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HomeMy WebLinkAbout17-Parks and Recreation CIT'()oF SAN BERNARDltO - REQUEO' FOR COUNCI From: ANN IE F. RAMOS. DIRECTOR Subject: RESOLUTION APPROVING AMENDMENT NO. 4 TO SECCOMBE LAKE SURA OPERATING Dept: PARKS. RECREATION AND COMMUNITY SERVICES AGREEMENT Date: OCTOBER 7. 1986 Synopsis of Previous Council action: October 7, 1985 - Approved proposal for negotiating a new operating agreement for Seccombe Lake SURA and authorized the Parks, Recreation and Community Services Department to forward a letter relative to the proposal to the State Parks and Recreation Department. July 7. 1986 _ Referred Draft Amendment #4 to Seccombe Lake SURA operatin9 agreement to the Seccombe Lake Committee comprised of Council members Estrada, Quiel and Strickler for review and report back to full council on July 21. 1986. July 21. 1986 _ Councilman Quiel gave the report of the Seccombe Lake Committee review to the full council. The report was received and filed. Recommen(jed motion: Adopt the resolution. r:- ~-) ~,:. ~. ~;'H~ Signature Contact person: Annie F. Ramos Phone: 383-5030 Supporting data attached: Staff Report and Amendment No.4 Ward: 1 FUNDING REQUIREMENTS: Amount: _ Source: Finance: Council Notes: 75-0262 Agenda Item No. ,/7~ - - tl. CI'IC OF SAN BERNARDIC>> - REQUIIC)T FOR COUNCIL ACOoN STAFF REPORT Amendment No.4 to the Seccombe Lake SURA Operating Agreement essentially represents a new operating agreement between the City and State. Amendment No.4 incorporates all the items negotiated with the State by the City and coincides with the legislation that was signed by the Governor. It also includes all changes requested by this Department during final draft of the Amendment. No changes have occured since the final draft was reviewed by the Seccombe Lake Committee. It is the Department's recommendation that Amendment No.4 be approved and the resolution adopted. Immediately after all documents are signed the documents will be forwarded to State for their action with copies to be re- turned to the City for implementation. 75-0264 () o o o ] RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF. AMENDMENT NO. 4 TO THE OPERATING AGREEMENT WITH THE 3 STATE OF CALIFORNIA FOR THE SECCOMBE LAKE STATE URBAN RECREATION AREA. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City 8 Amendment No. 4 to the Operating Agreement with the State of 9 California for the Seccombe Lake State Urban Recreation Area, a 10 copy of which is attached hereto, marked Exhibit MAM and 11 incorporated herein by reference as fully as though set forth at 12 length. 13 I HEREBY CERTIFY that the foregoing resolution was duly 14 adopted by the Mayor and Common Council of the City of San 15 Bernardino at a meeting thereof, held on 16 the day of , 1986, by the following vote, 17 to wit: 18 19 AYES: Council Members 20 NAYS: 21 ABSENT: 22 23 24 City Clerk The foregoing resolution is hereby approved this day 25 of , 1986. 26 Approved as to form: 27 28 ~~d/~ Mayor of the City of San Bernardi.no . 0 1 2 3 4 5 6 7 8 9 10 , Q o o o SECCOMBE LAKE STATE URBAN RECREATION AREA OPERATING AGREEMENT Amendment No. ~. THIS AGREEMENT, made and entered into this day of , hy and between the STATE OF CALIFORNIA, acting through the Department 11 of Parks and Recreation, hereinafter referred to as "STATE", and the City of 12 San Bernardino, hereinafter referred to as "LOCAL AGENCY". 13 14 REC ITALS : 15 16 1. The STATE and LOCAL GOVERNMENT entered into an Agreement on 17 September 30, 19B?, amended February 10, 19B3, June 16, 1983, and 18 September 20, 19113, to establish a procedure for the operation and maintenance 19 of the Seccombe Lake State Urban Recreation Area. 20 21 ? Changes in legislation, terms and conditions, and the requirements 22 of each agency have caused the parti es to desi re a general rewrite of the 23 Agreement. 