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HomeMy WebLinkAbout2013-281 RESOLUTION NO. 2013-281 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE EXECUTION OF 3 AN AMENDMENT TO THE PURCHASE AND SALE AGREEMENT WITH 4 MONTECITO EQUITIES, LTD. TO EXTEND THE TERMINATION OF ESCROW FOR THE SALE OF CITY OF SAN BERNARDINO MUNICIPAL WATER 5 DEPARTMENT OWNED PARCEL OF REAL PROPERTY GENERALLY LOCATED NORTHEASTERLY OF MEYERS ROAD AND WEST OF MARTIN 6 RANCH ROAD IN THE CITY OF SAN BERNARDINO. 7 WHEREAS, on February 22, 2011, by Resolution No. 2011-41, the Mayor and 8 Common Council authorized the execution of a Purchase and Sale Agreement and the 9 execution of a Grant Deed for the sale of City of San Bernardino Municipal Water 10 11 Department owned parcel of real property, generally located northeasterly of Meyers Road 12 and west of Martin Ranch Road to Montecito Equities, Ltd; and 13 WHEREAS, escrow was opened with First American Title Company in San 14 Bernardino, CA, on March 16, 2011, and per the Sales and Purchase agreement, escrow was 15 16 to terminate eighteen (18) months after escrow opened, with a termination date of September 17 16, 2012; and 18 WHEREAS, on February 19, 2013, by Resolution No. 2013-34, the Mayor and 19 Common Council approved the Spring Trails Specific Plan and Environmental Impact 20 Report; and 21 22 WHEREAS, Montecito Equities, Ltd., delivered a letter requesting the extension of 23 the termination of escrow to be December 22, 2013, to be able to proceed with the purchase 24 of the City of San Bernardino Municipal Water Department property. 25 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 26 CITY OF SAN BERNARDINO AS FOLLOWS: 27 SECTION 1. That the City Manager of the City of San Bernardino, is hereby 28 authorized and directed to execute on behalf of said City, an Amendment to the Purchase and 2013-281 1 Sale Agreement with Montecito Equities, Ltd., to extend the termination of escrow to 2 December 31, 2013, for the sale of certain City of San Bernardino Municipal Water 3 Department owned parcel of land, generally located northeasterly of Meyers Road and west 4 of Martin Ranch Road, in the City of San Bernardino, State of California, known as 5 Assessor's Parcel No. 0348-101-76, attached hereto and marked Exhibit "1", and more fully 6 7 described in said Purchase and Sale Agreement, a copy of which is attached hereto marked 8 Attachment"1", and both incorporated herein. 9 SECTION 2. The authorization to execute the above-referenced Amendment to the 10 Purchase and Sale Agreement is rescinded if the parties fail to execute the Amendment within 11 ninety (90) days of the date of adoption of this Resolution. 12 /// 13 14 /// 15 /// 16 17 18 19 20 21 22 23 24 25 26 27 28 2013-281 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING 1 THE EXECUTION OF AN AMENDMENT TO THE PURCHASE AND SALE AGREEMENT WITH MONTECITO EQUITIES, LTD. TO EXTEND THE TERMINATION OF ESCROW FOR THE SALE 2 OF CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT OWNED PARCEL OF REAL PROPERTY GENERALLY LOCATED NORTHEASTERLY OF MEYERS ROAD AND WEST 3 OF MARTIN RANCH ROAD IN THE CITY OF SAN BERNARDINO. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 City joint regular and Common Council of the Cit of San Bernardino at a g meeting 6 thereof, held on the 7th day of October , 2013, by the following vote, to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ x 10 JENKINS x 11 12 VALDIVIA x 13 SHORETT x 14 KELLEY x 15 JOHNSON X 16 MCCAMMACK x 17 18 19 George. .. Hanna, Pity Clerk 20 The foregoing resolution is hereby approved this `ir?day of October , 2013. 