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ORIGlNAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Subject: Public Hearing 4:00p.m. - Resolution
Authorizing Execution of Agreement - Sale of
portion of City Water Department owned parcel
of real property generally located southwesterly
of Kendall Drive and Cajon Boulevard
Dept: Development Services
Date: April 5, 2006
File No. 15.05-247
Synopsis of Previous Council Action:
3/20/2006: Resolution No. 2006-73 adopted establishing fair market value and minimum sale
price for a portion of City Water Department owned parcel ofreal property generally located
southwesterly of Kendall Drive and Cajon Boulevard and public hearing set for April 17, 2006.
MCC Date: April 17, 2006
Recommended Motion:
I. That the Public Hearing for the sale of a portion of City Water Department owned parcel of
real property generally located southwesterly of Kendall Drive and Cajon Boulevard, be
closed.
2. Adopt Resolution.
~~
James Funk
Contact person: Jeanne'marie Fitzpatrick Phone: 5328
Staff Report /Maps/Reso./
Supporting data attached: Agreements/Exhibits Ward: 6
FUNDING REQUIREMENTS: Amount:
None
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes: ~~ 'I/I7/tJ~ #;)7
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I
Agenda Item No.
31
5/' / 06
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public hearing and Resolution authorizing execution of Agreement - sale of a portion of City Water
Department owned parcel of real property generally located southwesterly of Kendall Drive and Cajon
Boulevard.
BACKGROUND:
In 1972, the City of San Bernardino Water Department acquired a parcel located southwesterly of Kendall
Drive and Cajon Boulevard, along with other property holdings as part of the assumption of the San
Bernardino Water Utilities Corporation. The department has a water storage reservoir and well on this
property. The property is also adjacent to the Burlington Northern Santa Fe Railway Company (BNSF)
right-of-way.
BNSF is in the process of adding a third rail line through the Cajon Pass to improve its rail service
throughout southern California. In 2005, BNSF approached the Water Department regarding a long
narrow portion of this parcel with the initial intent of acquiring this property through eminent domain. As
a quasi-public agency, BNSF has the power of condemnation. However, after considerable research and
discussions between the Water Department and BNSF, subsequent negotiations were reached whereby
BNSF has agreed to purchase this portion of land without the use of condemnation. The purchase of this
land will not affect the existing reservoir and well site and the Water Department has no intention of
selling any more of this property.
The total area BNSF proposes to purchase is 14,923:1: square feet. An appraisal, as commissioned by
BNSF, was conducted by Marshall and Stevens Valuation Consulting (see attached appraisal and
summary of qualifications). Based on this report, the fair market value for this portion ofland was set at
$20,153.00 ($1.35 per square foot) which was approved by the Board of Water Commissioners in
November 2005. Pursuant to Section 2.65.050 of the San Bernardino Municipal Code, property may be
sold to another public agency without going through the public bid process, but a public hearing on the
proposed sale must still be held.
On March 20, 2006, Resolution No. 2006-73 was adopted setting fair market value of the portion of
parcel ofland at $20,153, and setting a public hearing for Monday, April 17, 2006. City departments were
notified of the proposed sale and no conflicts were noted.
FINANCIAL IMPACT:
All net sales proceeds will go to the Water Department. The buyer will pay all closing costs, including
the reimbursement for appraisal fees.
RECOMMENDATION:
That the hearing be closed and the attached resolution be adopted.
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VICINITY MAP
No Scale
CITY OF SAN BERNARDINO
ELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
PORTION OF PROPERTY TO BE SOLD
LOCATED SOUTHWESTERLY OF
KENDALL DRIVE AND CAJON BOULEVARD
~ indicates un-incorporated areas
~ within City's Spher~ of Influence
FileNo.: 15.05-2..41 Date: 2--/3-[)(P
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1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND
AUTHORIZING THE EXECUTION OF A PURCHASE AND SALES AGREEMENT
3 AND JOINT ESCROW INSTRUCTIONS AND THE EXECUTION OF A GRANT DEED
4 FOR THE SALE OF A PORTION OF CITY WATER DEPARTMENT OWNED
PARCEL OF REAL PROPERTY GENERALLY LOCATED SOUTHWESTERLY OF
5 KENDALL DRIVE AND CAJON BOULEVARD IN THE CITY OF SAN BERNARDINO
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BER.l\'ARDINO AS FOLLOWS:
8 SECTION 1. That the Mayor of the City of San Bernardino is hereby directed and
9 authorized to execute on behalf of said City, a Purchase and Sales Agreement and Joint Escrow
10
Instructions between the City of San Bernardino and BNSF Railway Company, a copy of which
11
12 is attached hereto as Exhibit "1" and made a part hereof, and a Grant Deed, a copy of which is
131attached hereto as Exhibit "2" and made a part hereof, for the sale of a portion of City Water
14 Department owned parcel of real property generally located southwesterly of Kendall Drive and
15 Cajon Boulevard. in said City, and more fully described in detail in said Exhibit "1" and said
16
Exhibit "2".
17
18
SECTION 2. Said Agreement shall be null and void if either party fails to
19 execute the Agreement within sixty (60) days of the date of adoption of this Resolution.
RESOLUTION OF THE CITY OF SAN BE~"lARDINO DIRECTING AND AUTHORIZING THE EXECUTIO~
OF A PURCHASE AND SALES AGREEMENT A~D JOINT ESCROW INSTRUCTIONS A~D THE
EXECCTION OF A GRANT DEED FOR THE SALE OF A PORTION OF CITY WATER DEPARTME~T
OWNED PARCEL OF REAL PROPERTY GENERALL Y LOCATED SOUTHWESTERLY OF KENDALL
1 DRIVE AND CAJO]\; BOULEVARD IN THE CITY OF SAN BERNARDINO
2
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a
meeting thereof
6
held on the day of
7
8 wit:
, 20_, by the following vote, to
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
11 BAXTER
12
MCGINNIS
13
DERRY
14
15 KELLEY
16 JOHNSON
17 MCCAMMACK
18
19
20
21
22
23
24
Approved as to Form:
City Clerk
The foregoing resolution is hereby approved this
day of ,20_
PATRICK J. MORRIS, Mayor
City of San Bernardino
25
26
27
~,;) '~
an, City Attorney
28
1 1 .'1' ..f\ 1
"
PURCHASE AND SALE AGREEMENT
AND
JOINT ESCROW INSTRUCTIONS
BETWEEN
CITY OF SAN BERNARDINO,
a municipal corporation, successor-in-interest to
SAN BERNARDINO WATER UTILITIES CORPORATION,
a California corporation
("SELLER")
AND
BNSF RAILWAY COMPANY,
a Delaware corporation
("PURCHASER")
....5~4.00J.. 59324 ,
TABLE OF CONTENTS
ARTICLE I. PURCHASE - PURCHASE PRICE - TITLE - ESCROW ................................1
1.01. Pu rc hase.. .......... ................... ............. ................ ....... .......................... .......... .......1
1.02. Pu rchase Price ....................................................................................................2
1.03. Title and Permitted Exceptions ........................................................................2
1.04. Ese row.. ............... ........ ......... .... ......... ............. ... ...................... ......... ......... ........ ..2
1.05. Section 1031 Exchange Option .........................................................................2
ARTICLE 11. TITLE - PHYSICAL CONDITION...................................................................3
2.01. Prelim inary Report ............................................................................................3
2.02. Property To Be Conveyed .................................................................................3
2.03. Physica I Con d it ion. ........... ...... .......:. .............. ....... ...................... .................... ...3
ARTICLE m. CLOSING DATE AND CLOSING...................................................................3
3.01. Closing and Closing Date ............................................................;.....................3
3.02. Obligations of Seller at Closing ........................................................................3
3.03. Obligations of Purchaser at Closing.................................................................4
3.04. Conditions to the Obligation of Seller at Closing............................................4
3.05. Conditions to the Obligation of Purchaser at Closing....................................4
3 .06. Term ina tion ......... .... ........... .......... ................................ ............ .................... ......4
ARTICLE IV. REPRESENTATIONS, WARRANTIES AND COVENANTS......................5
4.01. Representations and Warranties of Seller .......................................................5
4.02. Survival of Representations and Warranties of Seller ...................................6
4.03. Covenants of Seller ............................................................................................6
ARTICLE V. CLOSING COSTS, PRORA nONS ...................................................................7
5.01. Closing Costs ...................................................................................................... 7
5.02. Prora tions of Taxes ........................................ ............................. .......................7
( i)
.'\534-003 -- 5Q324 1
ARTICLE VI. BROKERAGE COMMISSIO:'lS.......................................................................7
6.01. Brokers or Finders ............................................................................................. 7
ARTICLE VII. MISCELLANEOUS ..........................................................................................7
7.01. Su r\'i"al of Terms............................................................................................... 7
7.02. In ten tionally Omitted ........................................................................................7
7.03. Affida\'it of Non-Foreign Status .......................................................................7
7.04. Binding Effect .....................................................................................................7
7.05. Enti re Agreemen t............................................................................................... 7
7.06. Head i ngs..... ............ ....... ........ ........ ......... .............. ....... ........ ...... .., .......... .............8
7.07. In te rp reta tion .............. ............ ......... ........ ............... ...... .................... ...... ........ ...8
7 .08. Notices. ............... ....... ................... .......... .................. ........ ................. ........... .......8
7.09. Governing Law ...................................................................................................8
7.10. Severability .........................................................................................................8
7.11. Waiver .................................................................................................................8
7.12. Time of Essence ..................................................................................................8
7.13. Inaction as Disapproval.....................................................................................8
7.14. Discretion in Exercising Judgment...................................................................9
7.15. Successors and Assigns ......................................................................................9
7.16. Reference to Days...............................................................................................9
7.17. Dates of Performance ........................................................................................9
7.18. Further Acts .......................................................................................................9
SCHEDULE OF EXHIBITS
LEG AL D ESCRIPTION ................................~.......................................................EXHIBIT "A"
PRELIMINARY REPORT............. ................. ............................................... ....... EXHIBIT" BOO
(ii)
A534-00J - 59324 I
PURCHASE AND SALE AGREEMENT
AND
JOINT ESCROW INSTRUCTIONS
This Purchase and Sale Agreement and Joint Escrow Instructions ("Agreement"), is
entered into as of this _ day of , 2005 ("Effective Date"), between the
City of San Bernardino, a municipal corporation, successor-in-interest to the San Bernardino
Water Utilities Corporation, a California corporation ("Seller"), and BNSF Railway Company, a
Delaware corporation, or its nominee ("BNSF" and/or "Purchaser"). Hereafter, Seller and
Purchaser are sometimes individually referred to as the "Party" and collectively as the "Parties".
