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HomeMy WebLinkAboutContracts & Agreements_96-2001PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT FOR REAL PROPERTY ("Agreement"), dated July 3, 2001, is made and entered into by and between San Bernardino County Flood Control District ("District"), and the City of Redlands ("City") (sometimes herein collectively referred to as the "Parties"). RECITALS A. WHEREAS, City owns certain real property consisting of approximately 11,860 square feet representing portions of Assessor's Parcel Numbers 293-031-29, 293-031-30, 293-031- 31, 175-122-09 and 175-011-53; and which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (collectively, the "Property"); and B. WHEREAS, City agrees to sell to District and District agrees to buy from City the Property subject to the terms and conditions contained herein; NOW THEREFORE, in consideration of the mutual promises contained herein, the Parties hereto do hereby agree as follows: AGREEMENT 1 PURCHASE PRICE The purchase price for the Property to be paid by District to City is Thirteen Thousand ($13,000) Dollars (the "Purchase Price"). District shall pay City the Purchase Price concurrent with City's delivery of Deeds to District conveying the Property to District. 2. TAXES AND ASSESSMENTS Property taxes, bonds and assessments shall be prorated at the date of recordation of the Deeds, on the basis of a thirty (30) day month. 3. TITLE TO PROPERTY City shall, by Grant deeds in the form attached hereto as Exhibit "B" and Exhibit "C," convey to District, fee title to the Property. 4. CITY'S REPRESENTATIONS City hereby makes the following representations, which shall survive the recording of the Deeds. 4.1 City has the right and authority to execute this Agreement and to convey fee simple title to the Property to District. 4.2 City is not a foreign person under Section 1445 Internal Revenue Code and will execute a Certificate of Non -foreign status upon request of District. 1.1dimAgreements\5057 Flood Control Districtwpd 4.3 This Agreement has been duly approved and executed by City and constitutes the valid and binding Agreement of City enforceable against City in accordance with its terms. 4.4 The City shall, upon request, execute and deliver such documents or take such actions as may be necessary or convenient to carry out this Agreement. 5. DISTRICT'S REPRESENTATIONS District makes the following representations which shall survive the recording of the Deed: 5.1 District has the right and authority to execute this Agreement and to purchase the Property from City, and to take all actions required of it by the teons of this Agreement. 5.2 All documents executed by District which are to be delivered to City shall be duly authorized, executed and delivered by District and are legal, valid and binding obligations of District enforceable against District in accordance with their respective terms. 5.3 That (i) prior to recording of the Deeds. District will have had the opportunity to investigate all physical, land use and economic aspects of the Property and to make all inspections and investigations of the Property which District deems necessary or desirable to protect its interest in acquiring the Property, including, without limitation, environmental audits and assessments, toxic reports, surveys, investigation of land use and development rights, development restrictions and conditions that are or may be imposed by governmental agencies, soils and geological reports, engineering and structural tests, insurance contracts, governmental agreements and approvals, and (ii) has confirmed that neither City, nor anyone acting for or on behalf of City, has made any representation, warranty, promise or statement, express or implied to District, or to anyone acting for or on behalf of District, concerning the Property or the use thereof, except as otherwise set forth herein. District further represents and warrants that with respect to any representation, warranty, promise or statement, express or implied of City, or anyone acting for or on behalf of City, other than as expressly set forth in this Agreement, that all matters concerning the Property have been or shall be independently verified by District prior to exchange of money for Deeds, and that District shall purchase the Property on District's own prior investigations and examination of the Property (or District's election not to do so); and that District is purchasing the property in an "as is" physical condition and in an "as is" state of repair. 5.4 City shall grant District a Temporary Construction Easement as to APN: 175-122-09 and 175-011-53 in the form attached hereto as Exhibit D. This Section 5.4 shall survive transfer of deeds and be specifically enforceable by City. 5.5. District shall landscape and maintain the acquired Property as part of the construction of District's flood control project. District shall replace any trees removed by District within the temporary construction easement area with 24 inch box Eucalyptus trees (or other type of tree designated by City) on or before June 30, 2004. District shall maintain said replacement trees for a minimum of 12 months from date of planting. This Section 5.5 shall survive transfer of deeds and be specifically enforceable by City. 6. NOTICE lAdjrn \Agreements \5057 Flood Control Distnic . 