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HomeMy WebLinkAbout2015-099 I RESOLUTION NO. 2015-99 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF QUITCLAIM 3 DEEDS FROM SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) 4 FOR STREET AND HIGHWAY PURPOSES IN RELATION TO THE SBX BUS RAPID TRANSIT PROJECT. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Clerk is hereby authorized and directed to accept on behalf 8 9 of the City, eight (8) Quitclaim Deeds for street and highway purposes from San Bernardino 10 Associated Governments, a public agency existing under the laws of the State of California 11 ("SANBAG"), acting as the San Bernardino County Transportation Commission, a public 12 agency existing under the laws of the State of California, copies of which are attached 13 14 hereto collectively as Attachment "1" and made a part hereof, relative to the sbX Bus Rapid 15 Transit project. 16 SECTION 2. The City Clerk is hereby directed to file, or cause to be filed, 17 executed and notarized copies of said quitclaim deeds with the County Recorder of San 18 19 Bernardino County. 20 21 22 23 24 25 26 27 28 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF QUITCLAIM DEEDS FROM SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) 3 FOR STREET AND HIGHWAY PURPOSES IN RELATION TO THE SBX BUS 4 RAPID TRANSIT PROJECT. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on 7 the 18th day of May, 2015,by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ X 11 BARRIOS x 12 VALDIVIA X 13 SHORETT X 14 NICKEL X 15 16 JOHNSON X 17 MULVIHILL X 18 19 Georg Hann ,"City Clerk 20 2 lgr 21 The foregoing resolution is hereby approved this 18th day of May, 2015. 22 23 R. CAREY AVIS, Mayor City of San Bernardino 24 25 26 Approved as to form GARY D. SAENZ, City Attorney 27 By' 28 1 2 3 4 Attachment "1" 5 Eight (8) Quitclaim Documents 6 7 8 [See attached] 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RECORDING REQUESTED BY: SANBAG 1170 West 3`d Street,2nd Floor San Bernardino,CA 92410-1715 WHEN RECORDED MAIL TO: CITY OF SAN BERNARDINO 300 N.D STREET,3'FLR SAN BERNARDINO,CA 92418 EXEMPT FROM REC.FEES PER GOVT.CODE§27383 APN(s): See Exhibit"P' QUITCLAIM DEED EXEMPT FROM DOC.TRANSFER TAX PER sbX Parcel#A16—B118 REV.&TAX CODE§11922 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SAN BERNARDINO ASSOCIATED GOVERNMENTS, a public agency existing under the laws of the State of California ("SANBAG"), acting as the San Bernardino County Transportation Commission, a public agency existing under the laws of the State of California ("Grantor"), does hereby REMISE, RELEASE and forever QUITCLAIM to the CITY OF SAN BERNARDINO, a California Municipal Corporation ("Grantee"), all of the right, title, and interest in the permanent easement(s) located in the City of San Bernardino, County of San Bernardino, State of California, as identified in those certain recorded instrument(s) listed in Exhibit "1", and further described as a permanent easement in a copy of said instrument(s) as Exhibit(s) "2", 64399, 64499, 6659 , 66699, 46799, 6`89 , 669" and "10", respectively, attached hereto and incorporated herein by this reference. Prior to the execution and recording of this Quitclaim Deed, the permanent easements were in favor of Grantor pursuant to those certain instrument(s) dated and recorded in the Official Records of San Bernardino County, California as indicated on Exhibit "I". Notwithstanding anything contained in this instrument to the contrary, to the extent that the (any) instrument identified in Exhibit(s) "2" through "10" include(s) a temporary easement (such as and including without limitation, for example, a temporary construction easement), this instrument does not include the same and, therefore, there shall be no transfer, assignment, set over, conveyance, grant or quitclaim of such temporary easement(s) or any interest therein by, under or pursuant to this Quitclaim Deed. Any facilities located within the property (properties) described as a permanent easement in the recorded instrument(s) attached hereto as Exhibit(s) "2" through "10", are being left in place in an "as is, where is, with all faults" condition. Grantee acknowledges and agrees that Grantor is conveying all right, title and interest in and to the herein-described real property on an "as is, where is, with all faults" basis. And Grantee further acknowledges and agrees that Grantor does not warranty the condition of the facilities and does not guarantee their fitness for any purpose. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below. Dated: GRANTOR: SAN BERNARDINO ASSOCIATED GOVERNMENTS acting as the San Bernardino County Transportation Commission NOTARY ACKNOWLEDGEMENT: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF } S.S. On before me, Notary Public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature SEAL: ACCEPTANCE This is to certify that the interest in the real property conveyed by the within instrument to the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council, and grantee consents to the recordation thereof by its duly authorized officer. CITY OF SAN BERNARDINO By: City Clerk Date: EXHIBIT "1" PARCEL/DOCUMENT LISTING Exhibit sbX Parcel Description # # AP . . Document Comment Number 0266-601-01,02 2 A16 & 1660 Kendall Dr. 2012-0063840 Final Order 0266-611-01 San Bernardino, CA 92407 3 A26 0151-202-12 1050 Kendall Dr. 2011-0533216 Final Order San Bernardino CA 92407 4 A53 0266-183-01 1395 Kendall Dr. 2011-0360105 Final Order San Bernardino, CA 92407 5 B24 0145-031-27 487 W. Highland Ave. 2012-0080414 Final Order San Bernardino CA 92405 6 B25 0140-042-34 505 W Baseline St. 2011-0338174 Easement Deed San Bernardino CA 92410 7 B84 0140-211-01 885 N E Street 2011-0395301 Final Order San Bernardino,CA 92410 8 B97 0134-023-57 600 N E Street,San 2011-0413778 Easement Deed Bernardino, CA 92401 9 B114 0134-081-18 501 N. E.Street,San 2011-0484523 Final Order Bernardino, CA 92401 Southeastern corner of N. E 10 B116& 118 0134-141-35 St. &5th St. 2012-0063841 Final Order San Bernardino, CA 92408 EXHIBIT 6`299 PARCEL NO. A-16 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,County of San Bernardino 2/16/2012 PLEASE COMPLETE THIS INFORMATION. DENNIS DRAEGER 4:24 PM Ne°„rr KB ASSESSOR — RECORDER — CLERK Yi RECORDING REQUESTED BY: r` P Counter i San Bernardino Associated Governments,a Joint Powers Authority,acting as the San Bernardino 2012-0063840 Dock Titles: 1 Pages: 17 j. County i Transportation Commission Fees AND WHEN RECORDED MAIL TO: Rick E.No sam naLLP Pains $0.0 18101 Von Karman Avenue,Suite 1800 Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, 6 103] THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 American LegalNet,Inc. Rec.Form#R25 www.USCourtForns.com A_If_ 1 NOSSAMAN LLP RICK E. RAYL(SBN 174257) 2 rrayl @nossaman.com 3 BRADFORD B. KUHN (SBN 245866) = 1.�' L. `�;� C 1•;1 F RN;h bkuhn @nossaman.com C.OUIi!T'OF7 3R\`3l r;i•ltit� I�� 3 Special Counsel sati E3ER1\.�,F1Q-m,0 C L DfV 131N - _ 4_ ; 18101 Von Karman Avenue, Suite 1800 FEg (J z(1 i( 5 Irvine, CA 92612 Telephone: (949) 833-7800 By )4y. 6 Facsimile: (949) 833-7878 - Deputy 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the.SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1104953 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOIALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DAVID 4r COHN, DEPT. S35 17 Plaintiff, �>C. BJ FINAL ORDER OF 18 vs. CONDEMNATION 19 MOUNTAINSIDE APARTMENTS INVESTORS [Parcel No. A-16] LLC, a Delaware limited liability company; 20 WCRT SELLER LLC, an Illinois limited liability company; 21 DOES 1 Through 100, Inclusive; and ALL PERSONS UNKNOWN CLAIMING ANY Action Filed: April 15, 2011 22 TITLE OR INTEREST IN OR TO THE PROPERTY DESCRIBED HEREIN, (EXEMPT FROM FILING FEES - GOV. 23 CODE, §61031 24 Defendants. 25 26 27 316318_l.doc FINAL ORDER OF CONDEMNATION 1 Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission ("SANBAG") having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to a Final Judgment in Condemnation, and SANBAG and defendants ............ 4 having waived a Statement of Decision,judgment having been entered,and payment having been made 5 in full, no other party or person having or claiming to have an interest in the property being acquired or 6 the compensation to be paid for the property, and good cause appearing: 7 NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit"A,"described as Assessor's Parcel 9 Numbers 0266-601-01, 0266-601-02, and 0266-611-01, located at 1660 Kendall Drive, San Bernardino, 10 California, and more particularly described as SANBAG Parcel Number A-16, consisting of a 11 permanent easement of approximately 528 square feet, along with a temporary constriction easement of 12 approximately 1,266 square feet, as described in SANBAG's complaint on file in this matter("Subject 13 Property"), is hereby condemned to SANBAG for the purposes of constructing, maintaining and 14 operating the sbX E-Street Corridor Bus Rapid Transit Project ("Project"), for the purpose of all 15 necessary and convenient activities associated with the construction of the Project and for public 16 purposes. The temporary construction easement shall commence seven(7) days from the date upon 17 which SANBAG or its authorized representative provides the applicable defendant with written notice 18 of its intent to commence construction utilizing the temporary construction easement and shall terminate 19 on the earliest of(a) the date upon which SANBAG notifies the applicable defendant that it no longer 20 needs the temporary construction easement, (b) six (6)months from the commencement date of the 21 temporary construction easement, or(c) December 31, 2013. 22 2. Additionally, SANBAG and Defendant Mountainside Apartment Investors, LLC, a 23 Delaware limited liability company("Defendant") agree to the following provisions: 24 (a) SANBAG represents and warrants that SANBAG has retained or will retain persons to 25 control and monitor the work of all contractors, subcontractors, consultants and other persons 26 performing work on the Project. These persons will monitor said workers to ensure they are adhering to 27 the terms outlined in the Stipulated Judgment entered November 22,2011 ("Judgment"), and its 28 exhibits,to including, but not limited to: duration of construction of the Project, construction of the 316318_1.doc 1 FINAL ORDER OF CONDEMNATION I Project taking place within the permanent easement and temporary construction easement areas, and 2 compliance with City of San Bernardino ordinances. 3 (b) SANBAG shall adhere to all applicable.City of San Bernardino Ordinances, including, 4 but not limited to, those provisions of"Property Development Standards— 19.20.030, item 15 Noise." 5 (c) Project-related construction work hours on Kendall Drive shall be between 7:30 a.m. and 6 4:30 p.m. Monday through Friday. 7 (d) SANBAG shall provide fourteen (14) days' notice prior to commencing work on the 8 Subject Property. 9 (e) SANBAG shall adhere to the sbX E Street Construction Contract Section 01571 10 pertaining to Storm Water Pollution Control. 11 (f) Defendant has elected to retain a fence, a pedestrian gate, and one double-wide gate at a 12 salvage value of$0.00. These improvements are being acquired by SANBAG and Defendant 13 acknowledges that the payment of just compensation described in the Judgment includes payment for 14 the improvements. Defendant shall, at its sole cost and expense, remove or relocate said improvements 15 on or before the date that SANBAG begins construction at the Subject Property. In the event that said 16 improvements have not been moved onto Defendant's Property on or before said date, SANBAG is 17 hereby granted the right to remove said improvements and the Defendant hereby abandons said 18 improvements. Defendant releases SANBAG from any and all responsibility for said improvements, 19 and understands and agrees that these improvements will be the sole property of Defendant. Defendant 20 shall be liable and responsible for any future reconstruction,maintenance or adjustment thereto. 21 SANBAG makes no representations or warranties as to Defendant's ability to construct or maintain said 22 improvements on Defendant's Property. 23 (g) SANBAG shall provide temporary fencing sufficient to maintain the locked.security of 24 Defendant's property during non-business hours. Once construction has commenced, SANBAG shall 25 enclose the entire Subject Property through the use of temporary fencing, signage and barricades to 26 restrict access to all portions of the construction site to passers-by. 27 (h) SANBAG shall provide signage at the Subject Property which shall comply with all 28 local, state and federal laws as required by the City of San Bernardino. 2 FINAL ORDER OF CONDEMNATION 1 (1) As part of Project approval, SANBAG shall submit or has submitted traffic control plans 2 to the City of San Bernardino for review and approval. SANBAG shall follow standard CA-MUTCD 3 (manual for uniform traffic control devices) and WATCH (work area traffic control handbook)manuals 4 for traffic control plans. 1 5 (j) Curb, gutter and sidewalk will be constructed substantially per the Project construction 6 plans. 7 (k) Defendant reserves the right to file a construction damage claim against SANBAG's 8 Contractor within thirty(30) days of the completion of construction on the Subject Property for any 9 damages resulting from the negligence of SANBAG's Contractor. SANBAG shall provide the full legal 10 name and contact information of the Construction Contractor prior to the start of construction on the I 1 Subject Property. 12 (1) SANBAG's Contractor shall maintain comprehensive general liability insurance covering 13 the activities of the Contractor and its contractors in or about the Subject Property against claims of 14 bodily injury or death or property damage or loss with a limit of not less than Five Million Dollars 15 ($5,000,000) combined single limit. SANBAG shall ensure that said insurance is maintained throughout 16 the duration of the Project. 17 (m) While SANBAG cannot control the dress code of its contractor(s), SANBAG shall 18 request that its contractor(s)take reasonable steps to identify themselves as associated with the Project 19 during construction at the Subject Property by, for example, wearing clothing with company logos, 20 wearing orange vests,wearing identification cards, wearing hard hats, or some utilizing some other form 21 of identification. 22 (n) SANBAG shall provide Defendant with a minimum of seven(7) days' notice prior to 23 pouring new concrete driveway aprons at Defendant's Property. 24 (o) The cutting and capping of sprinkler facilities will be conducted in such a manner that 25 their functionality outside the Subject Property will be maintained at all times. 26 (p) Excepting items for which the Defendant has been compensated, upon completion of 27 construction, SANBAG shall restore the landscaping within the temporary construction easement area 28 per Omnitrans' tree planting and planting plans. SANBAG shall coordinate with Defendant with respect 3 FINAL ORDER OF CONDEMNATION I to the placement of trees and landscaping on the Subject Property. Any damage to existing landscape, 2 trees, plants, shrubs and other greenery on Defendant's Property will be repaired with `like-kind' 3 replacements and/or Defendant will be compensated for said damage in order to restore damaged 4 landscaping back to original condition 5 (q) Defendant has elected to retain one on-premise monument style sign at a salvage value of 6 $0.00. Said sign is being acquired by SANBAG and Defendant acknowledges that the payment of just 7 compensation described.in the Judgment includes payment for said sign. Defendant shall, at its sole cost 8 and expense, remove or relocate said sign on or before the date that SANBAG begins construction at the 9 Subject Property. In the event that said sign has not been moved onto Defendant's Property or otherwise 10 removed on or before said date, SANBAG is hereby granted the right to remove said sign and Defendant 11 hereby abandons said sign. Defendant releases SANBAG from any and all responsibility for said sign, 12 and understands and agrees that said sign will be the sole property of Defendant. Defendant shall be 13 liable and responsible for any future reconstruction, maintenance or adjustment thereto. SANBAG 14 makes no representations or warranties as to Defendant's ability to construct or maintain said sign on 15 Defendant's Property. SANBAG has no objection to Defendant relocating the existing sign within the 16 TCE area and SANBAG shall protect the sign in-place during construction. 17 (r) Any notices required to be provided to Defendant under this Order shall be provided as 18 follows: via e-mail, to jimg dvnpt.com and lneris(udvnpt.coln, and via certified mail, to Mountainside 19 Apartment Investors, LLC, c/o Davenport Investments IV, LLC, 1800 JFK Boulevard, Suite 603, 20 Philadelphia, PA 19103, Attn: .Jim Quinn/Lisa Neris. 21 3. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 22 public purposes under Article I, Section 19, of the California Constitution, California Public Utilities Code 23 section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 24 for which SANBAG seeks to condemn the Subject Property, to wit, in connection with the Project and 25 for public transit improvements, is and was authorized by law and is and was a public use; the public 26 interest, safety, and necessity require the Project; the Project is and was planned and located in the 27 manner that will be most compatible with the greatest public good and the least private injury; and the 28 Subject Property is necessary for the Project. a FINAL ORDER OF CONDEMNATION 1 4_ Just compensation has been paid to Defendant, and such sum was accepted by Defendant, 2 as full payment of just compensation for the acquisition of the Subject Property and the construction of 3 the Project in the manner proposed, including,but not limited to, severance damages, loss of goodwill, 4 loss of or damage to improvements pertaining to the realt y, fixtures equipment, and/or inventory, 5 precondemnation damages, relocation benefits, and claims for attorneys' fees, litigation expenses, 6 statutory costs, and interest pertaining to this action. 7 5. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 8 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 9 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 10 shall be cancelled. 11 12 Dated: JUDGE OF THE SUPERIOR COURT 13 EWID C� 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 FINAL ORDER OF CONDEMNATION • i i • I i f • i i! EXHIBIT A . I i • I i i i • I • v I j • l , I • i - r j i LEGAL DESCRIPTION FOR LARGER PARCEL i ATTACHMENT"1" i The land referred to herein is situated in the State of California,County of San Bernardino, City of San Bernardino,and described as follows: Lots 1, 2 and 3, Tract No. 13039, in the City of San Bernardino, County of San Bernardino, State of California, as per Plat recorded in Book 195, Pages 87 and 88 of Maps, records of said County. i i E i I f I A16-APN(s):0266-601-01,0266-601-02 and 0266-611-01 ji i j i i LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASENLENT- I 3200)E.GuasU Road:SuAe 2C;O..C tzno,CA 91761 •Tdeph&e:909.218.3800•Fax 909-295-3005" www.PBM",S.COM i t EXHIBIT A I i RIGHT OF WAY AP 0266-601-02 TMaT Pt?RTt1�N QF I;OT 2,yT.RACT NO.'13039,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDIMQ,$TXM- OF OALIFORNIA,AS-P�.R PLAT RECORDED IN BOOK 195,PAGES':87 AND 88 OF MAPS, R.&RC).$OF'SAID GQQ.N Y;QF_SSVRIB-ED AS FO.LL©WS: .BEG)ts NIRG AL THE IVfOSf WESTERLY`CORMER OF SAID LOT 2;THENCE M .°2.5`.55"E.ALONG THE NORTHWESTERLY'LIKE.0f.SAID LOT 2;:A.018TANCE OF 415 FEET TO THE'POl'NT QF Mm E•QF A.NQN. fAF�GEN'f UI�VEE(3NCRw .l>tOKTHE PA5T EkLY.0FWHtEHTb�E.F�XGYtUSFC�IrJTLIES-ta1.33°A3?4t"E...A F?AptA4 GSISTPyNCE DF X9:50 FL1;'T:MEIQE SQUTIIEAS f1 RLY ALQNG.T.HE-ARC,:THFl7l1,GH A CENTRAL JG4 E[QF Q4'-37'?3'yA l '(�P:I .CE:OF 2:30'FEET;'Tki NCE 4'rr3'.33" P%ARALLtL1rYrm THE CENTERLIKE OF.t EPJDF�LL DF2fuE�A[)l.SfAl�lwE, lF 77':06 f;tL rt:.TFiEfV E S 85"58:'34 E A:01--STANCE OF.e 36 FEET: TMEGI I:S 5Q°22'50"E,.A FSC 7 At C .Q fi 37'EEET�'f RENEE 6 56b84 OF 6 3&FEET; i 'iHEt�ICB S:55°2828"E„A D]SIANCE QF 6.39'FEET:THENI E 5.5Rt"ID'27'ts:,A DISTANCE.0P 6.41 FEET; THE)`1QIa;IV. B'a3'i9 E A:DISTA�IGE CJF. ;� ;FEE f;THENCE x.60°534$3"E.,A Df FANCE`QF 28..39 FEET;, THEN?✓E.S.07'1:0!38'IN.,.A DtSTANCE.OF 5.1x0.FEE-T�-THE.SOUTCiWESTERLY'LINE OF S'AJD LOT 2;THENCE G�.64"53W W.,ALONG 0AIL`i.5`OUTt-Ft�/ESI ER LII�E,.,A DISTARI,E(�F 146,52 FEET TQ'TH-,POW OF .BE4�INN'ItV.G. GD.I�t1�AtIViN :3 $'8Q ARE FEEL @ct_ :0.19 LE-,9 I fk.4.LA5 HI;O EPA..RTlC11L I tY.St GJ1%fEIV'&AI Filgl7 B l FTP kIEfl I1ER Q isUV'IP-MA[�E A PAE�T HEREOF. i I QP<:fi�D"1'Il�.'IFTki'f3lk?�C�FS�T'`FEJV�gEF:�.�0'li � OfESSi4R,,.: 7. zE: �bBEi2T'EpVUAR�5,•...••cEt�J�S;:PE'•25116$. F��Gi�s�`T1 ATIQtJ E RRIRS'1. 1.11 - '... . .. y R� ALFQ'. APN�Z66at X,a 6W Page4 • Wp}LaeuS-M023-ZD-X09-997Ndb DW/W& 096>b OOd:Rp pcl}odd O o - N O a p v •O m (j � N � M M M M ? d• M O J N � a � � � D Q Z 3 � 3 3 w O d n m tD tai lD Yl � N •[] � •O •n O V to a: N Z 2 Z Z 2 2 V! Z Z Q N i CO z •[1 •p r� W 07 O � � 2 in o 3 Qa m ti im N h rte;-` = z Q 0 q=�, a a Q[� L'-E: v D- W W } � t ,OS OS j LLI J J z ; W N Y CO v O u „ M d Z ,O =� fl u� m �b41 a o . � �o �N� I i t i j • t i i i j f • j I I now j LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT i PARSONS. , 3266E.Guasli Raze.Suit e._CC.Gatana.CA 91701 •Telghane:9(:9-YSZ-36(G•Fax 0-09-21a-3405• Y:,:rc+.parsoiw.Wn i i EXHIBIT A i TEMPORARY CONSTRUCTION EASEMENT AP(1266-+601-02 THAT PORTION,OF LOT 2,TRACT NO.13039, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BEC4N- RDIP-10,STATE OF CALMO RNIA,AS PER PLAT-0ECOI�DED IN BOOK 1"9:5,PAGES 87 AND--88 OF MAPS, RECO'R.QS OF SAIL)COUNTY,DESCRIBED-AS.FOLLOWS: :COMM, AT'THF,MOST WESTERLY CORNER OF STAID.LOT 2;THENCE N.58 26'55"E.,Al-blgd THE 1310RTHNIESTERIY'LINE bF S3 ID LOT 2 A f31STANeE OF 4.26 FtET TQ rHE TRUE P.OII.GT Q BEGINNING; THENCE CONTINUE KORTHEASTE-RLY ALONG SAID LINE,A QtST;-PH QF 8.93:FEET;.THENCE S 6Q°63.3X E. ? RAKAELELWtTH.THE S UfTHW- TERL�y--)rINE4F S�k�D LOT.2.A DtSTAN.GE OF 01.12 FEET T�1EtY(C pI.ST�1N�.E;_QF 1.;6�FE�7;:TF{ERf,�E S.6©.`93:36•'E.,PLD�ErTl+rPtCE'�JF:4tlt5?4 FEET;�N�f?JCE SsQ4p26'36"Vif A EQISfANf4E OF k4;'14 BEEFTO TTiEwOUTli1NETEtLY tiNE'UFY�ILI LQT�; THEKIPyE I`I.6Q 53'33" b ALi1NG b`A1G SOUTkttIUESTERLY Lot A DISTANCE.OF tD.5r2 FEET;THENCE IV 07°^k0`.a3fi?E.,.A (�ISTAI�?CE OF.B F70 F ;TIIF )=�1;6Q°�3'33"t11C.,A[7CSj'PiNCE bF,28 39 FE1=T;TI EN!GE 5:66°(13'I"9 Vi(,A .DI fEtitE10E C3F3.99.'FEET;TWEI�.GE I�LSit"�:Q 27 W.,A DIET INCE 0 ra4l.FEET;'-,HEN E 1V;55'P28`28."111(,r ti71SFi41>1 E OF.&.39 F'I=ET:ThiEK7GE:,k156.°5q`4T"W..A D15FA4 CE C1F.6<88 FEE�G TNEI�ICE IV:58'22'S411V,YPa i DIS fANCE OF t7 37 FEET;TI IEN N.5�''6�'.4"V' A'DIST7.AGE OP.-B.a6 FEET;7}1EI�CE N:fia'53��1/K.,,A DISI'AN°CE 0F41.66`--FEET TO A POIhtT(JFTAFII;ENT CI1F;1lE C4p1 A�7 E NORTHEASTERLY-HAV[NG A [.ADI.US,0F 2&50 F:E.ET•ANL1�K GENTRALAA6LE QF b4°37�'13°;THENCE k 9''R`60ESTERLY ALOI 1 THE AFC Apl cfAN )=OF:'3EkfEETT(?`'T.HE.TRU9 PO1,NT OF BE:GINNI ,' C&4TACEN]kf i''•T; f l )=FELT lWIC,FtE'OR L SS. ALI,AS'M'OM PerKtC3MARL.Y SMWON EXHIIAIT B-kr-r-�tiEE9 WE O:%#t?D*Q.E A PAP.T MERtQF. ' C�ATEt31'HIS;i�I�;F7J:�Y"Ol �ERTEMB�R„20:1:0 ' Q�p f.-'S3jp . R66ERT'a'W-4 4i j'!: - .:. ,'AE 2.6668 �: 14 T m' ar 6EST.F10 EP.IE?;. 2 ! tPCt55 60?Q2"fe pal uDpllooVS-301-20-109-99ZNd� ObZ/91/6 0966 b ooa:/Q Pea aQid 0 o cv o — n a f a V Q 41 O lD M Z UQ tD M N 1[S O O O W I w ' 3 3 3 W W w 1- 3 3 P+� O V - Ql Ip - iv -- e+l M (DO C7 1a. N j Z I z m °v m o n o o w 0 moo' Lsp cD W LO O - 4M U w m m m N m i X a w W a o i < C= a a 0 .w n an 1n r- - m ,o5 W LU F- �n v1 in o N N 1n N N 1n N i. W m N O Of m 1p 41 CO d 'n m Z Y/ — Q Z 'R o N- �N� EXHIBIT 663" PARCEL NO. A-26 (FINAL ORDER) [SEE ATTACHED] PLEASE COMPLETE THIS INFORMATION. Recorded in Official Records,County of San Bernardino 12/1512011 N DENNIS DRAEGER M P" RECORDING REQUESTED BY: K ASSESSOR — RECORDER — CLERK San Bernardino Associated Governments,a Joint Powers Authority,acting as the San Bernardino P Counter County Transportation Commission AND WHEN RECORDED MAIL TO: DOC#: 2011 —0533216 Titles: 1 Pages: 12 Rick E.Rayl Fees 0.00 Nossaman LLP Taxes 0.00 18101 Von Karman Avenue,Suite 1800 other 0.00 Irvine,CA 92612 PAID 50.00 [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDERS USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) 1 s 1 I i 1 ; THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Amerkan LegalNet,lne. Rec.Form#R25 www.USCourtFom�s.com s Recorded in Official R County of San Bernardino Wide, Doc#: 2011—0533216 1 NOSSAMAN LLP 12 15'2011 2:38 PM RICK E. RAYL (SBN 174257) 2 rrayl @nossaman.com 1 BRADFORD B. KUHN (SBN 245866) g 3 bkuhn @nossaman.com CUP I 4 Special Counsel F I [. E D 18101 Von Karman Avenue, Suite 1800 SUPERIOR COU? '%ALIFORNIA COUNTYOF;;a: r;,;v,3CiN0 5 Irvine, CA 92612 SAN BERNAROi" v Telephone: (949) 833-7800 6 Facsimile: (949) 833-7878 NOV 2 v ?011 7 By Attorneys for Plaintiff deputy 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA I 12 FOR THE COUNTY OF SAN BERNARDINO 13 i 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1104952 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DAVIDfCOHN, DEPT. S35 17 Plaintiff, ] FINAL ORDER OF 18 vs. CONDEMNATION 19 LA INVESTMENT CO., LLC, a California parcel No. A-26] limited liability company, et al; 20 Defendants. ' 21 22 Action Filed: April 15, 2011 23 [EXEMPT FROM FILING FEES - GOV. j CODE, § 61031 I 24 25 26 27 �. 28 is 313769 1.doc FINAL ORDER OF CONDEMNATION i s 1 Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County } 2 Transportation Commission ("SANBAG"),having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to an Interlocutory Judgment in Condemnation,and SANBAG and 4 defendants having waived a Statement of Decision,Final Judgment having been entered, and payment 5 having been made in full,no other party or person having or claiming to have an interest in the property 6 being acquired or the compensation to be paid for the property, and good cause appearing: I 7 NOW,THEREFORE,IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit"A,"described as Assessor's Parcel f 9 Number 15120212, located at 1050 W. Kendall Dr., San Bernardino, California, and more particularly 10 described as SANBAG Parcel Number A-26, consisting of a permanent easement of approximately 456 11 square feet, along with a six month temporary construction easement of approximately 1,223 square 12 feet, as described in SANBAG's Complaint on file in this matter("Subject Property"), is hereby 13 condemned to SANBAG for the purposes of constructing, maintaining and operating the sbX E-Sheet { 14 Corridor Bus Rapid Transit Project ("Project"), for the purpose of all necessary and convenient activities 15 associated with the construction of the Project and for public purposes. The temporary construction 16 easement shall commence seven (7) days from the date upon which SANBAG or its authorized H 17 representative provides the applicable defendant with written notice of its intent to commence 18 construction utilizing the temporary constriction easement and shall terminate on the earliest of(a)the 19 date upon which SANBAG notifies the applicable defendant that it no longer needs the temporary 20 constriction easement, (b) six (6) months from the commencement date of the temporary construction 21 easement, or(c) December 31,2013. 22 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 23 public purposes under Article I, Section 19, of the California Constitution,California Public Utilities Code 24 section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 25 for which SANBAG seeks to condemn the Subject Property,to wit, in connection with the Project and 26 for public transit improvements, is and was authorized by law and is and was a public use;the public 1 27 interest, safety, and necessity require the Project; the Project is and was planned and located in the 28 FINAL ORDER OF CONDEMNATION 1 manner that will be most compatible with the greatest public good and the least private injury; and the 2 Subject Property is necessary for the Project. 3 3. Just compensation has been paid to LA Investment Co., LLC,a California limited 4 liability company, and U.S. Bank National Association, as Trustee, as successor-in-interest to Bank of 5 America,N.A., as Trustee, as successor to Wells Fargo Bank,N.A.,as Trustee for the Registered 6 Holders of Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass-Through 7 Certificates, Series 2006-C2 (collectively"Defendants"),and such sum was accepted by the Defendants, 8 as full payment of just compensation for all claims of any nature, including without limitation all claims 9 for severance damages,relocation assistance,business goodwill,real and personal property, fixtures, i 10 equipment, damages,compensation, fees, costs, and litigation expenses,other expenses, interest,and any j 11 and all other claims which have been or could have been raised in the lawsuit. ! 12 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 13 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 14 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 15 shall be cancelled. 16 NOT 17 Dated: 2 3 2011 ON10 CI 18 JUDGE OF THE SUPERIOR COURT 19 20 21 22 23 24 25 26 27 i i 28 FINAL ORDER OF CONDEMNATION I { 1 i i i I EXHIBIT A LEGAL DESCRIPTION & PLAT MAP FOR PERMANENT EASEMENT AND TEMPORARY P CONSTRUCTION EASEMENT i i i EXHIBIT A RIGHT OF WAY APN 0151-202-12 THE FOLLOWING DESCRIBED PROPERTY COMMENCING.AT THE CENTERLINE OF KENDALL DRIVE(40.00'FEET HALF WIDTH)AND 40TH STREET: ! THENCE N.89'09'38"E.ALONG THE CENTERLINE OF$AI'D 40TH STREET,A DISTANCE OF 28.05 FEET; �• 'THENCE N.00'50'22"W.,A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT OF WAY OF SAID 40TH STREET AND THE TRUE POINT OF BEGINNING:THENCE N.60'52'51"W.,A DISTANCE OF 85.85 FEET;THENCE i N.75'09'05'E.,A DISTANCE OF 7.83 FEET;THENCE S.59°50'55"E.,A DISTANCE OF 106.85 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIES S.22"56'03``.,A RADIAL DISTANCE OF 78.00 FEET;THENCE WESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 06'4531",A DISTANCE OF 8.20 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT l HAVING A RADIUS OF 78.00 FEET AND A CENTRAL ANGLE OF 13'00'06";THENCE NORTHWESTERLY ALONG THE ARC,A DISTANCE OF 17.70 FEET TO THE.TRUE POINT OF BEGINNING. CONTAINING 456 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. i BEING A PORTION OF: THOSE PORTIONS OF SECTIONS 16 AND 21,TOWNSHIP 1 NORTH,RANGE d WEST,IN THE RANCHO. MUSCUPIABE,CITY OF SAN BERNARDINO.COUNTY OF SAN-BERNARDINO,STATE OF CALIFORNIA,AS THE LINE.OF GOVERNMENT SURVEY MAY BE EXTENDED ACROSS SAID RANCHO AS PER MAP RECORDED IN BOOK 7,PAGE 23 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEGINNING AT THE INTERSECTION OF THE EAST LINE OF MOUNTAIN DRIVE WITH THE NORTHERLY LINE OF KENDALL DRIVE AS SAID DRIVES WERE:DESCRIBED IN DEEDS RECORDED IN BOOK 212,PAGE 174 AND SOOK 156,PAGE 324,RESPECTIVELY,OF OFFIC.IAL RECORDS;.TH'ENCE NORTH 00'23'06"WEST '173.20 FEET ON SAID EAST LINE OF MOUNTAIN DRIVE TO THE SOUTHERLY LINE OF THE LAND CONVEYED TO THE'SAN 9E)•2NAROINQ COUNTY FLOOD CONTROL DISTRICT BY DEEDS RECORDED IN BOOK 1467, PAGE.26 AND BOOK.1555,PAGE.385 OF OFFICIAL RECORDS;THENCE SOUTH 6D'25'03"EAST 418.87 FEET ON SAID:SOUTHERLY LINE TO THE SOUTH LINE OF SAID SECTION.16;THENCE SOUTH 89"28'20"WEST 32.01 FEET ON SAID SOUTH LINE,OP SECTION 16 TO THE NORTHEAST CORNER OF THE LAND DESCRIBED f AS PARCEL 2 IN DEEDTO WILLIAM COLEMAN RECORDED JUNE 17,1981,AS INSTRUMENT NO.81-132323 l OF OFFICIAL RECORDS;THENCE SOUTH-O'21'00"EAST 103.92 FEET TO THE EAST LINE OF SAID'PARCEL 2 TO-THE SOUTHEAST CORNER THEREOF AND THE NORTH LINE OF FORTIETH STREET,60.00 FEET WIDE: THENCE SOUTH 89'33'54"WEST 87.22 FEET ON SAID NORTH LINE OF FORTIETH STREET TO SAID NORTHERLY LINE OF KENDALL DRIVE:THENCE NORTH 60'25'O3"WEST 280.48-FEET ON SAID NORTHERLY LINE TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF THE NORTHWEST-CORNER OF 40TH STREET AND KENDALL DRIVE j VACATED BY THAT CERTAIN RESOLUTION NO.87-427 RECORDED DECEMBER 18,1.987 AS INSTRUMENT ! NO.87443222 OF OFFICIAL RECORDS,DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTHWESTERLY LINE OF THE SAN BERNARDINO FLOOD-CONTROL CHANNEL AND THE NORTHERLY LINE OF-40TH STREET.60 FEET WIDE: THENCE SOUTH 89'33'54"WEST AND PARALLEL WITH THE CENTERLINE OF SAID 40TH STREET,A DISTANCE OF 233.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 00'21'00"EAST,A DISTANCE OF 1:86 FEET,TO THE BEGINNING OF A 163.21 FO 07EON=TANGENT CURVE,CONCAVE TO THE i SOUTHEAST,A RADIAL FROM SAID BEGINNING BEARS SOUTH 30'14'58'EAST.;THENCE { SOUTHWESTERLY,ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 06'29-26-,.AN ARC DISTANCE 11 OF 18.49 FEET,TO THE BEGINNING OF A 36.00 FOOT REVERSE CURVE,CONCAVE TO THE NORTH,A (E I I -1- i is r RADIAL FROM SAID BEGINNING BEARS NORTH 36'44'23"WEST;THENCE Wl STERLY,ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 66°19'20%AN ARC,DISTANCE OF 41.67 FEET,TO THE BEGINNING OF A 78,00 FOOT REVERSE CURVE,.CONCAVE TO THE SOUTHWEST,A RADIAL FROM SAID BEGINNING BEARS SOUTH 29°34 67"WEST;THENCE NORTHWESTERLY,ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 13°00710%AN-ARC DISTANCE OF 17.70 FEET,TO THE BEGINNING OF A 78.00 FOOT REVERSE CURVE, CONCAVE TO THE NORTHEAST,A RADIAL FROM SAID BEGINNING BEARS NORTH 16°34'47*EAST; THENCE NORTHWESTERLY,ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 13°00'00",AN-ARC DISTANCE OF.17:70.FEET TO THE INTERSECTION OF THE NORTHEASTERLY LINE,OF KENDALL DRIVE AND THE NORTHERLY LINE OF 40TH STREEC;THENCE NORTH 89°33,54?EAST,ALONG THE NORTHERLY LINE OF SAID 40TH STREET,A.DISTAN"CE OF 87.22 FEET TO THE TRUE POINT Of BEGINNING. I f! i I • i i i i I i SEC � pUm SEC 96 AND PTHMc21TPMH41 N220 56'03"E 4 (RAD) c, 5 PRC i r 2 T.P.0.8. 8 0 6 v 76.53' 7 KENDALL DRIVE j N60°52'51"W W P.O.C. j 8 r Y`.' L { / y t n7' o I rz T i o i co � a x a BEARING & DISTANCE DATA z No. BEARING DISTANCE (FT) CURVE DATA p 1 S60'52'51"E 85.85 No. R A L z ` 4 N59°50'55V 106.85 78.00 13'00'06" 17.70 Q S75'09'05"w 7.83 78.00 06'4531° 9.20 0 4' CA q 4' i ® S00°50'221 30.00 9 7 N89°09'38°E 28.05 8 I N29°0709"E 40.00 o 0 P Y i Y EXHIBIT " B " A-26 PARSONS 09/16/20to 1200 EAST GUASTI ROAD, SUITE 200 APN 151-202-12 ONTARIO,CALIFORNIA 91761 + RIGHT OF WAY ""°'° toff s d I i EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT APN Oi 51-202-12 THE FOLLOWING DESCRIBED PROPERTY COMMENCING AT THE CENTERLINE OF KENDALL DRIVE:(40.OQ FEET HALFWIDTH)AND 40TH STREET; THENCE•N.60°52'51'.U.tI_.ALONG THE CENTERLINE OF SAID KENDALL DRIVE,A DISTANCE OF 76.53 FEET; HE THENCE N.29"07'09-E.,A DISTMCE-OF 40,04 FEETTO THE NORTHEAST RIGHT OF WAY OF SAID KENDALL DRIVE-AND THE TRUE POINT OF BEGINNING;THENCE'N.60°52'51'W_A DISTANCE OF 7.97 FEET;THENCE N.30°09'05"E.,A DISTANCE OF 5.48 FEET;THENCE R.75%6'06"E.,A DISTANCE:OF 9.61 FEET;THENCE 5.60°51'16"E.,A DISTANCE OF-137.81 FEET;THENCE N.75°5$'54"E.,A DISTANCE OF 26.34 FEET TO THE POINT OF CURVE OF ANON TANGENT CURVE TO THE I EFT,OF WHICH THE.RADIUS POINT LIES S.35°21'12'E.;.A RADIAL DISTANCE OF 163.211 FEET:THENCE SOUTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE'OF 01.47'23';A DISTANCE OF 5.10 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 36.00 FEET AND A CENTRAL ANGLE OF.66"19'12";THENCE WESTERLY ALONG THEARC;A.DISTANCE OF 41.67 FEET TO A POINT OF REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 78:00 FEET ANDA CENTRAL ANGLE OF 06°14'35';THENCE NORTHWESTERLY ALONG THE ARC, A.DISTANCE OF'0:50 FEET;THENCE N.59`50'S5 'W.,A DISTANCE OF 106:85 FEET;THENCE S.75'09'06W.,A DISTANCE OF 7.83 FEET TO THE TRUE POINT OF.BEGINNING_ CONTAINING 1,223 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON'EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. BEING A PORTION OF: THOSE PORTIONS OF SECTIONS 16 AND 21,TOWNSHIP 1 NORTH,RANGE 4 WEST,IN THE RANCHO MUSCUPIABE,CITY-OF-SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS.THE LINE OF'GOVERNMENT SURVEY MAY BE EXTENDED ACROSS SAID RANCHO AS PER MAP RECORDED IN Book.7,PAGE 23 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER.OF SAID COUNTY, .BEGINNING AT THE-INTERSECTION OF THE EAST LINE OF MOUNTAIN DRIVE WITH THE NORTHERLY LINE .OF KENDALL DRIVE AS SAID DRIVES WERE DESCRIBED IN DEEDS'RECORDED IN BOOK 212,PAGE 174 AND BOOK 156,PAGE 324,RESPECTIVELY,OF OFFICIAL RECORDS;THENCE NORTH 00'23'05'WEST 173.20 FEET ON SAID EAST LINE OF MOUNTAIN DRIVE TO THE SOUTHERLY LINE OF THE LAND CONVEYED TO THE SANVERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEEDS RECORDED IN BOOK'1467, .PAGE 26-AND BOOK 1565.PAGE 385 OF OFFICIAL RECORDS;THENCE SOUTH.60'25'OS'EAST 418.87 FEET ON SAID SOUTHERLY LINE TO THE SOUTH LINE OF SAID SECTION 16;THENCE SOUTH 89°28,20*WEST 32.61 FEET ON SAID SOUTH LINE,OF SECTION 16 TO THE.NORTHEAST CORNER OF THE LAND DESCRIBED AS PARCEL 2-IN DEED TO WILLIAM COLEMAN RECORDED JUNE 17i 1:981,AS INSTRUMEN'T NO.01-132323 OF OFFICIAL-RE.CORdS;THENCE SOUTH 0'2l1'00'EAST 103.92 FEET TO THE EAST LINE OF SAID PARCEL 2 TO THE SOUTHEAST CORNER THE AND THE.NORTH LINE OF FORTIETH STREET,60.00 FEET WIDE; THENCE SOUTH 89'33''54"WEST 87.22 PEET ON SAID.NORTH LINE-OF FORTIETH:STREET TO SAID NORTHERLY LINE OF-KENRALL DRIVE;THENCE NORTH 60'25'03"WEST 280.48 FEET ON SAID NORTHERLY LINE TO-THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF THE NORTHWEST CORNER OF 40TH STREET AND KENDALL DRIVE VACATED BY THAT CERTAIN RESOLUTION NO.87-427 RECORDED DECEMBER 1.8,1987 AS INSTRUMENT NO.87-40222 OF OFFICIAL RECORDS,DESCRIBED AS FOLLOWS: -1- r ' T 1 t i i pp i PTH SEC 16 AMD PBH SEC 21YPIliN0 S35 021'12"E S22 0 56'02"W (RAD) 5 (RAO) 6 7 1 P.O.C. g 2 T•P.O.13. PRC 0 v 76,53' KENDALL DRIVE N600 52'51"W P.O.C. n w > u C] W T BEARING & DISTANCE DATA CURVE DATA � No. BEARING DISTANCE IFT) No. R e L 560 52 85.85 I 163.20 0147'23" 5.10 QZ 560'5251°E 7.97 8 36.00 66'19'12° 41.67 4 3 S30°09'051W 5.48 9 78.00 06°14'35° 8.50 S75°09'05"W 9.61 q 4' q' N 5 N60°51'10 137.81 6 S75�56'54 W 26.34 559°50'55"E 106.85 N75°09'05 0E 7.03 0 N29007109°E 40.00 P 9 t �/� yq���r EXHIBIT 111311 wa°•, A-� Q F3"r*©NS 6+ �` 09/16/2010 d 3200 EAST 6UASTI ROAD, SUITE 200 APN 151-202-12 ONTARIO. CALIFORNIA 31761 TEMPORARY CONSTRUCTION EASEMENT "`I"° 1 of 1 a EXHIBIT "4" PARCEL NO. A-53 (FINAL ORDER) [SEE ATTACHED] `PLEASE COMPLETE THIS INFORMATION. Recorded in Official Records,County of San Bernardino 8/2512011 DENNIS DRAEGER 4'30 P" nnnaa[m�nni�R ASSESSOR — RECORDER — CLERK RECORDING REQUESTED BY: San Bernardino Associated Governments,a Joint P Counter Powers Authority,acting as the San Bernardino County Transportation Commission Doc#: 2011 -0360105 Titles: 1 Pages: 17 AND WHEN RECORDED MAIL TO: Rick E.Rayl Fe 0.00 es Taxes 0.00 Nossaman LLP Other 0.00 18101 Von Karman Avenue,Suite 1800 PAID $0.00 Irvine,CA 92612 �C(sNM i FQ.aM f4f-f — G o u, L oOO 6"1 o THIS SPACE FOR RECORDERS USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 American LegalNel,Inc. Rec.Form MR25 www.USCourtFonm.com 1 NOSSAMAN LLP RICK E. RAYL (SBN 174257) 2 rrayl@nossaman.com r� BRADFORD B. KUHN (SBN 245866) ' ? bkuhn@nossaman.com -'�;:`" '�`` ,:: 4 Special Counsel AUG' 2011 18101 Von Karman Avenue, Suite 1800 5 Irvine CA 92612 Telephone: (949) 833-7800 �� -~ f -" � 6 Facsimile: (949) 833-7878 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1104970 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DONNA GUNNELL GARZA, DEPT. S38 17 Plaintiff, 18 vs. ] FINAL ORDER OF CONDEMNATION 19 7-ELEVEN, INC., a Texas corporation; DOES 1 Through 100, Inclusive; and [Parcel No. A-53] 20 ALL PERSONS UNKNOWN CLAIMING ANY TITLE OR INTEREST IN OR TO THE 21 PROPERTY DESCRIBED HEREIN, 22 Defendants. Action Filed: April 15, 2011 23 [EXEMPT FROM FILING FEES- GOV. 24 CODE, § 61031 25 --- 26 27 ,-,,28 czy 311659 1.DOC FINAL ORDER OF CONDEMNATION I Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission("SANBAG")having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to a Final Judgment in Condemnation, and SANBAG and defendants 4 having waived a Statement of Decision,judgment having been entered, and payment having been made 5 in full,no other party or person having or claiming to have an interest in the property being acquired or 6 the compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE,IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit"A," described as Assessor's Parcel 9 Number 0266-183-01, located at 1395 Kendall Drive, San Bernardino, California, and more particularly 10 described as SANBAG Parcel Number A-53, consisting of a permanent easement("Permanent 11 Easement") of approximately 5 square feet, along with a temporary construction casement("TCE") of 12 approximately 49 square feet, as described in SANBAG's complaint on file in this matter("Subject 13 Property"), is hereby condemned to SANBAG for the purposes of constructing, maintaining and 14 operating the sbX E-Street Corridor Bus Rapid Transit Project ("Project"), for the purpose of all 15 necessary and convenient activities associated with the construction of the Project and for public 16 purposes. The temporary construction easement shall commence seven (7) days from the date upon 17 which SANBAG or its authorized representative provides the applicable defendant with written notice 18 of its intent to commence construction utilizing the temporary construction easement and shall terminate 19 on the earliest of(a)the date upon which SANBAG notifies the applicable defendant that it no longer 20 needs the temporary construction easement, (b) six (6) months from the commencement date of the 21 temporary construction easement, or(c) December 31, 2013. 22 2. The terms of use of the Permanent Easement and TCE are subject to the following: (a) 23 The TCE area may be used for the temporary entry onto and use thereof to facilitate the construction of 24 the Project improvements in the Permanent Easement area. SANBAG and its contractors, employees 25 and agents may temporarily use the TCE area and place necessary equipment and tools thereon to 26 actually perform the work of the Project on the Permanent Easement. No storage of materials, 27 equipment, tools or vehicles is allowed in the TCE area after construction hours; (b) Upon completion of 28 the work in the TCE area SANBAG shall replace all grass or turf damaged or destroyed in performing 311659 I.DOC FINAL ORDER OF CONDEMNATION I the work and further shall repair any contractor damage to the existing berm on the property owned by _. 2 Defendant; (c) SANBAG shall protect in place all existing trees located in or adjacent to the TCE area as 3 shown on the Omnitrans improvement plans. In the event any such tree is damaged by the contractor 4 and has to be removed, SANBAG shall replace all such trees with a replacement tree equal to the 5 existing tree or trees. SANBAG shall further protect in place all signs, lighting fixtures and other 6 improvements on the remainder property of Defendant as shown on the Omnitrans improvement plans; 7 (d) Reasonable driveway and pedestrian access to Defendant's remaining property will be maintained at 8 all times during construction activities; (e) SANBAG shall post or cause to be posted"open for business 9 during construction"type signs in or on or near the adjacent public streets to advise the traveling public 10 the store on the property owned by Defendant is open while construction is underway; (f) SANBAG 11 shall provide Defendant with the contact information of the Resident Engineer to enable Defendant to 12 communicate freely with the Resident Engineer at any time concerning any issue or issues raised by the 13 performance of the work of the Project; (g)The total costs of the construction of any and all work in the 14 TCE area or Permanent Easement shall be borne solely by SANBAG; and (h) Upon Defendant's 15 request, but at no time earlier than the expiration of the work on the TCE or December 31, 2013, 16 whichever is earlier, SANBAG shall record, at no cost to Defendant, a quitclaim deed transferring 17 SANBAG's interest in the TCE to Defendant, or Defendant's successor in interest should Defendant 18 have transferred ownership to the remainder property prior to that date. 19 3. