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HomeMy WebLinkAboutContracts & Agreements_13-2004_CCv0001.pdf Recorded in Official Records, County of San Bernardino 2105/2004 LARRY WALKER 12:05 PM Auditor/Controller — Recorder SR2 x - R Regular Mail Recording requested by and when recorded mail to: Doc#: 2004-0090800 Titles: 1 Pages: 15 Fees 0.00 City Clerk Taxes 0.00 Cluj of Redlands Other 0.00 PAIo $e.00 P. O. Box 3005 Redlands, CA 92373 AGREEMENT FOR ANNEXATION AND PROVISION FOR CITY UTILITY SERVICES FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 This Agreement for Annexation and Provision of City Utility Services("Agreement")is made and entered into this 3"day of February. 2004, by and between the City of Redlands, a municipal corporation organized and existing under the Iaws of the State of California("City")and the Zigrossi Family Trust, ("Developer"). The City and Developer are sometimes collectively referred to herein as the"Parties." RECITALS WHEREAS, to provide for orderly planning, the City (1) has the authority pursuant to Government Code Sections 65300 and 65301 to include in its General Plan property outside its boundaries which is in the City's sphere of influence or which in the City's judgment bears a relation to its strategic planning, and(2) also has the authority pursuant to Government Code Section 65859 to pre-zone property within its sphere of influence for the purpose of determining the zoning designation that will apply to such property in the event of a subsequent annexation of the property to the City; and WHEREAS, Developer has provided evidence, satisfactory to the City, that Developer is the fee owner of the property comprising San Bernardino County Tentative Parcel Map No. 15941,which is located in an unincorporated area within the City's sphere of influence(the"Property")and which the Developer intends to develop as a single family residential development; and WHEREAS,Government Code Section 56133 authorizes the City to provide new or extended services by contract outside its jurisdictional boundaries if it first receives written approval from the Local Agency Formation Commission for San Bernardino County ("LAFCO"), and provides that L.AFCO may authorize the City to provide such services within the City's sphere of influence in anticipation of a later change of organization; and WHEREAS, the City's General Plan and Chapter 13.60 of the Redlands Municipal Code establish policies and procedures for the approval of City utility services to development located within the City's sphere of influence and require,among other things,the owner of the property to be served to enter into an agreement and record the same in the official records of the County requiring the owner to annex the property to the City upon certain conditions; and !,Planning',JO[INI',IISC`lpaa03-03 Zigrossi.wpd 1 WHEREAS, the City has prepared a General Plan for the unincorporated area in which the Property is located to provide for the orderly planning of such area and has determined that the Property is consistent with the goals and policies of the City's General Plan and the development standards of the Redlands Municipal Code; and WHEREAS, it is the policy and goal of the City to discourage and not facilitate development in the City's sphere of influence which is unwilling and/or fails to comply with the City's General Plan and the City's development standards by refusing to extend utility services in such instances;and WHEREAS,pursuant to the requirements of Chapter 13.60 of the Redlands Municipal Code and in consideration for the City's agreement to extend utility services outside its jurisdictional boundaries to the Property, Developer has entered into this Agreement to provide assurances to the City that development of the Property will occur in accordance with the Redlands General Plan and the Development Standards of the Redlands Municipal Code,and that the Property shall be annexed to the City in accordance with this Agreement's terms, provisions and conditions; NOW, THEREFORE, in consideration of the mutual -ovenants contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged,the City of Redlands and the Zigrossi Family Trust agree as follows: AGREEMENT 1. Recitals, The foregoing recitals are true and correct. 