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CITY OF SAN BE~ARDINO ,J- MEMORANDU~J
To Members of the City Council
Subject Council Meeting, 1: 00 p.m., RDA Board Room
From
Council Office
Date
July 9, 1986
Approved
Date
The attached pertains to the 40th
market development which Paul Max has
Lucky's Market.
Street, Sierra Way
been working on with
This is an urgent request, since the deadline for dollars
is prior to the July 21st meeting. It was not on the July 7th
agenda because approval had not been obtained from the surround-
ing businesses.
Everything has now been coordinated, approved and only re-
quires Council approval.
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PHIL A. ARVIZO
Administrative Assistant
to the Council
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16101 AVENUE OF THE BTA~B . LOB ANGELES. CAUFOFlNlA BOOB7-S0aO . (2131 277-ceOO
GARY M, BELINGLOPH
..NIO.. vIe. PAII.IC.NT
July 3, 1986
Mr. Sheldon Latt
Latt Realty
14964 Ventura Boulevard
Sherman Oaks, California 91403
RE: Sierra Gateway Shopping Center
San Bernardino. California
Dear Sheldon,
Per our conversation this date, the following should serve as an update of where we stand
in regards to our existing acquisition/construction loan and the problems we will be facing in the
immediate future if we are unable to close this loan on or before July 18, 1986.
Before expounding on what has transpired to date and the problems facing us after July
18, it is important for you to be aware that during our meeting with National Bank of Long
Beach on June 20, in which both Aaron Latt and Paul Max were in attendance, we were
informed that the lender was currently out of the market and hod subsequent request thot were
available if we could not close our loan in the immediate future. At that meeting it was
decided that we would close on June 30th to July 3rd.
Since National Bank of Long Beach is owned by a Danish holding corporation, they have
alternative usage for the funds if we continue to miss closing dates.
The following should provide you with an outline of where we stand:
I. Signed exclusive on January 9, 1986, with me to acquire loan.
2. Procurred application from Balcor dated February 5, 1986.
3. Balcor did site inspection on February II, 1986.
4. Balcor approved February 21, 1986; 60 day commitment.
5. April 21, 1986 Balcor commitment expired. Balcor wanted additional fees to extend 30
days, decision was to pass since you were unable to guarantee a closing on or before
May 21. This proved to be a good decision since the loan would not have closed, and you
would have lost any and all fees posted for the extension and additional fees would have
had to be posted. I feel that after the second extension their interest would hove
negated.
6. We regrouped May 1st and prepored new brochures. Talked to a number of lenders, all
were extremely busy and indicated it would take three to four weeks to begin their
analysis, and about four weeks to procure a commitment letter. This meant we would
not be going to loan committees for approval until the last week of June or later should
any problems arise.
REAL. ESTATE INVESTMENT BANKERS
('':~NENBUCK - GOLDMAN CCC" O. C4.,'0"N...
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July 3, 19B6
Sheldon Latt
Thus, loon closing would transpire the end of July or first of August at best. This was
not satisfactory at that time because you were expecting to start construction no later
than July I, thus we need to close the acquisition/construction loon no later than June
30, 19B6. .
7. As you ore aware, I contacted Notional Bonk of Long Beach. As 0 favor they placed
your deal ahead of many others that were currently in the shop for review. Within four
days they provided us with on application, and thus, we were under application right
around May 1st.
They than pushed the appraisal and approval process in order to meet our guide lines of
being ready to close 0 loon by the third week in June. This was on accommodation on
their part which was being requested by us.
They performed, and currently they do not understand why the delay continues in
regards to the closing of the loon. We indicated the loon would close between June 30
and July 4, then we told them the closing would occur the second week of July, and now
we ore telling them that it is being postponed to the third week in July.
They hove indicated that they feel we pushed them to meet unrealistic deadlines, and
subsequently they hove moved out of the market. They could hove approved another
transaction which would have closed os scheduled.
Since the parent company of Notional Bonk of Long Beach has set these funds aside and
expected to close by no later than June 30, they earmarked these funds to be earning
2% over prime or 1G'z% and not set said funds on overnight investments of soy 7%.
Sheldon, os I hove indicated, if we are not able to bring all matters to 0 quick conclusion,
and thus, close the loon on or before July IB, I con not guarantee that the lender will be in a
position to honor their application. If the parent company has on alternative investment which
provides them 0 similar yield, I om concerned that they may choose the alternative, especially
if said alternative con close quickly.
I do not want to be pessimistic, however, I do believe you should be mode aware of the
fact that after July IB, I can not guarantee what the lenders will do, and we con only monitor it
on 0 day to day bois.
It is 0 shame to get this for and lose on excellent loon only because of 0 two doy delay,
but as you ore aware, we ore in receipt of the loon documents which require only your execution
and said loon con close, and we con get this project underway.
If we lose this loon, you ore aware that any and all fees placed as good faith will be kept
by the lender.
> CNNENBUCK - GOlDMAN CCC'. O. C""'OoiN'"
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July 3, 1986
S~ldon Latt
In order to arrange 0 new loon you will be required to arrange 0 ntlw appraisal becouse
the existing appraisal is more than 6 months old. After receipt of the appraisal, soy 30 days, it
will toke another 60 to 90 days to locate 0 new lender and get approval. In addition to this time
frame, you should schedule an additional 30 days to close the loon. You could be looking at 0
150 day delay or 0 closing in January 1987.
