HomeMy WebLinkAbout2010-129
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RESOLUTION NO. 2010-129
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RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND
3 AUTHORIZING THE EXECUTION OF A REAL PROPERTY EXCHANGE
AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL
4 DISTRICT AND THE EXECUTION OF A GRANT DEED FOR THE EXCHANGE OF
5 CITY OWNED PARCELS OF REAL PROPERTY GENERALLY LOCATED
NORTHERLY OF CAMPUS PARKWAY, BETWEEN KENDALL DRIVE AND
6 NORTHP ARK BOULEVARD IN THE CITY OF SAN BERNARDINO.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
8 OF SAN BERNARDINO AS FOLLOWS:
9 SECTION 1. That the City Manager of the City of San Bernardino is hereby directed and
10 authorized to execute on behalf of the City, a Real Property Exchange Agreement with the San
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Bernardino County Flood Control District, a copy of which is attached hereto as Exhibit "A-I",
for the exchange of certain City owned parcels of land generally located northerly of Campus
Parkway, between Kendall Drive and Northpark Boulevard, in the City of San Bernardino, State
of California; and
SECTION 2. That the Mayor of the City of San Bernardino is hereby directed and
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uthorized to execute on behalf of the City, a Grant Deed, a copy of which is attached hereto as
xhibit "I" of said Exhibit "A-I", for said certain City owned parcels of land, and more fully
escribed in Exhibit "A" of said Grant Deed, attached hereto and made a part hereof;
SECTION 3. Said Agreement shall be null and void if either party fails to
xecute the Agreement within ninety (90) days of the date of adoption of this Resolution.
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5/17/2010
2010-129
1 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE
EXECUTION OF A REAL PROPERTY EXCHANGE AGREEMENT WITH THE SAN BERNARDINO
COUNTY FLOOD CONTROL DISTRICT AND THE EXECUTION OF A GRANT DEED FOR THE
2 EXCHANGE OF CITY OWNED PARCELS OF REAL PROPERTY GENERALLY LOCATED
3 NORTHERLY OF CAMPUS PARKWAY, BETWEEN KENDALL DRIVE AND NORTHPARK
BOULEVARD IN THE CITY OF SAN BERNARDINO.
held on the 7th
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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 Bernardino at a i oint regular
meeting thereof
day of
June
, 20~, by the following vote, to
wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ x
x
DESJARDINS
BRINKER x
DERRY x
KELLEY x
JOHNSON x
x
MCCAMMACK
Q~h.~
City Clerk
he foregoing resolution is hereby approved this tjru day of
.June
,20~.
~i~
P TRI K J. MORRI , v 'y6r
City 0 San Bernardino
5/17/10
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County of San Bernardino
Flood Control District
FAS
CONTRACT TRANSMITTAL
ORl GlNAL
FOR OFFICIAL USE ONL Y
f- New Vendor Code Deal. Contract Number
- Change SC A ,0-650
Cancel
Dept. Orgn. Contractor's License No.
Real Estate Services Department
Contract Representative Telephone Total Contract Amount
David H. Slauahter, Director (909) 387-7813 N/A
Contract Type
o Revenue D Encumbered o Unencumbered [Xl Other: Land Exchanae
If not encumbered or revenue contract type, provide reason:
Commodity Code Contract Start Date Contract End Dale Original Amount Amendment Amount
$
Fund Dept. Organization Appr. ObjlRev Source GRC/PROJ/JOB No. Amount
RFF 092 092 , 2419 F00852 N/A
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
. $
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
. , $
Project Name Estimated Payment Total by Fiscal Year
Devil Canyon Levee- FY Amount I/O FY Amount I/O
Campus Parkway $ $
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<I: - <I: -
<I: <I:
CONTRACTOR City of San Bernardino
FederallD No. or Social Security No.
Contractor's Representative Ryan Sandoval
Address 300 North "D" Street, San Bernardino, CA
Phone (909) 384-5057
Nature of Contract: (Briefly describe the general terms of the contract)
Convey five easements for road purposes across San Bernardino County Flood Control District land
along the Devil Canyon Levee and encompassing approximately 1.27 acres to the City of San
Bernardino in exchange for 0.18 acres of land in fee situated within the Devil Canyon Levee system.
Approved as to Legal Form (sign in blue ink)
~ SEE LAST PAGE OF AGREEMENT
Counsel
Date
Reviewed as to Contract Compliance
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Date
Date eft !/O
1C
rd U 0
Auditor, ontrollor-Reco er so nlv
D Contract Database [J FAS
Input Date Keyed By
Revised 1i13/09
2010-129
REAL PROPERTY EXCHANGE AGREEMENT
THIS REAL PROPERTY EXCHANGE AGREEMENT (this "Agreement") is entered
into as of....4.1?.... 7 ' 2010 (the "Agreement Date"), by and between CITY OF SAN
BERNARDINO, a municipal corporation and charter city ("Seller") and the SAN BERNARDINO
COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic ("Buyer"). The Seller and
the Buyer are sometimes referred to herein individually as a "Party" and collectively as the
"Parties." The Parties hereto have entered into this Agreement with reference to the following
Recitals:
RECITALS
A. Seller is the owner of that certain real property located in the City of San
Bernardino, County of San Bernardino, State of California, and more particularly described on
the Grant Deed a copy of which is attached hereto as Exhibit "I" (collectively, the "City
Property").
B. Buyer is the owner of that certain real property located in the City of San
Bernardino, County of San Bernardino, State of California, and more particularly described on
the Easement Documents for PARCEL 39, a copy of which is attached as Exhibit "2", and the
Easement Document for PARCEL 40-43 a copy of which is attached hereto as Exhibit "3" (the
"District Property").
C. Subject to the terms and conditions hereof, (i) Seller desires to transfer in fee the
City Property to Buyer and Buyer desires to accept the same; and (ii) Buyer desires to grant
easements over, under and across the District Property to Seller and Seller desires to accept the
same.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants
and obligations contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
ARTICLE 1
PROPERTY EXCHANGE
1.1 Exchanl!:c.
(a) Subject to all of the terms and conditions hereof (including, without limitation, the
concurrent grant described in subsection ill of this Section 1.1), upon the Closing, Seller agrees
to convey, transfer and assign to Buyer, and Buyer agrees to accept from Seller, all of Seller's
right, title and interest in and to the City Property, subject only to the Permitted Encumbrances
applicable to the City Property.
2010-129
(b) Subject to all of the terms and conditions hereof (including, without limitation, the
concurrent conveyance described in subsection ill) of this Section 1.1 ), upon the Closing, Buyer
agrees to grant to Seller, and Seller agrees to accept from Buyer, two grant of easements (the
"Easements") over, under, and across the District Property, as more particularly described in
Exhibits "2 & 3", attached hereto, for the purposes described therein, subject to all matters and
encumbrances of record affecting the District Property, on the terms and conditions set forth in
this Agreement.
(c) The Parties acknowledge that no purchase price shall be due from any Party in
connection with the exchange contemplated herein. The Parties acknowledge further that the fair
market value of each of the City Property and the Easements is Five Hundred Dollars ($500.00).
