HomeMy WebLinkAbout1982-3461
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RESOLUTION NO. 82-346
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
RATIFICATION AND EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH
TRADELANDS, INC., RELATING TO THE ANNEXATION OF A CERTAIN PORTION
OF PROPERTY TO THE CITY OF SAN BERNARDINO AND THE FILING OF A
NOTICE OF EXEMPTION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The execution by the Mayor of the City of San
Bernardino on behalf of said City of a Memorandum of Understanding
with Tradelands, Inc., relating to the annexation of a certain
portion of property to the City of San Bernardino, a copy of
which is attached hereto, marked Exhibit "I" and incorporated
herein by reference as fully as though set forth at length, and
the filing of a notice of exemption on July 23, 1982, are hereby
ratified.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular meeting thereof, held on
the 16th day of August , 1982, by the following
vote, to wit:
AYE S:
NAYS:
ABSENT:
Council Members Castaned.a, Peilly, Hernandez,
Ouiel, Strickler
None
Council '[ember Hobbs
City Clerk
The
The foregoing resolution is hereby approved thisjday
of August , 1982.
Approved as to form: Wyul' Q tKeIOZ`Yty of San-'Sernardino
City A orn y
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MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("Memorandum") is made and
(entered into by the CITY OF SAN BERNARDINO ("City"), a municipal
corporation, and TRADELANDS, INC. ("Tradelands"), a California
corporation, as of the 19th day of July , 1982, for
the purpose of expressing their present agreements, understandings
and intentions with respect to the "Entire Property", as that term
is defined below. This Memorandum is made and entered into in
consideration of the mutual covenants and in reliance upon the
various representations and warranties contained herein. The
parties acknowledge that, in reliance on the agreements,
representations and warranties contained herein, Tradelands will
take certain actions, including making substantial investments,
relative to the Entire Property and development thereof.
1. Tradelands is the owner of that certain real property
("Entire Property") which is located in the County of San
3ernardino ("County") and which is more particularly shown on that
nap which is attached hereto as Exhibit "A" and incorporated
herein by this reference. The legal description for the Entire
Property is attached hereto as Exhibit "B" and is incorporated
herein by this reference. The City proposes to annex (pursuant to
LAFC 2030A) that portion of the Entire Property which is
identified as the "Annexation Property" on Exhibit "A"
("Annexation Property"). The correct legal description of the
Annexation Property is attached hereto as Exhibit "C" and
incorporated herein by this reference. That portion of the Entire
Property which is not contained within the Annexation Property
shall hereinafter be referred to as the "Adjacent
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2. The City understands that Tradelands presently intends to
initially utilize almost all of the Entire Property, together with',
any real property adjacent thereto which Tradelands may from time
to time acquire or lease, for the surface mining of sand, rock and
gravel, the processing of that aggregate, the operation of
concrete casting yards, the operation of plants for the production
of ready -mix concrete and asphalt paving and related uses
(collectively "Uses"). The Uses are also generally described on
that certain memorandum from Mr. C. Ray Bass, dated December 9,
1981, a copy of which is attached hereto as Exhibit "D" and
incorporated herein by this reference. The presently proposed
geographical configuration of the Uses, which may be subject to
change, are shown in general on the map which is attached hereto
as Exhibit "E" and incorporated herein by this reference.
3. The City intends to annex the Annexation Property
rsuant to Resolution No. 1765, dated August 13, 1981, of the
17 Local Agency Formation Commission of San Bernardino County
18 ("LAFCO"). Further, the City has obtained LAFCO's approval to the
19expansion of the City's sphere of influence to include the
20 Adjacent Property so that the City's sphere of influence
21 (encompasses the Entire Property.
22 4. Tradelands intends to take all steps which are necessary
23 and/or helpful in obtaining all permits or other governmental
24 entitlements which may be required as a condition to establishing
25 the Uses and to development of the Entire Property.
26 5. It is the intent of the parties to this Memorandum that
27 all acts referred to herein (including the adoption by resolution
28 f this Memorandum and the enactment and implementation of the
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Development Agreement, as that term is defined below) shall be
accomplished in such a way as to fully comply with all applicable
laws, including, but not limited to, the California Environmental
Quality Act, the California Surface Mining and Reclamation Act,
Section 65864 of the California Government Code, the San
Bernardino Municipal Code and the Charter of the City.
6. The City agrees that, as is permitted by the California
Surface Mining and Reclamation Act, the County shall act, until
such time as the Entire Property may be annexed into the City, as
the "Lead Agency" for the purpose of evaluating and approving the
Uses subject to said Act and establishing the conditions and
issuing the permits pursuant to which such Uses will be conducted.
Tradelands will devise, for approval by the County, a surface
mining and reclamation plan or plans which will satisfy all
applicable governmental requirements and which will be consistent
th the Uses which Tradelands intends to develop. The parties
agree that the City, in the event it becomes the Lead Agency, will
recognize as valid and binding, and shall not materially modify,
any finding made or permit issued by the County while it was
acting as the Lead Agency.
7. The City hereby finds that the Uses to be developed are
consistent with the General Plan and zoning of the County, which
currently affects the Entire Property, and the General Plan of the
City as it will exist following the annexation of the Annexation
Property. Further, the City finds that the proposed Uses are
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permitted
by "M-2"
zoning,
as that term is
defined by the City's
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Municipal
Code
and
to which
the Annexation
Property has been
28 11prezoned.
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8. The City agrees to cooperate with Tradelands, at no cost
to the City, in obtaining all necessary and/or helpful permits or
other governmental entitlements which Tradelands may deem
necessary and/or helpful in connection with the Uses. Such
cooperation and assistance shall include, but not be limited to,
holding all necessary hearings, giving all necessary notices,
making recommendations to, consulting with, and appearing before
concerned governmental agencies or entities. Tradelands will
reimburse City for costs and expenses incurred for services
furnished which are not incident to ordinary City procedures or
included in adopted fee schedules.
9. The City will execute an agreement with the Community
Development Commission (Redevelopment Agency) of the City of San
Bernardino which will be consistent with or a part of the
Development Agreement entered into between the City and Tradelands
pursuant to this Memorandum.
10. The Planning Director of the City has recommended that
the City enter into a contract, (the "Development Agreement"),with
Tradelands relative to the Entire Property. Following the holding
of all required hearings and the giving of all required notices,
and provided that all requisite findings have been made, the
Development Agreement shall be enacted as is permitted by Article
2.5 of Chapter 4 of Title 5 of the California Government Code
(Sections 65864, et seq.) as an ordinance of the City. The
Development Agreement will be consistent with the Uses as
described in this Memorandum. The Planning Director for the City
has recommended that the Development Agreement contain a provision
that any permit issued by the City for any of the Uses to be
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conducted shall be consistent with any permit then in effect issuee
by the County and shall be valid for at least eight years without
the actual commencement of that particular activity. Provisions
in the Development Agreement which relate to further extensions of
the permit period will be mutually agreed to by the parties to
this Memorandum.
