HomeMy WebLinkAbout1986-425
1
RESOLUTION NO.
86-425
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AMENDMENT NO. 4 TO THE OPERATING AGREEMENT WITH THE
3 STATE OF CALIFORNIA FOR THE SECCOMBE LAKE STATE URBAN RECREATION
AREA.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City
8 Amendment No. 4 to the Operating Agreement with the State of
9 California for the Seccombe Lake State Urban Recreation Area, a
10 copy of which is attached hereto, marked Exhibit "A" and
12 length.
11 incorporated herein by reference as fully as though set forth at
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a regll]ar meeting thereof, held on
16 the 20th day of October , 1986 , by the following vote,
17 to wit:
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25 of
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AYES:
Council Members Estrada, Reilly, Hernandez, Marks,
Quiel, Frazier, Strickler
NAYS:
None
ABSENT:
None
The foregoing resolution
~p~d~ft/
/" City Clerk
is (~~rebY approve.d this ~d2J1c( day
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"< /. \ I / /"
. '.{,/cA,_/ / f../1/J ../ C/t~",r;"
Mayor of the City 0 San Bernardino
October
, 1986.
Approved as to form:
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SECCOMBE LAKE STATE URBAN RECREATION AREA
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OPERATING AGREEMENT
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Amend.ment No. ~.
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THIS AGREEMENT, mane anrl entered into this
day of
10 lq , hy an0 between the STATE OF CALIFORNIA, acting through the Department
11 of Parks and Rpcreation, hereinafter referred to as lISTATE", and the City of
12 San Bernardi no, herei nafter referred to as "LOCAL AGENCYlI.
COURT PAPER
STATE OF CAL.IFORNIA
STD, 113 (REV, 8.721
85 34769
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14 REC ITALS :
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The STATE and LOCAL GOVERNMENT entered into an Agreement on
1.
17 September 30, 1982, am ended February 10, 1983, June 16, 1983, and
18 September 20, 1983, to establish a procedure for the operation and maintenance
19 of the Seccombe Lake State Urban Recreation Area.
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Changes in legislation, terms and conditions, and the requirements
2.
22 of each agency have caused the parties to desire a general rewrite of the
23 Agreement.
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25 NOW, THEREFORE, it is hereby agreed that the Operating Agreement and
26 three amendments are amended as a whole to read as follows:
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WIT N E SSE T H:
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WHEREAS, pursuant to the provisions of Sections 5080.30 et seq. of
4 the Public Resources Code of the State of CaliforniQ, STATE may enter into
5 contracts with any city of the State of California for the care, maintenance,
6 and control, for the purposes of the State Park System, of 1 ands under the
7 jurisdiction of STATE; and
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WHEREAS, STATE and LOCAL AGENCY desire to enter into an Agreement to
10 provide for the care, maintenance, and control of said property described in
11 Ex h i bit II A II by L OC AL AGE N C Y on a co s t s h a r i n g bas i s wit h ST AT E, ash e re i na f t e r
12 provided; and
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NOW, THEREFORE, in consideration of the mutual covenants herein
15 contained, the parties hereto do hereby covenant and agree as follows:
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17
1.
(a) LOCAL AGENCY shall be responsible for the protection, care,
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maintenance, operation, and control of the real property
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hereinafter described in Exhibit "A" attached, which exhibit is
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incorporated herein by reference (hereinafter sometimes
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referred to as "said property"), for the purposes of a State
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Urban Recreation Area in the State Park System. STATE's and
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LOCAL AGENCY's obligation under this Agreement shall not
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commence earlier than the date first above appearing, and
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unless sooner terminated as provided in this Agreement, and
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shall thereafter continue until June 30, 1991.
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COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 6-721
85 34769
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COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 8.721
85 34769
(b) During the period specified in Subparagraph (a) above (said
period), LOCAL AGENCY shall pay all costs of law enforcement
relating to protecting, caring for, maintaining, controlling,
and operating sairl property for said purposes including during
times when property is closed to the public, and STATE shall
not, during said period, be liable for the cost of said law
enforcement relating to said care, protection, maintenance,
control, or operation.
