HomeMy WebLinkAbout16-Public Works ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Nadeem Majaj, Director Subject: Public Hearing 4:00 p.m. — Resolution
authorizing the Execution of a Purchase and Sale
Dept: Public Works Agreement and Grant Deed for a portion of City
Water Department property generally located
Date: January 20, 2011 northeasterly of Meyers Road and west of Martin
Ranch Road.
File: 15.05-274
MCC Date: February 22, 2011
Synopsis of Previous Council Action:
10/18/2010 - Motion approved to continue this matter to November 15, 2010.
11/15/2010 - Motion approved to continue this matter to December 6, 2010.
12/06/2010 - Motion approved to continue this matter to January 24, 2011.
01/24/2011 - Adopted Resolution No. 2011-17 declaring property surplus, establishing the fair
market value and setting a public hearing for City Water Department owned
property, generally located northeasterly of Meyers Road and west of Martin Ranch
Road.
Recommended Motion:
1. That the Public Hearing relative to the sale of City Water Department property generally
located northeasterly of Meyers Road and west of Martin Ranch Road, be closed.
AND
2. Adopt Resolution.
Nad m Maim
Concur: �oC�
S6acey R. Aldstadt
Contact Person: Ryan Sandoval Phone: 5226
Supporting data attached: Staff Report,Maps, Reso,
Agreement, &Grant Deed Ward(s): 5
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)N/A
Acct. Description: N/A
Finance:
Council Notes:
Agenda Item No. /y
0-X;L -ao t I
1
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Public Hearing 4:00 p.m. — Resolution authorizing the Execution of a Purchase and Sale
Agreement and Grant Deed for a portion of City Water Department property generally located
northeasterly of Meyers Road and west of Martin Ranch Road.
Background:
On April 22, 2010, the City of San Bernardino Municipal Water Department Board of Water
Commissioners ("Board"), declared 5.1 acres of Water Department property as surplus property,
generally located northeasterly of Meyers Road, and being a portion of APN 0348-101-76. The
City acquired the site through a Grant Deed from Frank & Barbara Tostado, and Sant/Tostado
#1, a general partnership, for the amount of$30,000 in May 1983, for the future construction of a
water storage reservoir. The Grant Deed has no reservations or restrictions on the sale of the land
or any portion of the land.
The site is currently vacant and is located in the foothills of the San Bernardino mountains. Due
to the natural hilly terrain, there is a large slope along the southwesterly portion of the property,
and vehicle access to the property is limited. The property is 5.1 acres and consists of
approximately 222,160 square feet of sloping land, and is shown more specifically on the
attached maps. Water Department ("Department") staff and a consultant completed the Master
Plan in 2007 and concluded that this parcel is not necessary for a future reservoir as an
alternative site has been identified to meet the 4.0 million gallon water storage requirement.
Montecito Equities, Ltd. is planning a proposed residential development (Spring Trails —Tract
Map No. 15576) easterly of this City owned parcel. Montecito Equities approached the Water
Department to purchase the subject property, which will allow it to be used for a portion of the
proposed development's secondary access.
A summary appraisal was completed by Inland Empire Consultants, Inc, on behalf of Montecito
Equities on March 10, 2010, indicating the estimated market value to be $22,000, based on the
terrain and limited access. Section 2.65.030 of the San Bernardino City Municipal Code allows
the sale of property valued under $25,000 to be sold by negotiated purchase, so long as the sales
price is not less than the fair market value.
Since this property has continually been vacant and is of no use to the Department, the Board
recommends that the City declare the property as surplus and sell it to Montecito Equities, Ltd.
for $22,000, with the condition that a portion of the property will be subject to a deed restriction
that indicates such portion may only be used for the construction and maintenance of a roadway.
At the Council meetings held on 10/18/2010, 11/15/2010, and 01/24/2011, several neighborhood
residents came forward objecting that the appraisal prepared by Inland Empire Consultants, Inc.
was too low. To address the concerns raised by residents, the Department referred the appraisal
2
to Jim Smothers, a certified general appraiser of Smothers Appraisal, to conduct a desk review.
Mr. Smothers concluded that the appraisal was adequately researched, analyzed and reported.
On January 24, 2011, Resolution No. 2011-17 was adopted, declaring the property surplus,
establishing the appraised value of$22,000 as the fair market value, and set a public hearing for
February 22, 2011, relative to the proposed sale. In conformance with the City Charter, Section
164, the City will receive 10% of all Water Department revenues. The Water Department's net
revenue from the sale will be $22,000, as all escrow fees will be paid by the buyer. The attached
resolution authorizes the execution of a Purchase and Sale Agreement and the execution of a
Grant Deed to Montecito Equities, Ltd.
Financial Impact:
The City of San Bernardino Municipal Water Department will receive $19,800 and the City will
receive $2,200 (10%) in conformance with the City Charter from the property sale.
Recommendation:
Staff recommends that the public hearing be closed and the attached resolution be adopted.
