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HomeMy WebLinkAbout2011-041 1 RESOLUTION NO. 2011-41 2 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND 3 AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT AND THE EXECUTION OF A GRANT DEED FOR THE SALE OF CITY OF SAN 4 BERNARDINO MUNICIPAL WATER DEPARTMENT OWNED PARCEL OF REAL PROPERTY GENERALLY LOCATED NORTHEASTERLY OF MEYERS ROAD AND 5 WEST OF MARTIN RANCH ROAD IN THE CITY OF SAN BERNARDINO TO 6 MONTECITO EQUITIES, LTD. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS; 8 9 SECTION I. That the City Manager of the City of San Bernardino is hereby directed and 10 authorized to execute on behalf of the City, a Purchase and Sale Agreement with Monteeito 11 Equities, Ltd., a copy of which is attached hereto as Exhibit "I ", for the sale of certain City of 12 San Bernardino Municipal Water Department owned parcel of land, generally located 13 14 15 northeasterly of Meyers Road and west of Martin Ranch Road, in the City of San Bernardino, State of California, known as Assessor's Parcel No. 0348-101-76, and more fully described in 16 17 18 19 20 21 22 23 24 25 26 27 28 said Purchase and Sale Agreement; and SECTION 2. That the Mayor of the City of San Bernardino is hereby directed and authorized to execute on behalf of the City, a Grant Deed, a copy of which is attached hereto as Exhibit "2", for said parcel of land, and more fully described in Exhibit "A" of said Grant Deed, attached hereto and made a part hereof; SECTION 3. The authorization to execute the above-referenced Agreement is rescinded if the parties fail to execute the Agreement within ninety (90) days of the date of adoption of this Resolution. /II o l/20/20 11 2011-41 1 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT AND THE EXECUTION OF A GRANT 2 DEED FOR THE SALE OF CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT OWNED PARCEL OF REAL PROPERTY GENERALLY LOCATED NORTHEASTERLY OF MEYERS 3 ROAD AND WEST OF MARTIN RANCH ROAD IN THE CITY OF SAN BERNARDINO TO MONTECITO EQUITIES, LTD. 4 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bemardino at a joint regular meeting thereof 7 8 held on the 22nd day of February , 20~, by the following vote, to wit: 9 Council Members: 10 11 AYES NAYS ABSTAIN ABSENT MARQUEZ x 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VACANT x BRINKER SHORETT x KELLEY x JOHNSON x x MCCAMMACK ~b.~ City Clerk The foregoing resolution is hereby approved this o:!. Y'/7F day of February ,20~ ~~ PAiR K.J. NtORRIS, Mayor CIty of San Bernardino Approved as to Form: -~ ES F. PENMAN, City Attorney 02/15/11 2 /" . REQUESTED BY AND WHEN RECORDED MAIL TO: 2010-41 CITY OF SAN BERNARDINO CITY CLERK 300 N. "0" STREET SAN BERNARDINO, CA 92415 APN: 0348-101-76 SPACE ABOVE FOR RECORDER'S USE GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN BERNARDINO, a municipal corporation, hereby GRANT(S) to MONTECITO EQUITIES, LTD., a California limited partnership, the following real property located in the City of San Bernardino, County of San Bernardino, State of California, described as follows: LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A", AND IS CONVEYED SUBJECT TO THE RESTRICTION AS DESCRIBED IN THE LEGAL DESCRIPTION OF RESTRICTED PORTION ATTACHED AS EXHIBIT "B"AND DEPICTED ON EXHIBIT "B-1" CITY OF SAN BERNARDINO OATE:~ B~~ TRICK . MORRIS, ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA COUNTY OF S~ ~ru1.r iLiAO l } s.s. ~. before me, I 7.i -lr"'- . mdhw.5 , Notary On Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person( s), or the entity on behalf of which the person( 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. WITNESS my hand and official seal. SEAL: JUL. . . c:ommllllOn. \7..aM _ NoIGlY PUIIIlC . C>lIIMa .lICI I I Ian ...._.