HomeMy WebLinkAbout2010-302
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1 RESOLUTION NO. 2010-302
2
RESOLUTION OF THE CITY OF SAN BERNARDINO REPEALING
3 RESOLUTION NO. 2006-247 AND RESOLUTION NO. 2006-348, AND AMENDING
RESOLUTION NO. 2009-372 RELATIVE TO CERTAIN ISLAND ANNEXATIONS
4 GENERALLY LYING NORTH OF PACIFIC STREET, EAST OF VALENCIA
5 AVENUE, SOUTH OF PIEDMONT DRIVE AND WEST OF VICTORIA AVENUE.
6 WHEREAS, as a condition of approval required by the Local Agency Formation
7 Commission ("LAFCO") for the annexation to the City of San Bernardino of the
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unincorporated area generally known as Arrowhead Springs Area Annexation No. 360 (LAFCO
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3050), on July 10, 2006, the Mayor and Common Council of the City adopted Resolution No.
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11 2006-247, entitled:
12 "RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING
APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE
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13 COUNTY OF SAN BERNARDINO FOR A REORGANIZATION CONSISTING OF
ANNEXATION TO THE CITY OF SAN BERNARDINO OF 6 AREAS OF
14 UNINCORPORATED TERRITORIES, GENERALLY LYING NORTH OF PACIFIC
15 STREET, EAST OF VALENCIA AVENUE, SOUTH OF PIEDMONT DRIVE AND
WEST OF VICTORIA AVENUE, TO BE KNOWN AS ANNEXATION NO. 361."
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and;
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WHEREAS, as further required by said condition of approval imposed by LAFCO for
the Arrowhead Springs Area Annexation, on October 2, 2006, the Mayor and Common Council
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of the City adopted Resolution No. 2006-348, entitled:
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"RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO OF INTENTION TO MAKE APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION FOR ANNEXATION OF VARIOUS COUNTY
ISLANDS."
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and;
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WHEREAS, the annexation of those certain islands of un-incorporated territory as
identified in Resolution No. 2006-247, and known as LAFCO 3067 A-F, was approved by
LAFCO and completed on February 22, 2010 by the recording of Certificates of Completion;
and
Q/o1/")010
2010-302
1 RESOLUTION .OF THE CITY OF SAN I,IERNARDlNO REPEALING RESOLUTION NO, 21106-247 AND
RESOLUTION NO. 2006-348, AND AMENDING RESOLUTION NO. 2009-372 RELATIVE TO CERTAIN
2 ISLAND ANNEXATIONS GENERALLY LYING NORTH OF PACIFIC STREET, EAST OF VALENCIA
AVENUE, SOUTH OF PIEDMONT DRIVE AND WEST OF VICTORIA AVENUE.
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4 WHEREAS, a civil lawsuit was filed by Susan Hulse, a resident in one of the affected
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island areas, in San Bernardino County Superior Court, Case No. CIVDS 1002077, against
LAFCO to invalidate said island annexations; and
WHEREAS, the City of San Bernardino was named as one of the defendants in the
above-referenced case; and
WHEREAS, on August 13,2010, a Stipulation for Entry of Judgment ("Judgment") was
approved and ordered by the Court in the above-referenced case (copy attached and
incorporated herein as Exhibit "A"); and
WHEREAS, one of the conditions set forth in said Judgment was that the City repeal
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19 Council on July 10, 2006, is hereby repealed,
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Resolution No, 2006-247 and Resolution No. 2006-348.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That Resolution No. 2006-247, adopted by the Mayor and Common
SECTION 2. That Resolution No. 2006-348, adopted by the Mayor and Common
Council on October 2, 2006, is hereby repealed,
SECTION 3. That Resolution No. 2009-372 (copy attached and incorporated herein as
Exhibit "B"), adopted by the Mayor and Common Council on December 7,2009, entitled:
"RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING THE
25 BOUNDARIES OF THE SECOND WARD AND THE FOURTH WARD TO INCLUDE
26 CERTAIN AREAS ANNEXED WITHIN CITY OF SAN BERNARDINO ANNEXATION NO. 360,
ARROWHEAD SPRINGS AREA, AND ANNEXATION NO. 361, PORTIONS OF VARIOUS
27 ISLANDS GENERALLY LYING NORTH OF PACIFIC STREET, EAST OF VALENCIA
AVENUE, SOUTH OF PIEDMONT DRIVE AND WEST OF VICTORIA AVENUE."
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I\O/n'1/'}t\lt\
"
2010-302
1 RESOLUTION QF THE CITY OF SAN BI'RNARDINO REPEALIl'iG RESOLUTION NO. 20116-247 AND
RESOLUTION NO. 2006-348, AND AMENDING RESOLUTION NO. 2009-372 RELATIVE TO CERTAIN
2 ISLAND ANNEXATIONS GENERALLY LYING NORTH OF PACIFIC STREET, EAST OF VALENCIA
AVENUE, SOUTH OF PIEDMONT DRIVE AND WEST OF VICTORIA AVENUE.
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4 is hereby amended to delete all references to Annexation No. 361 (LAFCO 3067-A through F), the
5 annexation of 6 areas of unincorporated territories generally lying north of Pacific Street, east of
6 Valencia Avenue, south of Piedmont Drive and west of Victoria Avenue.
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n^ti'\"'J....n~n.
2010-302
.1 RESOLUTION OF' T,HE CITY OF SAN BEIlN.ARDINO REPEALING RJ<;SOLUTION NO. 2006-247 AND
RESOLUTION NO. 2006-348, AND AMENDING RESOLUTION NO. 2009-372 RELATIVE TO CERTAIN
2 ISLAND ANNEXATIONS GENERALLY LYING NORTH OF PACIFIC STREET, EAST OF VALENCIA
A VENUE, SOUTH OF PIEDMONT DRIVE AND WEST OF VICTORIA A VENUE.