Sheldon, it is also important to note that os your representative, I feel I hove performed
and provided you with loons that hove met the criteria you desired and would expect to receive
said one percent fee of the loan amount whether or not the loon closed. In order for us to
continue representing Sierra Gateway Partners we would hove to enter into 0 new exclusive
agreement which we will need on additional one percent fee once 0 new loon is arranged.
I am sorry that you ore incurring enormous fees in regards to arranging, but the delays
ore not on the port of myself or the lenders, and the good faith cleposits and my fees will run in
excess of $100,000 should Notional Bonk of Long Beach not fund. These fees will hove to be
repaid when you go bock into the market to rearrange the loan for the third time.
It should also be noted that should we hove to gear up and find 0 new lender, this project
has been presented to 0 number of lenders, and would be considered shop worn. Arranging on
open ended construction loon for the third time becomes more difficult.
Please let me know if I con be of any further asistance and hopefully everything con be
handled in 0 time frame with Lucky's so that we will be able to close the loon on or before July
18.
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ERN ARDIN 0 300 NORTH "0" STREET. SAN BERNARDINO. CALIFORNIA 1241B
EVLYN WILCOX
Mavor
Members of the Common Council
EIther EJtradll. . . . . . . . . . . . . First Ward
Jack ReUly............. .SacondW.rd
Relph HerqnCIU . . . . . . . . . . . Third Ward
Steve Marks . . . .. .. " . . . . Fourtt"lWarcl
Gordon QUM' . . . . . . . . . . . . . Fifth Ward
OlIn Fruler . . . . . . . . . . . . . . Sixth Ward
Jaek Strickler . . . . . . . . . . . .seventh Ward
July 8, 1986
Angelos Bootery
Mr. and Mrs. Angelo Mazza
4108 North Sierra Way
San Bernardino, CA 92407
Dear Mr. , Mrs. Mazza:
This is to inform you that the Mayor and Common Council are
holding a special meeting to discuss and consider adoption of
a resolution adopting an overlay zone imposing architectural
development standards for property located in the vicinity of
40th Street and Sierra Way. The meeting is to be held on
Thursday, July 10, 1986 at 1:00 p.m. in the Redevelopment
Agency, 300 North -D- Street, 3rd Floor, San Bernardino.
Copies of the proposed resolution
Planning Department prior to the
Common Council.
may be obtained from the
meeting of the Mayor and
Should you have any questions, please contact the Planning
Department at (714) 383-5057.
Sincerely,
cc: The Happy Booker
Breck Peterson
4096 North Sierra Way
San Bernardino, CA 92407
Mr. Fred E. Cimino
P.O. Box 2007
San Bernardino, CA 92406
FRANK A. SCHUMA,
Planning Director
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ERN ARDIN 0 300 NORTH "0" STREET. SAN BERNAROINO. CALIFORNIA 112418
EVLYN WILCOX
Mlyor
Members of the Common Council
Esther Eltrad.. . . . . . . . . . . . . Flm Ward
JlCkReTlly.........;... .hcondWard
Ralph Hernandez. . . . . . . . . . . Third Ward
Steve Mark' . . . . . . . . . . . . . r:ourth Werd
Gordon Qule' . . . . . . . . . . . . . Fifth Ward
OlIn Frazier . . . . . ... . . . . . . . Sheth Ward
Jack Strickler . . . . . . . . . . . .s.venth Ward
July 8, 1986
The Happy Booker
Breck Peterson
4096 North Sierra Way
San Bernardino, CA 92407
Dear Mr. Peterson:
This is to inform you that the Mayor and Common Council are
holding a special meeting to discuss and consider adoption of
a resolution adopting an overlay zone imposing architectural
development standards for property located in the vicinity of
40th Street and Sierra Way. The meeting is to be held on
Thursday, July 10, 1986 at 1:00 p.m. in the Redevelopment
Agency, 300 North -D- Street, 3rd Floor, San Bernardino.
Copies of the proposed resolution may be obtained from the
Planning Department prior to the meeting of the Mayor and
Common Council.
Should you have any questions, please contact the Planning
Department at (714) 383-5057.
Sincerely,
cc: Angelos Bootery
Mr. . Mrs. Angelo Mazza
4108 North Sierra Way
San Bernardino, CA 92407
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FRANK A. SCHUMA,
Planning Director
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Mr. Fred E. Cimino
P.O. Box 2007
San Bernardino, CA 92406
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ERN ARDIN 0 300 NORTH "0" STREET. SAN BERNAROINO. CALIFORNIA 112418
EVLYN WILCOX
Mayor
Member. of the Common Council
Esther Estrada. . . ;, . . . . . . . . . FIn! Ward
J.ck Aellly............. .SeeondW.rd
Ralph H.rn.ndez . . . . . . . . . . . Third W.rd
St.v. Marks. . . . . . . . . . . . . F'ourth Ward
Gordon Qui4t1 . . . . . . . . . . . . . Fifth Wlrd
o.n Fruter . . . . . . . . . . . . . . Sixth Ward
Jack Strlckl.r . . . . . . . . . . . -Sev.nth Ward
July 8, 1986
Mr. Pred E. Cimino
P.o. Box 2007
San Bernardino, CA 92406
Dear Mr. Cimino:
This is to inform you that the Mayor and Common Council are
holding a special meeting to discuss and consider adoption of
a resolution adopting an overlay zone imposing architectural
development standards for property located in the vicinity of
40th Street and Sierra Way. The meeting is to be held on
Thursday, July 10, 1986 at 1:00 p.m. in the Redevelopment
Agency, 300 North -D- Street, 3rd Ploor, San Bernardino.
