The URL can be used to link to this page

Home My WebLink About38-Water Department CI'C,' OF SAN BERNARDICO - REQU~,/T FOR COUNCIL AC...oN From: Herbert B. Wessel Subject: AGREEEMENT TO EFFECT AN EXCHANGE OF REAL PROPERTY Dept: Wa ter Depa rtmen t Date: October 11, 1985 Synopsis of Previous Council action: NONE Recommended motion: Approve Agreement for Exchange of Real Property, Grant of Easement and the Escrow Instructions c~c;X:~~vt<U~ Signature Ward: 383-5091 5 Contact person: Herbert B. Wessel Supporting data attached: YES Phone: FUNDING REQUIREMENTS: Amount: NONE Sou rce: Finance: Council Notes: 75-0262 _ AQenda Item No 3 ? - C WILLIAM E. L.EONARD ,..... "'"', P.O. Box 1367 San Bernardino, c..\ 924()2 (714) 881-2.518 September 19, 1985 Mr. Herbert B. Wessel, General Manager CITY OF SAN BERNARDINO WATER DEPARTMENT 300 "0" Street San Bernardino, California 92401 Dear Mr. Wessel: At your request, Ron Hendricks and I examined the properties set forth in the Agreement for Exchange between the City of San Bernardino and Block Bros. Industries. The purpose of this examination was to give my opinion as to the relative values of the properties being exchanged by the City of San Bernardino Water Department for the properties now owned by Block Bros. Industries. Block Bros. Industries has proposed to exchange parcels identified on polaroid pictures provided as portions of Lot A, Lot B and a portion of Lot C. Both Lot A and Lot C parcels appear to have a future, after development by Block Bros., of residential sites as their highest and best use. Block Bros. has asked in return that the City Water Depart- ment provide: 1. A 20' wide emergency fire access road - this road is located in the vicinity of the existing Water Depart- ment's reservoir site. It is understood that this road will be dedicated as a public access road for emergency purposes only. In this case, the Water Department has exchanged a small segment of unusable ground fora second and better access route to the reservoir at no cost to the Water Department. 2. Two (2) parcels of extremely steep contours needed by Block Bros. primarily for slope easements and to provide acceptable road right of way. Neither parcel has a higher and better use and is surplus to the needs of the City. Without attempting to set value on any of the parcels, it would appear INI'C,S1'.\IENTS . REAT. ESTATE COUNSf;UNG . APART.lrf:NTS , .. ~ / I.. . Mr. Herbert B. Wessel September 19, 1985 Page 2 \,.. - to the undersigned that the parcels being little value other than a nuisance value. to make the exchange', the developer could with minimum consequences. exchanged by the City has If the City elected not readily alter their design In turn the City is receiving in exchange three parcels, two of which have been identified as having substantial future value. I trust this information is helpful to you in making your decision as to your recommendation to the Board of Water Commissioners as the best course to follow. Very truly yours, .-:> / / ::?0' ";0U'/ William E. Leonard WEL:prb . . CI1C OF SAN BERNARDIU - REQUEU FOR COUNCIL AC1...<?N STAFF REPORT The Water Department owns property,in the name of the City, on top of the easterly portion of Shandin Hills. This property is for our reservoir site. Additional property is owned which extends down the South side of Shandin Hills. Block Bros. Industries USA Inc. are developing Tract #12955. Block Bros. originally requested three (3) easements to accommodate their tract. The Water Deaprtment requested that instead of granting easements that they consider a land exchange to keep the City whole. They were also required to relocate the "fire access road" so that it would not interfere with future reservoir expansion. The relocated fire access road meets the Water Department and Fire Department requirements. The Department retained William E. Leonard to verify the equity of the proposed property exchange. A copy of Mr. Leonard's letter is attached for your revi ew . It is obvious that the City will benefit from this negotiated property exchange. The Board of Water Commissioners have approved the exchange of properties and authorized the documents to be forwarded to the Mayor and Council for their consideration and appropriate action. 75.0264 - - \".. " "- / " -..."I , 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR EXCHANGE OF REAL PROPERTY BETWEEN 3 THE CITY OF SAN BERNARDINO AND BLOCK BROS. INDUSTRIES (U.S.A.), INC., AND DETERMINING THAT THE PROPERTY TO BE EXCHANGED HAS A 4 VALUE OF LESS THAN $2,000.00. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Recitals. 8 A. The City of San Bernardino, through its Water Department, 9 owns certain property located on top of the easterly portion of 10 Shandin Hills, on which property a reservoir is situated. 11 B. Block Bros. Industries (U.S.A.), Inc., in developing 12 Tract No. 12955, requested three easements through the City's 13 property which extends down the south side of Shandin Hills. 14 C. Rather than granting easements to Block Bros., the City 15 recommended that a land exchange be accomplished, exchanging the 16 property extending down the south side of Shandin Hills for other 17 property owned by Block Bros. 18 D. An appraisal by William E. Leonard indicates that the 19 City's property to be exchanged has little value other than a 20 nuisance value, and that the Block Bros. property has a 21 substantial future value. 22 SECTION 2. Authorization of Agreement. The Mayor of the 23 City of San Bernardino is hereby authorized and directed to 24 execute on behalf of said City an Agreement for Exchange of Real 25 property with Block Bros. Industries (U.S.A.), Inc., a copy of 26 which is attached hereto, marked Exhibit "I" and incorporated 27 herein by reference as fully as though set forth at length, and 28 to execute and deliver into escrow the deed and other documents . - - F..... "- '-' ....;~."" -....",- 1 required thereby. 2 SECTION 3. Determination of Property Value. The Mayor and 3 Common Council hereby determine that the property being exchanged 4 has a value of less than S2,000.00, and is of less value than the 5 property which the City is receiving. 6 I HEREBY CERTIFY that the foregoing resolution was duly 7 adopted by the Mayor and Common Council of the City of San 8 Bernardino at a meeting thereof, held on 9 the day of , 1985, by the following vote, 10 to wit: 11 12 AYES: Council Members 13 NAYS: 14 ABSENT: 15 16 17 18 of 19 20 City Clerk The foregoing resolution is hereby approved this day , 1985. Mayor of the City of San Bernardino 21 Approved as to form: 22 /~ 'n4J fI-/l ~ 23 City A~Orney 24 25 26 27 28 c ,"", - / / "\ '....