24 25 NOW, THEREFORE, it is hereby agreed that the Operating Agreement and 26 three amendments are amended as a whole to read as follows: 27 COURT PAPER STATE QF CAl"lFORl'/lA STD \-13 IHEV 0.12-. f.l<,).1l{l9 . o COURT PAPER ST"'TE OF' C...L'''ORNI^ STO 113 ,REV 8.12' R',:\4lt\9 1 2 o o o WIT N E SSE T H: ---------- 3 WHEREAS, pursuant to the provisions of Sections 5080.30 et Sl''l. of 8 4 5 the Public Resources Code of the State of California, STATE may enter into contracts with any city of the State of California fo~ the care, maintenance, 9 11 Exhibit II All by 12 provided; and 13 14 NOW, 15 conta i nerl, the 16 17 1. 6 and control, for the purposes of the State Park System, of lands under the 7 jurisrliction of STATE; and WHEREAS, STATE and LOC AL AGENCY des ire to enter into an Agreement to 10 provirle for the care, maintenance, and control of said property described in 18 19 20 21 22 23 24 25 26 27 LOCAL AGENCY on a cost sharing basis with STATE, as hereinafter THEREFORE, in consideration of the mutual covenants herein parties hereto do hereby covenant and agree as follows: (a) LOCAL AGENCY shall be responsible for the protection, care, maintenance, operation, and control of the real property hereinafter described in Exhibit "A" attached, which exhihit is incorporated herein by reference (hereinafter sometimes referred to as "said property"), for the purposes of a State Urban Recreation Area in the State Park System. STATE's and LOCAL AGENCY's obligation under this Agreement shall not commence earlier than the date first above appearing, and unless sooner terminated as provided in this Agreement, and shall thereafter continue until June 30, 1991. -2- Jill II .L - () 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 cou RT PAPER STATE 0' CA1..IFOllHIA STD \ 13 IRE...._ 0.72, 8534769 o o o (b) During the period specified in Subparagraph (a) above (said peri od), LOCAL AGENCY shall pay a 11 costs of 1 aw enforcement relating to protecting, caring for, maintaining, controlling, and operating said property for said purposes including during times when property is closed to the public, and STATE shall not, during said period, be liable for the cost of said law en forcement re 1 at i ng to sa i d ca re, protec ti on, ma i ntena nce , control, or operation. (c) During said period, LOCAL AGENCY shall also pay that portion of all costs (excluding cost of providing law enforcement as provided in Subparagraph (b) above) of protecting, maintaining, controlling, and operating said property for said purposes in an amount equal to all expenses incurred by LOCAL AGENCY in the operation of said property under LOCAL AGENCY ownership as of June 30, 1981. Said costs have been established using the base fiscal year July 1, 1980 through June 30, 1981 and adjusted annually thereafter for annual changes in the California Price Index. Said costs during fiscal year 1980/B1 for said property under local jurisdiction have been established at $57,950. (d) During said period, STATE shall, on a pro-rata basis, reimburse LOCAL AGENCY all costs necessarily incurred by LOCAL AGENCY for protecting, maintaining, controlling, and operating said property for said purposes after deducting from said costs the costs contempl a ted to be pa i d by LOCAL AGENCY by Subparagraphs (b) and (c) above in this Paragraph 1, provided - 3- 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 (e) 16 17 18 19 20 21 22 23 24 25 26 27 COURT PAPER ST"TE 01' CALII'ORNIA STD. 113 (REV. 6.7ZI as 34769 IL ..a 1& - o o o that cost to be reimbursed shall be only to the extent such costs are incurred in accordance with the approved budget referred to in Subparagraph (e) below and only to the extent STATE funds are specifically appropriated for such re imbu rsement. Duri ng sa i d peri od, the STATE's 1 i abil ity for costs and reimbursements set Ollt in th is Agreement wi 11 decrease ten (10) percent per year. The first ten (10) percent decrease will begin July 1, 19B6 through June 30, 19B? At the termination of this Agreement, the remaining fifty (50) percent would be dropped and the total liability for operation and ma intenance of the park will be assumed by LOCAL AGENCY. Such reimbursement shall be made within forty-five (45) days after written invoice therefor has been received by STATE. Annually during the first four (4) years of