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HomeMy WebLinkAbout1985-454 e. '. 1 RESOLUTION NO. 85-454 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR EXCHANGE OF REAL PROPERTY BETWEEN 3 THE CITY OF SAN BERNARDINO AND BLOCK BROS. INDUSTRIES (U.S.A.), INC., AND DETERMINING THAT THE PROPERTY TO BE EXCHANGED HAS A 4 VALUE OF LESS THAN $2,000.00. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Recitals. 8 A. The City of San Bernardino, through its Water Department, 9 owns certain property located on top of the easterly portion of 10 Shand in Hills, on which property a reservoir is situated. 11 B. Block Bros. Industries (U.S.A.), Inc., in developing 12 Tract No. 12955, requested three easements through the City's 13 property which extends down the south side of Shandin Hills. 14 C. Rather than granting easements to Block Bros., the City 15 recommended that a land exchange be accomplished, exchanging the 16 property extending down the south side of Shandin Hills for other 17 property owned by Block Bros. 18 D. An appraisal by William E. Leonard indicates that the 19 City's property to be exchanged has little value other than a 20 nuisance value, and that the Block Bros. property has a 21 substantial future value. 22 SECTION 2. Authorization of Agreement. The Mayor of the 23 City of San Bernardino is hereby authorized and directed to 24 execute on behalf of said City an Agreement for Exchange of Real 25 Property with Block Bros. Industries (U.S.A.), Inc., a copy of 26 which is attached hereto, marked Exhibit "I" and incorporated 27 herein by reference as fully as though set forth at length, and 28 to execute and deliver into escrow the deed and other documents -, 1 required thereby. 2 SECTION 3. Determination of Property Value. The Mayor and 3 Common Council hereby determine that the property being exchanged 4 has a value of less than $2,000.00, and is of less value than the 5 property which the City is receiving. 6 I HEREBY CERTIFY that the foregoing resolution was duly 7 adopted by the Mayor and Common Council of the City of San 8 Bernardino at a regular meeting thereof, held on 9 the 4th November , 1985, by the following vote, day of 10 to wit: 11 12 13 14 15 16 17 AYES: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler NAYS: None Council Member Quiel ABSENT: ~/~~;h / Clty Clerk The foregoing resolution is hereby approved this 12th day 18 of ~-~b~ Mayor of-the Ci y of San Bernardino November , 1985. 19 20 21 Approved as to form: 22 _" ~O /~ /m<W 23 City A orney 24 25 26 27 28 -2- . . %5- 4S"L( '. ,.' , .. AGREEMENT FOR EXCHANGE OF REAL PROPERTY. GRANT OF EASEMENTS AND ESCROW INSTRUCTIONS This Agreement For Exchange of Real Property, Grant of Easements and Escl;'9w Instructions ("Agreement") is entered into to be effective on N~1'i'l1J.?u ZZ-, 1985, between THE CITY OF SAN BERNARDINO, a municipal corporation ("City"), and BLOCK BROS. INDUSTRIES (U.S.A.), INC., a Washington corporation ("Block"). Ci ty and Block are sometimes collectively referred to herein as the "Parties." ~E~~M~~~: A. City is the owner of two.parcels of real property located in the City of San Bernardino, California and more particularly described on Exhibit "A" ("City Parcels"). Block is the owner of three parcels of real property located in the City of San Bernardino, California and more particularly described on Exhibi t "B" ("Block Parcels"). B. Ci ty and Block desire to enter into this Agreement to effectuate an exchange of the City Parcels for the Block Parcels. City and Block also desire to enter into this Agreement to provide for the grant by City to Block, following the consummation of the exchange, of a temporary license allowing Block to grade and construct an emergency fire access road over a portion of the Block Parcels and other property owned by Ci ty. THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. Exchange. Tne City Parcels shall be transferred to Block by City in exchange for Block's transfer of the Block Parcels to City, in accordance with the terms and conditions of thi s Agreement. 2. Escrow Instructions. Thi s Agreement constitutes joint escrow instructions to First American Title Insurance Company, 323 Court Street, P.O. Box 6327, San Bernardino, CA 92401 ("Escrow Holder"). The Parties shall execute such addi.tional instructions consistent wi th the provisions of this Agreement which may be required by Escrow Holder. Escrow Holder's General Instructions are attached hereto as Exhibit "C". If there is any conflict between the terms of this Agreement and the provisions of Exhibi t "C", the terms of thi s Agreement shall control. Escrow Holder shall promptly notify City and Block of the date escrow is opened. 3. Emergency Fire Access Road. Block shall, at its sole cost, qrade and construct a twenty (20) foot wide, all weather surfaced emergency fire access road ("Fire Access Road") for inqress to and egress from Tract 11327 presently owned by Block ("Tract 11327"), in accordance with the Rough Gradinq Plan attached as Exhibi t "0". Following the completion of the grading for and construction of the Fire Access Road and the inspection and approval of the Fire Access Road by City, Block's responsibility and duties DLC:clh 6/11/85; rev'd 6/26/85 File No. 13520 ~;\1 \ 01-- ;,q . . . , . . . wi th regard ~o the Fire Access Road shall cease, and thereafter Ci ty shall be responsible for all maintenance and repair operations wi th regard to the Fire Access Road, provided that Ci ty may delegate such maintenance and repair responsibilities to another governmental or quasi-governmental agency or special district. 3.01 Grant of Easement. Slock shall deposit with Escrow Holder an executed and notarized grant of easement in the form attached as Exhibit "E," granting to City a nonexclusive easement for that portion of the Fire Access Road traversing a portion of Tract 11327 as described in Exhibit n 1 n to Exhibit "E" ("Fire Access Road Easement"). 