1.2 AS-IS Transfer/Grant.
(a) Transfer of City PrODertv. Buyer and Seller acknowledge and agree that the
City Property is being accepted in an "AS IS" condition and "WITH ALL FAULTS" as of the
date of this Agreement and the date of Closing. Except as expressly set forth in this Agreement,
no representations or warranties have been made or are made and no responsibility has been or is
assumed by Seller or by any officer, person, firm, agent or representative acting or purporting to
act on behalf of Seller as to the condition or repair of the City Property or the value, expense of
operation, or income potential thereof, or as to any other fact or condition which has or might
affect the City Property or the condition, repair, value, expense of operation or income potential
of the City Property or any portion thereof. Buyer and Seller further acknowledge and agree that
they have relied solely upon their own investigations of the City Property and their own review
of such information and documentation as they have deemed appropriate and are satisfied with
the opportunity afforded for investigation. Buyer and Seller are not relying upon any statement
or representation by Seller or by any officer, person, firm, agent or representative acting or
purporting to act on behalf of Seller unless such statement or representation is specifically
embodied in this Agreement or the Exhibits attached hereto. Except as expressly set forth
herein, Seller makes no representations or warranties as to whether the City Property contains
any toxic or hazardous substances, including, without limitation, asbestos, oil, petroleum or
petroleum derived substances; any flammable substances or explosives; any radioactive
materials; pesticides; substances defined as "hazardous substances," "hazardous materials," or
"toxic substances" in the Comprehensive Environmental Response, Compensation and Liability
Act of 1980, as amended, 42 U.S.c. 9 9601, et seq., the Hazardous Materials Transportation
Act, 49 U.S.C. 9 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.c. 96901,
et seq., and those substances defined as "hazardous waste" in Section 25117 of the Califomia
Health & Safety Code, as "infectious waste" in Section 25117.5 of the California Health &
Safety Code, or as a "hazardous substance" in Section 25316 of the California Health & Safety
Code, and in the regulations adopted and publications promulgated pursuant to said laws, or in
any similar state or local laws, ordinances, rules or regulations ("Hazardous Materials") or
pertaining to the extent, location or nature of the same. Further, to the extent that Seller has
provided to Buyer any Seller information from any inspection, engineering or environmental
reports concerning any Hazardous Materials, Seller makes no representations or warranties with
respect to the accuracy, completeness, methodology of preparation or otherwise concerning the
contents of such reports. Buyer and Seller acknowledge that Seller has requested Buyer to
inspect fully the City Property and investigate all matters relevant thereto and to rely solely upon
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the results of Buyer's own inspections or other information obtained or otherwise available to
Buyer, rather than any information that may have been provided by Seller to Buyer. The terms
and provisions of this Section 1.2(a) shall survive Closing hereunder.
(b) Grant of Easement Over District ProDertv. Seller acknowledges and agrees
that the two grants of easements contemplated herein this Agreement is being granted over,
under, and across the District Property in an "AS IS" condition and "WITH ALL FAULTS" as of
the date of this Agreement and the date of Closing. Except as expressly set forth in this
Agreement, no representations or warranties have been made or are made and no responsibility
has been or is assumed by Buyer or by any officer, person, firm, agent or representative acting or
purporting to act on behalf of Buyer as to the condition or repair of the District Property or the
value, expense of operation, or income potential thereof, or as to any other fact or condition
which has or might affect the District Property or the condition, repair, value, expense of
operation or income potential of the District Property or any portion thereof. Seller further
acknowledges and agrees that it has relied solely upon its own investigations of the District
Property and its own review of such information and documentation as it has deemed appropriate
and is satisfied with the opportunity afforded for investigation. Seller is not relying upon any
statement or representation by Buyer or by any officer, person, firm, agent or representative
acting or purporting to act on behalf of Buyer unless such statement or representation is
specifically embodied in this Agreement or the Exhibits attached hereto. Except as expressly set
forth herein, Buyer makes no representations or warranties as to whether the District Property
contains any Hazardous Materials or pertaining to the extent, location or nature of the same.
Further, to the extent that Buyer has provided to Seller information from any inspection,
engineering or environmental reports concerning any Hazardous Materials, Buyer makes no
representations or warranties with respect to the accuracy, completeness, methodology of
preparation or otherwise concerning the contents of such reports. Seller acknowledges that Buyer
has requested Seller to inspect fully the District Property and investigate all matters relevant
thereto and to rely solely upon the results of Seller's own inspections or other information
obtained or otherwise available to Seller, rather than any information that may have been
provided by Buyer to Seller. The terms and provisions of this Section 1.2(b) shall survive
Closing hereunder.
ARTICLE 2
CLOSING
2.1 Closin2. The transfer of the City Property and the grant of easement over the District
Property contemplated herein shall close (the "Closing") at the offices of the County of San
Bernardino Real Estate Services Department on a date designated in writing by the parties (the
"Closing Date") which is not more than ten (10) days after the satisfaction or waiver of all of the
conditions precedent to closing contained in Article 5 below, or at such other time, date and
place as the parties shall mutually agree in writing; provided however, that in no event shall the
Closing occur later than sixty (60) days after the last day of the Title Review Period (the
"Outside Date"). At the Closing, (a) Seller shall deliver possession of the City Property to
Buyer, and (b) Buyer shall deliver possession ofthe District Property to Seller.
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ARTICLE 3
ACTIONS PENDING CLOSING
3.1 Access. From and after the Agreement Date through the Closing, Buyer and Seller, and
their respective employees, consultants, contractors and subcontractors (the "Buyer Parties" and
the "Seller Parties," respectfully) shall have the right to enter the City Property and the District
Property for the purposes of conducting such investigations, inspections and tests of the City
Property and the District Property as Buyer or Seller deem necessary or desirable. Buyer and
Seller (each, an "Indemnifying Party") shall indenmify and hold harmless each of the other
Parties from and against any and all loss, expense, claim, damage and injury to person or
property to the extent caused by the negligent acts of the Indenmifying Party, its employees,
consultants, contractors and subcontractors on the applicable property in connection with such
entry as contemplated herein; provided, however, the Indenmifying Party shall not be responsible
or liable for any act or omission of the other Parties or such other Parties' agents, representatives,
employees, contractors, subcontractors or consultants or for any adverse condition or defect on
or affecting the property not caused by the Indenmifying Party, its employees, consultants,
contractors or subcontractors, but discovered or impacted during such inspections. The
foregoing indemnity shall survive the Closing or the earlier termination of this Agreement.
3.2 Title Review.
(a)
property.
Each Party is responsible for reviewing the condition of title to the applicable
ARTICLE 4
REPRESENTATIONS AND WARRANTIES
4.1 Reoresentations and Warranties of District. Seller acknowledges and understands that
the grant contemplated herein is made without any representations or warranties by Buyer,
except as follows: (a) Buyer represents and warrants that Buyer is not a "foreign person" within
the meaning of Section 1445(f)(3) of the Internal Revenue Code of 1986, as amended (the
"Code"); (b) Buyer is the sole owner in fee simple of the District Property and has the right,
capacity, power and authority to enter into and carry out the terms of this Agreement, as further
provided in Section 9.1 below; (c) to the best of Buyer's knowledge, there are no pending or
threatened lawsuits, condenmation proceedings, eminent domain proceedings or similar actions
or proceedings affecting the District Property or any portion thereof, nor does Buyer know of any
basis therefore; and (d) except as set forth in the applicable PTR, Buyer has not made any
commitment or representation to any government authority, or any adjoining or surrounding
property owner, which would in any way be binding on Seller or would interfere, disturb,
interrupt or impede with Seller's ability to use the easement for its intended purposes in any way,
and will not make any such commitment or representation which would affect the District
Property or any portion thereof prior to the Closing, without Seller's prior written consent. This
warranty shall not survive the Closing hereunder.
