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HomeMy WebLinkAbout32-Development Services~,.t B o 4 1.~' E i '~ f'9 4~.., CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Dept: Development Services Date: September 26, 2008 Subject: Public Hearing, 4:00 p.m. and Resolution Authorizing the execution of a Right of Way Contract with Caltrans and the execution of a Grant Deed relative to the sale of City property located at the northwest corner of Base Line Street and °H" Street to Caltrans (APN 0145-221-09). File No.: 15.05-257 MCC Date: October 6, 2008 Synopsis of Previous Council Action: 09/02/2008 -Authorization to proceed was given to proceed with the sale of City property located at the northwest corner of Base Line Street and "H" Street, Resolution No. 2008-344 was adopted, determining fair market value and setting a public hearing relative to the proposed sale and directing the amendment of the FY 08-09 budget to increase the General Fund reserve. tl9/15/200R -The nnhlir hearinv way rnntinnerl Recommended Motion: That the Public Hearing relative to the sale of City property, located at the northwest corner of Base Line Street and "H" Street (APN 0145-221-09) to Caltrans, be closed; AND 2. Adopt Resolution. {~iG. ~- Valerie C. Ross Contact person: LASZLO "Les" FOGASSY Staff Report, Maps, Supporting data attached: Summary Letter, Reso. FUNDING REQUIREMENTS: Amount: None Phone: 5026 Ward: 2 N/A (Acct. Description) Finance: ncil Notes: 'EL/O?LJ L1~ k'3 Source: Agenda Item No. ~~ ~~~~~~ CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing, 4:00 p.m. and Resolution Authorizing the execution of a Right of Way Contract with Caltrans and the execution of a Grant Deed relative to the sale of City property located at the northwest corner of Base Line Street and "H" Street to Caltrans (APN 0145-221-09). BACKGROUND: On September 2, 2008, staff was authorized to proceed with the sale of City owned property, located at the northwest corner of Base Line Street and "H" Street, to Caltrans. In January, 2007, Development Services was notified by the State of California Department of Transportation ("Caltrans") of its intent to purchase this property for the I-215 freeway widening project. The site contains two structures consisting of a fire engine repair facility and a former fire station, used for equipment and supply storage ("Fire Department Maintenance Facility"). In September 2007, Caltrans made an offer to purchase the property including all permanent structures and improvements in the amount for $980,000. The City obtained its own appraisal, which made a determination of fair market value in the amount of $1,430,000. Since the acquisition of this site also includes relocation of the fire repair facility, the City hired California Properties Specialist, Ina ("CPSP'), a firm that specializes in dealing with relocation issues, to negotiate the sale and relocation issues on behalf of the City. Although Caltrans had previously agreed to the pay the full amount of the City's appraisal of $1,430,000, the relocation costs are separately addressed in State law and Caltrans regulations. The City will be reimbursed by Caltrans for all eligible relocation expenses that have been properly procured and documented by the Fire Department. The initial relocation expenses will be paid directly by Caltrans on a "claims" basis to thus eliminate the need for the City to advance relocation costs at this time. The California Transportation Commission adopted a Resolution of Necessity in May 2008, as the initial procedural step to acquire this property, and based upon discussions with Caltrans staff on August 27, 2008, as of that date Caltrans has neither filed nor served any complaint in eminent domain upon the City to proceed with the acquisition of this property through court proceedings. On September 2, 2008, Resolution No. 2008-344 was adopted, establishing the fair market value of $1,430,000 for the property, and setting a public hearing for September 15, 2008, as required by Government Code Section 37420, et seq. The Resolution was published in the Sun newspaper and was also posted on the property, as required by law. At the September 15, 2008, Council meeting, the public hearing on this item and further consideration was continued to the Council meeting of October 6, 2008. 2 The attached Resolution authorizes the execution of a Right of Way Contract with Caltrans and the execution of a Grand Deed. If approved, the City and Caltrans will enter into an escrow agreement. Caltrans will pay all escrow and closing costs for this transaction and thus the City's net revenue from the sale will be $1,430,000. Caltrans has also agreed to pay the City's relocation costs on a "claims" basis thus eliminating the requirement for the City at this time to advance any funds prior to the close of escrow and receipt of the purchase price proceeds by the City from Caltrans. Current Status The property purchase agreement in the form of the Right of Way Contract as submitted with this agenda item was prepared by Caltrans utilizing their standard form with the specific changes inserted to exclude relocation benefits and loss of business goodwill from the global settlement contemplated by the standard language of this form agreement. Without this exclusion language, it would be the position of Caltrans that the seller, in this instance the City of San Bernardino, has accepted the sales price for the property as full compensation for all aspects of the sale thus essentially waiving any potential claims for relocation benefits and compensation for loss of business goodwill. This form of agreement with the exclusion language was prepared by Caltrans staff in early August 2008, and delivered to the City for agenda purposes. SANBAG thereafter objected to the exclusion for the loss of business goodwill and demanded that the agreement be inclusive of loss of business goodwill Caltrans reacted to this position of SANBAG by stating during the week on August 18, 2008, that the offer contained in the prior Caltrans drafted agreement would be rescinded and that Caltrans would likely file the condemnation action and offer the original $983,000 Caltrans appraised value. Caltrans had also delivered to the City two (2) key documents that further implemented the intent of Caltrans to provide the relocation benefits and to allow claims for loss of business goodwill. These documents are the (i) Notice of Right to Claim Loss of Business Goodwill and (ii) Notice of Eligibility -Business, Farm or Nonprofit Organization (Caltrans Relocation Assistance Program). Both Caltrans documents are also attached to this Staff Report. A meeting was held on August 27, 2008, with Caltrans and SANBAG representatives in the EDA Board Room with representatives of the EDA, CPSI and the City Attorney's office. Caltrans had provided a new form of the agreement with relocation benefits as the only exclusion from the comprehensive agreement. At this meeting the Caltrans representative stated that they had agreed not to rescind the offer to purchase the Fire Maintenance Facility at the $1,430,000 figure but would proceed with the purchase at that price provided that the loss of business goodwill was addressed by being included in this $1,430,000 purchase price. EDA representatives and CPSI stated that any favorable recommendation to the Mayor and Common Counci] at the meeting to be held on September 2, 2008, would be conditioned upon CPSI and Caltrans reaching a better understanding on the categories of eligible relocation benefits. It was stressed by CPSI and EDA representatives that the total potential relocation benefits must be in the $400,000 plus figure as originally projected by CPSI for this item to be acceptable to the City. This figure was based upon other costs that would be incurred by the City to accomplish the relocation of the Fire Department Maintenance Facility and to continue 3 maintenance operations at the same standards as are presently being performed at the current location. At the time of the Council meeting on September 2, 2008, CPSI and Caltrans had not yet resolved all the line items and categories for eligible relocation items and a gap of approximately $200,000 remained between the dollar amount that CPSI was seeking and the dollar amount that was acceptable to Caltrans. On September 2, 2008, the agenda item was approved to set the public hearing for September I5, 2008, on the disposition of the Firc Department Maintenance Facility to Caltrans. Additional conference calls were held between CPSI and Caltrans representatives on Monday, September 15, 2008, prior to the Council meeting on that day. There remained a sizcablc gap between the dollar value of the Caltrans recommended relocation categories and the CPSI and City expectations. Provided that the loss of business goodwill items remain eligible for the submittal of claims by the City to Caltrans, those items that may not qualify for relocation would be then submitted in the loss of business goodwill category. For example, Caltrans has refused to consider the out-sourcing of repair and maintenance and the power washing and inspections of fire engines and ladders as a relocation expense. These items would be submitted as a loss of business goodwill claim due to the extra costs to be incurred by the City for all such out-sourcing of services that were performed at the 1208 North "H" Street location. Another item of controversy is the 500 gallon tank and clarifier that are in use at the 1208 North "H" Street location. Even though the City appraisal at $1,430,000 does not separately consider this equipment as part of the real estate, Caltrans has decided to include these items in the agreement as part of the definition of the real property to thereby attempt to not separately compensatc the City through either relocation benefits or loss of business goodwill claims for the re-installation of this system in another building. It is not reasonable to expect that the City would be able to find another building with this type of system in place and this system should not be considered to be part of the real estate except for attempts by Caltrans to limit the financial exposure of Caltra~~s to the City. In addition, Caltrans has stated to CPSI that Caltrans is unable to find a suitable replacement facility in the City. The City will be required to either replace this tank and clarifier system or to out-source this work at an additional cost to the City under either scenario. All such additional costs are the direct result of the Caltrans acquisition of the Fire Department Maintenance Facility and the refusal by Caltrans and SANBAG to compensate the Ciry for die loss of efficiency caused by this acquisition. Staff is recommending that the underground tank be deleted from the definition of the real property in the Right of Way Contract to preserve the maximum amount of flexibility for the City to recapture out-of-pocket expenditures. Caltrans has delivered a letter to the City dated September 24, 2008, whereby Caltrans has officially rescinded the $1,430,000 offer and stated that the original Caltrans determined valuation of $983,000 will be deposited in court (see the Caltrans letter as attached to this Staff Report). Additionally, the City was served with a Complaint in condemnation by Caltrans on Monday, September 29, 2008. This Complaint was filed by Caltrans with the Superior Court, County of San Bernardino, on Tuesday, September 2, 2008. 4 FINANCIAL IMPACT: Since all escrow and closing costs will be paid by Caltrans per the terms of the Right of Way Contract, the City will receive the full $1,430,000 from the property sale. Since $800,00 of this sales revenue was used to help balance the City's FY 08-09 budget, this amount has already been factored into the final FY 08-09 budget. The balance of the property sale revenue of $630,000 ($1,430,000 - $800,000 = $630,000) is included in the FY 08-09 and will be placed into the City's budget reserve to be appropriated for a replacement Fire Department Maintenance Facility when needed as authorized on Septcmbcr 2, 2008. RECOMMENDATION: That the hearing be closed and the Resolution be adopted. Attachments: 1 Vicinity Map 2 Site Map 3 Caltrans Notice of Right to Claim Loss of Business Goodwill Form 4 Caltrans Notice of Eligibility -Business, Farm or Nonprofit Organization (Caltrans Relocation Assistance Program) 5 Caltrans rescission letter dated September 24, 2008 6 Resolution with Right of Way Contract attached ATTACHMENT 1 VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION indicates un-incorporated areas ® within City's Sphere of Influence PROPOSED SALE OF CITY PROPERTY LOCATED AT THE NORTHWEST CORNER OF BASE LINE STREET AND "H" STREET (FIRE REPAIR FACILITY) TO CALTRANS Created by: Laszlo ~oda55v I Date: o~-~-rn ATTACHMENT 2 CITY PROPERTY PROPOSED TO BE SOLD (35,636 SO. FT. t) Por. LOT 8 BLK 36 R.S.B. M.B. 7/2 340 t' } e°~y.`~3~ `a 145-221-0 Q `'' ~ o° 304.01' g W N 84. 08' S8' W W N CITY OF SAN BERNARDINO DEVELOPMENT SERVICES ZEAL PROPERTY SECTION CREATED BY: L. ~ogassy DATE: 8~13~08 BASE LINE 50' 130' H W W I in N - a STREET N I < 30' I30' 2 PROPOSED SALE OF CITY PROPERTY LOCATED ON THE NORTHWEST CORNER OF BASE LINE STREET AND "H"STREET (APN 0145-221-09, FIRE REPAIR FACILITY) TO CALTRANS. CHECKED BY: ~. 5an4oval DATE: 8~~3~08 FILE N0.: 15.05-257 SHEET 1 OF 1 ATTACH~IG'~T 3 STATE OF CALffORNIA .DEPARTMENT OF TRANSPORTATION NOTIFICATION OF RIGHT TO CLAIM LOSS OF BUSINESS GOODWILL RW 7-30 (Rev. B/95) Page 1 of 10 Co Rte ICP Parcel No Exp Auth The State of California Department of Transportation (Caltrans) plans to acquire some the property situated at for the purpose of We understand that you own a business being operated on this property. The State's proposed project may result in the displacement of your business, or affect its continuing operation at this location. The purpose of this letter is to inform you of your rights with regazd to compensation for loss of goodwill. Califomia law provides that under the circumstances detailed below, a business owner may be compensated for a loss of goodwill. Section 1263.510 of the Califomia Civil Code of Procedures states: (a) The owner of a business conducted on the property taken, or on the remainder if such property is part of a larger parcel, shall be compensated for loss of goodwill if the owner proves all of the following: I. The loss is caused by the taking of the property or the injury to the remainder. 2. The loss cannot reasonably be prevented by a relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill. 3. Compensation for the loss will not be included in payments under Section 7262 of the Government Code.