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HomeMy WebLinkAboutR25- Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Ann Harris,Director SUBJECT: AMENDMENT NO. 1 TO Business Retention,Recruitment&Recital SUPPLEMENTAL EASEMENT AGREEMENT BY AND BETWEEN DATE: Much 7,2000 O R f �1fA�'fl CI Y OF SAN ERNARDINO AND HE THE SAN BERNARDINO COUNTY LAW LIBRARY BOARD OF TRUSTEES Synopsis of Previous Commission/Council/Committee Action(s): Recommended Motion(s): (Community Development Commission) MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION,AS THE GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING AND ACCEPTING AMENDMENT NO. 1 TO SUPPLEMENTAL EASEMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDNO AND THE SAN BERNARDINO COUNTY LAW LIBRARY BOARD OF TRUSTEES Contact Person(s): Gary Van Osdel/A.Hams Phone: 663-1044 Project Area(s) Ward(s): Supporting Data Attached: 2 Staff Report 2 Resolution(s)Z Agreement(s)/Contract(s) O Map(s) O Letter/Memo FUNDING REQUIREMENTS Amount: $ 2000.00 Source: Tax Increment Budget Authority: Requested �. SIGNATURE: Gary 0 e , xecutive vector AmMarris,Director' Ecofiomic Development Agency Business Ret,Recruit&Revitalization _.._...—' ------ Commission/Council Notes: GVO:ABH:Iag:03-20-00 Law Library COMMISSION MEETING AGENDA Meeting Date: 03/20/2000 Agenda Item Number: k2s ECONOMIC DEVELOPMENT AGENCY STAFF REPORT --------------------------------------------------------------------------------------------------------------------- AMENDMENT NO. 1 TO SUPPLEMENTAL EASEMENT AGREEMENT BY AND BETWEEN REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO COUNTY LAW LIBRARY BOARD OF TRUSTEES BACKGROUND The Redevelopment Agency of the City of San Bernardino (the "Agency") is the owner of certain real property within the City of San Bernardino located adjacent to the San Bernardino County Law Library. The Agency and the San Bernardino County Law Library Board of Trustees (the"Law Library") entered into an Easement Agreement, dated May 12, 1995,wherein the Agency granted easements appurtenant in the real property to the Law Library for ingress, egress and parking of vehicles. Subsequently, the Agency and the Law Library entered into a Supplemental Easement Agreement, dated December 29, 1995, wherein they agreed to change the real property in which the Law Library would have easement rights. A portion of the real property in which the Law Library received easement rights under the Supplemental Easement Agreement is generally known as the "North Parking Lot". The North Parking Lot is situated directly north of the parking lot which is immediately adjacent to the north side of the Law Library building. The Law Library does not presently require the use of the North Parking Lot for parking of automobiles by patrons of the Law Library. The Law Library has proposed to the Agency that the Agency use the North Parking Lot, until the Law Library requires the use of the North Parking Lot for its patrons. Amendment No. 1 to Supplemental Easement Agreement ("Amendment No. 1") provides the proposed conditions under which the Agency may be entitled to use the North Parking Lot. Under Amendment No. 1, the Agency may use the North Parking Lot for ingress, egress and parking of vehicles for a guaranteed initial period of twelve (12) months. Following the initial twelve (12) month period, the Law Library may give a twelve (12) month notice to the Agency of the date on which the Law Library will reclaim use of the North Parking lot from the Agency. The result is that the Agency is guaranteed an initial two (2) year use of the North Parking Lot and will receive a one (1) year notice of the end of the Agency's entitlement to use the North Parking Lot. In return, the Agency shall reconstruct the iron fence between the North Parking Lot and the parking lot which is immediately adjacent to the north side of the Law Library building. Some of