11. The City finds that the Uses proposed are in accordance
with the City's resources management policies and that it is more
important to the region than alternative land uses. Further, the
City recognizes that the protection of significant mineral
deposits such as are located on the Entire Property from
incompatible premature development is a matter of statewide
concern. Based on the recommendation of its Planning Director,
the City concludes that the Entire Property constitutes an "area
of regional significance" as that term is defined in Section 2726
of the California Public Resources Code and hereby recommends that
the Entire Property be so designated. Tradelands agrees to
provide the City with all copies of maps, reports or other
information which the City is required to furnish to any third
party to document the determination that the Entire Property be
designated an area of regional significance.
12. The City agrees that, until such time as the Development
Agreement has been enacted as an ordinance of the City, it will
not annex all or any portion of the Adjacent Property. In
addition, Tradelands agrees that, provided the Development
Agreement has been enacted as an ordinance and the time for
referendum has expired, it will not oppose the annexation of the
Adjacent Property by the City and will waive its rights under
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Section 860 of the California Code of Civil Procedure to challenge
Resolution No. 1765 of LAFCO. In the event the City has not, for
any reason, enacted the Development Agreement by ordinance by
October 19, 1982, the parties agree that Tradelands may seek to
detach the Annexation Property from the City, which shall not
oppose the detachment. In the event Tradelands intends to
exercise that right, it shall give notice of its intent by not
later than November 19, 1982.
13. The City shall promptly forward to Tradelands, at the
addresses specified below, copies of all notices which it gives or
which it receives from any governmental agency or party interested
in a governmental proceeding which relate to the Entire Property
or any portion thereof or any development thereon. In addition,
in the event any understanding or intention of the City which is
described herein ceases to be accurate, the City shall give prompt
written notice of that fact to Tradelands. All notices or other
communications required or permitted hereunder shall be in writing
and shall be personally delivered or sent by registered or
certified mail, postage prepaid, return receipt requested, at the
following addresses:
To City: City of San Bernardino
300 North "D" Street
Room 331-E, City Hall
San Bernardino, CA 92418
Attn: Frank A. Schuma
With a City Attorney
Copy To: City of San Bernardino
300 North "D" Street
Room 668
San Bernardino, CA 92418
Attn: Ralph H. Prince, Esq. -
MM
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To Tradelands: Tradelands, Inc.
c/o Mr. David P. Tsoneff
800 Wilshire Boulevard
Suite 1300
Los Angeles, CA 90017
With a Allen, Matkins, Leck, Gamble
Copy to: & Mallory
707 Wilshire Boulevard
Suite 5400
Los Angeles, CA 90017
Attn: O'Malley M. Miller, Esq.
Unless sooner received, notice shall be deemed given seventy-two
hours following deposit in the United States mail. Notice of
change of address shall be given by written notice in the manner
specified in this paragraph.
14. This Memorandum shall be binding upon and shall inure to
the benefit of the successors and assigns of the parties hereto.
The parties understand and agree that neither this Memorandum nor
the Development Agreement is intended to constitute, nor shall it
be construed to constitute, an impermissible attempt to contract
away the legislative and governmental functions of the City and,
lin particular, the City's police powers. In this connection, the
parties understand and agree that neither this Memorandum nor the
Development Agreement shall be deemed to constitute the surrender
or abnegation of the City's governmental powers over the
Annexation Property or, if applicable, the Adjacent Property.
Notwithstanding the foregoing, in the event any provision of this
Memorandum is found to be unenforceable, void or voidable, the
parties hereto agree that the remaining provisions shall remain in
full force and effect. The parties to this Memorandum understand
that various public hearings must be held and notice requirements
must be complied with as a condition to the enactment of the
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evelopment Agreement or Tradelands° receipt of permits or other
ntitlements in order to permit the Uses contemplated in the
evelopment. Consequently, the parties agree that, in the event
11 or anV portion of this ".e.-;or_andum is found to be
nenforceable, this Memorandum (or that portion which is found to
e unenforceable) shall be deemed to be merely a statement of
ntention by the parties and the parties further agree that in
uch event they shall tape all steps necessary to comply o7ith such
ublic hearing and/or notice requirements in order to render this
emorandum (or portion hereof) valid.
IN WITNESS WHEREOF, the parties hereto have executed this
randum as of the day and year first above written.
TTEST;
y tier
_roved as to form:
1�ity ivttor_ney
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CITY OF SAN BERNARDINO, a
municipal corporation
B�f.,
Mayor
TRADELANDS, INC., a
California corporation
By -t
Its
l� ---
By��"
ti r
Its
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EXHIBIT
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•
PARCEL NO. 1:
ALL THAT PORTION OF LCAT 3', RANCHO PILI CLIPIASE: IN THE COUNTY OF SAN CYJ
EER NAR D I NO : STATE OF CALIFORNIA: AS FEF. PIA? RECORDED Iil BOOK 7.s FAGS
*13 OF !TAPS: IN THE OFFICE OF THE., COUNTY RE CORDER OF SAID COUN t Y.. �
BEItIG A PORTION OF OF SECTIONS 11: Iv': 1..3 PhD 1Y: TOWNSHIP -1 NORTH, co
RANGZ: 5 WEST: SAN BERNARDISO MERIDIAN: ACCORDING TO THE OFFICIAL CA:)
FLAT TN.ERc+?F: IF SAID SECTION LINE; WERE E,�TENDED ACROSS SAID LAND: �
DESCRIDED P- FOLLOWS:
COMPIENCTHC AT THE POINT OF INTERSECT ION OF T H S;OU T HNESTEF,L Y RICHT
OF WAY LINE OF CAJUN HIGHWAY: KNOWN 9,3 U.S. HI+_HNPY 6h • 911 FEET WICt=,
GII T H _":4=- NORTHERLY LINE OF THAT CERTAIN P A. CEL C OiAJc i'cD TO FARPI N0f9E5
CORPORATION FY DEED F.E'CC�RD=D OCTOBER. 1; : 193Y IN E-001: 1011 PAGE 1,?
OFF1•C:IAL RECORDS OF SAID COUNTY. THENCE NCS.-^.T,-'!J_FTcr^.L S' ALONG THE SO THWE_': TEE'L
LINE OF CAJON HIGHWAY A DISTANCE OF .2'5O FEET TO - THE TRUE POINT OF
fE�Glfyt7lNG: THENCE CONTINUING 14►?RTHIJE:'TEF.Li' ALONG SAID SOUThl EtiTERL`i'
L IN. OF CAJON HI GHNAV A DISTANCE OF 652c FEET; THENCE SOLITHME ti T ER ► t,
ALON"._: A L INE' AT RIGHT ANGLES TO THE SOUTr,'ty' STFRL ;' LIME OF CAJON HI GHWAY .