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 20 public purposes under Article I, Section 19, of the California Constitution,California Public Utilities Code 21 section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 22 for which SANBAG seeks to condemn the Subject Property, to wit, in connection with the Project and 23 for public transit improvements, is and was authorized by law and is and was a public use; the public 24 interest, safety, and necessity require the Project; the Project is and was planned and located in the 25 manner that will be most compatible with the greatest public good and the least private injury; and the 26 Subject Property is necessary for the Project. 27 4. Just compensation has been paid to 7-Eleven, Inc., a Texas corporation ("Defendant"), 28 and such sum was accepted by the Defendant, as full payment of just compensation for all claims of any 2 FINAL ORDER OF CONDEMNATION I nature,including without limitation all claims for severance damages,relocation assistance,business 2 _goodwill,real and personal property,fixtures,.equipment,damages, compensation,fees,costs, and litigation 3 expenses,other expenses,interest, and any and all other claims which have been or could have been raised 4 in the lawsuit. 5 5. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 6 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 7 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 8 shall be cancelled. 9 C 10 Dated: '-z' �i L 11 UD ' , OF TTE SUPERIOR•COURT 12 0 o^2011 RIAN S. WCARVILLE AUG 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 FINAL ORDER OF CONDEMNATION Z EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACI VI "1" The land referred to herein is situated in the State of California,County of San Bernardino, City of San Bernardino,and described as follows: Lots 80 and 81,Tract No. 3177, as per map recorded in Book 45, Pages 59 and 60 of Maps, in the Office of the County Recorder of San Bernardino County, Califomia. /Assessor's Parcel Numbers: 0266-183-01-0-000 and 0266-183-02-0-000 A53-0266-1"1&02 LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT A . '?V)E.GI;Ps i Rua6-SOW--rf..;,Ontario CA 2172 i i -wW 3 c e.vC�ftOf=.. .�-7.8-�E+:�= =ax �:9.��h-26�b" �•r•N-•.0^.�G'1,...0-, EXHIBIT A RIGHT OF WAY AP 0266-183-01 t THAT PORTION OF LOT 80,TRACK NO:3177,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 45.PAGE(S)59 AND 60,OF MAPS, I IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 80;THENCE S.60°52'51"E.ALONG THE NORTHEASTERLY LINE OF SAID LOT 80.A DISTANCE OF 3.72 FEET;THENCE S.84°35'33"W.,A DISTANCE OF 4.52 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 80;THENCE N.29°07'00"E.ALONG NORTHWESTERLY LINE.A DISTANCE OF 2.56 FEET TO THE POINT OF BEGINNING. CONTAINING 5 SQUARE FEET,MORE OR LESS. i ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. t DATED THIS 15TH DAY OF SEPTEMBER.2010 :pPOfESS A R I) m No m m _ _ - o ROBERT DWARD S 5 PE 25068 :' d REGISTRATION EXPIR-S 1213111'1 �4 APN0266-183-01.R01V - Page 1 W 50' 2 50' 1 . 4 . t~ 2 O I � LU Ln ti 3 ; KENDALL DRIVE i BEARING & DISTANCE DATA i No. "ING DISTANCE tFTl I 1 N60'52'51"M 3.72 2 N84'35'3rE 4.52 _(3 S29°07100"K 2-56 0 rn SEE DETAIL P 0.8. \ o Leg 01 40' 40' � / d 2 / N z \ � i DETAIL H.T.S. 6 P V W PARSONS EXHIBIT " B " aA53 o oc�zsnmo a i10C l;O j 3'+E 2D0 'O0 , FlkX DIT4 APN 266-143-01 I•�y RIGHT Of WAIF d LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT PARSONS 'tU\i E.G,:?$!!•...c °['tiv.'.W.... Vin. .:" _. ._�...'t��^L,� _.. ♦�.. _...-'-t lu"25;)5 t r:...:.✓<:?:.15-t_:_::. l EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0266-183-01 THAT PORTION OF LOT 80,TRACK:NO.3177,IN THE CITY OF SAN BERNARDINO.COUNTY OF SAN BERNARDINO.STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 45,PAGE(S)59 AND 60,OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: s COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 80;THENCE S.60°52'51'E_ALONG THE NORTHEASTERLY LINE OF SAID LOT 80,A DISTANCE OF 3.72 FEET-TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTHEASTERLY ALONG SAID UNE,A DISTANCE OF 8.82 FEET;THENCE f S.84°35'33W.,A DISTANCE OF 15.22 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 80-THENCE N.29°07'00"E_ALONG NORTHWESTERLY LINE.A DISTANCE OF 6.07 FEET;THENCE N.84°36'33"E.,A I DISTANCE OF 4.52 FEET TO THE TRUE POINT OF BEGINNING. s CONTAINING 49 SQUARE FEET MORE OR LESS. ALL AS N40RE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 15TH DAY OF SEPTEMBER,2010 FESS/ 4EGISTRATION BERT EDWARD FFENS.PE 25068 d No. EX IRES 12!31!19 a .AUFOe' ' f 77 0266-183(Il TCE v - ��— - Page 1 i w a rc 50' a 50' Kc _ -- 0 � o w ,n i" KENDALL DRIVE J BEARING & DISTANCE DATA No. BEARING DLSTANCE (FT) 1 N60.'52'S1°N 3.72 2 N84'35'V E 4.52 U S29°07'00"N 6,07 4 N84'35'33'E 1522 p (5) N60.52'51"W 8.82 CD SEE DETAIL y � f u v 0 T.P.O..B. C N 40' 40' V LOY .00 Yf mg 45/50°90 z DETAIL N.T.S. EXHIBIT of B ,6 °°-�- A-5 PARSONS "° oensno�o 3200 EAST CUA13I.ODA-0.SUTJE 206 APPI 26.6-183-01 ONTA109. C-10FOBNIA 91761 N EASEMENT TEMPORARY CONSTRUCTifl 0 PROOF OF SERVICE 2 The undersigned declares: 3 I am employed in the County of Orange, State of California. I am over the age of 18 and am not a party to the within action; my business address is c/o Nossaman LLP, 18101 Von 4 Karman Avenue, Suite 1800, Irvine, CA 92612. 5 On August 4, 2011, I served the foregoing [PROPOSED] FINAL ORDER OF 6 CONDEMNATION on parties to the within action as follows: ® (By U.S. Mail) On the same date, at my said place of business, a true copy thereof 7 enclosed in a sealed envelope, addressed as shown on the attached service list was placed 8 for collection and mailing following the usual business practice of my said employer. I am readily familiar with my said employer's business practice for collection and 9 processing of correspondence for mailing with the United States Postal Service, and, pursuant to that practice, the correspondence would be deposited with the United States 10 Postal Service, with postage thereon frilly prepaid, on the same date at Irvine, California. 11 ❑ (By Facsimile) I served a true and correct copy by facsimile pursuant to C.C.P. 1013(e), to the number(s) listed on the attached sheet. Said transmission was reported complete 12 and without error. A transmission report was properly issued by the transmitting facsimile machine, which report states the time and date of sending and the telephone 13 number of the sending facsimile machine. A copy of that transmission report is attached hereto. 14 ❑ (By Overnight Service) I served a true and correct copy by overnight delivery service for 15 delivery on the next business day. Each copy was enclosed in an envelope or package 16 designated by the express service carrier; deposited in a facility regularly maintained by the express service carrier or delivered to a courier or driver authorized to receive 17 documents on its behalf; with delivery fees paid or provided for; addressed as shown on the accompanying service list. 18 ❑ (By Electronic Service) By emailing true and correct copies to the persons at the 19 electronic notification address(es) shown on the accompanying service list. The document(s) was/were served electronically and the transmission was reported as 20 complete and without error. 21 Executed on August 4, 2011. 22 ® (STATE) I declare under penalty of perjury under the laws of the State of California that 23 the foregoing is true and correct. 24 25 Nancy Nept ne 26 27 28 311543 1.DOC i PROOF OF SERVICE 1 SERVICE LIST (A53) 2 Hugh R. Coffin For 7-Eleven Inc. 3 Singer&Coffin 30 Corporate Park, Ste. 300 Tel: 949.963.1224 4 Irvine,CA 92606 Fax: 949.863.1179 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 z PROOF OF SERVICE EXHIBIT 665" PARCEL NO. B-24 (FINAL ORDER) [SEE ATTACHED] Recorded In Official Records,County of San Bernardino 310112012 PLEASE COMPLETE THIS INFORMATION. DENNIS D RAEG ER 11:18 AM ncouraunw NC ASSESSOR — RECORDER — CLERK it r RECORDING REQUESTED BY: %%` P Counter San Bernardino Associated Governments,a Joint Powers Authority,acting as the San Bernardino Doc#: 2012—0080414 Titles: 1 Pages: 14 County Transportation Commission AND WHEN RECORDED MAIL TO: Fees e.e6 Rick E.Ray] NossmanLLP Other 0.00 18101 Von Karman Avenue,Suite 1800 PAID $0.013 Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9195 Rec.Form#R25 American u Inc. www.USCortFo hForm s.com I NOSSAMAN LLP RICK E. RAYL(SBN 174257) 2 rrayl @nossaman.com 3 BRADFORD B. KUHN (SBN 245866) F I L E D bkuhn @nossaman.com SUPPRIOR CQUAT OF CA.IFORNIA Special Counsel SAN BEFINARDINO CM11- RDINO 4 DivisioN 18101 Von Karman Avenue, Suite 1800 FEB 2 2 2012 5 Irvine, CA 92612 Telephone: (949) 833-7800 , e 6 Facsimile: (949) 833-7878 BV Deputy 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1104967 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DONNA GUNNELL GARZA, DEPT. S38 17 Plaintiff, [ ] FINAL ORDER OF 18 vs. CONDEMNATION 19 DEBORAH G. WEBB, an individual; ALFRED FRANK DIONNE,JR., an individual; [Parcel No. B-24] 20 ROY LAVOY WEBB, an individual; 21 DALE FALTER, an individual; JOAN C. FALTER, an individual; 22 MANCHA DEVELOPMENT COMPANY, a Action Filed: April 15,2011 California corporation, dba BURGER KING; 23 PACIFIC WESTERN BANK, a California [EXEMPT FROM FILING FEES - GOV. 24 corporation, AS SUCCESSOR BY MERGER TO CODE, § 6103] MARATHON NATIONAL BANK,N.A., a 25 National Banking Association; DOES 1 Through 100, Inclusive; and 26 ALL PERSONS UNKNOWN CLAIMING ANY TITLE OR INTEREST IN OR TO THE 7 PROPERTY DESCRIBED HEREIN, Defendants. 316756_I.DOC FINAL ORDER OF CONDEMNATION 4V i 1 Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission("SANBAG") having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to a Final Judgment in Condemnation and SANBAG and defendants having 4 waived a Statement of Decision,judgment having been entered, and payment having been made in full, 5 no other party or person having or claiming to have an interest in the property being acquired or the 6 compensation to be paid for the property, and good case appearing: 7 NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 8 1. The Property described in the attached Exhibit "A," described as Assessor's Parcel 9 Number 0145-031-27, located 487 W. Highland Ave., San Bernardino, CA, and more particularly 10 described as SANBAG Parcel Number B-24, consisting of a permanent easement of approximately 753 11 square feet, along with a temporary construction easement of approximately 1,570 square feet, as 12 described in SANBAG's complaint on file in this matter ("Subject Property"), is hereby condemned to 13 SANBAG for the purposes of constructing,maintaining, and operating the sbX E-Street Corridor Bus 14 Rapid Transit Project("Project"), for the purpose of all necessary and convenient activities associated 15 with the construction of the Project and for public purposes. The temporary construction easement shall 16 commence seven(7) days from the date upon which SANBAG or its authorized representative provides 17 the applicable defendant with written notice of its intent to commence construction utilizing the 18 temporary construction easement and shall terminate on the earliest of(a)the date upon which 19 SANBAG notifies the applicable defendant that it no longer needs the temporary construction easement, 20 (b) six (6)months from the commencement date of the temporary construction easement, or(c) 21 December 31, 2013. 22 2. The Parties agree to the following special provisions: 23 (a) Reasonable driveway and pedestrian access to Defendants' remaining property 24 will be maintained during business hours during construction activities. 25 (b) Defendant Mancha Development Company reserve the right to file a construction 26 damage claim against SANBAG's Contractor within thirty(30) days of the completion of construction 27 on Defendants' property for any damages that may result from the negligence of SANBAG's contractor. 28 FINAL ORDER OF CONDEMNATION 1 SANBAG shall provide the full legal name and contact information of the Construction Contractor prior 2 to the start of construction on the Subject Property. 3 (c) If, due to the construction of the Project,Defendant Mancha Development 4 Company is required to relocate its sign, Defendant has the option of receiving compensation for the 5 relocation through a Relocation Benefits claim outside of Court. 6 (d) Defendant Mancha Development Company will be notified in writing seven(7) 7 days prior to the commencement of the construction activities on the Subject Property. 8 3. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 9 public purposes under Article I, Section 19, of the California Constitution, California Public Utilities Code 10 section 1 30220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 11 for which SANBAG seeks to condemn'the Subject Property in connection with the Project is authorized 12 by law and is a public use; the public interest, safety, and necessity require the Project; the Project is 13 planned and located in the manner that will be most compatible with the greatest public good and the 14 least private injury; and the Subject Property is necessary for the Project. 15 4. Just compensation has been paid to defendants, and such sum was accepted by defendants 16 as full payment of just compensation for the acquisition of the Subject Property and the construction of 17 the Project in the manner proposed, including,but not limited to, severance damages, loss of goodwill, 18 loss of or damage to improvements pertaining to the realty, fixtures,equipment, and/or inventory, 19 precondemnation damages, claims for attorneys' fees, litigation expenses, statutory costs,interest, 20 relocation benefits and/or costs, and any and all other kinds of compensation, damage, or other claims 21 arising out of or relating to the taking of the Subject Property or construction of the Project. 22 5. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 23 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 24 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 25 shall be cancelled. 26 rye' 27 DATED: 28 JUDGE F THE ERIOR COURT 2 FINAL ORDER OF CONDEMNATION i EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"1" The land referred to herein is situated in the State of California, County of San Bernardino, City of San Bernardino,and described as follows: PARCEL NO. 1: THAT PORTION OF LOT 8, BLOCK 38, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE EAST 99 FEET; TEHNCE SOUTH 90 FEET; THENCE WEST 99 FEET; TEHNCE NORTH 90 FEET TO THE POINT OF BEGINNING. PARCEL NO.2: THAT PORTION OF LOT 8, BLOCK 38, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGES 2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF SAID LOT 8,90 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE EAST 99 FEET; THENCE NORTH AT RIGHT ANGLES AND PARALLEL TO `B" STREET, 90 FEET TO THE NORTH LINE OF SAID LOT 8,OR HIGHLAND AVENUE; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 8,48.85 FEET; THENCE SOUTH AT RIGHT ANGLES 150 FEET TO AN ALLEY; THENCE WEST 147.85 FEET;MORE OR LESS,TO`B"STREET; THENCE 60 FEET TO THE POINT OF BEGINNING. B24-145-03127-Attachment 1_doe LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT PARSONS 3"C0 E.(=uasti,:ad.Suit_200.Ontariu,Cry S 1761 •1chu'rhone:$09-2 iH-36M,•Fax 900-21, e .n .c: :n EXHIBIT A RIGHT OF WAY AP 0145-031-27 THAT PORTION OF LOT 8, BLOCK 38,NINE ACRE SURVEY OF RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7, PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF HIGHLAND AVENUE(41.25 FEET HALF- WIDTH)AND"E'STREET(41.25 HALF-WIDTH),THENCE ALONG THE CENTERLINE OF SAID"E"STREET, S.00"22'23"E.,A DISTANCE OF191.45 FEET;THENCE N.89°37'37"E.,A DISTANCE OF 41.25 FEET TO THE EAST RIGHT OF WAY LINE OF SAID"E"STREET AND THE TRUE POINT OF BEGINNING_THENCE ALONG THE EAST RIGHT OF WAY LINE OF SAID`E"STREET,N. 00'22.'23"W.129.92 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 46°30'09";THENCE NORTHEASTERLY ALONG THE ARC A DISTANCE OF 16.23 FEET;THENCE S,00°2223"E.,A DISTANCE OF 106.25 FEET;THENCE S.54°25'31"W.,A DISTANCE OF 2.85 FEET;THENCE S.00°22'23"E.,A DISTANCE OF 26.00 FEET;THENCE S.54°25'31"W.,A DISTANCE OF 4.27 FEET;THENCE S.00°22'23"E.,A DISTANCE OF 8.08 FEET;THENCE S.89°53'20"W.,A DISTANCE OF 0.41 FEET TO THE POINT OF BEGINNING. CONTAINING 753 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 10TH DAY OF AUGUST,2010 QPOfEssj . O9 ���,,pow a SS Al G l y ti �w � No. mm 25 ROBERT EDWARD SMFFENS,PE 25068 REGISTRATION EXPIRES 12131/11 . 1 APN 0145-031-27 ROW Page 1 in N P.O.C. HIGHLAND AVENUE N43°52'14"W N w RAD) Q M � N Q. N — — — — N `— 2 o O.� O to 41 .25' 41 .25' W PORTION LOT 0 BLOCK 30 3 GiANCHO BAN B ERNARDINO BEARING & DISTANCE DATA No. BEARING DISTANCE (FT) $ 1 SWIZ'23"E _ 129.92 ro Q NQ9°22'23"w 106.25 N54°25',31"E 2,85 0 Q p E'V 26.00 5 © "E 4:27 9 p7 "W 8.08 6 Q8. "E 0.41 E 41.25 T.P.0.B. g 7 CURVE DATA No.��� L 16.23 0 m °i P PARSONS E X H I B I T `� B �, a B-24 0 3200 EAST 6UASTJ ROAD, SUITE 200 4O[ OG/23/2010 n ONTARIO, CALIFORNIA 91761 APH 145-031-27 SCtlF 1"=40` o Pl9GHT OF I AY t of t a LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT PARSONS 3'Cu E.G::.S`i R;;as.SAP!'100.Onrta c,CA 01'7C1 Tele;it^,t� ? 1' :i 3(l.. Fay 9119-2113-N,05 - .. vv.:.•.psrsr.:tc.:.c.n EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0145-031-27 THAT PORTION OF LOT 8, BLOCK 38, NINE ACRE SURVEY OF RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7, PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF HIGHLAND AVENUE(41.25 FEET HALF- WIDTH)AND"E"STREET(41.25 HALF-WIDTH),THENCE ALONG THE CENTERLINE OF SAID"E"STREET, S.00°22'23"E.,A DISTANCE OF191.45 FEET;THENCE N.89°37'37"E.,A DISTANCE OF 41.25 FEET TO THE EAST RIGHT OF WAY LINE OF SAID"E"STREET;THENCE NORTH 89'53'20"EAST 0.41 FEET TO THE TRUE POINT OF BEGINNING;THENCE N.00°22'23"W.,A DISTANCE OF 8.08 FEET;THENCE N.54°25'31"E.,A = DISTANCE OF 4.27 FEET;THENCE N.00°22'23''W.,A DISTANCE OF 26.00 FEET;THENCE N.54°25'31"E.,A DISTANCE OF 2.85 FEET;THENCE N.00°2223"W.,A DISTANCE OF 106.28 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES S.43°52'14"E.,A RADIAL DISTANCE OF 20.00 FEET;THENCE NORTHEASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 39°00'28",A DISTANCE OF 13.62 FEET;THENCE S.00°22'23"E.,A DISTANCE OF 109.19 FEET;THENCE S.54°25'31"W.,A DISTANCE OF 11.66 FEET;THENCE S.00°22'23"E.,A DISTANCE OF 33.99 FEET;THENCE S.89°53'20"W.,A DISTANCE OF 8.49 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,570 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. QgpfESSi DATED THIS 10TH DAY OF AUGUST,20100"O`�WpR�sa���y O m • � d 25 8 y ROBERT EDWARD ST ENS,RE 25068 REGISTRATION EXPIRES 12131/11 A APN OI45 A31 27 TCE Page 1 N P.O.C. 4 HIGHLAND AVENUE N04°51 '46"W RAD) w N43°52'14"W 2 d K, RAD o � 7 � 41 .25' `n 41.25'. I 1 . 1 \ / 1 ui 1 3 T.P.O.B. o DETAIL ,. N.T.S. ul a. c Q� BEARING & OZSTANCE DATA I �� No.. KARiNO OSSTANCE (FT) 22' 11 S00° 23"E 06.25 c a L. Q°��� Q .N5:4'.:?5'3i°E 11,66 W 4 d 05 . N00°22'0 33:99 r 6 N89"53'20°E 8:±19 N 8 (7 SOD*22'23"E 8:08 0 5 p s5a°25'31"W 4.21 I ® .500.°22'23"E 264 a I — — S54°25'31"1F 2:65 a 6 N89 53`20"E 0:4.1 1 SEE DETAIL ® N83°37.'37"E 91.25 T.P.O.B. CURVE DATA o I No. R 1 2Q 20.00 39°00'28" 13.62 0 Q PARSONS E X H 113(T B °°� osiz�rzolo A 3200 EAST GUA9TI ROAD, SUITE 200 APN 145-031-27 ONTARIO,CALIFORNIA 91761 TEMPORARY LOK"1 RIIC 1 ION EASEMENT 'ii�K' i Of 1 ° a EXHIBIT 466" PARCEL NO. B-25 (EASEMENT DEED) [SEE ATTACHED] 1 Electronically Recorded in Official Records,County of San Bernardino 811112013 DENNIS DRAEGER 06:0 OAM RECORDING REQUESTED BY: ASSESSOR-RECORDER-CLERK Stewart Title of California,Inc. 683 Stewart Title Co,-Glendale Attn: Grace Kim 2010 Main Street,Suite 250 Doc#: 201 1-03381 74 Titles: 9 Pages: 5 Escrow and Order No. 3 S- (,7i'b 1] Fees .00 Taxes .00 MaH Tax Statements to N-- I�I II I I I II II I II I I(I IIII 1 111 Other 00 WHEN RECORDED MAIL TO: -.-00 - SAN BERNARDINO ASSOCIATED GOVT PAID 00 sbX Project Office 1170 W. 3rd Street,2nd Floor San Bernardino,California 92410-1715 Portions APN(s): 0140-042.34 EXEMPT FROM RECORDING FEES PER GOVT.CODE§27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV.&TAX CODE§11922 r '' EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Emil J. Rust, Trustee of the Emil J. Rust Trust, under declaration of trust dated March 23, 1993 and his successor trustee and Wallace F. Rust and Janet L. Rust, husband and wife ("Grantor") do hereby GRANT and CONVEY to San Bernardino Associated Governments acting as the San Bernardino County Transportation Commission ("Grantee"),and its successors and assigns, an easement for public street purposes over and across, that certain portion of real property located in the County of San Bernardino, State of California, more particularly described in the legal description attached hereto. SEE LEGAL DESCRIPTION SET FORTH IN EXHIBIT"A"AND MAP OF REAL PROPERTY SET FORTH IN EXHIBIT 44B75, both of which Attachments are incorporated by this reference. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below. Dated: Z�/o$ �! GRANTOR: ace F.Rust Ja L. Rust Emil J.Rust Trust,Under Declaration of Trust Dated March 23, 1993 Emil ust Trustee Mail Tax Statement as Directed AbavEz Description: San Bernardino,CA Document-Year.DoclD 2011.338174 Page: 1 of 5 Order: 359636 Comment: NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) )Ss. COUNTY OF GA,4 jjqA . ) ki On , 2011 before me, Q notary public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)jdare subscribed to the within instrument and acknowledged to me thatladoe/they executed the same in �.rs' /bier/their authorized capacity(ies), and that by */her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. coma.#1791792 WITNESS my hand and official seal. Noa►yAWft_Ca r0MjQ y Los,wonks CMM .. ►ay Comm.Exp.FEg Z3,2o1P Sign ure of Notary Public Description: San Bernardino,CA Document-Year.DoclD 2011.338174 Page; 2 of 5 Order: 359636 Comment: PARSONS x%0.1 E.Guasti Road,S0e 200.Onlado,CA 01761 •Telc�fion ;PO�J-218.3GJJ.Pax 30J-21fi-3GC5• gww,parsons.corn EXHIBIT A RIGHT OF WAY AP 0140-042-34 THAT PORTION OF LOT 4,BLOCK 74,NINE ACRE SURVEY OF RANCHO SAN BERNARDINO,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7, PAGE 2 OP MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,ALSO BEING SHOWN ON LOT LINE ADJUSTMENT NO.96-03,RECORDED APRIL 10, 1997 AS DOCUMENT NO. 19970125766 OF OFFICIAL RECORDS,IN THE OFFICE OF SAID COUNTY RECORDER,DESCRIBED AS FOLLOWS. BEGINNING AT THE'NORTHEAST CORNER OF SAID LOT 4;THENCE ALONG THE EAST LINE OF LOT 4,ALSO BEING THE WEST RIGHT OF WAY LINE OF"E"STREET(82.50 FEET WIDE),S.00°29'44"E.,A DISTANCE OF 119.56 FEET;THENCE N.45"2944"W.,A DISTANCE OF 2.46 FEET;THENCE N.00029'44"W.,A DISTANCE OF 103.27 FEET;THENCE S.89'30'16"W.,A DISTANCE OF 0.50 FEE T;THENCE N.00°2944"W.,A DISTANCE OF 10.66 FEET;THENCE N.41°14'62"W.,A DISTANCE OF 5.16 FEET;THENCE N.89 648'20"E„A DISTANCE OF 6.62 FEET TO THE POINT OF BEGINNING. CONTAINING 222 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF, DATED THIS 2ND DAY OF JULY,2010 QROFESS! oW AR S c c7 4j(A rn co RO EFT EDWARD STE FFENS E 50 REGISTRATION EXPIRES 1213 /11 s�qr C10 S�f CAOI APN 0140-042-34 ROW �"�'�•�� Page 1 Description: San Bernardino,CA Document-Year.DoclD 2011.338174 Page: 3 of 5 Order: 359636 comment: �n N V BASELINE STREET N 7 P.O.B. LOT LINE ADJUSTMENT NO, 96-03 6 DOC. #1997-0.125766 O.R. 5 � 1 REC, 04/10/1997 0 4 POHTT 00 LOT 4 SEE DETAIL OLOCK �4 NINE ACRE WRY OF RINCHO CAN o ERVARWHO 1 0. M.P. BEARING & DISTAKE DATA °75' h- E Q No. BEARING DISTANCE (FT) V.1 1 N00°29'4.4'* 119.56 ir 2 545°29'44"E 2.48 $ Q3 S00°29'44"E 103.27 4 N69.30'16"E 0.50 e x 5 S00°29'44"E 10.66 P s Nal•14'sz"rr 5.1s 2 41 .25' 41 .25` I N89°48'20"E 5.62 MOST $ LY LINE 7 DOC. #1997-0125766 0 0.R. LOU 6 5 , l 1 V 1� / N 3 ._ DETAIL N.T.S. ° EXHIBIT " B " Ear PARSONS St00 EAST LVASTI ROAD. SUITE ?00 APN 140-042-34 XARIGHT OF WAY Description: San Bernardino,CA Document-Year.DocID 2011.338174 Page: 4 of 5 Order: 359636 Comment: RECORDING REQUESTED BY Stewart Title of California,Inc. 2010 Main Street,Suite 250 Irvine,CA 92614 AND WHEN RECORDED MAIL DOCU NT AND TAX STATEMENT TO: NAME San Bernardino sociated Governments sbX Project O ce Attn:Rya raham STRUT 1170 .3 d Street,2n'Floor ADDRESS CITY,STATES n Bernardino,CA 92410-1715 ZiP CODE TITLE ORDER NO.:182270, SCROW NO.: 182274i SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated February 8, 2011 from Emil J. Rust, Trustee of the Emil J. Rust Trust, under declaration of trust dated March 23, 1993 and his successor trustee and Wallace F. Rust and Janet L. Rust, husband and wife, as their interest may appear of record (OWNERIGRANTOR) to the San Bernardino Associated Governments (SANBAG) acting as the San Bernardino County Transportation Commission (GRANTEE), by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s)on behalf of SANBAG pursuant to authority conferred by the SANBAG Board of Directors Agenda Item 22, adopted on February 2,2011, and the GRANTEE consents to recordation thereof by its duly authorized officer. Description/identification of real property: 505 West Baseline Street, San Bernardino,CA 92410 Dated: G 11 By: Deborah Robinson Barmack, Executive Director STATE OF CALIFORNIA COUNTY OF SAN BIERNARDINO 1 On o( I 1 (0 2 11 before me, r\,n 1)47rij plxt I (Date)' tt (Name n ffs d title of the o er) personally appeared �- 0 t_cLl� �o L%h So A ek r YVt,&c_� who proved to me on the basis of (Name of person signing) satisfactory evidence to be the person whose name{ is/ata-.subscribed to the within instrument and acknowledged to me that ke/sheltboy executed the same In hisZI/thsiir authorized capacity(jae) and that by 4islher/their signatureW on the instrument the person*,or the entity upon behalf of which the person(s)acted,executed{he instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, a-c- � )_- - - - — - -*a- - Signature of officer MRA rLICIAMI{ Com ellon ►1835388 (Seal) m Notary Public•California San Bernardino County M�r=ammo E M 2013~ Description: San Bernardino,CA Document-Year.DoclD 2011.338179 Page: 5 of 5 Order: 359636 Comment: EXHIBIT "7" PARCEL NO. B-84 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records, County of San Bernardino 9/20/2011 RECORDING REQUESTED BY } DENNIS DRAEGER 3:03 PM �°HrYY ALS 13, <<v 411 ASSESSOR — RECORDER — CLERK AND WHEN RECORDED MAIL DOCUMENT TO: P Counter NAME (� lc'( voii Doc#: 2011 -0395301 Titles: 1 Pages: 14 STREET (' V "�t'I �/ Fees 0,00 ADDRESS Taxes 0.00 CITY,STATER L2 VINE �2- 6�Z Other 0.00 ZIP c0DE PAID $0.00 (-wI �w. c'),X SPACE ABOVE FOR RECORDER'S USE ONLY O/ Title of Document TH W-7 F FRY _4i'. i f THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) I NOSSAMAN LLP RICK E. RAYL (SBN 174257) 2 rrayl @nossaman.com SUPEFILE D BRADFORD B. KUHN(SBN 245866) IORC D bkuhn @nossaman.com COUNTY OF SAN BERNARDINO Special Counsel SAN BERNARDINO 618TRICT 4 18101 Von Karman Avenue, Suite 1800 SEP — g 2 5 Irvine, CA 92612 Telephone: (949) 833-7800 6 Facsimile: (949) 833-7878 By Deputy 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1104960 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DONNA GUNNELL GARZA, DEPT. S38 17 Plaintiff, 18 VS. [PROPO&ED] FINAL ORDER OF CONDEMNATION 19 JO ANNE KETTLER, TRUSTEE OF THE JO [Parcel No. B-84] ANNE KETTLER REVOCABLE LIVING 20 TRUST DATED JUNE 2,2000; et al. 21 Defendants. Action Filed: April 15, 2011 22 [EXEMPT FROM FILING FEES- GOV. 23 CODE, § 61031 24 25 26 27 28 ciz 0 311646 1.DOC FINAL ORDER OF CONDEMNATION I Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission ("SANBAG"),having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to a Final Judgment in Condemnation,and SANBAG and defendants 4 having waived a Statement of Decision,judgment having been entered, and payment having been made 5 in full,no other party or person having or claiming to have an interest in the property being acquired or 6 the compensation to be paid for the property,and good cause appearing: 7 NOW, THEREFORE,IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit"A,"described as Assessor's Parcel 9 Number 14021101, located at 885 N. E Street, San Bernardino, California, and more particularly 10 described as SANBAG Parcel Number B-84, consisting of a permanent easement of approximately 4 11 square feet, along with a temporary construction easement of approximately 159 square feet,as 12 described in SANBAG's complaint on file in this matter("Subject Property"), is hereby condemned to 13 SANBAG for the purposes of constructing,maintaining and operating the sbX E-Street Corridor Bus 14 Rapid Transit Project("Project"), for the purpose of all necessary and convenient activities associated 15 with the construction of the Project and for public purposes. The temporary construction easement shall 16 commence seven (7) days from the date upon which SANBAG or its authorized representative provides 17 the applicable defendant with written notice of its intent to commence construction utilizing the 18 temporary construction easement and shall terminate on the earliest of(a)the date upon which 19 SANBAG notifies the applicable defendant that it no longer needs the temporary construction easement, 20 (b) six(6)months from the commencement date of the temporary construction easement, or 21 (c)December 31, 2013. 22 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 23 public purposes under Article I, Section 19, of the California Constitution,California Public Utilities Code 24 section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 25 for which SANBAG seeks to condemn the Property,to wit, in connection with the Project and for public 26 transit improvements, is and was authorized by law and is and was a public use; the public interest, 27 safety, and necessity require the Project; the Project is and was planned and located in the manner that 28 311646_1.DOC 1 FINAL ORDER OF CONDEMNATION I will be most compatible with the greatest public good and the least private injury; and the Property is 2 necessary for the Project. 3 3. Just compensation has been paid to Jo Anne Kettler,Trustee of the Jo Anne Kettler 4 Revocable Living Trust Dated June 2, 2000 and Rene Vicuna, an individual (collectively, 5 "Defendants"), and such sum was accepted by Defendants, as full payment of just compensation for all 6 claims of any nature,including without limitation all claims for severance damages,relocation assistance, 7 business goodwill,real and personal property,fixtures,equipment,damages,compensation,fees,costs,and 8 litigation expenses,other expenses, interest,and any and all other claims which have been or could have 9 been raised in the lawsuit. 10 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 11 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 12 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 13 shall be cancelled. 14 15 Dated: 16 JUDG OF T SUPERIOR COURT 17 DONNA UNNEL4 GARD, 18 19 20 21 22 23 24 25 26 27 28 2 FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT "1" All that certain real property situated in the County of San Bernardino, State of California, described as follows: That portion of Lot 5, Block 61, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 7 of Maps, Page 1 Official Records, in the Office of the County Recorder of said County, described as follows: Beginning at the Northwest corner of said Lot 5; Thence South along the East line of"E" Street 120 feet; Thence East 125 feet; Thence North 120 feet to the South line of 9th Street; Thence West to the point of beginning. B94-0140-20-01 LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT i t 3200 E.G:avi Rand.So.it-3 f00,britare:.CA Eli7.c Y .Taiephor, ;s0'a-24$-2irjo•FgY UF2u?i 3v S• pr c:,.Ha� s.eczi EXHIBIT A i M6HTOFUVAY r AR 01.40-211-01. THAT RORTiQN.OF G:f3T 5;SI OEIC 6-'i'05' IT`(OF S/tiIJ.E3ERNAF2DlN4;ltd THE CITY OF'S A BERNARD. 7, G.PVNTY OFSAN BERNARDINyQ.STATE OF CALIF60IiIFA;.AS. EFt INAI?FtEEORDE[7.1N BOOK 7,PAQE I OF MAPS,14:THE OFFICE Q.F'THI QpUNTY`REGORbEit:OF BAID`C�UN7'l,ALSO BEING DESCRi EOiN.THE GRA EGORDE 2`O.CTQBER 1;.8;197$,1N BpQiC:9542,Pa'GE 336 QFFicIitiL RECOF2E S,IN THE OFFICE CdF SAID OOUNTY REC6k"ER:DESORIBWA F LLOWS` 13 OIN fIVG AT THE NO.jF(TfVE&T CORNER O5:$Aj0.LOT`;„ALSO BEING a,PQIff':ON THE.EAST MG4ff'O.F IlftA LI1uE OF"E'S E L=T($2: Q. E15T WIDE);THENCE ALOf�C�•r.THE NORTH.LINE-OF SAID LOT N:89°3?.37 ' A DIST?NCE O.r 2•�9 FEET;THEI.g0E S;50.541%7"W'.,A.DItiST°,gNCE`OF 3:84 FEET;THENCE[V:04°74'55"4N,.,A T DISTANCi±:CN'-2:40 FEE,TT;Td THE POINT OF B1=GINNING; E'ONTAINING 4 SQUARE FEET-,MORE OR,LESS. ALL AS M,0­RE.PARTICULARLY'SH+ -N.ON.FXHIBTT B ATTACHED•HERET:O AND.MADE A PART HEREOF. DATED•TNIS 22ND DAX;OF.dUNE,2O..10 FrO,B RtT EDWARD 5: s E 25 5'8 0a . REOISTRATIQTV EXPIT ES 1 /33!1'1 :'ti, i} � •�. fir?" GI)jl�...• =�P• 4A. Mi Qi46tiDd'ROW Page 1 9TH STREET Lo 3� ' .2 P®R, LOT a; _0% 0-1 CITY( F oC SAM: REMANDIN in 9.542l33C .0.'P _ ft��.�10�11�•9/1 X7:8 :S'LY LINE OF '9154.2jf-336; Q.R. b t b 4-125' PAR. WT go- N Q 6� s� SEAMUG.&.QIS.Ttt OA-IA No', �FA87NG dLTTAMt E Irm $ sD.i75t�1s•54'rIZ"E 3,84 a P • a m _ s PS os �raoi a o`a�Alfosc Lt dst s1 61iTf.2en APH ?u!r �. �, f I!54-2?I-Q1 RLOHT lDf: WA-'Y LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT i i PARSONS i { U00 E.&ZSti fco�3,BuRe 200.C4?tario.CA 93181 -:t1 crti. S , -sfi, •Fix. -25x0, vN.w,pa._,-ns:ca,n fi fi EXHIBIT A TEMPORARY-CQNSTRUCI'ION EASEMENT AP701.40-211-01 R 'THOSE PORTIONS 0F`LOT,5': BLOCK 61 OF`'df f-Y 0 SAN BERNARDINO�I N THE C1TY.OF SAN OERNARDINO, "COUNTY—OF.SAXIM—RNARDI G,;3TATE&60FOR IA;Ak 'P R MAP R,Ei EO ED IN'R30QK .PAGE:14F MAiPS,119TFiE-.QFFI_BE,OF THE COUMTY RECOMER OF'-,SP-;JD CO.Ui4TYALSO BEING QESGRJBEUIN THE GFjAI Pf DEEQ l ORDEi >QCTORER 1.9, f978.-IN ROOK 9542;PA-OE 336.OFFI'-1 li RECORDS;IN' .HE OFFIGI OF SAjI7EC3t:KT-Y;J�€Gb DER DES RiBED as F011OW:S:. 1 f PARCEL-A J GOtvlIVIENCtlVG A7 THE IVOF7T}(WEB7:CQI�PIER-OF SRID:.LOT 5,ALSO BEI.Nq A PAINT.. TF1E,EAST RIOI{t fi OF tNfGYUNE.OF'�E"5TH EEI 4:82 50;1 1yEfi V1-I&) TR-iENCE ALONG TH.E WEST UNE OF SAID LOT 1 S D© ,?4'55"E.,:A.C3ISTAR�[CE OF 2.40 FEEL TO''fFiE TRl1E POINT OF BEGINNING THE�IGE N 5Q°;54'17'E„/k DISTANCE QF3:8�3;FEET;7 iEi OE N$9°32 T•"E,,.A DISTANQ='OF 8:01 FEET;THEFtCE.S.5q°•54''17"W.�A j Dt$Tfkl�Cl�OF 14,OJ t=EET TO POINT°A';.THEN�E N.00°•24'5VW.,A W&TANCE.OF fi:4.1 FEEL TO THE}TRUE I P©INT.OF 9EGIMNING. CSINTAJNJNG>45 SQVARE FEET,MORE:OR,LESS. r .PARCEL.t3, QOltii.MENGlNG`AT�AIJ7 POINT'A";; TM1=11�CE'SOUT•,H 0.'4'24:55'E�AS"f'•:49,.A.1'FEE`.T"ii"J TF1E'TRUB��OIIVT OF J3E�INNING.TF.E1VC�5.`.x.,-°12'.4�°E;,A:D.iS,T1Rf`1.GE P.t=.fi.1.2 FEET;7MEJ`ICE•�0'0°�4'S5•E:,.A[[1fS`i'ACIGE.OF'19.�2 FEET;TF{ENCI�•5.54°2�2'S9"VII„-A 41SJ'At`.lC€'OF 8.:1.2;FE1T„"THENCE N.QQ 24'S5'W.;.A Dt6Tl1N.CEOF.26:37 FEET`TO'l'HE'i'RUE RO!['9T OE 1�EO1N>;FIfJ�-: Q.oNTAlNlNG-1 T4 SC.1',UARE FEET,MORE OR.LESS.. MAS MORP RARTOIL71�$}R01(.f(OO,N EJ(IL8t'T RATTACHEt3 HalETS3 AN.DdUA OE A PART HEREOF. DATEUTHI61:5.M fififf OFJUM 2010: . gaff, ROBERT E-DW—AH0-=. S,PE2v06$ iL . ROMTRATfUN F.XPIF.?E'9 12!3'if11 a>"•C�i . , - �e'i 3 N v' SEE DETAIL— 9TH 'VRRET • P.O:C: PAR.-GEL A. •- f PARCEL A RARCEL .A OWAT "'A" LET g BL OCK 61 Tr- .ARC.EL 8 7 9542/336 O:.R: w REG.: 10/1.0/1F8 � • PARCEL B- . 9- S'V- LINE: OF -954-9l3-5.-. •D. O G ti N 8EAkIKG!& 41 GE:DATA. �: e�keir�c. btsrnt�c� tx�l' � 1: .550'S4'17"91. 3GB9 �- � 3- .589°321"SY . 8.01 - 1 4 N50`�4`1'7 E: 1.4.08 F�IRCEL A KTA'Il �0 165" 26:3? A"" o. Q' -N55a12749R9f BjY_ k?.:���j N00`Z4=55`'B 19.3' N54'2r5°V 'fi.12 w F. s IA 11 PA MI . O S: E.X H.101 TD 3ZQA E#S� 4VAST1 AOWi;YIT£2Qq. AFB 1!li�'Z1F'�11 .AM* -CALIFOQSip{'ijt761 TEMFORARY ON f O TI`4H_. EA�$E l T 9 st I Q EXHIBIT "8" PARCEL NO. B-97 (EASEMENT DEED) [SEE ATTACHED] RECORDING REQUESTED BY: Lawyers Title Insurance Company 275 W. Hospitality Lane, Ste. 200 San Bernardino,CA 42408 ROCQOrdry�f 8�rnBe► ,Records' Escrow and Order No. 1 1653884 - 10 DOCK: 2011-0413778 10/03/2017 8:00 0o A & M WHEN RECORDED MAIL TO: SAN BERNARDINO ASSOCIATED GOVERNMENTS sbX Project Office 1170 W. 3`d Street,2a°Floor San Bernardino, California 92410-1715 Podiau APN(s.):0134-023-57 EXEMPT FROM RECORDING FEES PER GOVT.CODE;§27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV_&TAX CODE§11972 EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Lois C.Hardin,Kenneth J.Hardin and David A. Hardin,as Co-Trustees of the Hardin Family Limited Trust ("Grantor") does hereby GRANT and CONVEY to San Bernardino Associated Governments acting as the San Bernardino County Transportation Commission ("Grantee"), and its successors and assigns, an easement for public street purposes over and across, that certain portion of real property located in the County of San Bernardino, State of California,more particularly described in the legal description attached hereto. SEE LEGAL DESCRIPTION SET FORTH IN EXHIBIT"A"AND MAP OF REAL PROPERTY SET FORTH IN EXHIBIT"B", both of which Attachments are incorporated by this reference. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below. 1 Dated: Y - Z-00 GRANTOR: Lois C.Hardin,Kenneth J.Hardin and David A. Hardin,as Co-Trustees of the Hardin Family Limited Trust Lois . Harding,Co-Trustee —' enneth J.Ha&Co-Trustee David A. Hardin,Co-Trustee RECORDING REQUESTED BY: Lawyers Title Insurance Company 275 W. Hospitality Lane, Ste. 200 San Bdrnardino, CA 92408 Escrow and Order No. 11653884- 10 WHENRECORDED MAIL'TO: SAN BERNARDINO ASSOCIATED GOVERNMENTS SIX Project Office 1170 W: 3`d Street,2nd Floor San Bernardino,California 92410-1715 Portions APN(s.):0134-023-57 EXEMPT FROM RECORDING FEES PER GOW. -CODE 127383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV.&TAX CODE 1)1922 EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Lois C. Hardin,Kenneth J. Hardin and David A. Hardin,as Co-Trustees of the Hardin Family Limited Trust ("Grantor") does hereby GRANT and CONVEY to San Bernardino Associated Governments acting as the San Bernardino County Transportation Commission ("Grantee"), and its successors and assigns, an easement for public street purposes over and across, that certain portion of real property located in the County-of San Bernardino, State.of California,more particularly described in the legal description attached hereto. SEE L-EGAL-DESCRIPTION SET FORTH IN EXHIBIT-"A"AND MAP OF REAL PROPERTY SET FORTH IN EXHIBIT"B", both of which Attachments are incorporated by this reference. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below. ` Dated: e` l GRANTOR: Lois C. Hardin, Kenneth J. Hardin and David A. Hardin,as Co-Trustees of the Hardin Family Limited Trust Lois C.Hardin,Co-Trustee Kenneth 1. ardin,C -Trustee avid A. Hardin,Co-Trustee NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) I STATE OF CALIFORNIA ) )ss. COUNTY OF On `�-/� , 2011 before me, 0 KEA ,notary public, personally appeared 1- 01s C'•�i¢.P1�/irJ �,vo KEn/NETH�-�A,�Ai.�/ _ _, who paved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. K. BROOKER 7 Isco, COMM.#f 1861126 nn OTARY PUBLIC-CALIFORNIAL NEVADA COUNTY ���ttL111111 NL.EXPIRES OCTv�6 2�p- fiature of Notary Public I 1 rA NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) )ss. COUNTY OF � ) On 2011 before me, ��"t , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the persoU(Wwhose nam4( subscribed to the within instrument and acknowledged to me tha 'i owtlwr executed the same, in r/tl i *_authorized capacitySieO, and that by tl,*f signaturpKon the instrument the person(rs}!or the entity upon behalf of which the pens s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corrept. WITNESS my hand and official seal. WRENELL SLER 2410 X TY tIIA�12 2014 Si tore of Notary Public i;c�ORDIN•:d P,cpl,�5�,=: E . Lawyers Title Insurance Company AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO. wuAE San Bernardino Associated Governments sbX Project Office Attn:Ryan Graham STREET 1170 W.3"'Street,2nd Floor ADDRESS erry,STATE& San Bemardino,CA 92410-1715 LP CODE TITLE ORDER NO.:11653864-10 ESCROW NO. 11653884-10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated June 6, 2011, from Lois C. Hardin, Kenneth J. Hardin and David A. Hardin, as Co-Trustees of the Hardin Family Trust (OWNER/GRANTOR) to the San Bernardino Associated Governments (SANBAG) acting as the San Bernardino County Transportation Commission (GRANTEE), by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of SANBAG pursuant to authority conferred by the SANBAG Board of Directors Agenda Item 22, adopted on February 2, 2011, and the GRANTEE consents to recordation thereof by its duly authorized officer. Description/identification of real property: 600 N. E Street, San Bernardino, CA 92401 or APN 0134-023-57 Dated: 7 �Y By: Deborah Robinson Barmack, Executive Director STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On Ag f4�t cfi 9. —Z/j before me, A L A i o / J ( ate) p (Name and title f the officer) Personally appeared 1 z i n `J who proved to me on the basis of (Nan-le ot person signinoT satisfactory evidence to be the person((�}}whose name(#) isIX&subscribed to the within instrument and acknowledged to me that 4a/sheRt4er executed the same In h1c/her/tbek authorized capacity] and that by.t>Wherft& signatureV) on the instrument the person,or the entity upon behalf of which the person(!)ailed,executed. instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of officer IIIN111 ALD1iNA (Seal) cavff mw N 1831M NoWl FW Mo-M11IMIIMI SMMff- 01 on* CoiMla Mr i PARSONS J E C'! all :a .:3W;:2:N.C.i-,ri U.w.N7C' C} .+•�Gr 'JY :i:-2605 r •nn°rx.a.