HomeMy WebLinkAbout2008-394
IMPORTANT NOTE - Resolution is
Null and void. The State
sent a letter of withdrawal
1
RESOLUTION NO. 2008-394
2 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND
AUTHORIZING THE EXECUTION OF A RIGHT OF WAY CONTRACT WITH THE
3 STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, AND THE
4 EXECUTION OF A GRANT DEED FOR THE SALE OF CITY OWNED REAL
PROPERTY LOCATED AT THE NORTHWEST CORNER OF BASE LINE STREET
5 AND "H" STREET IN THE CITY OF SAN BERNARDINO.
6
7
8
WHEREAS, the City of San Bernardino (the "City") has been approached by the State of
California, Department of Transportation ("Caltrans"), regarding the acquisition of the Fire
Department Maintenance Facility located at 1208 North "H" Street in the City; and
9
WHEREAS, Caltrans together with the San Bernardino Area Governments ("SANBAG")
10
11 are in the process of widening and improving the 1-215 Freeway within the City, and Caltrans has
12
13
14
determined that the Fire Department Maintenance Facility and the underlying land are necessary
for such widening and improvements to the 1-215 Freeway; and
WHEREAS, based upon a Caltrans appraisal which has not been provided to the City,
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Caltrans initially determined that the Fire Department Maintenance Facility was valued at
$983,000 and Caltrans has provided written documentation to the City to such effect; and
WHEREAS, the City has objected to the Caltrans initial appraised value and retained an
independent appraiser who has valued the land and buildings comprising the Fire Department
Maintenance Facility at $1,430,000 pursuant to an appraisal dated November 8, 2007, and
Caltrans has accepted such valuation figure and has included such $1,430,000 figure in all prior
correspondence and purchase agreements prepared by Caltrans since said date except as herein
set forth; and
WHEREAS, Caltrans had been assisting City representatives and consultants to
determine a suitable relocation site for the Fire Department Maintenance Facility, however,
Caltrans has been unable to satisfY the statutory requirements to assist in the relocation of the
1
2008-394
SOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE
XECUTION OF A RIGHT OF WAY CONTRACT WITH THE STATE OF CALIFORNIA,
EPARTMENT OF TRANSPORTATION, AND THE EXECUTION OF A GRANT DEED FOR THE SALE
F CITY OWNED REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF BASE LINE
2 STREET AND "H" STREET IN THE CITY OF SAN BERNARDINO.
3
4
5
6
7
8
1
Fire Department Maintenance Facility which is a essential function facility required for
maintaining the public health, safety and welfare through periodic routine maintenance of all fire
trucks, other emergency vehicles, fire fighting equipment and ancillary fire apparatus; and
WHEREAS, Caltrans has prepared and submitted to the City a form of property purchase
agreement in the form of a Right of Way Contract (the "Purchase Contract") containing the
9
express provisions whereby the City would be receiving $1,430,000 as compensation for the land
10
and buildings comprising the Fire Department Maintenance Facility while preserving all possible
11
12
13
claims for relocation assistance and claims for loss of business goodwill as may be available to
the City in accordance with the laws of the State of California; and
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, in addition to such form of Purchase Contract as prepared by Caltrans based
upon the good faith negotiations of the City and its representatives and officials, Caltrans also
submitted to the City the following documents which are consistent with the prior negotiations
and the content of the Purchase Agreement: (i) Notification of Right to Claim Loss of Business
Goodwill, and (ii) Notification of Submittal for Relocation Benefits in an effort to induce the
City to execute the Purchase Contract and to cooperate fully with Caltrans notwithstanding the
fact that Caltrans has failed to locate a suitable permanent relocation site for the Fire Department
Maintenance Facility; and
WHEREAS, Caltrans and SANBAG in further negotiation efforts in August 2008,
attempted to rescind the offer in the form of the Purchase Contract as referenced in the preceding
recital and demanded that the City waive all potential claims for loss of business goodwill that
2
2008-394
1
2
3
4
SOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE
XECUTlON OF A RIGHT OF WAY CONTRACT WITH THE STATE OF CAUFORNIA,
EPARTMENT OF TRANSPORTATION, AND THE EXECUTION OF A GRANT DEED FOR THE SALE
F CITY OWNED REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF BASE LINE
TREET AND WH" STREET IN THE CITY OF SAN BERNARDINO.