'pd Unless otherwise provided herein, any notice to be given hereunder by either party to the other shall be effected by personal delivery, in writing, or by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed communicated upon delivery or as of mailing. Mailed notices shall be addressed as set forth below, but each party may change its address by written notice in accordance with this Section. District: Attention: Jan Dustin Real Property Agent San Bernardino County Flood Control District 825 E. Third Street, Room 140 San Bernardino, CA 92415 City: Attention: John Davidson, City Manager City of Redlands PO Box 3005 Redlands, CA 92373-1505 7. GENERAL PROVISIONS 7.1 Entire Agreement. This Agreement supersedes any and all prior oral or written agreements between the Parties relating to the Property and contains the entire agreement of the Parties as to the subject matter hereof. No other agreement, statement or promise made by any party or to any employee, officer or agent of any party to this Agreement shall be binding, except a subsequent amendment to this Agreement, in writing, executed by the Parties. 7.2 Time is of the Essence. Time is of the essence of this Agreement. 7.3 Captions and Construction. The captions appearing at the commencement of the sections hereof are descriptive only for convenience and reference. Should there be any conflict between any such caption and the section at the head of which it appears, the section shall control and govern in the construction of this Agreement. This Agreement shall be construed as a whole and in accordance with its fair meaning. Organization is for convenience and shall not be used in construing meaning. 7.4 Successors and Assigns. Each covenant and condition contained in this Agreement shall inure to the benefit of and be binding on the Parties to this Agreement, their assigns and other successors in interest; however, no such assignment shall release or relieve District from any obligations or liabilities under this Agreement. 7.5 Attorney 'sFees. In the event any action is commenced to enforce or interpret the tei ins or conditions of this Agreement the prevailing party shall, in addition to any costs or other relief, be entitled to recover its reasonable attorneys' fees. 7.6 the Parties. Amendment. Any amendment to this Agreement shall be in writing and executed by BROKERS AND FINDERS District acknowledges that the execution of this Agreement was not induced or procured through any person, firm, or corporation acting as a broker or finder. District shall defend, indemnify and hold lAdjm1Aereementsk5057 Flood Control District,wpd City harmless from and against any damage, liability or cost, including without limitation, reasonable attorney's fees, arising from any claim by any person, firm, or corporation based upon its having acted as broker or finder for, or in connection with, this transaction. IN WITNESS WHEREOF, the parties hereto executed this Agreement on the dates set forth opposite their respective signatures hereto. District: SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT an Dustin ounty of San Bernardino Real Estate Services City: CITY OF RED By: ANDS Executed this / d y of June, 2001 at Redlands. California July Executed this 3rd day of, 2001 Pat Gilbreath, Mayor at Redlands, California ATTEST: I\djm\Agreersients\5057 Flood Control Dis c EXHIBIT "A" Those portions of that part of Lot 4, Block 8, Mayberry and Whittier Subdivision, as per plat recorded in Map Book 12, page 19, records of San Bernardino County, said part described as Parcel 1 in document recorded December 5, 1997, as Instrument Number 97- 448040, Official Records of said County, said portions being all of said parts described as follows: Parcel "A": That portion of said part lying Northerly of the following described line: Beginning at a point on the East line of the Northeast quarter of the Northeast quarter of Section 31, Township 1 South, Range 3 West, San Bernardino Meridian, said point distant South 00°04'17" West, 685.53 feet along said East line, from a 2-inch brass cap monument marking the Northwest corner of Section 32, Township 1 South, Range 3 West, San Bernardino Meridian, as said monument is shown on County Surveyor's Map 10,066-1, on file in the Office of the County Surveyor of said County; Thence North 59°04'16" West, 359.27 feet to the Point of Termination in the Northerly line of said parcel of land described as Parcel 1 in document recorded as Instrument Number 97- 448040, said Point of Termination being distant South 68°31'02" East, 106.14 feet, along said Northerly line from the Northwest corner thereof. Containing 0.09 acres more or less Parcel "B": That portion of said part lying Northerly of the following described line: Beginning at