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Home My WebLink About75-Water Department -- - t . CIT_OF SAN BERNARDI. - REQUE. FOR COUNCIL AC.- I From: Bernard C. Kersey Ex-Officio Secretary Dept: Board of Water Commissioners ~bject: First Amen,tlment to Exchange of Real Property w1th Block Bros. Industries (U.S.il.), Inc. Date: March 14, 1986 Synopsis of Previous Council action: November 14, 1985 - Resolution No. 85-454 - Authorized execution of an Agreement for Exchange of Real Property between the City of San Bernardino and Block Bros. (U.S.A.), Inc. and determine that the property to be exchanged has a value of less than $2,000.00 Recommen<:led motion: Adopt Resolution authorizing the First Amendment of the Agreement for Exchange of Real Property between the City of San Bernardino and Block Bros, Industries (U.S.A.), Inc. In u- N L\- m 0 :I!: ~ X {.:;l 0 '"" N I ~ 0 u ~ UJ a: S'2 '~7 '/''') b-c i.Jla 1t:C (. 'l:> Signature , I.' /.._..1-1...(. ' ,J- I '!'L Contact person: Bernard C. Kersey Phone: 383-5393 Supporting data attached: Yes Ward: 5th FUNDING REOUIREMENTS: Amount: NA Sou rce: NA Finance: Council Notes: ]:'.026:': --- Agenda Item No. ~ ( - - - , . cn. OF SAN BERNARDI. - REQU~ FOR COUNCIL AC.N STAFF REPORT The Water Department owns property in the name of the City on top of the easterly portion of Shandin Hills. This property is for our reservoir site. Additional property is owned which extends down the south side of Shandin Hills. Block Bros, Industries, <U.S.A.), Inc. are developing Tract No. 12955. Previous action by the Mayor and Common Council authorized execution of an Agreement for Exchange of real property with Block Bros. Block Bros. Industries <U.S.A.), Inc. has submitted a First Amendment to the agreement referenced above to provide for the following: Extend the Close of Escrow date to July 31, 1986. . Realign the fire access road appurtenant to Tent- ative Tract. No. 12955 The realignment of the fire access road is required because the Tentative Tract Map No. 12955 was amended. The proposed amendment was approved by the Board of Water Commissioners at their regular meeting held March 4, 1986. 75.0264 . 10 I 111 1211 l:j II I 14! I liil I 101 171 IS1 1 !J I 1 j I j, I' I 1 i 21 1 "j ')1 A RESOLUTION OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE I' EXECUTION OF A FIRST AMENDMENT TO THE AGREEMENT FOR EXCHANGE OF ,1 ,i REAL PROPERTY BETWEEN THE CITY OF SAN BERNARDINO AND BLOCK BROS. !ili INDUSTRIES (U.S.A), INC. (ill 711 . . . RESOLUTION NO. BE IT RESOLVED by the Mayor and Common Council of the City of San Bernardino as follows: 8 SECTION 1. RECITALS !l A. The City of San Bernardino entered into an Agreement for Exchange of Real Property, Grant of Easement and Escrow Instructions on November 22, 1985, authorized by Resolution No. 85-454 with Block Bros, Industries (U.S.A.), Inc. B. The City of San Bernardino and Block Bros. Industries (U.S.A.), Inc. now desire to amend the Agreement to extend the close of escrow and redefine the Fire Access Road Easement. SECTION 2. AUTHORIZATION FOR AMENDMENT OF AGREEMENT The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a First Amendment to the Agreement for Exchange of Real Property ~~I with Block Bros, Industries (U.S.A.), Inc., a copy of which is I attached hereto, marked "Exhibit A", and incorporated herein by ~2 2;~ 21 2;,1 I ')1)1 ~71 I 2~1 reference as fully as though set forth at length, and to deliver into escrow the Amendment and Fire Access Road Easement required thereby. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on the day of , 1986 by the following vote to wit: . . , I I ] I I 21 " " 11 c I' " ('I )1 7 R HI 101 , 11 i I I 121 1J II 1411 1 f) II Hil . . . AYES: Council Members: NAYS: ABSENT: SHAUNA CLARK, CITY CLERK (Seal) The foregoing Resolution is hereby approved this ____ day of , 1986. MAYOR OF THE CITY OF SAN BERNARDINO APPROVED AS TO FORM: 17. I 1R! ~fi,'A' I ::'I'~[: 19 I City ttorney 20'1 21 '")'-) .....