• Section 7262 of the Government Code refers to compensation to displaced persons for moving and related expenses as a part of the cost of the acquisition of real property for a public use. Compensation for the loss of goodwill under Section 1263.510 of the Califomia Civil Code of Procedure will only be made to the extent such loss is not compensated for under Section 7262. For more information regarding a business owner's eligible payments under the Relocation Assistance Program, please call at 4. Compensation for the loss will not be duplicated in the compensation otherwise awazded to the owner. C:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION OF RIGHT 2 Goodwill claim.aocC:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION OF RIGHT 2 Goodwill ciaim.aocC:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NoTrercATroN oe arcRT z cooawiu claim.aocC: \Raymond R. Barrera\Inland Valley Development Agency\CALTRANS rrozrercaTroN oe RrcxT z cooawiu Claim. doc ATTACH.'VIE~T 3 NOTIFICATION OF RIGHT TO CLAIM LOSS OF BUSINESS GOODWILL (Cont.) RW 7-30 (Rev- SNS) Page 2 of 10 (b) Within the meaning of this article, "goodwill" consists of the benefits that accrue to a business az a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage. If you feel that State's acquisition of the real property will result in a loss to you of business goodwill, and you wish to file a claim for loss of goodwill at this time, please complete, sign and return the attached Claim for Loss of Business Goodwill and Loss of Business Goodwill Questionnaire WITHIN 5 YEARS AFTER COMPLETION OF STATE PROJECT . [n addition, please submit the information requested below. This information will assist us in completing an appraisal concerning your claim for a loss of goodwill. However, if you wish to wait until a later date to make a claim for loss of goodwill, please send us the claim, questionnaire and the other requested information at that time. I. State of California Income Tax Returns The law places the burden upon the business owner to provide tax returns pertaining to the business to support the claim for loss of goodwill. Please supply We copies of your tax returns for the last five years or your period of ownership if less than five years. In addition, for verification purposes, please complete the enclosed copy of Franchise Tax Board Form 3516, Request for Copy of Tax Return, which authorizes the Board to provide certified copies of the returns directly to this Departtnent. Fill in the required information, sign the form and return the signed original to this Departrnent. 2. Business Financial Statements Please provide trne copies of your Balance Sheets, Profit and Loss Statements and/or Cash Flow Statements for [he current year to date and each of the prior five tax years or your period of ownership, if less. 3. Taneible Assets Include a list of the furniture, fixtures, machinery and equipment belonging to your business. Please use the itemization sheet attached to the questionnaire. 4. Intangible Assets Include a list of such assets az patents, liquor licenses, etc. Please use the itemization sheet attached [o the questionnaire. 5. Business Purchase Documentation If you have purchased the business within the last five years, please provide true copies of documentation (escrow instructions, purchase agreement, bill of sale, etc.) which provides details of the transaction including fmancing the assets purchased, agreements not to complete, and how the total purchase price was allocated to inventory, fixtures, equipment, licenses, goodwill, etc. C:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION OF RIGHT 2 Goodwill claim.aocC:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION OF RIGHT 2 Goodwill claim.docC:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION oe alcxT z oooawiu claim.docC: \Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION OF RIGHT 2 Goodwill Claim. doc AT'I'.a CH'~1L'~`'I'~3 NOTIFICATION OF RIGHT TO CLAIM LOSS OF BUSINESS GOODWILL (Cont.) RW 7-30 (Rev. 8/95) Page 3 of 10 A loss of goodwill analysis and valuation normally includes a personal interview with the business owner. The interview is usually held at the business location to afford the goodwill appraiser the opportunity to become familiar with your current business setting. An interview will be scheduled after we receive the requested information. Your tax returns and all business records will be for confidential use by this Department solely for [he purpose of determining the amount of compensation, if any, to which you may be entitled for loss of business goodwill. If any questions arise, please call me at . Respectfully, Right of Way Agent C:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION OF RIGHT 2 Goodwill claim.aocC:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION OF RIGHT 2 Goodwill claim.aocC:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS Noxtetcaxxon oe arcxx z cooawill claim.aocC: \Raymond R. Barrera\Inland Valley Development Agency\CALTRANS Noxxetcnxtoly of xrcex z cooawiu Claim. doc ATT.aCHMCNT 3 NOTIFICATION OF RIGHT TO CLAIM LOSS OF BUSINESS GOODWILL (Cont.) RW 730 (Rev. 8/95) Page 4 of 10 Co Rte KP Parcel No Exp Auth CLAIM FOR LOSS OF BUSINESS GOODWILL Business Name: Business Address: This form and the attached completed, signed questionnave with tax returns and other supporting documentation constitute formal notification to the State of California Departrnent of Transportation (Caltransl. that the owner(s) of the above business entity contend(s) that the business will suffer a compensable loss of business goodwill due to its displacement or disruption by the proposed project. 1. Our estimate of total goodwill is 2. Our estimate of the compensable loss of goodwill is 3. The loss of goodwill after taking measures to minimize the loss is caused by: 4. The following measures will minimize the loss of goodwill: The undersigned owner or duly authorized officer has executed this notification on behalf of this business operation. Name: Title: Date C:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION OF RIGHT 2 Goodwill ciaim.docC:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION OF RIGHT 2 Goodwill ciaim.aocC:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NoTretcz,Trou of AicxT z cooawui claim.docC: \Raymond R. Barrera\Inland Valley Development Agency\CALTRANS morrercartoN OF RIGHT 2 cooawill Claim. doc ATTACHI~IE'~T 3 NOTIFICATION OF RIGHT TO CLAIM LOSS OF BUSINESS GOODWILL (Cont.) RW 730 (Rev. 8/95) Page 5 of 10 Co Rte KP LOSS OF BUSINESS GOODWILL QUESTIONNAIRE Business Owner: Business Name: Business Address: Type of Ownership: Business Identification Number: Pazcel No Exp Auth 1. What type of business do you operate? What type of products aze sold manufactured? What type of services aze provided or sold? 2. When was the business started? 3. When did you obtain ownership of the business? 4. How long has the business been at the above address? 5. What type of clientele does the business have? Do you have key customers or clients? 6. From what geographic areas does the business draw its patronage? What percentage of the business volume is drawn from each of [hose aeeas? (If more room is needed for any answers, please insert additional sheets and continue by number.) C:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION OF RIGHT 2 Goodwill claim.dooC:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION OF RIGHT 2 Goodwill claim.aocC:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION oe aTCxT z cooaw~u c1alm.aocC: \Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION oe alcxT z cooaw~u cia~m.aoc ATT.~CH~9EVT 3 NOTIFICATION OF RIGHT TO CLAIM LOSS OF BUSINESS GOODWILL (Cont.) RW 7-30 (Rev. 8/95) Page 6 of 10 7. Does the business operate at any other locations? If so, where and what percentage of total business volume is generated from each of the other locations? 8. Is the business part of a chain? Is it a franchise? [f so, provide details including fees, marketing agreements, etc. 9. Who are the business' major competitors? Where aze they located? 10. How many days a week is the business open? What aze its hours of operation? 11. How many persons are employed by the business? Position Owner Manager Others (list byjob title) Davs/Week Worked Provide the following: Hours/Week Worked ~~ 12. What were the main factors you considered in operating your business at the present location? What aze the location's advantages? Disadvantages? l3. What improvements did you make to the present location in order to open for business? C:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION OF RIGHT 2 Goodwill claim.aocC:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION OF RIGHT 2 Goodwill ciaim.aocC:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION oe RICRT z cooawill ciaim.ao~C: \Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NoTIeICATtoN oe aTCnT 2 cooawill claim. aoc ATTACHMENT 3 NOTIFICATION OF RIGHT TO CLAIM LOSS OF BUSINESS GOODWILL (Cont.) RW 7-30 (Rev. 8/95) 14. If you aze a tenant, to what improvements do you claim ownership? Page 7 of 10 15. Were there any special requirements to open for business, e.g., rezoning, permits, special use permits, health and safety permits, environmental reports, etc.? Please provide details. 16. How much of the entire property does your business occupy (what area)? Land Improvements square feet square feet 17. If you aze a tenant, of the area you lease, how much, if any, is not used in your current business operation? Land Improvements square feet square feet 18. What future plans (expansion, etc.) do you have for the business? Please give specifics. 19. Did you have any prior plans to relocate the business? If so, where and when? 20. What would be your site and building requirements at a new location? A. Type of building (freestanding strip center, storefront, etc.): B. Building size: C. Site size: D. Site distance from existing location: E. Parking requirements: F. Utility requirements: G. Loading docks? Truck? Rail? C:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION OF RIGHT 2 Goodwill cia~m.aooC:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION OF RIGHT 2 Goodwill claim.aocC:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NoxrercaTron oe arcer z Goodwill claim.aocC: \Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NorrercATroN oe xrcRZ z Goodwill claim.aoc AT1'ACHMI:~T 3 NOTIFICATION OF RIGHT TO CLAIM LOSS OF BUSINESS GOODWILL (Cont.) RW 7-30 (Rev. 8/95) Page 8 of 10 H. Other special plant, service, or locational needs: L Monthly rental (range): 21. Describe what problems, if any, you foresee in re-establishing the business. 22. Because ,have you looked for or found a replacement location? Have you made any relocation plans? If so, provide details. 23. What, in your opinion, is the mazket value that a knowledgeable buyer would pay for your present business? Allocate as follows: Value ofthe tangible assets: $ Value of the intangible assets: $ Value of the goodwill: $ Total Value: $ 24. What is your estimate of the loss of goodwill which may result from relocation or disruption of your business? 25. What do you believe would cause this loss of goodwill? Do you believe the loss would be temporary or permanent? 26. What reasonable steps can you take to avoid or reduce this loss of goodwill? 27. How would you perform these steps? 28. What do you think the cost of these steps would be? If you have already relocated or will remain at the existing location but have suffered a disruption in your business at the time you submit your claim, please answer the following questions? 1. The address of the new location (if applicable). 2. Date business closed at the old location and the opening date at the new location. 3. Price paid for new location or copy of lease/rental agreement. C:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION OF RIGHT 2 Goodwill claim.aocC:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION OF RIGHT 2 Goodwill claim.aocC:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS xozrercazroN oe Rzcxz 2 Goodwill claim.docC: \Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NozieicAZion oe arcxz 2 Goodwill claim.aoc ATTACHn1ENT 3 NOTIFICATION OF RIGHT TO CLAIM LOSS OF BUSINESS GOODWILL (Cont.) RW 730 (Rev. S/95) 4. Improvements made and their individual cost in order to reopen (or continue) business. 5. In its relocated or disrupted state, what area of the entire property does your business occupy? Land Improvements 6. Hours of operation at the new location. square feet square feet 7. How many persons are employed in your relocated or disrupted business? Please provide the following: Position Davs/Week Worked Hours/Week Worked Owner Manager Others (list by job title) 8. Mazket area served at new or disrupted location. 9. Customers lost, if any, at new or disrupted location. 10. Number of new customers at new or disrupted location. Signature of person prepazing the answers to this questionnaire and nature of interest in the business. Name: Interest: Date: Page 9 of 10 C:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION OF RIGHT 2 Goodwill cia~m.aocC:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NOTIFICATION OF RIGHT 2 Goodwill c~aim.docC:\Raymond R. Barrera\Inland Valley Development Agency\CALTRANS NoTrercaTron oe RrcxT z cooawtu cia~m.aocC: \Raymond R. Barrera\Inland Valley Development Agency\CALTRANS rroTiercz,zroN oe arcxr z Goodwill claim. tloc ATTACIi:VI~'.YT 3 a 0 m a ,-. ~ .+ --i O a U U ,.a oa H~ xA ~O ~O C7 w~ OW O~ Fd' ~ Uw> w0~ .. r~ o 00~ z.aa z Cr7 5 a w i~ w z~ 0.' f, W 0 a 0 z .~. N ~. c U I ~o z°a ~~ zw a~ m m 0 Q F_ ^ ^ z~ 0 F O U w Q O z ~~ d q Q wz .a w ° oz 0 a 0 ~O Hz .~ ,~ 3 Q U O ~ ~-i O c~ .~, 3 c~ ~ 'O O F .'"~ N o x C7 C~ a a Fi O o N as L09 UO E ~ N N O ~ z0 a a H ~" w ~ H O O O U o .°z. O C.-i v ~ H H ~ ~ ~' ~ O O U 2 z z i--i ~-+2rZ~2 O~fx~ zFHF ~ ~ ~ ~ zUUU ~~~ ~~~ F U U U a ~ c C ~ o 0 0 ~~~~ U +~ +~ +~ C C C C N N N N ~ ~ ~ ~ ~ O O O i~ .1 rl r I N D ~ ~ ~ N N N a^^^ 0 ~ ~~~ a~~~~ ~~~~ ~~.~~ ^ ro ro ro ~~~~ v~~~ ~ G a c ~ ro ro ro ro ~ ~ ~ ~ C C C H H H 'Oiii a ro ro ro ro~us~ ~a~~a~ H s ~ ~ i ro ro ra rommm u u rx rz rx ro ~ 'o zs w ~ C ~ 0 0 0 a ~, ~, ~, ~oaaa a ~ ~ o •• ~U U U ~~~ a b a e e e .,, -~ .~ .. m m ro U U U U ATTACH~'IGNT 4 S]'4TE OF CALIFO MA ©USINESS TRANSP02TAIION A~HOUSING AGENCY AIiIt~LD JCFf~Vgit7ENIiGCLR Go.enior DEPARTMENT OF TRANSPORTATION OFFICE OF RIGHT OF WAY AND LAND SURVEYS DISTRICT 8 R/W FIELD OFFICE 464 WEST FOURTH STREET, 6TH FLOOR, MS-M SAN F3ERNARDINO, CA 92401-1400 PHONE (909) 383-4271 FAX (909) 383-6877 TPY 711 September 24, 2008 Fred Wilson, City Manager C/o City of San Bernardino 300 "D" Street, Sixth Floor San Bemazdino, California 92418 Deaz: Mr. Wilson Flex your pmveii Be energy efficient! EA 0071V9(007169) 08-SBD-215 KP 13.04 Pazcel No. 17925-1,2 This letter serves to formally notify you that the Department of Transportation hereby withdraws its settlement amount to the City of San Bemardino in the amount of $1,430,000.00 in which you planned to go before the San Bemardino City Council meeting on September 15, 2008. The Departments appraised value of $983,000.00 is still viable and will be deposited into the State Treasury. If you have any questions regarding the above, you can reach Keith Williams by telephone at (909) 383-4271. cerely, L PATRICIA SMITH Right of Way Project Delivery Manager c: Les Fogassy, CPSI Keith Williams, Terry Haines, SANBAG Deena Lester "Caftrans improves mobility across California" ~~~~~~ ATTACIIMF.NT 5 STATE OF CALIFORNIA ~ :_ ...~ EXHIBIT 10-EX-43 (NEW 12/2005) Page 1 of 4 NOTICE OF ELIGIBILi i Y -BUSINESS, FARM OR NONPROFIT ORGANIZATION (Form q) Date: January 17, 2008 City of San Bemardino-Maintenance Facility Attn: Laszlo Fogassy 1208 "H" Street San Bernardino, CA 92405 Uear Laszlo Fogassy: File Reference:17925-00 On August 29, 200"7, the Department of Transportation made an offer to purchase all or a portion of the property which you occupy. As the eligible occupant of the property, you are entitled to certain benefits under the Department's Relocation Assistance Program. These benefits are outlined below. It is important that you undttstand the conditions described below which must be met before any payments can be made. Please contact me before you incur any expense. As the occupant of the property, you arc entitled to options 1, 2, and 3 below or you may choose option 4: 1. RELOCATION ADVISORY ASSISTANCE: The Department will help you find a new place to conduct your business, farm, or nonprofit organization. Information on and maps of available properties, typical real estate purchase and rental costs, and the services offered by other agencies in [he area ate also available. If you want assistance, contact your relocation agent. 