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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK,
Director
Subject: Public Hearing 4:00 p.m. and
L Resolution Ordering Vacation: proposed
, ~,. vacation of portions of Rosewood Drive,
between Orchard Drive and Tippecanoe
Avenue and Orchard Drive, south of
Rosewood Drive
File No. 15.30-369
Synopsis of Previous Council Action: MCC Date: 10-07-2002
07/15/02 - Authorization to proceed was given for the proposed vacation of portions of
Rosewood Drive, between Orchard Drive and Tippecanoe Avenue and Orchard Drive, south
of Rosewood Drive and Plan No. 10503 was approved
~;;
Dept: Development Services
Date: October 11,2002
09/09/02 - Resolution No. 2002-124 was adopted, setting a public hearing.
Recommended Motion:
1. That the public hearing be closed and the Findings of Fact as set forth in the Staff Report
from the Director of Development Services, as to why portions of Rosewood Drive,
between Orchard Drive and Tippecanoe Avenue and Orchard Drive, south of Rosewood
Drive, are no longer necessary for public street pz;:aurp ses, be adopted.
'h~ L 7;::-
Adopt resolution. v~ f-
James Funk
2.
Contact person: Eileen Gomez
Phone: 5328
Supporting data attached: Staff Report/ Maps/Reso Ward: 3
FUNDING REQUIREMENTS: Amount:
None
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
,
!2t--so:U?CXY& Ytt(
Agenda Item No
Tt- 30
IO/~Jo.;2.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing 4:00 p.m. and Resolution Ordering Vacation: proposed vacation of portions of
Rosewood Drive, between Orchard Drive and Tippecanoe Avenue and Orchard Drive, south of
Rosewood Drive
BACKGROUND:
The "HUB" project, which is a proposed development in the area generally along Laurelwood
Drive and Rosewood Drive, west of Tippecanoe Avenue, will require a realignment of
Laurelwood Drive from its present intersection at Tippecanoe Avenue, to Harriman Place. This
first phase of this development involves the relocation of Sam's club to the new site. The
Economic Development Agency is the project manager for this development, and the City is
overseeing the design and construction of street improvements.
On July 15,2002, authorization to proceed with the proposed vacation and Plan No. 10503 were
approved. On September 9, 2002, Resolution ofIntention No. 2002-282 was adopted, setting a
public hearing for October 7,2002. Notices were posted along the area proposed for vacation
and published in The Sun newspaper. Adjacent property owners were also notified ofthe public
hearing by mail.
Representatives from the City Attorney's office, JAKS and City staff met on October 9th and
tentatively arrived at an agreement subject to Mayor and Council ratification which will allow
this Vacation of a portion of Rosewood Avenue to proceed without objection from their
company. It should be noted that this agreement will include an ingress/egress easement to the
Harriman alignment and a waiver/release by "JAKS" in favor of the City in a manner acceptable
to the City Attorney. It should also be noted that the actual Vacation ofa portion of Rosewood is
unchanged except for said easement. It always provided continued access to the easterly portion
of the property described in Exhibit "C" via the segment of Rosewood Drive left as a public
street.
There appears to be no further necessity for the area proposed for vacation for street purposes,
and we recommend the vacation based on the following facts:
I. The proposed vacation has been determined by the Director of Development Services to
be of no further necessity to the general public.
2. A finding of consistency with the General Plan was made.
3. There have been no objections by any adjoining property owners.
4. All of the City Departments and Public Utility Companies were notified of the proposal
and given an opportunity to respond. Temporary easements for existing facilities have
been provided for in the Resolution of Intention and the Resolution Ordering Vacation.
When development starts, existing facilities will either be relocated or abandoned, at
which time the temporary easements will terminate.
, .
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
5. A non exclusive easement for motor vehicle and pedestrian ingress and egress across
portions oflots 47,48,72, and 73 of Tract No. 2743 as described in Exhibit "D" shall be
reserved by the Redevelopment Agency of the City of San Bernardino (the "Agency") in
favor ofthe property fully described in Exhibit "c" attached.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staffrecommends that the public hearing be closed, the Findings of Facts be adopted and that the
attached Resolution Ordering Vacation be adopted.
Exhibit "D"
Access Easement for Ingress and Egress
Those portions of Lot 47, 48, 72 and 73 of Tract No. 2743 as per map recorded in Book 38 of
Maps, page 47, records of the County Recorder of San Bernardino County, State of California,
together with portions of vacated Rosewood Drive as said street is delineated on the map of said
Tract No. 2743, and vacated by the Mayor and Common Council of the City of San Bernardino
by Resolution No. 2002- , recorded on , 2002 as document
number , records of said County described as follows:
A 30 foot strip of land, the centerline of which is described as follows:
Commencing at the northeast corner of Lot 26 of said Tract No. 2743; thence South 000 07' 58"
East, along the east line of said Lot 26, a distance of 17.00 feet; thence North 890 48' 40" West, a
distance of 446.48 feet to a tangent curve, concave southeasterly, having a radius of 508.00 feet;
thence, Course "A", westerly and southwesterly, along said curve, an arc distance of 416.93 feet,
through a central angle of 47001' 25" and the True Point of Beginning; thence South 450 50' 05"
East, a distance of 72.1 0 feet to a tangent curve, concave southwesterly having a radius of 100.00
feet; thence southeasterly, along said curve, an arc distance of 64.29 feet through a central angle
of 37050' 05"; thence South 100 00' 00" East, a distance of 197.13 feet, more or less, to the
south line of said lot 72 and the point of termination.
The sidelines of said easement shall be shortened or lengthened as to terminate on said south line
of Lot 72.
EXCEPTING THEREFROM, those portions dedicated for public street and highway purposes.
Contains 10,152 square feet, more or less
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EXHIBIT "B"
SHEET 3 OF 4
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ROSEWOOD DRivE
STREET TO BE ABANDONED)
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7. 77 76 75 " 73 72 71 70 ., .. 67 .. .5 6' ., .2
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PORTION LOT 5. 8LOCl~ 72
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CURVE DATA COURSE DATA
TI TLE:
THE HUB
CERTIFICA TE OF SUBDIVISION COMPLIANCE
PARCEL J
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R.. 592.00'
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1=18978'
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P77J INDICATES SUBJECT PARCEl
~ AREA.. 1403 ACRES
1"=200'
...,. Hall & Fbreman, Inc.
..,. A CIvil Engineering. Planning. SurveYing. Public WOrkS
1'62 ~Ih M:u1lan Aven,e, SJle UJ . U>n1 CA 917S6 . '!JJ/'B2-7777
DATE OF PREPARATION
05/02/02
JOB NO. 00313
V \OO-313\r.AopPinq\Leqllls\OO"_,Wr",,,wrNT\c.oC OJ lIq
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK,
Director
Subject: Public Hearing 4:00 p.m. and
Resolution Ordering Vacation: proposed
vacation of portions of Rosewood Drive,
between Orchard Drive and Tippecanoe
.~ A venue and Orchard Drive, south of
Rosewood Drive
File No. 15.30-369
Synopsis of Previous Council Action: MCC Date: 10-07-2002
07/15/02 - Authorization to proceed was given for the proposed vacation of portions of
Rosewood Drive, between Orchard Drive and Tippecanoe Avenue and Orchard Drive, south
of Rosewood Drive and Plan No. 10503 was approved
Dept: Development Services
( .~
Date: September 16,2002
09/09/02 - Resolution No. 2002-124 was adopted, setting a public hearing.
Recommended Motion:
I. That the public hearing be closed and the Findings of Fact as set forth in the Staff Report
from the Director of Development Services, as to why portions of Rosewood Drive,
between Orchard Drive and Tippecanoe A venue and Orchard Drive, south of Rosewood
Drive, are no longer necessary for public street purposes, be adopted.
~~~
-17 James Funk
2.
Adopt resolution.
Contact person: Eileen Gomez
Phone: 5328
Supporting data attached: Staff Report/ Maps/Reso Ward: 3
FUNDING REQUIREMENTS: Amount:
None
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
Agenda Item No.
;tq
lol1loJ-
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing 4:00 p.m. and Resolution Ordering Vacation: proposed vacation of portions of
Rosewood Drive, between Orchard Drive and Tippecanoe Avenue and Orchard Drive, south of
Rosewood Drive
BACKGROUND:
The "HUB" project, which is a proposed development in the area generally along Laurelwood
Drive and Rosewood Drive, west of Tippecanoe A venue, will require a realignment of
Laurelwood Drive from its present intersection at Tippecanoe A venue, to Harriman Place. This
first phase of this development involves the relocation of Sam's club to the new site. The
Economic Development Agency is the project manager for this development, and the City is
overseeing the design and construction of street improvements.
On July 15,2002, authorization to proceed with the proposed vacation and Plan No. 10503 were
approved. On September 9, 2002, Resolution ofIntention No. 2002-282 was adopted, setting a
public hearing for October 7,2002. Notices were posted along the area proposed for vacation
and published in The Sun newspaper. Adjacent property owners were also notified of the public
hearing by mail.
There appears to be no further necessity for the area proposed for vacation for street purposes,
and we recommend the vacation based on the following facts:
I. The proposed vacation has been determined by the Director of Development Services to
be of no further necessity to the general public.
2. A finding of consistency with the General Plan was made.
3. There have been no objections by any adjoining property owners.
4. All of the City Departments and Public Utility Companies were notified of the proposal
and given an opportunity to respond. Temporary easements for existing facilities have
been provided for in the Resolution of Intention and the Resolution Ordering Vacation.
When development starts, existing facilities will either be relocated or abandoned, at
which time the temporary easements will terminate.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the public hearing be closed, the Findings of Facts be adopted and that the
attached Resolution Ordering Vacation be adopted.
No Scale
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LOCA TION OF
PROPOSED VACATION
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed vacation
of Rosewood Drive
Orchard Drive.
of portions
and
~ indicates un-incorporated areas
~ within City's Sphere of Influence
Created by:
Date: 7., N--
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
V ACA TION OF PORTIONS OF ROSEWOOD DRIVE, BETWEEN
ORCHARD DRIVE AND TIPPECANOE AVENUE AND ORCHARD
DRIVE, SOUTH OF ROSEWOOD DRIVE (PLAN NO. 10503)
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That the Mayor and Common Council of the City of San Bernardino,
8 having heard the evidence offered in relation to the proposed vacation of those certain portions of
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Rosewood Drive, between Orchard Drive and Tippecanoe Avenue and Orchard Drive, south of
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12 find from all of the evidence submitted that the portions of the rights-of-way of the public streets
Rosewood Drive, described in Mayor and Common Council Resolution No. 2002-124, hereby
13 proposed to be vacated by Mayor and Common Council Resolution No. 2002-124, are
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unnecessary for present and prospective public street purposes,
SECTION 2. The Mayor and Common Council of the City do hereby order vacated the
public street right-of-way of those certain portions of Rosewood Drive, between Orchard Drive
and Tippecanoe Avenue and Orchard Drive, south of Rosewood Drive, all such public street
rights-of-way as more particularly describe in Exhibit "A" and Exhibit "B" attached hereto,
subject to the terms and conditions of Section 3 and Section 4 of this Resolution.
SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing
easements for public utility purposes belonging either to the City of San Bernardino or to any
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24 public utility; and there is hereby specifically reserved for the City of San Bernardino, its
25 successors, heirs and assigns, a temporary easement for sanitary sewer and appurtenant facilities
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over the entire area proposed to be vacated, including the right at any time, or from time to time,
to construct, maintain, operate, replace and renew said sewer or appurtenances and shall include
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the right of ingress and egress thereto; and there is hereby specifically reserved for Southern
SB2002:34543.2 #/ ....
10/21/02 -n> u
RESOLUTION ORDERING VACAtION OF THOSE CERTAIN PORTIONS OF ROSEWOOD DRIVE
BETWEEN ORCHARD DRIVE AND TIPPECANOE AVENUE AND ORCHARD DRIVE SOUTH OF
ROSEWOOD DRIVE (PLAN NO. 10503)
1 California Edison, its successors, heirs and assigns, a temporary easement to construct, place,
2 operate, inspect, maintain, repair, replace and remove any overhead or underground electrical
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transmission and/or distribution structure consisting of wires, cables, conduits, poles, pole
anchors and guy wires, manhole markers and necessary fixtures and appurtenances, and said
temporary easement shall include the right of ingress and egress thereto; and there is hereby
specifically reserved for the City of San Bernardino Municipal Water Department, its successors,
heirs and assigns, a temporary easement for water utility purposes over the entire area proposed
to be vacated, including the right at any time, or from time to time, to construct, maintain,
operate, replace and renew one or more pipelines or appurtenances for the transportation of water
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12 and related incidental purposes, and said temporary easement shall include the right of ingress
13 and egress thereto; and there is hereby specifically reserved for Verizon California, Inc., its
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successors, heirs and assigns, a temporary easement to construct, place, operate, inspect,
maintain, repair and replace underground and overhead structures consisting of wires, cables and
necessary fixtures and appurtenances and said temporary easement shall include the right of
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18 ingress and egress thereto; and there is hereby specifically reserved for The Gas Company, its
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successors, heirs and assigns, a temporary easement over the entire area proposed to be vacated,
including the right at any time, or from time to time, to construct, maintain, operate, replace and
renew one or more pipelines or appurtenances for the transportation of natural gas, and said
temporary easement shall include the right of ingress and egress thereto. All temporary
easements reserved herein shall terminate upon relocation or abandonment of existing facilities.