-0 COUIlIy t _ . _ _ _~~!"~~?r~'~!.I File No.: 15.05-274 - Northeasterly of Meyers Rd, w/of Martin Ranch Rd. 2011-41 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS This Pwchase and Sale Agreement and Joint Escrow Instructions ("Agreement") is dated as ofthi~'J,.,-Uay of February, 2011 ("Effective Date"), by and between Montecito Equities Ltd., a California limited partnership ("Montecito"), and City of San Bernardino, a Municipal Corporation ("City"). Hereafter, Montecito and City are sometimes referred to as "Party" and collectively as "Parties". RECITALS WHEREAS, City owns for the benefit of the City of San Bernardino Municipal Water Department approximately 5.1 acres of real property in the County of San Bernardino, State of California, as more particularly described in Exhibit "A," attached hereto and incorporated by this reference (the "Property"); WHEREAS, City of San Bernardino Municipal Water Department has deemed the Property as surplus property; WHEREAS, Montecito desires to purchase the Property from City, and City desires to sell the Property to Montecito, on the terms and conditions contained in this Agreement; and WHEREAS, the Parties desire to enter into this Agreement to memorialize the terms and conditions upon which City shall sell, and Montecito shall purchase, the Property. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the foregoing Recitals, which Recitals are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the mutual covenants contained herein, the Parties hereby agree as follows: ARTICLE I PURCHASE AND SALE 1.1 Purchase and Sale. Montecito agrees to purchase the Property from City and City agrees to sell the Property to Montecito, subject to the terms, conditions, and covenants contained in this Agreement. The Property shall be conveyed to Montecito at the Close of Escrow free of any monetary encumbrances, all of which shall be paid by City on or before the Closing. 1.2 Deed Restriction. The Property shall be conveyed to Montecito at the Closing subject to a deed restriction ("Deed Restriction") that will provide that the portion of the Property described on Exhibit "B", attached hereto and incorporated herein by reference ("Restricted Portion") may only be used for the construction, maintenance and operation of a roadway (which will include all ancillary uses, such as utility easements, slopes and setbacks). -1- Water District Purchase Agreement (0348_101_76)002 M681-012--511899.1 2011-41 ARTICLE II PURCHASE PRICE AND DEPOSITS 2.1 Escrow. After this Agreement is executed by both Parties, Montecito shall open an escrow ("Escrow") with First American Title Insurance Company, 330 West Court Street, San Bernardino, California 92401 ("Escrow Holder"), by delivering a fully executed copy of this Agreement to Escrow Holder. 2.2 Purchase Price. The Purchase Price for the Property shall be Twenty-Two Thousand and Noll 00 Dollars ($22,000.00) ("Purchase Price"), payable as follows: (a) Deposit. Within five (5) business days of the opening of Escrow, Montecito shall deposit with Escrow Holder the sum of Five Thousand and Noll 00 Dollars ($5,000.00) ("Deposit"). (b) Balance of Purchase Price. At the Closing, Montecito shall deposit into Escrow the sum of Seventeen Thousand and NollOO Dollars ($17,000.00) in cash, or other immediately available funds, which, together with the Deposit, totals the Purchase Price. 