2. MOVING AND RELATED EXPENSES: Businesses, farms, and nonprofit organizations maybe paid on the basis of aqua] reasonable moving and related costs and reestablishment expenses as the Department determines to be reasonable and necessary or, under certain circumstances, n fixed payment. The moving expenses listed below maybe considered by the Department: a. Transportation of personal property limited to 50 miles or less. Distances beyond 50 miles are not eligible, unless the Department determines that relocation beyond 50 miles is justified b. Packing, crating, unpacking, and unaating of the personal property. c. Disconnecting, dismantling, removing, reassembling, and reinstalling relocated machinery, equipment, and other personal property, and certain subsfi[ute personal property. This includes connection to utilities available nearby. It also includes modifications to personal property necessary [o adapt it to the replacement site, or t}Ie utilities at the replacement site, and modifications necessary to adapt the utilities at the replacement site to the personal property. d. Storage of [he personal property not to exceed 12 months, unless the Department determines that it is not necessary, or that a longer period is necessary. These expenses must be preapproved. e. ]nsurance for the replacement value of [he personal property in connection with the move and necessary storage. f Any license, permit, or certification required of your operation at [he replacement location. However, the payment shall be based on the remaining useful life of your existing license, permit, or certification. g. The replacement value of property lost, stolen, or damaged in the process of moving (not through the fault or negligence of your own, your agent, or your employee) where insurance covering such loss, theft, or damage is no[ reasonably available. h. professional services necessary for (i) planning the move of the personal property, (ii) moving the personal property, and (iii) installing the relocated personal property at the replacement location, subject to the Department's determination that these services are necessary. These expenses must be preapproved. i. Rcleitering signs and replacing stationary on hand at the time of displacement that is made obsolete as a result of [he move. ATTACHMENT 5 EXHIBIT NOTICE OF ELIGIBILITY -BUSINESS, FARM OR to-Ex-a3 (xEw 1212005) NONPROFIT ORGANIZATION (Cont.) Page 2 of 4 (corm #) j. Actual direct loss of tangible personal property incurred as a result of moving or discontinuing your operation. The payment shell consist of the lesser of: (i) The fair market value of the item for continued use at the displacement site, less the proceeds from its sale. (To be eligible for payment, you must make a good faith effort to sell the personal property, unless the Department detemtines that such effort is not necessary. When payment for property loss is claimed for goods held for sale, the fair market value shall be based on the cost of the goods to the business, nut the potential selling price.); or (ii) The estimated cost of moving the item, but with no allowance for storage nor reassembly of discontinued items. (If your operation is discontinued, the estimated cost shall be based on a moving distance of 50 miles.) k. The reasonable cost incurred in attempting to sell an item that is not [o be relocated. 1. Purchase of substitute personal property. If an item of personal property which is used as part of your operation is not moved but is promptly replaced with a substitute item that performs a comparable function at the replacement site, you will be entitled to payment for [he lesser of: (i) The cost of the substitute item, including installation costs at the replacement site, minus any proceeds from the sale or trade-in of the replaced item; or (ii) The estimated cost of moving and reinstalling the replaced item, based on the lowest acceptable bid or estimate obtained by the Department, but with no allowance for storage. m. Searching for a replacement location. You are entitled to reimbursement for actual expenses, not to exceed $2,500, as the Department determines to be reasonable, which are incurred in searching for a replacement location including: (i) Transportation. (ii) Meals and lodging away from home. (iii) lime spent seazching, based on reasonable salary or earnings. (iv) Pees paid to a real estate agrnl or broker to locate a replacement site, exclusive of any fees or commissions related [o the purchase of such site. n. Other moving related expenses as the Department determines to be reasonable and necessary. o. Provision of utilities from right of way to improvements on the replacement site. p. Professional services in connection with the purchase or lease of a replacement site. q, Impact fees or one-time assessments for anticipated henry utility usage. r. High Bulk/Low Value payment will allow a payment far personalty that is worth less than the cost to move it to the replacement property as determined by the Department. The moving payment shall not exceed the amount, which you would receive if [he property were sold at the site. CAUTION: in order to quality for reimbursement of the above-described expenses, you MUST: A. Provide the Department with a certified list or inventory of the items to be moved at least 30 days in advance of the start of your move; B. Notify [he Department at least 15 days in advance of the date of the start of your move or disposition of your property; C. Permit the Department to monitor the move; and D. Permit the Department to make reasonable and timely inspections of the personal property at both the displacement and replacement sites. Failure to comply with any of the above four (4) requirements may result in your losing part or all of your benefits. You should also be aware that you are not entitled to payment, under the relocation regulations, for: The cost of moving any structure or other real property improvement in which you reserved ownership; Interest on a loan to cover moving expenses; or • Loss of goodwill; • Loss of profits; ATTACH!VIGN"t 5 EXHIBIT NOTICE OF ELIGIBILITY -BUSINESS, FARM OR to-Ex-a3 (NEw 1zi2oo5) NONPROFIT ORGANIZATION (Cont.) Page 3 of 4 (Form fi) • Loss of trained employees; • Personal injury; or • Costs for storage of personal property on real property owned or leased by the displaced person. You may move either by commercial mover or take full responsibiliTy for all or pan of the move. If you elect a "self-move;' the Department must first obtain at leas[ two (2) acceptable bids or estimates. -AND- 3. REESTABLISHMENT EXPENSES: In addition to payments available above, a small business, farm, or nonprofit organization may 6e eligible to receive a payment, not to exceed $10,000, for expenses actually incurred in relocating and reestablishing at a replacement site. Reestablishment expenses must be reasonable and necessary as determined by the Department. They include, but are not limited to, the following: a. Repairs or improvements to the replacement real property as required by Federal, State or local law, code or ordinance. b. Modifications to replacement property to accommodate the business operation or make replacement structures suitable for conducting the business. c. Constmction and installation costs for exterior signing to advertise the business. d. Redecoration or replacement of soiled or wom surfaces at the replacement site, such as paint, paneling, or carpeting. c. Licenses, fees and permits when not paid as part of moving expenses. C Feasibility surveys, soil testing and marketing studies. g. Advertisement of replacement location. h. Estimated increased costs of operation during the first two years at the replacement site for such items as: I) Lease or rental charges, 2) Personal or real property taxes, 3) Insurance premiums, 4) Utility charges, excluding impact fees. You should be aware that you arc not entitled to payment under reestablishment regulations for any of the following a. Purchase of capital assets, such as office furniture, filing cabinets, machinery, or trade fixtures. b. Purchase of manufacturing material, production supplies, product inventory, or other items used in the normal course of business operation. c. hrterior or exterior refurbishments at the replacement site, which ere purely aesthetic in purpose except as, paid in "d" above. d. Interest on money borrowed to make the move or purchase the replacement property. e. Payment [o a part-time business or in the home, which does not contribute materially [o the household income. -oR- 4. FIXED PAYMENT IN LIEU OF PAYMENT FOR ACTUAL MOVING AND RELA'T'ED EXPENSES AND REESTABLISHMENT EXPENSES: In lieu of a payment for actual moving and related expenses and reestablishment expenses, you may elect to receive an amount equal [o your business' recent average annual net earnings in an amount not less than $1,000 nor more than $20,000. A displaced business is eligible for the payment if [he Department determines that: 1) The business owns or rents personal property, which must be moved in connection with such displacement and for which an expense would be incurred in such move; and the business vacates or relocates from its displacement site. 2) The business cannot be relocated without a substantial loss of its existing patronage (cliente]e or net earnings). A business is assumed to meet this test unless the Departnent determines that it will not suffer a substantiai loss of its existing patronage. 3) The business is not part of a commercial enterprise having more than three other entities which are not being acquired by the Department, and which are under the same ownership and engaged in the same or similar business activities. ATTACH~~IENT 5 EXHIBIT NOTICE OF ELIGIBILITY -BUSINESS, FARM OR to-Ex-43 (NEw ]2/2005) NONPROFIT ORGANIZATION (Cont.) Page 4 of 4 (Form p) 4) The business is not operated at a displacement dwelling solely for the purpose of renting such dwelling to others. 5) The business is not operated at the displacement site solely for the purpose of renting the site to others. 6) The business contributed materially to the income of the displaced person during the two taxable years prior to displacement. Eligibility requirements for farms and nonprofit organizations are slightly different than business requirements. If you are being displaced from a farm or represent a nonprofit organization, and you are interested in a fixed payment, please consult your relocation agent for additional information. If you lease or rent from the Department, failure to pay necessary rental payments to the Department may reduce the relocation payment that you will receive. Moving and related payments are not considered as income for the purposes of personal income tax laws. Furthermore, these payments are not considered income or resources to recipients of public assistance. Relocation payments are normally made within 60 days of the date that your completed claim is received by the Department. You will be given at least 90 days' written notice before you will be required to move from the property. It is important that you understand the matters explained above which relate to your eligibility. If at any time you want assistance, please contact your relocation agent by writing, telephoning, or visiting him/her at the address listed below. Displacces not lawfully present itr the United States are ineligible for relocation payments and assistance. Certification of legal U.S. residency status must be on file with the Department for all household members in order to receive benefits. Sincerely, °~~'"~''~~~~Q'~'~' Neidy Pinuelas, Rrg t of~ Agent 464 Wes[ Fourth Street, 6'" Floor San Bernardino, CA 92410 Relocation .Agent Address (909) 383-6206 Telephone ACKNOWLEDGEMENT I was personally contacted by the above agent far the Department of Transportation. I have had the services and entitlements available explained to me. I was further advised that the Department of Transportation Relocation Assistance Progam is available to assist me if any questions arise or as assistance is needed. I have been given a copy of this form letter. Date Displacee's signature ADA Notice For individuals with disabilities, This document is available in alternate formats. For information call (916) 654-5413 Voice, CRS: I-800-735-2929, or write Right of Way, t ]20 N Street, MS-37, Sacramento, CA 95814. 1 2 3 4 5 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE EXECUTION OF A RIGHT OF WAY CONTRACT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, AND THE EXECUTION OF A GRANT DEED FOR THE SALE OF CITY OWNED REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF BASE LINE STREET AND "H" STREET IN THE CITY OF SAN BERNARDINO. WHEREAS, the City of San Bemazdino (the "City") has been approached by the State of California, Department of Transportation ("Caltrans"), regarding the acquisition of the Fire Department Maintenance Facility located at 1208 North "H" Street in the City; and 10 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, Caltrans together with the San Bernardino Area Governments ("SANBAG") are in the process of widening and improving the I-215 Freeway within the City, and Caltrans has determined that the Fire Department Maintenance Facility and the underlying land aze necessary for such widening and improvements to the I-215 Freeway; and WHEREAS, based upon a Caltrans appraisal which has not been provided to the City, Caltrans initially determined that the Fire Department Maintenance Facility was valued at $983,000 and Caltrans has provided written documentation to the City to such effect; and WHEREAS, the City has objected to the Caltrans initial appraised value and retained an independent appraiser who has valued the land and buildings comprising the Fire Department Maintenance Facility at $1,430,000 pursuant to an appraisal dated November 8, 2007, and Caltrans has accepted such valuation figure and has included such $1,430,000 figure in all prior correspondence and purchase agreements prepazed by Caltrans since said date except as herein set forth; and WHEREAS, Caltrans had been assisting City representatives and consultants to determine a suitable relocation site for the Fire Department Maintenance Facility, however, Caltrans has been unable to satisfy the statutory requirements to assist in the relocation of the 1 lD -6-d~ ~3a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 21~ OLUTION OF THE CITY OF SAN BERNARDINO DHtECTWG AND AUTHORIZING THE ;CUTION OF A RIGHT OF WAY CONTRACT WITH THE STATE OF CALIFORNIA, 'ARTMENT OF TRANSPORTATION, AND THE EXECUTION OF A GRANT DEED FOR THE SALE CITY OWNED REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF BASE LINE .EET AND "H" STREET IN THE CITY OF SAN BERNARDINO. Department Maintenance Facility which is a essential function facility required for the public health, safety and welfare through periodic routine maintenance of all fire other emergency vehicles, fire fighting equipment and ancillazy fire appazatus; and WHEREAS, Caltrans has prepared and submitted to the City a form of property purchase agreement in the form of a Right of Way Contract (the "Purchase Contract") containing the express provisions whereby the City would be receiving $1,430,000 as compensation for the land and buildings comprising the Fire Department Maintenance Facility while preserving all possible claims for relocation assistance and claims for loss of business goodwill as may be available to the City in accordance with the laws of the State of California; and WHEREAS, in addition to such form of Purchase Contract as prepared by Caltrans based upon the good faith negotiations of the City and its representatives and officials, Caltrans also submitted to the City the following documents which aze consistent with the prior negotiations and the content of the Purchase Agreement: (i) Notification of Right to Claim Loss of Business Goodwill, and (ii) Notification of Submittal for Relocation Benefits in an effort to induce the City to execute the Purchase Contract and to cooperate fully with Caltrans notwithstanding the fact that Caltrans has fiiled to locate a suitable permanent relocation site for the Fire Department Maintenance Facility; and WHEREAS, Caltrans and SANBAG in further negotiation efforts in August 2008, attempted to rescind the offer in the form of the Purchase Contract as referenced in the preceding recital and demanded that the City waive all potential claims for loss of business goodwill that 27 28 2 1! 