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HomeMy WebLinkAbout1982-3741 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 82-374 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A GRANT DEED CONVEYING CERTAIN PROPERTY KNOWN AS SECCOMBE LAKE PARK TO THE STATE OF CALIFORNIA AND AN OPERATING AGREEMENT FOR THE SECCOMBE LAKE PROJECT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION.1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Grant Deed conveying certain property known as Seccombe Lake Park to the State of California, and an Operating Agreement for the Seccombe Lake Project, copies of which are attached hereto, marked Exhibit "A", "B" and incorpora- ted herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino ata r_eaular meeting thereof, held on the 7th day of September 1982, by the following vote, to wit: AYES: Council Members Reilly Hernandez, Quiel, Robbs, Strickler day of NAYS: None ABSENT: Council_ Member Castaneda ,e7ityCer The foregoing resolution is hereby approved thisi` / September , 1982. Approved as to form: 0 ��u� zm6d-4) City Atforney w ir FICNEEn }� CEMETERY 1 G t1` E; L, Y Z` 17 16 9 Ao 6th •�;TLiFci 13 v 6 th STREET 03 z• sTRE£r �--- .1 t uj ' I • r W V. ` ' •'r ' � �''i.+.. .: � ,.�mj firth :. •.�r r 1 2 3 4 5 6 7 8 I 9' 10 11 121 13 14. 15 16 17 18 19' 20I 21 22 23', 24 25 26 27 COURT PAPER STATE OF CALIFORNIA STO 113 rREV, 8.721 OSP 4 OPERATING AGREEMENT SECCOMBE LAKE PROJECT THIS AGREEMENT, made and entered into this ,?v day of .rErre,,4. 19 9U, by and between the STATE OF CALIFORNIA, acting through the Department of Parks and Recreation, hereinafter called "STATE", and the City of San Bernardino, hereinafter called "LOCAL AGENCY": WITNESSETH: WHEREAS, pursuant to the provisions of Section 5007 of the Public Resources Code of the State of California, STATE may enter into contracts with political subdivisions of the State of California for the care, maintenance, and control, for the purposes of the State Park System, of lands under the jurisdiction of STATE; and WHEREAS, funds are appropriated, pursuant to Item 458.1, Chapter 359, Statutes of 1978, for acquisition for park and recreational purposes of certain real property (said property) hereinafter described in Exhibit "A"; and WHEREAS, said appropriation in Item 458.1, Chapter 359, Statutes of 1978, is subject to the following condition: That the State is granted a gift of full fee title to the public lands within the boundary of the park; and WHEREAS, Chapter 1305, Statutes of 1980, Section 12(b), provides for operation of said property on a cost sharing basis; and -I- 1 2 3 4 5 6 7 i 8' 9 10 11 Illi 12 13 14 15' 16 17 18 19' 20' 21 22 23 24 25 26 27 COURT PAPER STATE OF CALIFORNIA STD. 113 (REV. 8.72) OSP WHEREAS, the remaining real property will be acquired pursuant to the Property Acquisition Law (Part 11, commencing with Section 15850, of Division 3 of Title 2 of the Government Code); and WHEREAS, STATE and LOCAL AGENCY desire to enter into an agreement to provide for the transfer of Full Fee title to the real property described in Exhibit "B" to STATE and to provide for the care, maintenance, and control of said property described in Exhibit "A" by LOCAL AGENCY on a cost sharing basis with STATE, as hereinafter provided, after such acquisition by STATE; and WHEREAS, additional funds are appropriated, pursuant to Item 495.5B (a), as added by Chapter 1085, Statutes of 1979, for the acquisition for park and recreational purposes; and WHEREAS, the appropriation for General Plan Development pursuant to Item 495.5B (b), as added by Chapter 1085, Statutes of 1979, is subject to the following condition: That funds appropriated shall be transferred to the City of San Bernardino to reimburse the City for costs incurred in the development of the general plan; and NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto do hereby covenant and agree as follows: 1. LOCAL AGENCY agrees to transfer by way of gift Full Fee title, to the real property described in Exhibit "B", to State of California. Any transfer of such property made directly or indirectly from LOCAL AGENCY to STATE shall -2- I not to any extent terminate or in any way affect this Agreement, and this 2 Agreement shall not in whole or in part be merged into any such transfer. 3 Such title shall be subject only to such encumbrance as State Director of 4 Parks and Recreation, with the approval of the State Department of Finance 5 shall in writing designate. Title to such real property shall be tendered to 6 STATE not later than July 1, 1981. 7 8 2. (a) LOCAL AGENCY shall be responsible for the protection, care, 9 maintenance, operation, and control of the real property 10 hereinafter described in Exhibit "A" attached, which exhibit is 11 incorporated herein by reference (hereinafter sometimes referred 12 to as "said property"), for the purposes of a State Urban 13 Recreation Area in the State Park System. STATE'S and LOCAL 14 i AGENCY'S obligation under this agreement shall not commence 15� earlier than the date first above appearing, and unless sooner 16 terminated as provided in this Agreement, as to each parcel of 17 said real property or interest therein acquired by the State of 18il California, for the purposes of this Agreement, shall commence 19� on acquisition of jurisdiction over such parcel or interest by I 201 STATE and shall thereafter continue until twenty-five (25) years 21 after the date of this Agreement first above appearing. 22 I 231 i (b) During the period specified in Subparagraph (a) above (said 24! period) LOCAL AGENCY shall pay all costs of law enforcement i 251 I relating to the protecting, caring for, maintaining, controlling, 26 j -- 27 ! __ COURT PAPER STATE OF CALIFORNIA 't STD. 113 f REV. 8721 OSP -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 i 14 15 16 171 18 i 19! i 20 21 i 22 I 23 24 251 26 27 COURT PAPER STATE OF CALIFORNIA STD. 113 (REV. 8.72) OSP and operating said property for said purposes including during times when property is closed to the public and STATE shall not, during said period, be liable for the cost of said law enforcement relating to said care, protection, maintenance, control, or operation. (c) During said period LOCAL AGENCY shall also pay that portion of all costs (excluding cost of providing law enforcement as provided in Subparagraph (b) above) of protecting, maintaining, controlling and operating said property for said purposes in an amount equal to all expenses incurred by local agency in the operation of the portion of said property under the jurisdiction of local agency during the fiscal year July 1, 1980 through June 30, 1981 and adjusted annually thereafter for annual changes in the California Price Index as contemplated by Chapter 1305, Statutes of 1980. (d) During said period, STATE shall reimburse LOCAL AGENCY all costs i necessarily incurred by LOCAL AGENCY for protecting, maintaining,] i controlling, and operating said property for said purposes after i deducting from said costs the costs contemplated to be paid by i LOCAL AGENCY by Subparagraphs (b) and (c) above in this Paragraph 2, provided that cost to be reimbursed shall be only to the extent such costs are incurred in accordance with the approved budget referred to in Subparagraph (e) below and only -4- 1 to the extent STATE funds are specifically appropriated for such 2 reimbursement. Such reimbursement shall be made within 3 forty-five (45) days, after written invoice therefor has been 4 received by STATE. 5 6 (e) Annually during the first 24 years of said period, on or before 7 June 30 of each year, LOCAL AGENCY shall submit to STATE for 8 approval a proposed budget ( i n a form and detail acceptable to 9 STATE) for the estimated costs for protecting, maintaining, 10 controlling, and operating said property during the fiscal year 11 (July 1 through June 30) beginning the next July 1 after such 12 submitted date. After approval of such annual budget by STATE 13 and the State Department of Finance, LOCAL AGENCY shall not 14 increase or decrease any item of such budget for said fiscal 15 year or otherwise incur any costs in connection with said 161 property in any amount not provided for in said approved budget 171 i! without the advance written approval of the State Director of 18! Parks and Recreation, to the extent the costs thereof are to be 19 j1 i reimbursed by STATE under this Agreement. Concurrently 201 herewith, LOCAL AGENCY shall submit such a budget for the period 211 beginning on the effective date of this Agreement through the i' 22 i fiscal year ending June 30, 1982. 23 24 (f) Concurrently herewith, and annually thereafter, LOCAL AGENCY 25 !i it shall submit to STATE an operations and maintenance plan for 26; i said property including a facilities maintenance schedule for 27 ' any facilities or development located thereon in a form II COURT PAPER STATE OF CALIFORNIA i STD. 1 13 1 REV. 8-721 OSP ;I -5- 1 2 3 4 5 6 7 8 9' 10 11' 12 13 14 1 151 16 17 18 19 20 i 21! 22 23 24 I 2511 26 27 '; COURT PAPER STATEOF CALIFORNIA I STD- 113 (REV. 8721 li OSP acceptable to STATE for STATE approval. Said plan shall be compatible with the General Plan for said property approved by STATE and the budget submitted by LOCAL AGENCY for approval. (g) All personal property, including furniture, furnishings, supplies, automotive and office equipment, and the like, acquired, or to be acquired by LOCAL AGENCY the cost of which, in whole or in part, are to be reimbursed or are reimbursable by STATE under this Agreement, shall be deemed jointly owned by the STATE and LOCAL AGENCY upon termination of this contract, said ownership to be in direct proportion to the amounts of money which each agency contributed to the cost of operating and maintaining the park during the period of this Agreement. LOCAL AGENCY shall maintain an inventory of all such property and shall account therefore. (h) In connection with any development proposed by STATE or LOCAL AGENCY to be made on said property, LOCAL AGENCY may and STATE may require LOCAL AGENCY to submit for STATE approval (1) a written estimate of increases or decreases in costs included with the approved or the proposed budget for said property and (2) written amendments to the proposed operation and management plan both of which would be required by reason of such development. 