HomeMy WebLinkAbout65-Planning & Building
c1tv OF SAN BERNARr&O - REQUIT FOR COUNCIL AC.N
Larry E. Reed, Director of
~om: Planning and Building
ept: Planning
Date: December 13, 1989
Subject:
Appeal of certain Conditions of
Approval for Parcel Map No. 11421
~1ayor and Council Agenda of
December 18, 1989, 2:00 p.m.
Synopsis of Previous Council action:
6/2/89 Planning Commission approved Parcel Map No. 11421, subject to condi-
tions and standard requirements. Vote: 5 - O.
7/17/89 - Mayor and Council, at applicant's request, continued appeal hearing
to August 21, 1989.
8/21/89 - Mayor and Council, at applicant's request, continued appeal hearing
to October 2, 1989.
10/2/89 - Mayor and Council, at applicant's request, continued appeal hearing
to November 20, 1989.
11/7/89 - Planning Commission reviewed and recommended approval of the proposed
Development Agreement. Vote: unanimous.
11/20/89 - Mayor and Council directed City Attorney to prepare an ordinance
for subsequent approval and adoption by Council.
Recommended motion:
_hat first reading of the ordinance be waived and that said ordinance be laid
ver for final passage.
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.~ e~i~u2''0.
Phone:
384-5057
Contact person:
Larry E. Reed
Ward:
3
Supporting data attached:
Staff Report
FUNDING REOUIREMENTS:
Amount:
None
Source: IAcct. No.)
(Acct. DescriPtion)
Finance:
.ounci! Notes:
Agenda Item NO.~ S
75-0262
c4tv OF SAN BERNARrAiO - REQUAT FOR COUNCIL AC.N
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STAFF REPORT
Subject: Appeal of certain Conditions of Approval for Parcel
Map No. 11421
Mayor and Council Meeting of December 18, 1989
REOUEST
The applicant, Guadalupe Homes, originally appealed thirty-
six conditions of approval imposed by the Planning Commission
in its approval of Parcel Map No. 11421 on June 2, 1989. The
applicant has now agreed to comply with all of the original
conditions. However, for four of the conditions the appli-
cant is requesting a timing deferral until further develop-
ment occurs at the site. The form of guarantee proposed for
compliance with those four deferred conditions is a Develop-
ment Agreement and Deed of Trust. The applicant is, there-
fore, requesting approval of the attached Development Agree-
ment.
BACKGROUND
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Parcel Map No. 11421 is a request to create two parcels from
a 3.64 acre site located at the southwest corner of Sierra
Way and Cluster Street.
On November 2, 1965, Conditional Development Permit No. 349
was approved to convert a home to a residential care
facility. The adjacent mobile home park was approved by the
Planning Commission under Conditional Development Permit No.
119 on October 14, 1957.
The parcel map is consistent with the General Plan adopted
June 2, 1989, in that the two lots being created are of
buildable size, there is no minimum lot size in the CH, Heavy
commercial, land use designation, and both lots abut upon a
dedicated street. At the April 27, 1989 Environmental Review
committee meeting a Negative Declaration was recommended
after review of the Initial Study. The study was made
available for public review and comment. No comments were
received.
On June 6, 1989, the Planning commission approved Parcel Map
No. 11421, subject to the standard conditions and require-
ments for parcel maps and tentative tract maps. The
applicant subsequently appealed 36 conditions of approval.
Discussions with the applicant and staff have taken place
concerning the conditions of approval and their cost and
appropriateness. The appeal was continued by Council, at the
applicant's request, on July 17, August 21 and October 2,
1989, while these discussions were occurring.
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The applicant has agreed to comply with the original
conditions of approval. However, for four of the conditions
of approval, the applicant is proposing to defer their
implementation until further development of the site is
75-0264
Appeal of
Mayor and
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Conditions for Parcel Map No. 11421
Council Meeting of 12/18/89
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Page 3
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proposed for other than a children's
facility.
residential care
The four conditions proposed for deferral are:
Standard Requirements 49 and 50 concerning dedication
and road improvements of Cluster Street.
Standard Requirement 67 concerning undergrounding of
utilities.
Condition 4 concerning the planting of street trees
along Cluster Street.