SECTION 4. (a)
The public street vacation proceedings described in this Resolution
(the "Rosewood Street Vacation Proceedings") shall be complete upon the adoption of this
Resolution and the receipt and acceptance by the City of the following:
S82002:34543.2
10/21/02
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RESOLUTION ORDERING VACATION OF THOSE CERTAIN PORTIONS OF ROSEWOOD DRIVE
BETWEEN ORCHARD DRIVE AND TIPPECANOE A VENUE AND ORCHARD DRIVE SOUTH OF
ROSEWOOD DRIVE (PLAN NO. 10503)
JAKS, a California limited liability company (herein "JAKS") shaH have concurrently
with the adoption of this Resolution withdrawn its objection to the vacation of the public
streets ordered by this Resolution evidenced by the waiver and release of claims by JAKS
in favor of the City of San Bernardino in form and substance acceptance to the City
Attorney for any purported claim, damage, loss or reduction in value to the lands
described in Exhibit "C", which may otherwise be asserted by JAKS in connection with
the completion by the City of San Bernardino of the Rosewood Street Vacation
Proceedings as evidenced by the adoption of this Resolution and the Mayor is hereby
authorized and directed to execute such waiver and release in the form approved by the
City Attorney. For the purposes of such waiver and release, this Resolution hereby refers
to such waiver and release of JAKS;
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and recorded in the official records of San Bernardino County upon the satisfaction of the
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17 foHowing:
18 (I)
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S82002:34543.2
10121102
(b)
The final order of the Rosewood Street Vacation Proceedings shaH be effective
the Redevelopment Agency of the City of San Bernardino (the "Agency") shaH
have reserved a non-exclusive easement for motor vehicle and pedestrian ingress
and egress, as described in Exhibit "0", in the Agency quitclaim deed transferring
to SBT Partners, LLC, a California limited liability company ("SBT Partners")
the "Phase I Site", as this term is defined in that certain agreement, dated as of
May 21, 2002, as amended, by and between SBT Partners and the Agency and
such non-exclusive easement as reserved in the Agency quitclaim deed
transferring the Phase I Site to SBT Partners shaH be appurtenant to the lands
described in Exhibit "C", and such non-exclusive easement shaH be terminated by
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RESOLUTION ORDERING VACATION OF THOSE CERTAIN PORTIONS OF ROSEWOOD DRIVE
BETWEEN ORCHARD DRIVE AND TIPPECANOE AVENUE AND ORCHARD DRIVE SOUTH OF
ROSEWOOD DRIVE (PLAN NO. t0503)
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17 County, concurrently with the recordation of the Agency quitclaim deed transferring the Phase I
the Agency upon entry of a final judgment in condemnation in favor of the Inland
Valley Development Agency in Superior Court Case No. SCVSS 88138;
(2)
SBT Partners shall have accepted the delivery from the Agency of the quitclaim
deed for the Phase I Site which includes the non-exclusive easement for motor
vehicle and pedestrian ingress and egress described in Section 4(b)( I), by a date
not later than December 31, 2002, as evidenced by an acknowledgement of
acceptance of delivery of the Phase I Site executed by SBT Partners and attached
to such Agency quitclaim deed;
(3)
the City Clerk has caused a copy of this Resolution to be filed for recordation in
the official records of the Office of Recorder of San Bernardino County as
provided in Section 4( c).
(c) The City Clerk, in consultation with the City Attorney, shall cause a copy of this
Resolution to be recorded as an official record in the Office of the Recorder of San Bernardino
18 Site to SBT Partners as set forth in Section (4)(b )(2), above; provided however that SBT Partners
19 shall have accepted the delivery of such quitclaim deed for the Phase I Site from the Agency by a
20 date not later than December 31, 2002, or this Resolution shall have no further force or effect.
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23 Environmental Impact Report" (the "FEIR") on May 21, 2001 (State Clearing House No.
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SECTION S. The Mayor and Common Council have previously certified a "Final
2000081074) for the community economic development project referred to as the "HUB
Project". The scope of the project considered in the FEIR as part of the HUB Project included
the public street right-of-way closure and vacation as set forth in this Resolution. As provided in
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CEQA Guidelines Section 15162, no further environmental review is indicated at this time ofthe
public street right-of-way closure and vacation as set forth in this Resolution.
SB2002:34543.2
10/21102 4
RESOLUTION ORDERING VACAtioN OF THOSE CERTAIN PORTIONS OF ROSEWOOD DRIVE
BETWEEN ORCHARD DRIVE AND TIPPECANOE A VENUE AND ORCHARD DRIVE SOUTH OF
ROSEWOOD DRIVE (PLAN NO. 10503)
1 SECTION 6. The City Clerk is hereby directed and authorized to file a certified copy of
2 this Resolution with the San Bernardino County Recorder's office, subject to the conditions set
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5 of this Resolution have not occurred by a date no later than December 31, 2002, then in such
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forth in Section 4( c) of this Resolution. In the event that the conditions set forth in Section 4( c)
event this Resolution shall have no further force or effect.
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SB2002:34543.2
10/21/02
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RESOLUTION ORDERING VACA'ttON OF tltOst CERTAIN PORTIONS OF ROSEWOOD DRIVE
BETWEEN ORCHARD DRIVE AND TIPPECANOE A VENUE AND ORCHARD DRIVE SOUTH OF
ROSEWOOD DRIVE (PLAN NO. 10503)
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
2 Common Council of the City of San Bernardino at a meeting thereof
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held on the
day of
, 20_, by the following vote, to
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wit:
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6 Council Members: A YES
NAYS
ABSTAIN ABSENT
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ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
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27
28
,20_.
day of
JUDITH VALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By:
S82002:34543.2
10/21/02
6
,
,
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF ROSEWOOOD DRIVE, 50.00 FEET WIDE, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON
THE MAP OF TRACT No. 2743, FILED IN BOOK 38, PAGE 47 OF MAPS, RECORDS OF SAID
COUNTY; TOGETHER WITH THAT PORTION OF LOT 59 OF SAID TRACT No. 2743
ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS
DESCRIBED IN A DOCUMENT RECORDED IN'BOOK 7092, PAGE 781 OF OFFICIAL RECORDS
OF SAID COUNTY; TOGETHER WITH THAT PORTION OF LOT 54 OF SAID TRACT No. 2743
ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS
DESCRIBED IN A DOCUMENT RECORDED AS INSTRUMENT No. 83-0285282 OF SAID
OFFICIAL RECORDS; TOGETHER WITH THAT PORTION OF LOT 52 OF SAID TRACT No. 2743
ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS
DESCRIBED IN A DOCUMENT RECORDED IN BOOK 9329, PAGE 1305 OF SAID OFFICIAL
RECORDS; TOGETHER WITH THOSE PORTIONS OF LOTS 50 AND 51 OF SAID TRACT No.
2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS
DESCRIBED IN A DOCUMENT RECORDED IN BOOK 64]9, PAGE 180 OF SAID OFFICIAL
RECORDS; TOGETHER WITH THAT PORTION OF LOT 44 OF SAID TRACT No. 2743
ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS
DESCRIBED IN A DOCUMENT RECORDED IN BOOK 8718, PAGE 787 OF SAID OFFICIAL
RECORDS; AND TOGETHER WITH THAT PORTION OF LOT 43 OF SAID TRACT No. 2743
ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS
DESCRIBED IN A DOCillvlENT RECORDED IN BOOK 8916, PAGE 1339, AND RERECORDED IN
BOOK 8928, PAGE 596, BOTH OF SAID OFFICIAL RECORDS; TOGETHER MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF TIPPECANOE AVENUE,
60.00 FEET. WIDE, AND ROSEWOOD DRIVE, 50.00 FEET WIDE, AS SAID STREETS ARE
SHOWN ON SAID MAP OF TRACT NO. 2743; THENCE NORTH 89048'23" WEST 191.00 FEET
ALONG SAID CENTERLINE OF ROSEWOOD DRIVE TO THE SOUTHERLY PROLONGATION
OF THE EASTERLY LINE OF SAID LOT 59 AND THE TRUE POINT OF BEGINNING; THENCE
NORTH 00007'58" WEST 30.00 FEET ALONG SAID SOUTHERLY PROLONGATION AND SAID
EASTERLY LINE TO THE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET OF SAID LOT
59, AS DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 7092, PAGE 781 OF OFFICIAL
RECORDS; THENCE NORTH 89048'23" WEST 65.02 FEET ALONG SAID NORTHERLY LINE TO
THE WESTERLY LINE OF SAID LOT 59; THENCE SOUTH 00007'57" EAST 5.00 FEET ALONG
SAID WESTERLY LINE TO THE NORTHERLY LINE OF SAID ROSEWOOD DRIVE, AS SHOWN
ON SAID MAP; THENCE NORtH 89048'23" WEST 260.09 FEET ALONG SAID NORTHERLY
LINE OF ROSEWOOD DRIVE, ALSO BEING THE SOUTHERLY LINE OF LOTS 55 THROUGH 58
INCLUSIVE, OF SAID TRACT No. 2743, TO THE SOUTHEAST CORNER OF SAID LOT 54;
THENCE NORTH 00007'53" WEST 5.00 FEET ALONG THE EASTERLY LINE OF SAID LOT 54
TO THE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET OF SAID LOT 54, AS DESCRIBED
IN SAID DOCUNIENT RECORDED AS INSTRUMENT No. 83-0285282 OF OFFICIAL RECORDS;
THENCE NORTH 89048'23" WEST 65.02 FEET ALONG SAID NORTHERLY LINE TO THE
WESTERLY LINE OF SAID LOT 54; THENCE SOUTH 00007'52" EAST ALONG SAID
WESTERLY LINE TO SAID NORTHERLY LINE OF ROSEWOOD DRIVE; THENCE NORTH
89048'23" WEST 65.02 FEET ALONG SAID NORTHERLY LINE OF ROSEWOOD DRIVE, ALSO
BEING THE SOUTHERLY LINE OF LOT 53 OF SAID TRACT No. 2743, TO THE SOUTHEAST
U:\OO) 13\Mappinll\Legals\STREET v ACA T10MAOOl I JOI.doe
n
,
CORNER OF SAID LOT 52; THENCE NORTH 00007'51" WEST 5.00 FEET ALONG THE
EASTERLY LINE OF SAID LOT 52 TO THE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET
OF SAID LOT 52, AS DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 9329, PAGE 1305
OF OFFICIAL RECORDS; THENCE NORTH 89048'23" WEST 180.02 FEET ALONG SAID
NORTHERLY LINE, AND CONTINUING ALONG THE NORTHERLY LINE OF THE SOUTHERLY
5.00 FEET OF SAID LOTS 51 AND 50, AS DESCRIBED IN SAID DOCUMENT RECORDED IN
BOOK 6419, PAGE 180 OF OFFICIAL RECORDS; THENCE PERPENDICULAR TO SAID
NORTHERLY LINE OF ROSEWOOD DRIVE, SOUTH 00011 '37" WEST 5.00 FEET TO SAID
NORTHERLY LINE OF ROSEWOOD DRIVE; THENCE NORTH 89048'23" WEST 340.14 FEET
ALONG SAID NORTHERLY LINE OF ROSEWOOD DRIVE, ALSO BEING THE SOUTHERLY
LINE OF SAID LOT 50 AND LOTS 45 THROUGH 49 OF SAID TRACT No. 2743, TO THE
SOUTHEAST CORNER OF SAID LOT 44; THENCE NORTH 00007'44" WEST 5.00 FEET ALONG
THE EASTERLY LINE OF SAID LOT 44 TO THE NORTHERLY LINE OF THE SOUTHERLY 5.00
FEET OF SAID LOT 44, AS DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 87]8,
PAGE 787 OF OFFICIAL RECORDS; THENCE NORTH 89048'23" WEST 110.16 FEET ALONG
SAID NORTHERLY LINE, AND CONTINUING ALONG THE NORTHERLY LINE OF THE
SOUTHERLY 5.00 FEET OF SAID LOT 43, AS DESCRIBED IN SAID DOCUMENT RECORDED IN
BOOK 8916, PAGE 1339, AND RERECORDED IN BOOK 8928,PAGE 596, BOTH OF OFFICIAL
RECORDS, TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 20.00 FEET; THENCE NORTHWESTERLY 31.30 FEET ALONG SAID CURVE AND
CONTINUING ALONG SAID NORTHERLY LINE, THROUGH A CENTRAL ANGLE OF 89040'41"
TO A POINT OF TANGENCY WITH THE EASTERLY LINE OF ORCHARD DRIVE, AS SHOWN
ON SAID MAP; THENCE SOUTH 00007'42" EAST 84.95 FEET ALONG SAID EASTERLY LINE
TO A POINT OF CUSP OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF
10.00 FEET, A LINE RADIAL TO SAID POINT OF CUSP BEARS SOUTH 89052'18" WEST;
THENCE NORTHEASTERLY 15.76 FEET ALONG SAID CURVE, ALSO BEING THE
NORTHWESTERLY LINE OF LOT 78 OF SAID TRACT No. 2743, THROUGH A CENTRAL
ANGLE OF 90019'19" TO THE SOUTHERLY LINE OF SAID ROSEWOOD DRIVE; THENCE
SOUTH 89048'23" EAST 1095.35 FEET ALONG SAID SOUTHERLY LINE, ALSO BEING THE
NORTHERLY LINE OF SAID LOT 78 AND LOTS 62 THROUGH 77 INCLUSIVE, OF SAID TRACT
No 2743, TO THE POINT OF INTERSECTION OF SAID SOUTHERLY LINE WITH SAID.
SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 59; THENCE NORTH
00007'58" WEST 25.00 FEET ALONG SAID SOUTHERLY PROLONGATION TO THE TRUE
POINT OF BEGINNING.
PREPARED UNDER MY SUPERVISION:
--df -A
STEVE SHAMBECK, P.L.S. 6217
LICENSE EXPIRES 3/31/06
(p;lz ~ dct! Z-
DATE
U:\OO313\Mappinl\Le;abISTIlEET V ACATION\AOO31301.doc
.,
"
EXHIDIT "B"
LEGAL DESCRIPTION
THAT PORTION OF ORCHARD DRIVE AND ROSEWOOD DRIVE, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN
ON THE MAP OF TRACT 2743, Fll.ED IN BOOK 38, PAGE 47 OF MAPS,RECORDS OF
SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH WEST CORNER OF SAID TRACT NO, 2743. THENCE
NORTH 00007'42" WEST 210.77 FEET ALONG THE WEST LINE OF SAID TRACT TO
THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 508.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH
13009'41" EAST; THENCE NORTHEASTERLY 31.05 FEET ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 03030'08" TO A NON-TANGENT LINE, BEING THE
EAST LINE OF ORCHARD DRIVE, OF SAID TRACT NO. 2743; THENCE SOUTH
00007'42" EAST 218.86 FEET ALONG SAID EAST LINE OF ORCHARD DRIVE TO THE
SOUTH LINE OF SAID TRACT NO. 2743; THENCE NORTH 89048'15" WEST 30.00 FEET
ALONG SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING
PREPARED UNDER MY SUPERVISION:
ffi- ~
4/ro/'Uo'Z-
DATE
STEVE SHAMBECK, P.L.S. 6217
LICENSE EXPIRES 3/31/06
EXHIBIT "e"
Real property in the City of San Bernardino, CountY of San Bernardino, State of
California, described as fallows:
PARCEL NO.1:
v
LOTS 60, 62, 63, 64, 65, 66, 75, 76 AND 77, TRACT NO. 2743, LOMA LINDA
GARDENS, IN THE, CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA; lIS PER PLAT RECORDED IN
BOOK 38 OF MJ\PS, PAGE 47, RECORDS OF SAID COUNTY.
EXCEPTING THAT PORTION OF LOT 60 DEEDED TO THE STATE OF
CALIFORNL.\. FOR HIGHWAY PURPOSES BY DEED RECORDED
SEPTEMBER 13, 1960, IN BOOK 5233, PAGE 342, OffiCIAL RECORDS.
[APN: 0281-083-18; 0281-083-17; 0281..o83~16; 0281-083-15; 0281-083-14; 028 J-
083-13; 0281-083-04; 0281-083-03; 0281-083-02)
PARCEL NO.2:
THAT PORTION OF LOT 5, BLOcK. 72, RANCHO SAN BERNARDINO, IN
TI!E CITY OF SAN BERNARDINO COUNTY OF SA1~BERNARDINO, STATE
OF CALIFORNIA. AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2. '
RECORDS OF SAID COUNTY; AND A PORTION OF LOT 61, TRACT NO.
2743, IN THE CITY OF SAN BERNARDINO, COUNlY OF SAN
BERNARDINO, STATE OF CALIFORNIA. lIS PER PLAT RECORDED IN
BOOK38 OF MAPS, PAGE 47, RECORDS OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING ON THE WEST LINE OF SAID LOT 5, AT THE SOUTHWEST
CORNER OF SAID TR.A.CT NO. 2743; THENCE EASTERLY ALONG THE
SOUTH LINE OF SAID TRACT NO. 2743, A DISTANCE OF 1134.25 FEET TO
THE SOU1:'HWEST CORNER OF SAID LOT 61; THENCE NORTHERLY
. ALONG THE WEST UNE OF SAID LOT 61, A DISTANCE OF 65 FEET TO
THE NORTHWEST CORNER OF SAID LOT 61: THENCE EASTERLY ALONG
THE NORTH LINE OF SAID LOT 61,A DISTANCE OF 146.94 FEET TO THE
WEST LINE OF THE EAST 14.00 FEET OF SAID LOT 61; THENCE ALONG
SAID wEST Ln-TE (COURSE "E'1 soum 0 DEG. 36' 12" EAST, 44.99 FEET;
THENCE (COURSE "F") SOUTH 02 DEG. 49' 44" WEST, 72.79 FEET; THENCE
(COURSE "G'') soUTHWESTERLY ALONG A TANGENT CURVE CONCAVE
NORTHWESTERL ywrrn: A RADIUS OF 50 FEET, TI!ROUGHAN ANGLE OF
73 DEG. 00' 59", A DISTANCE OF 63.72 FEET; mENCE (COURSE "H")
smITH 75 DEG. 50' 43" WEST, 963.86 FEET; THENCE (COURSE 'T') SOUTH
78 DEG. 57' 07" WEST, 306.92 FEET TO SAID WEST LINE OF SAID LOT 5;
TIlENCE NORTHERLY ALONG SAID WEST LINE 387.19 FEET TO THE
POINT OF BEGINNING.
,
[APN: 0281..083-20 AND 0281--091-39)"
EXHIBIT "D"
The Redevelopment Agency of the City of San Bernardino shall cause to be
inserted into its quitclaim deed of the "Phase I Site" to SBT Partners, LLC a reservation
of a nonexclusive easement for motor vehicle, and non-motor vehicle and pedestrian
ingress and egress the following text as provided in the resolution of the Mayor and
Common Council to which this Exhibit "D" is attached.
"RESERVING IN FAVOR OF THE AGENCY, its successors and assigns upon a
portion of the Property a non-exclusive easement for motor vehicle and non-
motor vehicle and pedestrian ingress and egress across those portions of Lot 47,
48,72 and 73 of Tract No. 2743 as per map recorded in Book 38 of Maps, page
47, records of the County Recorder of San Bernardino County, State of
California, together with portions of vacated Rosewood Drive, as said street is
delineated on the map of said Tract No. 2743, and vacated by the Mayor and
Common Council of the City of San Bernardino by Resolution No. 2002-
, recorded on , 2002 as document number
, records of said County described as follows:
A 30 foot strip ofland, the centerline of which is described as follows:
Commencing at the northeast comer of Lot 26 of said Tract no. 2743;
thence South 000 07' 58" East, along the east line of said Lot 26, a
distance of 17.00 feet; thence North 890 48' 40" West, a distance of
446.48 feet to a tangent curve, concave southeasterly, having a radius of
508.00 feet; thence, Course "A", westerly and southwesterly, along said
curve, an arc distance of 416.93 feet, through a central angle of 470 01'
25" and the True Point of Beginning; thence South 450 50' 05" East, a
distance of 72.10 feet to a tangent curve, concave southwesterly having a
radius of 100.00 feet; thence southeasterly, along said curve, an arc
distance of 64.29 feet through a central angle of 370 50' 05"; thence South
10000' 00" East, a distance of 197.13 feet, more or less, to the south line
of said lot 72 and the point oftermination;
The sidelines of said easement shall be shortened or lengthened as to
terminate on said south line of Lot 72;
EXCEPTING THEREFROM, those portions of Lot 47 dedicated to the
City of San Bernardino for public street and highway purposes;
(The area of the Property upon which such non-exclusive easement is
situated contains 10,152 square feet, more or less).
S82002:35785.1
1
SB200B5785.!
The non-exclusive easement for motor vehicle and non-motor vehicle and
pedestrian ingress and egress as hereby reserved by the Agency is
appurtenant to the lands described as follows:
Real property in the City of San Bernardino, County of San
Bernardino, State of California, described as follows:
PARCEL NO. I:
LOTS 60, 62, 63, 64, 65, 66, 75, 76 AND 77, TRACT NO. 2743,
LOMA LINDA GARDENS, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS PER PLAT RECORDED IN BOOK 38 OF
MAPS, PAGE 47, RECORDS OF SAID COUNTY.
EXCEPTING THAT PORTION OF LOT 60 DEEDED TO THE
STATE OF CALIFORNIA FOR HIGHWAY PURPOSES BY
DEED RECORDED SEPTEMBER 13, 1960, IN BOOK 5233,
PAGE 342, OFFICIAL RECORDS.
[APN: 0281-083-18; 0281-083-17; 0281-083-16; 0281-083-15;
0281-083-14; 0281-083-13; 0281-083-04; 0281-083-03; 0281-083-
02]
PARCEL NO.2:
THAT PORTION OF LOT 5, BLOCK 72, RANCHO SAN
BERNARDINO, IN THE CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2,
RECORDS OF SAID COUNTY; AND A PORTION OF LOT 61,
TRACT NO. 2743, IN THE CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
AS PER PLAT RECORDED IN BOOK 38 OF MAPS, PAGE 47,
RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING ON THE WEST LINE OF SAID LOT 5, AT THE
SOUTHWEST CORNER OF SAID TRACT NO. 2743; THENCE
EASTERLY ALONG THE SOUTH LINE OF SAID TRACT NO.
2743, A DISTANCE OF 1134.25 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 61; THENCE NORTHERLY ALONG
THE WEST LINE OF SAID LOT 61, A DISTANCE OF 65 FEET
TO THE NORTHWEST CORNER OF SAID LOT 61; THENCE
EASTERLY ALONG THE NORTH LINE OF SAID LOT 61, A
DISTANCE OF 146.94 FEET TO THE WEST LINE OF THE
EAST 14.00 FEET OF SAID LOT 61; THENCE ALONG SAID
2
WEST LINE (COURSE "E") SOUTH 0 DEG. 36' 12" EAST,
44.99 FEET; THENCE (COURSE "F") SOUTH 02 DEG. 49' 44"
WEST, 72.79 FEET; THENCE (COURSE "G")
SOUTHWESTERLY ALONG A TANGENT CURVE
CONCAVE NORTHWESTERLY WITH A RADIUS OF 50
FEET, THROUGH AN ANGLE OF 73 DEG. 00' 59", A
DISTANCE OF 63.72 FEET; THENCE (COURSE "H") SOUTH
75 DEG. 50' 43" WEST, 963.86 FEET; THENCE (COURSE "I")
SOUTH 78 DEG. 57' 07" WEST, 306.92 FEET TO SAID WEST
LINE OF SAID LOT 5; THENCE NORTHERLY ALONG SAID
WEST LINE 387.19 FEET TO THE POINT OF BEGINNING.
[APN: 0281-083-20 AND 0281-091-39]
PROVIDED HOWEVER that the non-exclusive easement for motor vehicle and
non-motor vehicle and pedestrian ingress and egress as hereby reserved by the
Agency shall be terminated by the Agency upon the entry of a final judgment of
condemnation in favor of the Inland Valley Development Agency condemning all
of the lands described in San Bernardino County Superior Court Case No. SCVSS
88138."
A vicinity map prepared by the City Engineer as of October 9, 2002, which
generally depicts the location of the easement described above, has previously
been delivered to JAKS, and is on file with the City Engineer.
SB2002:35785.1
3
LOWELL R. \VEDEMEYER, LAWYER
719 Yarmouth Road, Suite 202, Palos Verdes Estates, CA 90274
~
David Gondek, Esq.
Lewis, Brisbois, et a1.
