HomeMy WebLinkAboutContracts & Agreements_17-2001MINUTES of a special meeting of the City Council of the City of Redlands held in the
Civic Center Conference Room, Suite 200, 35 Cajon Street on February 2, 2001,
at 12:00 noon
PRESENT Pat Gilbreath, Mayor
Gary George, Mayor Pro Tem
John L. Freedman, Councilmember
Susan Peppler, Councilmember
Karl N. "Kasey" Haws, Councilmember
John Davidson, City Manager
Leslie E. Murad, II, Assistant City Attorney
ABSENT None
CLOSED SESSION
Mayor Gilbreath called the meeting to order and immediately recessed it to a
closed session to discuss the following:
Conference with legal counsel - Government Code Section 54956.9(a)
- City of Redlands v. County of San Bernardino and Majestic Realty
Company - Case Nos. SCV 33330, E293198, E021447, SCV 38504, and
SCVSS 60116
- City of Redlands v. California Regional Water Quality Control Board,
Santa Ana Region - Administrative proceedings
- Redlands Joint Venture LLC v. City of Redlands and Spring Pacific -
Case No. SCVSS 73615
- County of San Bernardino v. City of Redlands and Spring Pacific - Case
No. SCVSS74079
Following the closed session, it was reported the City Council accepted the
terms of an agreement with Majestic Realty Company, United Donut Hole
Owners Property Association (UDHOPA), and the County
and authorized the Mayor to sign the agreement on behalf
following vote:
AYES: Councilmembers Peppler, Haws; Mayor Gilbreath
NOES: Councilmembers George and Freedman
PUBLIC COMMENTS
None forthcoming.
of San Bernardino
of the City by the
Special Meeting
February 2, 2001
Page 1
have staff negotiate a draft agreement with Standard Pacific for these
infrastructure improvements in lieu of the payment of parks fees, the appropriate
environmental notices will be prepared and a draft agreement presented for the
City Council's consideration in the near future. Cotmcihmember Freedman
noted the value of their offer should be at least $710,000.00 which is the
estimated Park and Open Space Fees. Councilmember Haws moved to instruct
staff to negotiate a draft agreement with Standard Pacific to construct an
extension of Dearborn Street and to construct a sewer line and water line and
other utilities in accordance with City requirements in lieu of the payment of
parks fees and to present the draft agreement to the City Council for its
consideration within thirty calendar days. Motion seconded by Councilmember
Peppler and carried unanimously.
Replacement Trees - Fern Avenue - Mayor Pro Tem George felt that in the
aftermath of the loss of the palm trees on Fern Avenue the City needed to
discuss the removal the stumps and replacement of the trees. Public Works
Director Mutter reported he had negotiated with Southern California Edison for
complete removal of the stumps on February 13, 2001; the residents have been
notified that this will occur. Discussions have been held regarding the
replacement of the palm trees and staff recommends the planting of eight
camphor trees. With this recommendation, his budget for tree replacement will
be in need of an infusion. Councilmember Haws and Freedman donated $1.00
each to this fund. Councilmember George moved to approve an additional
appropriation as necessary to replace the eight palm trees on Fern Avenue with
eight 24-inch box camphor trees. Motion seconded by Councilmember
Gilbreath and carried unanimously. Councilmember Freedman noted Palm
Avenue also needs replacement trees.
Settlement Agreement - Redlands Joint Venture/County of San Bernardino
- at a special meeting of the City Council held on February 2, 2001, the City
Council voted to enter into a settlement agreement with Redlands Joint
Venture, the United Donut Hole Owners Property Association, County of
San Bernardino, and Majestic Realty Company. Councilmembers George
and Freedman opposed this action. At this time, Councilmember
J Freedman nresented his dissenting opinion of this action. This was
followed by a presentation by Councilmember George explaining why he
opposed this settlement agreement. Bill Cunningham addressed the City
Council stating he did not feel the City of Redlands was well -served by this
settlement agreement. Councilmembers Haws, Gilbreath, and Peppler
responded to these comments defending their votes. Portions of this lengthy
discussion were contentious and at one point, Mayor Gilbreath had to
restore order when Mr. Cunningham made accusations which he could not
prove and refused to extend an apology when asked to do so.
February 6, 2001
Page 9
Settlement Agreement - Redlands Joint Venture et al - A copy of the
executed settlement agreement with Redlands Joint Venture, LLC and the
County of San Bernardino, as agreed to by the City Council in a closed
i
session, with Councilmembers George and Freedman opposing, was
provided at this time to notify the public in accordance with requirements
of the Brown Act.
Agreement - Cost Recovery Services - On motion of Councilmember George,
seconded by Councilmember Freedman, the City Council unanimously
approved an agreement with the City of Loma Linda for the City of Redlands to
provide cost recovery services and authorized the Mayor and City Clerk to sign
the agreement on behalf of the City.
Fee Waiver - Showmobile - On motion of Councilmember George, seconded by
Councilmember Freedman, the City Council unanimously approved a request
for waiver of fees for the use of the showmobile by the City of Highland's
Historic and Cultural Preservation Board on March 31, 2001, providing that
certain other requirements noted in the rental contract are met for towing, set-
up, deposit, insurance coverage, and rental period.
Funds - Agreement - Redlands Sports Complex - Staff requested this matter be
continued.
Agreement - Community Center - On motion of Councilmember George,
seconded by Councilmember Freedman, the City Council unanimously
approved an independent contractor agreement with Valerie Fields for the
purpose of conducting Mommy and Me classes at the Community Center and
authorized the Mayor and City Cleric to sign the agreement on behalf of the
City.
Ford Park - On motion of Councilmember George, seconded by Councilmember
Freedman, the City Council unanimously authorized temporary field use and
lighting at Ford Park for Recreation Bureau -sponsored youth and adult
programs while Texonia Park is closed for renovations.
JAIBG Funds - On motion of Councilmember George, seconded by
Councilmember Freedman, the City Council unanimously authorized the Mayor
to execute a "Waiver of Direct Subgrant Award from Unit of Local
Government" form which will contribute the City of Redlands' allocation of
Juvenile Accountability Incentive Block Grant (JAIBG) funds to the Regional
Juvenile Crime Enforcement Coalition.
Resolution No 5850 - EPA Grant Application - Following brief discussion, on
motion of Councilmember Peppler, seconded by Councilmember George, the
City Council unanimously adopted Resolution No. 5850, a resolution of the
City Council of the City of Redlands approving the EPA grant application
February 20, 2001
Page 3
1
SETTLEMENT AGREEMENT
OWN
the City of Redlands, Redlands Joint Venture LLC, a California limited
liability company and
the County of San Bernardino
February 2, 2001
Settlement Agr 1.26.01.add2.doc
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement') is entered into as of February 2, 2001,
by and among Redlands Joint Venture LLC, a California limited liability company ("RJV"),
(successor in interest to Redlands Joint Venture, a California general partnership), the City of
Redlands, a municipal corporation ("City") and the County of San Bernardino, a public body,
corporate and politic ("County").
NOW, THEREFORE, in consideration of the following recitals and the mutual
covenants, promises and undertakings provided for herein, and other valuable consideration, the
receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows:
1. Recitals
This Agreement is made with reference to the following facts:
A. RJV is the owner of property located in the unincorporated portion of the
County of San Bernardino more particularly described on Exhibit A to this
Agreement ("the Property"), which Property comprises a portion of larger
unincorporated area of the County referred to as the "Donut Hole Area" (the
"Donut Hole Area"). The Donut Hole Area is more particularly described on
Exhibit B to this Agreement. The Property and the Donut Hole Area are adjacent
to but not part of the incorporated City. RJV is in the process of developing a
commercial project, commonly known as the "Citrus Plaza Project". In January
1996, RJV received certain development approvals from the County, as more
particularly described on Exhibit C (the "Citrus Plaza County Approvals"). On
April 18, 1997, California Regional Water Quality Control Board, Santa Ana
Region ("Regional Board") issued Order No. 97-11 relating to a N.P.D.E.S.
discharge permit and a permit to discharge reclaimed water (herein "Regional
Board Approvals"),
B. The United Donut Hole Owners Property Association (UDHOPA) is an
unincorporated association comprised of over 60 owners of land located within
the Donut Hole, comprising over 80 percent of the assessed value of all property
within the Donut Hole. While UDHOPA is not a party hereto, by its signature at
the end of this Agreement UDHOPA is hereby consenting and agreeing to be
bound by this Agreement, including but not limited to Sections HL, 3(b), 11, 13,
18, 19, 20 and 21(b) and 22.
C. The Donut Hole Area (including but not limited to the Property and the
Citrus Plaza Project) has been removed, by the Local Agency Formation
Commission for San Bernardino County ("LAFCO"), from the sphere of
influence of City by resolution effective as of October 18, 2000. h1 1997, the
voters of the City adopted a growth management measure, Measure U, which
restricts the ability of the City to provide water, sewer and other Public Services
to areas outside the jurisdictional limits of the incorporated City ("Measure U").
Settlement Agr 1.26.01.add2.doc
D. Over the past several years, the City, on the one hand, and the County and
RJV, on the other hand, have had a number of disputes concerning the Donut
Hole Area (including but not limited to the Property and the Citrus Plaza Project)
including, inter alia, (i) the development of the Citrus Plaza Project, including
without limitation issues related to the environmental impact report for the Citrus
Plaza Project, the Citrus Plaza County Approvals and the Regional Board
Approvals, (ii) the provision of water, sewer and other utilities to the Property and
the Donut Hole Area, and (iii) the relocation of a City sewer line from beneath
the Property to an adjacent street. The City and RJV intend this Agreement to
provide a final resolution of those disputes and other issues as provided for in this
Agreement.
E. The parties to this Agreement are parties to the pending lawsuit in Riverside
Superior Court, Case Number 293198, before the Honorable Judge Victor Miceli,
captioned: The City of Redlands v The County of San Bernardino, Redlands
Venture Real Party in Interest [predecessor in interest to RJVI and related Cross -
Complaints the "Riverside Lawsuit' ). The Riverside Lawsuit involves, among
other things, certain disputes regarding the provision of water and sewer services
and other development matters related to the Citrus Plaza Project and
development of the Property. The parties intend for this Agreement to provide a
final resolution of the disputes contained within the Riverside Lawsuit and other
issues as provided for in this Agreement.
F. The City and RJV, along with related parties Majestic Realty Company, RV
General Partnership No. 2, and Curci-Turner Company, ("RJV Related Parties")
are parties to a pending lawsuit in San Bernardino Superior Court, Case Number
SCV 38504, captioned: City of Redlands v. Maiestic Realty Company, et, at, and
related Cross -Complaints (the "San Bernardino Lawsuit"). The San Bernardino
Lawsuit involves a dispute regarding the location of a City sewer line under the
Property. The parties intend for this Agreement to provide a final resolution of the
disputes contained within the San Bernardino Lawsuit and other issues as
provided for in this Agreement.
G. On or about May 14, 1997 City filed a Petition for Review with the State of
California, State Water Resources Control Board (herein "State Board") regarding
Order No. 97-11. In addition, prior to November 17, 2000 City requested the
Regional Board to modify Order No. 97-11. The Regional Board delayed action
on such request. On or about December 18, 2000 City filed a Petition for Review
of Decision of Regional Board, Re: Resolution No. 00-98, Amending Order No.
97-11 (herein "Petition"). All such petitions, requests, reviews and appeals before
the State Board and the Regional Board shall be collectively referred to herein as
to "Water Board Actions." The parties intend for this Agreement to provide a
final resolution of the disputes contained within the Water Board Actions and
other issues as provided for in this Agreement.
H. RJV, UDHOPA and City are parties to the pending lawsuit in San
Bernardino Superior Court, Case Number SCVSS 73615, captioned: Redlands
2
Settlement Agr 1.26A1.add2.doc
Joint Venture and United Donut Hole Owners Property Association v. The City of
Redlands and Spring Pacific Properties Real Party in Interest (the "Hershey
Lawsuit'). The Hershey Lawsuit involves a challenge to the proposed
development and construction of an approximately 600,000 square foot
distribution facility proposed to be used by the candy and confection company
known as Hershey, which project was approved by the City on December 19,
2000 (the "Hershey Project'). The parties intend for this Agreement to provide a
final resolution of the disputes contained within the Hershey Lawsuit and other
issues as provided for in this Agreement.
I. On or about July, 2000, the Governor of the State of California signed
Assembly Bill 1544, which affects the rights of the property owners within the
Donut Hole Area, including without limitation RJV and members are UDHOPA,
with respect to the provision of water and sewer services and certain other
property rights. The City and RJV intend this Agreement to be a final resolution
of all litigation regarding AB 1544.
2. Settlement and Judgment In Riverside Superior Court Case No. 293198
In accordance with the terms of this Agreement, the parties desire to immediately settle the
Riverside Lawsuit. Immediately upon execution of this Agreement, the parties shall jointly file
with the Riverside Superior Court a Stipulation for Entry of Judgment in the form set forth on
Exhibit D, providing for the entry of a Judgment (in the form set forth on Attachment 1 to
Exhibit D) in Riverside Superior Court Case No, 293198 (the "Riverside Judgment'). The
parties agree to take all actions in support of the entry of the Judgment by the Riverside Superior
Court. This Agreement is subject to the condition subsequent that the Riverside Superior Court
enter the Riverside Judgment. If the Riverside Judgment is not entered by the Riverside Superior
Court on or before 5:00 p.m. March 1, 2001, this Agreement shall be null and void and of no
further force and effect. The terms of the Riverside Judgment are incorporated by reference into
this Agreement, as if set forth in full. Each party agrees that it shall not appeal, contest, or
collaterally attack the Riverside Judgment in any manner.
R]�
Water Board Actions
a. San Bernardino Lawsuit. In accordance with the terms of this Agreement, the
parties desire to immediately settle the San Bernardino Lawsuit. hrnnediately upon execution of
this Agreement, the parties shall jointly file with the San Bernardino Superior Court a Stipulation
for Entry of Judgment in the form set forth in Exhibit E, providing for the entry of Judgment (in
the form set forth on Attachment 1 to Exhibit E) in San Bernardino Superior Court Case No.
SCV 38504, (the "San Bernardino Judgment'). The parties agree to take all actions in support of
the entry of the Judgement by the San Bernardino Superior Court. This Agreement is subject to
the condition subsequentthat the San Bernardino Judgment be entered by the San Bernardino
Superior Court. If the Court does not enter the San Bernardino Judgment by 5:00 p.m. March 1,
2001, this Agreement shall be null and void and of no further force and effect. The terms of the
San Bernardino Judgment are incorporated by reference into this Agreement, as if set forth in
Settlement Agr 1,26.01.add2.doc
full. Each party agrees that it shall not appeal, contest, or collaterally attack the San Bernardino
Judgment in any manner.
b. Hershey Lawsuit. In accordance with the terms of this Agreement, RJV,
UDHOPA and City desire to immediately settle the Hershey Lawsuit. Immediately upon
execution of this Agreement, RJV, UDHOPA and City shall jointly file with the San Bernardino
Superior Court a Stipulation for Entry of Judgment in the form set forth in Exhibit F, providing
for the entry of Judgment (in the form set forth on Attachment 1 to Exhibit F) in San Bernardino
Superior Court Case No. SCVSS 73615 (the "Hershey Judgment"). RJV, UDHOPA and City
agree to take all actions in support of the entry of the Hershey Judgment. This Agreement is
subject to the condition subsequent that the Hershey Judgment be filed with the San Bernardino
Superior Court. If the dismissal is not filed on or before 5:00 p.m. March 1, 2001, this
Agreement shall be null and void and of no further force and effect. The terms of the Hershey
Judgment are incorporated by reference into this Agreement, as if set forth in full. Each party
agrees that it shall not appeal, contest, or collaterally attack the Hershey Judgment in any
manner.
The parties hereto acknowledge that County has filed a separate Petition in connection with
the City approval of the Hershey project captioned: County of San Bernardino v. City of
Redlands and real party in interest Spring Pacific Properties, LLC, Case No. SCVSS 74079
(herein the "County Hershey Lawsuit"). The parties acknowledge that the County Hershey
Lawsuit is separate and distinct from the Hershey Lawsuit filed by RJV and UDHOPA, despite
the fact that such lawsuits would be consolidated if both suits proceeded forward to litigation.
Accordingly, the parties hereto acknowledge and agree that neither this Settlement Agreement
nor the Hershey Stipulation or the Hershey Judgment shall in any way waive, settle, release or
any in any other way affect the County Hershey Lawsuit. The parties hereto acknowledge that
City and County intend to engage in separate settlement negotiations following the execution of
this Settlement Agreement.
C. Water Board Actions. In accordance with the terms of this Agreement, the parties
desire to immediately settle all disputes relating to the Water Board Actions. Immediately upon
execution of this Agreement, City agrees to file with the State Board a request for dismissal of
the State Board Appeal and the Petition. City agrees that such dismissal shall be with prejudice
and that City shall not refile such State Board Appeal or Petition or in any other way challenge or
object to Order No. 97-11. In addition, City agrees to file with the Regional Board a formal
request that its previous request that the Regional Board amend Order No. 97-11 be withdrawn
and notify the Regional Board that it is opposed to Resolution No. 00-98 which would have
modified such order, and further request that the Regional Board remove from its agenda any
further consideration of any amendment of such order. City's withdrawal of its request for to
amend Order No. 97-11 is with prejudice, and City agrees not to refile such request or in any
way challenge or object to Order No. 97-11 before the Regional Board.
4. Public Services
The parties agree that public and private water, sewer and utility providers other than the
City of Redlands (" Public Service Providers"), including without limitation County Service
4
Settlement Agr 1.26.01.add2.doc
Area 70, County Service Area 110, the County of San Bernardino, any special district or other
subdivision of the County of San Bernardino such as County Improvement Zone EV-1, the
Inland Valley Development Agency ("IVDA") and/or the City of San Bernardino, may provide
water, sewer and Public Services and ancillary and related services (" Public Services") to the
Donut Hole Area (including but not limited to the Property and the Citrus Plaza Project).