~ ..) AGREEMENT FOR EXCHANGE OF REAL PROPERTY, GRANT OF EASEMENTS AND ESCROW INSTRUCTIONS This Agreement For Exchange of Real Property, Grant of Easements and Escrow Instructions ("Agreement") is entered into to be effective on , 1985, between THE CITY OF SAN BERNARDINO, a municipal corporation (IICi ty"), and BLOCK BROS. INDUSTRIES (U. S .A. ), INC., a Washington corporation (IIBlock"). Ci ty and Block are sometimes collectively referred to herein as the "Parties." . ~g~~!,!~!,~, A. City is the owner of two parcels of real property located in the City of San Bernardino, California and more particularly described on Exhibit "A" (IICi ty Parcels"). Block is the owner of three parcels of real property located in the City of San Bernardino, California and more particularly described on Exhibi t "BIl ("Block Parcels"). B. City and Block desire to enter into this Agreement to effectuate an exchange of the City Parcels for the Block Parcels. City and Block also desire to enter into this Agreement to provide for the grant by City to Block, following the consummation of the exchange, of a temporary license allowing Block to grade and construct an emergency fire access road over a portion of the Block Parcels and other property owned by City. THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS, 1. Exchanqe. THe Ci ty Parcels shall be transferred to Block by City in exchange for Blockl s transfer of the Block Parcels to C1 ty, in accordance with the terms and conditions of this Agreement. 2. Escrow Instructions. This Agreement constitutes joint escrow instructions to First American Title Insurance Company, 323 Court Street, P.O. Box 6327, San Bernardino, CA 92401 ("Escrow Holder"). The Parties shall execute such additional instructions consistent with the provisions of this Agreement which may be required by Escrow Holder. Escrow Holder's General Instructions are attached hereto as Exhibit IICII. If there is any conflict between the terms of this Agreement and the provisions of Exhibit "C", the terms of this Agreement shall control. Escrow Holder shall promptly notify City and Block of the date escrow is opened. 3. Emerqency Fire Access Road. Block shall, at its sole cost, grade and cons~ruct a twenty (20) foot wide, all weather surfaced emergency fire access road ("Fire Access Road") for ingress to and egress from Tract 11327 presently owned by Block ("Tract 1132711), in accordance with the Rough Crading Plan attached as Exhibi t "0". Following the completion of the grading for and construction of the Fi re Access Road and the inspection and apprqval of the Fire Access Road by City, Block's responsibility and duties DLC,c1h 6/11/65; rev'd 6/26/85 File No, 13520 - 1- - ........, ......, ~) F '-- ,..,.'..... wi th regard to the Fi re Access Road shall cease, and thereafter Ci ty shall be responsible for all maintenance and repair operations with regard to the Fire Access Road, provided that Ci ty may delegate such maintenance and repair responsibilities to another governmental or quasi-governmental agency or special district. 3.01 Grant of Easement. Slock shall deposit with Escrow Holder an executed and notarized grant of easement in the form attached as Exhibit tiE. " granting to City a nonexclusive easement for that portion of the Fire Access Road traversing a portion of Tract 11327 as described in Exhibi t "I II to Exhibi tilE" (I'Fire Access Road Easement"). 3.02 Grant_of License. City shall deposit with Escrow Holder an executed license agreement in the form of Exhibit "F" granting to Block a temporary irrevocable license to enter upon the Block Parcels and any other property owned by City which adjoins the Fire Access Road following the close of escrow for the purposes of grading and constructing the Fire Access Road ("License Agreement"). 4. Escrow. 4.01 Openinq. Immediately after the execution of this Agreement, the Parties shall open escrow with Escrow Holder. For purposes of this Agreement, the date of opening of escrow shall be the date upon which an executed copy of this Agreement is deposi ted wi th Escrow Holder. 4.02 Close of Escrow. Provided all of City's and Block's deposits have been made in escrow pursuant to Paragraphs 4.03 and 4.04 of this Agreement and City and Block have deposited their respective shares of closing costs and proration of real property taxes and assessments allocated to Ci ty and Block pursuant to Paragraph 4.08 of this Agreement, escrow shall close on the tenth (10th) day after the conditions set forth in Paragraph 4.05 have been satisfied, but in no event later than August 31, 1985. 4.03 City's Deposits. Not later than one (1) business day prior to close of escrow, City shall deposit the following into escrow: (a) executed and notarized copy of the grant deed described in Paragraph 4.06(a) below, for conveyance of the Ci ty Parcels to Block; and (b) executed copy of the License Agreement. 4.04 Block's Deposi ts. Not later than one (I) business day prior to close of escrow, Block shall deposit into escrow the following: (a) executed and notarized copy of the grant deed described in Paragraph 4.06(b) below, conveying the Block Parcels to City; (b) executed and notarized partial releases and reconveyances from all monetary encumbrances affecting the Block Parcels; and DLC,clh G/1l/8S; rev'd 7/ll/8S File No, 13S20 -2- c '-"- ""'\ '-...,/ -'I '-' j Easement to Ci ty. (c) executed and notarized Fire Access 4.05 Conditions to Close. The obligations of the Parties to each other, and the close of escrow, is subject to and contingent upon the full satisfaction of the conditions set forth below. If one or more of the conditions is not satisfied by the date set for close of escrow or waived by the Party for whose bene!i t the condition has been imposed, then the Party for whose benefit the condition has been imposed shall have the absolute right to cancel this escrow in which case Escrow Holder shall return to the respective Parties their deposits made pursuant to Paragraphs 4.03 and 4.04 above. (a) Title Approval of Block Parcels. Within ten (10) calendar days after this Agreement is executed, Block shall, at Block's expense, provide City with a current preliminary title report ("Block Parcels Title Report") for the Block Parcels issued by Escrow Holder, showing the state of the ti tIe of the Block Parcels. City shall have no obligation to accept or approve any exceptions shown on the Block Parcels Title Report except non- delinquent real property taxes, bonds and assessments. Notwi thstanding the foregoing, City shall have no right to disapprove any monetary liens or encumbrances, provided, however, that all monetary liens and encumbrances (other than non-delinquent real property taxes and general assessments prorated pursuant to Paragraph 4.08 of this Agreement) shall be removed of record