HomeMy WebLinkAbout1983-313
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i RESOLUTION NO. 83-313
II RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
I'EXECUTION OF A GRANT DEED, AS MODIFIED, CONVEYING CERTAIN PROPERTY
IKNOWN AS SECCOMBE LAKE PARK TO THE STATE OF CALIFORNIA AND AN
IAMENDMENT NO. 3 TO THE OPERATING AGREEMENT, FOR THE SECCOMBE LAKE
PROJECT.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
8 authorized and directed to execute on behalf of said City a Grant
9 Deed, as modified, conveying certain property known as Seccombe
10 Lake Park to the State of California, and an Amendment No. 3 to
11 the Operating Agreement, for the Seccombe Lake Project, copies of
12 which are attached hereto as Exhibits "A" and "B", respectively,
13 each of which is incorporated herein by reference as fully as
14 though set forth at length.
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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Bernardino at a
regular
on the 19th day of
meeting thereof, held
September
, 1983, by the following
19 vote, to wit:
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Council Members
AYES:
Marks, Quiel, Frazier, Strickler
Castaneda, Reilly, Hernandez,
NAYS:
None
ABSENT:
None
The foregoing resolution is
day
of
, 1983.
September
28 Approved as to form:~
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City At orney
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THIS AGREEMENT, made and entered into this 20 day of fcfrE,.,uA. ,
and between the STATE OF CALIFORNIA, acting through the Department of
9 Parks and Recreation, hereinafter called "STATE", and the CITY OF SAN
10 BERNARDINO, hereinafter called "LOCAL AGENCY";
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8 19~, by
SECCOMBE LAKE PROJECT
AMENDMENT NO. 3
TO THE OPERATING AGREEMENT
WITH THE CITY OF SAN BERNARDINO
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WIT N E SSE T H:
WHEREAS, STATE and LOCAL AGENCY entered into an operating agreement
dated September 30, 1982, for care, maintenance, control, and operation, by
LOCAL AGENCY, of certain real property for recreational and park purposes in
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17 the City of San Bernardino, and an amendment thereto dated February 10, 1983;
18 and
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20 WHEREAS, it ha s been mutua 11y agreed between the parties hereto to
21 further amend said agreement dated the 30th day of September 1982 (as amended);
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NOW, THEREFORE, the parties hereto do agree as follows:
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25 1. The descripti ons for Parcel s 20, 21, and 22 in Exhibit A-I are
26 hereby amended to read:
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STA.TE OF CA.LIFORNIA
STD. 113 (REV. 8.12)
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1 I! PARCEL NO. 20:
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3111 The West 22 feet of Lot 6, Block 3, RANCHO SAN BERNARDINO, in the
4 Ii County of San Bernardino, State of California, as per plat recorded in Book 7
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5 III of Maps, Page 2, records of said County.
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8 RANCHO SAN BERNARDINO as per plat thereof recorded in Book 7 of Maps, Page 2,
EXCEPTING THEREFROM those portions of Lots 4, 5, 6, and 7, Block 3,
9 records of said County, as conveyed to the City of San Bernardino by deeds
10 recorded November 20, 1950, Document No.4 in Book 2674, Page 190, Official
11 I Records of said County, and by deed recorded November 30, 1953, Document
121 No. 382 in Book 3285, Page 306, Official Records of said County lying within
13 I the following described property.
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Beginning at a point in the North line of said Lot 4, said point
16 being 455 feet West from the Northeast corner of said Lot 5; thence
17 South 00018'27" West and parallel with the West line of said Lot 5, a
18 distance of 200.18 feet; thence North 89032'46" West and parallel with said
19 North line of Lot 4, a distance of 114.58 feet to a one-inch iron pipe tagged
20 R.C.E. 19452; thence South 14023'20" East, a distance of 452.11 feet to a
21 one-inch iron pipe tagged L.S. 2722; thence South 89040'11" East, a distance
22 of 455.02 feet to a point in the East line of said Lot 6, said point being
23 639.86 feet from the Northeast corner of said Lot 5; thence
24 North 00015'40" East, a distance of 639.86 feet to said Northeast corner of
25 Lot 5; thence North 89032'46" West, a distance of 455 feet to the Point of
26 Begi nni ng .
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COURT PAPER
STATE 0" CA.l.IFORNIA.
STD. 113 (REV. 8.721
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1 PARCEL NO. 21:
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EXCEPTING THEREFROM the North 175 feet of the West 90 feet of said
3 Lot 7, Block 3, RANCHO SAN BERNARD INO, in the County of San
4 Bernardino, State of California, as per plat recorded in Book 7 of Maps,
5 Page 2, records of said County.
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8 Lot 7, Block 3.
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10 ALSO EXCEPTING THEREFROM those portions of Lot~ 4, 5, 6, and 7,
11 Block 3, RANCHO SAN BERNARDINO as per plat thereof recorded in Book 7 of Maps,
12 Page 2, records of said County, as conveyed to the City of San Bernardino by
13 deeds recorded November 20, 1950, Document No. 4 in Book 2674, Page 190,
14 Offici al Records of sai d County, and by deed recorded November 30, 1953,
15 Document No. 382 in Book 3285, Page 306, Official Records of said County lying
16 within the following described property.