Copies of the proposed resolution may
Planning Department prior to the meeting
Common Council.
be obtained from the
of the Mayor and
Should you have any questions, please contact the Planning
Department at (714) 383-5057.
Sincerely,
cc: Angelos Bootery
Mr. , Mrs. Angelo Mazza
4108 North Sierra Way
San Bernardino, CA 92407
PAS/lltb
The Happy Booker
Breck Peterson
4096 North Sierra Way
San Bernardino, CA 92407
PRANK A. SCHUMA,
Planning Director
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~ .' t~ON.. NO. , 6-,., .t-/fl~ ~.....-(....
RESOLUTI~ 0: ;'H~E ~A . AND COMMON cou~d ~ITY OFO
SAN BERNARDINO RJI 'HIll: 1'1'9. .1N'fBIf'fI81l \'0 M8f'f AN OVERLAY ZONE I~
IMPOSING ARCHITECTURAL DEVELOPMENT STANDARDS FOR THE VICINITY OF
FORTIETH STREET AND SIERRA WAY.
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WHEREAS, the Mayor and Common Council reviewed and
considered an architectural development overlay zone on July 7,
1986, and
WHEREAS, there is need for supermarkets and for neighborhood
convenience shopping centers to serve surrounding residential
areas, and
WHEREAS, the area which is the subject of this overlay zone
is blighted and the proposed architectural development standards
will be an asset to.the community by upgrading the area both
aestheticly and economically,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. l"t: / l~! t~.E!l~;Jf~I: ~...d the Mayor and Common
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Council ~a~ ~r .!!1l1811rialle .lovlLBS .,,'" he." J,.gR:," an
overlay zone~mpOSing architectural development standards for
vicinity of Fortieth Street and Sierra Way in the City of San
Bernardino. The overlay zone shall contain the following
provision:
The property subject to the architectural development
overlay zone is located at the northwest corner of the
the
intersection of Fortieth Street and Sierra Way, on property
described in Exhibits A-I, A-2, A-3, A-4, A-5, A-6, and A-7,
attached hereto and incorporated herein by reference, and in the
site plan labeled Exhibit B and incorporated herein by this
reference.
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All water drainage systems or
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SECTION 2. Utilities.
structures, water mains, sewers, water sprinkler system lines,
telephones or electrical conduits or systems, gas mains, and
other public utilities instrumentalities sball be installed and
maintained below the ground level of the property.
SECTION 3. Ri9ht to Construct.
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(a) Development. All of the area within the Real Property
8 to be used in common shall be referred to as .Common Area., and
9 said Common Area includes all areas within the Real p~operty
JO other than .Building Areas,. said Common Area is delineated on
J] the plot plan which is Exhibit B hereto, said Common Area has
]2 been or shall be developed substantially as shown on said Exhibit
]3 B, and said Common Area shall not be used for any other purpose
]4 than the parking of motor vehicles and their ingress and egress
]5 and the ingress and egress of pedestrians, provided that:
]6 (i) The area outlined in red directly in front of the
]7 building shown as cross-hatched on Exhibit B hereto may be used
]8 by the occupant of said building for the sale of Christmas trees
]9 from December 1 through December 24 of each year and for its
20 annual spring patio sale for any three (3) consecutive week
21 period during each year, and
22 (ii) The occupant of the building shown as cross-hatched on
23 Exhibit B hereto may establish and operate in the portion of the
24 Common Area designated as single-hatched on Exhibit B hereto a
25 recycling center for the collection of items intended for
26 recycling, such as (but not limited to) aluminum cans and
27 bottles, upon giving written notice thereof to the Director of
28 Planning.
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(b) No building or structure of any kind ahall be erected
on any portion of the Real Property except upon those portions
designated -Building Area- on Exhibit B hereto, provided, that
there may be constructed and maintained upon or over said Common
Area a canopy or canopies or exterior building facia projecting
from such Building Area, normal foundations and doors for ingress
and egress may projec~ from such Building Areas, and ~igns may be
erected upon said canopy or canopies, or exterior" building facia,
so long as said signs do not obstruct the signs of any other
owner or owner's tenant of the Real Property. No signs other
than the signs provided for hereinabove, directional signs for
guidance upon the parking and driveway area, and signs at the
locations shown on Exhibit B hereto, shall be erected or
maintained upon the Common Area or Building Area of the Real
Property, except such as obtain the written approval of one
hundred percent (100\) of the owners of the Real Property and the
tenant of the building within the area shown as cross-hatched on
Exhibit B hereto.
(c) No building or structure shall be hereafter erected on
the Real Property which shall exceed one (1) story in height, nor
shall any such building or structure exceed twenty-three (23)
feet in height, except the building shown as cross-hatched on
Exhibit B.
(d) In the development and use of the Real Property there
shall not be established or maintained any building, structure or
area for the transaction of business, whether for retail sales or
other purposes, for which there shall not be established and
maintained a Common Area containing approximately three (3)
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square feet of pa"'ing, driveway, sidewalk and landscaping area
for each one (1) square foot of floor area of all buildings,
structures or areas to be used for commercial purposes in the
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Real Property, provided that in the event the plot plan which is
Exhibit B hereto provides for parking, driveway, sidewalk and
landscaping facilities in a ratio other than a ratio of three (3)
square feet of parking, driveway, sidewalk and landscaping area
for each one (1) square foot occupied by buildings, then, in the
event, such plot plan shall prevail notwithstanding the above
provision concerning such ratio.