from the Block Parcels prior to or at the close of escrow. Block shall permit no further monetary liens or encumbrances to be placed of record against the Block Parcels prior to the close of escrow. Within ten (10) days following the receipt of the Block Parcels Title Report (the "City Approval Period"), City shall notify Block and Escrow Holder in writing of any unacceptable exceptions listed in the Block Parcels Title Report. If City fails during the City Approval Period to approve dr disapprove in writing any exceptions shown on the Block Parcels Ti tIe Report, City shall be deemed to have approved the Block Parcels Title Report. If within the City Approval Period Ci ty disapproves any exceptions listed in the Block Parcels Title Report, then Block shall inform City within ten (10) days after receipt of City's disapproval, whether or not it will eliminate the disapproved exceptions prior to close of escrow. Block's election not to remove any disapproved exception shall be deemed to be the cancellation of escrow. (b) Title Approval of City Parcels. Within ten (10) calendar days after this Agreement is executed, City shall, at City's expense, provide Block with a current preliminary title report ("Ci ty Parcels Ti tIe Report") for the Ci ty Parcels issued by Escrow Holder, showinq the state of the title of the City Parcels. Block shall have no obligation to accept or approve any exceptions shown on the City Parcels Title Report except non-delinquent real property taxes, bonds and assessments. Notwithstanding the foregOing, Block shall have no right to disapprove any monetary liens or encumbrances. provided, however, that all monetary liens and encumbrances (other than non-delinquent real property taxes and general assessments prorated pursuant to Paragraph 4.08 of this Agreement) shall be removed of record from the City Parcels prior to or at the close of escrow. City shall permi~ no further monetary liens or encumbrances to be placed of record aqainst the City DL~,clh 6/ll/aS; rev'd 0/20/85 File No. l3S20 -3- -- --- - - ,.. "- ,~....., ""'''''\ -....J '-' Parcels prior to the close of escrow. Wi thin ten (10) days following the receipt of the City Parcels Title Report (the "Block Approval Periodll), Block shall notify City and Escrow Holder in ......riting of any unacceptable exceptions listed in the City Parcels, Ti tle Report. If Block fails during the Approval Period to approve or disapprove in writing any exceptions shown on the City Parcels Title Report, Block shall be deemed to have approved the City Parcels Title Report. If within the Block Approval Period Block disapproves any exceptions listed in the City Parcels Title Report, then City shall inform Block wi thin ten (10) days after receipt of Block's disapproval, whether or not it will eliminate the disapproved exceptions prior to close of escrow. City's election not to remove any disapproved exception shall be deemed to be the cancellation of escrow. (c) Governmental Approvals. Block shall have obtained from City, and all other governmental agencies having jurisdiction, all permits and approvals, including, but not limited to, approval of tentative tract maps for Tract Nos. 12955 and 12958, and approval of the plans and specifications for the construction of the Fire Access Road (collectively, the IIGovernmental Approvals"). All terms and conditions of all Governmental Approvals are subject to Block's approval in Block's sole discretion. Block shall pay for all costs and expenses in connection wi th obtaining the Governmental Approvals. City shall cooperate with Block in obtaining the Governmental Approvals. 4.06 !illi. (a) Block Parcels. Block shall convey the Block Parcels described 1n Exhib1t IIB" to City by a grant deed (the "Block Parcels Grant Deedll) in the form of Exhibit lie". Title shall be conveyed by Block at the close of escrow, subject only to the following condi tions ("Block Parcels Condi tions of Ti tIe"): Parcels Grant Deed; (i) the covenants contained in the Block and assessments; (ii) non-delinquent real property taxes (iii) all matters of record which affect ti tIe to the property as set forth in the Block Parcels Ti tIe Report approved by Ci ty pursuant to Paragraph 4.05 (a); and (iv) matters affecting the condition of ti tIe created by, or wi th the consent of, Ci ty. Block shall provide and pay for a CLTA Standard owner's policy of title insurance issued by Escrow Holder with liability in the amount of $175,000.00, insuring title to the Block Parcels to be vested in City subject only to the Block Parcels Conditions of Title. City reserves the right to order and obtain an ALTA owner's policy of title insurance on the Block Parcels. If City desires such ALTA policy, City shall notify Escrow Holder in writing, at least twenty (20) business days prior to the date set for close of escrow, and shall deposit into escrow any costs in excess of the anticipated cost of the CLTA policy, including, without limitation, the cost of any required survey. DLC,clh 6/11/8S; rev'd 6/26/aS File No, 13520 -4- - - - - - .. \.... """ - .---"" v (b) City Parcels. City shall convey the City Parcels described in Exhibit "A" to Block by a grant deed ("City Parcels Grant Deed") in the form of Exhibit "HI!. Title shall be conveyed by City at the close of escrow, subject to the following cendi tions (lie! ty Parcels Condi tions of Ti tIe") : Parcels Grant Deed; (1) the covenants contained in the City and assessments; (il) non-delinquent real property taxes (i.ii) all matters of record which affect title to the property as set forth in the City Parcels Title Report approved by Block pursuant to Paragraph 4.05{b); and (iv) matters affecting the condition of ti tIe created by, or wi th the consent of, Block. City shall provide and pay for a CLTA Standard owner's policy of title insurance issued by Escrow Holder with liability in the amount of $175,000.00, insurin9 title to the City Parcels to be vested in Block subject only to the City Parcels Conditions of Title. Block reserves the right to order and obtain an ALTA owner's policy of title insurance on the City Parcels. If Block desires such ALTA policy, Block shall notify Escrow Holder in writing, at least twenty (20) business days prior to the date set for close of escrow, and shall deposit into escrow any costs in excess of the anticipated cost of the CLTA policy, inclUding, without limitation, the cost of any requi red survey. 4.07 Escrow Closinq Costs. City shall pay one-half (1/2) of the escrow fee, the cost of recording the City Parcels Grant Deed, the 'cost of recording the Fire Access Road Easement and any other costs which in the opinion of Escrow Holder are customarily borne by similar grantors of property and grantees of easements. Block shall pay one-half (1/2) of the escrow fee, the costs of recording the Block Parcels Crapt Deed and any other costs which in the opinion of Escrow Holder are customarily borne by similar grantors of property. 