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HomeMy WebLinkAbout22- Planning & Building Services V CITY OF SAN BERNAA _DINO - REQUEST FOB_ COUNCIL ACTION From: Al Boughey, Director Subject: Appeal of Planning Commission Action Upholding the Director's L Planning & Building Services Determination that 116-124 North "I" Street has Lost its Legal Date: September 6, 1995 Nonconforming Status MCC Date: September 18, 1995 Synopsis of Previous Council Action: None Recommended Motion: That the hearing be closed and that the appeal be denied, upholding the Director's Determination that the structures at 116-124 North "I" Street have lot their legal nonconforming status. U-iA . ug C ' person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report Ward: 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: l®/a/qs Agenda Item No._ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: APPEAL OF THE DIRECTOR'S DETERMINATION THAT 116-124 NORTH "I" STREET HAS LOST ITS LEGAL NON-CONFORMING STATUS Mayor and Common Council Meeting September 18, 1995 REQUEST/LOCATION: Mr. Wilfrid Lemann, an attorney representing Mr. H. R. Ronneburg, is appealing the Planning Commission action upholding the Director of Planning and Building Services' determination that the residential use and structures located at 116-124 North "I" Street are non-conforming. See Notice of Appeal, Exhibit 3. BACKGROUND: Non-conforming structures and uses are addressed in Development Code Chapter 19.62. Within this chapter, §19.62.020(7) addresses the process that must be followed in a Director determination that a structure has lost its legal non-conforming status. Specifically, this section states that use of a legal non-conforming structure shall be considered discontinued when any of the three following criteria apply: 1. The intent of the owner to discontinue use of the non-conforming structure is apparent, as determined by the Director. 2. Where characteristic furnishing and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and or use has been discontinued for a period of 6 or more consecutive calendar months. 3. Where there are no business receipts available for the 6 month period. Development Code §19.62.030 addresses non-conforming uses. Pursuant to §19.62.030(2) if a non-conforming use is discontinued for a period of 6 or more consecutive calendar months, the use shall lose its legal non-conforming status, and the continued use of the property shall be required to conform with the provisions of the Development Code. It is important to note here, that if a use has lost its legal non-conforming status for discontinuance of use for 6 months or more, the structure also loses its legal non-conforming status under item number 2 above. 0 0 Appeal of Director's Determination 116-124 North "I" Street Mayor and Common Council Meeting September 18, 1995 Page 2 KEY POINTS: There are several key points which have been identified as follows: • The structures at 116-124 North "I" Street are located in the IL, Industrial Light General Plan Land Use Designation. The structures at 116-124 N. "I" Street are apartments; 116 being a duplex, and 124 a quadriplex. Multi-family (apartment) residential uses and structures are not permitted uses within the IL, Industrial Light land use district. • The Director of Planning and Building Services made the determination that 116- 124 North "I" Street had lost its legal non-conforming status prior to Mr. Ronneburg's purchase of the property in December of 1994. This is evidenced by a letter to a Mr. Don Perryman, an architect representing a client with interest in the property, dated April 8, 1993 (Exhibit 2, Attachment B). The letter states that the property had lost its legal non-conforming status. This determination was made on the basis that the structures were vacant and boarded up, and had been in that state for a period longer than 6 months [criteria for loss of legal non- conforming status met pursuant to Development Code §19.62.020(7)(B) and §19.62.030(2)]. • Other parties interested in re-use of the structures had made inquiry to the Department and had been informed that the structures had lost their non- conforming status. Mr. James Roe inquired about re-use of the non-conforming apartment structures between September 12 and September 23, 1994. Mr. Roe was informed at that time of the vacant non-conforming status of the structures and of the fact that the structures could not be rehabilitated and re-used as apartments. • The lengthy vacancy is further demonstrated by the water use records, which reveal that there was no water use on the property between July 1993 and November 7, 1994 (Exhibit 2, Attachment Q. • The Planning and Building Services Department building permit files are public record. Had Mr. Ronneburg followed due diligence and reviewed the building permit files for 116 through 124 N. "I" Street prior to purchasing the property, he would have discovered the determination that the apartments had lost their legal non-conforming status. Appeal of Director's Determination 116-124 North "I" Street Mayor and Common Council Meeting September 18, 1995 Page 3 o Mr. Ronneburg contends that he relied upon a business license issued by the City Clerk's office as entitlement to rent the apartments. 1. Mr. Ronneburg does not have a business license, he has a business registration certificate. A business registration certificate is not a license to conduct business, and it does not constitute any form of land use entitlement. This is clearly stated on the business registration certificate obtained by Mr. Ronneburg in the upper left corner (See Exhibit 2, last page of Attachment A). i 2. All businesses in the City must obtain a Zoning Verification Review before a business registration certificate can be issued to avoid difficulties such as this. Mr. Ronneburg's business registration was issued by the City Clerk's Office without a Zoning Verification Review form. Had a Zoning Verification Review form been used, it would have been denied by Planning based upon the April 8, 1993 letter of determination of non- conforming status contained in the building permit file. o Mr. Ronneburg has not lost the use of his property. Mr. Ronneburg could convert the structures to accommodate a light industrial use consistent with the zoning and General Plan land use designation. Additionally Development Code §19.62.020(8) contains provisions for the re-use of nonconforming structures to accommodate uses permitted in the underlying land use district. OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL: The Mayor and Common Council may deny the appeal and uphold the Planning Director's Determination that the structures at 116-124 North "I" Street have lost their legal non-conforming status; OR The Mayor and Common Council may uphold the appeal and overturn the Planning Director's Determination and allow Mr. Ronneburg to re-use the structures as apartments. PLANNING COMMISSION ACTION: The Planning Commission denied Mr. Ronneburg's appeal and upheld the Director's Determination that the structures had lost their legal non- conforming status at the July 11, 1995 meeting. The Planning Commission vote was: Ayes - Affaitati, Brue, Gaffney, Stone and Thrasher; Nays - Gonzales; Abstention - none; Absent - Cole, Strimpel, and Traver. Appeal of Director's Determination 116-124 North "I" Street Mayor and Common Council Meeting September 18, 1995 Page 4 RECOMMENDATION: It is recommended that the Mayor and Common Council deny the appeal and uphold the Director's Determination that the structures at 116-124 North "I" Street have lost their legal non-conforming status. Prepared by: Michael R. Finn, Associate Planner for Al Boughey, Director of Planning and Building Services Exhibit 1 Location Map Exhibit 2 Planning Commission Staff Report Attachment A Letter of Appeal Attachment B April 8, 1993 Department Letter Deeming 116-124 N. "I" Street Non-conforming. Attachment C City Water Records for 116-124 N. "I" Street Exhibit 3 Notice of Appeal • • - � • - AGENDA ITEM # : 11 AM SANTA Ff RAILWAY - • I 1 mmirn Y X1111 1 i r •' t 11� EXHIBIT 2 CITY OF SAN BERNARDINO - MEMORANDUM TO: PLANNING COMMISSION FROM: MIKE HAYS, ASSISTANT DIRECTOR PLANNING AND BUILDING SERVICES SUBJECT: AGENDA ITEM#1: APPEAL OF DIRECTORS DETERMINATION THAT 116 THROUGH 124 NORTH "I" STREET IS NON-CONFORMING DATE: JUNE 20, 1995 AGENDA ITEM: #I REQUEST The appellant, H. R. Ronneburg is appealing the Director of Planning and Building Services determination that the residential use and structures located at 116 through 124 North "I" Street are non-conforming. See Attachment A, Letter of Appeal. DEVELOPMENT CODE Non-conforming structures and uses are addressed in Development Code Chapter 19.62. Within this chapter, §19.62.020(7) addresses the process that must be followed in a Director determination that a structure has lost its legal non-conforming status. Specifically, this section states that use of a legal non-conforming structure shall be considered discontinued when any of the three following criteria apply: 1. The intent of the owner to discontinue use of the non-conforming structure is apparent, as determined by the Director. 2. Where characteristic furnishing and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and or use has been discontinued for a period of 6 or more consecutive calendar months. 3. Where there are no business receipts available for the 6 month period. Several factors are used in determining whether any of the criteria are met. A structure would meet the first criteria if it was boarded and vacant, or if the utilities were disconnected. A Appeal of Directors Determination 116 through 114 N. "I" Street Agenda # 1 Hearing Date: 6-20-95 Page 2 structure would meet the second criteria if plumbing and/or heating fixtures were removed, or the structure was missing doors, windows, etc, and/or if the use had been discontinued for a period of more than 6 months. Finally the third criteria would be met if business receipts could not be produced. The business receipts would be receipts for rental income on the structure, or receipts demonstrating after tenant vacancy, that tenants were actively being sought (receipts for realty fees for property rental, receipts for advertisement, etc.). Development Code §19.62.030 addresses non-conforming uses. Pursuant to §19.62.030(2) if a non-conforming use is discontinued for a period of 6 or more consecutive calendar months, the use shall lose its legal non-conforming status, and the continued use of the property shall be required to conform with the provisions of the Development Code. Pursuant to Development Code §19.52.100, all appeals of a Director's determination must be filed within 15 days following the date of the Director's action for which an appeal is made. After that date, the Director's Determination becomes final. In order to make the structure once again conforming requires a change in the land use designation through a General Plan Amendment and/or by making revisions to the applicable zoning regulations through the Development Code Amendment process or conversion of the structure to accommodate a permitted use. BACKGROUND Multi-family residential uses and structures are not permitted uses within the IL, Industrial Light land use district pursuant to Development Code Section 19.08.020, Table 08.02, INDUSTRIAL DISTRICTS LIST OF PERMITTED USES. The structures at 116 through 124 N. "I" Street are apartments; 116 being a duplex, and 124 a quadriplex. Mr. Ronneburg is appealing the Director's determination that these apartments are non-conforming, and wishes to re-establish the use of the apartments. The Director's determination that 116-124 North "I" Street had lost its legal non-conforming status is evidenced in the Department's building permit file by a letter to a Mr. Don Perryman, an architect representing a client with interest in the property, dated April 8, 1993 (Attachment B). The letter clearly states that the property had lost its legal non-conforming status and that the non-conforming structures should be removed. This determination was made on the basis that the structures were vacant and boarded up, meeting the first criteria mentioned above. They had been in this state of vacancy in excess of 180 days, meeting the second condition. No appeal of this determination was filed. Mr. James Roe inquired about re-use of the non-conforming apartment structures between September 12 and September 23, 1994. Mr. Roe was informed at that time of the vacant non- 0 Appeal of Directors Determination 116 through 114 N. "I" Street Agenda # 1 Hearing Date: 6-20-95 Page 3 conforming status of the structures and of the fact that the structures could not be rehabilitated and re-used as apartments. The inquiry timeframes regarding the contacts with Mr. Roe were confirmed with him by staff in a telephone conversation on June 14, 1995. This demonstrates that the property had been vacant and boarded for more than a year and a half, significantly longer than the 180 days specified by Development Code §19.62.020(7)(B) and 19.62.020(2). It is important to note that these inquiries occurred prior to Mr. Ronneburg's purchase,of the property in December 1994. The continued vacancy is further demonstrated by the water use records for the property, which reveal that there was no been no water use on the property between July 1993 and November 7, 1994 (Attachment Q. Mr. Ronneburg purchased the property in December 1994. Mr. Ronneburg alleges that the City was contacted by letter by a Mr. Morton dated December 19, 1994 inquiring about the property and its re-use as apartments. All inquiries regarding land use are routed to the Planning Division when received, and are logged into the Planning Division Correspondence Log and assigned to a planner for response. Staff has thoroughly reviewed the Planning Division Correspondence Log and found no evidence of having received a letter from Mr. Morton. Having never received the letter, the City did not respond. Mr. Ronneburg or Mr. Morton not having received a response from the City could have followed up with either a phone call or by coming to the Planning Public Service Counter and inquired the status of the response. The Planning and Building Services Department building permit files are public record. If Mr. Ronneburg had followed due diligence he would have reviewed the building permit files for 116 through 124 N. "I" Street prior to purchasing the property. Had he done so, he would have seen the April 8, 1993 letter containing the Director's determination of non-conforming status, as Mr. Roe had in September of 1994. Mr. Ronneburg contends in his appeal that he relied upon a business license issued by the City Clerk's office as entitlement to rent the apartments. It should be noted that Mr. Ronneburg does not have a business license, he has a business registration certificate. The difference is that a business registration certificate is not a license to conduct business, and does not constitute any form of land use entitlement. Business registration certificates are a means for the City to assess and track City business taxes. Mr. Ronneburg's business registration was issued by the City Clerk's Office in error. All businesses in the City must obtain a Zoning Verification Review before a business registration certificate can be issued to avoid difficulties such as this. Mr. Ronneburg's business registration was issued by the City Clerk's Office without a Zoning Verification Review form, in violation of this requirement. Had a Zoning Verification Review form been used, it would have been denied by Planning based upon the April 8, 1993 letter of determination of non-conforming status contained in the building permit file. Again, possession Appeal of Directors Determination 116 through 114 N. "I" Street Agenda # 1 Hearing Date: 6-20-95 Page 4 of a business registration certificate does not constitute a land use entitlement, as indicated on the certificate itself (See last page Attachment A). CONCLUSION The City has established procedures and processes that must be followed in making the determination that a structure is non-conforming [Development Code Section 19.62.0200]. These procedures were properly followed in the case of 116 through 124 North "I" Street. The determination of non-conformance was made on April 8, 1993. The property had been vacant even longer than the 180 days resulting in the April 8, 1993 determination. This is evidenced by substantiated contact with Mr. Roe regarding his inquiry into the re-use of the structures in September of 1994 and City Water records. The question of whether Mr. Ronneburg pursued due diligence in purchasing the property is highlighted by the fact that opportunity existed prior to Mr. Ronneburg's purchase to review the building permit files, which are public record, his failure to follow up on the letter dated December 19, 1994 from Mr. Morton purportedly sent to the City to find out why it had not been responded to. All of these actions would have led to the discovery of the non-conforming status of the structures. It is unfortunate that the City Clerk issued a business registration certificate to Mr. Ronneburg in error, but a business registration certificate is not a business license and does not constitute a land use entitlement for Mr. Ronneburg. Mr. Ronneburg now has the option of filing the appropriate General Plan and/or Development Code amendment applications with the Department in an effort to make the structures at 116 through 124 N. "I" Street legal conforming, or convert the structures to accommodate a use allowed in the IL land use district. RECOMMENDATION Staff recommends the Planning Commission deny the appeal based upon the fact that the structures were previously determined to be non-conforming, have been vacant for more than two years. Appeal of Directors Determination 116 through 114 N. "I" Street Agenda # 1 Hearing Date: 6-20-95 Page 5 Respectfully Submitted, MICHAEL E. HA PS Assistant Dir for of Planning and Building Services MICHAEL R. FINN Associate Planner Attachments: A Letter of Appeal B April 8, 1993 Department Letter Deeming 116-124 N. "I" Street Non-conforming. C City Water Records for 116-124 N. "I" Street I I I ATTACHMENT A May 5 , 1995 Board of Building Commissioners City of San Bernardino Department of Planning and Building Services 300 North "D" Street San Bernardino, Ca 92418-0001 PROTEST AND OPPOSITION TO THE STOP WORK ORDERS DATED APRIL 28, 1995 REGARDING 115 NORTH "I" STREET AND 124 NORTH "I" STREET. OBJECTION TO ANY ADVERSE DETERMINATION AND THAT THE STOP WORK NOTICES WERE ISSUED Appellant is not in violation of San Bernardino Municipal Code. 15.04.020 and the items outlined in the City of San Bernardino stop-work notices outlined above as follows: 1. Painting,papering, carpeting and similar finish work are exempt from permit under the U.B.C. code sec. 301 (b) . The work stoppage occurred while carpet installation was proceeding. 