HomeMy WebLinkAbout1981-230
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RESOLUTION NO. ?I-~~I)
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA THROUGH THE I
DEPARTMENT OF PARKS AND RECREATION RELATING TO THE OPERATION OF I
THE SECCOMBE LAKE PROJECT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 01
SAN BERNARDINO AS FOLLOWS: r
SECTION 1. The Mayor of the City of San Bernardino is herebt
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authorized and directed to execute on behalf of said City an
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agreement with the State of California through the Department of
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Parks and Recreation relating to the operation of the Seccombe
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Lake Project, a copy of which is attached hereto, marked Exhibit
"A" and incorporated herein by reference as fully as though set
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forth at length.
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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 a
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meeting thereof, held
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on the
, 1981, by the following
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day of
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vote, to wit:
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AYES:
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NAYS:
ABSENT:
of
(\\ foregoing
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resolution is
day
1981.
Approved as to form:
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OPERATING AGREEMENT
SECCOt1lE LAKE PROJECT
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THIS AGREEMENT, made and enter2d into this
day of
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19 , by and between the STATE OF CAU:=ORNIA, acting through the Department
of Parks and Recreation, hereinafter called "STATE", and the City of San
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Bernardino, hereinafter called "LOCAL AGENCY":
WIT N E SSE T H:
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WHEREAS, pursuant to the provisi9ns of Section 5007 of the Public
12 Resources Code of the State of California, STATE may enter into contracts with
13111 political subdivisions of the State of California for the care, maintenance,
14 i, and control, for the purposes of the State Park System, of lands under the
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15 i' jurisdiction of STATE; and
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17 il WHEREAS, funds are appropriated, pursuant to Item 458.1, Chapter 359,
18 II Statutes of 1978, for acquisition for park and recreational purposes of I
19 ill certain real property (said property) hereinafter described in Exhibit "A"; and
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21 WHEREAS, said appropriation in Item 458.1, Chapter 359, Statutes of
22: 1978, is subject to the following condition: That the State is granted a gift
23 I of full fee title to the public lands within the boundary of the park; and
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261 operation of said property on a cost sharing basis; and
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COURT PAPER i
STATE OF' CAI..1FORNr" I
STD. It3 JREV. 8.721 j
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WHEREAS, Chapter 1305, Statutes of 1980, Section 12(b), provides for
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1 WHEREAS, the remaining real property will be acquired pursuant to the
2 Property Acquisition Law (Part 11, corrrnencing with Section 15850, of Division 3,
3 of Title 2 of the Government Code); and
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WHEREAS, STATE and LOCAL AGENCY desire to enter into an agreement to
6 I provide for the transfer of Full Fee title to the real property described in
71 Exhibit "B" to STATE and to provide for the care, maintenance, and control of
8 said property described in Exhibit "A" by LOCAL AGENCY on a cost sharing basis
9 I with STATE, as hereinafter provided, after such acquisition by STATE; and
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WHEREAS, additional funds are appropriated, pursuant to Item
12 495.5B (a), as added by Chapter 1085, Statutes of 1979, for the acquisition
131 for park and recreati onal purposes; and
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15 P WHEREAS, the appropriation for General Plan Development pursuant to
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16 '1 Item 495.5B (b), as added by Chapter 1085, Statutes of 1979, is subject to the
,1711111 following condition: That funds appropriated shall be transferred to the City
18, of San Bernardino to reimburse the City for costs incurred in the development
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19! of the general pl an; and
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21 NOW, THEREFORE, in consideration of the mutual covenants herein
22 contained, the parties hereto do hereby covenant and agree as follows:
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24 ! 1. LOCAL AGENCY agrees to transfer by way of gift Full Fee title, to the
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25 i real property described in Exhibit "B", to State of California. Any transfer
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26 i of such property made directly or indirectly from LOCAL AGENCY to STATE shall
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COURT PAPER !
STA.TE 01" CAl.IFORNIA I
STD. 113 (REV. 8.721
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1 I not to any extent terminate or in any way affect this Agreement, and this
2 I Agreement shall not in whole or in part be merged into any such transfer.
3 Such title shall be subject only to such encumbrance as State Director of
4 Parks and Recreation, with the approval of the State Department of Finance
5 shall in writing designate. Title to such real property shall be tendered to
not 1 ater than July 1, 1981.
6 , STATE
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(a) LOCAL AGENCY shall be responsible for the protection, care,
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maintenance, operation, and control of the real property
hereinafter described in Exhibit "A" attached, which exhibit is
incorporated herein by reference (hereinafter sometimes referred
to as "said property"), for the purposes of a State Urban
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Recreation Area in the State Park System. STATE'S and LOCAL
AGENCY'S obl i gati on under thi s agreement sha 11 not commence
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earlier than the date first above appearing, and unless sooner
terminated as provided in this Agreement, as to each parcel of
said real property or interest therein acquired by the State of
California, for the purposes of this Agreement, shall commence
on acquisition of jurisdiction over such parcel or interest by
STATE and shall thereafter continue until twenty-five (25) years
after the date of this Agreement first above appearing.
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(b) During the period specified in Subparagraph (a) above (said
period) LOCAL AGENCY shall pay all costs of law enforcement
relating to the protecting, caring for, maintaining, controlling,
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COURT PAPER II
STATe: OF C.ALIFO/lNI... 1
STD_ 113 (REV_ 8_72) II
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and operating said 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
enforcem~nt 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 the portion of said property under the jurisdiction
of local agency during the fiscal year July I, 1980 through
June 3D, 1981 and adjusted annually thereafter for annual
changes in the California Price Index as contemplated by
Chapter 1305, Statutes of 1980.