a point on the West line of said parcel of land described as Parcel 1 in Instrument Number 97-448040, said point distant along said West line, South 00°04'49" West, 1.00 feet, from the Northwest corner thereof; Thence South 59°06'14" East, 349.80 NAfcd-rw-projectsl3-401\SANTIMPHASE3B\cindykLegals\cbst216.doc feet; Thence South 25°02'21" East, 251.77 feet to the Point of Termination in the West line of the Northwest quarter of the Northwest quarter of Section 32, Township 1 South, Range 3 West, San Bernardino Meridian, said point being distant along said West line, South 00°0417" West, 870.73 feet from a 2-inch brass cap monument marking the Northwest corner thereof, as said monument is shown on County Surveyor's Map 10,066-1, on file in the Office of the County Surveyor of said County. EXCEPTING THEREFROM any portion thereof lying within the hereinbefore described Parcel "A". Containing 0.10 acres more or less. San Timoteo Parcel 216 3D967/10052 DP 3.400/46c Date: 1-29-01 Legal Description Approved By: Kenneth W. Williams. Exempt From Seal Under Business and Professions Code Section 8726 Signed Date , 2001 NAfcd-rw-projectsl3-401 SANTIMPHASE3McindylLegals1cbst216.doc BLK M.B. 12 / 10 Sty (etatioos of lint described in O.R. 13-033105 . 1 7, LOT 14 SAN TIMOTEO CHANNEL Portions of Section 31 and 32, T 1 S. R 3 W, S.B.M. pav COR SEC 32 TIS.R3W I' BRASS CAP See Detail 144 QCE 1" = 100 NOM 1.) Thft ••••• •••• mewl **a 11.1,0 IN HMI •••11.1*. wow. ant amp *RI r•••••••1 • ceora•••• AWE Irma • • amen/. P•1a. CS — 1;47.. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT D N BY cb E NO. DP 3.400/ 46c EXHIBIT "A" A portion of that part of Section 4, Township 2 South, Range 3 West, San Bernardino Meridian, said part described in document recorded December 7, 1990, as Instrument Number 90- 482272, Official Records of San Bernardino County, said portion being all of said part lying Southerly of the following described line: Beginning at a point on the West line of said Section 4, distant South 01°11'52" East, 282.27 feet, along said West line from a 2-inch iron pipe with brass cap monument marking the Northwest Corner of said Section 4; as said monument is shown on County Surveyor's Map, 10,068-1, on file in the Office of the County Surveyor of said County; Thence South 75°23'38" East, 166.83 feet; Thence South 68°24'34' East, 79.16 feet; Thence South 71°43'52" East, 203.95 feet; Thence South 57°40'27" East, 96.22 feet; Thence South 74°06'45" East, 148.64 feet; Thence South 54°1819" East, 126.67 feet; Thence South 30°34'49" East, 279.62 feet; Thence South 09°21'45" West, 76.90 feet; Thence South 26°57'39" East, 169.68 feet; Thence South 36°03'30" East, 58.34 feet; Thence South 54°33'40" East, 115.34 feet; Thence South 34°33'39" East, 137.38 feet; Thence South 29°45'01" East, 87.63 feet; Thence South 45°42'32" East, 138.15 feet; Thence South 22°01'27" East, 77.40 feet, to a point on the East line of the West half of said Section 4, said point distant along said East line, South 01°27'55" East, 1517.15 feet from a two- inch iron pipe monument, with tag RCE 8591, marking the Northeast corner of said West half, as said monument is shown on said County Surveyor's Map 10,068-1; Thence continuing South 22°01'27" East, 36.42 feet; Thence South 35°09'12" East, 207.72 feet; Thence South 52°55'17" East, 82.21 feet; Thence South 46°03'31" East, 184.43 feet; Thence South 42°16'40" East, 88.29 feet; Thence South 77°2816" East, 159.43 feet; Thence South 48°00'42" East, 181.52 feet; Thence South 02°12'38" West, 98.53 feet; Thence South 45°12'38" East, 143.49 feet; Thence South 69°59'48" East, 155.36 feet; Thence South 45°54'48" East, 237.54 feet; Thence South 49°47'20" East, 174.08 feet; Thence North 83°50'55" East, 119.97 feet; Thence South 53°59'35" East, 216.81 feet; Thence South 17°20'37" East, 143.17 feet; Thence South 57°38'14" East, 114.01 feet, to a point on the South line of the Northeast quarter of said Section 4; Thence South 89°44'48" East, 564.58 feet, along said South line to a point distant North 89°44'48" West, 450.00 feet, along said line from a 2-inch iron pipe monument, San Timoteo Channel Par. 180 DP 3.400/42b 4-13-00 TASANTIMPHASE3B1cindy\LegalslcbST180.doc marking the Southwest comer of the Southeast quarter of said Northeast quarter; as said monument is shown on said County Surveyor's Map, 10,068-1; Thence South 01°02'09" East, 659.76 feet to Point of Termination in the Northerly line of the railroad right of way (200.00 feet wide), as said right of way is shown on Record of Survey, recorded in Book 61, page 55, Records of Survey of said County, said point distant North 72°03'22" West, 476.00 feet, along said line, from the intersection of said Northerly line, with the said East line of the Northwest quarter of the Southeast quarter of said Section 4. Containing 0.08 acres, more or less, of which 0.01 acres, more or less, lie within an existing San Bernardino Flood Control District Easement. San Timoteo Channel Par. 180 DP 3.400/42b 04-13-00 TASANTIMPHASE3131cindy\Legals\cbST180.doc fit lir