1 (i) For purposes of this Agreement "law enforcement" includes, but 2 is not limited to: 3 4 (1) Law enforcement services provided by City Police or other 5 security personnel; 6 7 (2) Enforcement of the applicable provisions of the Vehicle 8 Code, the penal laws of this State and the United States, 9 and the rules and regulations for said park unit; 10 11 (3) Salaries, wages, health and retirement benefits, Workers' 12 Compensation, vacation and sick leave, and other benefits 13 for employees engaged in or related to law enforcement; 14 I 15 (4) Training of law enforcement personnel; 16 17 (5) Uniforms and equipment, including safety equipment, for law 18 enforcement; 19 20 I (6) The defense against any liability, claims, demands, 211 damages, costs, expenses, and liability costs arising out 22 j of law enforcement activities on or in connection with said 23 ) property; and the payment of any judgment arising from any 24 i thereof; 25 i-- 26 -- 27 -- COURT PAPER STATE OF CALIFORNIA STD. 113 (REV. 872) OSP I' ' it -7- 1 (7) Law enforcement patrol and investigative operations and 2 functions and associated support effort from initial patrol 3 response through arrest and prosecution of offenders; or 4 5 (8) Any matter incidental to or arising out of any one or more 6 of the foregoing items or out of law enforcement, whether 7 or not similar or dissimilar to any of the foregoing items 8 listed in this paragraph. 9 10 3. While this Agreement is in force and effect, said property shall, at 11 all times, be accessible and subject to the use and enjoyment of all citizens 12 of the State of California, and all other persons entitled to use and enjoy 13 the same, subject, however, in the manner of such use and enjoyment, to the I 14 ( control of LOCAL AGENCY in conformity with this Agreement. LOCAL AGENCY may 15 f adopt rules and regulations for the use and enjoyment of said property. Any 16 such rules and regulations adopted by LOCAL AGENCY shall conform to and be I 17 i compatible with the rules and regulations adopted by STATE and generally 181 applicable to the State Park System, including said property. Said property 19 i' shall not be used for any other purpose than the purposes herein enumerated. i 20 21,' 4. Subject to prior approval in writing by STATE, LOCAL AGENCY may grant 22 j concessions in or upon said property compatible with the use by the general i 23 public thereof for park and recreational purposes. The rights of the public 24 !, to the use and enjoyment of said property shall thereupon be limited by such 25;1 concession agreements. All such concessions shall be granted in substantial 26 compliance with Public Resources Code Section 5019.10 et seq. 27 j -- COURT PAPER STATE OF CALIFORNIA STD. 113 (REV. 8.721 OSP -8- i 1 5. LOCAL AGENCY shall establish a schedule for charges, fees or 2 collections to be made by LOCAL AGENCY for services, benefits or 3 accommodations to the general public at a level approved by STATE but limited 4 to actual needs for maintenance and operation of said property excluding cost 5 to be paid by LOCAL AGENCY under Paragraph 2(b) and (c) above, and that 6 commercialization for profit shall not be engaged in by LOCAL AGENCY. 7 8 6. All revenues (including all such charges, fees, and collections) 9 received and all expenditures made by the LOCAL AGENCY in relation to 10 concessions, special services, services, benefits or accommodations to the 11 general public, and in relation to all other matters incident to the 12 development, protection, care, maintenance, control, and operation of said 13 property shall be reported annually to the STATE. All revenues derived from I 14 the operation of the urban recreation area received by LOCAL AGENCY shall be 15 deposited by LOCAL AGENCY in a segregated interest bearing account. Until 16 paid to STATE, such revenue and the interest thereon shall be deposited in 17 i institutions that would qualify as an authorized depository under Government 18; Code Section 16500 through 16510. Such annual report and payment shall be 191 made for the annual period commencing on July 1 and terminating on June 30 and I 201, shall be filed with STATE no later than September 30 of each year. The first I 211 report and payment hereunder shall cover the period beginning with the 22 effective date of this contract and terminating the following June 30 and I 23 ! shall be made by LOCAL AGENCY by the following September 30. I 24 I 25i The report shall include a reasonable weekly estimate of the number 26i of visitors to the area as well as the number of vehicles. 27 �l -- i it COURT PAPER 'I STATE OF CALIFORNIA-I STD. 1 13 (REV. 8721 i OSP -9- 1 The books, records and accounts kept by LOCAL AGENCY applying to the 2 operation of the State Park area, shall at all reasonable times be open for 3 audit or inspection by STATE. In the event such inspection or audit disclose 4 a reimbursement to LOCAL AGENCY in excess of the amount permitted by this 5 Agreement, such excess shall be repaid by LOCAL AGENCY to STATE on written 6 demand or may be deducted by STATE from any subsequent reimbursement due under 7 this Agreement, at State's Option. 8 9 7. Either party may, by its own forces or by contract, undertake 10 projects for the development, construction, or improvement to said property. 11 Plans and specifications for any such project shall be submitted to the other 12 party for approval, together with estimates on the effect of such project on 13 i reimbursable costs under Paragraph 2 above, on income and fees under 14 Paragraph 5 and 6 above, or on the operations and maintenance plan referred to 15 ii n Paragraph 2(f) above. No such project shall be commenced by either party's 16 own forces or contracts awarded prior to other party's approval of such plans 17iI and specifications. Either party has the right to disapprove such plans, 18 specifications, and estimates. Such development, construction, or improvement 19j shall be in accordance with the General Plan. 20 i 21 LOCAL AGENCY is the lead agency for purposes of developing and 22 completing the General Plan for said park. Such plan and any subsequent i 23 amendment thereof desired by LOCAL AGENCY shall be subject to, and submitted 24 for, prior approval in writing by State Director of Parks and Recreation. I 25 26In addition to the reimbursable costs under paragraph 2 above, the 27 j STATE shall transfer to and reimburse LOCAL AGENCY for costs incurred by COURT PAPER STATE OF CALIFORNIA STD. 113 IRV, 0.72) I� OSP I. -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 I 14 15, i 16 171 i 18 i 19 20 i 21 22 23 24 25 i 26 27 COURT PAPER STATEOF CALIFORNIA T SD. 113 ;REV. 8.72) OSP LOCAL AGENCY in the development and completion of the General P 1 an , but not to exceed Two Hundred Thousand dollars ($200,000) upon receipt of an invoice specifying the amount of such costs, to the extent funds are available therefore under Item 495.5E (b) Budget Act of 1979 or Section 10 of Chapter 86 Statutes of 1980. 8. Improvements erected on said property by LOCAL AGENCY or STATE shall, upon completion, become a part of the realty and title to said improvements shall vest in STATE, except that STATE may, at its option, require that LOCAL AGENCY remove any or all such improvements made by LOCAL AGENCY at the end of the term hereof. LOCAL AGENCY upon termination of this Agreement may, at its option, remove any or all of such improvements erected on said property by LOCAL AGENCY (other than or improvements the cost of which has been paid for or reimbursed by STATE), provided it gives STATE notice promptly that it desires to do so. Any such removal required by STATE or at the option of LOCAL AGENCY shall be completed by LOCAL AGENCY within ninety (90) days after the termination of this Agreement (except that if longer than ninety (90) days is required for actual removal such removal may still be made provided it has been commenced promptly and is carried on with due diligence). Upon removal, title to the material so removed shall vest in LOCAL AGENCY. Any removal authorized hereunder shall be made without damage to adjacent improvements and if adjacent improvements are damaged, LOCAL AGENCY shall reimburse STATE therefor or shall repair the improvement so damaged at the option of STATE. After removal, the premises shall be left free and clear of all debris and in a reasonable condition similar to the condition of said property immediately prior to LOCAL AGENCY making such improvements. -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 i 14 15 16 17j 18' 19 i 2011 21 22 j 23 24 i 25 26 27 COURT PAPER STATEOF CALIFORNIA STD. 113 (REV. 6.72) OSP 9. Neither party shall during the term of this Agreement, without prior written approval of other party, remove, move, demolish, or alter in any manner, any improvements, natural features, or accretions existing on said property on the effective date of this Agreement or subsequently occurring. 10. If said property or portion thereof is taken by proceedings in eminent domain, STATE shall receive the entire award for such taking except that LOCAL AGENCY shall receive out of said award the fair market value of any improvements then existing and constructed by LOCAL AGENCY (other than improvements the cost of which has been paid for or reimbursed by STATE) on said property as said fair market value may be determined by said proceedings taking into consideration the terms of this instrument, provided, however, this paragraph shall not apply to the lands described in Exhibit "B". 11. In the event STATE is named codefendant under the provisions of the Government Code Sections 895 et seq., LOCAL AGENCY shall notify STATE of such f act. LOCAL AGENCY shall represent STATE in such legal action unless STATE undertakes to represent itself as codefendant in such legal action or except when STATE is solely negligent. In such event STATE and LOCAL AGENCY shall bear their own respective litigation costs, expenses and attorney's fees. In the event judgment is entered against STATE and LOCAL AGENCY because of the concurrent negligence of STATE and LOCAL AGENCY, their officers, agents or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. -12- 1 12. This Agreement shall not, nor shall any interest therein or 2 thereunder, be assigned, mortgaged, hypothecated or transferred either by 3 LOCAL AGENCY or by operation of law, nor shall LOCAL AGENCY let or sublet, or 4 grant any licenses or permits with respect to the use and occupancy of said 5 property or any portion thereof, without the written consent of STATE first 6 had and obtained. 