21 22 Patrick J. M 's, Mayor 23 City of San Bernardino 24 Approved as to form: 25 JAMES F. PENMAN, City Ai rney 26 By: ,_ 27 28 2013-281 EXHIBIT "1" AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS is made as of this 7th day of October 2013, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "CITY", and MONTECITO EQUITIES LTD., a California limited partnership, hereinafter referred to as "MONTECITO". WHEREAS, the parties have previously executed a Purchase and Sale Agreement and Joint Escrow Instructions ("Agreement") dated February 22, 2011, a copy of which is attached and incorporated herein as Attachment "1", for that certain City of San Bernardino Municipal Water Department owned parcel of real property generally located northeasterly of Meyers Road and west of Martin Ranch Road, in the City of San Bernardino, State of California, known as Assessor's Parcel No. 0348-101-76; and WHEREAS, the parties hereto desire to amend said Agreement, to extend the termination of escrow as set forth in Article III—Closing, to December 31, 2013. NOW THEREFORE, the parties hereby mutually agree to an amendment to said Agreement as follows: 1. ARTICLE III, Section 3.1(C). Termination of Escrow is amended to read as follows: "Escrow shall terminate on December 31, 2013, unless Escrow Closes prior to that date as described above." 2. All other terms and conditions of the Agreement shall remain in effect. 1 of 2 2013-281 IN WITNESS WHEREOF, the parties have executed this Amendment to Purchase and Sale Agreement and Joint Escrow Instructions the day and year as first written above. CITY: MONTECITO: CITY OF SAN BERNARDINO, MONTECITO EQUITIES, LTD., a Municipal corporation a California limited partnership By: EXHIBIT COPY By: EXHIBIT COPY Allen Parker Yu Ying Huang Lin Its: City Manager Its: President ATTEST: Georgeann Hanna, City Clerk Approved as to form: James F. Penman, City Attorney 2 of 2 2013-281 AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS is made as of this 7th day of October 2013, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "CITY", and MONTECITO EQUITIES LTD., a California limited partnership, hereinafter referred to as "MONTECITO". WHEREAS, the parties have previously executed a Purchase and Sale Agreement and Joint Escrow Instructions ("Agreement") dated February 22, 2011, a copy of which is attached and incorporated herein as Attachment "1", for that certain City of San Bernardino Municipal Water Department owned parcel of real property generally located northeasterly of Meyers Road and west of Martin Ranch Road, in the City of San Bernardino, State of California, known as Assessor's Parcel No. 0348-101-76; and WHEREAS, the parties hereto desire to amend said Agreement, to extend the termination of escrow as set forth in Article III-Closing, to December 31, 2013. NOW THEREFORE, the parties hereby mutually agree to an amendment to said Agreement as follows: 1. ARTICLE III, Section 3.1(C). Termination of Escrow is amended to read as follows: "Escrow shall terminate on December 31, 2013, unless Escrow Closes prior to that date as described above." 2. All other terms and conditions of the Agreement shall remain in effect. 1 of 2 2013-281 IN WITNESS WHEREOF, the parties have executed this Amendment to Purchase and Sale Agreement and Joint Escrow Instructions the day and year as first written above. CITY: MONTECITO: CITY OF SAN BERNARDINO, MONTECITO EQUITIES, LTD., a Municipal corporation a California limited partnership By: By: Allen Parker Yu Ying Huang Lin Its: City Manager Its: President ATTEST: Georgeann Hanna, City Clerk Approved as to form: iv ?Az''''■- fs F. Penman, City Attorney 2 of 2 • 2013-281 AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS is made as of this 7th day of October 2013, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "CITY", and MONTECITO EQUITIES LTD., a California limited partnership, hereinafter referred to as "MONTECITO". WHEREAS, the parties have previously executed a Purchase and Sale Agreement and Joint Escrow Instructions ("Agreement") dated February 22, 2011, a copy of which is attached and incorporated herein as Attachment"1", for that certain City of San Bernardino Municipal Water Department owned parcel of real property generally located northeasterly of Meyers Road and west of Martin Ranch Road, in the City of San Bernardino, State of California, known as Assessor's Parcel No. 0348-101-76; and WHEREAS, the parties hereto desire to amend said Agreement, to extend the termination of escrow as set forth in Article III—Closing, to December 31, 2013. NOW THEREFORE, the parties hereby mutually agree to an amendment to said Agreement as follows: 1. ARTICLE III, Section 3.1(C). Termination of Escrow is amended to read as follows: "Escrow shall terminate on December 31, 2013, unless Escrow Closes prior to that date as described above." 