ti L "s8 ea 1I 1 I p V EXHIBIT "A" A portion of that part of Section 4, Township 2 South, Range 3 West, San Bernardino Meridian, said part described in document recorded December 7, 1990, as Instrument Number 90- 482272, Official Records of San Bernardino County, said portion being all of said part lying Southwesterly of the following described line: Beginning at a point on the West line of said Section 4, distant South 01°11'52" East, 238.56 feet, along said West line from a 2-inch iron pipe with brass cap monument marking the Northwest Corner of said Section 4, as said monument is shown on County Surveyor's Map 10,068-1, on file in the Office of the County Surveyor of said County; Thence South 64°50'11" East, 153.30 feet; Thence South 69°53'52" East, 259.68 feet; Thence South 71°25'49" East, 49.75 feet; Thence South 56°43'56" East, 97.27 feet; Thence South 75°26'10" East, 109.04 feet; Thence South 67°44'09" East, 29.48 feet; Thence North 79°20'05" East, 12.27 feet; Thence South 58°21'03" East, 102.70 feet; Thence South 38°25'11" East, 148.51 feet; Thence North 80°57'23" East. 11.53 feet; Thence South 19°57'21" East, 108.97 feet; Thence South 33°16'45" East, 53.91 feet; Thence South 04°55'49" East, 31.21 feet; Thence South 11°31'00" West, 70.12 feet; Thence South 29°01'43" East, 85.57 feet; Thence South 66°04'59" East, 24.89 feet; Thence South 29°01'45" East, 109.01 feet; Thence South 76°47'03" East, 60.89 feet; Thence South 33°40'44" East, 123.08 feet; Thence South 58°35'15" East, 29.54 feet; Thence South 28°16'27" East, 149.41feet, Thence North 89°09'56" East, 54.84 feet; Thence South 28°36'10" East, 363.47 feet; Thence. South 49°31'41" East, 418.37 feet; Thence South 81°04'03" East, 126.46 feet; Thence South 43°51'58" East, 204.29 feet; Thence South 03°10'42" East, 126.11 feet; Thence South 62°11'16" East, 256.12 feet; Thence South 49°04'35" East, 401.92 feet; Thence North 79°35'32" East, 107.54 feet; Thence South 52°32'34" East, 244.91 feet; Thence South 16°01'44" East, 158.94 feet; Thence South 82°34'32" East, 260.80 feet; Thence North 74°25'04" East, 64.36 feet; San Timoteo Channel Par, 251 DP 3.400/42c 03/06/00 TASANTIMPHASE3B1cindy\Legals\cbst251.doc Thence South 69°04'23" East, 65.09 feet; Thence South 21°58'11" East, 26.07 feet, to the Point of Termination, in the South line of the Northeast quarter of said Section 4, said point distant North 89°44'48" West, 689.79 feet, along said line from a 2-inch iron pipe monument, marking the Southwest corner of the Southeast quarter of said Northeast quarter, as said monument is shown on said County Surveyor's Map, 10,068-1. EXCEPTING THEREFROM any portion thereof lying Southerly of the following described line: Beginning at a point on the West line of said Section 4, distant South 01°11'52" East, 282.27 feet, along said West line from a 2-inch iron pipe with brass cap monument marking the Northwest Corner of said Section 4; as said monument is shown on County Surveyor's Map, 10,068-1, on file in the Office of the County Surveyor of said County; Thence South 75°23'38" East, 166.83 feet; Thence South 68°24'34' East, 79.16 feet; Thence South 71°43'52" East, 203.95 feet; Thence South 57°40'27" East, 96.22 feet; Thence South 74°06'45" East, 148.64 feet; Thence South 54°18'19" East, 126.67 feet; Thence South 30°34'49" East, 279.62 feet; Thence South 09°21'45" West, 76.90 feet; Thence South 26°57'39" East, 169.68 feet; Thence South 36°03'30" East, 58.34 feet; Thence South 54°33'40" East, 115.34 feet; Thence South 34°33'39" East, 137.38 feet; Thence South 29°45'01" East, 87.63 feet; Thence South 45°42'32" East, 138.15 feet; Thence South 22°01'27" East, 77.40 feet, to a point on the East line of the West half of said Section 4, said point distant along said East line, South 01°27'55" East, 1517.15 feet from a two- inch iron pipe monument, with tag RCE 8591, marking the Northeast corner of said West half, as said monument is shown on said County Surveyor's Map 10,068-1; Thence continuing South 22°01'27" East, 36.42 feet; Thence South 35°09'12" East, 207.72 feet; Thence South 52°55'17" East, 82.21 feet; Thence South 46°03'31" East, 184.43 feet; Thence South 42°16'40" East, 88.29 feet; Thence South 77°28'16" East, 159.43 feet; Thence South 48°00'42" East, 181.52 feet; Thence South 02°12'38" West, 98.53 feet; Thence South 45°12'38" East, 143.49 feet; Thence South 69°59'48" East, 155.36 feet; Thence South 45°54'48" East, 237.54 feet; Thence South 49°47'20" East, 174.08 feet; Thence North 83°50'55" East, 119.97 feet; Thence South 53°59'35" East, 216.81 feet; Thence South 17°20'37" East, 143.17 feet; Thence South 57°38'14" East, 114.01 feet, to a point on the South line of the Northeast quarter of said Section 4; Thence South 89°44'48" East, 564.58 feet, along said South line to a point distant North 89°44'48" West, 450.00 feet, along said line from a 2-inch iron pipe monument, * * * * San Timoteo Channel Par. 251 DP 3.400/42c TASANTIMPHASE3131cindy1Legals1cbst251.doc marking the Southwest corner of the Southeast quarter of said Northeast quarter; as said monument is shown on said County Surveyor's Map, 10,068-1; Thence South 01°02'09" East, 659.76 feet to Point of Termination in the Northerly line of the railroad right of way (200.00 feet wide), as said right of way is shown on Record of Survey, recorded in Book 61, page 55, Records of Survey of said County, said point distant North 72°03'22" West, 476.00 feet, along said line, from the intersection of said Northerly line, with the said East line of the Northwest quarter of the Southeast quarter of said Section 4. Containing 0.19 acres, more or less. San Timoteo Channel Par. 251 DP 3.400/42c 03/06/00 T:\SANTIMPHASE3McindykLegals\cbst251.doc i - ANIMA. 