Attachments:
- Vicinity Map
- Plat Map
- Resolution
- Purchase and Sale Agreement
- Grant Deed
3
LOCATION OF
- PROPOSED SALE OF
CITY OWNED
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PUBLIC WORKS DEPARTMENT PROPOSED SALE OF CITY OWNED PROPERTY(WATER
REAL PROPERTY SECTION DEPARTMENT USE)GENERALLY LOCATED
UnBerm un NORTHEASTERLY OF MYERS ROAD AND WEST OF
MARTIN RANCH ROAD, IN THE CITY OF SAN
Indicates un-incorporated areas within City's BERNARDINO.
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Created by: Ryan Sandoval Date: 09/15/2010
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. (COPY
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND
3 AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT AND
THE EXECUTION OF A GRANT DEED FOR THE SALE OF CITY OF SAN
4 BERNARDINO MUNICIPAL WATER DEPARTMENT OWNED PARCEL OF REAL
PROPERTY GENERALLY LOCATED NORTHEASTERLY OF MEYERS ROAD AND
5 WEST OF MARTIN RANCH ROAD IN THE CITY OF SAN BERNARDINO TO
6 MONTECITO EQUITIES, LTD.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
8
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 Purchase and Sale Agreement with Montecito
11 Equities, Ltd., a copy of which is attached hereto as Exhibit "I", for the sale of certain City of
12 San Bernardino Municipal Water Department owned parcel of land, generally located
13
northeasterly of Meyers Road and west of Martin Ranch Road, in the City of San Bernardino,
14
15 State of California, known as Assessor's Parcel No. 0348-101-76, and more fully described in
16 said Purchase and Sale Agreement; and
17 SECTION 2. That the Mayor of the City of San Bernardino is hereby directed and
18 authorized to execute on behalf of the City, a Grant Deed, a copy of which is attached hereto as
19
Exhibit "T', for said parcel of land, and more fully described in Exhibit "A" of said Grant Deed,
20
21 attached hereto and made a part hereof,
22 SECTION 3. The authorization to execute the above-referenced Agreement is rescinded
23 if the parties fail to execute the Agreement within ninety(90) days of the date of adoption of this
24 Resolution.
25
2s � r
27
1 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE
EXECUTION OF A PURCHASE AND SALE AGREEMENT AND THE EXECUTION OF A GRANT
2 DEED FOR THE SALE OF CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT
OWNED PARCEL OF REAL PROPERTY GENERALLY LOCATED NORTHEASTERLY OF MEYERS
3 ROAD AND WEST OF MARTIN RANCH ROAD IN THE CITY OF SAN BERNARDINO TO
MONTECITO EQUITIES,LTD.
4
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof
7
held on the day of , 20 , by the following vote, to wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
10
MARQUEZ
11
VACANT
12
13 BRINKER
14 SHORETT
15 KELLEY
16 JOHNSON
17
MCCAMMACK
18
19
20 City Clerk
21
22 The foregoing resolution is hereby approved this day of , 20
23
24 PATRICK J. MORRIS, Mayor
25 City of San Bernardino
Approved as to Form:
26
27 -
28 J ES F. PENMAN, City Attorney
1 PURCHASE AND SALE AGREEMENT CCPY
AND JOINT ESCROW INSTRUCTIONS
This Purchase and Sale Agreement and Joint Escrow Instructions ("Agreement") is dated
as of this day 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
I tL 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).
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Water District Purchase Agreement(0348-101-76)002
M681-012--511899.1
EXHIBIT "I"
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
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M681-012--511899.1
(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 TARTIES 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
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Water District Purchase Agreement(0348-101-76)002
M681-012--5118991
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 CITY
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
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M681-012-.511899.1
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/ForumNenue. 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.
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i
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
I 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
.
C013Y y'0 JL B B
Y•
Y•
Thomas Wilkinson Charles E. McNeely
Its: General Partner Its: City Manager
Date: Date:
Approved As To Form:
0 13 C v
James F. Penman, City Attorney
1
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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:
a
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.
I
EXHIBIT"A"
M681-012--511899.1
I
EXHIBIT "A-1"
DEPICTION OF PROPERTY
EXHIBIT"A"
M681-012--51 1899.1
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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 82 009'53"WEST A DISTANCE OF 179.13 FEET;
THENCE SOUTH 33 007'56" 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 27 015'00" WEST, A DISTANCE OF 540.00 FEET FROM THE NORTHEAST
CORNER OF SAID LOT 15;
THENCE NORTH 62 056'38"WEST, A DISTANCE OF 91.19 FEET;
THENCE NORTH 24 023'29" EAST, A DISTANCE OF 144.48 FEET;
THENCE NORTH 31'07'03" EAST A DISTANCE OF 309.63 FEET;
THENCE NORTH 58 013'05" EAST A DISTANCE OF 107.55 FEET TO A POINT ON
THE NORTHERLY LINE OF SAID LOT 15;
THENCE ALONG SAID NORTHERLY LINE, SOUTH 61 019'37" 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"
M681-012--511899 1
9
i
EXHIBIT 6611-1"
I
DEPICTION OF RESTRICTED AREA
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EXHIBIT "B-1"
M681-012--511899A
REQUESTED BY AND
WHEN RECORDED MAIL TO:
Y OF SAN BERNARDINO
Y CLERK
300 N."D"STREET
SAN BERNARDINO,CA 92415
APN: 0348-101-76
SPACE ABOVE FOR RECORDER'S USE
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN
BERNARDINO, a municipal corporation, hereby GRANT(S) to MONTECITO EQUITIES, LTD., a California
limited partnership,the following real property located in the City of San Bernardino, County of San Bernardino, State
of California, described as follows:
LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A",
AND IS CONVEYED SUBJECT TO THE RESTRICTION AS DESCRIBED IN THE LEGAL
DESCRIPTION OF RESTRICTED PORTION ATTACHED AS EXHIBIT "B"AND
DEPICTED ON EXHIBIT "B-1"
CITY OF SAN BERNARDINO
DATE: By: EXHIBIT COPY
PATRICK J.MORRIS,Mayor
ACKNOWLEDGEMENT OF GRANTOR(S):
STATE OF CALIFORNIA
COUNTY OF ) S.S.
