HomeMy WebLinkAbout1986-285
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RESOLUTION NO. 86-285
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADOPTING AN OVERLAY ZONE PLAN IMPOSING
3 ARCHITECTURAL DEVELOPMENT STANDARDS FOR THE VICINITY OF FORTIETH
STREET AND SIERRA WAY.
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WHEREAS, the Mayor and Common Council reviewed and
5 considered an architectural development overlay zone on July 7,
6 1986; and
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WHEREAS, there is need for supermarkets and for neighborhood
8 convenience shopping centers to serve surrounding residential
9 areas; and
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WHEREAS, the area which is the subject of this overlay zone
11 is blighted and the proposed architectural development standards
12 will be an asset to the co~~unity by upgrading the area both
13 aestheticly and economically,
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
15 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council,hereby adopt an
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overlay zone plan imposing architectural development standards
18 for the vicinity of Fortieth Street and Sierra Way in the City of
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San Bernardino. The overlay zone shall contain the following
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rovision:
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The property subject to the architectural development
verlay zone is located at the northwest corner of the
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intersection of Fortieth Street and Sierra Way, on property
escribed in Exhibits A-I, A-2, A-3, A-4, A-5, A-6, and A-7,
ttached hereto and incorporated herein by reference, and in the
ite plan labeled Exhibit B and incorporated herein by this
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reference.
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SECTION 2. Utilities. All water drainage systems or
structures, water mains, sewers, water sprinkler system lines,
telephones or electrical conduits or systems, gas mains, and
other public utilities instrumentalities shall be installed and
maintained below the ground level of the property.
SECTION 3. Ri9ht to Construct.
(a) Development. All of the area within the Real Property
to be used in common shall be referred to as "Common Area", and
said Common Area includes all areas within the Real Property
other than "Building Areas;" said Common Area is delineated on
the plot plan which is Exhibit B hereto; said Common Area has
been or shall be developed substantially as shown on said Exhibit
B; and said Common Area shall not be used for any other purpose
than the parking of motor vehicles and their ingress and egress
and the ingress and egress of pedestrians; provided that:
(i) The area outlined in red directly in front of the
building shown as cross-hatched on Exhibit B hereto may be used
by the occupant of said building for the sale of Christmas trees
from December I through December 24 of each year and for its
annual spring patio sale for any three (3) consecutive week
period during each year; and
(ii) The occupant of the building shown as cross-hatched on
Exhibit B hereto may establish and operate in the portion of the
Common Area designated as single-hatched on Exhibit B hereto a
recycling center for the collection of items intended for
recycling, such as (but not limited to) aluminum cans and
bottles, upon giving written notice thereof to the Director of
Planning.
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(b) No building or structure of any kind shall be erected
on any portion of the Real Property except upon those portions
designated "Building Area" on Exhibit B hereto; provided, that
there may be constructed and maintained upon or over said Common
Area a canopy or canopies or exterior building facia projecting
from such Building Area; normal foundations and doors for ingress
and egress may project from such Building Areas; and signs may be
erected upon said canopy or canopies, or exterior building facia,
so long as said signs do not obstruct the signs of any other
10 owner or owner's tenant of the Real Property. No signs other
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than the signs provided for hereinabove, directional signs for
guidance upon the parking and driveway area, and signs at the
locations shown on Exhibit B hereto, shall be erected or
maintained upon the Common Area or Building Area of the Real
Property, except such as obtain the written approval of one
hundred percent (100%) of the owners of the Real Property and the
tenant of the building within the area shown as cross-hatched on
Exhibit B hereto.
(c) No building or structure shall be hereafter erected on
20 the Real Property which shall exceed one (1) story in height, nor
21 shall any such building or structure exceed twenty-three (23)
22 feet in height, except the building shown as cross-hatched on
23 Exhibit B.
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(d) In the development and use of the Real Property there
25 shall not be established or maintained any building, structure or
26 area for the transaction of business, whether for retail sales or
27 other purposes, for which there shall not be established and
28 maintained a Common Area containing approximately three (3)
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square feet of parking, driveway, sidewalk and landscaping area
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for each one (1) square foot of floor area of all buildings,
structures or areas to be used for commercial purposes in the
Real Property, provided that in the event the plot plan which is
Exhibit B hereto provides for parking, driveway, sidewalk and
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landscaping facilities in a ratio other than a ratio of three (3)
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square feet of parking, driveway, sidewalk and landscaping area
for each one (1) square foot occupied by buildings, then, in the
event, such plot plan shall prevail notwithstanding the above
provision concerning such ratio.