FAX TO: 909-663-2294
October 21,2002
RE: Compromise Agreement, Vacation of Rosewood Drive
David:
Enclosed is the text of the Waiver and Release of Claims, etc., bearing the signatures on
behalf of JAKS, LLC. Please note that we added the underlined, initialled text in paragraph 5 as
you and I discussed. We do not have all of the exhibits but they are adequately described in the
text so that we all know what they are.
Please forward to my office in Palos Verdes a complete agreement bearing all signatures
and with all exhibits appended.
We will be unable to physically appear at the hearing this afternoon because we waited to
get all of the signatures on the final agreement and no longer have sufficient time to drive out to
the hearing.
Thank you and Huston Carlyle for your courtesy.
Very Truly Yours,
~MEYER
Lowell R. ~meyer
Attomey to J AKS, LLC.
R
Entered into Record I'
CouncillCmyDevCms Mtg:
I~;"'I /02-
.
by
rI Agenda Item -3 ()
~b,~
Chy CllrklCDC Sec,
_ __ City ot SeA SemlrdiDl<
JKS Investment Group, LLC
Real Estate Investments
Office . I"duSltial . R&D
Retail' Hospitality
FACSIMILE TRANSMITTAL
DATE:
/0 h 9~-'---
ORIGINAL ~ILED: [ ] Yes [] No
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3(o-3'?~.b9o/?
TO: J),qv E- (;." ^' ~ e k.
9CJ? - S 8? - II J g
RECIPIENT FAX: ( )
PAGES SENT:
(inoludin~ CQvcr)
FROM:
Yo If IJ
/( /9-V r-= 4? /TN
RE:
COMMENTS: ""1'--" :...Z':4/' ~ h..d u..... ;::;.~c.____
J () (J (I
2l .:y. ~-
CONFlnEN1'JALl71' NOTlc..."-F,; nus FAx TRANSMISSION IS INTEN"OED FOR TH~ lTSE OF THE rNDTVIDUAr~ OR F;NTITV TO W"tCH IT IS
ADOhESSF.n, ANn MAY CONTAIN INFORMATION 1llA"r IS MUVILEGF.:D. CONFrn~Tl^'... ANt) EXItMPT r:'ItOM nlSCLOStlRE U""llER
AI'PLlCI\IJLE I"AW. IF YOtll\RE NOT TIYI'; fNTt.NOED R.ECII'"IENT, you AR.E HEJtItBV NOTlFlF.O TI-lAT AN\' msnTaur'ON, COPYING OR
Onl~R: ACTION RASED ON nfF; C01'll"TENTS OP nus C:OMMlINrCATTON I~ STRICTLY PR,OHIBITED. IF YOU "AVIi: REC:Ij;IVED 'tinS
CO'fMtlNICATION JI\ r.RROR, PI.P;^~E NOTIFY ItS IMMF:or^1'1\r. V By TELF;r.fONP.. AND lJ(.STROV 11IF. ORlGt;\l'AL (:C,JMMUNrCATION,
4727 Wi/.,hire BQu/evaNi. Suite 6/0, Lo." Ang","", California 90010-3875
Te/ephone 32J525./5/5, Facsimi/e323. 525./61fi Fax
CITY OF SAN BER.t~ARDINO
AND
JAKS, LLC
WAIVER AND RELEASE OF CLAIMS ARISING FROM
CITY OF SAN BERNARDINO PUBLIC STREET
VACATION PROCEEDINGS (PORTIONS OF ROSEWOOD
DRIVE AND ORCHARD DRIVE: CITY PLAN NO. 10503)
THIS WAIVER AND RELEASE OF CLAIMS (the "Agreement") is dated as of October
.Gll, 2002 by and between JAKS, LLC, a California limited liability company ("JAKS") and the
City of San Bernardino (the "City") and is entered into in light of the facts set forth in the
following Recital paragraphs:
-- RECITALS --
The City has initiated public street vacation proceedings under its Mayor and Common
Council Resolution No. 2002-282, dated September 9, 2002, affecting the public stTeet rigl\ti-of-
way described in the attachments to Mayor and Common COU.J1'.fll Resolution No. 2002~
copy Qf Mayor and Common Council Resolution No. 2002-*is attached hereto as Exhibl
"A". The public stI,ebt vacation proceedings initiated by Mayor and Common Council
Resolution No. 2002-fl4 are referred to in this Agreement as the "Rosewood Street Vacation
Proceedings".
JAKS has received notice of the initiation of Rosewood Street Vacation Proceedings and
has submitted certain correspondence dated October 2, 2002 to the City relating to such
proceedings. A copy of such correspondence is attached hereto as Exhibit "B".
The Inland Valley Development Agency has previously initiated certain condemnation
proceedings in San Bernardino County Superior Court Case No. SCVSS 88138, in accordance
v.;th a Condemnation Memorandum, dated as of November 5, 2001, by an between the Inland
Valley Development Agency and the Redevelopment Agency of the City of San Bernardino
affecting the lands ovmed by JAKS (the "JAKS Land"). A legal description of the JAKS Land is
attached as Exhibit "C".
NOW THEREFORE FOR GOOD AND VALUABLE CONSIDERATION AND THE
PROMISES OF THE PARTIES, IT IS HEREBY AGREED AS FOLLOWS:
1. The Parties agree that this Agreement is in the nature of an offer of compromise
to obtain the release and waiver of all of the claims of JAKS which JAKS may assert against the
City relating to the Rosewood Street Vacation Proceedings, and as such, the provisions of tlus
Agreement are subject to Evidence Code Section 1152. By entering into this Agreement the City
does not admit any contention of JAKS relating to the objections of JAKS to the Rosewood
1
SB2Q02:347532
ItoI-I.\PV' 1".038'
~rcm-L~r,s B~ISBOIS BISGARD l SMITH LlP
T-732 P.01/24 F-224
;09S8561i7
crrv Of SAN BIRNARPINO
AND
JAKS. U.C
WAJVJ;:R 4.l\TD PFJ 1!' "'4ir OF ClAIMS ARISING FROM
errY OF SAN BERNARDINO PUBLIC STREET
VAC,4T10N rROcnDJNGS (PORTfONS OF RQgWOOU
DRIVE AND ORCHAlU) DaIVE: CITY PUN NO. 1050])
~ THIS W AlVER AND Ul..EASE Of CLAIMS 0:1111 "Apeemen~") is da1Ed as of Qc:tobeT
~ ,2002 by and berweell JAlCS, Uc. a Clliforuia limi- IiabililY campillY ("JAJ'S") and the
1ly ot Sill Bemudiml (W: "City" lUUi is ..~efC6 illw m light elf 'Il1c ~ ~ foRh in w
following .\Ucital JIlIfI8fllphs:
.. ucrr.u.S ..
The City has initiated l'~lil: ~ ~ procealiPI' ~ its Mio'or an4 Common
CO\1l1iCil RC50ILRiOll No. 2002-2B;!, cIaTed Septem'ber 9, 2002, a&cUaa !be p1tblic .. JiIdUi:of-
14Y de!lClibc:d in thll anactan=ts to Maygr 8114 Common CO\\Piil ~I~ 'No. 2002'-' 1\
,<\QPY of MaylJf and Common Council Resolution No. 2002-f11f1s ~ hereTo as Bxhibit
'A~. The public S1I.r;I;t ~lltation plocoedinB~ initisted by Mayor and Common CoImd1
jlQQl~n No. 2002-#4"_ tllf~ to iIllhi. AlrCanent as the "Rosewoad Street Vacation
~".
IAKS lIaS receiVlld n0UC8 oCtile iniliiUion of Rosl:WClod Street Va:aUcm Proceedings lIJld
bas submilW4 certain conespondmc:e !fared Octobe'r ~, 2llO2 to tbe City ftd-.riD; to 'lUCk
~ib8s. A cOJI1' ('If such c:orn:~ponclmct is ilnac1led herem ll$1'xbibit ~B"_
The TnlaJld Valley PeveIOIl~' Apcy has previO\1.f;ly mitlllted C;etWll c~clemnalion
pror.:eedil1gs in San Ikmardillll CoulltY SupcriClf Co1.l1l Case No. seVSS 8&138, In accorda11tc
~itll a ~n Memorandum. dafed B! of NO\'embCf S, 2001. by en b~m 1be Inland
VIll1l>y D.....~l ~ amt T.ht ttwwlopment .t\.FIlCy of the Cit) of SMl Benwdino
age.;ting 1bo \irKIS ~'Iled b)' JAKS {till! "JAKS J..aad"}. A lepl desc:npllon ohlle JAKS Land ill
atlaCbad as Exhibit "C"_
NO\\" THEREFORE. FOR. GOQO AND VAt,UABU: CONlliIPEM-'NON AND l1IE
PROMISES Of T~ PAR-TTES.lT IS ~y AGREm AS fOllOWS:
I. The Patiics ap:c mat Chi~ Ap8tImOlU is in tb& 11_ QIf an offer gf c:ol1I~e
10 obtain WI relell$e llllCl Wllivcr Df al\ oftbll cIaim5 of JAKS which JAKS may assefl acai_lht
City relatillg to the R[)5eWOOd S~ VllCll!ion f'focee/1ln8s, w.tl ilS ~ Th.: pmvisiarls of Ibis
J\.Gm'll'ient arc !lUQjetllO Evidenc:e C<ile !lel!lion 1152 By earering iI1to thi, AlIfClement the CiW
cines IIg, admi~ any comenriOI1 of JAKS re\atina I,(l tIw llbjec:tiOnll af JAK.S to the Ro!le\l/OOll
1
~1WI0H"7S! 2
Street Vacation Proceedings. including without limitation any claim by JAKS that the
completion of the Rosewood Street Vacation Proceedings by the City in the manner proposed in
the City staff report, and accompanying materials, dated September 16, 2002, as submitted to the
Mayor and Common Council on October 7, 2002, would render the JAKS Land without
reasonable and adequate access to the system of public streets which abut the JAKS Land.
2. In consideration of the undertaking of the City as set forth in Section 3, JAKS
hereby withdraws each and every objection it has submitted either orally or in writing to the City
relating to the Rosewood Public Street Vacation Proceedings including without limitation the
completion of the Rosewood Street VacatioIl, ~oceedings in the manner as proposed in Mayor
and Common Council Resolution No. 2002~and JAKS for itself. its successors and assigns
hereby: (i) waives and releases all claims which it may have against the City its elected office ,
officials, boards, commission, agencies, attorneys. employees and agents for loss of abuWn
aCcess of any portion of the JAKS Land to the public street tigbts-of-way as proposed to be
vacated in Mayor and Common Council Resolution No. 2002-~upon the completion of th
Rosewood Street Vacation Proceedings, as evidenced by the adoption of the resolution of t
Mayor and Common Council dated October 21, 2002 which references tbis Agreement; and (ii)
waives and releases all claims which it may have against the City, its elected officers, officials,
boards, commission, agencies, attorneys, employees and agents for loss of value to the JAKS
Land associated with the completion of the Rosewood Street Vacation Proceedings, as evidenced
by the adoption of the resolution of the Mayor and Common Council dated October 21, 2002
which references this Agreement.
3. In consideration of the waiver and release of claims of JAKS as set forth in
Section 2. the City hereby agrees to verify, as part of the completion of the Rosewood Street
Vacation Proceedings as evidenced by the adoption of the resolution of the Mayor aod Common
Council dated October 21, 2002 which references this Agreement, that the Redevelopment
Agency of the City of San Bernardino (the" Agency") will create by reservation a non-exclusive
easement for motor vehicle and non-motor vehicle and pedestrian ingress and egress by
including in the text of the quitclaim deed of the Agency transferring to SST Partners, LLC, a
California limited liability company ("SBT Partners") the "Phase I Site", as this term is defined
in that certain agreemeT)t, dated as of May 21, 2001, as amended, by and between SST Partners
and the Agency the following provisions:
"RESERVING IN FAVOR OF THE AGENCY. its successors and assigns upon a portion
of the Property a non-exclusive casement for motor vehicle and non-motor vehicle and
pedestrian ingress and egress acrosS those portions of Lot 47, 48, 72 and 73 of Tract No.
2743 as pcr map recorded in Book 38 of Maps, page 47. records of the County Recorder
of San Bernardino County, State of California, together with portions of vacated
Rosewood Drive, as said street is delineated on the map of said Tract No. 2743, and
vacated by the Mayor and Common Council of the City of San Bernardino by Resolution
No. 2002- , recorded on . 2002 as document number
, records of said County described as follows:
A 30 foot strip ofland, the centerline of which is described as follows:
2
SB200D415J.2
. IU.'H"DZ 14:38
Fro.-LEWIS BRISBOIS BISGARD , S~ITH L,P
8DII153187
T-732 P.04/24 F-224
Sn-~ Vacal10n Pnlceedill&'S. includinl ....itllout limiMiQl\ any claim by 1At::S tbat tbl!
cQmpleUon of llut ~'OOd SlI'UCf VlII:ariDll ~4iPp by ~ City in T.bc I1IIlUIeI ~ ill.
tlle City staff repcm. and accompanying marmala. cl_ Septemblr 16. 2002. lIS ~ to the
M'lI}'OJ AM COllUI1011 Counc:\1 an OI;tobcr 7. 2002. _\IW 1enIb ~ 1AXS t.wi wilblM
fflaSOftable an4 adl:q\WIl acClSS to the systrm of public llIrel!tS whidl ~bul me 1A1<5 tImd.
