HomeMy WebLinkAboutCDC/2008-33
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RESOLUTION NO. CDC/2008-33
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO EXECUTE THE TERMINATION AGREEMENT TO
THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE AGENCY AND CENTURY CROWELL COMMUNITIES,
LP
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency")
9 entered into that certain 2006 Disposition and Development Agreement (the "2006 DDA") with
10 Century Crowell Communities, LP (the "Developer"), as approved by the Community Development
11 Commission of the City of San Bernardino (the "Commission") on July 24, 2006, (Resolution
12 CDC/2006-32), for the purchase and development of Agency Property (the "Agency Parcel"); and
13 WHEREAS, pursuant to the DDA the Developer has through and including January 26,
14 2009, in which to perform or waive the conditions precedent in connection with the Developer's
15 purchase from the Agency of the Agency Parcel; and
16 WHEREAS, the Developer has advised the Agency, that without limitation, in the light of
17 the current depressed economic and housing conditions in the City and County of San Bernardino
18 the Developer would like to terminate the DDA; and
19 WHEREAS, the Agency is willing to terminate the DDA.
20 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
21 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
22 FOLLOWS:
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Section 1.
The Community Development Commission hereby approves and authorizes
24 the Interim Executive Director of the Agency to execute the attached Termination Agreement to the
25 2006 Disposition and Development Agreement between the Agency and Century Crowell
26 Communities, LP, of even date herein together with such technical and conforming changes as may
27 be recommended by the Agency Interim Executive Director and Agency Counsel.
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CDC/2008-33
This Resolution shall take effect from and after its date of adoption by this
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CDC/2008-33
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO EXECUTE THE TERMINATION AGREEMENT TO
THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE AGENCY AND CENTURY CROWELL COMMUNITIES,
LP
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a join~ regul"r
meeting
8 thereof, held on the ] 8 th day of AUgtlRt , 2008, by the following vote to wit:
9 Commission Members: Aves Navs Abstain Absent
10 ESTRADA x
11 BAXTER x
-
12 BRINKER x
13 DERRY --X-
14 KELLEY x
15 JOHNSON x
16 MCCAMMACK x
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,2008.
24 Approved as to Form:
25 tIJ
26BY:(~
~Agenc 0 sel
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CDC/2008-33
TERMINATION AGREEMENT
AND MUTUAL RELEASE
THIS TERMINATION AGREEMENT AND MUTUAL RELEASE (the "Agreement") is
entered into as of this 18th day of August, 2008, by and between the Redevelopment Agency of the
City of San Bernardino, a public body, corporate and politic (the "Agency") and Century Crowell
Communities, LP, a California limited partnership (the "Developer"), in light of the facts set forth in
the following recitals. In this Agreement, the Agency and the Developer may each be referred to as
a "Party" and may collectively be referred to as the "Parties."
RECITALS
A. The Agency and the Developer executed and entered into that certain Disposition and
Development Agreement, dated as of July 24, 2006 (the "DDA").
B. Pursuant to the DDA, that certain Escrow, Escrow Number 171639-TC (the
"Escrow") was opened with Fidelity National Title Company (the "Escrow Company" or the
"Escrow Holder") on January 26,2007.
C. Pursuant to the DDA, the Developer deposited with the Escrow Holder the Initial
Deposit in the amount of Fifty Thousand Dollars ($50,000) and the Additional Deposit in the amount
of One Hundred Thousand Dollars ($100,000), in the aggregate amount of One Hundred Fifty
Thousand Dollars ($150,000) (the "Deposit").
D. Pursuant to Section 2.17 and Section 2.21 of the DDA, the Developer has through and
including January 26, 2009 in which to perform or waive the conditions precedent in connection
with the Developer's purchase, from the Agency, of the Agency Parcel.