ay be experienced by the City in accommodating the Caltrans and SANBAG desire to widen
5 and improve the 1-215 Freeway; and
6
7
8
9
10
WHEREAS, Caltrans and SANBAG have failed to demonstrate to the City any urgency
in acquiring the Fire Department Maintenance Facility and the necessity to acquire the fee title
ownership of the Fire Department Maintenance Facility when additional properties have not been
acquired by Caltrans and work on the widening of the 1-215 Freeway in the vicinity of the Fire
Department Maintenance Facility has not been scheduled to commence and Caltrans and
11
12
13
SANBAG have been unable to provide any date certain to the City as to when such efforts will
commence; and
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, Caltrans has submitted written correspondence to the City dated September
24 2008, officially rescinding all prior offers that were the results of good faith negotiations on
the part of the City and its representatives and officials, and the City is now forced to preserve its
rights and remedies with respect to the potential eminent domain action as may be filed by
Caltrans against the City to acquire the Fire Department Maintenance Facility notwithstanding
the fact that Caltrans is unable to obtain a suitable relocation site for the essential function Fire
Department Maintenance Facility, and the loss thereof will severely and negatively impact the
ability of the City to provide continued fire fighting, rescue and emergency responses to residents
of the City and the general public which is a greater public necessity than the convenience of a
freeway widening project; and
WHEREAS, the actions and tactics of both Caltrans and SANBAG as recited herein
constitute grounds pursuant to which the City may seek pre-condemnation damages, attorney fees
3
2008-394
SOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE
XECUTION OF A RIGHT OF WAY CONTRACT WITH THE STATE OF CALIFORNIA,
1 EPARTMENT OF TRANSPORTATION, AND THE EXECUTION OF A GRANT DEED FOR THE SALE
F CITY OWNED REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF BASE LINE
2 TREET AND "H" STREET IN THE CITY OF SAN BERNARDINO.
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
d other costs and damages from both Caltrans and SANBAG in any eminent domain action as
ay be filed by Caltrans based upon their concerted effort and bad faith negotiating activities in
the acquisition of the Fire Department Maintenance Facility; and
WHEREAS, the City desires in a final effort, notwithstanding the bad faith actions of
Caltrans and SANBAG in the misuse of the eminent domain process under California law, to
approve the form of the Purchase Contract that is acceptable to the City and to establish a public
record setting forth the questionable actions and tactics employed by Caltrans in their property
and right-of-way acquisition efforts relative to the Fire Department Maintenance Facility and the
relocation of the functions thereof.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council hereby fmd and determine that the facts
set forth in the above recitals are true and correct in all respects.
That the City Manager of the City of San Bernardino is hereby directed and authorized to
execute on behalf of the City, the form of the Right of Way Contract (the "Purchase Contract")
with the State of California Department of Transportation, a copy of which is attached hereto as
Exhibit "1" and made a part hereof, for the sale of certain City owned property located on the
northwest comer of Base Line Street and "H" Street, in the City of San Bernardino, being a
parcel ofland referenced as Assessor's Parcel Number 0145-221-09, and is more fully described
in a Grant Deed, attached hereto as Exhibit "2" and made a part hereof.
4
2008-394
RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE
EXECUTION OF A RIGHT OF WAY CONTRACT WITH THE STATE OF CALIFORNIA,
1 DEPARTMENT OF TRANSPORTATION, AND THE EXECUTION OF A GRANT DEED FOR THE SALE
OF CITY OWNED REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF BASE LINE
2 STREET AND "H" STREET IN THE CITY OF SAN BERNARDINO.
3
4
5 authorized to execute on behalf of the City, said Grant Deed relative to the sale of City property,
6
7
8
9
10
11
12
13
SECTION 2. That the Mayor of the City of San Bernardino is hereby directed and
a copy of which is attached hereto as said Exhibit "2".
SECTION 3. Said Purchase Contract shall be null and void if either party fails to
execute the Purchase Contract within sixty (60) days after the date of adoption of this
Resolution.
1/1
1/1
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
2008-394
SOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE
XECUTION OF A RIGHT OF WAY CONTRACT WITH THE STATE OF CALIFORNIA,
1 EPARTMENT OF TRANSPORTATION, AND THE EXECUTION OF A GRANT DEED FOR THE SALE
F CITY OWNED REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF BASE LINE
2 STREET AND "H" STREET IN THE CITY OF SAN BERNARDINO.
3
4
5
6 Common Council of the City of San Bernardino at a
7
8
9
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
joint regular
meeting thereof
, 2008, by the following vote, to wit:
held on the
day of
6th
October
Council Members:
AYES NAYS ABSTAIN ABSENT
x
x
x
x
x
x
x
~~ h.~
10 ESTRADA
11 BAXTER
12 BRINKER
13
DERRY
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
KELLEY
JOHNSON
MCCAMMACK
The foregoing resolution is hereby approved this 97)1
day of
October
,2008.