2. In CCl1ISid~ of ~~ l!lIdenakillJ of l/1C City IS set fvtth in Sc:c1ioA i, JAKS
hereby wicMtaws each 8IUllMlY objection it hIlS submit1e4 ~ther orully or m wrin1181P l11e City
relatiq 10 'Ibc lW~od Public: beef VllCaIiQa Proc...lliR8" iAf;ludins 1IIirilllm IimitlMa W: G~
~ completion of the R,osmoad Smf4 Vaca.'cioll ~ in me mIMei' as proposec1 in MaJor
and COnuDon Council R~sollSric:m No 200~lUId J AKS tlr ilSelt; ilS Sl:l"~1OI'* <lIUi _ips
hen:py. (i) WaiW5 and releases all claim5 wbidl it may !lave lIPillSl ~ City tIS elected otllCI:lI.
officials, boards. conunissiOll. apc;ics. auo~ employees aDd. agents for loas of IlbuniIl8
. lICCIlli5 of any portion of the IAKS I.AJId 10 die pgbl;c - ~u-of~wa)' lllI prapllJll4 ID be a~'
Wl!atecl m Ma10r llDd Coml1lO8 CollllCil Rt5oI~ No. ~OO2,_1lpOll me IlOmpJcricm olw
Ro_aod s~ VIIC8lion Prucl!erIiIll&, lIS ~c:d 111 !be aI:lopliap aC tbc: tuOl\aKm of me
MaYar IU\l1 Cwl1t11Dll COUlllllI iWed ~ :U. 2002 wbi<!h ~fCttIlCeS tlli. ~ .., (il)
waiva and t""ln!1r5 all claiml wIlicb it !MY MW qaillst ,hI! City. iu el-tcu:tl offi~ 1lftic:i4Is.
boafds. commis5ioll. agencies, auomen. cmplo)'Cl!s 8ll&l aw:nfi for lollS of vaLue to die JAKS
LalId as~Jed with Ihr complmon of the ll.use\\1I04 S~ VlIAtioll PJOcoedmllS, as ~d~
tly lbr ~ of l!lc lClOluuon of 1t= Mayot m4 Co\mnCID CDWl<>iI daad October 21, 2002
whiCh tefe1aICQ this ^8Teemem.
~. In eclnooidcmion of IIu: waiver and relea:ie of daims Clf JAI(S as set rom in
Sl!I:tion 2, 1he City heteby ~s fD Yerify, as part of the complt'tiOll of the IWe1MXll1 StrlICI
Vllcllnon Proceectin~ lIS evilWlCed by the a40ptiDll of 1b.e n=;oluriOD oftbt Mayor and ComtIIw
Council dalIed OctDber 21. 2002 whicll ~ this Agreement. 1l1at ttle R~
Agmcy of 1he City of!llm BetDardino (the - A1ICllCl") will c:reaIt by reseMtl.Cft a I1On.excJuslw
C8li~f fo:r _ \tt:bide and non-moror vehiele au4 pe4~ inllfa5 - egress by
incllldmg in the IeXT af tho qllitc1aim dlled of rM Age1ICY ~ns ro sur p~ u.c. ..
CalIfornia limiw!! liabUiIy ccwpUly ("BBT Parulns; tiw "Pl\a$e r Silll", as lhi_ lemI it defiMd
in rlmt cUllin i\Bll=emI:!1I, rlated as of May 21. 2001, as ammde4. by alId bmlIeen SBT PaJtIIl'.fli
lUld the ^~ the following provisiol\s:
"WERVING IN FA VOIl OF mE AGElIICY. its ~ mutl$liigns upcm II ponton
of the PrupmY II non-eulu:rivc ~1 for melOr ~..ni"I" .... JlQlI-rrsaIOr whioll!' lISIli
pc:de51rian irIgRss and;gr~ llI;COSS ,_ portilln5 of t.ot 41, 48, 72 and 73 afT*' No.
274'l as per map recorded in Book lB of MAps. P9' 41. recllfdS of"lllc CoIll1b R.~Cf
of San BemardillO Cmmty. State of Califllmi.. talletbl!r with pottioPs of vac:ma1
RoSl!WllQCl Drive. as llllid $1:tlln is t\elitll'lIl1'd 01l liIe map at said T met No. 2143. and
"Ill:lltcd by lbe MII.)'Of...d Co:am~n Ca\QlQil arlh" City of SlIP Berrwdintl by RcsalJ,\lion
~o. 2002. . l'lICOrde4 an . 2002 as dOC\llJll!llt number
, record$ ar sai4 county "scribed lIS follows:
A 30 foot ~p anand. I:)Ie l:~ine afwbicb i. cle!ICribed as follQWS:
2
sa:W02,.,m3.2
S1l20<l2347l3.2
Commencing at the northeast corner of Lot 26 of said Tract no. 2743; thence
South 000 01' 58" East, along the east line of said Lot 26, a distance of 17.00 feet;
thence North 890 48' 40" West, a distance of 446.48 feet to a tangent curve,
concave southeasterly, having a radius of 508.00 feet; thence, Course "A",
westerly and southwesterly, along said curve, an arc distance of 416.93 feet,
through a central angle of 470 01' 25" and the True Point of Beginning; thence
South 450 50' 05" East, a distance:: of 72.10 feet to a tangent curve, concave
southwesterly having a radius of 100.00 feet; thence southeasterly, along said
curve, an arc distance of 64.29 feet through a central angle of 370 50' 05"; thence
South 100 00' 00" East, a distance of 197.13 feet, more or less, to the south line of
said lot 72 and the point of termination;
The:: sidelines of said easement shall be shortened or lengthened as to terminate on
said south line of Lot 72;
EXCEPTING THEREFROM, those portions of Lot 47 dedicated to the City of
San Bernardino for public street and highway purposes;
(The area of the Property upon which such non-exclusive easement is situated
contains 10,152 square feet, more or less).
The non-exclusive easement for motor vehicle and non-motor vehicle and
pedestrian ingress and egress as hereby reserved by the Agency is appurtenant to
the lands described as follows:
Real property in the City of San Bernardino, County of San Bernardino,
State of California, described as follows:
PARCEL NO. 1:
LOTS 60, 62, 63, 64, 65, 66, 75, 76 AND 77, TRACT NO. 2743, LOMA
LINDA GARDENS, IN THE CITY OF SAN BERNARDINO, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 38 OF MAPS, PAGE 47, RECORDS OF SAID
COUNTY.
EXCEPTING THAT PORTION OF LOT 60 DEEDED TO THE STATE
OF CALIFORNJA FOR I-TIGHW A Y PURPOSES BY DEED
RECORDED SEPTEMBER 13, 1960, IN BOOK 5233, PAGE 342,
OFFICIAL RECORDS.
[APN: 0281-083-18; 0281-083-17; 0281-083-16; 0281-083-15; 0281-083-
14; 0281-083-13; 0281-083-04; 0281-083-03; 0281-083-02]
.
;)
PARCEL NO. 2:
THAT PORTION OF LOT 5, BLOCK 72, RANCHO SAN
BERNARDINO, IN THE CITY OF SAN BERNARDINO COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID
COUNTY; AND A PORTION OF LOT 61, TRACT NO. 2743, IN THE
CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 38
OF MAPS, PAGE 47, RECORDS OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING ON THE WEST LINE OF SAID LOT 5, AT THE
SOUTHWEST CORNER OF SAID TRACT NO. 2743; THENCE
EASTERLY ALONG TIlE SOUTIl LINE OF SAID TRACT NO. 2743,
A DISTANCE OF 1134.25 FEET TO THE SOUTHWEST CORNER OF
SAID LOT 61; THENCE NORTHERLY ALONG THE WEST LINE OF
SAID LOT 61, A DISTANCE OF 65 FEET TO THE NORTHWEST
CORNER OF SAID LOT 61; THENCE EASTERLY ALONG THE
NORTIl LINE OF SAID LOT 61, A DISTANCE OF 146.94 FEET TO
THE WEST LINE OF THE EAST 14.00 FEET OF SAID LOT 61;
THENCE ALONG SAID WEST LINE (COURSE "E") SOUTH 0 DEG.
36' 12" EAST, 44.99 FEET; THENCE (COURSE "F") SOUTH 02 DEG.
49' 44" WEST. 72.79 FEET; THENCE (COURSE "G")
SOUTHWESTERLY ALONG A TANGENT CURVE CONCAVE
NORTHWESTERLY WITH A RADIUS OF 50 FEET, THROUGH AN
ANGLE OF 73 DEG. 00' 59", A DISTANCE OF 63.72 FEET; THENCE
(COURSE "H") SOUTH 75 DEG. 50' 43" WEST, 963.86 FEET;
THENCE (COURSE "1") SOUTH 78 DEG. 57' 07" WEST, 306.92 FEET
TO SAID WEST LINE OF SAID LOT 5; THENCE NORTHERLY
ALONG SAID WEST LINE 387.19 FEET TO THE POINT OF
BEGINNING.
[APN: 0281-083-20 AND 0281-091-39]
PROVIDED HOWEVER that the non-exclusive easement for motor vehicle and non-
motor vehicle and pedestrian ingress and egress as hereby reserved by the Agency shall
be terminated by the Agency upon the entry of a final judgment of condemnation in favor
of the Inland Valley Development Agency condemning all of the lands described in San
Bernardino Cotmty Superior Court Case No. SCVSS 88138."
A vicinity map prepared by the City Engineer as of October 9, 2002, which generally
depicts the location of the easement described above, has previously been delivered to
JAKS, and is on file with the City Engineer.
4
SB20n2:34753 2
4. Except as otherwise expressly provided herein, the Parties hereto on behalf of
themselves and no others, hereby release and discharge each other, their officers, directors,
shareholders, employees, agents, attorneys, beneficiaries, representatives, successors and assigns
from any and all debts, claims, demands, liabilities, obligations, causes of action and rights,
whether known or lUtknown, which each party now owns or holds, or at any time heretofore
owned or held, by reason of any act, matter, cause or thing whatsoever, arising between the
parties he~_ in any way from the adoption by the Mayor and Common Council of Resolution
No. 2002-~and the completion of the Rosewood Street Vacation Proceedings as evidenced by
the adoption of the resolution of the Mayor and Common Council dated October 21,2002 which
references this Agreement.
5. Upon the adoption of the resolution of the Mayor and Common ColUtcil which
references this Agreement the Parties agree to release and shall release any and all claims, ~
subiect matter stated in the immediately preceedinl! paral!ranhs 2 and 4. whether or not claimed
or suspected, by the Parties, to and including such date, which shall constitute a waiver of each
and all of the provisions of California Civil Code Section 1542, which Civil Code Section re
as follows:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the debtor."
The Parties hereby acknowledge that the import of tIle provisions of Civil Code Section
1542 have been explained to them by their 0"'.11 counsel and that they understand tbe same.
6. Notwithstanding any other provision of this Agreement, each and every one of the
releases provided in Section 2 of this Agreement shall only become effective upon the
completion of the Rosewood Street Vacation Proceedings, as evidenced by the adoption of the
resolution of the Mayor and Common Council dated October 21, 2002 which references this
Agreement; provided however, that itl the event that for any reason SeT Partners may not accept
delivery from the Agency of the Phase I Site under the quitclaim of the Agency containing tbe
non-exclusive easement as set forth in Section 3, by a date not later than December 31, 2002,
then in such event the recordation of the resolution of the Mayor and Common Council dated
October 21, 2002 which references this Agreement shall not occur, and the Rosewood Street
Vacation Proceedings shall be of no further force or effect and the Parties shall be mutually
released and discharged from any further obligation under this Agreement.
