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HomeMy WebLinkAbout12-Development Services ORIGiNAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Dept: Development Services Subject: Resolution repealing Resolution 2008-394 and authorizing 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). Date: April 15, 2009 File No. : 15.05-257 MCC Date: 04-20-2009 Synopsis of Previous Council Action: 10-06-2008 - Public hearing was closed and Resolution No. 2008-394 was adopted, approving the execution of a right of way contract with Caltrans. 09-15-2008 - Public hearing was continued to 10-6-2008. 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: Adopt Resolution. fi.Ltut; (/, ?w Valerie C. Ross Contact person: LASZLO "Les" FOGASSY Phone: 5026 Supporting data attached: Staff Report, Maps, Reso. Ward: 2 FUNDING REQUIREMENTS: Amount: None Source: (Acc!. No.) N/A (Acc!. Description) Finance: Council Notes: 2.:,,,, 2,'ov-?S Agenda Item No. -.-12- '4.. 20..0Q CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution repealing Resolution 2008-394 and authorizing 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: 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 1-215 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. 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, Inc. (CPSI), a firm that specializes in dealing with 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 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, 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. On September 15,2008, the public hearing was continued to October 6,2008, at which time the public hearing was closed and Resolution No. 2008-394 was adopted, authorizing the execution ofa Right of Way Contract with Caltrans and the execution ofa Grand Deed. Subsequently, Caltrans rescinded their offer and filed for an eminent domain action. After negotiating with the City for several months, Caltrans has agreed to purchase the property for their previous offer of $1,430,000. A copy of the new executed Right of Way Contract is attached as Exhibit "I" to the Resolution. Caltrans and the City will enter into escrow. Caltrans will pay all escrow and closing costs. The action on October 6, 2008, also included an amendment to the FY 08-09 budget to use $800,000 from the sales proceeds to help balance the FY 08-09 budget, with the remaining $630,000 to be used to fund portions of a replacement site for the fire maintenance facility. FINANCIAL IMPACT: $800,000 to be placed into the General Fund, with the balance of $630,000 to be appropriated for a replacement fire maintenance facility. RECOMMENDA nON: Adopt resolution. Attachments: - Vicinity Map - Site Map - Resolution -,..., , , ~i'" 5th St. Mill St. LOCA TlON OF CITY PROPERTY PROPOSED TO BE SOLD TO CAL TRANS CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION ~ indicates un-incorporated areas ~ within City's Sphere of Influence A TT ACH:\'IENT I No Scale ~ ... ~ o c o u ~ Q. Orangs Show Rd. e "' . VICINITY MAP PROPOSED SALE OF CITY PROPERTY LOCATED AT THE NORTHWEST CORNER OF BASE LINE STREET AND "H" STREET (FIRE REPAIR F ACILI TY) TO CALTRANS Created by: La?z/o F oqa??y Date: Ob-2bC/! 'i CITY PROPERTY PROPOSED TO BE SOLD (35,636 SQ, FT. ;1;) Por. LOT 8 BLK 36 R.S.B. M.B. 7/2 (329.04') - - 340~ ~ UJ UJ 0:: LL. ~'''':~~a.;\d",-a: ,rb \".-7'# :r Q" CJ:!145-221-0lD JO..01' N .4" , 08 "". W L() ..... ~ BASE LINE CITY OF SAN BERNARDINO DEVELOPMENT SERVICES REAL PROPERTY SECTION CREATED BY: t, Foqa!5!5Y DATE: 8//5/08 CHECKED BY: f(, 5andova/ DATE: 8//5/08 50' 30' I- UJ UJ 0:: I- en l:l ~ I I ~ '" N :;: '" "! :;: I 30YO' I ATTACH'IENT 2 STREET SCALE: 1"=100' PROPOSED SALE OF CITY PROPERTY LOCATED ON THE NORTHWEST CORNER OF BASE LINE STREET AND "H"STREET eAPN 0145-221-09. FIRE REPAIR FACILITY) TO CALTRANS. FILE NO, : 15,05-257 SHEET 1 OF 1 ((QJ[P1[ 1 RESOLUTION "10. 