SECTION 4. Restrictions on Use.
(a) No portion of the Real Property other than the building
within the area shown as cross-hatched on Exhibit B hereto shall
be occupied or used, directly or indirectly, for the purposes of
a general market or a grocery store, meat market, fish market,
fruit store, vegetable store, delicatessen, store selling
alcoholic beverages for off-premises consumption, prescription
pharmacy, or any combination thereof; provided, however, that the
foregoing shall not apply to the sale of meat, poultry, fish,
grocery items and/or beer and wine for on-premises consumption
only by one (1) delicatessen so long as such delicatessen does
not occupy more than three thousand five hundred (3,500) square
feet of the Real Property which can only be located within the
buildings designated A, C, D, E, F and G on Exhibit B hereto.
Furthermore, however, the foregoing restrictions shall not apply
to the operation of one (1) restaurant of up to four thousand
(4,000) gross square feet, including the sale of alcoholic
beverages on-sale license, provided that the foregoing is located
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in the northerly forty (40) feet of the building designated as
Building D on Exhibit B hereto or the easterly one hundred (100)
F & G
feet of the building designated as Building E^on Exhibit B
hereto.
(b) The restrictions set forth in (a) above shall not apply
to the Bank of America and the Roaring 20's Pizza, or their
sublessees, assignees, transferees or successors; however, if
these businesses cease operation, and their successors do not use
the premises for the same or similar use, the restrictions of (a)
above shall apply to their successors.
(c) No portion of the Real Property shall be occupied or
12 used, directly or indirectly, for the purposes of an office
13 building, entertainment or recreational facility or a training or
'14 educational facility; provided, however, that the foregoing shall
15 not apply to the use of the northerly (40) feet of the building
16 designated as Building D on Exhibit B hereto nor to the easterly
17 one hundred (100) feet of the building designated as Building E
18 on Exhibit B hereto as offices for service oriented activities
19 such as those performed by a travel agent, finance company, real
20 estate broker or insurance agent. As used herein, "entertainment
21 or recreational facility" includes, but is not limited to, a
22 bowling alley, skating rink, theater, billiard room, health spa
23 or studio, massage parlor, amusement arcade, bar or tavern, or
24 gymnasium or any other place of public amusement; and "training
25 or educational facility" includes, but is not limited to, a
26 beauty school, barber college, place of instruction, reading
27 room, or any operation catering primarily to students or trainees
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that the parking and other common facilities should not be
burdened by either large scale or protracted use.
(d) Duration. Except as otherwise provided herein, each
easement shall be in perpetuity and each other covenant, setback
line, restriction and undertaking of this document shall be for
the term of forty (40) years from the date hereof.
(e) Injunctive Relief. In the event of any violation or
threatened violation by any owner, lessee, or occupant of any
portion of the Real Property of any of the terms, covenants,
restrictions and conditions contained herein, in addition to the
other remedies herein provided, any or all of the owners and
tenants of the property included within the Real Property shall
have the right to enjoin such violation or threatened violation
in a court of competent jurisdiction.
(f) Not a Public Dedication. Nothing herein contained
shall be deemed to be a gift or dedication of any portion of the
Real Property to the general public or for the general public or
for any public purposes whatsoever, it being the intention that
this resolution shall be strictly limited to and for the purposes
herein expressed.
(g) Violation. Any violation of the terms of 'this
resolution shall be an infraction and shall be enforced by the
zoning enforcement officer and otherwise shall be treated like
any other zoning violation.
SECTION 5. No color scheme or exterior building materials
other than those shown on Exhibit C, on file with the Director 0
Planning, shall be used.
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SECTION 6. No architectural elevation other than shown on
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Exhibit E on file with the Director of Planning shall be used.