~ I "'ll "'.~ ! 24 2fl I 2G11 271\ 2/\ I I' II 'I II --2- , . . J. SJD/mwb 02126/86 File No. 13520 . FIRST AMENDMENT OF AGREEMENT FOR EXCHANGE This First Amendment of Agreement for Exchange (the "First Amendment") is entered into to be effective on 1986, between THE CITY OF SAN BERNARDINO, a municipal corporatlon ("City") ,and BLOCK BROS. INDUSTRIES (U.S.A.), INC., a Washington corporation ("Block") with reference to the following facts: A. City and Block executed that certain Agreement for Exchange of Real property, Grant of Easements and Escrow Instruc- tions dated to be effective as of November 22, 1985 (the "Agree- ment") . B. City and Block now desire to amend the Agreement as provided herein. THEREFORE, City and Block hereby agree as follows: 1. Definitions. Except as otherwise expressly pro- vided herein, the cap~tal1zed terms used in this First Amendment shall have the same meanings as are given such terms in the Agreement. 2. Close of Escrow. Paragraph 4.02 of the Agreement is amended by delet~ng the date "August 31, 1985" therein and substituting in lieu thereof the date "July 31, 1986." 3. Fire Access Road Easement. Exhibit "1" to the Fire Access Road Easement wh~ch appeared as Exh~b~t "E" of the Agreement is hereby deleted and the attached Exh~b~t "1" is substituted in lieu thereof. 4. Counterparts. This First Amendment may be exe- cuted in counterparts, each of which shall be considered an original and all of which taken together shall constitute one and the same instrument. in, and 5. Ratification. the terms and cand1t1ons confirmed. Except as expressly modified here- of the Agreement are hereby ratified Attest: CITY OF SAN BERNARDINO, a municipal corporation By, Mayor C.lty Clerk Approved as to Form: d:' .) f? . ttlfti" '/(1-. ~..~.~ C1ty Attorney "City" BLOCK BROS. INDUSTRIES (U.S.A.), INC., a Washington corporation By' Title: By' Ti tle: EXHIBIT "A" . . 2 3 4 5 6 7 8 9 10 . .ROI0l 8/86 - TFW . APPURTENANT TO TENT. TR. NO. 12955 FIRE ACCESS ROAD & SLOPE EASEMENT THAT PORTION OF LOT 1 OF TRACT NO. 11327, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 179, PAGES 97 AND 98 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THAT CERTAIN COURSE IN THE SOUTHERLY BOUNDARY OF SAID LOT 1 SHOWN ON SAID MAP AS NORTH 11 760 38' 06" WEST, 335.57 FEET, DISTANT THEREON NORTH 760 12 13 14 15 16 17 38' 06" WEST, 113.06 FEET FROM THE SOUTHEASTERLY TERMINUS THEREOF, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 125.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT HAVING A BEARING OF SOUTH 880 50' 44" EAST; THENCE NORTHERLY AND NOR'l'HWfo;STERLY ALONG SAID CURVE 118.03 FEET THROUGH A CENTRAL ANGEL OF 540 OS' 18 56": THENCE TANGENT TO SAID CURVE NORTH 520 56' 40" WEST, 19 125.89 FEET; THENCE NORTH 700 17' 58" WEST, 40.00 FEET TO 20 21 22 23 24 25 26 27 28 29 30 31 32 THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT HAVING A BEARING OF SOUTH 7Do 17' 58" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE 36.99 FEET THROUGH A CENTRAL ANGLE OF 420 23' 02"; THENCE SOUTH 480 52 I 41" EAST, 171.53 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 65.00 FEET, SAID CURVE BEING CONCENTRIC WITH THAT CERTAIN CURVE HEREINABOVE DESCRIBED AS HAVING A RADIUS OF 125.00 FEET: THENCE SOUTHEASTERLY ALONG SAID CURVE 43.39 FEET THROUGH A CENTRAL ANGLE OF 380 14' 35" 'ro SAID SOUTHERLY BOUNDARY OF LOT 1: THENCE ALONG SAID SOUTHERLY BOUNDARY SOUTH 760 38' 06" EAST, 62.79 FEET TO THE POINT OF BEGINNING. 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