>i:.r.r..;q!r. EXHIBIT A RIGHT OF WAY AP 0134-023-57 THAT PORTION OF LOT 1, BLOCK 44,OF CITY OF SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7,PAGE 1 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1;THENCE ALONG THE EAST LINE OF LOT 1,ALSO BEING THE WEST RIGHT OF WAY LINE OF*E'STREET(82.50 FEET WIDE), N.00-32-45-W. 15.18 FEET; THENCE S.44°30'42"W.21.45 FEET TO THE SOUTH LINE OF SAID LOT,ALSO BEING THE NORTH RIGHT OF WAY LINE OF 6TH STREET(82.50 FEET WIDE);THENCE ALONG SAID SOUTH LINE N.89°34'09"E. 15.18 FEET TO THE POINT OF BEGINNING. CONTAINING 115 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 16TH DAY OF SEPTEMBER,2010 Q?JpfESSIo AADStF�G' No rn d ROBERT EDWA D X60ENS,PE 25068 ! REGISTRATION EXPIRES 12/31/11 �' P CALF APN 0134.023.57 ROW Page 1 EXHIBIT "B"TO EASEMENT DEED Map of Real Property [APN(s): 0134-023-57] 41.25' 41.25' LOT I, BLOCK 44 Lu CITY OF SAN 9ERNANDINO o W.B. 7/1 NORTHERLY LINE W DOC. #94-405737 O.R. DOC. #94-405737 O.R. REC. 10/04/1994 P®R. L07 U, BLOCK 64 CCTV OF SAN UNNARDINO M.P. I/9 BEARING & DISTANCE DATA No. BEARING DISTANCE IFT) i NO0'32'45V 15.18 `o N89°34'09"E 15.18 3 $44.30'42'1/ 21.45 7FP. T N 2 O.B. o Z 6TH STREET ` N Q' a 0 N T O T 0 PARSONS EXHIBIT " B " ,� Ofi��1O 7200 EAST LUASTI ROAD, SUITE 200 APN 134-023-57 ""'• • D ONTARIO. CALIFORNIA 41761 1 �D RIGHT OF WAY �" 1011 IL EXHIBIT "9" PARCEL NO. B-114 (FINAL ORDER) [SEE ATTACHED] PLEASE COMPLETE THIS INFORMATION. Recorded In Official Records,County of San Bernandno 11/1512011 -N DENNIS DRAEGER 1 AM RECORDING REQUESTED BY: .err ASSESSOR — RECORDER — CLERK EM San Bernardino Associated Governments,a Joint Powers Authority,acting as the San Bernardino P Counter County Transportation Commission AND WHEN RECORDED MAIL TO: Doc#: 2011 -0484523 Titles: 1 Pages: 10 Rick E.Rayl Fees 0.00 Nossaman LLP Taxes 0.00 18101 Von Karman Avenue,Suite 1800 other- 0.00 Irvine,CA 92612 PAID x0.00 [EXEMPT FROM FILING FEES- GOV.CODE, § 6103] THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form#R25 American u m Inc. www.USCortFo rtFors.com 1 NOSSAMAN LLP RICK E. RAYL (SBN 174257) �;; i L e 6 2 rrayl @nossaman.com PERIOR COURT BRADFORD B. KUHN (SBN 245866) �N RDN BERNARDINO 3 bkuhn @nossaman.com r 4 Special Counsel S E P 1 2 2011 18101 Von Karman Avenue, Suite 1800 , 5 Irvine, CA 92612 BY Telephone: (949) 833-7800 eput 6 Facsimile: (949) 833-7878 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1104958 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DAVID S. COHN, DEPT. S35 17 Plaintiff, ] FINAL ORDER OF 18 vs. CONDEMNATION 19 GREGORY D. VILLANUEVA, an individual, SAN BERNARDINO COUNTY TAX [Parcel No. B-1141 20 COLLECTOR; CITY OF SAN BERNARDINO; 21 DOES I Through 100, Inclusive; and 22 ALL PERSONS UNKNOWN CLAIMING ANY Action Filed: April 15, 2011 TITLE OR INTEREST IN OR TO THE 23 PROPERTY DESCRIBED HEREIN, [EXEMPT FROM FILING FEES - GOV. 24 Defendants. CODE, § 61031 25 26 8 31 1705 1.DOC FINAL ORDER OF CONDEMNATION I 1 Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission("SANBAG")having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to a Final Judgment in Condemnation, and SANBAG and defendants 4 having waived a Statement of Decision,judgment having been entered, and payment having been made 5 in full, no other party or person having or claiming to have an interest in the property being acquired or 6 the compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE,IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit"A,"described as Assessor's Parcel 9 Number 13408118, located at 501 N. E Street, San Bernardino, California, and more particularly 10 described as SANBAG Parcel Number B-114, consisting of a permanent easement of approximately 58 11 square feet, along with a temporary construction easement of approximately 117 square feet, as 12 described in SANBAG's complaint on file in this matter("Subject Property"),is hereby condemned to 13 SANBAG for the purposes of constructing, maintaining and operating the sbX E-Street Corridor Bus 14 Rapid Transit Project ("Project"), for the purpose of all necessary and convenient activities associated 15 with the construction of the Project and for public purposes. The temporary construction easement shall 16 commence seven (7) days from the date upon which SANBAG or its authorized representative provides 17 the applicable defendant with written notice of its intent to commence construction utilizing the 18 temporary construction easement and shall terminate on the earliest of(a) the date upon which 19 SANBAG notifies the applicable defendant that it no longer needs the temporary construction easement, 20 (b) six (6)months from the commencement date of the temporary construction easement, or(c) 21 December 31, 2013. 22 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 23 public purposes under Article I, Section 19,of the California Constitution,California Public Utilities Code 24 section 130220.5,and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 25 for which SANBAG seeks to condemn the Subject Property,to wit, in connection with the Project and 26 for public transit improvements, is and was authorized by law and is and was a public use; the public 27 interest, safety, and necessity require the Project; the Project is and was planned and located in the 28 31 1705 1.DOC 1 FINAL ORDER OF CONDEMNATION i I manner that will be most compatible with the greatest public good and the least private injury; and the 2 Subject Property is necessary for the Project. 3 3. Just compensation has been paid to Gregory D. Villanueva, an individual, ("Defendant") , 4 and such sum was accepted by the Defendant, as full payment of just compensation for all claims of any 5 nature, including without limitation all claims for severance damages,relocation assistance,business 6 goodwill, real and personal property,fixtures, equipment,damages, compensation,fees,costs, and litigation 7 expenses, other expenses, interest,and any and all other claims which have been or could have been raised 8 in the lawsuit. 9 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 10 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 11 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 12 shall be cancelled. 13 14 Dated: 15 JUDGE OF HE SUPERIOR COURT 81RIAN S. WCARVILLE 16 17 18 19 20 21 22 23 24 25 26 27 28 2 FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTION & PLAT MAP FOR PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT EXHIBIT A RIGHT OF WAY AP 0134-081-18 THAT PORTION OF LOT 2 BLOCK 36 OF THE CITY OF SAN BERNARDINO.IN THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7, PAGE 1 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2;THENCE N.00`27'35"W.ALONG THE WEST LINE OF SAID LOT 2,A DISTANCE OF 12.53 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES N.64"10'20"E.,A RADIAL DISTANCE OF 28.50 FEET;THENCE SOUTHEASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 34°58'16",A DISTANCE OF 17.40 FEET TO THE SOUTH LINE OF SAID LOT 2;THENCE 5.89'38'49"W.ALONG SAID SOUTH LINE,A DISTANCE OF 11.65 FEET TO THE POINT OF BEGINNING. CONTAINING 58 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 14TH DAY OF SEPTEMBER,2010 FE •'� yQ�vSS/p;�•- � ARO' 4<0\ �l m No. irW n I ROBERT EDWARD STEWIFVA ��E 25068 REGISTRATION EXPIRES 12/31/11 APN 0134.081.•18 1104v I 41,25' I ' Ij BEARING & DISTANCE DATA No. BEARING_ DISTANCE P) t N89'38'49"E _ 11.65 (� S00°2115"r 2.53 E CURVE DATA No. R d l .50 - 3 28 3A'S8'tE` 11.40 uj ul N64 0 10.20"t'_ 5 BLOCK ry�l•pr 01F UTAH lJ SGIUV:�t iC i)I?uV 3 0 -- N29°12'04"E ,P S r) _ —- -- P_0_g_,/ �1 (RAO) - - 6TH STREET Q Lo 1 I n G0 -114 0 IBIT PARSONS s anti2otc -Sl cuss"AO. Sa: . 7.P APN 134-081-18--- � � 1-4U;`° RIGHT OF WAY - PARSONS EXHIBIT A TFMPORARY CONSTRUCTION EASEMENT AP 0134-081-18 THAT PORTION OF LOT 2 BLOCK 36 OF THE CITY OF SAN BERNARDINO,IN THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7,PAGE i OF MAPS-IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2;THENCE N.89°38'49"E.,A DISTANCE OF.11.65 FEET TO THE TRUE POINT OF BEGINNING BEING THE BEGINNING OF A CURVE T-O THE RIGHT,OF WHICH THE RADIUS POINT LIES N.29'12'04"E.,A RADIAL DISTANCE OF 28.50 FEET;THENCE NORTHWESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 34'58'16'•,A DISTANCE OF 17.40 FEET;THENCE N.00"27'35"W.,A DISTANCE OF 6.76 FEET;THENCE S.43°38'58"E.,A DISTANCE OF 26.51 FEET;THENCE S.89'38'49"W.,A DISTANCE OF 6.49 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 117 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 14TH DAY OF JULY,2010 p�tU SIp\ rn ROBERT EDWARD STEAFFANK PE 25068 REGISTRATION EXPIRES 12/31/11 pF CAL% .f i1Pk 013,•001.13•CCG ------.-__.._._ 1'agc 1 i 41 .25' 41.25' BEARING & DISTANCE DATA No. BEARING DISTANCE (Fi) t 89'38'49"E 6.49 j n N00'27'35"W 6.76 5433858 E 26.51 0 1489.38, 9"E 11.65 I CURVE DATA No- R ___ � I Z 1 28.50[.34'58'16" 17-40 Lu Lu cc VOUR, WT 2, BLOCK N64°10'2-0"E c 7 �0F 8-aIm iaL-2lc i�114HD,IM Mir . ?/Ii a P.O. . � 1 !n i o T.P_0 8_/ ! 6TH STREET N2030 12'04"E 0 �n n a l: i t it EXHIBIT o6i22izo10 ounc rs a..,14 6 PARSONS - °'" 3[c0 2ASI 6UA51!A010 5J!EE 7.4c APP! 134-081-18 4!16: x.- TEMPORARY CONST9110 T ION LASE ENT I i I f EXHIBIT 6610" PARCEL NO. B-116 / B 118 (FINAL ORDER) [SEE ATTACHED] f Recorded in Official Records,County of San Bernardino 2/10/2012 DENNIS DRAEGER 4:24 PM PLEASE COMPLETE THIS INFORMATION. � V" KB ASSESSOR — RECORDER — CLERK Nom' RECORDING REQUESTED BY: P Counter San Bernardino Associated Governments,a Joint Powers Authority,acting as the San Bernardino QOC#: 2012-0063841 Titles: 1 Pages: 14 County Transportation Commission _ AND WHEN RECORDED MAIL TO: Fees 0.00 Taxe 0.00 Rick E.N ss maaLLP Other s e.ee 18101 Von Karman Avenue,Suite 1800 PAID 50.00 Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION I (Additional recording fee applies) 9195 American Leganlet,Inc. Rec.Form#R25 www.USCourlFotma.com i i i 4 1 NOSSAMAN LLP RICK E. RAYL (SBN 174257) r 'iL. E D 2 rrayl @nossaman.com SUPcR!O;,CJi .�r CALIFORNIA u i�1 V f t'OF' :'�of r:i ���i110 3 BRADFORD B. KUHN (SBN 245866) SAa< NARUHNO GiV,L IDMNON bkuhn@nossaman.com FEB Q 3 2012 Special Counsel _..._ . 4 18101 Von Karman Avenue, Suite 1800 5 Irvine, CA 92612 By Telephone: (949) 833-7800 Deputy 6 Facsimile: (949) 833-7878 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1104949 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DAVID t. COHN,DEPT. S35 17 Plaintiff, A] FINAL ORDER OF 18 vs. CONDEMNATION 19 STATE OF CALIFORNIA; [Parcel No. B-116/B-118] DOES 1 Through 100, Inclusive; and 20 ALL PERSONS UNKNOWN CLAIMING ANY TITLE OR INTEREST IN OR TO THE 21 PROPERTY DESCRIBED HEREIN, Action Filed: April 15, 2011 22 Defendants. [EXEMPT FROM FILING FEES - GOV. 23 CODE, § 6103] 24 25 26 X27 8 316719_1.DOC FINAL ORDER OF CONDEMNATION I 1 Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission ("SANBAG") having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to a Final Judgment in Condemnation and SANBAG and defendants having 4 waived a Statement of Decision,judgment having been entered, and payment having been made in full, 5 no other party or person having or claiming to have an interest in the property being acquired or the 6 compensation to be paid for the property, and good case appearing: 7 NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 8 1. The Property described in the attached Exhibit"A,"described as Assessor's Parcel 9 Number 0134-141-35, located at the Southeastern corner of N. E St. & 5th St., San Bernardino, 10 California, and more particularly described as SANBAG Parcel Numbers B-116 &B-118, consisting of 11 a permanent easement of approximately 1,572 square feet, along with a temporary construction 12 easement of approximately 1,796 square feet, as described in SANBAG's complaint on file in this 13 matter("Subject Property"), is hereby condemned to SANBAG for the purposes of constructing, 14 maintaining, and operating the sbX E-Street Corridor Bus Rapid Transit Project("Project"),for the 15 purpose of all necessary and convenient activities associated with the construction of the Project and for 16 public purposes. The temporary construction easement shall commence seven (7)days from the date 17 upon which SANBAG or its authorized representative provides the applicable defendant with written 18 notice of its intent to commence construction utilizing the temporary construction easement and shall 19 terminate on the earliest of(a)the date upon which SANBAG notifies the applicable defendant that it no 20 longer needs the temporary construction easement, (b) six (6)months from the commencement date of 21 the temporary construction easement, or (c)December 31, 2013. 22 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 23 public purposes under Article I, Section 19, of the California Constitution, California Public Utilities Code 24 section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 25 for which SANBAG seeks to condemn the Subject Property in connection with the Project is authorized 26 by law and is a public use; the public interest, safety, and necessity require the Project; the Project is 27 planned and located in the manner that will be most compatible with the greatest public good and the 28 least private injury; and the Subject Property is necessary for the Project. 316719 1.DOC FINAL ORDER OF CONDEMNATION 1 3. Just compensation has been paid to defendants, and such sum was accepted by defendants 2 as full payment of just compensation for the acquisition of the Subject Property and the construction of 3 the Project in the manner proposed, including, but not limited to, severance damages, loss of goodwill, 4 loss of or damage to improvements pertaining to the realty, fixtures, equipment, and/or inventory, 5 precondemnation damages, claims for attorneys' fees,litigation expenses, statutory costs, interest, 6 relocation benefits and/or costs, and any and all other kinds of compensation, damage, or other claims 7 arising out of or relating to the taking of the Subject Property or construction of the Project. 8 4. The right in and to the Subject property shall vest in SANBAG upon the recordation.of 9 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 10 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 11 shall be cancelled. I 12 13 DATED: 14 JUDGE OF THE SUPERIOR COURT 15 DAVID COHN 16 17 18 19 20 21 22 23 24 25 26 27 28 z FINAL ORDER OF CONDEMNATION i i . t i i j i EXHIBIT A . t . P i i ( i i i f LEGAL DESCRIPTION FOR LARGER PARCEL f i i ATTACHMENT"I" I l All that certain real property situated in the County of San Bernardino, State of California, described as follows: ;. Parcel 4 of Parcel Map 14718, in the City of San Bernardino, County of San Bernardino, State of California, as per map on file on January 3, i 1996, in Book 179, Pages 84 & 85 of Parcel Maps, San Bernardino County Records. f I I i I i 4 I . i i i i B116&BI IS-0134441-35 f i { i i ; i i i f - i - i i i i t z t i ; i i j I i LEGAL DESCRIPTION AND PLAT MAP FOR PEF. V 14ENT-- EASEMENT , 1 1 I I --_--. -- ��1 ---- -- ...._..-_..._........ . ..._.E.ri,.!'!d ?t)"U-�fii; EXHIBIT A RIGHT OF WAY AP 0134-141-35 THAT PORTION OF PARCEL 4 OF PARCEL MAP 14718,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 179,PAGES 84 AND 85 OF j PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 4,ALSO BEING A POINT ON THE EAST LINE ! f OF"E"STREET{41.25 FEET HALF WIDTH)AND THE SOUTH LINE OF 5TH STREET(50.00 FEET HALF WIDTH); i THENCE ALONG THE SOUTH LINE OF 5TH STREET, N.89°38'49"E.,A DISTANCE OF 25.79 FEET;THENCE S.00°21'11"E_,A DISTANCE OF 1.31 FEET;THENCE S.69°38'49W.,A DISTANCE OF 12.30 FEET;THENCE S.44°35'20"W.,A DISTANCE OF 13.04 FEET;THENCE S.00°27'35"E.,A DISTANCE OF 34.2..63 FEET TO THE SOUTH LINE OF SAID PARCEL 4;THENCE S.89°3849"W.,A DISTANCE OF 4.25 FEET TO THE EAST LINE OF t "E"STREET;THENCE N.00°27'35"W-,A DISTANCE OF 358.17 FEET TO THE POINT OF BEGINNING. CONTAINING 1,572 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. i DATED THIS 6TH DAY OF JULY,2010 t 910pFESS10 j AR yQk.� c'o `L ^ rn' . w m ND. m 'rai I ° 250&8 ROBERT EDWARD TEA S,PE 25068 ` *°� REGISTRATION EXPIRE 12/31/1{ 0 I i iI f i 1 1 1 APN 0134-141-35 ROW 1 Page 1 i L N - I I 5TH STREET ! r P.O.B. 2 °Ln 3 4 1 i 5 i BEARING & DISTANCE DATA No. BEARING DISTANCE (,T) Q S00°27'35", 353.17 02 SB9°36'49°W 25.79 Q3 N00°21'11"W 1.31 Q4 N89°38'49•E 12.30 N49'35'20"E 13.04 �6 N00°27'35"W 392.63 7 N89°38'49"E 4.25 i 1 t -- I I ( i 1 6 � PARCEL 4 f PARCEL MAP me.. Hw% � o Eu co � - 4 a. iu = i SOUTHERLY LINE PARCEL 4 41.25' 41.25' o ° s 1 7 ! s o PARSONS EXHIBIT " B ,1 o6inrzolo ; ,Zoo FAST WASTI ROAO,SNITF 200 APH 134-141-35 ONTARIO, CALIFORNIA 91761 I•�D' RIGHT OF WAY i of 1 0 ' • I i jI . f i i i s i i ' I I i i i i LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT . � r i 1 _PARSON _ - --- 3ZC;;C.Gua:•..,. '.Ole 2N.vCl.er .CA!.:i C1 _ :,:> .^');:'C. 5: ,y._'i{r:•J5. t.�:v :a, r i EXHIBIT A i TEMPORARY CONSTRUCTION EASEMENT AP 0134-141-35 THAT PORTION OF PARCEL 4 OF PARCEL MAP 14718,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 179,PAGES 84 AND 85 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 4,ALSO BEING A POINT ON THE EAST LINE OF"E"STREET(41.25 FEET HALF WIDTH)AND THE SOUTH LINE OF 5TH STREET(50.00 FEET HALF WIDTH); THENCE ALONG THE SOUTH LINE OF 5TH STREET, N.89°38'49"E.,A DISTANCE OF 25.79 FEET TO THE i TRUE POINT OF BEGINNING;THENCE N.89°38'49"E.,A DISTANCE OF 5.00 FEET;THENCE 5.00°21111"E.,A DISTANCE OF 6.3.1 FEET;THENCE S.89°38'49'W.,A DISTANCE OF 15..23 FEET;THENCE S.44°35'201W.,A DISTANCE OF 8.89 FEET;THENCE 3.00°27'35'E.,A DISTANCE OF 317.35 FEET;THENCE S.44°31'52'W„A DISTANCE OF 3.54 FEET;THENCE S.00'27'3VE.,A DISTANCE OF 20.72 FEET TO THE SOUTH LINE OF SAID PARCEL 4;THENCE S.W38'49W,A DISTANCE OF 2.50 FEET;THENCE N.00°27'35'W„A DISTANCE OF r 342.63 FEET;;THENCE N,44°3570"E.,A DISTANCE OF 13.04 FEET;THENCE N_89'38'49"E.,A DISTANCE OF 12.30 FEET;THENCE N,00°21'11"W.,A DISTANCE OF 1.31 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,796 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 9TH DAY OF AUGUST,2010 OQPOFESS/,o • I��Q���WAR s�lfi� w• No, m r �cc rt 25068 CO3 z' ROBERT EDWRRD STE FF S,F'•E 25068 REGISTRATION EXPIR 12!31/11 ' I i I i i f 4 i APH 0134141-3S Ta ' Page 1 ) I I N 5TH STREET T.P.0.B. 3 4 5 ° 2 P.O.C. — 6 ' 7 1 BEARING & DISTANCE DATA I 8 No. BEARING DISTANCE (FT) I )0-2 7-35-E 742.63 Q2 544''3520"W 13.04 i 03 589°3849'7! f2.30 I i 4 500'21'I1"E 1.31 I © 589°38'49"W 5.00 NCO°21'11lW 6.31 7 N89°38'49"E 15.23 ® N44°35'20'E 8.89 Q9' N00'Z7'35"W 317.35 ® N44°31'52"E 3.54 NOD-27,35W 20.72 ® N89°38'49"E' 2.50 9 ® N89'38'491 25.79 I PARCEL 4 PAWL MAP NO, HT U *. cc w cn a ' g1.25" 41.25` SOUTHERLY LINE PARCEL 4 PARSONS 0 EXHIBIT " B " 06/22/2010 p 3zoO LAST WA$TI?OAO,SUITE zoo APN 134-141-35 ONTARIO,CAIIFOR1,14 SIM TEMPORARY CONSTRUCTION EASEMENT '"'"°, I of 1 4 RECORDING REQUESTED BY: SANBAG 1170 West 3`d Street,2"d Floor San Bernardino,CA 92410-1715 WHEN RECORDED MAIL TO: CITY OF SAN BERNARDINO 300 N.D STREET, 3'D FLR SAN BERNARDINO,CA 92418 EXEMPT FROM REC.FEES PER GOVT.CODE§27383 APN(s): See Exhibit"P' QUITCLAIM DEED EXEMPT FROM DOC.TRANSFER TAX PER sbX Parcel#B120—B243 REV.&TAX CODE§11922 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SAN BERNARDINO ASSOCIATED GOVERNMENTS, a public agency existing under the laws of the State of California ("SANBAG"), acting as the San Bernardino County Transportation Commission, a public agency existing under the laws of the State of California ("Grantor"), does hereby REMISE, RELEASE and forever QUITCLAIM to the CITY OF SAN BERNARDINO, a California Municipal Corporation ("Grantee"), all of the right, title, and interest in the permanent easement(s) located in the City of San Bernardino, County of San Bernardino, State of California, as particularly identified in those certain recorded instrument(s) listed in Exhibit "1", further described as a permanent easement in a copy of said instrument(s) as Exhibit(s) "2", "3", 6(4", "599, "69 , 6679 , 668", 669" "10" and "11", respectively, attached hereto and incorporated herein by this reference. Prior to the execution and recording of this Quitclaim Deed, the permanent easements were in favor of Grantor pursuant to those certain instrument(s) dated and recorded in the Official Records of San Bernardino County, California as indicated on Exhibit "I". Notwithstanding anything contained in this instrument to the contrary, to the extent that the (any) instrument identified in Exhibit(s) "2" through "11" include(s) a temporary easement (such as and including without limitation, for example, a temporary construction easement), this instrument does not include the same and, therefore, there shall be no transfer, assignment, set over, conveyance, grant or quitclaim of such temporary easement(s) or any interest therein by, under or pursuant to this Quitclaim Deed. Any facilities located within the property (properties) described as a permanent easement in the recorded instrument(s) attached hereto as Exhibit(s) "2" through "11", are being left in place in an "as is, where is, with all faults" condition. Grantee acknowledges and agrees that Grantor is conveying all right, title and interest in and to the herein-described real property on an "as is, where is, with all faults" basis. And Grantee further acknowledges and agrees that Grantor does not warranty the condition of the facilities and does not guarantee their fitness for any purpose. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below. Dated: GRANTOR: SAN BERNARDINO ASSOCIATED GOVERNMENTS acting as the San Bernardino County Transportation Commission NOTARY ACKNOWLEDGEMENT: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ) S.S. On before me, Notary Public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature SEAL: ACCEPTANCE This is to certify that the interest in the real property conveyed by the within instrument to the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council, and grantee consents to the recordation thereof by its duly authorized officer. CITY OF SAN BERNARDINO By: City Clerk Date: EXHIBIT 66199 PARCEL/DOCUMENT LISTING Recorded Exhibit sbX # Parcel APN Property Address Document Description /Comment # Number Northeastern corner of 2 B120 0134-151-32 N. E. St. and 4th St. 2012-0291253 Final Order San Bernardino, CA 92401 3 8183 0136-501-01 501 Inland Center Dr. 2012-0109267 Easement Deed San Bernardino CA 92408 4 B185 0136-501-02 550 S E St. 2011-0424023 Final Order San Bernardino CA 92408 5 8209 0136-511-01 794 S E Street 2011-0401525 Final Order San Bernardino, CA 92408 6 B211 0136-511-10 808 S E Street, 2011-0254735 Easement Deed San Bernardino, CA 92408 7 B233 0136-522-05 1100 S E St. 2011-0442774 Final Order San Bernardino CA 92408 Southwestern corner of 8 B234 0136-471-04 E St. & Mill St. 2011-0456272 Final Order San Bernardino, CA 92408 9 8235 0136-522-27, 1100 S E St. 2013-0041376 Final Order & 237 0136-522-28 San Bernardino, CA 92408 10 B239 0136-522-29 1198 S E St. 2013-0530009 Final Order San Bernardino CA 92408 11 B243 0141-241-26 505 W Orange Show Rd. 2014-0199744 Final Order San Bernardino CA 92408 EXHIBIT 662" PARCEL NO. B-120 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,County of San Bernardino 7/20/2012 DENNIS DRAEGER 9:19 AM PLEASE COMPLETE THIS INFORMATION. ,K`OU"� ASSESSOR — RECORDER — CLERK NC RECORDING REQUESTED BY: P Counter San Bernardino Associated Governments,a Joint �w6 Powers Authority,acting as the San Bernardino Doc#: 2012—0291253 Titles: 1 Pages: 14 County Transportation Commission Fees 0.00 AND WHEN RECORDED MAIL TO: Taxes 0.00 Rick E.Rayl Other 0.00 Nossaman LLP PAID $0.00 18101 Von Karman Avenue,Suite 1800 Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, § 61031 THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form#R25 American u Inc. www.U SCort r1Fo Fo rm s.c om MEMO I NOSSAMAN LLP RICK E. RAYL (SBN 174257) 2 rPayl @nossaman.com 3 BRADFORD B. KUHN (SBN 245866) bkuhn @nossaman.com 4 Special Counsel FILED-Central District 18101 Von Karman Avenue, Suite 1800 SUPERIOR COURT 5 Irvine, CA 92612 SAN BERNARnINO COUNTY Telephone: (949) 833-7800 JUL $ 2012 6 Facsimile: (949) 833-7878 7 Attorneys for Plaintiff duty 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1106942 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DAVID COHN, DEPT S35 17 Plaintiff, 18 vs. ] FINAL ORDER OF CONDEMNATION 19 SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY; [Parcel No. B-120] 20 DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA; 21 DEPARTMENT OF TRANSPORTATION OF 22 THE STATE OF CALIFORNIA; FERNANDO LOPEZ, an individual, dba 23 FERNANDO'S FINE FOODS; DOES 1 Through 100, Inclusive; and [EXEMPT FROM FILING FEES - GOV. 24 ALL PERSONS UNKNOWN CLAIMING ANY CODE, § 61031 TITLE OR INTEREST IN OR TO THE 25 PROPERTY DESCRIBED HEREIN, 26 Defendants. 27 away.:: 28 'Hx•: ' = 324147 1.DOC FINAL ORDER OF CONDEMNATION I Plaintiff San Bernardino Associated Governments, a Joint Powers Authority, acting as the San 2 Bernardino County Transportation Commission("SANBAG")having applied for entry of a Final Order 3 of Condemnation, having previously stipulated to a Final Judgment in Condemnation, and SANBAG 4 and defendants having waived a Statement of Decision,judgment having been entered,and payment 5 having been made in full, no other party or person having or claiming to have an interest in the property 6 being acquired or the compensation to be paid for the property, and good cause appearing: 7 NOW, THEREFORE,IT IS HEREBY ORDERED,ADJUDGED AND DECREED AS 8 FOLLOWS: 9 1. The property described in the attached Exhibit"A" designated as Assessor's Parcel 10 Number 0134-151-32, located at the northeastern corner of North E Street and 4th Street, San 11 Bernardino, California,and more particularly described as SANBAG Parcel Number B-120, consisting 12 of a permanent easement of approximately 996 square feet, along with a temporary construction 13 easement of approximately 654 square feet, as described in SANBAG's complaint on file in this matter 14 ("Subject Property")is hereby condemned to SANBAG for the purposes of constructing, maintaining 15 and operating the sbX E-Street Corridor Bus Rapid Transit Project("Project"), for the purpose of all 16 necessary and convenient activities associated with the construction of the Project and for public 17 purposes. The temporary construction easement shall commence seven days from the date upon which 18 SANBAG or its authorized representative provides the applicable defendant with written notice of its 19 intent to commence construction utilizing the temporary construction easement and shall terminate on 20 the earlier of(a)the date upon which SANBAG notifies the applicable defendant that it no longer needs 21 the temporary construction easement, (b) six months from the commencement date or the temporary 22 construction easement, or(c) December 31, 2013. 23 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 24 public purposes under Article I, Section 19,of the California Constitution, California Public Utilities Code 25 section 130220.5,and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 26 for which SANBAG seeks to condemn the Subject Property,to wit, in connection with the Project and 27 for public transit improvements, is and was authorized by law and is and was a public use; the public 28 interest, safety, and necessity require the Project;the Project is and was planned and located in the 324147 1.DOC FINAL ORDER OF CONDEMNATION I I manner that will be most compatible with the greatest public good and the least private injury; and the 2 Subject Property is necessary for the Project. 3 3. Just compensation has been paid to defendants, and such sum was accepted by 4 defendants, as full payment of just compensation for the acquisition of the Subject Property and the 5 construction of the Project in the manner proposed, including but not limited to, severance damages, 6 business goodwill, loss of or damage to improvements pertaining to the realty, real and personal 7 property, fixtures, equipment, and/or inventory, precondemnation damages, claims for attorneys' fees, 8 litigation expenses, statutory costs, interest, relocation benefits, and any and all other claims which have 9 been or could have been raised in this lawsuit. 10 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 11 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 12 of California. All liens, leaseholds, and encumbrances of whatever kind and nature on the Subject 13 Property shall be cancelled. 14 15 16 DATED: 7 11 17 JUDGE OF THE SUPERIOR COURT 18 19 20 21 22 23 24 25 26 27 28 z FINAL ORDER OF CONDEMNATION I j. i • I f i I EXHIBIT A I I 1 LEGAL DESCRIPTION FOR LARGER PARCEL 1 ATTACRMI NT"l" i All that certain real property situated in the County of San Bernardino, State of California, described as follows: Parcel 3 of Parcel Map No. 14718, in the City of San Bernardino, County of San Bernardino, State of California, as per map on file: in Book 179, Pages 84 and 85, of Parcel Maps, San Bernardino County Records, I .. i U120-0134-151-32 i i i 1 I f LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT "�C�Y�O, ls.2, x..N"S, 32 it?F-G!i:..:Rci.,,a.i(e (.i:!�rl:.l.../�:' _ -- 0_1 EXHIBIT A RIGHT OF WAY AP 0134-151-32 THAT PORTION OF PARCEL 3 OF PARCEL MAP 14718,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 179, PAGES 84 AND 85 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3,ALSO BEING A POINT ON THE EAST LINE OF"E"STREET(41.25 FEET HALF WIDTH);THENCE ALONG THE NORTH LINE OF SAID PARCEL 3, N.89°38'49"E.,A DISTANCE OF 4.25 FEET;THENCE S.00°27'35"E.,A DISTANCE OF 224.78 FEET;THENCE S_45°24'61"E.,A DISTANCE OF 16.31 FEET-.THENCE 3.89°38'27"W.,A DISTANCE OF 3.43 FEET;THENCE N.45°24'34"W.,A DISTANCE OF 17.48 FEET;THENCE N.00°27'35"W.,A DISTANCE OF 223.95 FEET TO THE POINT OF BEGINNING. CONTAINING 996 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED-HERETO AND MADE A PART HEREOF. GATED THIS 9TH DAY OF AUGUST,2010 OQ�QFESS/py ARD jc f 6 I w N0. n'^y T 0--- d 25068 ROBERT EDWAR ST A S,,PE 25068 7c REGISTRATION EXPI ES 12131/11 �`A �Q C 1 APN 0134-151-32 ROW Page 1 i I s i 1 41.25' 41.25' 2 PARCEL PARCEL HAP Mo. MTN P.O.B. P.N.O. 170/86 g SOUTHERLY LINE PARCEL 4, PM 14718 P.M.B. 179/84-85 I-� 1dJ w PARCEL NAP m©. MT H P.M.B. 170/14-86 BEARING & DISTANCE DATA No. BEARING DISTANCE (FT) Q1 S00°27'35'E 223.95 02 5O 38`49"W 4.25 3 N00727'35 W 224.78 a Q4 N4 5'24'5f' 16.31 4 Q5 N89'38'27"E 3.43 6 S45°24'34"E 17.48 _ i 0 rc i N n 6 u, _ 5 N 4 4TH STREET l(7 N Q' 0 0 0 0 v m v 0 i20 0 PARSONS EH�p't�1 ,� 06/23/2010 A . 3200 EAST GUASTI 80.10, SU17E 200 Af H 134-151-32 x41 ONTARIO, CALIFORNIA 91761 1'=50' e FUGHT OF WAY '" I of I o LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT i Y � 1 i c.G_.di<i f+ EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0134-151-32 THAT PORTION OF PARCEL 3 OF PARCEL MAP 14718, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 179,PAGES 84 AND 85 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 3,ALSO BEING A POINT ON THE EAST LINE OF"E"STREET(41.25 FEET HALF WIDTH);THENCE ALONG THE NORTH LINE OF SAID PARCEL 3; N.89°38'49"E.,A DISTANCE OF 4.25 FEET TO THE TRUE POINT OF BEGINNING;THENCE N.89°38'49"E.,A DISTANCE OF 2.50 FEET;THENCE S.00°27'35"E.,A DISTANCE OF 220.20 FEET;THENCE S.45°24'51"E.,A DISTANCE OF 22.79 FEET;THENCE S.89°38'27"W.,A DISTANCE OF 7.08 FEET;THENCE N.45*24'51"W.,A DISTANCE OF 16.31 FEET;THENCE N.00°27'35"W.,A DISTANCE OF 224.78 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 654 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 9TH.DAY OF AUGUST,2010 QROFEgS�OA� AR I) No. `_ 'a 25058 ROBERT EDWARD STE ENS,PE 25068 kY REGISTRATION EXPIRES 12/31/11 i APN 0134-151-32 TCE Page 1 T.P.O.B. 41.25' 41.25' PARCEL � PARCEL Map NO. %718 plm-p> 179/9 16 7 SOUTHERLY LINE PARCEL 4, -PM 14718 P.M.B. 179/84-85 dla w paRCIEL flap No. Wi ui BEARING & DISTANCE DATA No. BEARING DISTANCE (FTJ Q N00°27'35"W 1 224.78 0 S89°38'49' 2.50 Q N00°27'35"W 220.20 4 N45°24'51"W 22.79 N89'38'2T"E 7.08 a 6 545°24'51"E 15.3.1 Q N89°38'49"E 4.25 t 6 ' Lo 'N 1 N P 5 Z 4TH STREET Ln N v a 0 0 a o , d PARSONS EXHIBIT q� m 6611 °'� osrt�no(o 3200 EAST GUASTI ROAD,SUITE ZOO AP7u 13Q'3S�'32 ONTARIO, CALIFORNIA 9ITS1 TEMPORARY CONSTRUCTION d9R�t t�`�- �"' I of I a EXHIBIT 663" PARCEL NO. B-183 (EASEMENT DEED) [SEE ATTACHED] W-w EWckwicdy Retfl W In OftW Rftor&.Cowty of San S mwdW 32N2012 DENNIS DRAEGER aaaoAhl ON RECORDING REQUESTED BY: ASSESSOR-RECORDER-CLERX Stewart Title of California,Inc. 683 Stewart Title Co.-Glendale Attn:Arwen Estelle 2010 Main Street,Suite 250 Doc 0: 2012-0109267 Dues: 1 Page: R Irvine,CA 92614 Fees o0 Escrow and Order No.: ,° II I�II�IIIII II I III I III I II I�I�� Taxes� .00 3r%2,1 od 00 WHEN RECORDED MAEL TO: rXV SAN BERNARDINO ASSOCIATED GOVERNMENTS sbX Project Office 1170 W.3'd Street,2"d Floor San B ino,California 92410-1715 `AM(L};ULJO- a1-0 l EXEMPT FROM RECORDING FEES PER OOVr.CODE-1273g] i f-ro, EXEMPT FROM DOCUMEN`rARy TAN RSFER TAX?ER REV,A TAX CODE film l EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, G& M Oil Co., LLC,a California limited liability company ("Grantor") does hereby GRANT and CONVEY to San Bernardino Associated Governments acting as the San Bernardino County Transportation Commission("Grantee"), and its successors and assigns,an easement for public street purposes over and across, that certain portion of real property located in the County of San Bernardino, State of California, more particularly described in the legal description attached hereto. SEE LEGAL DESCRIPTION SET FORTH IN EXHIBIT"A"AND MAP OF REAL PROPERTY SET FORTH IN EXHIBIT"B", both of which Attachments are incorporated by this reference. IN WITNESS WHEREOF,Grantor has caused this instrument to be executed on the date set forth below. Dated: O 11 GRANTOR: G&M Oil Co.,LLC,a California limited liability company By: G&M Oil Company Inc. By: Me nagin le' George A. Pearson Title: President moa\ 4 pkw Description: San J90=wudno,C1L Dom,a�ernt-Year.DoeZD 2012.109267 Pago: 1 of 9 Order: 359621 Coamne. NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) )ss. COUNTY OF ) On �� 2011 before me, — cws•2. notary public, personally appeared �I Ik.'Ve,.,,ya,A who proved to me on the basis of satisfactory evrdence to be the person(6 whose name06 is/e/e subscribed to the within instrument and acknowledged to me that he/sOd/y executed the same in his/h f r/oir authorized capacity(io), and that by his/h#/th jir signature{}on the instrument the person(,or the entity upon behalf ofwhich the person(A acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. AZAAMao M cXW tci Signature No blic � r a zor� Daaczlptlon: Sao aeraas+ddmooCA Doc=ant-Year.Doc2D 2022.109267 Page: 2 of 9 2rder: 359621 Cc®eat: ' RECORDINO REQUESTED BY Stewart TRIO of California,Inc. AND WHEN RECORDED(AAn.DOCudENTAND TAX STATEWNT TO: M" San Bernardino AasOClsled Gowwwwr to sbx Project Ontce Attn:Ryan Groom ararsr mmtss 1170 W.r Street,V Floor err,nary San BeRtsrdrno,CA areooe 82410-1715 TIRE ORDOMM 35aa11 ESCROW"Cu 3SM1 SPACE ABOVE THS LINE FOR RECORDERS uAE ONLY CERTIFICATE OF ACCEPTANCE This Is to certify[hat the Interest In real property conveyed by the Easement teed dated September a,2011,from G 3 M Oil Co., LLC (OWNER/GRANTOR)to the San Bernardino Associated Governments(SANBAG)acting as the San Bernardlno County Transportation Commission (GRANTEE), by the within instrument, the provisions of which are incorporated by this reference as though fully set forth In this Certification, Is hereby accepted by the undemigned officer(s)on behalf of SANBAG pursuant to authority conferred by the SANBAG Board of Directors Agenda hem 22, adopted on February 2, 2011, and the GRANTEE consents to recordation thereof by Its duly authorized officer. Descriptlorllldentitcatlon of real property: S01 Inland Center Drive,San Bemardlno,CA 92408 Dated: WNliam T.Schuiling,Interim Executiv Director STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO AA ! / On �.rel .24 .20// won rro, /�lJ a kld'LnA /Ue�1weu 1�- (Dos ame and litre the officer) personally appeared�r _ who proved to me on the basis of Inamis of Pam aaNafacto evidence to be ttra perapt(s1M hose namel Is/aw autreerlb to the wYhln Mrstrument and ac dyed b me that h�execWad the same lion hlsfFi authadzed cepaeky(tos) and Itret,�yy tds/h AMIr slpnetrae tfo Instrument the p ).or the winty upon=tf of WC eM persarY)acted,MOAedine Inalrument I csrdry uder PENALTY OF PERJURY under the Iowa of the State of Carfomla that&a forapolrg paragraph is true and correct. WITNESS my hard and official seal. *—e � Srpnaluro of officer (Seal) AWA ALDANA Celllf 111t108I 1835M Notary PeMlc-colffernta Son knuir me Canary My Comfit.Eapkn Ater g.2013 Description: ban BernardiAO,CA Dccrmant:-Year.DocM 2012.109267 Page: 3 of 9 Order: 339621 Gent: is"' �.n U"" R EXE MIT"A"TO EASEMENT DEED Legal Description of Easement [APN:0136-501-01] Doraript3on: San B*=—d{no,q Docnmant-roar-DocID 2012,109267 Paq*: t of .9 - - Drdor: 359621 Coamant: PARSONS ^:La E.34-s1 Raw.a.::e acl O.l b.01 Ova' l7 JwL 90'a•It_u�(,4.:�+Q:Q.,�ta.,'s3;-7. 1.: EXHIBIT A RIGHT OF WAY AP-0136-501-01 THAT PORTION OF THE EAST 112 OF LOTS 1 AND 2 IN BLOCK 29,RANCHO SIN BERNARDINO.IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7,PAGE 2 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF BAN BERNAR01 COUNTY, SAID LAND IS ALSO KNOWN AS PARCEL i ON RECORD OF SURVEY FILED IN BOOK RN PAGE 45 OF RECORD OF SURVEY,IN THE OFFICE OF SAID COUNTY RECORDER,DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOS LINE OF SAID PARCEL 1,RECORD OF SURVEY BOOK 0 21.PAGE 45 AND THE WEST LINE OF'E'STREET(100 FEET WIDE).AS DESCRIBED IN THE EASEMENT DEED TO THE CITY OF SAN BERNARDINO RECORDED DECEMBER 19,1968 IN BOOK 7150,PAGE 924 OFFICIAL RECORDS.IN THE OFFICE OF SAID COUNTY RECORDER;THENCE ALONG THE SOUTH LINE OF SAID PARCEL 1,N.89.4873'W.,A DISTANCE OF 2.13 FEET;THENCE N.02.42'46'W.,A DISTANCE OF 11.48 FEET;THENCE N.57'30W"W„A DISTANCE OF 3.86 FEET;THENCE N.02'42'46"W.,A DISTANCE OF 30.15 FEET;THENCE N.5205'08'E.,A DISTANCE OF 3.88 FEET-THENCE N.02'42461N.,A DISTANCE OF 18.25 FEET:THENCE N.00'36'1 5-W. A DISTANCE OF 2.48 FEET;THENCE N.55'24'08'W.,A 0lSTANCE OF 3.88 FE1=T;THENCE N.00'36'i5'W.,A DISTANCE OF 33.81 FEET;THENCE N.54'11-39'E.,A DISTANCE OF 3.88 FEET;THENCE N.00'36'15'W.,A DISTANCE OF 48.77 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 8.50 FEET AND A CENTRAL ANGLE OF 106.08'1 T;THENCE NORTHWESTERLY ALONG THE ARC A DISTANCE OF 15.75 FEET;THENCE N.39'24'37'E.,A DISTANCE OF 7.41 FEET;THENCE S.55'57'43'E.,A DISTANCE OF 12.89 FEET;THENCE 5.00.36'15'E.,A DISTANCE OF 180.38 FEET TO THE POINT OF BEGINNING. CONTAINING 918 SQUARE FEET.MORE OR LESS, ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO ANO MADE A PART HEREOF. DATED THIS 9TH DAY OF AUGUST,2010 9 C%fE88 ARD ROBERT EDWARD STE NS.PE 25068 * 2S06d REGISTRATION Expl S 12/31/11 Op 1lPN 0136-SO1-01 A0W I"a�e 1 Daacript�oa: San Bern,.rdino,ca Doc®eat_Year.DocZD 2012.I09267 Page: 5 o! 9 order: 359621 Ca®eak: EXHTBFr"B"TO EASEMENT DEED Map of Real Property [APN:4136-501-01] i Deatrtptl— Saa 8oruardiaa,CA DOcmumt-Year-DocID 2012.109267 Page: 6 of 9 - Order: 389621 Carat: t N MILL STREET in Q BEARING A DISTANCE DATA CURVE DATA No.I GEM= DISTMM (M No. R I A t N00'3/'1S1Y 160.31 1.50 l—wos IT 15.75 Se9'41'z3 E 2.13 slz'42'46'E 11.41 4 561'3nrE 3.11 O 502742 4i'E 30.15 Cr 552'OS ns 3.61 502'4 41'E 11225 JO 500'XlrE 2.46 �!�! 539'24'0e1 3.16 vil` S00'35'15'E 33.11 554'11'3911 1 3.11 SW31.15'E 1 4147 4 s39*z4,3rvl 7.41 N55657'43*1 MIS Gam$ N1 6'44'32"W �O (RAO) o m O qo-. "' lu �A r• I— I R.ai a1°es ' w 7 6 # 6j. fit, REC.*200055-20835979 O.R. M. LOT= 11 a, OLOCK n 5 P.O.B. 4 3 N'LY LINE 5992/775 O.R. 2 REC. 09/23/1963 50' 50' 0 Y pApgpNg EXHIBIT "fill:cc aco cusp",l.SUITE rec API) 1ST-301-01 arhigc.CALlrarl.ctra, 1, 1 RIGHT OF WAY +. 1 Daaaription: San Barnard3a0XA Docum*ut-Yaar.DacZD 2012.109267 Page: 7 of 9 ozdar; 350621 Caommant: n« �3 rt w Pav q, l ICONSENT OF BENEFICIARY THIS CONSENT OF BENEFICIARY("Consent)is made as of this S'h day of 2012,by the undersigned,CHEVRON U.S.A.INC.,A PENNSYLVANIA CORPORA-1104 ("Chevron'). WITNESSETH THAT, Chevron,as the beneficiary under that certain Deed of Trust dated January 21,2008,entered into by and among G&M OIL CO.,LLC,A CALIFORNIA LIMITED LIABILITY COMPANY,as trustor,FIRST AMERICAN TITLE INSURANCE COMPANY,as trustee,and Chevron, recorded as Instrument No.2008-0034365 on January 25,2008,in the Official Records of San Bernardino County,California("Deed of Trust"),hereby acknowledges,agrees to,joins in and consents to the granting of the easement(s)in the foregoing Temporary Construction Easement, dated as of September 8,2011,entered into by and between G&M Oil Co.,LLC,as grantor, and San Bernardino Associated Governments acting as the San Bernardino County Transportation Commission,as grantee(the"Temporary Construction Easement'),to which this Consent is attached and of which this Consent is a part,including,without limitation,the execution,recording,creation and existence of the said easement(s)and the Temporary Construction Easement. It is expressly understood and agreed that this Consent shall not affect or impair the priority or security of the Deed of Trust upon any portion of the Property as defined above,except that more particularly described above as the Temporary Construction Easement Area. IN WITNESS WHEROF,the undersigned has caused this Consent to be executed and delivered pursuant to due and proper authority as of the date first set forth above. CHEVRON/BENEFICIARY CHEVRON U.S.A.INC., a Pennsylvania corporation By: ' N Title: am Conant of eenef dary to Temporary Constnxllon Easenwnt.MX Deacr3ptlon: San Bernardino,G DoMMa t-rear.Dcc=p 2012-109267 Page: a of 9 Drder: 359621 Ca®ent: STATE OF CALIFORNIA ) ACKNOWLEDGEMENT ss COUNTY OF CONTRA COSTA ) On January 5,2012,before me,Jenny Salchak—Notary Public,PERSONALLY APPEARED Darin O'Kelley,who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that be/she/they executed the same In his4whheir authorized capacity(ies),and that by hislhedtheir signatures)on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. I certify tinder PENALTY OF PERNRY tinder the laws of the State of California that the foregoing paragraph is true and correct. CanNN 1 � WITNESS my hand and official seal. M C mm cash C amwa Canna a 2112016 This area for OfJiclat Notarial Seal Signature S-4"A My Com ion Exp' .August 29,2015 Description: "a B`a=Ardiao,G Dacunwt-1'ear.DoclD 2012.109267 page. 9 of 9 Order: 359621 Comment: EXHIBIT "4" PARCEL NO. B-185 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,County of San Bernardino 1D/11/2011 PLEASE COMPLETE;THIS INFORMATION. DENNIS DRAEGER 1:20 PM ASSESSOR — RECORDER — CLERK KB RECORDING REQUESTED BY: 4 P Counter San Bernardino Associated Governments,a Joint Powers Authority,acting as the San Bernardino Doc#: 2011 —0424023 Titles: 1 Pages: 12 County Transportation Commission AND WHEN RECORDED MAIL TO: Fees 0.00 Rick E.Rayl Taxes 0.00 Nossaman LLP other 0.00 18101 Von Karman Avenue,Suite 1800 PA1D �e.ea Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, §6103] THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 American LegalNet,Inc. Rec.Form#RZS www.USCourtForms.com 1 NOSSAMAN LLP RICK E. RAYL(SBN 174257) F 2 rrayl @nossaman.com COON Y'pERi A COURT' BRADFORD B. KUHN(SBN 245866) S'�B�N�piNa DI3 RDCNO 3 bkuhn @nossaman.com 4 Special Counsel SEP .12 2011 18101 Von Karman Avenue, Suite 1800 5 Irvine, CA 92612 �Y'-- • ( _ Telephone: (949) 833-7800 ep 6 Facsimile: (949) 833-7878 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 FOR THE COUNTY OF SAN BERNARDINO 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1104959 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DAVID S. COHN,DEPT. S35 17 Plaintiff, FINAL ORDER OF 18 vs. CONDEMNATION 19 TANSAN COMPANY, a New York partnership; TROY E. GALLAGHER,an individual, dba [Parcel No. B-185] 20 AUDIO EXTREME; 21 DOES 1 Through 100, Inclusive; and ALL PERSONS UNKNOWN CLAIMING ANY 22 TITLE OR INTEREST IN OR TO THE PROPERTY DESCRIBED HEREIN, Action Filed: April 15, 2011 23 [EXEMPT FROM FILING FEES - GOV. Defendants. 24 CODE, §61031 25 V 26 27 28 311638 LDOC FINAL ORDER OF CONDEMNATION 1 Plaintiff San Bernardino Associated Governments,acting as the San Bernardino County 2 Transportation Commission("SANBAG")having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to an Interlocutory Judgment in Condemnation, and the Court's previously 4 entering a Final Judgment in Condemnation, and SANBAG and defendants having waived a Statement 5 of Decision,judgment having been entered, and payment having been made in full,no other party or 6 person having or claiming to have an interest in the property being acquired or the compensation to be 7 paid for the property,and good cause appearing: 8 NOW,THEREFORE,IT IS HEREBY ORDERED as follows: 9 1. The easements interests in a portion of the property described as Assessor's Parcel 10 Number 13650102, located at 550 S. E Street, San Bernardino, California,and more particularly 11 described as SANBAG Parcel Number B-185, consisting of a permanent easement of approximately 47 12 square feet, along with a temporary construction easement of approximately 162 square feet, as 13 described in SANBAG's complaint on file in this matter and shown in Exhibit"A"(such permanent 14 easement and temporary construction easement are hereinafter collectively,the"Subject Property"), 15 which are part of a larger parcel owned as described in Exhibit`B" ("Larger Parcel"), is hereby 16 condemned to SANBAG for the purposes of constructing,maintaining and operating the sbX E-Street 17 Corridor Bus Rapid Transit Project("Project"), for the purpose of all necessary and convenient activities 18 associated with the construction of the Project and for public purposes related to the foregoing. 