Consistent with the provisions of this Agreement, the City agrees it will not object to or seek to
prevent, limit or restrict the ability of Public Service Providers from providing Public Services to
the Donut Hole Area (including but not limited to the Property and the Citrus Plaza Project).
Notwithstanding the foregoing, City shall not be prohibited from providing water and sewer
services to the Donut Hole in accordance with and subject to California law and the terms and
provisions of this Agreement.
In accordance with the provisions of this Agreement, and in consideration of the dismissal
of the Hershey Lawsuit and all other obligations of RJV and UDHOPA hereunder, this
Agreement (i) shall constitute a waiver, release and accord and satisfaction of all claims the City
may have regarding compensation for any utility infrastructure investment the City may have in
the Donut Hole Area (including but not limited to the Property and the Citrus Plaza Project) and
the incorporated areas of the City, (ii) is being entered into to settle the matters in dispute
regarding such investment, (iii) shall be considered full and complete compensation for any
utility infrastructure investment that the City may have in the Donut Hole Area, the Property, the
Citrus Plaza Site and the incorporated areas of the City, and (iv) City shall not be entitled to any
additional consideration for any such investment.
5. Use Of Streets For Provision Of Public Services And Relocation Of Sewer Line
The City agrees that Public Service Providers may cross City streets and other City public
rights of way to provide Public Services to the Donut Hole Area, the Property, the Citrus Plaza
Site and the Citrus Plaza Project. Pursuant to the Riverside Judgment, and subject to the
provisions of this Agreement, no permits, easements, or other approvals shall be required by the
City for the placement, construction, operation and/or maintenance by Public Service Providers
of utility infrastructure, including without limitation water pipes, sewer pipes, conduit and other
facilities ("Public Service Infrastructure") in City streets or other public right of ways owned or
controlled by the City, for purposes of providing Public Services to the Donut Hole Area, the
Property, the Citrus Plaza Site and the Citrus Plaza Project. In furtherance of the foregoing, the
City hereby grants to the County a utility license and casement in favor of the County and its
successors and assigns for entry, construction and operation of Public Service Infrastructure in
the streets or other public rights of ways owned or controlled by the City, in the form set forth on
Exhibit G, which form shall be executed and acknowledged by the City concurrently herewith,
and recorded by the City within five (5) business days, thereafter; provided, however, that
County shall have the obligation to restore, at no cost to City, any City streets and/or other City
public improvements damaged by the County in connection with the construction, operation
and/or maintenance of such Public Service Infrastructure.
The City hereby agrees that the existing City sewer line located under the Property, as
shown on Exhibit H (the "Sewer Line"), may be relocated by RJV, at RJV's sole cost and
expense, to a location under any public street located adjacent to the Property, or within the
setback area located on the Property adjacent to Spencer Street. The current proposed plan for
Settlement Agr 1.25.0l.addUm
such relocation is set forth in the plans attached as Exhibit H. Both parties hereto agree to use
reasonable and good faith efforts to locate such Sewer Line under the adjacent public street, but
City recognizes RJV's right to locate the Sewer Line within the setback area if deemed necessary
by RJV, in its reasonable discretion, in connection with the development of the Citrus Plaza site.
The relocated sewer line shall be of the same size and capacity as the existing Sewer Line under
the Property, unless the City advises RJV within sixty (60) days of the date of this Agreement
that it desires to increase the size or capacity of the Sewer Line and pays to RJV, in advance, any
and all increased costs for the changes in the size and capacity that the City so requests, as such
costs are reasonably determined by RJV. If the Sewer Line is placed under a County street, and
if requested by RJV or City, the County agrees to execute in favor of the City a utility license
and easement in a form equivalent to Exhibit G for the placement of the Sewer Line beneath any
public street controlled by the County, provided however the purpose of this easement shall be
construction and maintenance of the relocated Sewer Line only. With respect to such easement,
City shall have the obligation to restore, at no cost to County, any County streets and/or other
County public improvements damaged by the City in connection with the operation and/or
maintenance of such Public Service Infrastructure. If the Sewer Line is placed within the setback
area located on the Property adjacent to Spencer Street, and if requested by City, RJV agrees to
execute in favor of the City a utility license and easement in a form equivalent to Exhibit G for
the placement of the Sewer Line beneath such setback area adjacent to Spencer Street, provided
however the purpose of such easement shall be construction and maintenance of the relocated
Sewer Line only. With respect to such easement, City shall have the obligation to restore, at no
cost to RJV, any improvements located on the Property damaged by the City in connection with
the operation and/or maintenance of such Public Service Infrastructure.
6. No City Objections to Citrus Plaza Project
The City acknowledges that RJV intends to proceed with the development of the Citrus
Plaza Project in accordance with the Citrus Plaza County Approvals, the Citrus Plaza Related
County Actions and the Regional Board Approvals, as amended from time to time at the
discretion of RJV and approved by any applicable governmental agency. The City agrees that it
no longer has any objections to the development substantially in accordance with the project
described in the Notice of Preparation attached as Exhibit "I". The City hereby settles and
concludes all claims and causes of action which have been, or could have been stated in the
Riverside Lawsuit, the San Bernardino Lawsuit, and any potential judicial, administrative or
other legal challenges arising out of the Citrus Plaza Project, the Citrus Plaza County Approvals,
the Citrus Plaza Related County Actions and the Regional Board Approvals. City further agrees
that it will not challenge or object to any proceeding before the Regional Board or the State
Board relating to the Citrus Plaza Project or the provision of water and/or sewer service to the
Donut Hole or the discharge of water relating thereto. Except for the Riverside Lawsuit, the San
Bernardino Lawsuit and the State Board Actions, the City represents and warrants that it has not
filed any complaint, charge, suit, or claim against the County or RJV relating to the Citrus Plaza
Project or the Project Approvals (as defined in Section 21 below).
6
Settlement Agr 1.26.01.addldm
LAFCO Proceedings
Effective as of October 18, 2000, LAFCO removed the Donut Hole Area from the sphere
of influence of Redlands. In view of the foregoing, and to facilitate implementation of existing
County land use plans and implementation of Public Service Infrastructure for the Donut Hole
Area, and to allow a majority of the property owners within the Donut Hole Area to have the
ability to make their own binding determinations as to whether or not to be included within
Redlands sphere of influence, the parties recognize the need for agreement as to future
applications to LAFCO. For the period commencing on the effective date of this Agreement and
ending on June 1, 2025, notwithstanding any other provision of law existing today or in the
future, City agrees as follows: (i) no portion of the Donut Hole Area which was removed from
City's sphere of influence pursuant to Government Code Section 56429 (by LAFCO action
effective on October 18, 2000), shall be added to City's sphere of influence or annexed to City,
unless the entire Donut Hole Area is added to the sphere of influence of City and/or annexed, as
applicable, pursuant to the procedure set forth in this Section 7 (which is established in
recognition of Government Code Section 56429). The parties hereto agree that, unless and until
landowners owning fifty percent (50%) or more of the aggregate assessed property value of all
property located within the Donut Hole Area file (with San Bernardino County LAFCO) written
positions in favor of a petition for adding the entire Donut Hole Area into the City's sphere of
influence, and such positions are not withdrawn prior to the conclusion of the LAFCO hearing
regarding such sphere change, the Donut Hole Area shall not be added to the City's sphere of
influence. Furthermore, the parties hereto agree that, unless and until landowners owning fifty
percent (50%) or more of the aggregate assessed value of all property located within the Donut
Hole Area file (with San Bernardino County LAFCO) written positions in favor of a petition for
annexing the entire Donut Hole Area into the City, and such positions are not withdrawn prior to
the conclusion of the LAFCO hearing regarding such annexation, the Donut Hole Area shall not
be annexed into the City. City agrees to take such actions, and to refrain from taking such actions
(such as, among others, filing applications or petitions with LAFCO), as necessary to comply
with the terms and conditions of this Section.
The City acknowledges and agrees that it has not yet obtained approval pursuant to
Government Code Section 56133 to provide any Public Services to the Donut Hole Area, and
that such approval is required before the City can provide such Public Services to the Donut Hole
Area. The City agrees that prior to June 1, 2025, it shall not seek approval pursuant to
Government Code Section 56133 to provide Public Services to the Donut Hole Area, and will
object if others seek such approval for the City to provide Public Services to the Donut Hole
Area, unless the City obtains the prior written consent of the property owners within the Donut
Hole Area with fifty percent (50%) or more of the assessed property value within the Donut Hole
Area. The City agrees that it will not object, and will not support in any way the objection of
others, to any LAFCO approval that may be necessary or desirable for the provision of Public
Services by any Public Service Providers to the Donut Hole Area.
For the period commencing on the effective date of this Agreement and ending on June 1,
2025, notwithstanding any other provision of law existing today or in the future, RJV and
LIDHOPA agree as follows: (i) no portion of the Donut Hole Area which was removed from
City's sphere of influence pursuant to Government Code Section 56429 (by LAFCO action
effective on October 18, 2000), shall be added to City's sphere of influence or annexed to City
7
Settlement Agr 1.26.01.add2.doc
unless and until City consents, in writing to such change in sphere of influence and/or
annexation.
8. Termination of Dispute Regarding AB 1544
The parties hereto agree that, in order to avoid further dispute and expenditure of funds in
connection therewith, it is in the best interest of both parties to terminate all disputes and
lobbying regarding AB 1544. In furtherance thereof, City stipulates and agrees that (i) it will not
file any suit, claim, petition, action and/or challenges and will not take or support any other
action that would challenge, in any way the provisions and/or constitutionality of AB 1544. In
recognition of its obligation to comply with state law, City agrees to abide by the terms and
provisions of AB 1544 and fully cooperate with its implementation. In addition, City agrees that
it (i) will not lobby for, support or in any way encourage passage of any California state bill that
would modify, amend, rescind or in any other way affect the provisions of AB 1544, and (ii) will
inform RJV in writing, within ten days of receipt of knowledge, of any proposed bill or other
legislative or administrative action that would amend, modify, rescind, delay or otherwise affect
the provisions of AB 1544.
9. IVDA Provision Of Services
The City agrees that the Inland Valley Development Agency ("IVDA") may provide Public
Services to the Donut Hole Area (including but not limited to the Property and the Citrus Plaza
Project), notwithstanding any provision of any other agreement involving the City and the
IVDA, including without limitation the Agency Settlement Agreement by and among the IVDA,
the City, the City of Highland, and the East Valley Association dated April 21, 1992. The City
hereby waives and releases any right it may have, contractually 'or governmentally, to prohibit,
restrict, limits or impede the provision of Public Services to the Donut Hole Area (including but
not limited to the Property and the Citrus Plaza Project) by the IVDA or any other.party. The .
City agrees to execute a written modification incorporating the provisions of this Section 9 into
the Agency Settlement Agreement, if requested by the IVDA.
10. Attorney Fees And Costs For Prior Proceedings
Each party shall bear its own attorneys' fees, costs and other litigation expenses for the
legal proceedings prior to the date of execution of this agreement, and each party waives any
claim it may have against another party for any such fees or costs.
11. Inte retation Of Agreement
This Agreement shall be construed as if it were equally drafted by all parties. This -
Agreement is intended to be a binding contract among the parties, enforceable by its terms. All
of the indemnity and defense obligations contained within this Agreement shall be construed
under the body of California law applicable to insurers, and the indemnitor under this Agreement
shall act in the role of insurer. The Riverside Judgment, the San Bernardino Judgment in the
Hershey Judgment are intended to be judgments enforceable by their terms, binding upon the
parties, and entitled to full res judicata and collateral estoppel effect, as if the Superior Court had
entered the Judgments after a contested trial on the merits before the Superior Court. All
Exhibits and their attachments are part of this Agreement, as if set forth in the Agreement in full.
Settlement Agr 1.26.01.add2.doc
No modification, waiver or amendment to this Agreement or its exhibits and attachments shall be
effective unless it is in writing and signed by each of the parties hereto.
12. Agreement As Integrated Document
Other than the text of this Agreement (including all exhibits and attachments hereto), there
are no other agreements or understandings, oral or written, express or implied, among any of the
parties regarding the matters set forth in this Agreement, This Agreement contains the entire
agreement and understanding among the parties with respect to the subject matter of this
Agreement. All prior agreements, negotiations, understandings and discussions with respect to
the subject matter of this Agreement have been completely abrogated and superseded by this
Agreement. The parties indicate that no written document or oral statement or other event or
statement by the parties, other than the text of this Agreement, is relevant to the interpretation of
this Agreement or any of the parties' intent in entering into or drafting this Agreement.
13. Third Party Beneficiaries
The following are express third party beneficiaries to this Agreement: (1) the remaining
property owners (other than RJV) in the Donut Hole Area, their successors in interest, and
UDHOPA; (2) the City of San Bernardino and political subdivisions thereof; (3) County Service
Area 70, County Service Area 110, and any other special district or other political subdivision of
the County of San Bernardino such as County Improvement Zone EV-1; (4) any other Public
Service Provider that may at any time provide Public Services to the Donut Hole Area (including
but not limited to the Property and the Citrus Plaza Project); (5) the RJV Related Parties and
their successors in interest; and (6) the IVDA and its successors in interest. Except as set forth
above in this section, there are no express or implied third party beneficiaries to this Agreement.
There are no parties to this Agreement other than the City, the County and RJV. Except as
otherwise expressly provided herein or any Exhibits to this Agreement, no party is acting as the
agent or representative of another entity in entering into this Agreement. No party may assign its
rights or delegate its duties under this Agreement, The foregoing notwithstanding, RJV (and any
successor in interest thereof) may, without the consent of the other parties hereto, assign its
rights and duties under this Agreement to one or more successors in interest that acquire all or
any portion of RJV's ownership interest in the Property; provided, however, this Agreement
shall be binding upon the parties hereto and their respective successors and assigns.
Notwithstanding any other provision of this Section 13, this Agreement may be modified solely
by written amendment executed by City, County and RJV. Any such amendment shall not
require the consent or signature of any third party beneficiary of this Agreement (including but
not limited to UDHOPA), it being agreed that the benefits of this Agreement have been
conferred by the parties hereto and that such parties shall have the authority to amend this
Agreement as they deem fit.
14. Time Of Essence
Time is of the essence in the performance of this Agreement.
Settlement Agr 1.26.01.add2Aoc
15. Counterparts
This Agreement may be executed in counterparts, and shall become effective upon the
signature of each and every party hereto to one or more separate copies to this Agreement.
16. Authority Of Signatories And Parties
The persons signing or consenting to the provisions of this Agreement represent and
warrant that they have the authority to act on behalf of the entities for which they are signing,
including the authority (to the extent applicable): (i) to enter into this Agreement, (ii) to sign and
file the stipulations for entry of the Riverside Judgment and San Bernardino Judgment and to
consent to the entry of the Riverside Judgment and San Bernardino Judgment as described in this
Agreement, (iii) to sign and file the Hershey Judgment. Each party hereto represents and
warrants that it has the authority to enter into this Agreement and has authority to bind itself to
these terms. Furthermore, the City represents and warrants that, in addition to its governmental
capacity, it also is entering into this Agreement in its proprietary capacity as the operator and
proprietor of certain utility systems for the delivery of water and sewer services, and in its
proprietary capacity due to its ownership or control of certain streets and public right of ways.
Each party shall indemnify, defend, protect and hold harmless the other parties and their
respective successors and assigns from and against any claim that such indemnifying party lacks
the authority to enter into this Agreement and to comply with its terms.
17. Disputes Under Agreement
Should any dispute arise concerning this Agreement, the prevailing party shall be entitled
to recover reasonable litigation costs and attorneys fees. Venue for any litigation concerning any
dispute which arises under this Agreement shall be the Superior Court of Orange County.
18, Waiver
The City, on behalf of itself and its officers, officials, employees, councilmembers,
constituents, successors and assigns, hereby covenants not to (and hereby waives any right to)
sue, contest, challenge, or pursue any action, claim and/or cause of action in any manner
(including any judicial, administrative, public, or other legal proceedings, appeal, challenge or
lawsuit) (collectively referred to herein as "Challenges"): (i) the Citrus Plaza Project, the
development of the Property, the Project Approvals (as defined in Section 21 (a) below) and/or
the actions of the IVDA, the City of San Bernardino, the County, County Service Area 70,
County Service Area 110, any special district or other political subdivision of the County such as
County Improvement Zone EV-1, any other Public Service Provider, and/or their designees or
assigns associated with the provision of Public Services or the amendments or repeal of portions
of the County's General Plan, the County's East Valley Corridor Specific Plan, any County
zoning ordinance, and the County Preliminary Development Plan and the County Final
Development Plan pertaining to the Citrus Plaza Project ("Citrus Plaza Related County Actions")
, as that project, those land use documents, and possible associated governmental actions are
described in the Notice of Preparation issued by the County under the California Environmental
Quality Act ("CEQA") attached as Exhibit I, (ii) any governmental and/or other action by the
IVDA, the City of San Bernardino, the County, County Service Area 70, County Service Area
10
Settlement Agr 1.26.01.add2.doc
110, any special district or other political subdivision of the County such as County
Improvement Zone EV-1, any other Public Service Provider, RJV, and/or their respective
successors and assigns implementing, concerning or relating to any of the issues related to the
Riverside Judgement, the San Bernardino Judgment and/or this Agreement, and/or (iii) any
governmental and/or other action of the Regional Board or the State Board relating to the Citrus
Plaza Project, the development of the Property, the provision of water and/or sewer service to the
Property and/or the Donut Hole Area, and/or any discharge permit in connection therewith.