4.2 Reoresentations and Warranties of Seller. Buyer and Seller acknowledge and
understand that the transfer contemplated herein is made without any representations or
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warranties by Seller, except as follows: (a) Seller represents and warrants that Seller is not a
"foreign person" within the meaning of Section 1445(f)(3) of the Code; (b) Seller is the sole
owner in fee simple of the City Property and has the right, capacity, power and authority to enter
into and carry out the terms of this Agreement, as further provided in Section 9.1 below; (c) to
the best of Seller's knowledge, there are no pending or threatened lawsuits, condemnation
proceedings, eminent domain proceedings or similar actions or proceedings affecting the City
Property or any portion thereof, nor does Seller know of any basis therefore; and (d) except as set
forth in the applicable PTR, Seller has not made any commitment or representation to any
govemment authority, or any adjoining or surrounding property owner, which would in any way
be binding on Buyer or would interfere with Buyer's ability to operate and maintain the City
Property in any way, and will not make any such commitment or representation which would
affect the City Property or any portion thereof prior to the Closing, without Buyer's prior written
consent. This warranty shall not survive the Closing hereunder.
ARTICLE 5
CONDITIONS PRECEDENT
5.1 Conditions Precedent to Seller's Obli2ation to Close. The following shall be conditions
precedent to Seller's obligation to consummate the transactions contemplated herein, which may
be waived in whole or in part by Seller prior to the Closing Date:
(a) Buyer's performance of all of the obligations required to be performed by Buyer
under this Agreement, including, without limitation, delivery of all documents and other items
required to be delivered by Buyer pursuant to Section 6.2 hereof.
(b) Approval or deemed approval by Seller as the Reviewing Party of title to
easements in the District Property, as provided in Section 3.2(a) above.
(c) All representations and warranties made by Buyer to Seller in this Agreement
shall be true and correct as of the date such representations and warranties are made.
5.2 Conditions Precedent to District's Obli2ation to Close. The following shall be
conditions precedent to Buyer's obligation to consummate the transactions contemplated herein,
which may be waived in whole or in part by Buyer prior to the Closing Date:
(a) Action by the San Bernardino County Board of Supervisors, as the legislative
body of the San Bernardino County Flood Control District, declaring the Easement no longer
necessary for flood control purposes, which action shall be obtained on or before the Outside
Date.
(b) Approval or deemed approval by Buyer as the Reviewing Party of title to the City
Property, as provided in Section 3.2(a) above.
(c) Seller's performance of all of the obligations required to be performed by Seller
under this Agreement including, without limitation, delivery of all documents and other items
required to be delivered by Seller pursuant to Section 6.1 below.
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(d) All representations and warranties made by Seller to Buyer in this Agreement
shall be true and correct as ofthe Closing.
ARTICLE 6
CLOSING DOCUMENTS
6.1 Seller's Closinl! Documents. Not less than one (I) business day prior to the Closing,
Seller shall deliver to the Buyer the following:
(a) Grant Deed executed by Seller, in recordable form, conveying the City Property
to Buyer (the "Grant Deed"), free and clear of all claims, liens and encumbrances except the
applicable Permitted Encumbrances. Such Grant Deed shall be in the form of Exhibit" I "
attached hereto.
(b) A Certificate of Acceptance executed by Seller, in recordable form, is part of the
Easements, attached hereto.
(c) One (I) original of an affidavit in the form of Exhibit "4" certifying that the Seller
is not a "foreign person" within the meaning of Section 1445(f)(3) of the Code. (if applicable)
(d) An executed California Form 593-C (if applicable).
(e) Any other documents, instruments or agreements called for hereunder which have
not previously been delivered.
6.2 Buver's Closinl! Documents. Not less than one (I) business day prior to the Closing,
Buyer shall prepare and have available at its offices, the following:
(a) Two (2) easements executed by Buyer, in recordable form, granting an easement
over the District Property to Seller (the "Grant of Easement") free and clear of all claims, liens
and encumbrances except the Permitted Encumbrances. Two Easements shall be in the form of
Exhibit "2", and Exhibit "3" attached hereto.
(b) A Certificate of Acceptance executed by Buyer, in recordable form, is part of the
Grant Deed, attached hereto.
(c) One (I) original of an affidavit in the form of Exhibit "4" certifying that the
District is not a "foreign person" within the meaning of Section 1445(f)(3) of the Code (if
applicable).
(d) An executed California Form 593-C (if applicable).
(e) Any other documents, instruments or agreements called for hereunder which have
not previously been delivered.
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ARTICLE 7
CLOSING ACTIONS, COSTS AND PRORATIONS
7.1 Disbursements and Other Actions bv Parties. At the Closing, Buyer shall promptly
undertake all of the following actions:
(a) Cause the Grant Deed together with the Buyer's Certificate of Acceptance and the
two Grant of Easements together with the Seller's Certificates of Acceptance to be recorded in
the Official Records of the County of San Bernardino and obtain conformed copies thereof for
distribution to Seller and Buyer.
(b) Cause Title Company to issue the Buyer's Title Policy to Buyer.
(c) Retain for Buyer one (I) set of originals of the documents delivered to Buyer by
Seller pursuant to Sections 6.1 (d) and (e) above, and deliver to Seller (i) one (1) set of originals
of the documents delivered by Buyer to the Closing pursuant to Sections 6.2( d) and (e) above.
7.2 Closine: Costs. As provided in Section 3.3 above, Buyer shall pay the premium for its
own Title Policy. No documentary transfer tax is payable upon recordation of the Grant Deed to
the Buyer and the Grant of Easements to the City, because the transferees are public agencies.
All other costs and fees of this transaction shall be shared equally by the Parties.
ARTICLE 8
DEFAULT
In the event that the Closing does not occur in a timely manner prior to the Outside Date due to
the default of a Party hereunder (the "Defaulting Party"), the other Party (the "Non-Defaulting
Party") may pursue only one of the following remedies:
(a) terminate this Agreement, in which case the Non-Defaulting Party shall have no
further obligations hereunder except the Surviving Obligations; or
(b) compel the Defaulting Party's performance of its obligations hereunder through an
action for specific performance; provided, however, that the Non-Defaulting Party shall not bring
any action for, and hereby waive any right to, actual damages, lost profits, consequential or
punitive damages, notwithstanding whether the Defaulting Party was informed of the possibility
of such damages or was negligent.
ARTICLE 9
MISCELLANEOUS
9.1 Authoritv. Each individual and entity executing this Agreement hereby represents and
warrants that he or it has the capacity set forth on the signature pages hereof with full power and
authority to bind the Party on whose behalf he or it is executing this Agreement to the terms
hereof.
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9.2 Entire Al!:reement: No Waiver. This Agreement is the entire Agreement between the
Parties hereto with respect to the subject matter hereof and supersedes all prior agreements
between the Parties with respect to the matters contained in this Agreement. Any waiver,
modification or consent with respect to any provision of this Agreement shall be set forth in
writing and duly executed by the Party to be bound thereby. No waiver by any Party of any
breach hereunder shall be deemed a waiver of any other or subsequent breach.