2.3 Form of Payment. All money payable under this Agreement shall be paid in cash, by wire transfer, a cashier's check or certified check of immediately available federal funds of the United States. ARTICLE III CLOSING 3.1 Closing. The purchase and sale of the Property shall be consummated through a closing ("Closing") in accordance with the following: A. Close of Escrow. The close of escrow ("Close of Escrow") shall occur thirty (30) days after Mayor and Council approval and certification of the Spring Trails Specific Plan and Environmental Impact Report (the "Closing Date"); the approval and certification of the Spring Trails Specific Plan and Environmental Impact Report shall be subject to the sole discretion of the Mayor and Council. The Close of Escrow shall occur at the office of the Escrow Holder or such other location as is acceptable to the Parties to this Agreement. B. Closing Documents. (i) Escrow the following: Citv. Prior to the Closing Date, City shall cause to be delivered to (a) A grant deed ("Deed") conveying the Property to Montecito, which Deed shall include the Deed Restriction on the Restricted Property; (b) Such documents and instruments as Escrow may reasonably require to evidence the due authorization and execution of the documents and instruments to be delivered by City under this Agreement; and -2- Waler District Purchase Agreement (0348-101-76) 002 \168]-Ol~ __ 511899.1 2011-41 (ii) Montecito. Prior to the Closing Date, Montecito shall deliver to the Escrow the following: (a) The balance of the Purchase Price payable by Montecito at the Closing pursuant to Section 2.2(b), plus Montecito's and the City's share of any costs and expenses to be paid to or through Escrow; and (b) Such documents and instruments as Escrow may reasonably require to evidence the due authorization and execution of the documents and instruments to be delivered by Montecito under this Agreement. C. Termination of Escrow. Escrow shall terminate eighteen (18) months after Escrow opens unless Escrow Closes prior to that date as described above. 3.2 Fees; Expenses; Prorations. A. Fees. Expenses. Transfer Taxes. Montecito shall pay: (a) Escrow Holder's fee; (b) the cost of any title policy that Montecito elects to purchase; (c) any documentary transfer tax payable on the sale of the Property. Montecito and City shall each pay for their own attorneys' fees. B. Real Propertv Taxes. Assessments and Rents. Any real property taxes and assessments shall be prorated and adjusted on the basis of the actual days in the calendar year. Montecito shall pay for the date of Closing. Montecito acknowledges that City is not subject to real property taxes and assessments. C. Commissions. Montecito and City each represent to each other that they have not employed or contracted with any other broker on their behalf in connection with this transaction. ARTICLE IV DEFAULT 4.1 Montecito's Default. IF MONTECITO DEFAULTS UNDER THIS AGREEMENT, CITY SHALL BE RELEASED FROM OBLIGATION TO SELL THE PROPERTY TO MONTECITO, BUT CITY, BY INITIALING THIS PARAGRAPH, SHALL HAVE RELEASED MONTECITO FROM ANY CLAIMS OR CAUSES OF ACTION ARISING OUT OF SUCH DEFAULT, AND CITY SHALL HAVE AGREED THAT CITY SHALL RETAIN THE "DEPOSIT" AS LIQUIDATED DAMAGES, AND THAT SUCH RETENTION SHALL BE CITY'S SOLE REMEDY AGAINST MONTECITO IN REGARD TO SUCH DEFAULT. THE PARTIES HERETO HAVE CONSIDERED THE AMOUNT OF DAMAGES WHICH CITY IS LIKELY TO INCUR