Additionally, the City hereby unconditionally waives, releases and discharges any rights it may
have under the Judgment entered in San Bernardino Superior Court Case No. SCV 34737, and
the City covenants that it shall not assert that such judgment is entitled to any res judicata or
collateral estoppel effect in any future judicial proceeding. The City hereby waives and releases
any claim that the Citrus Plaza County Approvals granted to the Citrus Plaza Project on
January 9, 1996 were and/or are contrary to law or otherwise invalid under any provision of law.
RJV and UDHOPA, on behalf of themselves and their officers, officials, employees,
members, successors and assigns, hereby covenant not to (and hereby waive any right to) sue,
contest or object or challenge in any manner (including any judicial, administrative, public, or
other legal proceedings, appeal, challenge or lawsuit) (collectively referred to herein as "Hershey
Challenges"): (1) the Hershey Project or the development of the land on which such project is
located, (2) the actions of the City in approving entitlements or any other ministerial or
discretionary approvals in connection with such project, including but not limited to approval of
a negative declaration under CEQA, the Commission and Review Approval for the project, the
abandonment of an adjacent street, the granting of grading and/or other permits and the granting
of a certificate of occupancy, and/or (3) any other action by any other governmental entity in
connection with the Hershey Project.
19. No Assistance To Others
Each party hereto (and UDHOPA in the case of the Hershey Judgment) agrees that it shall
not provide any financial or other assistance, directly or indirectly, to any person or entity which
appears in any administrative, judicial or legal proceeding to advance positions inconsistent with
terms, provisions and/or intent of this Agreement, the Riverside Judgment, the San Bernardino
Judgment and/or the Hershey Judgment.
20. Release
Except as set forth in the Riverside Judgment and San Bernardino Judgment, the Hershey
Judgment or this Agreement, each party hereto (and, in the case of the Hershey Lawsuit,
UDHOPA) hereby releases and forever discharges the other parties hereto (and, in the case of the
Hershey Lawsuit, UDHOPA) and their past, present and future members, officers, agents,
employees, affiliates, predecessors and successors -in -interest, insurers, officials, officeholders,
agents, partners, sureties, stockholders and other persons of similar kind from all claims,
demands, causes of action, attorneys' fees, costs, suits and/or liabilities of whatever kind or
nature, fixed or contingent, known or unknown, in law or equity in any way connected with or
arising directly out of any of the matters encompassed within Riverside Superior Court Case No.
293198, San Bernardino Superior Court Case No. SCV 38504, San Bernardino Superior Court
Case No. SCVSS 73615, and any and all of the pleadings filed therein.
Settlement Agr 1.26.01.add2.doc 11
21. Additional Releases
a. For purposes of this agreement, the term "Project Approvals" shall mean all
necessary discretionary or ministerial past, present and future actions (pertaining to the Citrus
Plaza Project) by the County and/or other agencies (including but not limited to the City of San
Bernardino and the IVDA) having jurisdiction over the Citrus Plaza Project, and all collateral or
related past, present and future actions or approvals and agreements entered into or issued by any
public agency or private organizations or entities pertaining to the Citrus Plaza Project, including
without limitation, (1) the EIR mitigation monitoring plans, building and other permits, any
funding or financing determinations, the terms of which may not be fully known at this time,
general or specific plan amendments, zone changes, FIRS, EIR Addenda, EIR supplements,
negative declarations, and related subordinate approvals, or any other past, present or future
permit, approval, action or determination of a public agency in furtherance of the Citrus Plaza
Project or any portion thereof, and (2) any amendments, problems, rescissions, terminations,
extensions, public agency legislative approvals, public agency resolutions, public agency
administrative approvals, or judicial approvals pertaining to any of the foregoing.
b. This Agreement settles and concludes all claims and causes of action which have
been, or could be, stated in the Riverside Lawsuit, the San Bernardino Lawsuit or the Hershey
Lawsuit and any future Challenges to the Project Approvals. City hereby waives any and all
causes of action which could arise out of commencement of any future Challenges to the Project
Approvals or arising out of the Projector the Project Approvals. Furthermore, City hereby
releases and forever discharges RJV, its present and former partners, stockholders, parents and
subsidiary corporations, Raiders, affiliates, agents, representatives, predecessors and successors -
in -interest, assigns, transferees, associates, employees, insurers, attorneys, officers, directors,
officials, underwriters, sureties, guarantors, lenders and contractors, and each of them ("RJV
Releasees") and the County, the City of San Bernardino, the IVDA, and their political
subdivisions, boards, councils, agents, representatives, employees, attorneys, officers,
officeholders, and officials, and each of them ("Public Releasees" and together with the RJV
Releasees, "Releasees") from any and all suits, claims, or causes of action, in law or in equity,
for indemnity, contribution or otherwise; from debts, liens, contracts, agreements, promises,
liabilities, demands, damages, losses, costs, or expenses, of any nature whatsoever, known or
unknown, fixed or contingent, which they, or any of them, have against the Releasees, or any of
them, arising from, based upon or relating to the Citrus Plaza Project or any portion of the
Project Approvals, or any and all impacts disclosed in the EIR, including but not limited to, any
facts which could have been alleged in litigation or could be alleged in any future Challenges to
the Project Approvals, With respect to the Hershey Lawsuit and the Hershey Project, RJV and
UDHOPA hereby waive, and release and forever discharge each of City and its council, its
councilmembers, agents, representatives, employees, attorneys, officeholders and officials from,
any and all causes of action which could arise out of approval or construction of the Hershey
Project, and/or any and all entitlements which City has granted or in the future may grant in
connection with the Hershey Project, whether such claims or cause of actions arise under City
ordinances, the California Environmental Quality Act, or other claims or causes of action of any
nature whatsoever.
C. This Agreement settles and concludes all claims and causes of action which could
have been, or could be, raised by RJV or UDHOPA in connection with the capacity of the City
12
Settlement Agr 1.26.Ol.add2.doc
wastewater plant to service any property, including without limitation any property located
within the specific plan area encompassed by the East Valley Corridor Specific Plan, and RJV
and UDHOPA hereby waive, and release and forever discharge each of City and its council, its
councilmembers, agents, representatives, employees, attorneys, officeholders and officials from,
any and all such claims and causes of action concerning the capacity of the City wastewater plant
to service any property.
22. General Release
Any and all claims specifically released or waived pursuant to any provision of this
Agreement, including but not limited to Sections 18, 20, and 21 hereof, are hereby defined as
"Released Claims."
THE PARTIES ACKNOWLEDGE THAT THEY HAVE BEEN ADVISED BY THEIR
LEGAL COUNSEL AND ARE FAMILIAR WITH THE PROVISIONS OF CALIFORNIA
CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECTED EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
THE PARTIES ARE AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE
ANY RIGHTS THEY MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER
STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT WITH RESPECT TO
RELEASED CLAIMS.
The parties represent and warrant that there has been and there will be no assignment or
other transfer of any interest in any Released Claims. The parties agree to indemnify and hold
the respective Releasees, or any to them harmless from any liability, claims, demands, costs,
expenses and attorneys' fees incurred by any of them as a result of any person asserting any
rights to Released Claims under any such assignment or transfer.
23. Enforcement
The terms of this Agreement are subject to specific performance. This Agreement maybe
stated as a defense to, and may be used as the basis for injunction against (1) prosecution of any
Released Claim or (2) any action challenging the Citrus Plaza Project or Project Approvals in
violation of the covenant not to sue. The parties hereto agree that monetary damages alone
would not be adequate to compensate any party for breach of this Agreement and agree that this
Agreement may be enforced by a preliminary or permanent, mandatory, or prohibitory
injunction, by a decree of specific performance, or such other order or decree of a court of
competent jurisdiction. The agreed remedy as set forth herein shall not be construed to limit or
derogate from any legal or equitable remedy authorized by applicable law. If either RJV or the
City, or any Party Related Person related to RJV or the City violates any provision of this
Agreement or later contests the validity or enforceability of this Agreement, then the violating
party (or the party to which such Party Related Person is related shall) indemnify, protect,
defend, and reimburse the other party from, against, and for any and all damages incurred by the
13
Settlement Agr 1.26.0l.add2.doc
other parties, including consequential damages and reasonable costs and attorneys fees as a
result.
24. Conditions And Effectiveness Of Agreement
This Agreement shall be effective upon the signature of each party to a counterpart of the
Agreement. There are no other conditions precedent to the effectiveness of this Agreement. As
set forth above, if all of the Riverside Judgment, San Bernardino Judgment and the Hershey
Judgment are not entered by each respective court by March 1, 2001, (or such later date as all of
the parties' respective attorneys may stipulate in writing), then this Agreement shall be null and
void and of no force and effect.
25. Other Documents and Actions
Following the execution of this Agreement by the parties, and the entry of the Riverside
Judgment, the San Bernardino Judgment and the Hershey Judgment, the parties agree to take any
and all actions and to execute such additional agreements, documents and writing as are
reasonably requested by any party to this Agreement to effectuate the provisions of this
Agreement.
26. Severability
Should any section of this Agreement be held invalid or unenforceable in any judicial
proceeding, the remaining sections of this Agreement shall be regarded as severable and shall
remain in effect and shall be valid, notwithstanding such determination. Any party hereto
representing or warranting that any provision of this Agreement is valid and enforceable shall
nonetheless be liable in money damages for violation of such representation or warranty, even if
such provision were held invalid or unenforceable.
In witness whereof, the parties have executed this agreement to be effective on the date
set forth above.
CITY OF REDLANDS
By:
Title:
Date: -o
COUNTY OF SAN BERNARDINO
By:
Title; Chairman, 40card of Supervisors
Date: February 13, 2001
14
Settlement Agr 1.26.O1.add2.doc
REDLANDS JOINT VENTURE, LLC, a
California limited liability company,
(successor to Redlands Joint Venture, a
California general partnership)
By: Majestic Realty Company,
a California corporation, Manager
By:,� i
Edward P. Roski, Jr., President
By: Curci-Turner Company,
a California general partnership, Manager
By:�.
Jo i, Trustee of the Curci
R ocablcc
Trust No. 2, dated
June 2, 1975
APPROVED AND CONSENTED TO THIS 3I54- DAY OF JANUARY, 2001
UNITED DONUT HOLE OWNER
PROPERTY ASSOCIATION,
An unincorporated association
By:., 1
Richard K unihira, President
15
Settlement Agr 1.26.01.add2.doc
List of Exhibits ! .
Exhibit A Legal Description of RJV Property
Exhibit B Legal Description of Donut Hole Area
Exhibit C Citrus Plaza County Approvals
Exhibit D Stipulation for Entry of Judgment in Riverside Action
Exhibit E Stipulation for Entry of Judgment in San Bernardino Action
Exhibit F Stipulation for Entry of Judgment in Hershey Lawsuit
Exhibit G Easement and License to be Granted by City for Donut Hole Utility Crossing
Exhibit H Plans for Relocation of Sewer Line to Spencer Street
Exhibit I Notice of Preparation for County EIR for Changes to General Plan, Specific Plan,
Zoning Ordinance and Citrus Plaza Entitlements
16
Settlement Agr 1.26.01 addUm
EXHIBIT A
LEGAL DESCRIPTION OF DONUT HOLE AREA
[to be added]
County Easement 002
List of Exhibits
j
Exhibit A Legal Description of RJV Property
Exhibit B Legal Description of Donut Hole Area
Exhibit C Citrus Plaza County Approvals
Exhibit D Stipulation for Entry of Judgment in Riverside Action
Exhibit E Stipulation for Entry of Judgment in San Bernardino Action
Exhibit F Stipulation for Entry of Judgment in Hershey Lawsuit
Exhibit G Easement and License to be Granted by City for Donut Hole Utility Crossing
Exhibit H Plans for Relocation of Sewer Line to Spencer Street
Exhibit I Notice of Preparation for County EIR for Changes to General Plan, Specific Plan,
Zoning Ordinance and Citrus Plaza Entitlements
16
settlement Agr 1.26.01.add2.doc
EXHIBIT "A"
LEGAL DESCRIPTION OF RJV PROPERTY
Legal Description of M Property
EXHIBIT k
PARCEL NO. 1:.
THE WEST 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF. THE
NORTHWEST 1/4 OF SECTION 21, TOWNSHIP 1 SOUTHr RANGE 3 WEST, SAN
BERNARDINO •BASE AND ME&IDIAN, IN THE COUNTY OF SAN BERNARDINOr.
STATE OF CALIMPIMr ACCORDING TO THE OFFICIAL PLAT OF SAM
LAND. .
a.: ual• r aal• ai' • . Hal 1 - ai 1 " al .•• . • '•all • :•
N:1• r` al• • • 1• l Wal• ' .. / ail r r : • •
:1' .., opt): qo a _ : • • . ' N' r: all 4' r Yal• a :1 1'
4aal N' _ • • r I' 1 al U:1ai N d • 4: 1 ai
4aal N' 1 al' • u•t' r 1' . ' 4: al Vaal a
.•• 1 al • 4a' •• ■• 7' a r I
ALSO EXCEPTING.Tmmmox TEAT PORTION CONOEYED-To WE COUNTY OF
SAN BERIMMINOr A BODY CORPORATE AND POLITIC OF. THE STATE OF
CALIFORNIA BY DEW RECORDED DECEMBER It U52 IN BOOK 3063r PAGE
256r OFFICIAL RECORDS.
ALSO BYCEPTING THER13PROM TEAT PORTION OF .SAID LAND WHICH WAS
GRANTED TO THE COMM OF SAN BERNARDINOr. ` .BODY CORPOMM,AND
POLITIC OF THE STATE OF CuAmm NIA BY DEED RECORDED STPTEMBER
�30�,�. �1.9q7�1•IN BOOR 7764, PAGE US, OFFICISL!=CORDS, DESCRIBED AS
��
":4.'J�"k"�S il'C •'..� i S.' rv?'�ic1 rFf .:vk'�iralat�T-w(r`?h'1fi
I
PARCEL . 710: 1-Ai
COMMENCING AT Tim INTERSECTION OF THE EAST LINE OF PiLABAMA
STREET, 66.00 FEET WIDE AND THE. SOUTH LINE OF SAN BERNARDINO
AVENUEr•82.50 FEET WIDE ASIBAID STREETS ARE SHOWN ON COIINTY'MAP
NO. C.S. 6486 (SHEET 6 OF 15 SEWS) ON FILE IN THE OFFICE OF
THE SAN BERNARDINO COUNTY SURVEYOR: THENCE SOUTH ALONG TILE EAST
LINE OF SAID ALABAMA`STHEETr A DISTANCE OF 150.00 FEET: THENCE
AT RIGHT ANGLES, EASTERLY A DISTANCE OF 17,00 FEET TO A POINT ON
•A LINE THAT IS 17.00 FEET EAST OF, AND PARALLEL WITS'TSE EAST
LINE OF SAID ALABAMA STREET=•THENCE NORTH ALONG. SAID pARarrM
LINEr A DISTANCE OF 15.00 FEETr MORE OR LESSr TO A POINT ON THE
SOUTH'LINE OF SAID SAN BERNARDINO; THENCE WEST'ALONG THE SOUTH
EXHIBIT A.
LINE OF SAID SAN BEIZARDINO AVENUE, A DISTANCE OF 17.00 FEET,
MORE OR LESS, TO THE POINT OF'BEGINNING.
PARCEL NO. 1—B:
A TRIANGULAR SHAPED PARCEL OF LAND, (BEING A 20.00 FOOT.RADIU6 CORNER RETURN) BOUNDED AS FOLLOWS:
ON THE NORTH BY THE SOUTH LINE OF SAID SAN BERNARDINO AVENUE, 82.50 FEET WIDE; ON THE WEST BY THE EAST LINE OF SAID PARCEL NO.
1A, ON THE SOUTHEAST BY THE ARC OF A CURVE, CONCAVE TO THE
SOUTBE STr HAVING A RADIUS OF 2040 FEET; SAID CURVE BEING
TANGENT TO THE SOUTH LINE OF SAID SAN BERNARDINO AVENUE AND ALSO
TANGENT TO THE EAST LINE OF SAID PARCEL N0. 1-A.
PARCEL NO. 2:-
TBE EAST 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 21, TOWNSHIP T SOUTHr RANGE 3 WEST, SAN
13MUMDINO BASE AND MERIDIANr IN•THE COUNTY OF'SM .BMNARDINO,
LAND.
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL•PLAT OF SAID
PARCEL NO. 3:
THE WEST 1/2 OF THE EAST 1/2 OF TEE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 21, HI, SAN
BERNARDINO SASE AND MERIDIAN, TOWNSHIP THEP 1 SOQT, RANGE 3 WESTCOUNW QF SAN BERNARDINO,
STATE OF CALIFORNIAr ACCORDING TO1� OFFICIAL PLAT OF SA LAID
ND. ,
PARCEL'NO.
:• • ' THE
NORTHWEST 1/4' NORTHWEST. 2/4 -or WE
al• 1, . 1 r • : en 151 r1 r; u:l ♦1 1 , • '
smaks or
3RD3M0r
11 ... mar-lor SM
ROADS AM
ALSO EXCEPTING THEREnom THE PAST
11 ul' .' :1
THEREOF.NORTH
SAID NORTH 365 FEET BEING MEASURED FROM THE CENTER LINE OF SAN
BERNARDINO AVENUE.
PARCEL NO. 5:
THAT PORTION OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 21, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE
AND MERIDIAN, IN THE COUNTY OF SAN BMWMINO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE
.NORTHWEST 1/4 OF SECTION 21; THENCE EAST ON THE NORTH LIRE OF
THE SOUTH 1/2 OF THE NORTHWEST 1/4y .560 FEET TO THE EAST LINE OF
THAT..CERTAIN.IZDME.WHICH LIES ON ME EAST LINE OF THE SOUTHWEST.