9.3 Notices. Any communication, notice or demand of any kind whatsoever which either
Party may be required or may desire to give to or serve upon the other shall be in writing and
delivered by personal service (by hand delivery or professional messenger service), by Federal
Express or other courier service guaranteeing overnight delivery, charges prepaid, or by
registered or certified mail, postage prepaid, return receipt requested, addressed as follows:
If to Buyer:
The San Bernardino County Flood Control District
825 E. Third Street, Room 101
San Bernardino, CA 92415-0835
Attention: Flood Control Engineer
Telephone: (909) 387-7906
San Bernardino County Real Estate Services
825 East Third Street
San Bernardino, CA 92415-0832
Attention: Tom Dustin
Telephone: (909) 387-7817
With a copy
to:
If to Seller:
City of San Bernardino
300 North "D" Street, 3'd Floor
San Bernardino, CA 92418
Attention: Real Property
Telephone: (909) 384-5226
Any Party may change its address for notice by written notice given to the other Parties in the
manner provided in this Section. Any such communication, notice or demand shall be deemed to
have been duly given or served (i) on the date personally served, if by personal service, (ii) one
(I) day after the date of confirmed dispatch, if by telecopier, or (iii) on the date shown on the
return receipt or other evidence of delivery, if mailed.
9.4 Further Assurances. The Parties agree to execute and acknowledge such instruments
and agreements and to do such other acts as may be necessary or appropriate to effectuate the
purposes of this Agreement.
9.5 Severabilitv. Wherever possible, each provision of this Agreement shall be interpreted in
such a manner as to be valid under applicable law, but, if any provision of this Agreement shall
be invalid or prohibited thereunder, such invalidity or prohibition shall be construed as if such
invalid or prohibited provision had not been inserted herein and shall not affect the remainder of
such provision or the remaining provisions of this Agreement.
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9.6 Construction: Headinl!:s. The language in all parts of this Agreement shall be in all cases
construed simply according to its fair meaning and not strictly for or against any of the parties
hereto. Section and Article headings of this Agreement are solely for convenience of reference
and shall not govern the interpretation of any of the provisions of this Agreement.
9.7 Governinl!: Law. This Agreement shall be governed by and construed in accordance with
the laws of the State ofCalifomia.
9.8 Successors and Assil!:ns. This Agreement shall be binding upon and inure to the benefit
of each of the Parties hereto and to their respective transferees, successors, and permitted
assigns. Notwithstanding the foregoing, this Agreement is solely for the benefit of the Parties
hereto and shall not be deemed or construed as imparting, or intending to impart, any benefits,
privileges, or rights under this Agreement upon any other Party. This Agreement is not
assignable without the prior written consent of the other Parties, which may be withheld in such
Parties' sole and absolute discretion.
9.9 Exhibits. All Exhibits attached hereto are incorporated by reference.
9.10 No Partnershin. Notwithstanding anything to the contrary contained herein, this
Agreement shall not be deemed or construed to make the Parties hereto partners or joint
venturers, or to render either party liable for any of the debts or obligations of the other, and,
except to the extent expressly set forth herein, nothing in this Agreement shall be construed as
creating any other kind of legal relationship in which one party is entitled or required to act for or
on behalf of the other, including, without limitation, that of partner, joint venturer, fiduciary, and
beneficiary.
9.11 Counternarts. This Agreement may be executed in counterparts, each of which shall
constitute an original and all of which, when taken together, shall constitute the same document.
REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY
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Recording Requested. by:
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
825 E. THIRD ST.
SAN BERNARDINO, CA..
92415-0835
Mail To: SAME AS ABOVE
RECORDER:
Record without fee subject to Oov't Code 61 03
RccordatiOR required to complete chain of title.
Project: Devil Creet Levee
Parcel No: 44 - 46
Dept. Code; 11600
EXHIBIT "1"
GRANT DEED
D.P. No.: 2.300141 & 42
Doc. II: 20090107001
APN: Portions of Cameus Parkwav
& 0261-231-25
Date: Sectember 22. 2009
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
City of San Bernardino, a Municipal Corporation
(do)es hereby grant to the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, a body
corporate and politic, the following described real property in the County of San Bernardino, State of
California:
See EXHIBIT "A" for Legal Description and EXHIBIT "BI" & "B2" Plats
City of San Bernardino
Date:
By:
~--4
cP
Name:
Its:
San Bernardino County Flood Control District Acceptance Certificate
Tbis is to certify Ihat the interest in the real property conveyed by the witbin instrument to tbe San Bernardino County Flood
Control District, a body corporate of the State of California, are bereby accepted by the undersigned officer on bebalf of said
Districl pursuant to authority conferred by Resolution #86-156, April 21. 1986 by its Board of Supervisors and the grantee
consents to the recordation thereof by its duly authorized officer.
DATED:
BY:
2010-12.9
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
above written.
SAN BERNARDINO COUNTY FLOOD CONTROL
DISTRICT
c
Date:--"Ur:: 2 4 2010
D",CHARLE~Ef5ip Y, a<y Moo""
GARY C. OVITT, Chair
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Attest:
cz~ 11.~
RACHEL CLARK, City Clerk
YlC^-
Date:
~
15, ;"0 I()
Date:
Approved as to Legal Form:
Approved as to Form:
RUTH E. STRINGER, County Counsel
San Bernardino County, California
Ry 1IJyJ ~
Robert Messin r, Deputy
? .flz--
ES F. PENMAN, City Attorney
ity of San Bernardino
Date: J+ ~
f1D(D
Date: L I,
rJ '
l. 0/ Q
10
2010-129
EXHIBIT "A"
DESCRIPTIONS
CAMPUS PARKW A Y- CITY TO COUNTY PARCELS
Parcel "A"
That portion of Lot 15 of Tract No. 2404 per plat thereof recorded in Book 34 of Maps,
pages 52 and 53, Records of San Bernardino County, State of California, described as
follows:
Commencing at the most westerly comer of said Lot 15, thence North 32009'29" East
along the northwesterly line of said Lot 15, a distance of 185.00 feet to the Tme Point of
Beginning; thence continuing along said northwesterly line of Lot 15, North 32009'29"
East, a distance of 299 .12 feet; thence leaving said northwesterly line South 57050' 31"
East, a distance of23.69 feet to the beginning of a non-tangent curve, concave
southeasterly, having a radius of 1900.00 feet, the radial point of which bears South
48047'03" East; thence southwesterly along said curve, through a central angle of
9003'28", an arc distance of 300.37 feet to the Tme Point of Beginning.
Containing 2,356 square feet more or less.
Parcel "B"
That portion of Lot 15 of Tract No. 2404 per plat thereof recorded in Book 34 of Maps,
pages 52 and 53, Records of San Bernardino County, State of California, described as
follows:
Commencing at the most northerly comer of said Lot 15, thence South 64055' 58" East
along the northeasterly line of said Lot 15, a distance of25.19 feet to the Tme Point of
Beginning; thence South 32009'29 West and parallel to the northwesterly line of said Lot
15, a distance of169.27 feet to the beginning ofa non-tangent reverse curve, concave
southeasterly, having a radius of 1905.00 feet, the radial point of which bears South
47039'37" East; thence northeasterly along said curve, through a central angle of
5022'37", a distance of 178.78 feet to said northeasterly line of Lot 15; thence North
64055'58" West along said northeasterly line, a distance of 40.12 feet to the Tme Point
of Beginning.