IN THE EVENT OF A DEFAULT OR BREACH HEREUNDER BY MONTECITO, AND THE PARTIES HERETO HAVE AGREED THAT THE DEPOSIT IS A REASONABLE APPROXIMATION AND LIQUIDATION OF CITY'S POTENTIAL DAMAGES, CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING ON THE DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF THE SUM TO THE RANGE OF HARM TO CITY THAT REASONABLY COULD BE ANTICIPATED AND THE ANTICIPATION THAT PROOF OF ACTUAL DAMAGES -3- Water DiSlricl Purchase Agreemenl (0348_IOI_76}002 Mr,HI-OI2--51189".1 2011-41 WOULD BE COSTLY OR INCONVENIENT. THE RECEIPT AND RETENTION OF SUCH AMOUNT BY CITY IS INTENDED TO CONSTITUTE THE LIQUIDATED DAMAGES TO CITY PURSUANT TO THE CALIFORNIA CIVIL CODE, AND SHALL NOT BE DEEMED TO CONSTITUTE A FORFEITURE OR PENALTY WITHIN THE MEANING OF THE CALIFORNIA CIVIL CODE, OR ANY SIMILAR PROVISION. SAID AMOUNT OF LIQUIDATED DAMAGES SHALL BE IN LIEU OF ANY OTHER REMEDIES, DAMAGES OR SUMS DUE OR PAYABLE TO CITY. IN PLACING THEIR INITIALS AT THE PLACES PROVIDED, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS MADE ABOVE. '/~ ~ MONTECITO 4.2 City's Default. If the transaction contemplated hereby fails to close as the result of City's default under this Agreement, Montecito shall have no remedies available at law or in equity, other than specific performance. ARTICLE V REPRESENT A TIONS AND WARRANTIES 5.1 City's Representations and Warranties. City represents and warrants to Montecito that, as of the date this Agreement is executed and as of the Closing Date: (i) City has full right, power and authority to execute and deliver this Agreement and to perform the undertakings of City contained in this Agreement; (ii) this Agreements constitutes valid and binding obligations of City that are legally enforceable in accordance with its terms; (iii) City is not aware of any hazardous materials that have been released on the Property; (iv) City is not aware of any matters that would affect the value or desirability of the Property. ARTICLE VI INDEMNIFICATION 6.1 Indemnification and Hold Harmless. Montecito shall defend, indemnify, and hold harmless the City, its officers, employees and agents from any claims, demands, lawsuits, liabilities, judgments, or expenses, including attorney's fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not limited to, all civil claims or workers' compensation claims, arising out of, pertaining to, or related to Montecito's performance of this Agreement, including, but not limited to, any third party challenges to the City's approval of this Agreement. ARTICLE VII MISCELLANEOUS 7.1 Assignment. Neither Party shall assign its rights nor delegate its obligations under this Agreement without obtaining the prior written consent of the other Party hereto. 7.2 Attorneys' Fees. If any action, proceeding or arbitration is brought to interpret or enforce the temlS of this Agreement, the prevailing party shall be entitled to recover from the -4- Water District Purchase Agreement (OJ48-101-761 002 M68].OI2--511899.1 2011-41 other party all costs and expenses of such action, proceeding or arbitration, including but not limited to actual attorneys' fees, witness fees' and court costs. The phrase "prevailing party" as used in this Section shall include a party who receives substantially the relief desired whether by dismissal, summary judgment or otherwise. The costs, salary and expenses of the City Attorney and members of his office in connection with that action shall be considered as "attorneys' fees" for the purposes of this Agreement. 