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HomeMy WebLinkAbout07.J- Public Works RESOLUTION (ID#2080) DOC ID: 2080 B CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Jim Smith M/CC Meeting Date: 11/05/2012 Prepared by: Michael Grubbs, (909) 384- 5140 Dept: Public Works Ward(s): 6 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Cajon Creek Storm Drainage Improvements - Credit and Reimbursement Agreement with the Calmat Company. Financial Impact: There is no immediate cost to the City for this project. Ca1Mat(Vulcan)will be eligible for credit against future storm drain development impact fees and/or reimbursement of costs using future storm drain development impact fees collected from future development. The total amount of credit and/or reimbursement is $7,487,150, subject to a 15-year limitation. Motion: Adopt the Resolution. Synopsis of Previous Council Action: None. Background: This is a request to approve a proposed Credit and Reimbursement Agreement between the City of San Bernardino and Ca1Mat Company (Vulcan Materials Company, West Region) relative to the construction of a City Master Plan storm drain along Cajon Boulevard and Institution Road in support of the Cajon Creek Specific Plan. The proposed master plan storm drain is required for mitigation of storm runoff associated with development of the Cajon Creek Specific Plan and other unrelated parcels within the tributary area. This facility is identified in the City's Master Facilities Plan (MFP), which is funded by the City's Storm Drain Development Impact Fee (DIF) program. The cost identified in the MFP for the proposed improvement is $7,487,150. Since this amount exceeds the storm drain development impact fees expected for development of the Cajon Creek Specific Plan, CalMat is also seeking to be reimbursed by future development projects that will benefit from the improvement using the fees collected from those projects in a manner that is similar to sewer main extension reimbursements under Section 13.08.080 of the San Bernardino Municipal Code. Ca1Mat currently has plans to develop a 1.7 million square-foot industrial development within the Cajon Creek Specific Plan that will be carried out by Hillwood Investment Properties. The storm drain development impact fees for this project are estimated to be approximately $1.9 million. The City will receive the benefit of the proposed storm drain in advance of collecting the fees that are needed to construct it in exchange for credit against their future fees and �^ reimbursement of fees collected by the City. This will provide increased storm runoff protection (`✓ along Cajon Boulevard north of Institution Road. Updated: 10/30/2012 by Henry Empeno Jr.B Pac: g. 185 2080 {� City Attorney Review: Suaaortine Documents: Resolution (PDF) agrmt 2080 (PDF) Exhibit A-1 Legal Description of Vulcan Property (PDF) Exhibit A-2 CajonCreek Property Map (PDF) Exhibit B -Cajon Creek Property Map (PDF) Exhibit C-1 Interim Drainage Improvements(PDF) Exhibit C-2 Combined Drainage Improvements (PDF) Exhibits D-1,D-2,D-3 Benefited Properties (PDF) C C Updated: 10/30/2012 by Henry Empeno Jr.B I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE CAJON CREEK STORM DRAINAGE 3 IMPROVEMENTS —CREDIT AND REIMBURSEMENT AGREEMENT WITH THE C 4 CALMAT COMPANY. U 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY w OF SAN BERNARDINO AS FOLLOWS: R 6 Q 7 SECTION 1. The City Manager is hereby authorized and directed to execute the 0 V R 8 Cajon Creek Storm Drainage Improvements—Credit and Reimbursement Agreement with the E 0 U 9 Calmat Company (Vulcan Materials Company, West Region) as shown in said Agreement. A 3 10 copy of said Agreement is attached and incorporated herein as Attachment"A". E 11 SECTION 2. The authorization to execute the above-referenced Agreement is 12 a rescinded if the parties fail to execute it within ninety (90) days of the passage of this 13 E N 14 Resolution. E 15 16 17 € 0 18 0 19 N 20 O 21 AQ d 22 K O 23 0 24 25 E 26 Y W 27 a 28 Packet',Pg.187 7.J.a 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE CAJON CREEK STORM DRAINAGE 2 IMPROVEMENTS — CREDIT AND REIMBURSEMENT AGREEMENT WITH THE w CALMAT COMPANY. v 3 G 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor c 5 and Common Council of the City of San Bernardino at a meeting w C 6 thereof, held on the_day of 2012, by the following vote,to wit: 0 7 U Council Members: AYES NAYS ABSTAIN ABSENT R 8 E 9 MARQUEZ r 10 JENKINS W E 11 VALDIVIA d rn 12 a SHORETT � v 13 E KELLEY 14 JOHNSON E 15 16 MCCAMMACK ` 0 0 17 E 0 18 Georgeann Hanna, City Clerk o co 0 19 The foregoing resolution is hereby approved this day of 2012. N 20 0 21 22 Patrick J. Morris,Mayor City of San Bernardino 0 23 Approved as to form: 0 24 JAMES F. PENMAN, 25 City ttorney i m E 26 By: 27 a 28 Packet P9.188 . 7.J.b RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Bernardino Attn: City Manager 4 300 North "D" Street, 61' Floor San Bernardino, CA 92418 0 W U Exempt from Recording Fees pursuant to p Gov't Code§27383 j, c A (Space above for Recorder's Use) C- E 0 U m E m CAJON CREEK STORM DRAINAGE IMPROVEMENTS— t CREDIT AND REIMBURSEMENT AGREEMENT 3 c m E between d a CALMAT CO., a Delaware corporation, doing business as Vulcan Materials Company, West Region E and R E CITY OF SAN BERNARDINO, o a California charter law city and municipal corporation c N_ O O O N [Dated as of 2012 for reference purposes only] 4) d E t U nl Q .15 W37-014-9985851 Packet Pg. 189 '' 7.J.b CAJON CREEK STORM DRAINAGE IMPROVEMENTS — CREDIT AND REIMBURSEMENT AGREEMENT This Cajon Creek Storm Drainage Improvements — Credit and Reimbursement Agreement ("Agreement') is reference dated as of , 2012, between CALMAT CO., a Delaware corporation, doing business as Vulcan Materials Company, West Region ("Vulcan") and CITY OF SAN BERNARDINO ("City"), a California charter law city and o municipal corporation. Vulcan and City are sometimes referred to herein individually as a "Party"and collectively as the"Parties." 0 w RECITALS o. E A. Vulcan is the owner of approximately One Thousand One Hundred (1,100) acres v of property ("Vulcan Property") located in the City of San Bernardino, California, and legally described in the attached legal description(Exhibit A-1), depicted by legal parcel in the attached @ depiction (Exhibit A-2) and depicted by planning area in the attached depiction Txhibit B . The Vulcan Property is segregated into planning areas identified in Exhibit B. The Vulcan Property is undeveloped except for Planning Area L,which is used as a gravel mine. N E B. Vulcan intends to sell to a qualified purchaser ("Purchaser") approximately ninety (90) acres of the Vulcan Property("Purchase Parcel'). The Purchase Parcel is identified a as Planning Areas D,E and F on the Site Map. v C. Vulcan expects that Purchaser will develop the Purchase Parcel for industrial purposes ("Project'). City will condition its regulatory approval of the Project on the construction of certain storm water drainage improvements ("Interim Drainage E Improvements"). The Interim Drainage Improvements are generally described on the attached Exhibit C-1. .E 0 D. The Interim Drainage Improvements will be of excess size and capacity and E provide storm water drainage benefit to the Project, future development on the Vulcan Property o and future development on other property in the surrounding area and any such property which `a has access to the Interim Drainage Improvements shall be deemed to be a benefitted property (collectively, the `Benefitted Property(ies)") for purposes of this Agreement. Without limiting N the generality of the foregoing, the surrounding area(other than the Vulcan Property)which will be served and benefitted by the Interim Drainage Improvements (collectively, the "Surrounding N Benefitted Property(ies)") are identified in attached Exhibits D-1. D-2 and D-3. Some of the Benefitted Properties are presently located outside the municipal limits of City, as shown in attached Exhibits D-1. D-2 and D-3 and such Benefitted Properties will not be subject to the provisions of this Agreement until such time as they are annexed into the municipal limits of E City. r U E. The Interim Drainage Improvements are the primary component of a two- a component system of storm water drainage improvements to provide storm water drainage benefit to the Vulcan Property and the Benefitted Properties. The second component, deemed in this Agreement as the "Permanent Drainage Improvements", would connect to and extend the Interim Drainage Improvements to pre-existing storm water drainage channels and facilities. The 1 V2374I4..998595.1 PacketPg. 190 combined Interim Drainage Improvements and the Permanent Drainage Improvements are collectively referred to in this Agreement as the "Combined Drainage Improvements." The Combined Drainage Improvements are generally described on the attached Exhibit C-2. F. The Permanent Drainage Improvements will also be of excess size and capacity g and provide storm water drainage benefit to the Benefitted Properties, including the Surrounding d Benefitted Properties. 