Containing 3,119 square feet more or less.
DEVIL CREEK LEVEE
PARCELS 44-46
DOC # 2D090/07001
JULY 21,2009
2010-129
EXHIBIT "A" CONT'D
Parcel "C"
A parcel ofland lying within Section 7, (unsurveyed), Township 1 North, Range 4 West,
San Bernardino Base and Meridian, lying within the Rancho Muscupiabe, per plat
recorded in Book 7 of Maps, page 23, records of San Bemardino County, State of
California, and lying within "Parcel One" as described in document to the City of San
Bernardino recorded June 30,1921 in Book 724 of Deeds, page 8, records of said
County, and described as follows:
Commencing at the centerline of Kendall Drive, distant thereon 10 I 0.23 feet from its
intersection with the centerline of Deerfield Street, as said street is delineated on the Map
of Trect No. 10647, per map thereof recorded in Book 159 of Maps, pages 39 and 40,
records of said County;
Thence North 32009'29" East, a distance of225.00 feet to a tangent curve, concave
southeasterly, having a radius of 1850.00 feet; thence northeasterly, along said curve,
through a central angle of19042'10", a distance of636.17 feet; thence North 38008'22"
West, a distance of 55.00 feet to the southeasterly line of that parcel of land conveyed to
the San Bernardino County Flood Control District in deed recorded June 7, 1974 in Book
8447 of Official Records, page 1163, records of said County and the True Point of
Beginning; thence along said southeasterly line, South 63003 '25" West, a distance of
158.77 feet to the northeasterly line of Lot 15, Tract 2404, per map thereof recorded in
Book 34 of Maps, page 52 and 53, records of said County; thence along said
northeasterly line South 64055'58" East, a distance of 40.12 feet, to a point on a non-
tangent curve, concave southeasterly, having a radius of 1905.00 feet, the redial point of
which bears South 42017'00" East; thence northeasterly along said curve, through a
central angle of 4008'38", a distance of 137.78 feet to the True Point of Beginning.
Containing 2,395 square feet more or less.
DEVIL CREEK LEVEE
PARCEL<; 44-46
DOC # 20090/07001
JULY 21,2009
:X~
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/ TP.D.8. I /
I PARCEL 'A' I~{- j ~ ~
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11/ :'1 ({'it ~a /
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~ / / P.D.C. b~ l" ~ ~ ",/,. ~-2
~ ' ..:.. /....; PARCB. 'A' ~ h~ cJ Y.llilCT 2404
~ .... "'<-:.... " ~~ j'B. 34/52-~
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EXHIBIT "Bl" O~ ':'k
7~
D.P. 2.300/41 ".
. ']
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Ii.t
~~0
SHEET 1 OF 2
PARCEL 'S'
~ 119 SF.
PARCB.. 'A'
2.358 SF.
L C
L1
L2
L3
L4
L5
CI
C2
BfARING fLTA
N 32"09'29" f
N 57"50'31" W
N 32'09'29" f
N 64"55'58" W
S 64"55'58" f
6=09'03'28"
6=05'22'37"
1900.00
1905.00
RADIUS
LENGTH
299.12
23.69
169.27
40.12
25.19
300.37
178.78
2010-129
TP.D.8.
PARCEL 'B'
/
/
/
/
/
/
/
SCALf: I" ~ 100'
TRACT 10647
M.B. 159/39-40
2010-129
L C BfARING fLTA RADIUS
LI S 63'03'25' W
L2 N 32'09'36" f
L3 N 64'55'58" W
L4 N 64'55'58" W
Cl 1.=01 , " 1850.00
C2 4-01'56' S" 1900.00
L5 S 64'55'58" f
L6 N 64'55'5S" W
CJ 1.=04'08'38" 1905.00
LfNGTH
158.77
47.55
59.75
54.61
62.94
64.64
40.12
100.7J
1 JUS
EXHIBIT "B2"
D.P. 2.300/42
SHEET 2 OF 2
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PARCB.. 'C"
RIGHT OF WAY
2,395 S.F.
POB FOR CAMPUS PARKWAY /' _ /'
PfR DOC. NO. 2005-0970212 /' ,,~X
/' ,1.'6~-S
TP.O.8. /--( ~("J~'
PAF1C8.. 'C' \ '
,
TRACT 10647
M,B. 159/39-40
EXHIBIT "2"
2010-129
REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY CLERK
CITY HALL
300 North "D" Street
San Bernardino, CA 92418
APN: Pin. of 0261-23 1-04
SPACE ABOVE FOR RECORDER'S USE
FEE EXEMPT PURSUANT TO
GOV, CODE SECTION 27383
EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT, a body corporate and politic of the State of California, hereby GRANts to the CITY OF SAN
BERNARDINO, a municipal corporalion, AN EASEMENT FOR STREET AND HIGHWAY PURPOSES AND APPURTENANT
FACILITIES. IN. OVER. UNDER AND ACROSS the real property in the City of San Bernardino, County of San Bernardino, State
of California, described as follows:
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND MADE PART HEREOF
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
By: ~4.
DATE: Name: vO
ACCEPTANCE ACKNOWLEDGEMENT OF GRANTOR(S):
This is to certify thBl the interest in the real property STATE OF CALIFORNIA }S.S.
conveyed by the within instrumcnl to the City of San COUNTY OF
Bernardino, California, a municipal corporation, is hereby
accepted by order of the City Cooncil, and grantee On before me,
consents to the recordaIion thereof by iIs duly authorized
officer. Notary Public, personally appeared
CITY OF SAN BERNARDINO who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/arc subscribed to the within instrument and acknowledged to me that
By: helshelthey executed the some in hislher/their authorized capacity(ics), and that by
hislherltheir signature(s) on the instrument the person(s), or the entity on hehalf of
City Clerk which the person(s) acted. executed the instrument.
I certify Wlder PENALTY OF PERJURY under the laws of the State of
California the foregoing paragraph is tnJe and correct.
Date:
WITNESS my hand and official seal.
Silmature
FOR NOTARY STAMP OR SEAL
15.02-1540- Campus Parkway
DEVIL CREEK LEVEE
PARCEL 39
DOC#2E09010700 I
2010-129
EXHIBIT "A"
DESCRIPTION
Right of Way
That portion of Lot 16 of Tract No. 2404, per plat thereof recorded in Book 34 of Maps,
Pages 52 and 53, records of the County Recorder of San Bernardino County, State of
California, described as follows:
Beginning at the Southeasterly Corner of said Lot 16;
Thence North 32009' 29" East along the southeasterly line of said Lot 16, a distance of
34.76 feet;
Thence leaving said southeasterly line South 77009' 56" West, a distance of35.01 feet to
a line that is 10 feet northerly of and parallel to, as measured at right angles, the southerly
line of said Lot 16;
Thence North 570 49' 36" West along said parallel line, a distance of75.23 feet, to the
westerly line ofsaid Lot 16;
Thence South 32009' 36" West along said westerly line, a distance of 10.00 feet, to said
southerly line;
Thence South 570 49' 36" East along said southerly line, a distance of 100 feet to the
Point of Beginning.
Containing 1,306 square feet more or less.