3 . 02 Grant of License. Ci ty shall deposit with Escrow Holder an executed license agreement in the form of Exhibit "F" granting to Block a temporary irrevocable license to enter upon the Block Parcels and any other property owned by City which adjoins the Fire Access Road following the close of escrow for the purposes of grading and constructing the Fire Access Road ("License Agreement"). 4. Escrow. 4.01 Opening. Immediately after the execution of this Agreement, the Parties shall open escrow with Escrow Holder. For purposes of this Agreement, the date of opening of escrow shall be the date upon which an executed copy of this Agreement is deposi ted wi th Escrow Holder. 4.02 Close of Escrow. Provided all of City's and Block's deposits have been made in escrow pursuant to Paragraphs 4.03 and 4.04 of this Agreement and City and Block have deposited their respective shares of closing costs and proration of real property taxes and assessments allocated to Ci ty and Block pursuant to Paragraph 4.08 of this Agreement, escrow shall close on the tenth (10th) day after the conditions set forth in Paragraph 4.05 have been satisfied, but in no event later than August 31, 1985. 4.03 City's Deposits. Not later than one (1) business day prior to close of escrow, City shall deposit the following into escrow: (a) executed and notarized copy of the grant deed described in Paragraph 4.06(a) below, for conveyance of the Ci ty Parcels to Block; and (b) executed copy of the License Agreement. 4.04 Block's Deposi ts. Not later than one ( 1) business day prior to close of escrow, Block shall deposit into escrow the following: (a) executed and notarized copy of the grant deed described in Paragraph 4.06(b) below, conveying the Block Parcels to Ci ty; (b) executed and notarized partial releases and reconveyances from all monetary encumbrances affecting the Block Parcels; and DLC: clh 6/11/85; rev'd 7/11/85 File No. 13520 -2- ~ , , . " (c) executed and notarized Fire Access Easement to Ci ty . 4.05 Conditions to Close. The obligations of the Parties to each other, and the close of escrow, is subject to and contingent upon the full satisfaction of the conditions set forth below. If one or more of the conditions is not satisfied by the date set for close of escrow or waived by the Party for whose benefi t the condition has been imposed, then the Party for whose benefit the condition has been imposed shall have the absolute right to cancel this escrow in which case Escrow Holder shall return to the respective Parties their deposits made pursuant to Paragraphs 4.03 and 4.04 above. (a) Title Approval of Block Parcels. Within ten (10) calendar days after this Agreement is executed, Block shall, at Block's expense, provide City with a current preliminary title report ("Block Parcels Title Report") for the Block Parcels issued by Escrow Holder, showing the state of the title of the Block Parcels. City shall have no obligation to accept or approve any exceptions shown on the Block Parcels Title Report except non- delinquent real property taxes, bonds and assessments. Notwi thstanding the foregoing, City shall have no right to disapprove any monetary liens or encumbrances, provided, however, that all monetary liens and encumbrances (other than non-delinquent real property taxes and general assessments prorated pursuant to Paragraph 4.08 of this Agreement) shall be removed of record from the Block Parcels prior to or at the close of escrow. Block shall permit no further monetary liens or encumbrances to be placed of record against the Block Parcels prior to the close of escrow. Within ten (10) days following the receipt of the Block Parcels Ti tle Report (the "City Approval Period"), City shall notify Block and Escrow Holder in writing of any unacceptable exceptions listed in the Block Parcels Title Report. If City fails during the City Approval Period to approve or disapprove in writing any exceptions shown on the Block Parcels Ti tle Report, City shall be deemed to have approved the Block Parcels Title Report. If within the City Approval Period Ci ty disapproves any exceptions listed in the Block Parcels Title Report, then Block shall' inform City within ten (10) days after receipt of City's disapproval, whether or not it will eliminate the disapproved exceptions prior to close of escrow. Block's election not to remove any disapproved exception shall be deemed to be the cancellation of escrow. ' (b) Title Approval of City Parcels. Within ten (10) calendar days after this Agreement is executed, City shall, at City's expense, provide Block with a current preliminary title report ("City Parcels Title Report") for the City Parcels issued by Escrow Holder, showing the state of the title of the City Parcels. Block shall have no obligation to accept or approve any exceptions shown on the City Parcels Title Report except non-delinquent real property taxes, bonds and assessments. NotWithstanding the foregoing, Block shall have no right to disapprove any monetary liens or encumbrances, provided, however, that all monetary liens and encumbrances (other than non-delinquent real property taxes and general assessments prorated pursuant to Paragraph 4.08 of this Agreement) shall be removed of record from the Ci ty Parcels prior to or at the close of escrow. City shall permit no further monetary liens or encumbrances to be placed of record against the City DL::clh 6/11/85; rev'd 6/26/85 File No. 13520 -3- " . . Parcels prior to the close of escrow. Within ten (10) days following the receipt of the City Parcels Title Report (the "Block Approval Period"), Block shall notify City and Escrow Holder in