SECTION 4. Restrictions on Use.
(a) No portion of the Real Property other than the building
within the area shown as cross-hatched on Exhibit B hereto shall
be occupied or used, directly or l'ldirectly, for the purposes of
a general market or a grocery store, meat market, fish market,
fruit store, vegetable store, delicatessen, store selling
alcoholic beverages for off-premises consumption, prescription
pharmacy, or any combination thereof: provided, however, that the
foregoing shall not apply to the sale of meat, poultry, fish,
grocery items and/or beer and wine for on-premises consumption
only by one (1) delicatessen so long as such delicatessen does
not occupy more than three thousand five hundred (3,500) square
feet of the Real Property which can only be located within the
buildings designated A, C, D, E, F and G on Exhibit B hereto.
Furthermore, however, the foregoing restrictions shall not apply
to the operation of one (1) restaurant of up to four thousand
(4,000) gross square feet, including the sale of alcoholic
beverages on. sale license, provided that the foregoing is located
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in the northerly forty (40) feet of the building designated as
Building D on Exhibit B hereto or the easterly one hundred (1001
feet of the building designated as Building E on Exhibit B
hereto.
(b) The restrictions set forth in (al above shall not apply
to the Bank of America and the Roaring 20's pizza, or their
sublessees, assignees~ transferees or successors; however, if
these businesses cease operation, and their successors do not use
the premises for the same or similar use, the restrictions of (al
above shall apply to their successors.
(c) No portion of the Real Property shall be occupied or
used, directly or indirectly, for the purposes of an office
building, entertainment or recreational facility or a training or
educational facility; provided, however, that the foregoing shall
not apply to the use of the northerly (401 feet of the building
designated as Building 0 on Exhibit B hereto nor to the easterly
one hundred (1001 feet of the building designated as Building E
on Exhibit B hereto as offices for service oriented activities
such as those performed by a travel agent, finance company, real
estate broker or insurance agent. As used herein, .entertainment
or recreational facility. includes, but is not limited to, a
bowling alley, skating rink, theater, billiard room, health spa
or studio, massage parlor, amusement arcade, bar or tavern, or
gymnasium or any other place of public amusement; and .training
or educational facility. includes, but is not limited to, a
beauty school, barber college, place of instruction, reading
room, or any operation catering primarily to students or trainees
rather than to customers, it being the intent of this provision
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that the parking and other
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common facilities
should not be
burdened by either large scale or protracted use.
(d) Duration. Except as otherwise provided herein, each
easement shall be in perpetuity and each other covenant, setback
line, restriction and undertaking of this document shall be for
the term of forty (40) years from the date hereof.
(e) In;un~~elilf. In the event of any violation or
threatened violation by any owner, lessee, or occupant of any
portion of the Real Property of any of the terms, covenants,
restrictions and conditions contained herein, in addition to the
other remedies herein provided, any or all of the owners and
tenants of the property included within the Real Property shall
have the right to enjoin such violation or threatened violation
in a court of competent juriSdiction.
(f) Not a Public Dedication. Nothing herein contained
shall be deemed to be a gift or dedication of any portion of the
Real Property to the general public or for the general public or
for any public purposes whatsoever, it being the intention that
this resolution shall be strictly limited to and for the purposes
herein expressed.
(g) Violation. Any violation of the terms of this
resolution shall be an infraction and shall be enforced by the
zoning enforcement officer and otherwise shall be treated like
any other zoning violation.
SECTION S. No color scheme or exterior building materials
other than those shown on Exhibit C, on file with the Director 0
Planning, shall be used.
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SECTION 6.
No~rchitectural ~vation other than shown on
Exhibit E on file with the Director of Planning shall be used.
SECTION 7. The maximum building coverage of all buildings
on all lots shall not exceed thirty-three percent (33%) of the
total site area, exclusive of public rights of way.
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
, 1986, by the following vote, to
day of
wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1986.
Mayor of the City of San Bernardino
Approved as to form:
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'L(;:~dv'/ 7~..-eQ/
City Attorney
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THE ~AND REFERRED TO IN THIS'REPORT IS SITUATED IN THE STATE OF
, CALIFORNIA. COUNTY OF SAN BERNARDINO AND IS DESCRIBED AS FOLLOWS:
,:i. PARCE No.1: . . ~. ,.i ' . .
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'. THAT PORTION OF RANCHO MUSCUPIABE. IN THE CITY OF SAN BERNARDINO.
COUNTY OF SAN BERNARDINO. StATE OF CALIFORNIA. AS PER MAP RECORDED
IN BOOK 1. PAGE 23 OF MAPS.;~N THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY. AND BEING A PORTION OF THE SOUTHWEST I OF THE .
SOUTHEAST t OF SECTION 15. 'TOWNSHIP 1 NORTH. RANGE 4 WEST. SAN BER-
NARDINOHERIDIAN. UNSURYEYED. IF THE SECTION LINES WERE EXTENDED
ACROSS SAID RANCHO. DESCRIBED AS FO~LOWS: .