19 2. SANBAG shall maintain reasonable driveway and pedestrian access to the Larger Parcel 20 at all times during the use of the Subject Property and construction and operation of the Project thereon. 21 The temporary construction easement shall commence seven(7)days from the date upon which 22 SANBAG or its authorized representative provides the applicable defendant with written notice of its 23 intent to commence construction utilizing the temporary construction easement and shall terminate on 24 the earliest of(a)the date upon which SANBAG notifies the applicable defendant that it no longer needs 25 the temporary construction easement, (b) six(6) months from the commencement date of the temporary 26 construction easement,or(c)December 31, 2013. 27 3. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 28 public purposes under Article I, Section 19,of the California Constitution, California Public Utilities Code 311638_WOC FINAL ORDER OF CONDEMNATION I section 130220.5,and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 2 for which SANBAG seeks to condemn the Subject Property,to wit, in connection with the Project and 3 for public transit improvements, is and was authorized by law and is and was a public use; the public 4 interest, safety, and necessity require the Project; the Project is and was planned and located in the 5 manner that will be most compatible with the greatest public good and the least private injury; and the 6 Subject Property is necessary for the Project. 7 4. Just compensation has been paid to Tansan Company,a New York partnership 8 ("Defendant"'), and such sum was accepted by the Defendant, as full payment of just compensation for 9 all claims of any nature, including without limitation all claims for severance damages,relocation 10 assistance,business goodwill,real and personal property,fixtures,equipment,damages,compensation, 11 fees,costs, and litigation expenses,other expenses,interest, and any and all other claims which have been 12 or could have been raised in the lawsuit. 13 5. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 14 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 15 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 16 shall be cancelled. 17 18 Dated: 19 JUDGE THE SUPERIOR COURT 20 MAN S. McCARVILLE 21 22 23 24 25 26 27 28 z FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTION & PLAT MAP FOR PERMANENT EASBMENT AND TEMPORARY CONSTRUCTION EASEMENT. :320D E.GLZ Rpad.SWfe.U-1 00.QA e1iu1 •T tci>h�ne:90?Z;.Fr3 COQ-2 JJC-21ir2EC5• %•u:r._pa(zan.com -- FSWIBIT A PERMANENT EASEMENT= AP 013650 t12 THAT PORTION OF LOf_S 1,2,3 AND 4,BLOCK 29,RANCHO SAt�.8E13NARDINO,IN THE CITY OF SAN BERNARDINO,COUNTY'OF_SMS.ERNARDINO,STATF.-'QF'bAI-iFORmIA,A8 PER MAP RECORDED IN BOOK'- 7-PAGE 2.OF MAPS,IN TiiE:7OFFIdE JJF•THE COUNTY RECORbER OP SAID BERNARDINO COONTY;SA1D•. . LAND IS ALSO KNOWN AS F&Ai=L'2 pj f{2ECORD OF SURVEY FILVE)IN BOOK 21,PAGE 45 OFFRI=bOl2b OF - SURVEY;IN THE OFFICE OF 5�i[a GC3UNTY RECOROM D%.CpIBE6 AS FOLLOWS.'- BEGINNING AT THE INTtRSECT1bN.OF THE NORTH LINE OF SAID.PARCEL 2,RECORD OF SURVEY BOOK .21,PAGE 45 ANO THE-WEST I2(6HT OF WAY LINE OF'6"STREET(1-00 FEET WIDE)AS DESCRIBED 114 THE EASEMENT DEED TO'THE CITY OF SAN BERNARDINO RECORDED API2JL 28,1965 IN BOOK 6380.-PA'G,E 912 OFFICIAL RECORDS,IN THE OFFICE OF SAID COUNTY.RE�ORDEl�-THENCE ALONG THE WEST RiGHI" SF WAY LINE OF'E'STREET SOUTH:Q.O'36'15"EAST 25.55 FEET-THENCE SOUTH ALONG E WEST.75 FEET; THENCE NORTH 00"46'2 'WEuT,16.37.FEET;THENCE NORTH 02­42141`-WtST 9.22 FEET TO THE NORTH LINE OF SAID BEGINNING,. THENCE ALONG SAID NORTH LINE*SOUTH 89°48 23"EAST 2.13 FEET TO THE POINT OF BEGINNING,. CONTAINING 47 SQUARE FEET,MORE OR LESS, ALL AS MORE PARTICULARLY SHOWN ON THE SKETCH ATTACHED HERETO AND MADE A PART HEREOF. •DATED THIS 8TH DAY OF JULY,2010 13 ESSjp� CID ROBERT EDWARD STEAFF N . PE 25068 w REGISTRATION.EXPIRES. 213`1111'_ 13'1111 fs �Ofi GA�1�D�" APN 0136 s01-02 ROW Page 1 t MILL DETAIL P01 LOT .`d, BLOCK U RANCHO{jSQM�q 99J���€i� IND �'i't.t:'3 r SEE DETAIL N`LY LIP.'E.. ! ► DOC #2000161030 O.R, 1 az I r Rl Lay 21.BLOCK 29 DOC. #20001,61030 m— REC. 05/0.9/2000 N 5c0r, r " 3v` Z p0a. � BEARING&DISTANCE DATA ] No_' BEARING DISTANCE(FT) l Q S00'36!WE 25.55 1 Q SB9M46'W 1.75 . 5�, 1 41.25 0 NOO.46'2 W 16.37 40 N0Z°4Z46"W 9.22 S89°4823 E 213 0 Y SKETCH OF PERMANENT EASEMENT AREA APH IU-501-02 r " - a FDA -.. :714,8itxe riplj.Onwb.G,911 C., ':e iao1Y.; --. . . -=�° 1^a-Sa�O.•�•��C;t-�tti:' J:;• �:��v.�.:r_ri�.cxn EXHISITA TEMPORARY CONSTRUCTION EASEMENT AP 0736-00#-02 THAT PORTION OF LOTS 1,2,3 AND 4,BLOCK 29,RANCHO SAN BERNARDINO,IN THE CITY OF SAN BERNARDINO,COUMY OF SAN RERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED 7,PAGE 2 OF MAPS,IN'.tHE OFFICE OF THE COUNTY 1N BOOK RE.CChDER OF SAN BERNARDINO COUNTY,SAID LAND IS ALSO KNOWNAS PARCEL 2 ON RECORD OF SURVEY,FILET?IN BOOK21;PAGE 45 OF RECORD OF ' SURVEY:.N'THE OFFICE OF SAtb COUNTY RECORDER;DESCPJ13 )AS`FC LL-C)i S COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SA16 PARCEL 2,RECORD OF SURViFY-BOOK 21:PAGE 45 AND THE WEST RIGHT OF WAY LINE OF-E"STREET(100 FEET WIDE)AS DESCRIBED IN THE EASEMENT DEED TO THE CITY OF SAN BERNARDINO RECORDED AARIL 28,1965 IN BOOK 6380,PAGE 312 OFFICIAL.RECORDS.IN THE OFFICE OF SAID COUNTY RECORDER;THENCEALONG THE NORTH LINE OF SAID PARCEL 2 NORTH 89'48'23"W EST 213 FEET TO THE TRUE POINT-'Q 139GINNING;THENCE SOUTH 02°42'46"EAST 922 FEEY.THEIx SOUTH 00°46`26 EAST 16.37 FEET: ALONCE'NORT3189°2345"EAST 1.75 FEET TTO-SAID WEaT RIGHT OF WAY LINE OF''E`STREET;THENCE ALONG 5AID WEST LINE.SOUTH 00°36'15'.EAST 5.00 FEET,THENCE SO"i.89°23'45-WEST 6.73 FEET; THENCE NORTH Od°46'26"*WEST 2127 FEET;THENCE NORTH 02°42'46"WEST 9.39 FEET TO SAID NORTH LINE OF PARCEL 2;°THENCE ALONG SAID NORTH LINE SOUTH 89'48'23°EAST 5.01 FEET TO THE TRUE P:.OIN'I'OF i�EGtliNiNO.. CONTAINING 182 SQUARE FEET,MORE OR LESS, ALL AS MORE PARTICULARLY SHOWN ON THE SKETCH ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 8TH DAY OF JULY.2010 REGISTRATION EXP . S12131111 25068 7m, ' �Ptaoi3c-soi-o2rcE - . ._ .. Ngel Q MILL MEET O BEARING&k1[STANCE DATA 6 q No. BEARING DISTANCE(F7) OETA(!. _ Q. N89°48'23"W- 213 §or4z46"E 9.22 4A f��Lo- p cc33 S00.4626"E 16.37 k' 5� + N89'23'45°E •1.75 �r�ANCHO SAau t5rm ���v049 i Q S00.35.15E 5.00 Y ©-. 889'23'4.W 8.73 Q t010*4 62 1.27 © 42'46"W 9:39 SEE 0( FAIL OO 48'23"E 5.01 L L'. L UNE / DOC 411120001c':030 O.R. } �M DOC- #2000161030 O.R_ E R .C. 05/09/200.0 J 50, _ 5p, l f t 41.25' s a - a SKETCH OF TEMPORARY CONSTRUCTION EASEMENT AREA APH 138-bD1-02- �'�1�Pi4�iA�iX �Oti$7321f�71t�N 1:�I�E1��Ti7 1'-yip' n E XHIBIT B LEGAL DESCRIPTION OF LARGER PARCEL The land referred to herein is situated in the State of California,County of San Bernardino,and described.a!§follows:. ' -- THE NORTH 100 FEET MORE OR LESS,OF THE FOLLOWING DESCRIBED P_ROPERTY AS MEASURED ALONG THE EAST LINE OF SAID PROPERTY. THAT PORTION OF LOT 1,2,3,AND 4,BLOCK 29,RANCHO SAN BERNARDINO,AS SHOWN BY MAP-ON FILE IN BOOK 7 PAGE(S)2 OF MAPS,RECORDS OF SAN BERNARDINO :. _COUNTY,CALIFORNIA,:ALSO.SHOWN AS PARCEL.NO.2 ON A MAP OF RECOItD:OF- . SURVEY FILED IN BOOK 21 PAGE 45 RECORD OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SA.IDCOUN TY,'DESCRTBED AS FOLLOW: COMMENCING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF COLTON AVENUE, 100.00 FEET WIDE,AND THE WEST LINE OF"E"STREET,82.50 FEET WIDE,AS SHOWN ON R8CO'RD.OF SURVEY,RECORDED IN BOOK 1,PAGE 76,RECOIID OF.-SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;THENCE SOUTH 00 DEG. 00'50"EAST,207.00 FEET ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING,NORTH 89 DEG.34'-13"WEST, 170.64 FEET TO THE SOUTHEASTERLY LINE OF SAID COLTON A VENUE;THENCE SOUTH 39 DEG. 40'00"WEST,232.76 FEET ALONG SAID SOUTHEASTERLY LINE TO ITS INTERSECTION WTTN THE WEST LINE OF THE EAST HALF OF SAID LOTS 2,3,AND 4;THENCE'SOUTH 00 DEG 01'58"WEST,592.18 FEET ALONG SAID WEST LINE OF THE EAST HALF OF LOTS 2,3 AND 4 TO A POINT ON THE EASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN DEED TO THE SAN BERNAR.DINO COUNTY FLOOD CONTROL DISTRICT,RECORDED AUGUST 30,1960,IN BOOK 5224,PAGE 511 OF OFFICIAL RECORDS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,SAID POINT BEING A NONTANGENT CURVE CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 2060.00 FEET,A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 61 DEG.05'49-WEST;THENCE SOUTHEASTERLY 231.61 FEET ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 06 DEG. 26'31"TO THE SOUTH LINE OF SAID LOT 4:THENCE NORTH 89 DEG 21'00-EAST,219.49 FEET ALONG THE SOUTH LINE OF SAID LOT 4 TO THE WEST LINE OF"E"STREET;THENCE NORTH 00 DEG 00'50"WEST,976.20 FEET ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING_. B 18-0136-501-02 EXHIBIT "5" PARCEL NO. B-209 (FINAL ORDER) [SEE ATTACHED] PLEASE COMPLETE"THIS INFORMATION. Recorded in Official Records, County of San Bernardino 9/23/2011 RECORDING REQUESTED BY: `" r," DENNIS DRAEGER 3:11 PM �mRvxau ASSESSOR — RECORDER — CLERK EM San Bernardino Associated Governments,a Joint Powers Authority,acting as the San Bernardino a County Transportation Commission P Counter AND WHEN RECORDED MALI,To: Doc#: 2011 —0401525 Pages: 12 Rick E. Rayl Titles: 1 Pa Nossaman LLP Fees 0.09 18101 Von Karman Avenue,Suite 1800 I Taxes 0.00 Irvine,CA 92612 Other 0.00 PAID $0.00 [EXEMPT FROM FILING FEES- GOV.CODE, §6103] THIS SPACE FOR-RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Forin#R25 American Lega]Net,Inc. wW W.U$CourtFonns.com 1 NOSSAMAN LLP F ; L c D RICK E. RAYL SBN 174257 SUPERIOR c6UR7 0=CALIFORNIA ( ) cOtJNTY OF SAN RERNARDINO 2 rrayl @nossaman.com SAN 5FRNAROINO CIVIL OIVISON BRADFORD B. KUHN (SBN 245866) 3 bkuhn @,nossaman.com 4 Special Counsel -.1 18101 Von Karman Avenue, Suite 1800 �y � --�'-- 5 Irvine, CA 92612 Deputy Telephone: (949) 833-7800 6 Facsimile: (949) 833-7878 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1104948 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DAVID S. COHN. DEPT. S35 17 Plaintiff, ] FINAL ORDER OF 18 vs. CONDEMNATION 19 WM INLAND ADJACENT LLC, a Delaware [Parcel No. B-209] limited liability company; 20 DOES 1 Through 100, Inclusive; and ALL PERSONS UNKNOWN CLAIMING ANY 21 TITLE OR INTEREST IN OR TO THE 22 PROPERTY DESCRIBED HEREIN, Action Filed: April 15, 2011 23 Defendants. [EXEMPT FROM FILING FEES- GOV. 24 CODE, § 61031 25 26 27 F s' 28 memo. 311712 LDOC FINAL ORDER OF CONDEMNATION 1 Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission("SANBAG")having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to a Final Judgment in Condemnation, and SANBAG and defendants 4 having waived a Statement of Decision,judgment having been entered, and payment having been made 5 in full, no other party or person having or claiming to have an interest in the property being acquired or 6 the compensation to be paid for the property, and good cause appearing: 7 NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit "A," described as Assessor's Parcel 9 Number 0136-511-01, located at 794 S. E Street, San Bernardino, California, and more particularly 10 described as SANBAG Parcel Number B-209, consisting of a permanent easement of approximately 130 11 square feet, along with a temporary construction easement of approximately 513 square feet, as 12 described in SANBAG's complaint on file in this matter("Subject Property"), is hereby condemned to 13 SANBAG for the purposes of constructing, maintaining and operating the sbX E-Street Corridor Bus 14 Rapid Transit Project ("Project"), for the purpose of all necessary and convenient activities associated 15 with the construction of the Project and for public purposes. The temporary construction easement shall 16 commence seven (7)days from the date upon which SANBAG or its authorized representative provides 17 the applicable defendant with written notice of its intent to commence construction utilizing the 18 temporary construction easement and shall terminate on the earliest of(a) the date upon which 19 SANBAG notifies the applicable defendant that it no longer needs the temporary construction easement. 20 (b) six (6) months from the commencement date of the temporary construction easement, or(c) 21 December 31, 201'). 22 2. Additionally, SANBAG and WM Inland Adjacent LLC, a Delaware limited liability 23 company ("Defendant") agreed to the following provisions: (a) SANBAG shall ensure the entrances to 24 the Inland Center Mall through North Mall Way and South Mall Way shall be kept open for vehicular 25 and pedestrian access at all times during construction activities, and(b) SANBAG shall apply for the 26 Court's entry of the Final Order of Condemnation promptly after Defendant has received the just 27 compensation described in the Final Judgment in Condemnation, which, upon approval, shall be 28 311712 LDOC I FINAL ORDER OF CONDEMNATION I promptly recorded. SANBAG shall remove its lis pendens from title concurrently with or promptly 2 following the recordation of the Final Order of Condemnation. 3 I SANBAG is and was authorized and entitled to exercise the power of eminent domain for 4 public purposes under Article I, Section 19, of the California Constitution, California Public Utilities Code 5 section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 6 for which SANBAG seeks to condemn the Subject Property, to wit, in connection with the Project and 7 for public transit improvements, is and was authorized by law and is and was a public use; the public 8 interest, safety, and necessity require the Project; the Project is and was planned and located in the 9 manner that will be most compatible with the greatest public good and the least private injury; and the 10 Subject Property is necessary for the Project. 11 4. Just compensation has been paid to Defendant, and such sum was accepted by the 12 Defendant, as full payment of just compensation for the acquisition of the Subject Property and the 13 construction of the Project in the manner proposed, including, but not limited to, severance damages, 14 loss of goodwill, loss of or damage to improvements pertaining to the realty, fixtures. equipment, and/or 15 inventory, precondemnation damages, relocation benefits, and claims for attorneys' fees, litigation 16 expenses, statutory costs, and interest pertaining to this action. 17 5. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 18 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 19 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 20 shall be cancelled. 21 22 Dated: 7/7 JUDGE OF THE SUPERIOR COURT U�d OO C 1i 24 25 26 27 28 2 FINAL ORDER OF CONDEMNATION i i EXHIBIT A LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT PARSONS 320C E O'IaMl U".0-1,100.CA 9,761 :HC'.^i..,7 f?Ci&,^.if:-?_drJ-°gr.Ql-)-27 EXHIBIT A RIGHT OF WAY AP 0136-511-01 THAT PORTION OF LOT 35,IN BLOCK 54 OF RANCHO SAN BERNARDINO,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7,PAGE 2 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.TOGETHER WITH THAT PORTION OF SOUTH"E'STREET,VACATED PER RESOLUTION RECORDED JANUARY 11,1961 IN 800K 5324,PAGE 293 OF OFFICIAL RECORDS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,ADJOINING SAID LOTS IN THE EAST,SAID LAND ALSO DESCRIBED AS PARCEL 2,IN THE GRANT DEED TO W M INLAND INVESTORS IV,LLC,RECORDED FEBRUARY 3,2004 AS DOCUMENT NO.2004- 0081491 OFFICIAL RECORDS,IN THE OFFICE OF SAID COUNTY RECORDER,DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 1 DESCRIBED IN THE EASEMENT DEED TO THE CITY OF SAN BERNARDINO RECORDED IN BOOK 6674,PAGE 668,OFFICIAL RECORDS,IN THE OFFICE OF SAID COUNTY RECORDER,SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET,A RADIAL BEARING TO SAID CURVE BEARS SOUTH 89°30'57"WEST;THENCE SOUTHWESTERLY 31.66 FEET ALONG SAID CURVE AND THE NORTHERLY LINE OF SAID EASEMENT DEED THROUGH A CENTRAL ANGLE OF 90°2537";THENCE CONTINUING ALONG THE NORTH LINE OF SAID EASEMENT DEED SOUTH 89'56'35'WEST 0.71 FEET;THENCE NORTH 44'43'46'EAST 29.40 FEET TO THE EAST LINE OF PARCEL 2 AS DESCRIBED IN SAID GRANT DEED,DOCUMENT NO-2004- 0081491 OFFICIAL.RECORDS;THENCE ALONG SAID EAST LINE SOUTH 00°29'04"EAST 0.71 FEET TO THE POINT OF BEGINNING. CONTAINING 130 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 4TH DAY OF AUGUST,2010 oQ�pFESSJp i . �C --- 0. _� ROBERT EDWARD STF F PS' E 26068 Z `' REGISTRATION EX00ES 12131/11 C1VIl ��C �'OP GA1-�F�� ST'uf S APN 0136-0511-01 ROW Pape 1 BEARING A DISTANCE DATA r CURVE DATA No. BEARING DISTANCE(FT) NOT R_� _A__ _L_ N89'58'35"E 0.71 (1 20.00 90'25'SY' 31.56 3 544'43'46'4! 29.40 N00'29'04"W 1 0.71 ffm aQ•p� � � O J moo° VARIES 50' an w aTm-a ='o'o VACATED "E" STREET 0rta ao,. PER RES. 1/11/61 �� CLICj BOOK 5324/293 O.R. 1 �a co° . I w (L .w J= L cf) 6 D LU a 3 L� j� P.O.B. C I ' Q PCI . 116674 /658 O.R. (RA0) NORTH MALL WAY o rn gg 1 0 EXHIBIT 'EB PARSONS �` osnsrtalo 3290 EAST QUATTT 0910,SUITE :0o APN lg8 bfl 41 1��0 0 ORTAFIO,CALIYOMMU 11Tll RIGHT OF WAY of 1 g l LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT PARSONS 320,E.Claa>f:Rcm)Soil¢20,Oolxi.,C1 91761 .r...,menu:939 2j8-3::?0•=a::cJ92;C-_?A]- :...n.Aarsrastoo, EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0136-511-01 THAT PORTION OF LOT 35,IN BLOCK 54 OF RANCHO SAN BERNARDINO,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO.STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7,PAGE 2 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,TOGETHER WITH THAT PORTION OF SOUTH"E"STREET,VACATED PER RESOLUTION RECORDED JANUARY 11,1961 IN BOOK 5324,PAGE 293 OF OFFICIAL RECORDS.IN THE OFFICE OF THE COUNTY RECQRDER OF SAID COUNTY.ADJOINING SAID LOTS IN THE EAST,SAID LAND ALSO DESCRIBED AS PARCEL 2,IN THE GRANT DEED TO WM INLAND INVESTORS IV,LLC,RECORDED FEBRUARY 3,2004 AS DOCUMENT NO.2004- 0081491 OFFICIAL RECORDS,IN THE OFFICE OF SAID COUNTY RECORDER,DESCRIBED AS FOLLOWS: PARCEL,A COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 2,DOCUMENT NO.2004-0081491 OFFICIAL RECORDS;THENCE ALONG THE EAST LINE OF SAID PARCEL SOUTH 0029'04"EAST 66.91 FEI:TTO THE TRUE POINT OF BEGINNING THENCE CONTINUING ALONG SAID EAST LINE SOUTH 00"29'04'EAST 73.35 FEET TO POINT'A';THENCE 9.00'29'04"E.,A DISTANCE OF 73.35 FEET,THENCE N.55°17'24"W.,A DISTANCE OF 6.12 FEET;THENCE N.00-29'04-W„A DISTANCE OF 63.16 FEET;THENCE N.36°23'08"E.,A DISTANCE OF 8.33 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 341 SQUARE FEET.MORE OR LESS. PARCEL B COMMENCING AT SAID POINT"A'.THENCE ALONG EAST LINE OF SAID PARCEL 2 SOUTH 00"29'04'EAST 27.74 FEET TO THE TRUE POINT OF BEGINNING;THENCE 9.00°29'04"E.,A DISTANCE OF 7.05 FEET; THENCE S.44°43'46"W.,A DISTANCE OF 29.40 FEET;THENCE 5.89°56'35^N..A DISTANCE OF 7.05 FEET; THENCE N.44'43'46'E.,A DISTANCE OF 39.32 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 172 SQUARE FEET,MORE OR LESS. PARCELS A AND B COMBINED CONTAINING 513 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 16TH DAY OF JULY,2010 9QFpfESS/� y�m _ti rn 2 ROBERT DWARD lffgAFW,PE 25068 REGISTRATION EXPIRES lZ13111 1 `rte CIVIL tip OFD GAL1FpQa APN 013b511-01 TGE Page 1 BEARING & DISTANCE DATA No. BEARING DISTANCE (FT) Cl) N00'29'04"x T3.35 (9) 444'43'46"E 29.40 SSS-17-24"El 6.12 A N89'S6'35`E 7.05 F 3) S00'29'04"E 63.16_ S49'43'16'W J9.J2 4 S36'23'08"t4 8.33 S N00'29'04"IT 65.91 6_ NOO'29'04"II 27.74 P.O.C. 7 N00'29'04"1I 7.05 5 VARIES 50' VACATED "E" STREET PER RES. 11/11/61 BOOK 5324/293 O.R. vm aw J ® ? � m N�;QO 5, J® _lQN ®� pM PARCEL A u6D� QOO L D—Lm I ILI Cal ONU CL I� a L h rr� 6 POINT "A' � o 2 T P.0-$ c� PC Y 1 16674/658 O.R. B 7 u 8 PARCEL B "s 9 O M NORTH MALL WAY o �1 M Il 0 EXHIBIT "B " PARSONS Y` anw2oto 3:oo EASr GUAM A019,sollf zoO APN 130-511-01 OATAA 10,CAt.tf9RRIA 6141 TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "6" PARCEL NO. B-211 (EASEMENT DEED) [SEE ATTACHED] I I I I RB P%"10-\-�� �� poi•rt% RECORDING REQUESTED BY: 61�3Yr Lawyers Title Insurance Company 275 W.Hospitality Lane, Ste.200 San Bernardino,CA 92408 Escrow and Order No.0V100-.a 't1 'iG-l0 WHEN RECORDED MAIL TO: SAN BERNARDINO ASSOCIATED GOVERNMENTS sbX Project'Offtcc 1170 W. 3`d Street,2nd Floor San Bernardino,California 92410-1715 Portions APN(s):0136-511-10 EXEMPT FROM RECORDING FEES PER GOVT.CODE§27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV.&TAX CODE§11922 EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Judy Ying Ng, Trustee of the George Ng and Judy Ying Ng Trust dated 9/11/91 ("Grantor") do hereby GRANT and CONVEY to San Bernardino Associated Governments acting as the San Bernardino County Transportation Commission("Grantee"), and its successors and assigns, an easement for public street purposes over and across, that certain portion of real property located in the County of San Bernardino, State of California, more particularly described in the legal description attached hereto. SEE LEGAL DESCRIPTION SET FORTH IN EXHIBIT"A"AND MAP OF REAL PROPERTY SET FORTH IN EXHIBIT"B", both of which Attachments are incorporated by this reference. IN WITNESS WHEREOF,Grantor has caused this instrument to be executed on the date set forth below. Dated: 7 P-'1 13,-2 o> GRANTOR: Judy Ying Ng,Trustee of the George Ng and Judy yi Ig Trust dated 9/11/91 Ying Ng,Trustee NOTARY ACKNOWLEDGMENT (California Ail-Repose Acknowledgment) STATE OF CALIFORNIA ) )ss. COUNTY OF zvsnye�� ) On 13 , 2411 before me, notary public, personally appeared T00%j N 1N G who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/Ae subscribed to the within instrument and acknowledged to me that He/she/*y executed the same in hkherhth it authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 0 t Signature of N otary is NOWr pow-co Los Anon cotes �.µ_WMYCOMM.Expires Aug 29,2012 EXHIBIT"A"TO EASEMENT DEED Legal Description of Easement [APN(s): 0136-511-101 [attached behind this page] N . _..G,: ,.c. .,i:f,..�.r.irf.,...- r.... :'$,:iC.:.. ...:yi�-.-.r ��_ +..-..:':I . .Y.'.:•_'•:('.:JJ',......I: EXHIBIT A RIGHT OF WAY AP 0136-511-10 THAT PORTION OF LOT 35, IN BLOCK 54 OF RANCHO SAN BERNARDINO,IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7,PAGE 2 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,TOGETHER+MITI I THAT PORTION OF SOUTH"E"STREET,VACATED PER RESOLUTION RECORDED JANUARY 11. 1961 IN BOOK 5324,PAGE 293 OF OFFICIAL RECORDS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,ADJOINING SAID LOTS IN THE EAST,DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF NORTH MALL WAY(30.00 FEET HALF WIDTH)AND"E°STREET (61.41 FEET HALF WIDTH);THENCE WESTERLY ALONG THE CENTERLINE OF NORTH MALL WAY, S.89°56'35"W.,A DISTANCE OF 81.04 FEET;THENCE S.00°03'25"E.,A DISTANCE OF 30.00 FEET TO THE SOUTHERLY LINE OF NORTH MALL WAY,SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;SAID POINT ALSO BEING THE BEGINNING OF A TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES S.00°03'25"E.,A RADIAL DISTANCE OF 20.00 FEET;THENCE SOUTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 53°55'31",A DISTANCE OF 18.82 FEET;THENCE S.89°56'35"W.,A DISTANCE OF 16,74 FEET;THENCE N.00°0376W.,A DISTANCE OF 8.22 FEET TO THE SOUTHERLY LINE OF SAID NORTH MALL WAY;THENCE N.89'W35''E.,ALONG SAID SOUTHERLY LINE,A DISTANCE OF 0.57 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 98 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT 6 ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 16TH DAY OF SEPTEMBER,2010 Q�aI Ess/o,�� JNr�Q�a`�Apo r�F , <y � us CC / 11 sc� 2a mss# ROBERT 66WARD TE ENS,PE 25068 REGISTRATION EXPIRES 12/31/11 APN 0136-511-10 ROW �� - Vage 1 EXHIBIT"B"TO EASEMENT DEED Map of Real Property [APN'(s).0136-511-10] [attached behind this page] n1 0 LO O C? M o`r' P.O.C. NORTH MALL WAY ° S89 05635"W 81.04 0 3 T.P.0.B. SEE DETAIL 4 2 1 N53"52'06"E (RAD) 61.41' 50' VACATED "E" ST. PER RES. 1/11/61 BOOK 5324/293 BEARING & DISTANCE DATA No, BEARING 01S7ANCE(FT). 1 N89°5635"E 16.74 2 SW0315"E 8.22 a v 3 S89°56'35"1E 0.57 o Lu L W " CURVE DATA No. A A E V1 s -0 20.Op 53°55'31" 18.82 1 m 43d S00"03'25"E , - T.P.O.B. (RAD) f 4 2 D N � / m DETAIL T �g p E X H N B IT PARSONS 06/23/2010 ; ROO EAST r,UASTi NOAQ, SQJTE ZOO APN 136-.511-10 OaT°RIQ,CAL1%Q;1%1A °.+'L] " RIGHT OF WAY °""" 1 of 1 a ttECOHDING REQUkS 1 LU by Lawyers Title Insurance Company AND WHEN RECORDED MAIL DOCUMENTAND TAX STATEMENT TO: NNE San Bernardino Associated.Governments sbX Project Office Attn:Ryan Graham STREET 1170 W.3"Street,2n4 Floor ADDRESS CtTY,STATE& San Bernardino,CA 92410-1715 zip COPE T6LE.OROER NO.,11653312 9SCROW NO- 11653912 SPACE ABOVE THIS LINE FOR RECORDEFVS USE ONLY CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated January 13, 2011, from Judy Ying Ng, Trustee of the George Ng and Judy Ying Ng Trust dated 9111191 (OWNERIGRANTOR) to the San Bernardino Associated Governments(SANBAG) acting as the San Bernardino County Transportation Commission (GRANTE=E), by the within instrument,the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officers) on behalf of SANBAG pursuant to authority conferred by the SANBAG Board of Directors Agenda Item 22, adopted on February 2, 2011, and the GRANTEE consents to recordation thereof by its duly authorized officer. Descriptionfidentification of real property_808 South E Street,San Bernardino,CA 92408 Dated: Plw/ . By: 'f Z � Deborah Robinson Barmack,E=xecutive Director STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO yyff --On � � before me, L1[c Pub iC- (Date) (NarAe and title of the officer) personally appeared p{` -U m w— .who proved to me on the basis of (Name of person signing satisfactory evidence to be the person(s) whose nameX is/am-subscribed to the within instrument and acknowledged to me that halsheltbey executed the same in k+it/hertthii r authorized Capacity' ), and that by hisiherAheir-signature(y) on the instrument the person(),or the entity upon behalf of which the person()acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of officer ANNA AL0AiVA (Seal) Cammisalos*18353$8 z •w Notary Public•California z sari BernafdinoCounty My Comm.Ex ire3 Mar 6,2013 EXHIBIT "7" PARCEL NO. B-233 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,County of San Bernardino 10/24/2011 PLEASE COMPLETE THIS INFORMATION. .'` DENNIS DRAEGER 12:41 PM ; ASSESSOR — RECORDER — CLERK KB RECORDING REQUESTED BY: San Bernardino Associated Governments,a Joint `'" P Counter Powers Authority,acting as the San Bernardino County Transportation Commission Doc#: 2011 —0442774 Titles: 1 Pages: 18 AND WHEN RECORDED MAIL TO: Fees 0.00 Rick E.Ray] Taxes 0.00 Nossaman LLP other 0.00 18101 Von Karman Avenue,Suite 1800 PAID $0.00 Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, 6103] THIS SPACE FOR RECORDERS USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) I THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 American LegaINe%Inc. Rec.Form M5 www.USCourtFo_.com 1 NOSSAMAN LLP RICK E. RAYL (SBN 174257) SUPERIOR COURT OF CALIFORNIA 2 rrayl @nossaman.com COUNTY OF SAN BERNARDINO BRADFORD B. KUHN (SBN 245866) SAN BERNARDINO CIVIL DIVISION 3 bkuhn @nossaman.com OCT 1 4 2011 4 Special Counsel 18101 Von Karman Avenue, Suite 1800 By 5 Irvine, CA 92612 Deputy Telephone: (949) 833-7800 6 Facsimile: (949) 833-7878 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1104954 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DAVID S. COHN, DEPT. S35 17 Plaintiff, bc_. { ] FINAL ORDER OF 18 vs. CONDEMNATION 19 MOSS SAN BERNARDINO PROPERTIES, [parcel No. B-233] LLC, a California limited liability company; 20 MOSS BROS., INC., a California corporation, dba MOSS BROS. DODGE; 21 COMERICA BANK, a Michigan banking Action Filed: April 15, 2011 22 corporation; DOES 1 Through 100, Inclusive; and 23 ALL PERSONS UNKNOWN CLAIMING ANY [EXEMPT FROM FILING FEES - GOV. TITLE OR INTEREST IN OR TO THE CODE, § 61031 24 PROPERTY DESCRIBED HEREIN, 25 Defendants. 26 27 28 7 311723_1.DOC FINAL ORDER OF CONDEMNATION v i 1 Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission("SANBAG") having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to a Final Judgment in Condemnation, and SANBAG and defendants 4 having waived a Statement of Decision,judgment having been entered, and payment having been made 5 in full,no other party or person having or claiming to have an interest in the property being acquired or 6 the compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE,IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit"A,"described as Assessor's Parcel 9 Numbers 13652205, 13652204, 13652233, and 13652236, located at 1100 S. E Street, San Bernardino, 10 California, and more particularly described as SANBAG Parcel Number B-233, consisting of a 11 permanent easement of approximately 4 square feet, along with a temporary construction easement of 12 approximately 139 square feet, as described in SANBAG's complaint on file in this matter("Subject 13 Property"),is hereby condemned to SANBAG for the purposes of constricting, maintaining and 14 operating the sbX E-Street Corridor Bus Rapid Transit Project ("Project"), for the purpose of all 15 necessary and convenient activities associated with the construction of the Project and for public 16 purposes. The temporary construction easement shall commence seven(7) days from the date upon 17 which SANBAG or its authorized representative provides the applicable defendant with written notice 18 of its intent to commence construction utilizing the temporary constriction easement and shall terminate 19 on the earliest of(a) the date upon which SANBAG notifies the applicable defendant that it no longer 20 needs the temporary construction easement, (b) six (6)months from the commencement date of the 21 temporary construction easement, or(c) December 31, 2013. 22 . 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 23 public purposes under Article I, Section 19, of the California Constitution, California Public Utilities Code 24 section 130220.5,and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 25 for which SANBAG seeks to condemn the Subject Property,to wit, in connection with the Project and 26 for public transit improvements, is and was authorized by law and is and was a public use;the public 27 interest, safety, and necessity require the Project; the Project is and was planned and located in the 28 311723 l.DOC 1 FINAL ORDER OF CONDEMNATION I manner that will be most compatible with the greatest public good and the least private injury; and the 2 Subject Property is necessary for the Project. 3 3. Just compensation has been paid to Moss San Bernardino Properties, LLC, a California 4 limited liability company, and Moss Bros., Inc., a California corporation, dba Moss Bros. Dodge 5 (collectively, "Defendants"), and such sum was accepted by the Defendants, as full payment of just 6 compensation for all claims of any nature, including without limitation all claims for severance damages, 7 relocation assistance,business goodwill,real and personal property,fixtures,equipment,damages, 8 compensation, fees,costs, and litigation expenses, other expenses, interest,and any and all other claims 9 which have been or could have been raised in the lawsuit. 10 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 11 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 12 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 13 shall be cancelled. 14 ` 15 Dated: JUDG OF THE SUPERIOR COURT 16 DAVID COHN 17 18 19 20 21 22 23 24 25 26 27 28 2 FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACE14ENT"1" The land referred to herein is situated in the State of California,County of San Bernardino, City of San Bernardino,and described as follows: Parcel 1: That portion of Lots 29 and 38, Block 54, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, Page 2, in the Office of the County Recorder of said County, described as follows: Beginning at the intersection of the West line of South "E" Street as described in easement deed to the City of San Bernardino, recorded April 22, 1965 in Book 6376, Page 311, Official Records of said County with the Northwesterly line of that certain Parcel described as "Parcel 1" in deed to Portia K.Anderson recorded March 22, 1963 in Book 5875, Page 464, Official Records of said County; Thence South 620 34' 00"West along said Northwesterly line, 346.87 feet to the Northeast comer of the property conveyed to Meeks and Daley Water Company by Deed recorded June 23, 1934, in Book 971, Page 321, Official Records of said County; Thence South 0° 05' 15"West along the East line of said Meeks and Daley property, 145.66 feet(recorded South 144 feet)to the North line of the property conveyed to J. W.Anderson by Deed recorded February 24; 1932 in Book 786, Page 340, Official Records of said County; Thence South 890 59' 00"West along said North line, 187.34 feet to the Easterly boundary of the Parcel described in Deed to the San Bernardino County Flood Control District recorded September 20, 1962 in Book 5770, Page 277, Official Records of said County; Thence Southerly along said boundary and along a non-tangent curve concave Southeasterly with a radius of 265.00 feet from an initial tangent bearing South 19" 11' 44"West and through a central angle of 19° 11' 44", a distance of 88.78 feet; Thence continuing along said boundary, South (recorded South 0° 38' 00" _ West) 62.69 feet to the South line of that certain Parcel described as "Parcel 2"in said Deed to Portia K. Anderson recorded March 22, 1963 in Book 5875, Page 464, Official Records of said County, Thence South 890 59' 08" East along said South line, 510..16 feet to said West line of South°E" Street; Thence North along said West line, 455.58 feet to the point of beginning. Parcel 2: That portion of Lots 29 and 38, Block 54,-Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of Califomia, as per Plat recorded in Book 7 of Maps, Page 2, in the Office of the County B2334136-M-01;05;33&36 Recorder of said County, described as follows: Beginning at the intersection of the West line of South"E" Street as described in Easement Deed to the City of San Bernardino, recorded April 22, 1965 in Book 6376, Page 311, Official Records of said County with the Northwesterly line of that certain Parcel described as"Parcel 1'in deed to Portia K.Anderson recorded March 22, 1963 in Book 5875, Page 464, Official Records, of said County; Thence South 620 34' 00"West along said Northwesterly line, 346.87 feet to the Northeast comer of the property conveyed to Meeks and Daley Water Company by Deed recorded June 23, 1934, in Book 971, Page 321, Official Records of said County; Thence South 00 05' 15"West along the East line of said Meeks and Daley property, 145.66 feet(recorded South 144 feet) to the North line of the property conveyed to J.W.Anderson by Deed recorded February 24, 1932 in Book 786, Page 340, Official Records, of said County; Thence South 89°59'00"West along said North line, 187.34 feet to the Easterly boundary of the Parcel described in Deed to the San Bernardino County Flood Control District recorded September 20, 1962 in Book 5770, Page 277, Official Records of said County; Thence Northeasterly along said boundary and along a non-tangent curve concave Southeasterly with a radius of 265.00 feet, from an initial tangent bearing North 19° 11' 44" East and through a central angle of 42° 00' 10", a distance of 194.28 feet; Thence continuing along said boundary, North 61' 11' 54" East(recorded South 610 49' 54'West)425.46 feet to said West line of South "E" Street; Thence South 44.55 feet to the point of beginning. Parcel 3: That portion of Lot 38, Block.54, Rancho San Bernardino, as per Plat recorded in Book 7 of Maps, Page 2, records of San Bernardino County, as described in Deed to Homart Development Company, recorded December 4, 1962, in Book 5812, Page 414, Official Records of said County, lying within the following described parcel of land: Beginning at the point of commencement in the description of that parcel of land identified as Parcel 23, in said document recorded September 14, 1962, in Book 5767, Page 985; Thence.along the Southwesterly line of said description, the following six courses, South 60° 50'48"West, 313.42 feet to a point hereinafter referred to as"Point A"; Thence continuing South 600 50'48"West, 169.34 feet; Thence Southwesterly 283.05 feet along a tangent curve, concave Southeastedy, having a radius of 265.00 feet and a central angle of 61° 11' 54A; 8233-0136-522-01;05,33&36 Thence South 00" 21' 06" East, 265.51 feet; Thence Southwesterly 301.63 feet along a tangent curve, concave Northwesterly, having a radius of 335.00 feet and a central angle of 51' 37' 25"; Thence North 770 51' 08"West, 15.08 feet to a point in a line that is parallel with and distant 50.00 feet Easterly from the Northeasterly line of that parcel of land described in Deed to the State of California in document recorded December 17, 1956 in Book 4110, Page 416, Official Records of said County; Thence leaving said Southwesterly line and along said parallel line, North 28° 36' 54"West, 743.65 feet; Thence leaving said parallel line, North 61' 19' 21" East, 241.27 feet; Thence Northeasterly 443.56 feet along a tangent curve, concave Southeasterly, having a radius of 1548.00 feet and a central angle of 16° 25' 03"; Thence North 770 44' 23" East, 132.32 feet; Thence North 11' 59' 20"West, 2.00 feet to a point hereinafter referred to as"Point B"; Thence North 78° 00' 32" East, 303.98 feet to a point in the centerline of said South "E" Street; Thence South 00° 37'44"West, 22.43 feet along said centerline to the point of beginning. Parcel 4: Those portions of Lot 29 and 38, Block 54, Rancho San Bernardino, as per plat recorded in Book 7.of Maps, Page 2, records of San Bemardino County, lying within the following description parcel of land: Beginning at the point of commencement in the description of that parcel of land identified as Parcel 23, in said document recorded September 14, 1962, in Book 5767, Page 985; Thence along the Southwesterly line of said description,the following six courses, South 600 50'48"West, 313.42 feet to a point hereinafter referred to as"Point A"; Thence continuing South 60° 50' 48"West, 169.34 feet; Thence Southwesterly 283.05 feet along a tangent curve, concave Southeasterly, having a radius of 265.00 feet and a central angle of 61' 11' 54"; Thence South 000 21'06" East, 265.51 feet; Thence Southwesterly 301.83 feet along a tangent curve, concave Northwesterly, having a radius of 335.00 feet and a central angle of 51' 3T 25"; Thence North 770 51'08°West, 15.08 feet to a point in a line.that is parallel with and distant 50.00 feet Easterly from.the Northeasterly line of that parcel of land described in Deed to the State of Califomia in document recorded December 17, 1956 in Book 4110, Page 416, Official B233-0136-522-01;05;33&36 I Records of said County; Thence leaving said Southwesterly line and along said parallel line, North 28° 36' 54"West, 743.65 feet; .Thence leaving said parallel line, North 61' 19' 21' East, 241.27 feet; Thence Northeasterly 443.56 feet along a tangent curve, concave Southeasterly, having a radius of 1548.00 feet and a central angle of 16° 25' 03"; Thence North 770 44' 23" East, 132.32 feet; Thence North 11° 59' 20"West, 2.00 feet to a point hereinafter referred to as"Point B"; Thence North 780 00' 32" East, 303.98 feet to a point in the centerline of said South "E"Street; Thence South 00"37'44"West, 22.43 feet along said centerline to the point of beginning. Except therefrom any portion thereof lying within that portion of land described in Deed to Nomart Development Company, recorded December 4, 1962, in Book 5812, Page 414, Official Records of San Bernardino County. Also Excepting-therefrom any portion thereof lying within South "E" Street. Also except therefrom Parcel No. 18958-1, conveyed to the State of California by that certain Final Order of Condemnation recorded May 12, 2010 as Instrument No. 2010-0188373 of Official Records. Parcel 5: An easement for access and landscaping purposes as created by document recorded June 17, 1999 as Instrument No. 99-258470, Official Records, in, over, upon; and across the following described real property: Portions of those parts of Lots 29 and 38, Block 54, Rancho San Bernardino, as per Plat-recorded in Book 7 of Maps, Page 2, records of San Bernardino County, said parts described in documents recorded January 9, 1964, in Book.6063, Page 441, November 30, 1959, in Book 4995, Page 156, September 14, 1962, as Parcel 23; in Book 5767, Page 985, October 31, 1966 in Book 6721, Page 885; and February 7, 1961, as Parcel 47a, in Book 5344, Page 564, all of Official Records, of said County, said portions being all of said parts, more particularly described as follows: That portion of said parts lying Southerly and Easterly of the following described line: B233-0136-522-01;05;33&36 Commencing at the commencement in the description of that parcel of land identified as Parcel 23, in said document recorded September 14, 1962, in Book 5767, Page 985; Thence along the Southwesterly line of said description, the following five courses, South 60" 50'48"West, 482.76 feet; Thence Southwesterly 283.05 feet along a tangent curve, concave Southeasterly, having a radius of 265.00 feet and a central angle of 61" 11' 54"; Thence South 000 21' 06" East, 265.51 feet; Thence Southwesterly 301.83 feet along a tangent curve, concave Northwesterly, having a radius of 335.00 feet and a central angle of 51° 37' 25"; Thence North 770 51' 08"West, 15.08 feet to a point in a line that is parallel with and distant 50.00 feet Easterly from the Northeasterly line of that parcel of land described in Deed to the State of California in document recorded December 17, 1956 in Book 4110, Page 416, Official Records of said County; Thence leaving said Southwesterly line and along said parallel line, North 28° 36' 54"West, 176.09 feet to the point of beginning; Thence North 78" 45' 08"West, 35.36 feet; Thence North 35° 53' 41"West, 14.92 feet; Thence North 01' 54' 52" East, 44.30 feet; Thence North 33° 29'31"West, 163.98 feet; Thence North 32" 18' 20"West, 237.73 feet; Thence North 340 16' 39"West, 104.26 feet; Thence North 61" 10' 08" East, 284.82 feet; Thence Northeasterly 443.56 feet along a tangent curve concave Southeasterly; having a radius of 1550.00 feet and a central angle of 16° 25' 03" Thence North 770 23'32" East, 150.30 feet; Thence Southeasterly 46.63 feet along a tangent curve, concave Southwesterly, having a radius of 85.75 feet and a central angle of 31° 09' 26',to a point on the Northerly line of that parcel of land described as Parcel °B"in document recorded June 17, 1999, as Instrument No. 9.9-258469 of Official Records and hereinafter referred to as "Point C", said point being the point of termination. Excepting therefrom any portion thereof lying within that parcel of land described in document recorded June 17, 1999, as Instrument No. 99- 258469 of Official Records. B233-0136-522-0 1;05;33&36 LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT PARSONS 3200 F.Gttaz 5 Rood.Suite 200,[ntzrir:.CA,1761 .Telapinwe:'•00-218-36C0 SC-zl 2;8-3605• :--,mv.parsonszom EXHIBIT A RIGHT OF WAY APN:136-522-05 THAT PORTION OF LOT 29 IN BLOCK 54 RANCHO SAN BERNARDINO,IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,.STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 7,PAGE 2 OF t MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2,PARCEL MAP 2294,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 20, PAGE 69 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,.SAID POINT ALSO BEING ON THE WEST UNE OF'E'STREET(50-00'FEET HALF WIDTH);THENCE:.S.89"41'09"W-ALONG THE NORTH LINE OF SAID'PARCEL 2,A DISTANCE OF 0.49 FEET;THENCE N:00`1 8°51"W.PARALLEL WITH THE WEST LINE OF SAID'E'STREET,A DISTANCE OF 6-49 FEET;THENCE N.05"39'56-E.,_A DISTANCE OF 4.73 FEET TO THE WEST LINE OF SAID'E'STREET;THENCE S_00°18'51"E.ALONG SAID WEST LINE,A DISTANCE OF 11.19 FEET TO THE POINT OF BEGINNING, CONTAINING 4 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 15TH DAY OF SEPTEMBER,2010 -OFESSIO 4` QYP t ARp.sT Q� gl�c� W n m ROBERT EDWARD ST S,PE 25068 .mo ZNo REGISTRATION EXPIRES 12131/11 *d tr APN'0136-522-65 ROW Page 1 � 4 \ / ORANGE SHOW � 1 LANE I i l 3 i 1 ! 