2. Most Repair work is similarly exempt from permit with rare exceptions. 3. A Stop-Work Notice for Rehab of Residential units in a light industrial zone is not applicable as further elaborated below. 4. All work performed by appellant was either repair work or cosmetic in nature. None of which requires a permit. 5. Mere passage of time is not sufficient to constitute abandonment of property owners rights as a nonconforming user. ARGUMENTS AND SUPPORTING FACTS H. R. Ronneburg detrimentally relied on the information provided by the City as contained in Exhibit "A" ; Appellant further relied on the City license to rent the residential units (Exhibit "B" ) ; Appellant further relied on the fact that the application for City license to rent the units requires a check through Planning and Zoning; Appellant obtained a Title policy when purchasing the property and there was no indication on the Title policy that the property could no longer be used as rentals or that there were any proceedings against the property. Appellant argues that the City failed to record any document to put appellant on notice of the Cities now proposed course of action to avoid the harm to the appellant; Appellant is reasonably informed and believes that the City did not follow due process in it's actions against the property and is attempting to bring about a condemnation of the appellants property Appellant is reasonably informed and believes that all work RONNEBURG PROTEST AND OPPOSITION (page2) previously done was done under permit by the former owners. Said permit would toll the running of the 6 month vacancy period. Appellant is reasonably informed and believes that the property was foreclosed by Chrysler Mortgage Company and that was the only reason the property may have been vacant for the 6 month period. Appellant is reasonably informed and believes that the foreclosed Chrysler Mortgage Company mortgage was a construction loan to re- hab the units and they would not have made the loan if proper permits had not been obtained. Further the appellant is reasonably informed that Chrysler Mortgage Company obtained a permit to do additional work after their foreclosure. Appellant is reasonably informed and believes that the City did nothing to inform Chrysler Mortgage Company that their security was in jeopardy and could not be sold as apartments. It would appear that the City is applying a remedy against the appellant that it would not have applied to Chrysler Mortgage Company. This would appear to be a arbitrary and selective enforcement of City codes. Appellant is reasonably informed and believes that the City is active in an arbitrary and capricious manner in that a building across the street has a pre-alteration report and the City has allowed a permit to be issued despite a non occupancy for over 6 months. The net affect of this is that the City is allowing a property across the street that is also zoned light industrial to be used for residential purposes and arbitrary attempting to block appellant from said uses. The City has disregarded the fact that appellants buildings are Historical Landmarks. While the Stop Work Order does not further elaborate, the appellant is informed by his Manager that the City now states the zoning has been changed and no longer allows for residential usage and further that the City plans to- tear down the Appellants buildings. This amounts to a condemnation without due process of the law. It should be further noted that all utilities are on for both premises and therefor we can reasonably conclude that the utility companies were similar not informed of any problems. The utilities include but are not limited to the City; water, sewer, and trash. It should be noted that neither the Electric Company or the Gas Company found any Code violations as regard to the Utilities. Appellant reasonably relied on conversations with the City and had a Law office write a letter that required a answer prior to close of escrow (Exhibit "A" ) RONNEBURG PROTEST AND OPPOSITION (page 3) City rental licensed that references Planning & Zoning was also relied upon. Appellant argues that the entire handling of this matter by the City is a violation of Due Process as there was no way for appellant to be informed of these matters and Appellant did all he could to protect himself and the Cities action made it impossible for Appellant to be informed or protect himself (See Exhibit "A" ) Appellant made inquires of the seller of the property and is informed the City also failed to inform the Seller or Seller's agent who also made inquiry of the City and wqs informed that no problems existed with the residential use of the property. Appellant is informed by his agent that the City has now declared the premises are: 1. Not fit for any purposes; 2. Not up to code; 3. Buildings will be torn down and not be allowed to even be used for any purpose. Once again Plaintiff in Exhibit "A" requested such a determination be made prior to the close of Escrow and the City failed to comply. Exhibit "A" is clearly understandable and placed a duty on the City and the City knew or should have known of the harm to appellant if such request was not complied with. ' Further the City has not shown any basis for item 1,2,and 3 nor how such basis (if any) was arrived at. This conclusion is arbitrary and discriminatory and a further violation of Due Process. The City has failed to timely advise the appellant or record said positions and has in effect laid a trap for appellant. Appellant maintains the building is up to Code and any modifications were done under permit by previous owners. The City has wrongfully stopped appellant from caring out work that does not require a permit. Presumably an Administrative date will be set and oral arguments. heard. While throughout the arguments the term appellant is utilized this suggests a foregone conclusion on the part of the City, whereas an administrative hearing would seemingly be required and failure to do so would be a further violation of due process. In this answer the term Appellant is only used because the Stop- Work Order states that the owner has 10 days from the date of service to appeal. It should be noted that Respondent would be more appropriate terminology as a hearing has not yet been held. The Zoning ordinance is in part an abandonment type ordinance. The City is interpreting the property owners nonconforming rights under the zoning ordinance to be Malum in Prohibitive in nature. AF A RONNEBURG PROTEST AND OPPOSITION (page 4) To wit: The 6 months have past, we say it was vacant, that all folks. You have lost all nonconforming rights. Case Law indicates that the mere passage of time is not an element of abandonment , it is only one item to be considered in the determination of whether a nonconforming use has been abandoned. Since intention is a necessary element in the concept of abandonment, it follows that lapse of time is not , per se decisive of whether a nonconforming use has been abandoned, it being merely one of the factors which may evidence such an intention. Some of the other elements of abandonment, other than intent, that must be considered are Unique Circumstances and to a lesser degree the hardship created. Several factors in this case toll the running of an abandonment period. Neither the original owner, Chrysler Mortgage Company, the interim owner, nor the present owner had the intent to abandon their rights as a nonconforming user. Holding a property for lease or sale as a residential complex shows no intent to abandon. Economic Hardship is coupled with the intent to sell as relates to the interim owner and does not show an intent to abandon. No intent to abandon rights as a nonconforming user ever existed, and the present owner has utilized the units for over 6 months as rental units; With proper rental permits from the City. The unique circumstances are that the appellant did all he could to protect himself (see Exhibit "A" and "B" ) and was misinformed by the City. This is an integral part of the dilemma, now before us. Therefore, it can be said that the abandonment of a nonconforming use and the consequent termination of any legal right thereto results, generally speaking, from a concurrence of facts, circumstances, and the intention of the owner of the premises. The "act of abandonment" is often said to be a voluntary, affirmative, completed act-that is, the intentional relinquishment of a known right. IN THIS CASE THERE HAS NEVER BEEN NOR IS THERE NOW AN INTENT TO ABANDON THE RIGHT AS A NONCONFORMING USER In conclusion, the presumption in Law is not that the mere passage of 6 months constitutes a abandonment. The presumption of the Law is that a legal use of the property, prior to the enactment of the zoning ordinance should continue. Due process requires a showing of intent to abandon to relinquish the rights of a nonconforming user. Appellant under separate cover has requested a 15 day extension to raise further arguments and to further substantiate arguments raised above and further requested that no unfavorable decision RONNEBURG PROTEST AND OPPOSITION (page 5) be rendered in the interim. Appellant prays that the City will: 1. Lift all Stop-Work orders; 2. Cease and desist in interfering in Appellants peaceful use of the property; 3. Cease and desist in interfering with the Appellants tenants; 4. Otherwise provide a remedy that allows for 1,2,3 above which does not place a financial burden on Appellant; 5. The City recognizes their part in failure to advise Appellant in a timely manner, whereas if they had done so the problem would not exist; 6. Not cause Appellant to seek Judicial relilf and further Legal cost. 7. Recognize that the Cities continued action will cause the Appellant irreparable harm and that the City is the proximate cause of said harm, ab initio. POINTS AND AUTHORITIES California holds in disfavor the curtailing of non conforming uses that existed prior to the enactment of the ordinance as a deprivation of property rights without due process of law, unless the use may be prohibited for reasons aside from zoning (Byers vs Colonial Irrigation Co, 66 P 732; RE Smith, 77 P 180; RE Kelso,82 P 241; People vs Hawley, 279 P 136; Morton vs Superior Court of San Mateo County, 269 P2d 81; Los Altos vs Silvey, 206 Ca2d 606; Dobbins vs Los Angeles, 195 US 223 The power to zone is an inherent police power but where there is an arbitrary and discriminatory exercise thereof, the Courts will interfere (Smith vs Collison, 304 P2d 277) Whether a zoning ordinance is unreasonable, arbitrary or discriminatory is related to a particular parcel of property and each case must be determined by it's own facts (Pacific Palisades Assoc vs Huntington Beach 237 P 538) Zoning Regulations that bring about rezoning must not be unreasonable, arbitrary or discriminatory ( Ricciardi ve Los Angeles, 252 P2d 773; Morris vs Los Angeles, 254 P2d 935) Zoning ordinances have been held invalid and unreasonable where they attempt to exclude and prohibit existing and established uses that were not nuisances (Paramont Rock Co vs County of San diego, 180 Ca2d 217) Inability to get a tenant or sell the property which caused vacancy cannot be said to constitute abandonment required under the zoning ordinance (79 NE2d 839) Advertising to sell or lease will excuse an extended vacancy RONNEBURG PROTEST AND OPPOSITION (page 6) period and will not cause an abandonment necessary to extinguish a non conforming use (39 A2d 67) Mere cessation of a non conforming use is held not to deprive an owner of his right to resume such use ( 114 ALR 984) Vacancy caused by owners inability to sell or lease did not create an abandonment under ordinance that would have stopped a non conforming use (Delgado vs Morris, (79 NE2d 839) Mere passage of time does not constitute an abandonment (137 A2d 316) Intent to abandon required, not mere cessation of use (120 NE2d 913; Beyers vs Baltimore, 34 A2d 765; deyo vs Hagen, 341 NYS2d 153; West Mifflin vs Zoning Hearing Board, 284 A2d 814; Richare vs Zoning Board of Review, 213 A2d 814) Respectively submitted, ZL H. R. Ronneburg 11369 Mt. Wallace C . Alta Loma, Ca. 91737 Law Center 255 N. "D" Street, Suite 207 San Bernardino, California 92401 ( 909) 884-0777 December 19, 1994 City of San Bernardino Department of Building & Safety Department of Planning & Zoning 300 North "D" Street San Bernardino, California 92418 RE: Apartments at 116 & 124 North I Street Gentlemen: San Bernardino, California At the request of Mr. H. R. Ronneburg, our office is writing this letter. Mr. Ronneburg and two other people have visited the Department of Building and Safety and the Department of Planning & Zoning of the City on two previous occasions in regards to the Property above referred and were informed of the following: 1. There are no violations of the Uniform Building Code in regards to the above mentioned properties; 2. There are no problems or impediments to Mr. Ronneburg using the above mentioned properties as residential rental units. Mr. Ronneburg is currently in Escrow to purchase the above mentioned property and said Escrow is expected to close on or about December 28, 1994. Our Client is relying on the above and it .is imperative that on or before December 27, 1994 your office inform us if the above information is in any way incorrect, so as to allow Mr. Ronneburg the option to cancel Escrow if needs be. Please call or write immediately as Mr. Ronneburg is relying on the information your office furnished. Hearing nothing, we shall accept this letter as correctly stating matters. Yours truly 'o ,� B. H. Morton CITY OF SAN BERNARDINO BUSINESS REGISTRATION CERTIFICATE WARNING! CERTIFICATE Na 2342 -1,415 BUSINESS REGISTRATION CERTIFICATE DOES NOT MDICA�T►+E LEGAL OPERA- ^N OF TI+IS BUSINESS AT THIS LOCATION OTHER APPROIASLS BY OTHER CITY ;EPARTMENTS, SUCH AS PLANNING AND BUILDING SERVICES,MAY BE REOUIRED Cash �—_���y 'y�M: 84064 Ow Gwrrwnere Coca Section 3'101 2ta) tna CertO- a wand•notout vwoc o" (,ash Receipt 1`I zabei :w tfr crtrcate a twal.ct to or Oar trorw wmrwq or go Star of CaMOMAa �EIJEVAAL Tne Busrrss Cwner a resoorwW for trw.lr rr.rraL No r*cww`o a rwwr>r Replaces #33029 '-rice.mr]fv mason,Ores rot re w" for t.+uly oft^wt1 It rot C"warn _'�aays of tre a=orstwn Oat.VVwn a 50%wnnty.w be iR1pO"O 6flef 30 dart CERTFr-XE EXPIRES 30 NOW 95 7,va Bus.rrss Regneaton Crtdcar a not w&nS row to ano0w ow w I SBMC 5.04.0201 F R 041941 FEE _ • CL SINESS APAR�'�IJI'S + CREDIT s BUSINESS .' :. +�� CODE PENALTY s ADDRESS 116 N I ST ,_ . .. -Y.\�.� RATE 30 D SAN BERNAMIDA CA, 92410 i TOTAL_ S 60.00 H"""ER H-R FU0M3URG _! :_ _ _ ;`; OFFICE OF THE BUSI NESS ;�_ i CJTY CLERK ADDRESS PO BM 3875 FICNT%M CA 92334 C&A•&I _ CRY CLOW POST IN A CONSPICUOUS PLACE P�4017000PIE',NOT VAL it) IF r"t•Lama"Fwastraas AMC We"To"a Ptrao 'TTY OF SAN BERNARDINO BUSINESS REGISTRATION CERTIFICATE -IISBU�SINESSREGISTRATION CERTi tUTE DOES NOTINOICATE THE LEGAL CIPERA- CERTMTE NO 3303( :N OF THIS BUSINESS AT THIS LOCATION.OTHER APPROVALS BY OTHER CITY PARTMENTS,SUCH AS PLANNING AND BUILDING SERVICES MAY BE REOUNEM Ow G wwnn %Code Sedan 37101 2161.tfn Crtdteata s asueo without ventkaoon it the ceneiea16 a a„onct to or eurtot Imm I. by vie Star Ot C6MOrrra :N c eV.W aTnfy r r a8alarsornt-.sDa o eQs M rornM t r- o brey rrewallo nm eq a efwa Cash Receipt Num r: 84063 s*a a mworwarY for to wy ow#row a no oars wort aay6 of we e•orauon aati gown a 50%ow%Wy"w,nvcsec afar 30 days .s a,srrM Raglatraron C.nCcate a no VafWWaW to anWw cwnw 1SSMC S.04 0201 CERTIFICATE EXPIRES 30 Nov 93 CLASS s APARTMENTS AC 020698 FEE S 60 CREDIT S ADDRESS 124 N I ST � 06 ���"'-- z -� t- PENALTY S AN BERNARDINO, ""'� i S ER RDINO. CA 92410 OVMER — - - f - �.; ... Ow T. S 60 BUSINESS H R RONNEBURQ ' NAME — - ::, . VU MAILING P 0 BOX 3873 ADDRESS FONTANA, CA 92334.,-': '- CITY CUM ATTACHMENT B v C I T Y O F an Bernardino rD 1 D E P A R T M E N T O F PLANING N A N D B U I L D I N G S E R V I C E S A L B O U G H E Y . A I C P 0 1 R E C T O R April 8, 1993 Son Perryman, A.I.A. L832 Duke Street Redlands, CA 92374-1817 2E: 116-124 North "I" Street, San Bernardino )ear Mr. Perryman: 'hank you for meeting with Joe Lease and me on March 30 to disc'sss your -equest as outlined in your letter of March 3. As discussed, the multi- :amily units at this location are lozat:d in the Light Industrial (IL) land ise category. It appears t`at the units have been vacated for a period in :xc of 180 days. City regulations require that when nonconforming uses Lai en discontinued for that period of time, they lose their nonconforming :taL_- and can only be reoccupied if they meet all applicable land use -egulations and development standards. In this zase, the property can now lnly be utilized for uses allowed in the Light Industrial category. 'herefore, the units would not be allowed to be reoccupied as multi-family .nits. In the event your cl:ent can produce inf.