HomeMy WebLinkAbout2018-274Resolution No. 2018-274
RESOLUTION NO. 2018-274
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING TEMPORARY RIGHT OF ENTRY
AGREEMENT WITH SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY FOR TEMPORARY
CONSTRUCTION ACTIVITIES ACROSS THE PARCELS
KNOWN AS APN 0136-033-27 AND 0136-122-78 IN
CONNECTION WITH THE REDLANDS PASSENGER
RAIL PROJECT
WHEREAS, The Mayor and City Council of the City of San Bernardino adopted
Resolution No. 2015-25 approving Memorandum of Understanding No. 15-1001182 regarding
the advancement of Redlands Passenger Rail Project;
WHEREAS, The Mayor and City Council of the City of San Bernardino adopted
Resolution No. 2015-27 approving supporting the Redlands Passenger Rail Project;
WHEREAS, Temporary access is required from the parcels known as APN 0136-033-27
and 0136-122-78 to perform construction activities in connection with the Redland Passenger
Rail Project; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or his designee is hereby authorized and directed to
execute the agreement with San Bernardino County Transportation Authority, a copy of which is
attached as Exhibit "A" and incorporated herein.
SECTION 3. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
Resolution No. 2018-274
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 7h day of November 2018.
U
R. Carey Daviniardino
Mayor
City of San B
Attest:
Georgeann Ha a, CMC, City Clerk
Approved as to form:
940P/lc
Gary D. Saenz, City Attorney
RIGHT OF ENTRY AGREEMENT
REDLANDS PASSENGER RAIL PROJECT
This Right of Entry Agreement ("Right of Entry") is entered in by the CITY OF
SAN BERNARDINO (referred to herein as "GRANTOR") and the SAN BERNARDINO
COUNTY TRANSPORTATION AUTHORITY (referred to herein as "GRANTEE").
GRANTOR and GRANTEE are sometimes individually referred to as "Party" and
collectively as "Parties."
RECITALS
A. GRANTOR is the owner of certain real property commonly referred to as
Assessor Parcel Numbers 0136-033-27 and 0136-122-78, having no known address in
San Bernardino, CA 92408 and which is more particularly described in Exhibits "1" and
"2" (the "Property'), wherein lie the parcels identified as RPRP 109L-012.1-TCE and
RPRP 109R-012.2-TCE more particularly described in Exhibits "3" and "4" respectively,
each of which is composed of a Legal Description Exhibit "A" and a Plat Exhibit "B"
("Right of Entry Areas"), attached hereto and incorporated herein by reference.
B. GRANTEE desires to obtain GRANTOR's permission to enter onto the
Property, on a temporary basis, in connection with GRANTEE's development of the
Redlands Passenger Rail Project ("Proposed Project"). The Proposed Project involves
the extension of passenger rail service along an approximately nine -mile corridor
extending east from the San Bernardino Transit Center to the University of Redlands.
C. The Parties wish to enter into this Right of Entry whereby GRANTOR will
allow GRANTEE to enter onto the Property, and specifically the Right of Entry Areas, on
a temporary basis, for the purpose of completing the Proposed Project.
NOW, THEREFORE, GRANTOR and GRANTEE do hereby agree as follows:
AGREEMENT
1. Right of Entry. GRANTOR hereby grants to GRANTEE and its agents,
employees and contractors the temporary right to enter onto the Property for the
purpose of completing the Proposed Project and for no other purpose. More
specifically, GRANTEE shall have the right to enter upon the Property and use the Right
of Entry Areas for construction activities, including, but not limited to, all purposes
connected with the laying down, use, and storage of tools, machinery, materials, and
equipment for the construction of the Proposed Project, together with the right of ingress
to and egress from the Right of Entry Areas and the right to enter, subject to Section 2
of this Right of Entry, including for vehicular and pedestrian access. Said access shall
be primarily to the areas facing the alignment of the railroad tracks affected by the
Proposed Project.
2. Notification. GRANTEE shall notify GRANTOR's Deputy Public Works
Director/City Engineer by email (gishta_al@sbcity.org) at least two (2) business day
prior to the exercise of GRANTEE's rights under this Right of Entry. GRANTOR shall
make the Property, and specifically the Right of Entry Areas, available and cooperate in
providing access on such days and at such times as GRANTEE shall reasonably
request for the purposes set forth in this Right of Entry.