E. Pursuant to that certain letter dated July 7,2008 from the Developer to the Agency,
the Developer has advised the Agency that, without limitation, in light of the current depressed
economic and housing conditions in the City of San Bernardino, County of San Bernardino, the
Developer would like to terminate the DDA as ofthe Effective Date (as defined below) and would
like the Escrow Holder to deliver the Deposit to the Developer less one-half of the customary and
reasonable escrow cancellation and title-related costs and expenses incurred in connection with the
Escrow together with all other fees, costs, charges, amounts and sums due and owing by the
Developer for title and escrow services.
F. The Agency is willing to terminate the DDA as ofthe Effective Date and requests the
Escrow Holder to deliver the Deposit to the Developer less one-half of the customary and reasonable
escrow cancellation and title-related costs and expenses incurred in connection with the Escrow
together with all other fees, costs, charges, amounts and sums due and owing by the Developer for
title and escrow services.
G. The Agency and the Developer now desire to mutually terminate the DDA subject to
the terms, covenants and conditions of this Agreement.
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CDC/2008-33
NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS SET FORTIl ABOVE,
AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND.
SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE AGENCY AND THE
DEVELOPER AGREE AS FOLLOWS:
I. Recitals and Defmitions. The Recitals set forth above are true and correct and are
incorporated herein by this reference. Initially capitalized terms not defined in this Agreement shall
have the meanings set forth in the DDA. This Agreement will become effective on the date (the
"Effective Date") that this Agreement has been approved and duly executed by the appropriate
representatives of the Agency and the Developer.
2. Termination. The Agency and the Developer agree that as of the Effective Date, the
DDA is hereby terminated and is of no further force and effect and that neither the Agency nor the
Developer shall have any further rights or obligations to one another thereunder whatsoever.
3. Deoosit Return. The Agency shall instruct the Escrow Holder to return and deliver
the Deposit to the Developer less one-half of the customary and reasonable escrow cancellation and
title-related costs and expenses incurred in connection with the Escrow together with all other fees,
costs, charges, amounts and sums due and owing by the Developer for title and escrow services.
4. Mutual Release. For good and valuable consideration, including, but not limited to
their mutual agreement to terminate the DDA, except for such rights and obligations in the DDA that
survive the early termination of the DDA, the Agency on the one hand, and the Developer on the
other hand, do hereby fully, completely, finally and forever release and discharge each other and
their respective officers, partners, members, agents, employees, attorneys, successors, heirs, and
assigns from any and all claims, actions, causes of action, demands, rights, debts, promises,
liabilities, damages, accountings, costs and expenses, whether known or unknown, suspected or
unsuspected, of every nature whatsoever, whether now or hereafter existing, which any of them has
or may have against the other with respect to any and all matters arising out of the DDA, the Site,
and/or the Agency Parcel, all of which released matters shall collectively be referred to as the
"Released Claims" and singularly as the "Released Claim."
IT IS THE INTENTION OF THE PARTIES HERETO THAT THIS AGREEMENT SHALL
BE EFFECTIVE AS A FULL AND FINAL RELEASE OF EVERY RELEASED CLAIM. IN
FURTHERANCE OF THIS INTENTION, THE PARTIES HERETO, AND EACH OF THEM,
ACKNOWLEDGE THAT THEY HAVE BEEN ADVISED BY THEIR LEGAL COUNSEL AND
ARE FAMILIAR WITIl THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542,
WHICH PROVIDES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR"
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CDC/2008-33
THE PARTIES HERETO, BEING AWARE OF THIS CODE SECTION, HEREBY
EXPRESSLY W AIVEANY RIGHTS THEY MAY HAVE THEREUNDER, AS WELL AS
UNDER ANY OTHER STATUTES OR COMMON LAW DOC F SIMILAR EFFECT.
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Agency Initials
The Parties hereto, and each of them, acknowledge that hereafter they may discover facts in
addition to, or different from, those that they now know or believe to be true with respect to the
subject matter of this Agreement and the Released Claims, but that, notwithstanding the foregoing, it
is their intention hereby to fully and forever settle and release each of the Released Claims, and that
in furtherance of this intention, the releases herein given shall be and remain in effect as full and
complete releases.