the fence between the parking lots remain in place, but most of the fence was previously removed. Staff is uncertain as to who removed a portion of the fence or why it was removed. Amendment No. 1 also gives the Agency the right to construct a pedestrian portal in the fence along the westerly line of the North Parking Lot to allow pedestrian access to the North Parking Lot from the alley on the west, should the Agency deem such an improvement desirable. -------------------------------------------------------------------------------------------------------------------------------------------- GVO:ABH:Iag:03-20-00 Law Library COMMISSION MEETING AGENDA Meeting Date: 03/20/2000 Agenda Item Number: Ras I ;Economic Development Agency Staff Report Amendment No. 1 - County Law Library March 6, 2000 Page Number-2- --------------------------------------------------------------------------------------------------------------------- All terms of the Easement Agreement and the Supplemental Easement Agreement not expressly modified by Amendment No. 1 shall remain in effect. Recommendation That the Community Development Commission adopt the attached Resolution, as the Governing Body of the Redevelopment Agency of the City of San Bernardino, approving and accepting Amendment No. 1 to Supplemental Easement Agreement by and between the Redevelopment Agency of the City of San Bernardino and the San Bernardino County Law Library Board of Trustees in the form attached thereto and approved as to form by Agency Counsel. Ann Harris, Director Business Retention, Recruitment & Revitalization -------------- -------------------------------------------------------------------------- --------- GVO:ABH:Iag:03-20-00 Law Library COMMISSION MEETING AGENDA Meeting Date: 03/20/2000 Agenda Item Number: '� I RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION, AS THE GOVERNING BODY OF THE 3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING AND ACCEPTING AMENDMENT 4 NO. 1 TO SUPPLEMENTAL EASEMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE 5 CITY OF SAN BERNARDINO AND THE SAN BERNARDINO 6 COUNTY LAW LIBRARY BOARD OF TRUSTEES 7 8 WHEREAS, the Redevelopment Agency of the City of San 9 Bernardino (the "Agency") and the San Bernardino County Law Library 10 Board of Trustees (the "Law Library") have previously entered into 11 that certain Easement Agreement dated May 12, 1995, recorded in the 12 Official Records of the Recorder of the County of San Bernardino as 13 Document No. 95-205100 (the "Easement Agreement") ; and 14 15 WHEREAS, the Agency and the Law Library have previously 16 entered into that certain Supplemental Easement Agreement dated G 17 December 29, 1995, recorded in the Official Records of the Recorder 16 of the County of San Bernardino as Document No. 19960001193 (the 19 "Supplemental Agreement") ; and 20 21 WHEREAS, the Law Library is not presently using the area 22 generally described as the "North Parking Lot" and more 23 particularly described in Amendment No. 1 to Supplemental Easement 24 Agreement ("Amendment No. 1") and desires to return the use of said 25 area to the Agency until such time as the Law Library requires the 26 use of the area by execution of Amendment No. 1; 27 28 SBEO/0001/DOC/3620 3/6/00 dgw 1 �'�n /' 1 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY 2 THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, 3 AS FOLLOWS : 4 5 Section 1 . The facts set forth in the Recitals of 6 this Resolution are true and correct. 7 8 Section 2 . Based upon the record submitted at the 9 meeting at which this Resolution was approved by the Commission, as 10 the governing body of the Agency, the Commission hereby finds and 11 determines that the terms of Amendment No. 1 are acceptable to the 12 Commission. The Commission is informed by the Law Library, by the 13 Law Library' s previous execution of Amendment No. 1, that the terms 14 of Amendment No. 1 are acceptable to the Law Library. 