0 c 0 G. As more specifically described in this Agreement, Vulcan may elect to construct ci and dedicate the Permanent Drainage Improvements to City and/or another agency such as the o County of San Bernardino ("County"), as applicable. If Vulcan does so, the amendments to this Agreement described in Section 10 will become automatically operative without the need of any a further act or approval of either Party. o U H. City has previously prepared and adopted a Master Facility Plan ("Master Facility Plan"). The Master Facility Plan describes the public infrastructure and facilities required to provide necessary public services in City, including sewer, circulation and storm L drainage services. The Combined Drainage Improvements are functionally equivalent to 3 drainage improvements identified in the Storm Drainage Facilities section of the Master Facility Plan. E v a, I. City imposes development impact fees upon development projects within the a municipal limits of City under the authority of the California Constitution, California E Government Code Section 66000, et sea., and Municipal Code Chapter 3.27. Under Municipal `�••� Code section 3.27.105, City imposes and collects "Storm Drain Development Impact Fees" ("Storm Drain Impact Fees") to fund the construction of the storm drainage structures and improvements identified in City's Master Facility Plan, including facilities such as the Interim E Drainage Improvements and the Permanent Drainage Improvements. c J. City has previously prepared and adopted a "Development Impact Fee o Calculation and Nexus Report for the Storm Drainage System for the City of San E Bernardino, California (October 2006)" ("Development Impact Report"). Among other in public facilities and improvements, the Development Impact Report identifies the public storm drainage facilities system described in City's Master Facility Plan and estimates their o construction cost if constructed by City. The Development Impact Report identifies Project 7-E20, with an estimated cost of construction of $2,982,110, and Project 7-E21, with an estimated cost of construction of $4,505,040, for a total estimated cost of $7,487,150. The N Combined Drainage Improvements are functionally equivalent to Project 7-1320 and Project E 7-E21, K. Municipal Code section 3.27.140 provides that a developer who is required to pay a development impact fee in connection with the development of the developer's property is entitled to receive a credit against that fee if the developer constructs and dedicates to City or County, a facility (or portion thereof) identified in the Master Facility Plan. The amount of the a credit will equal City's most recent estimated cost of constructing the dedicated facility (or portion), not to exceed the corresponding development impact fee which would be imposed in connection with the development of the developer's property. 2 V237414-999595.1 Packet Pg. 191 L. Municipal Code section 3.27.150 provides for reimbursement to a developer which constructs and dedicates public improvements which benefit property other than the developer's property. The reimbursement amount is equal to City's most recent estimated cost of constructing that portion of the public improvements which benefit the property other than developer's property, as established by the Development Impact Report. This reimbursement is s in addition to the credits described in Municipal Code section 3.27.140. U M. In accordance with Municipal Code section 3.27.140 and section 3.27.150, upon o Vulcan's completion and acceptance of the Interim Drainage Improvements by City and/or 0 County, Vulcan will be entitled to receive a combination of credits and reimbursement equal to 0 Six Million Seven Hundred Thirty-Eight Thousand Four Hundred Thirty-Five Dollars ($6,738,435). If Vulcan elects to proceed with the construction of the Permanent Drainage Q Improvements, upon Vulcan's completion and acceptance of the Permanent Drainage o Improvements by City or County, Vulcan will be entitled to an additional amount of credits and reimbursement equal to Seven Hundred Forty-Eight Thousand Seven Hundred Fifteen Dollars E ($748,715), for a total amount of credit and reimbursements equal to Seven Million Four Hundred Eighty-Seven Thousand One Hundred Fifty Dollars ($7,487,150). The credits may be E applied to fully offset any Storm Drain Impact Fees imposed by City against any future 3 development project on the Vulcan Property, including the Project. In addition, Vulcan will receive reimbursements as more particularly set forth in this Agreement. E d m OPERATIVE PROVISIONS a d E w 1. Recordation of Agreement. This Agreement may be recorded by Vulcan in San d) Bernardino County official records at any time after the Effective Date. E 2. Effective Date: Vulcan Termination Rieht. c A. This Agreement will become effective on the date ("Effective Date") on o which it has been signed by both Parties and a fully executed counterpart original has been E delivered to each Party. o B. Nothing in this Agreement imposes an obligation on Vulcan to construct the Interim Drainage Improvements (or the Permanent Drainage Improvements referred to in Section 10). Vulcan may elect, in its sole and absolute discretion and at any time prior to 0 commencement of construction of the Interim Drainage Improvements or the Permanent N Drainage Improvements, to terminate this Agreement without cause and without cost, expense or liability to either Party by providing Notice to City. 3. Certain Defined Terms. v E A. In this Agreement, the following initially capitalized terms will have the following meanings in this Agreement: a 1. `Benefitted Property(ies)" means any property which drains directly into or indirectly into the Interim Drainage Improvements or the Permanent Drainage Improvements, including the Project, future development on the Vulcan Property and future 3 V287414-998WA development on other property in the surrounding area, including the Surrounding Benefitted Properties. 2. "City" means the City of San Bernardino, California, a California charter law city and municipal corporation. s v 3. "County" means the County of San Bernardino, a political U subdivision of the State of California. r- .@ U 4. "Credit Portion"means that portion of the Fee Study Value which o will be credited against future Storm Drain Impact Fees payable in connection with development ; 13. "Interim Drainage Improvements" means those storm water drainage improvements and facilities generally described on the attached Exhibit C-1. 14. "Reimbursement Portion" means that portion of the Fee Study Value which will be reimbursed to Vulcan in accord with Section 9. The Reimbursement Portion g will be reduced from time to time as Vulcan receives reimbursement payments. d U 15. "Permanent Acceptance Date" means the date on which City o and/or County accepts the completed Permanent Drainage Improvements into the storm water drainage facilities system of the accepting agency, as provided by Section 7 and Section 10. ; ,2 T 16. "Surrounding Benefitted Property(ies)" means any property a other than the Project or the Vulcan Property which drains directly or indirectly into the Interim E Drainage Improvements or the Permanent Drainage Improvements including, without limitation, U any or all of the parcels of real property identified in the attached Exhibits D-1.D-2 and D-3. 17. "Vulcan" means Calmat Co., a Delaware corporation, doing business as Vulcan Materials Company, West Region. w .3 B. In addition to the terms defined in paragraph A, other initially capitalized terms used in this Agreement will have the meaning given to those terms where they first appear in this Agreement. `o a 4. Fee Study Value Not Dependent on Actual Construction Costs. The Fee Study Value is based upon City's estimated construction costs for the Interim Drainage Improvements, y as established by the Development Impact Report. The Fee Study Value, and correspondingly, the Credit Portion and Reimbursement Portion, is not subject to increase or decrease based upon E the actual construction cost of the Interim Drainage Improvements as incurred by Vulcan. 0 5. Credit and Reimbursement Not Contingent on Specific Development Project As 2 of the Effective Date, Vulcan expects that the Purchaser will acquire the Purchase Parcel and E develop the Project. However, the Parties' rights and obligations under this Agreement are not o dependent upon the closing of the sale to the Purchaser or on the development of the Project or on any other development of the Vulcan Property. Vulcan will be entitled to the credits and reimbursement set forth in this Agreement regardless of the timing or order of development of the Vulcan Property. o 0 6. Cjty Approval of Design and Construction Plan. Prior to commencing construction of the Interim Drainage Improvements, Vulcan will cause the preparation of the E Plans and Specifications by an appropriately qualified civil engineer, licensed to practice in the 6 State of California and other consultants selected by Vulcan, in its sole and absolute discretion, d and submit them to City for review and approval. City will review the Plans and Specifications E for conformance to General Requirements(which includes City standards). a 7. Construction of Interim Drainage Improvements. A. Upon approval of the Plans and Specifications and provided that all necessary easements for access, construction and maintenance have been acquired, Vulcan may, 5 v 7414-"8535.1 Packet Pg. 194 in its sole and absolute discretion, provide Notice to City that Vulcan has elected to construct the Interim Drainage Improvements. In the event Vulcan so elects,Vulcan will cause construction of such Interim Drainage Improvements in accordance with City-approved Plans and Specifications, at the sole cost and expense of persons other than City. Vulcan will cause to be executed and delivered those reasonable, customary and routine land improvement agreements v and bonds or other securities that City requires of developers of similar public infrastructure within the municipal limits of City. If this Agreement and the terms of those other agreements U >_ conflict or are inconsistent,then the terms and requirements of this Agreement will control to the . extent of the conflict or inconsistency. 