writing of any unacceptable exceptions listed in the Ci ty Parcels Title Report. If Block fails during the Approval Period to approve or disapprove in writing any exceptions shown on the City Parcels Title Report, Block shall be deemed to have approved the City Parcels Title Report. If within the Block Approval Period Block disapproves any exceptions listed in the Ci ty Parcels Title Report, then Ci ty shall inform Block wi thin ten (10) days after receipt of Block's disapproval, whether or not it will eliminate the disapproved exceptions prior to close of escrow. City's election not to remove any disapproved exception shall be deemed to be the cancellation of escrow. (c) Governmental Approvals. Block shall have obtained from City, and all other governmental agencies having jurisdiction, all permits and approvals, including, but not limited to, approval of tentative tract maps for Tract Nos. 12955 and 12958, and approval of the plans and specifications for the construction of the Fire Access Road (collectively, the "Governmental Approvals"). All terms and conditions of all Governmental Approvals are subject to Block's approval in Block's sole discretion. Block shall pay for all costs and expenses in connection wi th obtaining the Governmental Approvals. City shall cooperate with Block in obtaining the Governmental Approvals. 4.06 Title. (a) Block Parcels. Block shall convey the Block Parcels described in Exhibit "B" to City by a grant deed (the "Block Parcels Grant Deed") in the form of Exhibi t "G". Title shall be conveyed by Block at the close of escrow, subject only to the following condi tions ("Block Parcels Condi tions of Ti tIe"): (i) the covenants contained in the Block Parcels Grant Deed; and assessments; (ii) non-delinquent real property taxes (iii) all matters of record which affect ti tle to the property as set forth in the Block Parcels Ti tIe Report approved by Ci ty pursuant to Paragraph 4.05 (a); and (iv) matters affecting the condition of ti tIe created by, or wi th the consent of, City. Block shall provide and pay for a CLTA Standard owner's policy of ti tIe insurance issued by Escrow Holder wi th liability in the amount of $175,000.00, insuring title to the Block Parcels to be vested in City subject only to the Block Parcels Conditions of Title. City reserves the right to order and obtain an ALTA owner's policy of title insurance on the Block Parcels. If City desires such ALTA policy, City shall notify Escrow Holder in writing, at least twenty (20) business days prior to the date set for close of escrow, and shall deposit into escrow any costs in excess of the anticipated cost of the CLTA policy, including, without limitation, the cost of any required survey. DLC:clh 6/11/85; rev'd 6/26/85 File No. 13520 -4- LJ " . . " . (b) City Parcels. City shall convey the City Parcels described in Exhibit "A" to Block by a grant deed ("City Parcels Grant Deed") in the form of Exhibit "H". Title shall be conveyed by City at the close of escrow, subject to the following condi tions ("City Parcels Condi tions of Ti tle") : Parcels Grant Deed; (i) the covenants contained in the City and assessments; (ii) non-delinquent real property taxes (iii) all matters of record which affect title to the property as set forth in the City Parcels Title Report approved by Block pursuant to Paragraph 4.05(b); and (iv) matters affecting the condition of ti tle created by, or wi th the consent of, Block. City shall provide and pay for a CLTA Standard owner's policy of ti tle insurance issued by Escrow Holder wi th liability in the amount of $175,000.00, insuring title to the City Parcels to be vested in Block subject only to the City Parcels Conditions of Title. Block reserves the right to order and obtain an ALTA owner's policy of title insurance on the City Parcels. If Block desires such ALTA policy, Block shall notify Escrow Holder in wri ting, at least twenty (20) business days prior to the date set for close of escrow, and shall deposit into escrow any costs in excess of the anticipated cost of the CLTA policy, including, without limitation, the cost of any required survey. 4.07 Escrow Closing Costs. City shall pay one-half (1/2) of the escrow fee, the cost of recording the Ci ty Parcels Grant Deed, the cost of recording the Fire Access Road Easement and any other costs which in the opihion of Escrow Holder are customarily borne by similar grantors of property and grantees of easements. Block shall pay one-half (1/2) of the escrow fee, the costs of recording the Block Parcels Grant Deed and any other costs which in the opinion of Escrow Holder are customarily borne by similar grantors of property. 4.08 Prorations. All real property taxes and assessments shall be prorated between City and Block as to both the City Parcels and the Block Parcels as of the close of escrow based upon the latest available information. 4.09 Escrow Cancellation Charges. If escrow fails to close by reason of City's default hereunder, City shall pay all escrow cancellation charges. If escrow fails to close by reason of Block's default hereunder, Block shall pay for all escrow cancellation charges. If escrow fails to close for any reason other than the default of either City or Block, Block and City shall each pay one-half (1/2) of any escrow cancellation charges and each party shall release the other from all liability hereunder for the failure of escrow to close. 4.10 Possession. City shall be entitled to possession of the Block Parcels and Block shall be entitled to possession of the Ci ty Parcels at the close of escrow. DLC:clh 6/11/85; rev'd 6/26/85 File No. 13520 -5- r- '. 