7 8 13. The STATE, to the extent it may legally do so, (1) shall not assign, 9 mortgage, hypothecate or transfer this Agreement, and (2) shall not let or 10 sublet, or grant any licenses or permits with respect to the use and occupancy 11 of said property described in Exhibit "B", without the written consent of 12 LOCAL AGENCY first had and obtained. 13 14 14. Notices desired or required to be given hereunder or under any law 15 now or hereafter in effect may, at the option of the party giving same, be 16 given by enclosing the same in a sealed envelope addressed to the party for 17 whom intended and by depositing said envelope, with postage prepaid, certified 18� with return receipt requested, in the United States Post Office or any 19 substation thereof. 20 I 2111 In the event such notice is being given to LOCAL AGENCY, such notice 22 and the envelope containing the same shall be addressed to the City of San i 23 Bernardino, Department of Parks and Recreation, 300 North "D" Street, City 24 Hall, San Bernardino, California 92418, or such other place as may hereafter 25 i, be designated in writing by or on behalf of LOCAL AGENCY; and in the event 26 i 27 -- COURT PAPER STATE OF CALIFORNIA STD. 113 (REV, 6-72) OSP -13- 1 2 3 4 5 6 7 8 91 10 11 12 13 14 15. 16I 17' 18 19 21 22 23 24 25 26 27 that said notice is being sent to STATE, said notice and the envelope containing the same shall be addressed to the Department of Parks and Recreation, Post Office Box 2390, Sacramento, California 95811. 15. The attached Standard Form 3 is incorporated herein and the reference therein to contractor shall mean LOCAL AGENCY. IN WITNESS WHEREOF, the parties have executed this instrument upon the date first hereinabove appearing. F -5999D COURT PAPER PERM STATE OF CALIFORNIA STD. 113 t REV. 0.721 OSP STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION CITY OF SAN BERNARDINO -14- Director FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this contract, the Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex*, age*, national origin, or physical handicap*. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, sex*, age*, national origin, or physical handicap*. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen- sation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, avail- able to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this Fair Employment Practices section. 2. The Contractor will permit access to his/her records of employment, employment advertisements, applica- tion forms, and other pertinent data and records by the State Fair Employment Practices Commission, or any other agency of the State of California designated by the awarding authority, for the purpose of investigation to ascertain compliance with the Fair Employment Practices section of this contract. 3. Remedies for Willful Violation: (a) The State may determine a willful violation of the Fair Employment Practices provision to have occurred upon receipt of a final judgement having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that it has investigated and determined that the Contractor has violated the Fair Employ- ment Practices Act and has issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Fair Employment Practices provision, the State shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State in securing the goods or services hereunder shall be borne and paid for by the Contractor and by his/her surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the price named in the contract and the actual cost thereof to the State. *See Labor Code Sections 1411 - 1432.5 for further details. STD. 3 (8/77) 5495;-750 75 M J;P EXHIBIT A PARCEL 1 Lots 1-12 inclusive and Lots 15-18 inclusive of TRACT NO. 2030, FIFTH STREET PLACE SUBDIVISION, in the County of San Bernardino, State of California, as per plat recorded in Book 29 of Maps, page 49, records of said County. PARCEL 2 All that portion of Lot A (Dillon Alley), Tract No. 2030, FIFTH STREET PLACE SUBDIVISION, in the County of San Bernardino, State of California, as per plat recorded in Book 29 of Maps, page 49, records of said County, lying north of the North line of Fifth Street and south of the South line of Sixth Street. PARCEL 3 Lots 1-14 inclusive, TRACT NO. 2275, FIFTH STREET PLACE, UNIT NO. 2, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 32 of Maps, page 67, records of said County. PARCEL 4 A 60 foot wide street bearing the name Cottage Avenue (now Lugo Avenue) as dedicated on TRACT NO. 2030, FIFTH STREET PLACE SUBDIVISION, as per plat recorded in Book 29 of Maps, page 49; and TRACT NO. 2275, FIFTH STREET PLACE, UNIT NO. 2, as per plat recorded in Book 32 of Maps, page 67, all in the City of San Bernardino, County of San Bernardino, State of California. -15- PARCEL 5 Lots 1, 2, 3, 4, 7 and 8, and the East 209.98 feet of Lot 9, Block 4, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County. PARCEL 6 That portion of Lot 6, Block 4, of the Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: Beginning at the Southwest corner of said Lot 6; thence East along the South 1 i ne of said Lot 6 to a point 400 feet West of the West line of Waterman Avenue; thence North and parallel with the West line of Waterman Avenue to the Southerly right of way line of the Pacific Electric Railway Company, as conveyed to said Railroad Co., by Deed recorded February 4, 1889, in Book 92, page 152, of Deeds; thence Northwesterly along the Southerly right of way line of the Pacific Electric Railway Company to the North line of said Lot 6; thence West along the North line of said Lot 6 to the Northwest corner of said Lot 6; thence South along the West line of said Lot 6 to the point of beginning. -16- PARCEL 7 That portion of Lot 6, Block 4, of the Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: Beginning at a point on the South line of said Lot 6, which point is 350 feet West of the West line of Waterman Avenue; thence North and parallel with the West line of Waterman Avenue, 391.33 feet; thence West and parallel with the South line of said Lot 6, 50 feet; thence South and parallel with the West line of Waterman Avenue, 391.33 feet to the South line of said Lot 6; thence East along the South line of said Lot 6, 50 feet to the point of beginning. PARCEL 8 A portion of Lot 6, Block 4, RANCHO SAN BERNARDINO, in the County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: BEGINNING at a point in the East line of said Lot 6, Block 4 of said Rancho San Bernardino, said point being in the West line of Waterman Avenue and being 391.33 feet North of the Southeast corner of said Lot 6, Block 4 of said Rancho San Bernardino; thence Northerly along the West line of Waterman Avenue 212.50 feet to the South right of way line of the Pacific Electric Railway Company; thence Westerly along the South line of the right of way of the Pacific Electric Railway Company, 351 feet, more or less, to a point 350 feet -17- West of the West line of Waterman Avenue to the True Point of Beginning; thence continuing Westerly along the South line of the right of way of the Pacific Electric Railway Company 50 feet, more or less, to a point 400 feet West of the West line of Waterman Avenue; thence Southerly and parallel with the West line of Waterman Avenue, 228.67 feet, more or less, to a point 391.33 feet North of the South line of said Lot 6, Block 4 of said Rancho San Bernardino, said South line of said Lot 6, Block 4, of said Rancho San Bernardino being the North line of Fifth Street; thence Easterly and parallel with the South line of said Lot 6, Block 4 of said Rancho San Bernardino, 50 feet; thence Northerly and parallel with the West line of Waterman Avenue, 225 feet to the true point of beginning. PARCEL 9 All that portion of Lot 6, Block 4, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, as described in that certain right of way conveyed to the San Bernardino Arrowhead and Waterman Railroad Co., on September 30, 1889, in Book 104, page 170, of Deeds, said property being more particularly described as follows: A strip of land 25 feet in width, being a portion of Lots 5 and 6 in said Block 4, described as follows: Commencing at the point of intersection of the centerline of location of said railroad with the East boundary line fence of said Lot 6, at a point known as Station 18+63; thence running North along said fence 12-5/10 feet; thence Westerly 12.5 feet from and parallel to said centerline of location, a distance of 391-9/10 feet to the West boundary line fence of said Lot 5, in said Block; thence South along said fence 25 feet to a point 6 feet North of the Southwest corner of said Lot 5; thence Easterly 12.5 feet from and parallel to said centerline of location, a distance of 391-9/10 feet to the said East boundary line fence of said Lot 6; thence North 12-5/10 feet to the place of beginning. EXCEPTING THEREFROM any portion which may be included within the following described property: All that certain piece or parcel of land being a portion of Lot 6, Block 4, Rancho San Bernardino, as per plat recorded in Book 7 of Maps, page 2, records of the County Recorder of San Bernardino County and being more particularly described as follows, to -wit: Beginning at a point in the East line of said Lot 6, Block 4 of said Rancho San Bernardino, said point being in the West line of Waterman Avenue and being 391.33 feet North of the Southeast corner of said Lot 6, Block 4 of said Rancho San Bernardino; thence Northerly along the West line of Waterman Avenue 212.50 feet to the South right of way line of the Pacific Electric Railway Company; thence Westerly along the South right of way line of the Pacific Electric Railway Company, 401.25 feet, more or less, to a point 400 feet West of the West line of Waterman Avenue; thence Southerly and parallel with the West line of Waterman Avenue, 228.67 feet, more or less, to a point 391.33 feet North of the South line of said Lot 6, Block 4 of said Rancho San Bernardino, -19- said South line of said Lot 6, Block 4 of said Rancho San Bernardino being the North line of Fifth Street; thence Easterly and parallel with the South line of said Lot 6, Block 4 of said Rancho San Bernardino, 400 feet to the point of beginning. ALSO EXCEPTING THEREFROM any portion which may be included within the following described property: All that portion of Lot 6, Block 4, Rancho San Bernardino, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: BEGINNING at the Northeast corner of said Lot 6, Block 4 of said Rancho Sari Bernardino; thence Southerly along the East line of said Lot 6 to the Northerly right of way line of the Pacific