2. All other terms and conditions of the Agreement shall remain in effect. 1 of 2 2013-281 IN WITNESS WHEREOF, the parties have executed this Amendment to Purchase and Sale Agreement and Joint Escrow Instructions the day and year as first written above. CITY: MONTECITO: CITY OF SAN BERNARDINO, MONTECITO EQUITIES, LTD., a Municipal corporation a California limited partnership B / s.'l�. By By � K len Parker Yu Ying Huang Lin Its: City Manager Its: President ATTEST: s_AZ(1 eorgeann He a, Cit ilerk Approved as to form: I/' ? kl''''■- s F. Penman, City Attorney J- y 2 of 2 • ATTACHMENT "1" • 2011-41 '. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS This PiArchase and Sale Agreement and Joint Escrow Instructions ("Agreement") is dated as of this-22,/ay of February,2011 ("Effective Date"),by and between Montecito Equities Ltd., a California limited partnership ("Montecito"), and City of San Bernardino, a Municipal Corporation ("City"). Hereafter, Montecito and City are sometimes referred to as "Party" and collectively as"Parties". RECITALS WHEREAS, City owns for the benefit of the City of San Bernardino Municipal Water Department approximately 5.1 acres of real property in the County of San Bernardino, State of California, as more particularly described in Exhibit "A," attached hereto and incorporated by this reference (the"Property"); WHEREAS, City of San Bernardino Municipal Water Department has deemed the Property as surplus property; WHEREAS, Montecito desires to purchase the Property from City, and City desires to sell the Property to Montecito, on the terms and conditions contained in this Agreement; and WHEREAS, the Parties desire to enter into this Agreement to memorialize the terms and conditions upon which City shall sell,and Montecito shall purchase,the Property. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the foregoing Recitals, which Recitals are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the mutual covenants contained herein,the Parties hereby agree as follows: ARTICLE I PURCHASE AND SALE 1.1 Purchase and Sale. Montecito agrees to purchase the Property from City and City agrees to sell the Property to Montecito, subject to the terms, conditions, and covenants contained in this Agreement. The Property shall be conveyed to Montecito at the Close of Escrow free of any monetary encumbrances, all of which shall be paid by City on or before the Closing. 1.2 Deed Restriction. The Property shall be conveyed to Montecito at the Closing subject to a deed restriction ("Deed Restriction") that will provide that the portion of the Property described on Exhibit `B", attached hereto and incorporated herein by reference ("Restricted Portion") may only be used for the construction, maintenance and operation of a roadway (which will include all ancillary uses, such as utility easements, slopes and setbacks). -I— Water Dinriet Purchase Agreement(0348-10I-76)002 h1681.012—511899.I • 2011-41 ARTICLE II PURCHASE PRICE AND DEPOSITS 2.1 Escrow. After this Agreement is executed by both Parties, Montecito shall open an escrow("Escrow")with First American Title Insurance Company, 330 West Court Street, San Bernardino, California 92401 ("Escrow Holder"), by delivering a fully executed copy of this Agreement to Escrow Holder. 2.2 Purchase Price. The Purchase Price for the Property shall be Twenty-Two Thousand and No/100 Dollars ($22,000.00)("Purchase Price"), payable as follows: (a) Deposit. Within five (5)business days of the opening of Escrow,Montecito shall deposit with Escrow Holder the sum of Five Thousand and No/100 Dollars($5,000.00)("Deposit"). (b) Balance of Purchase Price. At the Closing, Montecito shall deposit into Escrow the sum of Seventeen Thousand and No/100 Dollars ($17,000.00) in cash, or other immediately available funds, which, together with the Deposit,totals the Purchase Price. 