Approved as to Form:
6
, STATE at CALIFORNIA. DEPARTMENT OF TRANSPORTATION
RIGHt'OF WAY CONTRACT - STATE HIGHWAY
RW 8-3 (Rev, 8/95)
San Bernardino,
California
DISTRICT COUNTY ROUTE POST Mn.e R1W E,A,
8 SBD 215 13,04 (KP) 0071V9
(007169)
,2008
CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION
Granlor(s)
Document No. 17925-1 in the form of a Grant Deed covering the property particularly described in the above instruments
have been executed and delivered to Keith Williams, Associate Right of Way Agent for the State of California.
I. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
(A) The parties have herein set forth the whole of their agreement, with the exception of Relocation Benefits and Loss of
Goodwill. The performance of this agreement constitutes the entire consideration for said document and shall relieve the
State of all further obligation or claims on this account. or on account of the location, grade or construction of the
proposed public improvement.
(B) Grantee requires said property described in Document No. 17925-1 for State highway purposes, a public use for which
Grantee has the authority to exercise the power of eminent domain. Grantor(s) is compelled to sell, and Grantee is
compelled to acquire the property.
(C) Both Grantor(s) and Grantee recognize the expense, time, effort. and risk to both parties in determining the compensation
for the property by eminent domain litigation. The compensation set forth herein for the property is in compromise and
settlement. in lieu of such litigation.
2. The State shall:
(A) Pay the undersigned grantor(s) the sum of $1.430.000.00 for the property or interest conveyed by above document(s)
when title to said property vests in the State free and clear of all liens. encumbrances. assessments, easements and leases
(recorded and/or unrecorded), and taxes except:
a. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086
of the Revenue and Taxation Code. if unpaid at the close of escrow.
b. Covenants, conditions, restrictions and reservations of record, or contained in the above-referenced document.
c. Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any.
d. A document subject to all the terms, provisions and conditions therein contained.; Entitled: Grant Deed; Dated: July
24. 1962; By and Between: George N. Voss and Lila A. Voss, husband and wife and City of San Bernardino. a
Municipal Corporation; Recorded: August 27, 1962 as instrument No. 5757. Page 607 of Official Records
e. Any boundary discrepancies, right or claims which may exist or arise as disclosed by a Record of Survey; Record of
Survey No. 05-272; Recorded January 18,2007 as Instrument No, 2007-0035575, Official Records in Book 129.
Pages 30-51
(B) Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the State, the premium
charged therefor.
(C) Have the authority to deduct and pay from the amount shown in Clause 2(A) above, any amount necessary to satisfy any
bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties
and interest thereon. and/or delinquent and non delinquent assessments which have become a lien at the close of escrow.
3. In consideration of the State's waiving the defects and imperfections in the record title, the as set forth in Clause 2(A). the
undersigned Grantor(s) covenants and agrees to indemnify and hold the State of California harmless from any and all
EXHIBIT "I"
RIGHT' OF WAY CONTRACT - STATE HIGHWAY (Cont.)
RW 8-3 (Rev. 6/95)
claims that other parties may make or assert on the title to the premises. The Grantor's obligation herein to indemnify the
State shall not exceed the amount paid to the Grantor(s) under this contract.
4. Should the property be materially destroyed by fire. earthquake or other calamity without the fault of either party. this
contract may be rescinded by State; in such an event, State may reappraise the property and make an offer thereon. All
risk of loss will shift to the Grantee when title has transferred. or when Grantee takes possession. whichever occurs first.
Possession is deemed to be transferred to Grantee when Grantor has vacated the premises and Grantee is entitled to take
possession pursuant to an order of possession. whether or not Grantee has taken actual physical possession of the
property.
5. It is understood and agreed by and between the parties hereto that payment shown in clause 2(A) above includes payment to
grantor for certain improvements located partly within and partly without the right of way area.
Said imorovements consists of: a Main Shoo consistin2 of 5.538SF 2a1vanized metal buildin2. inclusive of the service bav. 2
hvdraulic lifts. jgQ HileR al.if! inll ulllr8fsBlul .__1. 10 x 12 metal door into main shoo. ODen mezzanine area 10 x 80.
restroom with shower. 2-sinks. toilet and lockers. 40FT hi"" cei]in2 with steel beams. (4) 10 x 12 metal slidin2 doors. 10 x
12 break room. tool room. main office and oarts room. 50 w]on water hp....... concrete floorin2. 4Ff chain link fencin2
alon2 south orooertv line and a 3F1' block wall a1on2 north line. combination asDhalt and concrete Davin2. 8-asDhalt Daved
Darkin2 SDaces with bumoers and striDin2. metal Ditched roof. exterior li""tin2 and interior fluorescentli2htin2. and concrete
secondary containment area: Former Fire Station consistin2 of a 7.487SF concrete block buildin2.