4.11 Recording. Escrow Holder shall cause documents to be recorded concurrently and in the followinq order: (a) City Parcels Grant Deed; (b) Partial releases and reconveyances of monetary liens or encumbrances affectinq the Block Parcels and the City Parcels, if any; (c) Block Parcels Grant Deed; and (d), Fire Access Road Easement. All documents recorded shall provide that they are to be mailed to Escrow Holder. 4.12 Distribution of Documents. When oriqinals of recorded documents are returned to Escrow Holder, Escrow Holder shall prepare copies thereof showinq the recordinq information, and shall deliver the City Parcels Grant Deed to Block, with a copy to Ci ty; the Block Parcels Grant Deed to Ci ty, with a copy to Block; and the Fire Access Road Easement to Ci ty, with a copy to Block. 4.13 No Real Estate Broker's Commission. City and Block each represent to the other that they have no contract or dealinqs reqardinq either the Block Parcels or the City Parcels with any person who can claim a riqht to a commission or finder's fee as a procurinq cause of the exchanqe of the City Parcels and Block Parcels. If any broker or finder asserts a claim for commission or finder's fee based upon any contract or dealinq with City or Block, the party throuqh whom the broker or finder makes such claim shall indemnify, hold harmless and defend the other party from such claim and all costs and expenses (includinq reasonable attorneys' fees) incurred by the other party in defendinq aqainst the same. 5. Notices. All notices or other communications required or permitted under this Aqreement shall be in writing and shall be personally delivered or sent with return receipt requested and postaqe prepaid. If mailed, each notice or communication shall be deemed received three (3) days after deposi t in the United States mail in the State of California, addressed to the person to receive such notice or communication at the following addresses: To City: City of San Bernardino 300 North "D" Street San Bernardino, California 92418 Attn: General Manaqer, Water De?t. With a Copy To: Real Proper tv Enqineer 300 North "D" Street San Bernardino, CA 92418 DLC:clh 6/11/85; rev'd 6/26/85 File No. 13520 -6- " To Block: c/o Marlborough Development Corporation One Century Plaza 2029 Century Park East Suite 1550 Los Angeles, California 90067 Attn: Mr. Dorian Johnson With a Copy To: McKittrick, Jackson, DeMarco . & Peckenpaugh 4041 MacArthur Boulevard Fifth Floor Post Office Box 2710 Newport Beach, California 92658-8995 Attn: Steven J. Dzida To Escrow Holder: First American Title Insurance Company 323 Court Street Post Office Box 6327 San Bernardino, California 92401 Attn: Notice of change of address shall be given by written notice in the manner set forth in this Paragraph 5. 6. Attorneys I Fees. Should either Party institute any action or proceeding to enforce or interpret any provision of this Agreement or for damages by reason of an alleged breach of any provision of this Agreement, the prevailing Party shall be entitled to recover its costs and expenses and reasonable attorneys' fees for services rendered to the prevailing Party in such action or proceeding. The term "prevailing Party" as used in this Paragraph shall include, without limitation, any Party who is made a defendant in litigation in which damages or other relief, or both, may be sought against such Party and a final judqrnent or decree is entered in such litigation in favor of such Party defendant. 7. Miscellaneous. 7.01 Incorporation of Exhibits. All exhibits attached hereto and referred to herein are incorporated into this Agreement as though fully set forth herein. 7.02 No Modifications. No modification of any provision of this Agreement shall be effective unless set forth in wri ting and siqned by both Ci ty and Block. 7.03 No Warranties. Except as otherwise speci- fically provided in this Agreement, neither Ci ty nor Block have made any representations, warranties or agreements as to any matters concerning the Property. Neither City nor Block shall be bound by any agreements, warranties or representations not expressly contained herein. City and Block expressly waive any right of rescission and all claims for damages by reason of any statement, representation, warranty, promise or agreement, if any, not contained in this Agreement. DLC:clh 6/11/85; rev'd 6/26/85 File No. 13520 -7- n " 7.04 Construction of Agreement. The agreements contained herein shall not be construed in favor of or against either of the Parties, but shall be construed as if both of the Parties prepared this Agreement. 7.05 Further Assurances. The Parties shall execute such other and further documents and instruments as may be necessary and proper in order to consummate the transaction contemplated by thi s Agreement. 7.06 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior oral or written agreements between the Parties with respect to the exchange of the Ci ty Parcels and Block Parcels. 7.07 Governing Law. The laws of the State of California shall govern this Agreement. 7.08 Time is of The Essence. Time is of the essence of each and every provision of this Agreement. 7.09 Binding Effect. This Agreement shall be binding upon and shall inure to the benefi t of the Parties hereto and their respective heirs, successors and assigns. 7.10 Block's Nominee; Successors and Assigns. Block shall have the right to designate nominees or designees in Block's place or stead under this Agreement, but such nominations or designations shall not, in any event, relieve Block of its covenants and agreements contained herein, and this Agreement shall be binding upon and inure to the benefit of Block and City and their respective successors and assigns. 