RECIT ALS
This Agreement is made with reference to the following facts:
A. Seller owns certain real property (the "Property") particularly described in
Exhibit "A" attached hereto and by this reference made a part hereof.
B. Purchaser desires to purchase the Property from Seller, and Seller desires to sell
the Property to Purchaser, on the terms and conditions contained in this Agreement; and
C. The Parties desire to enter into this Agreement to memorialize the terms and
conditions upon which Seller shall sell, and Purchaser shall purchase, the Property.
OPERATIVE PROVISIONS
NOW THEREFORE, in consideration of the mutual covenants and conditions provided
in this Agreement, and the recitals set forth above, which are incorporated herein as a material
part of this Agreement, the Parties hereby agree as follows:
ARTICLE I
Purchase - Purchase Price - Title - Escrow
1.01. Purchase. Seller shall sell, and Purchaser shall purchase, all of the Property more
particularly described in Exhibit "A" attached hereto and by this reference made a part hereof.
Purchaser agrees to prepare a certificate of compliance ("Certificate of Compliance") in
connection with the transaction contemplated hereby, and Seller agrees to process such
Certificate of Complianc(! and provide for the recordation of it concurrently with the Closing
hereunder,
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Purchase ^gmnl 003
A5J4-003.. 59324 I
1.02. Purchase Price. The total consideration to be paid by Purchaser for the
acquisition o'f the Property shall be Twenty Thousand One Hundred Fifty-Three and Noll 00
Dollars ($20,153.00) (the "Purchase Price"), which Purchase Price is subject to the following
adjustments:
(a) Deoosit. One Thousand and Noll 00 Dollars ($1,000.00) shall be paid within ten
(10) business days of the Effective Date of this Agreement to Escrow (as defined
below), to be held in an interest bearing escrow account with interest accruing to
Purchaser (the "Deposit");
(b) Appraisal Fees. At the Closing, Purchaser shall reimburse Seller the sum of Four
Thousand and Noll 00 Dollars ($4,000.00), for the fees paid by Seller to Marshall
& Stevens, Inc. to conduct an appraisal of the Property on March 23, 2005.
Based on the foregoing adjustments, the total amount of cash to be deposited by
Purchaser at the close of Escrow (the "Closing") shall be Twenty-Three Thousand
One Hundred Fifty-Three and Noll 00 Dollars ($23,153.00).
Seller understands and agrees that the payment by Purchaser of the foregoing
amount constitutes full compensation for the purchase of the Property described
in Exhibit "A" attached hereto.
1.03. Title and Permitted Exceptions. The Property shall be conveyed to Purchaser
or Purchaser's assignee by grant deed of Seller (the "Grant Deed"). and shall not be subject to
any liens, charges, encumbrances, easements, restrictions, rights of way, conditions, tenancies,
uses, agricultural preserve contracts pursuant to the California Land Conversation Act of 1965
(the "Williamson Act"), exceptions or restrictions of any kind or character that Seller is aware of,
other than those which may be approved in writing by Purchaser following the date of this
Agreement (the "Permitted Exceptions").
1.04. Escrow. Within five (5) days of the Effective Date, Purchaser will open an
Escrow (the "Escrow") with Chicago Title Insurance Company, San Bernardino, California (the
"Escrow Agent"), for the purpose of completing the purchase and sale of the Property as
provided in this Agreement. This Agreement shall constitute the Escrow Instructions.
1.05. Section 1031 Exchange Option. Each Party hereto reserves the right, by written
notice to the other Party at any time before the Closing Date, to convert this transaction to an
exchange, which qualifies for non-recognition of gain under Internal Revenue Code Section
1031, and applicable provisions of the California Revenue and Taxation Code. Each Party
("Cooperating Party") agrees that, in the event the other Party ("Exchanging Party") converts this
transaction to an exchange, such Cooperating Party will cooperate with the Exchanging Party to
execute all amendments hereto, escrow instructions, documents, agreements, or other
instruments reasonably requested by the Exchanging Party in order to complete the exchange.
The Parties agree, however, that in no event shall the consummation of this transaction be
predicated on such an exchange, and that the Closing shall not be extended by such exchange.
The Cooperating Party in any such exchange shall not incur any additional liabilities, damages or
..,
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Purchase Agmnl 003
A534-003 - 59314 I
costs (including, but not limited to, reasonable attorneys' fees and related expenses) that may
arise from cooperating in the exchange.
ARTICLE II
Title - Physical Condition
2.01. Prelimina'1' Report. Attached hereto as Exhibit "8" is Preliminary Report
No. 57029324 (the "Preliminary Report") issued by Chicago Title Company (the "Title
Company") relating to the Property, which Preliminary Report will be updated by Purchaser after
the date hereof.
All monetary exceptions described in the Preliminary Report shall be removed by the
Escrow Agent at the Closing using the Purchase Price.
Purchaser shall advise Seller in writing of the non-monetary exceptions contained in the
Preliminary Report, which Purchaser is willing to accept as "Permitted Exceptions". Seller shall,
at its sole cost and expense, promptly undertake to eliminate or modify all other exceptions
contained in the Preliminary Report to the reasonable satisfaction of Purchaser. Seller shall use
its best efforts to promptly remove any such exceptions. In the event Seller is unable to remove
any such exceptions on or before the Closing Date, Purchaser may, at its option, (i) accept title
subject to the objections raised by Purchaser, or (ii) terminate this Agreement, in which case this
Agreement shall be of no further force and effect and all amounts deposited by Purchaser
hereunder shall be returned to Purchaser.
2.02. Property To Be Conveyed. Seller shall deliver good and marketable title to
Purchaser by Grant Deed, subject only to the Permitted Exceptions.
2.03. Physical Condition. Purchaser's obligations hereunder shall be conditioned upon
Purchaser's satisfaction with the physical condition of the Property, in Purchaser's sole and
absolute discretion. In the event that Purchaser disapproves the physical condition of the
Property, Purchaser shall give written notice of such disapproval to Seller and Escrow Agent,
this Agreement shall terminate, and neither Party shall have any further rights or obligations
hereunder.
ARTICLE III
Closing Date and Closing
3.01. Closing and Closing Date. The purchase and sale of the Property as provided in
this Agreement shall be consummated at the Closing which shall be held at the offices of the
Escrow Agent on, or before, the later of: (i) ninety (90) days of the Effective Date, or (ii) fifteen
(I5) days following completion of the Certificate of Compliance (the "Closing Date").
Purchaser may advance the Closing Date upon fifteen (15) days' prior written notice to Seller.
3.02. Obligations of Seller at Closing. At the Closing, Seller shall: (i) execute,
acknowledge and deliver the Grant Deed to Purchaser or Purchaser's assignee, which shall grant
and convey to Purchaser or Purchaser's assignee title to the Property, subject only to the
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Purchase AgrMt 003
A5]4-OO3 -- ~9J24 I
Permitted Exceptions, and (ii) cause the Title Company to issue a CL T A policy oftitle insurance
to Purchaser, subject only to the Permitted Exceptions ("Title Policy"). Purchaser shall pay the
cost of the Title Policy.
3.03. Obligations of Purchaser at Closing. At the Closing, Purchaser shall cause the
Escrow Agent to deliver to Seller the Purchase Price.
3.04. Conditions to the Obligation of Seller at Closing. In addition to any other
conditions provided in this Agreement for the benefit of Seller, the obligation of Seller to sell the
Property to Purchaser shall be subject to the condition that Purchaser shall have performed and
complied with all of the terms and conditions provided in this Agreement to be performed or
complied with by Purchaser before or at the Closing.
3.05. Conditions to the Obligation of Purchaser at Closing. In addition to any other
conditions provided in this Agreement for the benefit of Purchaser, the obligation of Purchaser to
purchase the Property from Seller shall be subject to the fulfillment of all of the following
conditions no later than the Closing Date:
(a) Seller shall have performed and complied with all of the terms and conditions
provided in this Agreement to be performed or complied with by Seller before or
at the Closing:
(b) Purchaser shall have approved any exceptions to title which are identified in the
Preliminary Report but which are not Permitted Exceptions; and
(c) Purchaser shall have approved the physical condition of the Property.
3.06. Termination. If any of the conditions to the Close of Escrow are not satisfied as
provided in this Agreement, the Party for whose benefit any unsatisfied condition exists may
terminate this Agreement and the Escrow, in which event all funds, including interest, and
documents deposited by either Party into the Escrow shall be returned to that Party forthwith. In
such event, the cancellation charges of the Escrow Agent shall be shared equally between the
Parties.
If the Escrow fails to close as a result of the default of either Party, the following shall
occur:
(a) If the Escrow fails to close as a result of the default of Seller, Purchaser may
terminate this Agreement and the Escrow and recover from the Escrow Agent all
funds, including interest, and documents deposited by it into the Escrow and may
pursue against Seller all remedies which Purchaser has at law or in equity,
including by condemnation, and may recover all costs, fees and expenses of every
kind and character whatsoever incurred in connection with the purchase and sale
of the Property, including attorneys' fees. In such event, the cancellation charges
of the Escrow Agent shall be paid by Seller.
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Purchase Agmnl 003
A534-OOJ .. ~9J24 I
(b) If the Escrow fails to close as a result of the default of Purchaser, Seller may
tenninate this Agreement and the Escrow and recover all documents deposited by
Seller into the Escrow.
IF PURCHASER DEFAULTS UNDER THIS AGREEMENT, SELLER SHALL
BE RELEASED FROM OBLIGATION TO SELL THE PROPERTY TO
PURCHASER, BUT SELLER, BY INITIALING THIS PARAGRAPH, SHALL
HA VE RELEASED PURCHASER FROM ANY CLAIMS OR CAUSES OF
ACTION ARISING OUT OF SUCH DEFAULT, AND SELLER SHALL HA VE
AGREED THA T SELLER SHALL RETAIN THE "DEPOSIT" AS
LIQUIDA TED DAMAGES, AND THAT SUCH RETENTION SHALL BE
SELLER'S SOLE REMEDY AGAINST PURCHASER IN REGARD TO SUCH
DEFAULT. THE PARTIES HERETO HAVE CONSIDERED THE AMOUNT
OF DAMAGES WHICH SELLER IS LIKELY TO INCUR IN THE EVENT OF
A DEF AUL T OR BREACH HEREUNDER BY PURCHASER, AND THE
PARTIES HERETO HAVE AGREED THAT THE DEPOSIT IS A
REASONABLE APPROXIMATION AND LIQUIDATION OF SELLER'S
POTENTIAL DAMAGES, CONSIDERING ALL OF THE CIRCUMSTANCES
EXISTING ON THE DATE OF THIS AGREEMENT, INCLUDING THE
RELA TIONSHIP OF THE SUM TO THE RANGE OF HARM TO SELLER
THAT REASONABL Y COULD. BE ANTICIPA TED AND THE
ANTICIPATION THAT PROOF OF ACTUAL DAMAGES WOULD BE
COSTL Y OR INCONVENIENT. THE RECEIPT AND RETENTION OF SUCH
AMOUNT BY SELLER IS INTENDED TO CONSTITUTE THE LIQUIDATED
DAMAGES TO SELLER PURSUANT TO THE CALIFORNIA CIVIL CODE,
AND SHALL NOT BE DEEMED TO CONSTITUTE A FORFEITURE OR
PENALTY WITHIN THE MEANING OF THE CALIFORNIA CIVIL CODE,
OR ANY SIMILAR PROVISION. SAID AMOUNT OF LIQUIDATED
DAMAGES SHALL BE IN LIEU OF ANY OTHER REMEDIES. DAMAGES
OR SUMS DUE OR PAY ABLE TO SELLER. IN PLACING THEIR INITIALS
A T THE PLACES PROVIDED, EACH PARTY SPECIFICALLY CONFIRMS
THE ACCURACY OF THE STATEMENTS MADE ABOVE.