6. Grantor(s) warrant(s) that there are no oral or written leases on all or any portion of the property exceeding a period of
one month, and the Grantor(s) further agree(s) to hold the State harmless and reimburse the State for any and all of its
losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor(s) for a period
exceeding one month.
7. State agrees to indemnify and hold harmless the Grantor(s) from any liability arising oul of State's operations under this
agreement. State further agrees to assume responsibility for any damages proximately caused by reason of State's
operations under this agreement and State, will. at its option, either repair or pay for such damage.
8. With the exception of Relocation Benefits and Loss of Goodwill. it is agreed and confirmed by the parties hereto that
notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State.
including the right to remove and dispose of improvements. if any. shall commence on October I. 2008 . and that the
amount shown in clause 2(A) herein includes. but is not limited to, full payment for such possession and use. including
damages. if any. from said date.
9. The acquisition price of the property being acquired in this transaction reflects the fair-market value of the property without
the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous
waste which requires mitigation under Federal or State law, the State may elect to recover its cleanup costs from those who
caused or contributed to the contamination.
10. This transaction will be handled through an escrow with LandArnerica Commonwealth Land Title Company. 27290
Madison Avenue, Suite 300. Temecula. California 92590. Litigation Guarantee 02130]46. Escrow Number 2755386.
2
..
,
RIGHT OF WAY CONTRACT - STATE HIGHWAY (Cont.)
RW 8-3 (Rev. 8/95)
In Witness Whereof, the parties have executed this agreement the day and year first above written.
CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION
By
~ Lori Sassoon
hs ~~ Acting City Manager
APPROVED AS TO FORM:
James F. Penman,
City Attorney
?k
RECOMMENDED FOR APPROVAL:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By:
Keith Williams
Associate Right of Way Agent
Acquisition-District 8
By:
Barbara Baemstein
Senior Right of Way Agent
Acquisition-District 8
Approved By:
By:
Patricia 1. Smith
Right of Way Project Delivery Manager
District 8
Southern Right of Way Region
Date:
No Obligation Other Than Those Set Forth Herein Will Be Recognized.
3
,]
I
!
i
9- l170~OI7
A. :I ,
: ~
C It h ,I
; ::E H~ ~t gl
! ~: : H I
I! >- ij! ;. -
lHc ' .!
;s~l ,; -0 I
!li ~ I' H~!i; ::"'i:!
- I, ~ ," ,
-"' ~
~ G! i Ii 11 I
~~~ ~ ';"'!
n~O I: ~d~ :
q. " di ~ ji ~ ~
~~ :J '"
t: ~ t l: g '-'Iii
~ ~ ..... 0'
l:z:: i~: ~ I~~ 'I
;; i i~;
'eJ a~ ;~t i
a: Ii: r~
~ ~ ~ ;;~
J ~ ~ ~i ~
~em
:~~l
..i '>;-
1.[ : DeLl
~ ~H'~ =~~ j'~~~=
,,; ., ,
, '
, i
t',
if.:
I"
!.f
~
,
~~
~i~
~_.
S3.~
11!~t
~ ~
~ ~
!~
,:~
S~5
.
i :t
~ ~:
i
i
~
~ ,.
" ,
,Ii
,
@t'
'2i;:l<:1
@~I'
@f: I'
~ '
~ :'1
~
1,
~,
~'
,~
t I~
t: :
:1: ~-~ -:..
:1,ln---
" Sli
:[:":;',
:1:
'" .
,llf'
:,; ~:: ;
): <i
I '; _~ - -
~
':-on 1,
;;'J
,
i- .
, .
&..a
..
~ i
,
'~
. (H'.Ol~ 8~
.;~
~.li!
~,-
". !t:
,~
.
I
1<
!.!
j
II
::>!
, ::; ~
E-
I ,
I I'
, ~'
..119
~, ~
21 ~.
"
o m Ii i
": ~~, "
[;!", ~~,:~ i.;:
z:,~~ ~ ,,~.
c ,~ I
@ '1'1 hi tCl t j
~ :1: ta >- ~ I
:@: :)' ~ :s ~,
~ ~ : : g <,) -- '. ~",-, ,
95.~4er. 13I3~'1 ~" Ii i
~ ~ :I~ _~: " ",::: ~ _ NIt'~03n: 4S.7J7 Uol90991 _
. I!!! ' , 'I~ ~ ,~;. , ,
!: : ')' · ~' ~;~5:. i :!~~ E~I~ , ~
I 3 -~:.,,, · -..~ .'-.1 \."~... 11' ~
' "<Ol ~..:. ~.' · . '~I' ~. '. . . "I. r-- ;
, ... ':::l~.. ro ~" ;.~ "~~\~i ,.' i:: :,,~.~~~ t
- "" "8 oi ~'. · '\\ !~,. ..~,-: J-;. ~
@:l ~~ ~k>.' V;!;-~:'ilil.h-.' ~...:;' ~
;p :~: s~ '-_ : ;- l! :el' '1>"l,....~~.~O'J2"t _
[,'= ,~: ~~--~,~..' H ~ I II _~~ 4!I.lllm 1149.99'1
'..ii: , - ""'C1 ~I 'I{T,~ .~~~~: f"" ·
~ .~'~t'~">~.\!~:'I~~~!I' ',I;.~I t6~' I '~J~;!