7. It is expressly understood and agreed by the Parties that the facts with respect to
which the releases are given herein may hereinafter be determined to be other than or different
from the facts in that connection now known or believed by the Parties to be true, and the Parties
expressly assume the risk of the facts being different, and agree that this Agreement shall be in
all respects effective and not subject to termination or rescission by reason of any such difference
in facts. The Parties lmderstand and acknowledge the significance and the consequence of such a
specific waiver of unknown claims and hereby assume full responsibility for any injuries,
5
SB~002:34753.2
. IU-Zft-UZ 14'41
FrOl-l~WIS B~ISBOIS BISGARD & SMITH LLP
909BB5!IB7
T-7!2 P.07/24 F-224
4. El<RIpt as ~~ ~Isly plOvicleQ bettin, ~ PuRes heJeto on bellaIf of
themnlves and DO othen;. h;:dly relllllll' and di~bar81l elIl!h 0_, Wit ClftiI:Cft. 4is'KtCn,
(J ~ empl~ apnl5, ~ ~ ~YJIS, lmecefS,," lIIMl:tnir'l
from MY IlIId all debls. ~, Qe\:ll""d,. liatrilities, obliptiQJls, caqses of acliCm I\DlJ ripU.
wbelber known or un1cnawn. which eIlCh pIl1y tlllw OW115 or l101ds. or at any _ bemofare
(f owned ... held. by reason of lUIY llCl. 1tllIttfT. ~ Or thi"ll wIIauoeY&T. IriJiq lxmv1=ell~tbej
pal1ill$ I1emP... in auy way from lhe adQplioo l>y I!Ie Mayor lIJld Comptnn C0UIlC\1 of'ResoIIlIion/ /
No. 2OO2-*ams rbe llmIlplctiDn of,ho ao:l4OWOOll Stre/!:f V~.utm Pmceedil\llS III cv;d1lllUd
tI1e adop~ of~ l'QOllItion oftJie Mayor al'I(\ Common C~ dated (ktober 21,1002
refill;e.nc;es this A.gr8eml:l11.
5. Upon !be .cIaP'ill!1 of me mollltioll of lbe MI)'OI' 1M Cammua CD-U ..wkh
"~ lJ,aa &lis ....CIDfCf the Pam. ope 10 n1Jadt lllId sbaU re1casc 1lJI)' llIld aU cJa1ms. Q!lJbl!.
sl!lnec:J ~ ~ in ~ immedi~ly pt".~dlftll p"...... ~ ...r! 4_ ~ or llOt t"llim=
or ~ by !he Parties, to and l~udillE :!IIlQ d-. which aIlIU etmStina l\ ..,.i_ of pda
lll10 .11 of tlK: proviJioM tof Califol11iA Civil Co& SCCliOll 1543. whidl Civil Code Section
all fbllows:
..'" geD&:n\l n::1=se doe5 not 0lCTtlUl1D elaims w1Uch w CMUtor does 1l~ know or
~ to elCist in bis fi.vw lI& she 1im~ of executlns tbe ra1ea&e. whiGh if known
by him ~ hllw matlIriallyaft'eetM bi" semanent with Ibe cJebror.ft
llul Pw. bl!Jeby lIl!kaA~ that rhr i.mport afme provisilll1$ of Civil Code ger:lion
1 S42 have been hplllined to Illem by tblir o~"n cll\ll1R1l1ll4 tIuU rbey UQdcnltand tbllll(ne.
6. NotWid1standUiS any other provision of tbis Apcment.1ICb aM ~ cme of'll1lo
relca.~s provided. ill SectiM 2 of \hiS AgreemMt ,)JIU only lWICOme etWt:ti~ lIpM ~
complaion of tJIf: 1lo8l:WOCl4 StTI1:et Vaeation ~ as evid"'l""" by ~ adopdon of the
rnol1.Qiaft Clf the Mayor and Comm'lll CallrlCil dated CktOber 11. 2002 which .~MCCll thiS
AIl'=-t; ~vidt'C.\ bowever. that in the evem tMI: for IlIIY reason SaT PIlftllm _y llOIlIcupf
deliv=y from me AaellCY ofth. Pbw 1 Sire undct the q1.liwlaim of Ihe AF!e)' eonaaiaiq ~
uoo-ccl.mve easemePt as SCI. funh in St;!iou 3, by a dIU: not leer dIan Dll;ember 31,2002.
mlll1 in such event the tecOldaJ;ion ot: lite zesolutiOn af 1lle Ma)'Of &ad Common CDunciI QaUld
October 21. 20021\'hieh l.ti.,lI.~ this A~ shall /UI'I oa:ur. and Ihc ~sewq04 Stml
Vacaaon Pweocdinp llMllllo {){ no fartber fot" or ..ttia UI4 the Parties sh&\\ be lDlltually
fel~d lUId di!lCbarpd &om any further GbJiftlUion \IDIIllr this A.grcemcnf.
,. It is expre$Sly undenfood and agreed by tile Panie5 thal the facl:s wim reapa;t SO
"'tlit;!} lhe releases are given herein may bc:reinafter be d&lJennillcld sa be OM ltJ,an or Ilitletent
from tie fActs in tIW COlUleCllon now ~ 01' bel ievecl by Ule Panic:a to be: uw;, aod the PIIlIies
c"JI"lssly IIssume tI1e risk of the tiu:ts beil1ll tIiffc:rent, ancl agrtIe tliU thIs Agreement stla\1 be! ill
all T!SpIlCu efI'clctlve antS 1I0t subfcct to rmDinaIiOl1 or ~uian by fCIIOI' of any S1IICh di&lellOCl
ill filc:1s. The PlU'lies understUld ;me! aclmO\lr1edic rbe significam:e llII4 the j:Q~ of $\Jdl "
specific waillCl' of unj;;lloWll claims .0 hmOY 1I85ll1ll11 full IftJKl1llIibility for anY il\iurleS.
S
SB~:)~7Sl.2
damages, losses or liabilities that they may hereinafter incur from the waiver of said unknown
claims.
8. The Parties represent and warrant that they fully understand each of the tcrms of
this Agreement and its consequences, and that they have sought the advice of counsel prior to
executing this Agreement.
9. This Agreement is binding upon and shall inure to the benefit of the Parties, their
respective officials, officers, directors, shareholders, employees, representatives, partners,
assigns, successors-in-interest, agents, attorneys, affiliate corporations, partnerships and joint
ventures.
10. Each person executing this Agrecment personally represents and warrants to the
other signatories that he or she has the authority necessary to execute this Agreement, and that no
other consents or approvals of anyone are required or necessary for this Agreement to be
binding, which consents or approvals, if necessary, have been duly obtained prior to the
execution of this Agreement.
II. This Agreement shall in all respects be interpreted, enforced and governed by and
under the laws of the State of California.
12. Should any action in law or equity be brought to enforce or interpret the terms of
this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and
costs, incurred in the prosecution or defense of such litigation. For the purposes ofthc preceding
sentence, the words "reasonable attorneys' fces" in the case of the City mean and include the
wages, salaries and expenses of lawyers employed by the Office of City Attorney, computed on
an hourly basis. who provide legal services to the City in the defense of any such matter.
13. This Agreement has been jointly negotiated and drafted. The language of this
Agreement shall be construed as a whole according to its fair meaning, and not strictly for or
against either Party.
14. The Parties may execute duplicate originals of this Agreement.
J /I J
/1/1
/1/1
/1/1
/Ii!
6
SB2002J47SD
J 5. The Parties may deliver signatures evidencing the execution of this Agreement
via facsimile as if an original signature of such Party was provided.
Dated: Oetober~, 2002
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTOR."JEY
CITY OF SAN BERNARDINO
JAMES F PENMAN, CITY ATTORNEY
By:
Dated: October:;;' { . 2002
APPROVED AS TO FORM:
By'
Lowell R. Wedemeyer
Attorney ror JAKS
SIl200D475J 2
N BERNARDINO
Dated: October _,2002
JAKS
JAKS, LLC, a Califomia limi
com any
By:
By:.
,/ J
,/ ..
Its Managing Member
Dated: October 2/ , 2002
7
Oct-25-02 09:21A City Clerks office
1
P.02
1
2
RESOLUTION NO
LOOL-282
RESOLUTJON OF THE CITY m' SAN BERNAROTNO nEC1.ARINC ITS
3 INTENTION TO ORDER nm VACATION OF PORTJONS OF ROSEWOOD DRIVE,
BETWEEN ORCUARD TlmVR ANn TIPPECANOE AVENUE AND ORCHARD DRIVE
4 SOUTH 01<' ROSEWOOD DRIVE.
5 BE IT RESOL VEn BY mE MA YOR AND COMMON COUNCIL OF THE CITY OF
6 SAN 111':RNARDlNO AS FOLLOWS:
7 SECTJON I. That thc Mayor and Common Council oftbe City ofS,m Bernardino
8 herehy dcclarcs its intention to order the vacation of portions of Rosewood IJrivc. bctwccn
!)
Orchard Drive and Tippecanoe Avenue ami Orchard Drivc, south of Rosewood Drivc, as [lIOTe
10
11
12
13
fully described in Exhihil "An and Exhihit "B" allaehed hereto.
SECTION 2. That the Mayor ,md Common Council of the Cily of San Bernardino. in
vacating the above described portions of said slreels, elecls (0 proceed under and in accordance
14 with thc provisions of the "Public Streets, Highways, and Service Easements Vacatio" Law".
15
16
17
18
being Division 9. Part 3, oftbe Streets and Highways Code ofthc State of California.
SECTION 3. That the hour "I' 4;00 p.m" on Monday, October 7. 2002, in the Council
Challlhers of City Hall, 300 North "f)" Street. San Bernardino, Calilnrnia, is fixed as the time
19 ,md place whcn and where all persons interested in or ohjecling to the proposed vacation may
20
21
22
23
24
25
26
27
28
appear helnrc thc said Mayor and Common Council and oller cvidcnce in relation thereto. For
further particulars as to the proposed vacation. reference is made to that map marked "Plan No,
1(50)", approved on July 15, 2002, a copy or which is on filc in the ot1ice of the City Clerk of'
said City.
SECTION 4. Nothing in this Resolutioll shall in any way affect or disturb illlY existing
casements for puhlic utility purposcs bdon~ing either to the City oj' San Bernardino or to any
public utility; and therc is hereby specilically reserved li,r the City of San Bernardino, its
." "
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2002-282
Rl':SOLUTlON OF INTENTION --- VACATION OF /'ORTIONS 01' ROSEWOOllllRIVE llETWEEN
ORCHARD DRIVE AND TIPPECANOE AVF,NlJE AND ORCHARD DRIVE SmiTH OF ROSF.WOOD
DRIVE (Pion No. (0503).
1
2
3 su~cessors. heirs and assigns, a /el11porary easement fCl!' sanitary sewer and appurtenant facilities
4
OVCr thc entirc area proposed to he vacated, including the right at any time, or Ii-olll time to lime,
5
to construct, maintain. operate, replace and renew said sewer or apptll1enanccs and shall include
6
the right or ingress and egress thereto; and there is hereby specillcally reserved lilr Soulhern
7
8 Cali filmia Edison, its successors, heirs and assigns, a tcmporary caseml'nl 10 construct, place,
9 opcrall'. inspcct, maintain, repair, rcplace and remove any overhead or undcrground el~etrieal
10
11
12
transmission and/or distribution stmeture consisting of wires, cahles, conduits, poles. pole
anchors and guy wires, manhole markers and necessary fIxtures and appurtenances. and said
temporary casement shall include the right of ingress and egress thereto; aml there is hereby
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19
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specilkally reserved for the City of S~111 Bernardino Municipal Water Department, its successors,
heirs and assigns, a temporary casement lilf water utility purposes over the entire area proposed
10 It" vaeatGd. including the right ,.1 any lime. or li'om time to time. to construct, maintain.
operatc, r~pla"t: and rcncw one or mow pipelines or appurtenances for thc transportation of waleI'
and related incidental purposes, and said temporary easement shall include thc right of ingress
and egress lhereto; and Ihere is herehy specifically reserved for Verizon Calil(lrnia, Inc" ils
successors, heirs and ,Issigns. a temporary casement to construct, place, operate. inspect.
maintain. r"pair and replace underground and overhead stnlctures consisting of wires, cahles and
necessary fixtlll'es and appurtenances and said temporary easem"nt shall include the right of
ingress and egress thereto; and there is hereby specilieally wserved for The nas Company. its
25
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successors. heirs and assigns, a temporary easement over the entirc area proposed to he vacated,
including the right at any time. or from time to time. to construct, mainlain, operate, replace and
B"''''t~lf\'''
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Oct-2S-02 09:22A City Clerks office
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2002-282
RESOLUTION OF INTENTION --- VACATION OF rORTIONS OF ROSEWOOD DRIVE RETWEl:;N
1 ORCHARD DRIVE AND Tlrf'ECANOE AVENUE AND ORCHARD DRIVE SOIITII OF ROSEWOOD
DRIVf: (Plan Nu. 10503).
2
3 rcncw one or more pipelines or appurtemlllces Ihr the transportation of natural gas, and said
4 temporary easement shall include the right of ingress and egress thereto. All lemporary
5
casements reserved herein shall terminate upon relocation or ahandonmenl of existing facilities.
6
7
8 CilY of San Uernardino is hereby directed to cause Notices of Street Vacation to be posted as
9
SECTION 5. That the City Engineer/Deputy Dircetor of' Development Services for the
required hy said "Public Streets, Highways amI Service Easements Vacation Law."