5. Ownership of Released Claims. The Parties hereby represent and warrant to each
other that, as to any Released Claim, each of them is the sole and absolute owner of each Released
Claim released by it or him, free and clear of all other rights and interest therein, and has the right,
ability and sole power to release said Released Claims. The Agency and the Developer have not,
and will, transfer, convey, assign, encumber, pledge or hypothecate their respective Released Claim,
or any interest therein.
6. Attornevs' Fees. In the event there is any dispute concerning or arising out of the
terms of this Agreement or the performance of any Party hereto with respect to the terms of the
Agreement, the prevailing Party in such dispute shall be entitled to recover, in addition to its costs,
all attorneys' fees, court costs and expenses reasonably incurred in connection with the dispute.
Further, if any action is taken, the Parties agree to submit to the jurisdiction of the courts of San
Bernardino County, State of California.
7. Countemarts. The Agreement may be executed in one (I) or counterparts, each of
which shall be deemed an original, and all taken together, shall constitute one and the same original
Agreement.
8. Severabilitv. If any provision of this Agreement is held, determined or adjudicated
to be illegal, invalid or unenforceable for any reason by any court of competent jurisdiction, such
provision shall be severed from the remaining provisions ofthe Agreement and shall not affect the
validity or enforcement of the remaining provisions.
9. Intel!ration. The Parties hereby expressly agree that this Agreement constitutes the
entire agreement between the Parties relating to the termination of the DDA. It supersedes all prior
negotiations, promises, covenants, agreements and representations, if any, between the Parties
relating to the termination of this DDA.
10. Controllinl! Law. This Agreement shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
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CDC/2008-33
II. Section titles. The section titles in this Agreement are used for convenience only by
the Parties and are not to be taken as part of the instrument or used to interpret this Agreement.
12. Interoretation. Whenever the context of this Agreement so requires, the masculine
shall include the feminine, or neuter, the feminine shall include the masculine or neuter, the neuter
shall include the masculine or feminine, the singular shall include the plural and the plural shall
include the singular.
13. Amendment. This Agreement may not be altered, amended, modified, or otherwise
changed in any respect, except by a writing executed by an authorized representative of each Party.
14. Authorization. The Agency and the Developer represent and warrant to one another
that each Party has the authority to execute, deliver and perform this Agreement and that each Party
has taken all necessary action to approve this Agreement. The undersigned, by their signatures,
represent and warrant that they are authorized agents of their respective entities and are authorized to
execute this Agreement.
15. Successors. This Agreement shall be binding upon and inure to the benefit of the
Parties and their respective successors, executors, administrators, trustees, heirs, personal
representatives and assigns.
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CDC/2008-33
IN. WITNESS WHEREOF, the Parties hereto execute this Agreement on the date set
forth opposite their respective signatures.
DEVELOPER
Century Crowell Communities, LP,
a California limited partnership
Cen~ Homes Communities, a California corporation
Its:. Greral Partner __ (\ n
Bvf,l, tAl. rcw.Jl4..
, John W. Pavelak, President
'Ii
,
AGENCY
Dated: c;/w lor
Redevelopment Agency of the City of San Bernardino,
'PUbli'OO~~,
By: ?fj
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
-l?A~
Agency s
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Recording Requested By And
When Recorded Mail To:
Recorded In Offlclal Records, County of San Bernardino .
6 ~~~lon~~~~E~COrder
.. P Counler
Doell: 2008 - 0405396
1I1~1 ~I UIUIIII
Tftles: 1
Redevelopment Agency
of the City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, California 9240 I
Attn.: Interim Executive Director
Fees
Taxes
Other
PAID
Space above this line for Recorder's use only ~
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
NOTICE OF TERMINATION OF THE
DISPOSITION AND DEVELOPMENT AGREEMENT
TO ALL INTERESTED PERSONS, PLEASE TAKE NOTICE that as of August 26,
2008, that certain Disposition and Development Agreement, dated as of July 24, 2006 (the
"DDA"), by and between the Redevelopment Agency of the City of San Bernardino, a public
body, corporate and politic (the "Agency"), and Century Crowell Communities, LP., a California
limited partnership (the "Developer"), is hereby terminated effective on the date (the "Effective
Date") that the Termination' Agreement and Mutual Release, by and between the Agency and the
Developer, is approved and duly executed by the appropriate representatives of the Agency and
the Developer.