Electric Railway Company; thence Westerly along said Northerly right of way line of the Pacific Electric Railway Company to the North line of said Lot 6, Block 4 of said Rancho San Bernardino; thence Easterly along said North line of said Lot 6, Block 4 of said Rancho San Bernardino to the point of beginning. Said parcel of land being further described as all that portion of Lot 6, Block 4 of said Rancho San Bernardino lying North of the Northerly right of way line of the Pacific Electric Railway Company. ALSO EXCEPTING THEREFROM all that portion lying within Lot 5 of said Block 4. -20- PARCEL 10 All that portion of Lot 6, Block 4, RANCHO SAN BERNARDINO, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: BEGINNING at the Northeast corner of said Lot 6, Block 4 of said Rancho San Bernardino; thence Southerly along the East line of said Lot 6 to the northerly right of way line of the Pacific Electric Railway Company; thence Westerly along said Northerly right of way line of the Pacific Electric Railway Company to the North line of said Lot 6, Block 4 of said Rancho San Bernardino; thence Easterly along said North line of said Lot 6, Block 4 of said Rancho San Bernardino to the POINT OF BEGINNING. Said parcel of land being further described as all that portion of Lot 6, Block 4 of said Rancho San Bernardino, lying North of the Northerly right of way line of the Pacific Electric Railway Company. PARCEL 11 All that portion of Lot 5, Block 4, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, lying within that certain strip of land, 25 feet in width, as described in that certain grant of right of way to San Bernardino Arrowhead and Waterman Railway Co., by Deed recorded on September 30, 1889, in Book 104, page 170, of Deeds. -21- EXCEPTING THEREFROM all that portion as described as all that portion of Lot 5, Block 4, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: Beginning at a point on the Northerly line of said Block 4, a distance of 400 feet Westerly from the Northeast corner thereof, said Northeast corner being also on the intersection of the Westerly line of Waterman Avenue and the Southerly line of Seventh Street, as shown on the Map of said Tract; thence along the Southerly line of said Seventh Street, North 890 29' 47" West 58.56 feet; thence South 00 18' 40" West 633.77 feet; thence South 890 45' 40" East 58.68 feet to a point which lies North 890 45' 40" West, a distance of 400 feet from the Easterly line of said Block 4; thence North 00 17' 50" East 633.50 feet to the point of beginning. ALSO EXCEPTING THEREFROM that portion of Lots 5 and 6, of Block 4, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: COMMENCE at the intersection of the East line of said Lot 6, with the Northerly right of way line of the Pacific Electric Railway Company; thence North along the East line of said Lots 6 and 5, a distance of 641 feet to the Northeast Corner of said Lot 5; thence West along the North line of said Lot 5, a distance of 400 feet; thence South parallel with the East line of said Lot 5, to a point on said Northerly right of way line of the Pacific Electric Railway Company; thence Easterly along the Northerly right of way line to the point of beginning. -22- PARCEL 12 BEING all that portion of Block 4, RANCHO SAN BERNARDINO, as per plat recorded in Book 7, Page 2 of Maps, records of San Bernardino County, and more particularly described as follows: BEGINNING at a point on the Northerly line of said Block 4, a distance of 400 feet Westerly from the northeast corner thereof, said northeast corner being also on the intersection of the Westerly line of Waterman Avenue and the Southerly line of Seventh Street, as shown on said Map of RANCHO SAN BERNARDINO. THENCE along the Southerly line of Seventh Street, North 890 29' 47", West 58.56 feet; THENCE South 00 18' 40" West 633.77 feet; THENCE South 890 45' 40" East 58.68 feet to a point which lies North 890 45' 40" West, a distance of 400 feet from the Easterly line of said Block 4; THENCE North 00 17' 59" East 633.50 feet to the point of beginning. PARCEL 13 All that certain real property situate in the County of San Bernardino, State of California, more particularly described as follows: -23- Lot 5, Block 4, of the Rancho San Bernardino, per plat recorded in Book 7 of Maps, page 2, records of said County, Except the following described Parcel: Commencing at the intersection of the East line of Lot 6, Block 4, of the Rancho San Bernardino, per plat recorded in Book 7 of Maps, page 2, records of said County, with the Northerly right of way line of the Pacific Electric Railway Company, said point being also on the West line of Waterman Avenue; THENCE NORTHERLY, along said West line of Waterman Avenue, being also the East line of Lots 5 and 6, Block 4, according to the above-mentioned plat, 50.00 feet to the TRUE POINT OF BEGINNING of the herein -described parcel; thence from said TRUE POINT OF BEGINNING, WESTERLY, perpendicular to said West line of Waterman Avenue, 350.00 feet; thence NORTHERLY, parallel with said West line of Waterman Avenue, 102.58 feet; thence EASTERLY, along a line perpendicular to said West line of Waterman Avenue, 200.00 feet; thence NORTHERLY, parallel with said West line of Waterman Avenue, 150.00 feet; thence EASTERLY, along a line perpendicular to said West line of Waterman Avenue, 150.00 feet to said West line of Waterman Avenue, being also the East line of said Lot 5; thence SOUTHERLY along said West line of Waterman Avenue 252.58 feet to the TRUE POINT OF BEGINNING. EXCEPTING all that portion thereof adjudged as being owned by the City of San Bernardino according to that certain JUDGMENT of the Superior Court of the County of San Bernardino, Superior Court Case No. 98899, recorded January 15, 1960 in Book 5033, page 431, Official Records of said County, described as follows: -24- All that portion of Block 4, Rancho San Bernardino, per plat recorded in Book 7, page 2 of maps, records of said County, more particularly described as follows: BEGINNING at a point on the Northerly line of said Block 4, a distance of 400 feet Westerly from the Northeast corner thereof, said Northeast corner being also on the intersection of the Westerly line of Waterman Avenue and the Southerly line of Seventh Street, as shown on said Map of Rancho San Bernardino; THENCE along the Southerly line of Seventh Street, North 890 29' 47" West 58.56 feet; thence South 000 18' 40" West 633.77 feet; thence South 890 45' 40" East 58.68 feet to a point which lies North 890 45' 40" West, a distance of 400 feet from the Easterly line of said Block 4; thence North 000 17' 59" East 633.50 feet to the Point of Beginning. PARCEL 14 All that portion of Seventh Street as shown on Map of Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, lying West of the West line of Waterman Avenue and East of the East line of Sierra Way. PARCEL 15 The North 0.35 feet of the South 100.35 feet of the East 60 feet of Lot 6, Block 3, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County. -25- PARCEL 16 The East 76 feet of the South 100 feet of Lot 6, Block 3, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County. PARCEL 17 The West 98 feet of the East 174 feet of the South 100 feet of Lot 6, Block 3, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County. PARCEL 18 All that portion of Lot 6, Block 3, RANCHO SAN BERNARDINO, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 7 of Maps, page 2, records of said County, described as follows: Beginning at a point in the South line of said Lot, 174.00 feet West of the Southeast corner thereof; thence North parallel with the East line of said Lot, 200.00 feet; thence West parallel with the South line of said Lot, to a point 22.00 feet East of the West line of said Lot 6; thence South to a point 22.00 feet East of the Southwest corner of said Lot; thence East to the point of beginning. -26- PARCEL 19 The North 100 feet of the South 200 feet of the East 174 feet of Lot 6, Block 3, RANCHO SAN BERNARDINO, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County. EXCEPTING THEREFROM the South 0.35 feet of the East 60 feet of said Lot. Together with a right of way and easement for ingress and egress over and across the West 200 feet of the South 100 feet of the East 174 feet of said land. PARCEL 20 The West 22 feet of Lot 6, Block 3, Rancho San Bernardino, in the County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County. PARCEL 21 Lot 7, Block 3, RANCHO SAN BERNARDINO, in the County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County. -27- EXCEPTING THEREFROM the North 175 feet of the West 90 feet of said Lot 7, Block 3. PARCEL 22 All that portion of Lot 4, in Block 3, RANCHO SAN BERNARDINO, in the County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: BEGINNING at a point in the North line of said Lot 4; said North line being the South line of Ninth Street, 136.5 feet East of the Northwest corner of said Lot 4; thence East along the South line of Ninth Street 72.15 feet to a point 167.19 feet West of Northeast corner of said Lot 4; thence Southeasterly 661.30 feet to the Southeast corner of said Lot 4; thence West along the South line of said Lot 4, 239.72 feet to a point 136.5 feet East of the Southwest corner of said Lot 4; thence North 638.52 feet to the point of beginning. Excepting therefrom the North 485 feet measured at right angles to the West line of the parcel described above. Also excepting therefrom any portion lying within the west 2 acres of said Lot 4. F -5999D PERM sm EXHIBIT "B" PARCEL NO. 1: Lots 1 through 12, inclusive, of FIFTH STREET PLACE, UNIT NO. 2, TRACT NO. 2275, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 32 of Maps, page 67, records of said County. PARCEL NO. 2: The East 209.98 feet of Lot 9, Block 4, RANCHO SAN BERNARDINO, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County. PARCEL NO. 3: Lot 8, Block 4, RANCHO SAN BERNARDINO, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County. PARCEL NO. 4: That portion of Lot 7, Block 4, of the Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: -29- Beginning at a point on the South line of said Lot 7, which is 650 feet West of the West line of Waterman Avenue; thence North and parallel with the West line of Waterman Avenue to the North line of said Lot 7; thence West along the North line of said Lot 7 to the Northwest corner thereof; thence South along the West line of said Lot 7 to the Southwest corner thereof; thence East along the South line of said Lot 7 to the point of beginning. PARCEL N0. 