(c) During said period, LOCAL AGENCY shall also pay that portion of
all costs (excluding cost of providing law enforcement as
provided in Subparagraph (b) above) of protecting, maintaining,
controlling, and operating said property for said purposes in
an amount equal to all expenses incurred by LOCAL AGENCY in the
operation of sairl property under LOCAL AGENCY ownership as of
June 30, 1981. Said costs have been established using the base
fiscal year July 1, 1980 through June 30, 1981 and adjusted
annually thereafter for annual changes in the California Price
Index. Sairl costs during fiscal year 1980/81 for said property
under local jurisdiction have been established at $57,950.
(d) During said period, STATE shall, on a pro-rata basis, reimburse
LOCAL AGENCY all costs necessarily incurred by LOCAL AGENCY for
protecting, maintaining, controlling, and operating said
property for sairl purposes after deducting from said costs the
costs contemplated to be paid by LOCAL AGENCY by
Sub par a g ra phs (b) and ( c) a bo v e i nth i sPa rag rap hI, pro v i d ed
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COURT PAPER
STATE OF CAI.IFORNIA
STD. 113 (REV. 8.72)
85 34769
that cost to be reimbursed shall be only to the extent such
costs are incurred in accordance with the approved budget
referred to in Subparagraph (e) below and only to the extent
STATE funds are specifically appropriated for such
reimbursement. During said period, the STATE's liability for
costs and reimbursements set out in this Agreement will
decrease ten (10) percent per year. The first ten (10) percent
decrease will begin July 1, 1986 through June 30, 1987. At the
termination of this Agreement, the remaining fifty (50) percent
would be dropped and the total liability for operation and
maintenance of the park will be assumed by LOCAL AGENCY. Such
reimbursement shall be made within forty-five (45) days after
written invoice therefor has been received by STATE.
(e) Annually during the first four (4) years of said period, on or
before July 1 of each year, LOCAL AGENCY shall submit to STATE
for approval a proposed budget (in a form and detail acceptable
to STATE) for the estimated costs for protecting, maintaining,
controlling, and operating said property during the fiscal year
(July 1 through June 30) beginning the next July 1 after such
submitted date. After approval of such annual budget by STATE
and the State Department of Finance, LOCAL AGENCY shall not
increase or decrease any item of such budget for said fiscal
year or otherwise incur any costs in connection with said
property in any amount not provided for in said approved budget
without the advance written approval of the State Director of
Parks and Recreation and the State Department of Finance, to
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COURT PAPER
ST/l.TE OF C/l.LIFORNI/I.
STD. 113 (REV. 8-721
85 34769
the extent the costs thereof are to be reimbursed by STATE
under this Agreement.
(f) Annually during the first four (4) years of said period on or
before July 1 of each year, LOCAL AGENCY shall also submit to
STATE an operations and maintenance plan for said property
including a facilities maintenance schedule for any facilities
or deve 1 opment located thereon in a form acce pta bl e to STATE
for STATE approval. Said plan shall be compatible with the
General Plan for said property approved by STATE and the budget
submitted by LOCAL AGENCY for approval.
(g) All personal property, including furniture, furnishings,
supplies, automotive and office equipment, and the like,
acquired or to be acquired by LOCAL AGENCY the cost of which,
in whole or in part, is to be reimbursed or is reimbursable by
STATE under this Agreement, shall be deemed owned by LOCAL
AGENCY.
(h) In connection with any development proposed by STATE or LOCAL
AGENCY to be made on said property, LOCAL AGENCY may and STATE
may require LOCAL AGENCY to submit for STATE approval (1) a
written estimate of increases or decreases in costs included
with the approved or the proposed budget for said property, and
(2) written amendments to the proposed operation and management
plan both of which would be required by reason of such
development.