2. Definitions. The following terms when used in this Agreement shall have the meanings ascribed to them: a. "Agreement" means this Agreement for Annexation and Provision of Utility Services. b. "Annexation"means the procedure for a change of organization or reorganization set forth in the Cortese-Knox Hertzberg Local Government Reorganization Act of 2000(Government Code sections 56000 et c. "Developer"means the Zigrossi Family Trust and their successors-in-interest to all or any part of the Property. d. "Project"means the improvement of the Property for the purposes of constructing a maximum of three single family residential dwellings, pursuant to existing project approvals. e. "Existing Project Approvals"means Tentative Parcel Map No. 15941,its conditions It, 01 of approval issued by the County of San Bernardino as of the effective date of this Agreement and as described in Exhibit"A"attached hereto and incorporated herein by reference, and those certain project approvals in effect as of the effective date of this Agreement with respect to this Property, f. "Property"means the real property owned by Developer which is more particularly 1:\.Plannine\JOIIN1%IISC",,paaO3-03 Zigrossi."Td 2 described in Exhibit "B", attached hereto and incorporated by this reference. 1 Provision of Utility Services. The City agrees to provide utility services to the Property consistent with the terms and conditions of this Agreement, provided that the Project complies with all rules and regulations of the City governing the extension and provision of utility services to properties located outside the City's boundaries at the time a request by Developer for application for a water and sewer connection is approved by the City's Municipal Utilities Department. Nothing herein represents a commitment by the City to provide such services unless and until Developer complies with all such rules and regulations. In accordance with the voter- approved General Plan amendment known as Measure "U," Developer agrees to pay, as a condition of approval of an application for water and sewer connection and prior to receiving any services,the full cost of such services as established by the City for the extension of utility services to the property, 4. Agreement to Develop by City Standards. In consideration of the City's agreement to provide City water and sewer services to the Property, Developer shall develop the Property in accordance with the Redlands General Plan, the Development Standards of the A-2, Estate Agricultural District of the Redlands Municipal Code, and all other applicable provisions of the Redlands Municipal Code. 5. Agreement to Annex. In consideration of the City's agreement to provide City water and sewer services to the Property, Developer hereby irrevocably consents to annexation of the Property to City and agrees it shall take any and all reasonable and necessary actions, and fully and in good faith cooperate with City,to cause the annexation of the Property to the City. Developer and the City agree that in the event City initiates an annexation of the Property, the City shall be responsible for the costs of such annexation. In all other instances where the annexation of the Property is proposed to the City, Developer shall be responsible for such costs. 6. Monetary Consideration For Service Extension. Concurrent with the City's extension of services to the Property, Developer shall pay to the City, as a condition of receiving such services in accordance with the voter approved amendment to the City's General Plan known as Measure"U", a sum equivalent to all capital improvement and other development fees which would be applicable to the i Property if the property was within the City limits at the time of extension of the services. cM 7. Taxes and Assessments. Developer hereby consents to the imposition of' and agrees Developer shall pay, all taxes and assessments imposed and/or levied by the City which may be applicable to the Property at the time the Property is annexed to the City. 8. Recordation, By entering into this Agreement, Developer and the City acknowledge and agree that,among other things,it is the express intention of the Parties that any and all successors in interest, assigns, heirs and executors of Developer shall have actual and constructive notice of Developer's obligations under, and the benefits and burdens of, this Agreement. Therefore, this Agreement and any amendments hereof,shall be recorded in the official records of the County of San Bernardino. Developer further agrees that City shall, at the sole cost of Developer, have the right to cause the recordation of this Agreement. 