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5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
ioint regular
meeting thereof
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7th
day of September
, 20~, by the following vote, to
held on the
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wit:
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Council Members:
AYES
NAYS
ABSTAIN ABSENT
11 MARQUEZ
12 DESJARDINS
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BRINKER
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SHORETT
x
16 KELLEY
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JOHNSON
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MCCAMMACK
C~~
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The foregoing resolution is hereby approved this CI, -- day
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of September
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O[PV
EXHIBIT" A"
2010-302
1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
2 Including Professional Corporations
SEAN P. O'CONNOR, Cal. Bar No. 155940
3 MARGUERITE P. BATTERSBY, Cal. Bar No. 115422
DANIEL P. BANE, CaI. Bar No. 251144
4 650 Town Center Drive, 4th Floor
Costa Mesa, California 92626-1993
5 Telephone: 714-513-5100
Facsimile: 714-513-5130
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SUSAN HUL,SE.~ IDdivi4ual.
Attorneys for Plaintiff, Susan Hulse
FILED-Central District
SUPERIOR CQum
SAN BERNARDINO COU'flY
AUG 13 2CW
By~~~
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FQR THE COUNTY OF SAN BERNARDINO
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Plaintiff,
14 v.
15 ALL PERSONS INTERESlED IN THE
MA TIER OF LOCAL AGENCY
16 FORMATION COMMISSION FOR SAN
BERNARDINO COUNTY ("LAPCO") 3067
17 A-F (RESOLUTION NOS. 3071 (LAFCO
3067A): 3072 (LAFCO 3067B): 3073 (LAFCO
18 3067C); 3074 (LAFCO 3067D): 3075 (LAFCO
3067E); and 3076 (LAFCO 3067F)
19 APPROVED ON NOVEMBER 18,2009,
WITH RECONSIDERATION DENIED ON
20 FEBRUARY 17,2010; SAN BERNARDINO
COUNTY LOCAL AGENCY PdRMATIO'N
21 COMMISSION; CITY OF SAN
BERNARDINO; and DOES 1-100, inclusive,
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Defendants.
Case No.: CIVDS 1002077
(CEQA)
Assigned for all purposes to:
Hon. Judge Donald R. Alvarez
Dept. S36
STIPULATION FOR ENTRY OF
JUDGMENT; [~] ORDER AND
JUDGMENT THEREON
Complaint Filed:
February 25, 2010
25 It is hereby stipulated, by and between Plaintiff SUSAN HULSE ("Plaintiff') and
26 Defendants LOCAL AGENCY FORMATION COMMISSION FOR SAN BERNARPINO
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27 COUNTY ("LAFCO") and CITY OF SAN BERNARDINO ("City"), as follows:
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W02- WEST:3DPBl\402843:J87.3
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STIPULATION FOR ENTRY OF JUDGMENT;
[PROPOSED] ORDER AND JUDGMENT THEREON
2010-302
1 RECITALS
2 WHEREAS, on or about November 18, 2009, LAFCO considered and approved San
3 Bernardino Annexation No. 361/LAFCO'3067A-F (LAFCO Resolution Nos. 3071-3076)
4 (hereinafter, the "Island Annexations");
5 WHEREAS, on or about November 19,2009, LAFCO filed Notices of Exemption
6 regarding the Island Annexations with the Clerk of the Board of Supervisors of San Bernardino
7 County;
8 WHEREAS, on or about December 17,2009, Plaintiff Susan Hulse ("Plaintiff") filed one
9 or more requests for reconsideration with LAFCO, pursuant to Government Code Section 56895,
10 seeking reconsideration of the Island Annexations;
11 WHEREAS, on or about February 17,2010, LAFCO denied Plaintiff's requests for
12 reconsideration regarding the Island Annexations;
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13 WHEREAS, on or about February 22, 2010, LAFCO executed and recorded Certificates of
14 Completion for the Island Annexations;
15 WHEREAS, upon the recordation of the Certificates of Completion, the Island
16 Annexations were deemed to be completed and in existence;
17 WHEREAS, on February 25, 2010, Plaintiff filed and served her Complaint to Invalidate
18 Unlawful Island Annexations Approved Pursuant to Government Code Section 56375.3; for
19 Violations of the California Environmental Quality Act ("CEQA"); and for Declaratory and
20 Injunctive Relief, which complaint was brought pursuant to Code of Civil Procedure Sections 800
21 et seq. as a "reverse validation" action (hereinafter, the "Action");
22 WHEREAS, to date, no interested parties have answered or otherwise intervened in the
23 Action;
24 WHEREAS, on or about April 6, 2010, Plaintiff filed and served her First Amended
25 Complaint to Invalidate Unlawful Island Annexations Approved Pursuant to Government Code
26 Section 56375.3, for Violations of CEQA, and for Declaratory and Injunctive Relief (hereinafter,
27 "Complaint");
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STIPULATION FOR ENTRY OF JUDGMENT;
[pROPOSED] ORDER AND JUDGMENT THEREON
2010-302
WHEREAS, Plaintiffs Complaint alleges thaI the Island Annexations were unlawfully
2 approved, pursuant 10 GovermnetU Code Section 56375.3 and CEQA; and Defendant LAFCO
3 disputes these allegations; and
4 WHEREAS, the parties enter into this Stipulated Judgment for the purpose of avoiding any
5 additional costs of litigation, and without any admission .of wrongdoing or violation of law;
6 AGREEMENT
7 Based on the Recitals set forth above, which are incorporated herein, and in consideration
8 therefore, the parties agree that a Stipulated Judgment in the form and manner set forth below (see
9 Exhibit "Au to the attached Order and Judgment) shall be submitled to and may be made and
10 entered by the Court with respect to the rights and obligations of the parties to this Stipulated
11 Judgment.
12 DATED: Augus~, 2010
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LOCAL AGENCY FORMATION
COMMISSION FOR SAN BERNARDINO
COUNTY
By "YiY
Executive Officer
APPROVED AS TO FORM:
By:
Ma ostin q.