SECTION 7. The maximum building coverage of all buildings
on all lots shall not exceed thirty-three percent (33%) of the
total site area, exclusive of public rights of way.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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Bernardino at an adj ourned reqular meeting thereof, held on the
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day of
July
, 1986, by the following vote, to
10th
wit:
Council Members Estrada Reill
AYES:
Marks
Strickl,r
NAY S :
None
ABSENT:
Council Members Hernandez. Ouiel. Frazier
~~~
.A:a:z/#'?/, :' /~..q . 'l
,Y City Clerk
/'f eLday
of
T~:l:oregOin: ::::~ution is h~bY a~proved thi~
1:;/ /1:</ .,/ /
/:I;,.,.,.<ft/ (:;(<:4/
Mayo~/-6.j / tit; City ~e,9<ardino
~ '-fJ'lV li~~1.<- L
Approved as to form:
/f/ ,..II/? '"
{/-'-(fC~.1/JJf/~
City Attorney
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THE lAND REFERRED TO IN THIS "REPORT 15 SITUATED IN THE STATE OF
CALIFORNIA. COUNTY OF ~SAN '~l"ARDl"O AND 15 DESCRI8ED AS FOllOWS:
PARCE NO. 1: ,~ " , '. ""
.' . .. ,
, THAT PORTION OF RANCHO MUSCuPIA8E. IN THE CITY OF SAN 8ERNARDINO.
COUNTY OF SAN 8ERNARDINO. STATE OF CALIFORNIA. AS PER MAP RECORDED
IN BOOK 7. PAGE 23 OF MAPS,'''1N THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY. AND BEING A PORTION OF THE SOUTHWEST t OF THE .
SOUTHEAST t OF SECTION 15. TOWNSHIP 1 NORTH. RANGE 4 WEST. SAN 8ER-
NARDINO MERIDIAN. UNSURVEYED. IF THE SECTION LINES WERE EXTENDED
ACROSS SAID RANCHO. DESCRI8ED AS FOllOWS: "
"
8EGINNING AT THE INTERSECTION OF THE WEST LINE OF SOUTHEAST t OF
SAID SECTION 15 AND THE WESTERLY EXTENSION OF THE NORTH LINE OF
40TH STREET AS CONVEYED TO THE CITY OF SAN 8ERNARDINO BY DEEDS
RECORDED MAY 15. 1958. IN 800K 4509 OF OFFICIAL RECORDS. PAGES 301
AND 307. RECORDS OF SAID COUNTY; THENCE NORTH ALONG THE WEST LINE
OF SAID SOUTHEAST t. 130.85 FEET TO A POINT 14S FEET NORTH OF THE
SOUTHWEST CORNER OF THE SOUTHEAST l OF SAID SECTION lS: THENCE EAST
150.00 fEET; THENCE NORTH '0.00 FEET. THENCE EAST 15.00 fEET;
THENCE NORTH 188.00 fEET TO THE SOUTHWEST CORNER OF THE lAND CON-
VEYED TO BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION BY~
DEED RECORDED SEPTEMBER ). 1958. IN 800K 4S93 OF OFFICIAL REC"ORDS. "
PAGE 162; THENCE EASTERLY ON A LINE PARALLEL TO THE NORTH LINE OF SAID
40TH STREET 324.99 FEET. MORE OR lESS. TO THE WEST LINE OF THE 20
FOOT ALLEY SHOWN ON THE MAP OF TRACT NO. 2838. RECORDED IN BOOK 39
OF MAPS. PAGE 13. RECORDS OF SAID COUNTY; THENCE SOUTHERLY ALONG
THE WEST LINE OF SAID ALLEY 379.00 FEET TO THE NORTH LINE OF SAID
40TH STREETi THENCE WESTERLY ALONG THE NORTH LINE OF SAID 40TH
STREET 489.03 FEET. MORE OR lESS. TO THE POINT OF BEGINNING.
PAR eEL .N o. 2 :
ALL OF LOTS 20 AND 21. TRACT NO. 2838. GAMES BUSINESS SUBDIVISION,
IN THE CITY OF SAN BERNARDINO. AS PER MAP RECORDED IN BOOK 39. PAGE
13 OF MAPS. IN THE OFFICE OF'THE COUNTY RECORDER OF SAID COUNTY.
AND THE NORTH 11 FEET OF1THAT PORTION OF THE EAST t OF TijE SOUTH-
WEST t OF THE SOUTHWEST . OF THE SOUTHEAST t OF SECTION !~.