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BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SOUTHEAST t OF
SAID SECTION 15 AND THE WESTERLY EXTENSION OF THE NORTH ~INE OF
40TH STREET AS CONYEYED TO THE CITY OF SAN BERNARDINO BY DEEDS
RECORDED HAY 15. 1958. IN BOOK 4509 OF OFFICIAL RECORDS. PAGES 301
AND 307. RECORDS OF SAID COUNTY I THENCE NORTH ALONG THE WEST LINE
OF SAID SOUTHEAST t. 130.85 FEET TO A POINT 145 FEET NORTH OF THE
SOUTHWEST CORNER OF THE SOUTHEAST t OF SAID SECTION 15; THENCE EAST
150.00 FEET; THENCE NORTH '0.00 FEETI THENCE EAST 15.00 FEET;
THENCE NORTH 188.00 FEET TO THE SOUTHWEST CORNER OF THE LAND CON-
VEYED TO BANK OF AMERICA NAIIQNAL TRUST AND SAYINGS ASSOCIATION BY~
DEED RECORDED SEPTEMBER 3. 958. IN BOOK 4593 OF OFFICIAL RECORDS. '
PAGE 162; THENCE EASTERLY ON A LINE PARALLEL TO THE NORTH LINE OF SAID
40TH STREET 324.99.FEET. MORE OR LESS. TO THE WEST LINE OF THE 20
FOOT ALLEY SHOWN ON THE MAP OF TRACT NO. 2838. RECORDED IN BOOK 39
OF MAPS. PAGE 13. RECORDS OF SAID COUNTY; THENCE SOUTHERLY ALONG
THE WEST LINE OF SAID ALLEY 379.00 FEET TO THE NORTH LINE OF SAID
40TH STREET! THENCE WESTERLY ALONG THE NORTH LINE OF SAID 40TH
STREET 489.a3 FEET. MORE OR:~ESS. TO THE POINT OF BEGINNING.
PARCEL ,No.2:
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ALL OF LOTS 20 AND 21, TRACT NO. 2838, GAMES BUSINESS SUBDIVISION.
IN THE CITY OF SAN BERNARDINO. AS PER MAP RECORDED IN BOOK 39. PAGE
13 OF MAPS. IN THE OFFICE OFiTHE COUNTY RECORDER OF SAID COUNTY.
AND THE NORTH 11 FEET OF.THAT PORTION OF THE EAST t OF TYE SOUTH-
WEST t OF THE SOUTHWEST' OF THE SOUTHEAST t OF SECTION 1).
TOWNSHIP 1 NORTH. RANGE 4 WEST, SAN BERNARDINO MERIDIAN.UNSUR-
VEYED DESCRIBED AS FOLLOWS:~.
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COMMENCING AT THE INTERSECT10N OF THE WEST LINE OF STATE HIGHWAY
AND THE NORTH LINE OF 40TH STREET AS SAID STREET AND HIGHWAY ,
EXISTED ON HARCH 30. 19391 THENCE NORTH ALONG THE WEST LINE OF SAID
STATE HIGHWAY 100 FEET TO THE TRUE POINT OF BEGINNING, SAID TRUE
POINT OF BEGINNING BEING THE NORTHEAST CORNER OF PARCEL OF LAND
CONVEYED TO EDWARD MERLE FISHER AYD3RUTH INMAN fISHER, HUSBAND AND
WIFE. BY DEED RECORDED APRIL 2', l' " IN BOOK 1}4. OF OFFICIAL
RECORDS, PAGE 409, RECORDS OF SAID COUNTY; THENCE NORTH ALONG THE
WEST LINE'OF SAID STATE HIGHWAY, 55.33 FEET TO THE SOUTHEAST CORNER
OF A PARCEL OF LAND CONVEYED to EARL J. GAME ~ND CLARA F. OtME.
HUSBAND AND WIFE. 8Y DEED RECORDED JULY I, 19J7, IN BOOK 12 8 OF
OFFICIAL RECORDS', PACE H. RECORDS OF SAID COUNTY I THENCE WEST,
ALONG THE SOUTH LINE OF SAID PARCEL OF LAND CONVEYED 10 EARL J. .
GAME. ET U~" 135 FEEl. THENCE SOUTH AND ~ARALLEL WrlH THE WE~l'
LINE OF SAID STATE HIGHWAY, 55.)3 FEET TO THE NORTHWEST CORNER OF
PARCEL OF LAND CONV.YED,TO EDWARD MERLE FISHER AND WIFE. HEREIN-
BEFORE MENTIONED I THENCE.EAST ALONG THE NORTH LINE OF SAID PARCEL,
135 FEET TO THE TRUE POINT OF eECINNING. ;
.
.
EXHIBIT A - (
1)
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OUNn OF SAN 8E~NARDINO AND IS DESCRIBED AS FOLLOWS:
~,A;':A NO. 19: I~') '...' ~
o. "J
'HilT PORTION OF' RANCHO MUSCI.PJA8E. IN tHE CITY OF SAN BERNARDINO.
,>,',OUNTY OF SAN BEIU'ARDINO, STAYE OF ULJFORtltA AS PER PLAT THEREOF
:';.;j'!r!::CO~DED I N BOOK 7 OF MAPS. PAGE 23, MECO~OS OF SAID COUHTY, 8EI NG
"';,',i:. POHTlON OF' THE SOUTHlIESf aUIUtTER OF THE SOUTHEAST QUUTl!q OF SECTION
,'. .5. fO"'~r.HIP 1 NOi'tTH. RANGE 4.'WEST. SAN BERt/ARDINO ""SE AND MEtlIOIAt,.
.:.' r THE SECT IUN LINES ~ERE UTENDEO ACItOSS SAID RANCHO, DESCRIBED AS
, .,1)1. '... 0 II S : , . 'I~. , , ..
..' . .IS. .