15 ® 16 Section 3 . The Commission hereby approves and accepts 17 Amendment No. 1, as attached hereto as Attachment No. 1 and 18 incorporated herein by this reference . The Chairperson of the 19 Commission of the Agency is hereby authorized and directed to 20 execute Amendment No. 1 on behalf of the Agency. 21 22 23 24 25 26 27 28 SBEO/0001/DOC/3620 3/6/00 dqw 2 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION, AS THE GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN 2 BERNARDINO, APPROVING AND ACCEPTING AMENDMENT NO. 1 TO SUPPLEMENTAL EASEMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE 3 CITY OF SAN BERNARDINO AND THE SAN BERNARDINO COUNTY LAW LIBRARY BOARD OF TRUSTEES 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly 6 adopted by the Community Development Commission of the City of 7 San Bernardino at a meeting 8 thereof, held on the day of , 2000, by the 9 following vote, to wit : 10 11 Commission AYES NAYS ABSTAIN ABSENT ESTRADA 12 LIEN MCGINNIS 13 SCHNETZ SUAREZ 14 ANDERSON MILLER 15 Q 16 17 Secretary The foregoing Resolution is hereby approved this 18 day of 2000 . 19 20 Ju it Va es, C airperscn Community Development Commission 21 of the City of San Bernardino 22 23 Approve t fo nd gal content : By: 24 Agency Counse 25 26 27 28 SBEO/0001/DOC/3620 3/6/00 dgw 3 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss 2 CITY OF SAN BERNARDINO ) 3 I, Secretary of the Community Development Commission of t e City of San Bernardino, DO HEREBY 4 CERTIFY that the foregoing and attached copy of Community Development Commission of the City of San Bernardino Resolution 5 No. is a full, true and correct copy of that now on file in t is o ice. 6 IN WITNESS WHEREOF, I have hereunto set my hand and 7 affixed the official seal of the Community Development Commission 8 ' of the City of San Bernardino this day of 2000. 9 Secretary or the 10 Community Development Commission 11 of the City of San Bernardino 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SBEO/0001/DOC/3620 3/6/00 dgw 4 1 ATTACHMENT NO. 1 2 3 AMENDMENT NO. 1 TO SUPPLEMENTAL EASEMENT AGREEMENT 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SBEO/0001/DOC/3620 3/6/00 dg, 5 CDC 2000-6 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Economic Development Agency of the City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, CA 92401 Attn: Executive Director (Space Above Line Reserved For Use By Recorder) RECORDATION OF THIS INSTRUMENT IS EXEMPT FROM ALL FEES AND TAXES AMENDMENT NO. 1 TO SUPPLEMENTAL EASEMENT AGREEMENR THIS AMENDMENT NO. 1 TO SUPPLEMENTAL EASEMENT AGREEMENT ("Amendment No . 1") is entered into as of , 2000, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body corporate and politic (the "Grantor") , and the SAN BERNARDINO COUNTY LAW LIBRARY BOARD OF TRUSTEES (the "Grantee") with reference to the following facts : RECITALS WHEREAS, Grantor is the owner of certain real property situated in the City of San Bernardino, County of San Bernardino, California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Servient Tenement") ; and WHEREAS, Grantee is the owner of certain real property situated in the City of San Bernardino, County of San Bernardino, California, as more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference (the "Dominant Tenement") ; and WHEREAS, Grantor and Grantee have previously entered into that certain Easement Agreement dated May 12, 1995, recorded in the Official Records of the Recorder of the County of San Bernardino as Document No. 95-205100 (the "Easement Agreement") ; and SBEO/0001/DOC/3809-1 2/7/00 dgw 1 CDC 2000-6 WHEREAS, Grantor and Grantee have previously entered into that certain Supplemental Easement Agreement dated December 29, 1995, recorded in the Official Records of the Recorder of the County of San Bernardino as Document No. 19960001193 (the "Supplemental Agreement") ; and