3. Term. The term of this Right of Entry shall commence on the date this
Right of Entry is executed by all Parties hereto ("Effective Date"). This Right of Entry
shall automatically terminate February 28, 2021. The term may be extended by written
notice to GRANTEE in the sole and absolute discretion of GRANTOR. This Right of
Entry is subordinate to all prior or future rights and obligations of GRANTOR in the
Property, except that GRANTOR shall grant no rights inconsistent with the reasonable
exercise by GRANTEE of its rights under this Right of Entry.
4. Liens. GRANTEE shall not permit to be placed against the Property, or
any part thereof, any design professionals', mechanics', matedalmen's contractors' or
subcontractors' liens with regard to GRANTEE's actions upon the Property. GRANTEE
agrees to hold GRANTOR harmless for any loss or expense, including reasonable
attorneys' fees and costs, arising from any such liens which might be filed against the
Property.
5. Indemnification. GRANTEE hereby agrees to indemnify, defend, assume
all liability for and hold harmless GRANTOR and its officers, employees, agents and
representatives from all actions, claims, suits, penalties, obligations, liabilities, damages
to property, environmental claims or injuries to persons, which may be caused by
GRANTEE's activities pursuant to this Right of Entry or arising out of or in connection
with such activities, whether such activities or performance thereof is by GRANTEE or
anyone directly or indirectly employed or under contract with GRANTEE, and whether
such damage or claim shall accrue or be discovered before or after the termination of
this Right of Entry. The indemnity and other rights afforded to GRANTOR by this
section shall survive the revocation or termination of this Right of Entry.
6. Compliance with Laws/Permits. GRANTEE shall, in all activities
undertaken pursuant to this Right of Entry, comply and cause its contractors, agents
and employees to comply with all federal, state and local laws, statutes, orders,
ordinances, rules, regulations, plans, policies and decrees. Without limiting the
generality of the foregoing, GRANTEE, at its sole cost and expense, shall obtain any
and all permits which may be required by any law, regulation or ordinance for any
activities GRANTEE desires to conduct or have conducted pursuant to this Right of
Entry.
7. Inspection. GRANTOR and its representatives, employees, agents or
independent contractors may enter and inspect the Property or any portion thereof or
any improvements thereon at any time and from time to time at reasonable times to
verify GRANTEE's compliance with the terms and conditions of this Right of Entry.
8. Not Real Property Interest. It is expressly understood that this Right of
Entry is not exclusive and does not in any way whatsoever grant or convey any
permanent easement, lease, fee or other interest in the Property to GRANTEE.
2
9. Attorneys' Fees. In the event of a dispute, demand, claim, or action or
other proceeding between the Parties with respect to the interpretation of the terms or
conditions of this Right of Entry or the respective rights of the Parties pursuant to this
Right of Entry, the prevailing Party shall be entitled to collect from the other its
reasonable attorneys' fees, costs and expenses, and other costs of litigation, if any, as
established by the judge or arbitrator presiding over such dispute.
10. Revocable Licenses and Termination. Notwithstanding any sums
expended by GRANTEE in furtherance of this Right of Entry, the right of entry granted
herein is revocable and may be terminated by GRANTOR in accordance with the terms
of this Right of Entry. This Right of Entry may be terminated at any time by either party
upon thirty (30) business days' notice in writing to be served upon the other party. In
cases of an emergency or a breach of this Right of Entry, this Right of Entry may be
terminated immediately.
11. Restoration of the Prope. Upon the termination or revocation of this
Right of Entry, GRANTEE shall, at its own cost and expense, restore the Property to the
same condition in which it was prior to GRANTEE's entry. In case GRANTEE shall fail
to restore the Property to its prior condition within thirty (30) business days after the
effective date of the termination, the GRANTOR may proceed with such work at the
expense of GRANTEE.
12. Insurance. GRANTEE agrees to comply with the following insurance
requirements: Grantee is an authorized self-insured public entity for purposes of
Professional Liability, General Liability, Automobile Liability and Worker's Compensation
and warrant that through its program of self-insurance, it has adequate coverage or
resources to protect against liabilities arising out of the performance of the terms,
conditions or obligations of this Right of Entry.
13. Continuing Liability. No termination of this Right of Entry shall release
GRANTEE from any liability or obligation hereunder resulting from any acts, omissions
or events happening prior the termination of this Right of Entry and restoration of the
Property to its prior condition.