1 1 F \ , \ 2 � - - P.0.B.. DETAIL N.T.S. 1- w w a BEARING`&DISTANCE DATA No. BEARING IDISTANdE (FT) t t00'78'S1"N 11.19 W 989'4F'09'E 0.49 Q3 WO'18'51'E 6:49 505'39'56'8 4:73 50' 41.25' POR. LOT 20 A atl, BLOCK 56 Y RANCHO SAN BERNARDINO N. 1 h Z SEE DETAIL r � T 0 d N � O PARSONS E X.H!B l T ° B " 320.0 EAST VASTI ROAD.SUITE 200 ARN' 136-5.22-06 �' o WARIO. CAt IFORNIA 71761 t R!-GUT OF WAY 1.of t d LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT I PARSONS 32W_.Gua>'i Rand.Suiit,240,0nta-lo.CA Si7c1 ?iu;a:=09='16-;: U Fs)S.._i,-38C'• er;rn'.oai'so:s-corn 1 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT APN: 136-522-05 THAT PORTION OF LOT 29 IN BLOCK 54 RANCHO SAN BERNARDINO,IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 7,PAGE 2 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS.- .COMMENCING AT THE NORTHEAST CORNER OF PARCEL 2,PARCEL MAP 2294,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 20,PAGE 69 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER.OF SAID COUNTY,SAID POINT ALSO BEING ON THE WEST LINE OF"E"STREET(50.00 FEET HALF WIDTH);THENCE;S_89°41'09"W. ALONG THE NORTH LINE OF SAID PARCEL 2,A DISTANCE OF 0.49 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUE WESTERLY ALONG SAID LINE,A DISTANCE OF 4.51 FEET;THENCE N.00°.18'30"W.,A DISTANCE OF 28.62 FEET;THENCE N.89°41'09"E.,A DISTANCE OF 5.00 FEET;THENCE S,00°18'51"E.,A DISTANCE OF 17.44 FEET;THENCE 8.05"39'56'W.,A DISTANCE OF 4.73 FEET;THENCE S.00°18'51"E.,A DISTANCE OF 6.49 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 139 SQUARE FEET,.MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT 6 ATTACHED HERETO AND MADE A,PART HEREOF_ a DATED THIS 15TH DAY OF SEPTEMBER,2010oQgOFESS/p �Q AR ps E$Gi I. 1 zwz d 0 t m y � -33. ROBERT EDWAR6.STVfitFtNS.PE 25068 1 REGISTRATION EXPi ES 12/31/11 �� . AL�E� APN 6136-522-0-= Page 1 5 ORANGE SHOW LANE DETAIL P.O.C. N.T.s. w �T-po-B BEARING & DISTANCE.DATA N.. PEARMGF—PSTANCE (FT) Lu S8V,(rO9!W 4.51 -0 N8i;41--09-7E 01.49 @ soo'lrwE 6.49 (4) S05�39'56-W 4-73 (5) 1�'44 50' 41.25' ?i3 4V09-E 7W No*18130,,w PON, LOT 20 :1 20, OLOM U-4. RANCHO OAR ommomo SEE OETA.I.L. 4 -1. 2 E XH[B I T B 9 PARSMS 3269 EiST GUASTI 9DA0, SUITE 20.0 AFM 136-.522-05 ONTARIO, CAtIFORWlk 91761 TEMPOMY 0NSTRU(,-Tl-0K EASEMEHT EXHIBIT "8" PARCEL NO. B-234 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,County of San Bernardino 11102/2011 PLEASE COMPLETE THIS IIVFORMATION. j DENNIS DRAEGER 3:51 PM ASSESSOR — RECORDER — CLERK EM N. s RECORDING REQUESTED BY: P Counter San Bernardino Associated Governments,a Joint Powers Authority,acting as the San Bernardino HOC#: 2011 -0456272 Titles: 1 Pages: 14 County Transportation Commission AND WHEN RECORDED MAIL TO: Fees 0.00 Rick E.Nossm naLLP Other 0.00 18101 Von Karman Avenue,Suite 1800 PAID $0.00 Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form#1125 American I.esalNet,Inc. www.USCourtForm9.com 1 NOSSAMAN LLP RICK E. RAYL (SBN 174257) 2 rrayl @nossaman.com 3 BRADFORD B. KUHN (SBN 245866) bkuhn @nossaman.com sup L D 4 Special Counsel SUP OF tJOR COURT 18101 Von Karman Avenue, Suite 1800 SAN by OF SAN e�NARDINO 5 Irvine, CA 92612 STRICT Telephone: (949) 833-7800 OCT " s 2011 6 Facsimile: (949) 833-7878 BY 7 �o Attorneys for Plaintiff Deputy $ SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 13 FOR THE COUNTY OF SAN BERNARDINO 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1104961 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DONNA GUNNELL GARZA, DEPT. S38 17 Plaintiff, TN 18 vs. (FID] FINAL ORDER OF C ONDEMNATION 19 THE NATIONAL ORANGE SHOW, a California nonprofit corporation; 20 CALIFORNIA FAIRS FINANCING [Parcel No. B-234) 21 AUTHORITY, a joint powers authority; R. G. CANNING ENTERPRISES, INC., a 22 California corporation; BARR LUMBER COMPANY, INC., a California 23 corporation; Action Filed: April 15,2011 ACTION PARK, a business entity of unknown [EXEMPT FROM FILING FEES - GOV. 24 form; CODE, § 6103] CBS OUTDOOR INC., a Delaware Corporation; 25 DOES 1 Through 100, Inclusive; and ALL PERSONS UNKNOWN CLAIMING ANY 26 TITLE OR INTEREST IN OR TO THE —�07 PROPERTY DESCRIBED HEREIN, 8 Defendants. 313007 1.DOC FINAL ORDER OF CONDEMNATION 1 Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission ("SANBAG"),having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to a Final Judgment in Condemnation, and SANBAG and defendants 4 having waived a Statement of Decision,judgment having been entered, and payment having been made 5 in full,no other party or person having or claiming to have an interest in the property being acquired or 6 the compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE,IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit"A,"described as Assessor's Parcel 9 Number 13647104, located at the southeast corner of E Street and Mill Street, San Bernardino, 10 California, and more particularly described as SANBAG Parcel Number B-234, consisting of a 11 permanent easement of approximately 334 square feet, along with a six month temporary construction 12 easement of approximately 834 square feet, as described in SANBAG's complaint on file in this matter 13 ("Subject Property"), is hereby condemned to SANBAG for the purposes of constructing, maintaining 14 and operating the sbX E-Street Corridor Bus Rapid Transit Project("Project"), for the purpose of all 15 necessary and convenient activities associated with the construction of the Project and for public 16 purposes. The temporary construction easement shall commence seven(7) days from the date upon 17 which SANBAG or its authorized representative provides the applicable defendant with written notice 18 of its intent to commence construction utilizing the temporary construction easement and shall terminate 19 on the earliest of(a)the date upon which SANBAG notifies the applicable defendant that it no longer 20 needs the temporary construction easement, (b) six (6)months from the commencement date of the 21 temporary construction easement, or(c) December 31, 2013. 22 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 23 public purposes under Article I, Section 19,of the California Constitution, California Public Utilities Code 24 section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 25 for which SANBAG seeks to condemn the Subject Property, to wit, in connection with the Project and 26 for public transit improvements, is and was authorized by law and is and was a public use; the public 27 interest, safety, and necessity require the Project; the Project is and was planned and located in the 28 FINAL ORDER OF CONDEMNATION 1 manner that will be most compatible with the greatest public good and the least private injury; and the 2 Subject Property is necessary for the Project. 3 3. Just compensation has been paid to The National Orange Show, a California nonprofit 4 corporation ("Defendant"), and such sum was accepted by the Defendant, as full payment of just 5 compensation for all claims of any nature, including without limitation all claims for severance damages, 6 relocation assistance,business goodwill,real and personal property,fixtures,equipment,damages, 7 compensation,fees,costs,and litigation expenses, other expenses,interest, and any and all other claims 8 which have been or could have been raised in the lawsuit. 9 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 10 this Final Order of Condemnation in the office of the-Recorder of the County of San Bernardino, State 11 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 12 shall be cancelled. 13 14 Dated: 15 JUD OF THE SU ERIOR COURT NNA Gt#NNE9.L GARZA 16 17 18 19 20 21 22 23 24 25 26 27 28 FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"I" The land referred to herein is situated in the State of California,County of San Bernardino, and described as.follows: Lots 1.2,3,4,5,6,7, 8 and 13 in Block 30 of the Rancho San Bernardino, in the County of San Bernardino,State of California,as per Plat recorded in Book 7,of Maps,Page 2,records of said County. Excepting therefrom that portion of Lots 13 conveyed to the San Bernardino County Flood Control District,by Deed Recorded May 6, 1948 in Book 2225, Page 57, of Official Records of said County. Also excepting therefrom the North 150 feet of the East 200 feet of Lot 1 in Block 30 of Rancho San Bernardino,as per Map recorded in Book 7,Page 2, records of said County. B34-0136-471-04 LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT i PARSONS 3200 E_Gu;st:Re ad,Suite 7.00,Ontario,CA 91.761 •Telephohe:9}9-2 s b-_'-ti=±0•=ax 50:'-21 r3E05• vv--.-,v.p;rsons.crm EXHIBIT A RIGHT OF WAY AP 0136-471-04 THAT PORTION OF LOT 8 IN BLOCK 30 OF THE RANCHO SAN BERNARDINO, IN THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 7, OF MAPS,PAGE 2,RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF MILL STREET(41.25 FEET HALF-WIDTH) AND"E"STREET(50.00 HALF-WIDTH),THENCE ALONG THE CENTERLINE OF SAID°E"STREET,5.00°3615"E., A DISTANCE OF 61.62 FEET;THENCE N:894423'952"E.,A DISTANCE OF 50.00 FEET TO THE EAST RIGHT OF WAY LINE OF SAID'E"STREET AND THE TRUEP01NT OF BEGINNING AND THE BEGINNING OF A CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES N.89°23'45"E.,A RADIAL DISTANCE OF 20.00 FEET;THENCE NORTHEASTERLY ALONG THE ARG,THROUGH A,GENTRAL ANGLE OF W.-17'56'%A DISTANCE OF 31.52 FEET TO THE SOUTH LINE OF MILL STREET(41.25 FEET f iAL'WIDTH);THENCE N.89°41'42"E.,A DISTANCE OF 8.90 FEET;THENCE$.44°32'44"W„A DISTANCE OF 40.91 FEET;THENCE N.00°36'15"W.,A DISTANCE OF 8.90 FEET TO THE TRUE POINT OF BEGINNING,. CONTAINING 334 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 10TH DAY OF AUGUST,2010 � ..OwgRoSj 9{ w No. `_' is 25068 R081=RT EDWARD. , ' - FFENS,PE 2'5068 REGISTRATION EXPIRES 12{3:1111 APN0136-471-04 ROW Page 1 Lo N P.O.C. - MILL STREET N T.P..0.8. 2. 0 N8:90 23'45"E Gs (RAD) 4 4 5• 1 PON, LOY 9, MUCK SO SAN mhmG oft N.M. 71 tu a 0 Q Imo— CURVE DATA 4 e 1 uj 20.00 90°1756" 31.52 BEARING & .DISTANCE DATA Nb. . SEARING U[STANC (F) Q� 500�36'i5"E 8.90 N 3 589*41'42N 8.90 50 50' 04 k4''3V4*'E 40-.91 m Q5 N89°23'45"E- 50.00 tr 9 EXHIBIT B- 11 0 F355 orztrmto 3200 EAST G.UkSU $DAD,SU17E-z0O APN 13$-471-04 1' 10` ONTARIO, CALIFORNIA 91161 4. RtGAT OF WAY a s LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT MC E.Guasli Rau'.Suite 290,Ontario,CA 917 r. o �� r 6. elepha it--:. •9-218-3F00•Fax 09-?_12-• 05• -m-v.parsuns.con; EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0136-471-04 THAT PORTION OF LOT 8 IN BLOCK 30 OF THE RANCHO SAN BERNARDINO, IN THE COUNTY OF SAN BERNAROINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 7,OF MAPS,PAGE 2,RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES QF MILL STREET(41.25 FEET HALF-WIDTH) AND"E"STREET(50.00 HALF WIDTH.),THENCE ALONG THE CENTERLINE OF SAID"E"STREET. S.60'36'1 5!'E.,A DISTANCE OF 61.62 FEET;THENCE N.89°23'452"E.,A DISTANCE OF 5Q.00 FEET TO THE EAST RIGHT OF WAY LINE OF$AID"E"STREET;THENCE ALONG THE EAST RIGHT OF WAY OF SAID"E" STREET,S.QO"36"I61E.,A DISTANCE OF 8.90 FEET TO.THE TRUE POINT.OF BEGINNING;THENCE N.4.4'32'44"E.,A DISTANCE OF 40.01 FEET; THENCE N.8W4°(42°E.,A DISTANCE OF 7-05 FEET;THENCE S.44-32'44"W,.A DISTANCE OF 43.80 FEET;THENCE S.00°9.6'15"E.,A DfSTAN.cE OF 121.01 FEET;THENCE ,5.44"23'46.'W.,A DISTANCE OF 7.07 FEET;THENCE N.00°-36'15"W.,A DIStANGE OF 128.09 FEET TO THE TRUE.PORVT OF BEGINNING. CONTAINING 834 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE APART HEREOF. DATED THIS 10TH DAY OF AUGUST,2010 . oQ pF SS/p�, ti�QS�q`iIARDST��.. 'No. m 1"n d. 2:5068 ROBERT EDWAR ST F -NS, PE 25068 Ar * . REGISTRATION EXPIRE •2!31111 �3'• �q- woi�e®e�.em.® +�mrim.�e"y �,�m�sr rr�nrrrs•..r m® mea APN u136-471 04 i a Page 1 ENO in P.O.C. {SILL STREET t 3 N V� "c t M S ° l0 N PLO 7 9 `•��' T.P.O.B. Pon. Lov 8 BLOCK 30 8 t • u w a w p BEARING & DISTANCE DATA fu No. BEARING 6. oa " DISACE 9( FT) 6' 128.Q S `3 00 Q S44"32 91 S89741'42"W 7.05 �4 H44'32'4.4"E. 43.80 5 H00°3611SN 121.01 0 N N44`23'45"E 7.07 = Ql 5Qr .0 S00°36'15"E 8.90 © H89023'45E 50.00 N PARSONS' EXHIBIT e► � o6izlrzoto ; 3200 EAST WASTE ROAD,SUCTt 200 APN 136' 71-C4 x.c MAR KO CAUFORHIA 91751 �' v TEMPORARY CONSTRUCTION EASEMENT �b 1 cf t o EXHIBIT "9" PARCEL NO. B-235 & B-237 (FINAL ORDER) [SEE ATTACHED] PLEASE COMPLETE THIS INFORMATION. Recorded in Official Records,County of San Bernardino 113012013 DENNIS DRAEGER MP' �" RECORDING REQUESTED BY: KKR ASSESSOR — RECORDER — CLERK San Bernardino Associated Governments,a Joint e�K Powers Authority,acting as the San Bernardino P COOI1tEf f County Transportation Commission ` AND WHEN RECORDED MAIL TO: DOC#: ZO13-OU41376 Titles: 1 Pages: 13 Rick E.Rayl Fees 0.00 Nossaman LLP Taxes e.00 18101 Von Karman Avenue,Suite 1800 00 Other 0.00 � Irvine,CA 92612 PAID $0.00 [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) I I i i 1 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 American LegalNet, Rec.Form#R25 www.uscourtFonrro oom 1 NOSSAMAN LLP f RICK E. RAYL(SBN 174257) 2 rrayl @nossaman.com 3 BRADFORD B. KUHN (SBN 245866) bkuhn @nossaman.com 4 Special Counsel F I L E D 18101 Von Karman Avenue, Suite ]800 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN&RINARDINO 5 Irvine; CA 92612 SAN BERNARDINO CIVIL DIVISQN . Telephone: (949) 833-7800 JAN 16 2013 6 Facsimile: (949) 833-7878 7 By < " Attorneys for Plaintiff Deputy 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, A Joint Powers Authority,acting as the SAN BERNARDINO : 9 COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA f� 12. FOR THE COUNTY OF SAN BERNARDINO ! 13 14 SAN BERNARDINO ASSOCIATED Case No: -CIVDS 1104950 15 GOVERNMENTS,a Joint Powers,Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DAVID COHN; DEPT. S35 ,c 17 Plaintiff, ] FINAL ORDER OF CONDEMNATION 18 vs. 19 ORANGE SHOW ROAD PROPERTIES,LLC,a [Parcel No. B-235 /B-2371 California limited liability company; 20 THE FIRESTONE TIRE&RUBBER COMPANY, an Ohio corporation; 21 FIRESTONE COMPLETE AUTO CARE, a business entity of unknown form; Action Filed: April I5,2011 , 22 DOES 1 Through 100, Inclusive; and ALL PERSONS UNKNOWN CLAIMING ANY [EXEMPT FROM FILING FEES- GOV. 23 CODE, §61031 TITLE OR INTEREST IN OR TO THE 24 PROPERTY DESCRIBED HEREIN, 25 Defendants. I 26 I 27 28 1 I 334183_I.DOC FINAL ORDER OF CONDEMNATION ORIGINAL i • J 1 1 Plaintiff San Bernardino Associated Governments, a Joint Powers Authority, acting as the San ? Bernardino County Transportation Commission ("SANBAG"), having applied for entry of a Final Order i 3 of Condemnation,having previously stipulated to a Final Judgment in Condemnation, and SANBAG i 4 and defendant having waived a Statement of Decision, a Final Judgment having been entered, and i! 5 payment having been made in full,no other party or person having or claiming to have an interest in the i 6 property being acquired or the compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE,IT 1S HEREBY ORDERED,ADJUDGED AND DECREED AS 8 FOLLOWS: 9 1. The property described in the attached Exhibit"A",designated as Assessor's Parcel 10 Numbers 0136-522-27 and 0136-522-28, located at 1144 S. E Street, San Bernardino; California, and 11 more particularly described as SANBAG Parcel Number B235/13237, as described in SANBAG's 12 complaint on file in.this matter("Subject Property'), is hereby condemned to SANBAG for the purposes R 13 of constructing, maintaining and operating the E-Street Corridor sbX Bus Rapid Transit Project 14 ("Project"),for the'purpose of all necessary and convenient activities associated with the construction of 15 the Project and for public purposes. The temporary construction easement shall commence seven days .16 from the date upon which SANBAG or its authorized representative provides the,applicable defendant 17 with written notice of its intent to commence construction utilizing the temporary construction easement 18 and shall terminate on the earlier of(a)the date upon which SANBAG notifies the applicable defendant f 19 that it no longer needs the temporary construction easement,(b) six months from the commencement i 20 date of the temporary construction easement,or(c)December 31,2013. 1 21 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 22 public purposes under Article I; Section 19,of the California Constitution,California Public Utilities Code 23 section 130220.5,and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 24' for which SANBAG seeks to condemn the Subject Property,to wit, in connection with the Project and 25 for public transit improvements,is and was authorized by law and is and was a public use;the public 26 interest,safety, and necessity.require the Project;the Project is and was planned and located in,the 27 manner that will be most compatible with the greatest public good and the least private injury; and the 28 Subject Property is necessary for the Project. M 334183 1.DOC 1 FINAL ORDER OF CONDEMNATION j 1 3. Just compensation has been paid to Defendant, and such sum was accepted by Defendant. ' Agreement, 2 Said payment, and SANBAG s performance of its obligations under the Parties Settlement Agreem 3 shall equal the total amount of just compensation to Defendant for the Subject Property and all other 4 claims and damages which Defendant could have as a result of this action, the acquisition of the Subject 5 Property, and the construction of the Project in the manner proposed, including but not limited to, I i 6 severance damages, loss of business goodwill,loss of or damage to improvements pertaining to realty,real i 7 and personal property,fixtures,equipment,.and/or inventory,precondemnation damages,claims for 8 attorney's fees,litigation expenses,statutory costs,interest,relocation benefits and/or costs and any and all i 9 other kinds of compensation,damage,or other claims arising out of or relating to the taking of the Subject 10 Property. 11- 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of j 12 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 13 of California. All liens, leaseholds, and encumbrances of whatever kind and nature on the Subject 14 Property shall be cancelled. j 15 16 Dated: Judge of the Superior Court 17 DAVID COHN 18 i c 19 i 20 i 21 22 23 24 25 26 27 28 1 Z FINAL ORDER OF CONDEMNATION 1 • • 1 • I } ATTACHMENT"1" t The land referred to herein is situated in the State of California,County of San Bernardino, �•. City of Skit Bernardino,and described as:follows: APR 0136-522-27 THAT PORTION OF PARCEL 2 OF PARCEL MAP NO.1294,AS PER FLAT RECORDED IN BOOK 20 OF PARCEL MAPS,PAGE 69,RECORDS OF SAD)COUNTY,AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED DECEMBER 23,1975,IN BOOK 5830,PAGE 1185,OF OFFICIAL RECORDS,SHOWN AS ASSESSOR'S PARCELNUMBER 136-522-27. AP1N:0136-522-28 THAT PORTION OF PARCEL 2 OF PARCEL MAP NO.2294,AS PER PLAT RECORDED IN BOOK 20 OF PARCEL MAPS,PAGE 69,nCORDS OF SAID COUNTY,AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED DECEMBER 23,1975,IN BOOK 8830,PAGE 1185,OF OFFICIAL RECORDS,SHOWN AS ASSESSOR'S PARCEL NUMBER 136-522-28. i i 1 8235&B237-0136-522-27 and 29 I i I ° I IL i i LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT 3 1 PARSONS EXHIBIT A 1 RIGHT OF WAY AP 0136-522-27&28 THAT PORTION OF PARCEL 2,PARCEL MAP NO.2294,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 20,PAGE 69 OF PARCEL MAPS, IN THE OFFICE OF-THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 2,ALSO BEING A POINT ON THE WEST RIGHT OF WAY LINE OF"E"STREET(50.00 FEET HALF WIDTH);THENCE ALONG THE EAST LINE OF SAID PARCEL S.00°18'51"E.,A DISTANCE OF 33.69 FEET TO THE TRUE POINT OF BEGINNING;THENCE S.00°18'51"E.,A DISTANCE OF 83.31 FEET;THENCE'S.89 141'09"W.,A DISTANCE OF 15.94 FEET;THENCE N.00-18'51"W.,A DISTANCE OF 15,22 FEET;THENCE S,89941'09'W.,A DISTANCE OF 3.17 FEET;THENCE N.00°18'51`W.,A DISTANCE OF 8.34 FEET;THENCE N,02127'00"E.,A DISTANCE OF 5.70 FEET;THENCE N.07°55'38"E.,A DISTANCE OF 5,97 FEET;THENCE N.1 3°15'27"E.,A DISTANCE OF 6.03 FEET;THENCE N.18°21'36"E.,A DISTANCE OF 5.92 FEET;THENCE N.20°48'18"E.,A DISTANCE OF 16.67 FEET;THENCE I N.61`59'58"E.,A DISTANCE OF 5.61 FEET;THENCE N.18123'12"E.,A DISTANCE OF 5.51 FEET;THENCE N.13°10'54"E.,A DISTANCE OF 4.60 FEET;THENCE N.07159'32"E.,A DISTANCE OF 4.49 FEET; THENCE. N,02"2612"E,,A DISTANCE OF 4.41 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,029 SQUARE FEET,MORE OR LESS, ALL AS MORE PARTICULARLY'SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 22ND DAY OF FEBRUARY,2012 -ESSi R BERT EDWARD EAFF E 25068 REGISTRATION EXPIRES 31/13 OF CAliC� • f i TW0196.522.28 ROW Page i i ' - I } 1901, LOT 25 r OLOC44*. a ; �tiIAW-Mo BAI 0.lzn dt�GlliD M,' T.P.0.8. ' 9 O 0 BEARING & DISTANCE DATA No. BEARING D151ANCE (FT) O w ' w 1 Soo 19,51"C 33.69 x 2 SOW I8'51"E 81.31 F 3 S89°41'09"W 15.94 m 4 N00°18'51"W 15.22 s 5 S89°41'09"W 1.17. IL M —r6T Nov 18.51"w 8.34 o 7 NO2°21'00`E 5.70 JO Q� •25 B H07°55'78"E 5.97 j 9 Nl3°15'21"E 6.07 ` N18121'36E 5.92 `I ° 11 N20°48'18"E 16.67 \ " D i N61°59'58"£ 5.61 1 N18°23'l2"E 5.51 h 1 N13°10'541 4.60 c i N07°59'32"E .4.49 NO2°25'12"E 4.41 2, PARCEL TIAP -2-20-1 i ORANGE SHOW ROAD S i° v PARSONS t1 B " p1oR4w 8.217 i o2n2no12 3100 t4sr cuisrl 4040, suns :ua APH 136-522,27&28 mru210'allltaRull srtst A{(;}{Y OF WAY 1 1 i i i 1 i j • 1 • l LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT . 1 - 1 EXHIBIT A TEMPORARY CONSTUCTION EASEMENT AP 0136-522.275 28 I i THAT PORTION OF PARCEL 2,PARCEL MAP NO.2294,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 20,PAGE 69 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: i BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 2,ALSO BEING A POINT ON THE WEST RIGHT OF WAY LINE OF"E"STREET(50.00 FEET HALF WIDTH);THENCE-ALONG THE EAST LINE OF SAID PARCEL 5.89°18'51"E.,A DISTANCE OF 33.69 FEET;THENCE S.02125'1 2"W.,A DISTANCE OF 4.41 FEET;THENCE S.07°59'32"W.,A DISTANCE OF 4.49 FEET;THENCE S.1361 0'54"W.,A DISTANCE-OF 4.60 FEET;THENCE S.1 8&2312'W..A DISTANCE OF 5.51 FEET;THENCE S.61'59'58-W.,A DISTANCE OF 5.61 FEET;THENCE 5.20°48'18"W.,A DISTANCE OF'16.67 FEET;THENCE S.18°21'36"W.,A DISTANCE OF 5,92 FEET;THENCE S.13*15'27W.,A DISTANCE OF 6.03 FEET;THENCE 5.07'55'38"W.,A DISTANCE OF 5.97 FEET;THENCE S.02°27'00"W.,A DISTANCE OF 5.70 FEET;THENCE S.00'18'.51"E.,A DISTANCE OF 8.34 FEET;THENCE N;89°41'09"E.,A DISTANCE OF 3.17 FEET;THENCE 3.00°18'51"E.,A DISTANCE OF 15.22 FEET;THENCE S.89°41'09.`W.,A DISTANCE OF 10.00 FEET;THENCE N.00°1651"W.,A DISTANCE OF 15.22 FEET;THENCE N.89°41'09"E.,A DISTANCE OF 1.83 FEET:THENCE N.00'18'51"W.,A DISTANCE OF 8.46 FEET;THENCE N.02°27'00"E.,A DISTANCE OF 6.06 FEET;THENCE N.07'55'38"E.,A DISTANCE OF 6.44 FEET;THENCE ' N.1315'27"E.,A DISTANCE OF 6AB FEET;THENCE N.18'21'36"E.,A DISTANCE OF 6.25 FEET;THENCE N-20 48'18"E.,A DISTANCE OF 18:66 FEET;THENCE N.61°59'58"E.,A DISTANCE OF 5.49 FEET;THENCE N.18123'12"E.,A DISTANCE OF 3.26 FEET;THENCE N,13'10'54'E.,A DISTANCE.OF 4.14 FEET;THENCE N.07°59'32"E.,A DISTANCE OF 4.02 FEET:THENCE N.02'25'1 2"E.,A DISTANCE OF 4.05 FEET;THENCE " N.00°18'51W.,A DISTANCE OF 33.57 FEET;THENCE N.89°41'09"E„A DISTANCE OF 5,00 FEET TO THE POINT OF BEGINNING. CONTAINING 687 SQUARE FEET,MORE OR LESS. e ALL AS-MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 22ND DAY OF FEBRUARY,2012 �za ' �QpFESSIOIyA 1 I ROBERT EDWARD STEAF E 25068 13 - REGISTRATION EXPIRE 1 131/13 CI`fM .0 CP��4 • APN0136.522-28tC6 Page 1 t i i isj U 21 1 L�U M v? 1 I G�a���a a �Ir� @Oaf P.O.B. i _ 7�© -U PIM-9. MOM ,t BEARING & DISTANCE DATA ft 589°41'09"W 10.00 w qo No. OE4RlN0.. 015TANCE (FT) N00°IS'S1'1Y 15.22 1 S00°18'51"E 33.69 1 N69°41'09••E 1.83 n 502°25'12"W 4.41 N00°18'S1"W 8.46 3 S07059'12"W 4.49 I NO2°2 7'00°E 6.06 o r 4 S13°10'54"w 4.60 NO7°55'38"E 6,44 5 518°Z3'12'W 5.51 2 1413°15'27"E 6.46 0 6 561.°59.58"W 1 5.61 N18°21'36"E 6.25 50' 41.25' e N20°g8'18'"f 18.66 520 48'18'W 1 6.67 a S18 021'36"W 5.92 - N61'59'561 5.49 9 '513°15'21,W 6.0} _ N18°ZS'12"E 3.28 p 507°55'38"W 5.97 N13°10'54"E 4.14 \ » I 502°27'00"W '5.10 N07°59'32"E 4,02 % 1 sob*18'51"f S.J4 NO?°25'12"E 4.05 o k89°41'09"E 7.17 N00°18'51'W 33.5T e 1 S00°t8'S1"E 15.22 U8904 1'09"E 5.00 v` ORANGE SHOW ROAD O a EXHIBIT IID11 PIC, 923, o PARSONS " OU22012 n 1 1100 c°n c6sn 00°0, Iutif 10o APN 136-522-27828 4°c 1"40' .one cAlO,C�L1�9Pglx 9�74� a TEMPORARY CONSTRUCTION EASEMENT IOt.t I 1 � 1 • 1 i I on> yj KRZ cn M c�oa a. al-M LU LU=,Ua c� L., l7 � F EXHIBIT "10" PARCEL NO. B-239 (FINAL ORDER) [SEE ATTACHED] PLEASE COMPLETE THIS INFORMATION. Recorded in Official Records,County of San Bernardino 12/10/2013 �� �• + % DENNIS DRAEGER 10:15 AM RECORDING REQUESTED BY: - ASSESSOR — RECORDER — CLERK BN San Bernardino Associated Governments,a Joint + `. Powers Authority,acting as the San Bernardino P COUlltel County Transportation Commission AND WHEN RECORDED MAIL TO: QOC#: 2013-0530009 Titles: 1 Pages: 12 Rick E.Rayl Fees 0.00 Nossaman LLP Tares 0.00 18101 Von Karman Avenue,Suite 1800 Other 0.00 Irvine,CA 92612 PAID $0.06 [EXEMPT FROM FILING FEES- GOV.CODE, §6103] THIS SPACE FOR RECORDERS USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 American LegalNet,Inc. Rec.Form#R25 www.USCourtForms.com 1 NOSSAMAN LLP F I L E D RICK E. RAYL (SBN 174257) SUPERIOR COURT OF 2 rrayl @nossaman.com SAN BERNARDINO CIVIL DIVISION BRADFORD B. KUHN (SBN 245866) 3 bkuhn @nossaman.com NOV 0 6 2013 4 Special Counsel 18101 Von Karman Avenue, Suite 1800 �Y _ 5 Irvine, CA 92612 JESS 'A A Z D DEPUTY Telephone: (949) 833-7800 6 Facsimile: (949) 833-7878 7 Attorneys for Plaintiff SAN BERNARDINO ASSOCIATED GOVERNMENTS, 8 A Joint Powers Authority,acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 9 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1104962 GOVERNMENTS,a Joint Powers Authority, 15 acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: TRANSPORTATION COMMISSION JUDGE DONNA GUNNELL GARZA, 16 DEPT. S38 Plaintiff, 17 [ELI FINAL ORDER OF VS. CONDEMNATION 18 ORANGE SHOW ROAD PROPERTIES, LLC, 19 a California limited liability company, et al. [Parcel B239] 20 Defendants. Action Filed: April 15,2011 21 Trial Date: September 16,2013 22 [EXEMPT FROM FILING FEES- GOV. CODE,§ 61031 23 24 25 26 27 28 349211 3.DOC I FINAL ORDER OF CONDEMNATION I Plaintiff San Bernardino Associated Governments, a Joint Powers Authority,acting as the 2 San Bernardino County Transportation Commission("SANBAG"), having applied for entry of a 3 Final Order of Condemnation,having previously stipulated to a Final Judgment in 4 Condemnation,and SANBAG and defendant having waived a Statement of Decision,a Final 5 Judgment having been entered,and payment having been made in full,no other party or person 6 having or claiming to have an interest in the property being acquired or the compensation to be 7 paid for the property, and good cause appearing: 8 NOW,THEREFORE,IT IS HEREBY ORDERED,ADJUDGED AND DECREED 9 AS FOLLOWS: 10 1. The property described in the attached Exhibit"A",designated as Assessor's 11 Parcel Number 0136-522-29,located at 1198 S.E Street, San Bernardino, California, and more 12 particularly described as SANBAG Parcel Number B-239, as described in SANBAG's complaint 13 on file in this matter("Subject Property"),is hereby condemned to SANBAG for the purposes of 14 constructing,maintaining and operating the E-Street Corridor sbX Bus Rapid Transit Project 15 ("Project"), for the purpose of all necessary and convenient activities associated with the 16 construction of the Project and for public purposes. Construction of the Project in the manner 17 proposed,including the use of the temporary construction easement,will be carried out in the 18 manner agreed by the parties pursuant to various stipulations regarding construction of the 19 Project in the manner proposed. 20 2. SANBAG is and was authorized and entitled to exercise the power of eminent 21 domain for public purposes under Article I, Section 19,of the California Constitution,California 22 Public Utilities Code section 130220.5, and California Code of Civil Procedure sections 1240.010 23 through 1273.050. The use for which SANBAG seeks to condemn the Subject Property,to wit, 24 in connection with the Project and for public transit improvements, is and was authorized by law 25 and is and was a public use;the public interest, safety, and necessity require the Project;the 26 Project is and was planned and located in the manner that will be most compatible with the 27 greatest public good and the least private injury;and the Subject Property is necessary for the 28 Project. 349211 3.DOC - 1 - FINAL ORDER OF CONDEMNATION 1 3. Just compensation has been paid to defendants,and such sums were accepted by 2 defendants. Said payments shall equal the total amount of just compensation owed to defendants 3 for the Subject Property and all other claims and damages which defendants could have as a 4 result of this action,the acquisition of the Subject Property, and the construction and operation of 5 the Project in the manner proposed, including,but not limited to,severance damages,loss of 6 business goodwill,loss of or damage to improvements pertaining to realty,personal property, 7 fixtures,equipment,and/or inventory,precondemnation damages,leasehold bonus value,claims for 8 attorney's fees,litigation expenses,statutory costs,interest,relocation benefits and/or costs and 9 claims and any and all other kinds of compensation,damage,or other claims arising out of or 10 relating to the taking of the Subject Property and construction and operation of the Project as 11 proposed and as'agreed to by the parties pursuant to various stipulations regarding construction of 12 the Project in the manner proposed. 13 4. The right in and to the Subject Property shall vest in SANBAG upon the 14 recordation of this Final Order of Condemnation in the office of the Recorder of the County of 15 San Bernardino, State of California. All liens, leaseholds, and encumbrances of whatever kind 16 and nature on the Subject Property shall be cancelled. 17 18 Dated: 19 J dge of the S perior Court 20 DONNA UNNELL GARRZA 21 22 23 24 25 26 27 28 349211 3.DQC -2- FINAL ORDER OF CONDEMNATION ATl'ACFI'YvI�'fl'C'"1" i The Innd referred to herein. s situnte,d iii:thc Sfa#e of Cs1i1'ornis,County ofi$un Bernardino, 'City of San Bernardino,andl(lescribed.as fQ1Idis; i THAT PORTION OF.PARCM.2 OF FARGI:L:1vIAP N0.2294,AS PER PLAT RECORDED IN BOOK 20 OF PARCEL LIAPS,PAGE 69,REGO.RAS O:F SAM-t-00N.U.;AS A,YI);NUED BY CERTIFICATE OF COMECITON RECORDED DECEIT•iBFR.31,19J5, )3C�OK$330,.PAOE 1135,OF•OFFVCM- lZECORpS,SHOWN AS ASSESSOR'S A1tC .136-522-29. i - t I . I i LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT Z!'2041 E.Cc4•iSfi RcAtL Sufi 20-3.C).Awin,G1 e7fiI .Teirplio'1�s:�tiL-tl a8.0 F,ax gnu s :.3+31::• +rna•_ r tr.;g.ix.i•r EXHIBIT A RIGHTOF WAY AP 0136-522-29 THAT PORTION OF PARCEL 2.pARCEL.MAP:Nd.2294;.IN'ThIE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNK.AS PER-MAP RECORDED:IN.BOOK 20,.PAGE 69 OF PARCEL MAPS,' IN-h iE OFFICI=05THE COUNTY RF_r_6RQFTk QF.SAID CQVNTY,DESCRIBED AS FOLLOWS: COMMENCING Al THE NORTHSkST GOW4ER.'OF SAiDVARGEL.:.ALSO.BEING A P0.1 T'ON THE WEST '. RIGI OJw 11{}AY:UNE OF'E"STIZEEI {.0,00 FE 1IML 4SIIDtI t) I NC ALONG THE Mf'98T LINE Og SA1D 00'1O "L.A DM'i"ANO-g:QF i I7, A ETTO TtNB F B +GI KING THENCE CONTINUING ALONIS TIME ►Es .41Nt [!F'£yAlk�`E"S f�,El+f$Ot1° '�"t E.,A C IS 'NOR DF 1'x.3.81;FEET:. i1 lEi!IGiT S 43'41' 3°W.:A I IS7 1�1�E 5)":3 .6LE' C,?1 BNCB 5;8 ° I'3B u1f.,A.E�IS- OF.'1Ul FEET: THE JGE N.b9 1loOrt A>bi1STANCE Q . :iyy�E 1'?HEI�1C 1�L394 00'> ,¢t l.S7ANCE C?F 2:b0.FE�(; TfdEN4 Ff.4 i E "��`tA/ A 7113�'A�E71^ f t afVOB Nf B "44'l79 .A t71S3 rkiYCE OE 1694 FEET TO: CONX'AIMNt;: AL•LAS MORE'PAR-nCULARLYSHOWN ON EXHPIT'SA'ITACHED-HEIETOAND MADE A PARTHEREOF. DATED THIS 27TH DAY OF OCTOBER,2010 1IAI5 . ar F 0013 RT E[]WARD ST S,PE 25088 -' :: to REGISTRATION EXPIRES 12131/11 y ,� rn J APN U I36.5t2•Z9 ROW Pam 1 MK VON P.O.C. -AML-MAP 229 R i j HEARikl -> lb.. •8FiW1N .. D15TA 71`E 10-1.1 n ,:_9.. `'�'31:.; .` 123:96 • � ..,N�43e�lt,'X�".:fie` .'S.�•�' fj• " ' ::st:���it'.:.; : •.�:��� . 50' 41.25 � `$C4'1'E'al� t17.4d a A • �ygg�� yy����pp ��jj �6 q� pp��Q���� Qyy}},,gg N V'.G3�!1fi15Fs •(5F.:.!'��741 .•1�4'0!t` �ifSN� � 2 ROAD 4 • P figs H rEw i IN B It P WN—S '�T` 10012010 32"CA.0 c4.s7s;wo, $#gTC 200 APIE. 136-S22-28 WTcg10,C1l1TORYit 4174t No, e RIGHT OF 'WAY °°t° i of ► o s r LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT •-'-'�4 ti.'=u6YF fL^.. .S�'L 2�'L.(�i7d�,�1).G�;?�7iii :c!£jy��:o.:^i i•� �•i-::x S: u-JC�?:; (h°.;F018.C: EKWIBIT A TEMPORARY.CONSTUCTION EASEMENT AP 01:8"22-29 THAT PORTION OF PARCEL 2,PARCEL.mAP'Na.2294,IN THE CITY OF SAN BERNARDINO,COUNTY QF SAN BERNARDINO,STATE OF.&AU.F.0i*tJA;:AAS..PER MAP RECORDED IN BOOK 20;PAGE 89 OF PARCELMAPS,. IN THE OFFICE OF THE COUNTY RE (7fii1�F R o amp COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE.NORT —ST.'Q( SIM PARCEL 2,ALSO BEING A PO)NT ON THE WEST i RIGHT OF WAY LINE 17F"e'STR I ,�I1 Et'HAI F=VtillDTH):THENCE ALONC3 THEW EST IJkr::OF SAJI) "E STREET S.Od'1$'S4; N. pF' t1eF. T:.THiCE 89'41'09'W:;i0.1713€i4NC ,QE1a49�L f'` TO THE TI213E'PDII It1 E BE T i�GF Sif1ES"1S'S�"E.,A DISTANC9 IM 118 R49 FEt r T Nd" s. &30'59'ob"W.,A bIST�+;t q 4,�9 AME ;; '0'00W� A AISTANC .00�07:EI=ETt '.EW r s 89°51'366w1.,A 1))S kW stab_, 1 1 fit °5s'o "t= A U157AI�I�E OF 24 EIM7 5,89'41'09'VN.,A'Di J 4 QR IN ,C[ {�i °'1m lAl.,A sIf1I�` k' N.$9°41'09'E.,'A DI TAI gs '� '" I f °.1$,5i'1N..A FOI$TAf+il S7F'10 :(3 FED I:-WIN N.89°41'09 E.,A DISTAt�f OF 9vr3F `F'��#'T ( �It��"t?O[IfT OF BSf�lNtttlCr. CONTAINING 1,593$QUAKE FEi ';T1+1Q .C7F2:E ESS. ALL AS MORE PARTICULARLY.SHC1Ntt?1 Otd EXI I.IBI�"S ATTACHED HERETO_AND-MADE:A PART..HEREO>=. DATED THIS 27TH DAY OF OCTOBER,2010 �`va�p tip's A � Mt _ 4 m m R05ERTEDWAR ._ - {;� I'E 25 66S. ` , REGISTRATION EXPIR 5 12131111 9 CIV44. -T�OF CAL��Q2 APN 0136-522-29 TcE Pam I r t PON. 107 29. BLOCK 54 MUCH SAA MMAR@ING ; . 7/$ P.O.C. i Mcc-d 21 PARCEL 9AP • T.P:0.6., BEARING &DISTANCE DATA rn '110: BEARIftG DISTANCE (M 1 y, 1 0a 41'Q9'E 7.76 ��V v uj 530`WOV11 24.29 3 N89!51'36"E 3_00 559 4ii uww 5.07 o 5 1 saa 39'oo"w s V t'f 119.49 ` 9'E 9.56 1"R 102.06 9 9°w 1'E 20.71 09'E$1'E MAD T_00 PSG CEL 9, VAMEL Map 96204 1 P.M.O. 2 ORANGE SHOW 1 � `yti ROAD o 3 0 PARSONS EXHIBIT B �{ foR noso "lls!1.012.Sv{,i inn u. Jtl?lF:L.Cl!:if•RK{1 s: ;J1PH 138-522-29 ` 7EbtPORARY CONSTRUCTION EASEMENT °'c Iof i e Y EXHIBIT "11" PARCEL NO. B-243 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,County of San Bernardino 6/03/2014 PLEASE COMPLETE THIS,INFORMATION. DENNIS DRAEGER 3:53 PM NC "` COON ASSESSOR — RECORDER — CLERK 6AN NAR RECORDING REQUESTED BY: /;•. San Bernardino Associated Governments,a Joint P Counter Powers Authority,acting as the San Bernardino County Transportation Commission Doc#: 2014—0199744 Titles: 1 Pages: 11 AND WHEN RECORDED MAIL TO: Fees 0.00 Rick E.Rayl Taxes 0.00 Nossaman LLP Other 0.00 18101 Von Karman Avenue, Suite 1800 PAID $0.00 Irvine,CA 92612 I [EXEMPT FROM FILING FEES- GOV.CODE, !. §6103] THIS SPACE FOR RECORDER S USE ONLY I E f FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) I I r i s t I i r i i {I i� i i THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) ` 9195 American LegalNet,Inc. Rea Form ftR25 American f' 1 NOSSAMAN LLP S RICK E. RAYL (SBN 174257) 2 rrayl @nossaman.com SUPERIOR COUL E D OF CALIFORNI,,; BRADFORD B. KUHN (SBN 245866) SAA BERN R I N B V N AR NO 3 bkuhn @nossaman.com 4 Special Counsel MAY 0 7 2014 18101 Von Karman Avenue, Suite 1800 Irvine, CA 92612 EY 5 JESS Telephone: (949) 833-7800 4 HAZ DEPUTY` 6 Facsimile: (949) 833-7878 7 Attorneys for Plaintiff SAN BERNARDINO ASSOCIATED GOVERNMENTS, 8 A Joint Powers Authority, acting as the SAN BERNARDINO 9 COUNTY TRANSPORTATION COMMISSION 10 1 I SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1104963 GOVERNMENTS,a Joint Powers Authority, 15 acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: TRANSPORTATION COMMISSION JUDGE DONNA GUNNELL GARZA, 16 DEPT. S38 Plaintiff, 17 vs. ] FINAL ORDER OF 18 CONDEMNATION WORLD OIL MARKETING COMPANY,a [parce1.B243] 19 California corporation; DOES 1 Through 100,Inclusive; and 20 ALL PERSONS UNKNOWN CLAIMING ANY TITLE OR INTEREST IN OR TO THE Action Filed: April 15,2011 21 PROPERTY DESCRIBED HEREIN, Trial Date: August 19, 2013 22 Defendants. [EXEMPT FROM FILING FEES - GOV. ►�, 23 CODE, §61031 24 25 26 �.. 27 28 354088 1 FINAL ORDER OF CONDEMNATION I Plaintiff San Bernardino Associated Governments,a Joint Powers Authority, acting as the 2 San Bernardino County Transportation Commission ("SANBAG"),having applied for entry of a 3 Final Order of Condemnation, having previously stipulated to a Final Judgment in 4 Condemnation,a Final Judgment having been entered, and payment having been made in full, no 5 other party or person having or claiming to have an interest in the property being acquired or the 6 compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE,IT IS HEREBY ORDERED,ADJUDGED AND DECREED 8 AS FOLLOWS: 9 1. The property described in the attached Exhibit"A"representing portions of the 10 property designated as Assessor's Parcel Number 141-241-26,located at 505 W. Orange Show 11 Road, San Bernardino, California,and more particularly described as SANBAG Parcel Number 12 B-243, as described in SANBAG's complaint on file in this matter("Subject Property"), is 13 hereby condemned to SANBAG for the purposes of constructing,maintaining and operating the 14 sbX E-Street Corridor Bus Rapid Transit Project("Project"), for the purpose of all necessary and 15 convenient activities associated with the Project and for public purposes. 16 2. SANBAG is and was authorized and entitled to exercise the power of eminent 17 domain for public purposes under Article I, Section 19,of the California Constitution,California 18 Public Utilities Code section 130220.5,and California Code of Civil Procedure sections 1240.010 19 through 1273.050. The use for which SANBAG seeks to condemn the Subject Property,to wit, 20 in connection with the Project and for public transit improvements, is and was authorized by law 21 and is and was a public use;the public interest, safety, and necessity require the Project;the 22 Project is and was planned and located in the manner that will be most compatible with the 23 greatest public good and the least private injury; and the Subject Property is necessary for the 24 Project. 25 3. Just compensation has been paid to the defendant, and such sums were accepted 26 by defendant. Said payment shall equal the total amount of just compensation owed to defendant 27 for the Subject Property and all other claims and damages which defendant could have as a result 28 of this action,the acquisition of the Subject Property, and the construction and operation of the 354088 1 - 1 - FINAL ORDER OF CONDEMNATION i I Project in the manner proposed, including, but not limited to, severance damages,loss of } E 2 goodwill, loss of or damage to improvements pertaining to realty,fixtures,equipment,and/or 1 3 inventory,precondemnation damages,leasehold bonus value,claims for attorneys' fees,litigation i i 4 expenses,statutory costs,interest,relocation benefits and/or costs and claims,and any and all other 5 kinds of compensation, damage,or other claims arising out of or relating to the taking of the Subject 6 Property and construction and operation of the Project in the manner proposed. 7 4. The right in and to the Subject Property shall vest in SANBAG upon the 8 recordation of this Final Order of Condemnation in the office of the Recorder of the County of 9 San Bernardino, State of California. All liens, leaseholds, and encumbrances of whatever kind 10 and nature on the Subject Property shall be cancelled. 11 Dated: j 12 the Su rior Court 13 14 15 16 17 18 t 19 20 21 22 23 24 25 26 i 27 28 354088 1 -2- i FINAL ORDER OF CONDEMNATION f I 1 f i f LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT - w i . PARSONS I a1Co E.Cunii Rom Su.:-2CO,nnlado:C,?91 781 :c!Y :lent:VZ-21 S r:'�• ss.a ^,p-iE95 '.r,.:.•.p_•^,.^:ns.c,n ! �. �• i EXHIBIT A RIGHT OF WAY AP 0141-241-26 THOSE PORTIONS'OF LOT 29,BLOCK 54,RANCHO SAN BERNARDINO,IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER:MAP RECORDED IN BOOK 7,PAGE 2 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO CQUNTY,SAID LAND IS ALSO DESCRIBED IN THE GRANT DEED RECORDED MARCH 3..2006 IN DOCUMENT NO:2006-0.148.310,OFFICIAL RECORDS,IN THE OFFICE OF SAID COUNTY RECORDER,DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSEOTION OF'THE SOUTH LINE OF SAID GRANT DEED AND THE WEST RIGHT OF i W4 LINE OF"E°ST.R•EET(1,0M04 FEET WIDE)AS DESCRIBED IN THE EASEMENT DEED TO THE CITY OF SAN BERNARDINO'I iC... ED DECEMBER 81,1.962 IN B.DOK.58'26,PAGE 872 OFFICIAL RECORDS,,IN THE ,OFFTCE.OF SAID.CO.UNTf RT=COR[3�R;THENCE N..69°25.08"W.ALONG.THESO.UTHERLY LINE'DI`SAID DOCUMENTNO.2008-0148340,A.DISTANCE OF.8:20 FEET;THENCE N.00°22'45"W.PARALLEL WITH WEST I LINE OF'SAID"E"STREET,A:DISTANCE•OF 106.72 FEET;THENCE 4-.54°25'09"E..'.A DISTANCE OF 3.8B.FEET; ! THENCE.N;00°22'-3".W„PARALLEL WITH'WEST LINE OF SAID"E'.STREET,A DISTANCE OF 54.51 FEET TO. f THE POINT OF.dURVE OF A NDI+ITAN.GENT CURVETOTHE RIGHT,-OF WHIGH THE RADIUS POINT LIES I S.581.3-v3ramk,A RADIAL DISTANCE OF'35.00 FEET;THENCE SOUTHERLY ALONG THE ARC,THROUGH A CENTRALANr�LE OF 31°05'39";.A.DISTANCE OF 18.99 FEET TO THE WEST 1-1-NE OF SAID"6":STREET; THENCE 5.00°22'45"E.fiW.NG.SAIQ•WEST LINE OF"E"..STREET,.A O(ST-AINCE OF 145.5.4 FEET TO THE POINT OF BE:GINNING.. CONTAINING 1.,T35 SQUARE FEET,MORE OR LESS AT-L AS MORE PARTIEU.LAR1 Y sHOW.N:ON EXHIBIT B.ATTACHED HERETO.ANTS lvil(D A.:PART HEREOF. DATED THIS N:ST.1 T.DAY`OE 5EPTEMBET2,201­9 QPpfE,Ss-./0. ROBERT EDWARD 6 FENS, 3'E:25058 2M REGISTRATION EXPIRES 12131!'11 i APH'0141•241•E&R0W Page 1 I `I I 4 � f { I BEARING & DISTANCE DATA No. BEARING DISTANCE• (FT) 1 S00'22'45"E 145.54 ' © 989'23'08'11 8.20 3 900'.22'45"W 106.72 1 4 954'25'09"E 3,8.8 QRA1VC71r SNDW 05 '900°22'4511 54.51 ROAD CURVE DATA No.. R A L 6 35.00 31°05'39" 18.99 LAJ� Z N J~. Jtv - N rap V)'o (RAD) sp 6 o " • A. b I .0 o ;cc s H:s, /2 S'LY LINE DOC. #20.06-01483IG M. 50' S0' WLY LINE DOG.. #95-00169 G.R. 2 P_0.6. 