2.3 Form of Payment. All money payable under this Agreement shall be paid in cash, by wire transfer, a cashier's check or certified check of immediately available federal funds of the United States. ARTICLE III CLOSING 3.1 Closing. The purchase and sale of the Property shall be consummated through a closing("Closing") in accordance with the following: A. Close of Escrow. The close of escrow ("Close of Escrow") shall occur thirty (30) days after Mayor and Council approval and certification of the Spring Trails Specific Plan and Environmental Impact Report (the "Closing Date"); the approval and certification of the Spring Trails Specific Plan and Environmental Impact Report shall be subject to the sole discretion of the Mayor and Council. The Close of Escrow shall occur at the office of the Escrow Holder or such other location as is acceptable to the Parties to this Agreement. B. Closing Documents. (i) City. Prior to the Closing Date, City shall cause to be delivered to Escrow the following: (a) A grant deed ("Deed") conveying the Property to Montecito,which Deed shall include the Deed Restriction on the Restricted Property; (b) Such documents and instruments as Escrow may reasonably require to evidence the due authorization and execution of the documents and instruments to be delivered by City under this Agreement; and -2- Water District Purchase Agreement(034a-101-76)002 M601-012--5 11899 I 2011-41 • • (ii) Montecito. Prior to the Closing Date, Montecito shall deliver to the Escrow the following: (a) The balance of the Purchase Price payable by Montecito at the Closing pursuant to Section 2.2(b), plus Montecito's and the City's share of any costs and expenses to be paid to or through Escrow; and (b) Such documents and instruments as Escrow may reasonably require to evidence the due authorization and execution of the documents and instruments to be delivered by Montecito under this Agreement. C. Termination of Escrow. Escrow shall terminate eighteen (18) months after Escrow opens unless Escrow Closes prior to that date as described above. 3.2 Fees; Expenses; Prorations. A. Fees, Expenses, Transfer Taxes. Montecito shall pay: (a) Escrow Holder's fee; (b) the cost of any title policy that Montecito elects to purchase; (c) any documentary transfer tax payable on the sale of the Property. Montecito and City shall each pay for their own attorneys' fees. B. Real Property Taxes, Assessments and Rents. Any real property taxes and assessments shall be prorated and adjusted on the basis of the actual days in the calendar year. Montecito shall pay for the date of Closing. Montecito acknowledges that City is not subject to real property taxes and assessments. C. Commissions. Montecito and City each represent to each other that they have not employed or contracted with any other broker on their behalf in connection with this transaction. ARTICLE IV DEFAULT 4.1 Montecito's Default. IF MONTECITO DEFAULTS UNDER THIS AGREEMENT, CITY SHALL BE RELEASED FROM OBLIGATION TO SELL THE PROPERTY TO MONTECITO, BUT CITY, BY INITIALING THIS PARAGRAPH, SHALL HAVE RELEASED MONTECITO FROM ANY CLAIMS OR CAUSES OF ACTION ARISING OUT OF SUCH DEFAULT, AND CITY SHALL HAVE AGREED THAT CITY SHALL RETAIN THE "DEPOSIT" AS LIQUIDATED DAMAGES, AND THAT SUCH RETENTION SHALL BE CITY'S SOLE REMEDY AGAINST MONTECITO IN REGARD TO SUCH DEFAULT. THE'PARTIES HERETO HAVE CONSIDERED THE AMOUNT OF DAMAGES WHICH CITY IS LIKELY TO INCUR IN THE EVENT OF A DEFAULT OR BREACH HEREUNDER BY MONTECITO, AND THE PARTIES HERETO HAVE AGREED THAT THE DEPOSIT IS A REASONABLE APPROXIMATION AND LIQUIDATION OF CITY'S POTENTIAL DAMAGES, CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING ON THE DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF THE SUM TO THE RANGE OF HARM TO CITY THAT REASONABLY COULD BE ANTICIPATED AND THE ANTICIPATION THAT PROOF OF ACTUAL DAMAGES -3- Water thstrict