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Beginning at a point in the North line of said Lot 4, said point
19 being 455 feet West from the Northeast corner of said Lot 5; thence
20 South 00018'27" West and parallel with the West line of said Lot 5, a
21 distance of 200.18 feet; thence North 89032'46" West and parallel with said
22, North line of Lot 4, a distance of 114.58 feet to a one-inch iron pipe tagged
23 R.C.E. 19452; thence South 14023'20" East, a distance of 452.11 feet to a
24 one-inch iron pipe tagged L.S. 2722; thence South 89040'11" East, a distance
25 of 455.02 feet to a point in the East line of said Lot 6, said point being
26 639.86 feet from the Northeast corner of said Lot 5; thence
27. North 00015'40" East, a distance of 639.86 feet to said Northeast corner of
COURT PAPER
STATE 0'" CALI!I'OIltN\A.
STD. 113 (REV. 8.12)
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COURT PAPER
STATE 0" CALIFORNIA
STD. 113 (REV. 8.721
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1 Lot 5; thence North 89032'46" West, a distance of 455 feet to the Point of
2 Begi nni ng.
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4 PARCEL NO. 22:
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All that portion of Lot 4, in Block 3, RANCHO SAN BERNARDINO, in the
7 County of San Bernardino, State of California, as per plat recorded in Book 7
8 of Maps, Page 2, records of said County, described as follows:
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BEGINNING at a point in the North line of said Lot 4; said North
11 line being the South line of Ninth Street, 136.5 feet East of the Northwest
12 corner of said Lot. 4; thence East along the South line of Ninth Street
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72.15 feet to a point 167.19 feet West of Northeast corner of said Lot 4;
thence Southeasterly 661.30 feet to the Southwest corner of said Lot 4; thence
West along the South line of said Lot 4, 239.72 feet to a point 136.5 feet
East of the Southwest corner of said Lot 4; thence North 638.52 feet to the
point of beginning.
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EXCEPTING THEREFROM the North 485 feet measured at right angles to
line of the aforementioned parcel.
20 I the West
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ALSO EXCEPTING THEREFROM any portion lying within the West 2 acres
23; of said Lot 4.
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25 'I ALSO EXCEPTING THEREFROM those portions of Lots 4, 5, 6, and 7,
26 Block 3, RANCHO SAN BERNARDINO as per plat thereof recorded in Book 7 of Maps,
27 Page 2, records of said County, as conveyed to the City of San Bernardino by
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1 deeds recorded November 20, 1950, Document No.4 in Book 2674, Page 190,
2 Official Records of said County, and by deed recorded November 30, 1953,
3 Document No. 382 in Book 3285, Page 306, Official Records of said County lying
4 within the following described property.
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6 Beginning at a point in the North line of said Lot 4, said point
7 being 455 feet West from the Northeast corner of said Lot 5; thence
8 South 00018'27" West and parallel with the West line of said Lot 5, a
9 distance of 200.18 feet; thence North 89032'46" West and parallel with said
10 North line of Lot 4, a distance of 114.58 feet to a one-inch iron pipe tagged
11 R.C.E. 19452; thence South 14023'20" East, a distance of 452.11 feet to a
12 one-inch iron pipe tagged L.S. 2722; thence South 89040'11" East, a distance
13 of 455.02 feet to a point in the East line of said Lot 6, said point being
14 639.86 feet from the Northeast corner of said Lot 5; thence
15 North 00015'40" East, a distance of 639.86 feet to said Northeast corner of
16 Lot 5; thence North 89032 I 46" West, a di stance of 455 feet to the Poi nt of
17 Begi nning.
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2. In all other respects, said agreement dated September 30, 1982, as
amended by an agreement dated February 10, 1983 and June 16, 1983 and as
21 herein amended, is ratified and confirmed and shall remain in full force and
22 effect.
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COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 8.721
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IN WITNESS WHEREOF, the parties have executed this instrument.
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4 ii CITY OF SAN BERNARDINO
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11 ATTEST:
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COURT PAPER
ST....TIE OF CAL.IFORNIA.
STD. 113 (REV. 8.7Z1
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17 APPROVED AS TO FORM:
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STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
WM. S. BRINER, DIRECTOR
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Date /0- s-' '\;-'~
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COURT PAPER
STATIC OF CALIP'OftNIA
STD. 113 (REV. e.721
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1 Recording Requested By:
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,i When Recorded. Mail To:
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7 i GRANT DEED
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9 THE CITY OF SAN BERNARDINO. a Municipal Corporation. in the County
10 of San Bernardino. State of California. hereinafter called "Grantor". for
11 valuable consideration. does hereby grant to the State of California.