-TO 17-0" POINT OF INTERSECTION NI T H THE EAST=;'LY LINE OF THAT CERTAIN
Pn CCF=, T i'' CONVEYED TO THE COUNT" OF :SN;:' B:7' 4;:�RD I NO F,' DEED F 'ECO r'DEL1
JUL'.ic.�., IN _C10K 226-3rA+IE 13�• Or OFFrC.IQL F.ECOrDS OF �•A1Ci Z.t�LIN;Y:
THE NCE SOUTHER L ;' ALONG THE Er�S TE PL' rC1! lrID UF' Y OF THE SAID L AND CONUc `1'E D
TO SAt1 FE r, RD I y �, �L� T e E r ,- , " E
N.rJ C .•C NT1' TL I T.• 11Y + R":E C: T CII wrTH 1 hr N R7-HERL p LINA
OF Tnc AF►?R=; ori �% r^t?RC,EL COi�ift;'E�� TO :'NI1D r=�ri� HOMES CORP0 RAT 1014:
OR _TN= PROLONGATION THEREOF; T HENCE E A'e T:::'RL ' AL OS ':E.AID NUTNERL I
N_ OF Tn� AI rAF.'E CN.(. ; 1 F . ,l N I�iL_ C+?rcr+7r..ATION, T�� THE
POINT OF 7 TER�:LCTIOti WITH A LING DR414H 1 T RICHT AN►1LE5 TO THE SSU ,TERLS-
C r h b1E
LIN_ OF CAJ;?N HI GHNAY FROM THE ABOUED= �� L r,' s = r? Tr UE POINT OF R_ t: It•!t-IIiY+=:
THENCE NOr THEASTERLY ALONG SAID LAST tIENTIONEL LINE TO THE TRUE POINT
OF E:EGINNI NG .
EXCEPT THAT PORTION THEREOF INCLLIDE2 WITHIN TNF PARCELS OF LAND DESCRIEED
IN THE DECLARATION OF TAKING 3Y THE LINT TED STATES OF AMERICA RECORDED
JUS ?, 1947 IN F00K 2051, FACIE •fir O OFF IC IAL RECORD, OF SAID COUNTY.
ALSO E:ICEPT THEREFROM THAT PORTION CONVEYED TO THE SOUTHERN PACIFIC
C+?M-r�t`')A FS' L�=EJ RECO��DED �ILWE` 1. 1 a7r• IN _+�C?k' C: -f FACIE Ya OFFICIAL
RE!'ORD:= OF SAID COUNTY.
AL cn E :CETT Th'cREFROM THAT PORTION CONUES'ED TO THE SOUTH;:' ter' PACIFIC
Cor, 9W)'. FY DEED RECORDED 01- TO -1 13. 1 _�6:' IN E'001: e»aO FACI; �'C�3.
OFFICIAL RECORDS,. OF SAID COUNTY AND C5' DEED F.ECOrri'DEC JULY S, 1_966
.IN BOOK 6C53 FACE 336 OFFICIAL OF :;n In COUNTY.
ALSO E:,C_PT THAT PORTION TN_;.FOF LYING WI HIt? A STRIP OF LAND 200
FEET WIDE DE SCRIcED IN JUD+=EtiENT AND FINAL ORDER OF CONDEMNATION.,
RECORD -::'D Dr CEI^c_rd 1-917 '2 IN BOOK PAGE 46: OFFICIAL rn._-CORD3.
ALSO EXCEPT THAT PORTION THEREOF DESCRIS'ED AS PARCEL NOS. 1, 2 AND
7.9 O 563
EXHIBIT B
3 'IN THE L,EED TO SAN G'ASF,IEL VALLEY MUNICIPAL IJATER DISTRICT: RECORDED
FEBRUARY 7. 1?73 IN DLII?f. S116 PAG 95S OFFICIAL RECD?rP_S.
SAID .LAND IS ALSO THAT CERTAIN LAND SHOWN 014 MAP PECORPEn IN DOOK
42 PAGE SS OF RECORD"3 Or SURVEYS: RECORDS OF SAID COUNTY.
PARCEL NO. 2
ALL THAT PORTION OF LOT 37, RANCHO MUSCUPI APE : IN THE COLINT i' OF 011,114
PERNAR^PINK: STATE OF CALIFORNIA: ACCORDING TO THE MRP RECOi:PED IN
POOH 7: PAGE SS OF MAPS: IN THE OFFICE OF THE COUNT -' REMRDER OF
SAID COUNTY: BEING A PORTION OF SECTIONS 3: 10 P140 11: TOWNSHIP
1 NORTH: RANGE 5 NEST.- SAN FER HARD I NO P1ERI DI AN: RL=C'OR P jNG TO THE
0r7FI CI AL FLAT THEREOF: IF SAID SECTION LINES .WERE EXTENDED ACROSS
SAID LAND: DESCRISEP AS FOLLOWS= GO
COMMENCING AT THE P0114T OF INTERSECTION OF THE SOLITHWE-Si ERLI' EINE
OF TH= CAJON HIGHWAY: ALSO K1,101414 Al" UNITED STATE"' HIGNI.IAY 1,401. ha"
i ?:P FEET IN W I DTH ? WITH THE SOLITHEr'L Y LINE OF THE MEYER AND BARCLAY
SLIc DI1,!I SI GN: AS r _r, iiAP -E r.
