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11- Development Services
ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution authorizing the execution of a Real Property Exchange Agreement with the San Dept: Development Services Bernardino County Flood Control District and the execution of a Grant Deed relative to the exchange of Date: May 6, 2010 real property between the San Bernardino County Flood Control District and City of San Bernardino for File: 15.02-1540 portions of Campus Parkway &Northpark Boulevard. MCC Date: June 7, 2010 Synopsis of Previous Council Action: None. Recommended Motion: Adopt Resolution. Valerie C. Ross Contact Person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report, Maps& Reso Ward(s): 5 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.)N/A Acct. Description: N/A Finance: Council Notes: 65d 41'0/0 — /�Z'9 Agenda Item No. ' (nom-1- 2110 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Resolution authorizing the execution of a Real Property Exchange Agreement with the San Bernardino County Flood Control District and the execution of a Grant Deed relative to the exchange of real property between the San Bernardino County Flood Control District and City of San Bernardino for portions of Campus Parkway&Northpark Boulevard. BACKGROUND: With the development of the University Park, LLC property (Tract Map No. 16509-1 thru 7),the major portion of Campus Parkway between Kendall Drive and Northpark Boulevard was dedicated to the City for right of way purposes. Portions of the current right of way improvements encroach onto San Bernardino County Flood Control District (County) property on the northerly side of Campus Parkway. The City has been in contact with the County in regards to the City's need of acquiring the right of way easements over those portions of County property, and also along the northerly terminus of Northpark Boulevard. The County would like to acquire portions of City property adjacent to Campus Parkway in fee for flood control operations in return for the easements the City would acquire from the County. Although the City normally acquires right of way as easements rather than in fee, portions had previously been acquired in fee in excess of what is needed for right of way purposes. Based on numerous conversations between the parties, both agree that the properties being exchanged are equal in value. There are a total of three (3) excess parcels that are proposed to be deeded to the County in exchange for five (5) parcels that will be granted by easement to the City for right of way purposes, as shown on the attached plats. Attached is a Real Property Exchange Agreement that will need to be approved by the Mayor and Common Council, and the San Bernardino County Board of Supervisors. The attached resolution authorizes and directs the execution of a Real Property Exchange Agreement with the San Bernardino County Flood Control District, and the execution of a Grant Deed. FINANCIAL IMPACT: None. RECOMMENDATION: Adopt Resolution. ATTACHMENTS: - Vicinity Map - Plat Maps - Resolution 2 Proposed Area of Property Exchange ma m w � Q � i is ka c na 40th St 330 s �gq5 Marshall Blvd y ' — 10 Highland Ave. xm � � E u `m Base Line SL in a 9th S i 5th St a 0 Rialto Ave. ° 5% u Mill SL e o U V tQ 0 n Orange how Rd. r 0 VICINITY MAP W NTS aJ p CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT GENERAL LOCATION OF PROPOSED PROPERTY Yrrllma iu REAL PROPERTY SECTION EXCHANGE WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT ® Indicates un-incorporated areas within City's Sphere of Influence Created by: Ryan Sandoval Date: 05/05/10 PLAT MAPS PROPOSED AREAS TO CITY OF SAN BERNARDINO l i N 64° 56 l � I Right of Way sc"a Parcel One: 1,306 sq.ft.t Cho i �N b N57°49WW 5� 75.23' N�S a i o n L z S 57°49'38'E POB I Detail "A" o^, (N.T.S.) rnlM �i pl @ DEDICATED TO THE CITY OF SAN BERNARDINO 50' i 50' c PER DOC. NO. 2005-0404290 O >- B DEDICATED TO THE CITY OF SAN BERNARDINO ./ ./ >- ./ PER DOC. NO. 2005-0498616 -7 / / 6 3:14 / 4 © DEDICATED TO THE CITY OF SAN BERNARDINO PER DOC. NO. 2005-0502874 Q 0 w �O QROFESSlO�� 04 w m 0) o.CE- 7 0 A Q 0 Ui U N N * Exp. 03- 1.2011 Mi See CN11. Da ail A" Z A B �Tgrf OF CAUFO�a\P i °� ° I Poe 1010_23' to CA DEERFIELD STREET_ 0 —N 57' 49 36' i KENDALL DRIVE 39 EXHIBIT "B" E D.P. 2.300/35 Proposed Right of Way — Portion of Campus CITY OF SAN BERNARDINO Parkway, Northerly of Kendall Drive PUBLIC WORKS/ENGINEERING (APN 261-231-04) REAL PROPERTY SECTION L C BEARING DELTA RADIUS LENGTH SHEET I OF 3 Ll N 6303'25' E 133.42 L2 N 32'09'36" E - 61.10 0 N 645558" W - 59.75 04 L4 N 645558" W - 54.61 L5 N 64'5558" W - 25.16 L6 S 5879'02" E - 1.34 L7 N 32'08'53" E - 8.28 sy L8 N 6303725" E - 158.77 L9 N 53'4836" E - 123.67 / too G� w� L10 N 32'09'36" E - 308.96 / Q Cl A=015658" 1850.00 62.94 SOS �C1 GS Gay��� �q6 C2 A--01'56'58" 1905.00 64.82 Q�SQL 4Qg 1� 10 C3 d=00'15'11" 1900.00 8.39 49) C4 A 09 03'28" 1850.00 1 292.46 E G.E. SHERER COR, NO. 5 4 PER C.S. 1780 / pA a A �'D 3 H ss• u� �� 18 �, \ �PAARRCE A' ss Q06 AMY PARCEL D, / / !J .``C3� RKW OF WAY 8 8F 10 l (� A PARCEL MOR O A "A D OEZAAL A, 'S`Sa`y, (N.T.S.) G.E. SHERER COR, NO. 4 PER C.S.1780 TRACT 2404 M.B. 34152-53 Ra PADACEL� A' I �F�o�\ / / �apROFESSb�! Oi / � 5� N CE-27 Ofi EXHIBIT "B1" F `' '°'O ��� �� D.P. 2.300/36 / o�� CNk TRACT 10647 �� q�QFCnl M.B. 159139-40 SCALE: 1"=200' n V) EXHIBIT "B2" ci ya D.P. 2.300/37 2m 0 a Z \ -------- — ------ g ———————————————i 41 X129' U ` 1 N o 'N171518'W (R) \ \ E r _ o cat + E � + O �\ Cm 'Nj6'OS c� W 0_ � O h j a aQ WP.,a M rn O b 4] M \0 C1�g•1 9V `r o viii o M C; N CO Co C9 N to 00 N rn \ry aQ el �l ,6 N ti u� a o °0 ,, 0 o 0ui 00 \+s p O l l l O o 0 6 1 N�bbS o o U M N = O J a a 0 0 ° ry ' I _ OMNN N � '} O v1�4 � o � oo 300 U 75 0 tvo\tea �� c� cNi cMi of Oj c ry Q r1r vo. N 00 + O Y O^ 9� + b N n s U \ N o w 0. W F � 3 I� !' ' �.�OS cc��1l �yd �N Irc � \ C o � � d � Lou N Sao �m �A\ C-5 �1��3adC13 � v h "? 10 to 00 "E O S09'32'53 w N n N N ' �^ C1 °n J Z 206 4g I ° az N2\4513 W 11 II 01 I °p Q a S�6 L2 v v I- 3 W 3 W 3 •a oY� co Lo "o Nw00 9 NOLL03S � v .r sr F 6 C6 `°5� �^ v °w L NOLL03S Z W m z n cn z W N w = W U co / -1 -1 J J J U • r ! r� '�• r Q4i O W �3 /\•45� NOO'27'54"W N N 65.74 z /' \ 24.25' 39.61' 53.66' �h / CN CN \ lu \N N O On Y O. \ O to ta\ l I � 3p0 0 \ $ a �ys N c 1 EXHIBIT "153" D.P. 2.300/40 i PLAT MAPS PROPOSED AREAS TO SAN BERNARDINO COUNTY FLOOD CONTROL SHEET 1 OF 2 /P •C T.P.OR PARCEL 'B' / P RCEL PARCEL B' 409 S.F. / a PARCEL 'A' 2,356 SF 44 D \ �0 / PARCEL A / a PARCEL .A \�h ry�/ F� ACT 2404 B. 34152-0 / o ppOFESS/0yg7 / Ile'lCE 27 �EXXPP..,03-31-2011 ,T1T CN�� o� SCALE: 1"=100' B OF CAIN /r� 0 4lo L C BEARING EL TA RADIUS LENGTH Lt N 32.09'29" E - 299.12 EXHIBIT "B1" L2 N 575031" W - 23.69 D.P. 2.300/41 L3 N 32'09'2.9" E - 169.27 1 L4 N 6455'58" W - 40.12 L5 S 645558" E - 25.19 TRACT 10647 C1 A=0903'28" 1900.00 300.37 ��/� C2 A--0572'37" 1905.00 178.78 M.B. 159/39-40 0����/��� L C BEARINGIDELTA RADIUS LENGTH SHEET 2 OF 2 L1 S 63103'25" W - 158.77 EXHIBIT "B2" L2 N 32'09'36" E - 47.55 D.P. 2.300/42 L3 N 64'5558" W - 59.75 L4 N 645558" W - 54.61 Cl 4-0156'57" 1850.00 62.94 C2 4=01'56'58" 1900.00 64.64 mss•/ p4 L5 S 645558" E - 40.12 L6 N 645558" W - 100.73 S' C3 d=04'08'38" 1905.00 137.78 sue• � p� 061 4'4 4 Acy�oo 0 COR.SNO.R R ^ 5 PARCEL 'C' / ��� PER C.S. 1780 RIGHT OF WAY Q 2,395 S.F. so 5�9 TP.oa 55348'36"W ro. ARCEL , TRACT 16509-7 M.B. 331183-92 N6ASSS8" ( �� SEE MAL 'A' h' 1 s�, � pROFESSIO� W.GR l EL CE-2 06 �b ;( /`�.y>• •� Exp. 03-31.2011 SCALE: 1--200- I 00 �2 NsgSS sT CNIL IEOFC 6 / / 7go7 2�B'LS S8ly g I AI TRACT 2404 M.B. 34152-53 G.E. SHERER CDR. NO. 4 PER C.S.1780 1 \�NCS-��SO� POC 4RCEL71: / POB FOR CAMPUS PARKWAY / lr9-1. / / / PER DOC. NO. 2005-0970212 F O ��Aah o rPoa 6 PARCEL. 