ill request cancellation of the real property taxes for
Ie property conveyed pursuant to Section 4986, California Revenue and Taxation Code, as amended. If current taxes have not yet
been paid, SELLER shall pay through escrow or out of SELLER's proceeds, the installment applicable to the period in which escrow
Page 1 of 4
EXHIBIT "B"
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ACQCISITIO~ CONTRi\CT
~[ .
.~ c/o Redl Estate SCT\'lCes
\ g25 f llllTd Slice!
. Sail Bernardino. CA 9::4] 5-01\32
Wednesday'. July 30, :003
closes If taxes MC not yel due iJlld pJyablc ..ll1d the exact Jlllount that will be due is unknO\\l1, escrow holder is hereby instructed to
witbbold from SELLER's proceeds an amonnt ofrllnds equal to Olle hundred alld ten percent (] ]0%) of the second installment of the
most recent tax bill Once the exact amount oftbe new tax bill is Imown, escrow bolder will promptly pay the amount due, prior to
tbe delinquent date. to tbe COllnty Tax Collector AllY excess fimds will be returned to SELLER by the escrow holder after said
payment is made Taxes will NOT be prorated between SELLER and BUYER in escrow Tbe taxing authority will notilY SELLER
of an\' refund due SELLER resulting from the subject acquisition after a review and any subsequent proration of the property tax
asses;ment by tbe County Assessor SELLER retains tbe rigbt, following close of escrow, to apply 10 the County Tax Colleclor for
refund pursuant to Rc\'cllue Jlld TJxatioll Code 5096.7.
I SELLER agrecs tbat BUYER may. notwitbstanding tbe prior acceptance of this agreement, acquire title to said PROPER-
T\" and nglllS by condemnation or other judicial proceedings, ill \\'hich event SELLER agrees to cooperate \\1th BUYER in the
prosecution of such proceedings; Jgrecs thJt the consideration hereinabove stated shall be the full amount of just compensation,
inclusive of illterest. for the tdlUng of said PROPERTY i..llld rights; agrees that the consideration recited in paragraph 2 hereof
constitutes the full JllIount of the purchase price for the PROPERTY and rights aud shJII be prorated among all persons having an
interest in this property JS their respective ill1crcsts may JppeJr; and agrees thiJt the said consideration shall be in full satisfaction of
any and JII clJillls of SELLER for payment for the right of occupancy Jnd use hereinafter prm;ded for in paragraph seven (8).
, -
8. As additional consideration for the payment of the purchase price hereinabove set forth, SELLER hereby grants 10
BUYER, and assigns, the right of immediate occupancy and use of the land in which said PROPERTY is to be granted for the
purpose of exercising Jny of the rights being couveyed hereby iu SJid PROPERTY from and after execution of this contract until
such time as said PROPERTY is conveyed and accepted by BUYER
9_ A.ny holders or a beneficiary interest ill the subject area secured by a trust deed and promissory note, will be asked to
"o\ide a full reconveyance relinquiShing their interest in the property being acquired SELLER agrees to cooperate v.1th BUYER
and/or the escroW holder, in obtaining said reconveyance.
10. The terms and conditions aforesiJid tire to apply to ,.lIld bind the heirs, executors, administrators, successors, and assigns of
the SELLER
11. All terms and conditions 'JI..ith respect to this agreement are expressly contained herein and SELLER agrees that no
representative or agent or BUYER h<ls made any rcpresent,Hioll or promise V\~th respect to this agreement not expressly contained
herein.
12 SELLER hereby represents and warrants that during the period of SELLER ownership of the property, there have been
no disposals, releases or threatened releases of hJZardous substances or hazJrdous wastes on, from, or under the property. SELLER
further represents and W<lrrants that SELLER has no knowledge of any disposal, release, or threatened release of hazardous sub-
stances or hazJrdous WJstes on, from, or under the property \vhich may have occurred prior to SELLER taking title to the property.