I. This Notice of Termination of the Disposition and Development Agreement (the
''Notice of Termination") affects the real property (the "Property") described in Exhibit "A"
attached hereto and by this reference made a part hereof.
2. The Agency and the Developer hereby represent and warrant that neither of them
is aware of any breach or default by either party of their respective obligations and duties under
the DDA as of the date of this Notice of Termination.
P;\Agendu\AgeDda A1tachmeDtI\Agrmtl-Amcnd 2008\08-1s..08 Celltuty Crowell DDA. NoticeIOfTenninati.on.doe
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10:35 AM
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Pages: 8
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CDC/2008-33
IN WITNESS HEREOF, this Notice of Termination of the Disposition and Development
Agreement is dated on the date set forth opposite their respective signatures.
DEVELOPER
Century Crowell Communities, LP,
a California limited partnership
By: Century Homes Communities,
a California corporation
I : General Partner
B . ~
AGENCY
Dated:~
Redevelopment Agency
of the City of San Bernardino,
a public body, corporate and politic
By. ~
Emil A.Mim.no, In~ - x....tiw ~
Appro"'" u "'!jJJ: "'''' Confunt
\~~
Agency Counse
ATTACH ACKNOWLEDGMENTS
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ACKNOWLEDGMENT
State of California
County of San Bernardino
On August 25. 2008 before me, Rosalind Yvette Marshall.Notarv Public
(insert name and title of the officer)
personally appeared John W. Pavelalt, President
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
his/herltheir authorized capacity(ies), and that by his/her/their 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 PENAL TV OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
,.~~~,-]
. c......1 I filii 1..."..
HaIaIY NIlIO . C J7 lID
Ian ... _"10 CounIV
MvCOmm. ElcplreI ~ 3. 2C!1
. ..-....--,.. ..-.-..-
WITNESS my hand and official seal.
Title of Document: NOTICE OF TERMINATION OF THE
DISPOSITION AND DEVELOPMENT AGREEMENT
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California }
County of ::;;~/80r/Jar-;:0/JO (/JOW>"'!-( ~6t<)
On ?,6~1 a before me, ,~er'CI::; hh7&?e~eI/j:./I)e/~
Da.. c::::-:. _ Ha.. ".." Nama and TIlla of tha 0Ifl""
personally appeared &LZ.L.I / m~7A/ //IJ
r Name(s) of Slgner(s)
1- - - ~e.:.:.~ -,
_@ c........ # 16l1296S ~
$. Nc*IIy P\dc . CaIIOma "
2 b=-ec.nv i
t _ _ _ ~~""~~2~
who proved to me on the basis of satisfactory evidence to
be the persohl&l. whose nam~ iS1afe subscribed to the
within instrument and acknowledged to me that
hel~ executed the same in his/heltll'leir authorized
capacity(lesl, and that by hisll'lerAr1eic signatu~on the
instrument the perso~ or the entity upon behalf of
which the perso~cted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS x.::;;;icial seal. .
Signature ~ .#)~
SIgnature of Notary Public
OPTIONAL
Though the Infonnation below Is not required by law, it may provo valuable 10 parsons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document. /) n _ ...._/~ J
Description of Attached Document ~/v,t/r1
~tle or Type of Doc6,.rz:t;rJnd~ 0/1 ~t' CflJW ~ - bv;l)jJt(/
Document Date: (' / g'/ Number of Pages: -.3
'-....