said period, on or before July 1 of each year, LOCAL AGENCY shall submit to STATE for approval a proposed budget (in a form and detail acceptable to STATE) for the estimated costs for protecting, maintaining, controlling, and operating said property during the fiscal year (July 1 through June 30) beginning the next July 1 after such suhmitted date. After approval of such annual budget by STATE and the State Department of Finance, LOCAL AGENCY shall not increase or decrease any item of such budget for said fiscal year or otherwise incur any costs in connection with said property in any amoul't not provided for in said approved budget without the advance written approval of the State Director of Parks and Recreation and the State Department of Finance, to -4- 111 - - - o o o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COURT PAPER STATE or CALIFORNIA STD 113 (RF.V. 6.721 U!iJ4J69 the extent the costs thereof are to be reimbursed by STATE under this Agreement. (1) Annually during the first four (4) years of said period on or before July 1 of each year, LOCAL AGENCY shall al so submit to STATE an operations and mainte1ance plan for said property including a facilities maintenance schedule for any facilities or deve 1 opment located thereon in a form accepta bl e to STATE for STATE approval. Said plan shall be compatible with the General Plan for said property approved by STATE and the budget submitted by LOCAL AGENCY for approval. (g) All personal property, including furniture, furnishings, supplies, automotive and office equipment, and the like, acquired or to be acquired by LOCAL AGENCY the cost of which, in whole or in part, is to be reimbursed or is reimbursable by STATE under this Agreement, shall be deemed owned by LOCAL AGENCY. (h) In connection with any development proposed by STATE or LOCAL AGENCY to be made on said property, LOCAL AGENCY may and STATE may require LOCAL AGENCY to submit for STATE approval (1) a written estimate of increases or decreases in costs included with the approved or the proposed budget for said property, and (2) written amendments to the proposed operation and management plan both of which would be required by reason of such development. -5- .Hi:> ml h _ .lh o o o (i) For purposes of this Agreement, "law enforcement" includes but is not 1 imited to: (1) Law enforcement services provided by City Police or other security personnel; (2) Enforcement of the applicable provisions of the Vehicle Code, the penal laws of this state and the United States, and the rules and regulations for said park unit; (3) Salaries, wages, health and retirement benefits, Workers' Compensation, vacation and sick leave, and other benefits for employees en gaged in or rel ated to 1 aw enforcement; (4) Training of law enforcement personnel; (5) Uniforms and equipment, including safety equipment, for 1 aw en forcement; (6) The defense against any liability, claims, demands, damages, costs, expenses, and liability costs arising out of law enforcement ac ti v iti es on or in connec ti on with said property, and the. payment of any judgment arising from any t hereo f; (7) Law enforcement patrol and investigative operations and functions and associated support effort from initial -6- C> o o o 1 2 patrol response through arrest and prosecution of offenders; or 3 4 (8) Any matter incidental to or arising out of anyone or more 5 of the foregoing items or out of law enforcement, whether 6 or not similar or dissimilar to any of the foregoing items 7 listed in this paragraph. 