(d) During said period, STATE shall reimburse LOCAL AGENCY all costs
necessarily incurred by LOCAL AGENCY for protecting, maintaining,
controlling, and operating said property for said purposes after
deducting from said costs the costs contemplated to be paid by
LOCAL AGENCY by Subparagraphs (b) and (c) above in this
Paragraph 2, provided 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
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COURT PAPER
STATE OF CAl..IFOflN\.... I
STO ":.: m . no II
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to the extent STATE funds are specifically appropriated for such I
reimbursement. Such reimbursement shall be made,within
forty-five (45) days, after written invoice therefor has been
received by STATE.
(e) Annually during the first 24 years of said period, on or before
June 30 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
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(July 1 through June 30) begi nning the next July 1 after such
submitted date. After approval of such annual budget by STATE
and the State Department of Fi nance, 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 Di rector of
Parks and Recreation, to the extent the costs thereof are to be
reimbursed by STATE under this Agreement. Concurrently
herewith, LOCAL AGENCY shall submit such a budget for the period
beginning on the effective date of this Agreement through the
fiscal year ending June 30, 1982.
(f) Concurrently herewith. and annually thereafter. LOCAL AGENCY
shall submit to STATE an operations and maintenance plan for
said property including a facilities maintenance schedule for
any facilities or development located thereon in a form
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acceptable 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.
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(g) All personal property, including furniture, furnishings,
supplies, automotive and office equipment, and the like,
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acqui red, or to be acqui red by LOCAL AGENCY the cost of whi ch,
in whole or in part, are to be reimbursed or are reimbursable by
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STATE under this Agreanent, shall be deaned jointly owned by the
STATE and LOCAL AGENCY upon termination of this contract, said
ownership to be in direct proportion to the amounts of money
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which each agency contributed to the cost of operating and
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maintaining the park during the period of this Agreanent. LOCAL
AGENCY shall maintain an inventory of all such property and
s ha 11 acco unt t heref ore.
(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
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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 i
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COURT PAPER II
STAT,!!; Of' CALIFORNIA. 'I
5TD 113 I~E:V. 6.721 I'
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Ii 1 For purposes of this Agreement "law enforcement" includes, but
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, healt~ and retirement benefits, Workers I
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 equiprnent, for law
enforcement;
(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 jud!Jllent arising from any
thereof;
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(7) Law enforcement patrol and investigative operations and
functions and associ ated support effort from initi al patrol
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response through arrest and prosecution of offenders; or
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(8) Any matter incidental to or arising out of anyone or more
of the foregoing items or out of law enforcement, whether
or not similar or dissimilar to any of the foregoing items
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listed in this paragraph.
While this Agreement is in force and effect, said property shall, at
times, be accessible and subject to the use and enjoyment of all citizens
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of the State of California, and all other persons entitled to use and enjoy
the same, subject, however, in the manner of such use and enjo)l11ent, to the
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1411 control of LOCAL AGENCY in conformity with this Agreement. LOCAL AGENCY may
15:! adopt rules and regulations for the use and enjo)l11ent of said property. Any
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16:, such rules and regulations adopted by LOCAL AGENCY shall conform to and be
17! compatible with the rules and regulations adopted by STATE and generally
18:: applicable to the State Park System, including said property. Said property
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19 Ii shall not be used for any other purpose than the purposes herein enumerated.
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21 I 4. Subject to prior approval in writing by STATE, LOCAL AGENCY may grant
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22 I concessions in or upon said property compatible with the use by the general
23,/ public thereof for park and recreational purposes. The rights of the public
24.1 to the use and enjo)l11ent of said property shall thereupon be limited by such
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25 d concessi on agreements. A 11 such concessi ons shall be granted in substanti al
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26 il compliance with Public Resources Code Section 5019.10 et seq.
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COURT PAPER 'I
STATE OF CAl..lFOANIA ~
STD. 113 IREV. 8.72. II
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1 5. LOCAL AGENCY shall establish a schedule for charges, fees or
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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 iI to be paid by LOCAL AGENCY under Paragraph 2(b) and (c) above, and that
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611 commercialization for profit shall not be engaged in by LOCAL AGENCY.
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8 il 6. All revenues (including all such charges, fees, and collections)
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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 ot,her matters incident to the
12 develollllent, protection, care, maintenance, control, and operation of said
13 property shall be reported annually to the STATE. All revenues derived from
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141, the operation of the urban recreation area received by LOCAL AGENCY shall be
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15 !I deposited by LOCAL AGENCY in a segregated interest bearing account. Until
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16 ii paid to STATE, such revenue and the interest thereon shall be deposited in
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17 i' institutions that would qualify as an authorized depository under Government
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18! Code Section 16500 through 16510. Such annual report and payment shall be
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191 made for the annual period commencing on July 1 and tenninating on June 30 and
20 shall be filed with STATE no later than September 30 of each year. The first
21 report and payment hereunder shall cover the period beginning with the
22 effective date of this contract and terminating the follC/{/ing June 30 and
23 I shall be made by LOCAl AGENCY by the following September 30.
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25 II The report shall include a reasonable weekly estimate of the number
26 il of visitors to the area as well as the number of vehicles.
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COURT PAPER I
STAT,J:OF'CAt..t,.OItNIA I'
STO 113 {REV. e.72\
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The books. records and accounts kept by LOCAL AGENCY applying to the
2 i: operation of the State Park area. shall at all reasonable times' be open for
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3 II audit or inspection by STATE. In the event such inspection or audit disclose
411 a reimbursement to LOCAL AGENCY in excess of the amount permitted by this
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5 il Agreement, such excess shall be repaid by LOCAL AGENCY to STATE on written
6 il demand or may be deducted by STATE from any subsequent reimbursement due under
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7 Ii this Agreement, at State's Option.