Purchase Agreement(0348401-76)002 Mh8I-0 12--51 1119.1 2011-41 • WOULD BE COSTLY OR INCONVENIENT. THE RECEIPT AND RETENTION OF SUCH AMOUNT BY CITY IS INTENDED TO CONSTITUTE THE LIQUIDATED DAMAGES TO CITY PURSUANT TO THE CALIFORNIA CIVIL CODE, AND SHALL NOT BE DEEMED TO CONSTITUTE A FORFEITURE OR PENALTY WITHIN THE MEANING OF THE CALIFORNIA CIVIL CODE, OR ANY SIMILAR PROVISION. SAID AMOUNT OF LIQUIDATED DAMAGES SHALL BE IN LIEU OF ANY OTHER REMEDIES, DAMAGES OR SUMS DUE OR PAYABLE TO CITY. IN PLACING THEIR INITIALS AT THE PLACES PROVIDED, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS MADE ABOVE. MONTECITO ITY 4.2 City's Default. If the transaction contemplated hereby fails to close as the result of City's default under this Agreement, Montecito shall have no remedies available at law or in equity,other than specific performance. ARTICLE V REPRESENTATIONS AND WARRANTIES 5.1 City's Representations and Warranties. City represents and warrants to Montecito that, as of the date this Agreement is executed and as of the Closing Date: (i) City has full right, power and authority to execute and deliver this Agreement and to perform the undertakings of City contained in this Agreement; (ii)this Agreements constitutes valid and binding obligations of City that are legally enforceable in accordance with its terms; (iii) City is not aware of any hazardous materials that have been released on the Property; (iv) City is not aware of any matters that would affect the value or desirability of the Property. ARTICLE VI INDEMNIFICATION 6.1 Indemnification and Hold Harmless. Montecito shall defend, indemnify, and hold harmless the City, its officers, employees and agents from any claims, demands, lawsuits, liabilities,judgments, or expenses, including attorney's fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not limited to, all civil claims or workers' compensation claims, arising out of, pertaining to, or related to Montecito's performance of this Agreement, including, but not limited to, any third party challenges to the City's approval of this Agreement. ARTICLE VII MISCELLANEOUS 7.1 Assignment. Neither Party shall assign its rights nor delegate its obligations under this Agreement without obtaining the prior written consent of the other Party hereto. 7.2 Attorneys' Fees. If any action,proceeding or arbitration is brought to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the -4- Water District Purchase Agreemem(0348-101-761002 M681.012-•511899.1 2011-41 • other party all costs and expenses of such action, proceeding or arbitration, including but not limited to actual attorneys' fees, witness fees' and court costs. The phrase "prevailing party" as used in this Section shall include a party who receives substantially the relief desired whether by dismissal, summary judgment or otherwise. The costs, salary and expenses of the City Attorney and members of his office in connection with that action shall be considered as "attorneys' fees" for the purposes of this Agreement. 7.3 Notices. All notices and requests under this Agreement shall be in writing and shall be sent by personal delivery, by certified or registered mail, postage prepaid, return receipt requested, or nationally recognized overnight mail carrier such as Federal Express, to the following street addresses: To City: To Montecito: City of San Bernardino Montecito Equities, Ltd. Attn: General Manager Attn: Tom Wilkinson P.O. Box 710 100 Pacifica, Ste 345 San Bernardino, CA 92402 Irvine, CA 92618 With a copy to: Gresham, Savage, Nolan &Tilden,APC Attn: J. Matthew Wilcox,Esq. 550 E. Hospitality Lane, Suite 300 San Bernardino, CA 92408-4205 All notices shall be effective upon receipt or rejection. 7.4 Cooperation. Each Party shall fully cooperate with the other in connection with the requirements imposed by this Agreement upon the other, to the end that neither Party shall act in any manner to impede the other in performing its obligations under this Agreement. 