PURCHASER SELLER
ARTICLE IV
Representations, Warranties and Covenants
4.01. Representations and Warranties of Seller. Seller represents and warrants to
Purchaser the following:
(a) Hazardous Substances. No part of the Property has been used by Seller for the
use, storage, disposal or release of toxic or hazardous substances or wastes and
that, to the best of Seller's knowledge, no part of the Property has ever been so
used. Seller acknowledges that, pursuant to State and Federal law, in the event
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Pur~hase Agmnl 003
A5J-'-OOJ - 5'1]241
that any toxic or hazardous wastes are ultimately found to have been located in or
on the Property as of the Closing, cleanup costs associated with such toxic or
hazardous wastes may be the responsibility of Seller, whether such costs are
incurred before or after the Closing.
(b) Notices of Violation. No notice of violations of city, county, state, federal,
building, land use, fire, health, safety, environmental. hazardous materials or other
governmental or public agency codes. ordinances, regulations, or orders have
been issued with respect to the Property.
(c) Litigation. No litigation is pending or threatened with respect to the Property,
Seller's interest therein, or which would otherwise inhibit Purchaser obtaining
clear title to the Property.
(d) California Law. There are no physical, legal, economic or political facts,
circumstances, problems or governmental actions with respect to the Property
which should be disclosed by Seller or its agents under California law, except
those which have been disclosed to Purchaser in detail, in writing.
(e) Liens. Performance of this Agreement shall not result in any breach of, constitute
any default relative to, or result in the imposition of any lien or encumbrance
upon the Property or any agreement or other instrument to which Seller is a party
or by which the Property may be bound.
The foregoing warranties shall be true as of the date of this Agreement and of the
close of Escrow. If, prior to the close of Escrow, Purchaser learns that any of the
foregoing warranties or any disclosures by Seller are misleading, incomplete or
otherwise incorrect, Purchaser may utilize any of its remedies provided in this
Agreement.
4.02. Survival of Representations and Warranties of Seller. The representations and
warranties provided in Section 4.01 shall survive the Closing and delivery of the Grant Deed and
shall not be affected by any investigation, verification or approval by either Party or by anyone
on behalf of either Party.
4.03. Covenants of Seller. Seller covenants and agrees as follows:
(a) Seller shall indemnify and hold Purchaser free and harmless from and against any
and all costs, expenses and liabilities (including attorneys' fees) which Purchaser
may suffer or incur as a result of: (i) acts of Seller, its agents or employees
occurring before the Closing Date, or (ii) any misrepresentation or breach by
Seller of any warranty provided in Section 4.01, or (iii) the failure of Seller to
, perform any of its obligations provided in this Agreement.
(b) Seller shall promptly payor cause to be paid, when due, and shall indemnify and
hold Purchaser harmless from and against, any and all taxes and assessments
payable with respect to the Property which accrue prior to the Closing Date.
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Purchast' Agmnl 003
A,J4..ooJ.. 59324 I
ARTICLE V
Closing Costs, Prorations
5.01. Closing Costs. Except as otherwise provided in this Agreement: (i) the charges
of the Escrow Agent, and other costs associated with the Escrow shall be paid by the Purchaser,
(ii) documentary transfer taxes and recording costs shall be paid by the Purchaser, (iii) Purchaser
will bear the cost of the Preliminary Report and the Title Policy, and (iv) all other expenses
incurred by Seller or Purchaser with respect to the transactions contemplated by this Agreement
including, without limitation, attorneys' fees, shall be paid by the Party incurring the same.
5.02. Prorations of Taxes. Secured property taxes assessed against the Property shall
be prorated at the Closing based upon the latest available tax bill. All prorations shall be based
upon a thirty (30) day month.
ARTICLE VI
Brokerage Commissions
6.01. Brokers or Finders. Each Party represents to the other Party that no broker has
been involved in connection with this transaction. It is agreed that if any claims for brokerage
commissions or finder fees are ever made against Seller or Purchaser in connection with the
transactions contemplated by this Agreement, all such claims shall be paid by the Party whose
actions or alleged commitments form the basis of such claims and the Party whose actions or
commitments form the basis of such claims shall indemnify and hold the other Party harmless
from and against any and all such claims and demands (including costs and attorneys' fees).
ARTICLE VII
Miscellaneous
7.01. Survival of Terms. The terms and provisions of this Agreement shall survive the
Closing and shall remain in full force and effect thereafter.
7.02. Intentionally Omitted.
7.03. Affidavit of Non-Foreign Status. Seller hereby certifies that it is not a foreign
corporation, foreign partnership, foreign trust, foreign estate, or non-resident alien for purposes
of the United States Income Taxation (as those terms are defined in the Internal Revenue Code
and Income Tax Regulations). Seller shall deliver to Purchaser at or before the Closing, such
documentation as may be reasonably requested by Purchaser to confirm that it is not a foreign
person in compliance with Internal Revenue Code Section 1445, and in compliance with the
California Franchise Tax Board.
7.04. Binding Effect. This Agreement shall be binding upon and shall inurt; to the
benefit of the Parties and their respective successors and assigns.
7.05. Entire Agreement. This Agreement contains the entire agreement between the
Parties relative to the subject matter of this Agreement and there are no oral or parol agreements
- 7 -
Purchase Agmnt 00)
....534-{)O3 - 59324 I
existing between them relative to the same which are not expressly provided in this Agreement.
This Agreement may only be modified by a writing executed by both of the Parties.
7.06. Head.ings. The Section headings contained in this Agreement are for reference
purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
7.07. Interpretation. Whenever the context so requires, the singular and the plural
shall each be deemed to include the other, and each of the masculine, the feminine and the neuter
shall each be deemed to include the other. Should any provision of this Agreement require
interpretation, it is agreed that the person or persons interpreting or construing the same shall not
apply a presumption that the terms of this Agreement shall be more strictly construed against one
Party by reason of the rule of construction that a document is to be construed more strictly
against the Party who itself or through its agent or counsel prepared the same or caused the same
to be prepared. The language in all parts of this Agreement shall be in all cases construed
simply, fairly, equitably and reasonably, according to its plain meaning and not strictly for or
against any of the Parties.
7.08. Notices. Any notice, consent, approval or other communication required or
permitted in connection with this Agreement shall be in writing and shall be personally served or
sent by certified United States mail, postage prepaid, return receipt requested, addressed to Seller
or Purchaser, as the case may be, at the addresses provided on the signature page hereof. Any
such notice, consent. approval or other communication shall be deemed served when received.
7.09. Governing Law. This Agreement shall be construed according to the internal
laws of the State of California.
7.10. Severability. If anyone or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision of this Agreement, and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had never
been contained in this Agreement. The Panies hereto agree to negotiate in good faith to replace
any illegal, invalid or unenforceable provision of this Agreement with a legal, valid and
enforceable provision that, to the extent possible, will preserve the economic bargain of this
Agreement, or otherwise to amend this Agreement to achieve such result.
7.11. Waiver. No waiver by either Party of any provision of this Agreement shall be
deemed a waiver of any other provision of this Agreement or of any subsequent breach by the
other Party of the same provision.
7.12. Time of Essence. Time is of the essence of this Agreement and each and every
provision of the same.
7.13. Inaction as Disapproval. Whenever a Party has the right to approve or
disapprove a matter provided in this Agreement within a specified period of time, the failure of
such Party to affirmatively approve or disapprove the same during the specified period of time
shall be deemed. to be its disapproval of such matter. Where no specific period of time for
approval or disapproval is provided in this Agreement, the Closing Date shall be deemed to be
the expiration of the period of time for approval or disapproval.
- 8 -
Purchase .4.gmnl 003
.;,.; ;.....;~13 u ~l,ll2J I
7.14. Discretion in Exercising Judgment. Whenever a Party has the right to exercise
its judgment or to make an election as provided in this Agreement, such judgment or election
shall be in the sole discretion of the exercising or electing Party.
7.15. Successors and Assigns. This Agreement shall be binding upon and shall inure
to the benefit of the respective Party's successors and assigns.
7.16. Reference to Days. Every reference in this Agreement to days shall be deemed
to be a reference to calendar days.
7.17. Dates of Performance. In the event that any date for performance by any either
Party of any obligation hereunder required to be performed by such Party falls on a Saturday,
Sunday or nationally established holiday, the time for performance of such obligation shall be
deemed extended until the next business day following such date.
7.18. Further Acts. Each Party shall cooperate with the other Party to accomplish the
transaction described herein, including the execution of such additional documents and the
performance of such additional acts as may be reasonably required to accomplish the same.
[END - SIGNATURES ON NEXT PAGE]
- 9 -
Purchase Agmnl 003
A5J4-Q03 - 59324 I
IN WlTNESS WHEREOF, the Parties have executed this Agreement as of the date first
above written.