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COURT PAPER
STATE OF CAl.IFORNIA
STD. 113 (REV. 8.721
85 34769
( i ) For pu r pos es 0 f t his Agreement, "l aw en forcement II i nc 1 udes bu t
is not limited to:
(1) Law enforcement services provided by City Police or other
security personnel;
(2) Enforcement of the applicable provisions of the Vehicle
Code, the penal laws of this state and the United States,
and the rules and regulations for said park unit;
(3) Salaries, wages, health and retirement benefits, Workers'
Compensation, vacation and sick leave, and other benefits
for employees engaged in or related to law enforcement;
(4) Training of law enforcement personnel;
(5) Uniforms and equipment, including safety equipment, for
1 aw en forcement;
(6) The defense against any liability, claims, demands,
damages, costs, expenses, and liability costs arising out
of law enforcement activities on or in connection with
said property, and the payment of any judgment arising
from any thereof;
(7) Law enforcement patrol and investigative operations and
functions and associated support effort from initial
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COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 8.721
85 34769
1
patrol response through arrest and prosecution of
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offenders; or
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(8) Any matter incidental to or arising out of anyone or more
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of the foregoing items or out of law enforcement, whether
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or not similar or dissimilar to any of the foregoing items
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1 is ted in th is pa rag ra ph .
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While this Agreement is in force and effect, said property shall, at
10 all times, be accessible and subject to the use and enjoYment of all citizens
11 of the State of California, and all other persons entitled to use and enjoy
12 the same, subject, however, in the manner of such use and enjoYment, to the
13 control of LOCAL AGENCY in conformity with this Agreement. LOCAL AGENCY may
14 adopt rules and regulations for the use and enjoYment of said property. Any
15 such rules and regulations adopted by LOCAL AGENCY shall conform to and be
16 compatible with the rules and regulations adopted by STATE and generally
17 applicable to the State Park System, including said property. Said property
18 ~hall not be userl for any other purpose than the purposes herein enumerated or
19 expressed in the General Plan.
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3.
Subject to prior approval in writing by STATE, LOCAL AGENCY may
22 grant concessions in or upon said property compatible with the use by the
23 general public thereof for park and recreational purposes. The rights of the
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public to the use and enjoYment of said property shall thereupon be limited by
25 such concession agreements. All such concessions shall be granted in
26 substantial compliance with Public Resources Code Sections 5080.20, 5080.33,
27 and 5080.34, and subject to the terms of this Agreement.
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COURT PAPER
STATE OF CAl.IFORNIA
STD. 113 (REV. 8.721
85 34769
.1
4.
LOCAL AGENCY shall establish a schedule for charges, fees, or
2 collections to be made by LOCAL AGENCY for services, benefits, or
3 accommodations to the general public at a level approved by STATE but limited
4 to actual needs for maintenance and operation of said property excluding cost
5 to be paid by LOCAL AGENCY under Paragraph l(b) and (c) above, and that
6 commercialization for profit shall not be engaged in by LOCAL AGENCY.
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All revenues (including all such charges, fees, and collections)
9 received and all expenditures made by the LOCAL AGENCY in relation to
10 concessions, special services, services, benefits, or accommodations to the
11 general public, and in relation to all other matters incident to the
12 development, protection, care, maintenance, control, and operation of said
13 property shall be retained by LOCAL AGENCY for the operation and maintenance
14 of said park.
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6.
Either party may, by its own forces or by contract, undertake
17 projects for the development, construction, or improvement to said property.
18 p;lans and specifications for any such project shall be submitted to the other
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19 party for approval, together with estimates on the effect of such project on
20 reimbursabl e costs under Paragraph 1 above, on income and fees under
21 Paragraphs 4 and 5 above, or on the operations and maintenance plan referred
22 to in Paragraph l(f) above. No such project shall be commenced by either
23 party's own forces or contracts awarded prior to other party's approval of
24 such plans and specifications. Either party has the right to disapprove such
25 plans, specifications, and estimates. Such development, construction, or
26 improvement shall be in accordance with the General Plan. Such plan shall
27 specifically evaluate and define the manner in which the unit is proposed to
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COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 8.72\
85 34769
1 be operated and shall be subject to review for the determination required by
2 Public Resources Code Section 5080.31.
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LOCAL AGENCY is the lead agency for purposes of developing and
5 completing the General Plan for said work. Such plan and any subsequent
6 amendment thereof desired by LOCAL AGENCY shall be subject to, and submitted
7 for, prior approval in writing by State Director of Parks and Recreation.
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7.
Improvements erected on said property by the LOCAL AGENCY or STATE
10 shall, upon completion, become a part of the realty and title to said
11 improvements shall vest in STATE during the term of this Agreement.