0 ' n u 8-243 °o EXHIBIT B PARSONS °` o6ta4nQro S. tzoo r 1 cq�sr-t xo+n, sutrs too lI:PH 10.441-26 1' 0 OA•YIR10, C'�L1►ORN1A 91101 R`I`GHT OF WAY '�'" t of 1 `s i s . i • i I I • s i s ' I i ' I • - i LEGAL DESCRIPTION AND PLAT.MAP FOR TEMPORARY j CONSTRUCTION EASEMENT • � i , S I PARSONS I 3200 C..Guas:i Foro,Suila 200,Gnuavo,CA 91761 _Iept:one:909-216-3600•Fax 90--218-36U5• www.par<_ons-com 1 i EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141.241-26 THAT PORTION OF LOT 29,BLOCK 54,RANCHO SAN BERNARDINO,IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7,PAGE 2 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNAROINO COUNTY,SAID LAND IS ALSO DESCRIBED IN THE GRANT DEED RECORDED MARCH 3,200 IN DOCUMENT NO,200"148310,OFFICIAL RECORDS,IN THE OFFICE OF SAID COUNTY RECQRDER,DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE.SOUTH-LINE OF SAID GRANT.QEEO AND THE WEST RIGHT i Q.F WAY LINE OF"E"STREET(100:00 FEET WID El.As DESCRIBED IRTHE EASEMENT PEED TO THE CITY OF SAN BERNARDINO RECORDED DECEMBER 3.1., 19.62-IN BOOK 58x6,PAGE 872 OFFICIAL FtEC'ORR$,iN THE Q.FFICE OF SAID COUNTY`RE @ORDER;T�NENQE ALONG THE--SO,UTH LINE'QF.SAI0 GRANT DEED.NORTH r 89•.23!0$W WEST 820 FEET TO THE TRUE POINT OF BEG I'NNING;�THENCE N-89°23'08"W.,A DISTANCE OF 5.00 FEET;THENCE N.00°22.45'W.,A DISTANCE.OF 1`48.39 FEET;THENCE N•.30°1733"W.,.A'DISTANGE'.OF 1-3.88 FEET;THENCE N.55°38'15`W.,,A DISTANCE OF 12.11 FEET;THENCE-S.87°58'24"W;,AOISTANGE QF. 36�&FEET;THENCE N.56°.42'25"E.,A DISTANGE. OF 18:98 FEET;TO A TANGENT CURVE TO THE RIGHT,OF WHIC14 THE RADIUS POINT.LIES S.33°T7'35'E.,A RADIALDISTANCEOF:35-00 FEET;.THENCE EASTERLY ALONG THE ARC,THROUGH.A CENTRAL AN&E OF 91°49'11',.A DISTANCE OF'56.09 FEET;THENCE S:00°2 '45"E.,A DISTANCE OF 54.51 FEET,THENCE 5.5.4°25'09"W.,.A DISTANCE OF 3:88 FEET;THENCE 5:00°.2.245"E.,•A DISTANCE OF 1106-72 FEET TO'THE TRUE POINT.OF BEGINNING'.00NTAINING 1,744 SQUARE FEET-;MORE OR LESS. A(1 Aw;NIOFiE PARTICI.9.LAR.LY SHOWN::04.E)(HI81T B.ATTACHEO HERETO AND MADE A PART HEREOF. DATED THIS I6TH•DAY'OF SEPTEMBER.,20:10 Q�;p031.0 cr- :z. ROBE IT.EDWAAD ST .'F S;PE 25068 *' ' FiE.GISZRATI.ON EXPI. ES?2/31111 ' ..QF.•pL1F��• ' APN•Ol'+41-242-26 Tl:E - Page 1 i i CURVE DATA 1 No. R I A l 6 1 35.00 91'4911" 1 56.09 BEARING & DISTANCE DATA No. BEARING DISTANCE (FT) Q 589*Z3'OrEl 5.00 i N89'23'08'i 8.20 ORANGE S H O W 03 N00'22'45"W 106.72 4 N54'25'69"E 3.88 R0'AD © N00'22'49'W. 54.51 7 556'42'25 W 18'.98. QB NW58'24"E 38.85 �9 565'38.15-E 1.2.11 530°17:33°E 1'3:.88 6 .500°22'45`E 148.39 �w ( J ce) 1 J tD N 53°17'35"E B::co yc�_ (RAD.). :NAB°3.1,3.611E I 6 (RAD) 7 . so_ 6 :9: a a I i • F 1 t . I: L 1 I to tlJ � I 4: tMM- N Lu MI 3 I MUM SAN BEfRNA mna S'LY LINE DOC. #2006-0148310 M. 50' 50' a N'LY LINE DOC. #95-003169 O.R. 1 T.F.Q.B:.' 2 R:0.8.. o b m s•-243 E H 1 B1.T , E$F2n 1PARSONS 3 O EAST GUAIIJ ROM,SULTE zoo AP:N 1•}}1-2:41-'26 `•°4` 1°�0' 'o OIITA@IO•,L►I.TFORAIA SUM } TEMPORAR-Y CORSTR-UCT.14•N. U.SEMENT t of 1 • o RECORDING REQUESTED BY: SANBAG 1170 West 3rd Street,2nd Floor San Bernardino,CA 92410-1715 WHEN RECORDED MAIL TO: CITY OF SAN BERNARDINO 300 N.D STREET,3RD FLR SAN BERNARDINO,CA 92418 EXEMPT FROM REC.FEES PER GOVT.CODE§27383 APN(s): See Exhibit"P' QUITCLAIM DEED EXEMPT FROM DOC.TRANSFER TAX PER sbX Parcel#B245-C6 REV.&TAX CODE§11922 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SAN BERNARDINO ASSOCIATED GOVERNMENTS, a public agency existing under the laws of the State of California ("SANBAG"), acting as the San Bernardino County Transportation Commission, a public agency existing under the laws of the State of California ("Grantor"), does hereby REMISE, RELEASE and forever QUITCLAIM to the CITY OF SAN BERNARDINO, a California Municipal Corporation ("Grantee"), all of the right, title, and interest in the permanent easement(s) located in the City of San Bernardino, County of San Bernardino, State of California, as identified in those certain recorded instrument(s) listed in Exhibit "1", and further described as a permanent easement in a copy of said instrument(s) as Exhibit(s) "2", 66399, 64499, 66599, 6669 , 66799, 66899, 669" and "10", respectively, attached hereto and incorporated herein by this reference. Prior to the execution and recording of this Quitclaim Deed, the permanent easements were in favor of Grantor pursuant to those certain instrument(s) dated and recorded in the Official Records of San Bernardino County, California as indicated on Exhibit "I". Notwithstanding anything contained in this instrument to the contrary, to the extent that the (any) instrument identified in Exhibit(s) "2" through "10" include(s) a temporary easement (such as and including without limitation, for example, a temporary construction easement), this instrument does not include the same and, therefore, there shall be no transfer, assignment, set over, conveyance, grant or quitclaim of such temporary easement(s) or any interest therein by, under or pursuant to this Quitclaim Deed. Any facilities located within the property (properties) described as a permanent easement in the recorded instrument(s) attached hereto as Exhibit(s) "2" through "10", are being left in place in an "as is, where is, with all faults" condition. Grantee acknowledges and agrees that Grantor is conveying all right, title and interest in and to the herein-described real property on an "as is, where is, with all faults" basis. And Grantee further acknowledges and agrees that Grantor does not warranty the condition of the facilities and does not guarantee their fitness for any purpose. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below. Dated: GRANTOR: SAN BERNARDINO ASSOCIATED GOVERNMENTS acting as the San Bernardino County Transportation Commission NOTARY ACKNOWLEDGEMENT: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF } S.S. On before me, Notary Public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature SEAL: ACCEPTANCE This is to certify that the interest in the real property conveyed by the within instrument to the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council, and grantee consents to the recordation thereof by its duly authorized officer. CITY OF SAN BERNARDINO By: City Clerk Date: I EXHIBIT 66199 PARCEL/DOCUMENT LISTING Recorded Exhibit sbX Property Document Number Description /Comment 2 B245 0141-241-36 1250 S E St. 2013-0108497 Final Order San Bernardino CA 92408 3 B251 0141-241-20 1286 S E St. 2012-0326164 Final Order San Bernardino CA 92408 4 B268 0141-261-05 494 W Orange Show Rd. 2012-0019443 Final Order San Bernardino CA 92408 5 C1 0141-372-20 375 W Hospitality Ln. 2011-0356002 Final Order San Bernardino CA 92408 6 C2 0141-372-21 412 W Hospitality Ln. 2012-0433172 Final Order San Bernardino CA 92408 7 C3 0141-372-26 325 W Hospitality Ln. 2011-0467961 Final Order San Bernardino CA 92408 8 C4 0141-372-25 348 W Hospitality Ln. 2012-0045618 Easement/Agreement San Bernardino CA 92408 9 C5 0141-372-33 275 W Hospitality Ln. 2012-0012172 Final Order San Bernardino CA 92408 10 C6 0141-372-40 268 W Hospitality Ln. 2011-0468554 Final Order San Bernardino CA 92408 EXHIBIT 662" PARCEL NO. B-245 (FINAL ORDER) [SEE ATTACHED] PLEASE COMPLETE THIS INFORMATION. Recorded In Official Records,County of San Bernardino 3/14/2013 I „� v DENNIS DRAEGER 4:17 PM EM RECORDING REQUESTED BY: a+N ASSESSOR — RECORDER — CLERK San Bernardino Associated Governments,a Joint n° Powers Authority,acting as the San Bernardino P Counter County Transportation Commission AND WHEN RECORDED MAIL TO: DOC#: 2013—0108497 Titles: 1 Pages: 20 I Rick E.Rayl Fees 72.6e Nossaman LLP Taxes 0.00 18101 Von Karman Avenue,Suite 1800 other 0.00 Irvine,CA 92612 PAID $72.00 (EXEMPT FROM FILING FEES- GOV.CODE, § 61031 THIS SPACE FOR RECORDER S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form#R25 American LegalNet,Inc. vwiw.US CourtForms.co m { 1 NOSSAMAN LLP SCANNED � RICK E.RAYL (SBN 174257) 2 rrayl @nossaman.com BRADFORD B. KUHN(SBN 245866) F I L E D 3 SUPERIOR COURT bkuhn@nossaman.com CON `f OF SAN BERNRICNO SA 4 Special Counsel SAN F " 18101 Von Karman Avenue, Suite 1800 MAR — 4 2013 5 Irvine, CA 92612 ) Telephone: (949) 833-7800 � LdO I 6 Facsimile: (949) 833-7878 By u0puty 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1104964 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR AL,L PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DONNA GUNNELL GARZA, DEPT. S38 17 Plaintiff, [ INAL ORDER OF 18 vs. CONDEMNATION 19 F&C JARA PROPERTIES FOURTH LIMITED PARTNERSHIP,a California limited partnership; [Parcel No. B-2451 20 et a]., 21 Defendants. Action Filed: April 15, 2011 22 Trial: November 13,2012 X23 [EXEMPT FROM FILING FEES - GOV. CODE, §61031 4 ' ft-0ft-�5 7 28 335840 2.130C FINAL ORDER OF CONDEMNATION .l j 1 Plaintiff San Bernardino Associated Governments, a Joint Powers Authority, acting as the San 2 Bernardino County Transportation Commission("SANBAG"),having applied for entry of a Final Order f 3 of Condemnation,having previously stipulated to a Final Judgment in Condemnation,and SANBAG I 4 and defendants having waived a Statement of Decision,a Final Judgment having been entered,and 5 payment having been made in full, no other party or person having or claiming to have an interest in the l i 6 property being acquired or the compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE,IT IS HEREBY ORDERED,ADJUDGED AND DECREED AS i 8 FOLLOWS: i 9 1. As provided in the Final Judgment in Condemnation, SANBAG is acquiring portions of 10 the property described in the attached Exhibit"A", designated as San Bernardino County Assessor's 11 Parcel Numbers 0141-241-36 and 0141-241-39, located at 1250 S. E Street and 1266 S. E Street, San j 3 12 Bernardino, California,and more particularly described as SANBAG Parcel Numbers B245 and B-247• 13 2. Pursuant to the Final Judgment in Condemnation,the property described in the attached 14 Exhibit"B" and Exhibit"C" is hereby condemned to SANBAG for the purposes of constructing, 15 maintaining and operating the E-Street Corridor sbX Bus Rapid Transit Project("Project"),for the 16 purpose of all necessary and convenient activities associated with the construction of the Project and for 17 public purposes. Said interests in real property consist of the following(hereinafter collectively referred 18 to as the"Subject Property"): (1) a permanent easement on Parcel B-245 totaling approximately 672 19 square feet; (2) a temporary construction easement on Parcel B-245 totaling approximately 866 square 20 feet; (3) a permanent easement on Parcel B-247 totaling approximately 131 square feet;and(4)a 4 21 temporary construction easement on Parcel B-247 totaling approximately 1,067 square feet. 22 3. The temporary construction easements shall commence seven days from the date upon 23 which SANBAG or its authorized representative provides the applicable defendant with written notice 24 of its intent to commence construction utilizing the temporary construction easements and shall 25 terminate on the earlier of(a)the date upon which SANBAG notifies the applicable defendants that it no 26 longer needs the temporary construction easements, (b) six months from the commencement date of the 27 temporary construction easements, or(c)December 31,2013. 28 335840 2.DOC 1 FINAL ORDER OF CONDEMNATION t 1 4. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 2 public purposes under Article I, Section 19,of the California Constitution,California Public Utilities Code 3 section 130220.5,and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 4 for which SANBAG seeks to condemn the Subject Property,to wit, in connection with the Project and i 5 for public transit improvements, is and was authorized-by law and is and was a public use; the public 6 interest, safety, and necessity require the Project; the Project is and was planned and located in the i 7 manner that will be most compatible with the greatest public good and the least private injury; and the 8 Subject Property is necessary for the Project. 9 5. Just compensation has been paid to Defendants,and such sum was accepted by 10 Defendants. Said payments shall equal the total amount of just compensation to Defendants for the 11 Subject Property and all other claims and damages which Defendants could have as a result of this i i 12 action,the acquisition of the Subject Property,and the construction of the Project, including but not i 13 limited to, severance damages,loss of business goodwill,loss of or damage to improvements pertaining to 14 realty,real and personal property,fixtures,equipment,and/or inventory,precondemnation damages,claims 15 for attorney's fees,litigation expenses,statutory costs,interest,relocation benefits and/or costs and any and 16 all other kinds of compensation,damage,or other claims arising out of or relating to the taking of the 17 Subject Property. 18 6. The right in and to the Subject Property shall vest in SANBAG upon the recordation of i 19 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State J 20 of California. All liens, leaseholds, and encumbrances of whatever kind and nature on the Subject 21 Property shall be cancelled. 22 23 Dated: tDO ge of the Superior Court 24 25 UNN ELL GARZA 26 27 28 2 FINAL ORDER OF CONDEMNATION I t . E r t i S 1. ' t ! I i i • i EXHIBIT A t t I Legal Description for Larger Parcel ' f i i The land referred to herein is situated in the State of California,County of Sun Bernardino,City of I San Bernardino,and described as follows: TRACT 1 •PARCEL L ALL THAT PORTION OF LOT 29,BLOCK 54,RANCHO SAN BERNARDINO,IN THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOCK 7,PAGE 2 OF MAPS:IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS_ BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 29,SAID POINT BEING ON THE WEST LINE OF "E"STREET(82.5 FEET WIDE);THENCE ALONG THE EAST LINE OF SAID LOT,NORTH 000 19' 33"WEST 315.53 FEETTO THE TRUE POINT OF BEGINNING;THENCE NORTH 89° 16'56" WEST 259.21 FEET TO A POINT ON THE EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA,RECORDED APRIL 18,1955 IN BOOK 3622,PAGE 375 OF r OFFICIAL RECORDS OF SAID.COUNTY-AND STATE;THENCE ALONG SAID EASTERLY LINE OF THE STATE OF CALIFORNIA LAND,NORTH 8°31'05"EAST 83.15 FEET TO THE BEGINNING OF j A CURVE SOUTHEASTERLY;THENCE CONTINUING ALONG SAID EASTERLY LINE OF THE STATE OF CALIFORNIA LAND AND CURVING TO THE RIGHT WITH A RADIUS OF 200 FEET, THROUGH A CENTRAL.ANGLE OF 12°34'26"A DISTANCE OF 43.89 FEET,MORE OR LESS,TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO THE SHELL OIL COMPANY,RECORDED DECEM13ER 3 t, 1962 IN BOOK 5826,PAGE 454 OF OFFICIAL RECORDS OF SAID AUNTY AND STATE;THENCE ALONG THE SOUTH LINE OF SAID SHELL OIL COMPANY LAND SOUTH 890 19' 56"EAST 233.78 FEET TO THE SOUTHEASTERLY CORNER THEREOF,SAID POINT BEING ALSO ON THE EAST LINE OF THE AFOREMENTIONED LOT 29; THENCE ALONG THE EAST LINE OF SAID LOT 29,SOUTH 000 19'33"EAST 125.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: AN EASEMENT IN PERPETUITY FOR INGRESS AND EGRESS OVER AND ACROSS THE WESTERLY 30 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF LOT 29,BLOCK 54,.RANCHO SAN BERNARDINO,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOCK 7 PAGE 2 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 29,THENCE ALONG THE EAST LINE OF SAID LOT,NORTH 00° 19'33"WEST, 183.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE EAST LINE OF SAID LOT 29,NORTH 00°IT 33"WEST, 131.64 FEET;THENCE NORTH 89°19'56"WEST,168.75 FEET;THENCE SOUTH 00°19'33"EAST PARALLEL WITH THE EAST LINE OF SAID LOT 29,A DISTANCE OF 131.64 FEET;THENCE SOUTH 890 19'56"EAST, 168.75 FEET TO THE TRUE POINT OF BEGINNING. 'AND Page 1 of 4 t I i TRACT 2 PARCEL.NO. 1: f ALL.THAT PORTION OF LOT29,BLOCK 54,RANCHO SAN BERNARDINO,IN'iT"IF; COUNTY OF SAN BERNARDINO,STAI E 017 CALIFORNIA,AS PER MAP R13CORDED IN 13000 7 01:MAPS;PAGIE(S)2 IN•FHG OFPtCI:or T'i 113 COUNTY RECORDER 01' _ SAID COUNTY,MORE PARTICULARLY DESCRI BCD AS FOLLOWS: BEGINNING A•1"I't-tE SOUTHEAST CORNF:Il 01:SAID LOT 29;SAIL)POINT 8131NG ON s THE WEST 1.11111:OF r.J fRE1.1'(82.5 FE-ET WIDG);'n iC•.NCE ALONG TI-11i 1 AST LINE OP SAID L O1',NORTH 00° 19'33" 'l ST'!8:.89 F66T"ro THE RIJE POINT'OP 4 BSS NNINO;T'HBNC6 CON'T'INUING ALONG'FHE CAS1'LINE OF SAID LOT 29, 1 NORTH 00°19,'33"WPST 131.64 FEKX;'THI NCE.NCIRTI•I 89° 19'5s*WEST 168.75 PELT: THENCE SOUTH 00` 19'33"EAST AND PARALLEL,WITH THIS E.AS'T LINO OF SAID LOT29,A DISTANCE OF 131.64 Fl3X:`F;l'I-IENCL•-'SOLPI'H 39° i9'SG"F..1S1'163 I5 FGG l' j TO"T'FIL TRUl'-:1301N'T OP HrGINNING. f.XCGP'FiN(;'1'1.-N=RCFR.OM')'I•iB EAST;RLY 8,75 1�'l3ET OF THE,ABOVE'DESCRIBED PROPERTY FOR STREET PURPOSES. PARCEL N0.2: AN GA.SEMGNT F=OR THE Pl1RPOSf-'Or INGRESS AND ILGRESS TO BE USED IN COMMON BY THE AI30VE NAMI:I)GRANTOR AND GRAN FES ANT)TFIFIR R1ES1'L-:Ci'IVF_SUC:CI?SSORS AND ASSIGNS OPON,UV1:R ANT)ACH05S Tl 117 FOLLOWING DF;SCRIBED PARCEL OF LAND: ALL THAI'1'OR350N Ol.LOT 29.I)LOCK 54,IIANC1-10 SAN 1313,12NARDIN0,IN THE C'OUN.TY OF SAN 1312-*11NARDINO STATE 01:CALIFOkNIA,AS I'lik MAP 1R1:COit1)Ha IN BOOK-7 OF MAPS,PAGE.2,IN I'll E,03-FICU O T'1•ti':COUNTY 12T:('.ORDL'R OF SAID COIINFY,MORE PAIt't7CULARLY p1 SCRit3ED AS FOLLOWS. BEGINNING AT'Tllis 50U'1'tHiAST<:URNi;I{OF%All)E(YT29,SAID POINT 131:INti ON 1 FIt;1T�t s!'L,fI.0-.c}F'l'S'Fltr[:)'(B?S fli'r-I'WII(i);TI1EN.i CI;.At<)�S0 THE i:A5 IANi.: ? _. OF,SAID L<)'1"29,NORThI f)U° t9'3T't4fiS'I 3f1'1.G4 fa';(i"Tiif:NC:1'i N(;RT t{89°19'S6" Ws:S"I'3.75 rlili'I'1'0'1'1"lr.,-ritl,ir POk*s F 0)'DEX)INNING;•THE Ct:A1..0NG A LINT 1?ARALLL'1, 10 AND 8.11 5 ' FRONITI•lr:t'_AST11NEO SAID LOT 29,SOUTH 00° 19'33"HAS F 32-00 rIT:I;TT'IVNt;I:NORTH 89°19'iG'WEST 59.00 FVLi•I':lli1:NCC:IN A NORITICASCIiR1.Y DIRE PION G•0 FE.11 F,tv1OR-,OR I,F�SS'k O VI 11: "TRU2 POINT O1=1 EGINNING. PARCEI.NO..i_ AN FiAStilV1{iN't'F<)R'11)(i III RPOSE:OI:INGRENS AND IiG121 SST(?t.1F.t)Sti131N COMMON i3Y'I'HE AliOVli NAMtit)(r1tAN't'Oit AND C)RAN')T:L:AND'Ii")I;kR {i2•I?-111-;tdh14•Atuchmu8 I Page 2 of 4 i I i j I F 1 1 RESPECTIVt":SUCCESSORS AND ASSIGNS UPON.OVER AND ACROSS'1'1 R j FOLLOWING I.)ESCRIBED PARCEL OF LAND: I I -ALL'IHAT POK11ON OF L-OT 29,BLOCK 54,RANCHO SAN 13RIt1VARDINO,IN THP r COUNTY OF SAN f3UNARDINO,STAT IS OF CALIFORNIA,AS PR MAP RECORDED I IN BOOK 7 OF MAPS,PAGE 2,IN THE OrITICE C 't HS COUNTY RIiCORE) R OF SAID COUNT-Y,MORE PARTICULARLY DC-SCRIBED AS rOIA-OWS: BFUNNING A'i'Ti•I£SOIJ'1TdL3AST CORNER Or SAID LOT 29,SAID POINT BEING ON THE WEST LINE OF'E'ST'RE13-1-(132.5 FEF 1'W►DI:);1'HENCE ALONG THEi EAST LINE, OF SAID LOT29,NORTH 000 19'33"WEST 151.89 FF131';1'[IENCf:NOIt't'I.1",19'56 WEST 5.75 I'EFTTO'fl'L 1RUE POINTOF BEGINNING:THENCE ALONG A LINE PARALLCLTO AND 8,75 FrET'.A DISTANCIi Wt"�`t'ERL.Y 1-ROM T1•lf iiASf LINE Of SAI D LOT 29,NORTT•I 00°19'33"WEST 32.00 FF C l';THENCE,NOR 1.189° 19'5V WEST' ; 50.00('E13T;THfiNCC IN A S0UTH6AS'II:RL_Y DIRECTION 60 l C-f-,T MORI:OR LESS,TO THE TRUF POINT OC•13ECINNINGi. PARCPL NO.4-. AN EASEMENT FOR THIS PIJRPOSt3OF BAECTING AND MAINTAINING,A Fnl- j STANDING SIGN END PURPOSE INCIDENIAL'Il-IL••R'ETO UPON,OVL'IZ,a-DER AND ACROSS THAT PORTION Or La'1'29,13LOCK 54,RANCHO SAN 131 RN:1RI)INO,IN 1 FIf COUNTY GI SAN BERNARDINO,SPATE OF CALIFORNIA,AS PER MAP RE.CORDf.D IN BOOK 7 OF ivIAPS,PACiG 2,IN TI-11 OFFIC:B OF'PI-ILi COUNTY IiG('ORD{;t1 OF SAID (;OUNTY,MORE PAR1'ICUL.ARLY DESCRUIR-D AS[•OLLONVS; 13EGINNtNO ATTHE SOU,n4wrS,rV-,I 1.Y CORNEIL Or T!I;Vr PROPI'R'lY LCASEV TO SANDY'S RESI'AURAN'I;INLAND(1;iN Cl:tt,INC.,AND RECC)RDIL NUYfi=lvil3LCR 22, 1967,!N 1300K 6930,PAGL'•:3-97 OL'OFFICIAL RECORDS OF SAID COUNTY;11.11"NCk, ALONG TUP SOU1T•IL'-It1A IJNCi or SAID SANDY'S.PROPEit't'Y•SO(1't'I1 S9'19'SG" EAST 13.96 1=E8T'Tl IliNC1.NOt1'1110"40 04"L•AS1'7.0 FF;f I--. 1iiiNCl'NORTH 89°t9' 5G'WEST 13.001'L,I:'F'f0'rHS Wt S1'ERLY LINE O!'THE,AFORIC1vtEN'17I0Nf7.1}SANDY'S RLS1'AUIIANT PIkOl>Ctt'i'Y;'r"I-If-NC C'AI.ON(i'!"liE WriS"I'GRLY LINE Of"SAID SANDY'S RlaST'AURANT PROPERTY,SOV11L1 r 31'OS"WI;S"I'7 FEE;'r,MORE;Olt 1_I:SS, 1 O Tli}i 110IN M Or B OII WING. PARCEL NO.5: AN f,-ASGMI:N1'F{)t2 Tlilz NtJLtPOSfiU! 1 A1'I\G MAINTAIN{N0,IWPAIRING ANL) ItI:Pi.F.CI'�1GAN f^.t.,1:G1'RICA.LC.C)N1)'.!1'!',1)L`•SC:kIi3lii7 AS-P(>Lt.OVIS: 1 13F,ING At.l.'1'tiA'1't'Ott1'fON OF LO'T34,131.0C.X 54,RANCHO SAN BERNARDIN0,IN L'1—LG COUNTY OF SAN 131iRI�iAR1)1N0,S'PA't'I;Or CAL.I I Ot1I IA.AS PI:t1 MAP RECORDED IN 11300K 7 OF MAPS,VAGE-2,IN11111L.,OFFICE 011-THI:COUNTY W-WORDER Or SAID COUNTY,MORIi PAR'11C;111.Al2I.Y'l;t SC:t14131C1.)AS !'31=<;LNI`ttv(i A!"I"f 11 SUITI'tNS't'C:ORirI1:L:Ot 5.411)t 0'I'39,SAIi?POINT'I3t:iNG ALSO ON'CEIL'wI--.jTIiRI,Y I_INI:01= 1 5'1'111:[.:1'.8230 PEIZ.3,WIDti;'CHIiIJ(.`ii AI_ON(i E'Itii KAS'1'Lllvfi OF SAIL)LO't'?'3.NOR'[i t 0°I')'3; W(:5'1'315.53 F13i1':'1'ILiiNC4°. *IOIZ'1'1.1 89°I9'S6"WJ75'1'8.751 lit t"1"C)'i'Ifli SUI}"il I1.AST'C c_1Ri�tl:R OI 1'IIA't t PRL)1'13R'fY I.L;ASI:L7 fO SANi)Y'S RI:"W fit ANY,INLAND C EN11't:Y.,INC:..ANI) ` t3bI7-1 Q 1•ill•:,')•dttxVoquvn 1 . Page 3 of 4 i• i 1 ' I RECORMI)NOVEMBER 22,1967,IN BOOK 6{)30,FAM 357,OFFICIAL RECORDS 01' SAID COUNTY;THMICE ALONG'1 HE SOU'1'141=Rl.Y LINE OF SAID SANDY'S b,ltOPC;RTY,NO1TI'J189°IV 56'WI;S'1'16o ru..!"rOTHr 1•RUrm POINT OF BEGINNING: THENCE SOUTH 00 19'33"rAST 2.0 FEFT;THENCE ALONG A LINT:PARAIA.6l.TO, f AND 2-01.13-ET UIS'1'AN'r SOUTHERLY FROM T11F SOU' 14CRLY LINE O1'SAID SANDY'S RESTAURANT PROPERTY,NORTH 89919'56"WlS'I'90.46 f iMr.MORE OR USS,TO THE EASTERLY 1.,1NC,OF THAI'PROPERTY I)EEDC-. W THE STATr OF CALIFORNIA AND ItMORDM APRIL 18, 1955,IN BOOK 3622,PAGE=375,OFFICIAL, _. RECORDS OFSAIDCOUNTYAND THENCC;AI.ONG'(' -L'AS'CBRIYI.,INY0!' SAID STATE OF CALIFORNIA 1'ROPEUY,NOR'1'1•i 8"31'05"1?AST'd.0 FEET,MGRS OR { u-'ss,1'01'me SOU'Ctd},VFS'1'GR1,Y conic,OF'I'hil:AI'OMMENTIONED SANDY'S RESTAURANTPROPERTY;THENCIl AI..ONG'EHESOt.Tj"HI:Ri.Y UNEOFSAID SANDY'S RE5I'AtJRAN't'PROPI RIY SOU174 X9q 19'36"E.A&I'90.46 FSETTOTH6 t 'I'ltOr POINT OF REGINNiNG. I • II I I i i I i ' 132<?•141.1.1[-.V)•�{uz�leelU{ Page 4 of 4 • f • f t i EXHIBIT B Legal Descriptions and Plat Maps for Permanent Easements i i Coast Surveying,Inc. September 12.2012 j RIGHT OF WAY AP 0141-241-36 ! THAT PORTION OF LOT 29, BLOCK 54, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER`OF SAID COUNTY, ' ALSO BEING DESCRIBED IN THE GRANT DEED RECORDED JANUARY 5, 1995, IN DOCUMENT NO. I 1995-003169 OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS: 1 BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN SAID GRANT DEED AND THE WEST RIGHT OF WAY LINE OF "E" STREET (100 FEET WIDE) AS DESCRIBED IN THE EASEMENT DEED TO THE CITY OF SAN BERNARDINO RECORDED NOVEMBER 16, 1967 IN BOOK 6925, PAGE 467 OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID WEST RIGHT OF WAY LINE SOUTH 00°22'45" EAST 124.86 FEET TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID GRANT DEED; THENCE ALONG SAID SOUTHERLY LINE NORTH B9°23'08"WEST 5.28 FEET; THENCE NORTH 02°34'29"WEST 31.80 FEET; THENCE NORTH 53°41'47' EAST 6.82 FEET; THENCE NORTH 02°34'29"WEST 38.43 FEET; THENCE NORTH 54°36'31"WEST 7.08 FEET TO A LINE PARALLEL WITH AND 8.20 FEET WEST OF SAID WEST RIGHT OF WAY LINE; THENCE ALONG SAID PARALLEL LINE NORTH 00°22'45"WEST 46.60 FEET TO THE NORTH LINE OF THE LAND DESCRIBED IN SAID GRANT DEED; THENCE ALONG SAID NORTH 1 LINE SOUTH 89°23'08"EAST 8.20 FEET TO THE POINT OF BEGINNING. i CONTAINING 672 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON PAGE 3 HEREOF. DATED THIS 12TH DAY OF SEPTEMBER, 2012 LAND _ Q Cod,4 r y �o GWE14-VERA DEL CASTILLO, PLS 5108 " L.S. 5108 0 CAO AND 3N 108040 AP 141-241-36 RW rev Page 1 of 4 Coast Surveying,Inc. September 12,2012 RIGHT OF WAY { AP 0141-241-39 I THAT PORTION OF LOT 29, BLOCK 54, RANCHO SAN BERNARDINO. IN THE CITY OF SAN j BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, j ALSO BEING DESCRIBED AS PARCEL NO. 1 IN THE QUITCLAIM DEED RECORDED JUNE 5, 2002, IN DOCUMENT NO. 2002-0287499 OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS_ BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE LAND DESCRIBED IN PARCEL NO. 1 IN SAID QUITCLAIM DEED AND THE WEST LINE OF "E" STREET (100 FEET WIDE); THENCE ALONG SAID WEST LINE SOUTH 00°22'45" EAST 31.27 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 5.00 FEET, A RADIAL BEARING TO SAID POINT i BEARS NORTH 89°37'15" EAST; THENCE NORTHWESTERLY 7.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 81°35'08"; THENCE NONTANGENT NORTH 02°34'29"WEST 26.44 j FEET TO THE NORTH LINE OF SAID PARCEL NO. 1; THENCE ALONG SAID NORTH LINE SOUTH .89°23'08"EAST 5.28 FEET TO THE POINT OF BEGINNING. CONTAINING 131 SQUARE FEET, MORE OR LESS. 1 ALL AS MORE PARTICULARLY SHOWN ON PAGE 4 HEREOF. DATED THIS 12'DAY OF SEPTEMBER,2012 AND S DEL �P -�J \ 1. •�w'��`� �45�;�`"� f p GWEN-VERA DEL CASTILLO, PLS 5108 �,A L.S. 5108 -r�F off? of C PP-N� E E Rd 108040 AP 141-241.39 Page 2 of 4 1 1 • i ' I i ' t i t fI I I i i 8 P.O.B_ 50' S0' l N ly line 1995-003169 O.R. Palo Ld 29 nowk M.D.7/2 6 0 1995-003169 O.R. O REC. 1/5/1995 I 4 1 w F-- Sly fine 1995-003169 O.R. � W L Z N O1 t0 N f G BEARING DISTANCE 1 S00° 22' 45'E 124. 86' 2 N89° 23' 08'W 5. 28' 3 NO2° 34' 29'W 31. 80' 4 N53° 41' 47'E 6. 82' 5 NO2° 34' 29' W 38. 43' 6 N54' 36' 31' W 7. 08' 7 N00° 22' 45'W 46. 60' 8 S89° 23' 08'E 8. 20' N CHANDLER PLACE LO N M I i I I Joe #: 108=040 DATE: 12 12 EXHIBIT B I COAS/T SURVEYING, INC. SCALE: 1"=40', AP 141 -241-36 15031 PARKWAY 100P, SUITE e SHEET 1 OF 1 RIGHT OF WAY TUSTIN, CA 92780-6527 (714) 918-6266 Page 3 of 4 4 Sly tine Doc. 4 P.O.B. `#95-003169 O.R. My line Doc. #2002-0287499 0.R. O 1 N 08'02'07"E (RAD) N89'37'15"E (RAD) i pmrakfi Loa 29 i Rancho N%oa BOTH @Ming WI. 7/2 w Iw ry I Sly line Doc. V) #2002-0287499 0.R. w i I 50' 50' i } BEARING DISTANCE t I 1 S00°.22' 45'E 31. 27' j 3 NO2° 34' 29'W 26. 44' 4 S89° 23' 08" E 5. 2.8' 41.25' DELTA RADIUS LENGTH 2 81° 35' 08" 5. 00' 7. 12' in N CHANDLER PLACE Tn 50' N JOB DATE: 9 12 12 EXHIBIT 7"B" COAST SURVEYING, INC. SCALE: 1"=40' AP 141-249 15031 PARKWAY 100P, SUITE B $HEFT 1 OF 1 RIGHT OF TUSTIN, CA 92780-6527 (714) 918-6266 Page 4 of 4 E • M 4 • i i . i EXHIBIT C Legal Descriptions and Plat Maps for Temporary Construction Easements f Coast Surveying,Inc. September 12,2012 i' TEMPORARY CONSTRUCTION EASEMENT AP 0141-241-36 I I• THAT PORTION OF LOT 29, BLOCK 54, RANCHO SAN BERNARDINO, IN THE CITY OF SAN . BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO BEING DESCRIBED IN THE GRANT DEED RECORDED JANUARY 5, 1995, IN DOCUMENT NO. 1995-003169 OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS: t COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID GRANT DEED AND THE WEST RIGHT OF WAY LINE OF "E" STREET (100 FEET WIDE) AS DESCRIBED IN THE EASEMENT DEED TO THE CITY OF SAN BERNARDINO RECORDED NOVEMBER 16, 1967 IN BOOK 6925, PAGE 467 OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID SOUTHERLY LINE OF SAID GRANT DEED NORTH 89"23'08" WEST 5.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 02°34'29"WEST 31.80 FEET; THENCE NORTH 53°41'47" EAST 6.82 FEET; THENCE NORTH 02°34'29" WEST 38.43 FEET; THENCE NORTH 54°36'31" WEST 7.08 FEET; THENCE NORTH 00°22'45" WEST 46.60 FEET TO THE NORTH LINE OF THE LAND DESCRIBED IN SAID GRANT DEED; THENCE ALONG-SAID NORTH LINE NORTH 89°23'08" WEST 5.00 FEET TO A LINE PARALLEL WITH AND 13.20 FEET WESTERLY OF SAID WEST RIGHT OF WAY LINE OF"E"STREET; THENCE ALONG SAID PARALLEL LINE SOUTH 00°22'45"EAST 40.00 FEET; THENCE SOUTH 02°34'29" EAST 75.97 FEET TO SAID SOUTH LINE OF THE LAND ;. DESCRIBED IN SAID GRANT DEED; THENCE ALONG SAID SOUTH LINE SOUTH 89°23'08" EAST 5.01 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 866 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON PAGE 3 HEREOF. DATED THIS 12T"DAY OF SEPTEMBER, 2012 LAND S DEL GWEN-VERA DEL CASTILLO, PLS 5108 L.S. 5108 Q j off? OF cA\,\F i 1 1 JN 103040 AP 141-241-36 TCE rev i PAGE I of 4 I I I i e • • Cow Surveying,Inc. September 12,2012 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141-241-39 I THAT PORTION OF LOT 29, BLOCK 54, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO; STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO BEING DESCRIBED AS PARCEL NO. 1 IN THE QUITCLAIM DEED RECORDED JUNE 5, 2002, IN DOCUMENT NO. 2002-0287499 OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, i DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION-OF THE NORTH LINE OF THE LAND DESCRIBED IN SAID PARCEL NO. 1 IN SAID QUITCLAIM DEED AND THE WEST RIGHT OF WAY LINE OF"E" STREET (100 FEET WIDE); THENCE ALONG SAID NORTH LINE NORTH 89°23'08" WEST 5.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 02 034'29" EAST 26.44 FEET TO THE BEGINNING OF A f NONTANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 5.00 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 08°02'07" EAST; THENCE SOUTHEASTERLY 712 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 81°35'08" TO SAID WEST RIGHT OF WAY I LINE; THENCE ALONG SAID WEST RIGHT OF WAY LINE SOUTH 00°22'45" EAST 100.36 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL NO. 1; THENCE ALONG THE SOUTH LINE OF SAID PARCEL NO. 1 NORTH 89°2.8'08"WEST 5.00 FEET TO A LINE PARALLEL WITH AND'5.00 FEET WEST OF SAID WEST RIGHT OF WAY LINE OF"E" STREET; THENCE ALONG SAID PARALLEL LINE NORTH 00622'45" 'WEST 24.09 FEET; THENCE NORTH $9623'08" WEST 5.03 FEET TO A LINE PARALLEL WITH AND 10.03 FEET WEST OF SAID WEST RIGHT OF WAY LINE; THENCE ALONG SAID PARALLEL LINE NORTH 00622'45" WEST 100.90 FEET; THENCE NORTH 02"34'29" WEST 6.66 FEET TO THE NORTH LINE OF SAID PARCEL NO. 1; THENCE ALONG SAID NORTH LINE SOUTH 89623'08" EAST 5:01 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 1,069 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON PAGE 4 HEREOF. DATED THIS 12T" DAY OF SEPTEMBER, 2012 �AN:D F.� DEL GWEN-VERA DEL CASTILLO, PLS 5108 o L.S. 5108 OF C A\<\F. 1N 108040 AP 141-241-39 TCE rev PAGE 2 of 4 Ah i 7 50' 50' �N'ly line 1995-003169 O.R. 8 5.00' 8.20' { Poro ow dog 29 5 squck�Q Rancho Ban ownwfto M.S. 712 REC. 1/5/1995 3 I w 5.00' p CK 1995-003169 O.R. 2 Fo V) Sly line 1995-003169 O.R. P.O.C. � w In N 10 1 rn T.P.O.B. v c BEARING DISTANCE 1 N89°23' 08'E 5. 28' 2 NO2° 34' 29'W 31, 80' 3 N53° 41' 47"E 6. 82' 4 NO2° 34' 29'W 38. 43' 5 N54° 36' 31" W 71 08' 6 NOO- 22' 45"W 46. 60' 7 N89° 23' 08"W 5. 00' 8 S00° �!?' 45'E 49. OO' 9 S02° 34' 29'E 75, 97' 10 S89° 23' OWE 5. 01' CHANDLER PLACE �n N .roa #: 108-040 DATE: 9 12 12 EXHIBIT B COA ST suRVEYINQ, INC. SCALC: 1"=4o AP 141-241-36 15031 PARKWAY LOOP. SUITE B SHFET 1 OF 1 TEMPORARY CONSTRUCTION EASEMENT TUSTIN, CA 92780-6527 (714) 918-6466 PAGE 3 of 4 S'ly"line D.oc. T.P.O.8. I #95-003169 O.R. 1 ' 10 i My line Doc. J P.O.C. #2002-0287499 9 O.R_ N08'02'07"E 3 (RAD) 10.03' I i Palydon dot 29 Mack 54 Rancho San Bra airdano M.B. 7/2 I r- w 7 w ry 6 h-- V) 5.00' w Q-1 I � S'ly line Do.c. #2002-0287499 O.R. 50' 50' I BEARING DISTANCE 1 N89° 23' 08' W' 5. 28' 2 SO2* 34' 29' E 26, 44' 4 S00° 22'.45' E 100. 36' 5 N89° 23' 08' W. - 5. 00' 6 NOO° 22' 45' W 244. 09' 7 N89° 23' 0.8' W 5, 03' 8 N00° 22' 45' W 100- 90' 9 NO2° 34' 29`W 6. 66' 10 S894 23' 08' E 5. 01' DELTA RADIUS LENGTH 3 819 35' 08' 5. 00' 7. 12' 41.25' f In N �— CHANDLER PLACE N 50' (JOB 108-040 DATE: SVIZZ 12 EXHIBIT B COAST SURVEYING, INC. SCALE: 1 "=40' AP 141 -2 1 -39 15031 PARKWAY LOOP, SUITE 8 SHEET-1 OF 1 TEMPORARY CONSTRUCTION EASEMENT TUSTIN. CA 92780-6527 (71a) 918-5266 PAGE 4 of 4 EXHIBIT "Y' PARCEL NO. B-251 (FINAL ORDER) [SEE ATTACHED] I. PLEASE COMPLETE THIS INFORMATION. Recorded in Official Records,County of San Bernardino 8/14/2911 X PM DENNIS DRAEGER 04 . se RECORDING REQUESTED BY: aeprm ASSESSOR — RECORDER — CLERK San Bernardino Associated Governments,a Joint 4' Powers Authority,acting as the San Bernardino P Counter i County Transportation Commission AND WHEN RECORDED MAIL TO: Doc#: 2012—0326164 Titles: 1 Pages: 14 Rick E.Rayl Fees 0.00 Nossaman LLP Taxes 0.00 18101 Von Karman Avenue,Suite 1800 other e.ea Irvine,CA 92612 Pais $e.ee [EXEMPT FROM FILING FEES- GOV.CODE, 61031 THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form#R25 American t,Inc. www.USCourtForms.com 1' I NOSSAMAN LLP j. RICK E. RAYL (SBN 174257) 2 rrayl @nossaman.com F I L F Q SUPERIOR COURT 0=CALIFORNIA BRADFORD B. KUHN (SBN 245866) COUNTY OF SAN HERNAPDIrNO bkuhn @nossaman.com SAN BERNARDINO CIVIL DIVISION i 4 Special Counsel 18101 Von Karman Avenue, Suite 1800 JUL 1 7 2012 5 Irvine,CA 92612 Telephone: (949) 833-7800 - '��` ������.: 6 Facsimile: (949) 833-7878 TERESA WAFtNEfi,G�PUTY 7 Attorneys for Plaintiff. 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority,acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 1 I SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1104965 15 GOVERNMENTS,a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DONNA GUNNELL GARZA, DEPT. S38 17 Plaintiff, [ $P'91F INAL ORDER OF 18 vs. CONDEMNATION 19 VAROUJAN HAKIMIAN,an individual; JOSEPHINE HAKIMIAN, OR HER [Parcel No. B-251] 20 SUCCESSOR IN TRUST,AS TRUSTEE OF THE JOSEPHINE HAKIMIAN FAMILY TRUST 21 ESTABLISHED MAY 8,2008; 22 INLAND EMPIRE CARPET,INC.,a California Action Filed: April 15,2011 j corporation,dba SAV-ON CARPET&TILE; ,23 SAV-ON CARPET&MATTRESS, INC.,a [EXEMPT FROM FILING FEES- GOV. California corporation; CODE,§61031 - 4 GREENPOINT MORTGAGE FUNDING,INC.,a New York corporation; I}'Z5 DOES 1 Through 100,Inclusive; and Q1, ALL PERSONS UNKNOWN CLAIMING ANY TITLE OR INTEREST IN OR TO THE 27 PROPERTY DESCRIBED HEREIN, 28 Defendants. 323469 I.DOC FINAL ORDER OF CONDEMNATION i , I I PIaintiff San Bernardino Associated Governments, a Joint Powers Authority,acting as the San i 2 Bernardino County Transportation Commission("SANBAG"),having applied for entry of a Final Order 3 of Condemnation,having previously stipulated to a Final Judgment in Condemnation, and SANBAG i 4 and defendants having waived a Statement of Decision,a judgment having been entered, and payment 5 having been made in full,no other party or person having or claiming to have an interest in the property 6 being acquired or the compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE,IT IS HEREBY ORDERED,ADJUDGED AND DECREED AS 8 FOLLOWS: 9 1. The property described in the attached Exhibit"A,"designated as Assessor's Parcel 10 Number 14124120,located at 1286 South E Street, San Bernardino,California, and more particularly 11 described as SANBAG Parcel Number B-251,as described in SANBAG's complaint on file in this 12 matter("Subject Property") is hereby condemned to SANBAG for the purposes of constructing, 13 maintaining and operating the sbX E-Street Corridor Bus Rapid Transit Project("Project"),for the 14 purpose of all necessary and convenient activities associated with the construction of the Project and for 15 public purposes. The temporary construction easement shall commence seven days from the date upon 16 which SANBAG or its authorized representative provides the applicable defendant with written notice 17 of its intent to commence construction utilizing the temporary construction easement and shall terminate 18 on the earlier of(a)the date upon which SANBAG notifies the applicable defendant that it no longer 19 needs the temporary construction easement, (b)six months from the commencement date or the 20 temporary construction easement, or(c)December 31,2013. 21 2. The Parties agree to the following additional provision: Subject to the approval of 22 the City of San Bernardino, SANBAG shall install a radius driveway at the entrance to the Subject 23 Property as part of its construction of the Project. 24 3. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 25 public purposes under Article I, Section 19,of the California Constitution,California Public Utilities.Code 26 section 13 0220.5,and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 27 for which SANBAG seeks to condemn the Subject Property, to wit,in connection with the Project and 28 for public transit improvements, is and was authorized by law and is and was a public use;the public 323469_1 DOC 1 FINAL ORDER OF CONDEMNATION I interest, safety, and necessity require the Project; the Project is and was planned and located in the 2 manner that will be most compatible with the greatest public good and the least private injury; and the 3 Subject Property is necessary for the Project. 4 4. Just compensation has been paid to defendant,and such sum was accepted by defendant, 5 as full payment of just compensation for the acquisition of the Subject Property and construction of the 6. Project in the manner proposed, including but not limited to,severance damages,business goodwill,loss 7 of or damage to improvements pertaining to realty,real and personal property,fixtures,equipment,and/or 8 inventory,precondemnation damages,claims for attorney's fees,litigation expenses,statutory costs, 9 interest,relocation benefits and/or costs and any and all other kinds of compensation,damage,or other 10 claims arising out of or relating to the taking of the Subject Property and construction of the Project in the 11 manner proposed. 12 5. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 13 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 14 of California. All liens,leaseholds, and encumbrances of whatever kind and nature on the Subject 15 Property shall be cancelled. 16 17 Dated: dge of th Superior Court 18 19 20 21 22 23 24 25 26 27 28 i FINAL ORDER OF CONDEMNATION EXHIBIT A • i i LEGAL.DESCRIPTION FOR LARGER PARCEL ATTACHMENT"1" I The land referred to herein is situated in the State of California,County of San Bernardino, City of San Bernardino,and described as follows: j ALL THAT PORTION OF LOT 29 IN BLOCK 54 OF RANCHO SAN BERNARDINO,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7,PAGE 2 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 29; THENCE SOUTH 890 55'27"WEST,349.34 FEET ALONG THE SOUTH LINE OF SAID LOT TO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA,RECORDED APRIL 18, 1955 IN BOOK 3622,PAGE 375 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID STATE OF CALIFORNIA LAND,BEING ALONG A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 2,000 FEET,A TANGENT THROUGH SAID POINT BEARS NORTH 06°57'23"EAST THROUGH A CENTRAL ANGLE OF 01°37'09"AN ARC . DISTANCED OF 56.25 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE; THENCE NORTH 080 34'j2"EAST ALONG SAID EASTERLY LINE TO A LINE WHICH IS PARALLEL WITH AND 100 FEET NORTH,AS MEASURED AT RIGHT ANGLES,TO THE SOUTH LINE OF SAID LOT; THENCE EAST ALONG SAID PARALLEL LINE TO THE EAST LINE OF SAID LOT; THENCE SOUTH 100 FEET TO THE POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF LYING EASTERLY OF THE WEST LINE OF"E" STREET,82.5 FEET WIDE. • i f s 1 B251-141-241-20 . i i 1 i i 1. LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT i 4 ` I lI I 1( PARSONS ".::C•;�.G;7 51i;<c1.d,S:.de2G0.Gria�z:.v'-' '���r.5 7CiE,iP:C•t,t:'JAS-?:�-36f:9•F,;.�•:y�•%'2-'.'��• •nr.:•p,rr5on5.:::y.�t , i ' t EXHIBIT A I FIGHT OF WAY AP 0141-241-20 1 1 THAT PORTION OF LOT 29,BLOCK 54,RANCHO SAN BERNARDINO,IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7,PAGE 2 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING ATTHE SOUTHEAST CORNER OF SAID LOT 29 SAID POINT ALSO BEING ON THE WEST LINE OF"E'STREET(41.25 FEET HALF WIDTH);THENCE NORTHERLY ALONG THE WEST LINE OF SAID`E' STREET N-00'22'45'W.,A DISTANCE OF 100.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE S.00`2245'E.,A DISTANCE OF 18.08 FEET;THENCE 5.89'37'15"W..A DISTANCE OF 7.28 FEET;THENCE N.0&01'26'E.,A DISTANCE OF 18.03 FEET;THENCE N.89'14'53'E.,A DISTANCE OF 7.15 FEET TO THE TRUE POINT OF BEGINNING. , CONTAINING 130 SQUARE FEET,MORE OR LESS. i ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT 6 ATTACHED HERETO AND MADE A PART HEREOF. ' DATED THIS 9TH DAY OF AUGUST,2010 QQofESStp ARDslFC� No. m 90BERT EDWARD sTfiWrEhS.PE 25068 t 25068 ti REGISTRATION EXPIRES 12/31111 • i -APN 0141.241-20 ROW Page 1 i � r • i ii . � I t 50' 50' ' w W 17J N W 4 T.P.0.8.. 3 1 PON, LOT 20 OWN 54 41 .25' 50' 9 • 4 N In o N �. P.O.C. CHANDLER PLACE, N i N BEARING & DISTANCE DATA 00. sEaatdc I oISTANCE WQ 0 1' R00122'45..- 18.0:0 Q 1109'32'1v'E 1.25 o Q :5Q0.0,1'2fi'tf 10.03 50' S$9714'53 WT 7.15 1 i n EXHIBIT " B " PARSONS dM0 9AE S $015TI 0171i U17E 200 APH 141'24120. RIGHT OF WAY t of 1 . I ' r i i LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT I I . 3 PARSONS (A.U48021i.StMe 2V). r ?rim C;. ,,;f, 7i4:, ....:!V'.:..,,.7-f-A P .:5 r.::.•�;o+i:.rt;u I EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT i t AP 0141-241-20 i THAT PORTION OF LOT 29,BLOCK 54,RANCHO SAN BERNARDINO,IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7,PAGE 2 OF i MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 29 SAID POINT ALSO BEING ON THE WEST LINE OF'E"STREET(41.25 FEET HALF WIDTH);THENCE NORTHERLY ALONG THE WEST LINE OF SAID`E" i STREET N.00'2245V.,A DISTANCE OF 100.00 FEET;THENCE S.89°14'53"W.,A DISTANCE OF 7.15 FEET TO THE TRUE POINT OF BEGINNING:THENCE 5.00°01'26"W.,A DISTANCE OF 18.03 FEET;THENCE N.89°37'16'E.,A DISTANCE OF 7.28 FEET;THENCE 5.00'2245"E.,A DISTANCE OF S.00FEET;THENCE 5.89'37'15"W.,A DISTANCE OF 12.18 FEET;THENCE N.G0'21'00'1N.,A DISTANCE OF 23.00 FEET;THENCE N.89`14'53'`E.,A DISTANCE OF 5.00•FEET TO THE TRUE POINT OF BEGINNING. f CONTAINING 150 SQUARE FEET,MORE OR LESS. t ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. i j• DATED THIS 9TH DAY OF AUGUST,2010 QPOFESS/O y�5pll. ARpS W No. m m' ROBERT EDWARD S FFENS,PE 25068 d 25058 vz, REGISTRATION E IRES 12/31/11 ;r E • i 1 APN 0141.241.2liTCE Page 1 �I • I I i i r f J 50' 50' s i w w c 1- c i w r T.P.0.8. i I 5 4 3 � I 6 PON, L07 29 BLOCK 64 41.25' 50' RANCHO SAW lWaRoMo • In u P.o.c. CHANDLER PLACE s f N N GEARING &DISTANCE DATA Na sWiND DISTANCE (FT) � N00'22'4rw 6.00 589'3T`t5"K '1.29 Q3 SOOr01�26"w 19..03 • 589'U{53'1f T.15 $ ' 5 S89'7�'S3'rw 5.00 u b SW 2100"E 23.OD 50' 550, N89'�T15"E 12.15. e • u w O�PIS O EXHI BIT St B PARSMS w` ocns�z010 0 3m0 CAST 99,9541 ROAD.suns 700 APH 141-241-90 l%W • oATAA[A.ciPv0Rnu»TSB TEMPORARY CONSTRUCTION EASEMENT ,mr 1 of 1 3 1 EXHIBIT "4" PARCEL NO. B-268 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,County of San Bernardino 1102 :16 PM PLEASE COMPLETE THIS INFORMATION. DENNIS DRAEGER KB °"-" ASSESSOR — RECORDER — CLERK RECORDING REQUESTED BY: p COlillt6f San Bernardino Associated Governments,a Joint Powers Authority,acting as the San Bernardino Titles: 1 pages: 14 County Transportation Commission DOC#: 2012—�019 `� e.ee Fees AND WHEN RECORDED MAIL TO: Taxes 0.00 Rick E.Rayl Other 0.00 Nossaman LLP PAID $O.ee 18101 Von Karman Avenue,Suite 1800 Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDERS USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form#R25 American et,Inc. www.USCcurtFo uriFomus.com i I NOSSAMAN LLP RICK E. RAYL(SBN 174257) 2 rrayl @nossaman.com D 3 BRADFORD B. KUHN (SBN 245866) SUPERIOR COURT of CALIFORNIA bkuhn@nossaman.com COUNTY OF SAN BERNARDINO @ SAN BERNARDINO CIVIL DIVISION 4 Special Counsel 18101 Von Karman Avenue, Suite 1800 DEC 1 5 Irvine, CA 92612 [ Telephone: (949) 833-7800 By 6 Facsimile: (949) 833-7878 TREF;H WARNER,DEFUTy 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1104966 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DONNA GUNNELL GARZA, DEPT. S38 17 Plaintiff, 18 vs. ] FINAL ORDER OF CONDEMNATION 19 H &D INVESTMENTS, LLC, a California limited liability company; et al., 20 [Parcel No. B-268] Defendants. 21 22 Action Filed: April 15, 2011 23 [EXEMPT FROM FILING FEES - GOV. 24 CODE, § 61031 25 26 315511 1.DOC FINAL ORDER OF CONDEMNATION 1 Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission ("SANBAG") having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to a Final Judgment in Condemnation, and SANBAG and defendants 4 having waived a Statement of Decision,judgment having been entered, and payment having been made 5 in full, no other party or person having or claiming to have an interest in the property being acquired or 6 the compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE, IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit"A,"described as Assessor's Parcel ,1 9 Number 0141-261-05, located at 494 W. Orange Show Road, San Bernardino, California, and more 10 particularly described as SANBAG Parcel Number B-268,consisting of a permanent easement of 11 approximately 68 square feet, along with a temporary construction easement of approximately 651 12 square feet, as described in SANBAG's complaint on file in this matter("Subject Property"), is hereby 13 condemned to SANBAG for the purposes of constructing, maintaining and operating the sbX E-Street 14 Corridor Bus Rapid Transit Project ("Project"), for the purpose of all necessary and convenient activities 15 associated with the construction of the Project and for public purposes. The temporary construction 16 easement shall commence seven(7) days from the date upon which SANBAG or its authorized 17 representative provides the applicable defendant with written notice of its intent to commence 18 construction utilizing the temporary construction easement and shall terminate on the earliest of(a) the 19 date upon which SANBAG notifies the applicable defendant that it no longer needs the temporary 20 construction easement, (b) six (6)months from the commencement date of the temporary construction 21 easement, or(c) December 31, 2013. 