TOWNSHIP 1 NORTH. RANGE 4 WEST. SAN 8ERNARDINO MERIDIAN. UNSUR-
VEYED DESCRIBED AS FOLLOVS:~
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COMMENCING AT THE INTERSECTI~N OF THE WEST LINE OF STATE HIGHWAY
AND THE NORTH LINE OF 40TH STREET AS SAID STREET AND HIGHWAY
EXISTED ON MARCH 30. 1939. THENCE NORTH ALONG THE WEST LINE OF SAID
STATE HIGHWAY 100 FEET TO THE TRUE POINT OF BEGINNING. SAID TRUE
POINT OF 8EGINNING BEING THE NORTHEAST CORNER OF PARCEL OF lAND
CONVEYED TO EOWARD MERLE FISHES AYQ3RUTH INMAN fISHER, HUS8AND AND
WIFE. 8Y DEED RECORDED APRIL 2~. 1~ ~. IN BOOK 1}44 OF OFFICIAL
RECORDS. PAGE 409. RECORDS OF SAID COUNTY; THENCE NORTH ALONG THE
WEST LINE OF SAID STATE HIGHWAY. 55.33 FEET TO THE SOUTHEAST CORNER
OF A PARCEL OF lAND CONVEYED TO EARL J. GAHt AND CLARA F. G~ME.
HUSBAND AND WIFE. BY DEED RECORDED JULY I. 1937. IN BOOK 1218 OF
OFFICIAL RECORDS. PAGE~l. RECORDS OF SAID COUNTY; THENCE WEST
ALONG THE SOUTH LINE OF SAID PARCEL OF lAND CONVEYED 10 EARL J.
GAME. ET U~.. 135 FEEl' T~NtE SOUTH AND ~ARALlEL WllH THE WE~l
LINE OF SAIO STATE HIGHWAY, 55.33 fEET TO THE NORTHWEST CORNER OF
PARCEL OF lAND CONVEYED ,TO EDWARD MERLE FISHER AND VIFE. HEREIN-
8EFORE MENTIONED: THENCE 'EAST ALONG THE NORTH lINE OF SAID PARCEL.
135 FEET TO THE TRUE POINT OF IEGINNING. ~
EXHIBIT A - ,
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, '. '"Co ~""" ,,~r.c,"",,"." .v..." .n.. ...' ,,", .. ...v"""" an ..... "...... w' ."'..., ..........
GU"" OF' SAN IEANAROIMO AND II DCICRIIID AS 'OL~O'S:
.A~,-_\.. NO. II:
1l I
H" T POIlTlON O~ RANCHO Must...l..t. IN JHE CITY or SAN 'ERNAR DINO.
':OUI~n OJ'" SAN BEqtl^~DlMO. STUI OF CALIFORNIA AS PER PI.AT THEREOF
. __,~ CO~OEO 1 N BOOI( 7 or MAPS. ItAGE 23. MtCO~DS or SAID COUNTY. 8E1 MG
.. . POwT ION OF THE SOUTHWEST DUARfER OF THE SOUTHUST OUA~Tl!lt OF SECT ION
5. rOW~!.HIP 1 N!)~TH. !U'NeE 4 'WEST. SAN BERHARDINO BASE "NO MEltIOIA,I.
r TH~ SECTION I.INtS ~ERE EXTENDED AC~OSS SAID RANtH!). DESCRIBED AS
f)' · 0 \1 S · ~
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OI-lHENCIIlG AT rHE INTERSECTION OF THE WEST I.INE OF THE SOUTHEAST
IU.~TER OF SAID S~CTION IS. AND THE UESTEkLY EXTENSI0M OF THE NORTH
l~E OF ~OTH ST~EtTl .S CONVEYED TO THt CITY OF SA" 8ERHARDINO BY
JEEDS ;'lECORDED HAY 5. 1'58. IN BOOK 450' OF OF'FICIA'- ~CORDS.