WHEREAS, Grantee is not presently using the area described in Exhibit "C" attached hereto and desires to return the use of said area to Grantor until such time as Grantee requires the use of the area; and WHEREAS, Grantor and Grantee now desire to amend the Supplemental Agreement; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE, AS FOLLOWS : TERMS Section 1 . Incorooration By Reference. The Easement Agreement, the Supplemental Agreement and the Recitals set forth above are hereby incorporated into this Amendment No. 1 by this reference, as though fully set forth herein. Section 2 . Defined 'Words And Phrases. All words and phrases indicated by initial caps in this Amendment No. 1 which are not expressly defined herein shall have the same meanings and definitions attached to them in the Easement Agreement and/or the Supplemental Agreement. Section 3 . The Subiect North Parking Lot . In accordance with the terms of the Easement Agreement and the Supplemental Agreement, Grantor has granted to Grantee an easement appurtenant in the parking lot specifically described in Exhibit "C" attached hereto and incorporated herein by this reference (the "North Parking Lot") , as well as easements in other real property. Section 4 . Amendment To Suoolemental Aare m nt. In consideration of the Grantor constructing a fence along the Southerly line of the North Parking Lot to match the SUO/0001/0=3609-1 2/7/00 dqw 2 CDC 2000-6 existing fencing around the Westerly and Northerly lines of the North Parking Lot the Grantee hereby consents to amendment of Paragraph 5 of the Supplemental Agreement to read, in its entirety, as follows: "5 . (a) Grantee' s use of the easement granted in this Agreement shall be exclusive, subject to the provisions of Subparagraph (b) . Grantor shall not grant or assign to others any right of way or easement in the Servient Tenement, except as set forth in Subparagraph (b) . Notwithstanding the terms of this provision, Grantor reserves the right to use the Servient Tenement in any manner consistent with Grantee' s free use and enjoyment of the easement. (b) The Grantor shall have the right to use the North Parking Lot for ingress, egress and parking of vehicles on the North Parking Lot for any purpose and may license the use of all or any portion of the North Parking Lot to third persons for such uses, until such time as the Grantee commences exclusive use of the North Parking Lot. Prior to commencement of exclusive use of the North Parking Lot, Grantee shall give notice to the Grantor of a date certain on which the Grantee' s exclusive use of the North Parking Lot shall commence, which date shall be at least twelve (12) months following the date on which such notice is received by the Grantor. Grantee shall not have any right to give the notice of its exclusive use of the North Parking Lot, as required herein, -until at least twelve (12) months following the date of recordation of this Amendment No. 1 in the Official Records of the Recorder of the County of San Bernardino. Any notice given by the Grantee to the Grantor under this Paragraph 5 shall only be effective when actually received by the Grantor. Upon Grantee' s compliance with the provisions of this Paragraph 5 (b) , on the date certain stated in Grantee' s notice, Grantee' s use of the North parking Lot; granted in this Agreement, shall become exclusive. Any failure of Grantee to strictly comply with the notice requirements of this Paragraph 5 (b) shall prevent the Grantee' s exclusive use of the North Parking Lot from commencing, until such time as a complying notice is received by the Grantor. (c) Beginning on the Effective Date (as defined below) of this Amendment No. 1 . and until such time as the Grantee commences exclusive use of the North Parking Lot, Grantor shall be responsible for the repair and maintenance of the North Parking Lot consistent with the condition of the North