'C' so. o y & `a`P��yi• TRACT 10647 M.B. 159139-40 '�� DETAIL ,A/ o :F NTS / 1 RESOLUTION NO. COPY 2 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND 3 AUTHORIZING THE EXECUTION OF A REAL PROPERTY EXCHANGE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL 4 DISTRICT AND THE EXECUTION OF A GRANT DEED FOR THE EXCHANGE OF 5 CITY OWNED PARCELS OF REAL PROPERTY GENERALLY LOCATED NORTHERLY OF CAMPUS PARKWAY, BETWEEN KENDALL DRIVE AND 6 NORTHPARK BOULEVARD IN THE CITY OF SAN BERNARDINO. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 8 OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. That the City Manager of the City of San Bernardino is hereby directed and 10 authorized to execute on behalf of the City, a Real Property Exchange Agreement with the San 11 Bernardino County Flood Control District, a copy of which is attached hereto as Exhibit "A-1", 12 for the exchange of certain City owned parcels of land generally located northerly of Campus 13 14 Parkway, between Kendall Drive and Northpark Boulevard, in the City of San Bernardino, State 15 of California; and 16 SECTION 2. That the Mayor of the City of San Bernardino is hereby directed and 17 uthorized to execute on behalf of the City, a Grant Deed, a copy of which is attached hereto as 18 Exhibit "I" of said Exhibit "A-1", for said certain City owned parcels of land, and more fully 19 described in Exhibit"A" of said Grant Deed, attached hereto and made a part hereof; 20 21 SECTION 3. Said Agreement shall be null and void if either party fails to 22 xecute the Agreement within ninety (90) days of the date of adoption of this Resolution. 23 24 25 26 ® 27 28 )5117/?()10 1 1 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE EXECUTION OF A REAL PROPERTY EXCHANGE AGREEMENT WITH THE SAN BERNARDINO 2 COUNTY FLOOD CONTROL DISTRICT AND THE EXECUTION OF A GRANT DEED FOR THE EXCHANGE OF CITY OWNED PARCELS OF REAL PROPERTY GENERALLY LOCATED 3 NORTHERLY OF CAMPUS PARKWAY, BETWEEN KENDALL DRIVE AND NORTHPARK BOULEVARD IN THE CITY OF SAN BERNARDINO. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof 6 7 held on the day of 20 , by the following vote, to 8 wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 DESJARDINS 12 BRINKER 13 14 DERRY 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 20 City Clerk 21 The foregoing resolution is hereby approved this day of 20 22 23 24 PATRICK J. MORRIS, Mayor City of San Bernardino 25 pproved as to Form: 26 27 ES F. PENMAN, City Attorney 28 511 7/1A REAL PROPERTY EXCHANGE AGREEMENT THIS REAL PROPERTY EXCHANGE AGREEMENT (this "Agreement") is entered into as of , 2010 (the "Agreement Date"), by and between CITY OF SAN BERNARDINO, a municipal corporation and charter city ("Seller") and the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic ("Buyer"). The Seller and the Buyer are sometimes referred to herein individually as a "Party" and collectively as the "Parties." The Parties hereto have entered into this Agreement with reference to the following Recitals: RECITALS A. Seller is the owner of that certain real property located in the City of San Bernardino, County of San Bernardino, State of California, and more particularly described on the Grant Deed a copy of which is attached hereto as Exhibit "1" (collectively, the "City Property") B. Buyer is the owner of that certain real property located in the City of San Bernardino, County of San Bernardino, State of California, and more particularly described on the Easement Documents for PARCEL 39, a copy of which is attached as Exhibit "2", and the Easement Document for PARCEL 40-43 a copy of which is attached hereto as Exhibit "3" (the "District Property"). C. Subject to the terms and conditions hereof, (i) Seller desires to transfer in fee the City Property to Buyer and Buyer desires to accept the same; and (ii)Buyer desires to grant easements over, under and across the District Property to Seller and Seller desires to accept the same. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants and obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE I PROPERTY EXCHANGE 1.1 Exchan¢e. (a) Subject to all of the terms and conditions hereof(including, without limitation,the concurrent grant described in subsection(h) of this Section 1.1), upon the Closing, Seller agrees to convey, transfer and assign to Buyer, and Buyer agrees to accept from Seller, all of Seller's right, title and interest in and to the City Property, subject only to the Permitted Encumbrances ® applicable to the City Property. EXHIBIT "A-1" t i Ii (b) Subject to all of the terms and conditions hereof(including, without limitation, the concurrent conveyance described in subsection u of this Section 1.1), upon the Closing, Buyer agrees to grant to Seller, and Seller agrees to accept from Buyer, two grant of easements (the "Easements") over, under, and across the District Property, as more particularly described in Exhibits "2 & 3", attached hereto, for the purposes described therein, subject to all matters and encumbrances of record affecting the District Property, on the terms and conditions set forth in this Agreement. (c) The Parties acknowledge that no purchase price shall be due from any Party in connection with the exchange contemplated herein. The Parties acknowledge further that the fair market value of each of the City Property and the Easements is Five Hundred Dollars ($500.00). 1.2 AS-IS Transfer/Grant. (a) Transfer of City Proyerty. Buyer and Seller acknowledge and agree that the City Property is being accepted in an "AS IS" condition and "WITH ALL FAULTS" as of the date of this Agreement and the date of Closing. Except as expressly set forth in this Agreement, no representations or warranties have been made or are made and no responsibility has been or is assumed by Seller or by any officer, person, firm, agent or representative acting or purporting to act on behalf of Seller as to the condition or repair of the City Property or the value, expense of operation, or income potential thereof, or as to any other fact or condition which has or might affect the City Property or the condition, repair, value, expense of operation or income potential of the City Property or any portion thereof. Buyer and Seller further acknowledge and agree that they have relied solely upon their own investigations of the City Property and their own review of such information and documentation as they have deemed appropriate and are satisfied with the opportunity afforded for