The Jcquisition price of the property being Jcquired in this transJction reflects the fair-market value ofthe property without
the presence of contall1l1latioI1. If the property being acquired is found to be contaminated by the presence of hazardous waste which
requires mitigation uuder Federal or State Jaw, BUYER may elect to recover its cleanup costs from those who caused or contributed
to the contamination
ESCROW INSTRUCTIONS
TO ANY RELIABLE ESCROW
BUYER agrees to purchase the PROPERTY referenced above upon the terms and conditions described in the AGREEMENT
for a total consideration of $25,00000 and will, within 90 days from the date BUYER's signature is affixed hereto, hand you said
onsideration for delivery to SELLER at close of escrow, together with any additional funds andlor instruments necessary to comply
v.;th the terms hereof, all of which you may use when you can issue your standard coverage form policy of title insurance with
Page 2 of 4
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ACQU1SIT10N CONTR.\CT
,
I ('0 Real Estate Sen'ice5
\ ~25 E llnrd $lred
S~.n Bcm<lrdino, CA 924] 5.fJ~32
\\"ednesday, July 30. 2003
liability not less than the JIlIOllllt Slaled JS lotal cOllsidcrJtioll. showing title vested in the BC'"'{ER or assigns, free of all encum-
brance~, exccpting thosc enclllllbrallccS show'l ill Title Repon number 730269840, dated, provided by COMMERCE TITLE
COMPANY, approved ill wTiting by BUYER alld sllch other encumbrances as are approved in "Titing by BUYER which approvals
shall not be UllfC<ISOIwuly \\Iithilcld If YOll Jrc not ill i.J position 10 issue your standard co\'erage fonn policy of title insurance as
required hereby within 90 days frolll that dale hcreof alld anv cxtensiolls thereof, the AGREEMENT and this escrow shall terminate
unless extended by mutllal agreement betweell BUYER and SELLER
All disburselllents shall be llIade by your check AJI funds received in this escrow shall be deposited in one or more of your
genera] escrow JCCQlll1t5 \vith allY b,J1Ik dOlllg business ill tile Slale of CJli fornia Jnd may be transferred to any other general escrow
;ccount(s) The expression "close of escrow" llIeans the date on wlmh the deeds con\'e,ing the PROPERTY to BUYER are record-
ed_ Close of escrov..' sh ~dl be all or before 90 dJYs from tile dJIC of SlgllJture hereof. AJI adjustments are to be made on the basis of a
thirty-day month. RecordJtioll of allY instrulllents delivered through this cscrO\\', if necessary or proper in the issuance of a policy of
title insurance c'-llled for, is hereby Juthorizcd You arc to fUfllish i:I copy of these instructions, amendments thereto, closing
statements and/or documents deposited in this escrow to the lenders, real estate broker(s) and/or the attorney(s) involved in this
transaction upon request of such lenders, brokers, or attorneys. Should you before or after close of escrow receive or become aware
of any conf1icting delllJlldS or chlims with respect to this escrow or the rights of the parties hereto, or any money or property
deposited herein or JfTected hereby, you shilll hdve the right to discontinue any and all further acts on your part until each conflict is
resolved to your satisfaclion, and you shall have the further right to commence or defend any action or proceedings for the determiw
nation of such canOic! The panics hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including
reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including but without
limiting the generality of the foregoing, a suit in interplcader brought by you. In the event you file a suit in interpleader, you shall
ipso facto be fully released ,-lIld discharged from all obligations imposed on you in this escrow.
Time is declared to be the essence of these instructions. If you are unable to comply "'1th the time specified herein and such
'riditional time is reqUIred to m<lkc eXJmilliHioll oftlle official records, you \l.-ril1 return all documents, money, or property to the party
titled thereto upon satisfactory \vritten demand and authorization. Any amendment of andlor supplement to any instructions must
be in writing These escrow instructions and <:Imelldments hereto lllay be executed in one or more counterparts, each of which
independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same
instruction.
In the event Buyer, Seller, and/or assigns, utilize "Facsimile" transmitted instructions by ( panafax, telefax, etc.), Escrow
Holder is instrucled to rely and <let upon such instruction in the same manner <:IS if original signed instructions amendment were in
the possession of Escrow Holder and Buyer and/or Seller herein agree to forward signed hard copies of instructions within 48 hours
of transmissioIl. Escrow Holder sllall have 110 liJbility to uny party for relying upon facsimile instructions which were erroneously
transmitted to Escrow Holder. Buyer and Seller agree that v.:hen necessary to permit compliance with closing instruction, Escrow
Holder may rely on [;.IcsI!TIile transmitted demands. Buyer aud Seller further acknowledge and agree that documents necessary for
recording with non-original (facsimile) print andlor signatures will not be accepted for recording by tlle County Recorder, thus
delaying the close of escrow.