'AGES 301 AND 307; THENCE NORTH ALO"C THE WEST LINE OF SAID
.OUTIIE" 5 T QU"RTER DO.85 FEtTJ" THtNCE (AS T 150.00 fEE 1; THEMCE
IOHTH 60.00 ~E~T; THE"C~ EAST .15.PO FEETI THENCE NO~TH lea.OO fEET
.0 TH~ TRUE POINT O~ BEGINNING' THENC~CONTINUING NO~TH ON THE SAME
.IWE 6~.OO fEET; THENCE EASTERLY ON A ~IHE PARALLEL TO THE MORTH
.INE Or SAID 40TH STREET. 325.03 FE~T. MORE OR LESS. TO THE WEST
.INE OF TRACT NO. 2338. AS PER PLAT RECORDED IN BOOK 39 OF HAPS.
'AGE 13: THENCE SOUTHERLY ALONG THE ~EST LIME or SAID TRACT. ".00
"EEr: THENCE HESTERLY ON A LINE PA~ALLEL TO THE NO~TH LIHE OF SAID
IGTH STR~ET. 326.99 FEET. MOltE:OR !.ESS. TO THE TRUE POUlt OF
~~ C 1 NNI ;JG. "'.
;U8JECr TO TH~ EXISTING PElfPETUAL NON-EXCLUSIVE EASEMENT FOR INGRESS ANt>
~G~ES!. OVEQ THE ~ASTERlY 18 FEEt OF THE "ESTE~LY 19.5 FE~T OF SAID LAND,
"'~ASURED AT A RIGHT ANG'.E TO THE \rIESTE~LY LitlE OF SAID LAtlO.
~ A He E l !'!Q. 2 B :
A PE,~PE TUA'- NO~~-EXC'_USIVE EASE~NT FOR .ROAD PURPOS~S OV~R THA T CER-
lAltJ ,-AND OESCHI[l~O AS Fot.LOWS:
eEGII~:IING AT A ,,"OIUT ON THE NORTH '.IHE OF 40rH STREET. AS THE S"ME
~xIsrED JUHE I. 195~. It6.5 FEET EAST OF THE WEST LIH~ OF' THE
~Q~TH~AST QUA~T~~ OF SAID SECTION 151 THENC~ NO?TH 378.65 FEET;
THE~CE EAST 18 FEET; THENCE SOUTH 378.85 FEET; THENCE WEST 18
rEET TO TH~ THUE POINf o~ 8~GINtll'~G.
PAl r: ( ,_ tJo. :5 B :
AN EA SHI(NT AND RI GHT OF WAY FM I NGRESS AND EGRESS OVER AND ACHOS 5
hI!;: \tESTE:~LY 25 FEET OF THE NORTH 2B4.SS FEET OF THAT Po~T101l OF
TH~ SOUTIl~ASr QUA.HEq OF SECTlON 15. T(l\'lI~SHIP 1 NQQTH. .tANGE 6
II:: ~ T. SA I~ I3E ~:.a~'W I i~O 8 ASE A,ID MEiU 0 I AN. L Y HIG ~n T Hlt~ T"'~ t4U:iC IJP 1 A8E
,,~tICHO. ll~ THE Courny Of SAN 8ERNARDINO. SUTE OF CALlFORNI". AS
Pcq PLAT ~~CORDE~ IN BOOK 7 or MAPS. PAGE 23. RECO~OS OF SAID
Cou:n Y. CONVEYED TO EDI1~RD MERU nSHER AI~D WIrE. BY OHO RECOIlDtO
JULY 13. 1955. IN SOOK 3689 Of OF;ICIA~ aECO~OS, PAGE 391. ~ECO~OS
oC' S~lO COtJUTY. .
p Ai~CE'_ tlO. 6 B:
~ RIGHT OF ~AY AND EASEMENT 'O~ INGRESS A~O ~GR~SS nVE~ AND ACROSS
TH~T PO~TION OF THE SOUTHEAST QUA~TER OF SECTION 1S. TOVNSHIP 1
NO,UH. RANGE 4 VEST, SAt! 8ERNAltDINO BASE AI~D K'UOIAH. I..YUIG "ITHIN
t-4USCUP I A BE RAtIClh). 1 N '11€ COUNTY OF SAN llEI{MAi~DI"O. S 'HE OF CA\..I-
FORNI". AS PE~ PLAT R~co~OED IN BOOK 7 OF "APS. PAGE 23. ~ECOROS OF
SAID tau"'Y' DESCRIBED AS FOLLOWS:
.