12 hereinafter called "Grantee". all that real property described as follows:
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"For legal description of real property transferred and for
reservations. exceptions. covenants. conditions. and
restrictions relating thereto. see Exhibit "A" attached.
which exhibit by this reference is incorporated herein for
all purposes. II
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IN WITNESS WHEREOF. The City of San Bernardino has caused this deed
19 to be executed by its Mayor and City Clerk. pursuant to resolution of the
20 Council authorizing such execution. this
day of
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THE CITY OF SAN BERNARDINO
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By
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26 ATTEST:
Mayor of sald Clty
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'~lty ~Ierk ot sald Clty
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1 Ii STATE OF CALIFORNIA )
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2 II COUNTY OF SAN BERNARDINO)
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4 II On this day of , in the year of 19 ,
II before me, , a Notary Pub 1 i c in and
51, for the State of Cal1fornia, duly comm1ss10ned and sworn, personally appeared
I , personally known to me to be
6 I the Mayor of the C1ty of San Bernardino and acknowledged
i to me that he executed the within instrument in the name of and on behalf of
7 ! the City of San Bernardino.
8 I IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal in said County, the day and year first above written.
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Notary Pub 11 c
16 STATE OF CALIFORNIA )
) ss.
17 COUNTY OF SAN BERNARDINO)
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19 On this day of , in the year of 19 ,
before me, , a Notary Public in and
20 for the State of Cal1forn1a, duly comm1ssioned and sworn, personally appeared
, personally known to me to be
21 the Clerk of the City of San Bernardino and acknowledged
to me that he executed the within instrument in the name of and on behalf of
22 the City of San Bernardino.
23 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal in said County, the day and year first above written.
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Notary Pub 11 c
COURT PAPER
STATE 0' CAL,I,O"NIA
STO. 113 (REV. 8.72) .
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1 II CERTIFICATE OF ACCEPTANCE
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3 II PROJECT: Seccombe Lake Project
4 jl PARCEL: City of San Bernardino (35+ acres)
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6 The Department of Parks and Recreation, acting through the Director of Parks
and Recreation, pursuant to Section 500S"of the Public Resources Code, does
7 hereby accept on behalf of the State of California the gift of title to or
interest in real property described in the attached conveyance from the City
8 of San Bernardino, dated , to be added to or used in
connection with the State Park system, and pursuant to Section 27281 of the
9 Government Code consents to the recordation of said conveyance.
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11 I Date:
12 DEPARTMENT OF PARKS AND RECREATION
13 By
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15 The Director of Finance does hereby approve the acceptance of this conveyance
by the Department of Parks and Recreation.
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17 Date:
18 DIRECTOR OF FINANCE
19 By
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COURT PAPER
STATE 0,. CALIFORNIA
STD. 113 (REV. B.721
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3 i PARCEL NO.1:
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EXHIB IT II A"
Lots 1 through 12, inclusive, of FIFTH STREET PLACE, UNIT NO.2, TRACT
NO. 2275, in the City of San Bernardino, County of San Bernardino, State of
California, as per plat recorded in Book 32 of Maps, page 67, records of said
8 County.
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10 PARCEL NO.2:
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12 The East 209.98 feet of Lot 9, Block 4, RANCHO SAN BERNARDINO, in the City of
13 I San Bernardino, County of San Bernardino, State of California, as per plat
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14 I recorded in Book 7 of Maps, page 2, records of said County.
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16 PARCEL NO.3:
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18 Lot 8, Block 4, RANCHO SAN BERNARDINO, in the City of San Bernardino, County
19 of San Bernardino, State of California, as per plat recorded in Book 7, of
20 Maps, page 2, records of sa i d County.
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22 PARCEL NO.4:
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24 That portion of Lot 7, Block 4, of the Rancho San Bernardino, in the City of
25 San Bernardino, County of San Bernardino, State of California, as per plat
26 recorded i'n Book 7 of Maps, page 2, records of said County, descri bed as
27 follows:
COURT PAPER
STATE 0' CAL1POftNlA
STD. 113 lFtEV.8.72l : 4
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STATE 0,. CAl.1FORNIA.
STD. 1 t3 {liUV. 6.721
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11! Beginning at a point on the South line of said Lot 7, which is 650 feet West
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2 ilof the West line of Waterman Avenue; thence North and parallel wi~h the West
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311' line of Waterman Avenue to the North line of said Lot 7; thence West along the
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4[1 North line of said Lot 7 to the Northwest corner thereof; thence South along
5 the West line of said Lot 7 to the Southwest corner thereof; thence East along
6 the South line of said Lot 7 to the point of beginning.