7.11 Survival of Covenants. All covenants, representations, obligations and agreements contained in this agreement shall survive the execution and delivery of this Agreement, the close of escrow, and the delivery and recordation of all documents or instruments in connection therewi tho 7.12 Headings. The paragraph headings herein are used only for the purpose of convenience and shall not be deemed to limi t the subj ect of the paragraphs of this Agreement or be considered in their construction. 7.13 Severabili ty. If any portion of thi s Agreement shall become illegal, null or void, or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining portions of this Agreement shall not be affected thereby and shall remain in force and effect to the full extent permissible by law. 7.14 Counterparts. This Agreement may be executed in counterparts, each of which shall be considered an original and all of which taken together shall constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] DLC:clh 6/11/85; rev'd 6/26/85 File No. 13520 -8- ,} The Parties have executed this Agreement on the date first wri tten above. Attest: CI~Y OF SAN BERNARDINO, a mini al corporation ~$;llt0aM City/Clerk By: A~;)7~ City Attorney "City" By: Title: \. By: Ti tle: "Block" IlLC:clh 6/11/85; rev'd 6/26/85 File No. 13520 -9- (\ " 1- , . "'. .4MAROI0l 8/14/85 BDB (Appurtenance to Tentative Tract No. 12958) " EXHI8.IT 'A" -- .:J..-\,'--_;-:~__..:~:":~-2 / - " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LEGAL DESCRIPl'ICN A PORl'ICN OF SECTICN 21, 'l'CM'lSHIP 1 NORllI, RANGE 4 WEST, AS THE LINES OF THE GOVERNMENT SURVEY MAY BE EXTENDED ACROSS THE RANCHO mSOJPIABE, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PIAT RECORDED IN BOOK 7 OF MAPS, PJlJ3E 23, RECORIl'l OF SAID COUNTY, DESCRIBED AS FOLI.a'iS: BEX>INNING AT A POINT IN THE EASTERLY LINE OF IDT 1, TRACT NO. 11330, AS PER MAP RECORDED IN BOOK 177 OF MAPS, P1\I3ES 57 AND 58, RECORIl'l OF SAID . COUNTY, SAID POINT BEING THE NORllIERLY TERMINUS OF SAID EASTERLY LINE SHOWN CN THE MAP OF SAID TRACT AS HAVING A BEARING AND DISTANCE OF N 00013'52" E, 640.00 FEETl THENCE (XXIlTINUING EASTERLY AUN; THE 00UN1lAAY LINE OF SAID IDT S 89052'30" E, 174.87 FEETl THENCE LEAVING SAID BOUNIlARY LINE S 34052'39" W, 65.55 FEETl THENCE WESTERLY AND PARALLEL 10 LAST SAID BOUNDARY LINE N 89052'30" W, 60.00 FEETl THENCE S 37025'27" W, 70.48 FEET 10 A POINT IN A LINE PARALLEL WITH AND 35.00 FEET, MEASURED Kr RIGHT ANGLES, EASTERLY OF SAID EASTERLY LINE 1 THENCE scxrmERLY PARALLEL WITH SAID EASTERLY LINE S 00013'52" W, 251.09 FEETl THENCE S 67014'25" W, 38.02 FEET 10 A POINT IN SAID EASTERLY LINEl THENCE NORllIERLY AUN; SAID LAST MENTICNED LINE N 00013'52" E, 375.80 FEET 10 THE POINT OF BEX>INNING. _O.All PSOMASIHARRISON ~ 8< ASSOCIATES CMl ENGINEERS 3901 UME STREET lAND PlANNERS RIVERSIDE. CA 92501 LAND SURVEVORS PHONE (714).787-8421 ~ 'l A A::W77t7A/' p~ 4JGC. ~{ r I AI..1 R.4H/. ""~ TH~ ~/,vES IV rNG tfIJI(tKNMEAlT .4I!/RY4Y AMY 4I,E Er7ENN'P AC~ THE .RA4I("~ ~~P/A4.E'. 'I I Ezr -i'/A/E LtJT .1 n? M'- //8g0 o ~ ~ ~.: [1/'.~1 . ~ !J\ ~ Il\ I I ~ . ~~ ~. tl\ \l.\ ~ ~ ,~ ~~ ,~ ~~ ~~ ~ ~ ~ ~ ~ C) ~ ~ N411~'.IlP"'1V ~ 44 t)(J ~ ~ ~ il1 ~ /Ii ~ ~ r /*6?' .~a ~ ~ ~~Ie~"1 ~ ~ ~ . . ,.. ,~ ~ . ~ 1 2 3 4 A PORTION OF SECTION 21. TOWNSHIP 1 NORTH. RANGE 4 WEST. AS THE LINES OF THE 5 GOVERtlMENT SURVEY MAY BE EXTENDED ACROSS THE RANCHO MUSCUPIABE. IN THE CITY OF SAN 6 BERNARDINO. COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA. AS PER PLAT RECORDED IN 7 BOOK 7 OF MAPS. PAGE 23. RECORDS OF SAID CoutrrY. DESCRIBED AS FOLLOWS: 8 9 BEGINNING AT THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO FOREST 10 PAGE RECORDED JULY 20. 1927. IN BOOK 255. PAGE 78. OFFICIAL RECORDS; THENCE SOUTHERLY 11 ALONG THE WESTERLY LINE OF LAST SAID LAND So014'15"W. 456.30 FEET TO THE TRUE POINT 12 OF BEGINNING; THENCE CONTINUING ALONG LAST SAID WESTERLY LINE S0014'15"W. 605.00 13 FEET; THENCE LEAVING LAST SAID LINE S85043'25"W. SO.OO FEET; THENCE N33018'19"W. 14 199.52 FEET; THENCE Noo14'15"E. 225.00 FEET; THENCE N41003'10"E. 290. u. ,,/,i-' , 15 TRUE POINT OF BEGINNING. 4 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~ PSOMAS/HARRISON 0\11. ENGNIIlS I90IIlME SIlIEEl lAND I'INNllS 1IIIBlSIlE. CA 92501 .ASSOaAlB lANDSUlIImlIIS _(7tA)o7l7_' ~ .~ ~ ~ t' ~ ~ 'I\i ~ ~ ~ ~ , A ~rl()N tJP'4'GCT/PNII, r.~N/~I."'W AfF11IGPAE~ Ifl&' Rle 6'lJYGRNMENT A'/WEY MAr 4G HreNPQMC~4' m~ ..eta-NO A~VP/A84'. D .R'4eI: t1 /,..g' ~ ~ ~ ~ ~ ~ ~ ~ .~ G ~~ ~~ ~~ ~~ ~~ ~~ ~ T r.I? 8 . ~'JI8' ?v.' 4,g;" 4tJ./lIJ' .~ ~ . ~ll\ . \.\ ,!lI ~~ \ l:) '" . ~~ ~~ t~ .~ Il\ NW ah0VD?tJFLANP HSCR/&EP IN PEEP n:J ~$r. v~ ~P4P vU~Y ~ P.Jr7 IN~ e55,~ 74 orPlCA~ R4awP8. EXHIBIT "B" LEGAL DESCRIPTION OF BLOCK PARCELS Lots "A", "B" and "c" of Tract No. 11327, recorded in Book 179, Paqes 97 and 98, of Maps, in the Office of the San Bernardino County Recorder. DLC:c1h 6/11/85; rev'd 6/26/85 File No. 13520 . , EXHIBIT "C" GENERAL INSTRUCTIONS OF ESCROW HOLDER DLC:clh 6/11/85; rev'd 6/26/85 File No. 13520 .- 1; ::. ~~. . "" . . ....... . -";~" :'::~~':;.:';J! " . . . -. - . ~ ~. ".-.;..' '-'--~ ~.' . -, "E)ffiibiV:"D", "~" RoU,g)i,:;Gr'adlilg')>lan ' "'-:-,-,::-:i\",:.~: ';:::;"_v.~~~7~"'~~'<o":.~~-#:~~~;-:'~i".'. , , \ .. ...... . ~!~-~-.., ~;~~~ -~~.~:.,;.~.....~. :.:.: ~;";--.' . .. ~ ~lc'. '?-. '~:";;>W- \~;r-~t~I;~~ _~ ~ ~;:i~;' ~~.~~'.~~:. : '""f"';\',, _', 'w:.:-~~?-__~.,- --,c__J:lIf:_.< .-'.!t..., -~~.- -- I t t, ; , '~i:."'OO;:::. '. ...- ~ .;~~~:~. -::------ 1',:~::i~i1~:;;-' ilJ-:: J/:~:<{~ ~.:_;:";-".~~ --.... - -;-:~-.' --;--:'::.. - .- ------'....... rl ? ..;. J' . -';'-"-- \ 'A , ~fl,~ 'f~ :.~'llit '.;~;i :4 :-::;~It; ~ :"~:1 :~i' . :'''''' . ~~ .' ~ ~t : dii ~ ~~-'~~~' ~-"',~:~~ -.~~.. ",,~'. '. ......~.. ".-..- '.,... '-. ~ 11 ] 'I' tJ ',' .. .... -~"~." ,.-' - .-..:;.... - -..~- .:.,,'; ".> '.t~.' ..... .'--F t': >~ ....--0- ..~.: , - ......,'. .' '. '-~.. '. -J' ~.'- -~l 'f 'J ~l 1 1 -, ;t' q " " "I .J ~".. ._,~. .;" ...;.;; "f- "L- .-','. '..': '.