The obtaining or assignment of insurance shall not be handled through this escrow. Escrow holder is hereby relieved of all
liability and/or respollsiiJility in connection with the closing of this escrow without benefit of evidence of insurance coverage.
Parties to this transaction are aware and understand that as a result of the passage of the tax reform act of 1986 which added
Section 6045(e) to the Interna] Revenue Code, the seller in this transaction is to deposit, prior to close of escrow, certain information
including all sellers' names and taX identification numbers, and that the closing of this transaction will be delayed in the event
escrow has not received same from seller prior to close of escrow. Escrow holder \\~11 forward information as required by above
Internal Revenue Code Section on forms as prescribed therein
In order to comply with Section 1445 of the Internal Revenue Code; and Sections 18805 and 26131 of the California Revenue
and Taxation Code, Seller will complete and deposit into escrow the documents provided by the escrow holder required by tlle above
referenced code sections.
ANY RELIABLE ESCROW serves only as an escrow holder in connection with these instructions and cannot give'legal
advice to any party hereto. Escrow holder is not to be held accountable or liable for the sufficiency or correctness as to form, manner
of execution, or validity of any instrument deposited in this escrow, nor as to the identity, authority or rights of any person executing
e same. Escrow holder's duties hereunder shall be limited to the proper handling of such money and the proper safekeeping of
such instruments, or other documents received by escrow holder, and for the disposition of same in accordance with the written
Page 3 of 4
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~\
<:'/0 Real Estate SLTyicl:s
~25 E llmd Slrtcl
SilnBemardino,CA 924])-IJ!\32
. .
ACQVISITION COJ\TRA.CT
Wednesday. July 30, 2003
instructions accepted by escrow holder The Jgency and duties of escrow holder commence only upon receipt of copies of this
instruction executed by ..Ill parties
At the close of escrow you <lre 10 deliver "II documents, including a Conformed Copy of the recorded deeds of conveyance, to
the County of SOil Bern.lfdino. Reol ESI<lle Sen'ices Dep<lrtment.
The foregoing AGREEMENT ond ESCROW INSTRUCTIONS are hereby approved by SELLER and BUYER and hereby
agree to sell ,nld to buy s<lid PROPERTY "nd w,ll deliver to you Ihe papers, instruments andlor funds required within the time limit
specified herein; dnd you Me Juthorized to deliver said funds ::lIld documents 10 the appropriate parties at such time that you can
issue)'Our policy of Iii Ie illSu, once as sel forlh above. SELLER further agrees 10 pay any personal property taxes properly chargeable
to SELLER You JTC also instructed to P~IY frolll tlie Jlllount shown as the total consideration above any other charges to which the
par~es have agreed
SE~ (JQ .
J t..t- L_ . '- M ~fl.'" ~~4t.Iy...
~BC Properties r7f' Jl ALL {
L "f)11l\ \ i"T1:Y '} ... f'll "II/..T IIa;
I
BUYER
City of San Bernardino
BY:
Date
BY:
Date
Page 4 of 4
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PROJECT NA;\]E:
W. O. NUMBER:
PARCEL NO:
APN:
Sl:,(c Street Storm Drain Project
Nl1761
0269-] 81-04
TEMPORARY RIGHT OF ENTRY
BBC PROPERTIES, a Califomia general partnership
hereby conscnt(s) to permit the CITY OF SAN BERNARDINO, a body corporate and politic of the
State of California. its officers, agents and employees and persons under contract with said City and
their employees. the privilege and right to enter upon or across the property shown in red on the map
attached hereto and made a part hereof, for construction purposes:
The purpose of the temporary right of entry is for:
Construction of a storm drain
This temporary construction easement will expire upon completion of the construction project or not
later than November 1, 2005.