Special Counsel to the LAFCO, Defendant
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STIPULATION FOR ENTRY OF JUDGMENT'
[PROPOSED] ORDER AND JUDGMENT THEREON
2010-302
WHEREAS. Plaintiffs Complaint alleges that the Island Annexations were unlawfully
2 approved. pursuant to Government Code Section 56375.3 and CEQA; and Defendant LAFCO
3 disputes these allegations; and
4 WHEREAS, the parties enter into this Stipulated Judgment for the purpose of avoiding any
5 additional costs of litigation, and without any admission of wrongdoing or violation of law;
6 AGREEMENT
7 Based on the Recitals set forth above, which are incorporated herein, and in consideration
8 therefore, the parties agree that a Stipulated Judgment in the fonn and manner set forth below (see
9 Exhibit "A" to the attached Order and Judgment) shall be submitted to and may be made and
10 entered by the Court with respect to the rights and obligations of the parties to this Stipulated
11 Judgment.
12 DATED: AugusS,20IO
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20 RUTAN & TUCKER, LLP
LOCAL AGENCY FORMATION
COMMISSION FOR SAN BERNARDINO
COUNTY
By
APPROVED AS TO FORM:
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By:
Mark Austin, Esq.
Special Counsel to the LAFCO, Defendant
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W02.WEST,30PB 11402843387.3
STIPULATION FOR ENTRY OF JUDGMENT;
[PROPOSED] ORDER AND JUDGMENT THEREON
2010-302
CITY OF SAN BERNARDINO
B~~_
Pa . ck J. orris, Mayor--...)
SUSAN HULSE
By ~ Ji/?{f;r? ~;/~Jk{l~~
SOSAN LSE, Plaintiff
19 SHEPPARD MULLIN RICHTER & HAMPTON, LLP
20 ^A
By: I I\.
21 Margue te P. Battersby, Esq.
Daniel P. Bane, Esq.
22 Attorneys for Susan Hulse, Plaintif
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STIPULATION FOR ENTRY OF JUDGMENT;
[pROPOSED] ORDER AND JUIXlMENT TIffiREON
2010-302
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[PROPOSED] ORDER AND JUDGMENT
3 Based on the foregoing Recitals, and the attached Stipulated Judgment (Exhibit "A"), and
4 with good cause appearing therefore:
5 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment in this
6 matter shall be entered in accordance with the Stipulated Judgment, attached hereto as Exhibit "A"
7 and incorporated herein in full.
8 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall
9 retain jurisdiction over this matter until such time as the Island Annexations (LAFCO 3067 A-F)
10 have been detached from the City of San Bernardino, and payment in full has been made to
11 Plaintiff, as set forth in the Stipulated Judgment.
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IT IS SO ORDERED, ADJUDGED, AND DECREED.
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""'-I' R. AI, , J ""g,
13 DATED:
AUG 1 3 2010
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STIPULATION FOR ENTRY OF JUDGMENT;
[PROPOSED] ORDER AND JUDGMENT THEREON
2010-302
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EXHIBIT "A"
1.
STWULATEDJUDGMENT
Promptly upon entry of this Stipulated Judgment by the Court, the San Bernardino
4 Local Agency Formation Commission ("LAFCO") shall take the following actions to effect the
5 rescission of LAFCO Resolution Nos. 3071 (LAFCO 3067 A), 3072 (LAFCO 3067B), 3073
6 (LAFCO 3067C), 3074 (LAFCO 3067D), 3075 (LAFCO 3067E), and 3076 (LAFCO 3067F)
7 (collectively, the "Resolutions") approving the annexation of six (6) unincorporated San
8 Bernardino County islands pursuant to Government Code ~ 56375.3 ("Section 56375.3")
9 (collectively, the "Island Annexations"):
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A.
The Certificates of Completion for the Island Annexations, issued by the
11 LAFCO Executive Officer on February 22,2010, and recorded that same day as document
12 numbers 2010-0067724. 2010-0067725, 2010-0067726, 2010-0067727, 2010-0067728, and 2010-
13 0067729, shall be effectively rescinded by the LAFCO Executive Officer's recordation, at
14 LAFCO's expense, of six (6) new certificates of completion confirming the restoration of the
15 status quo ante the Island Annexations. LAFCO shall exercise its best efforts to record the new
16 certificates of completion not later than four (4) calendar days following Court approval of this
17 Stipulated Judgment.
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B.
The new certificates of completion shall reflect the following actions
19 regarding the Island Annexations:
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21 Area
22 LAFCO 3067 A
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Al!.encv And Action Taken
City of San Bernardino -Detached From
San Bernardino County Fire Protection District (SBCFPD) - Annexed to
.