� -n ration which clearly ndicates that these units were occupied withi.: the last 180 days, this ecision would be re-evaluated. fter reviewing the condition and size of the buildings, it would be in the est interest of :ur community to have these structures removed and to have his site available for an appropriate Light Industi ial use. It appears that hese units, from a number of different standpoints, may have difficulty eeting basic housing code requirements . These structures also lack other asic amenities, which would prevent them from providing adequate or decent ousing. f I can provide any additional assistance or any otter information, please 3 not hesitate to contact me. inter ly, L !Bo -rector Lu \ gt and' uildin Services -. t Lease, Building Inspection Supervisor __-gh Density File PRIDE 44 3 00 NORTH D sTR £ ET . SAN 9Ea4AR01N0 KPROGRESS C A L I F O R N I A 2 2 4 1 8 • 0 0 0 1 (711) ]OA-!071 / !0!7 � ATTACHMENT C q MIA i z ° , W Y oC 7 _ u o ° r- 4 - u o W ° , � o o c I w .. r o u u J W < 1 I ~ Y � Z • ' u y� 1 I T w X o a LU h o� I \ I Y p q H I Y O I O K • a e . J N 6'j '• � , N ' ,I m Y r • • 1 1 1 N Z • 3 M co 1 1 1 O r 2 I 1 ' �•f II s p u u ' of Po (A F Z) _ m 1 < < O• CC ,I ~ JN p' .0 O I > o, �I a EXHIBIT 3 ------ -------- FOR OFFICE USE ONLY — Departments Receiving Copies: Date/Time Stamp: City Administrator's Office ��RWARp�ti City Clerk Lien Coordinator 0 Original to: `2 Payment Information: City Clerk's Office .sue Administrative Operations Supervisor II G4'�ED IN� Account 001-OW-4303 CITY OF SAN BERNARDINO NOTICE OF APPEAL IMPORTANT INFORMATION: Pursuant to Council Action, the following fees will be imposed relative to Mayor and Common Council Action: Appeals - $75.00 for all building, weed, and vehicle appeals; $122.00 for planning appeals. All Mayor and Common Council appeals must be filed in the City Clerk's Office accompanied by the appropriate fee. Complete All Information Appellant Name & Address: H. R. RONNEBURG c/o WILFRID C. LEMANN FULLERTON, LEMANN, SCHAEFER & DOMINICK 215 North D Street, San Bernardino, CA 92401-1701 Contact Person WILFRID C. LEMANN & Address: 215 North D Street, First Floor, San Bernardino, CA 9Z401-1701 Daytime Telephone: 909/889-3691 Contact Person Phone Number: Day: 909/889-3691 Evening: Affected Property Address & APN # 116-124 North "I" Street, San Bernardino, CA Type of Appeal - Check One Mayor and Common Council Other Legislative Bodies X Planning Commission Board of Building Commissioners Building Abatement Police Commission Weed Abatement Other/Explain: Vehicle Abatement Other/Explain: (continue next page) 4w A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION (SBMC 2.64): mol 1. The specific action appealed, and date of that action: This as an Appeal of the Director of Planning and Building Services determination that the residential use and structures located at 116-124 North "I" Street have lost their non-conforming status. This is also an Appeal of the denial by the Planning Commission to overturn the Director of Planning and Building Services determination. 2. The specific grounds of appeal: The Appear is based upon the grounds that the property has not lost its non-conforming status. This Appeal is based upon the evidence presented to the Director o Planning and Building Services, the evidence presented at the hearing by the Planning Commission and such further evidence as may be presented by this party. i i I 3. The actions(s) sought from the legislative body: The action sought is the continued non-conforming use of the residential structure located at 116-124 North "I" Street, San Bernardinu. This continued use would allow rental of the residential units on the property and any cosmetic improvements necessary. 4. Any additional information: /7/z�� Si ure of ppellant: Date: z 6 9S ^ROPERTY RENTAL / LEASING CITY OF SAN BERNARDIN 3USINESS REGISTRATION C 11TIACR A LICATION AREA TAX RETURN THIS FORM WITH NEW RENEWAL ACCOUNT NO. CLASS TYPE RATE YOUR REMITTANCE TO: ��VLISARp�NO CITY CLERK, P.O. X 131 SORN BERNARDI , CA 9240 TRANSFER COMPUTER ASSIGNED NO. DATES RTED EXPIR TION D TE CITY CLER y `{ Z y jJ 300 NOR "D" STREET a� <� �� 1 /( w SAN BE ARDINO, CA 92418 o TEL. ( 9)384-5302 pG�DED I" TYPE OF PROPERTY OR 384-5035 ❑ OUSE-NO.OF BDRMS. ❑ APT.BLDG-NO.OF UNITS COMPUTATION OF FEES DUPLEX ❑ TRIPLEX ❑ QUAD ❑ COMMERCIAL El INDUSTRIAL El RETAIL WAS BUSINESS CONDUCTED IN THE CITY OF SAN ❑ OFF BLDG. ❑OTHER BERNARDINO DURING THE LAST 12 MONTHS? SQ.FOOTAGE OF ABOVE PROPERTY OYES ONO NO.OF UNITS WITH W- .ALARM IF NO,STATE DATE BUSINESS COMMENCED PROPERTY ADDRs � -------------------------------- FEE AMOUNT /c N ` 1 , $ NAME OF OWNER GROSS RECEIPTS S FOR PREVIOUS 12 MONTHS S D NAP 6 U ✓9 _ AREA TAX BUSINESS NAME PENALTY $ OTHER TOTAL AMOUNT DUE $ �� OWNER'S MAIL ADDRESS OWNER'S RESIDENCE &Ox C14 MANAGEMENT COMPANY NAME&ADDRESS 2 3 OWNER'S BUSINESS PHONE RESIDENCE PHONE c 0 7 PHONE NO. L/S/ Z 3/PKR W/4/ -° SOCIAL SECURITY NO. ASSESSOR PARCEL NO. ON-SITE MANAGER PHONE NO. 52-Iq (/6 31r2 9 IF PROPERTY IS RESIDENTIAL,ARE RENT LEVELS RESTRICTED AND/OR SUBSIDIZED BY: 4)City Rental Rehabilitation Program? 1)Redevelopment Agency Affordability Covenant? _ Yes _ No Number of Units: _ Yes _ No Number of Units: 5)City Density Bonus Program? _ Yes _ No Number of Units: 2)Mortgage Revenue Bond Regulatory Agreement? 6)Other City/State/Federal Housing Prcgram(s): Yes _ No Number of Units: _ Yes _ No Number of Units: IF YES 3)Housing Authority Section 8 Program? EXPLAIN: Yes _ No Number of Units: FOR CEASED OR SOLD BUSINESSES ONLY I, THE UNDERSIGNED, UNDER PENALTY OF PERJURY, DO HEREBY CERTIFY THAT THE BUSINESS AS STATED ABOVE IS NO LONGER OPERATING IN THE CITY OF SAN BERNARDINO, OR HAS CEASED OPERATION OR WAS SOLD ON THE DAY OF 19 IN THE CITY OF SAN BERNARDINO.IN ADDITION,I UNDERSTAND THAT OPERATING A BUSINESS WITHOUT A VALID BUSINESS REGISTRATION CERTIFICATE(SAN BERNARDINO MUNICIPAL CODE SECTION 5.04.005)IS A MISDEMEANOR.IF THE BUSINESS WAS SOLD PLEASE PROVIDE DATE SOLD,NEW OWNER NAME,MAILING ADDRESS AND TELEPHONE NUMBER. I DECLARE, UNDER THE PENALTY OF PERJURY, THAT THIS APPLICATION HAS BEEN EXAMINED BY ME AND TO THE BEST OF MY KNOWLEDGE AND BELIEF IS A TRUE,CORRECT AND COMPLETE STATEMENT OF FACTS. I HAVE READ SAN BERNARDINO MUNICIPAL CODE 15.24. PROPERTY MAINTENANCE, AND HEREBY AGREE TO MAINTAIN THIS PROPERTY IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER AND ANY AMENDMENTS THERET . RSTAND THAT BUILDING CODE OR PROPERTY MAINTENANCE VIOLATIONS MAY RESULT IN THE REVOCATION OF THIS BUSINESS EGISTRPTI N CERTIFICAT . I FURTHER UNDERSTAND THAT IT IS UNLAWFUL TO DEMAND OR RECEIVE PAYMENT OF RENT FO AN SINE HICH HAS T OBTAINED A BUSINESS REGISTRATION CERTIFICATE. PERSONAL SIGNATURE(X) FOR OFFICE USE ONLY ZONING CONSISTENCY REVIEW YES❑ NO❑ PROCESSED BY ON: 0 4- ins San Bernardino City Council Meeting October 2 , 1995 116 THROUGH 124 NORTH "I" STREET IS A HISTORIC SITE The properties , 116 North "I" Street and 124 North "I" Street are part of the Elizabeth M. Wallace subdivision; both properties were purchased from Wallace by the California Central Railway in 1887 . The California Central Railway sold the lots to Porter and withheld the right of way for their rail road through the properties . The lots then passed through Hauf and were purchased by a incorporated association by the name of "The San Bernardino Creamery Association in 1895 . A company dedicated to making : cheese; butter; cream; and bottling and selling milk from this location . Enclosed as exhibit "A" is the articles of incorporation and a list of the stockholders , directors and corporate officers of that Company . Exhibit "B" contains the bibliographies of 16 of those stockholders , directors and corporate officers : As can be seen, they were extremely important pioneers of both San Bernardino and the State of California . They encompass the largest dairy farmers ; original founding fathers and incorporators of the City of San Bernardino; one of the founding fathers of the Republican Party in California ; directors and owners of the largest businesses and banks of the 1890 era; and prominent Attorneys , just to mention a few of these great pioneers ' accomplishments . It would appear the location was selected because the California Central railway , followed by the Southern California railroad service-' a freight dock at the 116 and 124 North "I" street location . Passengers , cheese , cream, milk and other dairy products embarked on their journey to market from this location. The buildings were built in 1896 and 1897 by the San Bernardino Creamery Association for their Creamery purposes ; which included: manufacturing, storage, offices and shipping . The date the buildings were built is established by the records of the San Bernardino property tax records Book 13 (1895 through 1898) . Robin from the Archaeology Information Center of San Bernardino County confirms that the structure is found on the 1896 map . She is in the process of further research. Prior to the turn of the century San Bernardino was dependant on the Railroad . Mr . Light , who was a attorney from the Redlands area and manager of the association, undoubtedly came to the property site and embarked there via the railroad. Prior to the turn of the century the dairy industry was bigger than the citrus industry in the San Bernardino area. The San Bernardino Creamery moved to another location shortly after the turn of the century . The effort of these great pioneers was the start of modern day distribution of Dairy Products . These great pioneers had the courage and forward sight to turn aside the concept of making customers go to each farmer ' s dairy and they banded together to market and produce their products as one of the first farmer' s associations and co-ops . This was truly the beginning of modern day distribution of Dairy Products and more than likely much of the modern day technology of the industry. TURN OF THE CENTURY While the earlier described events in the last century would have been enough to establish the site as a Historic Site; in 1911 through 1914 the Rotary Tractor Company used the property . First it was owned by Mr . Nett , the companies secretary and then the Rotary Tractor Company purchased the property. In 1913 the Rotary Tractor Company was incorporated see Exhibit "C" The Rotary Tractor Company held patents to automobile parts , and motors and did the manufacturing , selling, and shipping of it ' s parts , Rotary Tractor engines , engines , vehicles and motors from this location . One of the products that the Rotary Tractor Company held the exclusive right to manufacture and sell was a differential device "which was a means of transmitting an unequal power or strain to the side members or portions to which the power or strain is conveyed" . Without a differential the automobile industry would not have been more than a Horseless carriage not what it is today. While cars were being driven around in this time period, it should be noted the Rotary Tractor Company was active in this industry prior to Henry Ford gearing up for mass production of the automobile in 1915 . This site and San Bernardino had a pioneer part of a new industry; the automobile industry . In 1914 the Rotary Tractor Company moved to Los Angeles and sold it ' s San Bernardino machine shop and equipment to C .F . Linderoth. Said machine shop is still operating at the corner of Rialto and "I" street and some say it is the oldest surviving business in San Bernardino City . Rarely will it be seen that two historic events occurred at the same property site as has happened at this site . By the 1939 both 116 and 124 had been turned into residential usage as apartments and have remained apartments for over 50 years . The process to go forward with the registration of these properties as a Historic Site has already commenced and Mr . Ronneburg has met with Robin at the Archaeology Information Center , at the suggestion of Mr . Finn, to begin the process . The state has pre-empted the field when a property is a Historic Site and a continuous use of the property is guaranteed by state code . The council must only decide whether the continuous usage is Industrial or Residential . Nothing should be done to obstruct the establishment of the Registry of this property site as a Historic Site . The process now begun, could take 6 months . Both the City and the County have a duty to co-operate in preserving local history and historic sites . Under no circumstances should any detrimental sanction be placed on the properties or buildings during the interim period. San Bernardino City Council Meeting October 2 , 1995 DANGEROUS PRECEDENT AGAINST MORTGAGE COMPANIES The six ( 6) month period of time (vacancy period) that lost the +h properties their non-conforming use under the City Ordinance was e time the construction mortgage was being foreclosed. It was also the time that the Mortgage Company owned the property after foreclosure and was trying to resell the property , (the security for their loan) to recoup their 'losses . The '_ ender who foreclosed the mortgage was not the lender who originated the loan which compounds the problem as this lender apparently purchased the loan in the secondary mortgage market . The property was occupied immediately prior to the foreclosure and immediately after the 'lenders foreclosure . A portion of the loan that was foreclosed was made for purpose of re-hab on the property , under ' rrrr;its , Th F re-hab was for usage of the buildings as Ci y P apa_ament.s . As we all know the obtaining of mortgages is of vital interest ± `, the entire Inland Empire in it ' s recovery and continued growth. The key issue here is a mortgage Company needs a period of time tc foreclose a mortgage and a period of time to resell the property wiyho,.t the threat from the City that the property will become useless for the purpose the lender made the loan due to a property being vacant during the lenders foreclosure period . For the good of the entire Community such a period of time should be considered a circumstance that would toll the six month period .�f the Cities non-conforming ordinance . For the City to hold otherwise would be vJ olat`on of due process and render Mortgage gender: powerless to p ^` ect thee : spcuri*_y . The concept of Voluntary Abandonment is an essential part of extinguishing a non conforming use , therefore the mere passage of time is not the only element to be considered. While in many cases an abandonment can be implied from a criteria similar to the San Bernardino' s ordinance ; case '_aw in California has also declared a period of 3 years of vacancy not sufficient to extinguish- the non conforming right of the property . The circumstance in one case was a shortage of materials necessary for production that occurred after World War II . Would not the better view of the city be to protect Mortgage Companies and consider foreclosed properties as an exception to the ordinance . It is understandable that property owners that sleep on there rights should perhaps loose the right , but a Mortgage Company is powerless to protect themselves as a foreclosure can take the 6 months and then when they get the security for the loan the City has made it worthless by the Cities ordinance . The City Council must be aware that by upholding the Director on this case they have established a precedent against Mortgage Companies . A adverse determination in this case could harm the entire community and will most likely be overturned in a court of law . by a Mortgage Company or the City could just be red lined for Mortgages . Failure to consider the rights of Mortgage Lenders would be remiss of the City Council at best and the adverse effect of the Council ' s adverse precedent could hurt those who need mortgages in the City as lenders reluctance to loan in San Bernardino is a sure to follow consequence . The Council could cause the City to be red lined for mortgages . The only solution given to the buyer , by the City, in this case is sue the Mortgage Company for failure to disclose . Is this really what the City wants? or S.1-1-u1d the City be trying to work with I Mortgage Companies and toll the 6 month period for lenders . I am a licensed Real Estate Broker and represent numerous lenders as a mortgage broker ; many of these lenders are keeping an eye on the outcIme of this case and are quite concerned over what the City might do tc their security in other locations if this precedent is established . I San Bernadino City Council meeting October 2 , 1995 Re: 116 North "I" Street and 124 North "I" Street BUYER HAD NO WAY TO KNOW OR PROTECT HIMSELF FROM THE TRAP THE CITY SET FOR THE BUYER I did all I could to protect my rights and during my period of ownership I did not allow the properties to remain vacant . Prior to the close of escrow on the properties , I made two trips to the City to determine if any problems existed with the property . I caused a letter to be issued on December 19 , 1994 confirming my visits to the City and outlining what I had been told by the City . The letter requested the city to inform me if the December 19 , 1994 letter was incorrect and any problem existed with the properties . The City had the duty to inform me if there was any problem; their would be no further reason for me to contact the City on this matter . The purpose of the letter was to confirm what the City had told me . Since I did not hear from the City by the date I put in my letter , I had no further concern on this matter . The letter is self explanatory and placed a duty on the City to notify me if for any reason what they told me was not correct . It is not reasonable to believe that I had a further duty to inquire of the City . Had I been informed of the problems the property had with the City, I would not have purchased the property . The City infers that the December 19 , 1994 letter was not mailed, however it was mailed and was mailed with proof of service . I can obtain numerous additional declarations that said letter was mailed since the mailing of that letter was the final order of business before the law center guests left for their Christmas party . There were numerous guests that witnessed the mailing of the letter . The City admits it compounded the error by issuing the Rental License , but if you take my side of it this just confirmed that there were no problems with the property or the City would not have issued the Permits . I again was trying to do the right thing and get the proper rental permit from the City . I operated the units under the City rental permit for over Six months before the City informed me that I had any problems what so ever. All utilities were turned on, including the City Water