~~-~~. ~ ~~"-;;: -.-,. r.- ,~;\-';,;.: :_:~~<-. C-O-U' "'~f :. I ._t", -:;1:; "c"",,,,,,_ :<~':j~~- - - ~.:. : .' . ~}-~'~: '4:,'" ?i": ''''',' . . i-~- ',t.. ":;A" " . -'~ :"". . .~ ,-~:.. "'. ~. 2.1.-.' 5~" "-l:;' --...,~ ~'~f;t~ II) " EXHIBIT "E" FIRE ACCESS ROAD EASEMENT DLC:clh 6/11/85; rev'd 6/26/85 File No. 13520 RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: Ci ty of San Bernardino 300 North "0" Street San Bernardino, California 92418 (Space Above For Recorder's Use) MAIL TAX STATEMENTS TO: The undersigned Grantor declares: C1 ty of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Documentary Transfer Tax:$NONE Consideration Less Than $100 GRANT OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BLOCK BROS. INDUSTRIES (U.S.A.), INC., a Washington corporation ("Grantor") hereby grants to THE CITY OF SAN BERNARDINO, a municipal corporation ("Grantee"), a non-exclusive permanent easement for emergency and fire access road purposes in, over and upon that certain real property situated in the City of San Bernardino, County of San Bernardino, State of California which is described in Exhibit "1", attached hereto and incorporated herein by this reference, subject to general and special real property taxes and assessments, and 'covenants, conditions, restrictions, reservations, rights and rights-of-way of record. BLOCK BROS. INDUSTRIES (U.S.A.), INC., a Washington corporation By: Title: By: Title: "Grantor" DLC:clh 6/11/85; rev'd 6/26/85 File No. 13520 Ii. ," STATE OF CALIFORNIA COUNTY OF ) ) ss. ) , 1985, before me, the undersigned, a in and for said State, personally appeared and , personally known to me or proved to me on the basis of satisfactory evidence to be the persons who executed the within instrument as president and secretary or on behalf of BLOCK BROS. INDUSTRIES (U.S.A.), INC., the corporation therein named, and acknowledged to me that the corporation executed it. On Notary Public WITNESS my hand and official seal. Notary Public in and for said State OLC:clh 6/11/85; rev'd 6/26/85 File No. 13520 -2- If'> . "Exhibit "1" 1 2 3 . 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Legal Description of Fire Access Road THAT PORTION OF LOT 1 OF TRACT NO. 11327 IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, AS PER MAP RECORDED IN BOOK 179, PAGES 97 AND 98 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWSI I , i i I I BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 1, SAID POINT BEING THE EASTERLY TERMINUS OF SAID SOUTHERLY LINE SHOWN ON THE MAP OF SAID TRACT AS HAVING A BEARING AND DISTANCE OF N76038'068W, 335.57 FEET, THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF SAID LOT N76038'06-W, A DISTANCE OF 203.12 FEET TO THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID SOUTHERLY LINE N53001'098W, A DISTANCE OF 94.83 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE TO THE AFOREMENTIONED POINT BEARS S54043'318E, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 30008'248 A DISTANCE OF 26.30 FEET, THENCE S39039'198E A DISTANCE OF 28.62 FEET ALONG A NON-TANGENT LINE TO A POINT ON THE AFOREMENTIONED SOUTHERLY LINE OF LOT 1J THENCE S76038' 068E A DISTANCE OF 79.66 FEET ALONG THE SOUTHERLY LINE OF LOT 1 TO THE BEGINNING. ~ . .s. PSOMAS/lIARRISON 0lIl. - 1901 UME SIIlEfl lAND P\ANNEIIS 1I\IEIIllC(. CA 92lIOl . ASSOCIAtES lAND SIlIInOIIS _ 17w). 787_1 Th'A7 P~T/ON ty: t./J'T / I)r ~AC7 Na //a'Z1 ~' A rl '''",:0 ~1l~'P ^ lJ :~~~~, "00/- I . ~ ~. .. , ~ Q &~ ~ ~ ~ ~ ~ \)I " ~ \I ~ , " ~ ~ ~ ~ ~ ~ .~ ~ .(}i ~ ~ ~ ~ ~ ~ ~ \:) , , ~ ~ " ,-:" ~ ... " I -~""" L o -l - -l ::0 :z p - - (u N -..l " EXHIBIT HF" LICENSE AGREEMENT DLC:c1h 6/11/85; rev'd 6/26/85 File No. 13520 . ," LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement") 18 entered into to be effective on , 1985 between BLOCK BROS. INDUSTRIES (U. S .A. ), INC., a Washington corporation ("Block"), and THE CITY OF SAN BERNARDINO, a municipal corporation ("City"). Block and City are sometimes collectively referred to herein as the "Parties." g~~!!~1~: A. Block is the owner of real property located in the City of San Bernardino, California, more particularly described on Exhibi t "1" ("Block Property" ) . B. City is the owner of real property located in the City of San Bernardino, California, more particularly described on Exhibit "2" ("City Property"). C. Ci ty and Block entered into an "Agreement For Exchange of Real Property, Grant of Easements and Escrow Instructions" ("Exchange Agreement") dated , 1985 providing, among other things, that City grant to Block a temporary irrevocable license for emergency fire access road construction purposes. . D. The Parties desire to enter into this Agreement to implement Paragraph 3 of the Exchange Agreement. THE PARTIES AGREE AS FOLLOWS: 1. Grant of License. City hereby grants to Block a temporary irrevocable right of access and license ("License") over portions of the City Property ("License Area"), as may be reasonably necessary in connection with Block's constructing the emergency fire access road ("Fire Access Road") to provide access to and from the Block Property. The Fire Access Road is generally described on the rough grading plan attached as Exhibit "3" and incorporated herein by this reference (the "Grading Plan"). 2. Grading Operations. All grading operations within the License Area on the Ci ty Property shall be conducted by Block at its sole expense in accordance wi th the Grading Plan. 3. Termination. This License shall terminate on the earlier of (a) the inspection and approval by the City of San Bernardino of the grading operations and construction of the Fire Access Road; or (b) two (2) years after the date of this Agreement. 