2 RESOLUTION OF THE CITY OF SAN BER.'iARDINO REPEALlNC 3 RESOLlTIO"I NO. 2008-39.t A"ID DIRECTING A:"iD AUTHORIZPiG THE EXECUTION OF A GRANT DEED fOR THE SALE Of CITY O\Vl'iED REAL 4 PROPERTY LOCA TED AT THE NORTHWEST COR"IER OF BASE LINE STREET AND "W STREET IN THE CITY OF SAN BER.'iARDINO TO THE CALIFORl'iIA 5 DEPARH1ENT OF TRANSPORTATION. 6 BE IT RESOLVED BY THE MAYOR A:"iD COMMO:\' COUl'iCIL OF THE CITY 7 OF SAN BER.'iARDINO AS FOLLOWS: 8 SECTION 1. That Resolution No. 2008-39.t. adopted on October 6. 2008. entitled: 9 "RESOLL'TION OF THE CITY Of SAN BER.;'\'ARDINO DIRECTING A\"D 10 AUTHORIZING THE EXECUTION OF A RIGHT OF WAY CO:"iTR.~CT WITH THE STATE Of CALIFOR.1'I/IA DEPARTMENT OF TRANSPORTATIO"l AND THE 11 EXECUTION Of A GRANT DEED FOR THE SALE Of CITY OWNED REAL PROPERTY LOCATED AT THE NORTHWEST COR.;'iER OF BASE LINE STREET 12 AND "H" STREET IN THE CITY Of SAN BERNARDINO." 13 is hereby repealed. 14 15 SECTION 2. That the City Manager of the City of San Bernardino has executed on 16 behalf of the City. a Right of Way Contract \vith the State of California Department of 17 18 19 20 21 22 23 24 25 Transportation C'Caltrans""). a copy of which is attached hereto as Exhibit ""\"" and made a part hereof. for the sale of certain City owned property located on the northwest comer of Base Line Street and "H"" Street. in the City of San Bernardino. being a parcel of land referenced as Assessor's Parcel Number 01.t5-221-09. and is more fully described in a Grant Deed. attached hereto as Exhibit "2" and made a part hereof: and 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". 26 27 28 Lf-'Jo-o'l dt I 'J 0415,2009 RESOLLTION OF THE CITY OF SAN BERNARDINO REPEAUNG RESOLUTION NO. C008-394 AND DIRECTING AND ALTHORJZING THE EXECLTION OF A GRANT DEED FOR THE SALE OF CITY 1 OWNED REAL PROPERTY LOCATED AT THE NORTH\VEST CORNER OF BASE UNE STREET A1\D uW STREET 11' THE CITY OF SAN BERNARDII'O TO THE CAUFORNIA DEPARTMEl\T OF 2 TRANSPORTATION. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof 6 7 8 held on the day of . 2008. by the following Yote. to wit: Council :Vlembers: AYES :\A YS ABSTAI:\ ABSENT 9 EST~"DA 10 BAXTER 11 BRINKER 12 SHORETT 13 KELLEY 14 15 JO~SON 16 MCCAMMACK 17 18 19 20 21 22 23 24 25 26 2 City Clerk The foregoing resolution is hereby approwd this day of . 2008. PA TRICK J. MORRIS. Mayor City of San Bernardino Approyed as to Foml: ~ MES F. PENMAN. City Attorney 28 04;1 5 09 c EXHIBIT "I" CAL TR.\NS RIGHT OF WAY CO'\TR.\CT SYATE OF CALIFORNIA' DEPARTMENT OF TRANSPORTATION RIGHT OF WAY CONTRACT - STATE HIGHWAY RW 8-3 (Rev. 6/95) San Bernardino, California DISTRICT COUNTY I ROUTE I POST MILE SBD I 215 13.04 (KP) 8 ,2009 CITY OF SAN BERNARDINO. A MUNIC1PAL 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 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. 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 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 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 allliens, encumbrances, assessments, easements and leases (recorded and/or unrecorded), and taxes 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 dose 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 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 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. 