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HomeMy WebLinkAbout1986-133 i I I 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 RESOLUTION NO. 86-133 A RESOLUTION OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE AGREEMENT FOR EXCHANGE OF REAL PROPERTY BETWEEN THE CITY OF SAN BERNARDINO AND BLOCK BROS. INDUSTRIES (U.S.A), INC. BE IT RESOLVED by the Mayor and Common Council of the City of San Bernardino as follows: SECTION 1. RECITALS A. The City of San Bernardino entered into an Agreement for Exchange of Real Property, Grant of Easement and Escrow Instructions on November 22, 1985, authorized by Resolution No. 85-454 with Block Bros, Industries (U.S.A.), Inc. B. The City of San Bernardino and Block Bros. Industries (U.S.A.), Inc. now desire to amend the Agreement to extend the close of escrow and redefine the Fire Access Road Easement. SECTION 2. AUTHORIZATION FOR AMENDMENT OF AGREEMENT The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a First Amendment to the Agreement for Exchange of Real Property with Block Bros, Industries (U.S.A.), Inc., a copy of which is attached hereto, marked "Exhibit A", and incorporated herein by reference as fully as though set forth at length, and to deliver into escrow the Amendment and Fire Access Road Easement required thereby. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a requ1ar meeting thereof held on the 7+h day of April , 1986 by the following vote to wit: 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 Strickler AYES: Council Members: Reilly, Marks, Quiel, Frazier, NAYS: None ABSENT: Council Members Estrada. Hernandez (Seal) ~11~!!/b SHAONA CLARK, CITY CLERK day of //.1 Vi /" I ~ Ji;..- 'J_ J... , The foregoing Resolution is hereby approved this I~~~/ , 1986. APPROVED AS TO FORM: ~~/co . # 1 /~c'-/ City ttorney ig~ (iI~/ MAYOR OF THE CIT OF SAN BERNARDINO --2- ) SJD/mwb 02/26/86 File No. l3520 FIRST AMENDMENT OF AGREEMENT FOR EXCHANGE This First Amendment of Agreement for Exchange (the "First Amendment") is entered into to be effective on #-//- ,f~ ' 1986, between THE CITY OF SAN BERNARDINO, a municipal corporat1on ("City") and BLOCK BROS. INDUSTRIES (U.S.A.), INC., a Washington corporation ("Block") with reference to the following facts: A. City and Block executed that certain Agreement for Exchange of Real Property, Grant of Easements and Escrow Instruc- tions dated. to be effective as of November 22, 1985 (the "Agree- ment") . B. City and Block now desire to amend the Agreement as provided herein. THEREFORE, City and Block hereby agree as follows: l. Definitions. Except as otherwise expressly pro- vided herein, the cap1talized terms used in this First Amendment shall have the same meanings as are given such terms in the Agreement. 2. Close of Escrow. Paragraph 4.02 of the Agreement is amended by delet1ng the date "August 31, 1985" therein and substituting in lieu thereof the date "July 31, 1986." 3. Fire Access Road Easement. Exhibit "I" to the Fire Access Road Easement wh1ch appeared as Exh1b1t "E" of the Agreement is hereby deleted and the attached Exh1b1t "1" is substituted in lieu thereof. 4. Counterparts. This First Amendment may be exe- cuted in counterparts, each of which shall be considered an original and all of which taken together shall constitute one and the same instrument. 5. Ratification. Except as expressly modified here- in, the terms and cond1t1ons of the Agreement are hereby ratified and confirmed. Attest: By: ~f.ntl.atl/ --c~ ty C erk. AP~ved as to Form: B ~~ City At orney "City" BLOC INC. " By: By: Title: EXHIBIT "A" 2 3 4 5 6 7 8 9 10 4MAR0101 2/18/86 - TFW APPURTENANT TO TENT. TR. NO. 12955 FIRE ACCESS ROAD & SLOPE EASEMENT THAT PORTION OF LOT 1 OF TRACT NO. 11327, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 179, PAGES 97 AND 98 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THAT CERTAIN COURSE IN THE SOUTHERLY BOUNDARY OF SAID LOT 1 SHOWN ON SAID MAP AS NORTH 11 760 38' 06" WEST, 335.57 FEET, DISTANT THEREON NORTH 760 12 13 14 15 16 17 38' 06 II WEST, 113.06 FEET FROM THE SOUTHEASTERLY TERMINUS THEREOF, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 125.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT HAVING A BEARING OF SOUTH 880 50' 44" EAST; THENCE NORTHERLY AND NORTHWESTERLY ALONG SAID CURVE 118.03 FEET THROUGH A CENTRAL ANGEL OF 540 OS' 18 56 "; THENCE TANGENT TO SAID CURVE NORTH 520 56' 40" WEST, 19 20 21 22 23 24 25 26 27 28 29 30 31 32 125-.89 FEET; THENCE NORTH 700 17' 58" WEST, 40.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT HAVING A BEARING OF SOUTH 700 17' 58" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE 36.99 FEET THROUGH A CENTRAL ANGLE OF 420 23' 02"; THENCE SOUTH 480 52' 41" EAST, 171.53 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 65.00 FEET, SAID CURVE BEING CONCENTRIC WITH THAT CERTAIN CURVE HEREINABOVE DESCRIBED AS HAVING A RADIUS OF 125.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 43.39 FEET THROUGH A CENTRAL ANGLE OF 380 14' 35" TO SAID SOUTHERLY BOUNDARY OF LOT 1; THENCE ALONG SAID SOUTHERLY BOUNDARY SOUTH 760 38' 06" EAST, 62.79 FEET TO THE POINT OF BEGINNING. 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