10
SECTION 6. That the City Clerk shall certify to the adoption of' this Resolution of
11
Intention and shall cause the samc [0 he puhlished once a week for two successive weeks in The
12
~an Aernardino Counly Sun. a newspaper puhlished and circulated in the City of San
13
14 Aernardino, prior to the ahove dale sel !inih for the public hearing,
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Oct-25-02 09:22A C;ty Clerks Off;ce
2002-282
RESOLUTION OF INTF.NTION ..0 VACATION OF PORTIONS OF ROSEWOOD DRIVF. RF.TWF.F.N
1 ORCHARD DRIVE AND TII'PECANOE AVENUE AND ORCHARD DRIVE SOllTII OF KOSEWOOIJ
DRIVE (l'lan No. 10503).
2
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4 COl1l1l10n Council of the City III San Bcrn'trdillO at a joint regl1lar . ..,_ meeting Ihereof
5
held on Ihe 9th__ day of Septemher
6
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10
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14
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16
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19 The Ii:lrcgoing resolution is hereby approved this I :)T!,-. day of_September
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. 20~, by the following vote, to wit:
Council Members: AYES NA YES AD STAIN AUS~.!~.I
ESTRADA x
LIEN x
MCGINNIS x
DERRY x
SUAREZ x
ANDERSON x
MCCAMMACK x
~<:..kf _ (!{ ,(,-,'<-.k .
City .Ierk
.2002
.r
Approved as to forll1
ancllcgaI content:
~,_ __.~a_..."'"
J _ lTH V ALLES. Mayor
Ci y of San Bernardino
25 JAMES F. PENMAN
26 Cily Attorney
27 Fly:
28
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Oct-2S-02 09:22A C;ty Clerks Off;ce
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P.06
2002-282
F.XII18IT "A"
LEUAL LJESCRTPTIllN
THAT PORTION OF IWSFWOOOD DRIVt, 50,00 HTT WID!', IN TilE CITY Of SAN
Ill'RNARDINO, COUNTY OF SAN BtRNARDlNO, STATIO OF CALIFORNIA, AS SHOWN ON
TI-II': MAl' OF TRACT No. 2743, FILED IN DOOK 3R, "AUE 47 or MAPS, RECORDS OF SAID
COUNTY; TOGETHER WITH THAT PORTION OF LOT 59 OF SAU) TRACT No 2743
ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN nERNARDINO, AS
DESCRIHED IN A DOCUMENT RECORDED IN [lOOK 7(J92, J'A(jE 78101' OHIClAL RECOIUlS
or SAID COUNTY; TOGETHER WITH THAT PORTION OF LOT 5'1 or SAID TRACT No 274\
ACQUIRED rOR STREET PURPOSES DY SAID COUNTY or SAN BERNAIUlINO, AS
DEsCR\IlE.D IN A DOCUMENT RECORVED AS INSTRUMENT No. 83.02R52R2 OF SAID
OFFICIAl. RECORDS; TOGETHER WITH TIIAT PORTION OF LOT 52 OF SAll> TRACT No. 274:\
ACQlIlRtD fOR STREET l'URl'OSES BY SAW COUNTY OF SAN DERNAIUlINO, AS
DESCRlBtD IN A DOCUMENT RtCORIJED IN BOOK 9329, PAUE 1305 or SAID Or-BCIAL
RECOIUlS; TOGETHER WITH TIlOSE PORTIONS or LOTS 50 AND 51 OF SAID TRACT Nil.
2743 ACQUIRED FOR STREET i'lJRJ'OSES BY SAlD COUNTY OF SAN BERNARDINO, AS
D!::SClUBED IN A DOCUMENT RECOlUltD IN BOOK 6119, PAGE 180 OF SAID Ol'l-'IClAL
RECORDS; TOGF.THER WITH THAT PORTION OF LOT 4'1 OF SAID TRACT No. 274J
ACQUIRED FOR STREH PURPOSES BY SAID COUNTY or SAN BFRNARDINO, AS
DtSCRll3ED IN A DOCUMENT RECORDED IN nOOK 871M, I'AC;E 78'1 OF SAID OFFICIAL
RrCORDS; AND TOUtTHER WHH HIAT POR"IlON Of LOT 4J OF SAID TRACT No. 274J
ACQIJlKFD FOR STREET I'URI'OSES IW SAID COUNTY OF SAN DERNARDINO, AS
DESCRIBHJ IN ^ DOCUMENT RFCOKDf.'.I) IN BOOK M916, PAGE 1339, AND RERECORDED IN
nOOK 892M, PAUlO 596, BOTH OF SAID OFl'ICIAI. RECORDS; TOGETHER MORE
I'ARTICULARL Y DESCRIBED AS rOLl.ows:
COMMENCING AT THE INTtRStCTlON OF TilE CENTERLINES or TTPPFCANOF AVENUE,
60.00 FEFT WIDE, AND ROSEWOOD DRIVE, 50.00 FEET WIDE, AS SAID STRfETS ARE
SHOWN ON SAID MAP or TRACT NO. 2743; THENCE NORTH &9048'23" WEST 191.(10 FEET
Al.ONG SAlD CENTERLINE or ROSEWOOD DRTVE TO TilE SOlJTHfRLY PROLONGATION
or .tHE EASTERLY LINE OF SAID LOT S') AND THE TRUE. POINT OF BEQlNNING; THENCF
NORTH Oll"07'5M" WEST 30.00 rEEl' ALONG SAID SOUTHERLY PROLONGATION AND SAID
EASTERL Y LINE TO TilE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET OF SAID LOT
~9, AS DESCRIBED IN SAIl) DOCllMFNl RECORDED IN nOOK 7092, PAGE 781 OF OFFICIAL
RECORDS; TI-IFNCE NORTH 89048'23" WEST 65.02 FEET ALON(; SAID NORTHERLY LINE TO
THF WESTERLY LINE or SAID LOT 5<); THENCE SOUTH 00"07'57" EAST 5.00 rEET ALoNG
SATD WtSTERL Y LINE TO TflE NORTHERLY l.1NE OF SAID ROSEWOOD DRTVE, AS SHOWN
ON SAID MAP; THENCE NORTH 89048'23" WEST 26009 FEET ALONG SAID NORTHERLY
LINE OF ROSEWOOD llRIVt, AL.SO BEING THE SOUTHERLY LINE OF l.OTS 55 THROUGH 5&
INCLUSTVE, OF SAID TRACT No. 2743, TO THE SOUTHEAST CORNER OF SAID LOT 54;
TIIENCE NORTH OO"07'~r WEST 5.00 tEET ALONG THE tASTER1'v LINt OF SAID LOT 54
TO TIlE NORTHERLY LINE OF TilE SOUTIIERL Y 5.00 FEET OF SAID LOT 54, AS DESClUBFD
IN SAID DOCUMENT RECORDED AS INSTRlJMFNT No. M3-02R5282 OF OFFICIAL RECORDS;
THENCE NORTH 89048'23" WEST 65,02 FEET ALONG SAID NORTHERLY LINE TO TilE
WES1ERL Y LINE 01-'" SAUl LOT 54; TIIENCE SOUTH 00"07'52" I-'"AST ALONG SAID
WESTERLY I.INF TO SAU1 NORTHERLY LINE OF ROSEWOOD DRIVt; THENCE NORTH
89"48'23" WEST 65.02 FEET ALONG SAID NORTHERLY LINE OF ROSEWOOD DRIVE, AlSO
BEING THF SOUTIIERLY LINE or LOT 53 Of SAil) TRACT Nu. 2743, TO THF smmlEAST
'1.'111.11 I N-1;'Wi/lj."lr~.1hi.~1 KU".I "'-.-\1 'A Ilt'lN\.,\OlHJ301.1\,,:
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Oct-25-02 09:23A City Clerks OTTice
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P.U.l
2002-282
CORNER or SAID LOT 52; THENCE NORTH oono?, 5 I " WEST 5.00 FEET ALONG JHE
EASTERLY lINE OF SAID LOT 52 TO THE NORTHERLY HNl'; OF THE SOUTHERL Y 500 HET
Of SAID I.OT 52, AS DESCRffiFD IN SAID DOCUMENT IH'CORDED IN nOOK 9329, PAGE 1305
OF OfFICIAl. J{fCOIWS; THENCF. NORTH 89n4R'2J" WEST lRO.02 fUT ALONG SAID
NOK1HERL Y LINE, AND CONTINUING ALONG THF NORTHERLY lINE OF 'II IE SOUTHERLY
5.00 FEET OF SAID LOTS 51 AND 50, AS DESCRIBED IN SAID DOCUMENT RECORDFTl IN
nooK. 6419, PAGE 180 Or OFFICIAL RECORDS; THENCE PERPENDICULAR TO SAID
NORTlIERL Y lINE or ROSEWOOD DRIVE, SOUTH 00"11'37" WEST 5.00 !'TTT TO SAID
NORTHERLY LINE OF ROSF,WOOD DRIVE; THENCE NORTH 89048'23" WEST 140.14 rEET
ALONG SAID NORTHERLY LINE OF ROSEWOOD DRIVE, ALSO nElNC; THE SOUTHERI.Y
LINE Of SAID LOT 50 AND LOTS 45 THROUGH 49 OF SAID TRACT No. 2743, TO THE
SOUTHEAST CORNER OF SAID lOT 44; THENCE NORtH OO"OT44" WEST 5.00 fEET ALONG
TilE EAST/:RLY LINE OF SAID LOT 44 TO TIlE NORTHERLY LINE OF THf. SOUTHERLY 5.00
fEET OF SAID LOT 44, AS nESCRIIlED IN SAID DOCUMENT RECOKDElllN BOOK R7IR.
PAGE 1M7 OF OFFICIAL RECOIillS; JHENCE NORTlI R9n4R'23" WEST 110.16 FEET ALONG
SAID NORTHFRLY l.INE, AND CONTINUING Al.ONG THE NORTHERLY !.TNI'. OF TIlE
SOUTHERLY 5.00 FEEl OF SAil> un 43, AS L>ESCRLBED IN SAlT> DOCUMENT IU:COI{J>FJI IN
BOOK 8916, PAGE 1.13'), AND RERECORDED IN nOOK 8928, PAGE 596, nOTH OF OFFICIAL
RECORDS, TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A
RADIUS Of 20.00 fEET; THENCE NORTHWESTERLY 3110 FHT ALONG SAID CURVE AND
CONTINUING ALONG SAID NORTIIERL Y LINE, THROUGH A CENTRAL ANGLE OF 89"40'41"
TO A POINT OF TAN(iFNCY WITH THE EASTERLY LINE OF ORCHARD DillVE, N:; SHOWN
ON SAlT> MAP; THENCE SOUTH 00007'42" FAST 84,95 fEET AI.ONG SAIV EASTEill,Y l.INE
TO A POINT OF CUSI' OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF
10.00 f:EET, A l.INE RADIAL TO SAID POINT OF ellSI' BEARS SotITH 89052' 18" WEST;
TIIENCE NORTHEASTERLY 15.76 fEET Al.ONG SAID CURVE, ALSO BEING TIlE
NORTHWESTERLY LINE OF LOT 78 OF SAID TRACT No. 2143, THROUGH A CENTRAl.
ANGLE OF 90"19'19" TO THE SOUTHERLY LINE OF SAITlIWSEWOOD DRIVE; TIIENCE
SOUTH 89"48'23" EAST 1095,35 FEET ALONG SAID SOUTHERLY LINE, ALSO TIEING THE
NORTHERL Y LINE OF SAID LOT 78 AND LOTS 62 THROUGH 71INCLlISlVE, Of SAITl TRACT
No 2143, TO THE POINT OF INTERSECTION OF SAil> SOUTHERLY UN" WITH SAID
SOUTHERLY PROLONGATION OF TilE EASTERLY LINE OF LOT 59; THENCE NORTH
00n07'5R" WEST 25.00 FEET ALONG SAID SOUTHERLY PROLONGATION TO TilE TI{1)E
POItiT OF IlF.GINNJNG.
PREPARED UNDER MY SUPERVISION:
A~-~
STEVE sfiAMriECK, P.L.S, 6217
LICENSE F.XPIRES 3/31/06
(p;i~~ Z.