0 w B. Following completion of the Interim Drainage Improvements, and upon Vulcan's written request, City will inspect the Interim Drainage Improvements to determine a whether they have been completed in compliance with the Plans and Specifications. Following o City's approval of the completed Interim Drainage Improvements, Vulcan will offer to dedicate 0 the Interim Drainage Improvements to City and/or County, in accordance with City's and/or E County's reasonable routine and customary policies and procedures for the acceptance of public improvements. So long as the Interim Drainage Improvements have been constructed in accordance with the Plans and Specifications, City will accept the Interim Drainage 3 Improvements into its storm water drainage facility system and undertake responsibility for the maintenance, repair and replacement of the Interim Drainage Improvements (including any E associated access agreements) from and after the date of acceptance, subject to Vulcan's continuing obligations (if any) arising under the land improvement or similar agreements a described in paragraph A. E C. Vulcan shall comply with all Prevailing Wage Laws applicable to the design and construction of the Interim Drainage Improvements as determined by City. D. The Parties acknowledge that some or all of the Interim Drainage Improvements may be subject to County, rather than City, approval and acceptance. As to those Interim Drainage Improvements which are subject to County acceptance,the requirements of this 0 Agreement as to acceptance of the Interim Drainage Improvements will be satisfied and Vulcan E will be entitled to receive the credits and reimbursement from City as provided for in this in Agreement,upon County's acceptance. o 0 8. Application of Credit Portion to Future Storm Drain Impact Fees. 0 ro A. As provided by Municipal Code section 3.27.140 and in addition to N Vulcan's reimbursement rights under Section 9 Vulcan may, in its sole and absolute discretion, E apply the Credit Portion, in whole or in part, to offset, in whole or in part, the amount of any m Stone Drain Impact Fees imposed against the future development of the Vulcan Property, including the Purchase Parcel and the Project. Vulcan may, in its sole and absolute discretion, assign all or any portion of the Credit Portion to the Purchaser of the Purchase Parcel or to any z other purchaser of all or any portion of the Vulcan Property. City may not permit any person or =° entity other than Vulcan to apply all or any portion of the Credit Portion unless City has received a Notice from Vulcan consenting to such application and identifying the amount of the Credit Portion assigned by Vulcan. 6 V239 014--998585.1 PacketPg. 195 B. City's obligations under this Section 8 are obligations which run with the land of the Vulcan Property and which inure to the benefit of subsequent purchasers of the Vulcan Property, C. City's obligations under this Section 8 will commence on the Interim g Acceptance Date and will end on the Full Satisfaction Date. d U 9. Reimbursement from Developers of Benefitted Properties. o 0 U A. As provided by Municipal Code section 3.27.150 and in addition to `o Vulcan's credit rights under Section 8, Vulcan will be paid the Reimbursement Portion as T described in paragraph B. Q E B. In order to fund the Reimbursement Portion, City will require each v applicant for a permit to develop a development project on any Benefitted Property including, without limitation, any Surrounding Benefitted Property, which is at that time located within the municipal limits of City (including any portion of the Vulcan Property that is sold and developed), to either (1)produce evidence that Vulcan has assigned to such purchaser the Credit 3 Portion related to such Benefitted Property or (2) to pay to City the Storm Drain Impact Fee which is imposed against that development project by then-current City ordinance or resolution. City will not approve any application or grant any permit for a development project on a d Benefitted Property which is at that time located within the municipal limits of City (including a any portion of the Vulcan Property that is sold and developed), unless (a) the applicant or permittee produces evidence that Vulcan has assigned to such person the Credit Portion related E to such Benefitted Property; (b) City has received the payment of the Storm Drain Impact Fee required by this paragraph B; or(c) City is compelled by law to provide access to the Interim or a Permanent Drainage Improvements and is prohibited by law from assessing the Storm Drain E Impact Fee from this applicant or permittee or the subject development project. Without limiting Ir the generality of the foregoing, City will not otherwise allow any owner of a Benefitted Property to have access to the Interim Drainage Improvements or the Permanent Drainage Improvements, o` unless (i) such owner produces evidence that Vulcan has assigned to such purchaser the Credit E Portion related to such Benefitted Property; (ii) City has received payment of the Storm Drain In Impact Fee required by this paragraph B; or (iii) City is compelled by law to provide access to 0 the Interim or Permanent Drainage Improvements and is prohibited by law from denying such o owner access to the Interim Drainage Improvements or the Permanent Drainage Improvements. The Parties acknowledge and agree that City's obligations as set forth herein apply only to 0 Benefitted Property including, without limitation, any Surrounding Benefitted Property, that is N located within the municipal limits of City. Within thirty (30) days following receipt of any E Storm Drain Impact Fee required by this paragraph B, City shall pay an equal amount to Vulcan. C. The Reimbursement Portion will be payable to Vulcan regardless of °' whether it continues to own all or any portion of the Vulcan Property. Vulcan may, in its sole and absolute discretion, assign all or any portion of its right to receive the Reimbursement =° Portion and will provide Notice of any assignment to City. c 7 V29]-014-9985 85.1 Packet Pg. 196 7.J.b D. City's obligations under this Section 9 will commence on the Interim Acceptance Date and will end on the earlier of: (1) the fifteenth (15a') anniversary of the Interim Acceptance Date, and(2)the Full Satisfaction Date. 10. Construction of Permanent Drainage Improvements. g d d A. Upon approval of the Plans and Specifications and provided that all necessary easements for access, construction and maintenance have been acquired, Vulcan may, o in its sole and absolute discretion and at any time,provide Notice to City that Vulcan has elected to construct, or cause to be constructed, the Permanent Drainage Improvements. Nothing in this Agreement imposes an obligation on Vulcan to construct the Permanent Drainage Improvements. B. If Vulcan elects to construct and dedicate the Permanent Drainage o Improvements, Vulcan will proceed to do so in accord with the requirements and procedures applicable to the design, construction and dedication of the Interim Drainage Improvements, as described Section 6 and Section 7. For purposes of the design, construction and dedication of the Permanent Drainage Improvements, all references in Section 6 and Section 7 to the Interim s Drainage Improvements will be read and understood to mean the Permanent Drainage Improvements. d E C. Immediately upon the Permanent Acceptance Date, the following amendments to this Agreement will become applicable and effective, without need of either a Party's approval or other act: m E 1. Section 3.A.6 will be amended to read as follows: "Fee Study Value"means Seven Million Four Hundred Eighty-Seven Thousand One Hundred Fifty Dollars ($7,487,150), which is the amount established by the Development Impact Report as City's E estimated cost to construct the Combined Drainage Improvements." 2. A new defined term will be added to Section 3.A. to read as o follows: "Combined Drainage Improvements" means the Interim Drainage Improvements and E the Permanent Drainage Improvements, collectively, as generally described on the attached o Exhibit C-2." `n 0 3. All instances of the term "Interim Drainage Improvements" FN appearing in Section 4 will be replaced with the term"Combined Drainage Improvements". 