22 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 23 public purposes under Article I, Section 19, of the California Constitution, California Public Utilities Code 24 section 130220.5,and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 25 for which SANBAG seeks to condemn the Subject Property,to wit, in connection with the Project and 26 for public transit improvements, is and was authorized by law and is and was a public use; the public 27 interest, safety, and necessity require the Project; the Project is and was planned and located in the 28 i FINAL ORDER OF CONDEMNATION I manner that will be most compatible with the greatest public good and the least private injury; and the 2 Subject Property is necessary for the Project. 3 3. Just compensation has been paid to H &D Investments, LLC, a California limited 4 liability company ("Defendant"), and such sum was accepted by the Defendant, as full payment of just 5 compensation for the acquisition of the Subject Property and the construction of the Project in the 6 manner proposed, including,but not limited to, severance damages, loss of goodwill, loss of or damage 7 to improvements pertaining to the realty, fixtures, equipment, and/or inventory,precondemnation 8 damages,relocation benefits, and claims for attorneys' fees, litigation expenses, statutory costs, and 9 interest pertaining to this action. 10 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 11 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 12 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 13 shall be cancelled. 14 r 15 Dated: t 16 J OF THE ERIOR COURT 17 ONNA 1NNELL GA' . 18 19 20 21 22 23 24 25 26 27 28 2 FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"1" The land referred to herein is situated in the State of California,County of San Bernardino, City of San Bernardino,and described as follows: ALL THAT PORTION OF LOT 45,.BLOCK,54,RANCHO SAM BERNARDINO,IN THE COUNTY OF SAN BERNARDINO.ACCORDING TO Iv1AP RECORDED IN BOOK 7,PAGE 2 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE LAND CONVEYED TO BENEFICIAL LIFE INSURANCE COMPANY,BY DEED RECORDED DECEMBER 6, 1961,IN BOOK 5603,PAGE 382 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTH LINE OF SAID BENEFICIAL LAND NORTH 89016'30"EAST 165.00 FEET; THENCE NORTH 01 14'10"EAST, 165 FEET; THENCE PARALLEL WITH SAID SOUTH LINE,SOUTH 89-16-30"WEST,165 FEET TO THE WEST LINE OF SAID BENEFICIAL LAND; THENCE ALONG SAID WEST LINE,SOUTH 0°14'10"WEST 165 FEET TO THE POINT OF BEGINNING. (End of Legal Description) 8268-0141-261-05 LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT """ARSONS J2..0o .:_u':.i:Rrri.Si.Ee 20. CA?i 711: - C:^:ie:S 9-=i3-3uva•Far. EXHIBIT A RIGHT OF WAY AP 0141-261-05 THOSE PORTIONS OF LOT 45,BLOCK 54,RANCHO SAN BERNARDINO,IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7,PAGE 2 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,ALSO BEING DESCRIBED IN THE GRANT DEED RECORDED AUGUST 15,2003,IN DOCUMENT NO.2003-0612623 OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER,DESCRIBED AS FOLLOWS: PARCEL A COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN SAID GRANT DEED AND THE EAST RIGHT OF WAY LINE OF"E"STREET(100 FEET WIDE)AS DESCRIBED IN THE EASEMENT DEED TO THE CITY OF SAN BERNARDINO RECORDED AUGUST 13, 1965 IN BOOK 6452, PAGE L 917 OFFICIAL RECORDS.,IN THE OFFICE OF SAID COUNTY RECORDER;THENCE ALONG SAID EAST RIGHT I OF WAY LINE SOUTH 00°18'51"EAST 56.55 FEET TO THE TRUE POINT OF BEGINNING;THENCE S.55°01'59"E..A DISTANCE OF 029 FEET TO THE BEGINNING OF A LINE 0.24 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF SAID"E"STREET;THENCE S_00°18'51"E.PARALLEL WITH SAID EAST LINE OF"E" STREET,A DISTANCE OF 30.14 FEET;THENCE 5.54°27'06"W.,A DISTANCE OF 0.29 FEE TO THE EAST LINE OF SAID"E"STREET; THENCE N.00°18'51"W.ALONG SAID EAST LINE,A DISTANCE OF 30.47 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 7 SQUARE FEET,MORE OR LESS. PARCEL B BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OFTHE LAND DESCRIBED IN SAID GRANT DEED AND THE EAST RIGHT OF WAY LINE OF"E"STREET(100 FEET WIDE)AS DESCRIBED IN THE EASEMENT DEED TO THE CITY OF SAN BERNARDINO RECORDED AUGUST 13,1965 IN BOOK 6452',PAGE 917 OFFICIAL RECORDS,IN THE OFFICE OF SAID COUNTY RECORDER;THENCE ALONG SAID EAST RIGHT OF WAY LINE SOUTH 00"18'51"EAST 135.87 FEET 70 A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 20.00•FEET AND A CENTRAL ANGLE OF 12°13'20"THENCE SOUTHERLY ALONG THE ARC A DISTANCE OF 4.27 FEET.TO THE TRUE POINT OF BEGINNING;THENCE S.48°30'18"E.,A DISTANCE OF 23.49-FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT SAID POINT OF CURVE BEING ON THE NORTHERLY LINE OF O.R,64521917,OF WHICH THE RADIUS POINT LIES N.05°31'35"E.,A RADIAL DISTANCE OF 20.00 FEET;THENCE NORTHWESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 71°56'13",A DISTANCE OF 25.11 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 61 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. � 0' DATED THIS 15TH DAY OF SEPTEMBER,2010 pEESS/ �owAR0,95 � u w m 0. m m S * Z�4 ROBERT EDWARD S ENS,PE 25068 g REGISTRATION EX RES 12/31/11 F - >7 CAL14� APN 0141-261-0S ROW Page 1 CURVE DATA No. R. I & L BEARING & DISTANCE DATA 7Q 20.00 . 71°56'13" 25.11 No. 8EARING DISTANCE (FT) P.0.B. 90 20.00 12'13'20" 4.27 Q1 N00°18'5 1"w 30.14 PAR A J © N54°27'06"E 0.29 I 1 tJ3 S00°18'51"E 30.47 Q4 N55'01'59'w 0.29 I 4 I 55 goo.18,51"w 56.55 ® 548°30'18"E 23.49 08 500°18'51"E 48.85 I I I I I P.O.C. S'LY LINE DOC. #2003-0770372 O.R. I • I N'LY LINE I DOC. #2003-062623 O.R. I I 5 SEE DETAIL PARCEL AI I PARCEL A I 3 I 50' 50J-6 I Von, LOY 45 I I RANCHO saki BERNAMNO I I • � i i �1.�3. 8/� � I I I I DOC. #2003-0612623 O.R. ti 8 REC. 8/15/2003 I ut -T.P.O.B. M 1 8 2 I a PAR B r 9 a N77°27'49"E 6 y (RAD) iu ° - o PARCEt 8 7 N'LY LINE 6452/917 O.R. N050 31'35"E (RAD) Lo ORANGE SNOW ROAD 0 0 N P • O b • N • P EXHIBIT " B „ PARSONS OTAIM10 4 3200 EAST WASTI ROAD. SUITE zoo APN 141-261-05 • OArARIO.CAUFOSNIA 91761 - RIGHT OF WAY a LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT PARSONS TWO E.Gcc`.•ti Rcm 1.Suite 2Cv.Onlx:io,CA 9.;,3; .Tsl?u!,•^� .-;:�._'o-:i61.9•; _3<<iE-�•?:JS• �;;n.Ctt3rra�.CC;; EXHIBIT A = TEMPORARY CONSTRUCTION EASEMENT ! AP 0141-261-05 THAT PORTION OF LOT 45,BLOCK 54,RANCHO SAN BERNARDINO,IN THE CITY OF SAN BERNARDINO. COUNTY'OF SAN BERNARDINO.STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7,PAGE 2 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,ALSO BEING DESCRIBED IN THE GRANT DEED RECORDED AUGUST'15,2003,IN DOCUMENT NO.2003-0612623 OFFICIAL RECORDS,IN THE OFFICE OF SAID COUNTY RECORDER,DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN SAID GRANT DEED AND THE EAST RIGHT OF WAY LINE OF"E"STREET(100 FEET WIDE)AS.DESCRIBED IN THE EASEMENT DEED TO THE CITY OF SAN BERNARDINO RECORDED AUGUST 13,1965 IN BOOK 6452,-PAGE 917 OFFICIAL RECORDS,IN THE OFFICE OF SAID COUNTY RECORDER;THENCE ALONG SAID EAST RIGHT OF WAY LINE SOUTH 00°18'51"EAST 35.79 FEET TO THE TRUE POINT OF BEGINNING;THENCE ! S.45'18'51"E.,A DISTANCE OF 7.40 FEET;THENCE S.00°18'51"E.,A DISTANCE OF 48.43 FEET;THENCE S.54°27'06"W.,A DISTANCE OF 0.82 FEET;THENCE S_00°18'51"E.,A DISTANCE OF 47.15 FEET;THENCE S.48°30'1 8"E.,A DISTANCE OF 21.13 FEET;THENCE N.88°44'56"E.,A DISTANCE OF•10.70 FEET;THENCE E S.01°28'05"E.,A DISTANCE OF 4.66 FEET;THENCE S.88°31'55"W.,A DISTANCE OF 10.70 FEET TO A POINT ! OF CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 06°59'41";THENCE WESTERLY ALONG THE ARC A DISTANCE OF 2.44 FEET;THENCE N.48°30'1 8"W.,A DISTANCE OF 23.49 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES N.77"27'49"E.,A RADIAL DISTANCE OF 20.00 FEET;THENCE NORTHERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 12°13'20";A DISTANCE OF-4.27 FEET;THENCE N.00°18'51"W.,A DISTANCE OF 48.85 FEET;THENCE N.54°27'06"E.,A DISTANCE OF 029 FEET;THENCE N,00°18'51"W.,A DISTANCE OF 30.14 FEET;THENCE N.55°01'59"W.,A DISTANCE OF 0.29 FEET;THENCE N.00-18'51"W.,A DISTANCE OF 20.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 651 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B.ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 15TH DAY OF SEPTEMBER,2.010 QRpfESSlp 4! p �� 0 � �� S�F9 F�c � • 4+ T n wd o N0, m ROBERT EDWARD 0EWVFF ENS.PE 25068 * �" REGISTRATION EXPIRES 12131/11 a�4 f CAL144- APN O14F-261-OS TCE Page 1 BEARING & DISTANCE DATA BEARING & DISTANCE DATA No. BEARING DISTANCE [FT) No. BEARING JOISTANCE (FT) CURVE DATA ® S00°18'51"E 20.76 1 N00'18'51"w 3014 No. R & L Q� S55'01'59"E 0.29 Q N54'27'06"E 0.29 qQ 20.00 12'13'20" I 4.21 © SOO'18151"E 35.79 S00'18'S1"E 48.85 © 20.00 06°59'41 2.44 @ S48'30'I8"E 23.49 Q N88'31'55"E 10.70 0 N01'28'OS"W 4.66 / Q9 S88'44'56"W 10.70 / \ 50' 50' ® N48'30'18"W 21.13 1Q N00°18'51"W 47.16 t ® N54°27'06"E 0.82 / © N00'18'51'W 48.43 1 ® N4s°IVS1 Wj 7.4.0 P.O.C. DETAIL A OOCY #2003-0770372 O.R. N.T.S. N'LY LINE DOC. #2003-062623 O.R. p, T'.P O 'B. POR. LOT 45 BLOCK 66 crt RANCHO W DUMB= Cj SEA' OETAI-L 4 NIB. 7/2 z DOC. #2003-0612623 O.R. REC. 8/15/2003 La SE -DETAIL 8 1 3 2 \ w 1 I w 3 t cc i "' 9 DETAIL 8 r 4 N.T.S. _ 8 ; N77 02749"E ° (RAID) 5 N'LY LINE ' N05°31'35"E 6 7 6452/917 O.R.. (RAD) Lo ORANGE SHOW ROAD o 0 o O v Y EXHIBIT " B " � �zsa PARSON ax of/Ol/2o10 n 3200 EAST GUASTI 30.0,SUITE 200 APH 141-261-05 • ONTARIO.CALIFORNIA 11161 TEMPORARY CONSTRUCTION EASEMENT a EXHIBIT "5" PARCEL NO. C-1 (FINAL ORDER) [SEE ATTACHED] PLEASE COMPLETE THIS INFORMATION. Rec0ded in Official Records,County of San Bernardino 5/23/2011 ' DENNIS DRAEGER PM P MP RECORDING REQUESTED BY: ASSESSOR — RECORDER — CLERK San Bernardino Associated Governments,a Joint Powers Authority,acting as the San Bernardino P Counter County Transportation Commission AND WHEN RECORDED MAIL TO: Doc#: 2011 —0356002 Titles: 1 Pages: 16 Rick E.Rayl Fees 0.ee Nossaman LLP Taxes 0.00 18101 Von Karman Avenue,Suite 1800 Other 0.00 Irvine,CA 92612 PAID $0.00 THIS SPACE FOR RECORDER S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 American LegalNet,Inc. Rec.Forth#R25 www.USCourtForrns.com I NOSSAMAN LLP RICK E.RAYL(SBN 174257) 2 rrayl@nossaman.com BRADFORD B. KUHN(SBN 245866) F I L E D 3 COUNTY OF SAN BERNARDINO bkuhn @nossaman.com SAN BERNARDINO DISTRICT 4 Special Counsel 18101 Von Karman Avenue, Suite 1800 AUG 0 9 2011 5 Irvine,CA 92612 Telephone: (949) 833-7800 ��� 6 Facsimile:. (949) 833-7878 B Deputy 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority,acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 13 FOR THE COUNTY OF SAN BERNARDINO 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS1103182 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE JOHN P. VANDERFEER, DEPT. S37 17 Plaintiff, 18 VS. WROPOS FINAL ORDER OF 19 THE STATE COMPENSATION INSURANCE CONDEMNATION FUND,an agency of the State of California; 20 SAN BERNARDINO COUNTY TAX [Parcel No. C-1] COLLECTOR; 21 DOES I Through 100,Inclusive; and 22 ALL PERSONS UNKNOWN CLAIMING ANY Action Filed: March 9, 2011 TITLE OR INTEREST IN OR TO THE 23 PROPERTY DESCRIBED HEREIN, 24 Defendants. [EXEMPT FROM FILING FEES - GOV. CODE, § 61031 25 26 � 27 28 308847 2.DOC ,f FINAL ORDER OF CONDEMNATION I Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission("SANBAG"),having previously stipulated to a Judgment in 3 Condemnation, and SANBAG and defendants having waived a Statement of Decision,judgment having 4 been entered,and payment having been made in full,no other party or person having or claiming to have —5 an interest in the property being acquired or the compensation to be paid for the property, and good 6 cause appearing; 7 NOW,THEREFORE,IT IS HEREBY ORDERED as follows: 8 1. The Property. The property interests described in Exhibit 1 and Exhibit 2,consisting of 9 SANBAG Parcel Number C-1, which is a portion of the property described as Assessor's Parcel Number 10 14137220, located at 375 W. Hospitality Lane, San Bernardino, California, consisting of a permanent 11 easement for street purposes over, on,under,in, across and through an area of approximately 1,012 12 square feet ("Permanent Easement") for the purposes of constructing,maintaining, and operating the 13 sbX E-Street Corridor Bus Rapid Transit Project("Project"), along with a temporary,non-exclusive. 14 construction easement over,on, under, in, across and through an area of approximately 4,894 square feet 15 ("Temporary Construction Easement") is hereby condemned to SANBAG for the construction and 16 operation of the Project. The Permanent Easement and Temporary Construction Easement are referred 17 to collectively as "the Property Interests." Construction within the Permanent Easement Area may 18 involve removal of landscaping, both to make way for the roadway improvements, which removal will 19 be permanent, and temporarily to facilitate construction. Defendant shall have the right to reasonably 20 approve replacement landscaping that SANBAG (or its contractors)shall.install after construction is 21 completed, but Defendant's approval shall not be more stringent than SANBAG's requirement to restore 22 such landscaping to a condition as near as practicable to the condition that existed immediately prior to 23 SANBAG's construction. The Temporary Construction Easement area may be used for the temporary 24 entry onto and use thereof to facilitate the construction of the Project improvements in the Permanent 25 Easement area. SANBAG and its contractors, employees and agents may temporarily use the 26 Temporary Construction Easement area and place necessary equipment and tools thereon to actually 27 perform the work of the Project on the Easement. No storage of materials(except plant and soil 28 amendment), equipment, tools or vehicles is allowed in the Temporary Construction Easement area after FINAL ORDER OF CONDEMNATION I construction hours. The term of the Temporary Construction Easement shall not begin to run until seven 2 (7)days from the date upon which SANBAG or its authorized representative provides the Defendant 3 with written notice of its intent to commence construction utilizing the temporary construction easement. 4 The temporary construction easement shall be valid for a period of not more than six(6)months upon 5 commencement. 6 2. Recordation of Final Order. The right in and to the Property Interests shall vest in 7 SANBAG upon the recordation of a certified copy of this Final Order of Condemnation in the office of 8 the Recorder of the County of San Bernardino, State of California. 9 10 r Dated: 11 J D OF THE SUPERIOR COURT 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 'L FINAL ORDER OF CONDEMNATION EXHIBIT 1 LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT PARSONS 3200 E.Gtnsn Rcad,Sate 200,Ontrrr,;,CA 91781 ,;elephcne.909-21 8-3W0° rar.901-218-3805• vwr r pamons.corn EXHIBIT A RIGHT OF WAY AP 0141-372-20 THOSE PORTIONS OF PARCEL 4 OF PARCEL MAP N0.6022,IN THE CITY OF SAN BERNARDINO.COUNTY OF SAN BERNARDINO.STATE OF CALIFORMq,AS PER PLAT RECORDED IN BOOK 58,PAGES 77 AND 78 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.DESCRIBED AS FOLLOWS PARCEL A BEGINNING AT THE WESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS"NORTH 89°42'56"EAST 534.94 FEET"ON THE NORTH LINE OF SAID PARCEL AS SHOWN ON SAID PARCEL MAP;SAID COURSE HAVING A BEARING OF jNbkTH 003'18°EAST FOR THE PU3POSES OF THIS DESCRIPTION{THENCE ALONG THE NORTH LINE OF SAID PARCEIL NORTH 89*43'18"EAST 40,13.FEET TO POINT'A:;THENCE S.8$"05'1 4"W.,A DISTANCE-OF 3;I;g5 FEETTO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH THE PA,ADiUS POINT°LIES S.02°07'52"E.,A:RADIAL DISTANCR OF 254.213 FEEj THN NCE WESTERLY ALONG THE AFiC:'{'1-jkQi1GH A CENtP, LANGLE OF 19'11'5,0",:A DISTANCE OF 86 n:FEET TO THE POINT OF CURVE OF A NON TA�1G 1T'CURVE TO THE LEFT,OF WHICH THE.RADIUS Pt31NT LIES S.1.9°24'36°E.,A RADIAL DISTANCE OF 253.00 FEET;THENCE SOUTHWESTERLY ALONG THEARC; THROUGH A CENTRAL,ANGLE OF 18°14'36`,A DISTANCE•OF 90.56 FEET;THENCE S:03°5740'W:,A DISTANCE OF 34.19 FEET 1 C3 THE POINT OF CURVE OF A NON TANGENT CURVE TO THE 121GHT,OF WHICH ! THE RADIUS POINT LIES N.45"3412*E A RADIAL DISTANCE OF 700,00 FEET.THENCE NORTHWESTERLY ! ALONG THE ARC THROUGH.A CF NTRttt ANGLE OF 00°3626 A DISTANCE OF 1 4z;FFEJ TO q.PO1NT flf CQMPOUND CURVE TQ THE RiGiiT F{AVING.A.RADIUS OF 20:OU FEET AND A CENT{tAL ANGLE QF 95°19'57'; TI IEtJCE NC3RTHERLYAL0t1tG:THE ARO>A QISTAIyCE OF 33 2$FEET TO A POII�jT OF Gt�MP�kIAIi CURVE TOE O THE R{6HT HAVING A PfADf(1S OE 257,00 FEET AND rq CENTRAL ANGt E OF 38'15'43";,TFtENCE EASTERLY ALONG THE ARC,A QIST .0 O'F-'171.62 FEET TO"THE POINT OF BEGINNING. CONTAINING 887.SQUARE FEET,MORE OR LESS. PARCEL.B COMMENCING AT POINT-A-"-DESCRIBED ABOVE,BEING A POINT ON THE NOE2TM I IN,i~a,El SAID PAf;CEL AS SHQWN ON SAID PARCEL MAP,-SAID CDUF SE HAVII3G.A 13EARINa-�OF'IybRTH 89 }� PURP05E5 OF THIS EbESCI2IPT)OR,TOO-IVCE ALONG THE NORTH UNE Oi='SAII]PAROEI=�C,T F 89fi�3t18' FAST 110 29.FEEI TO TNE't'P_ big-1_NLx�i=1 E INNtNCy THENCE N.89=43'!8"E.,A DtSTANZ `'C5F$( 4 FEET; THENCE S.3A`5524"►1V.,AbISTAt4bt OF268 FEET-.THENCE 5.89°43'18"W.,A DISTANCE OF 28.15 FEET; THENCE N-.35°28'48"W.,A DISTANce OF 2,66 FEET TO THE TRUi.POINT OF SEGMNING. CONTAINING 6.5 SQUARE FEET,MORE OR LESS. PARCEL C COMMENCING Al THE EA$TER�Y TER A,tINU$OF THAT CERTAIN COURSE SHOWN AS"NORTH 89"42'56" EAST 534.94 FEET'Ot+t THE NOIITH LINE OF SAID PARCEL AS SHOWN ON SAID PARCEL MAP,SAID t 0UF25I HAVING A BEARING Q.F.NQRTH 89°al3,18-EAST FOR THE PURP0SE8,OF TI-IIS.DJ SGRj-rl'QI>(, SAID PAINT ALSO SEING THE 8EG{NI4ING OF A CURVE.CONCAVE SOUTHWESTERLY HAV(IVG.A RAID OF 2000 FEET,A RADIAL RI=ARING TO'MID CURVE BEARS NORI H 00°16'42r'WEST; RLY 3.20 FEET ALONG SAID CURVE AND SAID NORTH PARCEL LINE TI•iROUGH A CENTRAL ANIk 09 0'26" TO THE TRUE POINT OF BEGINNING'THENCE CONTINUING ALONG SAID CURVE AND THE NORTHEAST LINE OF SAfQ PARCEL,SOMEASTERLY 25.01*FEET THROUGH A CENTRAL ANGLE OF 7t"39'07';THENCE NONTANGENT NORTH 45'1642 WEST 23,41 FEET TO THE.TRUE PO{IJ T OF BE61NtJtNG. AM 141-372-20 ROW Page 1 CONTAINING 60 SQUARE FEET,MORE OR LESS. r j ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. r DATED THIS 3RD DAY OF JUNE,2010 s • /��4Q�OFESS/�N -- • { �, ��JAR S - y Q~ l ,76tp R BE EDWARD ST ENS,PE 25068 W co No. m REGISTRATION EXP ES 12/31/11 °4 cs. i * � s AW141-372-20 RON+ Page 2 VJNC 8 DISTANCE Db A PAVE:DATA .No. 1EARM OISTANCZ NO, '.R A, L 4..NB9'43'48'x 40.I3' ! 76A.cv 0 .36;46 7.42' S .H89.Os'iri 39.98' 40:00' 9vt9i 8 KwsnoE 14.19, 353--W 3J U'45" iTLAV . @ (189--°43'Y8"E Y15 29' 6 •254-l8' 19114'b0" 115;20' ai1[9`43'Y8"E 71 2.1 ?. 253"-W '1ti114'.W-' 05,58' i' N34'S5'2`E 7:66' 'NB4'Wf8"E 28:75' `•�,,,,�..•-- t 535.128'4@"E 2:66` J-^ -J^ r' X+h HOSPITALITY LANE N \, � ,�",, • A POINT"A" PARCEL @ 1 1 3 �- PARCEL A 5 I so2'bt'sz'E � 11n1s � / RAO PARCEL 4 2 g ' 537139't1''E $R;27,40 PAA6�A•�I��•PIO..0g83 RAO RA 7 \ 2 4'1 +1t 9 .RAO EX:HIB:IT "B PARSONS, �06i02/alO s 32 P 0�XiJ'EOIf({ bAi�„SUIT zoo APO 141-372-0 o s4lo;-c;GFDPR��'lilii L:E-- RP&HT OF WAY i of 2 BEARINO s DISTANCE DATA qYE 0�7A No. �89�WlftaW.�V ft R d 1 O-W 09tTBf24� 13310tv 20.00 dl 1 I _ HOSPITALITY LANE N W .a T.P 0.8 Y --------------------- 1 1 b • t' a ' a 1 t i PARCEL C PARCEL 4 luo I a PARCEL MAN JO. IM J P L Vie./ 77.1.1 1 • y W 1 � I � -EXHIBIT T P MS©N5 •"` arotrtow nqe ustDramaD�D,Wirt eee APN 141-372.20 OoT1aro,.CAUM is trtti RIGHT OF WAY 2012 r EXHIBIT 2 LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT I PARSONS 3200 E.GuasG Rozd,SuYe 209.Ontario.CA 9?761 •Telephone:909-21&3600.Far.909-218-3695• vpAw.parsons.ecm i EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141-372-20 ? THOSE PORTIONS OF PARCEL 4 OF PARCEL MAP NO.6022,IN THE CITY OF SAN BERNARDINO,COUNTY I OF SAN BERNARDINO,STATE OF CALIFORNIA.AS PER PLAT RECORDED IN BOOK 58,PAGES 77 AND 78 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS"NORTH 89'42'56"EAST 534.94 FEET'ON THE NORTH LINE OF SAID PARCEL AS SHOWN ON SAID.PARCEL MAP,SAID COURSE � HAVING A BEARING OF NORTH 89'43'18"EAST FOR THE PURPOSES OF THIS.DESCRIPTiC1N, SAID POINT OF BEGINNING ALSO BEING THE BEGINNING OF A,CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES S.00°16"42'E:,A RADIAL DISTANCE OF 26.Q0 FEET;THENCE EASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE DF 0941026",,A'DISTANCEIOF 3.20 FEEtl THENCE'S:45'16'42"E.,A DISTANCE OF 23.41 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THt RAdiUS�POINT LIES`S-80�'82'S2'W.,,A RADIAL DISTANCE.OF 20.00•FEI;T;THENCE SOUI`FiEFtLY ALONG THE ARC,THROUGH A CENTRAL ANGLE,UP 09'10'2¢°,A D(S'i'ANCE OF 3220 FEET;THENCE S.60"* '42"E.,A DISTANCE OF 4.14 FEET;THENCE N.45'16142*.,A DISTANCE DF 27.07 FEET;THENCE S.89'43"18'W.,A DISTANCE OF 345:58 FEET;THENCE S.34'55'24"W.,A DISTANCE CQF 8.78 FEET-THENCE:S;$9`43:18l`W A DISTANCE QF 26.26 FEET;THENCE N•'35',2e'487W.,A DISTANCE OF 8-14 FEET � hiti S.89``018"W„A DISTANCE OF GENT FEET;T O THE S.88'05'15"W.,A DISTANCE OF 39.86.FEET TO tHE POINT CjF CURVE OF A NON TANGENT CURVE TO THE LEFT,QKWHlCH T14E RADIUS POINT UES S,02°07'52'E„A RADIAL DISTANCE OF 24929 FEET- WESTERLY ALONG THE ARC,THRO G, 19411'50 ,A DISTANCE•-OF 83.53 FEET TO THEPeINf f�F CURVE O ANON TANCyE��TCRALA GL THE LEFT, OF WHICH THE RADIUS POIIft LIES 5=19°24'36'E.,A RADIAL DISTANCE 6P448.60 FEET`THEI CE s0UTHWESTERLY ALdNG'i`lil=ARG THR(7U� A GENTRAiLANGLE OF 14-02-16.1 A,OtST h6e OF 60,76 FEET TO THE.00INT OF CURVE`OF�NON TAN.GEJVT-CURVE TQ THE RIGHT OF Wtii ISt RiE RADUS POINT LIES$-66 32'4Q"W.,A RADIAL AISTAIVCE OF 45i<Jtl FEET THENCE SOt1 fFiEF3,1.,Y ALONG THE ARC;THROUGH A CEMTf�AL NVGt E TOF 77°'13'04",A DISTANCE O!=66.65-FEET TO THE NOTIFY OF GQI,R ' OF A NON . TANGENT OURVE TO THE RIGHT OF Wt jICH THE RADIUS POINT UES N 43'45`21"E.,A kAbIAL blSTANOR OF 700.00 FEET;Tt41s1JCE NS2#T}MrE$T ER,I:Y ALGtIG,THE.AF3C,THROUGH A.CEN'TRAI,,A"NO"N OF of`4�-p i", A DISTANCE 21.55 FEET;TH13NCE N:03°S7'4q E A DIS'f'ANCE OF 34: FEET TO THE POINT OF CURVE OF ANION TANGENT CURVE'TO THE RfGk t,.OF W}i(GH THE RADIUS Ejp NT UE ,5437 39'1 i"E.,A RADIAL RAI DI$TAIV E OF 25 ty0 SET;THENCE NORTIiEASTERLY ALONG TH �ARG�,Tl i tO H A CENTt2AI ANGLE OF 18 34'3$.A DI 3T�NCE 15F 80.50 FEET`TIC THE_POIt�[T QF CURVE OF'A NON TANG ClORVE.T',0"THE RIGti T,�3F V171 II I T}{E i 'US POINT LIES S.21`18'42"E;,A RADIAL DISTANCE OF�;29 11EET;Tf1ENl<E. EASTERLY ALONG THE ARC,THROU04 A CENTRAL,ANGLE 01=1. .SQi,A DISTANCE OF 85 20 FEET. ; THENCE N 88•QS14"E,A DISTANCE-.OF 39.95 FEET;THENCE N.89°43'1.8 E.,A 015TANGE,OF 1!629 FEET; THENCE t$5" $48 E a A DISTANCE OF 2.66 FEET;tHEOCE N.$9"43'18"ls.,A DiS.T'ANCE QJ?28.15 FEET; THENCE N 34°55'24 E,;A DIS`1"ANGE OF 266 FEET:THENCE N,80.40'1II"E.,A pISTAtlCE OF X47;31 FEET 7O THE POINT OF'BEGINNING CONTAINING 4,894 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY.SHOWN ON EXHIBIT B ATT/jCk TO AND MADE APART HEREOF. DATED THIS 3RD DAIS OF JUNE,2610 ��Q(�OFE$St�,�� W w Q�- N0. m ROBERT EDWARD S° ENS;PE 25968 REGISTRATION ENP FEES 12f31/11 : F •CALi �P. APti 141-372-20 TCE Page 1 BEARIM04:0ISIANEE tt» Mitt ATA Na.' 6EARtA 211 QISi1WCE No - 77 - g 1' 'NO3.a7!4D"5 3.6a1y 2 350.00' f8"14'34' .3016b' N60 5'14."E 39 S X644sr 'I$�1•t'SOx b5320'" NON310E' f1529' 249,g9' t9°1Y'30'' 8363^ SSS:tB`.48 V.6fit MAW :1 021.1 balls!+ N89~4$,'14"E; 26.1'51 45.00." sPT•13'0.4" 60:65 -0 N34*5V241: Z48° 'T00.or-01 45 6 21, 9'Nk8'4E"18"2 J47.III - 'r--.r—.__ _---------- --°---- ----- —°--- N89.03'4rE 345 56' " 7 N3!'S5,"24ti'f' &26'' �"•� HOSPITALITY LANE F186"05'1:61 E e 4 W \` ,r'r 1'7$'42',E 4 `x — A4 29' :� 3. its 234 - ! 6 8 9 it 2 RIO' '521 i ' Y s 521'l9'4Z"E SSG.32.40`6 Sit=2►4 2y E PARCEL 4 - 1 PA .�5 a�24e , PARCEL NO k 0022 P.�.2;.58 / Tl•7/ * RAc R .7.• 43 14 '24" S RAO. PARSON EXHIBIT B I T "B t, _ C-01 S l . `" oarovvtoio s$iarl'6 aa;c f�.4y�sf,><4oaa,.>�Kf•ne APN 1:41-37:2-24 'tin ,;x.tt AIJ131.31 Ti, TEMPORARY Cb.NSjRUCTIOH EASEMENT ' 1 07 2 -DEARIP a b1STARM DATA 611 DATA No. *ARM I DISTANCE No. f a L N69'iE'1,6"E 347:31" ! 2Rb9� o9°f02§a 3.20' s 345°15' 23 41' L 70,90` .08 PO 6X 3 20` SOO°16?42+'E 4.Y4% i S45'•16'421 27:0?' N69'-43'tD'Q 34556'` i --------- -- --�---- ------- ------ ------------------------------ M tv HOSPITALITY LANE �+ N00°16.'4ry POI 5XIA I 1 i HIS 43'16' I RAO• W FARM A. I PARCEL MAP N0.1082 � 33• l i1 it-t1 W a7� 0 EXHIBIT PARSONS' "° Woman s ciao c[sY euLslYAoAo,:swrt;ea APN W-372-20 r-w I oniatta;enC� nls sl tY+ TEMPORARY CONSTRUCTION EASEMENT t 2 4f 2 EXHIBIT "6" PARCEL NO. C-2 (FINAL ORDER) [SEE ATTACHED] PLEASE COMPLETE THIS INFORMATION. Recorded in Official Records,County of San Bernardino 10/18/2012 Ova DENNIS DRAEGER 12:11 PM RECORDING REQUESTED BY: "�-N ASSESSOR — RECORDER — CLERK San Bernardino Associated Governments,a Joint Powers Authority,acting as the San Bernardino P Counter County Transportation Commission AND WHEN RECORDED MAIL TO: DOC#: 2012-0433172 Titles: 1 Pages: 22 Rick E.Rayl I Fees 9.96 8101 Von Karman Avenue, Suite 1800 I Taxes 6.99 r Irvine,CA 92612 PRID $e.ee [EXEMPT FROM FILING FEES- GOV.CODE, § 61031 THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 American LegalNet,Inc. Rec.Form#R25 www.USCourtForms.eom try K 1 NOSSAMAN LLP RICK E.RAYL (SBN 174257) 2 rrayl@nossaman.com 3 BRADFORD B. KUHN(SBN 245866) SUPERIOR COURT I� ;F D,LIS oRNra bkuhn @nossaman.com cou'k-'Y Cf SAN =_I,>NAW)Irao Special Counsel SAN BERNARDINO GIVIL DII�SION 4 18101 Von Karman Avenue, Suite 1800 5 Irvine,CA 92612 s P 2012 Telephone: (949) 833-7800 �-- 6 Facsimile: (949) 833-7878 TERNER, N Rt A WA 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1104957 15 GOVERNMENTS,a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE BRYAN S. MCCARVILLE, DEPT. S36 17 Plaintiff, � FINAL ORDER OF 18 VS. CONDEMNATION 19 VICKY L.THOMAS,TRUSTEE OF THE VICKY L. THOMAS TRUST; [Parcel No. C-2] 20 DOES 1 Through 100,Inclusive; and ALL PERSONS UNKNOWN CLAIMING ANY 21 TITLE OR INTEREST IN OR TO THE 22 PROPERTY DESCRIBED HEREIN, Action Filed: April 15, 2011 23 Defendanis. [EXEMPT FROM FILING FEES- GOV. 24 CODE,§61031 25 26 27 28 URI I AL OC_IMAN_327756_2.DO C FINAL ORDER OF CONDEMNATION 1 Plaintiff San Bernardino Associated Governments,a Joint Powers Authority, acting as the San 2 Bernardino County Transportation Commission("SANBAG"),having applied for entry of a Final Order 3 of Condemnation,having previously stipulated to a Final Judgment in Condemnation,and SANBAG . 4 and defendant having waived a Statement of-Decision,a Final Judgment having been entered;and .5 payment having been made in full,no other party of person having or claiming to have an interest in the 6 property being acquired or the compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE,IT IS HEREBY ORDERED,ADJUDGED AND DECREED AS 8 FOLLOWS:. 9 1. The property described in the attached Exhibit"A",designated as Assessor's Parcel 10 Number 0141-372-21,located at 412 W. Hospitality Lane, San Bernardino, California,and more 11 particularly described as SANBAG Parcel Number C-2,as described in SANBAG's complaint on file in 12 this matter("Subject Property")is hereby condemned to SANBAG for the purposes of constructing, 13 maintaining and operating the sbX E-Street Corridor Bus Rapid Transit Project("Project"),for the 14 purpose of all necessary and convenient activities associated with the constriction of the Project and for 15 public purposes. The temporary construction easement shall commence seven days from the date upon 16 which SANBAG or its authorized representative provides the applicable defendant with written notice 17 of its intent to commence construction utilizing the temporary construction easement and shall terminate 18 on the earlier of(a)the date upon which SANBAG notifies the applicable defendant that it no longer 19 needs the temporary construction easement, (b)six months from the commencement date of the 20 temporary construction easement,or(c)December 31,2013. 21 2. The Project and construction of the Project in the manner proposed shall be based upon 22 the signage and striping as depicted in the attached Exhibit"B". 23 3. The Parties agree to the following additional special provisions: 24 (a) Excepting items for which the defendant has been compensated,upon completion 25 of construction, SANBAG shall restore the landscaping within the temporary construction easement area 26 per Omnitrans' tree planting and planting plans, as modified in the attached Exhibit"C". SANBAG 27 shall coordinate with defendant with respect to the placement of trees and landscaping on the Subject 28 Property. Any damage to existing landscape,trees,plants,shrubs and.other greenery on defendant's 1 OC_IMAN_327756_2.DOC FINAL ORDER OF CONDEMNATION 1 property will be repaired with"like-kind"replacements and/or defendant will be compensated for said i 2 damage in order to restore damaged landscaping back to the original or like condition. 3 (b) The cutting and capping of sprinkler facilities will be conducted in such a manner 4 that their functionality outside the Subject Property will be maintained at all times. 5 (c) Plaintiff shall maintain reasonable driveway and pedestrian access to defendant's 6 property from Hospitality Lane during normal business hours during construction activities. Work 7 potentially impacting the Subject Property's driveway entrance shall be coordinated with defendant and 8 shall be performed during off-business hours,including nights and weekends, so as to maintain 9 reasonable vehicular access at all times during business hours. Where construction work potentially 10 impacting the Subject Property's driveway entrances cannot be completed during off-business hours, 11 short durations of access blockage for"utility relocation and driveway construction may result. Plaintiff 12 and its contractor will use reasonable efforts to minimize any planned disruption by coordinating in 13 advance with defendant. Any deviations from the driveway construction operations stated herein will be 14 proposed to and approved by the defendant. 15 4. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 16 public purposes under Article I, Section 19,of the California Constitution,California Public Utilities Code 17 section 130220.5,and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 18 for which SANBAG seeks to condemn the.Subject Property,to wit,in connection with the Project and 19 for public transit improvements, is and was authorized by law and is and was a public use;.the public 20 interest, safety,and necessity require the Project; the Project is and was planned and located in the 21 manner that will be most compatible with the greatest public good and the least private injury;and the 22 Subject Property is necessary for the Project. 23 5. Just compensation has been paid to defendant,and such sum was accepted by defendant, 24 as full payment of just compensation for the acquisition of the Subject Property and construction of the 25 Project in the manner proposed,including but not limited to,severance damages,business goodwill,loss 26 of or damage to improvements pertaining to realty,real and personal property,fixtures,equipment,and/or 27 inventory,precondemnation damages,claims for attorney's fees,litigation expenses,statutory costs, 28 interest,relocation benefits and/or costs and any and all other kinds of compensation,damage,or other 2 FINAL ORDER OF CONDEMNATION I claims arising out of or relating to the taking of the Subject Property and construction of the Project in the 2 manner proposed. 3 6. The right in and to the Subject Property shalt vest in SANBAG upon the recordation of 4 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 5 of California. All liens,leaseholds,and encumbrances of whatever kind and nature on the Subject 6 Property shall be cancelled. 7 8 Dated: �b l Jud e oft e Superior Court 9RIAN S. WCARVIU.E 10 11 . 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 FINAL ORDER OF CONDEMNATION 1 EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"I" The Land referred to herein is situated in the State of California,County of San Bernardino, and described as follows: PARCEL NO.1 OF PARCEL MAP NO.6022,IN THE CITY OF SAN BERNARDINO- COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 58 OF PARCEL MAPS,PAGES 77 AND 78,RECORDS OF SAID COUNTY.- EXCEPTING THEREFORM THAT PORTION CONVEYED TO THE SAN BERNA.RDINO, FLOOD CONTROL DISTRICT BY DEED RECORDED OCTOBER 5, 1976 IN HOOK 9026 PAGE 830 OFFICIAL RECORDS. LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT PARSONS 22-•J E.Cu's'.i Rc•:c..`::.,. 20C.Cnt::c,CA 9171i', e'ephon;' -2'& x'•7•:ar 3•� 615. ,•:nv.p•z-;;cr,s.�ia EXHIBIT A RIGHT OF WAY AP 0141-372-21 THOSE PORTIONS OF PARCEL 1 OF PARCEL MAP NO.6022,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 58,PAGES 77 AND 78 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY,DESCRIBED AS FOLLOWS: PARCELA BEGINNING AT THE WESTERLY TERMINUS OF THE COURSE HAVING A BEARING AND DISTANCE OF "NORTH 89'42'56`EAST 311.75 FEET ON THE SOUTH LINE OF SAID PARCEL AS SHOWN ON SAID PARCEL MAP,SAID COURSE HAVING A BEARING OF NORTH 89'43'18'EAST FOR THE PURPOSES OF THIS DESCRIPTION;THENCE ALONG THE SOUTH LINE OF SAID PARCEL,S.89°43'18W.,A DISTANCE OF 40.13 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 343,00 FEET AND A CENTRAL ANGLE OF 38°16'04';THENCE WESTERLY ALONG THE ARC A DISTANCE OF 229.09 FEET TO A POINT OF REVERSE :CURVE TO THE RIGHT HAVING A RADIUS OF 20-00 FEET AND A CENTRAL ANGLE OF 95°18'18';THENCE WESTERLY ALONG THE ARC,A DISTANCE OF 33.27 FEET TO A POINT OF COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 700.00 FEET AND A CENTRAL ANGLE OF 01'001 l';THENCE NORTHWESTERLY.ALONG THE ARC,A DISTANCE OF 1225 FEET;THENCE S.79°34'47`E.,A DISTANCE OF 39.93 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES S.37°18'04'E.;A RADIAL DISTANCE OF 347.00 FEET;THENCE NORTHEASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 17°5249',A DISTANCE OF 108.29 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES S.18°01'.18"E.,.A RADIAL DISTANCE OF 345.46 FEET;THENCE EASTERLY ALONG Ty-IE ARC,THROUGH A CENTRAL ANGLE OF . 06°57'53",A DISTANCE OF 41.99 FEET;THENCE N.24'51'46'E.,A DISTANCE OF 3.91 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES•S.10°40'50"E..A RADIAL DISTANCE OF 348-63 FEET;THENCE EASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 05°05'51'•,A DISTANCE OF 31:02 FEET;THENCE.S.41°07'34"E.,A DISTANCE OF 3.91 FEET TOTHE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES S.05'42'73"E.,A RADIAL DISTANCE OF 345.46 FEET;THENCE.EASTERLY ALONG THE-ARC,THROUGH A CENTRAL ANGLE OF 06°22'04,A DISTANCE OF 38.39 FEET;THENCE S.88°38'38'E.;A DISTANCE OF 39.97 FEET TO THE POINT OF BEGINNING.. CONTAININGI-,304 SQUARE FEET,MORE OR LESS. - PARCEL B COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 1;THENCE ALONG THE SOUTH LINE OF SAID PARCEL SOUTH 89'43'18'WEST-74.63 FEET TO THE TRUE POINT OF BEGINNING;THENCE. - S.89"43'18-W.,A DISTANCE OF 32.21 FEET;THENCE N.34'5574'E.,A DISTANCE,OF 2.66 FEET;THENCE .'N.89°43'18'E.,A DISTANCE Of=29-15 FEET;THENCE S.35°2848-E:,A DISTANCE OF 2.66 FEET TO THE TRUE -POINT OF BEGINNING. ' CONTAINING 67 SQUARE FEET,MORE OR LESS, ALL AS MORE PARTICULARLYSHOWN ON EXHIBIT B HERETO AND MADE A PART HEREOF. O��aOF.ESS/p DATED THIS•30TH DAY OF'JUNE.2010. K���� Q ca ca m m w 3 ROBERT EDWARD. FENS,PE 25068 �? - 'REGISTTZATION EXPIRES 12131/11 - APN 014X-372-21 ROW Pap 1 06D'l-AOH-IZ�ZLi-It LN4/-Z0-1 OIO2/VG 096YVOOd;fd p01,401d - 0 O - N \ r Z 133HS 33S $ 4 d a 1 a l � 1 - r j o - a `a 1 v 1 A 1 CO lL 1 ...� - o Cp o Q cm CL^ 1 1•r .X Q Q40 CC e® ,� y ® am a \ 0-21 � \ • �'Cam-- o� �\ \ ' \ o • �4�m to \ - N • .:J M N 0 m O7 �71 p UlV \ <Ir F O O •u. Q 4 u22 O a at O 7 N N O V MMM 100 O O to tMO v0' O ap M W N . M 2 OC y OC • M - Q M cc j v • p F OI M M O7 O .- 2¢ H M M P U' t`•'t0 P OD LO - 1t30 ul0 V. 40" w !16 , OC m N Z y y h y4 . m CA .tw C* e too it tr o oM czi ' a s ro a to a w u m W cn ft • - w •.' a CT N 2 p - ' � A N N (D N, b• G . z a to SEE SHEET 7 , �t in - • n •Z CD I Via• 43, 434 i (M m 1 I w � I 1 , o � I 1 Vim' N 1 I b I ' m 1 1 I 1 l 1 1 I o , 1 I o li m `i O O Ptattod by:00041960 9/1/2010 _ C-O2_APN4I-372-21-RO)F-2.0gn LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT PARSONS 320�E.G•:E!:.ti R:.d.F<i:; ... .4'.ari�.C:'. 117 Tsl 4 3CC13•5a.SC:�? >:•:°:� w. ..pai:Cr-:.c.m EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141-372-21 THAT PORTION OF PARCEL 1 OF PARCEL MAP NO.6022,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 58,PAGES 77 AND 78 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1;THENCE ALONG THE SOUTH LINE OF SAID PARCEL 1 S.89'4T18'W.,A DISTANCE OF 74.63 FEET;THENCE N.35'28'48-W_.A DISTANCE OF 2.66 FEET; THENCE S.89°43'18'W„A DISTANCE OF 28.15 FEET;THENCE S.W5524"W.TO SAID SOUTH LINE,A DISTANCE OF 2.66 FEET;THENCE S.89'43'14'W.ALONG SAID SOUTH LINE,A DISTANCE OF 165.96 FEET; THENCE N.88°38'38"W_,A DISTANCE OF 39-97 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIES S.01'.09'41-W.,A RADIAL DISTANCE OF 345AS FEET; THENCE WESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 06°22'04",A DISTANCE OF 38.39 FEET;1-1-!ENCE.N.41°07'34"W.,A DISTANCE OF,3:91 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIES S.05°34'58'E„A RADIAL DISTANCE OF 348.63• FEET;THENCE WESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 05°05'51',A DISTANCE OF 31.02 FEET;THENCE S.24°51'46"W.,A DISTANCE OF 3.91 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIES S.11'0375'E.;A RADIAL DISTANCE OF 345.48 FEET;THENCE WESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 06°57'53",A - DISTANCE OF 41.99 FEET TO THE POINT OF-CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH. THE RADIUS POINT LIES S.19°25'14"E.,A RADIAL DISTANCE OF 347.00 FEET;THEN CE'SOUTHWESTERL.Y ALONG THE ARC,THROUGH A.CENTRAL ANGLE OF 17°5249",A DISTANCE OF 108-29 FEET;THENCE N-79.3447'W.,A.DISTANCE OF 39.93 FEET TO THE SW'LY LINE OF SAID PARCEL AND THE POINT OF. CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES mzr4543"E..A RADIAL DISTANCE OF 599.97 FEET;THENCE NORTHWESTERLY ALONG THE¢RC,THROUGH A CENTRAL ANGLE OF 03 954'17',A DISTANCE OF 47.70 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT UES N_67°03'19-E.,.A RADIAL DISTANCE OF 559.99 FEET; THENCE NORTHERLY-ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 08°16'117'%A DISTANCE OF 80.84 FEET TO THE PORT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIES N.65°157.1'E.,A RADIAL DISTANCE OF 524.42 FEET;THENCE-SOUTHEASTERLY ALONG THE ARC, -THROUGH A CEUITRAL ANGLE OF 0220`56",A DISTANCE OF-21;60 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THEW LEFT,OF WHICH THE RADIUS POINT UES N:66'30'13E.A RADIAL DISTANCE OF 689.97 FEET;THENCE SOUTHEASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 07°05'07",A DISTANCE OF 85.32 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT UES S.24°04'42'11.,A RADIAL DISTANCE OF 45.00 FEET;THENCE EASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE•OF 26°1'6'05,A DISTANCE.OF 29.6,3,-FEET; THENCE S20'12'42'E.,A DISTANCE~OF 4.70 FEET;THENCE N.72°13'48°11,A DISTANCE OF.13.68.FEET TO A POINT OF CURVE.TO THE RIGHT HAVING A RADIUS OF 4.50 FEET AND A CENTRAL ANGLE OF 73'28'17'; THENCE EASTERLY ALONG THE ARC A DISTANCE OF 5.77 FEET;THENCE S_34°1T56"E,A DISTANCE OF 2125 FEET TO THE POINT OF CURVE OF-A NON TANGENT CURVE TO THERIGKT,OF WHICH THE RADIUS POINT LIES S.34'31'31'E.,A RADIAL DISTANCE OF 352.00 FEET;THENCE NORTHEASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 15°06'52',A DISTANCE OF 92.86 FEET TO THE POINT OF CURVE OF ANON TANGENT'CURVE TO THE RIGHT;OF WHICH THE RADIUS POINT UES S.18°Q1'54"E.,A RADIAL DISTANCE OF 350.46 FEET;THENCE EASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF' 06°3322',A DISTANGE•OF 40.10 FEETi THENCE N24°51'46'11.,A DISTANCE OF 10.08 FEET TO THE POINT OF CURVE OF A NON W4GENT CURVE TO THE RIGHT,OFWHICH THE RADIUS POINT UES S.10°31.15'E.,A - RADIAL DISTANCE QF 358.63 FEET;THENCE EASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 04°46'43',A DISTANCE OF 29.91 FEET,THENCE S.41'07'34"E.,A DISTANCE OF 10.08-FEET- TO THE POINT APN G141-372-21 WE Pagt 1 . OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES S.04°47'17"E.,A RADIAL DISTANCE OF 350.46 FEET;THENCE EASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 08°20'15",A DISTANCE OF 38.76 FEET;THENCE S.88°38'38"E.,A DISTANCE OF 72.53 FEET;THENCE N.89°43'1 8'E.,A DISTANCE OF 127.63 FEET;THENCE N.34°55'24"E..A DISTANCE OF 10.00 FEET;THENCE N_89°43'50'E.,A DISTANCE OF 26.28 FEET;THENCE S.35°28'48'E_,A DISTANCE OF 9.99 FEET;THENCE N.89°43'18"E..A DISTANCE OF 71.34 FEET;THENCE S.00°16'42'E.,A DISTANCE OF 4.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4,898 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 30TH DAY OF AUGUST,2010 oQPpFESSIO MIZ w m NO m y ru ROBERT EDWA S S,PE 25068 * ti REGISTRATION EXPI ES 12131111 �Q OF APP(01417372-21 TCE Page 2 u6D'2-3J3-R-2Li-lY tNdY-2e-J Otoul/6 0$Gk*QOO:Aq"A-lold 0 N � , ` 1 f I Q�a x LU , lu 1 to t , N N 1 N p 1 N 1•- t t+ U t W {'. I G. � 0p7 t N t 111 w t }, u9 a ® C{ ORD ciNx 1 • a�-•i d C�'] Q i � i • 1 _ Vim• 01- Z 133M 33S 4 V M M O m Ot Q O M m In io 6 N Gt M O l0 9 .— tD W . • O F N J O t0 N v v N m N It] 1Q-• -W 3u 3 W 3e W W Ila n m o -w=o 0o m Zv m m iu tc) .t() c N rn Ci en T O w tt7 O P co cm, uj C iA N N N h N H W a6P'l-3]1-tZ-SLT-IrixdYZO-? ➢I➢L l/6 ➢96��004:Fq Wi1nld Q O _ N •q U M ID ti �-• r � V N _4 O g O N I i33HS 33S $ aq v o � z w _ k-^ w W W W W `z .- m tom• M O CI N 4 N M M M P O �y a to Q M v M 0 In W Z m % m. v m m m v N v ` - - - - - - - � m p ° M v N N 0 IL) 1l1 tL 2 M p CJ N Z W v ID tD u7 °tD t� �. ,Q E^ 0 0 0 0 0 0 W w � I ie i••1 ip is M in o � 6 W f e rn m N O o 3 Q o m o ri W u r Q H M T M N O O I N Z M M M M M M M N O N t Z 2� O Q � � N F- 12c Z I M 0 Q 3 z L n ZK- Lz r r- Q •4 M .- In O 1 �- � - CL Z 1 l moo LU 4 u1 .- NO N o O M ul M `m N N iA M 121 d • � l 3 V W m 1 2 N Q 1 _ \ o � ^O min ♦ � o v \ w NI"O�v ♦ a M I 21 P m Mu ta o } a � N CL e= CG w \ cr • 1 OD v 1 z ar . NN^ti OI f 3 3. N uN7 In'm° to N • :2L]� � ao Y l0 H [C '.V3 Al: OI=Q N1 CJ to N O i O cvm to v➢ 2n 4 N . .i-n x z via EXHIBIT B � Y C Q Y a u L („� y W 03 m z Z N m m E c7 y w a �a LLA m -n 6Zo-1-55 133H5 335 W W 2 ti. CL W F OS+L09 tl15 31`11110L"� t1 z W Z Q v I' f Il+ `Y � y ~ s �.4, li'1 f iII X 0 CO uj o - h•' � I I11 x x h: III x � "' ,1 '1 = ° W O 4'I I I II� N X Z wv ¢ ¢� N O Z z a� cn m At tA Lq Wo RL Y � . � .14 � ,,I I � I t .�' N i• cn � � A ° I�•I 1 1 � W+ as � �.✓ ¢ 4 0 V` Etdi' 2 z HR s al a n Z r O - o zcaw N N6 � W ao Val, v 1 n P\. p - a° PNP m ° W I z 0 U EXHIBIT C +fig® pp¢� C° b Uf4-1 l7M llf 7NV17lfN W - LU e e i w ZE I LU w0- tr t IS e I i wpm �• tl I n� I W � � KU 1 V1 too I I w ui ——— ———— CL uj JJJ `yY� i i y4,^ p e e ` i W CK-9.1 LIM 131 3WWL 1 U ^ EXHIBIT "T' PARCEL NO. C-3 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,County of San Bernardino 11110/2011 DENNIS DRAEGER 2: PM ya•N ASSESSOR — RECORDER — CLERK PLEASE COMPLETE THIS INFORMATION. P Counter t" RECORDING REQUESTED BY: DOC#: 2011 -0467961 g San Bernardino Associated Governments,a Joint Titles: 1 Pages: 15 Powers Authority,acting as the San Bernardino Fees 0.00 County Transportation Commission Taxes 0.00 AND WHEN RECORDED MAIL TO: Other 0.00 Rick E.Rayl PAID $0.00 Nossaman LLP 18101 Von Karman Avenue,Suite 1800 Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, 61031 THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9195 Amerlean legelNet,rna Rec.Form#1125 www USCourtFOrmswm I NOSSAMAN LLP RICK E.RAYL(SBN 174257) 2 rrayl@nossaman.com 3 BRADFORD B. KUHN(SBN 245866) bkuhn @nossaman.com F 1 L E D Special Counsel cUPERIOR COURT O"F Cf ? ��� 4 a N k j I J 18101 Von Karman Avenue Suite 1800 s SERNARDN%` D `ION 5 Irvine,CA 92612 I3( ; G 7 2011 Telephone: (949) 833-7800 6 Facsimile: (949) 833-7878 in Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1103183 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE JOHN P. VANDERFEER, DEPT. S37 17 Plaintiff, 18 vs [P`RE)P9J�FINAL ORDER OF CONDEMNATION 19 HOSPITALITY EXECUTIVE CENTER, LLC,a California limited liability company; [Parcel No. C-3] 20 KAISER PERMANENTE HOSPITALS, a non- profit organization; 21 JPMORGAN CHASE BANK, a New York 22 corporation; DOES 1 Through 100,Inclusive; and Action Filed: March 9, 2011 23 ALL PERSONS UNKNOWN CLAIMING ANY TITLE OR INTEREST IN OR TO THE [EXEMPT FROM FILING FEES - GOV. 24 PROPERTY DESCRIBED HEREIN, CODE, § 6103] 25 Defendants. 