.:OHMENCIUG AT THE INTERSECTION' OF THE WEST LINE OF THE SOUTHEAST
IUI\RTER OF .SAID SECTION 15, AND THE \fESTEkLY EXTENSIOt/ OF THE NORTH
,I"E OF ~OTH STREETl AS CQNYEYEO TO TH~CITY OF SAN BERNARDINO BY
tEEDr. IlECORDEO HAY 5, 1'5(1, IN 800K 4507 OF OFFICIAl.. itECOROS,
. . 'AGES 301 AND 3071 THENCE NORTH ALOtlC THE "'EST Llt'E OF SAID '
.. .OUTIIEAST QUARTER 130.85 FEH'~THENCE EAST 150.00 FEETI THENCE.
. 'OHTH 60.00 ~E~T; THE"C~ EAST '15.00 FEETI THENCE NORTH lea.OD FEET
'0 TH~ TRUE POINT OF BEGINNINGI THENCi,CONTINUING NO~TH ON THE SAME
.IHE ~5.00 FEET; THENCE EASTtRLY ON A LINE PARALLEL TO THE NORTH
.INE OF SAID 40TH STREET. 325.03 FI!ET, MORE OR LESS. TO THE WEST
.INE OF TRACT NO. 2838. AS PER. PLAT RECORDED IN BOOK 39 OF MAPS.
>AGE 13: THENCE SOUTHERLY ALONG THE ~EST LJNE OF SAID TRACT, '5.00
.EET; THENCE ~ESTERLY ON A LINE PA~ALLEL TO THE NO~TH LIHE OF SAID
. ~GTH S fREET, 326.99 FEET. MOttE/OR '.ESS. TO THE TRUE POUlt OF
~EGINNI~G. J
5UBJECT TO THE EXISTlIfG PElfPETlIAL NON-EXCLUSIVE EASEMENT FOR INGRESS ANti
oG~C:Sr. OVEQ THE EASTEP.'-Y 18 FEET- OF THE WESTE.tLY 19.5 FEET OF SAID LANO.
~~ASURED AT A RIGHT ANG~E TO THE WESTERLY LINE OF SAID LAtlO.
l> AHCEL ~,o. 2B:
A PE.~PETUAL NON-EXC'..USlVE EASEMENT FOR .ROAD PURPOSE S OVER THA T CER-
TAIl' LAND DESCHIElED AS FOLLOWS:
\'
eEcrrmlNC AT A POIIJl ON THE NORTH I.INE OF 40TH STREET, AS THE SAME
~XIsrED JUHE I. 195fl. 166.5 FEET EAST OF THE WEST LINE Or THE
SI)~TH~AST QUARTE~ or SAID SECTION 15ITH~NCE HOP-TH 378.85 FEETl
THE~CE EAST 18 FEET; THENCE SOUTH 378.85 fEETI THEHC~ WEST 18
FEE T TO THE THUE POINT OF BEGIN"WG.
PA1C[I. 110. 31':
AN EAsnlENT AND P.IGHT OF WAY FOR INGRESS AND EGRESS OVER ANO ACffOSS
ft,".: \1ESTE~LY 25 FEET OF THE NORTH 2114.88 FEET OF THAT POilTlON OF
T~E SDUTllEAST QUAUElt OF SECTION 15, TO\'lIJSHIP 1 NDQTH, ~ANGE ,
II::ST. SAIJ BE~NI\~DlIJO 9ASE A"O MEiUOIAN, LYING tH THIN TH~ t4U:;CIJPIABE
RAIICHO, IN THE comny OF SAN 8ERNARDINO, STATE OF CALIFORNIA, AS
PE~ PLAT q~CORDEO IN BOOK 7 OF MAPS, PAGE 23, RECO~DS OF SAID
COU~TY, CONVEYED TO EDWARD MERlE FISHER AMD WIFE, BY DEED RECORDED
JULY 13. 1955. IN BOOK 3689 OF OFFICIAl RECO~OS. PAGE 391, ~EcoaDS
o~ S~ID COUHTY. '
PAi(CEI. tlO. 60:
A RIGHT OF ~AY AND EASEMENT FOR JNGRESS AND EGRESS OVER AND ACROSS
THAT PO~TION OF THE SOUTHEAST OUA~rER OF SECTION 15, TOVNSHIP 1
MOitYH, RANGE 4 WEST, UN BERNUDJNO BASE AI~D MEItIOIAN. !.YIIIIG WITHIN
t-lUSCUPIABE RAtlCIIO, IN HtE COUNTY OF SAN "EltNAltOlNO, SlllYE OF CALI-
FORNIA, AS PER Pl"TRECO~DED IN BOOK 7 OF MAPS. PAGE 23. ~ECORDS OF
SAID COUtlTY, DESCRI,ED AS FOLLOW~: ,
BEGIN~/ItlG AT A POI"T "tfICH 15 SOUTH. ".44' EAST 25 FEU FROM TME 9
NO ~ THtlE 5 T CDf(NElf OF THAT PARCEL OF UNO CONVEYED TO E DtlARO MtRLE
F1 SHE;' AUD t!lrE BY DEED RECORDED JUt. Y 13. 1'55, IN 8001( 36e, OF
OFFICIAL lfECORDS, PAGE 391, IIECORDS OF SAID COUNTYI THE"CE SOUTH 30
fF.ET; THE!JCE SOUTH 89-44' EAST 200 FEET MORE OR LESS TO THE SOUTH-
"'::STER'..Y I.INE 0; 42ND 5tRut"Al.,CQNYUEO TO'IHE CITY DFSAN8ERH~ni
DIMO BY DEED RECO~DED MAY_U.. '~8. ,IN ,lOOK SO, .OF OFFJClAL,
R~CQRDS. PAGE 303, THEMCE NORTHWESTERLV ALONG THE SOUT~fESTERLY
U flE 01=' SA 10 62"'0 STREET 50 FEU MORE OR LESS TO THE MaST .HOR1HERL Y
COlmER Or TH~ lAND CONYEYED TO EO~IARD HER\.E FISHER AND tllt~, BY
DEED !'lECORDED APP.II. lJ, 19S4. IN BOOK 33~3 OF OFFICIAL RECORDS,
P~G[ 3~7. PECO~DS OF SAID C8UNTY' THENCE SOUfH 0.011 ~EST . FEETI
T~:~IC: 'l:~ ',' 09044' 'IIEST 14 FEET HO!i~ OR LESS TO .THE POINT OF .