8 9 ? Whil e this Agreement is in force and effect, said property shall, at 10 all times, be accessible and subject to the use and enjoyment of all citizens 11 of the State of California, and all other persons entitled to use and enjoy 12 the sam~, subject, however, in the manner of such use and enjoyment, to the 13 contro 1 0 f LOCAL AGENCY in con formi ty wi th thi s Agreement. LOCAL AGENCY may 14 adopt rules and regulations for the use and enjoyment of said property. Any 15 such rules and regulations adopted by LOCAL AGENCY shall conform to and be 16 compatible witl1 the rules and regulations adopted by STATE and generally 17 applicable to the State Park System, including said property. Said property 18 sl1all not be userl for any other purpose than the purposes herein enumerated or 19 expressed in tile Genera 1 Pl an. 20 21 1. Subject to prior approval in writing by STATE, LOCAL AGENCY may 22 grant concessions in or upon said property compatible with the use by the 23 general public thereof for park and recreational purposes.. The rights of the 24 public to the IJse and enjoyment of said property shall thereupon be limited by 25 such concession agreements. All such concessions shall be granted in 26 suhstantial compliance with Public Resources Code Sections 5080.20, 5080.33, 27 and 50BO.34, and subject to the terms of this Agreement. COURT PAPER STATE 01" CALlI"ORH1" STD. 113 IREV, 8.721 B534769 -7- o o o o 1 4. LOCAL AGENCY shall establish a schedule for charges, fees, or 2 collections to be made by LOCAL AGENCY for services, henefits, or 3 acconmodations to the general public at a level approved by STATE but limited 4 to actual needs for mai ntenance and operation of said property excluding cost 5 to be paid by LOCAL AGENCY under Paragraph l(b) and (c) above, and that 6 conmercialization for profit shall not be engaged in by LOCAL AGENCY. 7 8 5. All revenues (including all such charges, fees, and collections) 9 received and all expenditures made by the LOCAL AGENCY in relation to 10 concessions, special services, services, benefits, or acconmodations to the 11 general public, and in relation to all other matters incident to the 12 development, protection, care, maintenance, control, and operation of said 13 property shall be retained by LOCAL AGENCY for the operation and mai ntenance 14 of said park. 15 16 fi. Either party may, by its own forces or by contract, undertake 17 projects for the development, construction, or improvement to said property. 18 Pl ans and spec ifi cat ions for any such proj ec t s ha 11 be submitted to the other 19 party for approval, together with estimates on the effect of s~ch project on 20 reimbursabl e costs under Paragraph 1 above, on income and fees under 21 Paragraphs 4 and 5 above, or on the operations and mai ntenance plan referred 22 to in Paragraph 1(f) above. No such project shall be conmenced by either 23 party's own forces or contracts awarded prior to other party's approval of 24 such plans and specifications. Either party has the right to disapprove such 25 plans, specifications, and estimate". Such development, construction, or 26 improvement shall be in accordance with the General Plan. Such plan shall 27 specifically evaluate and define the manner in which the unit is proposed to COURT PAPER STATE 01" CAI..IFOI'INI" STO '13 IREV, 6.72' %- 3~769 -8- 1 () o o o 1 he operated and shall be subject to review for the determination required by 2 Public Resources Code Section 50BO.31. 3 4 LOCAL AGENCY is the lead agency for purposes of developing and 5 completing the General Plan for said work. Such plan and any subsequent 6 amendment thereof desired by LOCAL AGENCY shall be subject to, and submitted 7 for, prior approval in writing by State Director of Parks and Recreation. 8 9 7. Improvements erected on said property by the LOCAL AGENCY or STATE 10 shall, upon completion, become a part of the realty and title to said 11 improvements shall vest in STATE during the term of this Agreement. 12 13 8. Neither party shall during the term of this Agreement, without prior 14 written approval of other party, remove, move, demolish, or alter in any 15 manner, any improvements, natural features, or accretions existing on said 16 property on the effective date of this Agreement or subsequently occurring. 17 18 9. If said property or portion thereof is taken by proceedings in 19 eminent domain, STATE shall receive the entire award for such taking except 20 that LOCAL AGENCY shall receive out of said award the fair market value of any 21 improvement then exi sti ng and constructed by LOCAL AGENCY (other than 22 improvement the cost of which LOCAL AGENCY has been paid or reimbursed by 23 STATE) on said property as said fair market value may be determined by said 24 proceedings taking into consideration the terms of this instrument. 