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eECIN~IIUC AT A POINT ""'ICH 15 SOUTH 89.U' EAST 25 FEU FROM THE I'
NO~TH~'~ST coaNEH OF THAT PARCEL OF UNO CONVEYED TO EOt/ARD MtRLE
Ft SHE;{ Atll) t!lrE BY DEED RECORDED JUI.Y 13. 19S5. IN BOO'< '6e9 OF
OHICIIlL HECORDS. PACE-3'1, RECORDS Of SAID COUt~TY: THEI~CE SOUTH 30
HET; THE!~CE SOUTH 89.U' EAST 200 FEET MORE OR LESS TO THE SOUTH-
~~stER'_Y LINE Or 42ND sT'RE\t"al,cQNvElEO to IHt CIty OF SAN'B~RM~R\
oHI~ BY DEED RECO~OEO MAY- 5.. ~8, .1N lOOK S09 .o~ OH.lelAL
~~C~RDS. PAGE 303, THE~CE NORTHWESTEqLV ALONG THE SOUT~fESTERLV
, llle. O~ SAID la2~o STREET 50 FEET "OltE Olt LESS TO Tt4~ M!JST NORTHERLY
crJ~ll::;; Or T~~ LAND COI'IYEYEO TO EO~IARD MERU FlSH~~ AND "IF~. 8'1'
O~tO q~coqOtO APP.Il 13, 19S6, IN BOOK 33~3 O. OF~lCI~l RECORDS.
PIISC: 3~7. pC:CO~D5 OF SAID CQUNTY' THENCE SOuTH 0.01' t1UT 4 HETI
",:.~: .:' .. 09.4~' 'II~ST 160 FEET MOq~ 0; 1,.(:5 TiiniE POINT OF
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THE LAND REFERRED TO IN THIS.h~'ORT IS SITUAT IN THE STATE OF
CALIFORNIA. COUNTY OF SAN IERNARDINO AND IS DESCRIBED AS FOLLOWS:
'.
. ~;~
:,';J PARCEL No.1:
LOTS 13 AND 16. AND THE NORTH'15.30 FEET OF LOT 15. TRACT NO. 2838.
CAME'S BUSINESS TRACT. IN THE'CITY OF SAN BERNARDINO. AS PER PLAT
RECORDED IN BOOK 39 OF MAPS. ,PAGE 13. RECORDS OF SAID COUNTY.
,
!
. ~:"
PARCEL No.2:
LOTS IS AND 16. TRACT NO. 2838. GAME'S BUSINESS TRACT. IN THE CITY
OF SAN BERNARDINO. AS PER PLAt RECORDED IN. BOOK. 39 OF MAPS. PAGE
13, RECORDS Of S~!t' r:OUNTY.. i~;
EXCEPTING THEREFROM THE NORTH 1~.30 FEET OF LOT 15.
PARCEL No.3:
THAT PORTION OF RANCHO MUSCUPIABE. IN THE CITY OF SAN BERNARDINO.