4.08 Prorations. All real property taxes and assessments shall be prorated between Ci ty and Block as to both the City Parcels and the Block Parcels as of the close of escrow based upon the latest available information. 4.09 Escrow Cancellation Charqes. If escrow fails to close by reason of City's default hereunder, City shall pay all escrow cancellation charges. If escrow fails to close by reason of Block's default hereunder, Block shall pay for all escrow cancellation charges. If escrow fails to close for any reason other than the default of either City or Block, Block and City shall each pay one-half (1/2) of any escrow cancellation charges and each party shall release the other from all liability hereunder for the failure of escrow to close. 4.10 Possession. City shall be entitled to possession of the Block Parcels and Block shall be entitled to possession of the Ci ty Parcels at the close of escrow. DLC,c:h 6/11/85; rev'd 6/26/8S File No. 13520 -S- - ,......J t" \.." /- ... r' " '-' '\. J ....... 4.11 Recordinq. Escrow Holder shall cause documents to be recorded concurrently and in the followin9 order: (a) City Parcels Grant Deed; (b) Partial releases and reconveyances of monetary liens or encumbrances affecting the Block Parcels and the City Parcels, if any; (c) Block Parcels Grant Deed: and (d) Fire Access Road Easement. All documents recorded shall provide that they are to be mailed to Escrow Holder. 4.12 Distribution of Documents. When originals of recorded documents are returned to Escrow Holder, Escrow Holder shall prepare copies thereof showing the recording information, and shall deliver the City Parcels Grant Deed to Block, with a copy to Ci ty; the Block Parcels Grant Deed to Ci ty I with a copy to Block; and the Fire Access Road Easement to Ci ty, with a copy to Block. 4.13 No Real Estate Brokerls Commission. City and Block each represent to the other that they have no contract or dealings regarding ei ther the Block Parcels or the Ci ty Parcels wi th any person who can claim a right to a commission or finder's fee as a procuring cause of the exchange of the City Parcels and Block Parcels. If any broker or finder asserts a claim for commission or finder IS fee based upon any contract or dealing wi th Ci ty or Block, the party through whom the broker or finder makes such claim shall indemnify, hold harmless and defend the other party from such claim and all costs and expenses (including reasonable attorneys' fees) incurred by the other party in defending against the same. 5. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be personally delivered or sent with return receipt requested and postage prepaid. If mailed, each notice or communication shall be deemed received three (3) days after deposi t in the United States mail in the State of California, addressed to the person to receive such notice or communication at the following addresses: To City: City of San Bernardino 300 North "0" Street San Bernardino, California 92418 Attn: General Manaqer. Water Dept. Real Pro~erty Engineer lnn Nnr~h "n'l Str~~t ~~n ~nr'~r~inn rA g241B With a Copy To: DLC,clh 5/11/8S; rev'd 6/26/85 File No. 13520 -5- , \,-., r--'" " , ....... ~ To Block: c/o Marlborough Development Corporation One Century Plaza 2029 Century Park East Suite 1550 Los Angeles, California 90067 Attn: Mr. Dorian Johnson With a Copy To: McKittrick, Jackson. DeMarco . & Peckenpaugh 4041 MacArthur Boulevard Fifth Floor Post Office Box 2710 Newport Beach, California 92658-8995 Attn: Steven J. Dzida To Escrow Holder: First American Title Insurance Company 323 Court Street Post Office Box 6327 San Bernardino, California 92401 Attn: Notice of change of address shall be given by written notice in the manner set forth in this Paragraph 5. 6. Attorneys I Fees. Should either Party institute any action or proceeding to enforce or interpret any provision of this Agreement or for damages by reason of an alleged breach of any provision of this Agreement, the prevailing Party shall be entitled to recover its costs and expenses and reasonable attorneys I fees for services rendered to the prevailing Party in such action or proceeding. The term "prevailing Party" as used in this Paragraph shall include, without limitation, any Party who is made a defendant in litigation in which damages or other relief, or both, may be sought against such Party and a final judgment or decree is entered in such litigation in favor of such Party defendant. 7. Miscellaneous. 7.01 Incorporation of Exhibits. All exhibits attached hereto and referred to herein are incorporated into this Agreement as though fully set forth herein. 7.02 No Modifications. No modification of any provision of this Agreement shall be effective unless set forth in wri ting and signed by both Ci ty and Block. 7.03 No Warranties. Except as otherwi se speci- fically provided in this Agreement, neither City nor Block have made any representations, warranties or agreements as to any matters concerning the Property. Neither City nor Block shall be bound by any agreements, warranties or representations not expressly contained herein. City and Block expressly waive any right of rescission and all claims for damages by reason of any statement, representation, warranty, promise or agreement, if any, not contained in this Agreement. DLC,clh 6/11/85; rev'd 6/26/85 File No, 13S20 -7- --- ~ - l. "" " ........ -- 7.04 Construction of Aqreement. The agreements contained herein shall not be construed in favor of or against either of the Parties, but shall be construed as if both of the Parties prepared this Agreement. 7.05 Further Assurances. The Parties shall execute such other and further documents and instruments as may be necessary and proper in order to consummate the transaction contemplated by thi s Agreement. 7.06 Entire Aqreement. This Agreement, constitutes the entire agreement between the Parties and supersedes all prior oral or written agreements'between the Parties with respect to the exchange of the Ci ty Parcels and Block Parcels. 7.07 Governing Law. The laws of the State of California shall govern this Agreement. 7.08 Time is of The Essence. Time is of the essence of each and every provision of this Agreement. 7.09 Bindinq Effect. This Agreement shall be binding upon and shall inure to the benefi t of the Parties hereto and their respective heirs, successors and assigns. 