and trash. The utilities also did not know of any problems at the property. The City, at the request of the City Council , has recently inspected the units from a health and safety stand point and did not find any problems . The City then presented a letter they had on file to a Architect from Redlands ; that letter is the determination of the Director that we are appealing . After contacting the Architect , I was informed that he was representing a prospective buyer; not the owner or any mortgage company . No notice was given to the owner (the mortgage Company) of the Directors determination. The City states that the Architect should have appealed the decision of the Director , but if you look at things logically; why would he? The only people that really had an interest was the owner of the property and they were not notified. When the Staff prepared their complaint they referred to a conversation by the city that allegedly occurred with a Mr . Roe who was allegedly a prospective buyer . The City however has no letter to Mr . Roe to confirm their statements and such a conversation only came up after I complained about the letter to the Architect . What the City did not inform any one of is that ; Mr . Roe is a former owner of this property . The recorded documents indicate that Mr Roe owned the property; sold the property; and Mr . Roe ' s deed and all owners of the property after Mr . Roe recorded their deeds on or about the same day . The last recorded owner of the day was the owner that was foreclosed by the Mortgage Company. The Trust deed that was later foreclosed by the mortgage company was also recorded on or about this same date . Since he was a former owner, just prior to the foreclosed owner , he probably knew all along every thing there was to know about the non conforming rights of the property before the City informed him; if they did . There were no disclaimers from the Mortgage Company or anyone else regarding the loss of the non conforming right of the property . One of the reasons that I ask the City Council for a continuance was so that I would have time to meet with Mr . Finn and see if the properties could be used for a permitted use . The only permitted juses for the properties is a Equestrian trail or a Single Family home . All other uses require a Development permit . Since my property is not a Single Family home; the only use the. City will permit is a Equestrian trail . The City Council only allowed me two weeks to work this out and yet I am told by staff that it takes six weeks to obtain a Development Permit . I suggested that I would apply for a Development permit for office and professional use as Mr . Finn had recommended or any other use that the City would approve a Development Permit for . I did this to try to settle my problems with the City, even though it is common knowledge that the area is not ready and it would not be a economic success for me . Staff informs me that all uses of my property require a full development permit which requires architect and engineering drawings . It appears that a development permit is just another name for a Conditional Use permit only that the staff approves the development permit rather than recommend it ' s approval to a higher authority . The planning department requires 17 parking spaces for a Development Permit for the office and professional use, which is physically impossible to put on either of my lots . We then called a representative from the building department and things became more impossible to resolve; as the building department requirements for a Development Permit for industrial properties are quite different from multi-family or building requirements prior to 1900 when the buildings were constructed . Under any Development Permit the property must be brought to the 1995 building codes which include , among other things , a requirement for handicap bathrooms and 42 inch walk ways . Since the buildings would become individual offices the conversion involves the conversion of 8 offices and basically 8 buildings and 8 bathrooms ; bathrooms alone could prove to be economically unfeasible . If you couple this with the required set backs ( which could cut off 1/2 of the buildings , we are not re-using the buildings for industrial purposes ; we are re-building the buildings . A Development Permit appears to be impossible to obtain for any purpose under the City ordinances . It appears to me that between the Planning Department and the Building Department the City regulations are making my properties worthless . A Development Permit is impossible to obtain for any purpose under the City ordinances . The City sets a trap for me at every step of the way . The above would seem to be an excellent reason for the City Council to consider compromise and overturn the Directors decision . I guess what I am trying to say is an old axiom in the law, "Lord knows I tried" to resolve any problems with the City . What else can I do? Won' t you meet me half way? If the City will not overturn the Directors decision, I am requesting the City Council to tell what , if any thing , the City will allow me to use my land and buildings for under the Cities ' Light Industrial zoning; other than a equestrian trail . Staff has failed to come up with any use . This has created a great hardship for me and my family . Perchance under the alternate building code of a Historic Site some urpose can be established. It is a requirement under that code that he property must have a continued use. ARTICLES OF INCORPORATION OF The undersigned, a majority 0i whom are residents W, citizer_s of the State of California, have voluntarily as- OOOiatoCt themselves together for the purT,)osc 01 fo_nnin a Cor- poratior. under the laws of the Statc of California and declare M The name of the Corporation mall oe 0� / j The pur oscs for which t:nis Corporation is formed is to Luy ar d sell nil!-,, cream, 1,ut�cr and cheese arc- ,aaru- facture ant sell butter ar:i choose. Purchase, rent, use and hold personal property am real estate n.- azary for th t-an saction of the ';urines:. of bL1y1P.�,, manufaeturir_g are-. selling b. -110.3 � ai 1.' i'C 2r3. sc. The -lace of transacting the lrinciral 'business of no,-po-:attlon is iar. ?-c^T;i q C lint , ll 0_" 1 1. 'Y Thi: Corioratior- shall c7ist for term of fifty T ars. The number of directors that shall nw-nage its ,usi- noss shall be five and tho names anzl residences of those who shall be appointod for the first year are- Names. Residencos. CUr , i The amount of its Capital Stock is six thousand dollars, c.ivicicd into 220 searos of the par.value of c Dolla_—!. The amount of Capital Stock actually is Dollars, by the following: Nancs. Residence. Aiiount. . J. S. R&ty, San Bernardino, Cali ornia. 1100.00 AIl3'io -Unt, " " 100.00 u " L De " L. a'c�r_s, 100.00 E. N. Cooley, 100.00 ' " 100.00 � Jaiaes ,>tc rrar., John Ardersor., 100.00 S. L. G:--ow, " 100.00 Jaacs _`. Boyd, 11 11 100.00 J 100.00 ps. :,aerson, S. W. Barr_es, 100.00 I. D. Clark, It 100.00 ";m. Somers, 100.00 J. 1. Beam, 1 11 100.00 1 L. Mforse, " It 100.00 E. J. harks, 11 11 100.00 J. H. u J. P. Dicksor.," to 100.00 D. G. MiitD 11 11 100.00 C. t,":ct`,l�c/r, to " 100.010 J. H. Patton, It 11 100.00 Peter Filanc, It 100.00 H-9z - cr- 'I e2f7w J. ?3. Goodlet, 100.00 it E. C. Lockard, San Berl:a--mino, Cal? orhia, ii7V.07 S. F. Kelley, 100.00 P. M. BradioiC,, " " 100.00 H. L. Peck, 100.00 Smith Haile, 100.00 Colbert & Stevenson, 100.00 Alm Keir Jr., 100.00 F. E. Allen, 100.00 J. L. Hattery, 100.00 R. 2dcInerny, 100.00 A. E. Jones Jr., " 100.00 A. id. Hara, 100.00 I �; u " 100.00 W. A. 1._tchoin, T. P. Sneison, 50.00 H. 1). Rabol, 50.00 i + ,, It It D. iams, 100.00 Ben Davi s, 100.00 Geo. Cooley, 100.00 C. E. Dishor, 100.00 _ J. H. Hatherly, u 100.00 A. McCrary, 100.00 Ea. Stiles, 100.00 Holstein. Dairy by Taldo S. Waterman, 100.00 John E. Light, 100.00 Geo. ;-5. Cooley, 100.00 N. A. Rioliardsor., .9.00 A. A. Marron, 100.00 C. A. 1:fizscott, San 3ernaxc1ino, Cal 'ornia, " 50.00 C. A. Poole, U 50.00 S. A. Poole, " It 50.00 T. 0. Carter, 100.00 Mrs. A. Carter, 50.00 Lucan tIoaglard, 50.00 In jai tncss ':,hereof, we hay c hereunto set our harZis this 29th day of August, 1295. z.G. t r N I State of California, ) ss ^,otmty of San 3ernan-�ino. t On the 29th da- of August, 1393, before inc, a Notary PaLlic in arx for the r,ount-Y of San Bernar- dino, ,tat- of ^a'.i30_mi a, rc^1C lnc tl.c­oi.n, duly commissiom- ed and qualifier,, personally appeared aZ' knorn to me to be the perso,_s �:hosc ::manes are sucscrib to the within instrwuent and each for himself and not for the others acknowledged that he executed the same. State of California, ) Conly of i On this v _ day of_ in the year one thousand eight hundred and ninety 6�✓` before a Notary Public, in and for the said....__..........___......._County of �� v t residing therein, duly commissioned and s orn,p rsonally appeared h known to c e o be the same person ...described in, whose name _ -b subscribed to and who exeruted the within instrument, and _mac-e.__ ackaoa,leo'ged to I me that he executed the same. In Witness Whereof, I have hereunto set my hand and affixed my Offncial Seal, al my office in the County of_A ._ � the day and year in this certificate first .bove writ R. .._.............................. Notary Public. No.771.—ACKNOWL$DGMUNT--GENERAL. A.W.UAnrax,nookselk and stationer,mr.TMra, I Est./-n nernardin,&i(or.ia. ...� ....y­­c cvult w vcuibid. nis lamer, J;. 11. G\']s- bet, brought his family to California in 1867, and was one of the proprietors of ""I'11e Guardian," an early newspaper published i it Bernardino county. Henry \'P. Nisbet a self-made man, beginning c his battle Nvith the world when but thirteen years of age as boy in a grocery store, then as elevator boy in ±� San Francisco for two years, and .following the last, obtained a position in the Anglo-American Bank of San Francisco, where he continued three years. Re- turning to San Bernardino, he entered the office of Byron Waters in 1884 and began the study of law. In 19M he xvas admitted to practice by the supreme court; - in 1887 was appointed assistant district attorney under is Col. Paris—the only political office he has ever held. Mr. Nisbet married ?Miss Naomi Farley, of Iowa, September, 1886. They have one child, Henry W. - Nisbet, Jr. Mr. and Mrs. Nisbet attend the Presbyte- -_ rian church, of which 'Mrs. Nisbet is a member. JOHN E. LIGHT, ESQ., of Redlands, was born in Iowa, January 16, 1866. He is the son of John and Phoebe W. 'Miller Light. His father carne to Cali- forma early in the fifties and engaged in gold mining, but at the end of two years returned to Iowa. He received his early education in the public schools of HENRY'W. NISBET Cresco, Iowa, where he took a High School course; and later attended the Law Department of the State I University of Iowa. In order to continue his law studies he entered a law office and while so engaged taught school winters, until admitted to the bar. After admission to practice lie removed to Montana, where he lived four I HISTORY OF SAN BERNARDINO COUNTY 809 i years, coming thence to San Bernardino county in 1894, He was admitted to practice in San Bernardino county in 1895, and opened a law office, but one year later became interested in the Pioneer Abstract Company of San Bernardino county, and after the arrival of his brother-in-law, J. L. flack, the company was reorganized, Mr. Light be- coming president and 'Mr. \lack secretary and treasurer; the ,stock of said company being largely in their control. Mr. Light married 'Miss Susie Mack in i800. They are the parents of one clvild- Robert 'Mack Light. 'Mrs. Light is a graduate of the Iowa State Normal School at Cedar Falls, IoNva, and at date of marriage was principal of the High School at Lyons, lcrwa; After their removal to Montana, 'Mrs. Light was elected county superintendent of schoolsl for Custer county, Montana. Mr. and _Mrs. Light are members of the 'I. E. church, Red- lands. Mr. Light is a member of the Y. 'M. C. A., also a Knight of Pythias. JA'IES HUTCHINGS, of San Bernardino, was born in Ray county, Missouri, "March 4, 1863. He was a son of Hovey and Eliza Kincaid Hutchings, the father of Scotch, the mother of English descent. The father twice married and raised a family of eleven chi',. dren, of which James is the youngest. In 1863, the family crossed the plains with opt-team and located at El 'Monte, Cal. The mother died and the children of the last marriage returned to the old 'Missouri home. "There James Hutchings grew to manhood, and obtained a' common school education. At the age of nineteen he engaged in teaching and followed that occupation three years. He then came to California •, and settled in Inyo county, where in 1886-87 he studied law. In i89o, he was admitted to practice at the bar of lnyo county. After practicing two years he came L to San Bernardino and formed a partnership with _ . R. E. Bledsoe, Esq., which continued two years. Since i the termination of this partnership, _Mr. Hutchings has made a pecialty of water litigation, and has been c , retained as course' in some of the most important - x cases of that character brought in the courts of San ;;�., 3r �'° •;; Bernardino county. He 1s a prominent member o } the local Republican party. In 18o6, 'Mr. Hutchings married Hiss Florence, daughter of Dr. H. H. Guth- r , f 798 HISTORY OF JAN BERNARDINO COUNTY early learned the cares of farming and aided in the support of his two sisters, \Irs. J. F. Snyder and 'Mrs. frank McKern, both now residents of Riverside, where his mother also lives. He came to California in 1888 in poor health, and in 1891 located at Rialto, -where lic purchased ten acres of bare soil. He now has forty acres here and tell acres in Riverside. He has developed a successful nursery business and has taken charge of ranches for others. Mr. Lewis married 'Miss Anna Guien, of Oxford county, Canada, in 1894. She'died in 19o2, leaving no children. \Mr. Lewis is a member of the Baptist church of Riverside. GEORGE NV. \Mc}Z?,E, of lfighland, w%s born in Hannihal, Mo., June 28, 18;4, the son , of \William and Elizabeth Spooks \McRae, tine latter a native of Kentucky. He learner? the trade of stony mason and resided in Hannibal mail he came to California in 1890 from S:. Louis. He first settled in Sacramento. He then came to Highland and purchased ten acres of land. \Ir. 'McRae was married in 187S to Miss Emin3, daughter of William and Sarah \'right, a native of Randolph county, MIL, and resident of Hannibal, -where they --ere mar- ried. i JOHN McDRIDE, of East Highiand, -was born in Alabama, May 28, iS;o, the son of John and 'Mary Birch \IcBride. The family left Alabama when he was five years of age, and he spent his school days in Louisiana and Texas. His father was a machinist, and also owned a ranch in Texas. Mr. McBride first came to San Bernardino county in iS69, afterwards going to Arizona. where he prospecteci and teani;d for six years. He then returned to San Bernardim) anci :made it iris headquarters for riining -.lid prospecting expeditions to various parts of tart desert. In the spring of 188,1 he made the first locat;on lit -what was afterwards known as the Calico District, the first locatim n that section of the county. One of his claims was called "The Sioux." He reained his interests in this locality until 1891. He then became interested in the Grapeland tunnel in Lytle Crec•k and Nvorked there for a year. About 1892 he purchased a sixteen-acre orange grove at East I-ligliland, where he has since made his home. February 20, 18S4, \ir. ' McBride married Miss 'Mary Worley, of Missouri, in San Ber- nardino. He is a member of the K. of P. 1 SMITH C. HAIL.F_, of San Bernardino, -was born in South Carolina, 'May 16, 18;o, the silty of Isaac and Sarah Haile. His school days and carp• life were passed in-Llano count}. •1'ex., on a farm and cattle ranch, and he came front there to San Bernardino. His first. -work after arriving in San Bernardino was hauling ore from the old Ivanpah mines. L1 1877 lic started a general merchandise business, in partnership witht Chas. F. Roe. In 1,9i9 he purchased the interest of \ir. Roe avid iormed a new partnership with Daniel Rathburn, This partnership continued until 1881, when he entered into partnership with W. R. Wiggins for two years. Mr. Haile then engaged a; agent for the Standard Oil Co., and -worked for then;; three years: then acted as agent for the Union Ice Co. one year. At the end of that time h: re-entered the employ of the Standard Oil Co. and is still their representative in San Der- nardino. Mr. Haile has served the city in ar, official capacity, hawing been city Recorder two. wears, and a member of the board of trustees. He was president of the board at the time of its incorporation as a city. Mr. Haile married Mrs, Laura Rnddwi, -wi '•o-wed daughter of \\ illiam :McDonald of San I Bernardino. They have had a family of five children, only one of whom survives—Walter Haile. Mr. Haile is interested in fraternal societies; he is a member of the A. 0. U. W., \Woodmen of the World, F. & A. \L, Blue Lodge, Chapter and Cornmandery, LOUIS WW. LITTLEPAGE, of Chino, was born in Lyons county, Mo., September 7, 1852, the son of \Will'am W. and 'Mary Woods Littlepage. In 184 the family mowed t(y Texas and lived in different parts of Central Texas until they came to California in 1868. Upon arrival they located in the El Cajon valley, San Diego county, and opened one of the first farms in that valley. Later they took up government land in Balle.a Talley. Here the father died in 1902, the mother hawing died previously. Of their thirteen children, nine are now living. Louis W. followed teaming in San Diego county. About 18g4 he located on his present place, -where lie has eighteen acres of alfalfa. He was married in 1881 to Miss Ida B., daugh- ter of Alfred Barlow of San Diego. She is a native of San Francisco. They have six children—Henry, Ralph, Joseph, \lyrtle, Wallace and Pearl. STEPHEN 'M. NVINDLE, of Del Rosa, was born at Mt. Vernon, Ill., December 13. 