I N BO►Of: 1:? OF MAPS: FAZE 1 S: RE L`LZRDS
OF :AID COUNTY. THEM.=E SOUTH PEG- EES 01-- M11HUTES ?5 SECONDS EAST co
ALONG T; -1,E S�AIit�SOLITr.'l1ESTEr,Li' LINE 0 SAID CAJON HIG;;WAY A DISTArsrE �
OF :'P►?. 93 FEET TO AN ANGLE' POINT T HEREON: ; HENCE S•OLITH 5i, PEG,EES
IS MINUTF-1 40 SECONDS EAST ALONG THE AFORI SAID SOUTHWESTERLY LII"Y'E
OF SAID CM -1 -ION HI GHN9' . A DISTANCE OF 344°9. S0 FEET TO AN HNGLr F�? T 'T
THEREON; THENCE SOLI T H • : 0 DE GREE S 5S PJINL jTE S• 30 SECONDS EAST ALONG:
THE r FORESP I P SOUTHiJESTE RL Y LINE OF :SAID CAJON HIGHNA `,': A DI S T AHCE
OF ?:CYC?.55 F==T: MORE OR LESS", 1-0 A POINT THEREON FOR THE TRUE POINT
OF-PE►GIt•1NING. SAID TRUE POINT OF FEGINNINr BEING DISTPNT N0RTHt1E.=TERLY
0. 030" C 'FEET: MEASURED ALONG THE ArOr:E_ AIL'1 SCUTHwES r ERLY LINE OF AAI
,� G r V ROM 'IME HIT 1 I —r';? ' 1 i `Fin= _i, ID 'ilk r r • r,-,_ .....,.�
Crs,ION NI.�hWA� : Fr._i-r rL NT OF NT�r ECTICh F THE !-�rCr_ � ,. ilT�tl��_•ttr,L
LINE OF CAJON HIGHWAY WITH THE NIORTHEP,LY LINE OF THAT CERTAIN Pi^CEL
OF LAND :IONVE"I ED TO THE FARM HOIIE; C'ORPORATIO!4 BY DEED RECORDED IN
BOOK 1011., FACE 14 OF OFFICIAL RECORDS; THENCE FROM SAID TRUE P07147
OF FEGINtjT!4G NORTH 0 DEG?..EES 56 p; HUTES ?O SECONDS Lr'EST ALONG THE
A .; :'_AID SOU T Hy1ES TERL Y L INE OF %AID CAJON HIGH11AY ''4'40 . - 5 FEET :
PMR E OR LENS.- TO A POINT Th'E REON. SPI? f DINT B=ING DISTANT S0UT14EA:?T ii?LS'
!!:140.03 FEET.MEP.SLIRED ALONG THE AFORE-AsD SOLITHWES.TERLY LINE 0=
SAID.CAJON. N.IGN}J^1' FROM A.FORE_AIP iNTEP.SECTION OF T^E SOUT,H:JESTE„L;'
LINE OF SAID CAJON HIGHWAY WITH THE SOUTHERLY LINE OF THE SAID MEYEA
AND FARCLAY SUBDIVISION: THENCE AT RIGHT ANGLES TO THE AFLRESA1.0
SOLITHN S'T=RL Y LINE Or' SAID CAJON Y11-2MAY: SOUTH 3•9 D=GHEES 01 t?INUTE
.O SE►= OND- WEST: X35 a" FEET: THE NCE NORTH 51 DEGREE; .�4 PiItiUTES 3O
SECONDS WEST 740. 15 FEET, MIt"E On LESS: TO AN INTERSECTION MITH A
LINE IYHICN SEARS SOUTH 37 D -E RE -;3 44 MINUTES '20Sz -0H�S utEST 43-5. 6%
FEET FROM A POINT IN THE AFORESAID SOUTHIJESTERLY LIN_ OF SAID CAJON
HIGHWAY: (SAID POINT IN SAID ;OLtTY14 STEnL`,' I TIll Or'" S�=►►D CA_ION HIGHIJAY
BEING DISTANT SOUTH 4y DEGREES 0_ PiINUTES E5 SECONDS EAS T -950.513
FE_T FROM THE AFORESAID It,TE.RSECTIION OF THE SOCITN.ERL �' cOLINDAr.Y !?r
THE SAID MEYER AND Fi�RCLAY SULPIVISION WITH THE A-.0RESAID ;'OU7!4WE'_oTE"1 Y
LIN = OF SAIF'A.JCN HIGNi;fAl'?. THE14C =RUTH DEGREES 441 t•JINUTE: _�C?
,'EGOf�rS WEST TO .RN INTEF.SECT1Oh' l:i TN` THE EASTERLY E►OLItlDAR)' OF THAT
CERTA114 PARCEL OF LAND CONVEYED TO THE COUNTY OF SAN FERNARDIt,O P;'
D==� „ ,., — , E
F,EC�ORDEP IN BOO. �ati PAGE 13o• OF OFFICIAL RECORDS. Trict�tO Sl�L1TH::,,LS
s
r
ALONG THE SAID EASTERLY BOUNDARY OF THE SAID PARCEL CONVEYED TO SAN
BERNARDINO COUNTY TO A POINT WHICH BEARS SOUTH S5 DEGREES 01 MINUTE
O SECONDS WEST FROM THE TRUE POINT OF EEGINNII;G: THENCE NORTH 39
DEGREES 01 MINUTE 30 SECONDS EAST ALONG IAID LAST-MENTIONED LINE
T£1.THE TRUE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF INCLUDED WITH THE PARCEL OF LAND DESCRIBED
IN THE DECLARPTIOH OF TAKING, A CERTIFIED COPY OF WHICH WAS RECORDED
APRIL 5: 1-941" 114. BOOK 1^031, PAGE 36? OF OFFICIAL RECORDS, Ili THE
OFFICE OF THE COUNTY RECORDER OF SAID CC?UHT;'.
ALSO E:iCEPT THAT PORTION CONVEYED TO SOUTHERN PACIFIC COMPANY: BY
DEED RECORDED OCTOBER 1, 1965 IN BOCK 64S3 PAGE 6145 OFFICIAL RECORDS.
PARCEL NO. 3.
ALL THAT PORTION OF LOT 37': RANCHO MUSCLIPIABE: IN THE COUNTY OF SAN
BERNARDINO: S TATE OF CALIFORNIA: AC=CORDING TO THE P1AP RECORDED IN pco
PAGE OF MAPS, IN THE OFFICE 0r THE COUNTY RECIiROtn OF
SAID COUNTY: BEING A PORTION OF S_CTIOH'S ?
EXCEPT THAT PORTION THEREOF INCL UDE R 1JI THIN THE PARCEL OF LAND DE SCRI BED
IN THE DECLARATION OF TAKING, A CERTIF1,ED COPi' OF NHICH NAS RECORDED
APRIL S, 19= ;' IN BOOK 50171: PAGE 771 OF OFFICIAL RECORDS: IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ALSO E::CEPT THAT PORTION THEREOF CONVEYED TO THE SOUTHERN PACIFIC
,r,C?llPaNiBY DEEDS RECOFDED L�CTOCEr^. 1, 419-` IN BOOK 54'_3 PAC o45 OFFICIAL
RECORDS.- AND IN BOOL: 61 -?483 PAGE 64-9 OFFICIAL RECORD_%.
PARCEL NO. S:
THAT PORTION OF RANCHO MUSCUPIABE AND LOTS "N", "O": "P". AND "0",
IN ELOC1 IS OF A RESUEDIUISION. OF MEY;P AND BARCLAY SUBDIVISION.-
ALL
UBDIVISION.ALL IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING
TO PIAP_.' RE COP,DFD IN SNOWS 7 AND 1?: PAGES ANLL 1S: P,ESPECTIVELY ..
OF MAPS • IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED
AS A NMOL E AS FOLLONS :
COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID LOT `t?" WITH
THE SOLITHERL Y RIGHT OF WAY LINE OF THE STATE HI GHIJAY, KHONN AS U.S.