14. Incorporation of Recitals. The Recitals set forth above are true and
correct and are incorporated into this Right of Entry by this reference.
15. Counterparts. This Right of Entry may be executed in one or more
counterparts, each of which shall be deemed an original but all of which together shall
constitute one and the same instrument.
16. Authority to Enter Agreement. GRANTEE has all requisite power and
authority to conduct its business and to execute, deliver, and perform this Right of Entry.
Each Party warrants that the individuals who have signed this Right of Entry have the
legal power, right, and authority to make this Right of Entry and bind each respective
Party.
3
IN WITNESS WHEREOF, the Parties hereto have executed this Right of Entry
on the date as indicated below each Party's signature.
[SIGNATURES ON FOLLOWING PAGE]
4
SIGNATURE PAGE
TO
RIGHT OF ENTRY AGREEMENT
REDLANDS PASSENGER RAIL PROJECT
GRANTOR:
CITY OF SAN BERNARDINO
By:
"ndreaM.
City Manager
Date: I Z_ _(
5
GRANTEE:
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
By: -
Carrie Schindler, P.E.
Director of Transit and Rail
Programs
Date:
EXHIBIT 1 TO
AGREEMENT OF TEMPORARY RIGHT OF ENTRY
Attachment A — Legal Description of Property
[APN(s): 0136-033-27]
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL A:
THAT PORTION OF LOT 1, BLOCK 10 OF THE RANCHO SAN BERNARDINO, IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 2 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE WEST ALONG THE NORTH
LINE OF SAID LOT, 250.61 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF THE EASTERLY
2.00 ACRES OF SAID LOT 1; THENCE SOUTH 322.63 FEET, MORE OR LESS, TO THE NORTH LINE OF
THE 50.00 FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY; THENCE
EAST ALONG THE NORTH LINE OF SAID RAILWAY RIGHT OF WAY, 250.61 FEET, TO THE EAST LINE
OF SAID LOT 1; THENCE NORTH 322.63 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPT
THEREFROM THAT PORTION OF SAID LAND CONVEYED, AND AS SET FORTH AND DESCRIBED IN
THAT CERTAIN DOCUMENT RECORDED APRIL 3, 1968 IN BOOK 7002, PAGE 524 OF OFFICIAL
RECORDS. ALSO EXCEPT THEREFROM THAT POTION OF SAID LAND CONVEYED AND AS SET
FORTH AND DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED MARCH 22, 1973 IN BOOK 8145,
PAGE 207 OF OFFICIAL RECORDS.
PARCEL B:
THAT PORTION OF THAT CERTAIN PARCEL DESCRIBED IN DEED TO DON N. SMITH AND BARBARA
R. SMITH, ET AL RECORDED JUNE 8, 1966 IN BOOK 6640, PAGE 590 OF OFFICIAL RECORDS OF SAID
COUNTY LYING WITHIN THE FOLLOWING DESCRIBED PARCEL: A STRIP OF LAND, OF VARYING
WIDTH, LYING WITHIN BLOCK D OF PEPPERS SUBDIVISION, PER MAP RECORDED IN BOOK 17, PAGE
8 OF MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY; WITHIN LOT 1, BLOCK 10, RANCHO
SAN BERNARDINO PER MAP RECORDED IN BOOK 7, PAGE 2 OF MAPS IN THE OFFICE OF THE
RECORDER OF SAID COUNTY AND WITHIN BLOCKS 2 AND 3, CITY OF SAN BERNARDINO PER MAP
RECORDED IN BOOK 7, PAGE 1 OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY,
THE CENTERLINE OF IMPROVEMENT OF SAID STRIP OF LAND IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF ATHOL STREET, 60.00 FEET WIDE,
WITH A LINE PARALLEL WITH AND DISTANT 341.25 FEET WESTERLY, MEASURED AT RIGHT
ANGLES, FROM THE CENTERLINE OF ARROWHEAD AVENUE, 82.50 FEET WIDE, AS SHOWN ON SAID
MAP OF PEPPERS SUBDIVISION; THENCE NORTH ALONG SAID PARALLEL LINE 523.98 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 720.00 FEET;