5: That portion of Lot 7, Block 4, of the Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: Beginning at a point on the South line of said Lot 7, which is 600 feet West of the West line of Waterman Avenue; thence North and parallel with the West line of Waterman Avenue to the North line of said Lot 7; thence West along the North line of said Lot 7, 50 feet; thence South and parallel with the West line of Waterman Avenue to the South line of said Lot 7; thence East along the South line of said Lot 7; 50 feet to the point of beginning. PARCEL N0. 6: That portion of Lot 7, Block 4, of the Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 8, records of said County, described as follows: -30- Beginning at a point on the South line of said Lot 7, which point is 600 feet West of the West line of Waterman Avenue; thence East along the South line of said Lot 7 to the Southeast corner of said Lot 7; thence North along the East line of said Lot 7 to the Northeast corner of said Lot 7; thence West along the North line of said Lot 7 to a point 600 feet 'West of the West line of Waterman Avenue; thence South and parallel with the West line of Waterman Avenue to the point of beginning. PARCEL N0. 7: That portion of Lot 6, Block 4, of the Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: Beginning at the Southwest corner of said Lot 6; thence East along the South line of said Lot 6 to a point 400 feet West of the West line of Waterman Avenue; thence North and parallel with the West line of Waterman Avenue to the Southerly right of way line of the Pacific Electric Railway Company, as conveyed to said Railroad Co., by Deed recorded February 4, 1889, in Book 92, page 152, of Deeds; thence Northwesterly along the Southerly right of way line of the Pacific Electric Railway Company to the North line of said Lot 6; thence West along the North line of said Lot 6 to the Northwest corner of said Lot 6; thence South along the West line of said Lot 6 to the point of beginning. -31- PARCEL N0. 8: That portion of Lot 6, Block 4, of the Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: Beginning at a point on the South line of said Lot 6, which point is 350 feet West of the West line of Waterman Avenue; thence North and parallel with the West line of Waterman Avenue, 391.33 feet; thence West and parallel with the South line of said Lot 6, 50 feet; thence South and parallel with the West line of Waterman Avenue, 391.33 feet to the South line of said Lot 6; thence East along the South line of said Lot 6, 50 feet to the point of beginning. PARCEL N0. 9: All that portion of Lot 5, Block 4, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: Beginning at a point on the Northerly line of said Block 4, a distance of 400 feet Westerly from the Northeast corner thereof, said Northeast corner being also on the intersection of the Westerly line of Waterman Avenue and the Southerly line of Seventh Street, as shown on the Map of said Tract; thence along the Southerly line of said Seventh Street, North 890 29' 47" West 58.56 feet; thence South 00 18' 40" West 633.77 feet; thence -32- South 800 45' 40" East 58.68 feet to a point which lies North 890 45' 40" West, a distance of 400 feet from the Easterly line of said Block 4; thence North 00 17' 59" East 633.50 feet to the point of beginning. PARCEL N0. 10: All that portion of Lot 4, Block 4, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, lying North of the Pacific Electric Railway Company right of way, as conveyed to said Railroad Co., by Deed recorded February 4, 1889, in Book 92, page 152, of Deeds. PARCEL N0. 11: That portion of Lot 4, Block 4, of the Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: Beginning at the Southeast corner of said Lot 4; thence North along the East line of said Lot 4 to the Southerly right of way line of the Pacific Electric Railway Company, as conveyed to said Railway Co., by Deed recorded February 4, 1889, in Book 92, page 152, of Deeds; thence Northwesterly along the Southerly right of way line of the Pacific Electric Railway Company, 218.37 feet to a point 600 feet West of the West line of Waterman Avenue; thence South and -33- parallel with the West line of Waterman Avenue to the South line of said Lot 4; thence East along the South line of said Lot 4 to the point of beginning. PARCEL N0. 12: That portion of Lot 4, Block 4, of the Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: Beginning at a point on the South line of said Lot 4, which is 600 feet West of the West line of Waterman Avenue; thence North and parallel with the West line of Waterman Avenue to the Southerly right of way line of the Pacific Electric Railway Company, as conveyed to said Railroad Co., by Deed recorded February 4, 1889, in Book 92, page 152, of Deeds; thence Northwesterly along said Southerly right of way line 54.37 feet to a point 650 feet West of the West line of Waterman Avenue; thence South and parallel with the West line of Waterman Avenue to the South line of said Lot 4; thence East along the South line of said Lot 4, 50 feet to the point of beginning. PARCEL N0. 13: All that portion of Lot 4, Block 4, of the Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: -34- Beginning at the Southwest corner of said Lot 4; thence East along the South line of said Lot 4 to a point 650 feet West of the West line of Waterman Avenue; thence North and parallel with the West line of said Waterman Avenue to the Southerly right of way line of the Pacific Electric Railway Company, as conveyed to said Railroad Co., by Deed recorded February 4, 1889, in Book 92, page 152 of Deeds; thence Northwesterly along said Southerly right of way line to its intersection with the West line of said Lot 4; thence South along the West line of said Lot to the point of beginning. PARCEL N0. 14: All that portion of the East 1/2 of Lot 3, Block 4, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, lying Southerly of the Southerly right of way line of the Pacific Electric Railway Company right of way as described in Book 92, page 152 of Deeds, records of said County. PARCEL N0. 15: All that portion of the East 1/2 of Lot 3, Block 4, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, lying Northerly of the Pacific Electric Railway Company right of way, as described in Book 92, page 152 of Deeds, records of said County. -35- PARCEL NO. 16: Portion of Lot 3, in Block 4 of RANCHO SAN BERNARDINO, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, in the office of the County Recorder of said County, described as follows: COMMENCING at the Northeast corner of the West 1/2 of said Lot 3; thence West 48 feet 10 inches; thence South 300 feet; thence East 48 feet 10 inches; thence North 300 feet to the point of beginning. EXCEPTING THEREFROM any portion thereof lying within the right of way of the Pacific Electric Railway Company. PARCEL NO. 17: All that portion of Lot 3, Block 4, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, in the office of the County Recorder of said County, described as follows: Beginning at the Northwest corner of that certain piece of land described in deed from San Bernardino Arrowhead and Waterman Railroad Company to M. B. Garner recorded February 26, 1889, in Book 90, page 390, of Deeds in the office of said Recorder; thence Westerly along the Westerly prolongation of ff9r-19 the Northerly line of above-described land 75 feet to a point of intersection with a line parallel to and distant Westerly 75 feet, measured at right angles, from the Westerly line of above-described land; thence Southerly along said parallel line to a point that intersects the Northeasterly line of that certain piece of land described in the deed from the Pacific Electric Railway Company to Dennet Withington, recorded June 19, 1944, in Book 1683, page 426 of Official Records in the office of said Recorder; thence Southeasterly along the Northeasterly line of above-mentioned land to a point that intersects the Westerly prolongation of the Southerly line of first mentioned land; thence Easterly along last said prolongation to a point that intersects the Northeasterly line of the property described as being excepted in first mentioned deed; thence Northwesterly along last said line to a point in the Westerly line of first mentioned deed; thence Northerly along last said Westerly line to the Point of Beginning. EXCEPTING THEREFROM that portion of said property lying below a depth of 500 feet measured vertically from the contour of the surface thereof; provided, however, that Grantor, its successors and assigns, shall not have the right for any purpose whatsoever to enter upon, into, or through the surface of the property granted herein or any part thereof lying between said surface and 500 feet below said surface, as reserved in deed from Southern Pacific Transportation Company to City of San Bernardino recorded January 2, 1975 in Book 8586, page 630. -37- PARCEL N0. 18: That portion of Lot 3, Block 4, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as recorded in Book 7 of Maps, page 2, records of said County, described as follows: Beginning at a point in said Lot 3, said point being more particularly described as the Northeast corner of the property conveyed to Agnes Lindner by deed dated May 10, 1888 and recorded May 12, 1888 in Book 76, page 102 of Deeds in the office of the County Recorder; thence running South 60 feet; thence running Northwest 85 feet to the North boundary line of said land; thence East 65 feet to the point of beginning. PARCEL N0. 