2'~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 211 lOLUTION OF THE CITY OF SAN BERNARDINO DDZECTING AND AUTHORIZING THE 'sCUTION OF A RIGHT OF WAY CONTRACT WITH THE STATE OF CALIFORNIA, 'ARTMENT OF TRANSPORTATION, AND THE EXECUTION OF A GRANT DEED FOR THE SALE CITY OWNED REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF BASE LINE ;EET AND "H" STREET [N THE CITY OF SAN BERNARDINO. be experienced by the City in accommodating the Caltrans and SANBAG desire to widen improve the I-215 Freeway; and WHEREAS, Caltrans and SANBAG have failed to demonstrate to the City any urgency acquiring the Fire Department Maintenance Facility and the necessity to acquire the fee title of the Fire Department Maintenance Facility when additional properties have not been by Caltrans and work on the widening of the I-215 Freeway in the vicinity of the Fire Department Maintenance Facility has not been scheduled to commence and Caltrans and SANBAG have been unable to provide any date certain to the City as to when such efforts will commence; and WHEREAS, Caltrans has submitted written correspondence to the City dated September 24 2008, officially rescinding all prior offers that were the results of good faith negotiations on the part of the City and its representatives and officials, and the City is now forced to preserve its rights and remedies with respect to the potential eminent domain action as may be filed by Caltrans against the City to acquire the Fire Department Maintenance Facility notwithstanding the fact that Caltrans is unable to obtain a suitable relocation site for the essential function Fire Department Maintenance Facility, and the loss thereof will severely and negatively impact the ability of the City to provide continued fue fighting, rescue and emergency responses to residents of the City and the general public which is a greater public necessity than the convenience of a freeway widening project; and WHEREAS, the actions and tactics of both Caltrans and SANBAG as recited herein constitute grounds pursuant to which the City may seek pre-condemnation damages, attorney fees 3 SOLUTION OF THE CITY OF SAN BERNARDINO DH2ECTWG AND AUTHORIZING THE XECUTION OF A RIGHT OF WAY CONTRACT WITH THE STATE OF CALIFORNIA, 1 EPARTMENT OF TRANSPORTATION, AND THE EXECUTION OF A GRANT DEED FOR THE SALE F CITY OWNED REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF BASE LINE 2 TREET AND "H" STREET 1N THE CITY OF SAN BERNARDINO. 3 and other costs and damages from both Caltrans and SANBAG in any eminent domain action as 4 5 may be filed by Caltrans based upon their concerted effort and bad faith negotiating activities in the acquisition of the Fire Department Maintenance Facility; and 6 '] WHEREAS, the City desires in a final effort, notwithstanding the bad faith actions of 8 Caltrans and SANBAG in the misuse of the eminent domain process under California law, to 9 approve the Form of the Purchase Contract that is acceptable to the City and to establish a public 10 record setting forth the questionable actions and tactics employed by Caltrans in their property 11 12 and right-of--way acquisition efforts relative to the Fire Department Maintenance Facility and the 13 relocation of the functions thereof. 14 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 15 OF SAN BERNARDINO AS FOLLOWS: 16 SECTION 1. The Mayor and Common Council hereby find and determine that the facts 17 18 set forth in the above recitals are true and correct in all respects. 19 That the City Manager of the City of San Bernardino is hereby directed and authorized to 20 execute on behalf of the City, the form of the Right of Way Contract (the "Purchase Contract") 21 with the State of California Department of Transportation, a copy of which is attached hereto as ~ Exhibit "1" and made a part hereof, for the sale of certain City owned property located on the 23 northwest comer of Base Line Street and "H" Street, in the Ciry of San Bernardino, being a 24 ,~ pazcel of land referenced as Assessor's Parcel Number 0145-221-09, and is more fully described 26 in a Grant Deed, attached hereto as Exhibit " 2" and made a part hereof. 27 28 a lOLUT[ON OF THE CITY OF SAN BERNARDWO DIRECTING AND AUTHORIZING THE iCUTION OF A RIGHT OF WAY CONTRACT WITH THE STATE OF CALIFORNIA, 'ARTMENT OF TRANSPORTATION, AND THE EXECUTION OF A GRANT DEED FOR THE SALE CITY OWNED REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF BASE LINE :EET AND "H" STREET IN THE CITY OF SAN BERNARDINO. SECTION 2. That the Mayor of the City of San Bernardino is hereby directed and authorized to execute on behalf of the City, said Grant Deed relative to the sale of City property, a copy of which is attached hereto as said Exhibit " 2". SECTION 3. Said Purchase Contract shall be null and void if either party fails to execute the Purchase Contract within sixty (60) days after the date of adoption of this Resolution. 10 11 12 13 14 15 16 17 21 261 271 /// /// s 1 2 3 4 5 IOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE ;CUTION OF A RIGHT OF WAY CONTRACT WITH THE STATE OF CALIFORNIA, 'ARTMENT OF TRANSPORTATION, AND THE EXECUTION OF A GRANT DEED FOR THE SALE CITY OWNED REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF BASE LINE ;EET AND "H^ STREET IN THE CITY OF SAN BERNARDINO. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and ~ommon Council of the City of San Bernardino at a 7 held on the day of 8 9 Council Members: AYES 10 ESTRADA 11 BAXTER 12 BRINKER 13 DERRY 14 __ KELLEY I6 17 18 JOHNSON MCCAMMACK NAYS meeting thereof 2008, by the following vote, to wit: ABSTAIN ABSENT City Clerk 21~ The foregoing resolution is hereby approved this day of 2008. PATRICK J. MORRIS, Mayor City of San Bernardino Approved as to Form: City Attorney 6 STATE 0 CALIFORNIA • DEPARTMENT OF TRANSPORTATION RIGH~'OF WAY CONTRACT -STATE HIGHWAY RW 8-3 (Rev 6/95) --- San Bernardino, California Dtsratcr CouNn Roure PosrMu.E R/W E.A. OO71V9 8 SBD 215 13.04 (KP) (007169) CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION Grantor(s) Document No. 17925-1 in the form of a Grant Deed covering the property particulazly described in the above instruments have been executed and delivered to Keith Williams, Associate Right of Way Agent for the State of California. 1. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: (A) The parties have herein set forth the whole of their agreement, with the exception of Relocation Benefits and Loss of Goodwill. The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. (B) Grantee requires said property described in Document No. 17925-1 for State highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor(s) is compelled to sell, and Grantee is compelled to acquire [he property. (C) Both Grantor(s) and Grantee recognize the expense, time, effort, and risk to both parties in determining the compensation for the property by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 2. The State shall: (A) Pay the undersigned gantor(s) the sum of $1.430.000.00 for the property or interest conveyed by above document(s) when title to said property vests in the State free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded), and fazes except: a. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow. b. Covenants, conditions, restrictions and reservations of record, or contained in the above-referenced document. c. Easements or rights of way over said land for public orquasi-public utility or public street purposes, if any. d. A document subject to all the terms, provisions and conditions therein contained.; Entitled: Grant Deed; Dated: July 24, 1962; By and Between :George N. Voss and Lila A. Voss, husband and wife and City of San Bernazdino, a Municipal Corporation; Recorded: August 27, 1962 as instrument No. 5757, Page 607 of Official Records e. Any boundary discrepancies, right or claims which may exist or arise as disclosed by a Record of Survey; Record of Survey No. OS-272; Recorded January 18, 2007 as Instrument No. 2007-0035575, Official Records in Book 129, Pages 30-51 (B) Pay all escrow and recording fees incurted in this vansaction and, if title insurance is desired by the State, the premium charged therefor. (C) Have the authority to deduct and pay from the amount shown in Clause 2(A) above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the yeaz in which this escrow closes, together with penalties and interest thereon, and/or delinquent and non delinquent assessments which have become a lien at the close of escrow. 3. In consideration of the State's waiving the defects and imperfections in the record title, the as set forth in Clause 2(A), the undersigned Grantor(s) covenants and agrees to indemnify and hold the State of California harmless from any and all r. vrrrn r-r ..r++ RIGHT' OF WAY CONTRACT -STATE HIGHWAY (Cont.) RW 8-3 (Rev. 6/95) claims that other parties may make or assert on the title to the premises. The Grantor's obligation herein to indemnify the State shall not exceed the amount paid to [he Grantor(s) under this contract. 4. Should the property be materially destroyed by fire, earthquake or other calamity without the fault of either party, this contract may be rescinded by State; in such an event, State may reappraise the property and make an offer thereon. All risk of loss will shift to the Grantee when title has transferted, or when Grantee takes possession, whichever occurs firs[. Possession is deemed to be transferred to Grantee when Grantor has vacated the prerises and Grantee is entitled to take possession pursuant to an order of possession, whether or not Grantee has taken actual physical possession of the property. 5. It is understood and agreed by and between the parties hereto that payment shown in clause 2(A) above includes payment to grantor for certain improvements located partly within and partly without the right of way area. Said improvements consists of• a Main Shoo consistine of 5 538SF ealvanized metal building inclusive of the service bav. 2 hydraulic lifts 369-eallerfelerik~itt~. IO x 12 metal door into main shoo Open mezzanine area 10 x 80 restroom with shower 2-sinks toilet and lockers 40FT hi¢h ceiling with steel beams (41 10 x 12 metal slidine doors. ]0 x ~arkine spaces with bumcers and stripin¢ metal Ditched roof exterior li¢htine and interior fluorescent liehtine and concrete secondary containment azea: Former Fire Station consistine of a 7.487SF concrete block buildin¢. 6. Grantor(s) warrant(s) that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the Grantor(s) further agree(s) [o hold the State harmless and reimburse the State for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor(s) for a period exceeding one month. 7. State agrces to indemnify and hold harmless the Grantor(s) from any liability azising out of State's operations under this agreement. State further agrees to assume responsibility for any damages proximately caused by reason of State's operations under this agreement and State, will, at its option, either repair or pay for such damage. 8. With the exception of Relocation Benefits and Loss of Goodwill, it is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State, including the right to remove and dispose of improvements, if any, shall commence on October 1. 2008 ,and that the amount shown in clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. 9. The acquisition price of [he property being acquired in this transaction reflects the fay-market value of the property without the presence of contamination. If the property being acquved is found [o be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the Stau may elect to recover its cleanup costs from those who caused or contributed to the contamination. 10. This transaction will be handled through an escrow with LandAmerica Commonwealth Land Title Company, 27290 Madison Avenue, Suite 300, Temecula, California 92590, Litigation Guarantee 02130146, Escrow Number 2755386. 2 RIGHT OF WAY CONTRACT -STATE HIGHWAY (Cont.) RW 8-3 (Rev. 6/95) In Witness Whereof, the parties have executed this agreement the day and year first above written. CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION By cjtapggdc Lori Sassoon !rs ~7lt~atHgil Acing City Manager APPROVED AS TO FORM: James F. Penrc;an, City Attorney By: ~~ RECOMMENDED FOR APPROVAL: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: By: Keith Williams Associate Right of Way Agent Acquisition-District 8 Barbara Baemstein Senior Right of Way Agent Acquisition-District 8 Approved By: By: Date: Patricia L. Smith Right of Way Project Delivery Manager District 8 Southern Right of Way Region No Obligation Other Than Those Set Forth Herein Will Be Recognized. 3 PoB TN$ xJ~9. SFE $MFEi e p Z ~ I ~*~ ~~ ~ ~ ~ 1' ~ d _ ~a it n 7 1 Ss gad I' E'tl '. 8c / 0~ ~~ ~ # E t 9 '" °f ~ 1 ~ Y~ ~~~ s a~a ~ _ !,°' t S ~' - 9§ Sqn v., N ~ ...., 64y ~ 2 . $ m ^~ ~ ~~~~~ Nt ,-J 5a ~I Lasky i f ~. ue YY ~ \ ~4Y ~ - WC p ~ y ~ H p ~ a ~~ ;Et iI SG~= S I II \, ~5 ~- ..cz5\ _~.- I F ' E i(ij F ~.. J2.335m ~ a - 4f '. ~~ ~, Te_U a-~: '?tifl trliN~~- '~.mi~~~ ~ ~ a .- s II ~ _ _ _ _ a ~2ai00 e12 pp - ~ o O kN. ~Me9 J)~ J" >1e3m1NP.Ol ]A91CyY~ ~ _.. 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YIIG•.Syf14 1{141 (F• ~ iros•1vTY wl~M an«j~~~.l~'*r~~ r rwA~ p~pq~I .: ~ d ~ I ~ C® Y ~s ~S If~1 `~WN9 g _ ~~ ~ i Il f I I ~ ~ - Z 7 _ _ .. i ~~~ _ ~ ~. ,~ ~~ - ,I, _ - P L. - s t _ :~ , I ` s ~ ~ _ 1 ~- Il~ 3 ~ f ~~ ~_ - MYm3R ,~ nw, m6'1 ~ Q 4 s ~ _ ` f I _ ~ ~r~ Iw re ~ ~ Z~ - ~ ~ c ~~z t, ~~ 2cw m ~ $ } i ~~ a~~ ~ n ~. ~ 0. M E 8 .. z s ~. a ~~ S L'~ i 8~ ~ t rg q ~ ~ m S~ ~~ Y `~ RR j` to ~~ ~~ ~ ~ ~ ~.yy d. ~ •. - Mp•WtlVE ~ Ifla.ilW. OxLfM ~C ~ h •- ~e~ j ~ 5 , c. z , .' _ ann ~ dp ~~fil i I 403041-5 ~v~• 03041-£ RECORDING REQUESTED BY When Rewrded Mail To STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 464 W. 4"' STREET, 6~ FLOOR SAN BERNARDINO, CA 92401-1400 Attention C.R. Beckley - MS 648 FREE RECORDING: This instrument is for the benefit of The State of California, and is entitled to be recorded without fee.