investigation. Buyer and Seller are not relying upon any statement or representation by Seller or by any officer, person, firm, agent or representative acting or purporting to act on behalf of Seller unless such statement or representation is specifically embodied in this Agreement or the Exhibits attached hereto. Except as expressly set forth herein, Seller makes no representations or warranties as to whether the City Property contains any toxic or hazardous substances, including, without limitation, asbestos, oil, petroleum or petroleum derived substances; any flammable substances or explosives; any radioactive materials; pesticides; substances defined as "hazardous substances," "hazardous materials," or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.,the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., and those substances defined as "hazardous waste" in Section 25117 of the California Health & Safety Code, as "infectious waste" in Section 25117.5 of the California Health & Safety Code, or as a "hazardous substance" in Section 25316 of the California Health & Safety Code, and in the regulations adopted and publications promulgated pursuant to said laws, or in any similar state or local laws, ordinances, rules or regulations ("Hazardous Materials") or pertaining to the extent, location or nature of the same. Further, to the extent that Seller has provided to Buyer any Seller information from any inspection, engineering or environmental reports concerning any Hazardous Materials, Seller makes no representations or warranties with respect to the accuracy, completeness, methodology of preparation or otherwise concerning the contents of such reports. Buyer and Seller acknowledge that Seller has requested Buyer to inspect fully the City Property and investigate all matters relevant thereto and to rely solely upon 2 �. the results of Buyer's own inspections or other information obtained or otherwise available to Buyer, rather than any information that may have been provided by Seller to Buyer. The terms and provisions of this Section 1.2(a) shall survive Closing hereunder. (b) Grant of Easement Over District Property. Seller acknowledges and agrees that the two grants of easements contemplated herein this Agreement is being granted over, under, and across the District Property in an "AS IS" condition and "WITH ALL FAULTS as of the date of this Agreement and the date of Closing. Except as expressly set forth in this Agreement, no representations or warranties have been made or are made and no responsibility has been or is assumed by Buyer or by any officer, person, firm, agent or representative acting or purporting to act on behalf of Buyer as to the condition or repair of the District Property or the value, expense of operation, or income potential thereof, or as to any other fact or condition which has or might affect the District Property or the condition, repair, value, expense of operation or income potential of the District Property or any portion thereof. Seller further acknowledges and agrees that it has relied solely upon its own investigations of the District Property and its own review of such information and documentation as it has deemed appropriate and is satisfied with the opportunity afforded for investigation. Seller is not relying upon any statement or representation by Buyer or by any officer, person, firm, agent or representative acting or purporting to act on behalf of Buyer unless such statement or representation is specifically embodied in this Agreement or the Exhibits attached hereto. Except as expressly set forth herein, Buyer makes no representations or warranties as to whether the District Property contains any Hazardous Materials or pertaining to the extent, location or nature of the same. Further, to the extent that Buyer has provided to Seller information from any inspection, engineering or environmental reports concerning any Hazardous Materials, Buyer makes no representations or warranties with respect to the accuracy, completeness, methodology of preparation or otherwise concerning the contents of such reports. Seller acknowledges that Buyer has requested Seller to inspect fully the District Property and investigate all matters relevant thereto and to rely solely upon the results of Seller's own inspections or other information obtained or otherwise available to Seller, rather than any information that may have been provided by Buyer to Seller. The terms and provisions of this Section 1.2(b) shall survive Closing hereunder. ARTICLE 2 CLOSING 2.1 Closin¢. The transfer of the City Property and the grant of easement over the District Property contemplated herein shall close (the "Closing") at the offices of the County of San Bernardino Real Estate Services Department on a date designated in writing by the parties (the "Closing Date") which is not more than ten(10) days after the satisfaction or waiver of all of the conditions precedent to closing contained in Article 5 below, or at such other time, date and place as the parties shall mutually agree in writing; provided however, that in no event shall the Closing occur later than sixty (60) days after the last day of the Title Review Period (the "Outside Date"). At the Closing, (a) Seller shall deliver possession of the City Property to Buyer, and(b) Buyer shall deliver possession of the District Property to Seller. 3 ARTICLE 3 ACTIONS PENDING CLOSING 3.1 Access. From and after the Agreement Date through the Closing, Buyer and Seller, and their respective employees, consultants, contractors and subcontractors (the "Buyer Parties" and the "Seller Parties," respectfully) shall have the right to enter the City Property and the District Property for the purposes of conducting such investigations, inspections and tests of the City Property and the District Property as Buyer or Seller deem necessary or desirable. Buyer and Seller (each, an "Indemnifying Party") shall indemnify and hold harmless each of the other Parties from and against any and all loss, expense, claim, damage and injury to person or property to the extent caused by the negligent acts of the Indemnifying Party, its employees, consultants, contractors and subcontractors on the applicable property in connection with such entry as contemplated herein; provided, however, the Indemnifying Party shall not be responsible or liable for any act or omission of the other Parties or such other Parties' agents, representatives, employees, contractors, subcontractors or consultants or for any adverse condition or defect on or affecting the property not caused by the Indemnifying Party, its employees, consultants, contractors or subcontractors, but discovered or impacted during such inspections. The foregoing indemnity shall survive the Closing or the earlier termination of this Agreement. 