SBCFPD Valley Service Zone - Annexed to
SBCFPD Service Zone PM-2 ,.. Annexed to
County Service Area 70 - Annexed to
County Service Area SL-l - Annexed to
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STIPULATION FOR ENTRY OF JUDGMENT;
[PROPOSED] ORDER AND JUDGMENT THEREON
1 LAFCO 3067B
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7 LAFCO 3067C
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13 LAFCO 3067D
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2010-302
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City of San Bernardino -Detached From
San Bernardino County Fire Protection District (SBCFPD) -Annexed to
SBCFPO Valley Service Zone - Annexed to
SBCFPO Service Zone PM-2 - Annexed to
County Service Area 70 - Annexed to
County Service Area SL-l - Annexed to
City of San Bernardino -Detached From
San Bemardino County Fire Protection District (SBCFPD) - Annexed to
SBCFPO Valley Service Zone - Annexed to
SBCFPD Service Zone PM-2 - Annexed to
County Service Area 70 - Annexed to
County Service Area SL-l - Annexed to
City of San Bernardino -Detached From
San Bernardino County Fire Protection District (SBCFPD) - Annexed to
SBCFPO Valley Service Zone - Annexed to
SBCFPO Service Zone PM-2 - Annexed to
County Service Area 70 - Annexed to
County Service Area SL-l - Annexed to
City of San Bernardino -Detached From
San Bemardino County Fire Protection District (SBCFPD) - Annexed to
SBCFPO Valley Service Zone - Annexed to
SBCFPO Service Zone PM-2 - Annexed to
County Service Area 70 - Annexed to
County Service Area SL-l - Annexed to
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City of San Bernardino -Detached From
San Bernardino County Fire Protection District (SBCFPD) - Annexed to
SBCFPO Valley Service Zone - Annexed to
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STIPULATION FOR ENTRY OF JUDGMENT;
[PROPOSED] ORDER AND JUDGMENT THEREON
2010-302
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SBCFPD Service Zone PM-2 - Annexed to
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County Service Area 70 - Annexed to
County Service Area St.-l - Annexed to
2.
Upon the entry ofthis Stipulated Judgment by the Court and LAFCO's completion
6 of the actions set forth hereinabove, LAFCO shall promptly notify all affected public agencies,
7 and all property owners/residents in the affected areas through correspondence sent by regular
8 mail using a mailing list provided by the City, that the Island Annexations have been rescinded.
9 Additionally, LAFCO shall immediately notify the appropriate taxing authorities that any property
10 tax and subvention revenue designations affecting the San Bernardino County Fire Protection
11 District ("SBCFPD"), SBCFPD Valley Service Zone, SBCFPD Service Zone PM-2, County
12 Service Area 70, and/or County Service Area SL-I, and any other affected agencies, made as a
13 result of the Island Annexations, must be returned to the status quo ante the Island Annexations.
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The City of San Bernardino ("City") shall repeal City Resolution Nos. 2006-247
15 and 2006-348 at its next regularly scheduled meeting of the City Council following entry of this
16 Stipulated Judgment by the Court. All parties agree that the Arrowhead Springs Annexation was
17 not (and shall not be) conditioned on the annexation of the six (6) areas identified as LAFCO
18 3067 A-F, or the five (5) additional areas referenced in City Resolution No. 2006-348.
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4. The City shall not initiate any further island annexations pursuant to Section
56375.3 in which the area sought to be annexed comprises less than an entire unincorporated
21 island, unless and until the California Legislature substantially revises Section 56375.3 and/or the
22 Cortese-Knox-Hertzberg Act (Government Code Sections 56000 et seq.) (hereinafter, the
23 "LAFCO Act") specifically to allow such annexations.
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Unless and until the California Legislature substantially revises Section 56375.3
25 and/or the LAFCO Act to allow annexations of territories that comprise less than an entire
26 unincorporated island, LAFCO agrees it shall not condition any annexations requested by the City
27 on the City's additional annexation of areas that comprise less than the entire unincorporated
28 island of which they are a part. In addition. LAFCO further agrees that it will not withhold
-R-
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STIPULATION FOR ENTRY OF JUDGMENT;
[PROPOSED] ORDER AND JUDGMENT THEREON
2010-302
1 approval of annexations requested by the City because island annexations of less than an entire
2 unincorporated island cannot be so conditioned.
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6.
Any "interested person.~;' as that term is used in Code of Civil Procedure ~~ 860 et
4 seq., failing to timely respond to the Complaint, are in default, and this Stipulated Judgment may
5 be entered against them pursuant to Code of Civil Procedure Section 585, subdivision (c).
6 7. LAFCO and the City shall, within ten (10) calendar days following receipt of
7 notice that the Court has approved and signed this Stipulated Judgment, reimburse Plaintiffs
8 attorneys' fees and costs of litigation in this matter as follows:
9 A. The City shall be liable to Plaintiff for, and shall reimburse Plaintiff for,
10 $66,667.00, and no more; and
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B.
LAFCO shall be liable to Plaintiff for, and shall reimburse Plaintiff for,
12 $33,333.00, and no more.
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C.
The foregoing amounts represent two separate liabilities for which the City
14 and LAFCO are not jointly or severally liable. Under no circumstances shall LAFCO be required
15 to pay the amount owed by the City, or the City be required to pay the amount owed by LAFCO.
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Plaintiff's recovery of attorneys' fees and litigation costs in connection with this
17 Action are limited to the amounts set forth in Paragraph 7 above. Plaintiff shall not be entitled to
18 recover any further attorneys' fees and/or costs from either the City or LAFCO that relate in any
19 manner to the Action, the Resolutions, or the Island Annexations (including but not limited to fees
20 and costs incurred before the Action was initiated), except for the amounts set forth in Paragraph 7
21 above. Any party who is required to bring a post-judgment enforcement action on, or defend any
. 22 challenge to, this Stipulated Judgment may recover their fees and costs if they are the prevailing
23 party, as determined by the Court.
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The City and LAFCO shall each pay their own respective attorneys' fees and costs
25 of litigation in this matter, including any fees and costs incurred in complying with this Stipulated
26 Judgment. Neither the City nor LAFCO shall seek reimbursement nor recovery from the other for
27 their attorneys' fees and/or costs of litigation in this matter:
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STIPULATION FOR ENTRY OF JUDGMENT;
[PROPOSED] ORDER AND JUDGMENT THEREON
2010-302
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10.
The Court shall retain jurisdiction over this matter until such time as the Island
2 Annexations (LAFCO 3067A-F) have been detached from the City of San Bernardino and
3 payment in full has been made to Plaintiff, as set forth in this Stipulated Judgment.