7.5 Interpretation/Forum/Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California as applicable to contracts entered into in California among parties doing business therein. The Parties agree that any litigation or dispute concerning this Agreement or the transaction contemplated hereby will be resolved in the Superior Court of the State of California, County of San Bernardino only. 7.6 Successors and Assigns. This Agreement shall be binding upon and inure to the benefits of the heirs, successors and assigns of the parties to this Agreement. 7.7 Severability. If any term or provision of this Agreement is determined to be invalid or unenforceable, the remaining terms and provisions shall not be affected thereby and shall remain in full force and effect to the maximum extent permitted by law. 7.8 Counterparts. This Agreement may be executed in counterparts, all of which shall constitute the same Agreement, notwithstanding that all parties to this Agreement are not signatory to the same or original counterpart. -5- Water District Purchase Agreement 10348401.76)002 M681-012--511899 I it 2011-41 7.9 Survival. All covenants and agreements of the Parties hereto shall survive the Closing. 7.10 Withholding Requirements. Montecito and City agree to comply with any withholding requirements of Federal or State law. 7.11 Integration. This Agreement, together with all the agreements referenced herein, constitutes the entire agreement between the Parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings 1, of the Parties. No supplement, modification, or amendment of this Agreement will be binding unless executed in writing by all the Parties. No waiver of any of the provisions of this Agreement will be considered, or will constitute, a waiver of any other provision, and no waiver will constitute a continuing waiver. No waiver will be binding unless executed in writing by the Party making the waiver. IN WITNESS WHEREOF,the Parties have executed this Agreement as of the date first set forth above. "MONTECITO" "CITY" MONTECITO EQUITIES,LTD., a CITY OF SAN BERNARDINO, a California limited partnership Municipal corporation By: 41----- By: --C--mr omas Wilkinson Charles E. McNeel Its: General Partner Its: City Manager Date: .3 Jfi/'/ Date: 21 Lot( i Approved As To Form: I -� ies F. Penman, City Attorney r -6- Water District Purchase Agreement(0348-101-76)002 M681-0122--511899.1 2011-41 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY All that certain real property located in the County of San Bernardino, more particularly described as follows, and as depicted on Exhibit"A-1", attached hereto: PARCEL NO. 1 THAT PORTION OF LOT 15; MEYERS AND BARCLAY SUBDIVIDION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 2 OF MAPS, PAGE 32, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBECD AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 15; THENCE SOUTH 27 DEGREES 15 MINUTES WEST ALONG THE EASTERLY LINE OF SAID LOT 15, 540 FEET, THENCE WESTERLY AT RIGHT ANGLES TO SAID EASTERY LINE TO THE POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE PROPERTY CONVEYED TO SAM STERN AND SHIRLEY STERN, HUSBAND AND WIFE, BY DEED RECORDED IN BOOK 6114, PAGE 14, OFFICIAL RECORDS; THENCE NORTHERLY TO THE POINT OF INTERSECTION OF A LINE PARALLEL TO THE NORTHERLY LINE OF SAID LOT 15, DISTANT 320 FEET THEREFROM WITH A LINE PARALLEL TO THE EASTERLY LINE OF SAID LOT 15, DISTANT 515 FEET THEREFROM, THENCE EASTERLY PARALLEL TO THE NORTHERLY LINE OF SAID LOT, 175 FEET; THENCE NORTH PARALLEL TO THE EASTERLY LINE OF SAID LOT 15 TO A POINT ON THE NORTHERLY LINE OF SAID LOT 15; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT TO THE POINT OF BEGINNING. PARCEL NO. 2: AN EASEMENT FOR ROADWAY, PIPELINE AND RELATED PURPOSES, IN, OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF LOT 15, MEYERS AND BARCLAY SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2 OF MAPS, PAGE 32, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: A STRIP OF LAND 50 FEET WIDE,THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 15, THENCE SOUTH 27 DEGREES 15 MINUTES WEST ALONG THE EASTERLY LINE OF SAID LOT 15, 540 