1 I a �$ Recording Requested By: SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT 825 E. THIRD ST SAN BERNARDINO, CA.. 92415-0835 ATTN: R/W ENGINEER And When Recorded Mail To: SAME AS ABOVE Project: SAN TIMOTEO Parcel No.: 216 Dept. Code: I 1600 Corporation GRANT DEED Deed Plat 3.400/46bc Doc#: 313967/10052 APN: 293-031-29.308:31 Date: Jan, 29. 2001 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Redlands, a Municipal Corporation, (do)es hereby grant to the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, the following described real property in the County of San Bernardino, State of California: DATED: July 3, 2001 DATED: July 3, 2001 SEE ATTACHED EXHIBIT "A" CITY OF REDLANDS BY: 49 .ZIA/4‘ Pat Gilbreath, Mayor BY: ie Poyze y Clerk SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT ACCEPTANCE CERTIFICATE This is to certify that the interests in the real property conveyed by the within instrument to the San Bernardino County Flood Control District, a body corporate and politic of the State of California, are hereby accepted by the undersigned officer on behalf of said District pursuant to authority conferred by Resolution # 86-156, April 21, 1986 by its Board of Supervisors and the Grantee consents to the recordation thereof by its duly authorized officer. DATED: BY: ALL-PLTRPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) SS CITY OF REDLANDS By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on July 3, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Pat Gilbreath and Lorrie Poyzer { XI personally known to me - or - { } proved to me on the basis of satisfactory evidence to be the persons whose names) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. {} {} WITNESS my hand and official seal. LORRIE POYZER, CITY CLERK By: Beatrice Sanchez, Deputy City Cler (909)798-7531 "MN/ "Rilroof CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneself/themselves Corporate Officer(s) Title(s) Company { } Partner(s) Partnership { } Attorney -In -Fact Principal(s) { } Trustee(s) Trust { x } Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, California THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Grant Deed - San Timoteo Channel - APN 293-031-29,30,31 Date of Document: July 3, 2001 EXHIBIT "A" Those portions of that part of Lot 4, Block 8, Mayberry and Whittier Subdivision, as per plat recorded in Map Book 12, page 19, records of San Bernardino County, said part described as Parcel 1 in document recorded December 5, 1997, as Instrument Number 97- 448040, Official Records of said County, said portions being all of said parts described as follows: Parcel "A": That portion of said part lying Northerly of the following described line: Beginning at a point on the East line of the Northeast quarter of the Northeast quarter of Section 31, Township 1 South, Range 3 West. San Bernardino Meridian, said point distant South 00°04'17" West, 685.53 feet along said East line, from a 2-inch brass cap monument marking the Northwest corner of Section 32, Township 1 South, Range 3 West, San Bernardino Meridian, as said monument is shown on County Surveyor's Map 10,066-1, on file in the Office of the County Surveyor of said County; Thence North 59°04'16" West, 359.27 feet to the Point of Termination in the Northerly line of said parcel of land described as Parcel 1 in document recorded as Instrument Number 97- 448040, said Point of Termination being distant South 68°31'02" East, 106.14 feet, along said Northerly line from the Northwest corner thereof. Containing 0.09 acres more or less Parcel "B": That portion of said part lying Northerly of the following described line: Beginning at a point on the West line of said parcel of land described as Parcel 1 in Instrument Number 97-448040, said point distant along said West line, South 00°04'49" West, 1.00 feet, from the Northwest corner thereof; Thence South 59°06'14" East, 349.80 NMed-rw-projects0-40 1 \SANTIMPHASE313\cindy\Legals cbst2 1 6.doc feet; Thence South 25°02'21" East, 251.77 feet to the Point of Termination in the West line of the Northwest quarter of the Northwest quarter of Section 32, Township 1 South, Range 3 West, San Bernardino Meridian, said point being distant along said West line, South 00°04' 17" West, 870.73 feet from a 2-inch brass cap monument marking the Northwest corner thereof, as said monument is shown on County Surveyor's Map 10,066-1, on file in the Office of the County Surveyor of said County. EXCEPTING THEREFROM any portion thereof lying within the hereinbefore described Parcel "A". Containing 0.10 acres more or less. San Timoteo Parcel 216 3D967/10052 DP 3.400/46c Date: 1-29-01 Legal Description Approved By: Kenneth W. Williams. Exempt From Seal Under Business and Professions Code Section 8726 Signed Date , 2001 N:Afcd-rw-projects\3-401\SANTIMPHASE3B\cindvALegals\cbst216.doc 4 M.B. 12 / 10 terminus al line n O.R. S3-03310S 7 Notes : I.) This mop has been compiled from record data, field survey:, and other available sources and don not represent a complete field survey. 