THENCE NORTHERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 9° 59'25", A
DISTANCE OF 125.54 FEET; THENCE NORTH 9° 59' 25" EAST 85.86 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 600.00 FEET; THENCE
NORTHEASTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 120 09' 47", A
DISTANCE OF 127.37 FEET; THENCE NORTH 220 09' 12" EAST 114.35 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 300.00 FEET; THENCE NORTHERLY
ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 220 10'47", A DISTANCE OF 116.13
FEET; THENCE NORTH 0° 01' 35" WEST 112.91 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 300.00 FEET; THENCE NORTHEASTERLY ALONG
SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 280 32' 13", A DISTANCE OF 149.42 FEET;
THENCE NORTH 280 30' 38" EAST 49.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 300.00 FEET; THENCE NORTHEASTERLY ALONG SAID
TANGENT CURVE THROUGH A CENTRAL ANGLE OF 310 26' 42", A DISTANCE OF 164.65 FEET;
THENCE NORTH 590 57' 20" EAST 95.65 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 500.00 FEET; THENCE NORTHEASTERLY ALONG SAID
TANGENT CURVE THROUGH A CENTRAL ANGLE OF 100 22'00", A DISTANCE OF 90.47 FEET; THENCE
NORTH 490 35' 20" EAST 106.92 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 800.00 FEET; THENCE NORTHEASTERLY ALONG SAID
TANGENT CURVE THROUGH A CENTRAL ANGLE OF 90 26'55", A DISTANCE OF 131.93 FEET; THENCE
NORTH 400 08' 25" EAST 67.84 FEET TO A POINT ON THE CENTERLINE OF SECOND STREET, 82.50
FEET WIDE, AS SHOWN ON SAID MAP OF THE CITY OF SAN BERNARDINO, THE CENTERLINE
INTERSECTION OF SAID SECOND STREET AND SAID ARROWHEAD AVENUE BEING SOUTH 890 51'
25" WEST 333.37 FEET FROM SAID POINT. THAT PORTION OF SAID STRIP OF LAND LYING WITHIN
SAID LOT 1, BLOCK 10, RANCHO SAN BERNARDINO BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE INTERSECTION OF SAID CENTERLINE OF IMPROVEMENT WITH THE
NORTHERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RIGHT OF
WAY, 50.00 FEET WIDE, LYING BETWEEN SAID LOT 1, BLOCK 10 AND SAID PEPPERS SUBDIVISION;
THENCE SOUTH 890 59' 25" WEST, ALONG SAID NORTHERLY LINE, 18.00 FEET; THENCE NORTH 16°
44' 14" EAST 112.41 FEET TO A POINT THAT IS DISTANT 18.00 FEET WESTERLY, MEASURED AT
RIGHT ANGLES, FROM THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE IN SAID
CENTERLINE OF IMPROVEMENT RECITED AS "NORTH 220 09' 12" EAST 114.35 FEET;
THENCE ALONG A LINE PARALLEL WITH AND DISTANT 18.00 FEET WESTERLY, MEASURED AT
RIGHT ANGLES, FROM SAID CENTERLINE OF IMPROVEMENT, THE FOLLOWING COURSES: NORTH
220 09' 12" EAST 114.35 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY
HAVING A RADIUS OF 282.00 FEET; THENCE NORTHERLY ALONG SAID TANGENT CURVE THROUGH
A CENTRAL ANGLE OF 220 10'47", A DISTANCE OF 109.17 FEET; THENCE LEAVING SAID PARALLEL
LINE, NORTH 370 13'35" WEST 4.96 FEET TO A POINT ON THE SOUTHERLY LINE OF RIALTO AVENUE,
82.50 FEET WIDE, AS SHOWN ON SAID MAP OF THE CITY OF SAN BERNARDINO, SAID POINT BEING
SOUTH 890 58' 25" WEST 21.00 FEET FROM THE INTERSECTION OF SAID SOUTHERLY LINE WITH
SAID CENTERLINE OF IMPROVEMENT; THENCE NORTH 89° 58' 25" EAST, ALONG SAID SOUTHERLY
LINE, 50.00 FEET TO A LINE PARALLEL WITH AND DISTANT 29.00 FEET EASTERLY, MEASURED AT
RIGHT ANGLES, FROM SAID CENTERLINE OF IMPROVEMENT; THENCE ALONG SAID PARALLEL
LINE, THE FOLLOWING COURSES:SOUTH 00 01' 35" EAST 3.95 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 329.00 FEET; THENCE SOUTHERLY
ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 220 10'47", A DISTANCE OF 127.36
FEET; THENCE SOUTH 220 09' 12" WEST 114.35 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE EASTERLY HAVING A RADIUS OF 571.00 FEET; THENCE SOUTHERLY ALONG SAID
TANGENT CURVE THROUGH A CENTRAL ANGLE 90 28'01", A DISTANCE OF 94.35 FEET TO A POINT
ON SAID NORTHERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
RIGHT OF WAY; THENCE SOUTH 89° 59' 25" WEST 29.69 FEET TO THE POINT OF BEGINNING. THE
PROPERTY CONVEYED HEREIN IS ALSO SHOWN ON MAP RECORDED IN BOOK 4, PAGE 25 OF
RECORDS OF SURVEY, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, AND IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE
OF THE EASTERLY 2.00 ACRES OF SAID LOT 1, BLOCK 10 WITH SAID NORTHERLY LINE OF THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RIGHT OF WAY; THENCE SOUTH 89° 59'
25" WEST ALONG SAID NORTHERLY LINE, 20.46 FEET TO THE ABOVE DESCRIBED "CENTERLINE OF
IMPROVEMENT"; THENCE CONTINUING SOUTH 89° 59' 25" WEST ALONG SAID NORTHERLY LINE,
18.00 FEET; THENCE NORTHEASTERLY ALONG THE ABOVE DESCRIBED "STRIP OF LAND" THE
FOLLOWING COURSES: NORTH 16° 44' 14" EAST 112.41 FEET; THENCE NORTH 22° 09' 12" EAST 16.14
FEET TO SAID WEST LINE OF THE EASTERLY 2.00 ACRES OF LOT 1, BLOCK 10; THENCE SOUTH
122.59 FEET TO THE POINT OF BEGINNING.
EXHIBIT 2 TO
AGREEMENT OF TEMPORARY RIGHT OF ENTRY
Attachment A — Legal Description of Property
[APN(s): 0136-122-78]
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF BLOCK "D" OF PEPPERS SUBDIVISION, IN THE CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 17,
PAGE 8, OF MAPS, RECORDS OF SAID COUNTY, BEIN(; DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ATHOL STREET (60.00 FEET WIDE)
AND THE CENTERLINE OF ARROWHEAD AVENUE (82.50 FEET WIDE) AS SHOWN ON SAID PEPPERS
SUBDIVISION; THENCE SOUTH 89° 59' 30" WEST ALONG THE CENTERLINE OF SAID ATHOL
STREET 314.25 FEET; THENCE NORTH PARALLEL WITH THE CENTERLINE OF SAID ARROWHEAD
AVENUE 30.00 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT OF BEGINNING BEING IN
THE NORTH LINE OF SAID ATHOL STREET; THENCE CONTINUING NORTH PARALLEL WITH THE
CENTERLINE OF SAID ARROWHEAD AVENUE 493.97 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 693.00 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 59'25" A
DISTANCE OF 120.83 FEET; THENCE NORTH 15° 01' 19" EAST 62.92 FEET TO A POINT IN THE NORTH
LINE OF LOT 26 OF SAID BLOCK "D" OF PEPPERS SUBDIVISION WHICH BEARS SOUTH 890 59' 15"
WEST 287.43 FEET FROM THE CENTERLINE OF SAID ARROWHEAD AVENUE, SAID POINT ALSO
BEING IN THE SOUTH LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
RIGHT-OF-WAY; THENCE SOUTH 89° 59' 15" WEST ALONG THE NORTH LINE OF SAID LOT 26, A
DISTANCE OF 61.45 FEET; THENCE SOUTH 9° 59' 25" WEST 52.01 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 748.00 FEET; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 59'25" A
DISTANCE OF 130.42 FEET; THENCE SOUTH PARALLEL WITH THE CENTERLINE Of SAID
ARROWHEAD AVENUE 50.00 FEET; THENCE EAST 5.00 FEET; THENCE SOUTH PARALLEL WITH THE
CENTERLINE OF SAID ARROWHEAD AVENUE 429.98 FEET TO A POINT WHICH BEARS NORTH 14.00
FEET FROM THE NORTH LINE OF SAID ATHOL STREET; THENCE SOUTH 29° 44' 49" EAST 16.12
FEET TO A POINT IN THE NORTH LINE OF ATHOL STREET WHICH BEARS SOUTH 890 59'30" WEST
42.00 FEET FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 89° 59' 30" EAST ALONG SAID
ATHOL STREET 42.00 FEET TO THE TRUE POINT OF BEGINNING.