0 4. Section 9.1) will be amended to read in its entirety as follows: N "City's obligations under this Section 9 will commence on the Permanent Acceptance Date and o will end on the earlier of: (1) the fifteenth (15") anniversary of the Permanent Acceptance Date, and(2)the Full Satisfaction Date." E 5. All references in this Agreement to "Credit Portion" and "Reimbursement Portion" will be read and understood to mean those Portions as calculated upon the revised meaning of "Fee Study Value" as set forth in subparagraph 1 of this paragraph C. 8 V28]-014--998585.1 7.J.b 11. Notices. A. As used in this Agreement, the term"Notice"means any request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other required or permitted communication. v v B. All Notices must be in writing and will be considered given: U C 0 1. When delivered in person to the recipient named below. w 2. On the date of delivery shown on the return receipt, after deposit in ,, the United States mail in a sealed envelope, postage prepaid, as either registered or certified mail, Q return receipt requested. E 0 U 3. On the date of delivery shown in the records of a reputable 9 delivery service(e.g. UPS or Federal Express). E M U C. All Notices must be addressed and delivered as follows: w 3 If to City: If to Vulcan: E City of San Bernardino Vulcan Materials Company, West Region d Attn: City Manager Attn: Legal Department a 300 North"D" Street, 6'Floor 500 N. Brand Boulevard, Suite 500 San Bernardino, CA 92418 Glendale,CA 91203 E N with a copy to: with a copy to: City of San Bernardino Gresham Savage Nolan&Tilden,APC Attn: City Attorney 550 E. Hospitality Lane, Suite 300 300 North"D"Street, 6s'Floor San Bernardino, CA 92408-4205 San Bernardino, CA 92418 Attn: Mark A. Ostoich ° E Kevin K. Randolph g U) D. Either Party may, by Notice given at any time, require subsequent Notices to be given to another Person or to a different address, or both. Notices given before receipt of N Notice of change of address will not be invalidated by the change. o 12. Entire Agreement. This Agreement is fully integrated and contains the entire N understanding and agreement of the Parties. There are no oral or written representations, E understandings or ancillary covenants, undertakings or agreements that are not contained or m expressly referred to in this Agreement. Parol evidence will not be admissible to interpret this v Agreement. E r U 13. Estoppel Certificates. Within ten (10) business days following a Party's written a request, and at no cost to the requesting Party, the other Party will certify in a written estoppel certificate that, to its actual current knowledge: 9 v M]4-M583.1 Packet Pg. 198 A. This Agreement is in full force and effect and is binding upon the certifying Party,except as otherwise expressly described in the estoppel certificate. B. This Agreement has not been amended or modified, except as otherwise expressly described in the estoppel certificate. g d d C. The requesting Party is not in default of its obligations under this 0 Agreement, and that there have been no events that with the passage of time,the giving of notice, o or both, would constitute the requesting Party's default under this Agreement, except as otherwise expressly described in the estoppel certificate. o w T D. The amounts described in the requesting Party's request as the remaining, o then-current balances of the Credit Portion and Reimbursement Portion are correct, except as o otherwise expressly described in the estoppel certificate. U A 14. Severability. Every provision of this Agreement is a separate and independent covenant. If any provision is, or the application of the provision in certain circumstances is, to any extent, found to be invalid or unenforceable for any reason whatsoever, then the remainder of this Agreement, or the application of that provision to circumstances other than those to which it is invalid or unenforceable, will not be affected. The Parties will negotiate in good faith any amendments or operating memoranda necessary to cure any invalidity or unenforceability. a 15. Interpretation and Governing_Law. This Agreement and any dispute concerning it = will be governed and interpreted in accordance with California's procedural and substantive ` — laws, without regard to its conflicts of laws principles. This Agreement will be construed as a N whole according to its fair language and common meaning. The rule of construction that ambiguities in a document are to be resolved against the drafting party may not be employed in E interpreting this Agreement. Each Party acknowledges that it was represented by counsel in this Agreement's negotiation and preparation. .E 16. Rules of Construction. E E `o A. All section headings and subheadings are inserted for convenience only and do not affect this Agreement's construction or interpretation. 0 N B. The singular of any word includes the plural. o 0 C. All references to "years", "quarters", months and days are references to calendar years, quarters,months and days. E rn m D. Time is of the essence as to the performance of any obligation as to which d time is an element. E L U E. All gender-specific terms used in this Agreement will be understood to a include the other gender, e.g. his includes hers, she includes he. F. The term "including"means "including, without implied limitation." 10 V277-014-998595.1 Packet Pg. 199 i 17. Waiver and Amendment. A. A Party's failure on any one or more occasions to insist upon strict compliance by the other Party, or a Party's failure on any one or more occasions to exercise its rights upon the other Party's default, is not a waiver of that Party's right to demand strict Y compliance by the other Party on any future occasion. d U B. This Agreement may be amended only by a written instrument signed by o both Parties' authorized representatives. 0 18. No Third Party Beneficiaries. This Agreement is entered into for the sole a protection and benefit of the Parties and their successors and assigns. No other person or entity o has any right of action based upon this Agreement. o U 19. Municipal Code. All Municipal Code references are references to the Municipal E Code as it exists on the Effective Date. E U 20. Jurisdiction and Venue. Except as otherwise required or permitted by law, all 3 legal actions and proceedings to enforce or interpret this Agreement must be filed and tried in San Bernardino Superior Court. £ E 21. Project as a Private Undertaking. The development of the Vulcan Property is a a private development and neither Party is acting as the agent of the other in any respect. Each Party is an independent contracting entity with respect to this Agreement. No partnership,joint venture or other association of any kind is formed by this Agreement. The only relationship N between City and Vulcan is that of a government entity regulating the development of private property by a private party. E .E 22. Further Actions and Instruments. Each Party must cooperate with the other and = provide reasonable assistance to the other in the performance of the other Party's obligations. o Upon a Party's request, the other Party must promptly execute (with notary acknowledgment if E required) those instruments, and take any reasonable actions, necessary to evidence or g` consummate the transactions expressly described, or which are a logical extension of the w transactions expressly described, in this Agreement. C4 23. Attorneys' Fees. If either Party files any action or brings any proceeding against o the other pertaining to the interpretation or enforcement of this Agreement, then the prevailing N Party will recover as an element of its costs of suit and not as damages its costs of suit, expert E fees, consultant costs, and reasonable attorneys' fees as fixed by the court, including fees and costs incurred on appeal. The costs, salaries, and expenses of the City Attorney and members of his office in connection with that action or proceeding shall be considered as attorneys' fees for the purposes of this Agreement. E U R 24. Authority to Execute. Each natural person executing this Agreement on behalf of a a Party represents that he or she has the authority to execute this Agreement on behalf of that Party and that he or she has the authority to bind that Party to this Agreement. [Signatures follow on next page) 11 v237-014-"8585,1 Packet Pg. 000 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first written above. "Vulcan" CALMAT CO., a Delaware corporation, doing business as Vulcan Materials Company, West Region d U 0 0 By: Michael Linton, Vice President w T C Date: 2012 a E 0 U "City" CITY OF SAN BERNARDINO, a California charter law city and municipal corporation r .3 C d By: E Andrea Travis-Miller, Acting City Manager a3 Date: 2012 Attest: E d N 7 a E Georgeann Hanna, City Clerk C Approved as to form: o` James F. Penman, City Attorney E 0 rn By O O O N E 03 R c m E z v 12 V237-014-996565.1 Packet Pg.201 7.J.b CSTATE OF CALIFORNIA ) COUNTY OF ) On 2012, before me, Notary Y Public, personally appeared proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument, o T C I certify under PENALTY OF PERJURY under the laws of the State of California that the o foregoing paragraph is true and correct. o U WITNESS my hand and official seal. U s_ 3 G Signature of Notary Public E i E d a STATE OF CALIFORNIA ) E COUNTY OF ) E On 2012, before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the ° within instrument and acknowledged to me that he/she/they executed the same in his/her/their o authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or in entity upon behalf of which the person(s)acted,executed the instrument. o 0 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 0 N WITNESS my hand and official seal. G d E U Signature of Notary Public a 13 V237-914-998585.1 PacketPg.202 U EXHIBIT A-1 c w T Legal Description of Vulcan Property a E 0 v E U t 3 c a) EXHIBIT"A" E d m PARCEL I: ar a 1I IAT PORTION OF LOT 37 OF RANCI IO MUSC'UPIABE AS PER MAP RECORDEDIN BOOK 7 PAUE23 OF