SELLER:
CITY OF SAN BERNARDINO,
a municipal corporation, successor-in-
in terest to
SAN BERNARDINO WATER UTILITIES
CORPORATION, a California corporation
By:
Patrick J. Morris, Mayor
Address:
City of San Bernardino Municipal Water
Department
Altn: Stacey R. Aldstadt
General Manager
300 North D Street
San Bernardino, CA 92418
Approved as to form:
JAMES F. PENMAN, City Attorney
PURCHASER:
BNSFRAILWAY COMPANY,
a Delaware corporation
By:
Its:
Address:
BNSF Railway Company,
Altn: Robert E. Brendza
Director, Facility Development
740 East Carnegie Drive
San Bernardino, CA 92408-3571
M -7 1/2 /,1
1/ /. III
~jf.dbG
By
Purchase Agmnl 003
A5H-OOJ h S9J24 I
- 10-
LEGAL DESCRIPTION
A portion of that certain real property located in the County of San Bernardino, State of
California:
THAT PORTION OF LOT 11 OF THE MEYER AND BARCLAY
SUBDIVISION, RECORDED IN MAP BOOK 12, PAGE 18, RECORDS OF
SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS
FOLLO\\'S:
BEGINNING AT THE INTERSECTION OF THE \VESTERL Y LINE OF SAID
LOT 11 WITH THE NORTHERLY RIGHT OF WAY LINE OF
BURLINGTON NORTHERN SANTE FE RAILWAY COMPANY (150 FEET
WIDE, HALF \V1DTH), SAID POINT BEING ON A NON-TANGENT CURVE,
CONCA VE TO THE SOUTH, A RADIAL TO SAID POINT BEARS NORTH
18007'26" EAST; THENCE SOUTH 02053'30" WEST ALONG SAID
WESTERLY LINE OF LOT 11, A DISTANCE OF 51.84 FEET TO THE
BEGINNING OF A 5,779.65 FOOT RADIUS NON-TANGENT CURVE,
CONCAVE TO THE SOUTH, A RADIAL TO SAID BEGINNING BEARS
NORTH 18015'32" EAST; THENCE EASTERLY, ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 02046'40" AN ARC DISTANCE OF
280.21 FEET; THENCE NON-TANGENT TO SAID CURVE, NORTH
430\4"00" EAST A DISTANCE OF 53.96 FEET TO THE BEGINNING OF A
5,829.65 FOOT RADIUS NON-TANGENT CURVE, CONCAVE TO THE
SOUTH, A RADIAL TO SAID BEGINNING BEARS NORTH 2JOl4'13"
EAST: THENCE WESTERLY, ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 03046'47" AN ARC DISTANCE OF 316.74 FEET TO
THE POINT OF BEGINNING.
THE AREA OF THE ABOVE DESCRIBED PROPERTY IS
APPROXIMA TEL Y 14,923.45 SQUARE FEET MORE OR LESS.
EXHIBIT "A"
!l5}4-00J - S9JH I
PRELIMINARY REPORT
EXHIBIT "B"
Ml<'-OO3 _'93241
@ CHICAGO TITLE COMPANY
Date: August 18, 2005
CRYSTAL COPOPOINGER
GRESHAM, SAVAGE, NOLAN & TILDEN
550 EAST HOSPITALITY LANE, SUITE 300
SAN BERNARDINO, CALIFORNIA 92408-4205
Order No.: 57029324 - E57 .
Property:
RE:
In response to a request for our issuance of a Policy of Title Insurance, we enclose herewith
our Preliminary Report for your review.
Should you have any questions in connection with this or any other matter concerning the
above referenced order, please do not hesitate to contact our office.
Thank you for choosing Chicago Title Company.
Title Department:
@
CHICAGO TITLE COMPANY
560 E. HOSPITALITY LANE .
SAN BERNARDINO, CA 92408
(909)384-7811 fax: (909)384-7886
URSULA KIRKSEY
TITLE OFFICER
P~LTR -o9/'6/97bk
@
CHICAGO TITLE COMPANY
PRELIMINARY REPORT
Dated as of: July 22, 2005
Order No.: 57029324 - E57
at 7:30 AM
CHICAGO TITLE COMPANY hereby reports that It Is prepared to issue, or cause to be issued. as
of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or Interest therein hereinafter
set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance nol shown or
referred to as an Exception in Schedule B or not excluded from coverage pursuant 10 the printed Schedules, Conditions
and Stipulations' of said Policy forms.
The prinled Exceptions and Exclusions from Ihe coverage of said Policy or Policies are set forth in the attached list.
Copies of the Policy forms are available upon request.
Please read the exceptions shown or referred to In Schedule B and the exceptions and exclusions set forth In the
attached list of this report carefully. The exceptions and exclusions are meant 10 provide you with notice of matters
which are not covered under the terms of title Insurance policy and should be carefully considered. It Is important to
note that this preliminary report Is not a written representation as to the condition of title and may not list all liens.
defects and encumbrances affecting title to the land.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF
FACIUTATING THE ISSUANCE OF POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY: IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF POUCY OF TITLE INSURANCE, A BINDER OR
COMMITMENT SHOULD BE REQUESTED
The form of8oliCy of title insurance contemplated by this report Is:
CALIF RNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
Title Department:
Visit Us On The Web: chicagotftJe. com
@
CHICAGO TITLE COMPANY
560 E. HOSPiTALITY LANE
SAN BERNARDINO, CA 92408
(909)384-7811 fax: (909)384-7886
URSULA KIRKSEY
TITLE OFFICER
PFI' -08/'>5/__
SCHEDULE A
JrderNo: 57029324 E57
Your Ref:
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
2. Title to said estate or interest at the date hereof is vested in:
SAN BERNARDINO WATER UTILITIES CORPORATION, A CORPORATION
3. The land referred to in this report is situated in the State ofCa1ifornia, County of SAN BERNARDINO
and is described as follows:
SEE ATTACHED DESCRIPTION
p~ "0/31/97"
Page 1
Order No. 57029324
PARCEL 1:
DESCRIPTION
THAT PORTION OF LOT 11, MEYER AND BARCLAY SUBDIVISION, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON.
FILE IN BOOK 2 PAGE 32, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE CAJON" STATE HIGHWAY, SAID
POINT BEING NORTH 620 38' WEST 3251.20 FEET FROM THE SOUTHEASTERLY CORNER OF LOT
"10" OF SAID MEYER AND BARCLAY SUBDIVISION;
THENCE SOUTH 430 14' WEST ALONG A LINE AT RIGHT ANGLES TO THE SOUTHERLY LINE OF
SAID CAJON STATE HIGHWAY 500.00 FEET TO A POINT, BUT NOT SOUTH OF THE NORTH LINE
OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD;
THENCE NORTH 460 46' WEST 174.24 FEET TO A POINT;
THENCE NORTH 430 14' EAST 500.00 FEET, MORE OR LESS, TO A POINT ON THE SOUTHERLY
LINE OF SAID CAJON STATE HIGHWAY,
THENCE ALONG THE SAID SOUTHERLY LINE OF SOUTH 46" 46' EAST 174.24 FEET, MORE OR
LESS, TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF LOT 11, MEYER AND BARCLAY SUBDIVISION, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON
FILE IN BOOK 2 PAGE 32 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE CAJON STATE HIGHWAY, SAID
POINT BEING NORTH 620 38' WEST 3251.20 FEET FROM THE SOUTHEASTERLY CORNER OF LOT
10 OF SAID MEYER AND BARCLAY SUBDIVISION;
THENCE SOUTH 430 14' WEST ALONG A LINE AT RIGHT ANGLES TO THE SOUTHERLY LINE OF
SAID CAJON STATE HIGHWAY 512 FEET TO A POINT NORTH LINE OF THE RIGHT OF WAY OF
TrlE ATCHISON, TOPEKA AND SANTA FE RAILROAD;
THENCE WESTERLY ALONG SAID NORTH LINE OF SAID RIGHT OF WAY A DISTANCE OF 153
FEET TO A POINT;
THENCE NORTH 26" 31' EAST 596.6 FEET TO A POINT ON TnE SOUTHERLY LINE OF SAID
CAJON STAB HIGHWAY;
THENCE ALONG 460 46' EAST A DISTANCE OF 313 FEET ALONG THE SOUTHERLY LINE OF SAID
RIGHT OF WAY TO THE PLACE OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SAN BERNARDINO WATER UTILITIES
CORPORATION, A CORPORATION, BY DEED RECORDED MAY 29, 1933 IN BOOK B90 PAGE 294,
OFFICIAL RECORDS.
PARCEL 3:
THAT PORTION OF LOT 11, MEYER AND BARCLAY SUBDIVISION, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON
FILE IN BOOK 2 PAGE 32, OF MAPS, RECORDS OF SAID COUNTY, AS CONVEYED TO CAJON
LTD., A CORPORATION, BY DEED RECORDED IN BOOK 813 PAGE 64, OFFICIAL RECORDS,
LYING EAST OF THE WEST LINE OF SAID BLOCK 11; NORTH OF THE NORTH RIGHT OF WAY
LINE OF THE ATCHISON, TOPEKA AND SANT FE RAILWAY; NORTHWESTERLY OF THE
NORTHWESTERLY LINE OF THAT CERTAIN PROPERTY CONVEYED TO SAN BERNARDINO WATER
UTILITIES CORPORATION, A CORPORATION, BY DEEDS RECORDED IN BOOK 992 PAGE 262,
OFFICIAL RECORDS AND BOOK 890 PAGE 294, OFFICIAL RECORDS, AND SOUTHWESTERLY OF
THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTH~~STERLY LINE, DISTANT THEREON, SOUTH 260 31'
Page 2 DESCRIPTION
Order No. 57029324
WEST, 303.13 FEET FROM THE NORTHWEST CORNER OF SAID CERTAIN PROPERTY;
THENCE NORTH 220 52' 20" WEST 304.12 FEET;
THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 1425 FEET, THROUGH AN ANGLE OF
8' 08' 09" A DISTANCE OF 202, 35 FEET, TO A POINT IN THE WEST LINE OF SAID BLOCK
11, DISTANT THEREON, SOUTH 30 04' WEST, 128.87 FEET FROM THE INTERSECTION OF SAID
WEST LINE AND THE SOUTHWESTERLY LINE OF THE COUNTY ROAD, AS CONVEYED TO SAID
COUNTY BY DEED RECORDED IN BOOK 586 PAGE 344, OF DEEDS.
EXCEPTING FROM SAID PARCELS 2 A, B AND C, THOSE PORTIONS OF THE ABOVE DESCRIBED
PROPERTY CONVEYED TO THE STATE OF CALIFORNIA, BY DEEDS RECORDED MAY 15, 1937 IN
BOOK 1203 PAGE 418, OFFICIAL RECORDS, RECORDED SEPTEMBER 7, 1937 IN BOOK 1228
PAGE 214, OFFICIAL RECORDS AND RECORDED SEPTEMBER 7, 1937 IN BOOK 1231 PAGE 157,
OFFICIAL RECORDS.
SCHEDULE B
1ge 1
JrderNo: 57029324 E57
Your Ref:
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy
form designated on the face page of this Report would be as follows:
A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE
LEVIED FOR THE FISCAL YEAR 2005-2006 THAT ARE A LIEN NOT YET DUE.
B 2. PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW ARE PAID. FOR INFORMATION
PURPOSES THE AMOUNTS ARE:
FISCAL YEAR:
1ST INSTALLMENT:
2ND INSTALLMENT:
EXEMPTION:
CODE AREA:
ASSESSMENT NO:
2004-2005
$38.27
$38.24
$NONE
007-010
0262-022-01-0-000
c 3. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF
ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2,
CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF
THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT
OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF
POLICY.