AS PER PLAT RECORDED IN BOOK.7 OF MAPS. PAGE 23. RECORDS OF SAID
COUNTY. AND BEING A PORTION OF THE SOUTHWEST t OF THE SOUTHEAST t
OF SECTION 15. TOWNSHIP 1 NORTH. RANGE 4 WEST. SAN BERNARDINO BASE
AND MERIDIAN. IF THE SECTION LINES WERE EXTENDED ACROSS SAID
RANCHO. DESCRIBED AS fOLLOWS~
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COMMENCING AT THE INTERSECTION .OF THE WEST LINE OF SOUTH~AST t Of
SAID SECTION 15 AND THE WESTERLY EXTENSION Of THE NORTH LINE Of
40TH STREET AS CONVEYED TO THE CITY OF SAN BERNARDINO. BY DEEDS
RECORDED MAY 15. 1958. IN BOOK 4509. PAGES 301 AND 307. OFfICIAL
RECORDS; THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHEAST t
130.85 fEET; THENCE EAST 150~OO FEETI THENCE NORTH 60.00 fEET;
THENCE EAST 15.00 fEET; THENCE NORTH 253.00 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING NORTH ON THE SAME LINE 204.88 fEET
TO THE NORTHWEST CORNER OF LAND CONVEYED TO EDWARD MERLE fISHER AND
WIFE. BY DEED RECORDED JULY 13. 1955. IN BOOK 3689. PAGE 391. OffI-
CIAL RECORDS; THENCE EASTERLY. ALONG THE NORTH LINE OF SAID FISHER
PROPERTY 165.00 FEET TO THE ~ST LINE.Of THE LAND CONVEYED TO
EDWARD MERLE fISHER AND WIfE~BY DEED RECORDED APRIL 13. 1954. IN
BOOK 3363. PAGE 337. OffICIA~ RECORDSI THENCE NORTH 6.00 FEET TO
THE NORTHWEST CORNER Of SAID~LAST MENTIONED fISHER PROPERTY; THENCE
EAST ALONG THE NORTH LINE OFi,THE LAST MENTIONED FISHER PROPERTY.
160.15 fEET TO THE WEST LINE"OF TRACT NO. 2838. AS PER PLAT
RECORDED IN BOOK J9 OF MAPS" 'PAGE 13. RECORDS Of SAID COUNTY;
THENCE SOUTHERLY ALONG THE WEST LINE OF SAID TRACT. 208.97 FEET; TO
A POINT THAT 15 444.00 fEET ~ORTH Of THE NORTH LINE OF SAID 40TH
STREET; THENCE WESTERLY ALONG A LINE PARALLEL TO THE NORTH LINE Of
SAID 60TH STREET 325.03 FEET. MORE OR LESS. TO THE TRUE POINT Of
BEGINNING.
EXCEPTING THEREFROM THAT PORTION TO THE CITY OF SAN BERNARDINO FOR
STREET AND HIGHWAY PURPSOES, AS FOLLOWS:
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BEGINNING AT A POINT .ON THE NORTH LINE OF THE SOUTHWEST l Of THE
SOUTHWEST l OF THE SOUTHEAST t OF SAID SECTION 15. $AID POINT BEING
THE INTERSECTION OF A CURVE CONCAVE 10 THE NORTHEAST AND WITH A
RlDIUS Of 130.00 FEET AND WITH CENTER AT THE INTERSECTION Of A LINE
84.5 FEET NORTH Of AND PARALLEL TO THE NORTH LINE OF THE SOUTHWEST
l OF THE SOUTHWEST I OF THE SOUTHEAST . OF SAID SECTION 15 AND A
LINE 100 FEET EAST OF AND PARALLEL. TO THE WEST LINE OF THE EAST t
OF nlE NORTHWEST t OF THE SOUTHWEST t OF THE SOUTHEAST t OF SAID
SECTION IS; THENCE SOUTHEASTERL'f.. ALONO THE AFOREMENTIONED CURVE TO
A POINT SOUTH OF ANO 45.5 FEET DISTANT FROM THE NORTH LINE Of THE
SOUTHWES T l Of THE SOUTHWEST t OF TH~ SOUTHEAST t OF SAID SECTION
15: THENCE EASTERLY ALONG A LINE 45.5 FEET DISTANT FROM ANO
PARALLEL TO THE NORTH LINE OF THE SOUTHWEST t OF THE SOUTHWEST t OF
THE SOUTHEAST l OF SAID sECtION 15 TO THE WEST LINE OF A 20 FOOT
ALLEY AS DELINEATED OM THE .MAP OF TRAtT NO. 2838. GAMES BUSINESS .