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8 PARCEL NO.5:
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10 I That portion of Lot 7, Block 4, of the Rancho San Bernardino, in the City of
11 San Bernardino, County of San Bernardino, State of California, as per plat
12 recorded in Book 7 of Maps, page 2, records of said County, described as
131' follows:
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15 Beginning at a point on the South line of said Lot 7, which is 600 feet West
16 of the West line of Waterman Avenue; thence North and parallel with the West
17 line of Waterman Avenue to the North line of said Lot 7; thence West along the
18 North line of said Lot 7, 50 feet; thence South and parallel with the West
19 line of Waterman Avenue to the South line of said Lot 7; thence East along the
201 South line of said Lot 7; 50 feet to the point of beginning.
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22 PARCEL NO.6:
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24 That portion of Lot 7, Block 4, of the Rancho San Bernardino, in the City of
25 San Bernardino, County of San Bernardino, State of California, as per plat
26 recorded in Book 7 of Maps, page 8, records of said County, described as
27 follows:
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1 I! Begi nni ng at a poi nt on the South 1 i ne of sai d Lot 7, which poi nt is 600 feet
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2 Ii West of the West 1 i ne of Waterman Avenue; thence East a 1 on9 the South 1 i ne of
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3 I said Lot 7 to the Southeast corner of said Lot 7; thence North along the East
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I line of said Lot 7 to the Northeast corner of said Lot 7; thence West along
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I the North line of said Lot 7 to a point 600 feet West of the West line of
6 I Waterman Avenue; thence South and parallel with the West line of Waterman
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Avenue to the point of beginning.
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9 PARCEL NO.7:
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11 That portion of Lot 6, Block 4, of the Rancho San Bernardino, in the City of
12 San Bernardino, County of San Bernardino, State of California, as per plat
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I recorded in Book 7 of Maps, page 2, records of said County, described as
14 follows:
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16 Beginning at the Southwest corner of said Lot 6; thence East along the South
17 line of said Lot 6 to a point 400 feet West of the West line of Waterman
18 Avenue; thence North and parallel with the West line of Waterman Avenue to the
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Southerly right of way line of the Pacific Electric Railway Company. as
20 conveyed to said Railroad Co., by Deed recorded February 4. 1889, in Book 92,
21 page 152, of Deeds; thence Northwesterly along the Southerly right of way line
22 of the Pacific Electric Railway Company to the North line of said Lot 6;
23 thence West along the North line of said Lot 6 to the Northwest corner of said
24 Lot 6; thence South along the West line of said Lot 6 to the point of
25 beginning.
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COURT PAPER
STATE 0' CAL.IP'O"NIA
STD. 113 (REV. 8.72)
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COURT PAPER
STATE 0' CALIP'OPtNIA
STD. 113 (REV. e.721
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1 PARCEL NO.8:
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3 That portion of Lot 6, Block 4, of the Rancho San Bernardino, in the City of
4 San Bernardino, County of San Bernardino, State of California, as per plat
5 recorded in Book 7 of Maps, page 2, records of said County, described as
6 follows:
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8 Beginning at a point on the South line of said Lot 6, which point is 350 feet
9 West of the West line of Waterman Avenue; thence North and parallel with the
10 West line of Waterman Avenue, 391.33 feet; thence West and parallel with the
11 South line of said Lot 6, 50 feet; thence South and parallel with the West
12 line of Waterman Avenue, 391.33 feet to the South line of said Lot 6; thence
13 I East along the South line of said Lot 6, 50 feet to the point of beginning.
14
15 PARCEL NO.9:
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17 All that portion of Lot 5, Block 4, Rancho San Bernardino, in the City of
18 San Bernardino, County of San Bernardino, State of California, as per plat
19 recorded in Book 7 of Maps, page 2, records of said County, described as
20 foll ows:
21
22 Beginning at a point on the Northerly line of said Block 4, a distance of
23 400 feet Westerly from the Northeast corner thereof, said Northeast corner
24 being also on the intersection of the Westerly line of Waterman Avenue and the
25 Southerly line of Seventh Street, as shown on the Map of said Tract; thence
26 along the Southerly line of said Seventh Street, North 890 29' 47" West
27 58.56 feet; thence South 00 18' 40" West 633.77 feet; thence
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1 !, South 800 45' 40" East 58.68 feet to a poi nt whi ch 1 i es
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2 ii North 890 45' 40" West, a di stance of 400 feet from the Easterly 1 i ne of
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311 said Block 4; thence North 00 17' 59" East 633.50 feet to the point of
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891 All that portion of Lot 4, Block 4, Rancho San Bernardino, in the City of
San Bernardino, County of San Bernardino, State of California, as per plat
10 recorded in Book 7 of Maps, page 2, records of said County, lying North of the
11 Pacific Electric Railway Company right of way, as conveyed to said Railroad
12 Co., by Deed recorded February 4, 1889, in Book 92, page 152, of Deeds.
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14 PARCEL NO. 11:
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16 That portion of Lot 4, Block 4, of the Rancho San Bernardino, in the City of
17 San Bernardino, County of San Bernardino, State of California, as per plat
18 recorded in Book 7 of Maps, page 2, records of said County, described as
19 I follows:
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21 Beginning at the Southeast corner of said Lot 4; thence North along the East
22 1 i ne of sai d Lot 4 to the Southerly ri ght of way 1 i ne of the Paci fi c El ectri c
23 Railway Company, as conveyed to said Railway Co., by Deed recorded February 4,
24 1889, in Book 92, page 152, of Deeds; thence Northwesterly along the Southerly
25 right of way line of the Pacific Electric Railway Company, 218.37 feet to a
26 point 600 feet West of the West line of Waterman Avenue; thence South and
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COURT PAPER
STATE Olf CAl.IFORNIA
STD. 113 (REV. 8.72)
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l!i pa ra 11 e 1 wi th the West 1 i ne of Wa terman Avenue to the South 1 i ne of sa i d
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Lot 4; thence East along the South line of said Lot 4 to the point of
beginning.