1863, the son of James H. \Vindle. His father was a Baptist niinister, a native of Illinois, whc a ume in the rea; estate business at Jan Diego, but soon returned to railroading and acted conductor on the Pacific a Beach anc, ay m ac a road, until 1894, when he was placed on the kite-shaped track of the Santa Fe, and served as conductor on this popular, route.for sev- eral years. He gained a reputation WILLIAM H1xoN while here for his uniformly courteous and attentive manner, and made many friends. He was selected by the company to conduct the presidential trains of President McKinley and of President Roosevelt over the Santa Fe system in Southern California, and is proud of the fact that President Roosevelt sought him out and personally thanked him for his efficient service in this responsible position. Mr Hixon has now retired from active service and is living with his family in Los An- geles. ITING, of San Bernardino, was born at Johnson, Lamoille county; �Tt.; December 7, 1S47. His father was Calvin Whiting, and his mother was Caroline Dodge Whiting. He was educated in Vermont and graduated from the State Normal School at Johnson. The only occupation he ever followed was that of a farmer. After leaving school he remained in his native town until he was twenty-four years of age, then came direct to California, arriving in the fall of 187o. He went to Nevada the next winter and remained there about two ye:%rs, then returned to Vermont. On Christmas day, 1872, he married Miss Jeanette A. Mossman, and directly after his marriage came to Stockton, Cal. ' He then went to San Francisco, where he lived one year, and from there to Monterey for three years and then to San Bernardino, where he has lived ever since. Mr. Whiting is the owner of eighty acres of land adjoining the Urbita Springs tract and ninety acres of land in Richie Canyon. He has engaged almost exclusively in the dairy business and has J HISTORY OF SAN BERNARDINO COUNTY. 831 given his attention to raising registered Jersey cows. His stock is all of that breed and of fancy variety. 1Ir. and Mrs. Whiting are the parents of four children—Arthur C., Edith F., now llrs. C. H. Dickson, of San Bernardino; Cora B. and Walter C. He is-a member of the A. O. U. W. J. R. WILLIA'_NIS, of Needles, was born in Callington, Cornwall, England, October 3, i86o. He was the son of J. R. and Mary Ann Eliza (Collins) Williams. He received a common school education in his native town, and served a seven years apprenticeship at the watchmaking trade, then worked three years as a journeyman. He emigrated to Amer- ica in 1886, coming direct to Colton, where from lack of money with which to buy tools to wcirk at his trade he engaged at work burning lime at the Colton Lime Works. He re- mained in that business about three years until, having contracted asthma, he was coin- pelled to abandon that occupation. He then opened watch-works at Colton, and after a few months went to Beaumont, where he opened a store, carrying a line of groceries, canned goods and confectionery in connection with his watch business, remaining there about four years. From Beaumont Mr. Williams came to Needles and has lived in that town nine years. He is the official watch inspector of the Santa Fe Railway Company at Needles, and in that capacity examines the watches of conductors, engineers and yardmaster once in every month. Mr. Williams married Miss Grace Down, in Plymouth, Devenshire, England, May 29, 188?. They have a family of four children living, and have lost two children. 1r. and Mrs. Williams are members of the M. E. church. JOSEPH HENRY WAGNER, formerly of Sap Bernardino, was.born in Herkimer county, N. Y.,Feb. 17, ISI2. He belonged to an old New York family, being a descendant of Gen. Nicholas Herkimer of Revolutionary fame, and whose family were among the earliest settlers in the Mohawk valey. Mr. Wagner was a man of broad education, being not only a student of Greek and Latin, but understanding several modern languages and speaking Ger- man as fluently as English. He took a keen interest and was well versed in all the affairs of his day. He was also a musician of no small ability. He was a graduate of Columbia Uni- versity, as a civil engineer, and followed his profession more or less, up to the date of his death. Being sent by the United States government to survey lands now embraced in Ne- braska, Arkansas, Kansas, Utah and Nevada, he finally reached California, which state be- came his home. He died in San Bernardino, April 28, 1877. On April 4, 1853, he married Miss Elizabeth Hopeman, of Albany, N. Y. She still survives him. They were the parents of five children, Joseph H. and Walter D., Elizabeth, now Mrs. Rowell; Ella, 'I%Irs. Soule; Elida, Mrs. James Fleming. 678 HISTORY OE SAN BERNARDINO COUNTY �� -ENZ1E BRADFORD, late of San Bernardino, was born in Steuben county, \larch 20, 1 _. e was a meal descendant of William Bradford, first ,orenior of Vassacliusetts. His father carried a musket at Detroit ashen Hull surren- dered and his grandfather was a soldier of the Revolution, haying served with Washington at Valley Forge. His mother was of Hugenot descent, her ancestors having been driven from France by the Edict of n , Nantes. She was a woman of remark- Y. __ M` . able energy and endurance, the mother of a family of thirteen children, all of iyhom lived to have families of their own. D. M. Bradford was born in a log ° -� house and grew up amidst the hardships and deprivations of the frontier. At nine years of age lie was set to hauling stone, driving an ox team. Wben he was thirteen he started alone for the territory of ;Michigan, a brother haying preceded him. With a pack on his back " and $5.25 in his pocket. lie walked to Bu - � falo and there took boat for Detroit. From Detroit lie had to walk three darn to reach his destination in Jackson county: His father's family followed and located on a farm in the then un- broken wilderness. N\'llen the son was fifteen the father died and the bov he- came the chief support of the family. He had a hard struggle Nyith poor health and discouragement;. In 1865 his health failed entirely and lie was ordered to go west in order to save his life. He pur- chased a farm near Grinnell. Iowa,and after a long• hard struggle, succeeded in 5 pa}ing for it. His health again gave way and he came to California. He - purchased 0;-operty on Third street and on January 17, 1882. the day when snow DANIEL l,:K. BRA..DFORD fell to the depth of ten inches in this city, he moved into San Bernardino. Mr. Bradford had fey opportuni- ties for educaticni. but hi, ;a•te; leci him to read and acquire knowledge for himself and he wns a well-read and Nyell-informed man. He joined the church at the age of thirteen and ,vas a con<: tent member throughout his life. He was connected %vith the Congregational chr.rch of thi? city and t\•as long one of its trustees. From the Ioxya church he received a life riienil)e-bin in -lie Anierican Bible Society and the San Bernardino church made hini a life nieniber of the Home Missionary Society. He was an honorary member of the San Rernardiiio Society of California Pioneers and a yery welcome addition to all their gather- ing?. He was always a pronounced advocate of temperance and an energetic worker in iiiis cause. In April, 15;;, 11r. Bradford married hiss Lucia Coddington. Mrs. Bradford died in San lernardmo. June 16, iS96. Their only daughter is the wife of Rey. C. H. Davis. Mr. Bradford died in 190.{. LEWIS JACOBS. lane of San Bernardino, was a native of Prussia, born January 31, 1832. He Slmlt hip youth in hiS native land and came to America to seek larger opportuni- ties in hi< twentieth year. He landed at New York in 1851 and at once decided to join the thrnng who w—re ilieil rn�,him, to the gold mines of California. He took passage by way of the Iathnit:.< and rrached Saui Fi:uicisco in --November, 18 1. He spent some months mining ill the Sac 1­'11 ent�) valley but did not meet with the success he had anticipated. Coming cnnth by tr;;nirr to Son Pedro, NN th a small stock of "Yankee notions" in a pack he made leis way on foot fr(mt Lo: Alin rlc to San Bernardino, arriving here in the fall of 1832. Ile Sort thric,iftrr WaS able to ()loco a small store. This, which was probably the first store 392 HISTORY OF SAN BERNARDINO COUNTY --. chase of these franchises the company began active operations, and the first car over the line, after its completion was run on Feb. 22, 1902. In Dec., i9o1, the Traction Company purchased franchises along San Lernardino Ave., _'Nlountain View Ave. and hill street, for the purpose of constructing and operating an electric car line between San Bernardino and Redlands. Work was begun shortly after the purchase of these franchises and the first car between the two cities rt3x1 �1Zar�h _�[a, 1943,_ �- February, 1903, the San Bernardino and Highland .Electric Railway Company was organized and incorporated with a capital stock of S13o,000, for the purpose of constructing and operating an electric car line to the township of El.liland from San Bernardino. The officers and directors of this company were: Henry Fisher, president; A. C. Denman, Jr., vice-pres- ident and general manager; George B. Ellis, �I secretary and E. D. Roberts, treasurer. These officers, with, eor�-e 11. Coolev and __ ._cli_r,. cono1, t1�e tors. -� Board f Direc- s On March 4, 1903, the Directors of the San Bernardino and Highland Company pur- chased a franchise on Pacific Ave., and one on Base Line to Palm Ave., and also one on Palm Ave. to the center of Highland. Work was about to commence on these franchises , when Mr. Kohl, of the San Bernardino, Arrow- _ ,x.. head and W"aterman Railway Co., be-an ne- s? gotiations with Mr. Denman for the pur- chase of the old motor line. In April the Board of Directors of the San Bernardino and A. C. DENMAN, Jr. Highland Electric Ry. Co. approved the ac- tion of the general manager, \Ir. Denman, and purchased the old road. Work was at once begun in reconstructing the old line, widening the gauge and putting it in first-class condition for the operation of electric cars. On July 26, 1903, the first car was run over the line as far as Harlem Springs and August Q. the line to Patton and Highland was opened. The San Bernardino Valley Traction Co. and the Highland Electric Co. operated separately until June 2, 1903, when they consolidated with the Redlands Street Railway Co. under the name of the San Bernardino Valley Traction Co. The officers and directors of this company elected at its first meeting are as follows: Henry Fisher, president; A. C. Denman, Jr., vice- president and general manager; C. W. A. Cartlidge, secretary and treasurer. These officers with J. H. Fisher, George M. Coole}-, H. H. Sinclair, E. D. IRoberts, George B. Ellis and F. C. Hornbv, compose the Board of Directors. HISTORY OF SAN BERNARDINO COUNTY. 753 C. A. building, and has always given freely to publi c Congregational church, c enterprise;. He is a member of the In 1854, lie married Sophia W. Cummings, a native of Massachusetts. They were the parents of three children, Emma J., the wife of Dr. Lewis, residing in Illinois; Gertrude, living at home, and Chauncey L. Hayes, a resident of Redlands. EPHRAIM S. FOOTE, of Redlands, was born at Spring Prarie, Wisconsin, July 14, 1847, and lived on the same farm on which he was born until he was thirty-four years of age. He then removed to Kansas, where he remained about five years and in 188; came to California and in February 1889, located in Redlands. He purchased ten acres of land on Cajon street which he set to navel oranges, growing many of his own trees for this Purpose. This place is still his home and is one of the best bearing orange groves in the vicinity. Mr. Foote was for several years a director of the Redlands Water Company, and at one time vice-president of the organization. He was a trustee of the Redlands grammar school and was clerk of the board at the time the Kingsbury building was erected. H was again elected to the school board in 1902, and is now chairman of the board. In ISg3 lie was elected one of the board of city trustees, and served until an o He has been deacon in the Baptist church, and the superintendent of its Sunday school since its organization in 1887. In December, 187r, Mr. Foote was married to Miss Mattie R., daughter of Russell and Adeline Herrick Waite, at Lyons, «'is. The} have three children—Irma E., wife cf Dr..Zy -Heac A., and Wilfred Rose, who are at home. S_ MII 'EL L. GROW, f Pasadena, w•as born at Bangor, _NIe. in 13}3. His early edu- o was o tat public schools of that state, where he lived until 13��, when Le removed to Iowa and became a teacher to the public schools of \I.otlona county. He later- engaged in business, dealing in ]umber, stock and general merchandise. He came to Cali- fornia in 1871 and for five years devoted himself to importing stock from Missouri river points to California and the inter-mountain territory. In 18rt he purchased a piece of prop- erty near Highlands and set out a deciduous orchard. He was so well satisfied with the results that he planted another orchard a mile northeast of the first, and on higher ground, and gave his whole time to horticulture for a period. In 1892 he was chosen by the supe,- visors of San Bernardino county to take charge of the county exhibit at the World's Fair. He represented the same interests at the Midwinter Fair in San Francisco in 13 In ISq5 he bought an interest in an abstract business in San Bernardino, and in 1396 again engaged in the mercantile business, but later retired and now makes his home in Pasadena. �Ir. Grow married Miss Ella F. Jepson in 1367. They are the parents of sev,n children---Mice, now Mrs. Anderson, of Los Angeles; C. N re manager San f sevc- dino Electric Light Co.; Edward E., the second son, wllo, after graduating from Stanford, was one of forty students to enlist in Company K, First Cal. Reg. Vol., for service in the Philippines, and is now employed as draughtsman with the Pimola Powder Co., of Cali- fornia; Richard and Gladys, students; A. E. and E. L. Grow, proprietors of a fruit ranch near Elsinore, Riverside county. ELIJAH P. FULLER, of Upland, was born near St. His father Elijah Fuller was a native of North Carolina; hiJomother O., October 3, 1854, was the daughter er, o er of James Sharp, w•ho settled on the "Platte Purchase," Missouri, in 1837. Elijah P. Fuller was the youngest of fourteen children and lived on a farm in Missouri until rg33. He then went to Washington and engaged in the hotel business at Olvmpia. He came to North Ontario in 1883, and in 1888 settled in the old Kincaid place. In 1894 he Purchased a home on the corner of 24th street and Euclid avenue. He has been zanjero for the San Antonio Water Co. since 1889. In 1876 Mr. Fuller married Olive E., daughter of William C. 'and Sarah Minteer Goodrich, of Belmont Ohio. Mr. Goodrich left Ohio in nt and emigrated to St. Joseph, Mo. In 1886 he came to California and located at San Fuller to a membedr Mrs. I110. 0. F. and A sons—Alva 0. U. W of Uplands. WALTER P. and Everett H. Mr. WALTER F. FOLZ, late of San Bernardino, was born in Chicago, Ill., November, 10, 1$77, the son of lI. W. and Philomena Zins Folz, his father being a native of Germany who came to this Country in his early youth and his mother a native of Galena, 111. Mr. Folz received his education in the public schools of Chicago and after graduating from the grammar department entered the auditing department of the Illinois Central Rail- . �� JACOB POLHENIL'S of carpenter and builder and in 1872 came to California and in IS75 located in Colton. �rI re he engaged in • building and contracting with his er. N -ember 13, i8So, hurried Miss Ida, a daughter of A. E. Jones. of San Bernar- <iin,,. They %•ere the parents of three children, Ivan S., of Santa 'Monica, 'Mable T., wife of A. ll. IloNvIand, of Blooniington; and Eva K., of Colton. I ARL F. VAN LUVEN, of Colton, was born in the Province of Ontario. Canada, in 1861. Ile i-4 the son of Zara Van Luven, a successful business man from whom the son re- ceiVed hip fir<t trainin"I in business methods. After receiving a college education in Canada the young iirui came to the United States in 1888. Soon afterward Mr. Van Luven came to California and located at Colton, where he pur- chascd pr 1wrty. .I le is now the owner of one of the oldest groves on the celebrated Colton rerrtce. lie hac been identified with the marketing of citrus fruits for a dozen years past, being a director of the Southern California Fruit Exchange and secretary and manager of the San Bernardino County Fruit Exchange since the existence of these organizations and in these capacities has handled thousands of carloads of oranges and lemons. . In 1893 the Colton Fruit Exchange Nvas organized and Mr. Van Luven ,vas elected secretary which position he held until 1go2 when he resigned it on account of his numerous other duties. In i8gi. 'Ir. Van Luven married -Miss Helen Edith, daughter of J. B. Shepardson, a bank- er of I"wa. who spends hi: winters in Colton. Mr. and Mrs. Van Luven have two sons, Jed S. ;ui '. Dwiald I arl Van Luven. ST1• P1-11' F. KELLEN of San Bernardino, was born in San Francisco, December 28, IS;S. I Ic \\:is the sum Of John Kelley, a native of Ireland of good family, who came to Amer- ica when sixteen years of age, and was one of the early pioneers of the Western coast. In IS�.t 1.1 \\;is owner of ;t farm in Oregon, and first came to California in 1846, and owned a I �. HISTORY OF SAN BERNARDI\O COU\TY 801 ! farm near the present city of Oakland. He engaged in mining, and in the mercantile busi- ness at Placerville, and later at Virginia City, Nev. In 1855, he located in San Francisco and engaged in business as contractor for public works, and took some of the heavy contracts for the city work. He was one of the organizers of the Republican party in California. He died in San Francisco in 1869 at the age of seventy years. Stephen F. Kelley received his education in the public schools of San Francisco, and after leaving school, in 1875-8, was in the employ of Murphy, Grant $ Co. He next went to San Diego and was employed as accountant by Wing Bros., one year and a half; then in the same capacity in the Engineering Department of the Santa Fe Railway Co. From there he went to El Paso as freight clerk for the Southern Pacific Railway Co., and one year later, in 1882, to HermosiP.a, 'Iexico, and afterwards to Chihuahna, Mex., in the employ of the Mexican Central Railroad Company. He returned to San Bernardino in 1884, and .vent to work for the Southern California Railway Co. as clerk and cashier, in the station. He was also with Kirk & Patten, bridge contraotcrs. He has engaged in various lines of busieess and has traveled extensively in the united States, Europe and Australia. He was for a short time in the employ of the united States Government, as Customs Inspector at Wrangle, Alaska, and in 1895 was appointed under President 'icKinley, postmaster of San Bernardino. Mr. Kelley married -Miss Charity Swarthout, daughter of Geo. Swarthout, a San Ber- nardino county pioneer, June 6. 