DEVIL CREEK LEVEE
PARCEL 39
DOC # 28090/07001
JULY 21, 2009
C:IDocumcntsIRW-E.scmenls (15.02-)\15.02-1540 - ClII1lpUS Pkwy RW Sw.p with CountylMost Current - 8-2009\03A - REV 1-16-
09 - DESCRIPTION CAMPUS PKY. KENDALL DR WT 16 CORNERDOC
tlM' 55' 58' 'II
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2010-129
I
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Right of Way
Parcel One: 1,306 sq. fl. :I:
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Detail "A"
(N.T.S.)
POB
r;;;. DEDICATED TO lHE CITY OF SAN BERNARDINO
~ PER DOC. NO. 2005-0404290
@ DEDICATED TO THE CITY OF SAN BERNARDINO
PER DOC. NO. 2005-0498616
@ DEolCA lED TO lHE CITY OF SAN BERNARDINO
PER DOC. NO. 2005-0502874
CD
~ ~ I POB k 1010.23' to ell DEERFIElD STREET
---N 57' '4g;-36" W--- --------------------
~ I KENDALL DRIVE
I
Proposed Right of Way - Portion of Campus
Parkway, Northerly of Kendall Drive
(APN 261-231-04)
EXHIBIT "B"
D.P. 2.300/35
CITY OF SAN BERNARDINO
PUBLIC WORKS/ENGINEERING
REAL PROPERTY SECTION
.EXHIBIT "3"
REQUESTED BY AND
WHEN RECORDED MAIL TO:
2010-129
CITY CLERK
CITY HALL
300 North "0" Street
San Bernardino, CA 92418
APN: 0265-031-14 & 19,0151-241-15,
0261-231-24 (poRTIONS OF)
SPACE ABOve FOR RECORDER'S USE
FEE EXEMPT PURSUANT TO
GOV, CODE SECTION 27383
EASEMENT
FOR A VALUABLE CONSIDERA nON, receipt of which is hereby acknowledged,SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT, a body corporate and politic of the State of California, hereby GRANTS to the CITY OF SAN
BERNARDINO, a municipal corpomtion, AN EASEMENT FOR STREET AND HIGHWAY PURPOSES AND APPURTENANT
F ACILlTjES. IN OVER. UNDER AND ACROSS the real property in the City of San Bernardino, County of San Bernardino, State
of California, described as follows:
SEE EXHIBITS "A". "BI", "BZ" AND "B3" ATTACHED HERETO AND MADE PART HEREOF
SAN BERNARDINO COUNTY ~D CONTROL DISTRICT
By: 0<1.
DATE: Name: V
ACCEPTANCE ACKNOWLEDGEMENT OF GRANTOR(S):
This is to certify that the interest in the real property STATE OF CALIFORNIA }S.S.
conveyed by the within instrument to the CiIy of San COUNTY OF
Bernardino. California. a municipal corporation, is hereby
accepted by order of the CiIy Council, and grantee On before me.
consents to the recordation thereof by its duly authorized Notaty Public. personally appeared
officer.
CITY OF SAN BERNARDINO who proved to me on the basis of satisfactory evidence to be the person(s) whose
narne(s) islare subscribed to the within instrument and acknowledged to me that
By: helshelthey executed the same in hislher/their authorized capaciIy(ies), and that by
hislherltheir signature(s) on the instrument the person(s), or the entiIy on behalf of
City Clerk which the peTson(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California the foregoing paragraph is true and correct.
Date:
WITNESS my hand and official seal.
Simature
FOR NOTARY STAMP OR SEAL
15.02-1540 - Campus Parkway
DEVIL CREEK LEVEE
PARCEL 40-43
DOC#2E090/07002
2010-129
EXHIBIT "An
DESCRIPTIONS
CAMPUS PARKWAY
COUNTY FLOOD CONTROL DISTRICT TO CITY PARCELS
Parcel "A" - Right of Way
A parcel ofland lying within Section 7, (unsurveyed), Township I North, Range 4 West,
San Bernardino Base and Meridian, being a portion of the land described as Parcel "A" in
deed recorded June 7, 1974, Book 8447, page 1163, Official Records of the County of
San Bernardino, State of California, described as follows:
Commencing at the centerline of Kendall Drive, distant thereon 1010,23 feet from its
intersection with the centerline ofDeer:field Street, as said street is delineated on the Map
of Tract No. 10647, per map thereof recorded in Book 159 of Maps, pages 39 and 40,
records of said County;
Thence North 32009'29" East, a distance of225.00 feet to a tangent curve, concave
southeasterly, having a radius of 1850.00 feet; thence northeasterly, along said curve,
through a central angle of19042, 10", a distance of 636.17 feet; thence North 38008'22"
West, a distance of 55.00 feet to the southeasterly line of that parcel ofland conveyed to
the San Bernardino County Flood Control District in deed recorded June 7, 1974 in Book
8447 of Official Records, page 1163, records of said County and the True Point of
Beginning; thence along said southeasterly line, North 63003'25" East, a distance of
133.42 feet; thence North 32009'36" East, a distance of 61.10 feet; thence leaving said
southeasterly line, South 53048'36" West, a distance of 123.67 feet to a tangent curve,
concave southeasterly, having a radius of 1905.00 feet, thence along said curve, through a
central angle of 01056'58", a distance of 64.82 feet to the True Point of Beginning.
Containing 0.05 acres more or less.
Parcel "B" - Right of Way
A parcel ofland lying 'Within Section 7, (unsurveyed), Township I North, Range 4 West,
San Bemardino Base and Meridian, being a portion of the land described as Parcel "A" in
deed recorded June 7,1974, Book 8447, page 1163 Official Records of the County of San
Bernardino, State of California, described as follows:
Commencing at the centerline of Kendall Drive, distant thereon 1010.23 feet from its
intersection with the centerline of Deerfield Street, as said street is delineated on the Map
of Tract No. 10647, per map thereof recorded in Book 159 of Maps, pages 39 and 40,
records of said County;
Thence North 32009'29" East, a distance of225.00 feet to a tangent curve, concave
southeasterly, having a radius of 1850.00 feet; thence northeasterly, along said curve,
through a central angle of21039'08", a distance of 699.11 feet; thence North 53048'36"
East, a distance of 1134.63 feet to a tangent curve, concave southeasterly, having a radius
DEVIL CREEK lEVEE
PARCEL~l
DOC # ZEC1JO/01002
C~nls\llW-E_1IIs (11.02.1\.15,,02-1540. ('.IIl1Ipul Pl;wy RW SWIP withCDtlJll~l~ Curmd. B.W09'01A -lEY 1-1b-09. DESClUPTlOH CAMPU!i PAa.KWA Y-
JULY 21. 2009 COUNTY FLOOD TO CITV PARCELS.DOC
2010-129
EXHIBIT "A" CONI"D
of2000.00 feet; thence along said curve, through a central angle of 06056' 19", an arc
distance of242.20 feet; thence North 29015'05" West, a distance of 50.00 feet to the
southeasterly line of that parcel of land conveyed to the San Bernardino County Flood
Control District in deed recorded June 7,1974 in Book 8447 of Official Records, page
1163, records of said County and the True Point of Beginning; thence northeasterly
along said southeasterly line from a tangent which bears North 72044'42" East, along a
curve, concave northwesterly, having a radius of 1100.00 feet, through a central angle of
05022'20", a distance of 103.14 feet; thence North 67"22'22" East along said
southeasterly line, a distance of 446.30 feet; thence leaving said southeasterly line, South
74057'37" West, a distance of 41.83 feet to a tangent curve, concave southeasterly,
having a radius of2055.00 feet; thence southwesterly along said curve, through a central
angle of 14049'18", a distance of 531.61 feet to a non-tangent curve, concave
northeasterly, having a radius of 1100.00 feet, the radius point of which bears North
16005' 13" West; thence easterly along said curve, through a central angle of 01 010'05", a
distance of22.42 feet to the True Point of Beginning.