7.3 Notices. All notices and requests under this Agreement shall be in writing and shall be sent by personal delivery, by certified or registered mail, postage prepaid, return receipt requested, or nationally recognized overnight mail carrier such as Federal Express, to the following street addresses: To City: To Montecito: City of San Bernardino Attn: General Manager P.O. Box 710 San Bernardino, CA 92402 Montecito Equities, Ltd. Attn: Tom Wilkinson 100 Pacifica, Ste 345 Irvine, CA 92618 With a copy to: Gresham, Savage, Nolan & Tilden, APC Attn: J. Matthew Wilcox, Esq. 550 E. Hospitality Lane, Suite 300 San Bernardino, CA 92408-4205 All notices shall be effective upon receipt or rejection. 7.4 Cooperation. Each Party shall fully cooperate with the other in connection with the requirements imposed by this Agreement upon the other, to the end that neither Party shall act in any manner to impede the other in performing its obligations under this Agreement. 7.5 InterpretationlForumNenue. This Agreement shall be construed and enforced in accordance with the laws of the State of California as applicable to contracts entered into in California among parties doing business therein. The Parties agree that any litigation or dispute concerning this Agreement or the transaction contemplated hereby will be resolved in the Superior Court of the State of California, County of San Bernardino only. 7.6 Successors and Assigns. This Agreement shall be binding upon and inure to the benefits of the heirs, successors and assigns of the parties to this Agreement. 7.7 Severability. If any term or provision of this Agreement is determined to be invalid or unenforceable, the remaining terms and provisions shall not be affected thereby and shall remain in full force and effect to the maximum extent permitted by law. 7.8 Counterparts. This Agreement may be executed in counterparts, all of which shall constitute the same Agreement, notwithstanding that all parties to this Agreement are not signatory to the same or original counterpart. -5- Water District Purchase Agreemenl (0348-101-76)002 r-,.f(iSI"OIZ__511R991 2011-41 7.9 Closing. Survival. All covenants and agreements of the Parties hereto shall survive the 7.10 Withholding Requirements. Montecito and City agree to comply with any withholding requirements of Federal or State law. 7.11 Integration. This Agreement, together with all the agreements referenced herein, constitutes the entire agreement between the Parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the Parties. No supplement, modification, or amendment of this Agreement will be binding unless executed in writing by all the Parties. No waiver of any of the provisions of this Agreement will be considered, or will constitute, a waiver of any other provision, and no waiver will constitute a continuing waiver. No waiver will be binding unless executed in writing by the Party making the waiver. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. "MONTECITO" "CITY" MONTECITO EQUITIES, LTD., a California limited partnership CITY OF SAN BERNARDINO, a Municipal corporation BY/ d- omas Wilkinson Its: General Partner By: Charles E. McNeel Its: City Manager -<:::...