1887. He is a member of Phoenix Lodge, F. & A. 'I.; Key- stone Chapter, R. A. '-\I.; Saint Bernard, K. T.-. and Al Malaikah Temple, of the Mystic HIRA'I H. SMITH, late of Redlands, was born in Oxford, New Haven county, Conn., in 1828, and lived in that vicinity until lie came to California in 1854. Soon after his arrival in this state _Mr. Smith came to Redlands and tool: up as a homestead, half a section on Redlands Heights, being a strip of land one mile long by half a mile wide, which now constitutes th= upper portion of the improved property on Redlands Heights. With unusual skill and energy for a man of his years, Mr. Smith improved and cultivated this property, setting out 173 acres of it to oranges and grape fruit and maintaining at his own expense for more than seven years seven miles of road. Some of the finest residences in Redlands are now situated on this tract. Mr. Smith was affiliated with the Episcopalian church of this city and was interested in all public affairs. He died December 6, 1903. In i85i Mr. Smith married -Miss Sarah F. Henri- etta, of Huntington, Conn. BURGESS W. SMITH, of Redlands, the only son of H. H. Smith, was born November 13, 18J7, at New Haven, Conn. He was educated in the public schools of New Haven and re. sided there until he came to California and settled at Redlands. Mr. Smith was married in 1878 to Miss Lucy B., daughter of Isaac 'Mix, of Cheshire, Conn., of which place she was a native. They have one daughter living, Ruth M. ELI JACKSON YOKAM, of Highland, was born near Mount Vernon, Ohio, December 25, 1835, the son of George and'Sarah Wilson Yokam, the former a native of Virginia, the lat- ter of Pennsylvania. They were pioneer settlers in Knox county, having located there in 1811. In 1839 the family removed to Franklin county, Ohio. Eli J worked steadily on his father's farm from his tenth year and at seventeen had entire charge of the farm of 22o acres. Being — _ I _ f 1 .1__ - _ __ __ ' r_._j t_'.____If r__ .___L:-__ • - ♦___ __t_..1_ _-A ___1__.- 1.1 1 HISTORY OF SAN BERN ARDINO COUNTY 3S� freeholders so chosen, were John Andreson, Sr., H. M. Barton, I. R. Brune, T. tiV. Cattick, M. L. Cook, Geo. M. Cooley, F. B. Daley, J. J. Hanford, �V. S. i Hooper, L. D. Houghton, os. Ingersoll, . . G. Kendall, James, '.,\-Iurray, W. 1I. Parker and H. C. Rolfe. They assembled accordingly, and or-ahized a board, and within the ninety days as prescribed by the constitution, prepared and sub- mitted a city charter, and on the 6th of January, following, it was ratified by a rote of nearly three to one at.a special election of the people. And being subse- quently approved by concurrent resolution of both houses of legislature on the 3oth of Tanuary, i9o3, it became the organic law or charter of the city. ;or its future government. It provides for a mayor and common council, as the legislative and executive departments of the city .government, in place of the former board of trustees. Also a board of water commissioners, as well as several other boards, and a police and fire department. As a «hole, 1 it is intended to be, and no doubt is,an improvement on the former city gov- ernment, as a city of the fifth class as heretofore existing under the general municipal corporation law of the State, and better adapted to deal Nyith, and manage, its municipal affairs, with its various and large amount of improve- I ments, owned and managed by the city, including a valuable system of water works, with an abundant supple of pure water for domestic and other use- 1111 purposes of the inhabitants, as well as public uses of the city for sprink- ling the streets, extinguishing fires, etc. j BANKS. The oldest bank in San Bernardino county is the Bank of San Bernar- dino, which began business under the name of 'Meyerstein & Co. in 1874. Lewis Jacobs was made the manager of the institution from its very start and soon became proprietor of the business. It was conducted as a private bank and did a general banking business, in early days purchasing bullion, i gold bars and -old dust. It financed many of the most important business deals in the county and always had the confidence of the people. It was first conducted in a brick building which was later used as Sturges Academy on Fourth street. The building now occupied on Third street was especially built and fitted up for this bank. 1\1r. Lewis continued at the head of the bank until his death in igoo, while on the return trip from a visit to his old home in Europe. Oscar Newburg is now manager and Clarence Mylrea cashier. Farmers' Exchange Bank. This, the second bank in the county, was organized in 1881, with Byron Waters, president; Richard Gird, vice-presi- dent ; E. H. Morse, cashier. In 1884, H. L. Drew became president and re- tained that office until his death in igo1. In 1888, the present bank building, a three-story structure of brick, stone and marble was erected for the bank. The lower floor was especially fitted up for the bank and the rooms were HISTORY OF SAN BERNARDINO COUNTY 867 lived on a farm near Sandusky. Later he lived at Norwalk. Here he had three brothers who were mechanics employed in an organ factory. He worked here, too, and made cases for organs. In 1886 lie came to California and worked at carpentering in Los Angeles for some years. In 1891 he came to Chino with his family and no means, and rented land of Richard Gird, on which he raised beets. In 1893 he purchased his present property, sixty acres, and he has continued to raise beets, securing large crops. He has also put up a first-class pumping plant with which he pumps fifty-five inches of water to irrigate his i thirty-five acres of alfalfa, and has purchased thirty-five acres of land, all of which is paid for by the crops raised on it. He was married in Erie county, Ohio, to 1liss Elizabeth Loos, also a native of Germany. They have four sons and one daughter—William, Fred, Henry, Joseph and Sophia. M ATHEW CLEGHORN, late of San Bernardino, was born June 14. 1829, in Ken- nicky, the son of the Rev. Lorenzo Dow Cleghorn, a minister of the Christian church, and of Mary McLain Cleghorn, of Scotch parentage. He left home at the age of twelve and later served in the Mexican war, entering the 16th Ky. Vols. and later being trans- ferred to the 11th Ky. Vols. For eight months he carried express between Vera Cruz and the City of Mexico and to Lalusa. On account of sickness he was sent to the Marine Hospital in New York city in 1848. After the end of the war he traveled over the western states and finally located in Iowa. In 186o lie came to California and located at Watson- ville, Monterey county. In 1863 he came to San Bernardino county and homesteaded i6o acres on base line near what is now Highland. Here lie built a residence. He car- ried on a li}very business in San Bernardino for several years and engaged in raising fine stock. He married hiss Serena, daughter of Isaac Hendry, in the state of Indiana, about 186o. There are now four living children—Lorenzo Dow, Mary C., William J. of Redondo, and John M. Cleghorn. WILLIAM E. SH AFER was born in Republic county, Kansas, October 21. 1873. 1 His father, George Shafer, came to California from Kansas in 1888 and located at Tustin, l Orange county. William E. Shafer passed his boyhood on his father's farm, in Kansas and in Cali- fornia, and attended the public schools. In i898 he joined the Seventh Regiment of California Guards and went to San Francisco with them. - When mustered out of this regiment Mr. Shafer enlisted in the 35th U. S. Vols. and served in the Philippine Island campaign from November 14. 1899, tilllIarch 14, 1901. He served under the late Gen. W. H. Lawton, and after his death under Gen. Funston and Col. E. H. Plummer. He was detailed on scouting duty and sent out with 100 men, of whom only fourteen returned. '\Ir. Shafer reached California again '-\Iav 3, i9o1, and settled on a ten-acre ranch near Chino. \larch i8, 19o2, he married Bessie, daughter of the late C. E. Bluett, of Pom6na. J NVILLIAitI STEW ART, of San Bernardino, was born at Cape Breton, N. S., De- i4 , comber 27, 1846. His parents, Donald and Elizabeth Black Stewart, were both of Scotch descent and his father was a farmer. William was educated on the farm, but developed P. taste for the sea and became a sailor along the North Atlantic coast, and later on the -r- Great Lakes. Ultimately he settled in St. Paul, Minn., and engaged in the business of contracting. In 1892 he came to California and located on a well-watered ranch in the vicinity of the county seat and there engaged in the dairy business, in which he was most successful. Iii 1903 he sold out and removed to Los Angeles. July 29, 1871, 1`Ir. Stewart married Catherine, daughter of John Gannon, born at Galena, Ill., August 8, 1852. Their children are: Eliza J., 1largaret, William J. (engineer on war vessel Philadelphia), Katie lI. Swan of Porterville, Cal.; Jame„ Mabel and Archie. ADOLPHUS DUANE SPRING, of Colton, is a native of Wisconsin, having been born at Fox Lake, Dodge county, January 8, 1848, the son of Heman Jones .Spring, a farmer and a native of New York state. He was one of the pioneer settlers of Wisconsin. He entered the 29th Wis. Vols. on the breaking out of the Civil war and was killed in battle at Grand Gulf, Miss. A son, Delos, entered the army with his father and was by his side when he was shot. A. D. Spring left home when but thirteen and began to make his own way. He was \ employed on the Milwaukee and St. Paul Ry. and learned civil engineering. In 1875 390 HISTORY OF SAN BERNARDINO COUNTY In i3gi, J. �V. Roberts became- president of the bank and at the same time the capital stock -%%-as doubled. Upon his death in 1903, the presidency was filled by the election of his son, E. D. Roberts, who had long, been con- nected ,vith the bank. The present officers are, E. D. Roberts, president; H. E. Harris, vice-president; \fir. S. Hooper, cashier. San Bernardino County Savings Bank, was opened for business, July 6, 1go3, -,yith a paid up capital of $55,000. E. D. Roberts is president; Seth Marshall, vice-president; A. C. Den- man, 2nd vice-president; A. G. Kendall cashier; directors, E. D. Roberts, Seth h t§ -Marshall, A. C. Denman, Jr., W. S. rt- ° Hooper, G. W. Parsons, H. E. Harris, A. M. Ham T. A. Blakely, A. L. Wright, H. B. Smith, W. J. Curtis. G During the first year deposits ex- ceeded c-oo,000, with thirty-eight ~; stockholders which enabled the bank s -s ` to pay stockholders 6 per cent on their subscriptions, beside carryino- sur lus required by law. Beside paying share- l holders, depositors received 4 per cent on term deposits and 3 per cent on other deposits, compounded semi-an- nually. California State Bank of San Ber- nardino, was organized and incorpor- ated August 2, igo1, and began busi- ness Aug. 13 thereafter. It was incor- porated with a paid-up capital of $3o,- E. D. ROBERTS 000, and organized under banking laws of the state and is conducted under the Board of Bank Commissioners for the state of California. Its officers are, John L. Oakey, president; H. H. Ham, vice-president; W. S. Boggs, cashier; directors, Dr. J. N. Baylis, Harry Grav, Los Angeles; Dr. W. H. Stiles, L. A. Desmond, Highland. It conducts a general commercial banking business, and safe deposit vaults, occupying the new and modern banking house, New Garner Block, corner of E and Court streets, San Bernardino. The business of this bank has shown a steady and substantial growth, gratifying, alike to its officers, directors and stock-holders. A report of its condition at the close of business, September 24th, 1904, (condensed), is as follows : HISTORY OF SAIN' BERNARDINO COUNTY 877 iu Co. D. 2nd U. S. Vol. Cay., known as "Torrey's Rough Riders." While in camp at Jacksonville, Fla., he was attacked with fever and came to San Bernardino on a furlough to recuperate. He found the place so attractive that, after his discharge, he returned and has since made it his home. He has recently received appointmnt as U. S. mineral surveyor for this district, also for Nevada, and has done some excellent work for the department, receiving very complimentary mention from the head of his department in recognition of his ability. FREDERICK 'M. BRUSH, of San Bernardino, was born in Ogdensburg, N. Y., August 29, 1846. He was the son of Alexander Brush, an organ builder of that city. He remained at home until his twenty-first year, thoroughly mastering the business of piano tuning, which he has followed nearly all his life, with the exception of five years passed in Iowa, where in consequence of ill health he removed. During this time he was in business in Lafayette, Iowa, in charge of some of the largest cream- eries in that state, and was the first to introduce the cream separator into that section of the state. Mr. Brush came to California in 1886, and since that time has been emploved in Vale's music store as -' a piano tuner. He married Miss Kate Allen, daughter ` of James Allen of San Bernardino. They have one .'\ child, Fred Brush. By a former marriage Mrs. Brush has one daughter, Pauline Brush. He is a member of San Bernardino Lodge F. 8& A. 'M., and also a member of the Elks. BE\ 1 Iii A. DAVIES, of San Bernardino, was t t born in l old C rrff17, to ,,'March 3, 1833, the son of 1 William and ;Mary Rabel Wood Davies, both natives of England. The family came to San Bernardino about r ' 1833 and Benjamin grew up in this vicinity and attended • '" the public schools of the city. He worked as salesman in the dry goods store of A. A. Wolfe for a couple of FREDERICK Al. BRUSH years and then went to Arizona. For a number of years he was engaged in trade and in buying cattle in Ari- zona. About 1883 he located on his present ranch and engs�ed extensively in stock raising and breeding. ' Ir. Davies was married April 13, 1873, to Miss Arabell, the daughter of Charles �Vhitlo��, who kept a trading post at Marysville, A. T. They have three living children- Yabei, the wife of Ni . A. Richardson; Lela, 'Mrs. William Whitlow, and Violet. GEORGE RENW ICK, of San Bernardino, was born in Canada, September 7, 1868, the son of John and Jane Findleter Renwick. His school days were spent near and in Toronto, Canada, where he received a common school education. His first work was on a farm. Mr. Renwick came to San Bernardino in October, 1887, and commenced work as well driller in the employ of Mr. Mauser, with whom he remained five years. Then, in partnership with A. F. Gansner, started in business for himself, and has continued in the business ever since. They are the owners of four well-drilling outfits, boring seven, ten and twelve-inch holes. Their work has principally been in search of water, but they have lately undertaken an oil well. Their operations are mostly in San Bernardino county. The firm owns also an interest in the Parker Iron Works, San Bernardino. On December 26, 1894, Mr. Renwick married 'Mrs. Ella Brinkly, formerly bliss Ella Yager, a native of San Bernardino. bIr. Renwick is a member of the order of Odd Fellows. H. A. REED, of San Bernardino, was born in Otsego county, N. Y., February 29, :? 1S;2. He was the son of Elijah and Julina Miller Reed. There were two boys in the ?' father's family, the other son now residing in Laton, Cal. His school days were passed ir• Laurens, N. Y. He began life by teaching school and working at the carpenter trade, which he had learned. He left New York in 187o and from that time until 1887 was in Middle Iowa and Wisconsin, teaching school winters and working at his trade of carpenter and builder in the summer months. In 1887 he came to San Bernardino, and the six years =a' following he was emploved in the planing mill of the West Coast Lumber Company. Since that time he has been doing a general carpenter and contracting business in San Bernardino. :a HISTORY OF SAN BERN ARDINO COUNTY 6f i c0nmty graduate of the State Normal School He is at present a practicing lawyer of San Bernardino. 'Mrs. Goodcell died at San Bernardino, November, 1885; 'Mr. Goodcell died _llarch 1 i, i9o2, aged seventy-nine. WILLIA'M \'(DONALD, late of San Bernardino, was born of Scotch parentage, in Ireland, 1826. His parents emigrated to America while 11e was very small and settled in Philadelphia. Here the son was educated and learned his father's trade of cabinet-maker, also studying architecture, and worked as a contractor and builder in various places in the east until 181. That year he crossed the plains to Salt Luke and there took a contract for building a mill. the first put up by the Mormons in that city. The fol- lowing autumn he came to San Bernardino, thus being among the earliest settlers in this city. Here lie fiat found employment in a wagon repair shop located in the old Fort. - He then began contracting and building in Los Angeles and in Southern California. Good mechanics were scarce at this time and he found a demand for his services at good wages. In 1857 Mr. McDonald moved yam' to Los Angeles and was the first regular contractor and I / builder of that city. In 1866 he returned to San Bernardino to live. and opened his furniture store, the' first in the city. He k'^ manufactured furniture and carried on •an undertaking business, building the first hearse ever seen in the country. He carried on a large business, his goods go- ing to Los Angeles and other towns. This business lie continued up to the time of his death, in later years ti •+ � '.'l. haying two of his sons associated with him in the es- ; ,J tabli_hment. During his long residence in San Ber- nardino 'Mr. McDonald was closely associated xyith the I_ business and social growth of the place. He was one of the organizers of the old fire company and was its WILLIAM McDONALD foreman. He took an active part in the early poli- tics, although he never sought office. In 18;4 'Ir. .'fc- Donald bought the lot and built the house in which lie and his family lived in for many- years. Mr. 