On before me, ,Notary
Public,personally appeared
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 his/her/their signature(s)on the
instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct.
WITNESS my hand and official seal. SEAL:
Signature
EXHIBIT "2"
File No.: 15.05-274—Northeasterly of Meyers Rd,w/of Martin Ranch Rd.
i
EXHIBIT"A"
LEGAL DESCRIPTION OF PROPERTY
All that certain real property located in the County of San Bernardino, more particularly
described as follows,
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.
virnni_. s;;vwl .
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 27 015'00"
WEST, A DISTANCE OF 288.18 FEET;
THENCE SOUTH 82009'53"WEST A DISTANCE OF 179.13 FEET;
THENCE SOUTH 33007'56" 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
I POINT OF INTERSECTION, OF THE EASTERLY PROLONGATION OF SAID
PERPENDICULAR LINE TO THE EASTERLY LINE OF SAID LOT 15 BEING
SOUTH 27 015'00" WEST, A DISTANCE OF 540.00 FEET FROM THE NORTHEAST
CORNER OF SAID LOT 15;
THENCE NORTH 62056'38"WEST, A DISTANCE OF 91.19 FEET;
THENCE NORTH 24023'29" EAST, A DISTANCE OF 144.48 FEET;
THENCE NORTH 31°07'03" EAST A DISTANCE OF 309.63 FEET;
THENCE NORTH 58 013'05" EAST A DISTANCE OF 107.55 FEET TO A POINT ON
THE NORTHERLY LINE OF SAID LOT 15;
THENCE ALONG SAID NORTHERLY LINE, SOUTH 61019'37" 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.
e
EXHIBIT"B"
M681-012--511899.1
EXHIBIT "B-1"
DEPICTION OF RESTRICTED AREA
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2010-41
REQUESTED BY AND
WHEN RECORDED MAIL TO: C� (DFIIY
CITY OF SAN BERNARDINO
CITY CLERK
300 N."D" STREET
SAN BERNARDINO,CA 92415
APN: 0348-101-76
SPACE ABOVE FOR RECORDER'S USE
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN
BERNARDINO, a municipal corporation, hereby GRANT(S) to MONTECITO EQUITIES, LTD., a California
limited partnership, the following real property located in the City of San Bernardino, County of San Bernardino, State
of California, described as follows:
LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A",
AND IS CONVEYED SUBJECT TO THE RESTRICTION AS DESCRIBED IN THE LEGAL
DESCRIPTION OF RESTRICTED PORTION ATTACHED AS EXHIBIT "WAND
DEPICTED ON EXHIBIT 6613-1"
CITY OF SAN BERNARDINO
DATE: By:
PATRICK J.MORRIS,Mayor
ACKNOWLEDGEMENT OF GRANTOR(S):
STATE OF CALIFORNIA
COUNTY OF } S.S.
On before me, ,Notary
Public,personally appeared
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 his/her/their signature(s)on the
instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct.
WITNESS my hand and official seal. SEAL:
Signature
File No.: 15.05-274—Northeasterly of Meyers Rd,w/of Martin Ranch Rd.
2010-41
EXHIBIT"A"
LEGAL DESCRIPTION OF PROPERTY
All that certain real property located in the County of San Bernardino, more particularly
described as follows,
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.
2010-41
i
i
'i
3
9
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
I 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 82009'53"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 27 015'00" WEST, A DISTANCE OF 540.00 FEET FROM THE NORTHEAST
CORNER OF SAID LOT 15;
THENCE NORTH 62056'38"WEST, A DISTANCE OF 91.19 FEET;
THENCE NORTH 24023'29" EAST, A DISTANCE OF 144.48 FEET;
THENCE NORTH 31007'03" EAST A DISTANCE OF 309.63 FEET;
THENCE NORTH 58 013'05" EAST A DISTANCE OF 107.55 FEET TO A POINT ON
THE NORTHERLY LINE OF SAID LOT 15;
THENCE ALONG SAID NORTHERLY LINE, SOUTH 61019'37" 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"
M681-012--511899.1
2010-41
EXHIBIT 66B-1"
DEPICTION OF RESTRICTED AREA
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EXHIBIT"B-1"
M681-012--511899.1