4. Indemnity and Hold Harmless. Block shall indemnify and hold City and the City Property harmless from all claims, loss and liability which may be incurred by the City arising out of or in connection with the grading operations and Fire Access Road con- struction, or any claims made against City by any person, firm or organization entering upon the City Property pursuant to this License. tLC:clh 6/11/85; rev'd 6/26/85 File No. 13520 . . "Exhibit "1" BLOCK PROPERTY Lots "A", "B" and "C" of Tract 11327, recorded in Book 179, Pages 97 and 98, of Maps, in the Office of the San Bernardino County Recorder. DLC:c1h 6/11/85; rev'd 6/26/85 File No. 13520 ')(..., ,.... ::.'" v.\'~'" ," . ' "'':l ...~ . '. . "r'" 4MAR0101 , 8/14/85 BDB (Appurtenance to Tentative Tract No. 12958) ,EXHlaIT 'II< z.. ' , ,-" '"'" " y-",~--,_. "'-'~--,:~-, /" -.. ,,~ 1 2 LEGAL DESCRIPl'ICN 3 A FORTICN OF SECTICN21, ,mmSHIP 1 NORlll, RANGE 4 WEST, AS THE 4 LINES OF THE GOVERNMENT SURVEY MAY BE EXTENDED ACROSS THE RANCHO " 5 KlSCUPIABE, IN THE CITY OF SAN BERNARDINO, CXXJNTYOF SAN BERNARDINO, 6 STATE' OF CALIFORNIA, :AS PER PIAT' REOORDED IN BOOK 7 OF' MAPS, PAGE 23, 7 ' ,REOOROO OF SAID COUNTY, DESCRIBED AS FOLLGlS: 8 BmINNING AT A roINT IN THE EAS'l:'ERLY LINE OF rnr 1, TRACT NO. 11330, 9 AS PER MAP REOORDED IN BOOK 177 OF, MAPS, PAGES 57, AND 58, REOOROO OF SAID . 10 COUNTY, , SAID, POINT BEIN:> :mE NORI'HERLY TERMINUS OF SAID EASTERLY LINE 11 SHOWN ON THE MAP OF SAID' TRACI: AS HAVING A BEARING' AND DISTANCE, OF N 12 00013'52" E, 640.00 FEET; THENCE CONTINUING EASTERLY ALONG THE EnlNDl\RY 13 LINE OF SAID rm S 89052'30" 'E, 174,.87 ~EET; THENCE LEAVING SAID OOUNDARY 14 15 16 17 18 LINE S 34052'39" W, 65.55 FEET; THENCE WESTERLY AND PARALLEL 'IO IAST . , SAID OOUNDARY LINE N 89052'30" W, 60.00 FEET;' THENCE S' 37025'27" W, 70.48 FEET.TO A FOINT IN A LINE PARALLEL, WITH AND 35.00 FEET, MEASURED AT RIGHT ANGLES, EASTERLY OF SAID EASTERLY LINE; THENCE SOUTHERLY PARALLEL WITH SAID EASTERLY LINE S 00013'52" w,' 251.09 FEET; THENCE S 67014'25" W, 38.02 FEET TO A FOINT IN SAID EASTERLY LINE; 'THENCE NORllIERLY ALONG SAID IAST MENTICNED LINE N 00013' 52" 19 20 21 22 23 24 25 26 27 28 29 30 31 32 .... . , " .:: .i' . . . ',' ~ " .... '".." ~ PSOMAS/HARRISON ~ =:~ ~'= ~~50t ..., - lk ASSOCIATES lAND SURVEYOllS PHCH (714). 787-8421 . , '::::1.. .. ..',' " ,:.'.;.'; '1; :.,' ... . . " ,".. . .. '" . . ..'.. .~;. . I A ~17G'AI' G'.F ~c:.e>i. T."' /1(1. R.4H/. A~ T#~ L/A/ES dF THE 6'()VE~WMENT .4VRYEY /HIty .84" E.YTENPEP AC.Rt!7~ T#E .RA-VCHoO NVd"a/P/A&::. -I I EZr ~/A/E LoOT .1 T1i? AI"- //!I!JO ~ ~~G: 0 /"".N:1' . ~. ~ ~ . ~ ~ l\:i ~ 1 I ~ ~ ~~ . ~ ~~ ~ ~ ,~ ~. \), ~:::: t)\ ~~ l::l " ~ ~ ~ ~ l) ~ ~ A/.*~~J(/ . ~ tSa (X)' ~ ~ ~ ~ ~ "i ~ ~ r /?~ 6?' .~B. ~ ~ 6~".62 ~"'G ~ ~ ~ , ~ , .. ~ .~ ~ . 1 2 3 . 6 6 7 8 9 10 .. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ^ , . . . # . . ' , . A PORTION OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 4 WEST, AS THE LINES OF THE 60VERtHNT SURVEY MAY BE EXTENDED ACROSS THE RANCHD MUSCUPIABE, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 23, RECORDS OF SAID coutfi'Y, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO FOREST PAGE RECORDED JULY 20, 1927, IN BOOK 255, PAGE 7B, OFFICIAL RECORDS; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF LAST SAID LAND Soo14'15.W, 456.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG lAST SAID WESTERLY L1N[ SOo14'15.W, 605.00 FEET; THENCE LEAVING lAST SAID LINE SB5043'25.W, 80.00 FEET; THENCE N3301B'19.W, ~ PSOMAS/IWlIlISON CM. _ 1101 1M IIIIEET lAND ~ II\IEIlSIlf.CA_1 lASSOaAlES IAND_ _17M1.717_1 . . I' \ I I . , . A Af,WrlIJN I)F4)GCT/aN 'i!.JN/~~~1It M #/.G QAE:t , RI~ i#WEHNMmr ~ AfAr.Nr4'NPGP~ TNL ..etAtIlP A..'tIrUP/AII4'. U R"MI: t1 /"g' ~ ;:~ ~ ~~ . Il\ ~ ~~ \\ ...: !tI .~ ~~ ~ ~ 1\\ ~ ~ ~~ III . ~~ I ~i I ~ d ~ ~ ~ ~ ~ ~ I ~ ~ I t' ~ ~ N I ~ A/.W~IJF~AlPH4CRIMP /AI peEP ~ 7l'J A::MM'$T.9Cf'#" ~P6D v~ Y'a;e ~7 ~ /N~ r55,~ 74 aq:KA~ R4a:wP8. ~ ~ r r.I::1. 11 ~ .~ <:s ~ o:r__;...~,}. f' i , i t I ~ . l ~ r ">'"1 [ . .~ _"'~!6~_ ..:.- -""'- ~ - :-.--,:: . . . EXHIBIT "0" . . . BLOCK PARCELS ORANT DEED CLC:clh 6/1l/85; rev'd 6/26/85 File No. 13520 . Order.~o. Escrow No. \.oan No. WHEN RECORDED MAIL TO: City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 SPACE ABOVE THIS L.INE FOA RECORDER'S USE MAIL TAX STATEMENTS TO: [Same as above] DOCU\IIENTARY TRANSFER TAX ~-o:msideratiQ!lless ...... Computed on the consideration or value of" f1:o~1d~ OR ...... Computed on thl consider_ion Of' v.lu. 1_lilns or Incumbrances ,.".ining at time of ..... SllNltur. of Declare"t or Agent determining ux - Firm Name CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BLOCK BROS. INDUSTRIES (U.S.A.), INC., a corporation orsanized under the laws of the State of Washington , does hereby GRANT to THE CITY OF SAN BERNARDINO, a municipal corporation the real property in the City of San Bernardino County of San Bernardino , State of California, described as Lots "A", "B" and "C", Tract No. 11327, in the City of San Bernardino, County of San Bernardino, State of California, as per ~~p recorded in Book 179, of Maps, Pages 97 and 98 of Maps, in the Office of the San Bernardino County Recorder. Subject to general and special real property taxes and assessments and covenants, conditions, restric- tions, reservations, rights and rights-of-way of record. Dated BLOCK BROS. INDUSTRIES (U.S.A.), INC., a Washinqton corporation STATE OF CALIFORNIA COUN1Y OF 0.. 