Place Notary Seal Alx:Ne
Signer(s) Other Than Named Above:
Capaclty(les) Claimed by Slgner(s)
~~~er's Name:~;/ J'l7arw// 0
)&Jndividual
Corporate Officer - Title(s):
rtner - 0 Limited 0 General
AllO ey in Fact
Trustee
o Guardian 0
o Other:
Rll,'!T lHlJIllJl'HINT
Of Sll,f~[n
Top of thumb here
er's Name:
o In . ual
o Corpora icer - Title(s):
o Partner - 0
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer Is Representing:
fllGIHTIHHlBPRINT
OF SI(,~~FI~
Signer Is Representing:
l
C200l National Notary Association. 9350 De Solo Ave., P.D. Box 2402 . Chat8worth, CA 91313-2402. WNW.NationaINotary.org Item i59D7 Reorder: Call TC)I..Free 1-800-876-6827
CDC/2008-33
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
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CDC/2008-33
PARCEL 1:
Thai portion of the following described property lying North of the Northerly line of the ,
property conveyed to the State of California by deed recorded December 6 1957 in Book
4384, Page 553 of Official Records: .
Thai portion of Lot 11 of Meyer's and Barclay Subdivision, in the City of San Bernardino,
as shown by Map on file in Book 2, Pagels) 32 of Maps. in the Office of the County .
Recorder of San Bernardino County. California, described as follows:
Beginning at a point on the Northerly line of the Cajon State Highway which is South 40"
46' East, 283 feet from the point of intersection of the West line of said Lot 11, with the
said Southerly line: thence North 020 56' East, 304 feet to the uue point of beginning:
thence South 870 14' East, 312.66 feet to the Easterly line of the property deeded to Clas
P. Erickson and wife, recorded June 6, 1949 in Book 2413, Page 387, of Official Records
of San Bernardino County; thence North 0" 38' East, 934 feet, more or less, to the
Southerly line of the property deeded to the San Bernardino County Flood Control. as
recorded in Book 1716, Page 156, of Official Records: thence along said line North 59" 41'
15" West, 589.90 feet to the West line of said Lot 11; thence along said West line South
02' 56' West, 826 feet, more or less, to a point 500 feet from the Northerly line of said
Cajon State Highway; thence South 460 46' East, 2B3 feet; thence South 020 56' West.
196 feet to the point of beginning.
PARCEL 2:
Thai portion of Block 11 of Meyer Barclay Subdivision, in the City of San Bernardino. as
per Map recorded in Book 2. Page 32 of Maps. Records of said County. described as
follows:
Beginning at an iron pipe on the Northerly right of way line of California State Highway.
distant South 460 46' East, 697.40 feet from the intersection of said right of way line with
the West line of said Block 11: and said point of intersection is located North 30 'I' East,
2130.90 feet from the Southwest corner of said Block 11; thence South 460 46' East
along said right of way line 100 feet to an iron pipe: thence North 30 4' East, 1146 feet to
an iron pipe; thence North 46" 46' West. 100 feet to an iron pipe; thence parallel with. the
West line of said Block 11, South 30 'I' West, 1146 feet to the point of beginning.
Excepting therefrom that portion lying Southerly of the Northerly line of the property. as
conveyed to the State of California, recorded June 6. 1957 in Book 4249. Page 130, of
Official Records.
PARCEL 3:
All that portion of lot 11. according to the Map of Meyers and Barclay Subdivision of a.
portion of the Muscupiabe Rancho, in the City of San Bernardino. as per Map record~d In
Book 2, Page 32 of Maps. Records of said County. lying within the following described
property:
That portion of Lots "J'", '"K", "L" and "M" according to Map showing a port!on of Meyer
and Barclay Subdivision. in the City of San Bernardino. as per Map recorded In Book 12.