D 4. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE
PUBLIC RECORDS.
B 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
RESERVED IN A DOCUMENT (NO REPRESENTATION IS MADE AS TO THE PRESENT
OWNERSHIP OF SAID EASEMENT)
PURPOSE:
RECORDED :
AFFECTS:
PIPES
JULY 19, 1883 IN BOOK 34 PAGE 196, OF DEEDS
CANNOT BE LOCATED FROM THE RECORDS
F 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
PURPOSE:
RECORDED:
AFFECTS:
DITCHES, FLUMES AND PIPES
DECEMBER 13, 1883 IN BOOK 36 PAGE 61, OF DEEDS
Ck~OT BE LOCATED FROM THE RECORDS
c; 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN 1>. DOCUMENT
GRANTED TO:
J. H. BARCLAY
PRES .'O/3;/e7t>>l:
Page 2
SCHEDULE B
(continued)
Jrder No: 57029324
E57
Your Ref:
PURPOSE:
RECORDED:
AFFECTS:
DITCHES, FLUMES AND PIPES
DECEMBER 20, 1883 IN BOOK 35 PAGE 458, OF DEEDS
PARCEL 1
H 8. VARIOUS AGREEMENTS, CONDITIONS, AND RESERVATIONS AS TO WATER AND EASEMENTS
AS SET FORTH IN THE DEED FROM F. H. BARCLAY, RECORDED JANUARY 9, 1884 IN
BOOK 36 PAGE 87, OF DEEDS.
THE EXACT LOCATION AND EXTENT OF SAID EASEMENTS ARE NOT DICLOSED OF RECORD.
I 9. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
THE SOUTHER.'l' SIERRAS POWER COMPANY
PUBLIC UTILITIES
DECEMBER 12, 1923 IN BOOK 822 PAGE 73, OF DEEDS
A PORTION OF SAID LAND
J REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
K 10. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, A
CORPORATION
PUBLIC UTILITIES
JULY 2, 1929 IN BOOK 518 PAGE 100, OFFICIAL RECORDS
A PORTION OF SAID LAND
PURPOSE:
RECORDED:
AFFECTS:
L REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
..., END OF SCHEDULE B
N NOTE NO.1: BEFORE ISSUING ITS POLICY OF TITLE INSURANCE, THIS COMPANY
WILL REQUIRE EVIDENCE, SATISFACTORY TO THE COMPANY, THAT SAN BERNARDINO
WATER UTILITIES CORPORATION IS VALIDLY FORMED AND IN GOOD STANDING ON THE
DATE WHEN DOCUMENTS IN THIS TRANSACTION ARE TO BE EXECUTED.
ANY INSTRUMENT IN WRITING IN THE NAME OF THE CORPORATION WILL BE SUFFICIENT
FOR TITLE INSURANCE PURPOSES IF, PURSUANT TO SECTION 5212 OF THE CALIFORNIA
CORPORATIONS CODE, IT IS SIGNED AND ACKNOWLEDGED BY ANY ONE OF THE
FOLLOWING OFFICERS:
o THE CHAIRMAN OF THE BOARD OF DIRECTORS,
o THE PRESIDENT,
o ANY VICE PRESIDENT
PREUMBC-ll/23/93bk
Page 3
SCHEDULE B
(continued)
JrderNo: 57029324
E57
Your Ref:
AND PROVIDED IT IS ALSO SIGNED BY ANY ONE OF THE FOLLOWING ADDITIONAL
OFFICERS:
. THE SECRETARY,
. ANY ASSISTANT SECRETARY,
o CHIEF FINANCIAL OFFICER,
o ASSISTANT TREASURER.
ANY DEVIATION FROM THE ABOVE WILL REQUIRE THE SUBMISSION TO THIS COMPANY OF
A RESOLUTION OF THE GOVERNING BODY OF SAID CORPORATION AUTHORIZING THE
TRANSACTION FOR WHICH THIS REPORT HAS BEEN REQUESTED, TOGETHER WITH A COPY
OF SUCH CORPORATION'S BY-LAWS. THE RESOLUTION TO DESIGNATE AS WELL, THE
OFFICERS AUTHORIZED TO EXECUTE ON THE CORPORATION'S BEHALF.
o NOTE NO.2: BEFORE ISSUING ITS POLICY OF TITLE INSURANCE, THIS COMPANY
WILL REQUIRE EVIDENCE, SATISFACTORY TO THE COMPANY, THAT BURLINGTON
NORTHERN SANTA FE RAILWAY IS VALIDLY FORMED AND IN GOOD STANDING ON THE
DATE WHEN DOCUMENTS IN THIS TRANSACTION ARE TO BE EXECUTED.
ANY INSTRUMENT IN WRITING IN THE NAME OF THE CORPORATION WILL BE SUFFICIENT
FOR TITLE INSURANCE PURPOSES-IF, PURSUANT TO SECTION 5212 OF THE CALIFORNIA
CORPORATIONS CODE, IT IS SIGNED AND ACKNOWLEDGED BY ANY ONE OF THE
FOLLOWING OFFICERS:
· THE CHAIRMAN OF THE BOARD OF DIRECTORS,
. THE PRESIDENT,
. ANY VICE PRESIDENT
AND PROVIDED IT IS ALSO SIGNED BY ANY ONE OF THE FOLLOWING ADDITIONAL
OFFICERS:
· THE SECRETARY,
. ANY ASSISTANT SECRETARY,
. CHIEF FINANCIAL OFFICER,
. ASSISTANT TREASURER.
ANY DEVIATION FROM THE ABOVE WILL REQUIRE THE SUBMISSION TO THIS COMPANY OF
A RESOLUTION OF THE GOVERNING BODY OF SAID CORPORATION AUTHORIZING THE
TRANSACTION FOR WHICH THIS REPORT HAS BEEN REQUESTED, TOGETHER WITH A COpy
OF SUCH CORPORATION'S BY-LAWS. THE RESOLUTION TO DESIGNATE AS WELL, THE
OFFICERS AUTHORIZED TO EXECUTE ON THE CORPORATION'S BEHALF.
p NOTE NO.3: THE REQUIREMENT FOR SUBMISSION TO THIS COMPANY OF A RESOLUTION
OF THE GOVERNING BODY OF SAN BERNARDINO WATER UTILITIES CORPORATION
AUTHORIZING THE TRANSACTION FOR WHICH THIS REPORT HAS BEEN REQUESTED
PRaJUec-O/23/03bk
Page 4
SCHEDULE B
(continued)
JrdeI No; 57029324 E57
Your Ref:
TOGETHER WITH A COPY OF SUCH CORPORATION'S BY LAWS. THE RESOLUTION MUST
DESIGNATE THE OFFICERS AUTHORIZED TO EXECUTE ON THE CORPORATION'S BEHALF.
Q NOTE NO.4: THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED
THROUGH THIS TITLE ORDER, WILL BE BASED ON THE BASIC (NOT SHORT-TERM) TITLE
INSURANCE RATE.
R NOTE NO.5: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION
WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS
FOR CHECKS DEPOSITED TO ESCROW OR SUB-ESCROW ACCOUNTS. THE MANDATORY HOLD
PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE
BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD OF
FROM TWO TO FIVE BUSINESS DAYS AFTER THE DAY DEPOSITED. IN THE EVENT THAT
THE PARTIES TO THE CONTEMPLATED TRANSACTION WISH TO RECORD PRIOR TO THE
TIME THAT THE FUNDS ARE AVAILABLE FOR DISBURSEMENT (AND SUBJECT TO COMPANY
APPROVAL), THE COMPANY WILL REQUIRE THE PRIOR WRITTEN CONSENT OF THE
PARTIES. UPON REQUEST, A FORM ACCEPTABLE TO THE COMPANY AUTHORIZING SAID
EARLY RECORDING MAY BE PROVIDED TO ESCROW FOR EXECUTION.
WIRE TRANSFERS
THERE IS NO MANDATED HOLD PERIOD FOR FUNDS DEPOSITED BY CONFIRMED WIRE
TRANSFER. THE COMPANY MAY DISBURSE SUCH FUNDS THE SAME DAY.
CHICAGO TITLE WILL DISBURSE BY WIRE (WIRE-OUT) ONLY COLLECTED FUNDS OR
FUNDS RECEIVED BY CONFIRMED WIRE (WIRE-IN). THE COMPANY'S WIRE-IN
INSTRUCTIONS ARE:
WIRE-IN INSTRUCTIONS FOR UNION BANK:
BANK: UNION BANK OF CALIFORNIA
1980 SATURN STREET
MONTEREY PARK, CA 91755
BANK ABA: 122000496
ACCOUNT NAME: CHICAGO TITLE COMPANY
INLAND METRO MARKET CENTER
ACCOUNT NO. : 9120052826
FOR CREDIT TO: CHICAGO TITLE COMPANY
560 EAST HOSPITALITY LANE
SAN BERNARDINO, CA 92408
FURTHER CREDIT TO: ORDER NO.: 057029324
PREllMBC-S/23/!l3bk
Page 5
SCHEDULE B
( continued)
Jrder No: 57029324 E57
Your Ref:
sa/UK
PREl.IMBC-e/23/03bl<
Notice
You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential
property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying
transaction, you may be entitled to multiple discounts.
If your previous transaction involved the same property that is the subject of your current transaction, you do not
have to do anything; tbe Company will provide tbe discount, provided you are paying for escrow or title services in
this transaction.
If your previous transaction involved property "different from tbe property that is subject of your current
transaction, you must inform the Company of the earlier transaction, provide the address of the property involved
in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount.
Unless you inform the Company of the prior transaction on property that is not the subject of this trllDS3.ction, the
Company has no obligation to conduct an investigation to determine if you" qualify for a discount. If you provide
the Company information concerning a prior transaction, tbe Company is required to determine if you qualify for
a discount.
AGN-11/'l2/o.M
CHICAGO TITLE INSURANCE COMPANY
Fidelity National Financial Group of Companies' Privacv Statement
July 1,2001
We recognize and respect the privacy expectation of today's consumers and the requirements of applicable federal and
state privacy laws. We believe that making you aware of how we use your non-public personal Information {"Personal
Information'), and to whom It Is disclosed, will form the basis for a relationship of trust between us and the public that we
serve. this Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time
to time consistent with applicable privacy laws.
In the course of our business, we may collect Personal Information about you from the following sources:
* From applications or other forms we receive from you or your authorized representative;
* From your transactions with, or from the services being performed by, us, our affiliates, or others;
* From our Internet web sites;
* From the public records maintained by governmental entitles that we either obtain directly from
those entities, or from our affiliates or others; and
* From consumer or other reporting agencies.
Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personallnforrnatlon
We maintain physical, electronIc and procedural safeguards to protect your Personal Information from unauthorized
access or Intrusion. We limit access to the Personal Information only to those employees who need such access In
connectIon with providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as Insurance companies, agents, and other real estate
settlement service providers. We may also disclose your Personal Information:
* to agents. brokers or representatives to provide you with services you have requested;
* to third-party contractors or service providers who provide services or perform marketing or other
functions on our behalf; and
* to others with whom we enter Into joint marketing agreements for products or services that we
believe you may find of Interest
In addition, we will disclose your Personal Information when you direct or give us permissIon, when we are required by
law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when
otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights
arIsing out of any agreement, transaction or relationship with you.
One of the Important responSibilities of some of our affiliated companies Is to record documents In the public domain.
Such documents may contain your Personal Information.
Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion
Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to
whom your Personal Information has been dIsclosed. Also, certain states afford you the rlght to request correction,
amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a
reasonable fee to cover the costs incurred in respondJng to such requests.
All requests must be made in writing to the following address:
Privacy Compliance Officer
Fidelity National Financial, Inc.
601 Riverside Drive
Jacksonville, FL 32204
Multiple Products or Services:
If we provide you with more than one financial product or service, you may receive more than one privacy notice from us.
We apologize for any inconvenience this may cause you.
Pf'NAC'IT - 10{21/03 M
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CL T A PRELIM I NARY REPORT FORM
Exhibit A (Revised 01/04/02)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss.or
damage, costs, attomeys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited/to building or zoning laws,
ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or
enjoyment of the land; OQ the character, dimensions or location of any improvement now or hereafter
erected on the land; 01) a separation In ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement
there of or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
2. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the
exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded In the public records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded In the pubic records at
Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Polley which
would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens. encumbrances, adverse claims or other matters:
(a) whether or not recorded In the public records at Date of Policy, but created, suffered, assumed or
agreed to by the insured claimant;
(b) not known to the Company, not recorded In the public records at Date of Policy, but known to the
insured claimant and not disclosed In writing to the Company by the insured claimant prior to the date the
insured claimant became an insured under this policy;
(e) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured had paid value for the
Insured mortgage or for the estate or interest Insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the Inability or failure of the Insured at Date
of Policy, or the Inability or failure of any subsequent owner of the Indebtedness, to comply with the
applicable doing business laws of the state in which the land is situated.
Invalidity or unenforceabllity of the lien of the insured mortgage, or claim thereof which arises out of the transaction
evidenced by the insured mortgage and Is based upon usury or any consumer credit protection or truth in lending law.
S Any claim which arises out of the transaction vesting in the Insured the estate of Interest insured by this
policy or the transaction creating the Interest of the insured lender, by reason of the operation of federal
bankruptcy, state insolvency or similar creditors' rights laws.
ClTASCP1-OJrzt/02AA
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
(Continued)
EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART 1
This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses)
which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the recorUs of any taxing authority that
levies taxes or aSsessments on real property or by the public records.
Proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, Interests. or claims which are not shown by the public records but which could be
ascertained by an inspection of the land which or which may be asserted by persons in thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a
correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are
shown by the public records.
Cl..TASC?2 - 03/20/m M
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/96)
AlTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/17/98)
EXCLUSIONS
In addition to the Exceptions In Schedule B, You are not Insured against loss, costs, attorneys' fees, aAd expenses
resulting from:
1. Governmental pollee power, and the existence or violation of any law or government regulation. This
Includes ordinances, laws and regulations conceming
d.
building
zoning
Land use
Improvements on the Land
Land division
environmental protection
a.
b.
c.
e.
f.
This Exclusion does not apply to violations or the enforcement of these matters If notice of the violation or
enforcement appears In the Public Records at the Policy Date.
This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed In accordance with applicable
building codes. This Exclusion does not apply to violations of building codes if notice of the violatIon
appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless
a. notice of exercising the rIght appears in the public records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the land
without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear In the Public
Records;
b. that are Known to You at the Polley Date, but not to Us, unless they appear in the Public
Records at the Policy Date:
c. that result in no loss to You; or
d. that first occur after the Policy Date. this does not limit the coverage described in Covered
Risk 7,B.d, 22, 23, 24 or 25.
5 Failure to pay value for YOUR Title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to In paragraph 3 of Schedule
A; and
b. in streets, alleys, or waterways that touch the Land.
This exclusion does not limit the coverage described In Covered Risk 11 or 1B.
CLTAHOf'- 03~/C2M
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule 8, you are not insured against loss, costs attorneys' fees, and expenses resulting
from:
1. Governmental police power. and the existence or violation of any law or governmental regulation.
This includes building and zoning ordinances and also laws and regulations concerning:
land use
Improvements on the land
land division
environmental protection
This exclusIon does' not apply to violations or the enforcement of these matters which appear in the public
records at Polley Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 d Covered Title Risks.
2. The right to take the land by condemning It, unless:
a notice of exercising the right appears in the public records on the Polley Date
the taking happens prior to the Policy Date and Is binding on you if you bought the land without
knowing of the laking
3. Title Risks:
that are created, allowed, or agreed to by you
that are known to you, but not to us, on the Polley Date - unless they appear In the public
records
that result in no loss to you
that first affect your title after the Policy Date - this does not limit the labor and material lien
coverage in item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
to any land outside the area specifically described and referred to in Item 3 of Schedule A
OR
in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage In Item 5 of Covered Title Risks.
A!..TA,C{!1P - 03/20{02 AA
AMER.ICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WlTH ALTA ENDORSEMENT-FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters Bre expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys' fees or expenses which arise by reason of:
1.
(a)
Any law, ordinance or governmental regulation (including but not limited to building and
zoning laws, ordinances, or regulations)restrlctlng, regulating, prohibiting or relating to (Q the
occupancy, use, or enjoyment of the land; (Ii) the character, dimensions or location of any
improvement now or hereafter erected on the land; (ill) a separation In ownership or a change
In the dimensions or area of the land or any parcel of which the land is or was part; or Qv)
environmental protection, or the effect of any violation of thes laws, ordinances or
governmental regulations, except to the ex1ent that a notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resutting from a violation or alleged violation affecting
the land has been recorded In the public records at Date of Policy.
Any governmental police power not excluded by (a) above, except to the extent that a notice
of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b)
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at
Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which
would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a)
(b)
created, suffered, assumed or agreed to by the Insured claimant;
not known to the Company, not recorded in the public records at Data of Policy, but known to
the Insured claimant and not disclosed in writing to the Company by the insured claimant prior
to the date the Insured claimant became an Insured under this policy;
resulting in no loss or damage to the Insured claimant;
attaching or created subsequent to Date of Policy (except to the extent that this policy Insures
the priority of the lien of the insured mortgage over any statutory lien for services, labor or
material or to the extent Insurance is afforded herein as to assessments for street
improvements under construction or completed at Date of Polley); or
resulting In loss or damage which would not have been sustained If the insured claimant had
paid value for the insured mortgage.
(c)
(d)
(e)
4. Unenforceabillty of the lien of the Insured mortgage because of the inability or failure of the Insured at Date
of Polley, or the InabUIty or failure of any subsequent owner of the Indebtedness to comply with applicable
doing business laws of the state In which the !and.b situated
5. Invalidity or unenforceabillty of the lien of the insured mortgage, or claim thereof, which arises out of the
transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection
or truth In lending law.
ALTALPE, -03/20/C2AA
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH AL T A ENDORSEMENT -FORM 1 COVERAGE
(CONTINUED)
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for servfces,
labor or materials over the lien of the Insured mortgage)arising from an improvement or work related to the
land which is contracted for and commenced subsequent to Date of Policy and is not financed In whole or
in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the
insured has advanced or Is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee Insured by this policy,
by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. that Is
baaed on:
(I) the transaction creating the interest of the insured mortgagee being deemed a fraudulent
conveyance or fraudulent transfer; or
0Q the subordination of the Interest of the insured mortgagee as a result of the doctrine of
(iii) equitable subordination; or
the transaction creating the interest of the insured mortgagee being deemed a preferential
transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or
lien creditor.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the
above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also Include the
following General Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses)
which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real properly or by the public records.
Proceedings by a public agency which may result In taxes or assessments, or notices, of such proceedings,
whether or not show~ by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making Inquiry of persons in possession thereot.
3. Easements, liens, or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a
correct survey would disclose, and whIch are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or In Acts authorizing the Issuance
thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are
shown by the public records.
AJ.Tfill"E2-ro/'lfJ/rJ2M
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLlCY (10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this polley and the Company will not pay loss or
damage. costs, attorneys fees or expenses which arise by reason of:
1.
Any law, ordinance or governmental regulation (Including but not limited to zoning laws.
ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy,
use, or enjoyment of the Land; (IQ the character, dimensions or location of any Improvements
now or hereafter erected on the Land ; 01i) a separation In ownership or a change in the
dimensions or areas of the Land or any parcel of which the Land is or was a part; or
(Ii)environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from a violatIon or alleged violation affecting
the Land has been recorded in the Public Records at Date of Policy. This exel,sion does not
limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy.
(b) Any governmental pollee power not excluded by (a) above, except to the extent that a notice
of the exercise thereof or a notice of a defect, lien or encumbrance resulting/rom a violation or
alleged violation affecting the Land has been recorded In the Public Records at Date of Policy.
This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of
this policy.
(a)
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in Ihe Public Records at
Date of Policy, but nol excluding from coverage any taking which has occurred prior 10 Date of Policy which
would be binding on the rights of a purchaser for value without KnolNtedge.
3. DefE;!cts, liens, encubrances, adverse claims or other matters:
(a)
created, suffered, assumed or agreed to by the Insured Claimant;
(b)
not Known to the Company, not recorded In the Public Records at Date of Policy, but Known
to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant
prior to the date the Insured Claimant became an Insured under this policy;
resulting in no loss damage to the Insured Claimant;
(c)
(d)
attaching or created subsequent to Date of Policy (this paragraph does limit the coverage
provided under Covered Risks 8.16,18, 19, 20,21,22.23,24,25 and 26); or
resulting in loss or damage which would not have been sustained If the I nsured Claimant had
paid value for the Insured Mortgage.
(e)
4. Unenforceability of the lien of the Insured Mortgage because of the Inability or failure of the Insured at Date
of Policy, or the inability or failure of any subsequent owner of the Indebtedness, to comply with applicable
doing business laws of the state In which the Land is situated.
5. Invalidity or unenforceability of the lien of the Insured Mortgage, orclalm thereof, which arises out of the
transaction evidenced by the Insured Mortgage and is based L!pon usury, except as pro\~ded in Covered
Risk 27, or any consumer credit protection or truth in lending law.