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9111 7. Either party may. by its own forces or by contract, undertake
10 II projects for the developnent. construction, or improvement to said property.
111' Plans and specifications for any such project shall be submitted to the other
12 party for approval. together with estimates on the effect of such project on
13 :1 reimbursable costs under Paragraph 2 above, on income and fees under
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14 II Paragraph 5 and 6 above, or on the operations and maintenance plan referred to
15 . in Paragraph 2(f) above. No such project shall be commenced by either party's
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16 Ii own forces or contracts awarded prior to other party's approval of such plans
17 'I and specifications. Either party has the right to disapprove such plans,
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18,1 specifications, and estimates. Such developnent, construction, or improvement
19:1 shall be in accordance with the General Plan.
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21 II LOCAL AGENCY is the lead agency for purposes of developing and
22 II completing the General Plan for said park. Such plan and any subsequent
23 ;1 iIllendment thereof desired by LOCAL AGENCY shall be subject to, and submitted
241 for, prior approval in writing by State Director of Parks and Recreation.
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26 [I In addition to the reimbursable costs under paragraph 2 above, the
27 :i STATE shall transfer to and reimburse LOCAL AGENCY for costs incurred by
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COURT PAPER i
STATE OF CAl.l"0nNIA ,
STD. 113 IRE\/'. 8.721 II
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1 LOCAL AGENCY in the develoJl11ent and completion of the General Plan. but not to
2 exceed Two Hundred Thousand dollars ($200.000) upon receipt of an invoice
3 specifying the amount of such costs. to the extent funds are available
4 therefore under Item 495.5B (b) Budget Act of 1979 or Section 10 of Chapter 86
5 , Statutes of 1980.
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711 8. Improvements erected on said property by LOCAL AGENCY or STATE shall,
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8 i upon completion, become a part of the realty and title to said improvements
9 I shall vest in STATE, except that STATE may, at its option, require that LOCAL
10 AGENCY remove any or all such improvements made by LOCAL AGENCY at the end of
11 the term hereof. LOCAL AGENCY upon termination of this Agreement may, at its
12 option, remove any or all of such improvements erected on said property by
13 i LOCAL AGENCY (other than or improvements the cost of whi ch has been pai d for
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141 or reimbursed by STATE). provided it gives STATE notice promptly that it
1511 desires to do so. Any such removal required by STATE or at the option of
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16:1 LOCAL AGENCY shall be completed by LOCAL AGENCY within ninety (90) days after
1711 the termination of this Agreement (except that if longer than ninety (90) days
18: is required for actual removal such removal may still be made provided it has
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19 I been commenced promptly and is carried on with due diligence). Upon removal,
20 titl e to the materi al so removed shall vest in LOCAL AGENCY. Any removal
21 authorized hereunder shall be made without damage to adjacent improvements and
22 if adjacent improvements are dilllaged, LOCAL AGENCY shall reimburse STATE
23 therefor or shall repair the improvement so damaged at the option of STATE.
24 After removal, the premises shall be left free and clear of all debris and in
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25 II a reasonable condition similar to the condition of said property inrnediately
26 Ii pri or to LOCAL AGENCY maki ng such improvements.
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COURT PAPER i
STATE OF CALIFORNIA I
STD. 113 1 FlEV. 9.721
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2 Ii written approval of other party, remove, move, demolish, or .l,~'v ,'"
3 il manner, any improvements, natural features, or accretions =\'s:"~ .'" ...\'.'
.. ... ~ ..'_....~ ''''"..: ..
4 i property on the effective date of this Agreement or subs::qu:-'t.' ,'''~' ,
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Neither party shall during the term of this Agre&ni!lt. .:.,\,.. .
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If said property or portion thereof is taken by pr(\.";''''':'''~ ,,'
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domain, STATE shall receive the entire award for sur ~H;"~ ",,,..
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the fair rr.Jr~=: 1.\.' ,
8 i, that LOCAL AGENCY shall receive out of said award
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911 improvements then existing and constructed by LOCAL AGENCY (:t~ t~~
II . t th t f h' h h b "d f "b ,<.... "go:' ,'"
10 '!lmprOVemen s e cos 0 w 1 c as een pal or or relm urs=,-, ~, - . :-N-.-;......'"
11 said property as said fair market value may be determined by S.\l~ pi'"'' ,
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12 taking into consideration the terms of this instrument, prov'..:eJ. '
131 this paragraph shall not apply to the lands described in Exh;:)it 'S..
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15 i 11. In the event STATE is named codefendant under the ~""I"Si ~ :i "101'
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16 II Government Code Sections 895 et seq., LOCAL AGENCY shall notity ~ ~l. .'
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17 Ii fact. LOCAL AGENCY shall represent STATE in such legal actl.'tl ;J!' ..- -
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18 'j undertakes to represent itself as codefendant in such legal ~t1:-~ ~ f\.
19 I' when STATE is solely negligent. In such event STATE and LOC.~l A.~~'f $~~'1
!'$ f~,
20 I bear their own respective litigation costs, expenses and att~~\
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22 I In the event judgment is entered against STATE and t,.
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23' because of the concurrent negl i gence of STATE and LOCAL AGENt- ,
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4 ff " t 1 t . t f 11' abl'l i ty h' t-I.. \
2 :,'1 0 1 cers, agen s or emp oyees, an appor 10nmen 0
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25:i judgment shall be made by a court of competent juriSdiction. W4 '
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26:1 shall request a jury apportionment.