The applicant claims and staff concurs that to comply with
these conditions at this time would interfere with the
operation of Guadalupe Homes' child care facility in that the
right-of-way would be too close to the home and would disturb
existing mature landscaping that currently provides aesthetic
screening.
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The applicant has negotiated with staff and the City
Attorney's office a proposed Development Agreement which
guarantees that, at the time of site plan approval for any
other development, compliance with the aforementioned
conditions would be implemented. Upon approval of the
Development Agreement, Guadalupe Homes will execute and cause
to be recorded a deed of trust securing Guadalupe Homes'
performance of these obligations.
On November 7, 1989, the Planning Commission reapproved
Parcel Map No. 11421, subject to the original standard
requirements and conditions of approval; recommended approval
of the proposed Development Agreement to the city Council;
and found that the proposed Development Agreement is
consistent with the city's General Plan.
RECOMMENDED COUNCIL MOTION
That first reading of the ordinance be waived and that said
ordinance be laid over for final passage.
Prepared by:
John Montgomery, AICP, Principal Planner
for Larry E. Reed, Director of Planning and
Building and Safety
Attachments:
A - Proposed Development Agreement
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M&CCAGENDA:PM1l42l
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING A
DEVELOPMENT AGREEMENT BETWEEN GUADALUPE HOMES AND THE CITY OF SAN
BERNARDINO.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
A. WHEREAS, Guadalupe Homes, 1470 Cooley Drive, Colton,
California, owns an option to purchase .63 acres of land in the
City of San Bernardino (hereinafter "the Property:); and
B. WHEREAS, Guadalupe Homes has requested approval of a
certain development agreement attached as Exhibit "1" to this
ordinance; and
C. WHEREAS, the development agreement implements the City
of San Bernardino Municipal Code and the conditions imposed on
Parcel Map 11421 relative to the continued use of the Property as
a children's home and its ultimate use for purposes other than a
children's home; and
D. WHEREAS, on November 7, 1989 the Planning Commission
held a public hearing and heard testimony on this matter and
recommended approval of the development agreement; and
E. WHEREAS, on November 20 and December 18, 1989, the
Mayor and Common Council held a public hearing and heard
testimony on this matter; and
F. WHEREAS, the Mayor and Common Council are authorized
under California Government Code Section 65864 through 65869.5
(the "Development Agreement Statute") to adopt development
agreements by ordinance based on certain facts and findings;
SECTION 2. NOW, THEREFORE, BE IT ORDAINED by the Mayor and
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Common Council of the City of San Bernardino as follows:
A. The Mayor and Common Council HEREBY FINDS that the
development agreement is consistent with the City of San
Bernardino General Plan for the fOllowing reasons:
(1) Guadalupe Homes' use of the property as a
children's home furthers important City goals of providing social
services, housing, and education to abused children;
(2) The development agreement allows Guadalupe Homes
to continue operating its children's home without currently
undertaking street widening and other improvements that might
bring traffic too close to the home and without destroying
existing landscaping, until such time as the property is no
longer used as a children's home;
(3) The development agreement assures that
landscaping and public facilities not installed prior to map
recordation shall be installed at such time as the property is no
longer used as a children's home, regardless of the City
approvals necessary to change such use;
(4) The development agreement furthers planned,
cohesive development of the City, including the provision of
adequate public facilities as development occurs.
B. The Mayor and Common Council of the City of San
Bernardino HEREBY APPROVES the development agreement between
Guadalupe Homes and the City of San Bernardino attached to this
Ordinance as Exhibit "1", and incorporated herein by reference.
SECTION 3.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute, on behalf of said
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING A
DEVELOPMENT AGREEMENT BETWEEN GUADALUPE HOMES AND THE CITY OF SAN
BERNARDINO.
City, the Development Agreement attached as Exhibit -1- between
Guadalupe Homes and the City of San Bernardino.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the
day of , 1989, by the following vote, to wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1989.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into this ____ day of ,
19 , by and between the City of San Bernardino ("City"), a
municipal corporation, and Guadalupe Homes (the "Owner").
For purposes of this Agreement, "Guadalupe Homes" and
"Owner" shall mean Guadalupe Homes and its successor(s) in
interest.