ALTAERl1-r:J3/20/02M
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)
(Continued)
6. Real property taxes or assessments of any governmental authority which become a lien on the Land
subsequent to Dale of Polley. This exclusion does not limit the coverage provided under Covered Risks 7,
8(e) and 26.
7. Any claim of Invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances
or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer
the owner of the estate or interest covered by this polley. This exclusion does not limit the coverage
provided in Covered Risk 8.
8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy,
and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the
existence of which are Known to the Insured at:
(a)
(b)
The time of the advance; or
the time a modification Is made to the terms of the Insured Mortgage which changes the
rate of interest charged, if the rate of interest is greater as a result of the modification
than it would have been before the modification. This exclusion does not limit the
coverage provided in Covered Risk 8.
9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after
Date of Polley in accordance with applicable building codes. This exclusion does not apply to violations of
building codes if notice of the violation appears in the Public Records at Date of Policy.
ALTAEfU - 03/ZJ/02 AA
AMERICAN lAND TILLE ASSOCIATION OWNER'S POUCY (10-17-92)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning
laws, ordinances, or regulatlons)restrictlng, regulating, prohibiting or relating to (Q the occupancy,
use, or enjoyment of the land; (II) the character, dimensions or location of any Improvement now or
hereafter erected on the land; (III) a separation in ownership or a change in the dimensions or area of
the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect
of any violation of these laws, ordinances or governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting. from a
violation or alleged affecting the land has been recorded in the pubic records at Date of Policy.
2. (b) Any governmental police power not excluded by (a) above, except to the extent notice of the
exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded In the public records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded In the public
records at Date of Policy, but not excluding from coverage any taking which has occurred prior to
Date of Policy which would be biding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a)
(b)
created, suffered, assumed or agreed to by the insured claimant;
not known to the Company, not recorded in the public records at Date of Policy, but
known to the insured claimant and not disclosed in writing to the Company by the
Insured claimant prior to the date the Insured daimant became an insured under this
policy;
resulting in no loss or damage to the Insured claimant;
attaching or created subsequent to Data of PoUcy; or .
resulting in loss or damage which would not have been sustained If the insured claimant
had paid value for the estate or Interest insured by this policy.
(c)
(d)
(e)
4. Any claim, which arises out of the transactIon vesting in-the insured the estate or Interest insured by
this poUcy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors'
rights laws, that is based on:
AL.AOPLl - 03/20/02AA
(I) the transaction creating the estate or Interest insured by this policy being deemed a
fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest Insured by this policy being deemed a
preferential transfer except where the preferential transfer results from the failure:
(a)
(b)
to timely record the instrument of transfer; or
of such recordation to impart notice to a purchaser for value or a Judgment
or lien creditor.
AMERICAN LAND TILLE ASSOCIATION OWNER'S POLICY (10-17-92)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
(Continued)
The above policy forms may be Issued to afford either Standard Coverage or Extended Coverage. In addition to
the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Polley will also
include the following General Instructions:
EXCEPTIONS FROM COVERAGE
This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making Inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts In boundary lines, shortage In area, encroachments or any other facts which
a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under
(a), (b) or (c) are shown by the public records.
ALTAOPl2 - 03/2C/02AA
EXHIBIT A
PARCEL 1:
THAT PORTION OF LOT II, MEYER AND BARCLAY SUBDIVISION, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON
FILE IN BOOK 2 PAGE 32, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE CAJON STATE HIGHWAY, SAID
POINT BEING NORTH 620 38' WEST 3251.20 FEET FROM THE SOUTHEASTERLY CORNER OF
LOT "10" OF SAID MEYER AND BARCLAY SUBDIVISION;
THENCE SOUTH 430 14' WEST ALONG A LINE AT RIGHT ANGLES TO THE SOUTHERLY LINE OF
SAID CAJON STATE HIGHWAY 500.00 FEET TO A POINT, BUT NOT SOUTH OF THE NORTH
LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD;
THENCE NORTH 460 46' WEST 174.24 FEET TO A POINT;
THENCE NORTH 43" 14' EAST 500.00 FEET, MORE OR LESS, TO A POINT ON THE
SOUTHERLY LINE OF SAID CAJON STATE HIGHWAY;
TIlENCE ALONG THE SAID SOUTHERLY LINE OF SOUTH 460 46' EAST 174.24 FEET, MORE OR
LESS, TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF LOT 11, MEYER AND BARCLAY SUBDIVISION, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON
FILE IN BOOK 2 PAGE 32 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON TIlE SOUTHERLY LINE OF THE CAJON STATE HIGHWAY, SAID
POINT BEING NORTH 620 38' WEST 3251.20 FEET FROM THE SOUTHEASTERLY CORNER OF
LOT 10 OF SAID MEYER AND BARCLAY SUBDIVISION;
THENCE SOUTH 430 14' WEST ALONG A LINE AT RIGHT ANGLES TO THE SOUTHERLY LINE OF
SAID CAJON STATE HIGHWAY 512 FEET TO A POINT NORTIl LINE OF THE RIGHT OF WAY OF
THE ATCHISON, TOPEKA AND SANTA FE RAILROAD;
THENCE WESTERLY ALONG SAID NORTH LINE OF SAID RIGHT OF WAY A DISTANCE OF 153
FEET TO A POINT;
THENCE NORTH 260 31' EAST 596.6 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID
CAJON STAB HIGHWAY;
THENCE ALONG 460 46' EAST A DISTANCE OF 313 FEET ALONG TIlE SOUTHERLY LINE OF
SAID RIGHT OF WAY TO THE PLACE OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SAN BERNARDINO WATER
UTILITIES CORPORATION, A CORPORATION, BY DEED RECORDED MAY 29, 1933 IN BOOK
890 PAGE 294, OFFICIAL RECORDS.
PARCEL 3:
THAT PORTION OF LOT 11, MEYER AND BARCLAY SUBDIVISION, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON
FILE IN BOOK 2 PAGE 32, OF MAPS, RECORDS OF SAID COUNTY, AS CONVEYED TO CAJON
LTD., A CORPORATION, BY DEED RECORDED IN BOOK 813 PAGE 64, OFFICIAL RECORDS,
LYING EAST OF THE WEST LINE OF SAID BLOCK 11; NORTH OF THE NORTH RIGHT OF WAY
LINE OF THE ATCHISON, TOPEKA AND SANT FE RAILWAY; NORTHWESTERLY OF THE
NORTHWESTERLY LINE OF THAT CERTAIN PROPERTY CONVEYED TO SAN BERNARDINO WATER
UTILITIES CORPORATION, A CORPORATION, BY DEEDS RECORDED IN BOOK 992 PAGE 262,
OFFICIAL RECORDS AND BOOK 890 PAGE 294, OFFICIAL RECORDS, AND SOUTHWESTERLY OF
THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE, DISTANT THEREON, SOUTH 260 31'
WEST, 303.13 FEET FROM THE NORTHWEST CORNER OF SAID CERTAIN PROPERTY;
THENCE NORTH 220 52' 20" WEST 304.12 FEET;
THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 1425 FEET, THROUGH AN ANGLE
OF 80 08' 09" A DISTANCE OF 202, 35' FEET, TO A POINT IN THE WEST LINE OF SAID
BLOCK 11, DISTANT THEREON, SOUTH 30 04' WEST, 128.87 FEET FROM THE INTERSECTION
OF SAID WEST LINE AND THE SOUTHWESTERLY LINE OF THE COUNTY ROAD, AS CONVEYED
TO SAID COUNTY BY DEED RECORDED IN BOOK 586 PAGE 344, OF DEEDS.
EXCEPTING FROM SAID PARCELS 2 A, B AND C, THOSE PORTIONS OF THE ABOVE
DESCRIBED PROPERTY CONVEYED TO THE STATE OF CALIFORNIA, BY DEEDS RECORDED MAY
15, 1937 IN BOOK 1203 PAGE 418, OFFICIAL RECORDS, RECORDED SEPTEMBER 7, 1937
IN BOOK 1228 PAGE 214, OFFICIAL RECORDS AND RECORDED SEPTEMBER 7, 1937 IN BOOK
1231 PAGE 157, OFFICIAL RECORDS.
A CORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE IMM/OOIYYI
12/01/05
~OOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Driver Alliant Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1620 Fifth Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
San Diego, CA 92101-2703 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
619-238-1828 . INSURERS AFFORDING COVERAGE
.SUAED City of San Bernardino INSURER A American Alternative
Municipal Water Department INSURER 8 Evanston Insurance
300 North "0" Steet, 5th Floor INSURER C St. Paul Surplus Lines
San Bernardino CA 92418 INSUAER 0
I INSURER E
OVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGReGATE LIMITS ,HOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
_"Ai TYPE OF INSURANCE POLICY NUMBER 6~~~~J~6<6~~~~ Pgk~CFYI~';J~~;~~N UMrTS
R,
" i OENERAL LIABILITY SDISSK 9 10052 6/30/05 6/30/06 EACH OCCURRENCE S 1000000
~MERCIAl GENERAL liABiliTY FIRE DAMAGE (Anyone tire) S 1000000
I CLAIMS MADE ~ OCCUR MEO EXP (Anyone personl S 10000
~ ,,,,co," ,,"~,,~ '"" PERSONAL & AOV INJURY S 1000000
; GENl "GGREGA TE liMIT APPliES PER GENERAl AGGREGATE s 3000000
PROQuCTS. CQMP/OP AGG S
'N PRO H
I , POLICY 'IF'CT loe
" ~OMOBllE LIABiliTY SDSA90004852 6/30/05 6/30/06 COMBINED SINGLE lIMI T
S 1000000
'x ANY AUTO I E oil acctdentl
~ All OWNED AUTOS BODIL Y INJURY S
rx1 SCHEDULED AUTOS (Per petson)
X HIRED AUTOS BODILY INJURY
r--x-l NON-OWNEC AUTOS IPer acCIdent! S
r Is
Bus. Auto I PROPERTy DAMAGE
, I (Per accident)
i GARAGE L1AB!L1TY I I AUTO ONLY. EA ACCIDENT S
, ,
rl Af~Y A'-ITO I OTHER THAN EA ACC .$
AUTO ONl Y AGG $
i EXCESS LIABILITY SDISSX920015 6/30/05 6/30/06 EACH OCCURRENCE S 1 0000000
~ OCCUR D CLAIMS MADE AGGREGATE 1$ 1 0000000
Is
~ I 1$
H DEDIJCTIBLE
, ! )
i AETEf'JTION $ I
WORKERS COMPENSATION AND I I ~R;~:;';'~S I 10TH.