1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION,
EXTENDING NORTH IN A STRAIGHT LINE TO THE NORTH LINE OF THE
SOUTH 1/2 OF THE NORTHWEST 1/4; THENCE SOUTH ON THE EAST LINE OF
SAID FLUME, 643 1/2 FEET;. THENCE WEST .660.FEET,...TO_.THE WEST
LINE OF SAID NORTHWEST 1/4 OF. SAID:'SECTIONJ':THENCE"'NORTH ON THE
WEST LINE OF SAID SECTION, 643.1/24FEET::TO.THE $OINT.OF
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN'
-BERNARDINO, A BODY CORPORATE AND POLITIC OF THE. STATE OF
CALIFORNIA-Hy DEED RECORDED.NOVEMBER 20, 1952 IN BOOR 3057, PAGE
90, OFFICIAL RECORDS.
PARCEL NO. 6:
THE EAST 20 RODS ON THE WEST 60 RODS OF THE SOUTH 1/2 OF THE
NORTHWEST I/4 OF SECTION 21, TOWNSHIP 1 SOUTSs-RANGE 3 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY -.OF SM.BMUMD1301
STATE OF.CAL 7rFORNIA, ACCORDING TO THE OFFICIAL PLAT OF.SAM
LAND.
PARCEL NO.•7:
-BEGMING 40 RODS EAST OF WE NORTHWEST CORNER OF THE SOUTHWEST
1/4 OF SECTION 21, TOWNSHIP i SOUTH, RANGE 3:WEST,,.SAN
BERNARDINO-BASE AND.MERIDIBNi::TH8 C0UNTY1NO,
STATE OF:;'CALIFORNIAr,"'ACCORDING .TO'THE..OFFICIAL':1iLAT:;OF SAID..
`LAND; '.THENCE. EBST`°40'• RODS;,'•ZNCzj=TH;,80 3I0D5-o�}IdORE OR `?:ESS,
"TO THE: SOUTS;LTNE'OF"THE'NORTHt_1/2. OFw:THL"NORTHWE$T 1/4 Or AgAID
SECTIONS; THENCE. WEST 40 RODS; THENCE SOUTH SO RODS TO ME PLACE
OF BEGINNING. EXCEPTING TMEFROM THAT PORTION THEREOF LYING
WESTERLY OF THE EAST LINE .OF THE WEST 60 RODS OF THE SOUTH 1/2
OF THE NORTHWEST 1/4 OF SAID SECTION 21..
PARCEL NO. S:
THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 21, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SM BERNARDINO AND
i�
MERIDIANr IN THE COUNTY OF SW BERNARDINOr STATE OF CALIFORNIA,.
ACCORDING TO THE OFFICIAL TOWNSHIP PLAT THEREOF.
EXCEPTING THAT PORTION INCLUDED IN LUGONrA AVENUE USED AS A
PUBLIC HIGHWAY.
ALSO EXCEPTING THEREFROM THAT PORTION OF THE NORTHWEST 1/4 OF
ECTION 21, TOWNSHIP 1 SOUTH, RANGE 3 WESTr SAN BERNARDINO
MERIDIANr ACCORDING TO THE OFFICIAL TOWNSHIP PLAT THEREOFr
DESCRIBED AS FOLLOWS .
—.COMMENCING.AT.THECENTERLINE.INTERSECTION OF LIIGONIA AVENUE THE
WEST LINE OF SECTION 21, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN
ERNARDINO. MERIDnN;:, WENCE EAST :ALONG. =.-CEMW. SINE OF
LIIGONIA AVENIIE, 654.80 FLET fi0._A::P.OINT.:BjpE'unrrmrru.mmmm To
AS POINT "A" j. THENCE AT RIGHT.: ANGLES.°.NORTH..:7 .. 70 . FEET TO THE
TRUE POINT OF BEGINNING; THENCE .WEST.'AT..:RIGRT:ANGLESr'24 FEET;
THENCE NORTH AT. RIGHT ANGLESr 30 FEET; THENCE EAST AT RIGHT
ANGLES, 24 FEET; THENCE SOUTH AT RIGHT ANGLES, 30 FEET TO THE
POINT OF BEGINNING.
• / WDI/ • / DI/ t
ALSO EXCEPTING THA PORTION CONVEM To TEE COUNTY OP SAN
: DI' ► R • By
► Elul► DATED AUGUST
It RECORDED OCTOBER
••PAGE 356t OPrICIAL RECORDS.
ALSO EXCEPTING'.Y'lul•EP• •
SAN BERNARDINO ! alai► RECORDED MAY 8j, 1961• ` BOOK
ONTIPIAL.FL CORDS
PARCEL NO. 8 A:
��,/�w�um4•,xir`�'--��
-THAT.,PORT'ION.,OF THE..N f iY¢ri:� �rt�. :<p4 wit , nNr••• w, '':'� .. .:.
ORTHREST:1%4..OFWSECTION"21;�<TOWNSHIP' 1
SOIITH, 'RANGE `3 WESTi 6AN' BERNARDIN zxERIDIANrxxN,.l E::COIINTY OF
SAN BER WMlNO.•cSTATE•:OF'-CALTFORNIA; %=RDMC;"FOIM,':OFFICIAL
TOWNSHIP PLAT THEREOPr DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OP SAID SECTION 21,
toms=P 1 `SOUTHi RANGE 3 WEST, SAVEERNARDINO MERIDIANr '643:.5
FEET SOUTH OF, THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE
NORTHWEST 1/4 OF SAID SECTION; THENCE'EAST 666 FEETr MORE OR
LESSr TO A POINT IN DIVIDING LINE BETWEEN. EAST AND WEST 1/2 Op•
THE SOUTHWEST•1/4 OF. THE .NORTHWEST 1/4 OF SAID SECTION; THENCE
.SOUTH 16.5 FEET; THENCE WEST 660 FEET, MORE OR LESS, TO A POINT
f
IN THE WEST LINE OF SAID SECTION 21; THENCE NORTH 16.5 FEET TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM. THAT PORTION CONVEYED TO THE COUNTY OF SAN
HERNARDINOr A BODY CORPORATE AND POLITIC OF THE STATE OF
CALIFORNIA BY DEED RECORDED JANUARY 28, 1953 IN BOOR 3096r PAGE
2r OFFICIAL RECORDS.
PARCEL NO. 9:
TEE WEST 1/2 OF THE WEST 1/2 OF THE.NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 21, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN
BERNARDINO. BASE..AND..MERIDIANr IN THE. COUNTY OF..SAN.BERNARDINOr .
STATE OF CALIFORNIAr ACCORDING..TO.:GOVERrMMM'`SURVEY*'.
PARCEL 210. 10:.
TBE EAST 1/2 OF THE. WEST 1/2 OF THE NORTHEAST 1/4 OF THE
NORTHWEST.1/4..OF.SECTION'2I,.TOWNSBIP 1:.SOUTH, RANGE 3.WESTr SAN
BERNARDINO BASE AND MERIDIANr IN THE COUNTY OF SAN HERNARDINOr
STATE OF CALIFORNIAr ACCORDING TO GOVERNMENT SURVEY.
EXCEPTING THEFT•FROM`TBAT.:PORTION.CONVEYED TO THE STATE OF
CALIFORNIA BY DEED RECORDED AUGUST 2r 1989 AS- INSTRUMENT NO.
89-280117r OFFICIAL RECORDS.
PARCEL NO. 11:
.:THE ,WEST 1/2. OF THE. WT .1/2 :OP '_"THE NnammaAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 21r`TOWNSHIP 1"SOUTH, RANGE 3 WEST, SAN
BERNARDINO EASE AND.MERIDIANr IN'-MM 'COUNTY OF SAN BERNARDINOr
STATE OF•CALIFORNIAr ACCORDING TO.GOVER11MENT SURVEY.
.'..EXCEPTING'THEREFROM'TEAT'PORTION CONVEYED TO'THE STATE.OF
CALIFQRNIA,'BY::DEED_RECORDEDAUGUST 2r ,1989 AS INSTRUMENT' NOW .
89-280117t 'OFFICIAL' RECORDS.
�+
PARCEL NO. 12:
THE NORTH 1/2 OF -THE WEST 1/2 OF THAT PORTION OF THE NORTHWEST
1/4 OF.SECTION 21r TOWNSHIP 1 SOUTHr RANGE 3 WEST, SAN
BERNARDINO BASE AM,HER.IDIANr IN THE..COUNTY OF SAN BERNARDINOr
STATE -OF CALIFORNIAr ACCORDING TO THE OFFICIAL PLAT OF SAID
LAND APPROVED 'BY THE SURVEYOR..GMUMMr.DATED SEPTEMBER 4r 1858r
DESCRIBED AS FOLLOWS:
BEGINNING 80 RODS EAST OF THE NORTHWEST CORNER OF THE SOUTHWEST
1/4 OF SECTION 21; RUNNING THENCE EAST 40 RODS; THENCE NORTHERLY
80 RODS, MORE OR LESSr TO A
THE NORTHERLY AND'SOUTHERLY
40 RODS; THENCE SOUTHERLY 80
BEGINNING.
PARCEL NO. 13:
LINE DIVIDING THE NORTHWEST 1/4 INTO
-HALVES; THENCE WEST ALONG SAID LINE
RODS, MORE OR LESSr TO THE POINT OF
THE EAST.1/2 OF'THAT'PORTION OF THE.: NORTHWEST 1/4 OF SECTION 21,
TOWNSHIP 1 SOUTHr-RANGE 3 WEST, SAN BERNARDINO BASE AND
MERIDIANi IN 'THE COUNTY' or SAN Binia mnio, STATE. OF. CALIFORNIAr
ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE
SURVEYOR -GENERAL,' DATED.SEPTEMBER 4,.1858r DESCRIBED AS FOLLOWS:
BEGINNING ' 80' RODS" EAST OF" TlIE' NORTHWEST 'CORNER AF ;THE SOUTHWEST
-1/4 .OF SECTION. 21; .RUNNING•.THENCE.:7AST.:40--lwD3 ."THENCE NORTHERLY
80 RODSr MORE 'OR LESS;': TO' ALINE"DIVIDING "THE':.NORTHWEST 1/4 .INTO
THE NORTHERLY AND SOUTHERLY HALVES=.::.1SHENCE.:WEST•:ALONG SAID •LINE
40 RODS;...THENCE.SOUTHERLY So RODS, MORE.OR LESSr. TO THE POINT OF
BEGINNING.
EXCEPTING THEMEMOM THAT PORTION CONVEYED TO THE`STATE OF
CALIFORNIAr BY DEED RECORDED DECEMBER 20r 1978 IN BOOK 9584,
PAGE 641, OFFICIAL RECORDS.
PARCEL •N0. 14:
ALL THAT LAND WITHIN. THE SOUTHEAST 1/4 OF WENORTHWEST1/4 OF
SECTION 21r TOWNSHIP 1 SOUTH, RANGE 3 WESTr SAN BERNARDINO
MERIDIANr.`ACCORDING TO;THE•OFFICIAL*PLAT `OF SAID:LAN6 APPROVED
BY„THE.;SURVEYOR..GENERAL,..'DATED'SEPTEMBER' 4,:.:1858r•.LYING•WEST&LY
AND NORTHERLY OF;.THE FOLLOWING DESCRIBED'LINE:
BMnM3MG AT'A.POINT ON•'.THE NORTHERLY LINE OF.SAID SOUTHEAST
-'11/4r `D STATT: THEREON NORTH 89 DEG. 49' .;01"`':WESTI: A•'DISTANCE. OF
_496..7,4_FEET-FROM•.THE.;NORTHEAST,..CORNERwOF. BAID..SOUMBEAST-2/0 .
Y'�L CE.:SODTH ,OZ. DEG.':"271,30;;;EasT�':' 5$. 6'1E'E ? '0'T i:BEGIMUNG
OF. A`MANGENT SCUM CONCAVE'•WESTERLY"AND:=NAND: Bc2RADIUS OF =::'? .' .
]944 00.'FE,ET; 'THENCE SO�THER2LY ALONG:`:SAIR3.<CORVE'.TBROUG&'An
"ANGLE OF 19 DEG. 18 0 42" - 'A' DISTANCE" OPT655 :23'"TEET; 'THENCE .
SOUTH•.16 DEG. 50!.58" WESTr 348.65 FEET. TO THE BEGINNING OF A`
•TANGENT CURVE CONCAVE. NORTHWESTERLY AND HAVING A RADIUS OF
30.00 FEET;-TUENCE'SOUTHERLYr...SOUTBWESTERLY AND.WESTERLY ALONG
LAST SAID 'CURVE THROUGH AN ANGLE OF 73 DEG. 32' 25"r A DISTANCE
..OF 38.51.FEET TO A POINT ONA, LINE WHICH IS PARALLEL WITH AND
44.00 FEET.NORTHERLYr MEASURED AT RIGHT -ANGLES, FROM THE
SOUTHERLY LINE OF SAID SOUTHEAST 1/4.
EXCEPTING THEREFROM ANY PORTION THEREOF LYING WEST OF THE
i
EASTERLY LINE OF PARCEL NO. 13r DESCRIBED ABOVE.
PARCEL NO. 15:
THE SOUTH.1/2 OF THE WEST 1/2 OF THAT PORTION OF THE NORTHWEST
1/4 OF SECTION 21, TOWNSHIP 1•SOUTH, RANGE 3 WEST. SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINOr
STATE OF CALIFORNIAr ACCORDING TO THE OFFICIAL PLAT OF SAID
LAND APPROVED BY THE SURVEYOR GENEI2ALr DATED SEPTEMBER 4, 1858,
DESCRIBED AS FOLLOWS:
BEGINNING 80 RODS EAST OF THE NORTHWEST CORNER OF THE SOUTHWEST
1/4 OF SECTION 21; RUNNING THENCE EAST 40 RODS; THENCE NORTHERLY
80 RODS,. MORE OR. LESS,=�TO A. LINE DIVIDING TEE •.NORTHWEST_]./4..INTO
TSE''NORTBFRLY2AND,-PSOUTBERLY ; HALVES; ZNCE.l=ST:-3iL0NG. SBIDA=
40' RODS ;`"'THENCE' SOUTHERLY 80 RODS, MORE(OR IiESSr TOr' :,POINT OF
BEGINNING. '
PARCEL N0. 162
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 21r TOWNSHIP 1
SOUTH, -RANGE 3 WESTr SAN BERNARDINO BASE AND MERIDIAN. AS SHOWN
BY GOVERNMENT.' SURVEYr DESCRIBED AS FOLLOWS:
• 1 1�1 e a � �1• �1• . s • 1 e � � •
5i' • • _ `U IDI• / u:1 DI • u:1' MDI Bi'
e 1' • 1 • � :H • : 1 61' • • • :tDl• ' _ 91•
14
D1 • 4:1 u' 1 ' ' f • ' MI f e ua:/1 •1` - H:
' S1 4a:i M` • lt:Y H 1 ai 'uaDl
PARCEL NO. 171 r
A'`12 FOOT WIDE'sEASEMENT'FOR PUSLIC UTILITY'`'AND:ACCESS.PARPOSES
OVERT' 7DER'AND"ACROSS TEAT. PORTION=OF'.°.d mcmoRTSWES9!4QARTER OF
SECTION` 21; 'Il'OWNSBIP #I` SORTS, RANGE"'3`>WEST'S�t"'.BERNARDINO'SASE
AND MERIDIANr DESCRIBED AS FOLLOWS:
COMMENCING AT THE BEREINABOVE'DESCRIBED POINT 'A'; THENCE NORTH
30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING!
NORTH 72.70 FEET; THENCE AT RIGHT ANGLES EAST 12.00 FEET; THENCE
AT RIGHT ANGLES SOUTH 72.70 FEET TO A'POINT ON WE NORTE:LINE
OF LUGONIA AVENUE; THENCE WEST ALONG THE NORTH LINE OF SAID
LUGONIA AVENUEr 12.00 FEET TO THE POINT OF BEGINNING:
TEEREFROM ANY PORTION LYING WITHIN PARCEL NO. 16
ABOVE..
EXHIBIT "B"
LEGAL DESCRIPTION OF DONUT HOLE AREA
PORTIONS OF SECTION 16, AND 21, T1S, R3W, SBBM; MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
FOLLOWING THE VARIOUS COURSES OF THE EXISTING REDLANDS CITY LIMITS,
BEGINNING AT THE INTERSECTION OF THE WEST BOUNDARY LINE OF THE CITY OF
REDLANDS AS ORIGINALLY INCORPORATED, SAID LINE ALSO BEING THE
INTERSECTION OF THE NORTH AND SOUTH QUARTER SECTION LINE OF SECTION 21,
T1S, R3W, SBBM, WITH THE EAST AND WEST QUARTER SECTION LINE OF SAID
SECTION 21;
(COURSE #1) THENCE WESTERLY ALONG THE NORTH SECTION LINE OF SAID SECTION
21 AND CONTINUING ALONG THE EAST AND WEST QUARTER SECTION LINE OF
SECTION 20, T1S, R3W, SBBM, N 89036'37" W 2,673.39 FEET;
(COURSE #2) THENCE WESTERLY ALONG THE EAST AND WEST QUARTER SECTION
LINE OF SAID SECTION 21 AND CONTINUING ALONG THE NORTH SECTION LINE OF
SECTION 20, T1S, R3W, SBBM, S 8902754" W 4,03221 FEET TO ITS INTERSECTION WITH
THE SOUTHERLY PROLONGATION OF THE EAST LINE OF LOTS 6 AND 3 OF BLOCK 6, OF
THE HENRY L. WILLIAMS TRACT, AS RECORDED IN BOOK 11, PAGE 17 IN THE OFFICE OF
THE COUNTY RECORDED, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, LAST
SAID INTERSECTION BEING 1,320 FEET MORE OR LESS EAST, OF THE INTERSECTION
OF THE CENTERLINES OF LUGONIA AVENUE AND CALIFORNIA STREET;
(COURSE #3) THENCE N 00034'48" W 1,305.50 FEET ALONG SAID EAST LINE OF LOTS 6
--- AND 3 AND THE .PROLONGATION THEREOF, TO ITS INTERSECTION WITH .THE
CENTERLINE OF ALMOND AVENUE;
(COURSE #4) THENCE N 89049'36" W 1.316.66 FEET ALONG THE CENTERLINE OF
ALMOND, AVENUE 1.316.66.FEET TO.ITS INTERSECTION WITH THE CENTERLINE OF
CALIFORNIA STREET:
(COURSE 05) THENCE N 0001849" W, 3,959.99:FEET ALONG THE CENTERLINE OF
CALIFORNIA STREET TO ITS INTERSECTION WITH THE CENTERLINE OF PALMETTO
AVENUE;
(COURSE #6) THENCE S 8902749" E 2,645.64 FEET ALONG THE CENTERLINE OF
PALMETTO AVENUE TO ITS INTERSECTION WITH THE CENTERLINE OF NEVADA
STREET;
(COURSE #7) THENCE N 00034-55- E 1,320.22 ALONG THE CENTERLINE OF
STREET TO ITS INTERSECTION WITH THE SOUTH LINE OF PINE STREET (VACATED); NEVADA
(COURSE #8) THENCE S 8902745" E 1,318.13 FEET ALONG THE SOUTH LINE OF PINE
STREET (VACATED) TO ITS INTERSECTION WITH THE SOUTHERLY PROLONGATION OF
THE EAST LINE OF LOT 3, BLOCK 1 OF BROWNS SUBDIVISION OF THE HENRY L.