2.) Basis of Bearings and Diets, CS Mop 10066I. Indicates orris of fee ocquisition from the City of Redlands. SAN TI M OTEO CHANNEL Portions of Section 31 and 32, T 1 S, R 3 W, S.B.M. NM COR SEC 32 TIS.R3w r 8RRSs CAP V 24\ 5 100' SAN BERNARDINO COUNTY LOOD CONTROL DISTRICT DWN BY cb DATE NO DP 3.400 3.40 Recording Requested By: SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT 825 E. THIRD ST. SAN BERNARDINO, CA.. 92415-0835 ATTN: R/W ENGINEER And When Recorded Mail To: SAME AS ABOVE Project: SAN TIMOTEO Parcel No.: 180 Dept. Code: 11600 GRANT DEED Deed Plat #: 3.400/42b Doc#: 3D956/09005 APN: 175-122-09 & 011-53 Date: 04/13/00 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF REDLANDS, a Municipal Corporation, (do)es hereby grant to the SAN BERNARDINO COUNTY FLOOD CON l'ROL DISTRICT, a body corporate and politic, the following described real property in the City of Redlands, County of San Bernardino, State of California: Dated: July 3, 2001 Dated: July 3, 2001 SEE ATTACHED EXHIBIT"A" CITY OF REDLANDS By: Pat Gilbreath, Mayor By: rie Poy City Clerk SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT ACCEPTANCE CERTIFICATE This is to certify that the interests in the real property conveyed by the within instrument to the San Bernardino County Flood Control District. body corporate and politic of the State of California. are hereby accepted by the undersigned officer on behalf of said District pursuant to authority conferred by Resolution # 86-156. April 21, 1986 by its Board of Supervisors and the Grantee consents to the recordation thereof by its duly authorized officer. DATED: BY: TASANTIMPHASE3B \cindy1Legals \cbst180.ppt ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) SS CITY OF REDLANDS By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on July 3, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Pat Gilbreath and Lorrie Poyzer { X} personally known to me - or -{ } proved to me on the basis of satisfactory evidence to be the persons whose names) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. LORRIE POYZER, CITY CLERK By: jef;e64, Beatrice Sanchez, Deputy City Clerk (909)798-7531 ^or, "are "rise CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneself/themselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney -In -Fact Principal(s) Trustee(s) Trust Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, California "*"." ""*".0 "or* ,**m, THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Grant Deed - San Timoteo Channel - APN 175-122-09 & 11-53 Date of Document: July 3, 2001 EXHIBIT "A" A portion of that part of Section 4, Township 2 South, Range 3 West, San Bernardino Meridian, said part described in document recorded December 7, 1990, as Instrument Number 90- 482272, Official Records of San Bernardino County, said portion being all of said part lying Southerly of the following described line: Beginning at a point on the West line of said Section 4, distant South 01°11'52" East, 282.27 feet, along said West line from a 2-inch iron pipe with brass cap monument marking the Northwest Corner of said Section 4; as said monument is shown on County Surveyor's Map, 10,068-1, on file in the Office of the County Surveyor of said County; Thence South 75°23'38" East, 166.83 feet; Thence South 68°24'34' East, 79.16 feet; Thence South 71°43'52" East, 203.95 feet; Thence South 57°40'27" East, 96.22 feet; Thence South 74°06'45" East, 148.64 feet; Thence South 54°18'19" East, 126.67 feet; Thence South 30°3449" East, 279.62 feet; Thence South 09°21'45" West, 76.90 feet; Thence South 26°57'39" East, 169.68 feet; Thence South 36°03'30" East, 58.34 feet; Thence South 54°33'40" East, 115.34 feet; Thence South 34°33'39" East, 137.38 feet; Thence South 29°45'01" East, 87.63 feet; Thence South 45°42'32" East, 138.15 feet; Thence South 22°01'27" East, 77.40 feet, to a point on the East line of the West half of said Section 4, said point distant along said East line, South 01°27'55" East, 1517.15 feet from a two- inch iron pipe monument, with tag RCE 8591, marking the Northeast corner of said West half, as said monument is shown on said County Surveyor's Map 10,068-1; Thence continuing South 22°01'27" East, 36.42 feet; Thence South 35°09'12" East, 207.72 feet; Thence South 52°55'17" East, 82.21 feet; Thence South 46°03'31" East, 184.43 feet; Thence South 42°16'40" East, 88.29 feet; Thence South 77°28'16" East, 159.43 feet; Thence