19: A portion of Lots 1, 2 and 3, Block 4 of the Five Acre Survey of Rancho San Bernardino, in the County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, more particularly described as follows: Beginning at the Northwest corner of that certain real property described in the deed from H. C. Rolfe to the San Bernardino, Arrowhead and Waterman Railroad Company, recorded in Book 68, page 354 of Deeds, said Northwest corner being at the intersection of the Easterly line of Sierra Way (82.5 feet wide) and the Southerly line of Seventh Street (82.5 feet wide); thence South so along said Easterly line of Sierra Way, 300 feet to the Southwest corner of said real property; thence East along the Southerly line of said real property, 28.6 feet to the true point of beginning, whence the center of a curve bears South 670 30' 27" East, 382.5 feet; thence from said true point of beginning Easterly along the arc of said curve, 599.88 feet; thence along a tangent line South 670 39" East, 29.16 feet to the beginning of a tangent curve concave to the Southwest and having a radius of 556 feet; thence Southeasterly along the arc of last mentioned curve, 282.23 feet; thence on a tangent line South 380 34' East, 36.75 feet to a point in the Southerly line of said real property; thence West along said Southerly line, 772.03 feet to the true point of beginning. PARCEL NO. 20: The West 22 feet of Lot 6, Block 3, RANCHO SAN BERNARDINO, in the County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County. PARCEL NO. 21: Lot 7, Block 3, RANCHO SAN BERNARDINO, in the County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County. EXCEPTING THEREFROM the North 175 feet of the West 90 feet of said Lot 7, B1 ock 3. -39- PARCEL NO. 22: All that portion of Lot 4, in Block 3, Rancho San Bernardino, in the County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: BEGINNING at a point in the North line of said Lot 4; said North line being the South line of Ninth Street, 136.5 feet East of the Northwest corner of said Lot 4; thence East along the South line of Ninth Street 72.15 feet to a point 167.19 feet West of Northeast corner of said Lot 4; thence Southeasterly 661.30 feet to the Southeast corner of said Lot 4; thence West along the South line of said Lot 4, 239.72 feet to a point 136.5 feet East of the Southwest corner of said Lot 4; thence North 638.52 feet to the point of beginning. EXCEPTING THEREFROM the North 485 feet measured at right angles to the West line of the aforementioned parcel. ALSO EXCEPTING THEREFROM any portion lying within the West 2 acres of said Lot 4. PARCEL 23 All right, title, and interest in that certain property conveyed to the City of San Bernardino described in the deed recorded January 2, 1975 in Book 8586, page 627, official records of San Bernardino County. -40- Also excepting therefrom all oil, gas, hydrocarbons, or other minerals in and under the above described parcels of land without the right of surface entry for development thereof, and without the right of prospecting or extracting said minerals in such a manner that will disturb the surface of such property or any improvements placed in or upon the property in pursuit of its use for recreation. Also reserving to the City of San Bernardino all right, title, and interest in and to all water and water rights, whether surface or subsurface, or any other kind including all appurtenant water and water rights, and all water rights incident to the real property herein described, or used thereon or in connection therewith, and all other appurtenant rights and easements pertaining to said real property. Also reserving to the City of San Bernardino an easement for, and the right to construct, maintain, operate, and use pipe lines and appurtenant structures, in and across that portion of the following described land. All that portion of the North 1/2 of Lots 1, 2 and 3, Block 4 of the Five Acre Survey of Rancho San Bernardino, in the County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County. F -5999D PERM -41- 1'I 2'. 3 4 5 6 7 8 9 10i 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Recording Requested By: When Recorded Mail To: GRANT DEED THE CITY OF SAN BERNARDINO, a Municipal Corporation, in the County of San Bernardino, State of California hereinafter called "Grantor" for valuable consideration, does hereby grant to the State of California, hereinafter called "Grantee", all that real property described as follows: "For legal description of real property transferred and for reservations, exceptions, covenants, conditions, and restrictions relating thereto, see Exhibit "A" attached, which exhibit by this reference is incorporated herein for all purposes." IN WITNESS WHEREOF, The City of Sari Bernardino has caused this deed to be executed by its Mayor and City Clerk, pursuant to resolution of the Council authorizing such execution, this / day of 19L. ATTEST: C ty Clerk of said City THE CITY OF SAN BERNAR of Laid Ci COURT PAPER STATE OF CALIFORNIA STD_ 113 IREV. 8721 O=P �X H t f3 t T 1 STATE OF CALIFORNIA ) ss. 2 COUNTY OF SAN BERNARDINO) 3 4 On this day of 19 before me, the undersigned, a Notary Public in and for said County and State, residing 5 therein, duly commissioned and sworn, personally appeared , known to me to be the Mayor, and , known to me 6 to be the Clerk of the City of San Bernardino, the municipal corporation that executed the within instrument, and known to me to be the persons who executed 7 the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the same. 8 IN WITNESS WHEREOF, I have hereunto set my hand and official seal in 9 the County of San Bernardino, State of California, the day and year in this certificate first above written. 10 11 12 Notary Public in and for the County of 13 San Bernardino, State of California 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COURT PAPER STATE OF CALIFORNIA STD. 113 I REV. 9.72) OSP 2 1 CERTIFICATE OF ACCEPTANCE 2 3 PROJECT: Seccombe Lake Project 4 PARCEL: City of San Bernardino (35+ acres) 5 6 The Department of Parks and Recreation, acting through the Director of Parks and Recreation, pursuant to Section 5005 of the Public Resources Code, does 7 hereby accept on behalf of the State of California the gift of title to or interest in real property described in the attached conveyance from the City 8 of San Bernardino, dated , to be added to or used in connection with the State Park System, and pursuant to Section 27281 of the 9 Government Code consents to the recordation of said conveyance. 10 Date: 11 DEPARTM �OF PARKS AND RECREATION 12 13 By • , lkye� 14 15 The Director of Finance does hereby approve the acceptance of this conveyance by the Department of Parks and Recreation. 16 17 Date: 18 DIRECTOR OF FINANCE IN 21 22 23 24 26 27 COURT PAPER STATE OF CALIFORNIA STD. 113 REV. 6.721 OSP M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COURT PAPER STATE OF CALIFORNIA STD. 113 [REV. 8-72� OSP EXHIBIT A-1 PARCEL NO. 1: Lots 1 through 12, inclusive, of FIFTH STREET PLACE, UNIT NO. 2, TRACT NO. 2275, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 32 of Maps, page 67, records of said County. PARCEL NO. 2: The East 209.98 feet of Lot 9, Block 4, RANCHO SAN BERNARDINO, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County. PARCEL NO. 3: Lot 8, Block 4, RANCHO SAN BERNARDINO, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County. PARCEL NO. 4: That portion of Lot 7, Block 4, of the Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: al 1 Beginning at a point on the South line of said Lot 7, which is 650 feet West 2 of the West line of Waterman Avenue; thence North and parallel with the West 3 line of Waterman Avenue to the North line of said Lot 7; thence West along the 4 North line of said Lot 7 to the Northwest corner thereof; thence South along 5 the West line of said Lot 7 to the Southwest corner thereof; thence East along 6 the South line of said Lot 7 to the point of beginning. 7 8 PARCEL N0. 5: 9 10 That portion of Lot 7, Block 4, of the Rancho San Bernardino, in the City of 11 San Bernardino, County of San Bernardino, State of California, as per plat 12 recorded in Book 7 of Maps, page 2, records of said County, descr bed as 13 follows: 14 15 Beginning at a point on the South line of said Lot 7, which is 600 feet West 16 of the West line of Waterman Avenue; thence North and parallel with the West 17 line of Waterman Avenue to the North line of said Lot 7; thence West along the 18 North line of said Lot 7, 50 feet; thence South and parallel with the West 19 line of Waterman Avenue to the South line of said Lot 7; thence East along the 20 South line of said Lot 7; 50 feet to the point of beginning. 21 22 PARCEL N0. 6: 23 24 That portion of Lot 7, Block 4, of the Rancho San Bernardino, in the City of 25 San Bernardino, County of San Bernardino, State of California, as per plat 26 recorded in Book 7 of Maps, page 8, records of said County, described as 27 follows: COURT PAPER STATE OF CALIFORNIA STD. 113 rREV. 072) OSP 5 1 Beginning at a point on the South line of said Lot 7, which point is 600 feet 2 West of the West line of Waterman Avenue; thence East along the South line of 3 said Lot 7 to the Southeast corner of said Lot 7; thence North along the East 4 line of said Lot 7 to the Northeast corner of said Lot 7;.thence West along 5 the North line of said Lot 7 to a point 600 feet West of the West line of 6 Waterman Avenue; thence South and parallel with the West line of Waterman 7 Avenue to the point of beginning. 8 9 PARCEL N0. 7: 10 11 That portion of Lot 6, Block 4, of the Rancho San Bernardino, in the City of 12 San Bernardino, County of San Bernardino, State of California, as per plat 13 recorded in Book 7 of Maps, page 2, records of said County, described as 14 follows: 15 16 Beginning at the Southwest corner of said Lot 6; thence East along the South 17 line of said Lot 6 to a point 400 feet West of the West line of Waterman 18 Avenue; thence North and parallel with the West line of Waterman Avenue to the 19 Southerly right of way line of the Pacific Electric Railway Company, as 20 conveyed to said Railroad Co., by Deed recorded February 4, 1889, in Book 92, 21 page 152, of Deeds; thence Northwesterly along the Southerly right of way line 22 of the Pacific Electric Railway Company to the North line of said Lot 6; 23 thence West along the North line of said Lot 6 to the Northwest corner of said 24 Lot 6; thence South along the West line of said Lot 6 to the point of 25 beginning. 26 27 COURT PAPER STATE OF CALIFORNIA STD. 1 13 1 REV. 8721 j OSP 6 1 2 til 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COURT PAPER STATE OF CALIFORNIA S TO. 113 (REV. 8.721 OSP PARCEL N0. 8: That portion of Lot 6, Block 4, of the Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: Beginning at a point on the South line of said Lot 6, which point is 350 feet West of the West line of Waterman Avenue; thence North and parallel with the West line of Waterman Avenue, 391.33 feet; thence West and parallel with the South line of said Lot 6, 50 feed; thence South and parallel with the West line of Waterman Avenue, 391.33 feet to the South line of said Lot 6; thence East along the South line of said Lot 6, 50 feet to the point of beginning. PARCEL N0. 