25 26 10. LOCAL AGENCY hereby waives all liability claims and recourse against 27 STATE including the right to contribution for loss of damage to persons or COURT PAPER STATe 0.. C:AL.'''ORNIA STO. ,,3 lREV, 8.721 6534769 -9- 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 COURT PAPER STATE 0.. CALIFORNIA STD_ 113 (REV. 8.72. 8534169 o o o property arising from, growing out of, or in any way connected with or incident to this agreement except liability claims arising from the concurrent or sole negligence of STATE, its officers, agents, and employees. STATE, to the extent it may legally do so and subject to the availability of funds, shall indemnify, hold harmless, and defend LOCAL AGENCY, its officers, agents, and employees against any and all liability claims, demands, damages, costs, expenses, or costs arising out of the negligent acts or omissions by STATE in respect to said property described herein which liability claims, demands, or causes of action arise under Government Code Section B95.2 or otherwise except for liability arising out of the concu rrent or so 1 e negl i gence 0 f LOC AL AGENCY, its 0 ffi cers, agents, or employees. In the event LOCAL AGENCY is named as co-defendant in a legal action under the provisions of the Government Code Sections 895 et seq.. and STATE is served with process in such legal action, then STATE shall notify LOCAL AGENCY 18 . of such fact and if such action relates only to negligent acts or omissions, 19 in respect to said property by STATE, then STATE shall, to the extent it may legally do so and subject to availability of funds, represent LOCAL AGENCY in 20 21 such legal action unless LOCAL AGENCY undertakes to represent itself as 22 23 co-defennant in such legal action in which event LOCAL AGENCY shall bear its own litigation costs, expenses, and attorney's fees. 24 25 LOCAL AGENCY, to the extent it may legally do so and subject to 26 availability of funds, shall indemnify, hold harmless, and defend STATE, its 27 officers, agents, and employees against any and all liability claims, demands, -10- o o o o 1 damages, costs, expenses, or liability costs arising out of the acquisition, 2 development, construction, operation, or mai ntenance of the property described 3 herein which claims, demands, or causes of action arise under Government Code 4 Section B95.2 or otherwise except for liability arising out of the concurrent 5 or sole negligence of STATE, its officers, agents, or employees. 6 7 In the event STATE is named as co-defendant in a legal action, under 8 the provisions of the Government Code Sections 895 et seq., and LOCAL AGENCY 9 is served with process in such legal action, then LOCAL AGENCY shall notify 10 STATE of such fact and if such action relates to other than negligent acts or 11 omissions, in respect to said property by STATE, LOCAL AGENCY shall represent 12 STATE in such legal action unless STATE undertakes to represent itself as 13 co-defendant in such legal action in which event STATE shall bear its own 14 litigation costs, expenses, and attorney's fees. 15 16 In the event judgment is entered against STATE and LOCAL AGENCY 17 because of the concurrent negligence of STATE and LOCAL AGENCY, their 18 officers, agents, or employees, an apportionment of liability to pay such 19 judgment shall be made by a court of competent jurisdiction. Neither party 20 s ha 11 request a jury a pporti onment. 21 22 11. This Agreement shall not, nor shall any interest therein or 23 thereunder, be assigned, mortgaged, hypothecated, or transferred either by 24 LOCAL AGENCY or by operation of law, nor shall LOCAL AGENCY let or sublet, or 25 grant any licenses or permits with respect to the use and occupancy of said 26 property or any portion thereof, without the written consent of STATE first 27 had and obtained. COURT PAPER STATE 01" C....L.I'"ORNIA STD_ 113 (REV, A.721 B~l 34769 -11- , o o o o 1 1~. The STATE, to the extent it may legally do so, (1) shall not assign, 2 mortgage, hypothecate, or transfer this Agreement, and (2) shall not let or 3 sublet, or grant any licenses or permits with respect to the use and occupancy 4 of said property or any portion thereof, without the written consent of LOCAL 5 AGENCY first had and obtained. 