RECITALS
A. Government Code Sections 65864 through 65869.5 (the
"Development Agreement Statute") authorize the City to enter
into binding development agreements with persons having
legal or equitable interests in real property in the City
for the development of such property, all for the purpose of
strengthening the public planning process, encouraging
private participation in comprehensive planning, reducing
the economic costs of such development, and providing public
facilities in connection with new development.
B. In accordance with the Development Agreement
Statute, the City has undertaken the necessary proceedings,
including hearings before the Planning Commission and the
Common Council and has determined that this Development
Agreement is consistent with the City's General Plan.
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C. Guadalupe Homes owns an option to purchase .63
acres of an approximately 3.64 acre parcel of land Zoned C-H
(Commercial Heavy) more particularly described in Exhibit
"A" hereto (hereinafter, "the property"). In order for
Guadalupe Homes to exercise its option to purchase .63 acres
of the property, the current owner of the property wishes to
subdivide the property into two parcels, as indicated in the
parcel map attached hereto as Exhibit "B", and the City
wishes to allow the subdivision to occur, provided that
adequate public facilities are provided for the property as
the property develops. In order to further these goals, the
City has approved Tentative Parcel Map 11421 providing for
subdivision of the property subject to six standard
requirements and to conditions of approval.
Guadalupe Homes currently operates a home for
abused children on the parcel designated "Parcel 2" in
Exhibit "B" hereto. For the foreseeable future, Guadalupe
Homes intends to continue its current use of the property
(the "current use").
The Owner's current use of the property furthers
important City goals of providing social services, housing,
and education to abused children. Nevertheless, the City
wishes to ensure that when the property is developed for
purposes other than its current use, certain landscaping
improvements and public facilities shall be provided in
connection with such development.
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D. The City enters into this Agreement pursuant to the
provisions of California Government Code Sections 65864
through 65869.5, the San Bernardino Municipal Code, and
applicable City policies. The parties acknowledge:
(1) This Agreement is intended to further planned,
cohesive development in the City, including the provision of
adequate public facilities as development occurs.
(2) This Agreement is intended to further develop-
ment in accordance with the City's General Plan.
(3) This Agreement is intended to provide
certainty in the development approval process by allowing
the owner to subdivide the property, to carryon their
current uses on the property, and to assure that as the
property develops, the owner or its successors in interest
will provide necessary public facilities.
(4) This Agreement, along with existing regula-
tions, will require the Owner to provide certain public
facilities and public and private improvements as conditions
of various approvals through the regulatory process.
(5) This Agreement will allow the City to realize
educational and social benefits in addition to those that
would be available through the existing regulatory process
if the Owner's subdivision was not undertaken pursuant to
this Agreement.
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AGREEMENT
NOW, THEREFORE, in consideration of the above Recitals
and of the mutual covenants hereafter contained, and for the
purposes stated above, the City and the Owner hereby agree
as follows:
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1. Effective Date of Agreement. This Agreement shall
become effective on the effective date of the Ordinance of
the City Council approving this agreement pursuant to the
Development Agreement Statute.
2. Term. The term of this Development Agreement shall
commence on the effective date of this Agreement and shall
extend until the date that the Owner fulfills its obliga-
tions listed in Section 5 hereto, unless the Agreement is
cancelled or modified as set forth herein. Following the
end of said term, this Agreement shall be of no further
force and effect.
The parties may extend the term of this Agreement
by adopting an amendment hereto by mutual consent and by the
City's approval of the amendment pursuant to the City's
procedures for approval of development agreements.
3. Owner's Interest. The Owner represents that it has
legal interests in the property and that all other persons
holding legal interests in the property are bound by this
Agreement. All of the property is subject to the terms of
this Agreement.
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4. City Action Approving PM 11421. On June 6, 1989,
the Planning Commission approved Tentative Parcel Map 11421
subject to various standard requirements and conditions of
approval (hereinafter, the "requirements and conditions").
The list of those conditions and requirements is attached
hereto as Exhibit "C". The requirements and conditions were
designed to ensure a comprehensive plan for development of
the property. Guadalupe Homes appealed the imposition of
several of the requirements and conditions, alleging that
performance of several requirements and conditions was
unnecessary until such time as the property was developed
for uses other than its current uses.