9: All that portion of Lot 5, Block 4, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page'2, records of said County, described as follows: Beginning at a point on the Northerly line of said Block 4, a distance of 400 feet Westerly from the Northeast corner thereof, said Northeast corner being also on the intersection of the Westerly line of Waterman Avenue and the Southerly line of Seventh Street, as shown on the Map of said Tract; thence along the Southerly line of said Seventh Street, North 890 29' 47" West 58.56 feet; thence South 00 18' 40" West 633.77 feet; thence 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 South 800 45' 40" East 58.68 feet to a point which lies North 890 45' 40" West, a distance of 400 feet from the Easterly line of said Block 4; thence North 00 17' 59" East 633.50 feet to the point of beginning. PARCEL N0. 10: All that portion of Lot 4, Block 4, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, lying North of the Pacific Electric Railway Company right of way, as conveyed to said Railroad Co., by Deed recorded February 4, 1889, in Book 92, page 152, of Deeds. PARCEL N0. 11: That portion of Lot 4, Block 4, of the Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: 21 Beginning at the Southeast corner of said Lot 4; thence North along the East 22 line of said Lot 4 to the Southerly right of way line of the Pacific Electric 23 Railway Company, as conveyed to said Railway Co., by Deed recorded February 4, 24 1889, in Book 92, page 152, of Deeds; thence Northwesterly along the Southerly 25 right of way line of the Pacific Electric Railway Company, 218.37 feet to a 26 point 600 feet West of the West line of Waterman Avenue; thence South and 27 COURT PAPER STATE OF CALIFO fj NIA STD. 113 I REV. 0.721 OSP `•J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 COURT PAPER STATE OF CALIFORNIA STD. 113 1REV. 8721 OSP parallel with the West line of Waterman Avenue to the South line of said Lot 4; thence East along the South line of said Lot 4 to the point of beginning. PARCEL N0. 12: That portion of Lot 4, Block 4, of the Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: Beginning at a point on the South line of said Lot 4, which is 600 feet West of the West line of Waterman Avenue; thence North and parallel with the West line of Waterman Avenue to the Southerly right of way line of the Pacific Electric Railway Company, as conveyed to said Railroad Co., by Deed recorded February 4, 1889, in Book 92, page 152, of Deeds; thence Northwesterly along said Southerly right of way line 54.37 feet to a point 650 feet West of the West line of Waterman Avenue; thence South and parallel with the West line of Waterman Avenue to the South line of said Lot 4; thence East along the South line of said Lot 4, 50 feet to the point of beginning. PARCEL N0. 13: All that portion of Lot 4, Block 4, of the Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: n 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Beginning at the Southwest corner of said Lot 4; thence East along the South line of said Lot 4 to a point 650 feet'West of the West line of Waterman (Avenue; thence North and parallel with the West line of said Waterman Avenue to the Southerly right of way line of the Pacific Electric Railway Company, as conveyed to said Railroad Co., by Deed recorded February 4, 1889, in Book 92, page 152 of Deeds; thence Northwesterly along said Southerly right of way line to its intersection with the West line of said Lot 4; thence South along the West line of said Lot to the point of beginning. 1 PARCEL N0. 14: All that portion of the East 1/2 of Lot 3, Block 4, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, lying Southerly of the Southerly right of way line of the Pacific Electric Railway Company right of way as described in Book 92, page 152 of Deeds, records of said County. (PARCEL N0. 15: All that portion of the East 1/2 of Lot 3, Block 4, Rancho San Bernardino, in 22 the City of San Bernardino, County of San Bernardino, State of California, as 23 per plat recorded in Book 7 of Maps, page 2, records of said County, lying 24 Northerly of the Pacific Electric Railway Company right of way, as described 25 in Book 92, page 152 of Deeds, records of said County. 27 COURT PAPER STATE OF CALIFORNIA STO. 113 iREV. 8.72, OSP 10 1 2 3 4 5 6 7 8 9 10 111 12 13 14 15 16 17 18 19 20 21 22 23 24 PARCEL NO. 16: Portion of Lot 3, in Block 4 of RANCHO SAN BERNARDINO, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, in the office of the County Recorder of said County, described as follows: COMMENCING at the Northeast corner of the West 1/2 of said Lot 3; thence West 48 feet 10 inches; thence South 300 feet; thence East 48 feet 10 inches; thence North 300 feet to the point of beginning. EXCEPTING THEREFROM any portion thereof lying within the right of way of the Pacific Electric Railway Company. PARCEL NO. 17: All that portion of Lot 3, Block 4, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, in the office of the County Recorder of said County, described as follows: Beginning at the Northwest corner of that certain piece of land described in deed from San Bernardino Arrowhead and Waterman Railroad Company to M. B. Garner recorded February 26, 1889, in Book 90, page 390, of Deeds in the office of said Recorder; thence Westerly along the Westerly prolongation of the Northerly line of above-described land 75 feet to a point of intersection with a line parallel to and distant Westerly 75 feet, measured at right 11 25 26 27 COURT PAPER STATE OF CALIFORNIA STD. 113 (REV.8-721 OSP PARCEL NO. 16: Portion of Lot 3, in Block 4 of RANCHO SAN BERNARDINO, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, in the office of the County Recorder of said County, described as follows: COMMENCING at the Northeast corner of the West 1/2 of said Lot 3; thence West 48 feet 10 inches; thence South 300 feet; thence East 48 feet 10 inches; thence North 300 feet to the point of beginning. EXCEPTING THEREFROM any portion thereof lying within the right of way of the Pacific Electric Railway Company. PARCEL NO. 17: All that portion of Lot 3, Block 4, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, in the office of the County Recorder of said County, described as follows: Beginning at the Northwest corner of that certain piece of land described in deed from San Bernardino Arrowhead and Waterman Railroad Company to M. B. Garner recorded February 26, 1889, in Book 90, page 390, of Deeds in the office of said Recorder; thence Westerly along the Westerly prolongation of the Northerly line of above-described land 75 feet to a point of intersection with a line parallel to and distant Westerly 75 feet, measured at right 11 1 angles, from the Westerly line of above-described land; thence Southerly along 2 said parallel line to a point that intersects the Northeasterly line of that 3 certain piece of land described in the deed from the Pacific Electric Railway 4 Company to Dennet Withington, recorded June 19, 1944, in Book 1683, page 425 5 of Official Records in the office of said Recorder; thence Southeasterly along 6 the Northeasterly line of above-mentioned land to a point that intersects the 7 Westerly prolongation of the Southerly line of first mentioned land; thence 8 Easterly along last said prolongation to a point that intersects the 9 Northeasterly line of the property described as being excepted in first 10 mentioned deed; thence Northwesterly along last said line to a point in the 11 Westerly line of first mentioned deed; thence Northerly along last said 12 Westerly line to the Point of Beginning. 13 14 EXCEPTING THEREFROM that portion of said property lying below a depth of 15 500 feet measured vertically from the contour of the surface thereof; 16 provided, however, that Grantor, its successors and assigns, shall not have 17 the right for any purpose whatsoever to enter upon, into, or through the 18 surface of the property granted herein or any part thereof lying between said 19 surface and 500 feet below said surface, as reserved in deed from Southern 20 Pacific Transportation Company to City of San Bernardino recorded January 2, 21 1975 in Book 8586, page 630. 22 23 PARCEL NO. 18: 24 25 That portion of Lot 3, Block 4, Rancho San Bernardino, in the City of San 26 Bernardino, County of San Bernardino, State of California, as recorded in 27 Book 7 of Maps, page 2, records of said County, described as follows: COURT PAPER STATE OF CALIFORNIA STO. 113 ,REV. 8.721 OSP 12 1 Beginning at a point in said Lot 3, said point being more particularly 2 described as the Northeast corner of the property conveyed to Agnes Lindner by 3 deed dated May 10, 1888 and recorded May 12, 1888 in Book 76, page 102 of. 4 Deeds in the office of the County Recorder; thence running South 60 feet; 5 thence running Northwest 85 feet to the North boundary line of said land; 6 thence East 65 feet to the point of beginning. 7 8 PARCEL N0. 19: 9 10 A portion of Lots 1, 2 and 3, Block 4 of the Five Acre Survey of Rancho San 11 Bernardino, in the County of San Bernardino, State of California, as per plat 12 recorded in Book 7 of Maps, page 2, records of said County, more particularly 13 described as follows: 14 15 Beginning at the Northwest corner of that certain real property described in 16 the deed from H. C. Rolfe to the San Bernardino, Arrowhead and Waterman 17 Railroad Company, recorded in Book 68, page 354 of Deeds, said Northwest 18 corner being at the intersection of the Easterly line of Sierra Way (82.5 feet 19 wide) and the Southerly line of Seventh Street (82.5 feet wide); thence South 20 along said Easterly line of Sierra Way, 300 feet to the Southwest corner of 21 said real property; thence East along the Southerly line of said real 22 property, 28.6 feet to the true point of beginning, whence the center of a 23 curve bears South 670 30' 27" East, 382.5 feet; thence from said true point 24 of beginning Easterly along the arc of said curve, 599.88 feet; thence along a 25 tangent line South 670 39" East, 29.16 feet to the beginning of a tangent 26 curve concave to the Southwest and having a radius of 556 feet; thence 27 Southeasterly along the arc of last mentioned curve, 282.23 feet; thence on a COURT PAPER STATE OF CALIFORNIA STO. 113 1 REV. 8.721 OSP 13 1 tangent line South 380 34' East, 36.75 feet to a point in the Southerly line 2 of said real property; thence West along said Southerly line, 772.03 feet to 3 the true point of beginning. 4 5 PARCEL NO. 20: 6 7 The West 22 feet of Lot 6, Block 3, RANCHO SAN BERNARDINO, in the County of 8 San Bernardino, State of California, as per plat recorded in Book 7 of Maps, 9 page 2, records of said County. 