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8.
Neither party shall during the term of this Agreement, without prior
14 written approval of other party, remove, move, demolish, or alter in any
15 manner, any improvements, natural features, or accretions existing on said
16 property on the effective date of this Agreement or subsequently occurring.
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If said property or portion thereof is taken by proceedings in
19 eminent domain, STATE shall receive the entire award for such taking except
20 that LOCAL AGENCY shall receive out of said award the fair market value of any
21 improvement then existing and constructed by LOCAL AGENCY (other than
22 improvement the cost of which LOCAL AGENCY has been paid or reimbursed by
23 STATE) on said property as said fair market value may be determined by said
24 proceedings taking into consideration the terms of this instrument.
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26 10. LOCAL AGENCY hereby waives all liability claims and recourse against
27 STATE including the right to contribution for loss of damage to persons or
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COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 8.72)
85 34769
1 property arising from, growing out of, or in any way connected with or
2 incident to this agreement except liability claims arising from the concurrent
3 or sole negligence of STATE, its officers, agents, and employees.
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STATE, to the extent it may 1 ega lly do so and s ubj ect to the
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availability of funds, shall indemnify, hold harmless, and defend LOCAL
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AGENCY, its officers, agents, and employees against any and all liability
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claims, demands, damages, costs, expenses, or costs arising out of the
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negligent acts or omissions by STATE in respect to said property described
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herein which liability claims, demands, or causes of action arise under
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Government Code Section 895.2 or otherwise except for liability arising out of
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the concurrent or so 1 e negl i gence 0 f LOCAL AGENCY, its 0 ffi cers, agents, or
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employees.
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In the event LOCAL AGENCY is named as co-defendant in a legal action
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under the provisions of the Government Code Sections 895 et seq., and STATE is
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served with prucess in such legal action, then STATE shall notify LOCAL AGENCY
: of such fact and if such action relates only to negligent acts or omissions,
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in respect to said property by STATE, then STATE shall, to the extent it may
legally do so and subject to availability of funds, represent LOCAL AGENCY in
such legal action unless LOCAL AGENCY undertakes to represent itself as
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co-defendant in such legal action in which event LOCAL AGENCY shall bear its
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own litigation costs, expenses, and attorney's fees.
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LOCAL AGENCY, to the extent it may legally do so and subject to
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availability of funds, shall indemnify, holrl harmless, and defend STATE, its
officers, agents, and employees against any and all liability claims, demands,
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COURT PAPER
STATE OF CAl.IFORNIA
STD. 113 (REV. 8-721
85 34769
1 damages, costs, expenses, or liability costs arising out of the acquisition,
2 developnent, construction, operation, or maintenance of the property described
3 herein which claims, demands, or causes of action arise under Government Code
4 Section 895.2 or otherwise except for liability arising out of the concurrent
5 or sole negligence of STATE, its officers, agents, or employees.
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In the event STATE is named as co-defendant in a legal action, under
8 the provisions of the Government Code Sections 895 et seq., and LOCAL AGENCY
9 is served with process in such legal action, then LOCAL AGENCY shall notify
10 STATE of such fact and if such action relates to other than negligent acts or
11 omissions, in respect to said property by STATE, LOCAL AGENCY shall represent
12 STATE in such legal action unless STATE undertakes to represent itself as
13 co-defendant in such legal action in which event STATE shall bear its own
14 litigation costs, expenses, and attorney's fees.
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In the event judgment is entered against STATE and LOCAL AGENCY
17 because of the concurrent negligence of STATE and LOCAL AGENCY, their
18 officers, agents, or employees, an apportionment of liability to pay such
19 judgment shall be made by a court of competent jurisdiction. Neither party
20 shall request a jury apportionment.
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22 11. This Agreement shall not, nor shall any interest therein or
23 thereunder, be assigned, mortgaged, hypothecated, or transferred either by
24 LOCAL AGENCY or by operation of law, nor shall LOCAL AGENCY let or sublet, or
25 grant any licenses or permits with respect to the use and occupancy of said
26 property or any portion thereof, without the written consent of STATE first
27 had and obtained.