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COURT PAPER ~i
STATE OF' C....LIFOIlNl.... .1
STO. 113 (REV. 8.721 I
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1 12. This Agreement shall not, nor shall any interest therein or
2 thereunder, be assigned, mortgaged, hypothecated or transferred either by
3 LOCAL AGENCY or by operation of law, nor shall LOCAL AGENCY let or sublet, or
4 grant any licenses or permits with respect to the use and occupancy of said
5 property or any porti on thereof, without the written consent of STATE fi rst
6 had and obtai ned.
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9 mortgage, hypothecate or transfer this Agreement, and
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The STATE, to the extent it may legally do so, (1) shall not assign,
(2) shall not let or
10 subl et, or grant any 1 i censes or permits wi th respect to the use and occupancy
11 of said property described in Exhibit "B", without the written consent of
12 LOCAL AGENCY fi rst had and obtai ned.
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14 14. Notices desired or required to be given hereunder or under any law
15 I now or hereafter in effect may, at the option of the party giving same, be
161 given by enclosing the same in a sealed envelope addressed to the party for
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17 il whom intended and by depositing said envelope, with postage prepaid, certified
181 with return receipt requested, in the United States Post Office or any
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19 I s ubst ati on thereof.
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COURT PAPER
STATE: OF CAl..IFORNIA I
STD_ 113 (REV. 8.721 I
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In the event such notice is being given to LOCAL AGENCY. such notice
and the envelope containing the scme shall be addressed to the City of San
Bernardino, Department of Parks and Recreation, 300 North "0" Street. City
Hall. San Bernardino, California 92418, or such other place as may hereafter
be designated in writing by or on behalf of LOCAL AGENCY; and in the event
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COURT PAPER II
STJl.TE: OF CAL.1FORN1A ;1
STD. 113 IREV. 8.72. "
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1 r that said notice is being sent to STATE, said notice and the envelope
2 containing the same shall be addressed to the Department of Parks and
3 : Recreation, Post Office Box 2390, Sacramento, California 95811.
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5 Ii 15. The attach~d Standard Form 3 is incorporated herein and the reference
6!' therei n to contractor shall mean LOCAL AGENCY.
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8 I. IN WITNESS WHEREOF, the parties have executed this instrument upon
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9 I the date first hereinabove appearing.
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STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
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PETE DANGERMOND, JR., Director
By
CITY OF SAN BERNARDINO
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By
F-5999D
PERM
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EXHIBIT A
PARCEL 1
Lots 1-12 inclusive and Lots 15-18 inclusive of TRACT NO. 2030, FIFTH STREET
PLACE SUBDIVISION, in the C0unty of San Bernardino, State of California, as
per plat recorded in Book 29 of Maps, page 49, records of said County.
PARCEL 2
All that portion of Lot A (Dillon Alley), Tract No. 2030, FIFTH STREET PLACE
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, lying north of
the North line of Fifth Street and south of the South line of Sixth Street.
PARCEL 3
Lots 1-14 inclusive, TRACT NO. 2275, FIFTH STREET PLACE, UNIT NO.2, in the
City of San Bernardino, County of San Bernardino, State of California, as per
plat recorded in Book 32 of Maps, page 67, records of said County.
PARCEL 4
A 60 foot wide street bearing the name Cottage Avenue (now Lugo Avenue) as
dedicated on TRACT NO. 2030, FIFTH STREET PLACE SUBDIVISION, as per plat
recorded in Book 29 of Maps, page 49; and TRACT NO. 2275, FIFTH STREET PLACE,
UNIl NO.2, as per plat recorded in Book 32 of Maps, page 67, all in the City
of San Bernardino, County of San Bernardino, State of California.
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PARCEL 5
Lots I, 2, 3, 4, 7 and 8, and the East 209.98 feet of Lot 9, 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.
PARCEL 6
That portion of Lot 6, Block 4, of the 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, described as
follows:
Beginning at the Southwest corner of said Lot 6; thence East along the South
line of said Lot 6 to a point 400 feet West of the West line of Waterman
Avenue; thence North and parallel with the West line of Waterman Avenue to the
Southerly right of way line of the Pacific Electric Railway Company, as
conveyed to said Railroad Co., by Deed recorded February 4, 1889, in Book 92,
page 152, of Deeds; thence Northwesterly along the Southerly right of way line
of the Pacific Electric Railway Company to the North line of said Lot 6;
thence West along the North line of said Lot 6 to the Northwest corner of said
Lot 6; thence South along the West line of said Lot 6 to the point of
beginning.
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PARCEL 7
That portion of Lot 6, Block 4, of the Rancho San Bernardino, in the City of
San Bernardino, County of San Bernardino, State of California, as per plnt
recorded in Book 7 of Maps, page 2, records of said County, described as
follows:
Beginning at a point on the South line of said Lot 6, which point is 350 feet
West of the West line of Waterman Avenue; thence North and parallel with the
West line of Waterman Avenue, 391.33 feet; thence West and parallel with the
South line of said Lot 6, 50 feet; thence South and parallel with the West
line of Waterman Avenue, 391.33 feet to the South line of said Lot 6; thence
East along the South line of said Lot 6, 50 feet to the point of beginning.
PARCEL 8
A portion of Lot 6, Block 4, RANCHO SAN BERNARDINO, in the County of San
Bernardino, State of California, as per plat recorded in Book 7 of Maps,
page 2, records of said County, described as follows:
BEGINNING at a point in the East line of said Lot 6, Block 4 of said Rancho
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
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
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
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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
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
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
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
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,
225 feet to the true point of beginning.
PARCEL 9
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 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 Waterman Railroad
Co., on September 30, 1889, in Book 104, page 170, of Deeds, said property
being more particularly described as follows:
A strip of land 25 feet in width, being a portion of Lots 5 and 6 in said
Block 4, described as follows:
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
Station 18+63; thence running North along said fence 12-5/10 feet; thence
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Westerly 12.5 feet from and parallel to said centerline of location, a
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
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
said East boundary line fence of said Lot 6; thence North 12-5/10 feet to the
place of beginning.