HI GN,WAY NO. 66 AS SN.OWN ON THE LICE NSELD SURVEYORS MAP, RECORDED
III BOOK S, PAGE 55 OF RECORDS OF SURVEY M THE OFFICE OF THE COUNTY
RECOP,nEP, OF SAID COUNTY, THENCE SOUTh' O? DEGREES 35 MINUTES 30 SI C.ONDS
WEST, 126.45 FEET ALONG TN.E EAST LINE OF SAID LOT "0", TO THE NORTHEAST
CORNER OF THE PARCEL OF LAND, DESCRI= ED AS "PARCEL NO. lot., IN THE
DEED TO SAN EERHARDINC NATER UTILITIES CORPORATION: RECORDED DECEMBER
1, I950. IN BOOK 2650 PAGE 563 OFFICIAL RECORD_: III THE OFFICE OF
THE COUNTY RECORDER, OF SAID COUNTY, THENCE NORTH S7 DEGREES 06 MINUTES
_30 SECONDS WEST, 115.53 FEET ALONG THE NORTH LINE OF SAID PARCEL
OF LAND TO THE TRUE POINT OF BEGINNING: THENCE Fn OM SAID TRUE POINT
OF BEGINNING, CONTINUING NORTH ST DEGREES 06 MINUTES SO SECONDS NEST,
101.47 FEET ALONG SAID NORTH LINE TO THE NORTHNEST CORNER OF SAID
7-005566
s
OF MAPS, IN THE OFFICE OF THE COUNT)' RECORDER OF SAID COUNTY, DESCRIBED
AS A AWOLE AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE Or SAID LOT "t?": 141TH
THE SOUTHERLY FIGHT OF NAY OF THE A T CHI SON: TOPEKA AND SANTA FE RAILWAY
COMPANY: THENCE SOUTH ALONG THE EAST LINE OF SAID LOT E 9 ° TO THE
SOUTHEA_ T COrRSER i riEREOF, THENCE NE S i ALONG THE SOUTH L 114E OF SAID
BLOC]'' MEYER AND BAP,GLAS' SUB1DIUISION TO ITS INTERSECTION 14ITN
THE EASTERLY 01LINDARY LINE OF THE P"Ar!'EL OF LAND CONVEYED TO THE
COUNTY OF SAN LSE NAP.DINO, BY DEED FECOT?ED JULY 1.9".15' IN BOOK
""' PACE ISS OFFICIAL RE CORDS. THENCE NORTH 22 DEGREES 0= MINUTES
Z�;5,
MEST ALONG SAID EASTERLY BOUNDARY LI14E TO A POINT IN THE NEST LINE
OF LOT "N" SAID FLOCS; 12, NHIC', IS NORTH 660 FEET FROM THE tit?UTHMEST
CORNER OF SAID LOT; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY
�
LIME, NORTH 42 DEGREES 15 117I11UTES SO SECONDS NEST, Y;','1 . S FEET TO
�.
A POINT IN THE EASTERLY LINE OF BLOCK 33:: AGUE?RbING TO MAP OF DEVORE,
' p
A:• PER MAF RECORDED IN BOOK 117: PAGES 74 ANU"SO- OF MAPS, THENCE NORTH
2C? DE1GREES O? MINUTES EAST ALONG SAID EASTERLY LINE OF BLOC]'. ��3.
'
TO ITS INTERSECTION WITH THS SOUTHERLY RI G,1, fir• _.1JA 5' LINE ATCHI SON.
•:
TOPEKA AND SANTA FE RAILWAY COMPANY: THEM=E CACITH AS TCRL Y ALONG SAID
-RIGHT OF WAY LINE TO THE POINT OF BEGINNING. —
C�
EXCEPT THAT PORTION THEREOF INCL UDE R 1JI THIN THE PARCEL OF LAND DE SCRI BED
IN THE DECLARATION OF TAKING, A CERTIF1,ED COPi' OF NHICH NAS RECORDED
APRIL S, 19= ;' IN BOOK 50171: PAGE 771 OF OFFICIAL RECORDS: IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ALSO E::CEPT THAT PORTION THEREOF CONVEYED TO THE SOUTHERN PACIFIC
,r,C?llPaNiBY DEEDS RECOFDED L�CTOCEr^. 1, 419-` IN BOOK 54'_3 PAC o45 OFFICIAL
RECORDS.- AND IN BOOL: 61 -?483 PAGE 64-9 OFFICIAL RECORD_%.
PARCEL NO. S:
THAT PORTION OF RANCHO MUSCUPIABE AND LOTS "N", "O": "P". AND "0",
IN ELOC1 IS OF A RESUEDIUISION. OF MEY;P AND BARCLAY SUBDIVISION.-
ALL
UBDIVISION.ALL IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING
TO PIAP_.' RE COP,DFD IN SNOWS 7 AND 1?: PAGES ANLL 1S: P,ESPECTIVELY ..
OF MAPS • IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED
AS A NMOL E AS FOLLONS :
COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID LOT `t?" WITH
THE SOLITHERL Y RIGHT OF WAY LINE OF THE STATE HI GHIJAY, KHONN AS U.S.
HI GN,WAY NO. 66 AS SN.OWN ON THE LICE NSELD SURVEYORS MAP, RECORDED
III BOOK S, PAGE 55 OF RECORDS OF SURVEY M THE OFFICE OF THE COUNTY
RECOP,nEP, OF SAID COUNTY, THENCE SOUTh' O? DEGREES 35 MINUTES 30 SI C.ONDS
WEST, 126.45 FEET ALONG TN.E EAST LINE OF SAID LOT "0", TO THE NORTHEAST
CORNER OF THE PARCEL OF LAND, DESCRI= ED AS "PARCEL NO. lot., IN THE
DEED TO SAN EERHARDINC NATER UTILITIES CORPORATION: RECORDED DECEMBER
1, I950. IN BOOK 2650 PAGE 563 OFFICIAL RECORD_: III THE OFFICE OF
THE COUNTY RECORDER, OF SAID COUNTY, THENCE NORTH S7 DEGREES 06 MINUTES
_30 SECONDS WEST, 115.53 FEET ALONG THE NORTH LINE OF SAID PARCEL
OF LAND TO THE TRUE POINT OF BEGINNING: THENCE Fn OM SAID TRUE POINT
OF BEGINNING, CONTINUING NORTH ST DEGREES 06 MINUTES SO SECONDS NEST,
101.47 FEET ALONG SAID NORTH LINE TO THE NORTHNEST CORNER OF SAID
7-005566
' PARCEL CF LAND: THENCE SOUTH 02 DEGREES 35 MINLITES . O SE - 14 D_' !JEST,
-ALOAW THE WEST LINE OF SAID UTILITIES CORP. PARCEL OF LAND TO THE
SOLJTHNESTERLY CORNER THEREOF, SAID POINT FEIN►I ON THE NORTHERLY FIGHT
OF WAY OF THE ATCHISON, T OPEKA AND SANTA FE RAILMnY RIGHT OF WAY
LINE; THENCE SORTH�WESTERLY ALONG SAID NORTHERLY LINE TO ITS INTERSECTION
WITH THE FAST LINE OF THE MAF OF DE VORE, AS SHO MS ON THE MAP RECORDED
IN FOGY if", PAGES 739 AN.D SO OF !'ZAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY: THENCE NORTHERLY ALONG SAID EAST LINE TO
ITS INTERSECTION WITH THE SOUTHERLY LINE OF THE PARCEL OF LAND CONUEYED
70 THE STATE OF CALIFORNIA, BY THE DEED RECORDED SEPTEPISER 7, 193;
IN ROOK 1231: FACE 157 OF OFFICIAL RECOROS. IN THE OFFICE OF THE
COLINT)' RECORDER OF SAID COUNTY: THENCE SOUTH 46 DEGREES 45 MINUTES
50 SECONDS EAST. 5_489.37 FEET ALONG SAID SOUTHERLY LINE TO THE MOST
NORTHERLY CORNEROF THE PARCEL OF L ANL% DESCR ID I N THE DEED TO ti I L TON
M. FATE AND WIFE, RECORDED SEP^TEf10cF 1 ?: 19.1 IN ROOi.' 2131, PAGE
`
118 OF OFFICIAL RECORDS, IH THE OFFICE OF THE COUNTY RECORDER' OF
SAID COUNTY: THENCE ALONG THE WESTERLY LINE OF SAID PATE PARCEL OF
�
LAND, THE FOLLOMINt1 COURSES AND DISTANCES: SOUTH 43 DEGREES 14 t1111UTE.S
C'D
20 SECONDS !JEST, 2c7 .15 FEET TO AN ANO:LE POINT THEREIN, SLEUTH 46
-cam
DEGREES 45 ttINUTES 40 SECONDS FAST, 629, tiS FEET TO THE TRUE POINT
OF BEGINNING:
Z\:)
EXCEPTING THEREFROM -THE FOLLOWING DESCRIF-ED PROPERTY:
THAT PORTION OF LOT 37 , RANCHO t1 LUS CLIP I A- E IN THE COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AS PER t1AP RECORDED 1N BOOK 7.. PAGE 23 OF MRFS,
RECORDS OF SAN BE RHARD I HO COUNTY, CALIFORNIA: BE -MG MORE PRECISELY
DESCRI10ED AS FOLLOMS . .