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STIPULATION FOR ENTRY OF JUDGMENT;
[PROPOSED] ORDER AND JUDGMENT THEREON
2010-302
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PROOF OF SERVICE
COUNTY OF SAN BERNARDINO
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STATE OF CALIFORNIA
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I am employed in the County of,San Bernardino, State of California. I am over the age of 18
and not a party to the within action; my business address is 300 No. "D" Street, Rm 668, San
Bernardino, California.
On August ~G ,2010, I served the foregoing document described as: STIPULA nON
FOR ENTRY OF MENT; [PROPOSED) ORDER AND JUDGMENT THEREON on
the persons set forth below as follows:
Marguerite P. Battersby, Esq.,
Sheppard, Mullin, Richter & Hampton
650 Town Center Drive, 4"' Floor,
Costa Mesa, CA 92626
714.513.5100 office; 714.S13.5130 Ilo:
(Attorneys for Plaintiff, HULSE)
Mark J. Austin, Esq.
RUT AN & TUCKER
611 Anton Blvd., 14"' Floor
Costa Mesa, CA 92626-1931
~14) 641-5100; (714) 546-9035
Attorneys for Defendant, SAN BERNARDINO COUNTY LOCAL AGENCY FORMATION
OMMISSION) . .. .
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L- *(BY UNITED STATES MAIL) I enclosed the documents in a sealed envelope or
package addressed to the persons at the above listed addresses. By placing the envelope
for collection and mailing following our ordinary business practices. I am readily familiar
with this business's practice for collecting and processing correspondence for mailing. On
the same day that correspondence is plllCed for collection and mailing, it is deposited in the
ordinary course of business with the United States Postal Service in a sealed envelope with
postage fully prepaid. .
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19 ~ (STATE) I declare under penalty ofpetjury under the laws of the State of California
that the above is true and correct.
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(FEDERAL) I declare that lam employed in the office ofa member of the bar of this
court at.,whose.i1irofmtJlIiilie'service was made.
/'').
Executed on August <=-.J, 2010, at San Be
23 An2ela Rodril!Uez
Legal Secretary
2 4 City Attorney's Office
300 N. D Street
25 San Bernardino, CA 92418
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'Per Judicial Council of California POS-04Il [Rev. January 1. 20lOJ
P:\EMPENO\CIVR. unGA1l0N\HulJe\HuIIe.POS:Ji'pd
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PROOF OF SERVICE
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2010-30Z----
EXHIBIT "B"
RESOLUTION NO. 2009-372
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING THE
BOUNDARIES OF THE SECOND'WARD AND THE FOURTH WARD TO INCLUDE
CERTAIN AREAS ANNEXED WITillN CITY OF SAN BERNARDINO ANNEXATION
NO. 360, ARROWHEAD SPRINGS AREA, AND ANNEXATION NO. 361, PORTIONS OF
VARIOUS ISLANDS GENERALLY LYING NORTH OF PACIFIC STREET, EAST OF
VALENCIA A VENUE, SOUTH OF PIEDMONT DRIVE AND WEST OF VICTORIA
AVENUE.
WHEREAS, on February 21,2006, the City of San Bernardino adopted Resolution No.
2006-45, making application to the Local Agency Formation Commission ("LAFCO") to initiate
proceedings pursuant to Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000
(Section 56000 et. Seq. of the Government Code) C'^CT") for expansion of the City's Sphere of
Influence and annexation of the Arrowhead Springs area, generally located north of 40'h Street and
easterly and westerly of State Highway 18, known as City of San Bernardino Annexation No. 360
(LAFCO 3050), more specifically shown on the attached map in Exhibit "A", as amended by
LAFCO to expand Area 1, attached hereto and made a part hereof and as described in Exhibit "B",
as amended by LAFCO attached hereto and made a part hereof; and
WHEREAS, on July 10,2006, the City of San Bernardino adopted Resolution No. 2006-
247, making an application to LAFCO to initiate proceedings under the ACT for reorganization
consisting of the annexation of6 areas of un ill corp orated territories generally lying north of Pacific
Street, east of Valencia Avenue, south of Piedmont Drive and west of Victoria A venue, known as
City of San Bernardino Annexation No. 361 (LAFCO 3067-A through F). more specifically shown
on the attached maps in said Exhibit "A", as amended by LAFCO to expand Areal, Area 4 and
Area 5, attached hereto and made a part hereof and as described in said Exhibit "13", as amended
by LAFCO, attached hereto and made a part hereof; and
WHEREAS, on November 18,2009, LAFCO approved said annexation ofumncorporated
territories into the City of San Bernardino; and
11/16/09
1
LU lU.::JUT
2009-372
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RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING THE BOUNDARIES OFTHE SECOND
WARD AND THE FOURTH WARD TO INCLUDE CERTAIN AREAS ANNEXED WITHIN CITY OFSAN
BERNARDINO ANNEXATION NO. 360, ARROWHEAD SPRINGS AREA, AND ANNEXATION NO. 36t,
PORTIONS OF VARIOUS ISLANDS GENERALLY LYING NORTH OF PACIFIC STREET, EAST OF
V ALENCIA AVENUE, SOUTH OF PIEDMONT DRIVE AND WEST OF VICTORIA A VENUE.
WHEREAS, the boundaries of the Second Ward adjacent to said Areas 4, 5 and 6 of
Annexation No. 361, and the boundaries of the Fourth Ward adjacent to said Areas 1 and 2 of
Annexation No. 360 and Areas 1, 2 and 3 ef said Annexation No. 361, need to be amended to
include said annexed areas into the respective Wards.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The boundaries of the Second Ward are hereby amended to include the
areas depicted as said Areas 4,5 and 6 of Annexation No. 361 in said Exhibit "A" and described
in said Exhibit "B" and the boundaries of the Fourth Ward are hereby amended to include the
areas depicted as said Areas I and 2 of Annexation No. 360 and said Areas 1, 2 and 3 of
Annexation No. 361 in said Exhibit "A" and described in said Exhibit "B", to be effective on said
annexation effective date to be set forth on the Notices of Completion, anticipated to be on or
near the date of December 18,2009 for Annexation No. 361, and onor near the date of January 8,
2010 for Annexation No. 360.