Parking Lot, as of the Effective Date, and shall be responsible for arranging and paying for all services supplied to the North Parking Lot, which may include, but shall not be limited to, sweeping service, security, electricity, gas, telephone, light SBEO/0001/00C/3609-1 2/7/00 dgw 3 CDC 2000-6 and water. Additionally, the Grantor shall have the right to improve the existing fence along to Westerly line of the North Parking Lot to include a portal for pedestrian access to and from the North Parking Lot, if the Grantor deems such improvement desirable . " Section 5 . Effective Date. This Amendment No . 1 shall take effect immediately upon its recordation in the Official Records of the Recorder of the County of San Bernardino (the "Effective Date") . Section 6. Subiect to Other Terms and Provisions of the Easement Agreement and the Supplemental Agreement . This Amendment No. 1 shall in all respects be subject to the terms and provisions of the Easement Agreement and the Supplemental Agreement, except with respect to any terms or provisions expressly amended or modified or contradicted herein. In the event of any conflict between the terms of this Amendment No. 1 and the terms of the Easement Agreement or the Supplemental Agreement, the terms of this Amendment No. 1 shall control . Section 7 . Governing Law. This Amendment No . I shall be governed by the laws of the State of California. Section 8 . Entire Agreement . This Amendment No. 1, the Easement Agreement and the Supplemental Agreement constitute the entire agreement between the parties and may not be amended without the prior written consent of the parties hereto. This Amendment No. 1 supersedes all prior negotiation, discussions and previous agreements between the parties concerning the subject matters amended herein. The parties intend this Amendment No. l to be the final expression of their agreement with respect to the terms amended herein and a complete and exclusive statement of such terms . No modification, amendment or waiver of any term herein shall be binding unless executed in writing by the parties hereto . Section 9 . Modification. This Amendment No. 1 may be modified or amended as deemed necessary by written instruments duly approved and executed by the parties hereto. Any such modifications or SBEO/0001/00C/3609-1 2n/00 dqw 4 - - CDC 2000-6 amendments shall be valid, binding and legally enforceable only if in written form and executed by the parties hereto after the same have been duly approved and authorized for execution. Section 10 . Severability. Each and every section of this Amendment No. 1 shall be construed as a separate and independent covenant and agreement. If any term or provision of this Amendment No. 1 or the application thereof shall be declared invalid or unenforceable, the remainder of this Amendment No. 1, or the application of such term or provision to circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Amendment No. 1 shall be valid and enforceable to the extent permitted by law. Section 11 . Counterparts . This Amendment No . 1 may be executed in one or more counterparts, each of which will constitute an original. SBEO/0001/OOC/3609-1 2/7/00 dqv 5 _ CDC 2000-6 IN WITNESS WHEREOF THE PARTIES HERETO EXECUTE THIS AMENDMENT NO. 1 AS FOLLOWS : REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO Dated: l�� �'/ r�000 By: di h Valles ayo Cit of San Bernardino (SEAL) : c r TTES e ary Appr /ed as to Form: �..G- gency Special Counsel BBEO/0001/DOC/3609-1 2/7/00 dgw 6 ®c 200aa SAN BERNARDINO COUNTY LAW LIBRARY BOARD OF TRUSTEES Dated: By: /� /, // Title: U ," ;-".