In meetings following the Planning Commission
action, it was discovered that satisfaction of all the
requirements and conditions at the time of filing of the
parcel map would interfere with the operation of Guadalupe
Homes I children I s home as follows.:
a. Dedication and improvement of Cluster Street
(Requirements Nos. 49-50) would bring the street right-of-
way within too short a distance from the children's home and
would disturb existing mature landscaping.
b. Undergrounding utilities on Cluster Street
(Requirement No. 47) would disturb existing mature
landscaping.
c. Planting street trees on Cluster Street and
berming the Cluster Street front setback (Condition No.4)
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would disturb existing mature landscaping. Parcel 2 lacked
sufficient space for these improvements in addition to
street improvements.
In meetings subsequent to the Planning Commission
action, it was also discovered that two landscaping
requirements concerned parcels not related to Guadalupe
Homes' application and could be deleted from the list of
standard conditions and reimposed as a condition of
subsequent approvals.
This Agreement is to ensure that the above-
referenced requirements and conditions are performed at such
time as development for purposes other than the current uses
occurs on the property.
5. The Owner's Obligations. In consideration of the
City's entering into this Agreement, the Owner agrees that:
Guadalupe Homes or its successor in interest shall
at the time of plot plan approval for any commercial heavy
development on Parcell:
(1) Plant street trees on Cluster Street -
Crepe Myrtle 'Lavender' (35' ole 24" Box) (Condition No.4);
(2) Berm remaining front setback (12" HIP)
(Condition No.4);
(3) Onderground utility services on Cluster
Street frontage and record easements as required (Require-
ment No. 47);
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(4) Dedicate and improve Cluster Street
right-of-way 20 feet from the existing centerline, including
combination curb and gutter, paving, handicap ramps, street
lights, sidewalks and appurtenances, including, but not
limited to, traffic signals, traffic signal modification,
relocation of public or private facilities which interfere
with new construction, stripping, signing, pavement marking
and markers, and street name signing. All design and
construction shall be accomplished in accordance with the
City of San Bernardino "Street Improvement Policy" and City
"Standard Drawings," unless otherwise approved by the City
Engineer. Street lighting, when required, shall be designed
and constructed in accordance with the City's "Street
Lighting policies and Procedures." Street lighting shall be
shown on street improvement plans except where otherwise
approved by the City Engineer (Requirements Nos. 49-50).
Guadalupe Homes shall, record prior to final
approval of PU 11421, execute and cause to be recorded a
deed of trust securing Guadalupe Homes' performance of these
obligations. Guadalupe Homes shall not sell or otherwise
transfer Parcel 2 unless concurrently with sale or other
transfer:
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(1) The buyer or transferee executes and
causes to be recorded a substitute deed of trust securing
the performance of the aforementioned obligations; and
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(2) The City executes and causes to be
recorded a full reconveyance of the deed of trust executed
by Guadalupe Homes.
6. Specific Restrictions - Effect of Agreement on
Subsequent Approvals. This Agreement does not limit the
City's ability to impose as conditions of plot plan approval
under San Bernardino Municipal Code Section 18.36.130 or as
conditions of other approvals, such additional reasonable
conditions it might otherwise apply, in addition to the
requirements and conditions imposed on PM 11421 and in
addition to the Owner's obligations set forth in Section 5
hereof (the "Existing Conditions"). However, the deeds of
trust securing the obligations set forth in Section 5 hereof
shall not secure performance of any other requirements or
conditions.
The design and building and construction standards
and specifications for buildings and structures on the
property shall be those standards and guidelines in effect
at the time that the Owner or its successors seek any
development approval for any unit or structure on the
property.
This Agreement does not prevent the City in subse-
quent actions applicable to the property from imposing new
fees or increasing or decreasing existing fees which the
owners may be required to pay as a condition to obtaining
approval of tentative tract maps, final tract maps, condi-
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tional use permits, variances, building permits, certifi-
cates of occupancy, or other approvals related to the
development of the property.
This Agreement does not prevent the City from
adopting and applying new rules, regulations and policies to
the property which are not inconsistent with the Existing
Conditions which do not frustrate the purposes of this
Agreement. Further, this Agreement does not prevent the
City from denying or conditionally approving any subsequent
development project application by the Owner or any other
applicant with respect to property not included within the
area subject to PM 11421 on the basis of either existing or
new rules, regulations and policies.