3.2 Title Review. a O (a) Each Party is responsible for reviewing the condition of title to the applicable property. ARTICLE 4 REPRESENTATIONS AND WARRANTIES 4.1 Representations and Warranties of District. Seller acknowledges and understands that the grant contemplated herein is made without any representations or warranties by Buyer, except as follows: (a)Buyer represents and warrants that Buyer is not a "foreign person" within the meaning of Section 1445(f)(3) of the Internal Revenue Code of 1986, as amended (the "Code"); (b) Buyer is the sole owner in fee simple of the District Property and has the right, capacity, power and authority to enter into and carry out the terms of this Agreement, as further provided in Section 9.1 below; (c) to the best of Buyer's knowledge, there are no pending or threatened lawsuits, condemnation proceedings, eminent domain proceedings or similar actions or proceedings affecting the District Property or any portion thereof,nor does Buyer know of any basis therefore; and (d) except as set forth in the applicable PTR, Buyer has not made any commitment or representation to any government authority, or any adjoining or surrounding property owner, which would in any way be binding on Seller or would interfere, disturb, interrupt or impede with Seller's ability to use the easement for its intended purposes in any way, and will not make any such commitment or representation which would affect the District Property or any portion thereof prior to the Closing, without Seller's prior written consent. This warranty shall not survive the Closing hereunder. 4.2 Representations and Warranties of Seller. Buyer and Seller acknowledge and understand that the transfer contemplated herein is made without any representations or 4 warranties by Seller, except as follows: (a) Seller represents and warrants that Seller is not a "foreign person" within the meaning of Section 1445(f)(3) of the Code; (b) Seller is the sole owner in fee simple of the City Property and has the right, capacity, power and authority to enter into and carry out the terms of this Agreement, as further provided in Section 9.1 below; (c) to the best of Seller's knowledge, there are no pending or threatened lawsuits, condemnation proceedings, eminent domain proceedings or similar actions or proceedings affecting the City Property or any portion thereof, nor does Seller know of any basis therefore; and (d) except as set forth in the applicable PTR, Seller has not made any commitment or representation to any government authority, or any adjoining or surrounding property owner, which would in any way be binding on Buyer or would interfere with Buyer's ability to operate and maintain the City Property in any way, and will not make any such commitment or representation which would affect the City Property or any portion thereof prior to the Closing, without Buyer's prior written consent. This warranty shall not survive the Closing hereunder. ARTICLE 5 CONDITIONS PRECEDENT 5.1 Conditions Precedent to Seller's Obligation to Close. The following shall be conditions precedent to Seller's obligation to consummate the transactions contemplated herein, which may be waived in whole or in part by Seller prior to the Closing Date: (a) Buyer's performance of all of the obligations required to be performed by Buyer under this Agreement, including, without limitation, delivery of all documents and other items required to be delivered by Buyer pursuant to Section 6.2 hereof. (b) Approval or deemed approval by Seller as the Reviewing Party of title to easements in the District Property, as provided in Section 3.2(a) above. (c) All representations and warranties made by Buyer to Seller in this Agreement shall be true and correct as of the date such representations and warranties are made. 5.2 Conditions Precedent to District's Obligation to Close. The following shall be conditions precedent to Buyer's obligation to consummate the transactions contemplated herein, which may be waived in whole or in part by Buyer prior to the Closing Date; (a) Action by the San Bernardino County Board of Supervisors, as the legislative body of the San Bernardino County Flood Control District, declaring the Easement no longer necessary for flood control purposes, which action shall be obtained on or before the Outside Date. (b) Approval or deemed approval by Buyer as the Reviewing Party of title-to the City Property, as provided in Section 3.2(a)above. (c) Seller's performance of all of the obligations required to be performed by Seller under this Agreement including, without limitation, delivery of all documents and other items required to be delivered by Seller pursuant to Section 6.1 below. 5 (d) All representations and warranties made by Seller to Buyer in this Agreement shall be true and correct as of the Closing. ARTICLE 6 CLOSING DOCUMENTS 6.1 Seller's Closing Documents. Not less than one (1) business day prior to the Closing, Seller shall deliver to the Buyer the following: (a) Grant Deed executed by Seller, in recordable form, conveying the City Property to Buyer (the "Grant Deed"), free and clear of all claims, liens and encumbrances except the applicable Permitted Encumbrances. Such Grant Deed shall be in the form of Exhibit"1" attached hereto. (b) A Certificate of Acceptance executed by Seller, in recordable form, is part of the Easements, attached hereto. (c) One (1) original of an affidavit in the form of Exhibit "4" certifying that the Seller is not a "foreign person" within the meaning of Section 1445(f)(3) of the Code. (if applicable) (d) An executed California Form 593-C (if applicable). (e) Any other documents, instruments or agreements called for hereunder which have not previously been delivered. 6.2 Buyer's Closing Documents. Not less than one (1) business day prior to the Closing, Buyer shall prepare and have available at its offices, the following: (a) Two (2) easements executed by Buyer, in recordable form, granting an easement over the District Property to Seller (the "Grant of Easement") free and clear of all claims, liens and encumbrances except the Permitted Encumbrances. Two Easements shall be in the form of Exhibit "2", and Exhibit"3" attached hereto. (b) A Certificate of Acceptance executed by Buyer, in recordable form, is part of the Grant Deed, attached hereto. (c) One (1) original of an affidavit in the form of Exhibit "4" certifying that the District is not a "foreign person" within the meaning of Section 1445(f)(3) of the Code (if applicable). (d) An executed California Form 593-C (if applicable). (e) Any other documents, instruments or agreements called for hereunder which have not previously been delivered. 6 ARTICLE 7 CLOSING ACTIONS, COSTS AND PRORATIONS 7.1 Disbursements and Other Actions by Parties. At the Closing, Buyer shall promptly undertake all of the following actions: (a) Cause the Grant Deed together with the Buyer's Certificate of Acceptance and the two Grant of Easements together with the Seller's Certificates of Acceptance to be recorded in the Official Records of the County of San Bernardino and obtain conformed copies thereof for distribution to Seller and Buyer. (b) Cause Title Company to issue the Buyer's Title Policy to Buyer. (c) Retain for Buyer one (1) set of originals of the documents delivered to Buyer by Seller pursuant to Sections 6.1(d) and (e) above, and deliver to Seller (i) one (1) set of originals of the documents delivered by Buyer to the Closing pursuant to Sections 6.2(,d)and (e) above. 