>/ e rJdrA/'H AUt.1cu! ,1)6,07Cn(T q rrACHE1) SSEO/0001/1)OC/7609-1 2/7/00 dqv 7 CDC 2000-6 EXHIBIT "A" 3390/0001/OOC/3609-1 2/7/00 aqr CDC 2000-6 EXHIBIT 'A- Legal Description of Parking Lot COumY Law Library The portion of Lots 1 and 2. Block 29 of the plan of San Bernardino, in the City of San Bernardino, County of San Bernardino, State Of California, as per map recorded in Book 7, Page 1 of Maps in the Office of the Recorder of said County, more particularly described as follows: Commencing at the Southeast comer of Lot 1, also being the Southeast comer of Parcel 1 as per lot line adjustment recorded as Document No. 94289613 in the Office of the County Recorder, - Thence North 89' 53' 50' West, a distance of 166.29 feet-along the South line of said lots and parcel to the TRUE POINT OF BEGINNING; Thence continuing North 89' 53' 50' West, a distance of 20.30 feet; Thence North 44' 56' S1' West, a distance of 18.59 feet to the beginning of a non-tangent curve concave Southeasterly, having a radius of 10 feet from which a radial line of said curve bears South 76' 05' 15' East; Thence Northeasterly along said curie through a central angle of 1 B' 37' 42', a distance of 3.25 feet to a tangent line; Thence North 32' 32' 27' East along said tangent line, a distance of 16.12 feet to the beginning of a tangent curie being concave Northwesterly; Thence Northeasterly along said curve having a radius of 16.00 feet through a central angle of 32' 33' 04', a distance of 9.09 feet to a tangent line; Thence North 00' 00' 08' Ear,, a distance of 65.25 feet to the beginning of a tangent curve being concave Southwesterly; Thence Northwesterly along said curve having a radius of 22.00 feet through a central angle Of 53' 01' 05', a distance of 20.36 feet to a point of reverse curvature to a curve being concave Northeasterly; Thence Northwesterly along said curie having a radius of 10.00 feet through a central angle of 53' 01' 05', a distance of 9.25 feet; Thence North 00' 00' 08' East, a distance of 170.04 feet to the North line of said Lot 1; Thence South 89' 53' 39' East along the North line of said Lot 1, a distance of 200.01 to the Northeast ccrner of said Lot 1; Thence South 00' 00' 00' East along the East line of said Lot 1, a distance of 71.92 feet; Thence North 89' 53' 50' West, a distance of 8.75 feet; Thence South 00' CO' CO' East, a distance of 106.35 feet to the North tine of Parcel 1; Thence North 89' 53' 50' West, a distance of 157.32 feet along said North line to the West Tine of Parcel 1; Thence South CO' 06' 10' West, a distance of 120.87 feet along said West line to a point on the South line of Parcel 1 and Lot 2, said point being the TRUE POINT OF BEGINNING. saaoi�roocz• a:nra.eo R MC z000--6 LOT J zl LOT t � I �I�I� � I ELK N 8753.39•U LOT LINE - -�9 — - - - - 1 200:01 I I = I o o = m I ' I N M!13'39'M - _ 8.75 LU W w I W I m ° I cr) I (v I I �I LOT 2 I LOT t Z� 1 0-53'01'05' I I P-10.00 I _ i L- .25 = T-44.99 I I Cl N 89.53'50'11 1 - 157.32 I 0-"3 01'05' 7-22.00 L-20.36 T-10.97 1 LO r32'33'04' . LO I I A-16.00 L-9.09 - m T-4.67 ° I N 32'32'27'= 16.12 0-16.37'42' R-10.00 L 5 T-1.s4 I N u•56'S1'11 I 1 18.59 20 31 166.26 I N 89'53'50'M 4 TH STREET �vi�e �rSn1 n.w o.n REDEVELOPMENT AGENCY CITY OF SAN BERNARDINO ouTCrl EXHIBIT 11 A 11 rt MTV MAXI. NO. EMS= _�:sa 1 ' = 50 ' r oc •Pw PLOT OF EXHIBIT 'A' - 7CO. 541 PF: 14718 7001 29-Dec-95 12: 08 PM / S80691-1 CDC 2000-6 EXHIBIT "B" SBEO/0001/00C/3609-1 zn/00 eq.. coc 2000-6 EXIBBI'I'"B" LEGAL DESCRIPTION Portion of Lots I and 2, Block 29, of the Plan of San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California,as per Map recorded in Book 7,Page I of Maps,in the office of the Recorder of said County, described as follows: Beginning at the Southeast comer of said Lot 1; then true point of beginning; thence North 00° 00' 28" West a distance of 120.87 feet;thence North 89° 54'09"West a distance of 166.06 feet; thence South 00° 05'51" West a distance of 120.87 feet to the South line of Lot 2;thence South 89° 54'09" East a distance of 166.29 feet to the true point of begirming. Said description conforms with Lot Line Adjustment No. 94-02, recorded June 30, 1994, as Instrument No. 94-289613,of Official Records. Exhibit B Page 1 of I _ .. . CDC 2000-6 LOT 7 zI LOT S � I EELK r— L K C3 ' — — — — —LOT LINE— — — — -�� — - - - - - - - - 1- - I 0 I a I � _ I F-- LU ai J I w cr U m I 1 cn I I ' I LOT 2 I LOT 1 ' I i I I I � a I = . M 89.53'50 N 157.32 I I � m I 1 c I I I � I 0 = I I I 157.53 I N 89.53'50 M 4 TH STREET REDEVELOPMENT AGENCY CITY OF SAN BERNARDINO DUTCH ognm n EXHIBIT " B " o1wgO GT! OWDM W. 12/28/95 * = 50 ' **rr 1 v *Pr PLOT OF EXHIBIT '8' - 7(0. 