PARCEL NO. 12:
That portion of Lot 4, Block 4, of the 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, described as
foll ows:
13
Beginning at a point on the South line of said Lot 4, which is 600 feet West
of the West line of Waterman Avenue; thence North and parallel with the West
line of Waterman Avenue to the Southerly right of way line of the Pacific
151 Electric Railway Company, as conveyed to said Railroad Co., by Deed recorded
16 February 4, 1889, in Book 92, page 152, of Deeds; thence Northwesterly along
17 said Southerly right of way line 54.37 feet to a point 650 feet West of the
18 West line of Waterman Avenue; thence South and parallel with the West line of
19 Waterman Avenue to the South line of said Lot 4; thence East along the South
20 line of said Lot 4, 50 feet to the point of beginning.
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22 PARCEL NO. 13:
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COURT PAPER
STATE 0" CAL,lrORNtA.
STD. 113 (REV. 8.72)
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24 All that portion of Lot 4, Block 4, of the Rancho San Bernardino, in the City
25 of San Bernardino, County of San Bernardino, State of California, as per plat
26 recorded in Book 7 of Maps, page 2, records of said County, described as
27 follows:
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1 Beginning at the Southwest corner of said Lot 4; thence East along the South
2 line of said Lot 4 to a point 650 feet West of the West line of Waterman
3 Avenue; thence North and parallel with the West line of said Waterman Avenue
4 to the Southerly right of way line of the Pacific Electric Railway Company, as
5 conveyed to said Railroad Co., by Deed recorded February 4, 1889, in Book 92,
6 page 152 of Deeds; thence Northwesterly along said Southerly right of way line
7 to its intersection with the West line of said Lot 4; thence South along the
8 West line of said Lot to the point of beginning.
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10 PARCEL NO. 14:
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12 All that portion of the East 1/2 of Lot 3, Block 4, Rancho San Bernardino, in
13 I the City of San Bernardino, County of San Bernardino, State of California, as
14 I per plat recorded in Book 7 of Maps, page 2, records of said County, lying
15 Southerly of the Southerly right of way line of the Pacific Electric Railway
16 Company right of way as described in Book 92, page 152 of Deeds, records of
17 sai d County.
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19 PARCEL NO. 15:
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21 All that portion of the East 1/2 of Lot 3, Block 4, Rancho San Bernardino, in
22 the City of San Bernardino, County of San Bernardino, State of California, as
23 per plat recorded in Book 7 of Maps, page 2, records of said County, lying
24 Northerly of the Pacific Electric Railway Company right of way, as described
25 in Book 92, page 152 of Deeds, records of said County.
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COURT PAPER
STATE OF CAL.t,ORNIA
STD. 113 lRltV. 8.721 '
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PARCEL NO. 16:
Portion of Lot 3, in Block 4 of 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, in the office of the County Recorder of
said County, described as follows:
COMMENCING at the Northeast corner of the West 1/2 of said Lot 3; thence West
48 feet 10 inches; thence South 300 feet; thence East 48 feet 10 inches;
thence North 300 feet to the point of beginning.
9
11
12 EXCEPTING THEREFROM any portion thereof lying within the right of way of the
13 I Pacific Electric Railway Company.
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15 PARCEL NO. 17:
16
17 All that portion of Lot 3, Block 4, Rancho San Bernardino, in the City of
18 San Bernardino, County of San Bernardino, State of California, as per plat
191 recorded in Book 7 of Maps, page 2, in the office of the County Recorder of
201 said County, described as follows:
21
22 Beginning at the Northwest corner of that certain piece of land described in
23 deed from San Bernardino Arrowhead and Waterman Railroad Company to
24 M. B. Garner recorded February 26, 1889, in Book 90, page 390, of Deeds in the
25 office of said Recorder; thence Westerly along the Westerly prolongation of
26 the Northerly line of above-described land 75 feet to a point of intersection
27 with a line parallel to and distant Westerly 75 feet, measured at right
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angles, from the Westerly line of above-described land; thence Southerly along
said parallel line to a point that intersects the Northeasterly line of that
certain piece of land described in the deed from the Pacific Electric Railway
Company to Dennet Withington, recorded June 19, 1944, in Book 1683, page 426
of Official Records in the office of said Recorder; thence Southeasterly along
the Northeasterly line of above-mentioned land to a point that intersects the
Westerly prolongation of the Southerly line of first mentioned land; thence
Easterly along last said prolongation to a point that intersects the
Northeasterly line of the property described as being excepted in first
mentioned deed; thence ~orthwesterly along last said line to a point in the
Westerly line of first mentioned deed; thence Northerly along last said
Westerly line to the Point of Beginning.