WILLIAMS TRACT AS RECORDED IN BOOK 8 OF MAPS, PAGE 96, IN THE OFFICE OF THE
COUNTY RECORDER, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA;
(COURSE #9) THENCE N 0035'17" E 661.14 FEET ALONG LAST SAID SOUTHERLY
PROLONGATION AND EAST LINE OF SAID LOT 3 TO ITS INTERSECTION WITH THE
NORTHERLY LINE OF LOTS 3 AND 2, BLOCK 1 OF BROWNS SUBDIVISION;
(COURSE #10) THENCE S 79040'16" E 453.20 FEET ALONG THE NORTHERLY LINE OF SAID
LOT 2;
(COURSE #11) THENCE S 56040'16- E 640.00 FEET,
(COURSE #12) THENCE S 89010'16" E 290.61 FEET TO THE WESTERLY RIGHT-OF-WAY
LINE OF ALABAMA STREET,
(COURSE #13) THENCE S 89010'16" E 20.00 FEET ALONG LAST SAID EASTERLY
PROLONGATION LINE TO THE CENTERLINE OF ALABAMA STREET;
(COURSE #14) THENCE N 00034'57" E 88.63 FEET ALONG THE CENTERLINE OF ALABAMA
STREET, TO THE WESTERLY PROLONGATION OF THE SHOULDER OF THE BLUFF OF
THE SOUTH BANK OF THE SANTA ANA RIVER;
(COURSE #15) THENCE N 89039'20" E 49.29 FEET ALONG THE EASTERLY
PROLONGATION OF A LINE DESCRIBED IN GRANT DEED, RECORDED OCTOBER 9, 1962
IN BOOK 5832, PAGE 746, OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG VARIOUS COURSES IN THE SHOULDER OF THE BLUFF OF THE SOUTH
BANK OF SAID SANTA ANA RIVER, DESCRIBED IN SAID GRANT DEED AS FOLLOWS:
(COURSE #16) THENCE N 89039'20" E, ALONG SAID SHOULDER, 83.58 FEET;
(COURSE #17) THENCE N 79043'10" E, ALONG SAID SHOULDER, 295.94 FEET,
(COURSE 018) THENCE N 73008'36" E, ALONG SAID SHOULDER, 404.77 FEET;
(COURSE #19) THENCE N 61 *19'50' E, ALONG SAID SHOULDER, 221.48 FEET:
(COURSE 920) THENCE N 58009'30" E, ALONG SAID SHOULDER, 297.10 FEET,
(COURSE #21) THENCE N 83000'20" E, ALONG SAID'SHOULDER;'149.66 FEET;
(COURSE #22) THENCE N 8400578" E, ALONG SAID:SHOULDER; :18.1 82 FEET;
(COURSE #23) THENCE N 86038'09" E, ALONG SAID SHOULDER,191.55 FEET;
(COURSE #24) THENCE N 6700332" E, ALONG SAID SHOULDER, 9.36 FEET;
(COURSE #25) THENCE LEAVING THE. SHOULDER OF THE BLUFF OF THE SOUTH BANK
OF THE SANTA ANA RIVER S 67003'32" W 409.89 FEET;
(COURSE #26) THENCE N 72052'22" E 26223 FEET TO THE RIGHT OF WAY OF THE STATE
OF CALIFORNIA FOR STATE HIGHWAY 30;
(COURSE #27) THENCE ALONG SAID STATE RIGHT OF WAY N 00010'18" W 441.13 FEET
TO THE NORTH LINE OF SECTION 17, T1S, R3W, SBBM;
(COURSE #28) THENCE S 89014'55" E 347.32 FEET ALONG THE NORTH LINE OF
SECTIONS 17 AND 16, T1S, R3W, SBBM, TO THE EAST LINE OF THE WEST HALF OF SAID
SECTION 16;
(COURSE #29) THENCE S 0003945" E 3,891.74 ALONG THE EAST LINE OF THE WEST
HALF OF SAID SECTION 16 TO ITS INTERSECTION WITH THE CENTERLINE OF PIONEER
AVENUE;
THENCE WESTERLY ALONG THE CENTERLINE OF PIONEER AVENUE THE FOLLOWING
COURSES AND DISTANCES:
(COURSE #30) THENCE ALONG A NON -TANGENT CURVE, CONCAVE NORTH-EASTERLY,
HAVING A RADIUS OF 500.00 FEET, A RADIAL BEARING BEARS S 04059'53" W, THROUGH
A CENTRAL ANGLE OF 15*4558m. A DISTANCE OF 137.59 FEET;
(COURSE 931) THENCE TANGENT TO SAID CURVE N 69014T9" W 207.19 FEET;
(COURSE 932) THENCE ALONG A TANGENT CURVE, CONCAVE SOUTHWESTERLY,
HAVING A RADIUS OF 1,100.00 FEET, THROUGH A CENTRAL ANGLE OF 20041'56", A
DISTANCE OF 397.39 FEET,
(COURSE #33) THENCE TANGENT TO SAID CURVE N 89056'04" W 12.18 FEET TO A POINT
1,944.8 FEET EAST OF THE WEST LINE OF SECTION 16, Ti S, R3W, SBBM;
(COURSE #34) THENCE LEAVING SAID CENTERLINE, S 0003231" W 746.35 FEET;
(COURSE #35) THENCE WEST 490.60 FEET;
(COURSE 036) THENCE S 01018'16" W 735.79 FEET TO THE CENTERLINE OF SAN
BERNARDINO AVENUE;
(COURSE #37) THENCE S 89°55'47" E 1,267.87 FEET ALONG THE CENTERLINE OF SAN
BERNARDINO AVENUE TO ITS INTERSECTION WITH THE NORTH AND SOUTH QUARTER
LINE OF SECTION 21, T1S, R3W, SBBM;
(COURSE 938) THENCE S 00019'37" E 2,607.71 ALONG LAST SAID QUARTER LINE TO THE
POINT OF BEGINNING.
CONTAINS 1104 ACRES MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HERE OF.
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CITRUS PLAZA COUNTY APPROVALS
i
Exhibit "C"
CITRUS PLAZA COUNTY APPROVALS
The Citrus Plaza County Approvals include, but are not limited to the following:
A. "Development Plan" means the discretionary approvals for the Property that were
approved by County on January 9, 1996 which include, but are not limited to, the
Preliminary Development Plan, the Final Development Plan for Phase I -Area A,
and Tentative Parcel Map 14742. The Development Plan includes by this
reference the "On -Going Procedural or Operational Conditions of Approval"
(pages 1 through 29) as adopted by the County Planning Commission on
November 30,1995 (herein the "Conditions of Approval").
B. Final Development Plan for Phase I Area A" means Owner's plans for +/-
460,000 square feet of retail area to include a temporary, detention basin, the
grading of a maximum of 100,000 cubic yards and undergrounding of above
ground utilities along both sides of Alabama and Lugonia.
C. Preliminary Development Plan" means Owner's plans for a regional mall with
approximately 1.85 million square feet of retail area to be constructed in two
major phases and several subphases, to include a temporary detention basin, the
grading of a maximum of 300,000 cubic yards, and a maximum of four (4) drive -
through facilities.
EXHIBIT "D"
STIPLUATION FOR ENTRY OF JUDGMENT
IN RIVERSIDE ACTION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
[Exhibit D To Settlement Agreement)
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CENTRAL DISTRICT JUDICIAL DISTRICT
THE CITY OF REDLANDS, CASE NO.293198
Plaintiff I
V.
THE COUNTY OF SAN BERNARDINO,
15 1 Defendant.
16 1 REDLANDS JOINT VENTURE LLC,
17 Intervenor and Real Party
in Interest.
18
19 AND ALL RELATED CROSS -ACTIONS
20
STII'ULATION FOR ENTRY OF FINAL
JUDGMENT BY THE COURT
DEPT: 1
TRIAL: 2001
JUDGE: Victor Miceli
21 The parties to this action, by and through their eotive counsel hereb sti ul t t th
22
23
24
25
26
27
28
rasp y p a e o e
entry of judgment as set forth in Exhibit 1 attached to this stipulation.
LATHAM & W/
ATTORWITI AT
!AM Ultao
Judgment Upon Stipulation Of The Parties
I
Each of the counsel signing
below represent that their respective clients have approved
2
this stipulation and the entry of judgment as provided in this stipulation.
3
DATED: January 2001
McCUTCHEN, DOYLE, BROWN & ENERSEN,
LLP
4
Stephen L. Kostka
Daniel J. Curtin, Jr.
5
Julie Jones
6
By
7
Julie Jones
8
Attorneys for Plaintiff, Cross -Defendant,
and Cross -Complainant City of Redlands
9
10
DATED: January , 2001
LATHAM & WATKINS
Christopher W.Garrett
11
James A. Tabb
12
By
13
Christopher Garrett
14
Attorneys for Defendant, Cross -Plaintiff, and Cross -
Defendant Redlands Joint Venture
15
16
DATED: January 2001
REID & HELLYER
17
By
Donald F. Powell
18
Attorneys for Intervenor, Real Party in Interest,
19
Cross -Complainant, Cross -Defendant
Redlands Joint Venture
20
21
DATED: January 2001
COUNTY COUNSEL FOR COUNTY
OF SAN BERNARDINO
22
Rex Hinesley, Chief Deputy County Counsel
Alan K. Marks, County Counsel
23
24
By
Rex Hmesley
25
Attorneys for Defendant, Cross -Complainant, and
26
Cross -Defendant The County of San Bernardino
27
28
1
LATHAM & WATXINS Stipulation Re Entry Of7udgment-RSC.doc
ATTORNLTM AT LAW
SAN Dlsaa
1
2
3
4
5
6
7
8
9'
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DATED: January _, 2001
By
Daniel J. McHugh, City Attorney
Attorney for Cross -Defendant The City of Redlands
LATHAm & WATE
ATTONNZTS AT LAN
BAN BIBOO
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
[Exhibit 1 to Exhibit D To Settlement Agreement]
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CENTRAL DISTRICT JUDICIAL DISTRICT
THE CITY OF REDLANDS,
Plaintiff,
V.
THE COUNTY OF SAN BERNARDINO,
16 1 REDLANDS JOINT VENTURE LLC,
17 Intervenor and Real Party
in Interest.
18
19 1 AND ALL RELATED CROSS -ACTIONS..
20
CASE NO.293198
FINAL JUDGMENT
DEPT: 1
TRIAL: , 2001
JUDGE: Victor Miceli
21 This matter came before the Court on , 2001 pursuant to ex parte application
22 to this Court. By this application, the parties have submitted a stipulation and proposed
23 judgment to the Court requesting that the Court review the matter and enter Judgment pursuant
24 to the stipulation of the parties if the Court believes this to be appropriate. The parties have
25 indicated that this stipulation for entry of judgment was pursuant to a Settlement Agreement
26 among the parties dated January_; 2001, which was also lodged with the Court with the ex
27 1 parte application.
28 //////
Judgment Upon Stipulation Of The Parties
LATHAm & WATR
ATTORNEWN AT LAW
®AM D1900
4
0
7
9
10
11
12
13
14
15
16
17
18
19
20
21 a
22 ]
23 1
24 c
25 "
26 7
27 P
28 P
Attorney Julie Jones represented plaintiff City of Redlands. Attorney Rex Heinsley
represented the County of San Bernardino. Attorney Christopher Garrett represented the real
party in interest Redlands Joint Venture LLC, a California limited liability company, successor
in interest to Redlands Venture.
The Court has reviewed the pleadings in this matter, the ex parte application of the
parties, the Stipulation for Entry of Judgment, and the Settlement Agreement among the parties
dated January 2001.
IT 1S THEREFORE ORDERED, ADJUDGED AND DECREED THAT:
1. This judgment on the merits of the complaint and cross -complaints in this matter is
intended to make a complete determination and disposition of the controversy, including all
issues upon which the parties have sought declaratoryjudgment. This judgment is intended to
resolve all of the questions involved in the case as between the parties and to make a full and
complete declaration, disposing of all questions of rights, status or other legal relations
encountered in construing the instruments, governmental actions and other documents before the
Court.
2. The Court determines that no contract exists between the City of Redlands, and the
County of San Bernardino, County Service Area 110 ("CSA 110"), County Service Area 70
"CSA 70' ), and/or the San Bernardino County Board of Supervisors ("Board of Supervisors"),
;oncerning or regulating the provision of water, sewer, utility and other public services ("Public
iervices') to the unincorporated area of the County of San Bernardino comprised_ of
pproximately 1000 acres and located south of the Santa Ana River, north of the City of Loma
,inda, and west of the City of Redlands, commonly known as the "Donut Hole Area," or other
ortions of unincorporated land included within the East Valley Corridor Area as both terms are
efined by the Complaint for Declaratory Relief filed by the City of Redlands in this action, (the
Unincorporated East Valley Corridor Area") on October 16, 1996, ("the City's Complaint").
he Donut Hole Area includes the property ("Property") owned by real party in interest
edlands Joint Venture LLC, a California limited liability company, successor in interest to
edlands Venture, ("RJV') including the approximately 125 acres of land to be the site of a
LATHAM & WATN
Axoax[r. AT LA"
BAN BIBYU
I planned commercial development (the "Citrus Plaza Project'. The City of Redlands does not
2 have a contractual right to prevent, forbid or regulate the provision of Public Services to the
3 Donut Hole Area by the County of San Bernardino, CSA 110, CSA 70 or the Board of
4 Supervisors, or by any other public or private agencies or entities ("Public Service Providers').
5 Neither the 1984 Agreement referenced in the City's Complaint nor any other agreement to
6 which the City is a party prevents, forbids or regulates the provision of Public Services to the
7 Donut Hole Area by the Public Service Providers.
8 3. The provision of Public Services by the Public Service Providers to the
9 Unincorporated East Valley Corridor Area and/or the Donut Hole Area does not violate any
10 covenant of good faith and fair dealing.
11 4. The provision of Public Services by the Public Service Providers to the
12 Unincorporated East Valley Corridor Area and/or the Donut Hole Area is not inconsistent with
13 the East Valley Corridor Specific Plan.
14 5. The provision of Public Services by the Public Service Providers to the
15 Unincorporated East Valley Corridor Area and/or the Donut Hole Area is not inconsistent with
16 the General Plan of the County of San Bernardino. The fact that the Unincorporated East Valley
17 Corridor Area and/or Donut Hole Area may at onetime have been located within the sphere of
18 influence of the City of Redlands does not prohibit or affect the ability of the County of San
19 Bernardino to determine that a Public Services Provider will provide any Public Services to
20 development projects approved by the County within these areas, including without limitation
21 the Citrus Plaza Project. No provision of California law, including the provisions of California
22 law concerning spheres of influence, gives the City of Redlands the ability to prevent Public
23 Service Providers from providing Public Services to these areas.
24 6. The provision of Public Services by the Public Service Providers to the
25 Unincorporated East Valley Corridor Area and/or Donut Hole Area, including without limitation
26 those proposed public facilities described in the City's Complaint in this action, will not result in
27 a duplication of services and will not result in a compensable taking of property, or provide the
28 City or its municipal utilities with any rights or claims under Public Utilities Code Sections
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1501-1507, or any other statutory, constitutional, common law or other legal doctrine. The Court
finds that such statutes, constitutional provisions, common law or other legal doctrines do not
require the payment of compensation where the facilities at issue are sewer lines or other sewage
treatment facilities. At all times relevant to this proceeding, the City of Redlands did not and
does not have any utility infrastructure within the Donut Hole Area which would trigger any
basis for compensation under these statutory, constitutional, common law or other legal
doctrines. The Count finds that the City is ineligible for compensation under the above -
described legal doctrines by virtue of the provisions of AB 1544.