541PF: 14718 7002 29-Dec-95 12: 08 PM / 580691-1 CDC 2000-6 BE828IT ^C" SHEO/0001/OOC/3609-1 2/7/00 dqv CDC 2000-6 Exhilm All that portion of Lou 1 and 2,Bloch 29 of the City of San Bemardiao,as per plat recorded in Book 7 of Maps,page 1, records of San Bernudmo County mote particularly de mml:cd as foUows. Commencing at the Scuthc=coma of Lot 1,said Block 29; thence North 89° 53'50w West along the South lines of said lots I and 2 a distance of 276.60; thence North 00" 00 02"E=parallel with the Easi line of said lot 2 a dts==of 190.00 f=q thence South 89. 53' 50" East parallel with said South line a distance of 75.00 feet;then.North 00" 00'02"East parallel with the East line of said lot 2 a distance of 39.15 fact thence South 89" 53'39" East parallel with the North line of said lot 2 a distance of 159 feet to the True Point of Begitming; thence continuing along said parallel line South 89" 53'39"East 50.41 feet to the East line of said Lot 2; thence South 00° 00' 02" West along said E=line a distance of 1.92 feet; thence South 89° 53' 39' East parallel with the North line of said Lot I a distance of 140.85 feet to a line parallel with and 8.75 feet westerly of the East line of said Block 29; thence North 00° 00' 00" East along said parallel line a distance of 71.92 feet ro the North line of said Lot 1;thence North 89° 53'39" West along said North line a distance of 19126 fee-,thence South 00° 00'08" West parallel with the West line of said Block 29 a dimnce of 70.00 fe-_t to the True Point of Beginning. sat'ca�iavoc� CDC 2000-6 _ .. LOT 7 zt LOT • � I ��nn IItt C I IGJL K -21 LOT LINE - —�� — — — — — UA I N 89'53' 11 292.28 o I m n m t N 00.00'02'£ � 89.53'39'NI 50.41 N 89'53'39'11 140.85 LLI LU ai EC 1 I F- I I cn I I I I LOT 8 I LOT 1 I t I I 1 - I I a I I - I I I I I I 1 I I t I I I I I i I I I I I t I 4 TH STREET REDEVELOPMENT AGENCY CITY OF SAN SERNAROINO ou u EXHIBIT m'O1x' DATE wmvo IQ. 12/28/95 SCALE REM— i ' = 50 ' 9-mg 1 DF ■Pr PLOT OF EXHIBIT '0' - 7[0. 541 PF: 14718 7004 29-9eC-95 11: 15 AN / 580591-1 CALIFORNIA NOTARY ACKNOWLEDGMENT State of California l § County of San Bernardino J On !s -b , before me, AZF personally appe ed ' a (lz-� personally known to me (or proved to m #he-basis of satisfactory ence) to be the person(s) whose name(s) is/are-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Eileen C. Gomez ; OSATAN C R9oY E ZRNA.'R4.D1 Comm EYp J IN.JLO,A G2,D IA2 UC N0RTN1 Y I AO O + (This area for official notarial seal) lformslexamlacknowledgment CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN BERNARDINO On 02/14/2000 before me, DEBORAH K. GILSON, Notary Public , Cate Name miM Tale of officer(e.g.,-Jane Doe.Noreen Public' personally appeared D. ELLIOTT WHITLOCK------------------------- --- Namehe of Signer(s) XSpersonally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(Ef whose name(!;) is/are subscribed to the within instrument and acknowledged to me that he/aheEthey executed the same in his/her/their authorized capacity(tes),and that by his/herHheir signature(a)on the instrument the person(s), DEBOOAHx.GLSON or the entity upon behalf of which the persori acted, cDn"I'�al 112TB executed the instrument. Notary Public—callarl4 — UESon Bemordino Co llly My Comm.Expires Nov 20.200D WITNESS my hand and official seal. Signature of Nolan,Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this torn to another document. Description of Attached Document AMENDMENT NO. 1 TO SUPPLEMENTAL Title