Page 18 of Maps. in the Office of the County Recorder of said County and a portion of Lot
11 according to Map of Meyers and Barclay Subdivision of a portion of the Muscupiabe
Ra~cho in said County. as per Map recorded in Book 2. Page 32 of Maps. in the Office of
the County Recorder of said County, described as follows:
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CDC/2008-33
Commencing at the center line intersection of Irvington Avenue and Cypress Avenue, as
shown on the Map of the Town of Irvington recorded in Book 3, Page 9 of Maps, in the
Office of the County Recorder of San Bernardino County; thence South 270 36'.50" West
100 feet along.the centerline of Cypress Avenue: thence North 620 23' 10" West, 344.47
feet to the beginning of a tangent curve concave Northeasterly and having a radius of
2,OC?O !eet: ~enc,: Nort~westerly along the arc of .said curve 1200 feet to the true point of
begmmng. Said poInt being on the Southwesterly line Of Parcel No.3 as described in deed
to San Bernardino :County Flood Control District, recorded July 27, 1 94B in Book 2268,
Pa!}e 146 of Officla! Records; thence from said trUe point of beginning continuing along
.sald 2,000 foot radiUS curve 674.48 feet; thence North OBo 29' 20" West, 262.26 feet to
a point on the Northerly line of said Lot "M", said point being South 8g0 44' 40" West.
297.96 feet from the Northeast comer of said Lot "M"; and South 890 44' 40" West.
30.00 feet from the Southeast corner <<;If said Lot "J": thence North 270 43' 00" West,
420,00 feet; thence continuing North 27. 43' 00" West, 577.00 feet: thence North 370
00' West. 170 feet to a point on the Easterly line of Lot "K" which is Southerly 660 feet
from the Northeast corner thereof; thence North 37. 00' West, 400 feet, more or less; to
an angle point i':l t~e Southwesterly line of Par~el No. 4 in deed to San Bernardino County
Flood Control D,stnct recorded July 27,.1948 In 800k 226B, Page 146 of Official Records;
thence North 89. 15' West, 196 feet to a point on the East line of Lot "L" distant
Southerly 660 feet from the Northeast corner thereof; thence Southwesterly to a point on
the Westerly line of Lot "L" distant Southerly 9BO feet from the Northwest corner thereof;
thence Southerly along the west line of said Lot "L" and along the East line of said Lot 11.
a distance of 825 feet, more or less, to the Northeast corner of the land described in deed
to Jerry 8erman and Sons. recorded August 26. 1953 in Book 3231. Page 465, of Official
Records: thence North 47" 13' 46" West along the Northerly line of said Berman Land and
the extension thereof 1330 feet to the Southwest corner of the land conveyed to San
Bernardino County Flood Control District by deed recorded May 4,1945 .in Book 1766.
Page 305 of Official Records: thence North 59.41' 15" West, 277.89 feet, more or less.
to the Northeast corner of the land conveyed to Billy Lee Turner and other by deed
recorded March 17. 1958 in Book 4462, Page 73 of Official Records: thence South 2. 3B'
West along the East line thereof of 3BO feet, more or less, to the Northwest corner of the
land conveyed to Flossie I. Matthews by deed recorded January 22, 1935 in Book 1032,
Page 258 of Official Records; thence South 460 46' East, 100.00 feet to the Northeast
corner of said Matthews Land; thence South 3.04' West along the East line thereof 260
feet. more or less. to the Northerly line of the land conveyed to the State of California for
freeway purposes: thence South 47" 11' 00" East along the Northeasterly line of said
State Land. 450 feet, more or less, to a point on the West line of the land conveyed to
Lucile Whitman by deed recorded January 22, 1932 in Book 784, Page 65 of Official
Records; thence North 2. 40' 06" East, 155 feet, more or less, to the Northwest corner of
said Whitman Land: thence South 47. 11' 35" East, 840 feet to the East line Of said Lot
11: thence Southerly along the East line of said Lot 11 to the Northeasterly line of said
State of Califomia Land: thence South 47. 11' 00" East along said Northeasterly line 1965
feet, more or less, to a point on a line extending frOm the most Northerly corner of Lot 15
of Tract Na. 3401, as per Map recon:JedinBook 46, Page 94 of Mal'ls. to the point of
beginning. thence Northeasterly along said line a dis.tance of S.S!? feet. more or less, to the
point of beginning.
Excepting therefrom any portion lying within Tract No. 12756 as per Map recorded in 800k
1 97, Pages 22 through 25, inclusive. Records of said County. .