1/
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.-...---.- 2010-302
2009-372
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RESOLUTION OFTIIE CITY OF SAN BERNARDINO AMENDING TIIE BOUNDARIES OFTHE SECOND
WARD AND THE FOURTH WARD TO INCLUDE CERTAIN AREAS ANNEXED WITHIN CITY OF SAN
BERNARDINO ANNEXATION NO. 360, ARROWHEAD SPRINGS AREA, AND ANNEXATION NO. 361,
PORTIONS OF VARIOUS ISLANDS GENERALLY LYING NORm OF PACIFIC STREET, EAST OF
V ALENClA AVENUE, SOUTH OF PIEDMONT DRIVE AND WEST OF VICTORIA AVENUE.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a Joint relZular meeting thereo
held on the 7th
day of December
, 2009, by the following vote, to-wit:
7
8
Council Members: AYES
ESTRADA X
BAXTER
BRINKER X
SHORETI X
KELLEY X
JOHNSON X
MCCAMMACK
NAYS
ABSTAIN ABSENT
X
X
~~ Q.~,
rt"rt
The foregoing resolution is hereby approved this q~ day of December ,2009.
~r
CI San Bernardino
Approved as to form:
/....,~~-( ~~-4'- . ~ a.f. ~ j"S'{J 7.J".J(6J(j). rtJ.
JAMES F. PE ,City Attorney )
.7./
12/07/09
3
2009-372
EXHIBIT "A"
VICINITY AND INDEX MAP
AND
DETAIL MAPS
DEPICTING AREAS OF ANNEXATION
----------2o10~302
--2010'302
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2009-372
EXHIBIT "D"
LEGAL DESCRIPTION
OF ANNEXED AREAS
-""2010-302
...---. .....-. '2010-302
2009-372
LAFCO 3050
Revision No, 3 : 09/06/06
Reorganization to Include
City of San Bernardino Annexation No. 360
(Arrowhead Springs Specific Plan Area)
Those parcels ofland located in Section 7, Township I North, Range 3 West, San
Bernardino Base and Meridian, and Sections 2,3, 11,12 and 14, all in Township I North,
Range 4 West, San Bernardino Base and Meridian, and Section 34, Township 2 North,
Range 4 West, San Bernardino Base and Meridian, in the County of San Bernardino,
State of California, described as follows:
AREA "I"
Beginning at a point being on the existing corporate City limit line of the City of San
Bernardino per Annexation No. 190, said point also being the northwest corner of the
south one-half of the northeast one-quarter of said Section 11, Township 1 North, Range
4 West;
1. Thence east, leaving said existing corporate City limit line, along the north line of
said south one-half of the northeast one-quarter of Section 11 to the northeast corner
of said south one-half of the northeast one-quarter of said Section 11, said point also
being on the west line of said Section 12, Township 1 North, Range 4 West;
2. Thence north, along said west line of said Section 12 to the northwest corner thereof;
3. Thence east, along the north line of said Section 12 to the northeast corner of the
northwest one-quarter ofthe northeast one-quarter of said Section 12;
4. Thence south, along the west line said northwest one-quarter of the northeast one.
quarter of said Section 12 to the southeast comer of said northwest one-quarter of the
northeast one-quarter of said Section 12, said point also being on the north line of the
southeast one-quarter of the northeast one-quarter of said Section 12;
5. Thence east, along said north line, to the northeast corner of said southeast one-
quarter of the northeast one-quarter of said Section 12, said point also being on the
west line of said Section 7, and the common Range line of said Township 1 North,
Range 3 West and said Township 1 North, Range 4 West;
6. Thence north, along said west line of Section 7 and said common Range line, to the
northwest corner thereof;
Revised 9/6/06
Page 1 of4
2010-302
2009-372
7. Thence east, leaving said common Range line, along the north line of said Section 7
to the northeast corner thereof;
8. Thence south, along the east line of said Section 7 to the southeast corner thereof;
9. Thence west, along the south line of said Section 7 to the southwest corner thereof
and said common Range line of Township I North, Range 3 West and Township 1
North, Range 4 West;
10. Thence north, along said west line of Section 7 and said common Range line, to the
southeast corner of the north one-half of the southeast one-quarter of said Section 12,
Township 1 North, Range 4 West;
II. Thence west, leaving said common Range line, along the south line of said north
one-half of the southeast one-quarter of said Section 12, and along the south line of
the north one-half of the southwest one-quarter of said Section 12 to the southwest
corner of said north one-half of the southwest one-quarter of said Section 12, said
point also being on the east line of said Section 11, Township I North, Range 4 West;
12. Thence south, along said east line of Section II to the southeast corner thereof;
13. Thence west, along the south line of said Section 11 to the northeast corner of the
northwest one-quarter of the northeast one-quarter of said Section 14, Township 1
North, Range 4 West;
14. Thence south, along the east line of said northwest one-quarter of the northeast one-
quarter of said Section 14, a distance of. 417.40 feet to a point on said existing
corporate City limit line of the City of San Bernardino, per Annexation No. 347
(LAFCO 2584) ;
Thence, along said existing corporate City limit line through its various courses as per
said Annexation No. 347, and said Annexation No. 190, as follows:
15. Thence South 88052' 09" West, a distance of208.7l feet;
16. Thence North 000 49' 28" West, 417.40 feet to a point on said south line of Section
11;
17. Thence South 880 52' 09" West, along said south line, a distance of 541.95 feet;
18. Thence South 02002'29" West, a distance of381.95 feet;
19. Thence South 72027'09" West, a distance of 52.21 feet;
20. Thence North 79044'01" West, a distance of 38.00 feet;
Revised 9/6/06
Page 2 of4
- 2010-302
2009-372
21. Thence North 49049' 11" West, a distance of 108.69
22. Thence North 04053'22" East, adistan'ce of318.61 feet to said south line of Section
11;
23. Thence South 880 52' 09" West, along said south line, a distance of 422.81 feet to the
southeast corner of the west one-half of said Section 11;
24. Thence north, along the east line of said west one-half of Section II, to the Point of
Beginning.