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. , THE LAND REFERRED TO IN THIS ~b~RT IS SITUA,o IN THE STATE OF .:)
CALIFORNIA, COUNTY OF SAN 8E~~ARDINO AND IS DESCRIBED AS FOLLOWS:
~I.
. .
:'.~_:~ PARCEL No.1:
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, LOTS 13 "NO 14. AND THENORTH~15.30 FEET OF LOT 15. TRACT NO. 2838.
GAME'S BUSINESS TRACT, IN THEtCITY OF SAN BERNARDINO. AS PER PLAT
RECORDED IN BOOK 39 OF MAPS, ,PAGE n. RECORDS OF SAID COUNTY.
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PARCEL No.2:
LOTS 15 AND 16. TRACT NO. 2838, GAME'S BUSINESS TRACT. IN THE CITY
.. OF SAN BERNARDINO. AS PER PLAt, RECORDED ,IN, BODK,39 OF MAPS. .PAGE
13. RECORDS OF SlI!l' r.OUNTY. :~;
EXCEPTING THEREFROM'THE NORTH 15.30 FEET OF LOT 15.
PARCEL No.3:
THAT PORTION OF RANCHO MUSCUPIABE, IN THE CITY OF SAN BERNARDINO,
AS PER PLAT RECORDED IN BOOK '7 OF MAPS, PAGE 23, RECORDS OF SAID
COUNTY. AND BEING A PORTION OF THE SOUTHWEST t OF THE SOUTHEAST t
OF SECTION 15, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN,BERNARDINO BASE
AND MERIDIAN. IF THE SECTION LINES WERE EXTENDED ACROSS SAID.
RANCHO. DESCRIBED AS FOLLowsr,. \'l
{ .~
COMMENCING AT THE INTERSECTION.OF THE WEST LINE OF SOUTH~AST t OF
SAID SECTION 15 AND THE WESTERLY EXTENSION OF THE NORTH LINE OF
40TH STREET AS CONVEYED TO THE CITY OF SAN BERNARDINO. BY DEEDS
RECORDED MAY 15. 1958. IN BOOK 4509, PAGES 301 AND 307. OFFICIAL
RECORDS; THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHEAST t
130.85 FEET; THENCE EAST 150~OO FEETI THENCE NORTH 60.00 FEET;
THENCE EAST 15.00 FEET; THENCE NORTH 253.00 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING NORTH ON THE SAME LINE 204.88 FEET
TO THE NORTHWEST CORNER OF LAND CONVEYED TO EDWARD HERLE FISHER AND
WIFE. BY DEED RECORDED JULY~13, 1955, IN BOOK 3689. PAGE 391. OFFI-
CIAL RECORDS; THENCE EASTERLY' ALONG THE NORTH LINE OF SAID FISHER
PROPERTY 165.00 FEET TO THE .WEST LINE OF THE LAND CONVEYED TO
....10 .',
EDWARD MERLE FISHER AND WIFE!iBY DEED RECORDED APRIL 13; 1954. IN
BOOK 3363. PAGE 337. OFFICIAv-RECORDSI THENCE NORTH 4.00 FEET TO
THE NORTHWEST CORNER OF SAID.LAST MENTIONED FISHER PROPERTY; THENCE
EAST ALONG THE NORTH LINE OFEHE LAST MENTIONED FISHER PROPERTY.
160.15 FEET TO THE WEST LINE 'OF TRACT NO. 2838. AS PER PLAT
RECORDED IN BOOK 39 OF MAPS, lPAGE 13, RECORDS OF SAID COUNTY;
THENCE SOUTHERLY ALONG THE WEST LINE OF SAID TRACT, 208.97 FEET; TO
A POINT THAT IS 444.00 FEET 'NORTH OF THE NORTH LINE OF SAID 40TH
STREET; THENCE WESTERLY ALONG A LINE PARALLEL TO THE NORTH LINE OF
SAID 40TH STREET 325.03 FEET, MORE OR LESS, TO THE TRUE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION TO THE CITY OF SAN BERNARDINO FOR
STREET AND HIGHWAY PURPSOES, ;,AS FOLLOWS: '
. .' . - .