7.2 Closing Costs. As provided in Section 3.3 above, Buyer shall pay the premium for its own Title Policy. No documentary transfer tax is payable upon recordation of the Grant Deed to the Buyer and the Grant of Easements to the City, because the transferees are public agencies. All other costs and fees of this transaction shall be shared equally by the Parties. (� ARTICLE 8 �✓ DEFAULT In the event that the Closing does not occur in a timely manner prior to the Outside Date due to the default of a Party hereunder(the "Defaulting Party"), the other Party(the "Non-Defaulting Party")may pursue only one of the following remedies: (a) terminate this Agreement, in which case the Non-Defaulting Party shall have no further obligations hereunder except the Surviving Obligations; or (b) compel the Defaulting Party's performance of its obligations hereunder through an action for specific performance; provided, however,that the Non-Defaulting Party shall not bring any action for, and hereby waive any right to, actual damages, lost profits, consequential or punitive damages, notwithstanding whether the Defaulting Party was informed of the possibility of such damages or was negligent. ARTICLE 9 MISCELLANEOUS 9.1 Authority. Each individual and entity executing this Agreement hereby represents and warrants that he or it has the capacity set forth on the signature pages hereof with full power and authority to bind the Party on whose behalf he or it is executing this Agreement to the terms hereof. 7 I 9.2 Entire Aereemenh No Waiver. This Agreement is the entire Agreement between the Parties hereto with respect to the subject matter hereof and supersedes all prior agreements between the Parties with respect to the matters contained in this Agreement. Any waiver, modification or consent with respect to any provision of this Agreement shall be set forth in writing and duly executed by the Party to be bound thereby. No waiver by any Party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. 9.3 Notices. Any communication, notice or demand of any kind whatsoever which either Party may be required or may desire to give to or serve upon the other shall be in writing and delivered by personal service (by hand delivery or professional messenger service), by Federal Express or other courier service guaranteeing overnight delivery, charges prepaid, or by registered or certified mail, postage prepaid,return receipt requested, addressed as follows: If to Buyer: The San Bernardino County Flood Control District 825 E. Third Street, Room 101 San Bernardino, CA 92415-0835 Attention: Flood Control Engineer Telephone: (909) 387-7906 With a copy San Bernardino County Real Estate Services to: 825 East Third Street San Bernardino, CA 92415-0832 Attention: Tom Dustin Telephone: (909) 387-7817 If to Seller: City of San Bernardino 300 North"D" Street, 3`d Floor San Bernardino, CA 92418 Attention: Real Property Telephone: (909) 384-5226 Any Party may change its address for notice by written notice given to the other Parties in the manner provided in this Section. Any such communication,notice or demand shall be deemed to have been duly given or served (i) on the date personally served, if by personal service, (ii) one (1) day after the date of confirmed dispatch, if by telecopier, or (iii) on the date shown on the return receipt or other evidence of delivery, if mailed. 9.4 Further Assurances. The Parties agree to execute and acknowledge such instruments and agreements and to do such other acts as may be necessary or appropriate to effectuate the purposes of this Agreement. 9.5 Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law, but, if any provision of this Agreement shall be invalid or prohibited thereunder, such invalidity or prohibition shall be construed as if such invalid or prohibited provision had not been inserted herein and shall not affect the remainder of such provision or the remaining provisions of this Agreement. 8 9.6 Construction; Headings. The language in all parts of this Agreement shall be in all cases construed simply according to its fair meaning and not strictly for or against any of the parties hereto. Section and Article headings of this Agreement are solely for convenience of reference and shall not govern the interpretation of any of the provisions of this Agreement. 9.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 9.8 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of each of the Parties hereto and to their respective transferees, successors, and permitted assigns. Notwithstanding the foregoing, this Agreement is solely for the benefit of the Parties hereto and shall not be deemed or construed as imparting, or intending to impart, any benefits, privileges, or rights under this Agreement upon any other Party. This Agreement is not assignable without the prior written consent of the other Parties, which may be withheld in such Parties' sole and absolute discretion. 9.9 Exhibits. All Exhibits attached hereto are incorporated by reference. 9.10 No Partnership. Notwithstanding anything to the contrary contained herein, this Agreement shall not be deemed or construed to make the Parties hereto partners or joint venturers, or to render either party liable for any of the debts or obligations of the other, and, except to the extent expressly set forth herein, nothing in this Agreement shall be construed as creating any other kind of legal relationship in which one party is entitled or required to act for or on behalf of the other, including, without limitation, that of partner,joint venturer, fiduciary, and beneficiary. 9.11 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute the same document. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY 9 i IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. SAN BERNARDINO COUNTY FLOOD CONTROL CITY OF SAN BERNARDINO DISTRICT - w or GARY C. OVITT, Chairman, Board of Supervisors CHARLES E. MCNEELY, City Manager Date: Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Attest: CHAIRMAN OF THE BOARD C LAURA H. WELCH, Clerk of the Board of Directors RACHEL CLARK, City Clerk Date: By: Deputy Date: Approved as to Legal Form: Approved as to Form: RUTH E. STRINGER, County Counsel San Bernardino County, California C it By. JAMES F. PENMAN, City Attorney Robert Messinger, Deputy City of San Bernardino Date: Date: 10 Recording Requested by: SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT '25 E. THIRD ST. SAN BERNARDINO, CA.. 92415-0835 Mail To: SAME AS ABOVE RECORDER: Record without fee subject to Govt Code 6103 Recordation required to complete chainof title. Project: Devil Creek Levee D.P.No.:2.300/41 &42 Parcel No:4446 GRANT DEED Doc.N: 2D090/07001 APN:Portions of Campus Parkway Dept. Code: 11600 &0261-231-25 EXHIBIT «155 Date: September 22,2009 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged City of San Bernardino, a Municipal Corporation (do)es hereby grant to the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT,a body corporate and politic,the following described real property in the County of San Bernardino, State of California: See EXHIBIT"A" for Legal Description