7. The Public Service Providers are not required to obtain approvals and/or permits from
the City Council of Redlands or the City of Redlands or its public services, public utility or other
departments before owning, leasing, approving or carrying out construction or operation of any
facilities in providing Public Services to the Unincorporated East Valley Corridor Area and/or
Donut Hole Area, and such failure to obtain approvals or permits does not constitute a breach of
contract or violation of law. The Public Service Providers have the right to use the public streets
in the area surrounding the Donut Hole Area, whether owned or controlled by the City of
Redlands or the County of San Berardino, to place below the surface of such streets water
supply, sewer, water conveyance and discharge pipes, other public utilities and facilities of
Public Service Providers, and other ancillary facilities necessary or desirable to provide Public
Services, without the requirement that approval be obtained from the City Council of the City of
tedlands, the City of Redlands, or its public services, streets, roads, public utility or other
iepartments, and such failure to obtain approval does not constitute a breach of contract or
dolation of law.
8. Any provision of Public Services by the Public Service Providers to the Donut Hole
Vea and/or Unincorporated East Valley Corridor Area are lawful, are consistent with and are
iot unauthorized by the East Valley Corridor Specific Plan or the County of San Berardino
Teneral Plan, or other any other provision of statutory or common law.
9. The Court finds that none of the provisions of AB 1544 are unconstitutional under
>tate or Federal law.
LATHAM & WATR
ATTONNNT, AT LAN
BAN Mao
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10. This Judgment shall have res judicata and collateral estoppel effect as if it were a
at on the merits on all issues, entered after a contested trial of the case on all issues by the
Court.
11. The approvals granted by the County of San Bernardino to the Citrus Plaza Project
on January 9, 1996 are valid and remain in effect as of the date of this Judgment.
12. Each party shall bear their own costs and attorneys fees.
I DATED:
Judgment entered on
2001
Honorable Victor Miceli
Judge of the Superior Court
2001, and entered into the judgment book.
Clerk of the Superior Court
ATHAM & W/
ATTORNEYS AT
SM DIEYO
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EXHIBIT '°E"
STIPLUATION FOR ENTRY OF JUDGMENT
IN SAN BERNARDINO ACTION
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[Exhibit E to Settlement Agreement]
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
CITY OF REDLANDS,
Plaintiff,
V.
MAJESTIC REALTY COMPANY,
RV GENERAL PARTNERSHIP NO.2,
CURCI-TURNER
COMPANY, REDLANDS VENTURE
AND DOES 1 through XX, inclusive,
Defendants.
MAJESTIC REALTY COMPANY, et al.,
V.
CITY OF REDLANDS,
Cross -defendants.
CITY OF REDLANDS,
Cross -complainant,
V.
MAJESTIC REALTY COMPANY, et al.,
Cross -defendants.
Case No. SCV 38504
Assigned for All Purposes to the
Honorable Martin Hildreth
STIPULATION FOR ENTRY OF FINAL
JUDGMENT BY THE COURT
Dept.: S-11
Stipulation Re Entry Of JudpnentSBSC.doo]
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Stipulation for Entry of Judgmer
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The parties to this action, by and through their respective counsel, hereby stipulate to the
entry of judgment as set forth in Exhibit 1 attached to this stipulation.
Each of the counsel signing below represent that their respective clients have approved
this stipulation and the entry of judgment as provided in this stipulation.
DATED: January_, 2001 MgCUTCHEN, DOYLE, BROWN & ENERSEN, LU
Stephen L. Kostka
Daniel J. Curtin, Jr.
Julie Jones
By
Julie Jones
Attorneys for Plaintiff, Cross -Defendant,
and Cross -Complainant City of Redlands
DATED: January _,.2001 BROWN, WINFIELD & CANZONERI, INC.
Thomas F. Winfield Iii
Richard J. Sestak
S. Diana Roth
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Richard J. Sestak
Attorneys for Defendants, Cross -
Complainants and Cross -Defendants
Majestic Realty Company, RV General
Partnership No. 2, Curtci- Turner Company,
and Redlands Venture
SATED: January_, 2001 LATHAM.&. WATKINS
Christopher W. Garrett
Allison Rosenstock
By
Christopher W. Garrett
Attorneys for Defendant, Cross -Complainant and
Cross -Defendant Redlands Venture
Re Entry OfJudgmettsssc.doc 2
Stipulation for Entry of Judgment 1
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[Exhibit I to Exhibit E to Settlement Agreement]
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
CITY OF REDLANDS,
Plaintiff,
V.
MAJESTIC REALTY COMPANY,
RV GENERAL PARTNERSHIP N0.2,
CURCI-TURNER
COMPANY, REDLANDS VENTURE
AND DOES 1 through XX, inclusive,
Defendants.
MAJESTIC REALTY COMPANY, et al.,
V.
717Y OF REDLANDS,
Cross -defendants.
,1TY OF REDLANDS,
Cross -complainant,
MAJESTIC REALTY COMPANY, et al.,
Cross -defendants.
N
Case No. SCV 38504
Assigned for All Purposes to the
Honorable Martin Hildreth
FINAL JUDGMENT
Dept.: S-11
This matter came before the Court on , 2001 pursuant to ex parte application
1
Stipulation for Entry of Judgm=
I I to this Court. By this application, the parties have submitted a stipulation and proposed
2 judgment to the Court requesting that the Court review the matter and enter Judgment pursuant tc
3 the stipulation of the parties if the Court believes this to be appropriate. The parties have
4 indicated that this stipulation for entry of judgment was pursuant to a Settlement Agreement
5 among the parties dated January_, 2001, which was also lodged with the Court with the ex parte
6 application.
7 Plaintiff, Cross -Defendant, and Cross -Complainant City of Redlands ("Redlands'), by
8 and through its attorney, Julie Jones, Esq. of McCutchen, Doyle, Brown & Enersen, LLP, Post
9 Office Box V, Walnut Creek, California 94596-1270, along with Defendants, Cross-
10 Complainants and Cmss-Defendants Majestic Realty Company, RV General Partnership No. 2,
11 Curci- Tamer Company, and Redlands Joint Venture (collectively "Majestic Realty'), by and
12 through its attorney, Richard J. Sestak, Esq. of Brown, Winfield & Canzoneri, Inc., 300 South
13 Grand Avenue, Suite 1500, Los Angeles, CA 90071 jointly request that and stipulate that the
14 Court enter this judgment.
15 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT:
16 1. This judgment on the merits of the complaint and cross -complaints in this matter is
17 intended to make a complete determination and disposition of the controversy, including all issues
18 upon which the parties have sought declaratoryjudgment. This judgment is intended to resolve all
19 of the questions involved in the case as between the parties and to make a full and complete
20 declaration, disposing of all questions of rights,. status or other legal relations encountered in
21 construing the instruments, governmental actions and other documents before the Court.
22 2. Cross -Complainants Redlands Joint Venture is the owners of that certain real
23 property in the County of San Bernardino, State of California, (depicted on Exhibit "A" and legally
24 described on Exhibit `B" attached to the Cross -Complaint filed by Majestic in this Action on
25 September 2,1997), consisting of approximately 125 acres (hereinafter, the "Property'.
26 3. Because Cross -Defendant Redlands failed to maintain a sewer line or system along
27 the entire length of the 1954 easement area across the Property, Majestic Realty has the right to
28 relocate the easement and sewer line, at Majestic Realty's sole cost and expense, to a location under
2 Stipulation for Entry of Judgment
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any public street located adjacent to the Property, or within the setback area located on the Property
adjacent to Spencer Street, all in accordance with the Settlement Agreement executed by the parties
I hereto concurrently with entry of this Judgment.
4. Cross -Complainants Majestic Realty are the owners of and are entitled to sole and
exclusive possession of the Property free of any easement in favor of Cross -Defendant Redlands,
subject to the obligation of Majestic Realty to grant a replacement easement in accordance with the
Settlement Agreement.
5. No party shall recover damages from the other. Except as expressly adjudicated in
this judgment, all claims set forth in the Complaint and Cross -Complaints filed in this action are
dismissed with prejudice.
6. This Judgment shall have res judicata and collateral estoppel effect as if it were a
judgment on the merits on all issues, entered after a contested trial of the case on all issues by the
Court.
7. Each party shall bear their own costs and attorneys fees.
DATED: . 2001
Judgment entered on
Honorable Martin Hildreth
Judge of the Superior Court
2001, and entered into the judgment book.
Clerk of the Superior Court
3 Stipulation for Entry of Judgment
EXHIBIT "F"
STIPLUATION FOR ENTRY OF JUDGMENT
IN HERSHEY LAWSUIT
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(Exhibit "F" To Settlement Agreement]
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
REDLANDS JOINT VENTURE LLC,
UNITED DONUT HOLE OWNERS
PROPERTY ASSOCIATION et al.,
Petitioner/Plaintiff,
CITY OF REDLANDS, a municipal
corporation, and the CITY COUNCIL OF
THE CITY OF REDLANDS, its governing
body, _
Respondents/Defendants.
SPING PACIFIC PROPERTIES LLC,
Real Party in Interest
Case No. SCVSS 73615
Assigned for All Purposes to the
Honorable
STIPULATION FOR ENTRY OF FINAL
JUDGMENT BY THE COURT
Dept.:
Stipulation Re Entry Of Judgment -Hershey SBSC.doc
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Stipulation for Entry of Judgment
I The parties to this action, by and through their respective counsel, hereby stipulate to the
2 entry of judgment as set forth in Exhibit 1 attached to this stipulation.
3 Each of the counsel signing below represent that their respective clients have approved
4 this stipulation and the entry of judgment as provided in this stipulation.
5 DATED: January 2001 LATHAM & WATKINS
Christopher W. Garrett
6 James A. Tabb
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g BY
Christopher W. Garrett
9 Attorneys for Petitioner/Plaintiff
Redlands Joint Venture LLC
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15 yJohn K. Mirau.
Attorneys for Petitioner/Plaintiff
16 UNITED DONUT HOLE OWNERS
PROPERTY ASSOCIATION
17 DATED: Januarys 2001 McCUTCHEN, DOYLE, BROWN & ENERSEN, LLP
18 Stephen L. Kostka
Daniel J. Curtin, Jr.
Julie Jones
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Julie Jones
21 Attorneys for Plaintiff,
Respondents/Defendant
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Nnniation Re Entry Of Judgment-Hmhey SBSC.dm 2
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I [Exhibit I to Exhibit "F" to Settlement Agreement]
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
REDLANDS JOINT VENTURE LLC, a
California limited liability company, and
UNITED DONUT HOLE OWNERS
PROPERTY ASSOCIATION, a California
unincorporated association et al.,
Petitioners/Plaintiffs,
CITY OF REDLANDS, a municipal
corporation, and the CITY CONCIL OF
THE CITY OF REDLANDS, its governing
body,
Respondents/Defendants.
iPING PACIFIC PROPERTIES LLC,
Real Party in Interest
Case No. SCVSS 73615
Assigned for All Purposes to the
Honorable
FINAL JUDGMENT
Dept.:
This matter came before the Court on 2001 pursuant to ex parte application to
us Court. By this application, the parties have submitted a stipulation and proposed judgment to
ie Court requesting that the Court review the matter and enter Judgment pursuant to the stipulation
f the parties if the Court believes this to be appropriate. The parties have indicated that this
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stipulation for entry of judgment was pursuant to a Settlement Agreement among the parties dated
January _ 2001, which was also lodged with the Court with the ex parte application.
Attorney Christopher Garrett represented Petitioner/Plaintiff Redlands Joint Venture
LLC, a California limited liability company, successor in interest to Redlands Joint Venture, a
California general partnership. Attorney John Mirau represented Petitioner/Plaintiff United
Donut Hole Owner Property Association, an unincorporated association. Attorney Julie Jones
represented Respondents/Defendants City of Redlands.
The Court has reviewed the pleadings in this matter, the ex parte application of the
parties, the Stipulation for Entry of Judgment, and the Settlement Agreement among the parties
dated January__, 2001.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT:
This matter came before the Court on
2001 pursuant to ex parte
application to this Court. By this application, the parties have submitted a stipulation and
proposed judgment to the Court requesting that the Court review the matter and enter Judgment
pursuant to the stipulation of the parties if the Court believes this to be appropriate. The parties
have indicated that this stipulation for entry of judgment was pursuant to a Settlement Agreement
among the parties dated January 2001, which was also lodged with the Court with the ex
parte application.
2. The Court determines that there is no merit to the causes of action set forth in the
Amended Petition for Writ of Mandate and Complaint for Injunctive Relief, and thus orders
judgment in favor of Respondent/Defendant City of Redlands and Spring Pacific Properties LLC,
Real Party in Interest on all cause of action and denies all claims for relief set forth in the
Amended Petition for Writ of Mandate and Complaint for Injunctive Relief.
3. This Judgment shall have res judicata and collateral estoppel effect as if it were a
judgment on the merits on all issues, entered after a contested trial of the case on all issues by the
Court.
2 Stipulation for Entry ofJudPWot
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1 4. Each party shall bear their own costs and attorneys fees.
2 DATED: January_, 2001
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udgment-Hershey SBSC.dnc 3 Stipulation for Entry of Judgment
EXHIBIT "G"
EASEMENT
[Exhibit "G" to Settlement Agreement]
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
County of San Bernardino
[ADDRESS ]
EASEMENT AGREEMENT
(Above Space For Recorder's Use Only)
This EASEMENT AGREEMENT (this "Agreement') is made and entered into as
of by and between City of Redlands, a (with its successors and
assigns, "Ciff), and the County of San Bernardino and its successors and assigns ( "County'D.
RECITALS
A. County is the jurisdiction in which the area commonly known as
the"Donut Hole Area" is located. The "Donut Hole Area" as more particularly described in
Exhibit A to this Agreement.
B. The land within the Donut Hole Area is owned by numerous landowners,
_ including but not limited to Redlands Joint Venture, a California limited liability company
CIUW)more particularly described in Exhibit B to this Agreement (the "Property"). RJV is
proceeding with the development on the Property of a project known as the Citrus Plaza Project,
for which it has received certain development approvals from the County. Other landowners
within the Donut Hole Area also desire to proceed forward with development of their properties.
C. The Parties desire to enter into this Agreement for the purposes of
effectuating that certain Settlement Agreement dated as of January_ , 2001 by and among RJV,
City and the County of San Bernardino, [a copy of which has been recorded in the Official
Records of the County of San Bernardino as Instrument No.
D. The purpose of this easement is to provide County with the right to
provide water, sewer and any other utility services to the Donut Hole Area or any portion thereof,
through any County service area, improvement zone, or other subdivision of County and further
to permit County to assign this easement to one or more other Public Service Provider (defined
below) may provide water, sewer or other utility services to the Donut Hole Area, or any portion
thereof.
County casement 002
NOW, THEREFORE, in consideration of the mutual terms, covenants and
conditions set forth herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
1.
DEFINITIONS AND RULES OF CONSTRUCTION
1.1 Defined Terms. The following terms, when used herein with initial
capitalization, shall have the meaning specified in this section. The singular shall include the
plural and the masculine shall include the feminine and neuter, and vice versa. The terms
"includes" or "including" shall not be limiting, whether or not followed by the words "without
limitation." References to a section shall mean a section of this Agreement unless the context
requires otherwise, and reference to a given agreement or instrument shall be a reference to that
agreement or instrument as modified, amended, supplemented and restated through the date as of
which such reference is made. References to Laws shall be deemed references to such Laws as
they may be amended from time to time. This Agreement and any documents or instruments
delivered pursuant hereto shall be construed without regard to the identity of the person who
drafted the various provisions of the same. Each and every provision of this Agreement and such
other documents and instruments shall be construed as though the Parties participated equally in
the drafting of the same. Consequently, the Parties acknowledge and agree that any rule of
construction that a document is to be construed against the drafting Party shall not be applicable
either to this Agreement or such other documents and instruments.
1.1.1 "Agreement' means this Easement Agreement.
1.1.2 "City Streets" means any public streets in the City that, in the discretion
of County, are determined necessary, useful or desirable in providing Public Services to the
Donut Hole or any portion thereof.
1.1.3 "Donut Hole Area" the property described on Exhibit "A' attached hereto.
1.1.4 `Ta,_y" or "Parties" means, individually or collectively, as the case may
be, City, its successors and assigns, or/and County, its successors and assigns.
1.1.5 "Public Service Provider" means any public or private water, sewer and/or
utility provider other than the City of Redlands, including without limitation County Service
Area 70, County Service Area 110, the County of San Bernardino, any special district or other
subdivision of the County of San Bernardino such as County Improvement Zone EV-1, the
Inland Valley Development Agency ("IVDA') and/or the City of San Bernardino, that provides
water, sewer and/or public services and ancillary and related services (" Public Services') to all
or any portion of the Donut Hole Area (including but not limited to the Property).
1.1.6 `Termittees" means, with respect to a particular Party, all Persons
entitled to occupy or use all or any portion of the Property of such Party by virtue of a lease,
easement, license or other legal relationship with such Party; provided, however, that neither
Party shall be included in the definition of a `Termittee" of the other Party under this Agreement.
2
County Cuement 002
1.1.7 "Person" means any individual, corporation, limited liability company,
partnership, trust or trustee thereof, estate or executor thereof, unincorporated organization or
joint venture, court or governmental unit or any agency or subdivision thereof, or any other
legally recognizable entity.
1.1.8 "Pro e 'has the meaning set forth in the Recitals.
2.
GRANT OF EASEMENTS BY CITY
City hereby grants to County an easement and right of way in and under all City
Streets to install, inspect, maintain, repair, replace, enlarge, and use any or all of the following
(but in each case, solely for the purposes of serving the Donut Hole Area)(referred to herein as "a
Public Service Infrastructure"): (a) water pipelines, (b) sewer, wastewater and drainage pipelines,
(c) electrical and natural gas lines, (d) cable television, telephone, fiber optic lines, in each case,
together with such conduits, handholes, manholes, vaults and other underground facilities as are
reasonably necessary to facilitate the installation, inspection, maintenance, repair, replacement,
enlargement or use of any of the foregoing. In addition, City hereby grants to County an
easement and right of way on and across the surface of the City Streets as is necessary to have
access to conduct the activities described above. The exercise of the rights hereby granted shall
be: (W) exercised in such manner so as not to interfere with any presently existing pipelines,
conduits or other facilities located in or under the City Streets that are owned by City or other
persons to whom City has granted rights of access into the City Streets, (X) subject to such
reasonable notification, procedural, traffic and safety requirements as City may from time to time
establish, (Y) at the sole cost and expense of County and (Z) without fees, tariffs or other charges
imposed by City or any district, joint powers authority or other entity formed by City. The
easement herein granted is intended to be an easement appurtenant to the Property.