05-272; Recorded January 18,2007 as Instrument No. 2007-0035575, Officlal 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. RIGHT OF WAY CONTRACT - STATE HIGHWAY (Cant.) RIJI.,r 8-3 (Rev. 6/95) 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 claims that other parties may make or assert on the title to the premises. The Grantor's obligation herein to indemnify the State shan not exceed the amount paid to the 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 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 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 imorovements consists of: a Main Shoo consisting of 5.538SF e:alvanized metal building, inclusive of the service bay. 2 hydraulic lifts. 10 x 12 metal door into main shoo. Onen mezzanine area 10 x 80. restroom with shower. 2-sinks. toilet and lockers. 40B high ceilim: with steel beams. (4) 10 x 12 metal sliding doors. 10 x 12 break room. tool room. main office and Darts room. 50 !:wllon water heater. concrete flooring, 4FT chain link fencing along south mooem line and a 3FT block wall along north line. combination asohalt and concrete oaving. 8-asohalt oaved Darking soaces with bumoers and striDing. metal Ditched roof. exterior lighting and interior fluorescent lighting. and concrete secondarv containment area: Former Fire Station conSIsting of a 7.487SF concrete block building. 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 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 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 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 the right to remove and dispose of improvements, if any, shall commence on June 1. 2009, and that the amount shown in clause 2(A) herein includes, but is not limited to, full payment for sllch 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 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 Lawyers Title Company, 41540 Winchester Road, Suite A, Temecula, California 92590, Litigation Guarantee 02130146, Escrow Number 2755386. 2 RIGHT OF WAY CONTRACT. STATE HIGHWAY (Cent.) P,W 8.3 (Rev. 6/95) In Witness Vlhereof, the parties have executed this agreement the day and year first above written. CITY OF SA!" BER"iARDINO, A MC:\ICIPAL CORPORATlO"i ::c ~f{jf#!1:L ~ ~ APPROVED AS TO FORM Xt}P.~Xlmry: City Attorney RECOMMENDED FOR APPROVAL: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: Keith Williams Associate Right of Way Agent Acquisition-District 8 By: Deena Lester Senior Right of Way Agent Acquisition-District 8 Approved By: By: Stephen M. Ran (Acting) Right of Way Project Delivery Manager District 8 Date: No Obligation Other Than Those Set Forth Herein Will Be Recognized. 3 EXHIBIT "2" GRANT DEED PECOROI 'G REQUESTEO BY Wher Recorded MaL To STATE OF CALIFORNIA DE?AR,MENT OF TRANSPORTATION 464 W, 4:~ STREET, 61~ FLOOR SAN BERNARDINO. CA 92401-'400 Attention CR. Beckley - MS 648 FREE RECORDING This Inst~umenl is for the benefit of The State of California. and is entitled to be recorded without fee.(Gav! Code 6103) Space above thiS line for Recorder's Use GRANT DEED (CORPORATION) District County Route Kilo Post Number i I 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" 08-SBd-215-KP 13.04-17925 (17925-1) Forrr RV;! 6-1(0) (Revised 08/06) Number II 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 SA:\ BER:\ARDi'-iO By: PA TRICK J ~IORRIS lis Mayor Grantor STATE OF CALIFORNIA On this the_day of } SS 20 _, before me, ACKNOWLEDGMENT County of Name and Title 01 the Officer-E.G., RJane Doe, Notary PublicR personally appeared (Name of pel1KJn(s) signing) who proved to me on the basis 01 satisfactory evidence to be the person(s) whose name(s) _ is/are subscribed to the within instrument and acknow1edged to me that _ he/she/they executed the same in _ hislher/their authorized capadty(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 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 By PATRICIA L. SMITH, Attorney in Fact Right of Way Project Delivery Manager District 8 For'T1 RW 6. ~ (D) (ReVlsed J8/06) EXHIBIT ..".. Til;f: p~\rtiiJr; (:of L~): S il1 Bl~.l;::k J(, or UK' H..a..nciw Sat: Bl.::l13.rdino. in the CvWl!Y of San BcrnarJin~l, ::,t~l!c Dr C;:lli~lrlljJ._ u;.: pel tnt.lp rc..:.urdcu in Bl\Uk. -. pag~' 2. of !