'McDonald married \Miss \Mayer, a native of Staffordshire. England, who came to thi_ country in her childhood. They had five sons and four daughters, all but one of whom was born at the old homestead in this city and all but one residents of San Bernar- dino county. 'Ir. McDonald died January i8, 19o1. LL-CAS HOAGLAN D, of San Bernardino, was born in Oakland county, - Michigal,. January 27. 1827, the son of Abraham and 'Margaret Quick Hoagland. The family were of Dutch descent; his grandfather married a sister of Cornelius Vanderbilt acid emi- grated with diem to New Jersey. His father was born in New Jersey and was captain of a band of local militia that serenaded Lafayette on his visit to this country. In 182.E _ lie emigrated to Michigan, traveling on foot with a knapsack on his back. In 1845 11e re- moved with his family to Illinois and later went to Council Bluffs and thence to Salt Lake. He was a man of strong religious temperament and was a member of the Church of Lat- ter Day Saints, and became a Bishop of the church. Lucas Hoagland was a member of the famous 'Mormon Battalion, but left it oil ac- count of ill health at Santa Fe and went to Salt Lake. In 1849 he came to El Dorado county. California, and in 1842 came to San Bernardino, and bought a forty-acre ranch southeast of town which he still occupies. Mr. Hoagland married 'Miss Rachael Hale of 'Mass., March 1, 1848. She died in 1854, leaving one child, Olive Hoagland. In 1862, Mr. Hoagland married 'Miss Harriet w amford of Cambridge, England. Thev are the parents of six children, Emily, now 'Mrs. William Aldrich ; Luther, Monroe, Truman, Ernest arid 'Maud. BERRY ROBERTS. of San Bernardino, was born in Conway county, Arkansas, September 18, 1836. Hi; father, Jesse Roberts, was of Welch descent, a farmer, and '(tied while the subject of this sketch was an infant. • His mother, Mary Apprin Roberts, was a native of Virginia. r here were six children in the family—Harriet, widow of James who Slinkard, ho lives in Tulare county, Cal.; George Roberts, who came to California in 1830. He was the son of James and Isabella Elliott Knight. He has two brothers—Thomas J. Knight. of San Bernardino, and Andrew Knight, of Humboldt—residing the state. His father was a lumberman. Augustus received a common school education in Maine and removed with the family to 'Manito- woc, Wisconsin, in 1848. There they engaged in lumbering until 18;2, when, with an ox team, they came to California by the northern route and lo- '' cated on Bay,,ay, where they again entered l the lumbering business. r3 - In 1867 -Mr. Knight came south to Los _ li- »� i geles, and for four years worked in the tin mines at Teniescal. He then came to San Bernardino and began freighting with an ox team between Sal; Lernardino and Colorado river points. Later he a{ started a stage line between San Bernardino and Ehrenberg, on the Colorado. He next went to Montana, where he engaged in the saloon business, hauling his liquor from San Bernardino. On his return, he entered into a partnership with Dr. Dickey and they built a saw mill in the mountains, i which was later sold to William LaPraix. \Ir. Knight next embarked in the cattle business, locat- ing at Resting Springs. He has had as high as 23oo head on his ranch, but is gradually going out of AUGUSTUS KNIGHT, Sr. the business nosy. He married Miss Elizabeth Thompson, of San Bernardino, in August, 1861. They have two chidren—Augustus Knight, Jr., who conducts a hotel in Bear Palley during the summer, and Isabella Knight. AL—VA A. WARREN was born in Oakland county, Michigan, in the year 1836. He is a 1 n escendant of the Warren famih of colonial and revolutionary renoiyn. \When he was six years of age his parents removed from '_Michigan and lived consecutively in Indiana, Illinois and Iowa. From the latter state they started for California with ox team, traveling by the way of Utah and over the southern route to San Bernardino. -M-,-a A. I{ Warren soon after Nvent into the northern part of the state and engaged in mining until 1862. when he returned to the family home beyond the Tehachapi mountains. In 18i3 he purchased an attractive piece of land upon the south side of the Santa Ana river, near Colton, where he made himself a home. He also owns an interest in the large mountalli orchard known as the Hicks apple ranch, situated a few miles southeast of Colton. - \Ir. Warren married -hiss Betsy Parks in 1865. Of their family of seven children. HISTORY OF SAN BERNARDINO COUNTY 611 Eleanor died in infancy: Ella (\Irs. Green) was accidentaly killed in a railway di,a,ter near San Bernardino; Olive, Selina, Christina, Charlotte and Alva reside with their parents. \Jr. Warren is a valued and active member of the San Bernardino Society of California Pioneers. ISAAC GRUNDY was a native of Virginia, born in 1814. Ile mined in the lead mines of Illinois and NV isconsin and came to California overland in 185o. He opened the first meat market in San Bernardino and formerly owned the ground on which the court house now stands. He was also interested in mining and discovered the Potosi mine in the Vanderbilt district. Mr. Grundy built the first smelter in Utah, located at the lead mines in Beaver county, Lincoln district. The Smithsonian Institution now has in its possession bars of lead bearing the stamp "I. Grundy." He married Elizabeth, daughter of Samuel Hendricks, a brother of T. J. Hendricks, former vice-president of the United States. ALONZO E. JONES, of San Bernardino, was born at Council Bluffs, Iowa, September 18, 1848. In 1831 his parents removed to Utall, where they remained two years, then came to San Bernardino, reaching this valley June 11, 18;3. They purchased a farm near this city and have ever since resided here. The father died April 4, 1904, at the age of ninety. The son. Alonzo, was educated at the public schools of the county. In 1864 he became a member of the Reorganized Church of Latter Day Saints, and in 1869 was ordained as a minister and wa,s elected assistant pastor of that church in the city of San Bernardino. He resided on the old homestead until 1878, when lie removed with his family to Los Angeles county and remained until 1884. He then returned to San Bernardino and in 1893 was chosen pastor of the Reorganized Church of Latter.Day Saints, which position he still holds. He is also a member of the Pioneer Society. November 6, 1871, \Ir. Jones was married to Miss Elizabeth Catlin. HISTORY OF SAN BERNARDINO COUNTY. i08 nardino. They have five children, Alaggie, -wife of John Parrish, of Yucaipe; Elizabeth, Josephine, Frank, living in Los Angeles and Henry in Mexico. HORACE MONROE FRINK, formerly of San Bernardino, was a native of Living- ston county, New York, born May 315t, 183 . His father, Jefferson Frink, was a musician and an expert drummer. The son learned the trade of a mason. He started westward and moved with the current then setting toward the Pacific coast. He lived at NattyOO, Ill., and later at various points in Missouri. Although never a member of the Mormon church he had business relations with Brigham Young and was one of the first party to reach the site of Salt Lake City in 1847. having driven one of the wagons in the train. The next year he returned to the Missouri river. In 18;2 lie arrived at Hangtown, in California. and in 183 located in the San Bernardino valley. 'He, with a brother, secured 32o acres of land in the San Timoteo valley, at the point now known as El Casco (the Tank). Here they raised stock and in the spring of 1866 sold i3oo head. thus disposing of the business. In 1862, Mr. Frink guided Captain Prentice with a company of United States troops from San Bernardino to the Colorado river at Fort Yuma, and on the way discovered the springs which were long known as Frink Springs and became a watering station on the old trail. He freighted for a number of years between Salt Lake and San Bernardino. In 1,967 he purchased the old Wallace place of 10o acres at Old San Bernardno, which he mad_ his home. He died July 28th, 1874. He was married to Polly Ann, daughter of John Dewitt, in San Bernardino in 1857. Three of their children are now living—Alonzo M.. Marcus L. and Polly Ann, now Mrs. H. F. Gansner. ALONZO 'I. FRINK, of Mission, was born at El Casco station. January 20th, He married Lorana `'an Leuven. daughter of Lewis Van Leuven. They have one child lip ing—Lizzie. 'Mrs. Leonard Bahr, MARCUS L. FRINK. of Mission, was born at Old Sari Bernardino, March 14tll. 186o. In 1880. Ile married Caroline Wilson. They have four children, Lena A., Amy, _Hilton I.. Howard L. 1 LOUIS WELLS, of Rincon, w'ati born in Odell, Ill., August 1901, 1879. He is a son of Lloyd Wells, now of Riverside, and owns a general merchandise store and is postmaster at Rincon. He married. June 26th, 19o1, �Ii;s Linda, daughter of the late Fenton lt. Slaughter, a pioneer of the county. EDP STILES. of San Bernardino, was born at Spanish Fork, Utah, April 2nd, �..- IS-)— He of s Stiles, a farmer, born in Maine. His mother's maiden name 'was Rebecca Wood O'Brien. The family crossed the plains a few months after his birth and settled in San Bernardino in 1838. There were seven children in the family, -three girls and four boys, of which one daughter and two sons survive. Thev are, Mr. Rosetta Spark;, wife of Eli Sparks of Anaheim: W. E. Stiles, a rancher on Base Line, and the sub- ject of this sketch. Edward I. Stiles. After leaving home Edward I. Stiles went to worn: hauling lumber from the mountains and freighting in the frontier counties of the state. Ten years ago he purchased a ranch. since which time he has given his time and attention to its management. Mr. Stiles married Miss Annie Pasmore. daughter of E. H. Pasmore, January 1st, 1891. They have one child, a daughter. Mr. and Mrs. Stiles are member of the Foresters. JAMES' HEAP was born at Council Bluffs, Iowa, November 6th, i83o, the son of William and Barbara Heap, and one of a family of eight childrei, all residents of California- Perley, Mrs. Mary R. Kellar and Mrs. Webster Vale in San Bernardino; Joseph, Riverside; Alfred, in San Bernardino mountains; Mrs. Belle Dunlap, Redlands. The father came to San Bernardino in 18J4 and located on a tract of fifty-six acres, part of which is still the "home place," occupied by the family for forty-seven years, and now the residence of Jame= Heap. James Heap attended school in San Bernardino. For a number of years he was engaged in freighting, hauling lumber from the mountain with a three yoke ox team and hauling from Ivanpah and Ft. Yuma. In 1879-8o, he began boring wells and followed this occupation for nine or ten years. He bored many wells in the vicinity of the city, and for the city and the Railroad company, and was considered an authority is this business. He was obliged to give it tip on account of his health and since that time has devoted himself to the culture of his ranch of twenty-four acres. Heap married Miss Abigail Martin, of San Bernardino in 1878. They have had a HISTORY OF SAN BERNARDINO COUNTY 78 sprin- of IS8'8. he ])()Light ten acres of unimproved land at Rialto which lie has set to Navels, sweets and lemons. In 1893. lie married 'Miss Mariah Allen, daughter of Wni. Lane. of San Bernardino. They have three children, Ralph A. Ruth L., Alida 'M. 'Ir. Myers is a member of the 'tacca1)eez T RE'MIAH L. 11 VI'TER of East Highland, was born near Canton, Ohio, Septem- ber II, I��j, tie ion o in and Mary Baumgardner Hattery. "the family were of old Vir- ginia stock, the grandfather, Andrew Hattery, one of the pioneer settlers of Ohio. The father was a contracting carpenter by occupation. J. L. Hattery spent his boyhood in and about Canton. At the age of IS he enlisted in 169th Ohio Infantry Vole unteers as a private and served one year and a half— unt it the close of the conflict. He was in the Army �j of the Potomac under Grant. At the end of the war he returned home and engaged lit farming. In 188; he came to California and soon located in East Highland. In i889, he purchased his present home, forty acres beautifully located at an elevation of 1600 feet. He is at present a deputy county assessor. He is actively interested in the Southern California Vet- ''"` erans' Association and has been commander of tlii; organization and is a past commander of W. R. Corn- man Post. of San Bernardino. llr. Hattery was married in Wavile county, Ohio, �-, in 1866, to 'Miss Mary Barnhart, a native of Ohio. llrs. : .� 1` '�_ Hattery was a school teacher before marriage. She is Greatly interested in the work of the Veterans' Asso- ciation and was president of the Ladies' Auxiliary of y ' ` that body. t Mr. and 'Mrs. Hattery have four living children: Etta. '1rs. Melton; LeNvis O., Bessie E., Rollin Eddison. LEWIS O. HATTERY is a native of `Wayne county, MRS. J. L. HATTERI' Ohio, born August 17, 1869. He is a contracting car- penter and also a fruit grower. He was married De- ceniber 22, 1897, to 'Liss 'Mary, daughter of Charles Y. Tyler, of East Highland. They have two children, Ona Julia and Charles Lew•i_. WILLIA'M T. HENDERSON, of East Highland, was born in Illinois, December 21, iS;o. the son of Robert Huston and Elizabeth McKenney Henderson. His father, a native of Lexingtnn. Kentucky, was a pioneer settler of Indiana and moved to Illinois in IS43- He had a fancily of ten sons and three daughters, the sons all men of fine proportions over six feet ir. height and massive in form. The father used to declare that he had over sixty feet of boys. IIe w•as himself six feet two in his stocking feet. In the fifties the family emigrated to Iowa and settled on the Cedar river in Benton county. William T. Hender- son spent his youth here on a farm. In IS67, he went to Harrisonville, Cass county, Mis- souri, and in 1876, carte to Riverside, California, when that town was in its infancy. In 1880, he located in East Highlands where Ile owns a navel orange grove of twenty-six acres, has erected a packing house and occupies a beautiful home. Mr. Henderson married -Miss 7,arissa Ellen Watson, daughter of 'Mrs. Rebecca Watson. They have four children, Turey, Robert Huston, a graduate of the State Univer- sity and teacher in the, High School at Vacaville; Cora B., Elbert 'Mathis. By a former marriage, 'Mr. Henderson has one son, Harry Coots Henderson. SETH HARTLEY. of Colton, was born in Los Angeles, August 6, 1872. He is the son of Capt. Charles T. Hartley, one of the founders of Riverside.colony. Capt. Hartley en- tered the army at Cedar Rapids, Iowa, and served four years under Grant. He was cap- tain of Company H, 22nd Iowa Volunteer Infantry. In 1863, he married Miss Leonard. of -Marion, Iowa, and immediately came to California, He drove sheep onto the Jurupa Grant and traded with Louis Robidoux for land, receiving one acre for each sheep. In this Nvav he secured several hundred acres, including the arroyo where the old Hinh School and Chinatown now stand in Riverside. In IS79, lie located in Colton and engaged in farm- ing. He died 'Iav 3, i8S7, leaving a small estate and a widow and three children. Alicc I HISTORY OF SAN BERNARDINO COUNTY 389 elegantly finished in marble, mahogany and plate glass. In the same year, Sumpter F. Zombro became cashier, a position he still holds. The paid up . stock of the bank has been steadily increased from $30,000 in 1881 to $foo,- 000 in 1593. It was the first incorporated bank in the county and has al- ways commanded a large volume of banking business. The present officers are. John Andreson, Sr., president; James Fleming, vice-president; S. F. Zombro, cashier ; Jolin Andreson, Jr., assistant cashier. First National Bank of San Bernardino. This bank was instituted in iSS6 with a paid up capital of sico,oco and with J. H. Smith, president: 1i. B. Garner, vice-president, and � . N. Crandall, cashier. Directors were Joseph Bro�yn. H. Brinkmeyer, J. A. Hall, W. N. Crandall, W. J. Curtis, J. B. Good- let, 11. B. Garner, J. H. Smith, John M. James. In 1587 a considerable flurry and a run on the bank occurred as a result of' some misunderstanding among the ztockholders. In .1894 the bank closed its doors with the announcement that stockholders could be paid in full. John Brown, Sr., was then presi- dent, B. Garner, vice-president, and O. H. Kohl, cashier. After long delay, many disappointments and much legal untangling, the affairs of the bank were finally closed up in 1899, depositors re- ;, ' ceiving about 62/ per cent of their deposits. San Bernardino National Bank. This bank v,as formed in iSS7 and opened for business Februar- 4 1SSS, with J. G. Burt, president: A. H. Hart, vice-president; E. H. Morse, cashier; W. S. Hooper, teller. It was established in ele- gant quarters in the Stewart Ho- tel Block. Some of its records ,were destroyed in the fire of 189?, but the bank was in no way crippled and resumed business in the new Stewart Hotel Building JOHN L. o,AKEY when that was completed-quar- ters which it still occupies. Among the early- stockholders were Ambrose Hunt, I. R. Brunn, Richard Gird, J. G. Burt, C. E. A. Palmer, J. W. Davis, Seth Marshall, H. L. Drew, E. H. Morse, A. Hart; Henry Goodcell, Sr., W. S. Hooper, Richard Stewart, W. E. 'W. Lightfoot, L. A. Grant, John r Patterson, W. W. Sto«•, T. W. Roberts, H. E. Harris. 1 .--1 1 , r � •L v �� i >>^" O U v :1 V — � C: i,� r ^J r � •'y O V " V � V i r L^; � L^•' � yr U L '�G L r r�. .0 L L — .+,1-1^ L ^ � L L, v M a.+ `"-.,r' ~r-. L._ � V• CIi f�., U y L. r ' O' i w o� y r— " u v _ O ►r C .. r, r, _ v v v u •n.; v.^ v 0 p u b4'- v i r C tY bb 4. O y .= 00•� V... G% O u O— o: r~-O v r v .J u•L G."-— � r u v: � v. r r _ •r. v� v � (�+ � _ O _ cn V) =. r.U ' b4^ a ` � r v ,ry c " > to•� ^c�v'v O L _u r. 