Containing 0.21 acres more or less.
Parcel "C" - Right of Way
Those portions of Sections 7 and 8, (unsurveyed), Township 1 North, Range 4 West, San
Bernardino Base and Meridian, lying within the Rancho Muscupiabe, per plat recorded iiI
Book 7 of Maps, Page 23, records of San Bernardino County, State of California, and
lying within the land described in document recorded in Book 4671, Page 364, Official
Records of said County, and described as follows:
Commencing at Corner Number 14, as delineated on the G. E. Sherer survey on file in
the County Surveyor's Office as file number C.S. 1780; thence North 00027'54" West
along the easterly line of that parcel of land conveyed to the City of San Bernardino as
Parcel One by instrument recorded in Book 724 of Deeds, page 8 in the Office of the
Recorder of said County, a distance of 20.63 feet to the northerly boundary of the J. R.
Munn. Jr. property (136.350 acres, more or less), as delineated and shown on that certain
map filed in Book 21, pages 98 and 99, of Records of Surveys, in the Office of the
County Recorder of said County, and the True Point of Beginning; thence along said
northerly boundary, North 67058'28" East, a distance of 168.69 feet; thence South
36016'00" East, a distance of286.77 feet; thence North 67043' 19" East, a distance of
25.64 feet to the beginning of a non-tangent curve, concave westerly, having a radius of
560.00 feet, the radial point of which bears South 84046'40" West; thence leaving said
northerly boundary and northwesterly along said curve, through a central angle of
16031 '54", a distance of 161.58 feet; thence North 21045'13" West, a distance of 206.49;
thence South 68014'47" West, a distance of 120.00 feet; thence South 23014'47" West, a
distance of 39.60 feet; thence South 68014'47" West, a distance of 117.46 feet to the
easterly line of said Parcel One; thence along said easterly line, South 00027' 54" East, a
distance of65.74 feet to the True Point of Begiimlng.
Containing 0.98 acres more or less.
DEvn. CREEK lRVRB
PARCBL 4().43
DOC #I 2B09O/07002
JULY 21, 2009
C:\Dacumenb\RW-E_ (IS,01-)\IU2-ISotO - CQIIPln Pk\Y)' RW.swap willi C~)"Mllll: Curnnt. i.1U09\02A - REV 1-16-09. OESCRlPTION CAMPUS PARKWAY.
COUNTY FLOOD TO CITY PARCELS.DOC
2010-129
EXHIBIT "A" CONT'D
Pareel"D" - Right of Way
That portion of Lot 15 of Tract No. 2404 per plat thereof recorded in Book 34 of Maps,
pages 52 and 53, Records of San Bernardino County, State of California, described as
follows:
Commencing at the centerline of Kendall Drive, distant thereon 1010.23 feet from its
intersection with the centerline ofDeerfield Street, as said street is delineated on the Map
of Tract No. 10647, per map thereof recorded in Book 159 of Maps, pages 39 and 40,
records of said County;
Thence North 32009'29" East, a distance of225.00 feet to a tangent curve, concave
southeasterly, having a radius of 1850.00 feet; thehce northeasterly, along said curve,
through a central angle of 9003'28", a distance of 292.46 feet; thence North 48047'03"
West, a distance of 50.00 feet to the southwesterly line of that parcel of land conveyed to
the San Bernardino County Flood Control District in deed recorded February 4, 1957 in
Book 4147, page 458, Official Records of said County and the True Point of Beginning;
thence along said southwesterly line, South 58019'02" East, a distance of 1.34 feet;
thence North 32008'53" East, a distance of 8.28 feet; to the beginning of a non-tangent
curve, concave southeasterly, having the radius of 1900.00 feet, the radial point of which
bears South 48031 '52" East; thence southwesterly along said curve, through a central
angle of 00015'11 ", a distance of8.39 feet to the True Point of Beglnning.
Containing 6 square feet more or less.
DEVn. CREEK lEVEE
PARCEL 40....3
DOC 1# 2E090/07oo2
JULY 21, 2009
C.~W.F_nncnb(IS.01.)\J5.00.IS<<l ~ cMlpUI Pl;wy RW SWIll witb COIInly\MOII Clll'mlt. l.lOQW)2A -llEV 1-16-09 - DESCRIPTION CMIPUS PARXWA Y_
COUNTY R.OOD TO CITY PARCELS.DOC
L C BEARING LTA
LI N 63'03'25" E
L2 N 32'09'J6" E
LJ N 64'55'S8" W
L4 N 64'5S'S8" W
L5 N 64'55'58" W
L6 S 5819'0 "
L7 N 32'08'53" E
L8 N 63'03' "E
L9 N SJ'48'36" E
LlO N 32'09'J6" E
Cl /P0I'S6'S8"
C2 ~01'S6'58"
C3 d=001S'11"
C4 ~09'O3'28"
40
E
G.E. SHERER COR. NO. 5
PER C.S. 1780
"-
1............1.......
--.....
--.....
--.....
11'8".
;SS'
S6')y
PARCEL '0'
RlGHrOFWAY
tJ8F.
RADIUS
18S0.00
1905.00
1900.00
1850.00
LENGTH
133.42
61.10
59.7S
54.61
25,16
1.34
8.28
158.77
12J.67
J08.96
62.94
64.82
8.39
292.46
2010-129
/
/
/
/
(8 " DETAL 'A'
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TRACT 2404
M,B. 34/52-53
..':.:.:::::::,.
GE SHERER COR.
NO.4 PER C.S.17BO
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Rel;ording Requested by:
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
825 E. THIRD ST.
SAN BERNARDINO, CA..
92415-0835
(COrPV
Mail To: SAME AS ABOVE
RECORDER:
Record without fee subject to Gov't Code 6103
Recordationrequired to complete chain of title.
Project: Devil Creek Levee
Parcel No: 44 - 46
Dept. Code: I 1600
GRANT DEED
D.P. No.: 2.300/41 & 42
Doc.#:2D090/07001
APN: Portions of Camous Parkwav
& 0261-231-25
Date: Seotember 22. 2009
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
City of San Bernardino, a Municipal Corporation
(do)es hereby grant to the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, a body
corporate and politic, the following described real property in the County of San Bernardino, State of
California:
See EXHIBIT "A" for Legal Description and EXHIBIT "Bl" & "B2" Plats
City of San Bernardino
Date:
7-10-10
By.~-
L
'-''J '-
Name: "~""""'l" ."--
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Its: /11,t)'I()~
San Bernardino County Flood Control District Acceptance Certificate
This is to certify that the inlerest in the real property conveyed by the within instrument to the San Bernardino County Flood
Control District, a body corporate of the State of California, are hereby accepted by the undersigned officer on behalf of said
District pursuantlo authority conferred by Resolution #86-156, April 21, 1986 by its Board of Supervisors and the grantee
consents 10 the recordation thereof by its duly authorized officer.