10& I before me. By Title: President the underoigned.a NolaIy PulllIc in and roroaid S.a.a, peraonaJlya_,. ... - pe_1y known to me (or pnMd '0 me on the basis 01 aa-..ory evidence) to be the pllraons who executed the within lnltrument .. Pre_nt and Secretary. BLOCK BROS. INDUSTRIES on~I.A.), INC., By Title: Secretary thl COf1)Of'8tion therein named. and acknowledged to me that IUCh cor' poration .xecut<<l the wtthln k1atrument PUrsuant to Ita by-lawa or . _utton 01 ita _ra 01 dir.ct.... WITNESS my hand and official ..al Signatura (This .,... for official notllrial ..11 1144 (6/82) MAIL TAX STATEMENTS AS DIRECTED ABOVE '^ ^ . I . to ". I ..., .., .. EXHIBIT "a" . . CITY PARCELS GRANT DEED DLC:clh 6/11/85; rev'd 6/26/85 File No. 13520 , . t . . . . . drdetfllo. Escrow "'0. . Loan No. WHEN RECORDED MAIL TO: BWCK BIOS. INOOSTRIES (U.S.A.) c/o Marlixlrough Developnent Canpan One Century Plaza 2029 Century Park East Suite 1550 Los Angeles, CA 90067 Attn: Mr. Dorian Johns:m MAIL TAX STATEMENTS TO: SI'ACE AaovI THIS LINE FOA ReCORDER'S USE SAME AS M!DVE I:lClCIMNTARY TRANSFER TAX $..__.____.._.__._.._ ...... Computed on thl cOl'Wic*'ltion or value of property conveyed; OR ...... Compuud on thl conaiderltion or ..Iut ,..liens or .ncumbl"lnca IWnaining . time of ..... Sltne'Nre of O-=I.,.nt or A..nt determining ux - Firm Nem. CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN BERNARDINO, Jl~iIrllKllllId.x1I:lJtlllle/l[loXllbexSUaltJOX a municipal corporation . does hereby GRANT to BLOCK BROS. INDUSTRIES (U.S.A.), INC., the real property in the City of San Bernardino County of San Bernardino , State of California, described as Per Exhibit "A", attached hereto and incorporated herein by this reference. Subject to general and special real property taxes and assessments and covenants, conditions, restric- tions, reservations, rights and rights-of-way of record. Dated CITY OF SAN BERNARDINO, a municipal corporation STATE Of' CALIFORNIA jaI. COUNTY Of' I 0.. bot_.... tIle~aNolaly PullIIc in and lor uId Slate, peraonaIIy_ ... By ATTEST: Mayor ~ .... peraonaIIy _ to me (or pr-.l to ... ... ... _ 01 oatisfactorv I'Jidance) 10 be the persons who executed the within inetrument .. Mavor 11_1111 and City Clerk ~~. ..._... the City of San Bernardino By City Clerk iKRWW APPRO~ TO FORM: By: ~~r~ U Cl.ty Attorney ... _"",at... ....... named, and act<nowlodgod to me _ouch cor- potation executed the wit"in instrument purauant to ita ~IaWl or . _ 01 ita boord 01 diroct.... WITNess rrry hand and _I ani. Signat_ (This ..... for officte' notariel ...1) 1144 (6/82) ...)<'t!'" MAIL TAX STATEMENTS AS DIRECTED ABOVE -' . , . . . , . . ,~~R0101 8/14/85 BDB (Appurtenance to Tentative Tract No. 12958) . . EX HIBJT ';6." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LEGAL DESCRIPITCN A PORl'ICN OF SEcrICN 21, TOmSHIP 1 NORm, RANGE 4 WEST, AS niE LINES OF THE GOVERNMENT SURVEY MAY BE EXTENDED ACROSS THE RANCHO MUSCUPIABE, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, :AS PER PIATRECORDED IN BOOK 7 OF'MAPS, PAGE 23, RECORDS OF SAID COUNTY, DESCRIBED AS FOI.LC:mS: ' BmINNING AT A PoINT IN THE EASTERLY LINE OF wr 1, TRACT NO. 11330, AS PER MAP RECORDED IN BOOK 177 OF MAPS, PAGES 57 AND 58, RECORDS OF SAID . COUNTY, SAID POINT BEING niE NORnlERLY TERMINUS OF SAID EASTERLY LINE SHOWN ON THE MAP OF SAID -TRAcr AS HAVING A BEARING AND DISTANCE OF N 00013'52" E, 640.00 FEET; niENCE CONTINUING EASTERLY AUN; THE 00UNDr\RY LINE OF SAID wr S 89052'30" E, 174.87 FEET; niENCE LEAVING SAID OOUNDARY LINE S 34052'39" W, 65.55 FEET; niENCE WESTERLY AND PARALLEL TO IAST , . SAID OOUNDARY LINE N 89052'30" W, 60.00 FEET; THENCE S 37025'27" W, 70.48 FEET.TO A POINT IN A LINE PARALLEL WIni AND 35.00 FEET, MEASURED Kr RIGHT ANGLES, EASTERLY OF SAID EASTERLY LINE; niENCE SOUTHERLY PARALLEL WIni SAID EASTERLY LINE S 00013'52" W, 251.09 FEET; niENCE S 67014'25" W, 38.02 FEET TO A POINT IN SAID EASTERLY LINE; niENCE NORnlERLY AUN; SAID IAST MENTICNED LINE N 00013' 52" E, ~ 4 PSOMASfHARRISON 8< ASSOCIATES OVH. ENGINEERS 3901 UME smm lAND PlANNERS llIVERSIOE. CA 92501 lAND SURVEYORS PHONE (714) . 787-8421 ..,.. . . ..... .'/ ",-- , ~; :",' . . ........ .,;.. ,. " .. ... . . . .. A ,.q::w17G7A1' (?~ ~~ ~ I. T." / Ai R.4U/. A~ THE L/A/ES "~THG 6'()VG~WMENT .R/RY.4V /H.tfy BE E.t'7:EA/P.EP AC.ee:J.6'$ T#G .R...4VCN" .M'Q~&'U'p~. o &::"A~G: O/"~'. ~ ......:.. . ::'-'.;..: - .... ., "~:. '. I ~ l:) . ;;:; !l\ l\'i ~ I I Ezr ~/#E LoOT .1 r.e Ald. II~!JO ~ ~ ~~ , ~ ~~ ~ ~.~ ~. ' \), ~~ tl\ ~~ ~ " " ~ ~ ~ ~ () ~ ~ ~ ~ ~ ~ ~ ~ I\'i ~ ~ r ~ ~ ~ ~ ~ , ~ . ~ A,if. . 4V ,,,11'~o.V ',A, ~' .f) . A/.49"Se~1V , tIGa t:)(;)' ~~'".G2 ~"'.: I?~ 6?' ~ .~ ~ .~B. ,.. . ^ " ,~ ... . ,-,. - , ~ ~ t ~. r (,.'.. t. A . . , . " . 2 I . 6 6 7 8 9 BEGINNING AT THE NORTHWEST CORNER OF THE lAND DESCRIBED IN THE DEED TO FOREST to PAGE RECORDED .lIU 20. 1927. IN BOOK 255. PAGE 78. OFFICIAL RECORDS. THENCE SOUTHERlY .. ~ONG THE WESTERlY LINE OF LAST SAID LAND 50.14'15.... 456.30 fEET TO THE TRUE POINT t2 OF BEGINNING. THENCE CONTINUING ALONG LAST SAID WESTERlY LINE $0.14.15.... 605.00 t3 FEET. THENCE LEAVING LAST SAID LINE 585.43'25.... 80.00 FEET. THENCE N33.18'19.... t. 199.52 FEET. THENCE NO'14'15.E. 225.00 "FEET. THENCE 1141.03'10.E. 290.69 TO THE ~ DESC,p/,o t5 TRUE POINT OF BEGINNING. ,ff ~~ A PORTION OF SECTION 21. TOWNSHIP 1 IORTH. RANGE 4 WEST. AS THE LINES OF THE IOVERtIIENT SURVEY MY IE EmNDED ACROSS THE RANCHO IIISCUPIABE. IN THE CITY OF SAN BERNARDINO. COUNTY OF SAN BERrWmINO. STATE OF CALIFORNIA. AS PER PLAT RECORDED IN BOOK 7 OF IMPS. PAGE 23. RECORDS OF SAID coutrrY. DESCRIBED AS FOLLOWS: t6 t7 t8 t9 20 21 22 23 2. 25 26 27 28 29 30 31 32 ~'" I ~O A PSOMAS/:RRISClN CM RlIm aIIDllM - I ~ USSOQA1ES l:'== ~:~~~. j. "., . ., ,... .- .'" '1'_' ~ f I ~ '.-. ~ , ~ - -, ;;.:,:_n,._":~-,,,_ .o....;_'"--....,'_~..;:.:;~~~_ .. . (.- .. ... ," '.... .. A A:Wl1c?N ~"L"n~ ~cf./~,~~t# IK tit,. #/G HAl,. IF ml ~GA'NMa'r ~ AMrMQr4'NNPAarJII TNG AoIAeN6 A~~/A"A: D R"MI: t1 /',g' I I ~~ ~~ ~, ~~ ~~ ~, \) ~ , ~.. . \\ ,,.. 'lI~ ~I:) III . ~~ ~~ t~ .~ Il\ , I ~ ~ ~ ~ ~ t\ ~ 1\ l ~ ~ ~ ~ I ~ ~ ~ .~ ~ ~~ t) I I T~8 A/.W~tJF~NPAE6CRI6EP /N PEEP R) ~~ST. 91lF1 AR'>>1'4!"D ~ y~ /!1'7 /N~ r65,~ 74 4&"rN'A~ ~P~. .