MAPS INTIIE COUNTY RECORDERS c d OFFICE.IN 711E COUNTY OF SAN BGRNARDINO,STATE OF CALIFORNIA. E AND LOTS"N".'9"."P",AND"Q"IN BLOCK 12 OF RESUBDI VISION OF MEYER AND BARCLAY SUBDIVISION,PER MAP RECORDED IN BOOK 7 UE PAGE 18,OF MAPS.RECORDS OF SAID COUNTY,DESCRIBED AS FOLLOWS: a0 COMMENCING A I'THE INTERSECTION OF TIIE FAST LINE OF SAID LOF°Q° E Willi TIIE SOUTHERLY RIG1IT OF WAY LINE OF TI IE STATE I IIGII WAY, lU KNOWN AS U.S.HIGH WAY NO.66,AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 5 PAGE 59.OF RECORDSOF SURVEY OF SAID COUNTY; C TIIENCE SOUTH 02°33'19'WEST,126.45 FEET ALONG TIIE CAST LINE:OF SAID LOT"Q",TO THE NOR'TI IEAST CORNER OF PARCEL NO.I IN THE DEED TO SAN BERNARDINO WATER UTILITIES CORPORATION,RECORDED E DECEMBER I,1950,IN BOOK 2680 PAGE 163 OFFICIAL RECORDS OF SAID >_ COUNTY; 0 TIIENCE NORTI 187°46'd8"WEST.101.41 FEET ALONG TIIE NORTH LINE OF y SAID DEED TO TIIE.NORTHWEST CORNER TIIERFOF AS SI IOWN ON RECORD .. OF SURVEY 00-164 FILED IN BOOK 120 PAGES 7 TI IROUGII 14 OFRECORDS C) OF SURVEY OF SAID COUNTY,AND TO THE I RUl3 POINT OF RFGINNIN(L 00 N 'THENCE SOUTH 02934'38"WEST 431.03 FEET ALONG"f HE WEST LINE.OF SAID DEED TO THE NORTI IERLY RIGHT OF WAY OF THE ATCHISON, T TOPEKA AND SANTA FE:RAILWAY RIGIIT OF WAY LINE:AS SI IOWN ON SAID RECORD OF SURVEY 00-164; 2 TIIENCE.NORTI1WESTERLY ALONG SAID NORTHERLY LINE TO ITS 0 INTERSECTION WITI I TI IF BAST LINE OF MAP OF DEVORE,AS RECORDED IN a BOOK 17 PAGES 79 AND 80 OF MAPS,RECORDS OF SAID COUNTY; TIIENCE NORTHERLY ALONG SAID EAST LINE NORT11 15°41'30"EAST 924.35 c R FEET TO THE SOUTI IERLY LINE.OF TI IF PARCEL OF LAND CONVEYED TO O THE STATE OF CALIFORNIA.BY THE DEED RECORDED SF.PTCMBER 7,1937 IN BOOK 1231 PAGE 157 OF OFFICIAL RECORDS OF SAID COUNTY; D THENCE SOUTI I!7'09 I I"EAST 5490.88 FEET ALONG SAID SOOTI IERLY LINK G TO 111F:MOST NORTIIF.RLYCORNER OF TIIE.PARCH OFLANDDESCRIBED IN DIE DEEDTO MIL"I'ON M.PATE AND WIFE.,RECORDED SEPTEMBER 12, C O 19471N BOOK'_Ill PAGE 118 OF OFFICIAL RECORDS: a v N O7 tD O1 d Page I of IS J Q a xx w c d E Ia Exhibit A-1 V237-014-993692.1 Packet Pg.203 i' O W U 0 O w T G CL E O U R E EXHIBIT"A" U Z THENCE ALONG THE WESTERLY LINE OF SAID PATE PARCEL OF LAND,TUE FOLLOWING COURSES AND DISTANCES,SOUTH 42"54'19"WEST 227,59 FEET ?+ TO AN ANGLE THEREIN,SOUTH 47°09'56"EAST 629.54 FEET;THENCE C NORTU 87°4378"WEST I01A I FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: d d BEING A PORTION OF LOT 37 OF RANCHO MUSCUPIABE,IN THE COUNTY OF rn SAN BERNARDINO.STATE OF CALIFORNIA.AS PER MAP RECORDED IN Q BOOK 7 PACE 23 OF MAPS,RECORDS OF SAN BERNARDINO COUNTY,BEING C MORE PRECISELY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHWESTERLY RIGHT OF N WAY LINE OF CAJON BOULEVARD 170 FEET WI D E)AND TIIE EASTERLY LINE OF DEVORE TRACT,AS RECORDED IN BOOK 17 PAGES 78 THROUGH 80,RECORDS OF SAID COUNTY,AS SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 43 PAGES 17 AND 19.RECORDS OF SA ID COUNTY; E TIIENCE SOUTH 47°07'38"EAST,ALONG SAID SOUTI[WESTERLY RIGHT OF d WAY LINE OF CAJON BOULEVARD,A DISTANCE OF 3690.50 FEET; THENCE SOUTH 42.52'3S'WEST,A DISTANCE OF 1066.11 FEET TO A POINT THAT IS NORTI IEASTERLY 100.00 FEET.AS MEASURED PERPENDICULAR TO DIE NORTH WESTERLY RIGHT OF WAY LINE OF T14E ATCHISON,TOPEKA p AND SANTA FE RAILWAY,SAI D POINT BEING TFIE TRIIE POINT OF E BEGINNING NNING: L O THENCE NORTH 26°09'20"WEST,ON A LINE.PARALLEL W ITH AND 100.00 U) FEET NORTI MASTERLY AS MEASURED PERPENDICULAR TO SAID .. NORTHEASTERLY RIGHT OF WAY LINE OF TFIE ATCHISON.TOPEKA AND p SANTA FE RAILWAY,A DISTANCE OF 353.41 FEET; co TI IENCE NORTH 42°$2'22"FAST,A DISTANCE OF 335.31 FEET; N THENCE SOUTH 47°DT 38"FAST,A DISTANCE OF 330.00 FEET: TIIENCE.SOUTH 42"52'22"WEST,A DISTANCE OF 462.00 FEET,TO TI IF.TRUE >1 POINT OF BEGINNING. SAID DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE O- O ItF.COROF.D NOVEMBER 3.2004 AS INSTRUMENT NU.802477 UFFICIAI. !1 RECORDS. U 3 O C O CL Pose 2 or 15 U N v W 07 D) J Q X X W C O) E U t0 Exhibit A-1 a V237-014-993482.1 Packet Pg. 204 0 U L O Y_ T C R] 6 E O U m E EXHIBIT"A" 10 U t PARCEL2: '3 BEING A PORTION OF LOT 37 OF RANCHO MUSCUPIABE.IN THE COUNTY OF C SAN BERNARDINO.STATE OF CALIFORNIA.AS PER MAP RECORDED IN d BOOK 7 PAGF.23 OF MAPS,RECORDS OF SAID COUNTY,BEING MORE E PRECISELY DESCRIBED AS FOLLOWS: 4) L COMMENCING AT THE INTERSECTION OF THE SOUTHWESTERLY RIGHT OF OI WAY LINE OF CAJON BOULEVARD(70 FEET WIDE),AND THE EASTERLY Q LINE OF DEVORE TRACT.AS RECORDED IN BOOK 17 PAGES 78 THROUGH C 80,RECORDS OF SAID COUNTY,AS SOWN IOWN BY RECORD OF SURVEY ON d FILE IN BOOK 43 PAGES 17 AND I8,RECORDS OF SAID COUNTY; E THENCE SOUTH 47°07'38"EAST,ALONG SAID SOUTHER WESTERLY RIGHT y OF WAY LINE OF CAJON BOULEVARD.A DISTANCE OF 3690.50 FEET; ` THENCE SOUTH 42°32'3Y'WEST,A DISTANCE OF 1066.11 FEET 10 A POINT THAT IS NORTHEASTERLY 100.00 FEET,AS MEASURED PERPENDICULAR TO .0 THE NOR14TWEMRLY RIGHT OF WAY LINE OF THE ATCHISON TOPEKA E AND SANTA FE RAIL WAY.SAID POINT BEING THE TRUE POINT OF 'y BEGINNING: THENCE NORT1126-09'20"WEST.ON A LINE PARALLEL WITH AND 100.00 C FEET NORTHEASTERLY AS MEASURED PERPENDICULAR TO SAID Q NOR]ITEASTERLY RIGHT OF WAY LINE OF THE ATCHISON,TOPEKA AND SANTA FE RAIL WAY,A DISTANCE OF 353.41 FEET; E THENCE NORTH 42°52'2_T'EAST,A DISTANCE.OF 333.31 FEET; L THENCE SOUTI'147'07'38"EAST.A DISTANCE OF 33D.00 FEET; .0. THENCE SOUTH 42°52'22"WEST.A DISTANC E OF 462.00 FEE.TO THE TRUE. U) POINT OF BEGINNING. O SAID DESCRIPTION IS PURSUANT TO CERTIFICATE:OF COMPLIANCE 00 0 RECORDED NOVEMBER 3,2004 AS INSTRUMENT NO.902478 OFFICIAL N RECORDS. T t= d 0 O L IL r- 0 m U 3 r- 0 Pag 3 of 15 .Q U N d d 03 d J r Q a r 54 w c d E t d d Exhibit A-1 V237-014--993682.1 Packet P797?05 G O U O w T C a7 CL E 0 U m E m U EXHIBIT"A" s .3 c PARCELS E 'THAT PORTION OF LO'F 37 OF RANCHO MUSCUPIABE PER MAP RECORDED m IN BOOK 7 PAGE 23 OF MAPS AND LOTS"N"."O","P"AND"Q".IN BLOCK 12 i OF RE-SUBDIVISION OF MEYER AND BARCLAY SUBDIVISION,PER MAP RECORDED IN BOOK 12 PAGE 13 OF MAPS.BOTH IN TI HE COUNTY OF SAN Q BERNARDINO.STATE OF CALIFORNIA,IN THE OFFICE OF TI IE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS A WHOLE AS FOLLOWS: E d COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID LOT"Q" WITH THE SOUTHERLY RIGHT OF WAY LINE OF THE STATE HIGHWAY, WAY, � KNOWN AS U.S.HIGHWAY NO.66,AS SHOWN ON RECORD OF SURVEY E FILED IN BOOK 5 PAGE 39 OF RECORD OF SURVEYS IN SAID COUNTY RECORDERS OFFICE. THENCE SOU'T'H 02°33'19"WEST 126.45 FEET ALONG d SAID EAST LINE OF LOT"Q"TO THE NORTHEAST CORNER OF PARCEL NO.I M THE DEED TO THE SAN BERNARDINO WATER UTILITIES CORPORATION RECORDED DECEMBER I, 1950 IN BOOK 2680 PAGE 363 OF OFFICIAL Q RECORDS OF SAID COUNTY; THENCE ALONG THE NORTH LINE OF SAID DEED NORTH 87°16'48"WEST E 101.41 FEET TOTHE NORTHWEST CORNER THEREOF.AS SHOWN ON p RECORD OF SURVEY NO.00-164,FILED IN BOOK 120 PAGES 7 TFIROUGH 14 OF RECORD OF SURVEYS IN SAID COUNTY RECORDERS OFFICE; .. THENCE ALONG THE WEST LINE OF SAID DEED SOUTH 02°33'19"WEST 461.05 FEET TO TI IE NORTI IERLY LINE OF TIIE ATC HISON,TOPEKA AND o SANTA FE RAILROAD RIGHT OF WAY AS SHOWN ON SAID RECORD OF 04 SURVEY NO.00-164 AND 71 IE TRUE POINT OF BEGINNING; T THENCE EASTERLY ALONG SAID NORTI IERLY RIGIET OF WAY LINE.TOTHE Q. EAST LINE OF SAID LOT"Q": p THENCE ALONG SAID EAST LINE SOUTI102033'19 WEST 1237.67 FEET'TO THE d SOUTHEAST CORNER THEREOF AND THE SOUT IERLY LINE.OF SA ID BLOCK 12; c T IENCE ALONG SAI D SOUTIIERLY LINE SOUTH 89'18'02"WEST 1303.28 FEET U '11)THE NORTIHF:ASTERLY BOUNDARY LINE.OF A DEED RECORDED JULY 27.19481N HOOK 2268 PAGE 138 OF OFFICIAL RECORDS OF SAID C'OUNT'Y; THENCE ALONG SAID EASTERLY BOUNDARY LINE NORTH 22'2641"WEST `0 709.64 FEET TO THE WEST LINE OF SAID LOT"N", r TTF.NCE CONTINUING ALONG SAID NORTHEASTERLY BOUNDARY NORTH 0 42°42'24"WEST 4679.59 FEET TO TI IE EASTERLY LINE OF BLOCK 33 OF MAP CL OF DEVORE FILED IN BOOK 17 PAGES 79 AND 80 OF MAPS IN SAID COUNTY .7 RECORDERS OFFICE: N d O rn Palm 4 of 15 J Q Xx w c 0 E z U W Exhibit A-1 Q V237-014--993692 1 Packet Pg. 206 C O U O w T C d CL E O U a E EXHIBIT•'A" l0 U t THENCE ALONG SAID EASTERLY LINE NORTH 15'4 1'30'EAST 1318.10 FEET TO SAID NORTHERLY LINE OF THE ATCI IISON,TOPEKA AND SANTA FE 3 RAILROAD RIGHT OF WAY AS SHOWN ON SAID RECORD OF SURVEY NO.OD- C 164; d TI IENCE SOUTHEASTERLY AND EASTERLY ALONG SAID NORTI IERLY E RIGHT OF WAY LINE TO THE TRUE.POINT OF BEGINNING, d d EXCEPTING THAT PORTION THEREOF INCLUDED WITHIN THE PARCEL OF p3 LAND DESCRIBED IN THE DECLARATION OF TAKING.A CERTIFIED COPY Q OF WHICH WAS RECORDED APRIL 5.1947,IN BOOK 2031 PAGE 371 OF C OFFICIAL RECORDS IN SAID COUNTY RECORDERS OFFICE, d ALSO EXCEPTING THAT PORTION THEREOF CONVEYED TO THE SOUTHERN y PACIFIC COMPANY BY DEEDS RECORDED OCTOBER 1,19651N BOOK 6483 ` PAGES 673.646 AND IN BOOK 6783 PAGES 649-6$1 ROTH OF OFFICIAL 7 RECORDS IN SAID COUNTY RECORDERS OFFICE. L E PARCEL 4: d w AI3.MAT PORTION OF LOT 37,RANCI IO MVSCUPIADC,IN TI IE COUNTY OF c SAN BERNARDINO,STATE OF CALIFORNIA,ACCORDING TO TI IE MAP •� RECORDED IN ROOK 7, PAGE 23 OF MAPS.IN Till:OFFICE OF TI IE COUNTY RECORDER OF SAID COUNTY. BEING A PORTION OF SECTIONS 2.),10 AND C3 3I.TOWNSHIP i NORTH.RANGE 3 WEST. SAN BERNARDINO MERIDIAN, E ACCORDING TO THE OFFICIAL PIATTIIEREOF,IF SAID SECTION LINES WERE EXTENDED ACROSS SAID LAND, DESCRIBED AS FOLLOWS: 0 N COMMENCING AT THE POINTOF INTERSECTION OF TI IE SOUTHWESTERLY LINE OF T14E C'AION 11161 I WAY,ALSO KNOWN AS UNITED STATES HIGHWAY NO.68199 FF3iT 1N WIDTI I I WITII TI IE SOUTI IF.RI.Y I.IKE OF THE G co MEYER AND BARCIAY SUBDIVISION.AS PER MAP RECORDED IN TI IE N BOOK 12 OF MAPS.PAGE.18.RECORDS OF SAID COUNTY; THENCE SOUTH 44'03*25"EAST ALONG THE SAID SOUTHWESTERLY LINE. OF SAID CAJON HIGHWAY,A DISTANCE OF 490.93 FEET TO AN ANGLE d POINTTHEREON; Q THENCE SOUTH 52'1 40"FAST ALONG THE AFORESAID SOUTHWESTERLY p LINE OF SAID CA)ON 11101[WAY A DISTANCE OF 349.80 FEET TO AN ANGLE a POINT THEREON; TI IF.NCE SOUTII SIP 58.30"FAST ALONG Tf IE AFORESAID SOUTI IWF.STERLY C LINE OF SAID CAJON HIGHWAY.A DISTANC E OF 2840.55 FEET,MORE OR R C1 LESS,TO A POINT THEREON FOR TI IE TRU E POINT OF RFGINNINC, 7 16 r- 0 Page 5 of 15 C d N d A lA d J r Q M_ x x W c d E t V d Exhibit A-1 Q V237-016-99]692.1 Packet Pg. 207 7.J.c 0 0 U 0 O w_ T C A CL E 0 U m E m EXHIBIT"A" U L SAID TRUE POINT OF BEGINNING BEING DISTANT NORTHWESTERLY 10,035 ?