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5
6
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EXCEPTING THEREFROM that portion of said property lying below a depth of
500 feet measured vertically from the contour of the surface thereof;
provided, however, that Grantor, its successors and assigns, shall not have
the right for any purpose whatsoever to enter upon, into, or through the
surface of the property granted herein or any part thereof lying between said
surface and 500 feet below said surface, as reserved in deed from Southern
Pacific Transportation Company to City of San Bernardino recorded January 2,
16
17
18,
191
20
21
1975 in Book 8586, page 630.
22
23 PARCEL NO. 18:
24
25
That portion of Lot 3, Block 4, Rancho San Bernardino, in the City of
San Bernardino, County of San Bernardino, State of California, as recorded in
Book 7 of Maps, page 2, records of said County, described as follows:
26
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1 II Begi nni ng
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at a point in said Lot 3, said point being more particularly
as the Northeast corner of the property conveyed to Agnes Lindner by
3 deed dated May 10, 1888 and recorded May 12, 1888 in Book 76, page 102 of
: I Deeds in the office of the County Recorder; thence running South 60 feet;
thence running Northwest 85 feet to the North boundary line of said land;
6
thence East 65 feet to the point of begi~ning.
7
8
PARCEL NO. 19:
9
10 A portion of Lots I, 2 and 3, Block 4 of the Five Acre Survey of Rancho
11 San Bernardino, in the County of San Bernardino, State of California, as per
12
plat recorded in Book 7 of Maps, page 2, records of said County, more
131 particularly described as follows:
14
15 Beginning at the Northwest corner of that certain real property described in
16
the deed from H. C. Rolfe to the San Bernardino, Arrowhead, and Waterman
17 Railroad Company, recorded in Book 68, page 354 of Deeds, said Northwest
18 corner being at the intersection of the Easterly line of Sierra Way (82.5 feet
19 I wide) and the Southerly line of Seventh Street (82.5 feet wide); thence South
20 along said Easterly line of Sierra Way, 300 feet to the Southwest corner of
21
said real property; thence East along the Southerly line of said real
22
property, 28.6 feet to the true point of beginning, whence the center of a
23 curve bears South 670 30' 27" East, 382.5 feet; thence from said true point
24
of beginning Easterly along the arc of said curve, 599.88 feet; thence along a
tangent line South 670 39" East, 29.16 feet to the beginning of a tangent
curve concave to the Southwest and having a radius of 556 feet; thence
Southeasterly along the arc of last mentioned curve, 282.23 feet; thence on a
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tangent line South 380 34' East, 36.75 feet to a point in the Southerly line
of said real property; thence West along said Southerly line, 772.03 feet to
the true point of beginning.
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4
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PARCEL NO. 20:
6
7
The West 22 feet of Lot 6, Block 3, RANCHO SAN BERNARDINO, in the County of
San Bernardino, State of California, as per plat recorded in Book 7 of Maps,
page 2, records of said County.
8
9
10
11
EXCEPTING THEREFROM those portions of Lots 4, 5, 6 and 7, Block 3, RANCHO
SAN BERNARDINO as per plat thereof recorded in Book 7 of Maps, page 2, records
12
13 of said County, as conveyed to the City of San Bernardino by deeds recorded
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14 I November 20, 1950, Document No. 4 in Book 2674, page 190 Official Records of
15
said County and by deed recorded November 30, 1953, Document No. 382 in
16
Book 3285, page 306 Official Records of said County lying within the following
described property.
17
18
19
BEGINNING at a point in the North line of said Lot 4, said point being
455 feet West from the Northeast corner of said Lot 5; thence
South 000 18' 27" West and parallel with the West line of said Lot 5, a
distance of 200.18 feet; thence North 890 32' 46" West and parallel with
said North line of Lot 4, a distance of 114.58 feet to a one-inch iron tagged
R.C.E. 19452; thence South 140 23' 20" East, a distance of 452.11 feet to a
one-i nch iron pi pe tagged L. S. 2722; thence South 890 40' 11" East, a
distance of 455.02 feet from the Northeast corner of said Lot 5; thence North
000 15' 40" East, a distance of 639.86 feet to said Northeast corner of
20
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1 ii Lot 5; thence North 890 32' 46" West, a di stance of 455 feet to the poi nt of
2 ii begi nni ng.
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4 II PARCEL NO. 21:
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6 Lot 7, Block 3, RANCHO SAN BERNARDINO, in. the County of San Bernardino, State
7 H of Cali~ornia. as per plat recorded in Book 7 of Maps, page 2, records of said
,
8 County.
9
10 EXCEPTING THEREFROM the North 175 feet of the West 90 feet of said Lot 7,
11 Block 3.
12
13 I ALSO EXCEPTING THEREFROM those portions of Lots 4, 5, 6 and 7, Block 3, RANCHO
14 SAN BERNARDINO as per plat thereof recorded in Book 7 of Maps, page 2, records
15 of said County, as conveyed to the City of San Bernardino by deeds recorded
16 November 20, 1950, Document No.4 in Book 2674, page 190 Official Records of
17 said County and by deed recorded November 30, 1953, Document No. 382 in
18 Book 3285, page 306 Official Records of said County lying within the following
191
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described property.