7. Fees and Charges. The Owner shall pay all
fees and charges of the City which are required as a
condition of the subdivision and development of the property
and the receipt of municipal services, including but not
limited to such fees and charges as may be established from
time to time by the City Council for deferring the cost of
the planning, design, construction, installation and acqui-
sition of municipal facilities which are necessary for the
City to provide municipal services to the property, includ-
ing acquisition of parcels of real property, rights-of-way
and easements where the municipal facilities will be
located.
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Such fees and charges may include, but shall not be
limited to, fees and charges for storm drains and flood
control facilities, major thoroughfares, parks and park and
recreation facilities, water system main lines and storage
reservoirs and treatment plant capacity, sewer system mains
and treatment plant capacity, and traffic signals.
The Owner or its successors shall pay all such fees
and charges when they are due as prescribed by the
applicable provision of the San Bernardino Municipal Code or
the ordinances or resolutions establishing the fees and
charges and in the amounts thereof, as the same may be
modified from time to time by subsequent action of the
Common Council, it being expressly acknowledged by the City
and the Owner that such fees and charges may be increased
periodically to reflect increases in the estimated costs of
the planning, design, construction, installation and acqui-
sition of the necessary municipal facilities, and the
acquisition of the parcels of real property, rights-of-way
and easements where those facilities will be located.
8. City's Obligations. In consideration of the
Owner's entering into this Agreement, City shall do the
following:
a. Give final approval to PM 11421 upon the
Owner's satisfaction of the standard requirements and
conditions except those set forth in Section 5 hereof and
upon recordation of an executed copy of this Agreement and
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deeds of trust securing performance of those requirements
and conditions set forth in Section 5 hereof.
b. Consider the deletion of Condition No. 4.2
(street trees on Sierra Way) and Condition No. 4.7 (street
trees on Mountain View) minor modifications to the require-
ments and conditions.
9. periodic Review of Compliance With Agreement. A
least once each year beginning one year from the date this
Agreement takes effect, the OWner shall write the City a
leter demonstrating to the City's satsifaction the Owner's
good faith compliance with the terms of this Agreement. The
Owner agrees to furnish such additional evidence of good
faith compliance as the City in the reasonable exercise of
its discretion may require.
10. Amendment or Cancellation of Agreement. This
Agreement may be amended or cancelled in whole or in part
only by the written consent of the parties and in the manner
provided for in Government Code Sections 65868, 65867 and
65867.5.
11. Events of Default. The OWner shall be in default
under this Agreement upon the happening of one or more of
the following events ("Events of Default"):
(a) If any warranty, representation or statement
made or furnished by the Owner to the City at or prior to
the date hereof and which is a material consideration to the
City's execution of this Agreement is false or proves to
have been false in any material respect when it was made;
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(b) If, following a per iodic review under the'
procedure provided for in Government Code Section 65865.1, a
finding or determination is made by the City that upon the
basis of substantial evidence the Owner has not complied in
good faith with any of the terms or conditions of this
Agreement.
If any warranty, representation or statement made
or furnished by the Owner to the City at or prior to the
date hereof and which is a material consideration to the
City's execution of this Agreement is false or proves to
have been false in any material respect when it was made.
12. Enforcement. Unless amended or cancelled as
provided in Section 10, this Agreement is enforceable by any
party to it notwithstanding a change in the City's General
Plan or Zoning Ordinance, or the existence of use designa-
tion, subdivision or building regulations and all other
rules and official policies adopted by the City. In the
event the Owner breaches this Agreement, the City shall have
available to it all legal remedies available under
California State Law.
13. Assignment. The rights and interests of the Owner
under this Agreement may be transferred or assigned by the
Owner to a subsequent purchaser or purchasers of the Owner's
property, provided that the Owner gives prior written notice
to the City of such transfer or assignment. Express
assumption of the duties and obligations of the Owner under
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this Agreement by any such assignee or transferee shall
relieve the OWner from said duties and obligations under
this Agreement.
14. Binding Effect of Agreement. The burdens of this
Agreement bind and the benefits of this Agreement inure to
the successors in interest to the parties hereto.
15. Relationship of Parties. It is understood that the
contractual relationship between the City and the Owners
hereunder is such the the Owner are independent contractors
and not agents of the City.