(Govt. Code 6103) GRANT DEED (CORPORATION) for District Coun Route Kilo Post Number 08 SBd 215 13.04 17925 CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION a corporation organized And existing under and by virtue of the laws of the State of CALIFORNIA ,does hereby GRANT to the STATE OF CALIFORNIA, all that real property in the Citv of San Bernardino , County of San Bernardino ,State of California, described as: All those lands as conveyed in the Grant Deeds to the City of San Bernardino, recorded on January 5, 1962 in Book 5625, page 356 of official records of San Bernardino County and recorded on August 27, 1962 in Book 5757, page 607 of Official Records of Said County, said Grant Deeds being reiterated in Exhibit "A". EXIIIBIT " 2" O8-SBd-215-KP 13.04-17925 (17925-1) r,.-.., o,n, c . m, io...,:..,,w no may F,XHIBIT ".4" T"hat portion oC Lut 8 in Black 36 of the Rancho San Bemardino, in the County of San Bemazdinv, State of California, as per map recorded in Book 1, page 2, of Maps, records of said County, described as follows BEGINNING at a point in the West line of the land described as Parcel ~ in the Final Order of Condemnation entered August 22, 1958, in the Superior Court of the State of California in and for the County of San Bernardino, Casc No. 89930, (a certified copy thereof having been recorded August 26, 1958, in Book 4688, page 241 of Official Records of said County), distant there~tn Northerly 30.75 feet from the Southwest comer thereof; thence Northerly along the Westerly line of said parcel 5, 100.00 feet; thence due West 340.00 feet, more or less, to the Easterly line of the land descrihed as Pazce] 3 in the above referred to Order of Condemnation ;thence Southerly along said easterly line of said Parcel 3 to its intersection with the end of that certain curve described in Parcel 4 of the refetrc~ri to Order of CondcRttnativn described therein as "thence along a tangent curse concave Northeasterly with a radius of 35.00 feet, through an angle of 88° 34' 18" a distance of 54.10 fceC" thence Southeasterly along said cun~e to the beginning point thereof as described in said Parcel 4; (hence along the Northerly line of said Parcel 4, South 84° 08'56" East, 304.41 feet to the point of beginning. "Chat punion of Let S, Block 36, Rancho S[ut Bemarditn+, as per plat thereof recorded in Book 7 of Maps, page 2, records of the County Recorder of San Bernardino County, described as follows; BEGINNING at a pvint, said lwint being the Northeast comer t,+f that certain parcel of land conveyed to the City of San Bernardino, a municipal corporative, by deed recorded January 5, 1962, in Bi+ok 55'_5, page 35(i, Official Rccunis of said Cowtty, said. point being 130.7$ feet Nurthc~rly from the Southwest comer of that certain parcel of land described as Parcel 5 in the Penal Order of Condemnation entered August 22, 195fi, in the Superior Court of the State of California, in and for the County of San Bernazdino. Case No. 89930, (a certifled wpy therrnf having been recorded August N, 1958, in Book 4588, page 241. Official Records of said County): thence North :dung the Wcsi line of said Parcel 5, a distance of 25.00 feet ;thence due West and pazallel with the North line of said City property, to the Last line of the land described as Parcel 3 in the above refcned to Linal Order of Condemnation :thence Southerly along said Fast line of Parcel 3 to the Nanhwest corner of said City property; thence due East along the North line of said City property, a distance of 340.0(1 feel, mare or less to the point ufheginning. 08-SBd-215-KP 13.04-1'925(17925-I) Number 17925-1 IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be affixed hereto, this day of , 20_ CITY OF SAN BERNARDINO By: PATRICK J. MORRIS Its Mayor Grantor STATE OF CALIFORNIA ACKNOWLEDGMENT County of } SS On this the day of 20 _, before me, Name and Ttle of the Officer-E.G., "Jane Ooe, Notary PuDlk' personally appeared (Name of person(s) signing) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) _ islare subscdbed to the within instrument and aGcnowledged to me that _ he/she/they executed the same in _ hislher/their authorized rapadry(ies), and that by hislhertthefr signature(s) on Ne instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I ceRity under PENALTY OF PERJURY under the laws of the State of Califomla that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Public's signature in and for said County and State) (for notary seal or stamp) THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day , 20 WILL KEMPTON Director of Transportation ey PATRICIA L. SMITH, Attorney in Faet Right of Way Project Delivery Manager District 8 Fnrm RW 5-1111 IReviced OA~051 STATE O CALIFORNIA • DEPARTMENT OF TRANSPORTATION RIGH~OF WAY CONTRACT -STATE HIGHWAY RW 8-3 (Rev. 6/95) San Bernardino, California DISTRICT CouNTV Roure Posr MttF. R/W E.A. 8 SBD 215 13.04 (KP) 0071 V9 (007169) ,2008 CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION Grantor(s) Document No. 17925-1 in the form of a Grant Deed covering the property particularly described in the above instruments have been executed and delivered to Keith Williams, Associate Right of Way Agent for the Stale of California. 1. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: (A) The parties have herein set forth the whole of their agreement, with the exception of Relocation Benefits and Loss of Goodwill. The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. (B) Grantee requires said property described in Document No. 17925-1 for State highway purposes, a public use for which Grantee has the authority to exercise [he power of eminent domain. Grantor(s) is compelled to sell, and Grantee is compelled to acquire the property. (C) Both Grantor(s) and Grantee recognize the expense, time, effort, and risk to both parties in determining the compensation for the property by eminent domain litigation. The compensation set forth herein for [he property is in compromise and settlement, in lieu of such litigation. 2. The State shall: (A) Pay the undersigned grantor(s) the sum of $1.430,000.00 for the property or interest conveyed by above document(s) when title to said property vests in the State free and cleaz of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded), and [axes except: a. Taxes for the tax year in which [his escrow closes shall be cleazed and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow. b. Covenants, conditions, restrictions and reservations of record, or contained in the above-referenced document. c. Easements or rights of way over said land for public orquasi-public utility or public sveet purposes, if any. d. A document subject to all [he terms, provisions and conditions therein contained.; Entitled: Gran[ Deed; Dated: July 24, 1962; By and Between :George N. Voss and Lila A. Voss, husband and wife and City of San Bernardino, a Municipal Corporation; Recorded: August 27, 1962 as instrument No. 5757, Page 607 of Official Records e. Any boundary discrepancies, right or claims which may exist or arise as disclosed by a Record of Survey; Record of Survey No. OS-272; Recorded January 18, 2007 as Instrument No. 2007-0035575, Official Records in Book 129, Pages 30-51 (B) Pay all escrow and recording fees incurred in this vansaction and, if title insurance is desired by the State, the premium charged therefor. (C) Have the authority to deduct and pay from the amount shown in Clause 2(A) above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and non delinquent assessments which have become a lien at the close of escrow. 3. In consideration of the State's waiving the defects and imperfections in the record title, the as set forth in Clause 2(A), the undersigned Grantor(s) covenants and agrees [o indemnify and hold the State of California harmless from any and all RIGHT' OF WAY CONTRACT -STATE HIGHWAY (Cont.) RW B-3 (Rev. fii95) claims that other parties may make or assert on the title to the premises. The Grantor's obligation herein to indemnify the State shall not exceed the amount paid to the Grantor(s) under this convact. 4. Should the property be materially desvoyed by fire, earthquake or other calamity without [he fault of either party, this convact may be rescinded by State; in such an event, State may reappraise the property and make an offer thereon. All risk of loss will shift to the Grantee when title has transferred, or when Grantee takes possession, whichever occurs first. Possession is deemed to be vansfered to Grantee when Grantor has vacated the premises and Grantee is entitled to take possession pursuant [o an order of possession, whether or not Grantee has taken actual physical possession of the property. 5. It is understood and agreed by and between the parties hereto that payment shown in clause 2(A) above includes payment to grantor for certain improvements located partly within and partly without the right of way area. yv j ~ 1 a I Said improvements consists of: a Main Shop consistin¢ of 5.538SF ealvanized metal building. inclusive of the service bav. 2 hydraulic lifts Sm att{lex~eltet€yi~. 10 x 12 metal door into main shop Ocen mezzanine area 10 x 80 restroom with shower. 2-sinks. toilet and lockers. 40FT hi¢h ceiling with steel beams. t41 10 x 12 metal slidin¢ doors. 10 x 12 break room tool room main office and sorts room 50 gallon water heater concrete floorin¢ 4FT chain link fencin¢ alon¢ south ~ropem line and a 3FT block wall alon¢ north line. combination asphalt and concrete pavine. 8-asphalt paved parkins spaces with bumtxrs and stripin¢, metal Ditched roof, exterior liehtin¢ and interior fluorescent liehtin¢, and concrete secondarv containment area: Former Fve Station consis6ne of a 7.487SF concrete block buildin¢. 6. Grantor(s) warrant(s) that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the Grantor(s) further agree(s) to hold the Slate harmless and reimburse the Stale for any and all of its losses end expenses occasioned by reason of any lease of said property held by any tenant of Grantor(s) fora period exceeding one month. 7. State agrees to indemnify and hold harmless the Grantor(s) from any liability arising out of State's operations under this agreement. State further agrees to assume responsibility for any damages proximately caused by reason of State's operations under this agreement and State, will, at its option, either repay or pay for such damage. 8. With the exception of Relocation Benefits and Loss of Goodwill, it is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State, including [he right [o remove and dispose of improvements, if any, shall commence on October 1. 2008 ,and that the amount shown in clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. 9. The acquisition price of the property being acquired in this transaction reflects the fair-market value of the property without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the Stale may elect [o recover its cleanup costs from those who caused or contributed to the contamination. 10. This transaction will be handled through an escrow with LandAmerica Commonwealth Land Title Company, 27290 Madison Avenue, Suite 300, Temecula, California 92590, Litigation Guarantee 02130146, Escrow Number 2755386. 2 RIGHT OF WAY CONTRACT -STATE HIGHWAY (Cont.) RW 8-3 (Rev. 6/95) In Witness Whereof, the parties have executed this agreement the day and yeaz first above written. CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION By tW7~gdt Lori Sassoon /ts Lyog:Ataftl~8t Acting City Manager APPROVED AS TO FORM: James F, Penmaa, City Attorney By: RECOMMENDED FOR APPROVAL: By: Keith Williams Associate Right ofWay Agen[ Acquisition-District 8 By: Barbara Baernstein Senior Right of Way Agent Acquisition-District 8 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION ApprovtRl By: By r '~ Patricia L. Smith Right of Way Project Delivery Manager District 8 Southern Right of Way Region Date: No Obligation Other Than Those Set Forth Herein Will Be Recognized. 3 E0x1. 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Code 6103) GRANT DEED (CORPORATION) District Count Route Kilo Post Number O8 SBd 215 13.04 17925 CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION a corporation organized And existing under and by virtue of the laws of the State of CALIFORNIA ,does hereby GRANT to the STATE OF CALIFORNIA, all that real property in the Citv of San Bernardino , County of San Bernardino ,State of California, described as: All those lands as conveyed in the Grant Deeds to the City of San Bernardino, recorded on January 5, 1962 in Book 5625, page 356 of official records of San Bernardino County and recorded on August 27, 1962 in Book 5757, page 607 of Official Records of Said County, said Grant Deeds being reiterated in Exhibit "A". 08-SBd-215-KP 13.04-17925 (17925-1) Form RW 6-t(D) (Revised OS/06) Ey:HIBIT °A" Tito. portion of Lot 8 iu Black 36 al the Ran: ho Sal: Bcrnardina, in the County of Stm [3emardina. Slate of Caliitmtia, as per map recorded in Bpnk ?, page ~, of Maps, records of said Cotmty, described as fotlan~s BEGINNING at a point in the West line of the land described as Pazcel 5 in the Final Order of Condemnation entered August 22, 1958, in the Superior Court of the State of Galifomia in and for the County of San I3umardino, Case No. 89930. (a certified copy thereof having been recorded 4ueust 26, 1958, in Soak 45RR, pa,e 241 of Official Records of said County), distant thereon "donherly 30.75 feet from the Southwest comer thereof. thence Tvorthcrly along the Westerly line of said parcel 5. 100.00 feet; thence due West 340.Ot) feet, more or less, to the Easterly line of the land described as Parcel 3 in the abol e referred to C)rdcr of Condemnation ;thence Southerly along said castcrly laic of said Pared :~ to its intcKSection with the end of that certain curve described in Parcel 4 of the referred to Order of Condemnation described therein as "thence along a tangent can e cotrcnve Northeasterly ~3'ith a radius of 35.00 feet, through an angle of 8&° 34' 1 S" a distance of X4.10 feet.' thence Southeastcdy along said curve to the begituung paint thereof as described in said Parcel 4: thence along the Northerir lint of said Parcel 4, South R4° O4'S6" East, 304.41 feet tc~ tltc point ofbcgimtin_. That ponian of C,ert R. L31ock 36. Rancho San Bernardino. as per plat thereof recorded in Book 7 of !~~taps, page 2. records of the County Recorder of San Bernardino L'otmty, described as follows; BEGiN?vLNG at a point. said point bein f the i`iortheast earner of that certain parcel of land canvt:yed to the City of Sun Scrntudina, a municiptd corporation, by dued recorded January { Lli>^-, itt Book 5625, page 356, Official R~.:ords of said County. said paint being 130.75 feet Norihcrty from the Southwest comer of chat pertain parcel of land described as Parcel _S in the Final Order of Condemnation entered August 22, 1958. in the Superior Court of the State of Galifomia, in and tar the Count~~ of San Bernardino. Case No. 59930.. to certified copy thereof having been rewarded .4ueust 26, 1958, in Bonk 458ti, page 241. Official Records of said County): thettce North alam~ the ytiest line of'sxid Parcel 5, x distance or 25.00 feet ;ihence due West and parallel w7th the North line of said City property, io the East liuc of the land described as Parcel. 