7.10 Block's Nominee: Successors and Assiqns. Block shall have the right to designate nominees or designees in Block's place or stead under this Agreement, but such nominations or designations shall not, in any event, relieve Block of its covenants and agreements contained herein, and this Agreement shall be binding upon and inure to the benefit of Block and City and their respective successors and assigns. 7.11 Survival of Covenants. All covenants, representations, obligations and agreements contained in this agreement shall survive the execution and delivery of this Agreement, the close of escrow, and the delivery and recordation of all documents or instruments in connection therewi tho 7.12 Headinqs. The paragraph headings herein are used only for the purpose of conve'nience and shall not be deemed to limit the subject of the paragraphs of this Agreement or be considered in their construction. 7.13 Severability. If any portion of this Agreement shall become illegal, null or void, or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining portions of this Agreement shall not be affected thereby and shall remain in force and effect to the full extent permissible by law. 7.14 Counterparts. This Agreement may be executed in counterpart~, each of which shall be considered an original and all of which taken together shall constitute one and the same instrument. . [SIGNATURES ON FOLLOWING PAGEl DLC,clh 6/11/85; rev'd e/26/8S File No, 13S20 -8- - 1- '- "e_, ;".../ ""'" '--' -"..' The Parties have executed this Agreement on the date first wri tten above. Attest: CITY OF SAN BERNARDINO, . minieipal corporation City Clerk By, Mayor Approved as to Form: ..-17 /; .~ .-',' . ..' v/:.._[~ I City Attorney "City" BLOCK BROS. INDUSTRIES (U,S,A.), INC., a Washington corporation By, Title: By, Title: l'Block" ~~C'clh 6/ll/8S; rev'd 6/26/85 File No, 13520 -9- / c 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 29 30 31 32 1- -, V ....." -....,.; 4MAROI0l 8/14/85 BDB (Appurtenance to Tentative Tract No. 12958) ......; E.XHIBIT 'A" Ll\NrSCAPE PURPOSES LEGAL DESCRIPl'ICN A PClRI'ICN OF SECTION 21, 'I'O\'NSHIP 1 NOR'IH, ~ 4 WEST, AS niE LINES OF THE GOVERNMENT SURVEY MAY BE EXTENDED ACROSS THE RANCHO I'IlSOlPIABE, IN '!HE CITY OF SAN BERNARDINO, CXlUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PIIGE 23, RECORlE OF SAID CXlUNTY, DESCRIBED AS FOLI..OOS: BEXlINNING AT A POINT IN THE EASTERLY LINE OF rm: 1, TRACT NO. 11330, AS PER MAP RECORDED IN BOOK 177 OF MAPS, PAGES S7 AND S8, RECORlE OF SAID CXlUNTY, SAID POINT BEING THE OORTllERLY TERMINUS OF SAID EASTERLY LINE SHOWN ON '!HE MAP OF SAID TRACT AS HAVING A BEARING AND DISTANCE OF N 00013'S2" E, 640.00 FEET; THENCE CCNTINUING EASTERLY Al.CNG '!HE BOONDAAY LINE OF SAID rm: S 890S2'30" E, 174.87 FEET; THENCE LEAVING SAID 00UNllARY LINE S 34052'39," W, 6S.SS FEET; THENCE WESTERLY AND PARALLEL 'ro U\ST SAID BOtJNI:lM.Y LINE N 89052'30" W, 60.00 FEET: '!HENCE S 37025'27" W, 70.48 FEET 'ro A POINT IN A LINE pARALLEL WITH AND 35.00 FEET, MEASURED AT RIGHT ANGLES, EASTERLY OF SAID EASTERLY LINE; THENCE SOUTHERLY PARAlLEL WITH SAID EASTERLY LINE S 00013'52" W, 251.09 FEET; 'I1iENCE S 67014'25"' w, 38.02 FEET 'ro A POINT IN SAID EASTERLY LINE; THENCE NORnlERLY Al.CNG SAID IAST M.ENl'ICNED LINE N 00013'52" E, 375.80 FEET ro THE POINT OF B.EX;INNING. ~ PSOMASIHARRISON . ASSOCIATES eM. ENGNEERS 3901 lIME STIlE" IN'lO Pl.AlHRS AlV(RSa. CA 92501 LAND SlIMYOCl$ PHOt<I: (714). 787.&421 -....- I'..... L , ........ '....,I .4 A:W17~# ~F ~c. R/. T. / Ai, ~4W A:S TNE L/#ES "F THE 6'''JlERA/IHENT .&/RY~Y AUY &Ur E.t'U/VPEP ACR"~ TNE RMlCh'O "yU~CU.P~. r- 'I , ~ ~ ~ ~ l) ~ ~ #.4!I~'4t:Y1(/ ~ .Ga (70' ~ ~ ~ ill ~ iIi ~ ~ r /,~ 6~' ,~B. ~ :ti 54!J1~:,o""G ~ ~ ~ . \] ..:1I:"A~L: [J ,....J&JI . 1 ~ ~~ ~. t)\ ~ \il ~ 1 ~ EZ)'" ~/A/E LOT .1 77i? M:'. //d!!JO ~ l:, ~ !>i '" Il\ 1 1 ~~ ~~ '-l> III ~~ ~~ ~ . I '\ .....I " L 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 2S 29 30 31 32 I _ /'<'.... .........., '-' '-' A PORTION OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 4 WEST, AS THE LINES OF THE &OVERtIMENT SURVEY MAY BE EXTENDED ACROSS THE RANCHO MUSCUPIABE, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CAliFORNIA, AS PER PLAT RECORDED IN , BOOK 7 OF MAPS, PAGE 23, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO FOREST PAGE RECORDED JULY 20, 1927, IN BOOK 255, PAGE 7S, OFFICIAL RECORDS; THENCE SOUTHERLY AlONG THE WESTERLY LINE OF LAST SAID LAND SOOI4'15"W, 456.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING AlONG LAST SAID WESTERLY LINE SO'14'IS"W, 605.00 FEET; THENCE LEAVING LAST SAID LINE SS5043'25'W, SD.OO FEET; THENCE N3301S'19"W, 199.52 FEET; THENCE NOOI4'15"E, 225.00 FEET; THENCE N41003'ID"E, 290.69 FEE. THE \.. 'iJi..~r.;fll/-;- .;.;,"r -& ~ " TRUE POINT OF BEGINNING. ...0 ~ PSOMAS/HARR1SON CM. lNGNEAS 3'QOlLM SJREfT ~ lNC) fIlNNAS MIlSa,CA92S0t I;ASSOCIATfS w.oSUM:YClAS f'HClNPW)_717-U2t .....,I I' i , J: L I _ ,#r<'," A A:lI?770N ~ECnc:w r/, T..JAI,.W Iv. .46' mE ~AI{6' t:II'" mE dl!7VEIiWMENT 4l'/A'Y4'Y' AfAr" UTENPQJ;IC.f'rJ:I~ mE ...eiA.t'NO ~V.P/A6~ U Hkl: t1 /',n' f ~~ ~~ '"~ ~~ ~~ ~~ ~I ~ ~ ~ ~ ~ 1" ~ ill /'Ii ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '~ IS TPad ,.J ~ """ -,... ~.... ~1a . " ~ ~ . ~8\ . ~ ,"I I.l}~ ,~ 111 . ~~ ~~ ~~ .~ iii ..vHI' tZWNIfili'OFL4NP PESCR/IJEP /N PEEP 7V ~&:5T .qd(f1E ~~.o.c.o V'G/'<: Y.!!7. /!ll'? /N~l'55,~ 74 OFr/CALR4a:K'P.5. . c '- '........,,- EXHIBIT "B" LEGAL DESCRIPTION OF BLOCK PARCELS Lots "A", "s" and "e" of Tract No. 11327, recorded in Book 179, Pages 97 and 98, of Maps, in the Office of the San Bernardino County Recorder. DLC,clh 6/11/85; rev'd 6/25/85 File No. 13520 - 1- c.. ---~ '-' EXHIBIT lie" 'V GENERAL INSTRUCTIONS OF ESCROW HOLDER DLC,clh 6/11/8S; rev'd 6/26/8S File No, 13520 :'~i;-:> , ,.~<l".'.' -::~~. . '':'''D',;::>Rt>~ilIVGr-ad:lj -"f:~"~:C.::-~."':',;;'~~':: .':~~~~, .~~~.~~ ":'. '~~~':;#i;; ::,t;~.;.,...:".: c ',:-;,,- . '.- ,. -.' ~'_..,- .. :' - :.~'~~ - :S~~' ......-"", '1'_~~.'~j9,~.T "~.;.At';~~{"'- ))i~~~~. ~:~;.c. :3~~:~~1 '_'" _h_ _ .,. _~, __'~, _. _ _ _,_~_"""" -.,p~j& "',,:,! )~J.' ;1.:;i 1':;:{1' :1 ""~~ ., .' ..-:t .t';:}j .' JlI .-j :~ :.t :,,- ~I: . .....~.. :'~" Ji:: f 1 ~I l j . " "l' ',' " I j 'I - :-r'~-. ::;~'- .. :1)' " .."!i ....... 'j~ :':' . ~;_.: '+.. -'!or::' " 'i\-' '} , " -~ .r.,.. ":'1.,' c:<t' _.' ;:~.?;.. 1- f" ....... "-'..'''' ......" EXHIBIT "E" ~ '-' ....