COMMENCING AT THE INTERSECTION OF THE SOUTHAI'
HAIL S TERLY RIGHT OF WRY
LINE OF CAJON FL UD. AND THE EASTERLY L INE ►OF DE YORE TRACT, A' -,,E OROFD
IN ROOK 17, PAGES 78—SO: RECORD- OF SAN c^":.; NARDINO COUNTY, AS SHONN
BY RECORD OF Strr L1EY ON FILE IN BOOP: 43: PAGES 1,� ANO 1 S, RECORDS
OF SAN BERNARDINO COUNTS': CALIFORNIA; THENCE SOUTH 4.'7 DEGREE'S O;'
MINUTES -35 SECONDS EAST, ALONG THE SOLIT hWESTERLY RIGHT OF WAY OF
CAJON BLVD., A DISTANCE OF 5,491.02 FEET, TO AN INTER SECTION MI TH
THE EASTERLY LINE OF PARCEL "P" OF 1°1Fi'ER FhRc;LAY SUBDI(fl SINN ACCORDING
TO MAP OF FILE Ih' BOOK 12: PAGE 1S: RECORDS OF SAN BERNARDINO COUNTS,
CALIFORNIA; THENCE SOUTH 422 DEGREES CS M I tr L1 TES 22 SECONDS WEST, F.
DISTANCE OF 227.51 FEET, BEING THE TRUE POINT OF BEG INNING; THENCE
SOUTH 4 7 DEGREES 11 MINUTES 53 SECONDS EAST, A D I STANCE OF 629.3?
FEET; TH;: ;CE NORTH S`7 DEGREES 4S MINUTES 45 SECOND: !JEST: A DISTANCE
OF 101.35 FEET; THENCE SOUTH 2 DEGREES 32 MINUTES 41 SECONDS WEST,
A DISTANCE OF 460. S9 FEET, TO THE NORTHERLY RIGHT OF WAY OF ATCHIf1SON,
TOPEKA AND SANTA FE RAILWAY, SAID POINT PEING THE BEGINNING OF A
NON -TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF S, 524.68
FEET, A RADIAL SEARING TO SAID POINT SEARS NORTH 15 DEGREES 33 P1111L►TES
,,0 SECONDS EAST; THENCE WESTER,=LY, ALONG' SAID NORTHERLY RIGHT OF WAY,
THROUGH A CENTRAL ANGLE OF 4 DEGREES 31 11INLITES 16 SECONDS, AN ARC
DISTANCE OF 460.01 FEET A RADIAL SEARING TO SAID POINT: BEARS NORTH
11 DEGrE.S 02 MINUTES 14 SECONDS 'A'-; THENCE NORTH 6 DEGREES 24
MINUTES 09 SECONDS FAST, A DISTANCE OF SO0. 3 7 FEET; THENCE SOUTH
47 DEGREE'S 11 MINUTES 53 SECONDS EAST, A DISTANCE OF 25.00 FEET,
TO THE TRUE' POINT OF BEGINNING.
- ?QC�55a"B
SAID PARCELS ? TO 5 IS ALSO THAT CERT.4Itj LL?ND S HOldN ON THE MAP RECORDED
IN ROOK 43 FAMES 1; AND IS OF RECORD OF SU UEYS : RECORDS OF SAID
COUNT i': EtiCEF T THAT PORTION OF PARCEL 5 DE:•CRI SED A: F OLL ONS "
BEING A PORTION OF LOT _77.. R914CHO KLJS.LJPIPBE: IN THE COUNTY OF ,( AN
FERNARDINO. STATE OF CALIFORNIA: AS F_r MAP RECORDED IN BOOR 7: PAGE
" OF 11AFS: RECORDS OF SAN B RNPr nIN1' COUNTY: CAL IFORtlJA, BEING WRE
PRECISELY DESi r. T=0 AS FCALLONS:
AT )r'Nr I NT=RSECTI CSN OF THE SOUTHNE'CTEr L Y RIGHT OF NAY
LINE OF CAJON FOLJL rUARD AND THE ERC TE L Y L INE OF D t10RE TRACT. AS .
F,ECORDED IN FCC?f�' 1 FAr=S ,'F T£� CSO:=ECL�-DF OF Sr?N FrRt�rIRDINn COUNTY,
A SHOWN _FY RE COD OF SLJr, UE Y ON FILE iN SL % �?.�: PAt� ES 1 I AND IS.,
RECORDS OF SAN r~ERNArDINO COUNTY: CALIFOR 14; Th'"c CE SOUTH 417 DEGREES
07 PKI NUT E S SC SECC?117'DS EPS T: PL O14C SAID SOUTHUE S TE L Y FIGHT OF MAY
LINE OF CAJON FOLV EVARD: A DISTANCE OF S: o-`�C?. SCS FEET: THENCE SOUTH
4? DEGREES 1;1NLJT ES ?? SECONDS !FEST: R' DISTANCE OF 1 :Otin. 11 FE_ T:
TO A POINT THAT IS NORTN.EASTERLY 100.00 FE -T: AS MEA,3URED PERPENDICULAR
TO THE HOPTHEASTERL7' FIGHT OF 14A5' LINE OF THE ATCHI SON: TOPEKA AND
:PLATA FE RAILWAY: SAID POINT BEING THE TRUE POINT OF SECIHNIHG: THENCE
ax
NORTH 26 DrGr.ErS 0_; MINUTES ?0- SECONDS NEST. ON P LINE, PARA -111-E-1
UJTH AND 100.00 FEET NOP"THEA TE RL}' AS MEASURED FEF,PENDICULAf= TO SAID
�
HOF,THEASTERL' RIGHT OF 41AY LINE OF THE ATCr"I ON: TOPEKA AND SANTA
FE RAILJ44) . A DISTANCE OF 355.41 FEET. THENCE NORTH~ DEGPES S_
MINUTE:.= EE SECONDS- EAST. A DISTANCE OF ?•.55. S1 FGE=T: THENCE SOUTH
rte;
^+ nr-r.� ! ^.1 .ter- f +� ^C T
4 P•E'Grcc__ O? 11 i'l , -1 ,•%.. _-tGC�hDS EAST: A DI STANCE !�F =SC?. C7C' F=- I.;
e1
-THENCE SOUTH 4�= DEGREES 5? MI ALJ; rS _^_? SECOND" 11ES7: H� DI:a TANG E OF
G� a
462. 00 FEET: TO THE T F.UE PLIINT OF FEG=NHIN_ .