3 in the above refcncd to Final Orrice of Condemnation ;ihence Southerly along said Fast line of Parcel 3 to the Norttnecst comer of said City propcrh; thence due Lust along the: North line of said City property. s distance of 340.00 feet, more or less tc+ the point of beginning. On-SBd~' I5-I:P 13.114-; -925 (1?925-i) Number 17925-1 IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be affixed hereto, this day of , 20_ C[TY OF SAN BERNARDINO By: PATRICK 1. MORRIS Its Mavor Grantor STATE OF CALIFORNIA ACKNOWLEDGMENT County of I SS On this the day of 20 _, before me, Name and Title of the Officer-E.G., "Jane Doe, Notary Public' personally appeared (Name of person(s) signing) Who proved to me on the basis of satisfactory evidence to be the person(s) whose namels) _ is/are subscribed to the within instrument and acknowledged t4 me that he/she/they exeated fhe same in his/her/their authorized capaciry(ies), and that by hisTher/their signature(s) on the instrument the person(s), or the entry upon behalf of which the person(s) acted, executed the instrument I certlry under PENALTY OF PERJURY under the laws of the State of Calffomia that Me foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Public's signature in and for said County and State) or THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day , 20 WILL KEMPTON Director of Transportation By PATRICIA L. SMITH, Attorney in Fact Right of Way Project Delivery Manager District 8 c,,..., ow a-vrn raomccn nn.~nFt STATE 0"~( CALIFORNIA • DEPARTMENT OF TRANSPORTATION RIGHT'OF WAY CONTRACT -STATE HIGHWAY RW 8-3 (Rev 6/95) San Bernardino, California DISTRICT COUNTY Rourls Posr Mn.e R/W E.A. 0071 V9 8 SBD 215 13.04 (KP) (007169) 2008 CRY OF SAN BERNARDINO, A MUMCIPAL CORPORATION Grantor(s) Document No. 17925-1 in the form of a Gran[ Deed covering the property particularly described in [he above insvuments have been executed and delivered [o Keith Williams, Associate Right of Way Agent for the State of California. 1. Inconsideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: (A) The parties have herein set forth the whole of their agreement, with the exception of Relocation Benefits and Loss of Goodwill. The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. (B) Grantee requires said property described in Document No. 17925-1 for State highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor(s) is compelled to sell, and Grantee is compelled to acquire the property. (C) Both Grantor(s) and Grantee recognize the expense, time, effort, and risk to both parties in determining the compensation for [he property by eminent domain litigation. The compensation set forth herein for the property is in compromise and sett]ement, in lieu of such litigation. 2. The State shall: (A) Pay the undersigned grantor(s) the sum of $1,430.000.00 for the property or interest conveyed by above document(s) when title to said property vests in the State free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded), and taxes except: a. Taxes for the [ax year in which [his escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow. b. Covenants, conditions, resvictions and reservations of record, or contained in the above-referenced document. c. Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any. d. A document subject to all the terms, provisions and conditions therein contained.; Entitled: Grani Deed; Dated: July 24, 1962; By and Between :George N. Voss and Lila A. Voss, husband and wife and City of San Bernardino, a Municipal Corporation; Recorded: August 27, 1962 as instrument No. 5757, Page 607 of Official Records e. Any boundary discrepancies, right or claims which may exist or arise as disclosed by a Record of Survey; Record of Survey No. OS-272; Recorded January 18, 2007 as Instrument No. 2007-0035575, Official Records in Book 129, Pages 30-51 (B) Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the State, the premium charged therefor. (C) Have the authority to deduct and pay from the amount shown in Clause 2(A) above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and non delinquent assessments which have become a lien at the close of escrow. 3. In consideration of the State's waiving the defects and imperfections in the record title, the as set forth in Clause 2(A), the undersigned Grantor(s) covenants and agrees to indemnify and hold [he State of California harmless from any and all RIGHT' OF WAY CONTRACT -STATE HIGHWAY (Cont.) RW 8-3 )Rev. 6/95) claims that other parties may make or assert on the title to the premises. The Grantor's obligation herein to indemnify the State shall not exceed the amount paid to the Grantor(s) under [his convact. 4. Should the property be materially destroyed by fire, earthquake or other calamity without the fault of either party, this convact may be rescinded by State; in such an event, State may reappraise the property and make an offer thereon. All risk of loss will shift to the Grantee when title has transferred, or when Grantee takes possession, whichever occurs first. Possession is deemed to be vansferted to Grantee when Grantor has vacated the premises and Grantee is entitled to take possession pursuant to an order of possession, whether or not Grantee has taken actual physical possession of the property. 5. It is understood and ageed by and between the parties hereto [hat payment shown in clause 2(A) above includes payment to gantor for certain improvemenu located partly within and partly without the right of way area. ~~ :~ Cc I Said improvements consists of a Main Shoo consistin¢ of 5 538SF ealvanized metal buildine inclusive of the service b~ 2 hydraulic lifts 50fa ealla ' `' '°'°' """'' '""'` 10 x 12 metal door into rnatn shoo Ocen mezzamne area 10 x 80. restroom with shower 2 sinks toilet and lockers 40FT hieh ceilin¢ wtth steel beams (41 10 x 12 metal shdtne doors 10 x 12 break room tool room main office and Darts room 50 eallon water heater concrete floonne. 4FT chain hnk fencm¢ alone south procerty line and a 3FT block wall alon¢ north line combination asphalt and concrete pavme. 8-asphalt paved __., ...__:_" ".e."t ";.,.v,oa ~,.,,f nvrrrinr t,uhnou and mrennr fluorescent h¢hhne, and concrete Darlcin¢ spaces wi'u`~ bw uc - secondarv containment area Former Fire Station consistine of a 7 487SF concrete block bwldm¢. 6. Grantor(s) warrant(s) that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the Grantor(s) further ogee(s) to hold the State harmless and reimburse the State for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor(s) for a period exceeding one month. 7. State ogees to indemnify and hold harmless the Grantor(s) from any liability azising out of State's operations under this ' s ageement. State further ogees to assume responsibility for any damages proximately caused by reason of State operations under this ageement and State, will, at its option, either repair or pay for such damage. 8. With the exception of Relocation Benefits and Loss of Goodwill, it is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State, including the right to remove and dispose of improvements, if any, shall commence on October 1.2008 ,and that the amount shown in clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. _ 9. The acquisition price of the property being acquired in this transaction reflects the fair-market value of the propety without the presence of contamination If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the State may elect to recover its cleanup costs from those who caused or contributed to the contamination. 10. This transaction will be handled through an escrow with LandAmerica Commonwealth Land Title Company, 27290 Madison Avenue, Suite 300, Temecula, California 92590, Litigation Guarantee 02130146, Escrow Number 2755386. 2 RIGHT OF WAY CONTRACT -STATE HIGHWAY (Cont.) RW 83 (Rev. 6/95) In Witness Whereof, the parties have executed this ageement the day and year first above written. CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION By tgac Lori Sassoon !rs Sioy~A3atm~tt Acting City Manager APPROVED AS TO FORM: James F. Penman, city At~orney`~ gy; 7 - RECOMMENDED FOR APPROVAL: STATE OF CALIFORNU~ DEPARTMENT OF TRANSPORTATION By: Keith Williams Associate Right of Way Agent Acquisition-District 8 sy: Barbara Baernstein Senior Righ[ of Way Agen[ Acquisition-District 8 Approved By: By Patricia L. Sntith Right of Way Project Delivery Manager District 8 Southern Right of Way Region Dale: No Obligation Other Than Those Set Forth Herein Will Be Recognized. 3 ', ~ > WW ryJ o W N . . ' psi. [d.Ntt ROUfE ""~~a" '~, yEET. . : ~ :, ii '. .. o :. . ............._.... oe sea zn 'mii a is J '~ d ~ ~ ~ .~ CONVERGENCE ANGLE = 00'2150 2 BtrIC I: ~ ct-s ,A. r ~ ; LICCxSE sunvE.pr 1180 '- 960 215-9.08 CAOT BRASS 0(SK : ., ' ` ° J~ "'- W SLY SIDEWALK BASELINE cR 09999348]0 ;. , , =y ` q~ .. ..... y.... .:., , , STFIYEN C. Y?EE ~ y 5/23/2007 . ..: i':.... OATE A°PPOYEO E. p Pd 6b1 '~" -'•_• _. P - !M S.o1. pf Ctlllprnlp r 1~ pflleer. pp.nr. J .'. ~' pwNnpr e. r. oowlwe ip. Y t 1~ i 4' i o o .. 'l ' ~ ..._. .... es Na lw .M.r. r wcfroMp cwl. wrounn... E p Jf of . RIVERSNE T0 cE - ~ H L ~- I F i a. ~ ~ 0009 ~' - -. -. ' ~ u ~ ~ n ,. ~ 1 .. d~ .'.. ... •~ ~ - ~ dF _': ~ •~~IOA R$35'i6 _ _ I J ° ~ ~.?-- m 18591 1 : ht3 _ .. 56J93m---- t6@A79m , 1...f2' n `issl.gr -I .. ~.,,- 128547m~_. ... ~. .7 ..'. ... .... ,. - .-- -..-~. . ^.23 I - - ... uca.po > ~ ~ wdprm:::::::::"'"' ..116'SJ4'7+ o ~. i m ~ .... (Lli.i...L1k ~~_ X00'2794 i~i28~Tm 07 .28')~ :.:: i ~-- g• ~:.. .';~` .-~?~_ a 9i ii:~ :.... . N ._... _._...,_.~ q _ .:.. o:r~sr 1 392-1 ~:~. T'..., '°. .4.113m~ ~ °N- - ~j~- g ~, 4' rr~~ ~ :. 165 95 1 r v ~. 3---~_„" .. R _.. .1, `~... 171 %PN ~_3 '. :.._ ............._..........____ ". 3 m°025.049........_ . 'i." _; :..._ ..:.... ._'.. ... m^' 17926-1 ~ y~~, @4.2 m RT .' i~„i~ v ~g ~ 16597 7 . l~.- u~ ro ~ ~ ~ !3:3F 9.194 T-~ 74 I.'~ :^ ~ - 3 .._ _. r- - a °`'~P. RTE. 215 p .. .. i .i ~ c _ _ _ _ _ _ _ =F- _~-_ 3dJllm 185' q::.......:: rs ~ o r:. ~ "X00'21'46"E. .. , ~~ r6 .__ -.....___ _ - :: .. . o : - 3__~_ _~ 00'-04.56"N: - _ _ _ :...._..:... A. :~.L". ~ : i ..: ~~ x ~ ~ ~2.757m (9.059 ~ ..'~'~ -;~~-90911m ~RT. ~~~~: _~~~: 16367-1 '~ ° ~ _ ' ~ 18556-1 -~ ~ ~'- ~ ~ ro' 133+'90.137 ~ ~ _ w g ~ 7 58.27en 1191.16') e'r,996m~-J _ _ @ " [~ {° rk IMP_flTE. 215: ~,-., ;.- p W ~ 7 :............'+.:'Y ~~.. (26.24')X00 ~ - -' -.. a..,,'.-___ :' ili •Z5'44 ~ ;D,W;: ` r A11CrlU ~... .. .' :. ` ~ ..-s iNtiO'llt?53't ~~ to -1,-~ ::"~i io ~ I, ur1 `~ Jrf~~~r~f~J~ min _'-_-'N 'F!. .. .. ` 1~' SOS4A : 39^.+ r........:~y- y ' ~~~~D I~`,J 'pa ~ 20568-2 m'.. }N~+x ~-' > :? ;;8 16658-01-01 SEE sFEET Q _ i ., ~3iq -: 17926-01-01 : q3 ` `..:....~ m -yam ~e . . - 0 •. : < ".. XOp.•. r Sew 6 - .: ro . _ .:N00`2596"N 79Sm. OT3.21'I ~ ,°-. ..i i ii $EE SfiEETl SA :i:<.".:: _ ~~36:12m ... T_ °° S ._..._. ";. _ _ ,. -> ~ ': '. _ ~ .,_...X00'0'29"w 8.239m T. ~. ~Fd ..`; ~,::L i:! _ ® -.: .... ... ;; 9171 2 ~~ ~ ~~~ - 9:%7m 10+70.000 '. oa:......., .>.. 20569-2 w : p .. : ~, y ....:..:~~~ 'R SEE SHEETi 5A 3,Opge 1 ; ~ IMP. H 5T. ,:~ ;:.;'_: ~:: ; ;' ~ ~ ~~, ,(9bI~/I °3B.A2@:'t125:64'>~..,_.:.,., .;~ u :i :; '`";I'ir I N99^10'32'E -; ) ~~~~~ 752tl T62o ~ 1 G~II')~ ..:' 366 71~ 1 7.000m -' m~ m~ r sx6cT i 7J I ~ (9.64'7 :°' 'i ..._...'°w,x°° zboo 2s.ao' ~.o~Se SHE'E't I6K. ,:; ... I -......... .. " 1° .. ° -~_ -ice 56.634m_(192.3]'1 'q3'...' ,38.113m ''~~ I ~' 33 .. .... . . 'Y' : ~,`. ~ NOOPH YB 9Y ... - l '( 5.04') 7 . ~ 5 :,,.~~.. UT R9 ~~„~. ~ a 9.984m '~ ~ f5239m.tiSi- -'42859 ... :>...~ .;:: ---o e.X00e16'~6"w..~19.5~36m_+ r ._._ (3276) 17926-~ ~~ ~ ~"~~ ~ _ w+ o.ooo WP:XIRGEiA AVElIIIE 1 ° :. •~ - 1 ~ ~ fj IMP H3T. -' i~ s ~10019'28~!W ~ ~ . a ~ - ~ ~® ° w a ~~ ., i ..:. ..I. . o ~: ., .:n: .. W ¢.. PARCEL ORANfOR 96 ~ sTaTe or cauPOnNna S o C N0. ft W BUSINESS, Tfl.NSPORTRTION aNp MOUSING >CENCY ¢ 'R '~+ 7 6- JAN T L GALE HU@BARO E 4l 24tl .7 OEPPNTMENT OF TflaNSPOPT4TION :: 17926- JANET 1. GALE HUBBARD ET AL 29.9 RIGHT 0 F WAY M A P ` 0927-I ALAN R. BOLLINGER 236 0 ~ a 17929-I JANET L. GALE-HUBBARD 2673.4 E 0 a 1@556-1 ANTONIO PARRA 5 0.8 S a le 67-1 B VERLY J. ADAMS 804.6 0 25 METER 50 IS 18591-I FRANCISCO E. MUERTA ET UX 176.9 18592-I SAMUEL M. REY 5 ET UX 560.8 ' o - 18593-I JUAN SANCHE2 ET U% 500.9 10594-I JOS . GOM ET U% 580.5 SCALE I: 500 O a 18595-1 JOSE L. NAFATE 690.9 r 2 10038-I PET R N. C NZALE2 U% 004.6 cooralnpree arle eearlnp. ore an ¢ses Zane 5 IEppc6 lse4.m. meFmou W e 5 ~ 8 19171-I ANTON COCROFT TR 4.4 ooe erorlenmo ore one arerpeoo.. u~nrPy er LcoopcesNS +o oo+am arowe 19171-2 ANTON COCROFT TR 20.6 4leran<ee. crle re. earpwlen.e srem N.cs. rnonpuWrlon emnor..- O 191]7-I ARATE% SERVICES INC 34D].3 Cnpppprrpl 1939 pna u.eN 19c. 191]7-2 ARAT % SERVI INC 272 mpplem.mpry mwrmmmn m r ee ompmee from me ol.rner pcnee. 19185-I GEORGE C. NELSON TR 201.5 survey aro.<n or Nrom or xer EnolroerMp ereneNr Nu w. Po.,rm sr. % ~ 19105-2 GEORGE C. NELSON TP 105.9 spn Eempramo. cN.. sxnm .~ ~ Y G Y q 20568-1 GEORGE C. NELSON 28.1 ~ 20568-2 GEORG C. NELSON 153.3 n n l r l l l u l l n r n n I ' '" 20569-I BOBBIE J. FOSTER, TR 4.3 ACCESS PROHI6ITED P F 20.4 M s i o a mllprF 00-d10 runprc 08-210 F- p_ 007162 i W ~li ~ -_ I ° WI^I+hI:I Q ~ `: i 4 ~~ ^ ~I I ~ ~ 4 ~ 06 i. COWI+ POIIIT n°Qy-0S4~' FOR THIS AREA SEE SHEET 6 -~ Pose utE J.. 0!~ /s~Ba zls ~///, `yo-/ax - ._-~ °' u r % etric ~ EXSE su.E+w ,) 17874 1 :°iJ -r-o-~--_ _-- slt~f 4~3 '° ~_ 3' -', , ~~ ~ 5/23/2007 _ -- wTE .PPPwso / T2 a a - 191741 S -L 38+455m (1261169`. ~g ~, ~ ~ -I I = I ~ ~m - E ,. A v o ' , ,p ' . 17870- TCE i m 20 1 Z ET - m - .m E om \ =3 " to N b ~• ' . T - ~ 3 ~ ,:, F ~AIC w SEE .P ~ / F ~ ID `• -~ W a J z I N ~ p W C~ -PO ^ ~ ( W 4 \ I .3 N vl3 1 1 ' - R.B~im lT 9+(0.000 95.159m . .II - - it NAP H S _1312207 ~rk.4_ _ 1WW.W0 t , -__ I - I 9144m RT. ~ - ~ I 1 90.000 ~ I ... rt I 'y,P. H 51 .~- ~ I - T£.i&AM1C~i7 . 9+I .DOD rt IMP HST _ ~. m - u y 9. w . 9- Wo z e _ rn z u N W - II 1~ W N m ` I T `1 ~~ I L PAACEL I GRAN70R N0. \ n. ~.er. or Eanemlo or f e \5 oompx..n.a. oa: ,~.=° o~i< ivoi :ee+ in: omn an... ND 1 le.v-oe ae1 ' I ( J I m . f _ f .', x - _ ~ ~, - . ; , f ti Z cY. , A T '. 3 T -... I Tom'..:.. . ~ ~ ° ~ .~ ~ ~ W ~ .,, 15.901r L . 9+10.000 ° N43'00'13 W ~ ~ ° ml ~ 'cl ~- 3 -. ~ fE IMP H 5T ~ , -, 4.311m (N.149 m m ; NB926'SSnE.. ._.< zi ~ W °oN ° 3.000m !19.949 p'1 - ` - 47.241m 1154.99'1 f _ - i `. _ °3 , ~- 60.0 m I / fi I < _ r n _ ?_.- R _„ O _._ W k r . - 0 02~ 3 1 3 A.750m -~- (737.37;) _~~ ~-~- _' W I _ . } - - .- y. N00 3305W1' Q o __ ~34 692m - ~ ~ ` `^ _ 1 ,-' ~ J RE 191 BU 1 x In ~6'S5'E /'~ 0'Q ~ ~ m 84'1 ~' ti ~ RT. 12.144n" S92 9+44.6 I }~~ N SL ~ IMP. I 1 ~ i CONVERGENCE ANGLE c 00'21'50.2" SBD 215-9.09 CADT BRA55 DISK ~ IN SLY SDEWALK BASELINE CF = 0.999934830 ~ STATE OF CALIFORNIA BIISINE55. TRANSPOPTITION PND ROUSING 1GENCY OEPPPTMENi OF TRpNSPGPTRTION RIGHT OF WAY MAP 0 25 NEiEA 50 75 r SCALE L 500 r cooralnofe. e a ee°rmoe e n ccses zone s IEOOCn Ise+.m. olerancee mny e . prm ale~anoe.. N„Inmy ey LopcaSes+s fe eemm pre,.a mamncer cna .ee eeropnenea rrom N.es. fnenpWOnon smnone- Cnppparrtl A29 am N. n 196. ay SWplemenfary Mforme~lan mey pe aCtalneE frpm Tne OlafrlcT pfflce. 1- Survey 9rmen or Plpnt pt .Oy Enplneerlnq BranCT +6. M.fotrM Sf. Son Bernor0lna. CA. 92<CI C ACCESS PROHIBITED GOUPCE OB-410 CHARGE OB-210 E, A, 007162 ,:> o1st. cowTr BourE "`o"` `" •", ,""• .'~-. .:... - ....i..._ , _. 1-, t , '.'.. r ¢It 4a xo. SxEEiS I /1 _- Pon MIE `V f - - OB i SBO ,,1\215/IA // vsu 6 15 T~ I - 3099T6m- _ ~-b Qaw~•3 J/{''l•/C..w~ I 1 w ID}:OB6m 133021E ~ @~EIC uccmE~Ni osuRVVOx UND O J.I.J = _- __ .~-." WS~o SU9 `~ O ,~ .- - ~N00 7409 W_-84TB9m ',- '-127818)_+1 / 523 ~Z~~7 srErxsx c. uuFF $ M N f ,-._ _ _ _ _ _ 1 - DATE wvnaveo Fxo. z v-o4 I' :n - .:: " . I I I 1 !M stele o1 Cdllamo or .a s(((cars er apennee SI > esoa ne r - t I,.' 1 s ~noi ee roI ewb enoc coo e~`cai :n: oon s xyE pp~\ 00 eneas c r a c I -- _ ._. ' Of CAL\( 1 ~ 111 IP. BASELINE STREET < -- -- -- --3*40.296 ~ y 1 -- - ~- -' -~P. 215 STA. 130.13.485 - ,-_, u,. ,,; I'ia L -;; ..