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CJ O ct L v L rZ^_ u � ,n v. u p x v, >,d O-- tyy (� v �u _ >a o - v w 3aJ r y o u = O_ GO �+= ^= L O c - n`% a �,. v p r r "^ooZ— c� i, _ -u C 3 C �+O o cow oG :t bk-•n :� U O v _ r•'•.. ``� v ..^ G%-� v vi - U > V " r Jui C—�'r _ r v bA O.>., O i b4 �' O L , 1 U!Z C L _i r L v. -3 cC' Z O = v Or ct O � L _U �i v L;'r y v^..�r•L >'L v O �•y G_ ,n ..y.. `L _ C W L G^ O .S w C c3 O v .rr.. •. v O�. i. v, v. p C3 Z, v Ln �-+ r O v O V '7 `7 r o - Zp i v � r L i o �� u C .V-�''"" >,Q f-7` ,�•^""' >.u r r v '� �y v 'C �+"�'t.N(�cz rC.. '� C v L ,= j.J,.� r '. O y c� .U.+ a� r" v t•''V L J >,�G ' O_: i •r. w'v° y-- C""��ti ^� C- v v > e'..r,�.'J�ry �W�u V r rVi '-p'� (;a. o �� u_ - v Q cy r % v -' C c"0.= v w(/] O -�0 O^ bo V - r '!:�� ` > \o =C C W�h� a r C-. v n a,^— C. '•:••. I�w,� ' L >.>,c, yl,•'y.^G L _,;! J >,=�— >.i .. Q r c 00 p" (,� r' 'O br,^' v O Z: O c„= ,i;— C r �.-, _�'C Nr�'*" i" bo C W ^ G i bio.� y - -�^ = � v0urrcr � = v L � cl v:— v G'�T J_-. un�'_� �w iw o v , + C ,r�• r G C• cd O > C v cy V. .:'ti v ;.� — c br,-,�� ti's r(•�' o .a•° � .«_. �.'_'.�' r �7� 3 j � ✓ y� i3 {. 4lL µ.QS u fia E`er. '��z tt. 'T,l t •- - N? 25652 PRANK C.IOO'RDD)RN.Secretary of State. FRANK R.CORY.Deputy. ilk DEPARTMENT OF STATE 7, FRANK C. JORDAN, geeretary of j7tate of the gate of 0alijornia,do hereby certify that Shave carefully compared the annexed copy of %7rticles { Of917corporation of..................................................................................................................... ......................................................tornRY..THnUM..c.a:ZQ%IX..... ............................ with the certified copy of the original now on File in my office, and that i the same is a correct transcript therefroat, and of the whole thereof. �fflso that this authentication is in due form? and by the proper officer. ctrjess my hand and the Grezt �7eal of �4-ate, at office in acrame^to altjcrn a, the_.___13ti:. ... --u of f / i �. 0eruty. 1 ARTICLES OF INCORPORATION 2 of the 3 ROTARY TRACTOR COLSP a grow all men by these presents: That we, the s s of the undersigned, all of whom are citizens and resident fi voluntarily associated State of California, have this day 7 a corporation ourselves together for the purpose of forming a under the laws of the State of California. 9 AND n, HERnBY CERTIFY: 10 First: That the name of said corporation shall be 11 ROTARY TRACTOR COMPANY- 12 Second: That the purposes for which it is forme 13 are: 14 (a.) To make, sell and otherwise dispose of Z 15 engines, vehicles and Rotary Tractor engines, motors, 16 v` machinery of every kind and description and to engage in -_� 17 ;gym a general manufacturing business. m 18 exchange or other (b•) To acquire by purchase, 19 lawful modes and to hold, own, sell and deal in and otherwise zo of every 2 1 acquire and dispose of real and personal property kind. _z (c,) To hypothecate, pledge or mortgage any and - 23 =i all prrty belonging to said corporation; to borrow and F 24 al give and take se- loan money, with or without security; -, curity therefor and to take any and all kinds of mortgages, 2v to ae- pledges s A security of real and personal property cure loans or sales made by it an s d to use all lawful means for the collection of moneys due said corporation. z'1 urchase, exchange - (d,) To take and acquire by purchase, in and or other lawful modes, and to hold, own, sell, 31 otherwise acquire and dispose of the capital stock and bonds ;2 1 of this and other corporations. fix. 2 (f.) To promote, maintain, do, perform, execute, .•z 3 acquire, own, hold or dispose of each, all and everything a incidental to or necessary, convenient or proper, in the 5 ,judgment of the Board of Directors for the time being, to 6 carry out or perform any of the matters, things or purpoees'v* 7 aforesaid or incidental thereto, or connected therewith; S to exercise or acquire any patents, rights, franchises or 9 privileges which may be deemed necessary, requisite, useful 10 or convenient, incidental or auxiliary to any of the pur- 11 poses, objects or things therein, or that, in the judgment 12 of its Board of Directors, may tend to advance the interests 13 of the corporation directly or indirectly. ! 14 (f.) To make application for and patent copy- Z � 1.5 rights or otherwise paotect any ideas, device or contrivance 16 whether used in connection with the making or ma.kufacturing 17 of any machinery or other things made or manufactured by this -C �<m 18 corporation or otherwise. n 19 (g.) To do such other business of whatever nature 20 or kind and in such places, as the Board of Directors may, 21 from time to time, by BY-LAWS, Resolutions, or otherwise 22 determine. 23 Third: That the place where the principal business 24 of said corporation is to be transacted is the City of San 25 Bernardino, County of San Bernardino, State of California. 26 Fourth: That the term for which said corporation 27 is to exist is fifty years from and after the date of its 28 incorporation. 29 Fifth: That the number of Directors of said A corporation shall be five and that the names and residences 31 of the Directcrs who are appointed for the first year, and ;� to serve until the election and qualification of such officers I are as follows, to-wit: Names. Residence. 3 Marion Nett, San Bernardino, California. 4 Frank 7% Nett, San Bernardino, California. s Carl F. Linderoth, San Bernardino, California. 6 Fred H. Nett, San Bernardino, California. I 7 A. J. Forbees, San Bernardino, California. i R Sixth: That the amount of the capital stock of 9 said corporation is Two hundred thousand ($200,000.00) 10 Dollars, and the number of shares into which it is divided 11 is Two Hundred thousand (200,000) Shares, of the par value 12 of One Dollar each. 13 Seventh: That the amount of said capital stock 14 which has been actually subscribed is One hundred thousand is -3� One hundred ($100,100.00) Dollars, and the following are the names of the persons nk by whom the same has been sub- -?c 17 scribed, to-wit: a is Name No. of Shares. Fount. 19 Marion Nett, 25,000. $25, 000.00 20 Frank W. Nett, 25,000 $25,000.00 zl CarlFLinderoth, 25, 000 $25,000.00 ate of (Wifurnitt, Qlauuly of ban Irruarbino, t On this-----46_4.�—____day of-----.._._Maxokx--------------------in the year of our Lord one thousand nine hundred and :hirtZB11--.,before me,$.RLPH E. SLUING, a Notary Public in and for said County of San Bernardino. e of California,residing therein,duly commissioned and sworn,personally appeared -----------------------Mar-ion_'?ett,__Frank_"1,_ 7 inderoth_-and--A--,T.--Forh ess,----------------------------- - known to me to be the persons--whose names-----------arE---------------_subscribed to the within instrument,and _their-acknowledged to me that t_he v-executed the same. In Witness Whereof, I have hereunto and and aff' d fk seal the day and year in this Certificate first above wr, n. my m -- Notary Public and !hr Counfy o----f San---Btrnar- ---- di--na------ ,Sfatt a/CaGfo� ' My Commission Expires January 24, 1915. I are as follows, to-wit: 2 Names. Residence. 3 Marion Nett, San Bernardino, California. 4 Frank "1. Nett, San Bernardino, California. 5 Carl F. Linderoth, San Bernardino, California. Fred H. Nett, San Bernardino, California. A. J. Forbess, San Bernardino, California. B Sixth: That the amount of the capital stock of 9 said corporation is Two hundred thousand ($200,000.00) 10 Dollars, and the number of shares into which it is divided it is Two Hundred thousand (200,000) Shares, of the par value 12 of One Dollar each. - 13 Seventh: That the amount of said capital stock 14 which has been actually subscribed is One hundred thousand '- 15 Z; One hundred ($100,100.00) Dollars, and the following are -�� nFO 16 the names of the persons Lek by whom the same has been sub- 17 scribed, to-wit: Name No. of Shares. Amount. ly Marion Nett, 25,000. $25,000.00 20 ., Frank W. Nett, 25,000 $25, 000.00 21 CarlFLinderoth, 25,000 $25,000.00 ` '2 Fred H. Nett, 25,000 $25,000.00 A. J. Forbess, 100 $100.00 IN WITNESS M=OF, we have hereunto set our hands and seals, this -"44_"-day of March, 1913. � • � Fes,.,, -' i X06 25652 FRANK e. JORDAN. Secretary of State. FRANK R. eORY. Deputy. DEPARTMENT OF STATE ( FRANK C. JORDAN, Pecretary of.5tate of the gtate of 0alifornia, do hereby certify that ghave carefully compared the annexed copy of grticle.5 Ofhcorporation of-------------------------------------------------- -------------------------------------------------------ROTARY..TFACT.QFi...CCZ;�PI►I'Y. .... ...................... with the certified copy of the original now on File in my office, and that the same is a correct transcript therefrorq, and of 'lie whole thereof. also that this authentication is in due form and by the proper officer. `F&?ess .any hand and the great G7eal ^f �7 ate, at office in gacraMe:,to, tn'e.........iztiL............u�a✓ of j �......... Ircre and of date. eput j. NEW- 1 ARTICLES OF INCORPORATION i 2 of the ' 3 � ROTARY TRACTOR CCUPANY• 4 Know all men by these presents: That we, the 5 undersigned, all of whom are citizens and residents of the 6 state of California, have this day voluntarily associate ourselves together for the purpose of forming a corporation s under the laws of the State of California. 9 AND IE Y CERT IFY: 10 First: That the name of said corporation shall be 11 ROTARY TRACTOR COMPANY. 12 Second: That the purposes for which it is forme 13 are: 14 (a , ) To make, sell and otherwise dispose of 1s c Rotary Tractor engines, motors, engines, vehicles and f� 16 machinery of every kind and description and to engage in 17 a general manufacturing business. n is (b . ) To acquire by purchase, exchang e or other 19 ti�ful modes and to hold, own, sell and deal in and otherwise 20 la ..t acquire and dispose of real and personal property of every kind. 22 (c . ) To hypothecate, pledge or mortgage any and 21 4 all property belonging to said corporation; to borrow and loan money, with or without security; to give and take se- 25 curity therefor and to take any and all kinds of mortgages, ^6 to se- 27 pledges and security of real and personal property cure loans or sales made by it and to use all lawful means 2s for the collection of moneys due said corporation. 29 (d. ) To take and acquire by purchase, exchange 3o deal in and or other lawful modes, and to hold, own, sell, otherwise acquire and dispose of the capital stock and bonds 32 4- 40 1 of this and other corporations. t - x 2 (f. ) To promote, maintain, do, perform, execute, 3 acquire, own, hold or dispose of each, all and everything 4 incidental to or necessary, convenient or proper, in the s judgment of the Board of Directors for the time being, to 6 carry out or perform any of the matters, things or purposes""'— 7 aforesaid or incidental thereto, or connected therewith; 8 to exercise or acquire any patents, rights, franchises or 9 privileges which may be dee:ied necessary, requisite, useful 10 or convenient, incidental or auxiliary to any of the pur- 11 poses, objects or things therein, or that, in the judgment 12 of its Board of Directors, may Lend to advance the interests 13 of the corporation directly or indirectly. 14 (f. ) To make application for and patent copy- z ,j l; rights or otherwise protect any ideas, device or contrivance f F U 16 whether used in connection with the making; or makufacturing e � w 17 of any machinery or other things made or manufactured by this is corporation or otherwise. 19 (g. ) To do such other business of whatever nature 20 or Lind and in such places, as the Board of Directors may, 21 from time to time, by BY-LA`'IS, Resolutions, or otherwise 22 determine. 23 Third: That the place where the principal business 24 of said corporation is to be transacted is the City of San 25 Bernardino, County of San Bernardino, State of California. 26 Fourth: That the term fp'r which said corporation 27 is to exist is fifty years from and after the date of its 28 incorporation. 29 Fifth: That the number of Directors of said ;0 corporation shall be five and that the names and residences 31 of the Directors who are appointed for the first year, and to serve until the election and qualification of such officers ............ 1 are as follows, to-wit: 2 Names. Residence. 3 Marion Nett, San Bernardino, California. 4 Frank �7. Nett, San Bernardino, California . 5 Carl F. Linderoth, San Bernardino, California. 6 Fred H. Nett, San Bernardino, California. N, 7 A. J. Forbes, San Bernardino, California. i 8 Sixth: That the amount of the capital stock of 9 said corporation is Two hundred thousand ($200, 000.00) 10 , Dollars, and the number of shares into which it is divided 11 is Two Hundred thousand (200, 000) Shares, of the par value 12 of One Dollar each. 13 Seventh: That the amount of said capital stock 14 which has been actually subscribed is One hundred thousand d 15 <w One hundred ($100, 100.00) Dollars, and the following are 16 ; Z the names of the persons xk by whom the same has been sub- 'fi _ xc 17 c scribed, to-wit; 18 Name No . of Shares. Amount . 19 Marion Nett, 25, 000. $25, 000.00 20 y, Frank W. Nett, 250000 $258000.00 21 CarlFLinderoth, 25, 000 $258000.00 Itt of (ItI ifort in, (IIounfg of ban 38rruarbino, On this-----�6_�----day of-----_____Marc)l--------------------in the year of our Lord one thousand nine hundred and -hirt.e.ell—, before me, P,,gLPH E. SWING, a Notary Public in and for said County of San Bernardino, e of California, residing therein, duly commissioned and sworn, personally appeared ---------------------------Max-iQn??ett,--YraaR_-'"'.-Nett rP - --- --a-H-= -Net-t� ------ -Linder-o th--and--At-Z.--Fo-rb eae-.------------------- - --------------------- known iv Fne to be the persons-_ whose nameB-----------are----------------subscribed to the within instrument, and--they- acknowledged to me that t_he v- executed the same. In Witness Wizereof, I have hereunto my and and aff' d m fic' seal the day and year in this Certificate first above wr' n. S the County of San Bernardino, Slale of Califo Nolar Public and ---- ---------------------- My Commission Expires January 24, 1915. I are as follows, to-wit: 2 Names. Residence. 3 Marion Nett, San Bernardino, California. 4 Frank W. Nett, San Bernardino, California . 5 Carl F. Linderoth, San Bernardino, California. 6 Fred H. Nett, San Bernardino, California. A. J. Forbess, San Bernardino, California. s Sixth: That the amount of the capital stock of 9 sa.id corporation is Two hundred thousand ($200, 000.00) 10 Dollars, and ' the number of shares into which it is divided 11 is Two Hundred thousand (200, 000) Shares, of the par value 12 of One Dollar each. 13 Seventh: That the amount of said capital stock 14 which has been actually subscribed is One hundred thousand - �� One hundred ($100, 100.00) Dollars, and the following are a' 16 w j the names of the persons xk by whom the same has been sub- Z . - � 17 scribed, to-wit: r 15 Name No . of Shares. Amount . 19 Marion Nett, 25, 000. $25, 000.00 20 �. Frank W. Nett, 25, 000 $250000.00 21 CarlFLinderoth, 25, 000 $250000.00 Fred H. Nett, 25, 000 025, 000.00 A. J. Forbess, , 100 $100.00 IN WITNESS 11&=OF, we have hereunto set our t hands and seals, this 14 P(-day of March, 1913. F ARTICLES OF INCORDO-RATION Or 1 I. The undersigned, a majority o_" whom are residents are', citizens of the State of California, have voluntarily as- n sociatod themselves together for the purpose 01 forliinJ a Cor- poration: under tho law-c of the State of California and declare The name of the Co7z orat ion shall bee OL The purl-oscs Iior which this Corporation is :ion-ned is to luy and sell rail?;, cream, 'WUu A. arCl chceso arc.- ,zia u- i� - - and �h Purchase ` , factarc an.'I sc� "butter an �se. , rent, use znc_ hold person al pro;er+t y can di real es tate r ,ceasary or: th,'� t~an n � t r .— 'buying, r �7nL r n sol j nr, I; sa t.io'rl o< ,iltJ Zl1:J]r?ew� of ina:lulu .�u_ _r_� ar_c. �� i1.V b 1 cry 1-110 CSI("'. The lace of tranzactir.� the ,.rincipal l,usi�less of P _ tl;i_ ,0 "1i0_c:t1o_. 1., ,� J: gib_ :r,Y .1..o J j This, Cbr—prati or. --hall er_i st for term+ or fifty years. The nit:lber of directors that shall manage its uusi.- ncss shall be f_ve and tho names arrt residences of those wno shall be ap?oirtod Tor the first year are- Names, Rosiac1100s. An 1 The amount of its Capital Mock is six thousand dollars, c?ivid(YI into 26) snares of the. par. value of Do l I a-11�. The amount of Capital Stock actually s7.fi)-scribcd is Dollars, by the followin,: T.a] c . Residcrco. Amount. . 'I J. S. Puzety, Sa.. Bernan'lino, Cal_!- o_r:ia. 6100.00 i � UibMo pia nt, " 100.UO 11 11 ` L . L. 'Dea�-,4LnS 100.00 I li E. Cooley, 11 " 100.00 �I Jamcs t c;Tra=t , " 100.00 John IT-dersor., it 100.00 i' S. L. GTrm , " 11 100.00 �I T It 11 Jm,ics __. Dbya, 100.00 li Jos. Lavrson, it 100.00 I� S. Barr�cs, " 100.00 I. D. Clark, it 100. 00 i'im. Somers, 11 100.00 J. F. Beam, t1 1► 100.00 II L. Morse, 100.00 E. J. llarks, " 100.00 J. H. & J. T. Di cnsor, 11 100.00, i D. G. VvIdtkol, 11 100.00 C. Mettler, .1 100.00 J. H. Patton, 100.00 Peter Filane, 100.00 'f �� /02f7ov J. D.L . Gooch et, " " 100.00 i. E. C. Lockard , San Bernardino, Cal --ornia, ��100.00 S. F. Kelley, " 100.00 I P. IA. Brae orc_, n 100.00 H. L. Peck, " " 100.00 Smith Haile, 100. 00 Colbert u Stovenson, 100.00 Alex. Keir Jr. , 100.00 i F. E. Allen, 100.00 J. L. Hautery, 100.00 R. McInerny, 100.00 A. E. Jonas J-1-. , 100.00 A. M. Hain, 100.00 • � , u n A. 1',T� u GI10-,n, 100.00 !; T. F. Snelson, 50.00 H. r. Rabcl , " 50.00 100 ('(` Den Davi s, 100.00 i Goo. Cooley, " " 100.00 C. E. D'ishor, " " 100. 00 J. H. Hat herly, 100.00 A. McCrary, 100.00 Ed. Stiles, If 100.00 Holstein Dairy by fialdo S. Waterman, is " 100.00 John E. Light , 100.00 Geo. M. Cooley, 100.00 N. A. Richardson, '.60.00 1 . ,�l A. ri arrr� 100.00 c % ?, Vim/ ) g ' r,•-L, rr . i � r 1 { i f i 1 C. A. 1:11-iscott, San 3e--^nay-r'1ino, CaI _-'ornia, 50.00 r. A. Poole, " " 50. 00 S. A. Poole, '► " 50.00 T. 0. Carter, 100.00 Mrs. A. Carter, 50.00 Liu fcan Hoagland, 50.00 0p.rte i In Wi tnecs 1.71crco , Tm have nerowito set our hands this 29th day o August, 1395. I i i I I !� it Ii 1 • i I I I ( i State of California, UU. 1 • � ;