-= Date: sir J}/ Date: ,~AArYItr_ -z.., tat( Approved As To Form: ~~ a es F. Penman, City Attorney -6- WalerDistrict Purchase Agreemenl (0348"IOl-76) 002 M681-011 --5]1899.1 2011-41 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY All that certain real property located in the County of San Bernardino, more particularly described as follows, and as depicted on Exhibit "A-I", attached hereto: PARCEL NO.1 THAT PORTION OF LOT 15; MEYERS AND BARCLAY SUBDIVIDION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2 OF MAPS, PAGE 32, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBECD AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 15; THENCE SOUTH 27 DEGREES 15 MINUTES WEST ALONG THE EASTERLY LINE OF SAID LOT 15, 540 FEET, THENCE WESTERLY AT RIGHT ANGLES TO SAID EASTERY LINE TO THE POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE PROPERTY CONVEYED TO SAM STERN AND SHIRLEY STERN, HUSBAND AND WIFE, BY DEED RECORDED IN BOOK 6114, PAGE 14, OFFICIAL RECORDS; THENCE NORTHERLY TO THE POINT OF INTERSECTION OF A LINE PARALLEL TO THE NORTHERLY LINE OF SAID LOT 15, DISTANT 320 FEET THEREFROM WITH A LINE PARALLEL TO THE EASTERLY LINE OF SAID LOT 15, DISTANT 515 FEET THEREFROM, THENCE EASTERLY PARALLEL TO THE NORTHERLY LINE OF SAID LOT, 175 FEET; THENCE NORTH PARALLEL TO THE EASTERLY LINE OF SAID LOT 15 TO A POINT ON THE NORTHERLY LINE OF SAID LOT 15; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT TO THE POINT OF BEGINNING. PARCEL NO.2: AN EASEMENT FOR ROADWAY, PIPELINE AND RELATED PURPOSES, IN, OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF LOT 15, MEYERS AND BARCLAY SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2 OF MAPS, PAGE 32, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: A STRIP OF LAND 50 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 15, THENCE SOUTH 27 DEGREES 15 MINUTES WEST ALONG THE EASTERLY LINE OF SAID LOT 15, 540 FEET; THENCE WESTERLY AT RIGHT ANGLES TO SAID EASTERLY LINE 280 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY PARALLEL TO SAID EASTERLY LINE OF LOT 15 TO THE INTERSECTION OF SOUTHERLY LINE OF THE PROPERTY CONVEYED TO EMANUEL NEIMAN AND AGNES NEIMAN, HUSBAND AND WIFE, BY DEED RECORDED DECEMBER 14, 1943 IN BOOK 1645, PAGE 136, OFFICIAL RECORDS OF SAID COUNTY, TO THE TERMINATION OF SAID STRIP NOTE: SIDELINES OF SAID EASEMENT SHALL BE SHORTENED OR LENGTHENED IN ORDER TO TERMINATE AT THE SOUTHERLY LINE OF SAID NEIMAN PROPERTY. EXHIBIT "A" M6~I_OI2n511899.1 2011-41 EXHIBIT "A-I" DEPICTION OF PROPERTY EXHIBIT "A" M681.012-.511899.1 2011-41 (f) o;l ~ 0 x -' ;:l. q r- CD 0 cc w !!!. ... :to ~ '"0 0 0 ~ ;:l. , ..., or '" :J . 0 0 , - 0 r- 0 sa 0 ~ <J> (f) c: 0- 0. ,,' 0;' o' :J 5:: III "C W f:s '"0 cc W N ~ oo+z m , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ~'{ "'" '.. .. . , . . "" . '~ ,,' . :1:!l ..... .,' (b-CIi ..... ~~ S3 ~ ~ ~. ~ &1 ::! () ;0 0 CD c: CD" :J (il ~ :J (f) " III CD :J Z CD P CD :; w ot5:: ... III (0 III a. w (f)"C 5' ... " <J> III Z 0 0 CDs. g.)>ocf:;! ~ ~ S' c: <n- ~ ~.: ~ ~ :!mC"'O ~ :I sa: 3 ~-~Q!.~~ ::T~6'iDg 3 -g g -< S ~ ~ 5".g-< II> ::;I 0 :J a-<o:;) 2. ",g,-=:CT ~~~Q: :;' ~r~ ~ ~ ~:3~~ :J ~l::'< ~~Q-g ~ ~ ~~ ~ l g~i~~ cO'iii~Q. ~' ~ g ~~~-:g 2;('j":Jg: ~~5"g.[ "'op.~~ 3!l:,,!ili' -?Q~g~ ~~D I I ;g ;g ;0 ;0 () 0 m m r- r N ~ r- CD CC CD ::::l Q. r- o n III ... o' :l == III "Cl 2011-41 EXHIBIT "B" LEGAL DESCRIPTION OF RESTRICTED PORTION This property is conveyed subject to the restriction that the portion of property described below, may only be used for the construction, maintenance and operation of a roadway (which will include all ancillary uses, such as utility easements, slopes and setbacks). All that certain real property located in the County of San Bernardino, more particularly described as below and as depicted on Exhibit "B-1" A PORTION OF LOT 15 OF MEYERS AND BARCLAY SUBDIVISION, AS SHOWN BY MAP ON FILE IN