-~'_.. CONVERGENCE ANGLE 00'21'50.2" - 1 ....* ~ f ~:7 w': 1 ~- ~ 560 215-B.DB CADT BRA55 DISK - w I ~- -- rf1 ~ '~` I. t _ -~%IN SLY SIDEWALK BASELINE = ~._ _. ~;.~ ' I_' - '' .- y jq ~ .~z CF = 0.999934630 .. - 1____ ,611 r1 'f .' I ~ WIL1nD 1 ~l 1 ~ 1 bN N ~ ._ )MP. aoUTE zee - . a I III \ 7 _ m l KP TO VICYORVILEE N1--"TO RIVERSIDE... _ __11~1~~~~ ~~7,~C~i ~ I 111 b '. '- 1653.3BIm 15424.461 --~ -- i 3 -. u-~ar r ~..--_~ -:a:2 I Y =.. J... ~ ;L,r. '.-- _-.... :(_ _ ._ ___. I I ~ 1 ~-- NOI 3919E 151 %NppOm pp - (31532 ~ 1 I .n - N I - ~ 111 84rBD8Tl1y I Ii 18 I`4II I I I I I I ~m 1 - r EXIST ~/W ' ~_. a 1 ~' ~- NOf 39 19"W M1 1 li I y L 3 046 y 51 E ~ NR5 3d 3f W ~-~ -- 75 61Bm (240 I6 1 w ~ 2~'26^W 42372m N340H,~6 Im ) Rf-M49B0" 91A4m -- -' w a r N44'.50 OB'W OLIVE 5T 1 1 1 N00' 26'26"W 42.372m1 z ,M 1 \ , : 1 (30'.00'1 "` =-- - a I SJ40m (16 86'7._. __. .1. I VV m 1 -,.._ _.._ rF 101 NOf'39'ly°B_-P 1 iTa307rt':-1255.02'7 ~ _-.NV ~ I `~I "' ILR36m N 135{ `o 3B.727m 027 06'7 1 39 003m ,4l --l y .z ( 7~-~..-A u :v ,D I ~ 56:59 f ,W2f TI')-a-- o N00'26-5Bp 42.366m (139-04 L~ 1 i•74385=1 ~ N; 6 > 'm ro 1 -.~' ` - -- __.,'-~ _ _ w - -. r _ .. ~ w...!~ I .. 0=08'73'42' '- 4 .007m ~T - ~ ,!P L (15 8 = 1 R=10.668m, (35,00) '-"-'_ -'-'~ .1 T 399}5 17884 1 m~ {Rm 50.204m ~RT ,~I^ F Cs L=16.409m'154.109 z D t .fL IIMP RTE.2JS' ugl oNy 127+94761 I L 'TS I m z a ~ -- T a F61MP. RfE.215: 1 ~ n l N00 27 30 W - Q. _; 3 115-BC i x ~9 36 l 8'A -. 0- . 730"W 92.36D LIN u ~ /J ___ _~ m _ 175 -1 ~ u 1 0 w ~~ / D. 1 / Z ~~ O _ SNEET m -W F -_ ~7~_ SEE t w o m rc -.r t 8831 1 ~ 1 N3 40'17'E_ 5A 929m "! '~° 1 i ~ ,°'s - Mo ti v E IMP~DLIVE 5T N~ ~ leazt t 0'~P i0ti 1 ~ Ln m - _ o ~ C~ 1 13 _... a -LU I- N II a3 T91B09m (262.10 m In~P' 1 m° t 6m Ri. ~ y 17082 2 -' :^ 0+52171 337(92:357m '(138 95~w 2801'W 4 55 a oooP ~ ~9, .~ 41MP RTE. 215. °o \ - -- m 2~~1 BB28 1 ~ 1 ~ ~ ~ __ N E o 1 % __. ~N P IL O le < 3.`22 ' _ I u ~ ~, NB93016E~ ~(10429m 36 m 1 a 1 T ~-- ~~'_~- J3Bm01725.52'IK w I I ~ ~~. :,. , N =74(82 t `0 ~6?m4UB 001 °x~p~ Er (34x22 T ~ (p ON7 1 I ,.`- I w ~ (!b() 2~'S3 Y242.345 1 L-- , , ' -. ~- Tear-~~T"._. 1 '-' . '/ rsI ~RfMl-_-_.. PRC :((( tt_ ~~•~ 4~ M^ 3y, 1BH2ff-O /NE ~ 1 !/ R 1 ~ 11.T57m SEE 'DE'TAYL D1 ~ ~y ~ rt 1 L U m ` _ I ~ I 1 -,': .. I_ : SHEET 5A ~' ~~ 90:019m (179 u p+41.r~ 430.577 O a , E 1 m 17926-01- Nf10 29 OS aW A2.343m /l38 922 d I N00 29 OS'"W 42 34} D 1 m Ol 9P•819m 1177.991 •P- ~p 1 m ti LINE DATA TABLE "' 77.269m RT. ' ~~O I '+ ~ q = SNF£T 5A 4 B N0. BEARING DISTANCE 121+95.IOy I p"' v -w ^ ~ n SEE. a IMP. RTC 21~ I N3 I i \ OW -. 3. SHEE....+1 SA.A T Li NII"58'14"E 9.364m I30.i2'1 ~ _ _ '. (1 a ' " L8 Nn SB'14"E 9.364m IJO.T2'1 ,,-~ ` ~ 9 . p;m is 1~ iJ , " ,. -. °- _--- - 1 L9 NO 940'W 9.199m (30.00'1 LINE DATA TABLI I~ 1 ~' u e LIO N00 24'4(1"W 9.149m 130.00'1 b1 1 -"-~= ~'.,I o NOTES: c 4q LII N89'33'S2'E 0.134m (0.44'1 ND. BEARING Ol6T'- 'I + N 1.( ) 0.6. WRVEY ROOT LJO N89'3132'E R.962m 158.93'1 N6'S9'31"E 4.1051 I L L31 N89'31'32'E I7 1 '1 6 N89'31'32"E 905 I 1 I 2. m =METERS m b a L32 N00'29 90"W 18.2BBm 160.00'1 " 1 I ' l~f 3. [ ] =RECORD DATA - - _ L33 NII'SB'19'E IB72Bm 16L499 - I I~` ~ I r 4. ( ) :INVERSE DATA TO MON. ;wg L34 N2 IS'S1"E 14232m 146.69'1 ' ag go PARCEL STATE OF LALIFOPNIP ~ W GRANT011 REOUIR euswcss. rpANSPORUnaN ANO HoUSlrvc gccucr ¢ d ~ a a. ND. pEP1FTMENT OF TpAN$POfl TATION SD. METERS 5 - ~ a ^B„_, ELIAS fl. PALMA-ORTIZ 5864 RIGHT 0 F WAY M A P 17872-I JUAN C. OIAZ 586.2 t ~ E~ C G° 1873-I ROLAN00 PENH 586.1 t 8: R e e c 17074-1 ROBERT MITCHELL 632.9 METER 17877-I JOE 2AMRAND SB6.1 _ t ,1 0 25 50 75 I!1 17878-I MIGU L DORANT S TUX 86.2 :I \1/ e - 17882-I ANA M. OROZCO 5.7 8882-2 ANA M. 00.0X0 14.3 SCALE I: SOC ^BB2-3 ANA M. DR02C0 34.4 t- o - o 17884-1 BRENDA BENSKIN 989.9 t ~y- ITBBS-I RICOBERTO OUEVEDO 920.6 1' cmrema+es on ermos are on eczeo zone rs IEPOdn Isss.ol. melones v IB827-I AVELARDO MADRIGAL ET U% 649.1 I ens emeonmrr o ee pna aleronaa. uaxnPlr ey Laooosel+s r oeroln prouna O 0 - 18828-I MARIA CAPRA9C0 649.0 f. elsf once..cna vas emaonanxe Irani D.e.z.eexonpoanan asdTlane- ^ 18831-I DIANNE L. WALTER BOB.I n cnoooorrml=zp a e u Issx M I~ IBBl6-I MARGARITA ALMAN2A 2J.8 swolemanmro Inror,ea.mnen,µr e. oe.m~m from In. Darns. o.nee. 1' I -u 4 10836-2 MARGARITA ALMAN2A 15.6 wr..r erdncn ar alpm o or Fnplnearlnp erancm, eca w. FOVm se O C w ~ snn eernn.alno. ce. szaa ~ w ~ ( IBB3i-1 ROBALINDA R. NIETO BB6.1 v '. °I J S 19167-I JAVIER VALDEZ Ei UX 6.4 1 1 1 1 1 1 1 II I I I I I I I I.I I V I °I' E 19167-2 JAVIER VALDEZ ET uX IIA ACCESS PROHIBITED m 18 8 2 8-01-OI STATE DE CALIFORNIA V ' F a d I SOURCE OA-910 CHggGE OB-210 E. a. 007162 CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION .From: Valerie C. Ross,_ Director Subject: Public Hearing, 4:00 p.m. and Resolution Authorizing the execution of a Dept: Development Services Right of Way Contract with Caltrans and the execution of a Grant Deed relative to the sale Date: September 4, 2008 of City property located at the northwest comer of Base Line Street and "H" Street to Caltrans (APN 0145-221-09). File No.: 15.05-257 MCC Date: 09-15-2008 Synopsis of Previous Council Action: 09/02/2008 -Authorization to proceed was given to proceed with the sale of City property located at the northwest corner of Base Line Street and "H" Street, Resolution No. 2008-344 was adopted, determining fair market value and setting a public hearing relative to the proposed sale and directing the amendment of the FY 08-09 budget to increase the General Fund reserve. Recommended Motion: That the Public Hearing relative to the sale of City property, located at the northwest comer of Base Line Street and "H" Street (APN 0]45-221-09) to Caltrans, be conducted and closed; AND 2. Adopt Resolution. Valerie C. Ross Contact person: LASZLO "Les' POGASSY Staff Report, Maps, Supporting data attached: Summary Letter, Reso. FUNDING REQUIREMENTS: Amount: None Source: (Acct. NoJ N/A Council Notes: (Acct. Description) Phone: 5026 Ward: 2 Finance: Agenda Item No. °z CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing, 4:00 p.m. and Resolution Authorizing the execution of a Right of Way Contract with Caltrans and the execution of a Grant Deed relative to the sale of City property located at the northwest corner of Base Line Street and "H" Street to Caltrans (APN 0145-221-09). BACKGROUND: On September 2, 2008, staff was authorized to proceed with the sale of City owned property, located at the northwest corner of Base Line Street and "H" Street, to Caltrans and to publish a notice of public hearing on the proposed sale of such City owned property. In January, 2007, Development Services was notified by the State of California, Department of Transportation (Caltrans), of its intent to purchase this property for the I-215 freeway widening project. The site contains two structures consisting of a fire engine repair facility and a former fire station that is currently used for equipment and supply storage. In September 2007, Caltrans made an offer to purchase the property including all permanent structures and improvements in the amount for $980,000. The City obtained its own appraisal, which made a determination of fair mazket value in the amount of $1,430,000. Since the acquisition of this site also includes relocation of the fire repair facility, the City retained Califomia Properties Specialist, Ina (CPSI), a relocation consulting firm that specializes in property negotiations and relocation issues, to negotiate the sale and relocation issues on behalf of the City. Although Caltrans has now agreed to the pay the full amount of the City's appraisal of $1,430,000, the relocation costs are separately addressed in State taw and Caltrans regulations. The City will be reimbursed by Caltrans for all eligible relocation expenses that have been properly procured and documented by the Fire Department. The initial relocation expenses will be paid directly by Caltrans on a "claims" basis to thus eliminate the need for the City to advance relocation costs at this time. After the real estate purchase by Caltrans has been completed and the sales proceeds are disbursed to the City, thereafter the City will need to advance other eligible relocation costs and seek reimbursement from Caltrans. The California Transportation Commission adopted a Resolution of Necessity in May 2008, as the initial procedural step to acquire this property, and based upon discussions with Caltrans staff on August 27, 2008, Caltrans has neither filed nor served any complaint in eminent domain upon the City to proceed with the acquisition of this property through court proceedings. On September 2, 2008, Resolution No. 2008-344 was adopted, establishing the fair mazket value of $1,430,000 for the property, and set a public hearing for September 15, 2008, as required by Government Code Section 37420, et seq. The Resolution was published in the Sun newspaper and was also posted on the property, as required by law. r, The attached Resolution authorizes the execution of a Right of Way Contract with Caltrans and the execution of a Grand Deed. If approved, the City and Caltrans will enter into an escroN~ agreement. Caltrans will pay all escrow and closing costs for this transaction and thus the City's net revenue from the sale will be $1,430,000. Caltrans has also agreed to pay the City's relocation costs on a "claims" basis thus eliminating the requirement for the City at this time to advance any funds prior to the close of escrow and receipt of the purchase price proceeds by the City from Caltrans. FINANCIAL IMPACT: Since all escro~~~ and closing costs will be paid by Caltrans per the terms of the Right of Way Contract, the Citti~ will receive the full $1,430,000 from the property sale. Since $800,000 of this sales revenue was used to help balance the City's FY 08-09 budget, this amount has already been factored into the final FY 08-09 budget. The balance of the property sale revenue of $630,000 ($1,430,000 - $800,000 = $630,000) is included in the FY 08-09 and will be placed into the City's budget reserve to be appropriated for a replacement fire maintenance facility when needed as authorized on September 2, 2008. RECOMMENDATION: That the hearing be conducted and closed and the attached resolution be adopted. Attachments: - Vicinity Map - Site Map - Resolution VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION ® indicates un-incorporated areas within City's Sphere of Influence PROPOSED SALE OF CITY PROPERTY LOCATED AT THE NORTHWEST CORNER OF BASE LINE STREET AND "H" STREET (FIRE REPAIR FACILITY) TO CALTRANS Created by: LQ5Z/o ~oga55y ~ Date: o~-w rn CITY PROPERTY PROPOSED TO BE SOLD (35,636 SO. FT. ±) Por. LOT 8 BLK 36 R.S.B. M.B. 7/2 Q W W LL ~_ N (3ze.o4 ) - - - - 340 t' - - - - . R•~SA 1~,'4 ~g 145-221-0 -$ge 8 304 01 N 84 06' S6" W BASE LINE SO' 130' H W W H I I in - ~ STREET a I 30' 30' 2 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES REAL PROPERTY SECTION CREATED BY: L. ~OC~Q55'/ DATE: 8~~3~08 CHECKED BY' 1~ , ~Q(1~OVQ~ DATE: 8~I3~O8 PROPOSED SALE OF CITY PROPERTY LOCATED ON THE NORTHWEST CORNER OF BASE LINE STREET AND "H"STREET (APN 0145-221-09, FIRE REPAIR FACILITY) TO CALTRANS. FII F Nn • 15.(15-257 I SHEET 1 OF 1 '' 1 2 3 4 5 6 7 8 9 RESOLUTION NO RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE EXECUTION OF .4 RIGHT OF WAY CONTRACT WITH THE i STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, AND THE EXECUTION OF A GRANT DEED FOR THE SALE OF C[TY OWNED REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF BASE LINE STREET AND "H" STREET IN THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF S.4N BERNARDINO AS FOLLOWS: SECTION I. That the City Manager of the City of San Bernardino is hereby directed and authorized to execute on behalf of the City, a Right of Way Contract with the State of California 111 12 13 14 15 16 17 18 19 20 21 Department of Transportation ("Caltrans"), a copy of which is attached hereto as Exhibit "I"and made a part hereof, for the sale of certain City owned property located on the northwest corner of Base Line Street and "H" Street, in the City of San Bernardino, being a parcel of land referenced as Assessor's Parcel Number 0145-221-09, and is more fully described in a Grant Deed, attached hereto as Exhibit " 2" and made a part hereof. SECTION 2. That the Mayor of the City of San Bernardino is hereby directed and authorized to execute on behalf of the City, said Grant Deed relative to Fhe sale of City property, a copy of which is attached hereto as said Exhibit " 2". SECTION 3. Said Agreement shall be null and void if either party fails to execute the Agreement within sixty (60) days after the date of adoption of this Resolution. 23 24 /;/ 25 /~/ 26 27 28 o9;io,oa 1 2 3 4 5 6 7 8 9 10 11 12 13j 15 17 18 21 22 23 Approved as to Form: JAMES F. PENMAN, City Attorney RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE EXECUTION OF A RIGHT OF WAY CONTRACT WITH THE STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION, AND THE EXECUTION OF A GRANT DEED FOR THE SALE OF CITY OWNED REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF BASE LINE STREET AND "H" STREET IN THE CITY OF SAN BERNARDINO. I HEREBY CERTIFY" that the foregoing resolution was duly adopted by the Mayor and ~ Common Council of the City of San Bernardino at a held on the day of Council Members: ESTRADA BAXTER BRINKER DERRY KELLEY JOFINSON MCCAMMACK The foregoing resolution is hereby approved this meeting thereof . 2008, by the following vote, to wit: AYES NAYS ABSTAIN` .ABSENT 09%10/08 2 City Clerk day of 2008. PATRICK J. MORRIS, Mayor City of San Bernardino STAiE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION RIGHT OF WAY CONTRACT -STATE HIGHWAY RW 8-31Rev 6/95) San Bemardino, CaliComia DISTRICT COLSTY ROCTE POST MILE WW E.A. 8 SBD 215 13.04 (KP) 0071 V9 1007169) 2008 CITY OF SAN BE2~ARDL~~Q, A ML'SICIPAL CORPORATION Grantor(s) Document No. 17925-1 in the form of a Grant Deed covering the property particularly described in the above instruments have been executed and delivered to Keith Williams, Associate Right of Way Agent for [he State of California. l . In consideration of which, and the other considerations hereinafter set forth, i[ is mutually agreed as follows: (A) The parties have herein set forth [he whole of their agreement, with the exception of Relocation Benefits. The performance of this agreement constitutes the entire consideration for said doctunent and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. (B) Grantee requires said property described in Document No. 17925-1 for State highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor(s) is compelled to sell, and Grantee is compelled to acquire [he property. (C) Both Grantor(s) and Grantee recognize [he expense, time, effort, and risk to both parties in detemtining the compensation for the property by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 2. The State shall: (A) Pay [he undersigned grantor(s) the stun of $1,430,000.00 for [he property or interest conveyed by above document(s) when title to said property vests in the State free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or tmrecorded), and taxes except: a. Taxes for the tax year in which this escrow closes shall be cleared and paid m the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid a[ the close of escrow. b. Covenants, conditions, restrictions and reservations of record, or contained in the above-referenced document. c. Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any. d. A document subject to all [he [emus, provisions and conditions therein contained.; Entitled: Grant Deed; Dated: July 24, 1962; By and Between :George N. Voss and Lila A. Voss, husband and wife and City of San Bemardino, a Municipal Corporation; Recorded: August 27, 1962 as instrument No. 5757, Page 607 of Official Records e. Any boundary discrepancies, right or claims which [nay exist or arise as disclosed by a Record of Survey; Record of Survey No. OS-272; Recorded January 18, 2007 as Instrument No.2007-0035575, Official Records in Book 129, Pages 30-51 (B) Pay all escrow and recording fees incurzed in this transaction and, if title insurance is desired by the State, the premium charged therefor. (C) Have the authority to deduct and pay from the amount shown in Clause 2(A) above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and'or delinquent and non delinquent assessments which have become a lien at the close of escrow. 3. In consideration of the State's waiving the defects and imperfections in the record title, the as set forth in Clause 2(A), the tndersigned Grantor(s) covenants and agrees to indemnify and hold the State of California harmless from any and all EXHIBIT "1" f" RIGHT OF WAY CONTRACT - S~ ATE HIGHWAY (Cont.) RW A-3 /Rev. 6/951 claims that other parties may make or assert on the title to the premises. The Grantor's obligation herein to indemnify the State shall not exceed the amount paid to the Grantor(s) under this contract. 4. Should the property be materially destroyed by Fre, earthquake or other calamity without the fault of either party, this contract may be rescinded by State; in such an event, State may reappraise the property and make an offer thereon. All risk of loss will shift to the Grantee when title has transferred, or when Grantee agrees to take possession, whichever occurs first. Possession is deemed to be transferred to Grantee when Grantor has vacated the premises, whether or not Grantee has taken actual physical possession of [he property. 5. It is understood and agreed by and between the parties hereto that payment shown in clause 2(A) above inc]udes payment to grantor for certain improvements located partly within and partly without [he right of way azea. Said itnprorements consists of a Main Shop consistine of 5 S~SSF ealvanized metal buildine. inclusive of the service bav. 2 hydraulic lifts 500 eallon clarifvine undereround tank. ]0 x 12 metal door mto mam shoe Onen mezzanine azea 10 x 80, restroom with shower 2 sinks toilet and lockers 40FT high cedme wtth steel beams (41 10 x 12 metal shdme doors. 10 x 12 break room tool room main office and parts room 50 eallon wa[erheater concrete floorine 4FT dram hnk fencm¢ alon south property line and a 3FT block wall along north line combination asphalt and concrete paving. 8-asphalt Waved oazkine spaces with bumoers and striping metal pitched roof exterior Gehring and interior fluorescent lighting, and concrete secondary containment area Fonrner Fire Station consisting of a 7 487SF concrete block building. 6. Grantor(s) warrant(s) that there aze no oral or written leases on all or any portion of the property exceeding a period of one month, and the Grantor(s) further agree(s) to hold the Slate hamrless and reimburse the State for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor(s) for a period exceeding one month. 7. State agrees to indemnify and hold harmless the Grantor(s) from any liability arising out of State's operations under this agreement. Stale further agrees to assume responsibility for any damages proximately caused by reason of State's operations under this agreement and State, will, at its option, either repair or pay for such damage. 8. With the exception of Relocation Benefits, it is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State, including [he right to remove and dispose of improvements, if any, shall commence on October 31, 2008 ,and that the amount shown in clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. 9. The acquisition price of the property being acquired in this transaction reflects [he fair-market value of the property without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazazdous waste which requires mitigation under Federal or State law, the State may elect to recover its cleanup costs from those who caused or contributed to the contamination. 10. This transaction will be handled through an escrow with LandAmerica Commonwealth Land Title Cotrtpany, 27290 Madison Avenue, Suite 300, Temecula, California 92590, Litigation Guarantee 02130146, Escrow Number 2755386. 2 RIGHT OF WAY CONTRACT -STATE HIGHWAY (Cont.) RW 8-3 (Rev. 6195) In Witness Whereof, the parties have executed this agreement the day and year first above written. CITY OF SAN BERNARDINO~ A MUNICIPAL CORPORATION By Fred W ilson Its Ciry Manager RECOMMENDED FOR APPROVAL: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: Keith Williams Associate Right of Way Agent Acquisition-District 8 By: Barbaza Baemstein Senior Right of Way Agent Acquisition-District 8 Approved By: sy Patricia L. Smith Right of Way Project Delivery Manager District 8 Southern Right of Way Region Date: No Obligation Other Than Those Se[ Forth Herein Will Be Recognized. 3 RECORDING REQUESTED BY When Recorded Mail To STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 464 W. 4~" STREET, 6~" FLOOR SAN BERNARDINO, CA 92401-1400 Attention C.R. Beckley - MS 648 FREE RECORDING: This instrument is for the benefit of The State of California, and is entitled to be recorded without fee.(Govt. Code 6103) GRANT DEED (CORPORATION) mis une ror rcewraer s use District Coun Route Kilo Post Number 08 SBd 215 13.04 17925 CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION a corporation organized And existing under and by virtue of the laws of the State of CALIFORNIA ,does hereby GRANT to the STATE OF CALIFORNIA, all that real property in the Citv of San Bernardino , County of San Bernardino ,State of California, described as: All those lands as conveyed in the Grant Deeds to the City of San Bernardino, recorded on January 5, 1962 in Book 5625, page 356 of official records of San Bernardino County and recorded on August 27, 1962 in Book 5757, page 607 of Official Records of Said County, said Grant Deeds being reiterated in Exhibit "A". EXHIBIT " 2" O8-SBd-2l5-KP 13.04-17925 (17925-1) Fcrm RW 6-1(D) (Revised 08/O6) H:xtiiarr••A,. I itat porti~m oC Lot S in t3luck 36 of the Rancho Seto Rcmardinu, in the County of San Dernardino, State of California, as per mop recorded in fiuuk 7, page 2, of ~4aps, records of said County, ile,crtbcd us tbllows RHGINNING at a point in the W'cst lint of the land descrihed as Parcel ~ in the Final Order of c'nndentnation ontcred August ~'. 1958, in the Superior Court of the State of California in and fur ~hc C'ounty ttf S.m [3cmardino, Case tio. 89930, (a xrtified copy thereof having been ncordc~i AuKus[ 3G. It)~8, in (look ~}i88, page 2d1 of Official Rcarnls of said Cowtty), distant thereon S'nrtherly 30,7 feet from the Southwest comer thcr«tf; thence Northerly along the Westerly line of card parcel >, I00.00 feet; thence due Wcst 330.(10 feet, more or less, to the Easterly' line of the Iand descnbcd as P:>rcel 3 in the above referred io Order of Condemnation ;thence Southerly Gong ,;ud easterly line of said Parcel 3 n, its inrerseetiun with the end of that certain curve descrihed in I'arccl d of the rcfetrcd n? Order of Condemnation described therein as "thence along a tangent curve concave Nurtheaxterly with a radius of 35.0(1 feet, through an angle of 48° 34' I8" a dist:mce of ?J.10 feet" thutce Suuthcasmrly a6mg said curve to the heginning point thereof as described in -:ud Parcel 4; thence along the Northerly line of said Parcel 4, South 34° OS'S6" East, 3(k3.dl fact to the point ofhcginning. I~hat p.+rtion of Lot S. Block 36, Rancho San 13crnardinn, as per plat thcrcof recorded in Dook 7 of \-?cps, page ?, rec.+n(s of the County Recorder uF San I3crnardino Cowtty, described as titllows; L'I:(;INNING at a point. ;aid point being the Northeast comer uC that certain pmeel of Iand urnveyed to the City of San 13em:udinu, a municipal curporttion, by deed recorded 1:muary 5, 1942, m Bixik ^62?. page lib, Otticial Records of said Cuuuty, said point being 130.7] feet \orthcrly from the Southwest corner of th;u certain parcel of Iand described as Parcel 5 in the Final Order of l`undemn;tuon antered Atr_uet 22, 198, in the Superior Cutrt of the Stine of California, m and titr the Cuuitty of San L3ernardin+t. Case Nn. Yr)9?0, (a certifi~i copy thcrcof having been n:curded August Sri, 1'~i8, .n F3nuk ~t588. page i'll. Otlicial Records nfsaid County): thence North ilong the 14est line of :;aid Parcel 5, a distance of ?5.00 [eet ;thence due West and parallel wrth the Vorth line of uud City property, to the Last lino of the land dcsorihed os Parcel 3 in the above rcfcnal to Final Order ~tf ('ondemnation ; thrn.c Southerly along said East line of Parcel 3 to the 'J~+rthwcst canter ~rf ~;tid l ity propcrn: thence du,: Last :dung the North line of ,aid City property, dtuance of 14Rfi0 feet, omre or lee; try the point oiFe~mning. iR-Sl)d-_' ~ c-r.P i~ +I~t-~. -ry-'-j I I'O ):_ 1 I Numbs 17925-1 IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be affixed hereto, this day of , 20_. CITY OF SAti BERNARDItiO By: PATRICK J. MORRIS /ts Mavor Grantor STATE OF CALIFORNIA ACKNOWLEDGMENT Counryof ~ SS On trris the day of 20 ~ before me, Name and Ttle of the Officer-E.G., "Jane Doe, Notary Public' personally appeared (Name of person(s) signing) who proved to me on Ne basis of satisfactory evidence to be the person(s) whose name(s) _ islare subscribed to the within instrument and acknowledged to me that he/shetthey exeated the same in his/her/their authodzed ppadty(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, exeated the Instrument. I certify under PENALTY OF PERJURY under Cte laws of the State of Califomia that the foregoing paragraph is We and correct WITNESS my hand and official seal. (Notary Public's signature in and for said County and State) or stamp) THIS IS TO CERTIFY, That the State of Califomia, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to tha recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day , 20 WILL KEMPTON Director of Transportation sy PATRICIA L. SMITH, Attorney in Fact Right of Way Project Delivery Manager District 8 Form RW 6-1IDl IRee~sed 0806) P,ECORDiQG REQUESTED BY When Recorded Mail To STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 464 W. 4'° STREET, 6'" FLOOR SAN BERNARDINO, CA 92401-1400 Attention C.R. Beckley - MS 648 FREE RECORDING: This instrument is for the beneft of The State of California, and is entilletl to be recorded without fee.(Govt. Code 6103) above this line GRANT DEED (CORPORATION) District Count Route Kilo Post Number O8 SBd 215 13.04 17925 CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION a corporation organized And existing under and by virtue of the laws of the State of CALIFORNIA ,does hereby GRANT to the STATE OF CALIFORNIA, all that real property in the Citv of San Bernardino , County of San Bernardino ,State of California, described as: All those lands as conveyed in the Grant Deeds to the City of San Bernardino, recorded on January 5, 1962 in Book 5625, page 356 of official records of San Bernardino County and recorded on August 27, 1962 in Book 5757, page 607 of Official Records of Said County, said Grant Deeds being reiterated in Exhibit "A". 08-SBd-215-KP 13.04-17925 (17925-1) Form RW 6-1(D) (Revised 08/06) rxnt[~rr ••a'• 'wi ~nn'ti+v~ ~,f f_ot ~ in L3(ock ±6 ++Cthc Rancho San Bcnuudinu, in the C'orutty of San [3crnarclino. Sr.d~. ~,f t LliiLmiu, as ~,cr m;q~ recnnicd in Rn++k 7, ~utgc ?. of ~1aps. rccrn~ds of said County, +Irscnbrd as tc+Ilo~es Rf.GINVIVG at point in the West tine of rho land described as Parcel ~ in the Final Order of +.`ondcmn~ttirm entered August .'_', 1458, in the Supenur Court ofthe State of Califomia in and tirr ilic County of tiara Bem:irdino, Cave ~'o. R99;0, is certified copy (hereof having been recorded \u~~ust 36. I~is3, in book =1588. page 241 0l Official Records of said County), distant thereon ~orihcrly +(L79 tcet hum the Southwest comer thercYrf: thence Northerly along the Westerly line o' sand parcel ~. 100.00 feet; thence der West 340.00 fret, more ur less, to thr fiasterly line of the !said tlrscrhed :u 1'areel ~ in the nbu~'e rafcncd to Order ofCondemnation :thence Southerly alone ~:ud rasterh~ brae of said Parcel 3 [u its intersection kith the end of that certain curve described in P:v~el 4 of the refun~ed to Order of C~.mdemnatiu^ described therein as "thence along a tangent r~_u~e crmcuce Northeu,terly with a radius of 35.00 feet, through an angle of 88° 34' 18" a distance ~~f ~4 I U ices" thcncr Southeustcrly along said curve to the beginning point thereof as described in paid Parcel 4: (hence ah,ng the '~iorthorly line of Said Parcel 4, South 84° 08'96" East, 304.x1 foot ,.. the point of hc~innin;. Thai passion +~f Lot 8. Rork 3(. Ranch~~ tiara Rumardino, as per plat thereof recorded in Book 7 of \4,ipc. page .'._ ; eu.rd: uC the t'ouv?}~ Recorder e(San i3crntudino County, desuribed as follows; 131~C;Iti;~ING at a point, said puittl being the Northeast corner of that certain parcel of land run~.c}cd ter the ('sty of Sun Bcmantino, a municipal n+rporatiun. by decd ree~orded January 5, ~ui~', ur t3ook SG.-'9. page 35(x. Ofi3ciul krcord, of said County, said porn! being 130.1] feet tiorrherl}~ tiom il;c Southwest comer of that certain parcel of land described as Parcel S in the final Onicr of Condenm;uicat entered August 22, 1418, in the Superior Courl of the Stato of California, ur ;nxi for the C'nunry o1 San 13ernardinu. (.'asr. No..59930. to certified aipy thereof having been ca+rdul August 3e• 19SS, in F3ook -J55?i, page_41, Otllcial Records of said Chanty): thence North .June dtc lb'est line of ;aid Parcel 5, a Distance of _'5.00 feet ;thence dux West and parallel with liu• North line of said <'ity property- io the 6tis~t line of the land described as Parcel 3 in [he above rcfcn~rd w Final Order of Condemnation : rhancc Southerly along said Fasf lint of Parcel 3 to the "dorthucst comer ot~ paid City prupcrn~: thence due Gcst slung tlto Norlh line of said C'ih~ property, ,: +lio;ance +~f ><3r).u0 I~et, mare nr iess kt the p~riM ~>ihcgmning. !IS-SBd-215-~P iln4_~~tr~51i^gs5_1~ Numh~r 17925-1 IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be affixed hereto, this day of , 20_ CITY OF SAti BERtiARDI~10 By: PATRICK J. MORRIS Its Mavor Grantor STATE OF CALIFORNIA ACKNOWLEDGMENT Counyof ? SS On this Ne day or 111 20 , before me, Name and Title of the Officer-E.G., 'Jane Doe. Notary PuDllc' personally appeared (Name of person(s) signing) who proved to me on the basis of satisfactory eNdence to be the person(s) whose name(s) _ is/are subscdbed to the within insWmenl and acknowledged to me that he/she/they exewted the same in his/her/their authorized capadry(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behall of which the person(s) acted, executed the instrument I ceNfy under PENALTY OF PERJURY under the laws of the State of California that the facgoing paragraph is We and correct. WITNESS my hand and official seal. (Notary Public's signature in and for said County and State) ffor notary seal or stamp) THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day , 20 WILL KEMPTON Director of Transportation By PATRICIA L. SMITH, Attorney in Fact Right of Way Project Delivery Manager District 8 c,.,... o,ni a_„~, rrao,.~~an na nos