HomeMy WebLinkAbout1986-133
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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:
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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"
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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
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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,
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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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~ -4 PSOMAS/HARRISON
~.... & ASSOCIATES
eVil ENGINEERS 3901 UME STREET
LAND PLANNERS RIVERSIDE. CA 92501
LAND SURVEYORS PHONE (714) 0 787.8421
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