\1aps. records of said Coumy. t1t.::icribeci as 1l)l1U\V,';: . BFG1~:N[:'iCi at " poin, in the West line 01 the lillld dcscribed as Parcel 5 in the Final Onler ot CllndcmnatitlI1 catered /\ugust 22. ] uSf;. in lh~ SurL~inr Ct1urt i.lf the Slate of California in and h), tile Counl" of San Bem:mlino. Case "0. W)9~O. la certified copy thereof h<lving been recorded 1\ugust 26. l':i5~, in B(10h 4:,8B. page 141 of On!cial Record::. of said COWlty). distant thereon :\nrthcrly ~(j'5 fecI fJ(@ the S()uthw'cst comer thereof: thencc Northerly along the WL'SK-rly linc Pi" sald parcel 5. ] i){l.Or: feet: thence duc' West 3-1iJ.OO ket. more or less. to the Easterl\' line of the ianJ described a5- Purl.:e] 3 in the al'HI\'C r~fcn'I-:J hI Ordl::- orCondcmnaliun : thence Southerly along "lid """terly line of suid Parcel 3 to Its inlersc"lion with the end of that ccrtain curve deserihed in Parcel 4 of {he rcfen'I..:~d to Order of Cundemnation described therein as ..tl1t~nce along a tangent ""n e c[meave N,Jrtheaslcr!v with a radius of 35.(1(1 feel, through an angle of 8H' 34' I S" a distance \~ r :\.~,l U ft:~'.I;" th~JKt.> Southcusterly along s::l1J curve lQ the beginning point thereof as described ill ",\(j Pared -1: thence <lllmg the Nmille,]y line of s,lid Parcel -1. South 840 O!-:'5(," East. 304.41 ket V" the point 'Jfb\:ginning ThJL pdnion ..,1' L~)t S. Block 30, Randw San Gernardmll. a:; per pIal thereof recorded in Book -; of \1aps. P"gc 2. records ,.f the County Recorder of San Bernardino COWlty. described as follows: BEGIl-;;-.JIN(j at a poim, said point being thc N,.rthe<lst comer of that certain parcel of land conveyed w the City of Sun Bcmunhnu. u municipal corporation. by deed recorded January 5, 19,;2, ill 13('0), 5625, page 356, Official R~emds ,,1' said County. said point being J30,75 feet Not1her!y from the Southwest comer of that certain parcel of land described as ParcelS in the Final Order of Condcmnntioll L'!1tcred August n. 1958. in the Superior Court of the State of Califomia, in and 1<.,1' the County of San Bell1ardi!lc, Case "-0. 89930. (a ce11ified copy thereof having been recorded August 26. ] 958, m Book 458H. page 2~ I. Otlkial Records of said COLUlty): thenee North along the West line of said p;]J'cel 5, a dist,mec of 25.00 feet: thence due West and p;]J'<dlel with ,he Norih line of smd City property, to the E~,I line or the land deserihed as Parcel 3 in the above refeITed 10 Final Order of Condemnation: thence Sl>utherly along said East line of Parcel 3 to the ""rthv:c'51 wmer of said City prupertv: thence due East along the North line of said City property, ~l djsraw.:e (~f 34(I,nO feeL TIwre or le:...s [0 the PI)i111 nf'hc~,.,nnjng nE;-SRd.~ 15-KP [.~,O-l- r ":()2:; (l:(r:2)-!) i PECORDi' 'G REQUESTED BY Wher Recorded Mai; To STATE O. 