9, Breacl-L/Fai lure to Annex In the event Developer fails to comply with its obligations I\Plannis,,g'JOIIN"MIS(",paaO3-03 Zilgrossi,wpd 3 under this Agreement or takes any action to protest, challenge, contravene or otherwise breach any of it obligations or representations under this Agreement,the City shall have the right to,without any liability whatsoever, cease the provision of City utility services to the Property. This right shall be in addition to any other legal or equitable relief available to the City. M Not a Partnership. The Parties specifically acknowledge that the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership,joint-venture or other association of any kind is formed by this Agreement. The only relationship between the City and Developer is that of governmental entity regulating the development of private property and the owner of such property. 11. Indemnity and Cost of Liti2ation. a. Hold Harmless - Project. Developer agrees to and shall hold the City, Its elected officials, officers, agents and employees free and harmless from any and all liability for dama-e or claims for damage for personal injury, including death, and claims for property damage which may mise from the operations, errors, or omissions of Developer or those of its contractors, subcontractors, agents, employees or any other persons acting on Developer's behalf which relate to the Project. Developer agrees to and shall defend, indemnity and hold harmless the City, its elected officials, officers, agents, employees and representatives from all actions for damages caused or alleged to have been caused by reason of Developer's acts,errors or omissions in connection with the Project. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of Developer's or its representatives' acts,errors or omissions regardless of whether or not the City supplied, prepared or approved plans or specifications relating to the Project and regardless of whether or not any insurance policies of Developer relating to the Project are applicable. b, Third Party Litigation Concerning Agreement. Developer shall defend,at its expense,including attorneys'fees,indemnify and hold harmless the City,its elected officials,officers, agents and employees from any claim, action or proceeding against any of them to attack, set aside, void or annual the approval of this Agreement or the approval of any pen-nit or entitlement granted in furtherance of this Agreement. The City may, in its sole discretion, participate in the defense of any such claim, action or proceeding. 12. Liquidated Damages In the event that the property is not annexed to the City in accordance with the terms of the Agreement,the owner of the property shall pay each year to the City, as liquidated damages, a sum equal to the property taxes and any sales taxes the City would have received had the property been annexed. Failure to make such liquidated damages payments shall be cause for the City to cease water and/or sewer service to the Project. 13Section Headinias. All section headings and sub-headings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 14. Governim4 Law. This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of California. 1:\Plannip,g'JOHN`IMISC',,Paa63-03 Zigrossi.xkTd 4 15. Attorneys'Fees. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees. 16. Binding Effect. The burdens of this Agreement bind and the benefits of this Agreement inure to the successors in interest of the Parties hereto. 17. Authority to Execute. The person or persons executing this Agreement in behalf of Developer warrant and represent that they have the authority to execute this Agreement on behalf of the legal, fee title owner of the Property. 18, Waiver and Release. Developer hereby waives and releases any and all claims it may have against City,its elected officials,officers,employees and agents with respect to any City actions or omissions relating to the Project and Developer's and City's entry into and execution of this Agreement. Developer makes such waiver and release with full knowledge of Civil Code Section 1542, and hereby waives any and all rights thereunder to the extent of this waiver and release, of such Section 15421 is applicable. Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 19. Construction. The Parties agree that each party and its counsel have reviewed this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement. The Parties further agree that this Agreement represents an"an-n s-length"transaction agreed to by and between the Parties and that each party has had the opportunity to consult with legal counsel regarding the terms, conditions and effect of this Agreement. 20. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties as to the matters contained herein, and there are no oral or written representations, understandings or ancillary covenants or agreements which are not contained or expressly referenced herein,and no testimony or evidence of any such representations,understandings or covenants shall be admissible in any preceding of any kind or nature to interpret or determine the terms or conditions of this Agreement. DEVELOPER Date:,- ,/- -c7 V ,,�alcd Zigross tee li2r., Family T ,grossi Farm Trus mm 1:',Plannina,,JOIiN"IMISC'lpaaO3-03 Zigrossj-xkpd 5 Date: ennie G. Zigrossi, 's(lee Zigrossi Family Trust CITY O REDLANDS Date: Feb. 3, 2004 Sus Peppier, Mayor ATTEST: City .clerk Date: Feb 3 2004 I:'.f'iannin2"OfIN,IMISC',.paaO3-03 Zigrosswvpd 6 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF REDLANDS ) By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on Februarya 3, 2004, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Susan Peppier and Lorrie Poyzer { X} personally known to me - or - { } proved to me on the basis of satisfactory evidence to be the persons whose names) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. LORRIE POYZER, CITY CLERK By: ' .' Beatrice Sanchez, Deputy City Clerk (909)798-7531 CAPACITY CLAIMED BY SIGNERS) { Individual(s) signing for oneself/themselves { } Corporate Officer(s) Title(s) Company { Partner(s) Partnership { } Attorney-In-Fact Principal(s) { } Trustee(s) Trust { x } Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, a municipal corporation THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Pre-Annexation Agreement Date of Document: February 3, 2004 Signers Other Than Named Above: Gerald F. Zigrossi and Bennie G. Zigrossi CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r State of California County of San Bernardino On January 9, 2004 before me, Sandra M. Pa mer, Notary Puhlic. Date Name and Title of Officer(e.g.,-Jane Doe,Notary Public") personally appeared Gerald F. Zigrossi and Bennie �_ zigrassi Name(s)of Signers) Rj personally known to me R1 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)X/are subscribed to the SANDRA M. PARMER within instrument and acknowledged to me that lWhft/they Commission# 1374024 Z executed the same in t"r/their authorized capacity(ies), -„ Notary Public - California > and that by to/hqt'/their signature(s) on the instrument the San Bernardino County y person(s),or the entity upon behalf of which the person(s) My Comm.Expo Sep 1Q,2006 acted, executed the instrument. i WITNESS my hand and official sea zu Signature of Notary Public I Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Agreement for Annevar;op Qnd—pr_eVi9iE)Ft 'jty Utility Servi s f , Document Date: Number of Pages: i Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Gerald F. Zigrosgi Signer's Name: Bennie G. Zigrossi ❑ Individual ❑1 Individual ; ❑ Corporate Officer E Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited (:_: General E Partner—❑ Limited ❑ General ❑ Attomey-in-Fact C:1 Attorney-in-Fact X] Trustee :E]7 Trustee _ _ ❑ Guardian or Conservator ❑ Guardian or Conservator lJ Other: Top of thumb here ❑ Other: Top of thumb here i t Signer Is Representing: Signer Is Representing: i [ I 0 1996 National Notary Association-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 tXHIBI 1 "A"y COUNTY OF SAN BERNARDINO LAND USE SERVICES DEPARTMENT ECPUBLICSEIC ICESGDEVELOPMENT .��:"�-� AND PUBLIC SERVICES GROUP milli liiiiiii— sw►e►euauiw '~%PLANNING DIVISION � MICHAEL E. HAYS 353 Nurin Arrowneaa Avenue - San Bernardino, CA 92416-0182 • (909) 387-4131 Director of Land Use Services Current Planning Fax (909) 387-3249 Advance Planning Fax (909) 387-3223 15505 Civic Drive • Victorville, CA 92392 (760) 243.8245 • Fax (760) 243-8212 nxp_:,wwvr.sl�ccuntv.gov.fanduseservices 2003 Jrr ?igrossi Thatcher Engineering P.0. D c x 720 345 5" St. Suite B Lake Arrowhead, CA 92352 Redlands, CA 92374 Effective Date: August 21, 2003 Expiration Date: August 21, 2006 Re: TPi`.i!15941IE115-"DO 712002/APN:0299-231-22; Tentative Parcel Map to create tl:-o parcels and a remainder on 8.67 acres. De r , .pplicant & Representative: Parcel Map application has been conditionally approved subject to the completion of the ragiuirements identified on the attached pages. In accordance with the San Bernardino County Development Code, Section 53.C'lCi"� 30(a,c), all regUirements specified on the attached pages shall be met within thim<-six (36) months of the date of this letter or the approval is void. One extension of tine, not to exceed thirty-six (36) months, may be granted upon written application and the rllayment of the required fee to this office not less than thirty (30) days prior to the date of e ,piration. Any i"erson may, within ten (10) calendar days of the postmarked date of this notice, app--L--1 in `)vriting to the Planning Commission for consideration thereof. This appeal must be n1n,2%de on forms available from this office. { iti r sozij all 'gip:=.rvist r First Di-,irict CJ-NINIS li:N'C " ..IER ........ Thlyd D:i tric, .. ..... .... S.c»Sc± District rtlEC AC,4f................. Fccrih i}istri�t J SAV EA'.,ES ............. fi5�=JS Cric: ajamsh Amy G f e"E S C zi G s �3 7- Kevir', Planner Sz-,,in 'Eerncardino County Land Use Services Department d 13 n C -.ce F-,,i ease 3. �a, qtr u 7e, -Lavve Parcel cc: Sm._5 R A e" vi C! we Ligrossj, ,perry PAGE 1 OF I TQN-111 :41.'E" 15-307f'2002/APN: 029191-231-22 Supervisorial District FINE)INKS TENTATIVE PARCEL MAP/NITNOR SLIDIVISION 1. I I.,e 1,,ro--po-sed. suibdivision, together Nvith the provisions for its design and imps overnents S widh -,.he General Plan because it allows orderly in-fill developml-nt of land "',iin -,Ike density sput-elfiedbythe applicable Official Land Use District which is RS-1. Tl-i site is physically suitable for the proposed density of development, because the site is sufficient in size, length, and width, and the newly created lots meet the density re',',Llirements of the RS-I District. ,­!;r­n of the si-ibdi,.-fision is not likely to ca'c,,se substantial environmeiltsCD damap or or avoidably injui7c fish or wildlife (--)r their habitat because no substantial -:l." ,,--c)r,iiicnialconc,eriiswhere found during tba initial study. of the subdivision is not 'likely to cause serious public health problems r ide.a' uses are cons Lle-MISt re ndn i i red passive with no adverse effects on public health. will, bt_- InIplel'.11ented to avoid potential fire hazards, and address 5. Ti 'esit-n of the sub-Uvis'on will not conflict with easements, acquired by The public al; L are gh or use of-p or acctss through ision because the ,,rcT)erty within the proposed subdiv ;trued inap will require all necessary public casements to be, shown and resolve any ".-Lr. -ni conflicts prior to recordation. - 'des to the extent feasible, passive or natural heating �ts-__Ln of tl-,e subdivision provides L a i I co, o iina opporvinilies because the new lots will conform to the. Official Land Use District '�,,Tdch has adequate building setback guidelines. The building seffiacks promote op,-i-r.,-imsDacincroisiTucmresiocr�lakre adequate solar access. Z�' _11:= -n-cloosed subd'v*s'on, its design, and density conform to the regulations of the I G 10 en D,ve`opnil-nt Code and the regulations of any public agency having jurisdiction by law ar ul th because 11i size and shape of the lots conform to the standard reg arions set forth in e Code. E Os i, jerry PAGE 1 CSF 3 Q-2 I - C', CONDITIONS OF APPROVAL GEINFRALII ON-GOING CONDI-FiONS P'_Z�Irininq DiVisZioll "900' 4 The applicant Shall agree to defend at his so'le expense any action brought agaiinst the C3unty, its acents, officers, or employees, s,Decause Of the issuance of such approval, OF ::r'j tlhe, a emafive, to Felinr,��isn approval, in ccrnpJanCE: 'a--',. The n Ci -,n �U 1 _iU ,V: San Bet" ar irio "Counly De,,lelCpr';-,��nT -T ��zrc�. i( pili s r&M-, C, u n v, _M�­ �Dlr fo,, amy LJ 4.4 COs anc the- C o)u Its agen--Ls, off*­ �: � -q: y, a c o u ft o pa Q7 a c�Cl _'U�'t-, � .o n I I r S p a rL t c if c;: i n e- de s la _11� 111C!Y� Cl LS sci.e s_-',E�T!c,r, ; 1,e a s f n e L,�- i", c:.CT bL- sf., 'n 7! TO RECORDATION THE: :FOL-10"VVINC CONDMONS SH LL R"! "ET: 1-D R "Di V 1 S 1 C N �r-airc&! Map S!1_1, ..e--se... evi2ence to ,"ie —at he haS ce— a I Ma n a'IV e J tLel re=-- Lt`,sennenL SiI_Wr, On the S'F.&E, tDe= re'ir isnl=d -,r e records, vvhic�� =pcsec e a,s M;= c 2 n n o tL be xe .mn C',U i S h ec c; Fe-i c c a� ed, s h I be e s e )pmen', (900), 387-82 A Registered Civil Engineer shall investigate and desicri adequate drainage facilities to Intercept and ccr.duct the off site - on site drainage flows around and through the site in a rnzmner which will not adversely affect adjacent or downstream prope!lies at he tin"e the site is deveicipec, Sjbrnit hydrology study. Z /iorcssi, jerry PAGE 2 OF 3 TPM"' 15941/Ell 15-307/2002/APN: 0299-231-22 R,-.Jlands/S-3 Walnut St. 3. Adr-li'tional 20 feet dedication required to equal 30 foot half-width right of way. A copy of the Grant Deed for ail properties affected by this requirement must be submitted to the San Bernardino County Department of Public Works, 825 E. Third Street, Room 142, San Bernardino CA. 92415, prior to document preparation. 