FEET; THENCE WESTERLY AT RIGHT ANGLES TO SAID EASTERLY LINE 280 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY PARALLEL TO SAID EASTERLY LINE OF LOT 15 TO THE INTERSECTION OF SOUTHERLY LINE OF THE PROPERTY CONVEYED TO EMANUEL NEIMAN AND AGNES NEIMAN, HUSBAND AND WIFE, BY DEED RECORDED DECEMBER 14, 1943 IN BOOK 1645, PAGE 136, OFFICIAL RECORDS OF SAID COUNTY, TO THE TERMINATION OF SAID STRIP NOTE: SIDELINES OF SAID EASEMENT SHALL BE SHORTENED OR LENGTHENED IN ORDER TO TERMINATE AT THE SOUTHERLY LINE OF SAID NEIMAN PROPERTY. EXHIBIT"A" Mb81. I2--511899 I • - 2011-41 EXHIBIT "A-1" DEPICTION OF PROPERTY EXHIBIT"A" 1 M681.012--511809.I . . . gcc28gi • :3.1.- $E Ullif. 4.24118 221— m sli._kg RI owaTg& C rape O iitig :re % CNI RI - —I ....I U W W O 0 0 lic°2.E ..I M M c ac 13 « ••32,$ g" C M M 42aE CA 1 g12211.1 a' Ill I ca= t ■I le .— FO gR-0.1.4 . e , ..,.,.. . .. . . • , '5 m S ° C 1 . . Z T11 0 01 12 . ., .CI) 0) RI . RII 'Cr c M 12 01) b- - 0 • "., 6 m .. ... z c • . e (0 . . .. ca CI) "• )" • . . .. . .. . ,.. . . s_ C 4:0 0 411111 .„•r 0 . • , . .... , ... , . , . „ . ., • .).• . . .. , CNI 1 , ■ VI CD . ■ . S. • ■ S. S. V ■ ■ . m S. S. ■ ■ ■ ■ . CU 5- ■ ... . . ■ ■ ■ ■ .. C -S ■ .- • 0 q ■ ■ :• .72 ■ ■ • > ■ ■ . •v.s.• RI . S.. , ■ ■ 4..) . . . i• ■ ■ ■ ■ i ...4 , , .... ■ in '41 '...) . . ■ S. ,,, ■ ■ • -,;.0- . 0 ■ Ar' •••1 4 .44 ..., $. ,.., 0 .— ....., , tr., tz,! ."..., I. a a-, a C , <0 0 ,... ..t y ... 0 — . ,-- < 41 , . .. --•- .- - ., ab •• ../ 11 ' , ,-..,..: a Z —1■...-- U) „ . ...I . • 15 , P7—TTOZ , • 2011-41 EXHIBIT`B" LEGAL DESCRIPTION OF RESTRICTED PORTION This property is conveyed subject to the restriction that the portion of property described below, may only be used for the construction, maintenance and operation of a roadway (which will include all ancillary uses, such as utility easements, slopes and setbacks). All that certain real property located in the County of San Bernardino, more particularly described as below and as depicted on Exhibit`B-1" A PORTION OF LOT 15 OF MEYERS AND BARCLAY SUBDIVISION, AS SHOWN BY MAP ON FILE IN BOOK 2, PAGE 32 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 15, THENCE ALONG THE EASTERLY LINE OF SAID LOT 15, SOUTH 27°15'00" WEST, A DISTANCE OF 288.18 FEET; THENCE SOUTH 82°09'53"WEST A DISTANCE OF 179.13 FEET; THENCE SOUTH 33°07'56"WEST, A DISTANCE OF 150.20 FEET TO A POINT ON A LINE WHICH IS PERPENDICULAR TO THE EASTERLY LINE OF SAID LOT 15, A POINT OF INTERSECTION, OF THE EASTERLY PROLONGATION OF SAID PERPENDICULAR LINE TO THE EASTERLY LINE OF SAID LOT 15 BEING SOUTH 27°15'00" WEST, A DISTANCE OF 540.00 FEET FROM THE NORTHEAST CORNER OF SAID LOT 15; THENCE NORTH 62°56'38"WEST, A DISTANCE OF 91.19 FEET; THENCE NORTH 24°23'29"EAST, A DISTANCE OF 144.48 FEET; THENCE NORTH 31°07'03"EAST A DISTANCE OF 309.63 FEET; THENCE NORTH 58°13'05" EAST A DISTANCE OF 107.55 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 15; THENCE ALONG SAID NORTHERLY LINE, SOUTH 61°19'37" EAST A DISTANCE OF 184.21 FEET; TO THE TRUE POINT OF BEGINNING. CONTAINING 2.36 ACRES, MORE OR LESS. EXHIBIT "B-1" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. EXHIBIT"B" M°81-012-511899 1 !Willi--1:10-Mint 4411135 JAHIHXI 11 . � I w , R , o f \ f ) N y1 y LU � y�1 S 0 t 1, O ' 'tj�� _ { 3 N �V wry.. , ' , \ t Yr. 4 Q y. U Q LI.0 i• ItSr1 ' O 000 \ \`` , l ` ei: 2 • 4� �� , • ys�Q a Z I Ll ' \ , h T Li.W Q Ca / w 4- � ' /' a w 4 �4� cal ' ��/ �/ % - °ca J ��� �� 7 / ^ � N 2 4 8e i ly Q, w NI 4 ` L CC V-1-1 u7 e ® � � O ` vii■I- , - U --� Li) + w x �, 3 m tD I �I N , s zQ h ^pi I ti a 1 . w F-- m +k� v 1 v,J.-.0m 4.r , ', Q w o co �a 2� + W�m.,-- 5� �w VI a r&D 0 0 W� . , w v m 103rn 0 v+in u7.--0 m c F tti UwwdW I . . . . ,<.,oe F o Q� t aa.azce c., , com0.—O,—cci - 0 al Z �q +, w 1 N,P--inCo0) - U-)' ' 0) cr.Z _ � J 1 2 Q w x I- c�alD ` ' w O Q a� �, 6 I w+r] w�0r �+ +` -J w www3ww3ww N N °' ti a m© N rl < 1 a l i s 2 i a a a 6 ° Z 2tr0 1 co ' Z OMtOmMU)P 0C+ �I ms.NNi Q XQify�•.- t5 , O 01$)inM00rn0N r- O4 . 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