ER
EMPLOYERS' LIABILITY
E L EACH ACCiDENT S
EL DISEASE - fA EMPLOYEE S
E l DISEASE. POLICY LIMIT S
i OTHER I XONJI77405 6/30/05 6/30106
I Excess Liab. $5000000 excess of $10000000
; I Excess Liab. I QY012225079 $4000000 excess of $16000000
SCRIPTION OF OPEAATtONSILOCATlONSIVEMICLESIEXCLUStONS ADDED BY ENDORSEMENT iSPECIAL PROVISIONS
Re 10 Number 05-28223-0
(See Attached)
RTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER. CANCELLATION
BURLINGTON NORTHERN & SANTA FE SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL [t19[ SR TB MAIL ~ DAYS WRITTEN
RAILWAY COMPANY,INS,COMPLlANCE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 15tll, A1LblRE T8 99 t:g rrtAlL
PO. BOX 12010-BN rU'OiiE "':' glr' ~ATlgtJ ~~ l".DoP ,,..,, Qr ....," ...,.,..... tin....,".' TL..I~ ,...el,Orl2 ITe I\n"'I!.ITC ng
HEMET, CA 92546-8010 AUT~ENTO ~~,
, Attn. A.mv Au-tin ~ )LL .__- ~
GRD 25-$ i7/971 '. 48 (iii ACORD CORPORATION 1988
IMPORT ANT
If the certificate holder is an ADDITIONAL INSURED, the policy(iesl must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsementlsl.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement Is).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer Is)' authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
;ORD 25-5 17/97)
CITY OF SAN BERNARDI~ MUNICIPAL WATER DEPARTMEN
CERTIFICATE OF INSURANCE
THE BURLINGTON NORTHERN, SANTA FE RAILWAY COMPANY AND STAUBACH GLOBAL
COMPANY ARE NAMED ADDITIONAL INSURED AS RESPECTS OPERATIONS OF THE
NAMED INSURED PER THE ATTACHED CG2010 FORM, PRIMARY WORDING APPLIES
FOR GL AND AUTO. THERE ARE NO EXCLUSIONS FOR RAILROAD PROTECTIVE,
XCU COVERAGE AND THERE ARE NO RESTRICTIONS AS TO DISTANCE OF WORK
PERFORMED NEAR RAILROAD.
POLICY NUMBER:
S .SSK910052
COMMERCI. GENERAL LI.~ILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
BLANKET AS REQUIRED BY WRITTEN CONTRACT
(If no entry appears above, information required to complete this
endorsement will be shown in the Declarations as applicable to this
endorsement. )
WHO IS
person or
liability
INSURED (Section II) is amended to include as an insured the
organization shown in the Schedule, but only with respect to
arising out of "your work" for that insured by or for you.
"It is agreed that such insurance as is afforded by this policy
for the benefit of the additional insured shown shall be primary
insurance, and any other insurance mainteined be the additional
insured(s) shall be excess and non-contributory, but only as
respects any claim, loss or liability arising out of the
operations if claim, loss or liability is determined to be solely
the negligence or responsibility of the named insured."
Copyright, Insurance Services Office, Inc., 1984
CG 20 10 11 85
Page 1 of 1
POLICY NUMBER:
SL JSK910052
COMMERCI
GENERAL LIABILITY
CG 24 04 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
BLANKET AS REQUIRED BY WRITTEN CONTRACT
(If no entry appears above, information required to complete this
endorsement will be shown in the Declarations as applicable to this
endorsement. )
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition
(Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by
the addition of the following:
We waive any right of recovery we may have against the person or
organization shown in the Scedule above because of payments we make
for injury or damage arising out of your ongoing operations or "your
work" done under a contract with that person or organization and
included in the "products-completed operations hazard". This waiver
applies only to the person or organization shown in the Scedule
above.
Copyright, Insurance Services Office, Inc., 1992
CG 24 04 10 93
Page 1 of 1
. RECORDING REQUESTED BY:
NHEN RECORDED MAIL THIS DEED AND,
UNLESS OTHERWISE SHOWN, MAIL TAX
STATEMENTS TO
.\P:\: Portion of 0262-021-11
SPACE ABOVE FOR RECORDER'S USE
GRANT DEED
FOR A V ALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The CITY OF
SAN BERNARDINO, a municipal corporation, hereby grants to BNSF RAILWAY COMPANY, a
Delaware Corporation, the real property in the City of San Bernardino, County of San Bernardino, State of
California, described as follows:
LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"
CITY OF SAN BERNARDINO,
a municipal corporation
DJted:
By:
PATRICK J. MORRIS, Mayor
STA TE OF CALIFORNIA
COL-;\TY OF
ACK."iOWLEDGEMEl\'T OF GRANTOR(S):
} S,S.-
On
, personally appeared
before me,
personally knO\\TI to me (or proved to me on the baSIS of salls factory evidence) to be the person(s) whose name(s) is/are subscribed
to the \\Ithin instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his her/their signature( s) on the instrument the person( s) , or the entity on behalf of which person(s) acted, executed the instrument.
\\'IT:\ESS my hand and official seaL
Slgnarure
LEGAL DESCRIPTION
A portion of that certain real property located in the County of San Bernardino, State of
California:
THAT PORTION OF LOT 11 OF THE MEYER AND BARCLAY
SUBDIVISION, RECORDED IN MAP BOOK 12, PAGE 18, RECORDS OF
SAN BERNARDINO COUNTY, STATE OF CALlFOR!\if -\, DESCRIBED AS
FOUo\VS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID
LOT II WITH THE NORTHERLY RIGHT OF WAY LINE OF
BURLINGTON NORTHERN SANTE FE RAILWAY COMPANY (150 FEET
WIDE, HALF WIDTH), SAID POINT BEING ON A NON-TANGENT CURVE,
CONCA VE TO THE SOUTH, A RADIAL TO SAID POINT BEARS NORTH
18007'26" EAST; THENCE SOUTH 02053'30" WEST ALONG SAID
\VESTERL Y LINE OF LOT II, A DISTANCE OF 51.84 FEET TO THE
BEGINNING OF A 5,779.65 FOOT RADIUS NON-TANGENT CURVE,
CONCA VE TO THE SOUTH, A RADIAL TO SAID BEGINNING BEARS
NORTH 18015'32" EAST; THENCE EASTERLY, ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 02046'40" AN ARC DISTANCE OF
280.21 FEET; THENCE NON-TANGENT TO SAID CURVE, NORTH
43014'00" EAST A DISTANCE OF 53.96 FEET TO THE BEGINNING OF A
5,829.65 FOOT RADIUS NON-TANGENT CURVE, CONCAVE TO THE
SOUTH, A RADIAL TO SAID BEGINNING BEARS NORTH 21014'\3"
EAST: THENCE \VESTERL Y, ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 03046'47" AN ARC DISTANCE OF 316.74 FEET TO
THE POINT OF BEGINNING.
THE AREA OF THE ABOVE DESCRIBED PROPERTY IS
APPROXIMATEL Y 14,923.45 SQUARE FEET MORE OR LESS.
EXHIBIT "A"
,\5]4-003 .- ~9n4 1
EXHIBIT
PLAT
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j-I !jJj. ~ 'J'") It.!
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adop~ed): 2/ J I ex 0 Item #
Vote: Ayes~ - (" Nays ~
Change to motion to amend original documents 0
'3/
Abstain
Resolution #
-&
~ tfJb- J J.- j
Absent 1
Companion Resolutions
Null/Void After: to 0 days / ~~
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor:
Date of Mayor's Signature:
s
Reso. Log Updated: ~
Seal Impressed: ~
Reso. # on Staff Report 0
Date ofClerklCDC Signature:
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
05/or:;/Ob
Date Returned: ~~a Not Returned: 0
2nd Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes~
No
No /
N01
No-L
NoL
By_
By_
By_
By_
By_
Yes
Yes
Yes
Yes
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator 0 Facilities 0 Parks & Recreation 0
City Attorney 0 Finance 0 Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others:
Notes:
Ready to File: _
Date:
Revised 12/18/03
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 4, 2006
RE:
Jeanne'marie Fitzpatrick, Real pxrt~ S~list
Rachel G. Clark, City~.
Transmitting Documents for Signature - Resolution 2006-123
TO:
FROM:
At the Mayor and Common Council meeting of May I, 2006, the City of San Bernardino
adopted Resolution 2006-123 - Resolution authorizing the execution of a Purchase and Sales
Agreement and Joint Escrow Instructions and the execution of a Grant Deed for the sale of a
portion of City Water Department owned parcel of real property generally located southwesterly
of Kendall Drive and Cajon Boulevard in the City of San Bernardino.
I am providing you with four (4) sets of original Purchase and Sale Agreement and Joint Escrow
Instructions. Please obtain signatures where indicated and retum two fully executed originals to
the City Clerk's office as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by Friday, June 30, 2006.
If you have any questions, please do not hesitate to contact Dodie Otterbein at ext. 3215. Thank
you.
I hereby acknowledge receipt of the above mentioned documents.
Signed:
Please sign and return.
Date:
GRESHAM SAVAGE NOLAN & TILDEN
A PROFESSIONAL CORPORATION
LAWYERS. FOUNDED 1910
fDJ ~ IV.-. is n \V7r?<,.' r;::-\...
f n) 15 '~..-' J.-.-::;:J l, J \.._' L:_.~ I ) \ ,
JI, IiI
-, ,
- i,___i
FOR THE FIRM:
J. Matthew Wilcox
e-mail: Matt.Wi1cox@greshamsavage.com
550 E. HOSPITALITY LANE, SUITE 300
SAN BERNARDINO, CALIFORNIA 92408-4205
(909) 884-2171 . FACSIMILE (909) 890-9690
www.greshamsavage.com
C~;j::'~-::~:J;t,
,-_,_.;'__-c-.~;;;,~,,:~,;,r', ,:E::,
June 21, 2006
VIA HAND DELIVERY
Jeanne'marie Fitzpatrick
City of San Bernardino
Development Services Department
300 N. "D" Street
San Bernardino, CA 92418
Re: BNSF Railway Company/City of San Bernardino
Dear Ms. Fitzpatrick:
In connection with the above-referenced transaction, enclosed please find one (1) fully
executed original of the Purchase and Sale Agreement and Joint Escrow Instructions ("Purchase
Agreement") for your records. Also enclosed are three (3) originals of an Assignment of Rights
Under Contract for execution by the City of San Bernardino in order to facilitate BNSF's 1031
exchange ("1031 Assignment"), as contemplated by Section 1.05 ofthe Purchase Agreement. If
the 1031 Assignment is acceptable, please have all three (3) originals executed and return all
three (3) originals to me.
Please feel free to call me should you have any questions or need anything further.
Very truly yours,
/110-
J. Matthew Wilcox, for
GRESHAM SA V AGE
NOLAN & TILDEN
JMW /cam
Enclosures
AS34-003--]08039,]