7. Submit a cash deposit or surety bond for the driveway approach/entrance. (Private Road Access) Private Road SUbMii engineered road improvement plans and place a cash deposit or surety Bond for the 26 foot wide paved road section to nearest state or county maintained road with 8 inch dike to San Bernardino County Department of Public Works, 825 E Third Street, Room 142, San Bernardino, CA. 92415-08.35 for review and approval. zi. Right of way and improvements (including offsite) to transition traffic and drainage 'lows from proposed to existing shall be required as necessary. HEALTH SERVICES DIVISION (909) 387-4666 0. The water purveyor shall be the City of Redlands. Applicant shall procure a verification letter from the water agency with jurisdiction. This letter shall state whether or not water connection and service shall be made available to the project by the water agency. This letter shall reference File/Index Number and ' Y L Assessor's Parcel Number. I This Parcel is in Improvement Level 4, , Submit evidence of contractual arrangements or installation of water improvements to Department of Evironmental Health Services (DEHS) for verification prior to recordation. Method of sewage disposal shall be DEHS approved. Applicant shall procure a verification letter from the sewering agency with jurisdiction. This letter shall state whether or not sewer connection and service shall be made available to the project by the sewering agency. This letter shall reference File/index Number and Assessor's Parcel Number. If sewer connection and service are unavailable, septic systems will then be allowed, under the following conditions: Soil Percolation report shall be submitted to DEHS for review and approval. Zigrossi, Jerry PAGE 3 OF 3 15941/El 15-307/2002/APN: 0299-2311-22 RedlandsM QUIRF,E�,,`T PL,;�,NNING DIVISICt,, i9&�'; '�'(37-4115 2, Pianj:iAig Review applicadon (Condition Check--Parcel M'aP) and fee Mad be filed Y40 the Pia,,nring Div�sicn a,, trie linne Parcei Map is d submitted ,o the County SL!FVeY0r for map chec,'k-iq, This is required in order to veMy condlons of approva! estab!ished for The parcel map. 15. Subs it a Composite Development Plan (CDP) to the County Surveyor for concurrent filing with the parcel map. The CDP will reflect the following notes: A. An approved percolation report, (GENS file number) prepared by (pemonMrm name & credentials:) on (date prepared! is on file with DEFT! S. The tve!l located on parcel ;,"I snit be, desuoyed if agdcAWre uses are no longeir, utilized on, the pmject site, Tre ,ve!i sha!i o,-,,Iy be utilized for ag'-icu!tu;ai Purpr"Ses C. The developer snaH be required to nr,t tri ie *a the Yucaipa Area Ti-anspoftation Faci!�,tjes Plan at the Me of ML�ar`,C& of �Uild�ng permits. D. Gracing plans snaH be subnVed to Land DeMopmenVEngheering Drainage Section for re'view. E. Unstruct driveway approaclVentrance :r private road -,ccess on Walnut St. F. Constmict 28-foc-, fide paved road sechon (Phyne Road) to nearest miaintainroad vvith eignt- ,8") inch G. ConsImMon of p0ate road and relatec di-ainage ,mp,-ovements snail be inspected and cei-L�fied by ihe ergineer. File No.: 6043736 EXHIBIT "B„ That portion of Lots 1, 11 and 12 in Block 28 of The Crafton Tract, in the County of SAN BERNARDINO, State of California, as per map recorded in Book 3, page 4, of Maps, in the office of the County Recorder of San Bernardino County, described as follows: Beginning at the centerline intersection of Sixth Avenue and Walnut Street as shown on Record of Survey recorded in Book 43, page(s) 57, Records of'said County; Thence South 00 39' 40" West 1184.84 feet; Thence South 500 26' 11" West 33.99 feet; Thence North 130 54' 33" West 61.86 feet to the True Point of Beginning; Thence South 630 44' 40" West 370.20 feet to the East side of the cement flume per Book 1898, page(s) 122, Official Records of said County; Thence North 220 41' 40" West 714.32 feet; Thence North 00 30' 59" East 100.00 feet; Thence North 490 09' 40" East 160.00 feet; Thence North 720 14' 40" East 148.50 feet; Thence North 591 46' 40" East 17.18 feet; Thence South 500 14' 08" East 252.78 feet; Thence South 390 49' 30" East 164.34 feet; Thence South 190 45' 03" East 191.22 feet; Thence South 00 39' 40" West 121.89 feet; South 631 31' 40" West 73.60 feet; Thence South 130 54' 33" East 135.15 feet to the True Point of Beginning. Said Legal Description is pursuant to Lot Line Adjustment No. E308-116, recorded January 12, 2000 as Instrument No. 20000012284, Official Records. pane ? of 6