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 o~ The State of California, and is entitled to be recorded without lee (Govl Code 6103) Space above thiS line for Recorder's Use GRANT DEED (CORPORATION) District Coun~ Route Kilo Post Number I 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 City 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) (Revosed 08(06) Number 17925-1 IN WITNESS WHEREOF, said corporation has caused its corporate name 10 be hereunto subscribed and lis corporate seal to be affixed hereto, this day of ,20_ CITY OF SA:\ BER~ARDr-.;O By: P A TRICK J. \lORRIS Its Mavor Grantor STATE OF CALIFORNIA On this the_day of } SS 20 _, before me, ACKNOWLEDGMENT County of Name and TiUe 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 name{s) _ is/are subscribed to the within instrument and acknowledged to me that _ he/she/they executed the same in _ hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of Califomia 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 By PATRICIA L. SMITH, Attorney in Fact Right of Way Project Delivery Manager District 8 For'T1 R'N 6-1{J) (ReVIsed 08/06) EXl II Bn '.';.. Tll~l! p:.~!1i,)r: ("'.1' L(,~ ~~ ill Biu:::h :1C or the Rn..n:hc' SiLL B~:11ardirH). in the COWllY or San Bcm~:rULrl~l. ::-iak ~)f C;di;\.lrni~L U~ pel map fL'i.'t)rdcd in F:(\,:~j;. -:'. p,lgC 2. lIf \-1<11)5. records of said COllWY. dc:;'...:ri~'ed a.:.~ fl-,l1ow~~ BECiIW";!\Ci ," " p(lin: in the Wcst Ime 01 the lane! described as Parcel 5 in the Final OnJer 01 ('ondcmr.atitlTl e~1tereJ AtigUS! 22. ] lj5~,. in th: Supe:lor Court l'lfthe State of California in and for th'_' Count\' of San Bcrn:mlino. Case };" X~930. (:1 c~rtifi"d copy thlTcof ha\'ing bccn rccorded ,t".ugust 2{1. 1 q5~. in Book 4S8S. page 2--l) or Officml Rc-.:ord~ of said COWlty). chst.1nt thtTeOli r\\lrthcrly :;0:5 feet from thl' Sllut!nvc:;t L:-un1e:- the:-cof" th['nc~' l'\ortht.>rly aiong the 'v\.'cstL"fI;; tine of s~litl pllrccl 5. 10n.On feeL thence uu:..' \\'cst ~4(d)(} ki:t more Uf less. to the: Easterly line ()f the land ciescrihcd a~ Paree! 3 in t11c uboyc rcfcrn.:J tli Order of Condcmnatll)f'l : thence Southerly along S,lld caster1;: lmi.' of suiJ Parcd 3 tn lts inlcl:-it:dion witn the end vI' that certain curve descrihed in Parcel -4 of the rcfelTed to Order of CundcJ1lnatinl1 de~;criht:d then.:in a~~ "th~ncc along a tnngcl1t L'.Uf'.C C'Clncave Northeaster!y with :l radius 0f 35,00 feet. through an angle of 8W' 34' 1 S" a dist<mcc ~d. ~,~.1 iJ fe;.'I;" Ih~;1Ce SouthcJ:,;terl) alung sai.:! curV( ll' the beginning point thereof as described ill snuJ P:.m.;t'J 4: th~nc(: alung tlw :-.JorthcrJy hnc uf s.Hd Parcel 4, South 84'"' O~'5G" East. 304.4] r....el tn the point nfhcgillning. Theil ""nio" (,r Lot S. Block 36. Randle' San 8ernarduw. as per pial thercllf recorded in Book 7 of \'laps. pa);c 2. record, (,f the County Rccorder of San Bernardino County. described as follows: Si:Gll\NIN(j at a poim. said pomt bein~ thc \(!rtheast comer or that certain parcel of land \.'onvcyed tc~ the City of Sun Bcmanlinu. u mUDli.:ipal t:L1rporation. by deed recorded January 5, 1962. in Book 5625. page 356, Olliciul Records of said County. said poinl being 130.75 feet ,<orthcrly from the Southwest corner of III at certain parcel of land described as ParcelS in the Final Order of Cl'udell1llatioll L'!ltered August n. 195~:. jn the Superior Court of the State of Califomia, in and Ie'r the Count)' of San Bernardino. C"se No N9930. (a cenified copy thercof having been rewrdcd August 26. ] 9S8, 111 Book 4588. page 241. Onicial Records of said County): thence North along The WeST line of said Parcel 5, a distance of 25.()() teet: thence due West and parallel with the North line of said City property. to the East line of the land dcseribed as Parc"l 3 in the above referred 10 Fild Order of Condemnation: thence Southerly along said East line of Parcel 3 to the Northwesl comer of ,aid City prorertv~ thencl' duL' Eas: along the North line of said City property. D distance- C'f340.nO feet. mC1r.;: (If less w the Pl}illl pj'beginning OE.SBd':::lS-KP L;.!)4.:'o25 (]:l(~~_l)