74905568
•. •, ,., o.,��v or �anforn,a lana/Tole A-acc,ai.on S�ar.dard Pol•cv-19.'3 -- -
,
moi- iy��s zc�z ora - a3 Schedule
The Entire Property also consists of the following:
The land referred to herein is described as follows:
ALL THAT PORTION OF LOT 3: , RANCHO MUSCUPIAFE, IN THE COUNTY OF SAN
£ERNARDIHO, STATE OF CALIFORNIA: ACCO-DINS-T0-41AP-RcCORDED IN BOOL:
r, PAGE 23 OF PJAPS: IN T"'E OFFICE Or THE COUNTY RECORDER OF :SAID
COUNTS', FEIN; A PORTION OF SECTION 42, TOWNSHIP 1 NORTH, RANGE 5 WEST,
SAN BERNARDINO MERIDIAN, AC=CORDING TO GOVERNMIENT SYSTEM OF S'URVEYS:
IF SAID SEC=TION LINE' WERE EXEClCTtD P ROSS SAID LAND, DESCRIBED AS .
FOLLOWS
COMMENCIN; AT THE POINT OF INTERSECTION OF THE SOUTHWESTERLY LINE
OF THE CAJON HIG;NAS', ALSO KNOWN P U.S. HIi_,714AV NO. ra C90 FEET
IH WIDTH?, WITH THE SOUTHERLY LINE OF THE P-1EY'ER AND BgRCLPY SCIBDI U131011
RS FER PIAP TNR'EOF RECORDED IN BOOK 1 PAG IC_3 OF Mt�PS THER OF:
RECORDS OF SAN BERNARDINO COUNTY: Tqr--. SC?UTH 4�3 DEGREES OS MINUTES
25 SECOND" FAST ALONG THE SOUTH1dESTERLY LINE OF SAID CAJON HIGH1d141,
R DISTANCE OF 490-93 FEET TO AN ANGLE POINT THEREIN FOR THE TRUE
POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING CONTIPIUING
RLON; SAID SOLITHNESTERLY LINE OF SAID CAJON HIGHMAY SOUTH c? DEGRFLS
15 MINUTE'S 40 SECONDS EAST .349.00 FEET TO AN ANIZ E POINT THEREIN;
THENCE CON i INUI N'_ 41 Opti- Su T r? 7 JTL'r L Fn, �� r Nr
SOUTH SO �- cc ��CL /,,.<__•T RL'_ Llhc _�F SAID CAJON HT"-HWAi'
DE1 RFLS 50- , ECONDS 3O PIINUTES E.�;ST 00.:0- FE -ET TO P POINT
THEREON; THE AT RIGHT Al LES TO SAID LA':T PIENTI�?tYED C:OUR,E OLITH
39 DErREE" 01 MINUTE 30 SECONDS NEST 4E.;.B; Th'ENC.E NORTH 51 C?E=t^EEC
.
� PIINUTES 30 SEL:ONDS WEST ,'70. 15 FEE T, PIO'-'c OR LEt�;,: TO i4 POINT
WHICH REARS SOUTh' _7f_` DE REES -:1-4 MINUTES 2:10 'SECONDS WEST X35. a FEET
FROM THE TRUE POINT OF BEGINNING: THENCE NORITH 37 DEGREE'S 4.'4 :1INUTc
O SEZ:ONDI_3 EAST '43- 5. FEET TO THE TRUE POItYT OF BE6711-114ING.
EXCEPTIN; UNTO? THE GRRNTOR HEREIN: ONE-HALF OF GRANT OR I INTEREST
IN ALL OIL, GAS: AND OTHER HYDROCARBON SUST
SLIP BELOW R DEPTH Cr
500 FEET UNDER THE PROPERTY DESCRIBED NEREIt7 . TOGc T hER 111 T 1 RIIGH"
t?� ING ECUS • EGRESS AF, teP rI Zn
rD I C ;,,IRF AC ENTr,t. :;!_!L. _1� C. T TO TH PROI �I"1 vNS �E T
FORTH THEREIN A�� RESERVED BY PACJL I NE M . FAUrHT . I N DEED RE CORDED
JUNE 22, 19031 AS INSTRUMENT NO. SI -1,35426 OFFICIAL RECORDS
EXHIBIT "B"
(Page 7 of 7)
S@010 -4B
All that portion of Lot 37, Rancho Muscupiabe, in the County of
San Bernardino, State of California, as per map recorded in
Book 7, Page 23 of Maps, in the Office of the County Recorder of
said County, being a portion of Sections 11, 12, 13 and 14,
Township 1 North, Range 5 West, San Bernardino Meridian, according
to -the official plat thereof, if said section lines were extended
across said land, described as follows:
Commencing at the point of intersection of the southwesterly right
of way line of Cajon Highway, known as U. S. Highway 66, 90 feet
wide, with the northerly line of that certain parcel conveyed to
Farm Homes Corporation by deed recorded October 13, 1934, in Book
1011, Page 14, Official Records of said County, thence north-
westerly along the southwesterly line of Cajon Highway a distance
of 250 feet to the true point of beginning; thence continuing
northwesterly along said southwesterly line of Cajon Highway a
distance of 6525 feet; thence southwesterly along a line at right
angles to the southwesterly line of Cajon Highway to its point of
intersection with the easterly line of that certain property con-
veyed to the County of San Bernardino by deed recorded July 27,
1948, in Book 2268, Page 138 of Official Records of said County,
thence southerly along the easterly boundary of the said land
conveyed to San Bernardino County to its intersection with the
northerly line of the aforesaid parcel conveyed to said Farm Homes
Corporation, or the prolongation thereof; thence easterly along
said northerly line of the said parcel conveyed to Farm Homes
Corporation, to the point of intersection with a line drawn at
right angles to the southwesterly line of Cajon Highway from the
above described true point of beginning; thence northeasterly
along said last mentioned line to the true point of beginning.
Except that portion thereof included within the parcels of land
described in the Declaration of Taking by the United States of
America recorded June 3, 1947, in Book 2051, Page 470 Official
Records of said County.