6 7 13. Notices desired or required to be given hereunder or under any law 8 now or hereafter in effect may, at the option of the party giving same, be 9 given by enclosing the same in a sealed envelope addressed to the party for 10 whom intended and by depositing said envelope, with postage prepaid, certified 11 with return receipt requested, in the United States Post Office or any 12 suhstation thereof. 13 14 In the event such notice is being given to LOCAL AGENCY, such notice 15 and the envelope containing the same shall be addressed to the City of San 16 Bernardino, Department of Parks, Recreation, and Community Services, 17 300 North "D" Street, City Hall, San Bernardino, California 92418, or such 18 dther pI ace as may herea fter be des i gnated in wr i ti ng by or on beha 1f of LOCAL 19 AGENCY; and in the event that said notice is being sent to STATE, said notice 20 and the envelope containing the same shall be addressed to the Department of 21 Parks and Recreation, Post Office Box 2390, Sacramento, California 95B11. 22 23 14. The attached Standard Form 17A is incorporated herein and the 24 reference therein to contractor shall mean LOCAL AGENCY. 25 26 IS. Discrimination against any person because of race, color, religion, 27 sex, marital status, national origin, or ancestry of that person is expressly COURT PAPER STATE OF CAl.lrOIllNIA STD. 113 tREV, 6."/21 proh i hi ted . 8534769 -12- , o ..i o o o 1 16. The STATE, upon.termination of this Agreement, shall transfer in 2 fee, together with all improvements, said property described in Exhibit "A" to 3 LOCAL AGENCY. Inmediately upon transfer, all costs for operation and 4 management of the park will be assumed by LOCAL AGENCY. 5 6 IN WITNESS WHEREOF, the parties have executed this instrument. 7 8 STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION WM. S. BRINER, DIRECTOR By Date o o o o 1 2 EXHIBIT "A" 3 pARCEL 1 4 Lots S through 111, i ncl usi ve, of TRACT NO. 2030, FIFTH STREET PLACE 5 SUBDIVISION, in the County of San Bernardino, State of California, as per plat recorded in Book 29 of Maps, Page 49, records of said County. 6 7 PARCEL? 8 Lots 1 through 12, inclusive, of FIFTH STREET PLACE, UNIT NO.2, TRACT NO. 2?75, in the City of San Bernardino, County of San Bernardino, State of 9 California, as per plat recorded in Book 32 of Maps, Page 67, records of said County. 10 11 PARCEL 3 12 Lots 1, 2, 3, 4, 7, B, and the East 209.98 feet of Lot 9 in Block 4 of the Five Acres Survey of the RANCHO SAN BERNARDINO, County of San Bernardino, 13 State of California, as per plat recorded in Book 7 of Maps, Page 2, records of said County, according to the Map of the Survey of said Rancho on record in 14 the County Recorder's Offi ce of sa i d County. 15 PARCEL 4 16 A portion of Lot 6, Block 4, RANCHO SAN BERNARDINO, in the County of San 17 Bernardino, State of California, as per plat recorded in Book 7 of Maps, Page 2, records of said County, described as follows: 18 BEGINNING at a point in the East line of said Lot 6, Block 4, of said Rancho 19 San Bernardino, said point being in the West line of Waterman Avenue and being 391.33 feet North of the Southeast corner of said Lot 6, Block 4, of said 20 Rancho San Bernardino; thence Northerly along the West line of Waterman Avenue 212.50 feet to the South right-of-way line of the Pacific Electric Railway 21 Company; thence Westerly along the South line of the right of way of the Pac ifi c El ectri c Ra i1 way Company, 351 feet, more or 1 ess, to a poi nt 350 feet 22 West of the West 1 ine of Waterman Avenue to the True Point of Beginning; thence continuing Westerly along the South line of the right of way of the 23 Pac ifi c El ectri c Ra il way Company 50 feet, more or 1 ess, to a poi nt 400 feet West of the West line of Waterman Avenue; thence Southerly and parallel with 24 the West line of