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1 12. The STATE, to the extent it may legally do so, (1) shall not assign,
2 mortgage, hypothecate, or transfer this Agreement, and (2) shall not let or
3 sublet, or grant any licenses or permits with respect to the use and occupancy
4 of said property or any portion thereof, without the written consent of LOCAL
5 AGENCY first had and obtained.
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7 13. Notices desired or required to be given hereunder or under any law
8 now or hereafter in effect may, at the option of the party giving same, be
9 given by enclosing the same in a sealed envelope addressed to the party for
10 whom intended and by depositing said envelope, with postage prepaid, certified
11 with return receipt requested, in the United States Post Office or any
12 suhstation thereof.
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In the event such notice is being given to LOCAL AGENCY, such notice
15 and the envelope containing the same shall be addressed to the City of San
16 Bernardino, Department of Parks, Recreation, and Community Services,
17 300 North "0" Street, City Hall, San Bernardino, California 92418, or such
18 dther place as may hereafter be designated in writing by or on behalf of LOCAL
19 AGENCY; and in the event that sairl notice is being sent to STATE, said notice
20 and the envelope containing the same shall be addressed to the Department of
21 Parks and Recreation, Post Office Box '2390, Sacramento, California 95811.
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23 14. The attached Standard Form 17A is incorporated herein and the
24 reference therein to contractor shall mean LOCAL AGENCY.
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26 15. Discrimination against any person because of race, color, religion,
27 sex, marital status, national origin, or ancestry of that person is expressly
COURT PAPER
STA.TE OF CA.l.IFORNIA
STD. 113 (REV. 8.721
proh i bi ted .
85 34769
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1 16. The STATE, upon termination of this Agreement, shall transfer in
2 fee, together with all improvements, said property described in Exhibit "A" to
3 LOCAL AGENCY. Immediately upon transfer, all costs for operation and
4 management of the park will be assumed by LOCAL AGENCY.
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IN WITNESS WHEREOF, the parties have executed this instrument.
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9 CITY OF SAN BERNARDINO
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By
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Date
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ATTEST:
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19 APPROVED AS TO FORM:
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Date
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COURT PAPER
STATE OF CAl.IFORNIA
STD. 113 (REV. 6.72)
85 34769 -13-
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
WM. S. BRINER, DIRECTOR
By
Date
1
EXHIBIT "All
2
3
PARCEL 1
4
Lots S through 18, inclusive, of TRACT NO. 2030, FIFTH STREET PLACE
5 SUBDIVISION, in the County of San Bernardino, State of California, as per plat
recorded in Book 29 of Maps, Page 49, records of said County.
6
7 PARCEL 2
8 Lots 1 through 12, inclusive, of FIFTH STREET PLACE, UNIT NO.2, TRACT
NO. 2?75, in the City of San Bernardino, County of San Bernardino, State of
9 California, as per plat recorded in Book 32 of Maps, Page 67, records of said
Co unty .
10
11 PARCEL 3
12 Lots 1, 2, 3, 4, 7,8, and the East 209.98 feet of Lot 9 in Block 4 of the
Five Acres Survey of the RANCHO SAN BERNARDINO, County of San Bernardino,
13 State of California, as per plat recorded in Book 7 of Maps, Page 2, records
of said County, according to the Map of the Survey of said Rancho on record in
14 the County Recorder's Office of said County.
15
PARCEL 4
16
A port ion 0 f Lot 6, Bloc k 4, RAN CHO SAN BE RNARD INO, in the County 0 f San
17 Bernardino, State of California, as per plat recorded in Book 7 of Maps,
Page 2, records of said County, described as follows:
18 :
BEGINNING at a point in the East line of said Lot 6, Block 4, of said Rancho
19 San Bernardino, said point being in the West line of Waterman Avenue and being
391.33 feet North of the Southeast corner of said Lot 6, Block 4, of said
20 Rancho San Bernardino; thence Northerly along the West line of Waterman Avenue
212.50 feet to the South right-of-way line of the Pacific Electric Railway
21 Company; thence Westerly along the South line of the right of way of the
Pacific Electric Railway Company, 351 feet, more or less, to a point 350 feet
22 West of the West line of Waterman Avenue to the True Point of Beginning;
thence continuing Westerly along the South line of the right of way of the
23 Pacific Electric Railway Company 50 feet, more or less, to a point 400 feet
West of the West line of Waterman Avenue; thence Southerly and parallel with
24 the West line of Waterman Avenue, 228.67 feet, more or less, to a point
391.33 feet North of the South line of said Lot 6, Block 4, of said Rancho San
25 Bernardino, said South line of said Lot 6, Block 4, of said Rancho San
Bernardino being the North line of Fifth Street; thence Easterly and parallel
26 with the South line of said Lot 6, Block 4, of said Rancho San Bernardino,
50 feet; thence Northerly and parallel with the West line of Waterman Avenue,
27 2?5 feet to the True Point of Beginning.
COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 8.72)
85 34769
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1 PARCEL 5
2 All that portion of Lot 6, Block 4, Rancho San Bernardino, in the City of San
Bernardino, County of San Bernardino, State of California, as per plat
3 recorded in Book 7 of Maps, Page 2, records of said County, as described in
that certain right of way conveyed to the San Bernardino Arrowhead and
4 Waterman Railroad Co., on September 30,1889, in Book 104, Page 170, of Deeds,
said property being more particularly described as follows:
5
A strip of land 25 feet in width, being a portion of Lots 5 and 6 in said
6 Block 4, described as follows:
7 Commencing at the point of intersection of the centerline of location of said
railroad with the East boundary line fence of said Lot 6, at a point known as
8 Station 18+63; thence running North along said fence 12-5/10 feet; thence
Westerly 12.5 feet from and parallel to said centerline of location, a
9 distance of 391-9/10 feet to the West boundary line fence of said Lot 5, in
said Block; thence South along said fence 25 feet to a point 6 feet North of
10 the Southwest corner of said Lot 5; thence Easterly 12.5 feet from and
parallel to said centerline of location, a distance of 391-9/10 feet to the
11 said East boundary line fence of said Lot 6; thence North 12-5/10 feet to the
place of beginning.
12
EXCEPTING THEREFROM any portion which may be included within the following
13 des cri bed pro perty:
14 All that certain piece or parcel of land being a portion of Lot 6, Block 4,
Rancho San Bernardino, as per plat recorded in Book 7 of Maps, Page 2, records
15 of the County Recorder of San Bernardino County, and being more particularly
described as follows, to-wit:
16
~eginning at a point in the East line of said Lot 6, Block 4, of said Rancho
17 San Bernardi no, sa i d poi nt bei ng in the West 1 i ne of Watennan Avenue and bei ng
391.33 feet North of the Southeast corner of said Lot 6, Block 4, of said
18 Rancho San Bernardino; thence Northerly along the West line of Watennan Avenue
~12.50 feet to the South right-of-way line of the Pacific Electric Railway
19 Company; thence Westerly along the South right-of-way line of the Pacific
Electric Railway Company; 401.25 feet, more or less, to a point 400 feet West
20 of the West line of Watennan Avenue; thence Southerly and 'parallel with the
West line of Waterman Avenue, ?28.67 feet, more or less, to a point
21 ~91 .33 feet North of the South line of said Lot 6, Block 4, of said Rancho San
Bernardino, said South line of said Lot 6, Block 4, of said Rancho San
22 Bernardino being the North line of Fifth Street; thence Easterly and parallel
with the South line of said Lot 6, Block 4, of said Rancho San Bernardino,
23 400 feet to t he poi nt of begi nni ng.
24 ALSO EXCEPTING THEREFROM any portion which may be included within the
following described property:
25
All that portion of Lot 6, Block 4, Rancho San Bernardino, as per plat
26 recorded in Book 7 of Maps, Page 2, records of said County, described as
foll ows:
27
COU RT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 8.721
85 34769
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COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 6.721
85 34769
1
PARCEL S (cont i nued )
2 BEGINNING at the Northwest corner of said Lot 6, Block 4, of said Rancho San
Bernardino; thence Southerly along the East line of said Lot 6 to the
3 Northerly right-of-way line of the Pacific Electric Railway Company; thence
Westerly along said Northerly right-of-way line of the Pacific Electric
4 Railway Company to the North line of said Lot 6, Block 4, of said Rancho San
Bernardino; thence Easterly along said North line of said Lot 6, Block 4, of
5 said Rancho San Bernardino to the point of beginning.