EXCEPTING THEREFROM any portion which may be included within the following
described property:
All that certain piece or parcel of land bein~ a portion of Lot 6, Block 4,
Rancho San Bernardino, as per plat recorded in Book 7 of Maps, page 2, records
of the County Recorder of San Bernardino County and being more particularly
described as follows, to-wit:
Beginning at a point in the East line of said Lot 6, Block 4 of said Rancho
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
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
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
of the West line of Waterman Avenue; thence Southerly and parallel with 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 Bernardino,
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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 with the South line
of said Lot 6, Block 4 of said Rancho San Bernardino, 400 feet to the point of
beginning.
ALSO EXCEPTING THEREFROM any portion which may be included within the following
described property:
All that portion of Lot 6, Block 4, Rancho San Bernardino, as per plat recorded
in Book 7 of Maps, page 2, records of said County, described as follows:
BEGINNING at the Northeast corner of said Lot 6, Block 4 of said Rancho San
Bernardino; thence Southerly along the East line of said Lot 6 to the Northerly
right of way line of the Pacific Electric Railway Company; thence Westerly
along said Northerly right of way line of the Pacific Electric 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 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.
ALSO EXCEPTING THEREFROM all that portion lying within Lot 5 of said Block 4.
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PARCEL 10
All that portion of Lot 6, Block 4, RANCHO SAN BERNARDINO, as per plat
recorded in Book 7 of Maps, page 2, records of said County, described as
follows:
BEGINNING at the Northeast corner of said Lot 6, Block 4 of said Rancho San
Bernardino; thence Southerly along the East line of said Lot 6 to the northerly
right of way line of the Pacific Electric Railway Company; thence Westerly
along said Northerly right of way line of the Pacific Electric 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 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.
PARCEL 11
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.
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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
of San Bernardino, State of California, as per plat recorded in Boo~ 7 of
Maps, page 2, records of said County, described as follows:
Beginning at a point on the Northerly line of said Block 4, a distance of
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
Southerly line of Seventh Street, as shown on the Map of said Tract; thence
along the Southerly line of said Seventh Street, North 890 29' 47" West
58.56 feet; thence South 00 18' 40" West 633.77 feet; thence South 890
45' 40" East 58.68 feet to a point which lies North 890 45' 40" West, a
distance of 400 feet from the Easterly line of said Block 4; thence North 00 '
17' 50" East 633.50 feet to the poi nt of begi nni ng.
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
California, as per plat recorded in Book 7 of Maps, page 2, records of said
County, described as follows:
COMMENCE at the intersection of the East line of said Lot 6, with the 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 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 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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PARCEL 12
BEING all that portion of Block 4, RANCHO SAN BERNARDINO, as per plat recorded
in Book 7, Page 2 of Maps, records of San Bernardino County, and more
particularly described as follows:
BEGINNING at a point on the Northerly line of said Block 4, a distance of
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
Southerly line of Seventh Street, as shown on said Map of RANCHO SAN
BERNARD INO.
THENCE along the Southerly line of Seventh Street, North 890 29' 47", West
58.56 feet;
THENCE South 00 18' 40" West 633.77 feet;
THENCE South 890 45 I 40" East 58.68 feet to a poi nt wh i ch 1 i es
North 890 45' 40" West, a distance of 400 feet from the Easterly line of
sai d 610ck 4;
THENCE North 00 17' 59" East 633.50 feet to the point of beginning.
PARCEL 13
All that certain real property situate in the County of San Bernardino, State
of California, more particularly described as follows:
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Lot 5, Block 4, of the Rancho San Bernardino, per plat recorded in Book 7 of
Maps, page 2, records of said County,
Except the following described Parcel:
Commencing at the intersection of the East line of Lot 6, Block 4, of the
Rancho San Bernardino, per plat recorded in Book 7 of Maps, page 2, records
of said County, with the Northerly right of way line of the Pacific Electric
Railway Company, said point being also on the West line of Waterman Avenue;
THENCE NORTHERLY, along said West line of Waterman Avenue, being also the East
line of Lots 5 and 6, Block 4, according to the above-mentioned plat,
50.00 feet to the TRUE POINT OF BEGINNING of the herein-described parcel;
thence from said TRUE POINT OF BEGINNING, WESTERLY, perpendicular to said West
line of Waterman Avenue, 350.00 feet; thence NORTHERLY, parallel with said
West line of Waterman Avenue, 102.58 feet; thence EASTERLY, along a line
perpendicular to said West line of Waterman Avenue, 200.00 feet; thence
NORTHERLY, parallel with said West line of Waterman Avenue, 150.00 feet;
thence EASTERLY, along a line perpendicular to said West line of Waterman
Avenue, 150.00 feet to said West line of Waterman Avenue, being also the East
line of said Lot 5; thence SOUTHERLY along said West line of Waterman Avenue
252.58 feet to the TRUE POINT OF BEGINNING.
EXCEPTING all that portion thereof adjudged as being owned by the City of
San Bernardino according to that certain JUDGMENT of the Superior Court of the
County of San Bernardino, Superior Court Case No. 98899, recorded January 15,
1960 in Book 5033, page 431, Official Records of said County, described as
follows:
-24-
All that portion of Block 4, Rancho San Bernardino, per plat recorded in
Book 7, page 2 of maps, records of said County, more particularly described as
foll ows:
BEGINNING at a point on the Northerly line of said Block 4, a distance of
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
Southerly line of Seventh Street, as shown on said Map of Rancho San
Bernardino; THENCE along the Southerly line of Seventh Street, North 8g0 29'
47" West 58.56 feet; thence South 000 18' 40" West 633.77 feet; thence South
890 45' 40" East 58.68 feet to a point which lies North 890 45' 40" West,
a distance of 400 feet from the Easterly line of said Block 4; thence
North 000 17' 59" East 633.50 feet to the Point of Beginning.