Waterman Avenue, 228.67 feet, more or less, to a point 391.33 feet North of the South line of saic Lot 6, Block 4, of said Rancho San 25 Bernardino, said South line of said Lot 6, Block 4, of said Rancho San Bernardino being the North line of Fifth Street; thence Easterly and parallel 26 with the South line of said Lot 6, Block 4, of said Rancho San Bernardino, SO feet; thence Northerly and parallel with the West line of Waterman Avenue, 27 2?5 feet to the True Point of Beginning. COURT PAPER STATE 0.. C"LIP'ORNIA STD_ '13 IREV.B.721 8534769 -14- - o o o o 1 PARCEL 5 2 All that portion of Lot 6, Block 4, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California. as per plat 3 recorded in Book 7 of Maps, Page 2, records of said County, as described in that certain ri ght of way conveyed to the San Bernardi no J\rrowhead and 4 Waterman Rail road Co., on September 30, 1889, in Book 104, Page 170, of Deeds, said property heing more particularly described as follows: 5 A strip of land 25 feet in width, being a portion of Lots 5 and 6 in said 6 Block 4, descrihed as follows: 7 Commencing at the point of intersection of the centerline of location of said railroad with the East boundary line fence of said Lot 6, at a point known as 8 Station 1B+63; thence running North along said fence 12-5/10 feet; thence Westerly 12.5 feet from and parallel to said centerline of location, a 9 distance of 391-9/10 feet to the West boundary line fence of said Lot 5, in said Block; thence South along said fence 25 feet to a point 6 feet North of 10 the Southwest corner of said Lot 5; thence Easterly 12.5 feet from and parallel to said centerline of location, a distance of 391-9/10 feet to the 11 said East boundary line fence of said Lot 6; thence North 12-5/10 feet to the place of beginning. 12 EXCEPTING THEREFROM any portion which may be included within the following 13 descri bed property: 14 All that certain piece or parcel of land heing a portion of Lot 6, Block 4, Rancho San Bernardino, as per plat recorded in Book 7 of Maps, Page 2, records 15 of the County Recorder of San Bernardino County, and being more particularly des cri bed as follows, to-wit: 16 Beginning at a point in the East line of said Lot 6, Block 4, of said Rancho 17 San Bernardino, said poi nt being in the West line of Waterman Avenue and being 391.33 feet North of the Southeast corner of said Lot 6, Block 4, of said 18 Rancho San Bernardino; thence Northerly along the West line of Waterman Avenue 212.50 feet to the South right-of-way line of the Pacific Electric Railway 19 Company; thence Westerly along the South right-of-way line of the Pacific El ectric Railway Company; 401.25 feet, more or less, to a point 400 feet West 20 of the West line of Waterman Avenue; thence Southerly and parallel with the West line of Waterman Avenue, 228.67 feet, more or less, to a point 21 391.33 feet North of the South line of said Lot 6, Block 4, of said Rancho San Bernardino, said South line of said Lot 6, Block 4, of said Rancho Sari 22 Bernardino heing the North line of Fifth Street; thence Easterly and parallel with the South line of said Lot 6, Block 4, of said Rancho San Bernardino, 23 400 feet to the poi nt of begi nni ng. 24 ALSO EXCEPTING THEREFROM any portion which may be included within the following described property: 25 All that portion of Lot 6, Block 4, Rancho San Bernardino, as per plat 26 recorded in Book 7 of Maps, Page 2, records of said County, described as follows: 27 COURT PAPER STATE OF CALIP'OIHH'" STD. 113 CRE" 8_72) 853.176\1 -15- o COURT PAPER STATE 0.. CAI..'''OflNIA STD. 113 IREV. 9.7;!:1 8534769 o o o 1 PARCEL S (cont i nued ) 2 BEGINNING at the Northwest corner of said Lot 6, Block 4, of said Rancho San Bernardino; thence Southerly along the East line of said Lot 6 to the 3 Northerly right-of-way line of the Pacific Electric Railway Company; thence ~esterly along said Northerly right-of-way line of the Pacific Electric 4 Railway Company to the North line of said Lot 6, Block 4, of said Rancho San Bernardino; thence Easterly along said North line of said Lot 6, Block 4, of 5 said Rancho San Bernardino to the point of beginning. 