BEGINNING AT A POINT ,ON THE NORTH LINE OF THE SOUTHWEST l OF THE
SOUTHWEST I OF THE SOUTHEAST. OF SAID SECTION 15, SAID POINT BEING
THE INTERS~CTION OF A CURVE CONCA~E TO THE NORTHEAST AND WITH A
RADIUS Of 130.00 FEET AND WITH CENTER AT THE INTERSECTION OF A LINE
84.5 FEET NORTH OF AND PARALLlL TO THE NORTH LINE OF THE SOUTHWEST
t OF THE SOUTHWEST t OF THE SOUTHEAST . OF SAID SECTION 15 AND A
LINE 100 FEET EAST OF AND PARALLEL' TO THE WEST LINE OF THE EAST t
OF THE NORTHWEST. OF THE, SOUTHWEST t OF THE SOUTHEAST t OF SAID
SECTION 15; THENCE SOUTHEASTERLY..ALONO:THE AFOREMENTIONED,CURVE'TO
A POINT SOUTH OF AND 45.5 FEET DISTANT FROM THE NORTH LINE OF THE
SOUTHWEST I OF THE SOUTHWEST . OF THE SOUTHEAST I OF SAID SECTION
15; THENCE EASTERLY ALONG A LINE'45.5 FEET DISTANT FROM AND
PARALLEL TO THE NORTH LINE 'OF THE SOUTHWEST t OF THE SOUTHWEST I OF
THE SOUTHEAST t OF SAID SECtION 15 TO THE WEST LINE OF A 20 FOOT
ALLEY AS DELINEATED ON THE'MAP OF TRACT NO. 2838, GAMES BUSINESS '
TRACT. AS PER PLAT RECORDED IN BOOK 3' OF MAPS, PACE 13, RECORDS OF
SAID COUNTY; THENCE NORTHERLY ALONG THE WEST LINE OF SAIO'ALLEY TO
HIE NORTH LINE OF THE SOUTHWEST -, OF THE SOUTHWEST I OF THE
SOUTHEAST t OF SAID SECTION 15; THENCE WESTERLY ALONG THE NORTH
LitlE OF THE SOUTHWEST I OF THE SOUTHWEST t OF ,THE SOUTHEr-51 · Of
.~A1D st:cnON 15 H' THE PpIHT .~F BEGINNINC. t:'V~11 '1\ . ?
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THE LANO REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE.OF
CALIFORNIA. COUNTY OFliSA" BERNARDINO AND IS DESCRIBED AS FOLLOWS:
"'"CEe .0. 20: ' ' "I, '
LOT It. mACT tlO., 2838. IN 'HE CITY OF SAN BERNARDINO. COUNTY OF
SAIJ BtqNARDINO'STATE!~.~OF CALIFORNIA, AS PER MAP RECOaOED IN BOOK
39. PACt 13, OF HAPS,. IN TH~ OFF ICE OF THE COUNTY RECORDE~ l'~ SAID
COUIHY. ,,',... , . .. -. .
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~TtlE lAND REFERRED TO~ IN THIS REPORT IS SITUATED IN THE STATE ,OF
CALIFORNIA, COUNTY'OF SAt! BERH~RDINO ~ND 15 DESCRIBED AS FOllOWS:
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PA'~CI!L 3D: t,:
~O' 1~. raACT NO. 2838~ IN THf CITY OF SAN BERNAR~INO. STATE OF
CA'..lFORI/IA, AS PEP. MAP RECORDED IN 8001< 39. PAGE 13. OF MAPS. IN
rH~ OFFICe OF TH~ C~UNTY RECORDER OF SAID COUNTY.
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EXHIBIT 10-7
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lH~ LAND ~EFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA. COUNTY OF SAN BERNARDINO AND IS DESCRIBED ~S FOLLOWS:
l' ..
THAT PO~TION OF THE RANCHO MUSCUPIAIE, IN THE CITY 'OF SAN BERNAR-
DINO. AS PER MAP RECORDED IN"OOK 7 OF MAPS. PAOE 2J. IN THE OFFICE
OF TH~ COUNTY RECORDER OF SAID COUNTY, BEING A PORTION OF THE EAST
ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER
OF ThE SOUTHEAST ON~-QUARTER OF SECTION IS. TOWNSHIP 1 NORTH. RANG~
4 WEST. IF THE SECTION LINES WERE !XTENOED ACROSS~SAIDRANCHO.
DESC~IBED AS FOLLOWS: , ~ - ,
'''~
0;
BEGINNING AT THE INTERSECTION OF. ,TIfE WEST LINE OF THE STATE Hlr.H~AY
AND THE NORTH LINE bF 40TH:STREET. TIfENCE NORTH ALONG THE WEST LINE
OF SAID STATE HIGHWAY. 155.33 FEET TO TH~ SOUTHEAST CORNER OF THE
LAtlD CONVEYED TO EARL 3. GAME. ET UX. BY DEED RECORDED JULY 1.
1531. IH BeOK 1218. PACE 71. OFFICI~L RECORDS; THENCE WEST ALONO
THE SOUTH LINE OF SAID GAME PROPERTY. 135 FEETI THENCE SOUTH
PA~ALL~L WITH SAID STATE HICHWAY 155.33 FEET TO THE NORTH LINE OF
SAID 4~TH STREET; THENCE.IASTALONG SAID NORTH LINE IJ5 FEET TO T~E
POWT (IF BEGINNING. : ::~;
, ':\~~. .,
~XC~PT TH~REFRCH THAT PORTION CONVEY~D
DI:l:J BY DEED RECO~DEO MAY IS" 1958, I"
CIAL RECORDS; ~
ALSO EXCEPTING THEREFROM THE
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BOOK 4509. PAGE 3~5. OFFI-
FEET THEREOF.
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FEET OF THE SOUTH 123 FEET TH~REO~.
EXHIBIT A -7
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