BEGINNING at a point in the North line of said Lot 4, said point being
455 feet West from the Northeast corner of said Lot 5; thence
South 000 18' 27" West and parallel with the West line of said Lot 5, a
distance of 200.18 feet; thence North 890 32' 46" West and parallel with
22
23
24
25 said North line of Lot 4, a distance of 114.58 feet to a one-inch iron tagged
26 R.C.E. 19452; thence South 140 23' 20" East, a distance of 452.11 feet to a
27 one-inch iron pipe tagged L.S. 2722; thence South 890 40' 11" East, a
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1 II distance of 455:02 feet from the Northeast corner of said Lot 5; thence North
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211000 15' 40" East, a distance of 639.86 feet to said Northeast corner of
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311 Lot 5; thence North 890 32 I 46" West, a di stance of 455 feet to the poi nt of
4 beginning.
5
6 PARCEL NO. 22:
7
8 All that portion of Lot 4, in Block 3, Rancho San Bernardino, in the County of
9 San Bernardino, State of California, as per plat recorded in Book 7 of Maps,
page 2, records of said County, described as follows:
BEGINNING at a point in the North line of said Lot 4; said North line being
the South line of Ninth Street, 136.5 feet East of the Northwest corner of
said Lot 4; thence East along the South line of Ninth Street 72.15 feet to a
point 167.19 feet West of Northeast corner of said Lot 4; thence Southeasterly
661.30 feet to the Southeast corner of said Lot 4; thence West along the South
line of said Lot 4, 239.72 feet to a point 136.5 feet East of the Southwest
corner of said Lot 4; thence North 638.52 feet to the point of beginning.
EXCEPTING THEREFROM the North 485 feet measured at right angles to the West
line of the aforementioned parcel.
ALSO EXCEPTING THEREFROM any portion lying within the West 2 acres of said
Lot 4.
ALSO EXCEPTING THEREFROM those portions of Lots 4, 5, 6 and 7, Block 3, RANCHO
SAN BERNARDINO as per plat thereof recorded in Book 7 of Maps, page 2, records
16
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1 Ii of sai d County, as conveyed to the City of San Bernardi no by deeds recorded
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2 II November 20, 1950, Document No.4 in Book 2674, page 190 Official Records of
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3 I said County and by deed recorded November 30, 1953, Document No. 382 in
41, Book 3285, page 306 Official Records of said County lying within the following
5 I described property. '
61
7 BEGINNING at a point in the North line of said Lot 4, said point being
8 ' 455 feet West from the Northeast corner of said Lot 5; thence
9 South 000 18' 27" West and parallel with the West line of said Lot 5, a
10 distance of 200.18 feet; thence North 890 32' 46" West and parallel with
11 said North line of Lot 4, a distance of 114.58 feet to a one-inch iron tagged
12 R.C.E. 19452; thence South 140 23' 20" East, a distance of 452.11 feet to a
13 one-inch iron pipe tagged L.S. 2722; thence South 890 40' 11" East, a
14 distance of 455.02 feet from the Northeast corner of said Lot 5; thence North
15 000 15' 40" East, a distance of 639.86 feet to said Northeast corner of
16 Lot 5; thence North 890 32' 46" West, a distance of 455 feet to the point of
17 beginning.
18
19 ALSO EXCEPTING THEREFROM all oil, gas, hydrocarbons, or other minerals in and
20 under the above described parcels 1 - 22 inclusive without the right of
21 surface entry for development thereof, and without the right of prospecting or
22 extracting said minerals in such a manner that will disturb the surface of
23 such property or any improvements placed in or upon the property in pursuit of
24 its use for recreation.
25
26 Reserving to the City of San Bernardino all right, title, and interest in and
27 to all water and water rights, whether surface or subsurface, or any other
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111 kind including all appurtenant water and water rights, and all water rights
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211 incident to parcels 1 - 22 inclusive herein described, or used thereon or in
3 connection therewith, and all other appurtenant rights and easements
4 pertaining to said real property.
5
6 Also reserving to the City of San Bernardino an easement for, and the right to
7 construct, maintain, operate, and use pipelines and appurtenant structures, in
I
8 and across that portion of the following described land:
9
10
The North 1/2 of Lots 1, 2 and 3, Block 4 of the Five Acre Survey of Rancho
San Bernardino, in the County of San Bernardino, State of California, as per
plat recorded in Book 7 of Maps, page 2, records of said County.
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14
15
Also reserving to the City of San Bernardino an easement for, and the right to
construct, maintain, operate, and use pipe lines and appurtenant structures,
in and across Lot 7 in Block 3 of Rancho San Bernardino, State of California,
as per plat recorded in Book 7 of Maps, page 2, in the office of the County
Recorder of said County.