~, FIRE ACCESS ROAD EASEMENT OLC,clh 6/11/85; rev'd 6/26/85 File No. 13520 I - I' "'"', r..... '- , - ~.ni RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO, Ci ty of San Bernardino 300 North "Oil Street San Bernardino, California 92418 (Space Above For Recorder t s Use) MAIL TAX STATEMENTS TO, The undersigned Grantor declares: Ci ty of San Bernardino 300 North "0" Street San Bernardino. CA 92418 Documentary Transfer Tax:$NONE Consideration Less Than $100 GRANT OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BLOCK BROS. INDUSTRIES (U.S.A.), INC., a Washington corporation ("Grantor") hereby grants to THE CITY OF SAN BERNARDINO, a municipal corporation ("Grantee"), a non-exclusive permanent easement for emergency and fire access road purposes in, over and upon that certain real property situated in the City of San Bernardino, County of San Bernardino, State of California which is described in Exhibit "1", attached hereto and incorporated herein by this reference, subject to general and special real property taxes and assessments, and . covenants, conditions, restrictions, reservations, rights and rights-of-way of record. BLOCK BROS. INDUSTRIES (U.S.A,). INC" a Washington corporation By, Title: By, Title: "Grantor" DLC,clh 6/11/85; rev'd 6/26/85 File No, 1JS20 - f '-....,. /"""" , '-' """ STATE OF CALIFORNIA ) ) Ss, ) COUNTY OF On . 1985, before me, the undersiqned, a Notary Public in and for said State, personally appeared and I personally known to me or proved to me on the basis of satisfactory evidence to be the persons who executed the ~ithin instrument as president and secretary or on behalf of BLOCK BROS. INDUSTRIES (U.S.A.), INC., the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary Public in and for said State -2- DLC,clh 6/ll/8S; rev'd 6/26/8S File No. 13520 - ......J C 1 2 3 4 Ii 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 /"" 1",..1 " .....I "Exhibit "1" Leaal Description of Fire Access Road THAT PORTION OF LOT 1 OF TRACT NO. 11327 IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, AS PER MAP RECORDED IN BOOK 179, PAGES 97 AND 9B OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS. BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 1, SAID POINT BEING THE EASTERLY TERMINUS OF SAID SOUTHERLY LINE SHOWN ON THE MAP OF SAID TRACT AS HAVING A BEARING AND DISTANCE OF N76038'06.W, 335.57 FEET, THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF SAID LOT N76038 '06"W, A DISTANCE OF 203.12 FEET TO THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID SOUTHERLY LINE N53001'09"W, A DISTANCE OF 94.83 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 50.00 FEET. A RADIAL LINE TO THE AFOREMENTIONED POINT BEARS S54043'31"E, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 30008'24" A DISTANCE OF 26.30 FEET, THENCE S39039'19"E A DISTANCE OF 28.62 FEET ALONG A NON-TANGENT LINE TO A POINT ON THE AFOREMENTIONED SOUTHERLY LINE OF LOT I. THENCE S76038' 06"E A DISTANCE OF 79.66 FEET ALONG THE SOUTHERLY LINE OF LOT 1 TO THE TRUE POINT OF \.'UESC..t'/,o ~'t' ~ '" ';, BEGINNING. _OA, P5OMAS1~ ~ . A5SOCIAlIS 0Vl ~ERS R)'IAt"SIJlEtT I.MO fl\NHAS IlllEBll. CA 92S0' tNOSlIMVClRS 1lMCN17W).187.....1 ......- :f " ., .! " " " i I' , , i " I, I: I I; " i i i I I Ii I' I j, I ~ - - TI/AT ,POf7/0N Cor/OF 7ieAC7 G //3'Z7 l. I ~ l:: r--- ~ ..... ~ 1:5 / / z~"" A (/{&1 '~4-;O ~61I:O " 1P ^1~J~ ' ~'OfJ(t , 0.0: ~~ . / ~ ~ ----- , o 0...{ 0...{ ;0 :z p Ul t\l o....l ~ Q ~ ~ ~ r-. ~ ~ ~ ~ tll "- ~ ['I! '" ~ ~ ~ ~ ~ :( ~ ~ tJ " 1..-, t","". ......, ...",,'>., ~ -....; EXHIBIT IIFI1 LICENSE AGREEMENT DLC,clh 6/11/8S, rev'd 6/26/85 File No, 13520 1- , ,;"......... - ....... '- '-" -,./ LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement") is entered into to be effective on , 1985 between BLOCK BROS. INDUSTRIES (U.S.A.), INC., a Washington corporation ("Block"), and THE CITY OF SAN BERNARDINO, a municipal corporation ("City'), Block and City are sometimes collectively referred to herein as the "Parties." ~~fl:!t,!,~, A. Block is the owner of real property located in the City of San Bernardino, California, more particularly described on Exhibi t II I" ("Block Property") . B. City is the owner of real property located in the City of San Bernardino, California, more particularly described on Exhibi t "2" ("ei ty Property") . C. City and Block entered into an "Ac;reement For Exchange of Real Property, Grant of Easements and Escrow Instructions" ("Exchange Agreement") dated 1985 providing, among other things, that City grant to Block a temporary irrevocable license for emergency fire access road construction purposes. . D. The Parties desire to enter into this Agreement to implement Paragraph 3 of the Exchange Agreement. THE PARTIES AGREE AS FOLLOWS, 1. Grant of License. City hereby grants to Block a temporary irrevocable right of access and license ("License") over portions of the Ci ty Property ("License Area"). as may be reasonably necessary in connection with Block's constructing the emergency fire access road ("Fire Access Road") to provide access to and from the Block Property. The Fire Access Road is generally described on the rough grading plan attached as Exhibit "3" and incorporated herein by this reference (the "Grading Plan"). 2. Gradina Operations. All grading operations within the License Area on the Ci ty Property shall be conducted by Block at its sole expense in accordance wi th the Grading Plan. 3. Termination. This License shall terminate on the earlier of (a) the inspection and approval by the City of San Bernardino of the grading operations and construction of the Fire Access Road; or (b) two (2) years after the date of this Agreement. 4. Indemnity and Hold Harmless. Block shall indemnify and hold City and the City Property harmless from all claims. loss and liability which may be incurred by the City arising out of or in connection with the grading operatio~s and Fire Access Road con- struction, or any claims made against City by any person. firm or organization entering upon the City Property pursuant to this License. CLC, c:h 6/11/8S, rev'd 6/26/85 File No, l3S20 L -" r' --- ,,~, - '-.,. ,i s. Mechanics' Liens. Block shall not permit to be enforced against the Ci ty Property, or any part thereof, any mechanics I, materialmen 's, contractors I or subcontractors I liens arising from the grading operations or the construction of the Fire Access Road. Block shall cause to be paid all such liens, claims or demands before any action is brought to enforce them against the City Property. Block shall indemnify and hold City and the City Property free and harmless from all such liens, together with reasonable attorneys' fees and all costs and expenses incurred by City in connection therewith. Notwithstanding the foregoing. Block may in good faith contest the validity of any such lien. If Block elects so to contest the validity of any such lien, it shall, at its expense, defend itself and City against the same and shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against Ci ty or the City Property. As a cond! tion to the right of Block to contest the validi ty of any lien, Ci ty may require that Block furnish the City a surety bond in form satisfactory to City in an amount at least equal to the contested lien, the effect of which is to indemnify City aqainst liability for the same. 6. Attorneys' Fees. Should either Party institute any action or proceeding to enforce or interpret any provision of this Agreement or for damages by reason of an alleged breach of any provision of this Agreement, the prevailing Party shall be entitled to recover its costs and expenses and reasonable attorneys I fees for services rendered to the prevailing Party in such action or proceeding. The term "prevailing Party" as used in this Paragraph shall include, without limitation, any Party who is made a defendant in litigation in which damages or other relief, or both, may be sought against such Party and a final judgment or decree is entered in such litigation in favor of such Party defendant. ,7. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be personally delivered or sent with return receipt requested and postage prepaid. If mailed, each notice or communication shall be deemed received three (3) days after deposi t in the Uni ted States mail in the State of California, addressed to the person to receive such notice or communication at the following address; To City: City of San Bernardino 300 North "D" Street San Bernardino, California 92418 With a Copy To: To Block: c/o Marlborough Development Cor}i)oration One Century Plaza 2029 Century Park East Suite 1550 Los Angeles, California 90067 Attn: Mr. Dorian Johnson DLC,cIh 6/11/85; rev'd 6/26/8S File No. l3S20 -2- I~ ( '- "" /"', '-' - .......,,1 With a Copy To: McKittrick, Jackson, DeMarco & Peckenpaugh 4041 MacArthur Boulevard Fifth Floor Post Office Box 2710 Newport Beach, California 92658-8995 Attn: Steven J. Dzida Notice of change of address shall be given by written notice in the manner set forth in thi 5 P~ragraph 7. The Parties have executed this Agreement to be effective on the date first written above. Attest: CITY OF SAN BERNARDINO, a Municipal corporation City Clerk By: Mayor Approved as to Form: llei ty" City Attorney BLOCK BROS. INDUSTRIES (U.S,A.), INC., a Washington corporation By: Title: By: Title: "Block" CLC:clh 6/ll/8S; rev'd 6/26/85 File No, l3S20 -3- 1- L, t"" ~ ~~" -- -..# "Exhibit "1" BLOCK PROPERTY Lots "A", "B" and "C" of Tract 11327, recorded in Book 179, Paqes 97 and 98, of Maps, in the Office of the San Bernardino County Recorder. i i I 'I , " ,I ! I ~ " ji " , DLC:clh 6/11/85; rev'd 6/26/85 File No. 13520 c 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 29 30 31 32 "~'>..nJ:\U.LU..L " , ' V 8/14/85 BDB (Appurtenance to Tentative Tract No. 12958) , ",) /'-.~, '-' E.XHIBIT.. Z. IJ\NOOCAPE PURPOSES LEGAL DESCRIPTICN A PORTIOO OF SECTlOO 21, 'I'O\'NSHIP 1 NORm, RANGE 4 WEST t AS '!liE LINES OF THE GOVERNMENT SURVEl' MAl' BE EXTENDED ACROSS THE RANCHO r-uSClJPIABE, IN TIlE CITY OF SAN BERNARDINO, CX>l.JNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PlAT RECORDED IN IlOOK 7 OF MAPS, PJ>GE 23, RECORDS OF SAID CCXJNlY, DESCRIBED AS FOILrnS: BEXlINNING AT A FeINT IN THE EASTERLl' LINE OF rm 1, TRACT NO. 11330, AS PER MAP RECORDED IN IlOOK 177 OF MAPS, PAGES S7 AND 58, RECORDS OF SAID CCXJNlY, SAID POINT BEING THE NORnlERLl' TEPMINUS OF SAID EASTERLl' LINE SHOWN ON THE MAP OF SAID TRACT AS HAVING A BEARING AND DISTANCE OF N 00013'52" E, 640.00 FEET; THENCE CONTINUING EASTERLY = THE 00UN1lI\Rl' LINE OP SAID rm S 890S2'30" E, 174.87 FEET; THENCE LEAVING SAID 00UNDARl' LINE 5 34052'39" W, 65.55 FEET; 'lHmCE WESTERLY AND PARALLEL '10 IAST " SAID BOlJNIY\RY LINE N 89052'30" W, 60.00 FEET; nIENCE 5'37025'27" W, 70.48 FEET ,'lQ A POINT IN A LINE PARALLEL WITH AND 3S.00 FEET, MEASURED AT RIGHT ANGLES, EASTERLl' OF SAID EASTERLl' LINE, THENCE SOUTHERLl' PARALLEL WITH SAID EASTERLY LINE S 00013'52" W, 2S1.09 FEET, THENCE S 67014'2S" W, 38.02 FEET 'lQ A POINT IN SAID EASTERLl' LINE, THENCE NORnlERLl' = SAID IAST MFNI'IQ.lED LINE N 00013'52" E, 375.80 FEET '10 THE POINT OF BEX;INNING. ~ UESC"l..o .~,.;\ ,. ~ - ,,.,,.. ~ PSalMS/HARRISON & ASSOCIATES 0Vl. ~NGNEEIlS 3901 UME SlREU lAND PlANNERS RMRSa. CA 92501 lNDSURVEVOAS PHC:lN:17t4j.787-842t " '--' A A:W17"# "r:" ~c. ~~ T./ #OJ /?4 H/. .4~ THE L/#ES "~THE 6't:>//EKN,HENT .&/RVLY Atdy ~ E.rTEA/PEP AC.R~ THE R.MICAIO "v4'~CUP/~ j r " , Ezr L/#E LPT..l ~Ala //~30 1J .:Jr;tILL: [J /'- ""'~ ~ ~ l; ~ !Ii "" '" I I ~ ~~ ~ tl\ Il.\ III ~ ~~ ~ ,,~ ",' ~~ ~'" ~ ,~ ~ ~ ~ ~ ~ () ~ ~ ,v.4!I~e:&er'J</ ~ ~~ 161200' ~ ~ !l1 ~ ~~~~ iii ~ 4,ij 9 ~ ~ r .$4!J1~ :8c:::7"'€ /?',,( ~?" ~ ~ ~ ~ ~ 1- - , ,"-. c ,...-....., ""'" t 2 3 4 A PORTION OF SECTION 21, TOWNSHIP 1 NORTH. RANGE 4 WEST. AS THE LINES OF THE 6 GOVERtIMENT SURVEY MAY BE EXTENDED ACROSS THE RANCIIl MUSCUPIABE, IN THE CITY OF SAN 6 BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CAliFORNIA, AS PER PLAT RECORDED IN 7 BOOK 7 OF MAPS. PAGE 23, RECORDS OF SAID COUlITY. DESCRIBED AS FOLLOWS: 8 9 BEGINNING AT THE NORTHWEST CORNER OF THE LAIIO DESCRIBED IN THE DEED TO FOREST to PAGE RECORDED JULY 20, 1927, IN BOOK 255, PAGE 7B, OFFICiAl RECORDS; THENCE SOUTHERlY H AlONG THE lIESTERlY LINE OF LAST SAID LAND SD.14'lS.W, 456.30 FEET TO THE TRUE POINT t2 OF BEGINNING; THENCE CONTINUING AlONG LAST SAID WESTERLY LINE SO.14'lS.W. 605.00 t3 FEET; THENCE LEAVING lAST SAID LINE SBS.43'2S.W, 80.00 FEET; THENCE N33.18'19.W, t4 t5 16 17 1B 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~ PSOMAS/IIARRISON eM. ......... .............. I.ANJ PlNNAS II\/II5ElE.CA92:50t . ASSOaAlU INC) IUM'f'ORS M:N PM). 711-101 " , , , , . i I I I, 1 i i 1 I I , I , I I i , " ,I I I I I I I I ': , , I 'I I ; ~ 'I ....... A R:V?Tl()N (),t"JeCT/aA/ '.~!.JNI_,()w. M 11IG PNl5 Ii!F 00'& 4MYG;~T .drAWer NAr4GUTGNPUMC.frJh> TNG ..etA.t'NP ANAk"VP/A84. U HoMI: tI /',g' ~ ~ ~ ~ ~ ~ ~ ~ 1\ ~ ~ :::i ~ ~. ~ ~ ~ ~ ~ ~ S:i ~ '~ ~~ ~~ ~~ ~~ ~~ ~~ ~ TA7.B ~48' ~ 4- . 4O.J10' ~ ~ . ~" . ~ ....!'\ "'1:\ \1:) III . ""'- ~ ~..t. ~~ , "- ~~ \.Il~ t~ .~ tti A/.H( tZWAIE/?()F~AlP PG~RI&EP IAI AEEP 7V R:W4:5T ~ ~--P~l/~Y'.!t'.~'7 IN~ Z55,A;. 74 t:YF/C,d~ R4'awP4. ""--' , c- ...J r I I I , I , [ .~-';-.- '., ,: ~?