+ FEET,MEASURED ALONG THE AFORESAID SOUTHWESTERLY WESTERLY LINE OF SAID C CAJON HIGHWAY,FROM THE POINT OF INTERSECTION OF THE AFORESAID m WESTERLY LINE OF CAJON HIGHWAY WITH THE NORTHERLY LINE OF E THAT CERTAIN PARCEL OF LAND CONVEYED TO THE FARM I IOMCS y CORPORATION BY DEED RECORDED IN BOOK 1011.PAGE 14.OF OFFICIAL RECORDS; Q THENCE PROM SAID TRUE POINT OF BEGINNING NORTH 50'58'30"WEST ALONG THE AFORESAID SOUTH(WESTERLY LINE OF SAID CAJON HIGHWAY 2140.35 FEET,MORE OR LESS.TO A POINT THEREON,SAID POINT BEING E DISTANT SOUTHEASTERLY 1240.93 FEET.MEASURED ALONG THE y AFORESAID SOUTHWESTERLY LINE OF SAID CAJON HIGHIWAY FROM AFORESAID INTERSECTION OF TI IE SOUTH WESTERLY LINE OF SAID CAJON 0 1110HWAY WITH THE SOUTHERLY LINE OF THE.SAID MEYER AND BARCLAY SUBDIVISION; E THENCE AT RIGHT ANGLES TO THE AFORESAID SOUTHWESTERLY LINE OF SAID CAJON HIGHWAY,SOUTH 39"01'30"(VEST,435.6 FELT; THENCE NORTH 51*34'30"(VEST 740.15 FEET,MORE OR LESS.TO AN INTERSECTION WITH A LINE WHICH BEARS SOUTH 37°44'20"WEST 435.6 FEET FROM A POINT IN THE AFORESAID SOUTI I WESTERLY LINC OE SAID p CAJON HIGHWAY.(SAID POINT IN SAID SOUTI4 WESTERLY LINE OF SAID E CAJON HIGHWAY BEING DISTANT SOUTH 40 03'39*EAST 490.93 FEET FROM THE AFORESAID INTERSECTION OF THE SOUTHERLY BOUNDARY OF 0 THE SAID MEYER AND BARCLAY SUBDIVISION WITH THE AFORESAID W SOUT14WESTERLY LINE OF SAID CAJON HIGHWAY); THENCE SOUTH 3T 44'20"WESTTO AN INTRRSECTION WITH THE ° EASTERLY BOUNDARY OF THAT CERTAIN PARCEL OF LAND CONVEYED o TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED IN BOOK 2268, N. PAGE 138 OF OFFICIAL RECORDS; >, TI IENCI.SOUTI IERLY ALONG TI IE SAID EASTERLY BOUNDARY OF'EI,IE SAID PARCEL CONVEYED TO SAN BERNARDINO COUNTY TO A POINT O. WHICH BEARS SOUTI 139°01'30"WEST FROM TIIE TRUE POINT OF O BEGINNING; d TI IENCE NORTH 139"01'30"EAST ALONG SAID LAST-MENTIONED LINE TO TI IE TRUE POIN"E OF BEGINNING. c O U EXCEPT THAT PORTION THEREOF INCLUDED WITH TI IE PARCEL OF LAND m DESCRIBED IN THE DECLARATION OF TAKING.A CERTIFIED COPY OF > W HICH WAS RECORDED APRII.S.19471N BOOK 2031,PA GE.362 OF OFFICIA1. 46 RECORDS,IN THE OFFICE OF T1 IE COUNTY RECORDER OF SAID COUNTY. c O Q `v N d Page 6 of 15 p m m d J Q 1? L X W C O E L _ U O Exhibit A-1 Q V23 7-014--9936821 Packet Pg. 208 C O 'a U c... L O w T C A O. E O U Y eo E m EXHIBIT"A" U S_ ALSO EXCEPT THAT PORTION CONVEYED TO SOUTHERN PACIFIC 3 COMPANY,BY DEED RECORDED OCTOBER I,1965 IN BOOK 6483,PAGES C 645646.OFFICIAL RECORDS, N E PARCEL S: m L ALL THAT PORTION OF LOT 37,RANCHO MUSCUPIABE,IN THE COUNTY OF Q SAN BERNARDINO.STATE OF CALIFORNIA,ACCORDING TO THE MAP RECORDED IN BOOK 7,PAGE23 OF MAPS,IN THE OFFICE OF THE COUNTY C RECORDER OF SAID COUNTY,BEING A PORTION OF SECTIONS 2 AND 3, 4 TOWNSHIP I NORTH,RANGE 3 WEST,SAN BERNARDINO MERIDIAN, E ACCORDING TO THE OFFICIAL PLATTHEREOF,IF SAID SECTION LINES y WERE EXTENDED ACROSS SAID LAND,DESCRIBED AS FOLLOWS: 3 a BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF THE E CAJON HIGHWAY.ALSO KNOWN AS U.S.HIGFIWAY NO.66.90 FEET WIDE, 'y WITH THE SOUTHERLY LINE OF THE MEYER AND BARCLAY SUBDIVISION. Q' AS PER MAP THEREOF RECORDED IN BOOK 12 OF MAPS,PAGE 18,RECORDS C OP SAID COUNTY; '90 TIIENCE 5OUTI144°3'23"EAST ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE.OF THE CAJON I41GI4 WAY,A DISTANCE OF 490.93 FEET TO AN Q ANGLE POINT IN THE SAID RIGHT OF WAY LINE; E THENCE ALONG A LINE SOUTH 37°44'20"WEST TO ITS INTERSECTION 0 WTfH THE EASTERLY BOUNDARY OF THAT CERTAIN PARCEL CONVEYED N TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED IN BOOK 2268, .. PAGE,138 OF OFFICIAL RECORDS; o TI IENCE NORTHERLY ALONG TFIE.SAID EASTERLY BOUNDARY LINES OF G SAID LAND CONVEYED TO SAN BERNARDINO COUNTY TO ITS INTERSECTION WITI I THE SOUTI WILLY LINE OF THE MEYER AND BARCLAY SUBDIVISIONS; ' THENCE EASTERLY ALONG THE SOUTHERLY LINE OF MEYER AND N BARCLAYSUBDIVISION T0111E POINT OF BEGINNING. C EXCEPT THAT PORTION TI IEREOF INCLUDED WITH TI4E PARCEL OF LAND yL OF'CRIBED IN THE DECLARATION OFTAKING,A CERTIFIED COPY OF p WHICH WAS RECORDED APRIL 5,1947 IN BOOK 201,PAGE.362 OF OFFICIAL V RECORDS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 7 ALSO EXCEPT TI IAT PORTION CONVEYED TO SOUTI IF.RN PACIFIC COMPANY,DEED RECORDED OCTOBER I.1965 IN BOOK 6483.PAGE 645646, O OFFICIAL RECORDS. C O CL L V IA d PoBc 7 of I S Q N Ol d J r Q aZ X w Y C d E r v m Exhibit A-I Q V237.01 4--9936921 Packet Pg. 209 7.J.c c 0 U O w T C CL E 0 U R E m EXHIBIT"A" U s .3 PARCEL 6: c N ALL THAT PORTION OF LOT 37,RANCHO MUSCUPIARF,IN THE COUNTY OF SAN BERNARDINO.STATE OF CALIFORNIA,ACCORDING TO MAP RECORDED IN BOOK 7.PAGE 23 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.BEING A PORTION OF SECTION!.TOWNSHIP Q 1 NORTH,RANGES WEST,SAN BF-RNARDINO MERIDIAN,ACCORDING 3'O GOVERNMENT SYSTEM OF SURVEYS,IF SAID SECTION LINE WERE G EXECUTED ACROSS SAID LAND,DESCRIBED AS FOLLOWS: d E v COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTHWESTERLY 'A LINE OF THE CAJON HIGHWAY,ALSO KNOWN AS U.S.HIGHWAY NO.66(90 FEET IN WIDTH):WITH TIIE SOUTHERLY LINE OF THE MEYER AND E BARCLAY SUBDIVISION AS PER MAP THEREOF RECORDED IN BOOK 12, .(D PAGE 19 OF MAPS.TIIEREOF,RECORDS OF SAN BERNARDINO COUNTY; Q. THENCE.SOUTH 44°03'25"EAST ALONG THE SOUTHWESTERLY LINE OF c SAID CAJON HIGHWAY A DISTANCE OF 490.93 FEET TO AN ANGLE POINT •� TI IEREIN FOR THE TRUF POINT OF BFGINNING; Ti IENCE FROM SAID TRUE POINT Of BEGINNING CONTINUING ALONG SAID E SOUTHWESTERLY LINE OF SAID CAJON HIGHWAY SOUTH 529 15.40"EAST 0 349.90 FEET TO AN ANGLE POINT THEREIN; y THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE OF SAID CAJON .. I IIGI[WAY SOUTH SO-58'30"EAST 400.20 FEET TO A POINT THEREON; o TI IENCE AT RIGHT ANGLES TO SAID LAST MENTIONED COURSE SOUTH 39° o 01'30"WEST 435.6 FEET; N T14ENCE NORTH 51'34'30"WEST 740.15 FEET,MORE OR LESS,TO A POINT T WHICH BEARS SOUTI137°44'20"WEST 435.6 FEET FROM THE TRUE.POINT OF BEGINNING; d THENCE.NORTH 370 44'20"EAST.435.6 FEET TO THE TRUE POINT OF Q O BEGINNING. a` EXCEPT UNTO THE GRANTOR HEREIN,ONE-HALF OF GRANTOR'S INTEREST c IN ALL 011.GAS.AND OTHER I IYDROCARBON SUBSTANCES BELOW A !� DEPTH OF 500 FEET UNDER THE PROPERTY DESCRIBED HEREIN,TOGETHER ; WITH RIGHTS OF INGRESS.EGRESS AND SURFACE.ENTRY SUBJECT TO THE. PROVISIONS SET FORTH THEREIN AS RESERVED BY PAULINE M.FAUGHT, `O IN DEED)RECORDED JUNE 22.1981.AS INSTRUMENT NO.81-135426, c0 OFFICIAL RECORDS. 0 Q v N 63 O m 03 Page 8 of 15 J r Q t x W �1 c at E t 0 W Exhibit A-1 Q V 7-014--9936921 PacketPg. 210 7.J.c c 0 m U `0 w c C E 0 U m E R EXHIDIT"A" U t 3 PARCEL7: c ALL THAT PORTION OF LOT 37,RANCHO IvIUSCUPIABE.IN THE COUNTY OF m SAN IIERNARDINU.STATE.OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7,PAGE 23 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,BFING A PORTION OF SECTIONS 11, 12,13 AND 14, Q TOWNSHIP I NORTH.RANGE 3 WEST.SAN BERNARDINO MERIDIAN, ACCORDING TOT[IC OFFICIAL PLAT THEREOF,IF SAID SECTION LINES WERE EXTENDED ACROSS SAID LAND,DESCRIBED AS FOLLOWS: E COMMENCING ATTHE POINTUF INFERSECTION OF THE SOUTHWESTERLY uGi RIGHT OF WAY LINE OF CAJON HIGHWAY.KNOW AS U.S.HIGHWAY 66.90 j FEET WIDE;WITH THE NORTHERLY LINE OF THAT CERTAIN PARCEL a CONVEYED TO FARM HOMES CORPORATION BY DEED RECORDED E OCTOBER 13,1934 IN BOOK 1011.PAGE 14,OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF CAJON c HIGHWAY A DISTANCE OF 250 FEET TO THE TRUE POINT OF BEGINNING; D THENCE CONTINUING NORTHWESTERLY ALONG SAID SOUTH WESTERLY E LINE OF CAJON HIGH WA Y AS DISTANCE OF 6523 FEET; THENCE SOUTH WESTER LY ALONG A LINE AT RIGIIT ANGLES TO THE SOUTH WESTERLY LINE.OF CAJON HIGH WAY TO ITS POINT OF 1n INTERSECTION WITH THE EASTERLY LINE OF THAT CERTAIN PROPERTY o CONVEYED TO TI HE COUNTY OF SAN BERNARDINO BY DEED RECORDED ° JULY 27,1945 IN BOOK 2268,PAGE.138 OF OFFICIAL RECORDS OF SAID ° N COUNTY; THENCE SOUTHERLY ALONG THE EASTERLY BOUNDARY OF TIIE SAID >, LAND CONVEYED TO SAN 0ERNARDINO COUNTY TO ITS INTERSECTION W ITH THE NORTHERLY LINE OF AFORESAID PARCEL CONVEYED TO$A 10 p. FA RM HOMES CORPORATION,OR THE PROLONGATION T14CREOF; 0 THENCE EASTERLY ALONG SAID NORTHERLY LINE OF TI JE SAID PARCEL ¢ CONVEYED TO FARM HOMES CORPORATION,TO THE POINT OF p INTERSECTION WITII A LINE.DRA WN AT R101IT ANGLES TO TI IF. u SOUTHWESTERLY LINE OF CAJON HIGHWAY FROM TI IF.ABOVE 3 DF'SCRIBEDIRUF.POINT OF'REOINNING; THENCE NORTHEASTERLY ALONG SAID LAST MENTIONED LINE TO THE O TRUE POINT OF BEGINNING. c EXCEPT TI IAT PORTION THEREOF INCLUDED WITHIN THE PARCELS OF LAND DESCRIBED IN TI IE•DECLARATION OFTAKING BY THE UNITED �- STATES OF AMERICA RECORDED JUNE 3,1947 IN BOOK 2051,PAGE 470, U OFFICIAL RECORDS OF SAID COUNTY. O A Pogo 9 of 15 y J r Q Z X W r V C 01 Z D Exhibit A-1 Q YlJ'/-0H--96821 C O T U O w T C A a E 0 U Y L4 E EXHIBIT"A" O1 U s Y ALSO EXCEPT THAT PORTION CONVEYED TO THE SOUTHERN PACIFIC .3 COMPANY BY DEED RECORDED IUNE 1.19661N BOOK 6637.PAGE 46. C OFFICIAL RECORDS OF SAID COUNTY. y ALSO EXCEPT THAT PORTION CONVEYED TO THE SOUTHERN PACIFIC E COMPANY,BY DEED RECORDED OCTOBER Il,19651N BOOK 6490,PAGE 203. m OFFICIAL RECORDS OF SAID COUNTY AND BY DEED RECORDED JULY 8, 07 19661N BOOK 6639,PAGE 336,OFFICIAL RECORDS OF SAID COUNTY. Q Y ALSO EXCEPT THAT PORTION LYING WITHIN A STRIP OF LAND 300 FEET C WIDE DESCRIBED IN JUDGMENT AND FINAL ORDER OF CONDEMNATION, N RECORDED DECEMBER 21,19721N BOOK 8086,PAGE 946,OFFICIAL y RECORDS. 