'~~ ':,'," ". ~'~~ · I ~!' ~ ~,f ~ '. a- ~ ~ .,~ ~
~..~. """ '"", ,. ., I :"i! ' .~. INI. '0'
o,'~ 1<--:' I ' ."'5" i2.... ~ ~/ ~ 8::
tk~ ,,"---~--:~~~.. ""~"~"~~ ,:;"3'~'I /~~ o-~~~~~
::."' -, . ..:--:-,;-----,:.:.;.:. i lli..' '~~.'" ..d:/~'l-N.
./~ :lM.!SIXJ -: ...~-< ",r;.:R ' IQ!~,"<:~"~ ~rnP'- ~ ~ _\C....
t2,755.,j_~ ;,---:l'-' '11 'k~'~~~~,::~;~--~ /
, :~.~. t,.L:w'"'...."c:~.,' :'11 ~~ , . ~~
~~~-':.':..,.~':J.!.~t_.....~,f5f.~~<,,;../Iio~ i.4.es'J." l :, i . IlllP.BASEl.1E. s~, ~!
".., " . - . - ,-.;",. .",''''c'_ -- -- _ , .' r', ~n ,ft ,,""_ "",,',_
." Il1li11.531 - --- - .~n.c7")-"3clIlInl!5:'f~ " 1I'.C5O!n 1601.0")_
- .101.-"!..r4S1lSil _ 21000",111 IlU~1."!9"~1 lIl,lPBASE:LII;( -:.:!
'--- ..! g Ti.,~ uoo \ "'STIlI r I
- 'I-. ~p. ,'''' ""U",_L:>"'"~''' -:. n ~.",~ ,
~---#~~~t!!'I~48T'-<<tMrr-~!i'~::t)-:~m~rl<'--ZJl~JI ~-~~ ~~~ ~
i;7 r - l' "'l""'....~ -,~ 1 t... " I lU41 ,,~ _
_.~L \1.51-')I'\:f--e:_ . I 0:;,-;: r - !:I~ I I.... -~4']ll'Ol''E !J1
I~,",""- ~''''''''''"~''''~~;'':':C': ',~i '"~"Ji'I ,:, ,."~ r--. ~
:t, ~~,,:.:.:~:,~..- o' 0 :;..C, Ij""h I' ~,. ,." ro _ '0"0'
'I' ,;-"~:;. . "'-J 'riii"~O~; ".:) ~;,. . ~ Ip,l ~I<l;~' :"i"
I ~ "J ...-ti~~~.m"E sU Z _I.~ 1::< 1 ~ :iii \1'''''''' .''rl'3n:' '" ;71 z~,
,~, ~,c 'I' ':, c, · ~ Ii! iI!I1"" ,:.:.:: L"'t:l.., ~. ~ ,<. <.
E~ '" t' ~ I :i' ~~' ~'~1 1 -,-?*'"r U5.") I _ __
:",; "7" i ,I ~ .: ., ;...,"''''''''__n nun
- '", ' r;"E E: :0' ----"t '~, ." -~"n~' ,"^
Lj u ~~~ ;;--, 'F.l.,!' ~II .. '~...~_:~~! :~<
I -".; i ~ g~. -", 'I~ ~ ~ ~ '11",.0 !;:~
- 8~ '" - [" rr; 0.1 ~ 1 Q ~ E"':
.HI<! ',', . ""10'" " ~ _ ;"
~t ".-- ......,~!!!:;~: ,I ~, [fi!1 . !@~ ,~1 0'::-
I. ., . ~~~!~~, I il ;:;: 0 ::lA!; ~ ;;;I~~
' . I '~~." : ~'-': -,: ",. "" '." l~8' .,:;
j, ,/' ...~, '\ ~:.~.oa"lllo_~r.\.!,._____ ;..1_ ~,'
~ V 6:" , ~~._\___... "'"''''"
' I,' S '" ~__ '. _~,." . _ . Nn'~21."E
- :~~, r - - 1I10"~1~~ '3U;z.;n\ ~~Ia '\\~\~ _ _ ~ ';- _ _~ _ _ _ _ _._ __
~ I 1@5.'310,"&?T'911,"._I_""['1')'_'_'\:"'NU'lJ)o"E""'I"'_'
~ 14380'11 - ~ J\.;c.; ,0/ '-":'_
' ,-I' .~.:, '- -t:: ....J 8H1n]~~. 'I , . .__,'
tlr+ -\611.,Z"l ~'JMP-=.!ll'lld"CESTAEET-.!~ ",0.:_, ',.: ~i:;i' . '.-: ....9.]2'31"E
'" I 'I . .~~ , _ . ~ ~ ' __ '_ ~! .