PARCEL 14
All that portion of Seventh Street as shown on Map of 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 West
of the West line of Waterman Avenue and East of the East line of Sierra Way,
PARCEL 15
The North 0.35 feet of the South 100.35 feet of the East 60 feet of Lot 6,
Block 3, 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.
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PARCEL 16
The East 76 feet of the South 100 feet of Lot 6, Block 3, 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.
PARCEL 17
The West 98 feet of the East 174 feet of the South 100 feet of Lot 6, Block 3,
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.
PARCEL 18
All that portion of Lot 6, Block 3, RANCHO SAN BERNARDINO, in the City of San
Bernardino, County of San Bernardino, State of California, as per Map recorded
.
in Book 7 of Maps, page 2, records of said County, described as follows:
Beginning at a point in the South line of said Lot, 174.00 feet West of the
Southeast corner thereof; thence North parallel with the East line of ~aid
Lot, 200.00 feet; thence West parallel with the South line of said Lot, to a
point 22.00 feet East of the West line of said Lot 6; thence South to a point
22.00 feet East of the Southwest corner of said Lot; thence East to the point
of beginning.
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PARCEL 19
The North 100 feet of the South 200 feet of the East 174 feet of Lot 6,
Block 3, 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.
EXCEPTING THEREFROM the South 0.35 feet of the East 60 feet of said Lot.
Together with a right of way and easement for ingress and egress over and
across the West 200 feet of the South 100 feet of the East 174 feet of said
land.
PARCEL 20
The West 22 feet of Lot 6, Block 3, Rancho San Bernardino, in the County of
San Bernardino, State of California, as per plat recorded in Book 7 of Maps,
page 2, records of said County.
PARCEL 21
Lot 7, Block 3, RANCHO SAN BERNARDINO, in the County of San Bernardino, State
of California, as per plat recorded in Book 7 of Maps, page 2, records of said
County.
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EXCEPTING THEREFROM the North 175 feet of the West 90 feet of said Lot 7,
Block 3.
PARCEL 22
All that portion of Lot 4, in Block 3, RANCHO SAN BERNARDINO, in the County of
San Bernardino, State of California, as per plat recorded in Book 7 of Maps,
page 2, records of said County, described as follows:
BEGINNING at a point in the North line of said Lot 4; said North line being
the South line of Ninth Street, 136.5 feet East of the Northwest corner of
said Lot 4; thence East along the South line of Ninth Street 72.15 feet to a
point 167.19 feet West of Northeast corner of said Lot 4; thence Southeasterly
661.30 feet to the Southeast corner of said Lot 4; thence West along the South
line of said Lot 4, 239.72 feet to a point 136.5 feet East of the Southwest
corner of said Lot 4; thence North 638.52 feet to the point of beginning.
Excepting therefrom the North 200 feet measured at right angles to the West
line of the parcel described above.
Also excepting therefrom any portion lying within the west 2 acres of said
Lot 4.
F-5999D
PERM
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EXHIBIT "B"
PARCEL NO.1:
Lots 1 through 12, inclusive, of FIFTH STREET PLACE, UNIT NO.2, TRACT
NO. 2275, in the City of San Bernardino, County of San Bernardino, State of
California, as per plat recorded in Book 32 of Maps, page 67, records of said
County.
PARCEL NO.2:
The East 209.98 feet of Lot 9, 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.
PARCEL NO.3:
Lot 8, 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.
PARCEL NO.4:
That portion of Lot 7, Block 4, of the 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, described as
follows:
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Beginning at a point on the South line of said Lot 7, which is 650 feet West
of the West line of Waterman Avenue; thence North and parallel with the West
line of Waterman Avenue to the North line of said Lot 7; thence West, along the
North line of said Lot 7 to the Northwest C0rner thereof; thence South along
the West line of said Lot 7 to the Southwest corner thereof; thence East along
the South line of said Lot 7 to the point of beginning.
PARCEL NO.5:
That portion of Lot 7, Block 4, of the 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, described as
follows:
Beginning at a point on the South line of said Lot 7, which is 600 feet West
of the West line of Waterman Avenue; thence North and parallel with the West
line of Waterman Avenue to the North line of said Lot 7; thence West along the
North line of said Lot 7, 50 feet; thence South and parallel with the West
line of Waterman Avenue to the South line of said Lot 7; thence East along the
South line of said Lot 7; 50 feet to the point of beginning.
PARCEL NO.6:
That portion of Lot 7, Block 4, of the 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 8, records of said County, described as
follows:
-30-
Beginning at a point on the South line of said Lot 7, which point is 600 feet
West of the West line of Waterman Avenue; thence East along the South line of
said Lot 7 to the Southeast corner of said Lot 7; thence North along,the East
line of said Lot 7 to the Northeast corner of said Lot 7; thence West along
the North lire of said Lot 7 to a point 600 feet West of the West line of
Waterman Avenue; thence South and parallel with the West line of Waterman
Avenue to the point of beginning.