Also excepting therefrom from portions of s~id land 1/2 of .all oil, gas a~d other .
hydrocarbons and minerals, now or at any time here~f~r sl~ated th,:,eln a~d thereunder or
.producible therefrom, together with the free and unlimited right to mine. drill and bore
beneath the surface of said land at any level or levels, 100 feet or more below the surfa~e
of said land for the purpose of development or removal of such substances as reserved '..0
the deeds recorded in Book 3038, Page 153; Book 3081, Page 98; Book.3585. Page 82.
and in Book 4806. Page 533. all of Official Records.
Also excepting therefrom from a portiOn of s~id land 1/2 o,f all oil. gas and other .
hydrocarbons, noW or at any time hereafter. sltu~ted there,1O and, thereunder or producible
therefrom. together with the free and unlimIted nght to mine. dnll and bore beneath the
."
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CDC/2008-33
surface of said land at any level or levels. 100 feet or more below the surface of said land
for the purpose of development or removal of such substances, as reserved in the deed
from Wilma H. Weaver to Wilbur Ray James, ~a single man, recorded August 25, 1958 in
Book 4586, Page 188 of Official Records.
Also excepting therefrom from a portion of said land 1/2 of all oil, gas and other
hydroCarbons. now or at any time hereafter situated therein ahd thereunder or producible
therefrom, together with the free and unlimited right to mine, drill and bore beneath the
surface of said land at any level or levels, 100 feet or more below the surface of said land
~ for the porpose of development or removal of such substances, as reserved to William
Casady in deed recorded in Book 4012, Page 320 of Official Records.
PARCEL 4:
All that certain real property located in the City of San Bernardino, described as follows:
A portion of Section 2, Township 1 North, Range 5 West, S<ln Bem<lrdino Mendi<ln,
unsurveyed a5 said Section line may be extended across Rancho Muscupiabe, as per Map
recorded in Book 7, Page 23 of Maps, Records of said County. said parcel also'being a
portion of Block 11 of the Meyer and Barclay Subdivision, as per Map recorded in Book 2,
Page 32 of Maps, Records of said County, more particularly described as follows:
Beginning at a point on the Northerly line of the Cajon State Highway, said point being
North 460 50' West, 420 feet from the intersection of said' Northerly line and the Easterly
line of Said block 11; thence along said Northerly line of said Cajon State Hignway, North
46D 50' West. 420 feet to a point: thence along a line parallel to the Easterly line of said
Block 11, North 20 38' East, 1037.14 feet to a point; thence along a line parallel to said
Northerly line of said Cajon State Highway, Souih 460 50' East. 420 feet to a point; thence
along a fme parallel to the Easterly line of s<lid Block 11, South 20 38' West, 1037.14 feet,
more or less. to the point of beginning.
Excepting therefrom that portion lying Southerly of the Northeasterly line of ~hat land
described in the deed to the State of California, recorded August 2. 1957 in Book 4294.
Page 143 of Official Records of said County.
PARCEL 5:
All that certain real property located in the City of San Bernardino, described as follows:
That portion of Block 11, Meyer and Barclay Subdivision. as per Map recorded in Book 2,
Page 32 of Maps, Records of said County, described as follows:
Beginning at the intersection of the East line of s<lid Block 11 with the Northeasterly line of
thl. paicef conveyed to the State of California by 'Ieed. recorded June 5:1957, as '
Instniinent No. 174, in Book 4247. Page 563, of OffiCial Records of said County: thence
North 20 40' 6" East. 155.18 feet to the Northeasterly corner of the parcel of land
cOflveyed to Harold S. Ladas by deed recorded August 12, 1959 as Instrument No. 93, in
Book 4901. Page 17 of Official Records of said County: ~hence North 46050' 00" Wes~
420 feet more or less. to the Northwesterly corner of said Ladas Land; thence South 2
40' 06" East, 155.08 feet along the West line of said Ladas Land to a point i" the,
Northeasterly line of said parcel conveyed to the State of California; thence South 4 70 11'
00. West. 420.06 feet to the point of beginning. '
SUBJECT TO REVISIONS
SURVEY
TO BE BASED ON BOUNDARIES AS DETERMINED BY ALTA