DATE
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2002-282
EXHIBIT "B"
LEGAL DESCRIPTION
THAT PORTION Of ORCHARD DRIVE AND ROSEWOOD DRIVE, IN TfIE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SIIOWN
ON THE MAP OF TRACT 2743, FILED IN BOOK 38, PAGE 47 OF MAPS, RECORDS OF
SAID COUNTY, MORE P ARTlCULARL Y DESCRIBED AS T'"OLLOWS:
BEGlNNfNG AT THE SOUTH WEST CORNER OF SAID TRACT NO. 2743 THENCE
NORTH 00007'42" WEST 210.77 FEET AI.ONG TIlE WEST LiNE OF SAID TRACT TO
THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY,
HA VTNG A RADIUS OF 508.00 FEET, A RADIAL LINE TO SAID POINT DEARS SOUTH
13"09'41" EAST; THENCE NORTHEASTERLY 31.05 FEET ALONG SAID CURVE,
THROUGJ I A CENTRAL ANGL.E OF 03030 '08" TO A NON-TANGENT LINE, BEING THE
EAST LINE OF ORCHARD DRIVE, OF SAID TRACT NO. 2743; THENCE SOlJTH
00"07'42" EAST 218.86 FEET ALONG SAID EAST IJNE OF ORCHARD DRlVE TO THE
SOUTH LINE OF SAil> TRACT NO. 2743; THENCE NOR1l189"48' 15" WEST :1000 FEET
ALONG SAID SOUTH LINE TO THE TRUE POINT Of.B:EGINNING
PREPARED UNDER MY SUPERVISION:
ffi-~
STEVE SflAMBECK, P.I. S. 6217
LICENSE EXPIRES 3131/06
L/ /; ~/'l&j}'l--
DATE
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LOWELL R. WEDEMEYER, LAWYER
719 YARMOUTH ROAD, SUITE 204, PALOS VERDES ESTATES, CA 90274-2673
Tele: 310-378-0609 FAX: 310-378-6949 email:1owell@transtalk.com
October 2, 2002
Mayor and Common Council Qf
City of San Bernardifto
City Clerk
City Hall,
300 N. "0" Street
San Bernardino, CA 92418
RE: Plan No. 10503
Vacation of Portions of Rosewood Drive and orchard Drive
Hearing Date: October 7, 2002, 4:00 p.m.,
Hearing Place: Council Chambers, 300 N. "0" Street, San
Bernardino
Honorable Mayor and Council Members:
This letter is a response on behalf of landowner JAKS, LLC
to the Notice of Street Vacation, Plan No. 10503, ;whlch is set
for hearing on October 7, 2002 at 4:00 p.m., in Council Chambers.
A representative of JARS, LLC wishes to attend and testify at the
hearinq, in addition to this letter re~ponso.
JAKS, LLC owns a total of 11 contiguous, cleared lots,
comprising approx1mately 9 acres, bounded on the south by
,
Interstate Freeway 10, on the east by Tippecanoe, and on the
north ~y Rosewood Drive. Solely for purposes of convenient
reference, we are including a "Vicinity Diagr.. for the JARS LLC
Property" which was filed in court on behalf of Inland Valley
Development Agency. We do not adopt or verify all of the
statements in that IVDA Vicinity Diagram, but it does show the
relative locations of tho JARS PARCELS for,the limited purposes
of this letter concerning vacation of portions of Rosewood Drive
and Orchard Drive. It "hQWll that the large lot owned by JAJCS,
LLC (a portion of Lot 5, Block 72) is bordered on the south by
Freeway 10, and on the east by Tippecanoe; the west end of that
large lot abuts the southerly end of Orchard Drive. The existinq
Orchard Drive, which is proposed for vacation. provides the only
direct street access from the westerly end of that portion of Lot
S, Block 72.
Of the 11 contiguous lots owned by JARS, LLC. lot. 62, 63,
64, 65, and 66. and 75, 76, and 77 all abut the portion of
Rosewood Drive which is proposed for vacation.
From the drawing, Plan No. 10503, which was included with
the notice from the City, it appears that the portion ot Rosewood
Drive which abuts lot 60 and also intersects Tippecanoe Avenue,
is excluded from the proposed vacation; that ia, the portion of
Rosewood Drive abutted by lot 60 is not to be vacated in Plan No.
10503.
JAKS,LLC Partial Opposition to Street Vacation
Page 1 of 3
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/~~) -Per.... l~ I ,... t~- c.:::-
The proposed vacation of both Rosewood Drive and Orchard
Drive. plus restriction of street ace... from Tippecanoe, will
render the 9 acres of the JAKS parcels without reasonable and
adequate street access to the proposed, re-aligned Harriman
Place. It is unlawful, and bad public policy, to entirely
deprive a le901 parcel of effective street access.
This harsh and unlawful result is unnecessary. It can be
avoided with but minor adjustment to the propoSed street vacation
to preserve access to the re-aligned Harriman Place. We have
marked in color on Plan No. 10503 and on the Vicinity Diagram the
portions of Rosewood and Orchard which should be retained to
preserve street access.
Specifically, pre.ervation of Orchord Drive south trom its
intersection with Harriman Place will maintain access to the
westerly end of the large JARS parcel which borders Freeway 10.
Moreover, preservation of that portion of Rosewood Drive which
abuts lO~8 77 and 78 and alao abuts the proposed re-aligned
Harriman Place will preserve a route of access through lo~ 77 ~o
the remainder of the 11 contiguous JARS PARCELS. We have marked
these areas in color on a photo~opy of Plan No. 10503 and on the
ViCinity Diagram.
If you preserve these routes of street access from the JARS
PARCELS to the re-aligned Harriman Place (or preserve some
reasonable and practical variant of these routes), then JARS, LLC
will have no objection to vacation of the portion of Rosewood
Drivo which abuts Lots 62 through 76 as is diagramed in Plan No.
10503"-
We note that an eminent domain complaint is pending in the
Superior Court of San Bernardino County in which the Inland
Valley Development Agency is seeking to take the 11 contiguous
JAKS PARCELS a~ the behest of the Ci~y of San Bernardino.
However, JAKS, LLC is exercising its constitutional rights to
formally contest the government's claim of right to take.
We respectfully submit that it is premature, and
pres~tuOU8, ror tne City ot San Bernardino to pre-jUdge the
actions of the judge and jury in that Superior Court Action by
vacating streets which abut the JAKS PARCELS as thouqh the court
has already entered an eminent domain jud~nt ~nd a government
Agency owns the property -- when trial has not even occurred.
If, as we believe, the claim of rtqht to take by eminent
domain is fatally flawed, then the proposed premature vacation of
Rosewood Drive and Orchard Drive, of the full scope proposed in
Plan 10503, will unlawfully deprive the JAKS PARCELS of .~~.otiyw
aDd ~0D&b~. street access. That, in turn, will cause
substantial damages to JARS, LtC.
JAKS, LtC does not, in general, oppose the proposed re-
alignment of Harriman Place. Neither doe. JAKS, LLC Oppose most
of the proposed vacation of Rosewood Drive. JAKS, LLC simply
wishes to preserve rea~onabl. routes of aCCeS8 from the JAKS
JARS,LLC Partial Opposition to Street Vacation
Page 2 of 3
E>Cl-L\~ n ~
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~lGA."'--2-C>l'- .,-
PARCELS to the re-aligned Harriman Place.
JAKS, LLC is willing, within re~.on, ~o cooperate with the
proposed street re-aliqnment and certainly will consider other
reasonable means of ~coess. It .18 plain that relatively minor
adjustments of the currently-proposed street vacation will
preserve lawfully-required street acoess to the JAKS PARCELS in
the event that eminent domain fails, as JAKS, LLC contends that
it should fail.
please be aware that before the eminent domain action was
filed against JAKS, LLC, the 11 contiguous JAKS PARCELS 'already
had been assembled and unifisd into a larqe parael of
approximately 9 acres under the ownership of JAKS, LLC and all
structQres had been cleared from the JAK5 P~CELS. Thi8 rendered
the JAKS PARCELS fully develo~ent-ready, and had completely
eliminated any blight Which might once have existed on the JAKS
PARCELS more than a decade ago. JAKe, LLC does not oppose
renewal in the area, but rather has actively been trying to
achieve such renewal on itspwn land.
JAKS, LLC now ls, ang"~a8 always been, willing to work with
the City on these oissuessuch tbat r.d8v81opmen~ i. unnecel!ll!lary.
JARS, LLC simply wishes to complete development of its own
assembled, cleared, 9 acres of land, and not have its
development-ready land taken by eminent domain for the purpose of
immediately turning the JAKS P~CELS over to another private
developer.
Where, as here, blight already has been eliminated on the 9
acres of JAKS P~CELS, by private effort without redevelopment
and without public financinq, the City should not be in the
business of selecting which private developer completes
development and then financing with millions of dollars of scarce
public funds the acquisition of non-blighted, development-readY
land for a private developer.
~
Lowell R. ~~uemgy~,
Attorney to JAKS, LLC
cc:
Eileen Gomez, Real Property Specialist
Dept. of Development Services
City of San Bernardino
City Hall,
300 N. "0" Street
San Bernardino, CA 92418
JAKS,LLC Partial Opposition to Street Vacation
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EXHIBIT "c"
Real property in the City of San Bernardino, County of San Bernardino,
State of California, described as follows:
PARCEL NO. I:
LOTS 60, 62, 63, 64, 65, 66, 75, 76 AND 77, TRACT NO. 2743, LOMA
LINDA GARDENS, IN THE CITY OF SAN BERNARDINO, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 38 OF MAPS, PAGE 47, RECORDS OF SAID
COUNTY.
EXCEPTING THAT PORTION OF LOT 60 DEEDED TO THE STATE
OF CALIFORNIA FOR HIGHWAY PURPOSES BY DEED
RECORDED SEPTEMBER 13, 1960, IN BOOK 5233, PAGE 342,
OFFICIAL RECORDS.
[APN: 0281-083-18; 0281-083-17; 0281-083-16; 0281-083-15; 0281-083-
14; 0281-083-13; 0281-083-04; 0281-083-03; 0281-083-02]
PARCEL NO.2:
THAT PORTION OF LOT 5, BLOCK 72, RANCHO SAN
BERNARDINO, IN THE CITY OF SAN BERNARDINO COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID
COUNTY; AND A PORTION OF LOT 61, TRACT NO. 2743, IN THE
CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 38
OF MAPS, PAGE 47, RECORDS OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING ON THE WEST LINE OF SAID LOT 5, AT THE
SOUTHWEST CORNER OF SAID TRACT NO. 2743; THENCE
EASTERLY ALONG THE SOUTH LINE OF SAID TRACT NO. 2743,
A DISTANCE OF 1134.25 FEET TO THE SOUTHWEST CORNER OF
SAID LOT 61; THENCE NORTHERLY ALONG THE WEST LINE OF
SAID LOT 61, A DISTANCE OF 65 FEET TO THE NORTHWEST
CORNER OF SAID LOT 61; THENCE EASTERLY ALONG THE
NORTH LINE OF SAID LOT 61, A DISTANCE OF 146.94 FEET TO
THE WEST LINE OF THE EAST 14.00 FEET OF SAID LOT 61;
THENCE ALONG SAID WEST LINE (COURSE "E") SOUTH 0 DEG.
36' 12" EAST, 44.99 FEET; THENCE (COURSE "F") SOUTH 02 DEG.
49' 44" WEST, 72.79 FEET; THENCE (COURSE "G")
SOUTHWESTERLY ALONG A TANGENT CURVE CONCAVE
NORTHWESTERLY WITH A RADIUS OF 50 FEET, THROUGH AN
ANGLE OF 73 DEG. 00' 59", A DISTANCE OF 63.72 FEET; THENCE
(COURSE "H") SOUTH 75' DEG. 50' 43" WEST, 963.86 FEET;
THENCE (COURSE "I") SOUTH 78 DEG. 57' 07" WEST, 306.92 FEET
TO SAID WEST LINE OF SAID LOT 5; THENCE NORTHERLY
ALONG SAID WEST LINE 387.19 FEET TO THE POINT OF
BEGINNING.
[APN: 0281-083-20 AND 0281-091-39]
H86 P 02/02 H22
Oct-28-02 11:37 From-
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 10-'2.\-0'2... Item #
Vote: Ayes \ I 2>-0 Nays <':5
Change to motion to amend original documents:
2-D Resolution #
Abstain G-
ZC02.- - 3-4 ~
Absent ?-.
Reso. # On Attachments: L Contract term: -
Note on Resolution of Attachment stored separately: _
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: '(:) c Z- '2,- 0 7
Date of Mayor's Signature: lO-'2-z. -<:> ~
Date of ClerklCDC Signature: \ () - '2-2 -() ..:L-
Date
etter Sent for Signature:
See Attached:
See Attached:
60 Day Reminder Letter Sent on
90 Day Reminder Letter Sent on 45th day:
See
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):
Copies Distributed to:
City Attorney ~ Code Compliance
NullN oid After:
By: ElU~ GO()1t-Z--
Reso. Log Updated:
Seal Impressed:
,./
"../'
Date Returned: -
YesL No By
Yes No-L By
Yes No + By
Yes No 7 By
Yes No B
Dev. Services L EDA
Others:
Parks & Rec.
Police
Public Services
Water
Notes:
Finance
MIS
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: ~
Date: I () - .J.5 -0 :J-
Revised 01/12/01