Also except that portion thereof lying within a strip of land 200
feet wide described in judgment and final order of condemnation,
recorded.December 21, 1972, in Book 8086, Page 946, Official Records.
Also except that portion thereof described as Parcel Nos. 1, 2 and
3 in the deed to San Gabriel Valley Municipal Water District,
recorded February 7, 1973, in Book 8116, Page 998 Official Records.
Said land is also that certain land shown on map recorded in
Book 42, Page 88 of Records of Surveys, records of said County.
Also except that land conveyed to the Southern Pacific Company by
deed recorded October 13, 1965, in Book 6490, Page 203 Official
Records of said County and by deed recorded July 8, 1966, in Book
6659, Page 336 Official Records of said County together with that
land lying northwesterly and westerly thereof.
EXHIBIT "C"
December 9, 1981
MEMO UNDUM RL PRL -ANNEXATION AGREEMENT
City of San Bernardino/Tradelands, Inc.
Factors This Agreement is Based On:
1Y 01 5:,11 BO rn;, rd i no is dosi reous of ;innexi ng a
portion of T1';1dc1ands property, and has received approval
from LAFCO, which includes other properties.
Re- LAFCO Action 2030A
The Tradelands properties involved are located west
of ,Cajon Boulevard in said action.
Tradelands is agreeable to the annexation of this
portion of its property if it can be assured that it can
carry out its development plan in an orderly manner.
The City of San Bernardino and Tradelands are in agree-
ment, their objectives are in harmony with each other.
Objectives to be Accomplished
In the hritten ALreement
The subject property is to be designated by the City
of San Bernardino as a significant mineral regional resource
zone of regional signficance. This designation is to be
written into the Qcneral and specific plan of the City of
S;111 lit, 1.11.1 rd i nu.
The redevelopment arm of the city is to certify, by
resolution, that the Tradelands development plan is approved
and meets their land use objectives.
The City of San Bernardino will assist and support the
State Mining and Geology Board designation of the subject
Tradelands property being a signficant mineral regional
resource.
The following development plan and conditions are to be
a part of the Pre -annexation Agreement:
Industrial M-2 Under San Bernardino City Zoning Code
Bordered by county landfill on the north, Cajon
Boulevard on the east, M.W.D. utility corridor
on the south, and the SPRR on the West. S1 acres
approx. This area bisected by Institution Road.
L I>AY 9A ;s
T'+V T T T D Tm it -*1
Memo Re Pre -Annexation Agreement
City of San Bernardino/Tradeland-z, Inc.
Sand and Gravel Extraction (Surface Minin
December 9, 1981
Page 2
Bordered by San Gabriel Valley & M.W.D. on the
north, Cajon Boulevard on t^e east, property
line (annexation line) on the south, and the
SPRR on the west.
Pre -Annexation Conditions:
The areas reserved for sand and gravel extraction
only, and no plant site will be included.
50 -foot setback from Cajon Boulevard..
50 -foot setback from other property lines.
Extraction to slopes of 1 foot horizontal to
1 foot vertical.
Days of operation: No restrictions.
Hours of operation: No restrictions.
Operator to provide screenin; along Cajon Boulevard
and utility corridor, along with security fencing
around all excavations.
Allowable depths of extraction: 150 feet.
Reclamation Plan and Alternate Land Use
A minimum setback depth of 300 feet along Cajon
Boulevard will be filled and compacted to prepare for
industrial development. Said filling would be done
upon availability of suitable materials. Extraction
would take place in this area in the first part of the
mining plan, so that the refilling could take place at
the earliest date possible. The base, or bottom, of
the sand and gravel, extraction would be developed to
agriculture, water perculation and recreational uses.
Said reclamation would be one of these uses, or a
combination.
Additional Requirements
The City and the RDA will acree that the development plan
contained in the surface mining & reclamation plan shall not
contain requirements more onerous than those specified in the
surface mining provisions or the Los Angeles County Code.
Memo Re Pre -Annexation Agreement
City_of San Bernardino/Tradelands, Inc.
FACTORS TO BE RECOGNIZED
Land Use
December 9, 1981
Page 3
Highest and best use of the subject Tradelands property
is for the removal o.f the commercial grade sand and gravel
curtained in the property, except for parcels that are too
small to create an economical sand and gravel operation.
The sand and gravel reserves contained in the property
meet all guidelines of the California SMARA of 1975, as being
of regional significance, and are above the "construction
materials" threshold minimum value of $5,000,000.
Tradelands has explored the said property by drilling
and lab testing, and has determined that the sand and gravel
contained in the property is of high commercial quality. The
property can be reclaimed after extraction is completed to
conform with the requirement of SMARA and the generally
accepted standards.
The properties north of utility corridor are not adequate
in size to be developed for mining. Therefore, area will be
developed within the San Bernardino City M-2 zoning.
State Surface Mining Act 1975
The state geologist is now engaged in the study of
Cajon -Lytle Creek areas for the purpose of classification,
and will conclude with a report and recommendation for
designation under the SMARA of 1975. Preliminary findings
disclosed to Tradelands indicate that the subject property
will be recommended for designation as MRZ/2.
MRZ/2 areas are defined as:
"Areas where adequate information indicates that
significant mineral deposits are present, or where it
is judged that a high likelihood for their presence
exists. This zone shall be applied to known mineral
deposits or where well-developed lines of reasoning,
based upon economic geologic principles and adequate
data, demonstrate that the likelihood for occurrence of
significant mineral deposits is high."
Tradelands will locate its production facility on other
adjacent properties which are owned by Tradelands.
r
Memo Re Pre -Annexation Agreement December 9, 1981
City of San Bernardino/Tradelands, Inc. Page 4
San Bernardino City Ordinance
Before start of operations, specific development plans/
reclamation plans will be submitted to the City of San
Bernardino for approval as required in the ordinance of the
city. Property has been pre -zoned as M -Z. The City of
Sian Bernardino's ordinance on surface mining and land
reclamation is an overlay type zoning. Those zoning
ordinances and the Pre -Annexation Agreement will be the
basis of the specific development plan to be approved by
the City.
Tradelands does not plan a start up of mining within
the near future, and the City of San Bernardino does not
desire an application for a mining permit previous to an
established performance date,. Therefore, the City's approval
of the Tradelands development plan is accomplished by
approving Tradelands' general plan. The State Surface
Mining Act and supplemented by decisions of the State Mining
and Geology Board, is recognized and will be followed within
a Tradelands specific application for approval of mining.
The City of San Bernardino will be bound to these same
guidelines.
The San Bernardino City Surface Mining/Land Reclamation
Code does not contain sufficient development standards to
allow Tradelands to plan its mining project or submit the
same to the City with confidence that approval would be
granted. Therefore, the Pre -Agreement will contain standards
as outlined under the heading "Objectives to be Accomplished
in the Written Agreement" The standards will be followed
unless they would prove to be a signficant threat to consi-
derations of values relating to recreation, water shed, wild
life, range and forage, esthetic enjoyment, public health
and safety.
End of Memorandum.
C. RAY BASS
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