Exhibit 3
EXHIBIT A
LEGAL DESCRIPTION
APN 0136-033-27
TEMPORARY CONSTRUCTION EASEMENT - RPRP 109L-012.1-TCE
That portion of Lot 1, Block 10, Rancho San Bernardino, in the City of 'San Bernardi-
no, County of San Bernardino, State of California, per Map recorded in Book 7,
P age 2, of Maps, filed in the office of the County Recorder of said County, more
particularly described as follows:
Commencing at the intersection of the East line of said Lot 1 with the Northerly right-of-
way line of SBCTA (formerly SANBAG) Railway being 50.00 feet wide as shown on
Record of Survey Map 148/73-92, Recorded March 7, 2012, said intersection also being
on the Westerly right-of-way of Arrowhead Avenue being 82.50 feet wide; thence along
said Northerly right-of-way line South 89°35'59 West, 240.27 feet to the True Point of
Beginning; thence continuing along said Northerly right=of-way line South 89035'59"
West 47.69 feet; thence North 16020'49" East 56.66 feet; thence South 81052'26" East
44.77 feet to a point on a non -tangent curve concave Southeasterly having a radius of
571.00 feet a radial bearing to said point bears North 72045'05° West; thence along the
arc of said curve through a central angle of 04057'08" a distance of 49.35 to the Point
of Terminus.
Said parcel contains 2,373 square feet, more or less.
Attached hereto is a plat labeled Exhibit B and by this reference made a part thereof.
Distances shown hereon are grid distances in U.S. Survey feet. To obtain ground level
distances, multiply distance by 1/0.99993920. All bearings shown hereon are grid based
upon the California Coordinate System, Zone 5, CCS83, (Epoch NSRS-2007). Bearings
from reference deeds/maps may or may not be in terms of said system.
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Exhibit 4
EXHIBIT A
LEGAL DESCRIPTION
APN 0136-122-78
TEMPORARY CONSTRUCTION EASEMENT - RPRP 109R-012.2-TCE
That portion of Block "D", The Peppers Subdivision, in the City of San Bernardino,
County of San Bernardino, State of California, as per plat recorded in Book 17, Page
8 of Maps, records of said County, being more particularly described as follows:
Commencing at the Northeast corner of Lot 26 of said plat recorded in Book 17, Page
8 of Maps said point being on the Southerly right-of-way line of SBCTA (formerly
SANBAG) Railway as shown on Record of Survey Map 152/6-15, recorded September
18, 2013; thence along said Southerly right-of-way line, South 89035'59" West, 307.66
feet to the Northwest corner of that land described in grant deed to the City of San
Bernardino recorded May 18, 1983 Document No. 83-108745 of official records of said
County said point being the True Point of Beginning; thence retracing along said
Southerly right-of-way line, North 89035'59" East, 50.50 feet; thence leaving said South-
erly line, South 15001'19" West, 7.78 feet; thence South 8935'59" West, 49.75 feet to a
point on the Westerly line of said land described in grant deed to the City of San Ber-
nardino; thence along said Westerly line, North 09034'06" East, 7.61 feet to the Point of
Beginning.
Said parcel contains 376 square feet, more or less.
Attached hereto is a plat labeled Exhibit B and by this reference made a part thereof.
Distances shown hereon are grid distances in U.S. Survey feet. To obtain ground level
distances, multiply distance by 110.99993920. All bearings shown hereon are grid based
upon the California Coordinate System, Zone 5, CCS83, (Epoch NSRS-2007). Bearings
from reference deeds/maps may or may not be in terms of said system.
W.
DAVID W. AMBLER DATE J
L.S. 7322
PAGE 1 OF 1
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City of San Benwcrm, CA
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Resolution No. 2018-274
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2018-274 adopted at a regular meeting held at the 7th day of November 2018 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ
BARRIOS X
VALDIVIA X
SHORETT
NICKEL
RICHARD )C
MULVIHILL A
WITNESS my hand and official seal of the City of San Bernardino this 7`h day of November
2018.
Georges arena, CMC, City Clerk