DATED:
BY:
EXHIBIT "A"
DESCRIPTIONS
CAMPUS PARKWAY- CITY TO COUNTY PARCELS
Parcel "A"
That portion of Lot 15 of Tract No. 2404 per plat thereof recorded in Book 34 of Maps,
pages 52 and 53, Records of San Bernardino County, State of California, described as
follows:
Commencing at the most westerly corner of said Lot 15, thence North 32009'29" East
along the northwesterly line of said Lot 15, a distance of 185.00 feet to the True Point of
Beginning; thence continuing along said northwesterly line of Lot 15, North 32009'29"
East, a distance of299.12 feet; thence leaving said northwesterly line South 57050'31"
East, a distance of 23 .69 feet to the beginning of a non-tangent curve, concave
southeasterly, having a radius of 1900.00 feet, the radial point of which bears South
48047'03" East; thence southwesterly along said curve, through a central angle of
9003'28", an arc distance of 300.37 feet to the True Point of Beginning.
Containing 2,356 square feet more or less.
Parcel "B"
That portion of Lot 15 of Tract No. 2404 per plat thereof recorded in Book 34 of Maps,
pages 52 and 53, Records of San Bernardino County, State of California, described as
follows:
Commencing at the most northerly comer of said Lot 15, thence South 64055'58" East
along the northeasterly line of said Lot 15, a distance of25.19 feet to the True Point of
Beginning; thence South 32009'29 West and parallel to the northwesterly line of said Lot
15, a distance of 169.27 feet to the beginning of a non-tangent reverse curve, concave
southeasterly, having a radius of 1905.00 feet, the radial point of which bears South
47039'37" East; thence northeasterly along said curve, through a central angle of
5022'37", a distance of 178.78 feet to said northeasterly line of Lot 15; thence North
64055'58" West along said northeasterly line, a distance of 40.12 feet to the True Point
of Beginning.
Containing 3,119 square feet more or less.
DEVIL CREEK LEVEE
PARCELS 44-46
DOC # 2D090 / 07001
JULY 21, 2009
EXHIBIT "A" CONT'D
Parcel "C"
A parcel ofland lying within Section 7, (unsurveyed), Township 1 North, Range 4 West,
San Bernardino Base and Meridian, lying within the Rancho Muscupiabe, per plat
recorded in Book 7 of Maps, page 23, records of San Bernardino County, State of
California, and lying within "Parcel One" as described in document to the City of San
Bernardino recorded June 30,1921 in Book 724 of Deeds, page 8, records of said
County, and described as follows:
Commencing at the centerline of Kendall Drive, distant thereon 1010.23 feet from its
intersection with the centerline of Deerfield Street, as said street is delineated on the Map
of Tract No. 10647, per map thereof recorded in Book 159 of Maps, pages 39 and 40,
records of said County;
Thence North 32009'29" East, a distance of225.00 feet to a tangent curve, concave
southeasterly, having a radius of 1850.00 feet; thence northeasterly, along said curve,
through a central angle of 19042'10", a distance of 636.17 feet; thence North 38008'22"
West, a distance of 55.00 feet to the southeasterly line of that parcel ofland conveyed to
the San Bernardino County Flood Control District in deed recorded June 7, 1974 in Book
8447 of Official Records, page 1163, records of said County and the True Point of
Beginning; thence along said southeasterly line, South 63003'25" West, a distance of
158.77 feet to the northeasterly line of Lot 15, Tract 2404, per map thereof recorded in
Book 34 of Maps, page 52 and 53, records of said County; thence along said
northeasterly line South 64055'58" East, a distance of 40.12 feet, to a point on a non-
tangent curve, concave southeasterly, having a radius of 1905.00 feet, the radial point of
which bears South 42017'00" East; thence northeasterly along said curve, through a
central angle of 4008'38", a distance of 137.78 feet to the True Point of Beginning.
Containing 2,395 square feet more or less.
DEVIL CREEK LEVEE
PARCELS 44-46
DOC # 20090/07001
JULY 21, 2009
SHEET 1 OF 2
PARCB.. 'fr.
3,1>> SF.
PARCB.. 'A'
2,356 SF.
L C
L1
L2
L3
L4
L5
Cl
C2
BEARING ELTA
N 32'09'29" E
N 57'50'31" W
N 32'09'29" E
N 64'55'58" W
S 64'55'58" E
fr=09'03'28"
fr=05'22'37"
1900.00
1905.00
RAOIUS
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PARCEL 'B'
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i.B. 34/52-~
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D,P.2.300/41
I
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LENGTH
299.12
23.69
169.27
40.12
25.19
300.37
178.78
SCALE: 1"=100'
TRACT 10647
M,B. 159/39-40
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L C BEARING DELTA RADIUS
L1 S 63'03'25" W
L2 N 32'09'36" E
L3 N 64'55'58" W
L4 N 64'55'58" W
Cl fl=01'56 '57" 1850.00
C2 fl=01'56'58" 1900.00
L5 S 64'55'58" E
L6 N 64'55'58" W
C3 fl=D4'OB'38" 1905.00
LENGTH
158.77
47.55
59.75
54.61
62.94
64.64
40.12
100.73
137.78
. SHEET 20F 2
./ '
EXHIBIT "B2"
D.P. 2.300/42
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GE SHERER
COR. NO. 5
PER C. S. 1 780
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PARCB.. 'C'
RIGHT OF WA Y
2,395 S.F.
,
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,
4'6'.,.
3'S'
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POB FOR CAMPUS PARKWA Y ./ . /
PER DOC. NO. 2005-0970212./ '''J~~ X
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TRACT 10647
M.B. 159/39-40
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
County of
OnJllne. l~tl.~IO
no
}
State of California
personally appeared
before me, .\II.1ie. aLFr7I?;~r-lY\a..th'ILI'\ I Vkhtr1
,..; Here Insert Name and TrUe of the Offic:8r
~k- ~J. f'J.o{',...; 5
Name(s) of Signer(s)
Pl1U~
re--u-~
..It . - ---~
l - ~~~~'
who proved to me on the basis~ satisfactory evidence to
be the personCB{ whose name~ isl~ subscribed to the
within. instrument and acknowled.9~L~ me that
hel~~ jlXecuted the same in hisfnf}l<l!llllf authorized
capacity(i~, and that by hi~1lddrr signatu~ on the
instrument the personl)lt or the' entity upon behalf of
which the persontt(iicted, 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.
Place Notary Seal Above
Signature
OPTIONAL
Though the information below is not required by la~ it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Slgner(s)
TOp of thumb here
Signe(s Name:
o Individual
o Corporate Officer - Tltle(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Signer's Name:
o Individual
o Corporate Officer - Tille(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHTTHUr,lBPRINT
OF SIGNER
RIGHT THur,lBPRINT
OF SIGr~ER
TOp of thumb here
Signer Is Representing:
Signer Is Representing:
~ ,..,. _~ ~~W;5ill.;llil. _ "",..,.. _!!o!.: ~...._- -~
02007 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313.2402. www.NationalNotary.org Item 15907 Reorder: Call ToIl.Free 1-800-876-6827