~:~:~": ,::. ":~~'- .. . G. ~,..;;:. I . - n._.. _.._ . . ~". - ~ :'-~' - . l~ ,,"'.' ......, ,,~,"'" EXHIBIT "G" BLOCK PARCELS GRANT DEED DLC,=lh 6/1:/85; rev'd 6/26/85 File No, 13520 . '- Ord,!,No. ..scrowt-lo. t.oan No. - "-" ~/ WHEN RECORDED MAIL TO: City of San Bernardino 300 North "Oft Street San Bernardino, CA 92418 SPAce ABOVE THIS LINE FOR RECOROER'S USE MAil TAX STATEMENTS TO: [Same as above] lXlCU\1ENTARY TRANSFER TAX ~~n~f(ft-~ion less ...... Computed on thteomild.riltion or.,.I..1 of ~'I''E~l'ved; OR ...... Comp\lIed on mil considltiltion or ....lu. I_li,ns or ilneumbranc:ft r~aining'11im.of..I.. Silln,uu..ol OIlCI,'ln! O' A""I dilll,mlnlng 1.. "I.m Name CORPORATION G RAN TD EE D FOR A VALUABLE CONSIDERATION, .receipt of which is hereby acknowledged. BLOCK BROS. INDUSTRIES (U.S.A.), INC., . corporation or~aniled under the laws of the State of Washington . does hereby GRANT to THE CITY OF SAN BERNARDINO, a municipal corporation the real property in the City of San Bernardino ~ntyof San Bernardino . State of California, described as Lots "An, "8" and lie", Tract No. 11327, in the City of San Bernardino, County of San Bernardino, State of California, as per ~~p recorded in Book 179, of Maps, Pages 97 and 98 of Maps, in the Office of the San Bernardino County Recorder. Subject to general and special real property taxes and assessments and covenants, conditions, restric- tions, reservations, rights and rights-of-way of record. Dated BLOCK BROS. INDUSTRIES IU..S.A.), INC., a Washinqton corooration STATE OFCAL1FORNlA COUNTY OF "" IK , belO1'eIlMl. BV Title: President Itl. uncl__l9n<<1,a NotaryPubll<: In and foruid Slal.,~~ appur- ~ .... personally Ir.I'\OWI'\ 10 ma tor ~ 10 m_ onltle basilS 01 ..Ii#actory evidencelto be the pel"lON who _ll-=Uled 1M within lnatr\lment .. P,..lldenlend Secretary, "''IU~t.A~~~C~N~~~S, INDUSTRIES BV TJ.tle: Secretary tn_ CQI'ClOrIIliorlll'lerein netMld, end IICknowtilOQed 10 me tl'lellUctI COt- porelM)n eneutecl lIle within InlStrument pursuanl 10 ItI br~ 01' a ,..oIU1lOnditaboa.rcloldllwctora. WlTN ESS my hand alld othclal..aL Signature lTh;.....I....off;cl.lftOUI'i.I...1l 1144 (6/82) MAIL TAX STATEMENTS AS DIRECTED ABOVE / 4 ,. '- . , / .', ........ EXHIBIT "Hit ......" CITY PARCELS GRANT DEED DLC,c1h 6/11/85, rev'd 6/26/8S File No, IJS20 . . l Ord~"o. Escrow No. Loan No. ........ "......;; ",4 WHEN RECORDED MAIL TO: IlLOCK BroS. INOOSTRIES (U.S.A.) c/o Marllorough Developnent canpan One century Plaza 2029 Century Park East Suite l5S0 Los Angeles, CA 90067 Attn: Mr. I:X>rian Johnson MAIL TAX STATEMENTS TO: SPACE .'OVE THIS LINE FOA FlECOAOEA'S USE OOCI.JF'I'1ENTARY TRANSFER TAX S.._MMO...M._M_"'MmM__ SAflE AS _ ...... Cornputlcl on theconside1ation ory.v. of prop.erty cOFWWVIcl; OR ...... ComputMt ~ the consider'lion or ....11,1.1.. li_ or ,ncumbrltnC:. Amain1tlOlltimlofSll.. 511""""01 O.,l."nID,A,lnld...rm;nlngt.. - Flrm~ CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN BERNARDINO, JlX:Jl~l:ledKotl)d.X'rlucXaroctmJtbexScJttX'X a municipal corporation . does hereby GRANT to BLOCK BROS. INDUSTRIES (U.S.A,), INC., the real property in the City of San Bernardino County of San Bernardino . State of California, described as Per Exhibit "An, attached hereto and incorporated herein by this reference. Subject to general and special real property taxes and assessments and covenants, conditions, restric- tions, reservations, rights and rights-of-way of record. Dated CITY OF SAN BERNARDINO, a municipal corporation STATE OF CALIFORNIA. COU"'" Of "" 'K , ...-.... By ATTEST: Mayor - hu~aNowyPubllcinandIOl'NidSb.la.~~~"" M .... ~Iy known 10 ,... (01' prO'IIed 10 ,... 0fI ttll buia 01 utlslac:tOl)l evidencltl to be ttlcI ~l'IOns who I..ecul~ h within iN~nt .1 Mavor RlGlClKltancl City Clerk ~~~. cnbeMlft'l the City of San Bernardino C1ty Clerk ~~ APPROVED AS TO FORM: By By: C.lty Attorney .,... ~Iiort thlrlin namld, and IlCknOwlIdged to ml thll auc::h eOI'" PClfWiliOl'l IXlCUIId tna within lnltNtIloInl PUraullll to ila by-'-- or a .-olIoItiOnollt'~CloIdirKIOl'L WITNESS my "'-"d and oIIiel1lMaL SignaU'- ITl.i...Mlor ofticill nou.rlllMalI 1144 (6/821 MAIL TAX STATEMENTS AS DIRECTED ABOVE . . \". 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 29 30 31 32 "-' 4MAR0101 , 8/14/85 BDB (Appurtenance to Ten ta ti ve Tract No. 129S8) .....-, EXH'B.IT ';"'" LANDSCAPE PURPOSES LEGAL DESCRIPTlOO A PORl'ICN OF SECTION 21, 'l'C>>NSHIP 1 NOR'nl, RANGE 4 WEST, AS THE LINES OF THE GOVERNMENT SURVEY MAY BE EXTENDED ACROSS THE RANCHO KlSaJPIABE, IN nIE CITY' OF SAN BERNARDINO, COUN'IY OF SAN BERNARDINO, STATE OF CALIFORNIA, lIS PER PlAT RECORDED IN BOOK 7 OF' MAPS, PAGE 23, RECORDS OF SAID COUN'l'Y, DESCRIBED AS FO[,[,oos: ' BEXlINNING AT A PoItrr IN THE EASTERLY LINE OF u:n: 1, TRACT NO. 11330, AS PER MAP RECORDED IN BOOK 177 OF MAPS, PAGES 57 AND 58, RECORDS OF SAID COUN'l'Y, SAID POItrr BEING 'IllE NOlIDlERLY TERMINUS OF SAID EASTERLY LINE SHOWN ON THE MAP OF SAID TRACT AS HAVING A BEARING AND DISTANCE OF N 00013'S2" E, 640.00 FEE:!'; =CE CONTINUING EASTERLY = THE OOUNDIIRY LINE OF SAID u:n: S 89oS2'30"E, 174.87 FEE:!'; THE2'ICE LEAVING SAID BOllNIlARY LINE S 34052'39" W, 65.55 FEET; 1HENCE WESTERLY AND PARALLEL 'IO IAST .' SAID Bl:XJNDARy LINE N 89052'3,0" W, 60.00 FEET; ntENCE S 37025'27" W, 70.48 FEE:!' ,TO A POItrr IN A LINE PARALLEL WITH AND 35.00 FEE:!', MEASURED AT RIGIIT ANGLES, EASTERLY OF SAID EASTERLY LINE; THE2'ICE SOUTHERLY PARALLEL WITH SAID EASTERLY LINE S 00013'52" W, 251.09 FEET; 'nfENCE S 67014'25" W, 38.02 FEET 'IO A POINT IN SAID EASTERLY LINE; THENCE NORl'HERLY ALONG SAID lAST MENTIOO'ED LINE N 00013'52" E, 375.80 FEET'IO 'mE POINT OF SroINNING. ~ PSOMASIHARRISON &. ASSOCIATES ow. ENGNEEllS 3Q01 UMf STMn IN<<> PlAHNEns 1llVl:/lS(l(. CA. 92~1 lANOSUIM'fORS f'IiONEI714Jo1l7.a421 . , ~. ;.,' .-.. v "I \,- '-' .......,;' A .A::W?7G'# G'F ~C, ~~ r. / AI., .R.4 W .4:5 THE L/AI'ES t7'" THE &'t'VEKAlMENT .&VRYLY .JH4Y HE ErUA/PEP AC,R~ Th'E RM,lCh'O ...wU~CU.P/...ta.:. r " , EZr ,!/A/E LOT1 T.1i? AI", //S!JO U $PItG: t1/"~' 1 ~ t::. ;;; !>i .. ~ I I ~ ~~ ~ tl\ Il\ ~ ~ ~~ ~ ,~ ",' ~~ ~~ t::I ~ ,~ ~ ~ ~ ~ ~ C) ~ ~ #.49~'&CJ1V ~ .so aJ' ~ ~ ~ !l\ ~ i\j ~ ~ r /,~ 6?" ~ ~ 5~~~""$ ~ ~ ~ IS . . : r. ",^" 1 2 3 . 6 6 7 8 9 to it t2 t3 t4 tS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 "'...., ~~...... - -..,i A PORTION OF SECTION 21. TOWNSHIP 1 NORTH, RAllGE 4 lIEST, AS THE LINES OF THE GOYER/KIlT SURYEY MY BE EXTENDED ACROSS THE RAllCIIlIlUSCUPIABE, IN THE CITY OF SAIl BERllARDINO, COUNTY OF SAIl BERllARDINO, STATE OF CAlIFORIlIA. AS PER PlAT RECORDED IN BOOK 7 OF MAPS. PAGE 23. RECORDS OF SAID CMITY, DESCRIBED AS FOLLOWS: ! BEGINNING AT THE IlORTHllEST CORNER OF THE lAND DESCRIBED IN THE DEED TO FOREST PAGE RECORDED JULY 20. 1927, IN BOOK 255, PAGE 78, OFFICIAL RECORDS; THENCE SOUTHERLY ALONG THE lIESTERLY LINE OF LAST SAID lAND Soo14'150". 456.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG lAST SAID lIESTERLY 1I1lE S0014'15"", 605.00 FEET; THENCE LEAVING lAST SAID LINE 585043'25"", 80.00 FEET; THENCE N33"18'19"", 199.52 FEET; THENCE NO"14'15"E. 225.00 'FEET; THENCE 1141003'10"E, 290.69 FE , HE f)'\.o ,f/..o~ TRUE POINT OF BEGINNING. '}. "" ~o PSOMAS/IWlIIlSOH CM ......... ""lM IRIlt LNCl ~1I5 ....... CA 92!IOt aASSOaA1tS WCt~ MH(7WJ_Jl1-6Qt ~ \,. A A:'Wr/t?N aQ-cna.v 'Y.JN/~M A~ 11/G QAI~ ty: RlG~GAWMmr ~~r HAnIt&RTD/NPAGftHI mG ..etA.t"Nt? MYNttUP/A64. ......;