7 ALSO EXCEPT THAT PORTION DESCRIBED AS PARCEL NOS.I,2 AND 3 IN THE DEED TO SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT, E RECORDED FEBRUARY 7,1973 IN BOOK 8116,PAGE 998,OFFICIAL RECORDS. C PARCELS: ALL THAT PORTION OF THE RANCHO MUSCUPIABF,IN THE COUNTY OF SAN BERNARDINO.STATE OFCALIFORNIA,AS PER PLAT RECORDED IN E BOOK 7 OF MAPS,PAGE;23,IN TIE OFFICE OF THE RECORDER OF SAID �0 COUNTY AND BEING A PORTION OF SECTIONS 13 AND 14,TOWNSHIP I N NORTH,RANGE 5 WEST.SAN BERNARDINO MERIDIAN.IF SAID SECTION .. LINES WERE EXTENDED ACROSS SAID RANCHO.DESCRIBED AS FOLLOWS: O OD COMMENCING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF G THE CABLE CANYON COUNTY FLOOD CONTROL LAND.AS PER DEED RECORDED AUGUST 30.1945.IN BOOK 1799 OF OFFICIAL RECORDS,PAGE 366.RECORDS OF SAID COUNTY.AND THE WESTERLY EXTENSION OF THE CENTER LINE OF THIRD AVENUE AS SHOWN ON TRACT NO.2924.AS PER MAP RECORDED IN BOOK 39 OF MAPS,PAGE 7 AND 8.RECORDS OF SAID C COUNTY.SAID INTERSECTION BF[NG NORTH 89°45'WEST,286.59 FEET L IL MEASURED ALONG SAID WESTERLY EXTENSION OF THE CENTER LINE OF TI IIRD AVENUE.FROM TI IE CENTER LINE INTERSECTION OF THIRD AVENUE C A AND OKAY STREET AS 5FI01VN ON SAID TRACT N0.2824; O THENCE NORTI141'40'45"FAST.12.11 FEET; 7 THENCE NORTH 06 00'15"EAST,1927.05 FEET; > THENCE NORTH 89'43'WFiT,30.00 FEET TO A POINT HEREINAFTER C CALLED POINT"A', C O Y 0. PaBc 10 of IS y d Ol d J r Q Y a_ x JI W Y C d E V A Exhibit A-1 Q V217-014-99 MI Packet Pg.212 7.J.c c 0 m C3 `0 w T G R CL E O U m E m EXHIBIT"A" U L THENCE FROM SAID POINT-A"NORT1189°43'WEST.943.32 FEET TO A 3 POINT HEREINAFTER CALLED POINT"B".IN TIME SOUTHEASTERLY LINE OF THE LAND DESCRIBED AS PARCEL P-6 IN THE LIS PENDENS,RECORDED E SEPTEMBER 13,1945.IN BOOK 1809 OF OFFICIAL RECORDS PAGE 43, 4' RECORDS OF SAID COUNTY; d TI IF.NCF.A LONG T1 E.SOU"I'HFASTF,RLY LINE OF SAID PARCEL P-6 NORTH pI 14"22.30"EAST,796.44 FEET TO THE NORTHEASTERLY CORNER OF SAID Q PARCEL P-6 FOR THE TRU C POWT OF BEGINNING; 6) TI WNCE FROM T1 IE TRUE POINT OF 8EG INN ING ALONG TI IE E NORTHEASTERLY Li HE OF SAID PARCEL Pfi.NORTH 7A 37'30"IVES"I, m 200.00 FEET TO TI IE NORTHWESTERLY CORNER OF SAID PARCEL.P-6' ALONG THE NORTHWESTERLY LINE OF SAID PARCEL P•6 SOUTH W°22'30"WES7,1156.27 FEET TO A POINT TI IEREIN WHICH REARS NORTH E W'22'30 EAST,1205.17 FEET FROM THE SOUTHWESTERLY CORNER OF SAID .0 PARCEL Pfi; m THENCE DUE WEST795.50 FEETTO A POINT IN THE WESTERLY LINE OFTIIE c LAND DESCRIBED AS PARCEL.I IN THE DEED TO CHARLES S.OLDER.ET UX.,RECORDED APRIL 30,1954,IN ROOK 3374 OF OFFICIAL.RECORDS,PAGE Q J63; THENCE•.ALONG THE WESTERLY LINE OF SAID LAND 50 CONVEYED TO E OLDER NORTH HV 45'WEST.1848.30 FEET,MORE OR LESS.TO THE LO NORTHWEST CORNER OF SAID LAND$0 CONVEYED TO OLDER.SAID � CORNER BEING A POINT IN THE NORTHERLY LINE OF THE LAND , DESCRIBED AS PARCEL 101N T1 DEED TO FARM HOMES CORPORATION.A ° CORPORATION.RECORDED OCTOBER 13.1934,IN BOOK 1011 OF OFFICIAL m RECORDS.PAGE 14.RECORDS OFSAID COUNTY; ° THENCE ALONG THE LAST DESCRIBED NORTHERLY LINE AND THE NORTI IERLY LINE OF SAID LAND SO CONVEYED TO OLDER.SOUTH alp 45' T EAST,2043.90 FEET,MORE Olt LESS,TO TI IF NORTNWFST CORNI".R OF THE v If LAN D ACQUIRED BY CHARLES S.OLDER.ET AI_.RECORDED AUGUST 3, 0- 1949,IN BOOK 2442 OF OFFICIAL RECORDS.PAGE 432; O THENCE ALONG THE WESTERLY LINE OF THE LAST DESCRIBED LAND 50 11 ACQUIRED BY OLDER.SOUTH 14-?T 30"WEST.698.65 FEET TO TI IE TRUE c POINTOF BEGINNING. @ _U EXCEPTING THEREFROM THAT PARCEL OF LAND CONVEYED TO O SOUTHERN PACIFIC COMPANY.A DELAWARE CORPORATION IN DEED > RECORDED DECEMBER 23.1965.IN ROOK 6537,PAGE 932,OFFICIAL O RECORDS c O .a O N a) PaBc II of 15 iy m d J Q a xx w c m E `... L O A Exhibit A-1 vvv-ols--ss�saa.i Packet Pg.213 7.J.c c o U O w T G Q E 0 U m E R EXHIBIT"A" U L 3 EXCEPTING THEREFROM ALL OF THE ABOVE DESCRIBED LAND,540F ALL c 011.,GAS AND OTHER I IYDROCARDONS AND MINERALS NOW OR AT ANY y TIME HEREAFTER SITUATED THEREIN AND THEREUNDER OR PRODUCIBLE E THEREFROM.TOGETHER.WITH THE FREE AND UNLIMITED RIGHT TO MINE, DRILL AND BORE AT ANY LEVEL OR LEVELS 500 FEET OR MORE BELOW THE SURFACE.OF SAID LAND,AS RESERVED IN THE DEED FROM CHARLES Q S.OLDER.ET AI...RECORDED OCTOBER 36,1956,IN BOOK 4073 OF OFFICIAL RECORDS.PAGE.461,OFFICIAL RECORDS. 0 E 0 PARCEL 9: ALL THAT PORTION OF THE RANCHO MUSCUPIABE AS PER PLAT RECORDED IN MAP BOOK 7,PAGE 23,RECORDS OF SAN BERNARDINO E COUNTY,STATE OF CALIFORNIA,AND BEING A PORTION OF SECTIONS 13 AND 19 OF TOWNSHIP I NORTI 1,RANGE S WEST,SAND BERNARDINO BASE AND MERIDIAN,IF SAID SECTION LINES WERE EXTENDED ACROSS SAID c RANCHO,DESCRIBED AS FOLLOWS: O COMMENCING AT TI IE INTERSECTION OF 1 HF.NORTI I WESTERLY LINE OF £ THE CABLE.CANYON COUNTY FLOOD CONTROL LAND,AS PER DEED Lo RECORDED AUGUST 30.1915,IN BOOK 1799,PAGE 366 OF OFFICIAL to RECORDS OF SAID COUNTY,AND THE WESTERLY EXTENSION OF THE .. CEN FER LINE OF THIRD AVENUE AS SHOWN ON TRACT NO.2874 AS PER c PLAT RECORDED IN NIAP BOOK 39,PAGES 7 AND 8,RECORDS OF SAID c COUNTY,SAID INTERSECTION BEING NORTH 89°45'WEST,286.59 FEET MEASURED ALONG SAID WESTERLY EXTENSION OF TI Jr.CENTER LINE OF THIRD AVENUE FROM THE CENTER LINE.INTERSECTION OF TIIIRD AVENUE T AND GRAY STREET AS SI IOWN ON SAID TRACT NO.2824; r d 1'FIENCf.NORTH 41'40'43-FART,12.11 FEET; a THENCE NORTH 0°00' IS"EAST,1927.05 FEET: 0 TI I ENCE NORTH 8'7°45'WEST,30.00 FEET TO A POINT HEREINAFTER (- CALLED POINT"A-; c TI IENCE FROM SAID POINT"A"NORTI 189°45'WEST,945.33 FEET TO A u POINT IN THE SOUTHEASTERLY I.INF.OF THE LAND DESCRIBED AS PARCEL 3 P-6 IN THE LIS PF.NDENS RECORDED SEPTEMBER 13,1945.IN BOOK 1809, > PAGE 43 OF OFFICIAL RECORDS OF SAID COUNTY,SAID POINT BEING REFERRED TO HEREINAFTER AS POINT"B"; 0 THENCE FROM SAID POINT"B"ALONG TI IE SOUTHEASTERLY LINE OF SAID 0 PARCEL P-6 NORTH 14°22'30"EAST,796.44 FEET TO THE NORTIIF.ASTERLY CORNER OF SAID PARCEL P-6; 2L U N 61 R Page 12 of 15 v J Q XX W d L u Exhibit A-1 a Y 7-016-9916811 Packet Pg.214 0 U `o T G R CL E O U E m EXHIBIT"A" U s THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL P-6 NORTH 3 75'37'30"WEST,200.00 FF.ETTO THE NORTHWESTERLY CORNER OF SAID PARCEL P-6; E TI IENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL P-6 SOUTH d 14'22'30"WEST,1156.37 FEET TO A POINT THEREIN WHICI I BEARS NORTH d I4°22'30-EAST,1203.[7 FEET FROM THE SOUTHWESTERLY CORNER OF m SAID PARCEL P-6,SAID POINT BEING THE TRUE POINT OF BEGINNING; Q TIIENCE FROM TIIETRUE POINT OF BEGINNING SOUTH 14222'30-WEST. v 1205.17 FEET ALONG THE NORTHWESTERLY LINE OF SAID PARCEL P-6 TO E THE SOUTHWESTERLY CORNER OF SAID PARCEL P-6; m N THENCE DUE WEST I00.00 FEET; � THENCE NORTH 19'45-WEST,1232.88 FEETTO A POINT WHICH BEARS DUE a WEST FROM TI IE TRUE POINT OF BEGINNING: E THENCE DUE EAST 795.50 FEET,MORE OR LESS,TO THE TRUE POINT OF •—y BEGINNING, w s= EXCEPTING THEREFROM ALL OF TI IE ABOVE DESCRIBED LAND,ONE-HALF 'Ip (112)OF ALL OIL,GAS AND OTHER HYDROCARBONS AND MINERALS NOW OR AT ANY TIME HEREINAFTER SITUATED THEREIN AN D THEREUNDER OR PRODUCIBLE THEREFROM,TOGETI IER WITH TI IR FREE AND UNLIMITED E RIGHT TO MINE.DRILL AND BORE AT ANY LEVEL OR LEVELS 500 FEET OR `0 MORE BELOW THE SURFACE OF SAID LAND AS RESERVED IN THE DEED U) FROM CHARLES S.OLDER.ET AL.,RECORDED JULY 23.1956,IN BOOK 3993. .. PAGE 412,OFFICIAL RECORDS. 0 N PARCEL 10:(EASEMENT) T AN FASEM ENT AND RIGHT OF WAY FOR ROAD PURPOSES AND FOR THE d INSTALLATION.OPERATION,MAINTENANCE,REPAIR,INSPECTION. O- ENLARUEME.NT,REPLACEMENT AND RF.MOVAI.OF PUBLIC UTILITIES FOR O` USE IN COMMON WITH OTHERS.FOR ACCESS TO THE ABOVE DESCRIBED d LAND OVER THAT PORTION OF THE RANCHO MUSCUPIABE,IN THE m COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP O RECORDED IN BOOK 7 OF MAPS.PAGE 23.RFCORDS OF SAID COUNTY.AND BEING A PORTION OF SECTIONS 13 AND 14,TOWNSI HP I NORTH,RANGE 5 > %VEST.SAN BERNARDINO MERIDIAN,IF SAID SECTION LINES WERE EXTENDED ACROSS SAID RANC'I10,DESCRIBED AS FOLLOWS; a BEGINNING AT SAID POINT"A",I1F.REINABOVF DESCRIBED; 0 THENCE IN A STRAIGHT LINETO SAID POINT"B".HEREINABOVE �- DESCRIBED; rn d O Page 13 or 15 O J r Q a x X W E C u v r U Exhibit A-1 G V217-019--9936UI Packet Pg. 215 7.J.c 0 W U 0 _O a G 14 O- E O U m E m EXHIRFF"A" U s THENCE IN A STRAIGHT LINE TO THE NORTHEAST CORNER OF SAID 3 PARCEL Pfi,HEREINABOVE DESCRIBED: m TIIENCE CONTINUING NORTH 14°23'39-EAST.30 FEET; E THENCE SOUTH 75°37'30"FAST,30 FEET; 0/ TIIENCE ALONG A LINE PARALLEL TO AND DISTANT 30 FEET,MEASURED m AT RIGHT ANGLES.FROM THE SOUTHEASTERLY LINE.OF SAID PARCEL F-6. � AND THE NORTHEASTERLY EXTENSION OF SAID LINE,SOUTI4 14°32'30" Q WEST,763.23 FEET; G THENCE SOUTH 44'45'EAST,3390 FEET TO A POINT WHICI I IS DISTANT 30 m FEET,MEASURED AT RIGIIT ANGLES NORTHERLY FROM SAID LINE. E ADJOINING SAID POINT"A"AND SAID POINT"B"; N THENCE ALONG A