10 11 PARCEL NO. 21: 12 13 Lot 7, Block 3, RANCHO SAN BERNARDINO, in the County of San Bernardino, State 14 of California, as per plat recorded in Book 7 of Maps, page 2, records of said 15 County. 16 17 EXCEPTING THEREFROM the North 175 feet of the West 90 feet of said Lot 7, 18 Block 3. 19 20 PARCEL NO. 22: 21 22 All that portion of Lot 4, in Block 3, Rancho San Bernardino, in the County of 23 San Bernardino, State of California, as per plat recorded in Book 7 of Maps, 24 page 2, records of said County, described as follows: 25 26 BEGINNING at a point in the North line of said Lot 4; said North line being 27 the South line of Ninth Street, 136.5 feet East of the Northwest corner of COURT PAPER STATE OF CALIFORNIA STD. 113 ,REV. 8.72) OSP 14 1 said Lot 4; thence East along the South line of Ninth Street 72.15 feet to a 2 point 167.19 feet West of Northeast corner of said Lot 4; thence Southeasterly 3 661.30 feet to the Southeast corner of said Lot 4; thence West along the South 4 line of said Lot 4, 239.72 feet to a point 136.5 feet East of the Southwest 5 corner of said Lot 4; thence North 638.52 feet to the point of beginning. 6 7 EXCEPTING THEREFROM the North 485 feet measured at right angles to the West 8 line of the aforementioned parcel. 9 10 ALSO EXCEPTING THEREFROM any portion lying within the West 2 acres of said 11 Lot 4. 12 13 PARCEL 23 14 15 All right, title, and interest in that certain property conveyed to the City 16 of San Bernardino described in the deed recorded January 2, 1975 in Book 8586, 17 page 627, official records of San Bernardino County. 18 19 Also excepting therefrom all oil, gas, hydrocarbons, or other minerals in and 20 under the above described parcels of land without the right of surface entry 21 for development thereof, and without the right of prospecting or extracting 22 said minerals in such a manner that will disturb the surface of such property 23 or any improvements placed in or upon the property in pursuit of its use for 24 recreation. 25 26 Also reserving to the City of San Bernardino all right, title, and interest in 27 and to all water and water rights, whether surface or subsurface, or any other COURT PAPER STATE OF CALIFORNIA STD. 1 13 REV. 0721 OSP 15 1 kind including all appurtenant water and water rights, and all water rights 2 incident to the real property herein described, or used thereon or in 3 connection therewith, and all other appurtenant rights and easements 4 pertaining to said real property. 5 6 Also reserving to the City of San Bernardino an easement for, and the right to 7 construct, maintain, operate, and use pipe lines and appurtenant structures, 8 in and across that portion of the following described land. 9 10 All that portion of the North 1/2 of Lots 1, 2 and 3, Block 4 of the Five Acre 11 Survey of Rancho San Bernardino, in the County of San Bernardino, State of 12 California, as per plat recorded in Book 7 of Maps, page 2, records of said 13 County. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COURT PAPER STATE OF CALIFORNIA STD. 113 (REV. 8.721 OSP 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 271 COURT PAPER STATE OF CALIFORNIA 5 TD, 113 i REV. 8-721 OSP Also reserving to the City of San Bernardino an easement for, and the right to construct, maintain, operate, and use pipe lines and appurtenant structures, in and across Lot 7 in Block 3 of Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recordec in Book 7 of Maps, page 2, in the office of the County Recorder of said County. Grantor, and Grantee, for themselves and for their respective successors and assigns, of their respective interests herein referred to, agree that the easements herein reserved for pipelines and appurtenant structures and the rights therein, shall be subject to the following covenants and conditions with respect thereto: 1. Grantor agrees that Grantee has the right to the use of the property, upon which said easements are located, in any manner provided such use does not, in fact, unreasonably interfere with the use of said easements by Grantor. 2. Grantor agrees that the Grantee has the right to require Grantor at the expense of Grantee to remove and relocate all improvements placed by Grantor within said easements or any portion thereof upon determination by Grantee that said improvements interfere with the future development of Grantee's property. Grantor agrees that within 180 days after written notice from Grantee of such determination by Grantee and demand for removal and relocation of said improvements Grantor shall remove and relocate said improvements to a feasible location on the property of Grantee and Grantee shall furnish Grantor with a good and sufficient similar easement for said improvements in such new location and Grantor thereupon shall convey to Grantee the easement herein reserved or that portion thereof so relocated. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COURT PAPER STATE OF CALIFORNIA STD. 113 (REV. 872) OSP . 3. In the event of the termination of said easements or any portion thereof, Grantor shall, at Grantor's own expense, when requested in writing to do so by Grantee, remove all property and equipment placed by or for Grantor upon said premises and restore said premises as nearly as possible to the same state and condition they were in prior to the entry of Grantor upon said premises but, if Grantor shall fail to do so within 60 days after the aforesaid request is given, Grantee may do so all at the cost and expense of Grantor to be paid by Grantor upon demand. 4. Upon termination of said easements or any portion thereof, Grantor shall execute and deliver to Grantee within 30 days a good and sufficient quitclaim deed for said easements or such lesser portion terminated. 5. Grantor in the exercise of the rights herein reserved to Grantor shall at at times comply with all applicable laws and lawful regulations including such rules and regulations for the State Park System now in effect or hereinafter adopted. 6. Grantor hereby waives all claims and recourse against the Grantee including the right to contribution for loss or damage to persons or property arising from, growing out of, or in any way connected with or incident to the exercise of the easement herein reserved except claims arising from the concurrent or sole negligence of Grantee, its officers, agents, and employees. Grantor shall, to the extent it may legally do so and subject to availability of funds, indemnify, hold harmless, and defend Grantee, its officers, agents, and employees against any and all claims, demands, damages, 0 1 costs, expenses, or liability costs arising out of the acquisition, 2 development, construction, operation, or maintenance of the easement reserved 3 herein which claims, demands, or causes of action arise under Government Code 4 Section 895.2 or otherwise except for liability arising out of the concurrent 5 or sole negligence of Grantee, its officers, agents,-or employees. 6 7 In the event Grantee is named as co-defendant under the provisions of 8 the Government Code Sections 895, et seq., the Grantor shall notify Grantee of 9 such fact and shall represent Grantee in such legal action unless Grantee 10 undertakes to represent itself as co-defendant in such legal action in which 11 event Grantee shall bear its o-h litigation costs, expenses, and attorney's 12 fees. 13 14 In the event judgment is entered against Grantee and Grantor because 15 of the concurrent negligence of Grantee and Grantor, their officers, agents, 16 or employees, an apportionment of liability to pay such judgment shall be made 17 by a court of competent jurisdiction. Neither party shall request a ,jury 18 apportionment. 19 20 7. In respect to said easements for pipelines, Grantor further reserves 21 the right of reasonable ingress to and egress from said easements, provided, 22 however, that existing roads and trails shall be utilized for such purpose 23 whenever reasonably possible and further provided that if such road or trail 24 is not available Grantor shall secure the consent of the Grantee as to the 25 route or routes to be followed for the purpose of such ingress and egress. 26 Such rights of ingress and egress shall at all times be exercised in a manner 27 which will cause the least damage to the property of the Grantee. COURT PAPER STATE OF CALIFORNIA STD. 113 (REV. 6.721 OSP 19 1 2 3 i 6 7 M 91 10 11' 12 13 14 15 16 17 18 19 201 21 22 23 24 251 26 27 COURT PAPER STATE OF CALIFORNIA STD. 113 REV. 8-721 OSP 8. In reference to said reserved easements for pipelines purposes, upon completion of any work to be performed by Grantor on said reserved easements, Grantor shall restore the surface of the easements to a condition satisfactory to the Grantee. 9. In reference to said reserved easements for pipelines, no structure or facility, appurtenant to or used in connection with said easement, shall be placed above ground unless Grantor has obtained the prior written approval of Grantee of the plans and specifications therefore in each instance. 10. Anything herein to the contrary not withstanding the exercise of any of the rights reserved by the Grantor will not damage or disturb any improvements made to the property by the Grantee pursuant to a plan approved by the City of San Bernardino. This grant is made upon the following conditions subsequent: 1. That the property shall be used only for State Park System purposes and purposes consistent with State Park System purposes. 2. That the State of California shall expend for construction or development to carry out the General Plan for Seccombe Park (being prepared by the Grantor), after its approval by the State of California, the balance of funds available under Section 10, Chapter 86, Statutes of 1980, remaining after their use for acquisition, planning, and working drawings within 2 years of said approval or completion of said acquisition, whichever is later. Said General Plan will cover land conveyed by this deed and other land. 20 1 2 3 41 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Upon substantial breach of either of the conditions subsequent, Grantor shall have the right to re-enter the property. Upon re-entry, title to the property shall revert to and revest in Grantor. The failure of the Grantor in any one or more instance to exercise the right of re-entry on occurrence of such breach shall not be deemed a waiver of the condition, except that no cause of action for damages by Grantor against Grantee shall arise by reason of such breach. 25 26 27 D -0325Q COURT PAPER STATE OF CALIFORNIA STo. 113 REV. 8.72) OSP 21