Said parcel of land being further described as all that portion of Lot 6,
Block 4, of said Rancho San Bernardino lying North of the Northerly
right-of-way line of the Pacific Electric Railway Company.
6
7
8
ALSO EXCEPTING THEREFROM all that portion lying within Lot 5 of said Block 4.
9
PARCEL 6
10
All that portion of Lot 5, Block 4, 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, lying within that
certain strip of land, 25 feet in width, as described in that certain grant of
right of way to San Bernardino Arrowhead and Waterman Railway Co., by Deed
recorded on September 30, 1889, in Book 104, Page 170, of Deeds.
11
12
13
14 EXCEPTING THEREFROM all that portion as described as all that portion of
Lot 5, Block 4, Rancho San Bernardino, in the City of San Bernardino, County
15 of San Bernardino, State of California, as per plat recorded in Book 7 of
Maps, Page 2, records of said County, described as follows:
16
Beginning at a point on the Northerly line of said Block 4, a distance of
17 400 feet Westerly from the Northeast corner thereof, said Northeast corner
being also on the intersection of the Westerly line of Waterman Avenue and the
18 Southerly line of Seventh Street, as shown on the Map of said Tract; thence
~long the Southerly line of said Seventh Street, North 890 29' 47" \~est
19 58.156 feet; thence South 00 18' 40" West 633.77 feet; thence
South 890 45' 40" East 58.68 feet to a point which lies
20 North 890 45' 40" West, a distance of 400 feet from the Easterly line of
said Block 4; thence North 00 17' 59" East 633.50 feet to the point of
21 beginning.
22 ALSO EXCEPTING THEREFROM that portion of Lots 5 and 6, of Block 4, Rancho San
Bernardino, in the City of San Bernardino, County of San Bernardino, State of
23 California, as per plat recorded in Book 7 of Maps, Page 2, records of said
County, described as follows:
24
COMMENCE at the intersection of the East line of said Lot 6, with the
25 Northerly right of way line of the Pacific Electric Railway Company; thence
North along the East line of said Lots 6 and 5, a distance of 641 feet to the
26 Northeast corner of said Lot 5; thence West along the North line of said
Lot 5, a distance of 400 feet; thence South parallel with the East line of
27 said Lot 5, to a point on said Northerly right of way line of the Pacific
Electric Railway Company; thence Easterly along the Northerly right of way
line to the point of beginning.
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1
1 PARCEL 7
2 All that portion of Lot 5, Block 4, Rancho San Bernardino, in the City of San
Bernardino, County of San Bernardino, State of California, as per plat
3 recorded in Book 7 of Maps, Page 2, records of said County, described as
follows:
4
Beginning at a point on the Northerly line of said Block 4, a distance of
5 400 feet Westerly from the Northeast corner thereof, said Northeast corner
being also on the intersection of the Westerly line of Waterman Avenue and the
6 Southerly line of Seventh Street, as shown on the Map of said Tract; thence
along the Southerly line of said Seventh Street, North 890 ~91 47" West
7 58.56 feet; thence South 00 181 40" West 633.77 feet; thence
South 890 451 40" East 58.68 feet to a point which lies
8 North 890 451 40" West, a distance of 400 feet from the Easterly line of
said Block 4; thence North 00 171 59" East 633.50 feet to the point of
9 beginning.
10
PARCEL 8
11
Lugo Avenue 60.00 feet wide as delineated on the Map of Tract 2030, in the
12 County of San Bernardino, State of California, as per plat recorded in Book 29
of Maps, Page 49, records of said County, lying between the South line of
13 Sixth Street and the North line of Fifth Street.
14
PARCEL 9
15
Lot A also known as Dillon Alley as delineated on the Map of Tract 2030, in
16 the County of San Bernardino, State of California, as per plat recorded in
Book 29 of Maps, Page 49, records of said County, lying between the South line
17 of Sixth Street and the North line of Fifth Street.
18
19
20
1- 0923Q
21
22
23
24
25
26
27
COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 8.721
85 34769
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