16
17
18
19
20 Grantor, and Grantee, for themselves and for their respective
21 successors and assigns, of their respective interests herein referred to,
22 agree that the easements herein reserved for pipelines and appurtenant
23 structures and the rights therein, shall be subject to the following covenants
24 and conditions with respect thereto:
25
26 1. Grantor agrees that Grantee has the right to the use of the
27, property, upon which said easements are located, in any manner provided such
18
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1 Ii use does not, in fact, unreasonably interfere with the use of said easements
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4 2. Grantor agrees that the Grantee has the right to require Grantor at
5 I the expense of Grantee to remove and relocate all improvements placed by
6 Grantor within said easements or any portion thereof upon aetermination by
7 Grantee that said improvements interfere with the future development of
8 Grantee's property. Grantor agrees that within 180 days after written notice
9 from Grantee of such determination by Grantee and demand for removal and
10 relocation of said improvements Grantor shall remove and relocate said
11 improvements to a feasible location on the property of Grantee and Grantee
12 shall furnish Grantor with a good and sufficient similar easement for said
13 I improvements in such new location and Grantor thereupon shall convey to
14 I Grantee the easement herein reserved or that portion thereof so relocated.
15
16
3.
In the event of the termination of said easements or any portion
17 thereof, Grantor shall, at Grantor's own expense, when requested in writing to
18 do so by Grantee, remove all property and equipment placed by or for Grantor
191
201
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upon said premises and restore said premises as nearly as possible to the same
state and condition they were in prior to the entry of Grantor upon said
premises but, if Grantor shall fail to do so within 60 days after the
aforesaid request is given, Grantee may do so all at the cost and expense of
22
23 Grantor to be paid by Grantor upon demand.
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4. Upon termination of said easements or any portion thereof, Grantor
shall execute and deliver to Grantee within 30 days a good and sufficient
quitclaim deed for said easements or such lesser portion terminated.
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1 Ii 5. Grantor in the exerc i se of the ri ghts herei n reserved to Grantor
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2 ji shall at times comply with all applicable laws and lawful regulations
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3 I! including such rules and regulations for the State Park System now in effect
4 il or hereinafter adopted.
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6 I 6. Grantor hereby waives all claims and recourse against the Grantee
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7! including the right to contribution for loss or damage to persons or property
!
8 arising from, growing out of, or in any way connected with or incident to the
9 exercise of the easement herein reserved except claims arising from the
10 concurrent or sole negligence of Grantee, its officers, agents, and employees.
111
12 I Grantor shall, to the extent it may legally do so and subject to
13 availability of funds, indemnify, hold harmless, and defend Grantee, its
14 officers, agents, and employees against any and all claims, demands, damages,
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151 costs, expenses, or liability costs arising out of the acquisition,
16 development, construction, operation, or maintenance of the easement reserved
17 herein which claims, demands, or causes of action arise under Government Code
18 Section 895.2 or otherwise except for liability arising out of the concurrent
19 or sole negligence of Grantee, its officers, agents, or employees.
20
21
In the event Grantee is named as co-defendant under the provisions
22 of the Government Code Sections 895, et seq., the Grantor shall notify Grantee
23 of such fact and shall represent Grantee in such legal action unless Grantee
24 undertakes to represent itself as co-defendant in such legal action in which
25: event Grantee shall bear its own litigation costs, expenses, and attorney's
26 fees.
27
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In the event judgment is entered against Grantee and Grantor because
of the concurrent negl i gence of Grantee and Grantor " thei r offi cers, agents,
or employees, an apportionment of liability to pay such judgment shall be made
4 by a court of competent jurisdiction. Neither party shall require a jury
5
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apportionment.
7. In respect to said easements for pipelines, Grantor further reserves
the right of reasonable ingress to and egress from said easements, provided,
however, that existing roads and trails shall be utilized for such purpose
whenever reasonably possible and further provided that if such road or trail
is not available Grantor shall secure the consent of the Grantee as to the
11
route or routes to be followed for the purpose of such ingress and egress.
Such rights of ingress and egress shall at all times be exercised in a manner
which will cause the least damage to the property of the Grantee.
16
In reference to said reserved easements for pipelines purposes, upon
8.
17 completion of any work to be performed by Grantor on said reserved easements,
18 Grantor shall restore the surface of the easements to a condition satisfactory
19 to the Grantee.
20
21
In reference to said reserved easements for pipelines, no structure
9.
22 or facility, appurtenant to or used in connection with said easement, shall be
23 placed above ground unless Grantor has obtained the prior written approval of
24 Grantee of the plans and specifications therefore in each instance.
25
26 10. Anything herein to the contrary notwithstanding the exercise of any
27 of the rights reserved by the Grantor will not damage or disturb any
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improvements made to the property by the Grantee pursuant to a plan approved
by the City of San Bernardino.
This grant is made upon the following conditions subsequent:
6
That the property shall be used only for State Park System purposes
and purposes consistent with State Park System purposes.
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Upon substantial breach of the conditions subsequent, Grantor shall
10 have the right to re-enter the property. Upon re-entry, title to the property
11 shall revert to and revest in Grantor. The failure of the Grantor in anyone
12 or more instance to exercise the right of re-entry on occurrence of such
13 breach shall not be deemed a waiver of the condition, except that no cause of
damages by Grantor against Grantee shall arise by reason of such
22