PARCEL NO.7:
That portion of Lot 6, Block 4, of the 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, described as
follows:
Beginning at the Southwest corner of said Lot 6; thence East along the South
line of said Lot 6 to a point 400 feet West of the West line of Waterman
Avenue; thence North and parallel with the West line of Waterman Avenue to the
Southerly right of way line of the Pacific Electric Railway Company, as
conveyed to said Railroad Co., by Deed recorded February 4, 1889, in Book 92,
page 152, of Deeds; thence Northwesterly along the Southerly right of way line
of the Pacific Electric Railway Company to the North line of said Lot 6;
thence West along the North line of said Lot 6 to the Northwest corner of said
Lot 6; thence South along the West line of said Lot 6 to the point of
beginning.
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PARCEL NO.8:
That portion of Lot 6, Block 4, of the Rancho San Bernardino, in the ~ity 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. described as
follows:
Beginning at a point on the South line of said Lot 6, which point is 350 feet
West of the West line of Waterman Avenue; thence North and parallel with the
West line of Waterman Avenue, 391.33 feet; thence West and parallel with the
South line of said Lot 6, 50 feet; thence South and parallel with the West
line of Waterman Avenue, 391.33 feet to the S~uth line of said Lot 6; thence
East along the South line of said Lot 6, 50 feet to the point of beginning.
PARCEL NO.9:
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, described as
fo 11 ows:
Beginning at a point on the Northerly line of said Block 4, a distance of
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
Southerly line of Seventh Street, as shown on the Map of said Tract; thence
along the Southerly line of said Seventh Street, North 890 29' 47" West
o
58.56 feet; thence South 0 18' 40" West 633.77 feet; thence
-32-
South 800 45' 40" East 58.68 feet to a point which lies
North 890 45' 40" West, a distance of 400 feet from the Easterly line of
(j
said Block 4; thence North 0 17' 59" East 633.50 feet to the point ~f
beginning.
PARCEL NO. 10:
All that portion of Lot 4, 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 North of the
Pacific Electric Railway Company right of way, as conveyed to said Railroad
Co., by Deed recorded February 4, 1889, in Book 92, page 152, of Deeds.
PARCEL NO. 11:
That portion of Lot 4, Block 4, of the 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, described as
fo 11 ows:
Beginning at the Southeast corner of said Lot 4; thence North along the East
line of said Lot 4 to the Southerly right of way line of the Pacific Electric
Railway Company, as conveyed to said Railway Co., by Deed recorded February 4,
1889, in Book 92, page 152, of Deeds; thence Northwesterly along the Southerly
right of way line of the Pacific Electric Railway Company, 218.37 feet to a
point 600 feet West of the West line of Waterman Avenue; thence South and
-33-
parallel with the West line of Waterman Avenue to the South line of said
Lot 4; thence East along the South line of said Lot 4 to the point of
beginning.
PARCEL NO. 12:
That portion of Lot 4, Block 4, of the 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, described as
follows:
Beginning at a point on the South line of sai~ Lot 4, which is 600 feet West
of the West line of Waterman Avenue; thence North and parallel with the West
line of Waterman Avenue to the Southerly right of way line of the Pacific
Electric Railway Company, as conveyed to said Railroad Co., by Deed recorded
February 4, 1889, in Book 92, page 152, of Deeds; thence Northwesterly along
said Southerly right of way line 54.37 feet to a point 650 feet West of the
West line of Waterman Avenue; thence South and parallel with the West line of
Waterman Avenue to the South line of said Lot 4; thence East along the South
line of said Lot 4, 50 feet to the point of beginning.
PARCEL NO. 13:
All that portion of Lot 4, Block 4, of the 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. described as
follows:
-34-
Beginning at the Southwest corner of said Lot 4; thence East along the South
line of said Lot 4 to a point 650 feet West of the West line of Waterman
Avenue; thence North and parallel with the West line of said Waterman Avenue
to the Southerly right of way line of the Pncific Electric Railway Company, as
conveyed to said Railroad Co., by Deed recorded February 4, 1889, in Book 92,
page 152 of Deeds; thence Northwesterly along said Southerly right of way line
to its intersection with the West line of said Lot 4; thence South along the
West line of said Lot to the point of beginning.
PARCEL NO. 14:
All that portion of the East 1/2 of Lot 3, Blpck 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
Southerly of the Southerly right of way line of the Pacific Electric Railway
Company right of way as described in Book 92, page 152 of Deeds, records of
said County.
PARCEL NO. 15:
All that portion of the East 1/2 of Lot 3, 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
Northerly of the Pacific Electric Railway Company right of way, as described
in Book 92, page 152 of Deeds, records of said County.
-35-
PARCEL NO. 16:
Portion of Lot 3, in Block 4 of RANCHO SAN BERNARDINO, in the City of San
Bernardino, Cnunty of San Bernardino, State of California, as per plat
recorded in Book 7 of Maps, page 2, in the office of the County Recorder of
said County, described as follows:
COMMENCING at the Northeast corner of the West 1/2 of said Lot 3; thence West
48 feet 10 inches; thence South 300 feet; thence East 48 feet 10 inches;
thence North 300 feet to the point of beginning.
EXCEPTING THEREFROM any portion thereof lying,within the right of way of the
Pacific Electric Railway Company.
PARCEL NO. 17:
All that portion of Lot 3, 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, in the office of the County Recorder of
said County, described as follows:
Beginning at the Northwest corner of that certain piece of land described in
deed from San Bernardino Arrowhead and Waterman Railroad Company to M. B.