or Type of Document: EASEMENT AGREEMENT For signature even (7) Document Date: 02/14/00 of Whitlock NumberofPages: Plus Exhibi Places for three (3) other signers , but no Signer(s) Other Than Named Above: signatures yet on document signed by Whitlo Capacity(ies) Claimed by Signer(s) Signer's Name: D. ELLIOTT WHITLOCK ner's Name: Individual ❑ In idual ❑ Corporate Officer ❑ Corp to Officer Title(s): Title(s): • Partner—0 Limited ❑ General ❑ Partner— Limited General • Attorney-in-Fact ❑ Art me Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Co ator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is epresentirl i San Bernardino Countr. Law Library board of Trustees 0 1995 Nebonal Nolen,A oiccfaiion•8236 Rommel Ave.,P.O.Box 7184•Canoga Park.CA 91309-7184 Pace.No.5907 Reorder:Call Toll Free 4800.876-6827 CDc(zca�-� July 10, 2000 County Recorder's Office 222 W. Hospitality Lane San Bernardino, CA 92415 Attn: Recording Clerk Enclosed is Amendment No. I to Supplemental Easement Agreement (7 pages) for recording. When the document is recorded, please return to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. If you have any questions,please do not hesitate to call me at(909)384-5002. Sincerely, Michelle Taylor Senior Secretary CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: March 22, 2000 TO: . Gary Van Osdel FROM: Melanie Miller, Senior Secretary RE: Transmitting Documents for Signature Attached are the following original documents: Resolution CDC 2000-6 and 2 original agreements Please sign where indicated. Please return EVERYTHING to the City Clerk's Office as soon as possible to my attention. If you have any questions, please do not hesitate to contact me at ext. 3212. Thank you. Rachel Clark City Clerk By: Melanie Miller Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed: Date: � I C ERNARDINO 300 NORTH"D"STREET, SAN BERNARDINO, CALIFORNIA 92418 R A -C H E L C L A R K C I T Y C L E R K April 4, 2000 Ms. Alexis Crump Sabo & Green 23801 Calabasas Road, Suite #1015 Calabasas, CA 91302-1595 RE: Community Development Commission Resolution CDC 2000-6 Meeting Date: March 20, 2000, Item #R25 Dear Ms. Crump: Today I received the enclosed `original" document from Lisa Gomez at EDA. This document has an original signature from the San Bernardino County Law Library, but is otherwise not executed. On March 23, 2000 I forwarded to you the two original documents I was originally given to execute. So today when I received this `original" I thought it was best to send it to you also. If you have any questions, please do not hesitate to contact me at (909) 384-5002. Sincerely, �K� e Melanie Miller Senior Secretary R . O. a 0 X 1318 , SAN RE R NA R DI N O . CA 92402 3 0 0 N O R T H D. S T R E E T , S A N 8 E R N A R D I N O . C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 (9 0 9 ) 3 0 9 - 5 0 0 2 (9 0 9) 3 9 9 . 8 1 0 2 F A X - (9 0 9 ) 3 0 9 -8 1 3 9 T 0 D IT 7 Y -(0 0 9 ) 2 0 4 -9 9 9 0 /Ih ah cDG rO0 - & �,aE/tNARD��,O^ C ERNARDINO 300 NORTH"D"STREET, SAN BERNARDINO, CALIFORNIA 92418 O ED IN R A C H E L C L A R K C I T Y C L E R K March 23, 2000 Ms. Alexis Crump Sabo & Green 23801 Calabasas Road, Suite #1015 Calabasas, CA 9I302-1595 Dear Ms. Crump: Enclosed please find one copy of Community Development Commission Resolution #CDC 2000-6 along with its two original attachments for recordation. When completed please return one complete original document to my attention at the City Clerk's Office, P. O. Box 1318, San Bernardino, CA 92418-0001. If you have any questions, please do not hesitate to contact me at (909) 384-5002. Sincerely, Melanie Miller Senior Secretary P . 0. 9 0 % 1 3 1 0 , S A N 9 E R N A R 0 1 N O , C A 9 2 9 0 2 3 0 0 N 0 R T H 0 S T R E E T . S A N D E R N A R 0 1 N 0 . C A L I F O R N I A 9 2 4 1 9 - 0 0 0 1 ( 0 0 9 1 9 4 - 5 0 0 2 ( 9 0 9 1 3 9 1 - 9 1 0 2 F A % . ( 0 0 9 1 3 9 4-5 1 S 9 T D D IT T Y - ( 9 0 9 1 0 9 4 -5 9 9 0