LINE PARALLEL TO AND DISTANCE 30 FEET,MEASURED AT RIGHT ANGLES FROM SAID LINE ADJOINING SAID POINT"A"AND SAID .O POINT"B"SOUTH 89°45'EAST,906.70 FEET TO A POINT WI I ICH BEARS E NORTH 0°00' IS"EAST,30 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH 0°00'13"WEST,30 FEET TO THE POINT OF BEGINNING. G PARCEL 11:(EASEMENT) C3 A ROAD EASEMENT OF A UNIFORM WI DT OF 30.00 FEET FOR ACCESS TO 0 THE ABOVE DESCRIBED LAND,FOR USE.IN COMMON WITH OTHER, DESCRIBED AS FOLLOWS: (n BEGINNING AT SAID POINT"A".IIEREINABOVE DESCRIBED; o THENCE ALONG A STRAIGHT LINE.TO SAID POINT"B"HEREINABOVE w DESCRIBED; 714ENCE ALONG A STRAIGHT LINE.TO THE NORTHEASTERLY CORNER OF SAID PARC EL P-6; THENCE ALONG A STRAIGHT LINE TO THE NORTHWESTERLY CORNER OF 02 CL SAID PARCEL P-6; O THENCE ALONG A STRAIGHT LINE TO THF.NORTHEASTERLY CORNER OF 0`, THE ABOVE DESCRIBED LAND; c TIIENCE ALONG THE NORTH LINE OF TI4E ABOVE DESCRIBED LAND DUE u WEST TO A POINT THEREIN WATCH IS DISTANT 30 FEET,MEASURED AT RIGHT ANGLES,FROM THE NORTI I WFSTF.RI.Y LINE OF SAID PARCEL Pfi; 3 TIIENCE ALONG A LINE.PARALLEL TO AND DISTANT 30 FEET,MEASURED AT RIGHT ANGLES FROM TIE NORTH WESTERLY LINE OF SAID PARCEL P-6 O NORTI 114°32'30"FAST TO A POINT TIIERCIN WI1IC31 BEARS NOR'D 173°37' 30"WEST 30 FEET FROM TI IE NORTHWESTERLY CORNER OF SAID PARCEL Q Pfi; "fI4ENCE CONTINUING NORTH 14°22'30"EAST,30 FEET: t j a d R Page W of l3 d J Q JZ L X W 6) E r U O Exhibit A-1 C V237A14--9936821 F%cket Pg. 216 J.c c 0 U O w T C m G E O U « m E R U EXHIBIT"A" s « THENCE SOUTH 750 37'30"EAST,260 FEET; THENCE ALONG A LINE PARALLEL TO AND DISTANT 30 FEET,MEASURED E AT RIGHT ANGLES.FROM THE SOUTHEASTERLY LINE OF SAID PARCEL P-6 y SOUTH 140?:'30"WEST TO A POINT TIIF.REIN WHICH IS DISTANT 30 FEET, m MEASURED NORTHERLY AT RIGHT ANGLES,FROM A STRAIGHT LINE Q JOINING SAID POINT"A'AND SAID POINT-11"; TIIF.NCE SOUTH 890 JS'FAST ALONG A LINE PARALLEL TO AND DISTANT 30 C FEET.MEASURED NORTHERLY AT RIGHT ANGLES,FROM A STRAIGHT LINE £ JOINING SAID POINT"A"AND SAID POINT"B"TO A POINT THEREIN WHICH d BEARS NORTH 00 0' 15"EAST,30 FEET,TO SAID POINT"A"' ` THENCE SOUTH 00 00'15"WEST,30 FEETTO SAID POINT a EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 7 ABOVE E DESCRIBED. ALSO EXCEPTING THAT PORTION LYING WITHIN PARCEL 9 ABOVE DESCRIBED. c O E L O co« fA o 0 N_ T CL C) 0 O IL c m U 7 1 O C O w O. .L O N d m O) m J r Page IS of IS Q a X>< w c d E L U m Exhibit A-1 a Vv7-014--9MR I racket Pg�,21i ' i ® Y EXHIBIT A-2 c Depiction of Legal Parcel U O w T c EXHIBIT A c Cajon Creek Properly Map c U m A E m U wwn: L .3 nunzi� C d E d d Q ream, r+ wuYt�• � d E d E_ \ E 1 \\\ O ..w.. eo su¢unrmr*- - N, Q. warn, 1p a T: g d 6 O L a Y LEGEND: V INDICATES VULCAN OWNERSHIP c O Q a_ s X w :: c d E s U Exhibit A-2 Q V237A1d--993612.1 Packet Pg. 218 Y d EXHIBIT B c Site Map 0 U L O w T C Exhibit"B" a Cajon Creek Property Map E 0 U Y ��. E `... '� /L C d E d L a E t as D: P c s4 � % �. 0 3 � aD pU��waa. N t� 0. at t. E o >, i� tt d a 0 N d V` Y P L U c O 0 tOp0 1g0o •.000 �p Y a L X W Y C d V Y Exhibit B a 7.J.f Y d d U EXHIBIT C-1 = 0 Interim Drainage Improvements cY 0 w T COST ESTIMATE - Preliminary Offsite Storm Drain Improvements Q Prepared by:THIENES Engineering,Inc.-14349 Rrestone Blvd,La Mirada,CA(714)521-4811(Brian 7hienes) E 0 PROJECT- Cajon Blvd. - San Bernardino DATE: 1118/2012 v R CLIENT- NI!/wood E JOB NO.- 3073 m U OPTION "H" Interim (10,918') r NO DESCRIPTION QUANTITY '3 1 PUBLIC STORM DRAIN IMPROVEMENTS 2 CONSTRUCT Vr STORM DRAIN(lateral piping for inlets 300 LF y 3 CONSTRUCT 24'STORM DRAIN gaterel piping for inlets 250 LF E 4 CONSTRUCT 36'STORM DRAIN 65 LF m 5 CONSTRUCT 60'STORM DRAIN 2609 LF `pr 6 CONSTRUCT 77 STORM DRAIN 4001 LF Q 7 CONSTRUCT 84'STORM DRAIN 1966 LF C 8 CONSTRUCT 96'STORM DRAIN 1268 LF s E d 10 CONSTRUCT TRAPAZOIDAL OPEN CHANNEL 39000 SF 11 INSTALL LG RIP-RAP ALONG SIDES OF OPEN CHANNEL 15600 SF 3 a 12 E 13 CONSTRUCT MANHOLE 14 EA '0 14 CONSTRUCT JUNCTION STRUCTURE W/MANHOLE 7 EA w 15 CONSTRUCT 7'WIDE-SIDE INLET CATCH BASIN 2 EA 16 CONSTRUCT I4 ODE-SIDE INLET CATCH BASIN 4 Flt m 17 CONSTRUCT CMP DROP INLET RISER&HOOD 5 EA 18 E 19 ICONSTRUCT HEADWALL OUTLET STRUCTURE 1 Flt O 20 1 q 21 SAWCUT,REMOVE AND REPLACE ExiSTING PAVEMENT 79000 SF ' 22 23 ° N 24 25 26 = 4 z7 E 28 m zs o 30 Q. 31 E 32 0 33 A c O E C U a t X W C 4) E u u Exhibit C-1 —Page I Packet Pg. 220 s d c 0 U O w T C W Q E O U m E R U m 3 C d E v m tm E m N 7 E v 0 V � E •� o m E 0 Q x m o a 0 U! z C z E O v P: o' o Q z_ E d m D c d z O N _ r U a r X w c d E r v Exhibit C-I -Page 2 V237 14 -993682.1 ¢ Packet Pg. 221 7.J.g c 0 EXHIBIT C-2 V 0 w Combined Drainage Improvements m CL COST ESTIMATE - Preliminary Offsite Storm Drain Improvements Prepared by:7HIENES Engineering Inc.-14349 Rrrestone Bhrd.,La Mirada, CA(714)521-4811(Brian 7hienes) m PROJECT- Cajon Blvd. -San Bernardino DATE: 1/18!2012 I m V CLIENT- Hilhvood t JOB N0.- 3073 .3 OPTION "H" (11,904') N0. DESCRIPTION QUANTITY 1 PUBLIC STORM DRAIN IMPROVEMENTS m 2 CONSTRUCT 18'STORM DRAIN Oateml piping for inlets 300 LF 3 CONSTRUCT 24'STORM DRAIN Oateral plong for inlets) 300 LF 67 Q 4 CONSTRUCT 36'STORM DRAIN 85 LF 5 CONSTRUCT 60'STORM DRAIN 2609 LF E 6 CONSTRUCT 77 STORM DRAIN 4001 LF E 7 CONSTRUCT 84'STORM DRAIN 1966 LF 8 CONSTRUCT 96'STORM DRAIN 1349 LF 3 n 9 CONSTRUCT 108'STORM DRAIN 523 LF E 10 CONSTRUCT TRAPAZOIDAL OPEN CHANNEL 56000 SF 'y 11 INSTALL LG. RIP-RAP ALONG SIDES OF OPEN CHANNEL 22400 SF 12 13 CONSTRUCT MANHOLE 16 EA 14 CONSTRUCT JUNCTION STRUCTURE W1 MANHOLE 7 EA O 15 CONSTRUCT T WIDE-SIDE INLET CATCH BASIN 2 EA 16 CONSTRUCT 14'WIDE-SIDE INLET CATCH BASIN 4 EA 0 17 CONSTRUCT CUP DROP INLET RISER 8 HOOD 6 EA 18 0 19 CONSTRUCT HEADWALL OUTLET STRUCTURE 1 EA o 20 N 21 SAWCUT,REMOVE AND REPLACE EXISTING PAVEMENT 86180 SF rn 22 c m 23 MODIFYB CONNECT EXISTING DRAINAGE STRUCTURES 1 LS E 24 25 0 26 a 27 E 28 29 30 31 p 32 a 33 s E 0 U N U L X w 0 E s 0 m Exhibit C-2—Page 1 Q V237.014--9936821 Packet Pg. 222 c O IT U 2 O w T C 14 Q E O U A E A U L M d E N N CD L Q C d E d N 7 4 E w C 0 E O N z G _ 00 0 z C-4. � N ~ C E E N Z p O c a E O z � a 0 0 O a N o Z U O N N a r X w c m E L V A Exhibit C-2-Page 2 Q V237-014--9936821 Packet Pg.223 � 7.J.h } Y d d L) EXHIBITS D-1,D-2 AND D-3 c c 0 Benefitted Properties U 0 w T C SCALE: '' ° e°° EXHIBIT •v-r' E E U E U E `�39 E Q!r � Q 0 STORM DRAIN N BENEFIT EXHIBIT ® \ \\ z ®mlenes Engineer N \ o J9 F d BO(/[fu1R0 `\ D ()JHIfJP )J SIC EXHIBIT D-2� \\®` `O` \� t x w c 0 E r U R .r Exhibits D-1,D-2 and D-3 Q V237-014- 9936821 Fkket Pg,224 7JFi=' x d d L U C SCALE.- '' - °°°' EXHIBIT 'D-2' SEE EXHIBR D-2' >, \ C E �® o o / E Im \\ / \ \ E T a) \\\ a / " E y o CL ® 4 m STORM DRAIN ®\ \ © \ o BENEFIT EXHIBIT N , •ThienesEngin c. \ \ ® cnn eHCrNCnc n� ® /us9 f7Rts °ouLEWVtp ® \ \ 1�,�''� O LA A#MtK C&FORA94 90M a r X w a C d E r v m Exhibits D-1,D-2 and D-3 Q vz37414.-993ee2 i Packet Pg.225. 7.J.h Y 0) O) U c 0 U 0 0 w c m EXHIBIT 'D-3' E 0 01. 0262-021-01, 034 WU 61. 0266-01x48, 1.00 ACA U 02. 0262-M-00. 2A0 AC.! 62. 0288-021-46, 149 AC. 03. 0286-021-24. 4.30 AC.! 63. 0266-021-30, LOD AC. t0 04. 0188-021-44, LOO ACA 64. 0268-021-73, 218 AC. E 05. 0262-072-13, &0 ACA 65. 0286-02x38, 0.30 ACA A 06, 0282-072-09. 4.00 ACS 66. 0268-021-41, 0.65 ACA U 07. 0262-041-01, 3.72 ACA 07. 0266-011-27, 1.00 ACS 0& 0202-041-12, 4.53 ACS 6& 0268-021-03, 3.42 K. Y 09. 0202--041-13. &10 1CS 69. 0265-Ml-A OA3 ACS 10, 0282-041-0M, 3.59 ACS 70. 0288-021-39, 0.50 ACS 3 11. 0282-041-15. 0.73 A0.} 71. 0260-021-17, OW ACS 12, 0262-041-14. 3.75 ACS 72. 0266-001-18, 0A0 ACA C 13 0252-041-10. UM Cl 73. 0268-021-19, 0,60 ACS N 14. 0262-941-17, OM Cl 74. 0268-011-32, 0.50 ACS E 15. 0262-041-04, 327 ACS 75. 0349-182-05, 0.22 ACS 0 10, 0266-011-16, 2.01 Ck X 030-182-01, 005 ACS 01 17. 0258-011-17, 629 ACA 77. 030-182-07, 0.65 ICS 18. 0282-042-23, 097 ACS 7& 0340-182-10, 3.08 ICS c 19. 0282-042-20. 0.96 ACS 79, 030-182-00, 1-4 AC.i 20, 0262-042-27, 1.00 ACS 80. 0349-182-07, 1.66 ICS C 21, 0262-041-20, 1A9 ACS 81. D349-182-09, 0.23 ACS 07 22. 0266-011-13, WO ACS 82 0262-051-5D, 1&41 AC.t E 21 0708-012-K 377 Xi 83. 0252-041-19, 15.20 ACA N 24. 0268412-13, 342 ACA 84. 0262-041-05, 5.45 ACS O) 25. 0262-942-22. 17.24 ACS 85. 0292-04x11, 1.27 ACS 26. 0262-042-20. 53.95 ACS 21. 0202-051-29. 1833 ACS Q 2& 0266-021- 7p1N,AIffA 538. 29, 7.51 ACS 64 NL2 E 29, 0256-021-10. 194 ACA 'y 301 0266-011-43, 0.00 ACS 8& WON BLVD., 21.27 ACS 31. 0282-042-Oq 4.03 ACS 87. BASE, 9.30 ACA 32. 0201-042-31. 77.17 ICS 6& UAAA., 27.69 ACS E 33. 0262-042-32, 7.42 AC.+ 34. 0262-042-4 4.15/C.! RMAIf OF WAY A%A 84.x6 ACA 9. 0262-021-12, 2.27 AC.! �& 9. 0162-021-I1, 7A6 AC! E 37. 0262-011-00. 1.15 AC.! 9. 0262-011-04, 0.40 ACS .0., 39. 0262-011-A IM ACA 10TAL 8688771 A%k 82290 40. 0262-011-51, 9.14 ACS 41. 0262-011-0. 9.34 ACS 42. 0261-011-40, 21.34 ACS MT&08AWX A97k 622.90 IG co 43. 0348-151-29, 60.64 ACA N. 0282-011-37, 7.99 ACA 45, 0162-011-05. 206 ACS 40. 0262-011-41. 2A5 ACA 47. 0162-011-40. 212 AC.1 V7 48, 0202-011-3& 1.12 ACS 49. 0268-011-16 0.62 ACS r 50. 016&-011-20, 110 ACS N 51, 0266-011-19. 1.99 ICS CL 52. 0786-011-21, &07 AC.! O` 53. 0266-011-12, &7B ACS d 54. 0166-012-10, 225 ACS .o 55. 0255-012-11, 1.05 ICS y 58. 0255-012-9a 1.00 ACA 57. 0 STORM DRAIN 206-012-07, 200 S AC N 50: 02M-012-%W i:W AAri BENEFIT EXHIBIT 0 50. 0716-012-08. 1.05 ACS d Thien © e sEngine Ul" m 1111, O r D N a Exhibit D L X LLI (� 0 E L U N Exhibits D-1, D-2 and D-3 V237AI4-993683.1 Q Packet Pg. 226