~: ~:~,'"", IIIi.~i~ l' '15:~g;- (.;if:; 149.m,' ..Sl!'~ ~&.: ~~';
~ I (~9,'99.t .~4.I(11 ... "0;;:"""1_ i, ~Ol" ,;'
~i riI~ _!i~,'.,-'~~ ~ I~I. .L;..
~ I:@ , j . ~ ~'"~ ! ~gl :
.C ~ I ~ .1/1 fi
'!
I
i
I
L. l \70~0\7
','!.' (ill;". c~
+ 4~~: I' .: ~~1
i~~o- '~ i! ~ ~I ~;H
rr "-"of : '~.,I -
!~;! ~:i
il,. ".. I '.i
~! 1- : ;r~
r;r....,; ~I m
[ 1 Cl !i \!~
t:t i ill
ttH - ;:,,;~
. "rt Nt :iI
il' I ~ ;;j, ;"1
I. . I" . ,!
I~
I",,,,.
EXISTIfl<<;Il/.I;...I&O'OO,I....
t
' .
I"~"
, '.
..
- - - r -.+- --
'I
~~~~~Il~~'ft'j=:~:. .~.~.?!.-t
"";;9",'-i9,'.l
111~.[l(I'
~~
~! ~
~
I
~
[[US
~:_<'"';;;;;
L1rnnL11 -7
::~.===t:;, ""
-'------,~
.,..,.
!
L l\70~O\7 I
" ,I ~1 I
D. I' "
oC i! ~ ~l !
i ::IE i~LH .
i! >- ,
. , ~ ~ f ,~ '0 ~:
" oC !;~ t ~~ :iii "
" ,
l!iI: . ~ ;~~ I ~~ l! i
I' . ghi :~
~ ~ LL. . "j'f' ;'.... ,
l~o > ~L i ,; ~~ .,
B < r~ ~ ; if.~ !:
, l n !~~
I- , j
i ,
:I: I., 'I'
(!J ! d~ ~ ~
W l;l
II: I ~ i i Ji~
-
-----~-
C.I3TMSTREET
J~_____ _ _
M
;;;l~
,.
: ~~ !~
.=
, 1 i~;~
. I~il
, I ~...d
I Ii!~'
, ",,;;t1
1;11
. -I
,-
,!!
,i "
1, '"'II
, i!'1 .
: 1;11.
,,; i~!;. I
~ I i !~i"';:~ 'I
' ,. I.! :.' '.
. ":1""'"
; -, , 'liil'~'~1 ~rl
~ i; :; zl;I~"(iil:" I
;'1" ... OI21~1-,," i'"" I
'" ! ~ "':'!-;"Ii"'" I
~~r. !i i<~""i5::'- I
~. ::> ':.":C:" :
" '" ~,u..,o.l:;I' I
=..;':;.; glil ~ ", I
.~I
I i II I !,I~~' l~ ,~,
"j .1- ""',I,!, ~'."~: . J' I
'eIT:T:TT, r, I
!! Jill ~li :1:
;l11!!"J :11
, ,., I
ill' :: Ii
!: '! 'I I ~ i :
· . Iii ' ! Ij II' !
!:t I I
" ""1 ! ,II.
I ill II 'I-.lr
,;' "', ~I" "
, . u> i'lj, "
· ,I 'I~,I':!:
.I!I'I' '::,u
i ,.!.:, .';"1:'
,,~;~, i i f; , ; i i I
!"ii 'i '.L '.11
t,I, !I,,:I'T
.~;~: I ! I~: :
..
~ g :"
,
,
:;I ...'"
! .;
j !
. -
~ ; I
. .
;.n
I ~i!~:f
:;~:~!~I!.~!~~r'~'
", i L_ll
I' "'-I ,., '~_'o:.J,'.1
oli-.""'.,,"'!"<'.,....,*'<,
/,":':'.'-:'0;
I '1'lI,
'!", 1'1.
, ' i i~'I~i_" , i~!~,!~
~ I: I.lr,~~ : ' !..: ! '2
,~ ~:i-:.,,-'...!'l!'''',~ I ~'i, .'_
~:!~ ~i~~;;':;N ~}:~i~'f~
.,i".~,'<!~~<;:I:I:I:,.o\i
~!~i~'~:~' ?i~~!~I~'~.~'~';
1; ,;;:::j:k,:;;:,i
~i~~:~,W:~'l~:"
".0 "^).