3.
OBLIGATION TO RESTORE
County shall have the obligation to restore, at no cost to City, any City streets and/or
other City public improvements damaged by the County in connection with the construction,
operation and/or maintenance of such Public Service Infrastructure pursuant to the terms of this
Easement.
4.
ASSIGNMENT
The purpose of this easement is to facilitate the provision of Public Services to the Donut
Hole Area from one or more Public Service Providers. Accordingly, County shall be entitled to
assign its rights hereunder to one or more Public Service Providers who provide one or more
Public Services to all or any portion of the Donut Hole Area. Any such assignment shall be in
writing and shall be recorded in the Office of the Recorder of the County of San Bernardino.
County Easement 002
5.
MISCELLANEOUS PROVISIONS
5.1 Constructive Notice and Acceptance. Every Person who now or hereafter owns
or acquires any right, title or interest in or to any portion of the Property or the City Streets is and
shall be conclusively deemed to have consented and agreed to every covenant, condition,
restriction and provision contained in this Agreement, whether or not any reference to this
Agreement is contained in the instrument by which such Person acquired an interest in the
Property.
5.2 Notices. Except as otherwise provided herein, all notices, requests, demands,
waivers, consents, billings, and other communications hereunder shall be in writing, shall be
delivered either in person, by telegraphic, facsimile or other electronic means, by overnight air
courier or by mail, and shall be deemed to have been duly given and to have become effective (a)
upon receipt if delivered in person or by telegraphic, facsimile or other electronic means, (b) one
business day after having been delivered to an air courier for overnight delivery or (c) three
business days after having been deposited in the U.S. mails as certified or registered mail, return
receipt requested, all fees prepaid, directed to the parties or their permitted assignees at the
following addresses (or at such other address as shall be given in writing by a party hereto):
If to City, addressed to:
I• u
Facsimile:
with a copy to counsel for City:
Attn: _
Facsimile:
If to County, addressed to:
R
Facsimile:
4
County Emernent 002
with a copy to counsel for County:
Attn: _
Facsimile:
5.3 No Waiver. The failure of a Party to insist, in any one or more instances, on
performance of any of the terms, covenants and conditions of this Agreement shall not be
construed as a waiver or relinquishment of any rights granted hereunder or of the future
performance of any such term, covenant or condition, but the obligations of the Parties with
respect thereto shall continue in full force and effect. No waiver of any provision or condition of
this Agreement by a Party shall be valid unless in writing signed by such Party or operational by
the terms of this Agreement.
5.4 Headings. Section headings used herein are for convenience only and are not
a part of this Agreement and shall not be used in construing it.
5.5 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such manner as to be valid, binding and enforceable under applicable law, but if
any provision of this Agreement is held to be invalid, void (or voidable) or unenforceable under
applicable Laws, such provision shall be ineffective only to the extent held to be invalid, void (or
voidable) or unenforceable, without affecting the remainder of such -provision or the remaining
provisions of this Agreement.
5.6 Cumulative Remedies. Each remedy provided for in this Agreement shall be
cumulative and not exclusive. The failure to exercise any remedy provided for in this Agreement
shall not constitute a waiver of such remedy or of any other remedy provided herein or therein.
5.7 Attorneys' Fees and Costs. In any litigation or other proceeding relating to this
Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorneys'
fees.
5.8 Amendments. Any amendments or modifications of this Agreement shall be
made only in a writing executed by all Parties.
5.9 Governing Law. This Agreement shall be governed in all respects, including
validity, interpretation and effect, by the laws of the State of California applicable to contracts
made and to be performed wholly within the State of California by residents of the State of
California.
5.10 Entire Agreement. This Agreement (including the exhibits hereto), the
Settlement Agreement and the other documents and instruments specifically provided for herein
and therein contain the entire understanding between the Parties concerning the subject matter
hereof and thereof and, except as expressly provided for herein, supersede all prior
5
County Easement 002
understandings and agreements, whether oral or written, between them with respect to the subject
matter hereof and thereof.
5.11 Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and the
same instrument.
5.12 Exhibits. All exhibits attached to this Agreement are incorporated herein by this
reference.
5.13 No Third Party Rights. The Parties do not intend to create rights in, or grant
remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant,
obligation or understanding established under this Agreement.
5.14 Further Assurances. Each Party agrees that it will, at any time and from time to
time, upon the written request of the other Party, execute and deliver such further documents (in
recordable form, if appropriate under the circumstances) and do such further acts and things, as
the requesting Party may reasonably request in order to effect the purposes of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Easement Agreement to be
executed by their respective duly authorized officers as of the date first above written.
[Attest?]
COUNTY OF SAN BERNARDINO
By:
Name:
Title:
CITY OF REDLANDS
By:
Name:
Title:
By:
Name:
Title:
6
County PASen=t 002
EXHIBIT "H"
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EXHIBIT "I"
NOTICE OF PREPARATION FOR COUNTY EIR
FOR CHANGES TO GENERAL PLAN, SPECIFIC PLAN,
ZONING ORDINANCE AND CITRUS PLAZA ENTITLEMENTS
LAND USE SERVICES DEPARTMENT
COUNTY OF SAN BERNAROIN(
PUBLIC SERVICES GROUP
PLANNING DIVISION
385 North Arrowhead Avenue • San Bernardino, CA 924154182 • (909) 387.4131
First Floor Fax (909) 387.3249 • Third Hoar Fax (909) 387.3223
15505 Civic Drive • Victorville, CA 92392 • (760) 943.8245 • Fax (760) 243.8212
k"V/www.cosan-6ernardina.ca.uOanduseservices
October 18, 1999
To: Responsible and Trustee Agencies/Interested Organizations and Individuals
OCT 21 1999
RE: NOTICE OF PREPARATION OF A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (EIt) FOR
(1) GENERAL PLAN, SPECIFIC PLAN AND DEVELOPMENT CODE AMENDMENTS RELATED TO
LAND USE; WATER AND WASTEWATER SERVICES IN THE INLAND VALLEY DEVELOPMENT
AGENCY (1VDA) REDEVELOPMENT PROJECT AREA; (2) ASSOCIATED WATER AND WASTE-
WATER FACILITIES PLAN FOR AN UNSERVED PORTION OF THE:IVDA"AREA; (3) REVISIONS TO
THE CITRUS PLAZA REGIONAL MALL PROJECT.
The County of San Bernardino will be the Lead'Agency under the California Environmental Quality
Act ("CEQA') and will coordinate preparation of a Subsequent Environmental Impact Report (EIR)
for the project identified above. This letter is a request for environmental information that you or your
organization believes should be addressed in the Subsequent EHL Please address the scope -and content
of environmental information germane to your agency's statutory responsibilities in connection with
the proposed project.
In addition, this project may be a project of statewide, regional or area -wide significance, so this is a
request for information concerning the project's effect on major local arterials, public transit, freeways,
highways, and rail transit service:from transportation planning agencies or other public agencies with
jurisdiction over such facilities, pursuant to Public Resources Code Section 21092.4.
Project Location: The portions of the Inland Valley Development Agency. Redevelopment Area
("1VDA Area") under County land use jurisdiction which maybe affected by the proposed project are
located between the. Cities of San Bernardino, Loma -Linda, Highland, and Redlands, west of Interstate
210, noith.of Interstate 10, south of the Santa Ana River; (approximately' 1100 ac' These. areas `ate
designated "A" and `T'. on the attached Exhibit A. The site.proposed for the Citrus Plaza Regional l,Viall
pmject, ("Citrus Plaza') is located to the west of Interstate 210, between San Bernardino Ave. on the
north, Lugonia Ave. on the south, and Alabama St. to the west, as noted on the attached E41it B.
Comment Period: Due to time limits, as defined by. CEQA, your response should be sent at the earliest
possible date, but no later than 30 days from receipt of this notice. Comments and questions should be
directed to: . San Bernardino County Land Use Services Department
Attn: Terri Rahhal, Planning Division
385 N. Arrowhead Avenue, 3r4 floor
San Bernardino, CA 92415-0182
The purpose of this Notice of Preparation and the project description, site characteristics and probable
environmental effects identified for consideration in the EIR are described on the following pages.
WILLIAW H. RANDOLPH
County Administrative Officer Board of Supervisors
JONN GDSS KATHY A. DAVIS................ First District DENNIS HANSBERGER .......: Third District
Interim Assistant County Administrator JON D. NICKELS ............. Second District FRED AGUTAR .............. Fourth District
�.,��t t Count a d i JERRY EAVES ..'............... Flfth District
Purpose of the Notice of Preparation
The purpose of this Notice of Preparation (NOP) is to inform Responsible Agencies (i.e., public
agencies that may have discretionary approval power over the proposed project) that an EIR will be
prepared and to solicit their concerns regarding the potential environmental effects of the proposed
project. This Notice is legally required.
The California Environmental Quality Act (CEQA) also: encourages early consultation with private
persons and organizations that may be concerned with the potential environmental effects of the
project. The NOP serves.this purpose.
The State CEQA Guidelines indicate that, in order to be considered in the preparation of the Draft EIR,
responses to the NOP must deal with the -potentially significant. environmental issues related to the
specific project.
All written responses to the NOP will be included as Appendices in the Draft EIR and their contents
Will be considered in accordance with State and Agency environmental guidelines.
Site Characteristics
There are two geographic areas potentially affected by the project that will be subject to analysis as
part of this EIR. Approximately 1,100 acres of unincorporated land within the Inland Valley
Development Agency Redevelopment Area (Areas A & I on Exhibit A "IVDA Area') and the Citrus
Plaza project site (Exhibit B), which is approximately 125 acres within the IVDA Area.
Except for an electrical power generation plant located in area'T' the IVDA Area shown on Exhibit A
has been used historically for agricultural production. The -project includesinstallation of water lines,
water reservoirs, and sewer lines in this area. The project may also include the future construction of
water' and/or,wastewater treatment facilities. Most of the proposed utility .infirashiucture (except .for
ervoirs and any treatment facilities) would be located underground and within existing roadway and
res
utility rights -of --way. However; limited agricultural areassor.areas.of:uppvc1oped opeq.space in the
IVDA Areamay be affected by the project:
The Citrus 'Plaza project site is predominantly level .property, historically used for agricultural
production. There is one single-family home on the site, above ground utility lines, and several water
wells historically used for domestic and agricultural purposes.
Project Description
General P1an/Specific Plan/Development Code Amendments: The County Board of Supervisors has
initiated a General Plan Amendment to develop land use, water and wastewater policies to facilitate
revitalization of the unincorporated territory.in.the IVDA Area. The intent of the proposed amendments
is to make it clear that the policies of San Bernardino County. allow for.provision of public services by
agencies other than the City of Redlands in the unincorporated IVDA Area. As part of this project, the
County is.considering several policy revisions intended to increase the options for providing water and
E
wastewater services in the 1VDA Area. The document revisions under consideration include
amendments to the County General Plan, repeal of the East Valley Corridor Specific Plan as it applies
to unincorporated areas, and corresponding changes to the San Bernardino County Development Code.
No changes are proposed for the development standards of the East Valley Corridor Specific Plan, as
applicable to the unincorporated IVDA Area.
The General Plan service policies and facilities plan proposed for the IVDA Area conflict with the East
Valley Corridor Specific Plan (adopted in 1989). Rather than proposing extensive amendments, this
project proposes to repeal the East Valley Corridor Specific Plan as if applies to unincorporated areas
(Areas A & H on Exhibit A), The -project retains relevant' provisions of the Specific Plan by
incorporating its land use plan, community design guidelines and development standards in the County
General Plan and Development Code.
Area H on Exhibit A.is unincorporated land inthe.sphere.of.influence.of.the.City of Loma Linda. It is
also within the IVDA Redevelopment Area and the East Valley Corridor Specific Plan. This area has
not been included in the IVDA Area facilities plan because it is not constrained by a lack of public
services. The intent of the proposed project is to have no.effect on Area H.
Facilities Plan: The proposed policy amendments. support a specific proposal of the project to
implement a water and wastewater facilities plan to serve the unincorporated IVDA Area and the
Citrus Plaza project site. The proposed facilities plan will include several options for bringing water
and wastewater services to the area, including the provision of services by County Service Area 70,
Improvement, Zone EV-1, and other governmental agencies that may include, .but will not necessarily
be limited to, the cities of San Bernardino, Riverside or Loma Linda, San Bernardino Valley Municipal
Water District and the Inland Valley Development Agency.
Citrus Plaza The Citrus Plaza project .is an approximately 125-acre master -planned commercial
project, located within the unincorporated Inland Valley Development Agency. (1VDA) Redevelopment
Project Area, in southwestern San Bernardino.. County. The proposed mixed -use regional 'center will
include iestauraats aad entei#siament Uses in addition `to:ytraditionalletaiLrrAt:Jull buildout,.the.project
is: planned to include approximately':1.85�millionisquare fee4 constructed.wa numb ofiphasq In
January.of 1996, the County certified a.Final->EnviroumentalAmpact'<Reporf, Stgte Clearinghouse No.
94082084) for the project, and approved a Concept Plan andPreliminaryDevelopment Plan for the
entire site, a Final Development Plan for Phase I (approximately 499 ac.); and a commercial parcel map
for the project site. These January 19.96 approvals remain in effect.for the project, which is the subject
of an implementing development agreement.
As approved in January 1996, the Citrus Plaza project is required to obtain water and sewer services
from the City of Redlands. The primary revision proposed for the project is to provide these services
by an alternative method, according to the proposed facilities plan for the unincorporated IVDA Area.
Minor revisions to the site plan will also be considered, but no changes are proposed that would affect
the types of uses, the total square footage or points of ingress and egress to the site.. A new
development agreement will be considered with the revised project also.
3
Background Information/Related Environmental Documents
In November of 1996, the County certified a Supplement -to the Final Environmental Impact Report for
Citrus Plaza Regional Mall (State Clearinghouse No. 94082084) that addressed revisions to the project
to allow for the provision of water and sewer service by County Service Area 70, Improvement Zone
EV-1. These November 1996 revisions were challenged in litigation, and as a consequence of this
litigation, the County Board of Supervisors vacated its approval of the . project revisions and
certification of the Supplemental EIR. The County now.intends to prepare a Subsequent EIR.for the
project, which will address potential environmental effects associated with minor changes to the 1996
Citrus Plaza Development Plans, approval of a new development agreement for the project, and the
provision of services to the Citrus Plaza project .by agencies other than the City of Redlands. The
Subsequent EIR will incorporate by reference information and. analysis from the original Citrus Plaza
E1R (State Clearinghouse No:•94082084), and.will provide.new.�informatiomand..project-level analysis
to respond to project changes and new circumstances.
The County previously prepared and certified an Environmental Impact Report for the East Valley
Corridor Specific Plan (State. Clearinghouse No. 87091408 certified by the County on August 7, 1989)
which addressed all of the environmental impacts associated with the land uses and the provision of
public services, including water supply and wastewater treatment, for this unincorporated territory now
located within the IVDA. Other EMs that address the unincorporated territory within the IVDA Area
include, but are not limited to the Final Environmental Impact Report for the San Bernardino County
General Plan Update (State Clearinghouse No. 88102411) and the Final Environmental Impact Report
for the Inland Valley Development Agency (IVDA) Redevelopment Plan (State Clearinghouse No.
90020109). .
As provided by the CEQA Guidelines, Section 15150, the Subsequent EIR now being prepared by the
County will incorporate .information provided in other EIRs by reference, where appropriate, .and will
provide -now analysis as required to evaluate potential .impacts associated with proposed changes to
water and wastewater services for the unincorporated IVDA•Arc& As- distinguished.from the project -
level analysis.that-is being, conducted for the Citrus Plaza. component of this project, the analysis of
watei and wastewater se vices ead the associa .Countypburand policy prDposals vi06e subject to a
•=program-level..analysis:,ls aiwult; it is anticipated that>subsequent=d.more,focused enviwnmMtaf
review-will,•be:.required `to.zaddress .project -specific. impacts :ussociated ;with future.development
proposals within the IVDA Area.
In order to ensure that the discretionary approvals and proposed changes in service provisions for the
Citrus Plaza project are clear and consistent with County plans and regulations, the proposed General
�4 Plan/Specific Plan/Development-Code amendments: and facilities-plan.for the unincorporated IVDA
Area will be considered by the County Planning Commission and the Board of Supervisors at the same
time as the proposed revisions to the Citrus Plaza Regional Mall project. .
Probable Environmental Effects
The proposed water and wastewater facility plan for the unincorporated IVDA Area and associated
General Plan -amendments related to the provision of such services are expected to require new
environmental analysis, primarily associated with hydrology/water quality and water and wastewater
4
services. These issues will be studied in detail at a program level in the Subsequent EIR. Other changes
proposed to incorporate portions of the East Valley Corridor Specific Plan pertaining to unincorporated
areas within the San Bernardino County General Plan and Deyelopment Code are not expected to result
in new environmental effects. However, these elements of the project will also be studied in the
Subsequent EIR.