and EXHIBIT"BI" & "B2" Plats City of San Bernardino Date: By: Name: Its: San Bernardino County Flood Control District Acceptance Certificate This is to certify that the interest in the real property conveyed by the within instrument to the San Bernardino County Flood Control District,a body corporate of the State of California, are hereby accepted by the undersigned officer on behalf of said District pursuant to authority conferred by Resolution#86-156,April 21, 1986 by its Board of Supervisors and the grantee consents to the recordation thereof by its duly authorized officer. DATED: BY: i EXHIBIT "A" DESCRIPTIONS CAMPUS PARKWAY- CITY TO COUNTY PARCELS Parcel "A" That portion of Lot 15 of Tract No. 2404 per plat thereof recorded in Book 34 of Maps, pages 52 and 53, Records of San Bernardino County, State of California, described as follows: Commencing at the most westerly comer of said Lot 15,thence North 32 009'29"East along the northwesterly line of said Lot 15, a distance of 185.00 feet to the True Point of Beginning;thence continuing along said northwesterly line of Lot 15,North 32°09'29" East, a distance of 299.12 feet;thence leaving said northwesterly line South 57°50'31" East, a distance of 23.69 feet to the beginning of a non-tangent curve, concave southeasterly,having a radius of 1900.00 feet,the radial point of which bears South 48 047103"East;thence southwesterly along said curve,through a central angle of 9 003'28", an are distance of 300.37 feet to the True Point of Beginning. Containing 2,356 square feet more or less. Parcel"B" That portion of Lot 15 of Tract No. 2404 per plat thereof recorded in Book 34 of Maps, pages 52 and 53, Records of San Bernardino County, State of California,described as follows: Commencing at the most northerly corner of said Lot 15,thence South 64055'58"East along the northeasterly line of said Lot 15,a distance of 25.19 feet to the True Point of Beginning;thence South 32°09'29 West and parallel to the northwesterly line of said Lot 15,a distance of 169.27 feet to the beginning of a non-tangent reverse curve, concave southeasterly,having a radius of 1905.00 feet,the radial point of which bears South 47°39'37"East;thence northeasterly along said curve,through a central angle of 5 022'37",a distance of 178.78 feet to said northeasterly line of Lot 15;thence North 64°55'58" West along said northeasterly line,a distance of 40.12 feet to the True Point of Beginning. Containing 3,119 square feet more or less. DEVIL CREEK LEVEE PARCELS 44-46 DOC#2DO90/07001 JULY 21,2009 EXHIBIT "A" CONT'D Parcel"C" A parcel of land lying within Section 7,(unsurveyed),Township 1 North, Range 4 West, San Bernardino Base and Meridian,lying within the Rancho Muscupiabe,per plat recorded in Book 7 of Maps, page 23,records of San Bernardino County, State of California,and lying within"Parcel One"as described in document to the City of San Bernardino recorded June 30, 1921 in Book 724 of Deeds, page 8,records of said County, and described as follows: Commencing at the centerline of Kendall Drive, distant thereon 1010.23 feet from its intersection with the centerline of Deerfield Street,as said street is delineated on the Map of Tract No. 10647,per map thereof recorded in Book 159 of Maps,pages 39 and 40, records of said County; Thence North 32°09'29"East, a distance of 225.00 feet to a tangent curve, concave southeasterly,having a radius of 1850.00 feet; thence northeasterly, along said curve, through a central angle of 19'42'10", a distance of 636.17 feet; thence North 38°08'22" West,a distance of 55.00 feet to the southeasterly line of that parcel of land conveyed to the San Bernardino County Flood Control District in deed recorded June 7, 1974 in Book 8447 of Official Records,page 1163,records of said County and the True Point of Beginning; thence along said southeasterly fine,South 63°03'25"West, a distance of 158.77 feet to the northeasterly line of Lot 15,Tract 2404,per map thereof recorded in Book 34 of Maps,page 52 and 53,records of said County; thence along said northeasterly line South 64'55158"East,a distance of 40.12 feet,to a point on a non- tangent curve,concave southeasterly,having a radius of 1905.00 feet,the radial point of which bears South 42°17'00"East; thence northeasterly along said curve,through a central angle of 4°08'38", a distance of 137.78 feet to the True Point of Beginning. Containing 2,395 square feet more or less. QpOFESS/0,y9� i Exp. 03-31-2011 CIVIL �r�TEOf CAl�O�'� DEVIL CREEK LEVEE PARCELS 4446 DOC#2DO90/070DI JULY 21,2009 I SHEET 1 OF 2 P. .0 TP.oa PARCEL 'B' /P RCEL 'B' cs PARCEL 7 am SF. ¢ ys /PARCEL 'A' Z356 SF. `9p. 00� 44 D 0 oer \ TP.O.B. / PARCEL 'A' y ARCEL A ,�y�ry�/ Q� 1 CT 2404 B. 34152-0 / 'mss oo• so ' / pROFESSIO,yq/ \ � / / E-27 \ EXP. 03-31-2011 sj C OF F CAL1p "o SCALE: 10--100' ATF /rte L C BEARINGIDELTA RADIUS LENGTH EXHIBIT 11 111 O,Q L2 FLi N 3209'29" E - 299.12 N 5750'31" W - 23.69 D.P. 2.300/41 L3 N 3209'29" E - 169.27 1 L4 N 645558" W - 40.12 L5 S 64 55'58" E - 25.18 TRACT 10647 C7 d=0903'28" 1900.00 300.37 cz a os72'37° 1905.00 176.76 M.B. 159139-40 4"e���� L C BEARING SHEET 2 OF 2 EL7A RADIUS LENGTH i Ll S 63'03'25" W - 158.77 EXHIBIT "B2" L2 N 32'09'36" E - 47.55 D.P. 2.300/42 L3 N 64'55'58" W - 59.75 L4 N 64'5558" W - 54.61 Cl A--015657" 1850.00 6294 C2 A=0156'58" 1900.00 64.64 �s•� 04 L5 S 6455'58" E - 40.12 00 181b L6 N 64'5558" W - 100.73 11 C3 A= 00 04'08'38" 1905. 137.78 s00, , 4�1� y`i 6 oGO4�4 4�G�601g0,�1 46 0�1 4 Zo n ��10�4 4�• �%ti`s'�' cos• j 5�G @`�4 o° 0 oP�e°� G.E. SHERER ^�� 41, COR. NO. 5 PARCEL 'C' PER C.S. 1780 RIGHT OF WAY s S �a6� P�S \� Z395 S.F. y \ 111.08' CP TP.O.& 553'48'36"w so TRACT 16509-7 \ � • ��� M.B. 331183-92 SEE MAL 'A' 1 's: PROFESS pky! �W.GRuq� CE-2 06 Exp. 03-31- 011 •�, °� .off Ns"SS C SCALE. 1"=200' I)/' / �p°� / `�1 / 'go, '8�s?s8 ATEOFCn / 176' l / / TRACT 2404 / Sp s / M.B. 34152-53 G.E. SHERER CDR. 0 / j3/ / NO. 4 PER C.S.1780 "' ' / r� 1sj\so0. P.O.C.PARCEL 16' / POB FOR CAMPUS PARKWAY / Q'g— / PER DOC. NO. 2005-0970212 / 6 PARCEL 'C s0 TRACT 10647 y696t,�h0 ���� :F M.B. 159139-40 '�� DETAIL 'AV o,\ o\ / NTS / EXHIBIT 662" REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY HALL 300 North I'M Street San Bernardino,CA 92418 APN: Pm. of 0261-231-04 SPACE ABOVE FOR RECORDER'S USE FEE EXEMPT PURSUANT TO GOV.CODE SECTION 27383 EASEMENT FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledgedSAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT,a body corporate and politic of the State of California,hereby GRANTS to the CITY OF SAN BERNARDINO, a municipal corporation,AN EASEMENT FOR STREET AND HIGHWAY PURPOSES AND APPURTENANT FACILITIES,IN.OVER.UNDER AND ACROSS the real property in the City of San Bernardino,County of San Bernardino,State of California,described as follows: SEE EXHIBITS"A"AND `B"ATTACBED HERETO AND MADE PART HEREOF SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT By: DATE: Name: ACCEPTANCE ACKNOWLEDGEMENT OF GRANTOR(S): This is to certify that the interest in the real property STATE OF CALIFORNIA conveyed by the within inswment to the City of San COUNTY OF )S.S. Bernardino,California,a municipal