)...0 ."".
.~,.~
", :~. ~:"'-;:~~
",,,,,. . L1(),()L11 7
a" I
--'--hT
,. ~il P
;!I,I,
S~'I i
~;Il
1-=,_." .
An~nA1_11
~
o
Ii:
i:li
!!!:
C'
. z'
Iii !!!:""
I lll"",'
· ~/.-~:ift::'.r~-~.
i C~-'-'~'_'_
.:}",,' ,.......~:'"
: ~.;~T"-cf-
" ,~,
:".,-;
>>,
p",
u
.
.
k
~
<
: ~:.
.
i
~
!~
I',' t-=
I-~
,f'l:,,'
,.,ur,_".
f:~j;~"::.
:~;,.,
;',
- T~F: I
I"'m~- '<<I,'
~'\:~!'\; I,T'
il;_": -:.: '
. 1.:.< .,,_,'
'I ".;,
I' .:'
~' ~7; ::(
';1,':'-
1'::
,,...
r~;;.i."...
C'".:,'
-:;.,
l..:j;
'ftl"
,:, ,,',.
" i.'...'>
": ,._-;,)
1 :::"t.i,i,>
"d~,N,
::tJ'f"
,~",r\
, ,,->,'"
. "1l'~'
;~\:
i'-,'
;{:,.
....c..;,,:,.,,_..
~'''';''''-'''''''-',",
1
,--."",'
I 9
n
,:1
U
~i - ·
, ... l!
~ i
~r ':;\
,I! i
I I ~
I . '",',1 Iii
; ,:1 E
'1 ~
...
. , ~~":)
!~ JIH i i,~ 1
r I \,' Ci
;IL.__:"" I, ~
I
, ; f
';" , f.
"'d
'.
il
Cll
, , I
ll. " .,
C " ,. ~I
~L, ..
:2 ~H ~~
;:j Ii
i!> . !lli!! i
liiC "I
III :. ~ !::lji "!
"1/
.1' i , - ,;~ . !
!la~ ~ ~~H i~
1110 : J i ~ i= ~I
.1 " I;I}'.
l~. <t~ "I
".... i ~ I ~i ~
!:z: ;: ~ ~ ~ t
I" _j/ !
~ Ii ~ ~,~
a:: H ~ !:~
'e i ~...
~H ~~~
"(...
";".;
i
"
~"
Iii
I
.,
-~
t
.
-..,
.J
:~
.~
:'Ii j
'I
I
li:1
i
! cl
Ii
i
Ii
I ,i I "i i, > 1
I.' _nli '-~inli' '~~~ ""1-'
, " " " ." - - .~~
"'.. .:- ~>"'!! .:.:'~~~I~~~:~~i
! 1 -O_o.l.. ~-,-,"?",,'..I
. 1'- ".,,-
"'t--o-.=. ....,_.,::;~. _ ..~: ,.-~=
.v~_ ..,..." ,Cf,,~
~.L.C .~ A'" ~,.>"..~" );"C -
II
An~nA1_11
RECORDING REQUESTED BY
When Recorded Mail To
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
464 W. 4~ STREET, 6~ FLOOR
SAN BERNAROINO. CA 92401-1400
Attention C.R. Beckley - MS 648
FREE RECORDING:
This instrument is for the benefit of The State of
California, and is entitled to be recorded without
fee.(Govt, Code 6103)
Space above this line for Recorder's Use
GRANT DEED
(CORPORATION)
District Countv Route Kilo Post Number
08 SBd 215 13.04 17925
CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION
a corporation organized
And existing under and by virtue -of the laws of the State of CALIFORNIA, does hereby GRANT to the STATE OF
CALIFORNIA, all that real property in the
City of San Bernardino
County of
San Bernardino
, Slate of California, described as:
All those lands as conveyed in the Grant Deeds to the City of San Bernardino, recorded on January 5, 1962 in Book
5625, page 356 of official records of San Bernardino County and recorded on August 27, 1962 in Book 5757, page 607
of Official Records of Said County, said Grant Deeds being reiterated in Exhibit "A",
EXHIBIT "2"
08-SBd-215-KP 13.04-17925 (17925-1)
Form RW 6-1(D) (Revised 08106)
. .