Hold Over Provision: The City will have the right to hold over on a month to month basis upon
expiration of the initial term of the Temporary Right of Entry at the same monetary rate as calculated
in the initial offering.
It is understood that this permission is not a waiver, in any way, of the right to compensation for
such land or of any remedy authorized by law to secure payment thereof.
It is further understood that owners shall be held harmless for any injury to construction personnel or
damage to construction equipment during the period of construction.
a ~
j - I I, v]
(Yl BaC Propertie~ - ate
.r1I611t- - ~n~~I~. V',""'~~
i3 ~ f.., 9lUiMTl ~) L-Ll.
I
BBC Properties
Date
Recommended for approval by:
Approved by:
#)2-
BY,
BY:
Dl\TE:
) ;2 /<...';0 'i
,
DATP.:
..
.
Sheet 1 of 3
EXHIBIT "A"
That portion of Lot 185 of the Semi-Tropic Land and Water Company Subdivision, situated in
the City of Rialto, County of San Bernardino, State of California, as shown on Map on file in
Book 6, page 12 of Maps, in the Office of the County Recorder of San Bernardino County,
California, said land described in a Ouitclaim Deed to BBC Properties on November 13,1990 as
Instrument No. 90-451490, in the Office of the County Recorder of said County, described as
follows:
Parcel "A"
A strip of land 9843 feet wide, being 3281 feet westerly and 6562 feet easterly of the following
described centerline:
COMMENCING at a the centerline intersection of that Base Line Road (60 feet wide) with
California Street (62 feet wide) as shown on Record of Survey 98-0106, recorded in Book 112,
pages 47 through 54 inclusive of Records of Survey, said centerline being the south line of said
Lot 185, said point being distant North 89'44'41" East, 5.11 feet along said centerline from the
southeast corner of said Lot; thence South 89'44'41" West, 932.71 feet along said centerline;
thence North 35'46'16" East, 203.60 feet to the beginning of a 'curve, concave westerly, having
a radius of 18044 feet; thence along said curve an arc length of 28.39 feet, through a central
angle of 09'00'49" to a point on the northerly line of land described as Tract 143-A in Quitclaim
Deed to the San Bernardino County Flood Control District, recorded March 23, 1950 as Book
2550, Page 145, Official Records of said County, a radial line through said point bears South
63'14'33" East, said point being the POINT OF BEGINNING; thence continuing along said
curve, an arc length of 141.25 feet, through a central angle of 44'50'52" to the beginning of a
compound curve, concave southwesterly, having a radius of 4384.06 feet, a radial line through
said point bears North 71 '54'35" East; thence along said curve an arc length of 508.32 feet, a
central angle of 06038'36" to the beginning of a compound curve, concave southwesterly,
having a radius of 103346 feet, a radial line through said point bears North 65015'59" East;
thence along said curve an arc length of 137.86 feet, through a central angle of 07"38'24" to a
pOint hereinafter referred to as Point "A", a radial line through said point bears North 57"37'26"
East, said point being the POINT OF TERMINUS
The Sidelines of the above mentioned strip shall be prolonged, extended or shortened so as to
create a continuous boundary and terminate on the northerly line of said Base Line Road and
northerly line of Tract 143-A.
J:\98129\TASK_33Ilegalsllce-04.dOC
.
.
Sheet 2 of 3
Parcel "6"
BEGINNING at said Point "A"; thence South 57'37'26" West, 32.81 feet to the begin ring of a
non-tangent curve, concave southwesterly, having a radius of 1000.65, a radial line through said
point bears North 57'37'26" East; thence along said curve an arc length of 85.94 feet, through a
central angle of 04055'15"; thence North 26024'55" West, 201.28 feet; thence North 62028'27"
East, 3079 feet to a point on the northerly line of said Lot 185; thence South 45021'37" East,
17.76 feet along said northerly line of Lot 185; thence South 29031'32" East, 36.48 feet; thence
South 44015'54" East, 23471 feet; thence South 57'37'26" West, 65.62 feet to the POINT OF
BEGINNING
See sheet 3 of 3 for a plat depicting the above-described property.