16. Notices. All notices required or provided for
under this Agreement shall be in writing and delivered in
person or sent by certified mail, postage prepaid. Notice
required to be given to the City shall be addressed as
follows:
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418-0001
Attn: City Clerk
Notices required to be given to the Owner shall be
addressed as follows:
Guadalupe Homes
1470 Cooley Drive
Colton, CA 92324
A party may change its address by giving notice in
writing to the other party and thereafter notices shall be
addressed and transmitted to the new address.
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17. Attorneys Fees.
If any action, at law or in
equity, including any action for declaratory relief, is
brought to enforce or interpret the provisions of this
Agreement, the prevailing party shall be entitled to
reasonable attorneys' fees and costs in addition to any
other relief to which it may be entitled.
18.
This Agreement may be executed in
Counterparts.
counterparts, each of which shall be deemed an original, and
which shall be deemed a single agreement.
IN WITNESS WHEREOF, this Agreement has been
executed by the parties on the day and year first above
written.
ATTEST:
CITY OF SAN BERNARDINO
By:
W. R. Holcomb, Mayor
City of San Bernardino
City Clerk
City of San Bernardino
Approved as to form
and legal content:
GUADALUPE HOMES
JAMES F. PENMAN
City Attorney
By:
B~
Title:
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SCS0292B
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EXHIBIT "A"
The property situated in the state of California,
county of San Bernardino, commonly referred to as 111 West
Cluster Avenue, San Bernardino, comprising approximately .63
acres of an approximately 3.64 acre parcel of land which
parcel is to be subdivided as described in Tentative Parcel
Map 11421 as approved by the City of San Bernardino; the .63
acre portion is referred to as "Parcel 2" in Tentative
Parcel Map 11421 and is currently described as being located
in the SE corner (more or less) of Parcel No. 1 of the
following described property:
ALL THAT PORTION OF LOTS 5 AND 6, BLOCK 9,
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 FOLLOWS:
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BEGINNING AT THE INTERSECTION OF THE SOUTH
LINE OF CLUSTER AVENUE 60 FEET WIDE, AND THE
WEST LINE OF SIERRA WAY, 82.5 FEET WIDE;
THENCE SOUTH ALONG THE WEST LINE OF SAID
SIERRA WAY, 511.47 FEET TO THE SOUTHEAST
CORNER OF LOT 23, AS PER PLAT RECORDED IN BOOK
48 OF MAPS, PAGE 37, RECORDS OF SAID COUNTY;
THENCE WEST ALONG THE SOUTH LINE OF SAID LOT
23, AND ALSO THE NORTH LINE OF LOTS 18 AND 19,
TRACT NO. 3857, AS PER PLAT RECORDED IN BOOK
49, PAGE 98, RECORDS OF SAID COUNTY, TO A
POINT ON THE NORTH LINE OF SAID LOT 18, 300
FEET EAST OF THE EAST LINE OF MOUNTAIN VIEW
AVENUE, 60 FEET WIDE; THENCE NORTH, PARALLEL
WITH SAID EAST LINE OF MOUNTAIN VIEW AVENUE,
360.76 FEET, MORE OR LESS, TO THE MOST
SOUTHERLY CORNER OF THAT PARCEL OF LAND
CONVEYED TO THE STATE OF CALIFORNIA BY DEED
RECORDED AUGUST 12, 1953 IN BOOK 3222, PAGE
510, OFFICIAL RECORDS; THENCE NORTHERLY ALONG
THE EASTERLY LINE OF SAID PARCEL CONVEYED TO
THE STATE OF CALIFORNIA, 150.59 FEET TO A
POINT ON THE SOUTH LINE OF CLUSTER AVENUE,
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BDD259
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.
SAID POINT BEING 5.30 FEET EAST OF THE
NORTHEAST CORNER OF LOT 1, SAID TRACT NO.
3857; THENCE EAST ALONG THE SOUTH LINE OF
CLUSTER AVENUE TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM LOTS 23 TO 26, INCLUSIVE,
TRACT NO. 3255, AS PER PLAT RECORDED IN BOOK
48 OF MAPS, PAGE 37, RECORDS OF SAID COUNTY.
PARCEL NO. 2
LOTS 23, 24, 25 AND 26, TRACT NO. 3255, IN THE
CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 48 OF MAPS, PAGE 37, RECORDS
OF SAID COUNTY.
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