South 48°00'42" East, 181.52 feet; Thence South 02°12'38" West, 98.53 feet; Thence South 45°12'38" East, 143.49 feet; Thence South 69°59'48" East, 155.36 feet; Thence South 45°54'48" East, 237.54 feet; Thence South 49°47'20" East, 174.08 feet; Thence North 83°50'55" East, 119.97 feet; Thence South 53°59'35" East, 216.81 feet; Thence South 17°20'37" East, 143.17 feet; Thence South 57°38'14" East, 114.01 feet, to a point on the South line of the Northeast quarter of said Section 4; Thence South 89°44'48" East, 564.58 feet, along said South line to a point distant North 89°44'48" West, 450.00 feet, along said line from a 2-inch iron pipe monument, San Timoteo Channel Par, 180 DP 3.400/42b 4-13-00 TASANTIMPHASE3B\cindy1Legals1cbST180.doc marking the Southwest corner of the Southeast quarter of said Northeast quarter; as said monument is shown on said County Surveyor's Map, 10,068-1; Thence South 01°02'09" East, 659.76 feet to Point of Termination in the Northerly line of the railroad right of way (200.00 feet wide), as said right of way is shown on Record of Survey, recorded in Book 61, page 55, Records of Survey of said County, said point distant North 72°03'22" West, 476.00 feet, along said line, from the intersection of said Northerly line, with the said East line of the Northwest quarter of the Southeast quarter of said Section 4. Containing 0.08 acres, more or less, of which 0.01 acres, more or less, lie within an existing San Bernardino Flood Control District Easement. San Timoteo Channel Par. 180 DP 3.400/42b 04-13-00 TASANTIMPHASE3Mcind0Legals\cbST180.doc r Recording Requested By: SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT 825 E. THIRD ST. SAN BERNARDINO, CA.. 92415-0835 ATTN: R/W ENGINEER Mail To: SAME AS ABOVE Project: San Timoteo Channel Parcel No: 251 Dept. Code: 11600 TEMPORARY EASEMENT D.P. No.: 3.400/42c Doc. #: 3TE990/09013 APN: 175-122-09, 175-011-53 Date: 04/13/00 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF REDLANDS, a Municipal Corporation, (do)es hereby grant to the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, a temporary easement for construction, including but not limited to the construction of cut and fill slopes, of the United States Army Corps of Engineer's San Timoteo Creek Project, by said Corps of Engineers, the San Bernardino County Flood Control District and/or persons under contract with either or both of said Corps of Engineers and the said District, their officers, agents and employees for said purposes during a 36 month period commencing on the date of initial occupation for said purposes,by any of the above said persons for construction purposes but terminating no later than June 30, 2004 in,over and across said real property in the County of San Bernardino, State of California, described in EXHIBIT "A", attached hereto and made apart hereof.. CITY OF REDLANDS Date:July 3. 2001 By•4,aLe Pat Gilbreath, Mayor Date: , 2001 By: San Bernardino County Flood Control District Acceptance Certificate This is to certify that the interest in the real property conveyed by the within instrument to the San Bernardino County Flood Control District, a body corporate of the State of California, are hereby accepted by the undersigned officer on behalf of said District pursuant to authority conferred by Resolution #86-156, April 21, 1986 by its Board of Supervisors and the grantee consents to the recordation thereof by its duly authorized officer. DATED: BY: T:\SANT1MPHASE3B\cindy\ Legals \cbst251.ppt ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF REDLANDS ) By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on July 3, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Pat Gilbreath and Lorrie Poyzer { X} personally known to me - or - { } proved to me on the basis of satisfactory evidence to be the persons whose names) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. { { 00111Illii \\y OF R E© \` ••.••••••*•••. WITNESS my hand and official seal. LORRIE POYZER, CITY CLERK By: y' Gtt �Gc/ 4z7 Beatrice Sanchez, Deputy City Clerk (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneself/themselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney -In -Fact Principal(s) Trustee(s) Trust Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, California THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Temporary Easement - San Timoteo Channel Date of Document: July 3, 2001 EXHIBIT "A" A portion of that part of Section 4, Township 2 South, Range 3 West, San Bernardino Meridian, said part described in document recorded December 7, 1990, as Instrument Number 90- 482272, Official Records of San Bernardino County, said portion being all of said part lying Southwesterly of the following described line: Beginning at a point on the West line of said Section 4, distant South 01°11'52" East, 238.56 feet, along said West line from a 2-inch iron pipe with brass cap monument marking the Northwest Corner of said Section 4, as said monument is shown on County Surveyor's Map 10,068-1, on file in the Office of the County Surveyor of said