TRACT. AS PER PLAT RECORDED 1M BOOK )9 OF MAPS. PAGE 13. RECORDS OF
SAID COUNTY; THENCE NORTHERLY ALONG THE WEST LINE OF SAID ALLEY TO
THE NORTH LINE OF THE SOUTHWEST.t OF' THE SOUTHWEST t OF THE
SOUTHEAST l OF SAID SECTION 151 THENCE WESTERLY ALONG T~: NORTH
LItlE OF THE SOUTHWEST l OF THE SOUTHWEST t OF .THE so~n"~ ~ q l OF
~f\lD. s~tJI0N 1, ~~ .ut POINT OF 8EGl"-NlNG. I:'Vll ~ ~
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LOT let T~ACl tlO. 2838. IN THE CITY OF SAN BERNARDINO. COUNTY OF
SAtJ a~~NARDINO, STATE~~OF CALIFORNIA. AS PER MAP RECO~OEO IN BOOK
39. PAC~ 13. O~ "APS._ IN TH~ OFFICE OF THE COUNTY RECORDE~ ~~ SAID
CO U t~ T Y . '. ~ ; ,
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TO IN THIS REPORT IS SITUATED IN THE STATE .OF
OFhSAtI BERNARDINO AND IS DESCRIBED AS FOLLOWS:
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THE L~ND REFERRED
CALIFORNl~. COUNTY
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T~E L_ND REFERRED to IN THIS REPORT IS SITU_TED IN T~E STATE .OF
CALIFORNIA, COUHTY~' SA" BERNARDINO AND IS D!SCRI8ED AS FDLLOWS:
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P A ,1C~L 30:
~ot I? raACT NO. 2838. IN TH~ CITY OF SAN 8ERNA~~INO. STATE OF
CA'_IrOP.IIIA. AS PEP. MAP RECORDED IN 8001( 39. PAGE 13. OF MAPS. IN
TH~ OFFICE OF TH~ COUNTY RECORDER O~ 5_10 COUNTY.
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lH~ LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA. COUNTY OF SAH BERNARDINO AND IS DESCRI8ED AS FOLLOWS:
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THAT POqTION OF THE R.NCHO ~USCUPJA'~. IN THE tlTY ~F SAN BERNAR-
DINO, AS PER MAP RECORDED IN-tOOK 7 OF MAPS. PAGE 23, IN THE OFFICE
OF 'H~ COUNTY RECORDER ~F SAID COUNTY. B~INC A PORTION OF THE EAST
ONE-HALF OF THE SOUTH~EST ONE-gUARTE~ OF THE SOUTHWEST ONE-gUA~TE~
OF ThE SOUTHEAST ON~-DUARTER OF SECTION 15, TOWNSHIP 1 NORTH. RANG:
4 UEST. IF THE SECTION LINES WER! !XTEHDED ACROSS'-SAID RANCHO.
D~ SC~1 BED AS FOLLOWS: . ~ ... .
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BEGINNING AT THE INTERSECTION O~ lHE VEST LINE OF THE STATE HIGH~AY
AND lHE NORTH LINE OF 40TH STREET. lMENCE NORTH ALONG THE WEST LINE
OF ~AID STATE HIGHWAY. 155.33 FEET TO THE SOUTHEAST CORNER or THE
L A~JD CONVEYED TO EARL J. G_ME. ET Ul. BY DEED RECORDED JULY 1,-
1537, l~ BeOK 1218, PACE 71, OFFICIAL RECORDS; THENCE WEST ALOHG
THE SOUTH LINE OF SAID GAME PROPERTY. 135 FEETI THENCE SOUTH
PA~AlL~L WITH SAIO STATE HICHWAY 155.33 FEET TO THE NO~lH LINE OF
SAID 4~TH STREET: THENCE.IAST ALONe SAID NORTH LINE 135 FEET TO T~E
POI N T (\ F BEG 1 N t-t 1 t~ G . ..:~.
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~XC~PT THEREF~CM THAT PORTION CONvEY~D TO THE CITY O~ SAN BERHA~-
Dl:~J BY DEED R~CO~DED MAY 15.. 1958, 1~ BOOK 4509. PAC:: 111,. OFFI- -
(IAl ~ECORDS. J
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ALSO EXCEPTING THtR~FROM THE NORTH 11 FEEl THEREOF.
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ALSO EXC~PTING TH:REFROH THE EAST lOQ F~~T OF THE SOUTH 123 FEET THE~EO~.
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