The above-described Area "1" contains 1,297.87 acres, more or less.
AREA "2"
Beginning at the southwest corner of the west one-half of the southwest one-quarter of
said Section 2, Township 1 North, Range 4 West, said point also being on the existing
corporate City limit line of the City of San Bernardino per Annexation No. 190;
1. Thence, north and leaving said existing corporate City limit line, along the west line
of said west one-half of the southwest one-quarter of said Section 2, to the southeast
corner of the northeast one-quarter of the southeast one-quarter of said Section 3,
Township I North, Range 4 West;
2. Thence west, along the south line of said northeast one-quarter ofthe southeast one-
quarter of said Section 3, to the southwest corner of said northeast one-quarter of the
southeast one-quarter of said Section 3;
3. Thence north along the west line of said northeast one-quarter of the southeast one-
quarter of said Section 3, to the southeast corner of Government Lot 6 of said Section
3;
4. Thence west, along the south line of said Government Lot 6, to the southwest corner
thereof;
5. Thence north, along the west line of said Government Lot 6 and the west line of
Government Lot 1 of said Section 3, to the northwest corner of said Government Lot
I, said point also being the southwest corner of the southeast one-quarter of said
Section 34, Township 2 North, Range 4 West and the common Township line of
Township 1 North, Range 4 West and Township 2 North, Range 4 West;
Revised 9/6/06
Page 3 of4
n..._...._____..n... ..... WI 0-302
2009-372
6. Thence North 000 05' 17' West, leaving said common Township line, along the west
line of said southeast one-quarter of said Section 34, a distance of 910.21 feet to a
point on the west line of that certain line designated as "Existing R/W" on Right of
Way Map of State Road 8-SBd-I8 on file as County Surveyor's Map No. 7696-1, in
the San Bernardino County Surveyor's Office;
7. Thence South 63018'33" East, along said "Existing R/W", a distance of 113.75 feet;
8. Thence South 18014'45" East, along said "Existing RlW", a distance of889.70 feet to
the south line of said Section 34 and said common Township line and the north line
of said Section 3;
9. Thence east, along said common Township line and said north line of Section 3 to the
northeast corner of said Section 3;
10. Thence south, leaving said common Township line, along the east line of Section 3,
to the northwest corner of said west one-half of the southwest one-quarter of Section
2;
11. Thence east, along the north line of said west one-half of the southwest one-quarter
of Section 2 to the northeast corner of said west one-half of the southwest one-quarter
of said Section 2;
12. Thence south, along the east line of said west one-half of the southwest one-quarter of
said Section 2, to the south line of said Section 2, said point being on said existing
corporate City lirnit line of the City of San Bernardino per said Annexation No. 190;
13. Thence west, along said south line and said existing corporate City limit line, to the
Point of Beginning.
The above-described Area "2" contains 275.98 acres, more or less.
The total land area of Area "I" and Area "2" contains 1,573.85 acres, more or less.
Revised 9/6/06
Page 4 of4
. -2010-302
2009-372
LAFCO No.: 3067
REORGANIZATION TO INCLUDE CITY OF SAN BERNARDINO
ANNEXATION NO. 361 (SIX ISLANDS)
Revised Legal #4. 10/01/09
All those portions of certain areas of unincorporatcd territories located in Sections 19 and 30,
Township 1 North, Range 3 West, San Bernardino Meridian. and Section 36, Township I North,
Range 4 West, San Bernardino Meridian. in the County of San Bernardino, State of California,
described as follows:
AREA 1
BEGINNING at the centerline intersection of Sterling Avenue, 100 feet wide, and Marshall
Boulevard. 88 feet wide, said point also being on the existing Corporate City Limit Line of the
City of San Bernardino as established by "Annexation No. 212" (LAFCO 637);
1) Thence north and leaving said existing Corporate City Limit Line, along said centerline of
Sterling Avenue to the centerline of Foothill Drive, said point also being on the existing
Corporate City Limit Line of the City of San Bernardino as established by "Annexation No.
239" (LAFCO 845);
2) Thence north, along said existing Corporate City Limit Line and through its various courses
as established by said "Annexation No. 239", and by "Annexation No. 92", and by
"Annexation No. 118", and by "Annexation No. 130", and by "Annexation No. 136", and by
"Annexation No. 130", and by said "Annexation No. 118", and by "Annexation No. 267"
(LAFCO 989), and by "Annexation No. 181", and by said "Annexation No. 212" (LAFCO
637), in a generally northerly, southeasterly, southwesterly, northwesterly, southerly,
easterly, southerly, and westerly direction to the POINT OF Bf:GINNING
Contains 135.29 acres (0.2114 square miles), more or less.
AREA 2
BEGINNING at the intersection of the southerly prolongation of the east line of Tract No. 7408,
according to Map thereof, recorded in Book 99 of Maps, pages 9 thru 10, records of said County,
and the centerline of Lynwood Drive, 82.50 feet wide, said point being an angle point on the
existing Corporate City Limit Line of the City of San Bernardino as established by "Annexation
No. 212" (LAFCO 637);
I) Thence westerly, leaving said "Annexation No. 212" and said existing Corporate City Limit
Line, along said centerline of Lynwood Drive to an angle point on said existing Corporate
City Limit as established by said "Annexation No. 212" (LAFCO 637);
2) Thence, following said existing Corporate City Limit Line through its various courses in a
generally northerly, easterly, and southerly direction to the POINT OF BEGINNING.