BOOK 2, PAGE 32 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 15, THENCE ALONG THE EASTERLY LINE OF SAID LOT 15, SOUTH 27"15'00" WEST, A DISTANCE OF 28818 FEET; THENCE SOUTH 82'09'53" WEST A DISTANCE OF 179.13 FEET; THENCE SOUTH 33'07'56" WEST, A DISTANCE OF 150.20 FEET TO A POINT ON A LINE WHICH IS PERPENDICULAR TO THE EASTERLY LINE OF SAID LOT 15, A POINT OF INTERSECTION, OF THE EASTERLY PROLONGATION OF SAID PERPENDICULAR LINE TO THE EASTERLY LINE OF SAID LOT 15 BEING SOUTH 27"15'00" WEST, A DISTANCE OF 540.00 FEET FROM THE NORTHEAST CORNER OF SAID LOT 15; THENCE NORTH 62'56'38" WEST, A DISTANCE OF 91.19 FEET; THENCE NORTH 24'23'29" EAST, A DISTANCE OF 144.48 FEET; THENCE NORTH 31'07'03" EAST A DISTANCE OF 309.63 FEET; THENCE NORTH 58'13'05" EAST A DISTANCE OF 107.55 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 15; THENCE ALONG SAID NORTHERLY LINE, SOUTH 61'19'37" EAST A DISTANCE OF 184.21 FEET; TO THE TRUE POINT OF BEGINNING. CONTAINING 2.36 ACRES, MORE OR LESS. EXHIBIT "B-1" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. M681-012--51189'Jl EXHIBIT "B" . ~ , ~ ~ ,,- ~ ~~ i ~ "c !!1z ~ ~~ N ~Q! '" ~ 9 N :<l:< ~ w ~ g~ ~m Z C m ~ en ~ c =< ~ m N 5 . 0 " ~ ~ , ~ ! . , i! " i 8 3 U> n ". , r.' " N o q " ::0 00 "," ",0 0"'", ::o8~ "';0- V1_~ --<"--< ::O::I: (=)--<a'J --<0' 0"" Z'*' > -< o ". ~ m o ... I N N I N o o M681-011--51]899.1 2011-41 EXHIBIT "B-1" DEPICTION OF RESTRICTED AREA N o o rr""". l.OOJ--.lO'lUl.Jl>.(.,oJN..... IZ I> I;:: 1m I , , zZZZZZZZZI Vl '''' ("') N N \!"ll.jl(..... 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" ., \ s:::: Vl \ \ \?=J-l \, \ 'NO \" 0 \ \ ' ;:u , / / / ,I , , I - -, ~ --- '- " '--'" EXHIBIT "B-1" .' / I I ! ! \ \ \ '1 \ , \ . I \ \ , F\ \ I' \ \ '- I I I I " I I' I , , \ \ ", I , I 1 \ \ , . ,I I \ \ \ f;,/ ,\ I . ,\ , I '(," !i!i FISlJ @ =j"" ~ "",- ~<<<l r Ii@ ~ ~ !'.:l~ ~\;;; ']'~ 'S l'~ ,,, :--;~ \' ,""'"j.;:t \ I " " \ " t"') I I ,\ I, , I , " \ " I I, \1\ .J-" N UJ (J) :t> n . ~ ~~ ~&1~ \Ol:i~ 'S~ 'r-~~ ~~ is z --< :I: m }:>CJOT);g -0)>(7).......0 () Z-lN:.:o-o --l fTH...J(/lfTl -( oo~.....,:::o lJJo.b --l 0 .A.,b.l..O;:-< '1 C:OIUJ~ J 0':>' fTl (f) o~~~~ ~ IN 0....... --JONrn~ OJ (j)o~::O-f Sti Z > ::0 '" Z o ~ ~ !'.:l~ ~;;: ']'~ ~h~ ~~ "" " " '" r '-" l / ' ( -. -,-; CO'" ^m V1 en--< -m -::0 :'r -0-< p, ~Z """, , I , ~ ~ ~ N !'.:lOb ~... ']'" 1","- :r~ \ ~hi I t'1 . ~ I N I " ~ REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF SAN BERNARDINO CITY CLERK 300 N. "D" STREET SAN BERNARDINO, CA 92415 APN: 0348-101-76 SPACE ABOVE FOR RECORDER'S USE GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN BERNARDINO, a municipal corporation, hereby GRANT(S) to MONTECITO EQUITIES, LTD., a California limited partnership, the following real property located in the City of San Bernardino, County of San Bernardino, State of California, described as follows: LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A", AND IS CONVEYED SUBJECT TO THE RESTRICTION AS DESCRIBED IN THE LEGAL DESCRIPTION OF RESTRICTED PORTION ATTACHED AS EXHIBIT "B"AND DEPICTED ON EXHIBIT "B-1" CITY OF SAN BERNARDINO DATE: By: EXHIBIT COPY PATRICKJ. MORRIS, Mayor ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA COUNTY OF } S.S. On before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person( s), or the entity on behalf of which the person( 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. WITNESS my hand and official seal. SEAL: Signature EXHIBIT "2" ['ik No, 15.05-274 Northeasterly on..leyers Rd, w/ofJ\..lartin Ranch Rd.