Because the proposed revisions to the Citrus Plaza project are minor and do not change the size or
general characteristics of the project as approved, it is expected that the environmental effects of the
revised plans will remain similar to what is described in the original Citrus Plaza EIR-
Nevertheless, the Subsequent EIR will address the full range of issues included in the original Citrus
Plaza project EIR, as well as new issues associated with the project, including:
Land Use
Hydrology/Water Quality
Air Quality
Human Health
Cultural Resources
Growth Inducement
Biological Resources
Please send your response to:
Transportation/Circulation
Public Services and Utilities
Aesthetics
Socioeconomics
Noise
San Bernardino County Land Use Services Department
Attn: Terri Rahhal, Planning Division
385 N. Arrowhead Avenue, and floor
San Bernardino, CA 92415-0182
Or fax your comments to (909) 387-3223. .
Please'include the name of a contact persontin.yourtageno.: If.you�.iiaveranY questions, please Call
(909) 387.4124.
Sin_c_ere00ly,
ea,,4e"
Terri Rabhal, Special Projects Planner
Land Use Services Department
Attachments: Exhibit A — Unincorporated IVDA Area
Exhibit B — Citrus Plaza Project Site
NOP Distribution List
R
FEDERAL AGENCIES
STATE AGENCIES
Calif Division of Forestry
3800 Sierra Way
San Bernardino CA 92405
University of California
Office of the President
300 Lakeside Drive,12th Floor
Oakland, CA 94612
Calif State Highway Patrol
2211 Western Avenue
San Bernardino CA 92411
Calif RWQCB/Santa Ana Region
3737 Main Street, Ste. 500
'Riverside CA 92501.3339
Calif omia Highway Patrol
.Planning and Analysis Division
2555 FlrstAvenue
Sacramento, CA 95818-2976
State of California .
Department of Conservation
Office of Land Conservation
801 W Street, MS 13 71
Sacramento, CA 95814-3528
County of Kern Planning
1415 Trudon Ave
Bakersfield CA 93301
Alain Lawrence, Planning Director
County of Riverside
4080 Lemon
Riverside CA 92601
U S FISH & WILDL. SERV.
Attn: Scott Eltason
Carlsbad Field Office
2730 Loker Ave. West
Carlsbad, CA 92008
State of California
Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
CAL TRANS
CEQA/IGR Coordinator
Dept. cf Trans Planning
464 W. 4th St., 6th Floor
San Bdno CA 92401-1400
State of California
Employment Development Department
814 Colton Avenue
Redlands, CA92373
SCAG
818 W 7th St, Ste 1200
Los Angeles CA 90017
CIWMB
Envir. Rev. Branch
88000 Cal Center Drive
Sacramento, CA 95614
U S Army Corps of Engineers
Regulatory Branch
PO Box2711
Los Angeles CA 90053-2325
Calif Dept. of Fish & Game
330 Golden Shore, Ste 50
Long Beach CA 90802-4467
CA State Lands Commission
100 Howe Ave., Suite 100 South
Sacramento, CA 95825
Calif Air Resources Board
P.O: Box 2815
Sacramento CA 95314
South Coast AQMD
ATfN: HENRY HUGO
21865 E. Copley Dr
Diamond Bar CA 91765-4182
State of California
Department of Parks and Recreall
Office of Historic Preservation
P: O. Box 942896 • •
Sacramento, CA 9429"001
California Dept. of Transportation Nadell Gayou, Chief
Planning Branch California Resource Agency
P.O. Box 942873 ..Environmental Review Section
Sacramento, CA 95B14 A416.Ninth Street, Ste• 1311
Sacramento, CA95814
COUNTY AGENCIES
County of Los Angeles Regional
Planning
320 W Temple St
Los Angeles CA 90012
San Bernardino CoJ3rd District
Supv. Dennis Hansberger
Board of Supervisors
385 N. Arrowhead Avenue
San Bernardino, CA9241&0110
County of•Inyo Planning
P O Drawer L
Independence CA 93526
County of orange Env Mgmt A9e1
P O Box 4048
Santa Ana CA 92702
San Bernardino County
Dept. of Agricuituref Weights -and
Measures
177 E Rialto Avenue
San Bernardino, CA92415-0720
San Bernardino County Thomas Laurin, Director
Assessor's Office San Bemardino County-ECD
172 W. Third Street 290 N.'D" Street, 6th Floor
San Bernardino, CA 92415-0310 San Bernardino, CA 92415-0040
San Bernardino Co. San Bernardino Co.
Public Health Dept. Architecture & Engineering
Environmental Health Services 385 N Arrowhead Ave, 3rd Floor
385 N Arrowhead Ave San Bdno CA 92415-0181
San Bdno CA 92415-0160
San Bernardino Co.. Museum San Bernardino Co. Fire Dept.
Arch Info Center 385 N. Arrowhead, 3rd Floor
2024 Orange Tree Lane San Bdno CA 92415-0179
Redlands CA 92374
San Bernardino Co. San Bernardino Co.
LAFCO Agricultural Commissioner
175 W Fifth, 2nd Floor 777 E Rialto Avenue
San Bdno CA 92415-0490 San Bdno CA 92415-0720
Jeffrey L. Shaw, AICP
CITY/COMMUNITY AGENCIES
Community Development Director
City of Redlands
P. O. Box.3005
Redlands, CA 92373
Public Works Director
Steve Walker, City Planner
City of Highland
City. of Highland
27216 Baseline
27215 Baseline
Highland, CA 92346
Highland, CA 92346
City of Riverside Municipal Utilities Director
Planning Director City of Redlands
3900 Main Street, Third Floor P. Q Box 3005
Riverside, CA 92522 : Redlands, CA:92373
City of San Bemardino John MoMains, Planning Director
Water Reclamation Department City of Yucaipa
399 Chandler Place 34272 Yucaipa Blvd.
San Bernardino, CA92402 Yucaipa, CA92399-9950
Community Development Director City of Calimesa
City of Grand Terrace Community Development Department
22795 Barton Road P. O. Box 1190
Grand Terrace, CA 92313-5295 Calimesa, CA 92320
City of Rialto City of San Bernardino
Development Services Dept. Development Services Dept.
160 S. Palm Avenue 200 Nr"D" Street
Rialto, CA 02376 San Bernardino, MCA 92418-0001
San Bernardino County
Administrative Office
385 N. Arrowhead Avenue
San Bemardino, CA 92415-0120
San Bernardino Co.
Trans/Flood Traffic Division
825 E Third St
San Bdno CA 92415-0835
San Bernardino Co.
Sheriffs Dept
855 E Third St -
San Bdno CA 92415-0061
~SANBAG
472 N Arrowhead
San Bdno CA 92401
Public Works Director
City of Redlands
P. O: Box.3005
Redlands, CA 92373
Dan Smith, Com. Dev. Director
City of Lama Uncle.
25541 Barton Road
Loma Unda, CA 923543160
Utilities Director
City.of Loma Linda
- ..25541.8arton Road
-.'6Wma UndW CA'923543160
Community Development Director
City of Moreno Valley
P. O. Box 1440
Moreno Valley, CA 92653-9664
David Zamora, Com. Dev. Director
City of Colton
650 N. La Cadena Drive
Colton, CA92324-2893
SAWPA- Santa Ana
Watershed.Project Authority
11616 Sterling Avenue
Riverside, CA 92603
Southern CA Gas Co. Edison International
Construction Planning Attn: Planning Dept.
1981 West Lugonla Ave. 287 Tennessee St.
Redlands, CA 92373 Redlands, CA 92373
San Bernardino Valley Water Met NPolitanAlameda Water District
Conservation District
1630 W. Redlands Blvd., Suite A Los Angeles, CA 90012
Redlands, CA 92373-8032
General Manager. Riverside Highland Water Company
Western Heights Water Company 1460 Washington Street
3235.2 Avenue `D' Colton, CA 92324
Yucaipa, CA 92399
East Valley Resource Conservation Redlands Unified School District
District 20 West Lugonia Avenue
25864 K Business Center Drive Redlands, CA 92373-0302
Redlands; CA 92374
City of Riverside.
Utilities Department
Library Director
A.K. Smiley Public Library
3900 Main Street
125 West Vine Street
Riverside, CA 92522
Redlands, CA 92373
Librarian
Loma Linda Public Library ORGANIZAMONSi1NDIVIDUALS
25581 Barton Road
Loma Linda, A 92354
Calif. Native Plant Society
3080 Brockton Ave.
Riverside, CA, 92601
Calvary Chapel of Redlands
9700 Alabama Avenue
Redlands; CA 92374 .
Principal
Calvary Chapel High School
97oo Alabama Avenue
Redlands, CA 92374
University of California, Riverside
Real Estate Development Department
900 University Avenue
Riverside, CA92621
Sierra Club San Gorgonio Chapter
Attn Terry Wold
4079 Mission Inn -Avenue
Riverside, CA925013204 -
Calvary Chapel Elementary School
9700 Alabama Avenue
Redlands, CA 92374
League of Women Voters
1536 Bellevue Road
Redlands, CA 92373
IVDA Area Property Owners
S.B. Valley Muni. Water District
Attn: Sam Fuller, Operations Mgr.
P.O. Box 5906
San Bernardino, CA 92412-5906
General Manager
East Valley Water District
1165 Del Rosa Avenue
San Bernardino, CA 92410
General Manager
Bear Valley Mutual Water Compan}
101 E. Olive Avenue
Redlands, CA 92373
Alex Estrada
IVDA Project Manager
294 S. Leland Norton Way, Ste.1
San Bemardino, CA 92408
Librarian
Norman Feldheym Public Library
555 West Sixth Street
San Bernardino, CA 92410
Audubon Society
P.O. Box 88
Forest Falls, CA 92339
Omnitrans
Planning Department
.•1700• W. Fifth Street
-: 1San:Bemardino, CA 92411
Tom Dodson & Associates
2150 N. Arrowhead Avenue
San Bemardino; CA 92405
Tri-County Conservation League
6894 Grand Avenue
Riverside, CA 92504
NEW ENGLAND WATER CO
PO Box 294
Redlands, CA 92373
STATE OF CALIFORNIA
PO Box 23l
San Bernardino, CA 92402
HUDSON COMPANY
23041 Avenida De La Carlota #210
Laguna Hills, CA 92653
CHRISTINA WATER CO
3500 E Coast Hwy 94
Corona Del Mar, CA 92625
MASCA'RT WATER CO
233 Grandview Dr
Redlands, CA 92373
J J Ramirez & Amelia Ramirez
PO Box 265
Bryn Mawr, CA 92318
Douglas Johnson & Sandra Johnson
26511 Park Ave
Redlands, CA :92373
Christine Chaves
PO Box 10593
San Bernardino, CA
Susan Bergeron & Susan Bergeron
7229 Sausalito Ave
West Hills, CA 91307
Rodney Kelly
2866 Marisa Ct
Riverside, CA 92503
LOS ANGELES CELLULAR TELEPHON ROSSMORE ENTERPRISES & PHIL
PO Box 6028 23041 Avenida De La Cariota #210
Artesia, CA 90702 Laguna Hills, CA 92653
Ronald Mitchell & Bonnie Mitchell
13668 Oak Mountain Dr
Yucaipa, CA 92399
Redlandsvn
Lugonla
Redlands, CA 92373
Area "H" Property Owners
James Coffey &Connie Coffey
10799 California St
Redlands, CA 92373
Randy Davis & Kenneth Hicks
2.6547 ParkAve
•Redlands; CA 92373
CORPORATION PRESIDING BISHC
50 En Temple St
Salt Lake City, UT 84150
Craig:Northcutt & Rose -Marie Nortlicu
1446.Sterling Rd
Redlands, CA .92373
Bradley Scott & Melodic Scott
1454 Pleasaatview Dr
Redlands, CA 92374
SOUTHEASTERN CALIF ASSN & 711
SOUTHEASTERN CALIF
"Posox S050
Riverside, CA 92515
SAN BERNARDINO CO FLOOD CONTR • Gary Fritzsche & Deanna Fritzsche
825 E 3Rd St 11816 Brimwood Ct
92423 San Bernardino, CA 92415 LomaLinda, CA 92354
NEW WEST FRUIT CORP
PO Box 1315
Watsonville, CA 95077
Allen & Joyce Dangermond
912 Pacific St
Redlands; CA 91373
La Rue Harper Robert Bell & West Fruit New
Rr 2 Box 416 728 E Katella Ave
Redlands, CA 92373 Orange, CA 92867
BROWN FAMILY PARTNERSHIP AnwarBeydoun
I672 Smiley Heights Dr 16106 Seville Ave
Redlands, CA 92373 Fontana, CA 92335
Robert & Janice Crim D Robert Johnsonprojec Clifford Crim
9910 Nevada St 4303 Crown Ranch Rd 1399 W Colton Ave
Redlands, CA 92374
Corona, CA 91719 Redlands, CA 92374
VITALON INVESTMENT CO & Vera Cri Barr & Kathleen 2032 Thompson CPowell
5225 Via Montrose, CA 91020
Yorba Lindada,, CA CA 92886
CALVARY CHAPEL OF REDLANDS
9700 Alabama St
Redlands, CA 92374
David Hovey ,& Anita Hovey
Almond Ave
Redlands, CA 92373
Shou-Tu Huang
9832 Vicksburg Dr
Huntington Beach, CA 92646
Grace Porch
27081 Almond Ave
Redlands, CA 92374
Mgmt Robboo
26951 Berkshire La
San Juan Capistrano, CA
Owen Paddor & Herbert Modelevsky
1920 Yucca Ave
Fullerton, CA 92835
CHIMING CORP
19 Portuguese Bend Rd
Rolling Hills, CA 90274
Robert Schiffer
7172 Tern Pl
Carlsbad, CA 92009
GLADYSTA WELL & WATER CO
233 Grandview Dr
Redlands, CA 92373
TENNESSEE WATER CO.
PO Box 294
92675 Redlands, CA 92373
LOMBARD ASSOCIATES #1
2109 Yacht Wanderer
Newport Beach, CA 92660
Korey Trust Jorgensen
Robert Fa Schiffer
616 Allview Ter
Laguna Beach, CA 92651
Antonio & Angelita Zulueta
26742 Bruce St
Highland, CA 92346
Bernard Miller & Joann Miller
13842 Laurinda Way
Santa Ana, CA 92705
CALVARY CHAPEL OF REDLAND
9700 Alabama St
Redlands, CA 92374
H Eugene Bell & Sam Perricone
1920 Yucca Ave
Fullerton, CA 92835
Robert & Grace Martin
Robert & Grac Martin
PO Box 243
Redlands, CA 92373
George Kafrouni-
560 Starlight Crest Dr
La Canada, CA 91011
REDLANDS TOWNCENTER
13809 Research Blvd 01000
Austin, TX 78750
George Fletcher
1910 Country Club Ln
Redlands, CA 92373
P & RRANCH CO
1601 E Olympic Blvd # I I I
Los Angeles, CA 90021
Larry Jacinto
PO Box 615
Mentone, CA 92359
William Holekamp Albert & Mary Jo Furman
Tony Schiffer & C R Energy 5 Barclay Woods 830 HudsonAd
Buckeye St Redlands, CA 92373 Saint Louis, MO 63124 Glenview, IL 60025
FLS PARTNERSHIP
PO Box 231532
Encinitas, CA 92023
J J & Amelia Ramirez
PO Box 205
Bryn Mawr, CA 92318
Allan & Sara Fainbarg.
Florence Fainbarg
129 W Wilson St #100
Costa Mesa, CA 92627
David Maonan & Susan Lin Wu
8602 Somerset St
Buena Park, CA 90621
Robert Best & Jack Cummings
23045Jensen Ct
Grand Terrace, CA 92313
PALM SQUARE ASSOCIATES & Ruby S
25071 Daisy Ave
Loma Linda, CA 92354
FAIRVIEW WATER CO
233 Grandview Dr
Redlands, CA 92373
Shu-Ming Hsu & Shu-Ming Hsu
San Bernardino Ave
Redlands, CA 92373
DARYAN 1NTERNATONAL INC & Shu-
855 Washington Blvd
Montebello, CA 90640
Arthur Ctim & Vera Crim
610 W Fem Ave
Redlands, CA 92373
CHAPMAN INVESTMENT CO
101 S Kraemer Blvd #132
Placentia, CA 92870
Doris Trsutee Marshbum
450 Judson St #74
Redlands, CA 92374
J J Ramirez & CITY OF REDLANDS
PO Box 294
Redlands, CA 92373
David & Susan Wu
2602 Somerset St
Buena Park, CA 90621
Jack & Sara Cummings
Family Cummings
27050 Olive Ave
San Bernardino, CA 92408
Donald Teunissen & Laura Teunissen
4075 Mirada St
Highland, CA 92346
NEVADA & PALMETTO PARTNER
500 Newport Center Dr #630
Newport Beach, CA 92660
CITY OF REDLANDS
PO Box 3005
Redlands, CA 92373
.Joseph &Xleanor.Buoye
1500 E Citrus Ave
Redlands, CA92374
REDLANDS CITRUS ASSOCIATES
PO Box 542
Loma Linda, CA 92354
Harold H Daniels & Donald & A Daniels .. Sam Perricone & Sam & Mary Perricon
705 S Wabash Ave ; 1601 B Olympic Blvd #I I I
Redlands, CA 92374 Los Angeles, CA 90021
DAY ENTERPRISES Shirou Kunihim & Satsuki Kunrihim
1401 Dove St #350 PO Box 542
Newport Beach,.CA .92660 Lorna Linda, CA 92354
Jahangir Jalali
•DARYAN INTERNATIONAL INCORI
8071 Slater Ave #245
Almond Ave
Huntington Beach, CA 92647
Redlands, CA 92373
1985 EAST VALLEY CENTER ASSOCIA
Arthur & Vem Grim Jr.
PO Box 542
610 W Fern Ave
Loma Linda, CA 92354
Redlands, CA 92373
John Boberschmidt & Kenneth & Eli Kieno
108 Orange St
Redlands, CA 92373
James Carter & Lorraine Carter
643 Golden West Dr
Redlands, CA 92373