EXHIBIT "A"
That portion of Lot 8 in Block 36 of the Rancho San Bernardino, in the County of San Bernardino,
State of California, as per map recorded in Book 7, page 2. of Maps. records of said County,
described as follows :
BEGINNING at a point in the West line of the land described as Parcel 5 in the Final Order of
Condemnation entered August 22, 1958, in the Supcrior Court of the State of California in and for
the County of San Bernardino, Case No. 89930, (a certified copy thereof having been recorded
August 26, 1958, in Book 4588, page 241 of Official Records of said County), distant thereon
Northerly 30.75 feet from the Southwest corner thcreof; thence Northerly along the Westerly line
of said parcel 5, 100.00 feet; thence due West 340.00 feet, more or less, to the Easterly line of the
land described as Parcel 3 in the above referred to Order of Condemnation; thence Southerly along
said east~'fly line of said Parcel 3 to its inters~'Ction with the end of that certain curve described in
Parcel 4 of the referred to Order of Condemnation described therein as "thence along a tangent
curve concave Northeasterly with a radius of 35.00 feet, through an angle of 88034' 18" a distance
of 54.10 feet;" thence Southeasterly along said curve to the beginning point thereof as described in
said Parcel 4; thence along the Northerly line of said Parcel 4, South 840 08'56" East, 304.41 feet
to the point of beg inning.
'nlat portion of Lot 8, Block 36, Rancho San Bernardino, as per plat thereof recorded in Book 7 of
Maps, page 2, records of the County Recorder of San Bernardino County, described as follows;
BEGlNNING at a point, said point being the Northeast comer of that certain parcel of land
conveyed to the City of San Bernardino, a municipal corporation, by deed recorded January 5,
1962, in Book 5625, page 356, Official Records of said County, said point being 130.75 feet
Northerly from the Southwest corner of that certain parcel of land described as Parcel 5 in the Final
Order of Condemnation entered August 22, 1958, in the Superior Court of the State of California,
in and for the County of San Bernardino, Case No, 89930, (a certified copy thereof having been
recorded August 26, 1958, in Book 4588. page 241, Offieial Records of said County): thence North
along the West line of said Parcel 5, a distance of 25.00 feet; thence due West and parallel with
the North line of said City property, to the East line of the land dcs(.'1ibed as Parcel 3 in the above
referred to Final Order of Condemnation; thence Southerly along said East line of Parcel 3 to the
Northwest comer of said City property; thence due East along the North line of said City property,
a distance of 340,00 feet, more or less to the point of beginning.
08-SBd-215-KP 13.04,17925 (17925-1)
Number
17925-1
I
~
IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its
corporate seal to be affixed hereto, this day of , 20_.
CITY OF SAN BERNARDINO
By:
PATRICK J. MORRIS
Its Mayor
Grantor
STATE OF CALIFORNIA
County of
} ss
ACKNOWLEDGMENT
On this the_day of
20 -' before me,
Name and Tide of the omcer-E.G.. . Jane Doe, Nolary Public"
personally appeared
(Name of person(s) signing)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) _ Is/are subscribed to the within Instrument and
acknowledged to me that_ helshelthey executed the same In _ hlslherlthelr authorized capaclty(Ies), and that by hlslherlthelr
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Notary Public's signature in and for said County and State)
(for notary seal or slamp)
THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation
(pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in
the within deed and consents to the recordation thereof.
IN WITNESS WHEREOF, I have hereunto set my hand
this day , 20 WILL KEMPTON
Director of Transportation
By
PATRICIA L. SMITH, Attorney In Fact
Right of Way Project Delivery Manager
District 8
Form RW 6-1 (D) (ReVISed 08/06)
STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY
DEPARTMENT OF TRANSPORT ATlON
OFFICE OF RIGHT OF WAY AND LAND SURVEYS
District 8 RIW Field Office
464 W, Fourth Street, 6'" Floor, MS-M
San Bernardino, California 92401-1400
Phone: (949) 383-4271
FAJ{ (949)383-6877
. ARNOLD SCHWARZENEGGER, Governor
~k_
_Ger28 Aft,..8
.""."
... . ...
'" '
Flex your power!
Be energy efficient!
October 24, 2008
EA 0071V9 (007169)
08-SBD-2l5 KP 13.04
Parcel No, 17925-1,2
Fred Wilson, City Manager
C/O City of San Bernardino
300 "D" Street, Sixth Floor
San Bernardino, California 92418
Dear Mr, Wilson:
Please be advised that the Department of Transportation har. received your letter dated October 16,2008 and
transmittal therein of executed right of way contracts. It is with regret, but I must inform you that the Department
of Transportation no longer wish to enter into any agreement. It is the Department of Transportation's position that
a judgment through an eminent domain proceeding is in the State's best interest.
Please accept this correspondence as the Department of Transportation's final determination in this matter, in
support of the "Letter of Withdrawal" to you dated September 24, 2008,
If you have anything further regarding the above matter, you can reach Keith Williams by telephone at
(909) 383-4271.
Sincerely,
Q~(~
Patricia L. Smith
Right of Way Project Delivery Manager
Cc: Margaret Fedor
Les Fogassy
Keith Williams