County; Thence South 64°50'11" East, 153.30 feet; Thence South 69°53'52" East, 259.68 feet; Thence South 71°25'49" East, 49.75 feet; Thence South 56°43'56" East, 97.27 feet; Thence South 75°26'10" East, 109.04 feet; Thence South 67°4409" East, 29.48 feet; Thence North 79°20'05" East, 12.27 feet; Thence South 58°21'03" East, 102.70 feet; Thence South 38°25'11" East, 148.51 feet; Thence North 80°5723" East. 11.53 feet; Thence South 19°57'21" East, 108.97 feet; Thence South 33°16'45" East, 53.91 feet; Thence South 04°55'49" East, 31.21 feet; Thence South 11°31'00" West, 70.12 feet; Thence South 29°01'43" East, 85.57 feet; Thence South 66°04'59" East, 24.89 feet; Thence South 29°01'45" East, 109.01 feet; Thence South 76°47'03" East, 60.89 feet; Thence South 33°40'44" East, 123.08 feet; Thence South 58°35'15" East, 29.54 feet; Thence South 28°16'27" East, 149.41feet, Thence North 89°09'56" East, 54.84 feet; Thence South 28°36'10" East, 363.47 feet; Thence South 49°31'41" East, 418.37 feet; Thence South 81°04'03" East, 126.46 feet; Thence South 43°51'58" East, 204.29 feet; Thence South 03°10'42" East, 126.11 feet; Thence South 62°11'16" East, 256.12 feet; Thence South 49°04'35" East, 401.92 feet; Thence North 79°35'32" East, 107.54 feet; Thence South 52°32'34" East, 244.91 feet; Thence South 16°01'44" East, 158.94 feet; Thence South 82°34'32" East, 260.80 feet; Thence North 74°25'04" East, 64.36 feet; San Timoteo Channel Par, 251 DP 3.400/42c 03/06/00 TASANTIMPHASE3McindylLegals \cbst25tdoc Thence South 69°04'23" East, 65.09 feet; Thence South 21°58'11" East, 26.07 feet, to the Point of Termination, in the South line of the Northeast quarter of said Section 4, said point distant North 89°44'48" West, 689.79 feet, along said line from a 2-inch iron pipe monument, marking the Southwest comer of the Southeast quarter of said Northeast quarter, as said monument is shown on said County Surveyor's Map, 10,068-1. EXCEPTING THEREFROM any portion thereof lying Southerly of the following described line: Beginning at a point on the West line of said Section 4, distant South 01°11'52" East, 282.27 feet, along said West line from a 2-inch iron pipe with brass cap monument marking the Northwest Comer of said Section 4; as said monument is shown on County Surveyor's Map, 10,068-1, on file in the Office of the County Surveyor of said County; Thence South 75°23'38" East, 166.83 feet; Thence South 68°24'34' East, 79.16 feet; Thence South 71°43'52" East, 203.95 feet; Thence South 57°40'27" East, 96.22 feet; Thence South 74°06'45" East, 148.64 feet; Thence South 54°18'19" East, 126.67 feet; Thence South 30°34'49" East, 279.62 feet; Thence South 09°21'45" West, 76.90 feet; Thence South 26°57'39" East, 169.68 feet; Thence South 36°03'30" East, 58.34 feet; Thence South 54°33'40" East, 115.34 feet; Thence South 34°33'39" East, 137.38 feet; Thence South 29°45'01" East, 87.63 feet; Thence South 45°42'32" East, 138.15 feet; Thence South 22°01'27" East, 77.40 feet, to a point on the East line of the West half of said Section 4, said point distant along said East line, South 01°27'55" East, 1517.15 feet from a two- inch iron pipe monument, with tag RCE 8591, marking the Northeast comer of said West half, as said monument is shown on said County Surveyor's Map 10,068-1; Thence continuing South 22°01'27" East, 36.42 feet; Thence South 35°09'12" East, 207.72 feet; Thence South 52°55'17" East, 82.21 feet; Thence South 46°03'31" East, 184.43 feet; Thence South 42°16'40" East, 88.29 feet; Thence South 77°28'16" East, 159.43 feet; Thence South 48°00'42" East, 181.52 feet; Thence South 02°12'38" West, 98.53 feet; Thence South 45°12'38" East, 143.49 feet; Thence South 69°59'48" East. 155.36 feet; Thence South 45°54'48" East, 237.54 feet; Thence South 49°47'20" East, 174.08 feet; Thence North 83°50'55" East, 119.97 feet; Thence South 53°59'35" East, 216.81 feet; Thence South 17°20'37" East, 143.17 feet; Thence South 57°38'14" East, 114.01 feet, to a point on the South line of the Northeast quarter of said Section 4; Thence South 89°44'48" East, 564.58 feet, along said South line to a point distant North 89°44'48" West, 450.00 feet, along said line from a 2-inch iron pipe monument, * * * San Timoteo Channel Par. 251 DP 3.400/42c TASANTIMPHASE3B1cindvleoals1cbst251.doc marking the Southwest corner of the Southeast quarter of said Northeast quarter; as said monument is shown on said County Surveyor's Map, 10,068-1; Thence South 01°02'09" East, 659.76 feet to Point of Termination in the Northerly line of the railroad right of way (200.00 feet wide), as said right of way is shown on Record of Survey, recorded in Book 61, page 55, Records of Survey of said County, said point distant North 72°03'22" West, 476.00 feet, along said line, from the intersection of said Northerly line, with the said East line of the Northwest quarter of the Southeast quarter of said Section 4. Containing 0.19 acres, more or less. San Timoteo Channel Par. 251 DP 3.400/42c 03/06/00 TASANTIMPHASE3McindykLegals1cbst251.doc I� s a ■ r �l ille 3 s 1 ti .t M WI 3401/46