Garner recorded February 26, 1889, in Book 90, page 390, of Deeds in the
office of said Recorder; thence Westerly along the Westerly prolongation of
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the Northerly line of above-described land 75 feet to a point of intersection
with a line parallel to and distant Westerly 75 feet, measured at right
angles, from the Westerly line of above-described land; thence South~rly along
said parallel line to a point that intersects the Northeasterly line of that
certain piece of land described in the deed from the Pacific Electric Railway
Company to Dennet Withington, recorded June 19, 1944, in Book 1683, page 426
of Official Records in the office of said Recorder; thence Southeasterly along
the Northeasterly line of above-mentioned land to a point that intersects the
Westerly prolongation of the Southerly line of first mentioned land; thence
Easterly along last said prolongation to a point that intersects the
Northeasterly line of the property described as being excepted in first
mentioned deed; thence Northwesterly along last said line to a point in the
Westerly line of first mentioned deed; thence Northerly along last said
Westerly line to the Point of Beginning.
EXCEPTING THEREFROM that portion of said property lying below a depth of
500 feet measured vertically from the contour of the surface thereof;
provided, however, that Grantor, its successors and assigns, shall not have
the right for any purpose whatsoever to enter upon, into, or through the
surface of the property granted herein or any part thereof lying between said
surface and 500 feet below said surface, as reserved in deed from Southern
Pacific Transportation Company to City of San Bernardino recorded January 2,
1975 in Book 8586, page 630.
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PARCEL NO. 18:
That portion of Lot 3, Block 4, Rancho San Bernardino, in the City of San
Bernardino, County of San Bernardino, State of California, as recorded in
Book 7 of Maps, page 2, records of said County, described as follows:
Beginning at a point in said Lot 3, said point being more particularly
described as the Northeast corner of the property conveyed to Agnes Lindner by
deed dated May 10, 1888 and recorded May 12, 1888 in Book 76, page 102 of
Deeds in the office of the County Recorder; thence running South 60 feet;
thence running Northwest 85 feet to the North boundary line of said land;
thence East 65 feet to the point of beginning.,
PARCEL NO. 19:
A portion of Lots 1, 2 and 3, Block 4 of the Five Acre Survey of Rancho San
Bernardino, in the County of San Bernardino, State of California, as per plat
recorded in Book 7 of Maps, page 2, records of said County, more particularly
described as follows:
Beginning at the Northwest corner of that certain real property described in
the deed from H. C. Rolfe to the San Bernardino, Arrowhead and Waterman
Railroad Company, recorded in Book 68, page 354 of Deeds, said Northwest
corner being at the intersection of the Easterly line of Sierra Way (82.5 feet
wide) and the Southerly line of Seventh Street (82.5 feet wide); thence South
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along said Easterly line of Sierra Way, 300 feet to the Southwest corner of
said real property; thence East along the Southerly line of said real
property, 28.6 feet to the true point of beginning, whence the center of a
curve bears South 670 30' 27" East, 382.5 feet; thence from said true point
of beginning Easterly along the arc of said curve, 599.88 feet; thence along a
tangent line South 670 39" East, 29.16 feet to the beginning of a tangent
curve concave to the Southwest and having a radius of 556 feet; thence
Southeasterly along the arc of last mentioned curve, 282.23 feet; thence on a
tangent line South 380 34' East, 36.75 feet to a point in the Southerly line
of said real property; thence West along said Southerly line, 772.03 feet to
the true point of beginning.
PARCEL NO. 20:
The West 22 feet of Lot 6, Block 3, RANCHO SAN BERNARDINO, in the County of
San Bernardino, State of California, as per plat recorded in Book 7 of Maps,
page 2, records of said County.
PARCEL NO. 21:
Lot 7, Block 3, RANCHO SAN BERNARDINO, in the County of San Bernardino, State
of California, as per plat recorded in Book 7 of Maps, page 2, records of said
County.
EXCEPTING THEREFROM the North 175 feet of the West gO feet of said Lot 7,
Block 3.
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PARCEL NO. 22:
All that portion of Lot 4, in Block 3, Rancho San Bernardino, in the County of
San Bernardino, State of California, as per plat recorded in Book 7 of Maps,
page 2, records of said County, described as follows:
BEGINNING at a point in the North line of said Lot 4: said North line being
the South line of Ninth Street, 136.5 feet East of the Northwest corner of
said Lot 4: thence East along the South line of Ninth Street 72.15 feet to a
point 167.19 feet West of Northeast corner of said Lot 4: thence Southeasterly
661.30 feet to the Southeast corner of said Lot 4: thence West along the South
line of said Lot 4, 239.72 feet to a point 13q.5 feet East of the Southwest
corner of said Lot 4; thence North 638.52 feet to the point of beginning.
EXCEPTING THEREFROM the North 200 feet measured at right angles to the West
line of the aforementioned parcel.
ALSO EXCEPTING THEREFROM any portion lying within the West 2 acres of said
Lot 4.
PARCEL 23
All right, title, and interest in that certain property conveyed to the City
of San Bernardino described in the deed recorded January 2, 1975 in Book 8586,
page 627, official records of San Bernardino County.
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Also excepting therefrom all oil, gas, hydrocarbons, or other minerals in and
under the above described parcels of land without the right of surface entry
for development thereof, and without the right of prospecting or extracting
said minerals in such a manner that will disturb the surface of such property
or any improJements placed in or upon the property in pursuit of its use for
recreation.
Also reserving to the City of San Bernardino all right, title, and interest in
and to all water and water rights, whether surface or subsurface, or any other
kind including all appurtenant water and water rights, and all water rights
incident to the real property herein described, or used thereon or in
connection therewith, and all other appurtenan~ rights and easements
pertaining to said real property.
Also reserving to the City of San Bernardino an easement for, and the right to
construct, maintain, operate, and use pipe lines and appurtenant structures,
in and across that portion of the following described land.
All that portion of the North 1/2 of Lots 1, 2 and 3, Block 4 of the Five Acre
Survey of Rancho San Bernardino, in the County of San Bernardino, State of
California, as per plat recorded in Book 7 of Maps, page 2, records of said
County.
F-5999D
PERM
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