This real property has been described by me
Professlo Land Surveyor' Act.
under my direction, in conformance with the
J:\9B 129\1 ASK _J3\iegalsllce.Q4.dOC
INST. NO.
90-451490, O.R.
~CC.
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Sn~I-TROPJC LAND
WATER COMPANY SUB.
M.B. 5/12
6~;'~:4~"E DWT3824
C1: R~'8044' eJ'R=ID3346'
L=28.39' L= 137.85'
_589'44'41 ~W
_ _932.71'_
ll.=44.S0'52~
C2: R= 18044'
L= 141.25'
6=04'55'15"
C4: Ro: 1000.65'
L=65.94'
/
SE COR. /
LOT 185
SCALE: 1 "=200'
DETAIL "A"
NOT TO SCALE
P,O.B.
f PARCEL "8"
/
N62'28'27"E
30.79'
P.O.T,
PARCEL "A"
POINT ~A" ~CC/
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EXHIBIT "A"
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PARCEL "A"
S45'21'37"E
17.76'
DETAIL "B"
NOT TO SCALE
LINE DATA
11: S5T37'26"W (R)
32.8"
L2: S57'37'26''W (R)
65.62'
POINT "A"
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DETAIL "C"
NOT TO SCALE
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___~9~44'41"W___ 932.7~'~
S'LY LINE LOT 185
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DETAIL "AoJ
IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE or CALIFORNIA
SEE
\P,O,C
PARCEL "p.
PARCEL "E
AREA
~Associated Engineers. Inc.
3311 EAST SHELBY STREET ONTARIO, CA 91764 SQUARE FEET:
TEL (909) 980-1982 FAX: (909) 941-0891 PARCEL No.:
97,284.1
2.233
TEMPORARY EASEMENT
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
March 17,2004
TO:
Laszlo "Les" Fogassy, Real Property Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2004-74
At the Mayor and Common Council meeting of March 15, 2004, the City of San Bernardino
adopted Resolution 2004-74 - Resolution authorizing and directing the execution of an
acquisition agreement with the San Bernardino County Flood Control District....
Attached are three (3) original agreements. Please obtain signatures in the appropriate location
and return one original agreement to the City Clerk's Office as soon as possible, to my attention.
If you have any questions, please do not hesitate to contact me at ex!. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby aCkn~ receiP~ of the above mentioned documents.
Signed: ~/ 2-
Date: '"3 / I 7 / (5 / Please sign and return
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 11, 2004
TO:
Laszlo "Les" Fogassy, Real Property Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-74 - San Bernardino County Flood Control District
CC:
Our office has not received the executed acquisition agreement with the San Bernardino County
Flood Control District (State Street Storm Drain Project). This agreement was approved at the
Mayor and Common Council meeting held on March 15, 2004, and will be null and void if not
executed and returned to the City Clerk's Office by May 14,2004.
Please forward the executed agreement to the City Clerk's Office, to my attention, as soon as
possible. If you have any questions, please do not hesitate to call me at ext. 3206.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 3.-, s -0'-1 Item #22. Resolution #
Vote: Ayes \,,-C',' '1 Nays to- Abstain-e--
Change to motion to amend original documents 0 Companion Resolutions
2C0Lj-"Lj
Absent L
Null/Void After:
~a
days / :')-\ '-\-O'-j_
Resolution # On Attachments: 0
Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor:
Date of Mayor's Signature:
::, - I fc-{)'-j
3-\bO,-\
Reso, Log Updated:
Seal Impressed:
EJ
Q--'
Date of Clerk/CDC Signature:
3 -\ ')--()'--\
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent: 5-' kaLI
:J,-,g-o'--l
Date Returned: 5.- I j-e-A
Not Returned: 0
znd Reminder Letter Sent:
Request for Council Action & Staff Report Attached: Yes ,/ No By
-
Updated Prior Resolutions (Other Than Below): Yes No ./ By
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes No --""'- By
Updated CDC Personnel Folders (5557): Yes No ./ By
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No/ By
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator 0 Facilities 0 Parks & Recreation 0
City Attorney e:( Finance 0 Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0" Human Resources 0 Water Department 0
Others: L-
Notes:
Ready to File: _
Date:
Revised 1Z/18/03