6 Said parcel of land being further described as all that portion of Lot 6, Block 4, of said Rancho San Bernardino lying North of the Northerly ri ght-of-way 1 i ne of t he Pac ifi c El ectri c Ra il way Company. 7 8 ALSO EXCEPTING THEREFROM all that portion lying within Lot 5 of said Block 4. 9 PARCEL 6 10 All that portion of Lot 5, Block 4, Rancho San Bernardino, in the City of San Bernardi no, County 0 f San Bernardi no, State of Ca 1 i forni a, as per pl at recorded in Book 7 of Maps, Page 2, records of said County, lying within that certain strip of land, 25 feet in width, as described in that certain grant of right of way to San Bernardino Arrowhead and Waterman Railway Co., by Deed recorded on September 30, 1889, in Book 104, Page 170, of Deeds. 11 12 13 14 EXCEPTING THEREFROM all that portion as described as all that portion of Lot 5, Block 4, Rancho San Bernardino, in the City of San Bernardino, County 15 of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, Page 2, records of said County, described as follows: 16 Beginning at a point on the Northerly line of said Block 4, a distance of 17 400 feet Westerly from the Northeast corner thereof, said Northeast corner being also on the intersection of the Westerly line of Waterman Avenue and the 18 ~outherly line of Seventh Street, as shown on the Map of said Tract; thence alon9 the Southerly line of said Seventh Street, North 890 29' 47" West 19 SB.S6 feet; thence South 00 18' 40" West 633.77 feet; thence SOllth 890 4S' 40" East 58.68 feet to a point which lies 20 North 890 4S' 40" West, a distance of 400 feet from the Easterly line of said Block 4; thence North 00 17' 59" East 633.50 feet to the point of beginning. 21 22 ALSO EXCEPTIN G THEREFROM that porti on 0 f Lots 5 and 6, of Block 4, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of 23 California, as per plat recorded in Book 7 of Maps, Page 2, records of said County, described as follows: 24 COMMENCE at the intersection of the East line of said Lot 6, with the 25 Northerly right of way line of the Pacific Electric Railwqy Company; thence North along the East line of said Lots 6 and 5, a distanc~ of 641 feet to the 26 Northeast corner of said Lot 5; thence West along the North line of said Lot 5, a distance of 400 feet; thence South parallel with the East line of 27 said Lot 5, to a point on said Northerly right of way line of the Pacific Electric Railway Company; thence Easterly along the Northerly right of way line to the point of beginning. -16- o o o o 1 PARCEL 7 2 All that portion of Lot 5, Block 4, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat 3 recorded in Book 7 of Maps, Page 2, records of said County, described as fo 11 ows: 4 Beginning at a point on the Northerly line of said Block 4, a distance of 5 400 feet Westerly from the Northeast corner thereof, said Northeast corner being also on the intersection of the Westerly line of Waterman Avenue and the 6 Southerly line of Seventh Street, as shown on the Map of said Tract; thence along tbe Southerly line of said Seventh Street, North 890 29' 47" West 7 58.56 feet; thence South 00 18' 40" West 633.77 feet; thence South 890 45' 40" East 58.fi8 feet to a point which lies 8 North 890 45' 40" West, a distance of 400 feet from the Easterly line of said Block 4; thence North 00 17' 59" East 633.50 feet to the point of 9 beginning. 10 PARCEL 8 11 Lugo Avenue 60.00 feet wi de as del i neated on the Map of Tract 2030, in the 12 County of San Bernardino, State of California, as per plat recorded in Book 29 of Maps, Page 49, records of said County, lying between the South line of 13 Sixth Street and the North line of Fifth Street. 14 15 PARCEL 9 Lot A also known as Dillon Alley as delineated on the Map of Tract 2030, in 16 the County of San Bernardino, State of California, as per plat recorded in Book ?9 of Maps, Page 49, records of said County, lying between the South line 17 of Sixth Street and the North line of Fifth Street. 18 19 20 I-09?lQ 21 22 23 24 25 26 27 COURT PAPER STATE OF CIllLll"ORNIA STD 113 tREV. e.7Zl U~) 34769 -17-