Contains 10.09 acres (0.0158 square miles), more or less.
Rev. No.4 10/0]/2009
1
2010-302
2009-372
LAFCO No.: 3067
REORGANIZATION TO INCLUDE CITY OF SAN BERNARDINO
ANNEXATION NO, 361 (SIX ISLANDS)
,
AREA 3
BEGINNING at the centerline intersection of Lynwood Drive, 82.50 feet wide, and Arden
Avenue, 82.50 feet wide, said point being an angle point on the existing Corporate City Limit
Line of the City of San Bernardino as established by "Annexation No. 212" (LAFCO 637);
1) Thence northerly along said existing Corporate City Limit Line and following through its
various courses, as established by said "Annexation No. 212", in a generally northerly,
easterly, and southerly direction to an angle point of said "Annexation No. 212", said point
being on the centerline of said Lynwood Drive;
2) Thence westerly, leaving said existing Corporate City Limit Line, along said centerline of
Lynwood Drive to the POINT OF BEGINNING.
Contains 5.47 acres (0.0085 square miles), more or less.
AREA 4
BEGINNING at the centerline intersection of Del Rosa Avenue and Del Rosa Drive, said point
also being on the existing Corporate City Limit Line of the City of San Bernardino, said point
also being the southwesterly corner of "Annexation No. 317" (LAFCO 1867);
I) Thence southerly and leaving said Corporate City Limit Line, along said centerline of said
Del Rosa Drive to its intersection with the centerline of Pacific Street, said point also being
an angle point on the Corporate City Limit Line of the City of Highland, per City
Incorporation (LAFCO 2425);
2) Thence westerly, along said centerline of Pacific Street and leaving said Corporate City
Limit Line of the City of Highland. to a point on the Corporate City Limit Line of the City
of San Bernardino as established by "Annexation No. 292" (LAFCO 1322);
3) Thence westerly along said existing Corporate City Limit Line and following through its
various courses, as established by said "Annexation No. 292" and by "Annexation No.
106", and by "Annexation No. 116", and by "Annexation - Del Rosa Avenue and 19th
Street" (LAFCO 1501), and by said "Annexation No. 317" (LAFCO 1867) in a generally
westerly, northerly, westerly, northerly, westerly, northerly, westerly, northerly, southerly,
easterly, southerly, easterly, southerly, northerly, and southerly direction to the POINT OF
BEGINNING.
Contains 61.13 acres (0.0955 square miles), more or less.
Rev. No.4 10/0112009
2
2010-302
2009-372
LAFCO No.: 3067
REORGANIZATION TO INCLUDE CITY OF SAN BERNARDINO
ANNEXATION NO. 361 (SIX ISLANDS)
AREA 5
BEGINNING at the centerline intersection of Del Rosa Avenue and Del Rosa Drive, said point
also being on the existing Corporate City Limit Line of the City of San Bernardino, said point
also being the southwesterly corner of "Annexation No. 317" (LAFCO 1867);
I) Thence easterly along said existing Corporate City Limit Line and following through its
various courses, as established by said "Annexation No. 31 T', and by "Annexation No.
177", and by "Annexation No. 215" (LAFCO 663) and by "Annexation No. 203" (LAFCO
504), and by "Annexation No. 260" (LAFCO 934)", and by said "Annexation No. 203"
(LAFCO 504), and by "Annexation No. 186", and by "Annexation No. 128", and by
"Annexation No. 316" (LAFCO 1873), and by "Annexation No. 291" (LAFCO 1329), and
by "Annexation No. 346" (LAFCO 2621), in a generally easterly, northerly, easterly,
southerly, easterly, northerly, easterly, northerly, easterly and southerly direction, to the
southwest comer of said "Annexation No. 346", said point also being the intersection of the
centerline of Sterling Avenue, ] 00 feet wide, and Pacific Street, 80 feet wide, said point
also being the Corporate City Limit Line of the City of Highland, per City Incorporation
(LAFCO 2425);
2) Thence westerly and leaving said existing Corporate City Limit Line of the City of San
Bernardino, along said centerline of Pacific Street and said Corporate City Limit Line of the
City of Highland, to the intersection of the centerline of said Pacific Street and said Del
Rosa Drive; -
3) Thence northerly and leaving said Corporate City Limit Line of the City of Highland,
along said centerline of Del Rosa Drive and its various course and distances, to the POINT
OF BEGINNING.
Contains 130.25 acres (0.2035 square miles), more or less.
AREA 6
BEGINNING at the centerline intersection of Pacific Street and Conejo Dirve, said point being
on the existing Corporate City Limit Line of the City of San Bernardino as established by
"Annexation No. 106" ;
I) Thence northerly along said existing Corporate City Limit Line, and following its various
courses, as established by said "Annexation No. 106", and by "Annexation No. 292"
(LAFCO 1322) in a generally northerly, easterly, and southerly direction to a point on the
centerline of said Pacific Street;
Rev. No.4 10/0112009
3
2010-302
2009-372
LAFCO No.: 3067
REORGANIZATION TO INCLUDE CITY OF SAN BERNARDINO
ANNEXA nON NO. 361 (SIX ISLANDS)
2) Thence, westerly, leaving said existing Corporate City Limit Line, along said centerline to
the POINT OF BEGINNING.
Contains 2.15 acres (0.0034 square miles), more or less.
The total land area of Area 1, Area 2, Area 3, Area 4, Area 5 and Area 6 contains 344.38 acres
(0.5380 square miles) , more or less.
Rev. No.4 10/01/2009
4