corporation,is hereby accepted by order of the City Council, and grantee On before me,__ consents to the recordation thereof by its duly authorized officer. Notary Public,personally appeared CITY OF SAN BERNARDINO who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by By: his/her/their signatum(s) on the instrument the person(s), or the entity on behalf of City Clerk which the person(s)acted,executed the instrument. I certify tinder PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. Date: WITNESS my hand and official seal. Signature FOR NOTARY STAMP OR SEAL 15.02-1540-Campus Parkway DEVIL CREEK LEVEE PARCEL 39 DOC#2EO90/07001 EXHIBIT "A" DESCRIPTION Right of Way That portion of Lot 16 of Tract No. 2404,per plat thereof recorded in Book 34 of Maps, Pages 52 and 53, records of the County Recorder of San Bernardino County, State of California, described as follows: Beginning at the Southeasterly Corner of said Lot 16; Thence North 32°09' 29"East along the southeasterly line of said Lot 16, a distance of 34.76 feet; Thence leaving said southeasterly line South 77° 09' 56"West, a distance of 35.01 feet to a line that is 10 feet northerly of and parallel to,as measured at right angles, the southerly line of said Lot 16; Thence North 57° 49' 36" West along said parallel line,a distance of 75.23 feet,to the westerly line of said Lot 16; Thence South 32° 09' 36" West along said westerly line,a distance of 10.00 feet,to said southerly line; Thence South 57° 49' 36"East along said southerly line,a distance of 100 feet to the Point of Beginning. Containing 1,306 square feet more or less. QVFESS/o No E-27 �O Exp. 03-31- 'f M lk. sf9TEOF CAIIF���� DEVIL CREEK LEVEE PARCEL 39 DOC#2EO90/07001 © JULY 21,2009 C:Documcnts\RW-Easements(15.02-)\15.02-I 540-Campus Pkwy RW Swap with Count)wost Current-9-2009\03A-REV 1-16- 09-DESCWTION CAMPUS PKY-KENDALL DR LOT 16 CORNER.DOC I l N 55' I I I Right of Way 50111e Parcel One: 1,306 sq.ft.i �Ao l� 1 1i 0, w J m 0!!'fL� w ` \•� O� b N57.49'36'W 5( G �i «n z (• �• ml S57.49'36'E QD � 100' POB f Detail "A" (N.T.S.) �IM o ' OI OA DEDICATED TO THE CITY OF SAN BERNARDINO PER DOC. NO. 2005-0404290 50' 50' c B DEDICATED TO THE CITY OF SAN BERNARDINO }' PER DOC. NO. 2005-0498616 17 16 314 14 © PER DOCDNO. 2005CI0502874AN 13ERNARDINO Q CL pgOFESS1p w �0 ! 2 W.GRpBB�Fyc D N10 m :2 � o.CE• 7 0 jD Q 0 C4 U N N * Exp. 03. 3.2011 Mi See zl A B spq CIV Detaff A" Tf OF CAUFD� Poe 1010_23' to CA DEERFIELD STREET_ 0 —N 57' 49 36' i KENDALL DRIVE 39 EXHIBIT "B" E D.P. 2.300/35 Proposed Right of Way — Portion of Campus CITY OF SAN BERNARDINO Parkway, Northerly of Kendall Drive PUBLIC WORKS/ENGINEERING (APN 261-231-04) REAL PROPERTY SECTION i EXHIBIT "3" REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY HALL 300 North"D"Street San Bernardino,CA 92418 APN: 0265-031-14& 19,0151-241-15, 0261-231-24(PORTIONS OF) SPACE ABOVE FOR RECORDER'S USE FEE EXEMPT PURSUANT TO GOV.CODE SECTION 27383 EASEMENT FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT,a body corporate and politic of the State of California,hereby GRANTS to the CITY OF SAN BERNARDINO, a municipal corporation,AN EASEMENT FOR STREET AND HIGHWAY PURPOSES AND APPURTENANT FACILITIES IN OVER UNDER AND ACROSS the real property in the City of San Bernardino,County of San Bernardino,State of California,described as follows: SEE EXHIBITS "A" rB 1" "B2" AND '133" ATTACHED HERETO AND MADE PART HEREOF SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT By: DATE: Name: ACCEPTANCE ACKNOWLEDGEMENT OF GRANTOR(S): This is to certify that the interest in the real property STATE OF CALIFORNIA conveyed by the within instrument to the City of San COUNTY OF )S.S. Bernardino,California,a municipal corporation,is hereby accepted by order of the City Council, and grantee On before me, consents to the recordation thereof by its duly authorized officer. Notary Public,personally appeared CITY OF SAN BERNARDINO who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in histher/their authorized capacity(ies), and that by By: hisrher/their signature(s) on the instrument the person(s), or the entity on behalf of City Clerk which the person(s)acted,executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. Date: WITNESS my hand and official seal. Signature FOR NOTARY STAMP OR SEAL 15.02-1540-Campus Parkway DEVIL CREEK LEVEE PARCEL 40-43 DOC#213090/07002 EXHIBIT"A" DESCRIPTIONS CAMPUS PARKWAY COUNTY FLOOD CONTROL DISTRICT TO CITY PARCELS Parcel "A"—Right of Way A parcel of land lying within Section 7, (unsurveyed),Township 1 North, Range 4 West, San Bernardino Base and Meridian, being a portion of the land described as Parcel"A"in deed recorded June 7, 1974, Book 8447,page 1163, Official Records of the County of San Bernardino, State of California,described as follows: Commencing at the centerline of Kendall Drive, distant thereon 1010.23 feet from its intersection with the centerline of Deerfield Street, as said street is delineated on the Map of Tract No. 10647, per map thereof recorded in Book 159 of Maps,pages 39 and 40, records of said County; Thence North 32°09'29"East, a distance of 225.00 feet to a tangent curve, concave southeasterly,having a radius of 1850.00 feet; thence northeasterly,along said curve, through a central angle of 19°42'10",a distance of 636.17 feet;thence North 38 108'22" West, a distance of 55.00 feet to the southeasterly line of that parcel of land conveyed to the San Bernardino County Flood Control District in deed recorded June 7, 1974 in Book 8447 of Official Records,page 1163,records of said County and the True Point of Beginning; thence along said southeasterly line,North 63°03'25"East, a distance of 133.42 feet;thence North 32°09'36"East, a distance of 61.10 feet; thence leaving said southeasterly line, South 53°48'36"West,a distance of 123.67 feet to a tangent curve , concave southeasterly, having a radius of 1905.00 feet,thence along said curve, through a central angle of 01°56'58",a distance of 64.82 feet to the True Point of Beginning. Containing 0.05 acres more or less. Parcel"B" - Right of Way A parcel of land lying within Section 7, (unsurveyed), Township 1 North, Range 4 West, San Bernardino Base and Meridian,being a portion of the land described as Parcel "A"in deed recorded June 7, 1974,Book 8447,page 1163 Official Records of the County of San Bernardino, State of California, described as follows: Commencing at the centerline of Kendall Drive, distant thereon 1010.23 feet from its intersection with the centerline of Deerfield Street, as said street is delineated on the Map of Tract No. 10647,per map thereof recorded in Book 159 of Maps, pages 39 and 40, records of said County; Thence North 32°09'29" East, a distance of 225.00 feet to a tangent curve, concave southeasterly,having a radius of 1850.00 feet;thence northeasterly, along said curve, through a central angle of 21°39'08",a distance of 699.11 feet; thence North 53°48'36" East,a distance of 1134.63 feet to a tangent curve, concave southeasterly, having a radius Jn.CREEK LEVEE PARCEL 4043 DOG#2FWO/07002 iLLY2i,2009 ClDe a1MW-Ee ft(13Ab¢MM--IW Camp ,Pknr0.WSwp hLCounlVlonCumnl-32OM2A-REVI-1-0 -DESCRIM[ON CAAIPUSPARKWAY- COUNFYFLOODTOCITYPARCE DOC EXHIBIT "A" CONT'D of 2000.00 feet;thence along said curve,through a central angle of 06°56'19", an arc distance of 242.20 feet; thence North 29°15'05" West, a distance of 50.00 feet to the southeasterly line of that parcel of land conveyed to the San Bernardino County Flood Control District in deed recorded June 7, 1974 in Book 8447 of Official Records,page 1163, records of said County and the True Point of Beginning; thence northeasterly along said southeasterly line from a tangent which bears North 72°44'42"East, along a curve, concave northwesterly,having a radius of 1100.00 feet, through a central angle of 05 022'20", a distance of 103.14 feet; thence North 67°22'22" East along said southeasterly line, a distance of 446.30 feet; thence leaving said southeasterly line, South 74°57'37"West,a distance of 41.83 feet to a tangent curve, concave southeasterly, having a radius of 2055.00 feet; thence southwesterly along said curve, through a central angle of 14'49'18", a distance of 531.61 feet to a non-tangent curve, concave northeasterly,having a radius of 1100.00 feet,the radius point of which bears North 16005'13" West;thence easterly along said curve,through a central angle of 01'10'05", a distance of 22.42 feet to the True Point of Beginning. Containing 0.21 acres more or less. Parcel "C"—Right of Way Those portions of Sections 7 and 8, (unsurveyed),Township 1 North, Range 4 West, San Bernardino Base and Meridian,lying within the Rancho Muscupiabe,per plat recorded in Book 7 of Maps,Page 23,records of San Bernardino County, State of California, and lying within the land described in document recorded in Book 4671, Page 364, Official Records of said County, and described as follows: Commencing at Comer Number 14, as delineated on the G.E. Sherer survey on file in the County Surveyor's Office as file number C.S. 1780; thence North 00°27'54" West along the easterly line of that parcel of land conveyed to the City of San Bernardino as Parcel One by instrument recorded in Book 724 of Deeds,page 8 in the Office of the Recorder of said County,a distance of 20.63 feet to the northerly boundary of the J. R. Munn, Jr. property(136.350 acres, more or less), as delineated and shown on that certain map filed in Book 21,pages 98 and 99,of Records of Surveys,in the Office of the County Recorder of said County,and the True Point of Beginning; thence along said northerly boundary,North 67°58'28"East,a distance of 168.69 feet; thence South 36°16'00"East, a distance of 286.77 feet; thence North 67143'19"East,a distance of 25.64 feet to the beginning of a non-tangent curve, concave westerly,having a radius of 560.00 feet, the radial point of which bears South 84°46'40" West; thence leaving said northerly boundary and northwesterly along said curve, through a central angle of l6°31'54", a distance of 161.58 feet; thence North 21'45'13" West, a distance of 206.49; thence South 68°14'47" West, a distance of 120.00 feet; thence South 23 114'47" West, a distance of 39.60 feet; thence South 68°14'47" West, a distance of 117.46 feet to the easterly line of said Parcel One;thence along said easterly line, South 00°27'54"East, a distance of 65.74 feet to the True Point of Beginning. DEVIL CREEK LEVEE PARCEL 10.43 Containing 0.98 acres more or less. Doc#213090/07IXY2 JULY 21,2009 CI➢oanrnnVtW-Earmzm IISOS-p1502-1iq Cwpn P[wT KW Sw,P wile CownS fCuum-8.2p 2A-REV 1-16 .MSCRVTION CAMPUS PARKWAY- COUNTY FLOOD TO CITY PARCELS.DOC EXHIBIT "A" CONT'D Parcel"D"—Right of Way That portion of Lot 15 of Tract No. 2404 per plat thereof recorded in Book 34 of Maps, pages 52 and 53, Records of San Bernardino County, State of California, described as follows: Commencing at the centerline of Kendall Drive, distant thereon 1010.23 feet from its intersection with the centerline of Deerfield Street, as said street is delineated on the Map of Tract No. 10647, per map thereof recorded in Book 159 of Maps,pages 39 and 40, records of said County; Thence North 32°09'29" East, a distance of 225.00 feet to a tangent curve, concave southeasterly,having a radius of 1850.00 feet;thence northeasterly, along said curve, through a central angle of 9°03'28",a distance of 292.46 feet; thence North 48°47'03" West, a distance of 50.00 feet to the southwesterly line of that parcel of land conveyed to the San Bernardino County Flood Control District in deed recorded February 4, 1957 in Book 4147,page 458, Official Records of said County and the True Point of Beginning; thence along said southwesterly line, South 58°19'02"East, a distance of 1.34 feet; thence North 32°08'53"East, a distance of 8.28 feet;to the beginning of a non-tangent curve, concave southeasterly,having the radius of 1900.00 feet, the radial point of which bears South 48°31'52"East; thence southwesterly along said curve, through a central angle of 00°15'11", a distance of 8.39 feet to the True Point of Beginning. Containing 6 square feet more or less. PROFESS/G� ���W.GRUB!Fyc m No Exp. 03-37-2011 cNlL �l9lEOf CAl\FOQ�$ DEVIL CREEK LEVER PARCEL 4043 DOC p 2BO90/07002 JULY 2i,2009 CncuoulilNW-F..,l.(IS 0I-)US02-IM-Cm"'t,"RW S1.1 wilyCovnIWA1o"C--1-IQ0 WA -REV 1-1609-DESCRIPTI0NCARPUSPARRWAY- �O Y ROOD TO CITY PARCELS.DO L C BEARINGIDELTA RADIUS LENGTH SHEET I OF 3 L 1 N 6303 25" E - 133.42 L2 N 32'09'36" E - 61.10 L3 N 645558" W - 59.75 L4 N 645558° W - 54.61 L5 N 6455'58" W - 25.16 L6 I S 5819'02' E - 1.34 1 / L7 N 32'08'53" E - 8.28 L8 N 6303'25" E - 158.77 L9 N 53'48'36" E - 12367 LID N 32'09'36" E - 308.96 / C3 Q t Cl d=015658" 1850.00 62.94 `l SOS L '1 6 C2 6 015658° 1905.00 64.82 4��i��G QQ4G ,OI�O� C4 A=09'03'28" 1850.00 292946 40 E h y,�py5 PP G.F. SHERER COR. NO. 5 / O s S�5 `\\S 43 PER C.S. 1780 PARDCEL 'A' �Qv E PARCEL 'A' QO6 WAY ACAEB u PARCEL V C 1 ss N i R1 HTOFWAY E / PARCEL'D' rDn' /L DETAL 'A' (N.T.S.J / o, G.E. SHERER COR. NO. 4 PER C.S.1780 TRACT 2404 M.B. 34152-53 \NSA\s0°. ?' tiry ro A / FESSR `964 4�\ �iB\ /a° / ti c� �A�wUe��a ul 5� N 0 pg CE_27 n F,XHIBIT B1 n F \ \°•2,�. � Exp. 03 __0» D.P. 2.300/36 , o�� CN1 TRACT 10647 sT4�oFCa M.B. 159139-40 �' SCALE: 1"=200' EXHIBIT "B2" a D.P. 2.300/37 H m O 40 ------ -}- ------ -�Ie------ ts ------ - - ------Waa-- �= ---------- - R) C' \ a\ / 1 ,�_ -513'52,2 5?ECR) N � N��yS'18"W \ \ � •� °• �\ cm Nj6.p5 U x U 3 N a Em ~tea w Ia� �\CA W U O Zit Wp^ a ° NO N IRI w E,a s v \ n _ M 0 5 . 0 vN viohro N \\ 2231'38- ^ c' UW NA �gb5' p a Er •� � '�`' � 333 = _ 0 W I^ N N N V p W p 1 ` W cn cn 2 G V 300 m r, a s �• � r r s 2 l.� w w �P ! el tK s . \ o w F w� F W ti F O G\NEE * d O � 3^ •Z y C7 N ,.y � 4 J Q ►7i 0 N Z f�a' � p � U °I U o Y v old��//y m of o+ rnov (o CO v � � _ 411.10' o t W N h ai N N ° 50932'53"E a n C1 z J 206,49 1 az N21,45,13..W QI I 1 1 I to H W ko ti 3 �u'slfi R�\y \ ig CO o �\ I" ai IQ- it W 3 W 3 W ' ° ' ' a `>• t N VI ° 0) 0) ^ v 8 NOLL03S C� Q m N N b F dry. m O 50 �^ z v r2 L NOLL03S : z n n z n 5ti�o 55' m W o co � 2U \ "w t Cf °E �. d p W NOO'27'54"W N 65.74 Z \ 24.25' 39.61' 53.66 h / _ N \ •4j %�N N ° r o. \ < n, to �f N H QO m I� 300 � �"Z N O ti4 d-to F 15 i \ q o C- \ EXHIBIT "B3" ko D.P. 2.300/40 \ C