26. 27 28 312188 I.DOC FINAL ORDER OF CONDEMNATION / I Plaintiff San Bernardino Associated Governments,acting as the San Bernardino County 2 Transportation Commission("SANBAG"),having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to an Interlocutory Judgment in Condemnation, and the Court's previously 4 entering a Final Judgment in Condemnation, and SANBAG and defendants having waived a Statement -- 5 of Decision,judgment having been entered, and payment having been made in full,no other party or 6 person having or claiming to have an interest in the property being acquired or the compensation to be 7 paid for the property,and good cause appearing: 8 NOW,THEREFORE,IT IS HEREBY ORDERED as follows: 9 1. The property described as Assessor's Parcel Number 0141-372-26,located at 325 W. 10 Hospitality Lane, San Bernardino, California, and more particularly described as SANBAG Parcel 11 Number C-3,consisting of a permanent easement of approximately 125 square feet, along with a six 12 month temporary construction easement of approximately 1,379 square feet, as described in SANBAG's 13 complaint on file in this matter and in Exhibit"A"attached to this Final Order of Condemnation 14 ("Subject Property"), is hereby condemned to SANBAG for the purposes of constructing,maintaining 15 and operating the sbX E-Street Corridor Bus Rapid Transit Project("Project"), for the purpose of all 16 necessary and convenient activities associated with the construction of the Project and for public 17 purposes. The temporary construction easement shall commence seven(7) days from the date upon 18 which SANBAG or its authorized representative provides the applicable defendant with written notice 19 of its intent to commence construction utilizing the temporary construction easement and shall terminate 20 on the earliest of(a)the date upon which SANBAG notifies the applicable defendant that it no longer 21 needs the temporary construction easement, (b) six(6)months from the commencement date of the 22 temporary construction easement, or(c) December 31, 2013. 23 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 24 public purposes under Article I, Section 19,of the California Constitution,California Public Utilities Code 25 section 130220.5,and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 26 for which SANBAG seeks to condemn the Subject Property,to wit, in connection with the Project and 27 for public transit improvements,is and was authorized by law and is and was a public use;the public 28 interest, safety, and necessity require the Project; the Project is and was planned and located in the 312188_1.DOC 1 FINAL ORDER OF CONDEMNATION I manner that will be most compatible with the greatest public good and the least private injury;and the 2 Subject Property is necessary for the Project. 3 3. Just compensation has been paid to defendant Hospitality Executive Center,LLC,a 4 California limited liability company("Hospitality"),and such sum was accepted by Hospitality,as full 5 payment cfjust compensation for the acquisition of the Subject Property and the construction of the 6 Project in the manner proposed,including,but not limited to,severance damages,loss of goodwill,loss 7 of or damage to improvements pertaining to the realty, fixtures, equipment, and/or inventory, 8 precondemnation damages,relocation benefits, and claims for attorneys' fees, litigation expenses, 9 statutory costs, and interest pertaining to this action. 10 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 11 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 12 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 13 shall be cancelled. 14 15 Dated: O �-�, � 16 DGE OF THE SUPERIOR COURT 17 18 19 20 21 22 23 24 25 26 27 28 2 FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"T" All that certain real property situated in the County of San Bernardino, State of California, described as follows: Parcel A: Parcel 3 and a portion of Parcel 6-of Parcel Map No. 6022, In the Cltyof San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 58, Pages 77 and 78 of Parcel Maps, in the Office of the County Recorder of said County; together with that portion of Lot 2, Block 54 of the Rancho San Bernardino, In the City of-San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 7, Page 2 of Maps, in the Office of the County Recorder of said County, described as follows: Beginning at the Northeast corner of Parcel 3-of Parcel Map-No. 6022, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded In Book 58, Page 78 of Parcel- Maps, in the Office of -the County_Recorder of said-County; thence North 89° 42' 56"East,. 126.35 feet to the True Point of Beginning.; thence South 0' 17'04" East, .424.23 feet, thence South 890-42' 56" West, 258.75.feet to the beginning of a curve concave to-the Northeast and having.a• radlus.of 20.00 feet; thence Northwesterly 31.42 feet along said curve through central angle Of 90° 00'00'; thence-North-00 17'.04" West, 3844.23 feet to the beginning of a curve.concave to the Sbutheast and having a radius of 20.00 feet; thence Northeasterly 31.42 feet along said curve through-.a central angle .of 90°00' 0011; thence North 89° 42156" East, 258.75 feet to the True- Polni of Beginning. Said legal description is pursuant to Certificate of Compliance recorded April 2X,.1981, as,Instru.ment No. 81-085995 of Official Records as Parcel 2 of Minor Subdivision.No. 628. Parcel B. The Northerly 43.00-feet of the following described land: That portion of Lot 2; Block-54, of the Rancho San Bernardino, In the City of San Bernardino, County of San B.ernardino,.State bf•California, as per map recorded in Book 7,-Page 2 of Maps, in the Office of•the County Recorder of said County, described.as follows: 0.014-372-26 _ Beginning at the Northwest corner of Parcel 6 of Parcel Map No. 6022, as per map recorded in Book 58, Pages 77 and 78 of Parcel Maps, in the Offlce of the County Recorder of said County; thence North 00 17' 04" West, 392.00 feet; thence North 89' 42' 56" East, 126.35 feet; thence South 011 17' 04" East, 392.00 feet; thence South 89' 42' 56" West, 126.35 feet to the point of beginning, Said Northerly 43.00 Peet is known as the Southerly half of Hospitality Lane. C3-0141-372-26 LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT } E P:A:R50N 3200 E.Guas6 Rood,Str,'le 2.W.Ontario.CA 31761 •Telap}rone:909-2-le-3600•Fax 909-21&-3605• %% s.p9,sons.wm EXHII#IT A RIGHT OF WAY AP 0141372-26 THOSE PORTIONS OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE FOR LOT UNE ADJUSTMENT NO.628, IN THE CITY OF SAN BERNARDINO.COUNTY OF SAW BERNARDINO,STATE:OF CALIFORNIA,RECORDED APRIL 21,1981 AS DOCUMENT fVO.81.-085995 bFFICiAL.RECORDS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.DESCRIBED AS FOLLOWS: PARCEL A COMMENCING AT THE W ESTER1:Y TERMINUS OF'THAT CERTAIN.CQURSE 9HOW.N AS'NORTH 89°42'56' EAST 258.75 FEET'ON THE NORTH LINE OF SAID PARCEL 2 A$SHOWN ON SAID-LOT LINE tAQJVSTMENT, SAID CQURSE HAVINO A BEARING OF NORTH 80°43'1'8'EAST FOR TJ IE PYRP.O-$F--OF TIAIS D.ESGRIRTIO.N, SAID•POINT ALSO BEING TFi BEGINNING OF'-A CuRYE CQNCAVES,OUTHEASTERLY HAVING A RADIUS QF 20 FEET,A RADIAL'BEARItIG`TQ SAID CURVE BEARS NORTH 0T.tt'42"WEST;THENCE WESTERLY 3.53 t FEET ALONG SAID CU.FtVE�1i�fD�Atl?NOTT64 UNE THROUGH A PENTRAL ANGLE OF 10°OT1.0'TO THE TkwU POIDIT OF BEGINNING A RADIAL-t ARING TO SAIQ,PQINT B.EAFS N(jRTH 10°23'52"WEST;.TH IENCE. SOUTFiWESTER�Y`24:3,5 FEED ALONG SAIL]GURYE.AND THE NORTHWEST B.OVNDARY OF SAID PARCEL THROUGH.'A CENTRAL-ANGLE OIL 69°45'40" THENCE NONTANGENT NORTH 44'43'18"EAST 22.87 FEET TO. TH;E TRUE POINT OF BEGINNING. t CONT.MNiNG 56 SQUARE'FEET,MORE QALESS. PARCEL B COiV MEfvCING AT A P6'lt4T DI=SOPJBED AB01%E;BEf iG A PpINTAT THEW ESTERLYTEP,MIrIUS.OF T14AT CERTAIN COURSE SHOWN AS•'NORTH.89'•4Z'5.6'•EAST 258:7'&FEET'ON THE 1J.ORTIi LINE:OF SAID PARCEL 2AS SNOW ON-WQ!OT LIRE ACQ ST,MENT,SAID COURSE HAVING A BEA R146.OF NORTH 89°33'18" FASI`'FOR TtiE.Pt1RPOSES OF THTS DESORIRlTOC3,$fllD.i?OII{TAL$0 AEINGTHE BEGINN(UG'•OF A:CURVE CQNeAVE SOU7HEAO77:R1;Y}iPil11I1�v A f?AD118 OF 2a.FEET,A f ADIAL SEARING.TO.SAID GURVI;Bt=ARS: 110RTF1 fl(j'F6'R2°V{IEST;f IEL�CE ASTERLY L(]t IG NORTH LIME OF SAlb Pf_1ReEL NORTHi 8.9°x13 l8'EAST' id0.94 EEE7'7Q TTTE TT2liE POTN f O.F BEG�NNiNG TFIENCElEAVIIVG`SAiID NbiiTH LINE-SOUTH X5`_28'48' . EAST 2:6&FEETTfl A LINE•T'A L"LELW • AfV 2:'t➢ UTI-I.OFTHE NORTH LINE OF SAID PARCEL; . RA �Fi R FF�SQ NCEAIO• 8 " ` BEGINNING SAIT3,PARALLEL L1NE�T0 TkIE.BEGINN, . . . .EARILJG NORTH 34°55'24 EAST;THENCE ALONG,SAID LILJE.2f6 FEET 70 THE NORTH LINE OF.SAID -"PAAQEI.;THENCE ALONG SAID NORTH 4]NE SOUTH 89.43'18"WEST 33.21�FEEET TQ THE'TRUE POINT-OF BEGINNING: :CONTAINING 69,$QUAF;E FEET,MORE.OR LESS. ' .ALL AS-MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHiF.-D-}iERETO AND MADE A PART.HEREOF. DATED THIS.38TH DAY"OF AUGUST,2010 :�Q�OFESSTp, TO 2 b0. ull ROBERT f DWAPO Sr • FENS,PE 25068 REGISTRATION EXPIRES 1=4111: •- APlI i413T1•26ROW.•. .. .• ...• - :. ".: ,� : .. T'48E i . .• $U.NWEST LANE Ci0 off. t- Sq :ohm { • �7.Cub O _ , cw I �a Gv'""i, n? ' I �o � d ?w.� ®�� i • as �c�C�� �� ( . - ''as � �%ice+`iQJ � • .� do r (3 I { I r 1 19 m o � � A',t�D {10 a � � •. u I°n�u,w W wiz i oC 7t1 � X. �[ m mn'a a R? � c� '� , o o C x Ln jo rn 43` _ .Y I• � -i � � W•A.� . I I l I . S-U.NWEST •C•O..URT I N � Ow III a 11f 1 Plotted p7rp004a060 8/19/2010 �PHI�1-X12+26-RAVt.epn 4 LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT • i r • I P,ARSO 32rk E.GuBSS Road,Suife 2G0,Gitaciv.Cn 917v"1, •T,�ephonta•M-210-36W.•Fax 909-218-1bv5•lrKx.0ar59n3.00M -- I f t EXHIBIT A j TEMPORARY CONSTRUCTION EASEMENT i AP 0141-372-26 THAT PORTION OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO.628,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,RECORDED APRIL 21,'1984 AS DOCUMENT NO.81-085995 OFFICIAL RECORDS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS'NORTH 89°42'56'EAST 258.75 FEET"ON THE NORTH LINE OF SAID PARCEL 2 AS SHQVrfN•ON SAID LOT ONEA"DJUSTMEJJT. SAID COURSE HAVING A BEARING•OF NORTH 89""4$18"EAST'FOR-THE PURPOSES OF THIS QESCRIPTION,SAID- POINT AL50 BEING THE BEGINNING pF A CURVE CONCAVE SOUTHEASTERLY HAMNCA RADIU"30F 20.00 FEET,A RADIAL BEARING TO SAID EIJRVE BEARS NORTH 00'16'42"WEST;.THENCE WESTERI-Y 3':53 FEET A.LQNG SAID"06R"VE THROUGH A CENWRAL ANGLE OF 10.97'10';THENCE NONTANGENT SOUTH 44'43°18" WEST 22.STFEET TO THE WEST BOUNDARY OF SAID PARCEL,BEING A POINT-ON•A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A"RADIUS QF,20,00 FEET,El RADIP L BEARING TO SAID CURVE BEARS ! NORTH.80'0q'32'WEST:THENCE.SOUTHERLY 3.53"FEET ALONG SAID CURVE AND SAID WEST BOUNDARY THROUGH A CENTRAL ANGLE OF 10°07'10";THENCE CONTINUING ALONG SAID WEST.BOUNDARY SOUTH ! DWI 642'EAST"3.87 FEET;THENCE NORTH 44'43'18"EAST 28.W FEET TO ALINE PARALLEL WITH,AND 4 FEET"SQ'UTH OF THE NORTH LINE'OF SAID PARCEL;THENCE ALONG•SA10PPAR-ALLEL LINE NORTH 89°43.'18"EAST 137.7,8 FEET;•LEAVING SAID LINE SOUTH 35°28.'48'EAST 10.00,FEEYTO A LINE PARALLEL WrrH AND 12.17 FEET;SOUTH'OF THE NORTH LINE OF SAID PARCEL;TREN.CE ALONG SAID LINE NORTH ' 89°43'18`EAST 28:28 FEET TO THE BEGINNING OF A 1.-INE BEAkINd NORTH 84°&T245A&-,THENCE ALONG SAID,LINEs.10,'09 FEET TO•A,LINE PARALLEL WITH AND 4.(10 FEET,SOUTH.OF THE NORTH.LINE OF SAIQ PARCEL;THENCE-ALONG SAID ONE NORTH 89°43'18'EAST SI2:9.2.FEl I'TOTHE EAST'UNE OF SAIIJ, -PARCEL;THENCE ALONG EAST LINE OF SAID PARCEL NOOKOW16=42"WEST 4.00 FEET TO T1 tE 40kTH LINE OF SAID PARCEL;THENCE-ALONG NOFTM-LINE OF SAID PARCEL SOUTH•89.4$'1.8'WtE T 8421 FEET-. LEAVING.SAID LINE SOUTH 34'55'24"WEST 2.86.FEET TO A•LINE PARALL•EL 1f".AND 2:17 FEET.SOUTH " OF,NORTH LINE OF SAID PARCEL;THENCE ALONG SAID•PARALLEL"UNE SQUTH$9°43'18."WEST 30,15 FEET TO THE BEG{NNING.OF A LINE BEARING NORT T 35°28'48"WEST;THENEEALONO SAID UNE2.66 'F1 E'T 7`O'rHE NOFtm L114E OF SAID PARCEL;TF.IENCE SOUTI-t 89°'43'1.8."WEST 14Q,94 FEI:TTQ THE P.01NT • =0F BE�IN�It�JG: ' CONTAINING 1,379 SQUARE FEET;MORE OR LESS. ALL AS.MORE PARTICULARLY SHOWN OR EXHIBIT B ATTACHED HERETO AND MADE APART HEREOF. DATED"THIS 18TH DAY OF AUGUST,2010 Qp,OEESSJp . R08ERT EDWARD . S,PE 25068"• REGISTRATION-tj(P! 51!134111 . T lY7 Q - APT!141 372-26Td Pzge 1 SUNWE&T ULHE S$9°43'1$"E E .. ... •x:'.•• b m m o fmr•1 • .' aealm � oa' mZ' •Ap 1 a •5 1 o 1 vlum.W wm tl�A, N = a ED 1 ' -' N -••.W N � N Y Ca O m.O••V Qe, N 2 � , � ` I oN o g y rn. t N Z N 1I 50 1 9 iD N'tG a b O V� 1 mA O a r6 b ui a—aim. to oo W N W. 0, mmmmNW o , . I -N-1 z in 1 • -fit y � .r. Irv1i -<• , m �� z m W o '•C >< m A -4 � I - Z C13 s � 43` 43' m w � I SUNWEST COURT e # 1 a I _a F O Plot'to0 oy.P0044960 6/196:010 APN191-372-26-7CE,d0n EXHIBIT 668" PARCEL NO. C-4 (EASEMENT/AGREEMENT) [SEE ATTACHED] RECORDING REQUESTED BY Electronically Recorded in Official Records,County of San Bernardino 210312012 06:00 AM � i��� ��f(� DENNIS DRAEGER MP ASSESSOR-RECORDER-CLERK AND WHEN RECORDED MAIL TO 629 Chicago Title Company 561 P1 &rrV'�r�'ji nL> I �hoc.�Gt 6w.`. Doc#: 2012-0045618 Titles: 2 Pages: 35 O�i(' r(t /� III II I I I VIII II I I II I I'Ill II II I III Fees 1_3 2..000 Taxes .00 )`,1A Fb D _Othe - -- 0 --�q r'rdr nQ "rf PAID 132,00 �iayw SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE Title RECORDING REQUESTED BY Cdr`cavT1+(--(- AND WHEN RECORDED MAIL TO 50 kl rJr nc, �Gi 1/I �✓�d�i 20�� SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE Title pscording Requested By WHEN RECORDED MAIL TO: SAN BERNARDINO ASSOCIATED GOVERNMENTS sbX Project Office 1170 W. 3`d Street,2nd Floor San Bernardino,California 92410-1715 -C C o M as Portions APN(s): 0141-372-25 EXEMPT FROM RECORDING FEES PER GOVT.CODE§27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV.&TAX CODE§11922 EASEMENT, TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT This Easement, Temporary Construction Easement and Agreement (hereinafter referred to as this "Agreement") is made and entered into by and between the undersigned Grantor and the undersigned Grantee with reference and respect to the facts and circumstances set forth herein as of the last date of execution by either of the parties set forth below. 1. Hospitality Office, Inc., a Delaware corporation (hereinafter referred to as "Grantor"), is the owner in fee of all or part of that certain real property located in the City of San Bernardino, County of San Bernardino, State of California, more fully described in Exhibit t "A" attached hereto and incorporated herein by reference ("Property"). Grantor is willing to convey and dedicate a Permanent Easement and a Temporary Construction Easement in connection with the Project (as such terms are defined below), subject to the covenants, conditions and terms of this Agreement. 2. FOR VALUABLE CONSIDERATION, including, without limitation, the covenants, agreements, representations and/or warranties of the parties set forth in this Agreement as well as an agreed to payment by Grantee made to Grantor concurrently with the execution and delivery of this Agreement, receipt of which is hereby acknowledged, Grantor does hereby GRANT and CONVEY to San Bernardino Associated Governments, acting as the San Bernardino County Transportation Commission ("Grantee"), and its successors and assigns, an easement for public street purposes over and across that certain portion of the Property which is owned by Grantor and legally described in Exhibit "B" attached hereto and incorporated herein by this reference and mapped in Exhibit "C" attached hereto and incorporated herein by this reference ("Permanent Easement"). Grantee hereby accepts ownership and control of the Permanent Easement together with all improvements thereon, if any, in its "As-Is" condition and acknowledges that Grantor makes no representations or warranties,express or implied,in connection with the Permanent Easement. 3. ALSO FOR VALUABLE CONSIDERATION, including, without limitation, the covenants, agreements, representations and/or warranties of the parties set forth in this Agreement as well as payment by Grantee made to Grantor in the amount of Twenty-Seven Thousand One Hundred Dollars ($27,100.00) concurrently with the execution and delivery of this Agreement, receipt of which is hereby acknowledged, Grantor does hereby GRANT and CONVEY to Grantee, and its successors and assigns, a temporary and non-exclusive This document is being recorded as an accommodation only P:Hospitatity redline.doc and Chicago Title Company assumes no responsibility for correctness or validity thereof. construction easement and right of way ("Temporary Construction Easement"), over, on, under, in, across, along and through that certain portion of the Property more fully described and depicted in EXHIBITS "D" and "E" attached hereto and incorporated herein by reference ("Temporary Construction Easement Area"), for the purpose of all necessary and convenient activities associated with the construction of the sbX E-Street Corridor Bus Rapid Transit (BRT) Project ("Project"). Grantee hereby accepts use of the Temporary Construction Easement together with all improvements thereon, if any, in its "As-Is" condition and acknowledges that Grantor makes no representations or warranties, express or implied, in connection with the Temporary Construction Easement. 4. The Temporary Construction Easement shall expire on the date that is six (6) months from the date of commencement of construction'within the Temporary Construction Easement Area ("Expiration Date"); provided, however, that the Expiration Date shall not extend beyond and shall, in any event, occur on or before December 31,2013. Upon occurrence of the completion of the Project or the earlier occurrence of the Expiration Date,the then-owners of record of the Property,whether Grantor or its heirs, successors, assigns or other beneficiaries, shall have the right to receive from Grantee, and Grantee shall without the requirement of notice provide and deliver, a duly executed and acknowledged recordable instrument in writing, whereby Grantee quitclaims and otherwise releases its interest in and to the Temporary Construction Easement as well as the Temporary Construction Easement Area to the then-owner of record of the Property, and such owner may cause same to be recorded in the Official Records of San Bernardino County, California. 5. Grantor covenants, by and for itself, its assigns, heirs and voluntary and involuntary successors in interest to the Property or any part thereof, that,prior to the Expiration Date, Grantor shall not, without the express written consent of Grantee, erect,place,maintain, or undertake any other activity which may interfere with the Grantee's use of the Temporary Construction Easement Area; nor permit the erection, placement, maintenance, or undertaking of any other activity which may interfere with the Grantee's use of the Temporary Construction Easement Area, including, without limitation, the erection of any building, wall, fence, structure or other improvement within the Temporary Construction Easement Area. 6. The Temporary Construction Easement shall include the right and privilege of Grantee and its employees, agents, representatives, contractors, subcontractors, and workmen to, subject to the terms of this Agreement: (i)perform all activities as may be reasonably necessary' to facilitate the purposes of the Temporary Construction Easement; (ii) use and occupy the Temporary Construction Easement Area; (iii) have access to, ingress to, and egress from the Temporary Construction Easement Area; (iv) use and temporarily place and operate tools, equipment, machinery, and materials on the Temporary Construction Easement Area; and (v) trim, cut, or clear away any trees, brush, or other vegetation or flora, including the roots thereof, located within the Temporary Construction Easement Area. 7. Nothing in this Agreement shall be deemed to be, and nothing in this Agreement shall constitute, a waiver of the following claims that Grantor, including Grantor's heirs, successors, assigns and other beneficiaries (collectively,the"Grantor Parties"),may have against Grantee, Grantee's successors, assigns, contractors and subcontractors (collectively, the "Grantee Parties") for and Grantor, on behalf of itself as well as the other Grantor Parties, Mospitality redline.doc 2 specifically reserves any equitable indemnity claim against Grantee as well as the other Grantee Parties for, any and all claims, demands, losses, liabilities, damages, costs and/or expenses, including, without limitation, attorneys' fees, arising out of, resulting from or related to the negligence or greater fault of the Grantee Parties or any of them in connection with construction of the Project or entry in, on, around or about the Property. Prior to the start of construction or the performance of work or any other entry on to the Property for any purpose contemplated or permitted by this Agreement, Grantee shall provide to Grantor a written notice containing the correct full legal name of and contact information for Grantee's contractor that is to perform construction or other work in, on or about the Property or with respect to the that part of the Project to be located at or on the Property or any part of it. The contract with the contractor shall provide that the contractor must maintain insurance with the coverages and limits set forth in Exhibit"F"attached hereto and incorporated herein by this reference. 8. Grantor acknowledges, understands, and agrees that Grantee's work on the Project in the Temporary Construction Easement Area and Permanent Easement may require the relocation and/or replacement of one or more electrical fixtures, standpipes, gas lines, or other utilities or utility controls ("Utility Fixtures") and that the relocation and/or replacement of such Utility Fixtures may require a temporary electrical or other utility outage to the Property. Grantor consents to such temporary electrical or other utility outage so long as (a) unless Southern California Edison cannot or will not do so, any such outage shall be preceded by written notice to Grantor at least 7 days prior to the occurrence of any such outage, and (b) unless Southern California Edison cannot or will not do so, such outage shall take place outside of business hours (6:00 a.m. to 10:00 p.m. from Monday through Saturday). 9. Grantor acknowledges, understands, and agrees that Grantee's work on the Project in the Temporary Construction Easement Area and Permanent Easement may require the relocation and/or replacement of a fire sprinkler riser and related equipment, and that the relocation and/or replacement of such fire sprinkler riser and related equipment may require a temporary fire sprinkler outage to the Property. Grantor consents to such temporary fire sprinkler outage so long as (a) any such outage shall be preceded by written notice to Grantor at least 7 days prior to the occurrence of any such outage, (b) such outage shall take place outside of business hours (6:00 a.m. to 10:00 p.m. from Monday through Saturday), and (c) Grantor consents to the new location of the fire sprinkler riser and related equipment, which consent shall not be unreasonably withheld. By signing this Agreement, Grantor is not waiving a claim for damages resulting from any interruption in the fire sprinklers. 10. Grantor acknowledges, understands, and agrees that Grantee's work on the Project in the Temporary Construction Easement Area and Permanent Easement Area may require temporary closures of one or more of the current access and egress points on the Property so long as (a)reasonable driveway and pedestrian access to the Property will be maintained at all times during business hours, (b) Grantee shall coordinate with Grantor before pouring new concrete driveway aprons on and adjacent to the Property, and (c) only one of the two entrances shall be closed at any time. 11. Grantor acknowledges, understands, and agrees that Grantee's work in the Temporary Construction Easement Area will involve changes to the current landscaping configuration on the Property. On or before the Termination Date, Grantee shall restore the P:Hospitality redline,doc 3 landscaping to a condition as near as practicable to the condition that existed immediately prior to the construction and, in particular, shall restore the landscaping in accordance with (a) the Tree Planting Plan, Hospitality Lane at Sunwest Lane by Gruen Associates, contract number FRP-IPMO11-5, drawing L-C-347, sheets 866-867 (the "Tree Plan"), and (b) the Planting Plan, Hospitality Lane Between E Street and Sunwest Lane by Gruen Associates, contract number FRP-IPM011-5, drawing L-C-442, sheets 932-934 (the"Planting Plan"),which, in executing this Agreement, Grantor approves. Reduced copies of the Tree Plan and Planting Plan are attached hereto as Exhibits "G" and "H" respectively, and are incorporated herein by reference. To the extent the actual construction shall be materially different from the Tree Plan and/or Planting Plan, Grantor and Grantee agree that Grantor shall have the right to approve any such changes; provided, however, that (i) Grantor's approval shall not be more stringent than Grantee's _requirement to restore the landscaping to a condition as near as practicable to the condition that existed immediately prior to the construction, and (ii) Grantor's approval is not unreasonably withheld, conditioned, or delayed. Grantor acknowledges, understands, and agrees that to the extent the landscaping as depicted in the Tree Plan and Planting Plan are different than the landscaping that currently exists on the Property, Grantor has been compensated for such changes by the payment referenced in Paragraph 3 above and, in particular, Grantor acknowledges, understands, and agrees that two mature trees will be removed but not replaced with other trees (any additional trees removed during construction will be replaced, pursuant to the Tree Plan). The parties acknowledge that the contractor for the Project is required to provide to Omnitrans a one-year unconditional warranty for all plants that are repaired or replaced as part of the Project. 12. Grantee acknowledges, understands, and agrees that to the extent its work on the Project in the Temporary Construction Easement Area and Permanent Easement involves the cutting and capping of any sprinkler facilities, the work will be conducted and the sprinkler facilities shall be restored in such a manner that the functionality of the sprinklers outside the Temporary Construction Easement Area,but within the Property, will be maintained at all times, and Grantee will coordinate with Grantor before relocating,cutting or capping Grantor's existing sprinkler facilities. Upon completion of the work at the Property, Grantee shall restore and reinstall the sprinkler facilities and all repairs and replacements shall be at least equal to existing improvements and shall reasonably match them in finish and dimension. 13. Grantor and Grantee agree that Grantor's existing monument sign and surrounding landscaping, located in or near the Temporary Construction Easement Area, will be protected in-place during construction. Notwithstanding the foregoing, in the event that Grantee's construction damages, obscures or otherwise requires the restoration, relocation, and/or replacement of Grantor's monument sign and surrounding landscaping, Grantee shall be responsible for all costs related to any such restoration, relocation, and/or replacement, including all associated landscaping costs. To the extent relocation is required, Grantor sha1J have the right to approve the location for such relocation; provided, however, that Grantor's approval is not unreasonably withheld,conditioned, or delayed. 14. All work performed within-the Temporary Construction Easement Area and the Permanent Easement including, but not limited to, the work described in Paragraphs 8-13 above shall be performed at Grantee's sole expense. RHospitality redline.doc 4 15. Grantee shall provide Grantor with the contact information of the Project's Resident Engineer, who is responsible for overseeing the construction of the Project, to enable Grantor to communicate freely with the Resident Engineer at any time concerning any issue or issues raised by the performance of the work of the Project. The Resident Engineer shall promptly respond to any inquiries from Grantor concerning this Agreement or construction of the Project. Grantor shall provide Grantee with the contact information for a Project representative to whom Grantee or its contractor may give notices pursuant to this Agreement. 16. Grantee shall conduct or cause to be conducted all work on the Property in accordance with Exhibit I attached hereto and incorporated herein by this reference. 17. Grantee agrees to keep the Property free from any mechanics or materialmen liens in connection with its use of the Permanent Easement or Temporary Construction Easement. 18. Subject to the Expiration Date of the Temporary Construction Easement described in Paragraph 4 above,the covenants contained herein shall run with the land. 19. Notwithstanding the foregoing terms and provisions of this Agreement, at all times, Grantor retains the right to use the surface of the Temporary Construction Easement Area for any purpose which does not interfere with Grantee's exercise of the Temporary Construction Easement and all rights and privileges thereof. 20. This Grant shall inure to the benefit of, and be binding upon, Grantor and Grantee as well as their respective assigns,heirs and voluntary and involuntary successors in interest. 21. On or prior to the Expiration Date, Grantee shall restore the Temporary Construction Easement Area as well as such property as is impacted or affected by Grantee's work, activities and/or other operations, including without limitation the Project, to a condition as near as practicable to the condition that existed immediately prior to Grantee's operations. 22. This Agreement may not be modified, terminated, or rescinded, in whole or in part, except by a written instrument duly executed and acknowledged by Grantee, or its successors or assigns,and Grantor, or its successors or assigns in the Property, and duly recorded in the Office of the San Bernardino County Recorder. 23. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 24. The invalidity or unenforceability of any provision of this Agreement with respect to a particular party or set of circumstances shall not in any way affect the validity and enforceability of any other provision hereof, or the same provision when implied to the other party or to a different set of circumstances. 25. All notices delivered under this Agreement to Grantee or Grantor must be in writing and shall be addressed to the respective parties at such address set forth below or to such other address and to such other persons as the parties may hereafter designate by written notice to the other parties hereto: RHospitality redline.doc 5 Grantee: San Bernardino Associated Governments 1170 W. 3rd St. San Bernardino, CA 92408 Attn: Mitchell Alderman Telephone: (951)686-1450 With a copy to: Rick E.Rayl, Esq. Nossaman LLP 18101 Von Karman Ave., Suite 1800 Irvine,California 92612 Grantor: Hospitality Office, Inc. Attention: American Realty Advisors Attn: Greg Blomstrand 801 North Brand Boulevard, Suite 800 Glendale, California 91203 Attn: Scott Darling 801 North Brand Boulevard, Suite 800 Glendale,California 9120') With a copy to: Karen ZoBell,Esq. Solomon Ward Seidenwurm& Smith, LLP Wells Fargo Plaza 401 B Street, Suite 1200 San Diego, California 92101 26. This Agreement contains the entire agreement between the parties with respect to the subject matter addressed herein and supersedes all prior and contemporaneous negotiations and agreements between the parties with respect to all or part of the subject matter hereof. 27. This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall be considered one and the same instrument. 28. Grantee shall have right and power to transfer or assign its rights under this Agreement to another governmental entity,quasi-governmental entity,or public utility including, but not limited to, the City of San Bernardino and/or Omnitrans, without Grantor's consent. Neither this Agreement nor any rights or obligations of Grantee hereunder may be transferred or assigned by Grantee to a non-governmental entity without the prior written consent of Grantor, which consent may not be unreasonably withheld,conditioned,or delayed. [Signature Page Follows] RHospitality redline.doc 6 IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below. Dated: GRANTOR: Hospitality Office,Inc., a Delaware corporation By: 1 0 Name: Title: C6i(d?.tnk AGREED, ACCEPTED AND ACKNOWLEDGED: Dated:-- q In GRANTEE: San Bernardino Associated Governments, Acting as the San Bernardino County Transportatio C r t ommis 'on By: Name: William T. Schuiling Title: Interim Executive Director P:Hospitality redline.doc 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � �.-ULk�,, County of S�� ajXd) On before me, !� t VOh"� �G1,�01 r G �u�c r`� u es ate / 1 c Here Ins Nam and Title of the Officer personally appeared �/(,�1yY1 T T JC,N- mels`gne') who proved to me on the basis of satisfactory evidence to be the person(Kwhose nameK is/W subscribed to the within instrument and acknowledged to me that he/le/tW executed the same in his/ter/th)&authorized capacity(), and that by his/t)Qr/th r signatureXon the instrume t the person(s), or the entity upon behalf of MARY J.MAYES which the personAA acted, executed the instrument. Commission# 1879202 Notary Public-California z Z `� San Bernardino County = I certify under PENALTY OF PERJURY under the laws My Comm.Expires Mar 2.2ota of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature a Az� Place Notary Seal Above gignati.06 of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑Partner—❑ Limited ❑ General _ ❑ Attorney in Fact • ❑Attorney in Fact • El Trustee Top of thumb he ❑Trustee re Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876£827 NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) ss. COUNTY OF -� On tt �� �( , before me, C{voC � �Z , a Notary Public, personally appeared 'bCoki-'O�tyj,' , who proved to me on the basis of satisfactory evidence to be the person(.4 whose name is/ subscribed to the within instrument and acknowledged to me -- -that he/,sV/tVy executed the same to his/Vr/tbeir authorized capacity 4s , and that by his/l�thir signature(a'f on the instrument the person(/, or the entity upon behalf of which the person(X acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. � (Seal) Signature of Notary Public .1 W-00- LID �te+ae`� cerwluwrt e� Imary Mk—CamorMO �C Los AnION Cowley My Comm Expires:AU 19.2011 r RHospi[ality redline.doc 8 Exhibit"A" Legal Description of Property [APN:0141-372-25] i 4 i. EE 1 E i P:Hospitality redline.doc i • I ATTACHMENT"1" All that certain real property situated in the County of San Bernardino, State of California, described as follows: Parcel A: Beginning at the Northwest corner of Parcel 2 of Parcel Map No. 6022, as shown by Map on file in Book 58 Pages 77 and 78, of Parcel Maps, records of San Bernardino County, California; Thence North 890 42' 56" East'587.94 feet Thence South 00 17' 04" East, 165.00 feet; Thence South 890 42' 56" West, 587.94 feet; Thence North 00 17' 04" West, 165.00 feet to the point of beginning, as set forth in a Certificate of Compliance recorded April 21, 1981 as Instrument No. 81-085995 of Official Records. Parcel B: The South 43 feet of the following described land: That portion of Lot 2, Block 54 of the Rancho San Bernardino as shown by map on file in Book 7 Page 2, of Maps, records of San Bernardino County, California, described as follows: Beginning at the Northeast corner of Parcel 2, Parcel Map No. 6022, as shown by map on file in Book 58, Pages 77 and 78, of Parcel Maps, records of San Bernardino County, California; Thence North 89°42' 56" East, 126.35 feet; Thence South 00 170 04" East 208 feet; Thence South 890 42' 56"West, 126.35 feet; Thence North 00 17' 04" West, 208 feet to the true point of beginning. i C4-0141-372-25 EXHIBIT"B" Legal Description Permanent Easement [APN: 0141-372-25] F.Hospitality redline.doc PALMSONS K^W E GvrjSB Rxd.�-:j;Ic'_C:i.Oci:rio, -.^s 70< EXHIBIT A RIGHT OF WAY AP 0141-372-25 THAT PORTION OF PARCEL 1,CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT,MINOR SUBDMSION NO.628,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS RECORDED APRIL 21,19.81 AS DOCUMENT NO.81-085995 OFFICIAL RECORDS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: PARCEL A COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 1,ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF HOSPITALITY LANE(43.00 FEET HALF WIDTH);THENCE NORTH 89°43'18"EAST,A DISTANCE OF 70.36 FEET TO THE TRUE POINT OF BEGINNING;THENCE NORTH 34°55'24"EAST,A DISTANCE OF 2.66 FEET;THENCE NORTH 89°43'18"EAST,A DISTANCE OF 29.15 FEET;THENCE SOUTH 35°28'48"EAST,A DISTANCE OF 2.66 FEET TO POINT"A"ON THE SOUTH LINE OF SAID PARCEL;THENCE ALONG SAID SOUTH LINE SOUTH 89"43'18"WEST,A DISTANCE OF 32.21 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 67 SQUARE FEET,MORE OR LESS. PARCEL B COMMENCING AT POINT"A"DESCRIBED ABOVE,BEING A POINT ON THE SOUTH LINE OF SAID PARCEL 1, SAID COURSE HAVING A BEARING OF SOUTH 89°43'18"WEST;THENCE ALONG SAID SOUTH LINE NORTH 89°43'18"EAST,A DISTANCE OF 259.69 FEET TO THE TRUE POINT OF BEGINNING:THENCE NORTH 34°5524"EAST,.A DISTANCE OF 2.56 FEET;THENCE NORTH 89"43'18"EAST,A DISTANCE OF 29.15 FEET; THENCE SOUTH 35°28'48"EAST,A DISTANCE OF 2.66 FEET TO THE SOUTH LINE OF SAID PARCEL; THENCE ALONG SAID SOUTH LINE SOUTH 89°43'18"WEST,A DISTANCE OF 32.21 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 67 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 30TH OF AUGUST,2010 z ARO ST y.4 >4% N0: Zi 0 25468 e e ROBERT EDWARD STEAFFENS,PE 25068 APN 0141-372-25 ROW Page 1 EXHIBIT"C" Map of Permanent Easement [APN: 0141-372-25] y 6 i i • i - P:Bospitality tcdlio.&c i u6p Zd014.93t S-MD&-SZ-ZLC-MNdY OIOZ/OC/H 09.6b4004:KQ pa44o1d 0 o z 133HS 33S 7 z ° o o = 3N�� 1S3AnW(1S L a 0 aft A cm 3 Emm M � © o � M tUS um In N CT .a8 Q J °m < •S ?� Q Ul CO d c IL no U O c= o U Q N N N M In r, i - � of .�. �- •-- •-- C? ¢o o N o c ! Z m v min W m m: i i+t m M m m C ' LD]IJ 1 uOP'ZjOZ40045-MOB-SZ-2If-IbINdV OfOZ/0£/n O.96bbOOd:c9 P.44.w o � N v � � o N J.unoo ls3MNns 0 M v7 � N � C4 �b �b C, LL s mil r x Ltd QftaD( a p u> .8 _ems (Lno�� �Q � ns a tid �s Ul rr —_moo N 2 CID d h- U F4- N N N In Q n � W W W 3 06 Z- C, Q' Vt N a Z Z M1 N m i m rn M 3iNV l Ls3mNns { L 13-3HS 33S r i. EXHIBIT"D" Legal Description Temporary Construction Easement Area [APN:0141-372-25] t I 1 i PAospitality redline.doc F PARSONS ',`60 E.Gjzt l Rr•.•:?- EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141-372-25 THAT PORTION OF PARCEL 1 OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT,MINOR SUBDIVISION NO.628,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,RECORDED APRIL 21,1981 AS DOCUMENT NO.81-085995 OFFICIAL RECORDS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1,ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF HOSPITALITY LANE(.43.00 FEET HALF WIDTH);THENCE ALONG THE WEST LINE OF SAID PARCEL NORTH 00'16'42"WEST,A DISTANCE OF 4.00 FEET;THENCE NORTH 89°43'18"EAST,A DISTANCE OF 60.94 FEET;THENCE NORTH 34°5524"EAST,A DISTANCE OF 10.00 FEET;THENCE NORTH 89°43'18"EAST,A DISTANCE OF 33.40 FEET;THENCE SOUTH 35°28'48"EAST,A DISTANCE OF 10.00 FEET; THENCE.NORTH 89°43'18"EAST,A DISTANCE OF 253,09 FEET;THENCE NORTH 34°5524"EAST,A DISTANCE OF 10.00 FEET;THENCE NORTH 89"43'18"EAST,A DISTANCE OF 27.28 FEET;THENCE SOUTH 35°28'48"EAST,A DISTANCE OF 10.00 FEET;THENCE NORTH 89°43'18"EAST,A DISTANCE OF 179.34 FEET TO THE EAST LINE'OF SAID PARCEL:THENCE ALONG SAID EAST LINE SOUTH 44°43'18"WEST,A DISTANCE OF 5.66 FEET TO THE SOUTH LINE OF SAID PARCEL;THENCE ALONG SAID SOUTH LINE SOUTH 89°43'18"WEST,A DISTANCE OF 178.64 FEET;THENCE NORTH 35"28`48"WEST,A DISTANCE OF 2.66 FEET;THENCE SOUTH 89°43'18"WEST,A DISTANCE OF 29.15 FEET;THENCE SOUTH 34°5524"WEST, A DISTANCE OF 2.66 FEET TO THE SOUTH LINE OF SAID PARCEL;THENCE ALONG SAID SOUTH LINE SOUTH 89°43'18"WEST,A DISTANCE OF 259.69 FEET;THENCE NORTH 35"28'48"WEST,A DISTANCE OF 2.66 FEET;THENCE SOUTH 89"43'18"WEST,A DISTANCE OF 29.15 FEET;THENCE SOUTH 34°55'24"WEST, A DISTANCE OF 2.66 FEET TO THE SOUTH LINE OF SAID PARCEL;THENCE ALONG SAID SOUTH LINE SOUTH 89°43'18"WEST,A DISTANCE OF 70.36 FEET TO THE POINT OF BEGINNING. CONTAINING 2,758 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 9T"OF JUNE,2010 ` A1tU D �byI s� f �. NO. z 0 25068 el i ff � Al. ROBERT EDWARD ST FNS,PE 25068 i APN 0141-372-25 TCE Page 1 EXHIBIT"E" Maps of Temporary Construction Easement Area [APN: 0141-372-25] I i } P:Hospitality redline.doc UDp'y 30l1eailS-331-SZ-ZLC-IMWaV OIDZ/0£/8 096b 600 d:l.Q pey;old Z 1713HS 133S a o � o T 3MVI LS3MNnS a � W W N W L�C � N O C'US I Q un, Cv n( ►- d P c? ° rZ UJ a e x o �^ a uj W N � ®1 �T L9 co ul °+ ?° CL gpp� w.: �o G + o C dip Oil 1 m Ld Gd og) r�z O d O W tD N V. cD •- d � H � N C a P N v N tY `� V INf1 V N V 4 m U5plzjoz4 Ljs-M.L-SZ-a tv_ Ndv 0102/Of/6 096bb00C:lQ p611old 0 o v \ o N U O 11 O lunoo IsaAwns LU ca LU N O M O LU � U ¢� ui dam' _Q cg�Op� h Ge(?= 2 P C30p� mil o Mo Q F- H l+- Q cS U Z N � O In - � P CO ap 00 m W m ' l[1 C N 4 P 0 N Q I�fl C7 N N z NZ 2 N Z Z M 3NVI 1S3MNflS L 133HS 33S i EXHIBIT"F" Insurance Requirements A. Minimum Limits of Liability;Primary Coverage *1. Before commencing Contractor's Work and as a condition of payment,Contractor shall purchase and maintain insurance that will protect it from the claims arising out of its operations under this Contract, whether the Work or operations are by Contractor, or any of its Consultants or Contractors or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.This insurance shall have at least the following minimum limits of liability and coverage in companies with an AM Best company rating of"A" or higher. All insurance shall be primary and non-contributory coverage to the Indemnified Parties. — 1.1 Workers'Compensation Statutory 1.2 Employer's Liability a. Bodily Injury by Accident $5,000,000 each accident b. Bodily Injury by Disease $5,000,000 policy limit c. Bodily Injury by Disease $5,000,000 each employee 1.3 Commercial General Liability Insurance(including XC&U,Products/Completed Operations and Contractual Liability specifically insuring the indemnity provisions of this Contract) a. Each Occurrence Limit $5,000,000 b. General Aggregate $10,000,000 c. Products/Completed Operations Aggregate $5,000,000 d. Personal and Advertising Injury Limit $5,000,000 e. Excess Liability Policy or Umbrella Liability Policy per Occurrence and Aggregate $25,000,000 1.4 Commercial Automobile Liability Insurance a. Combined Single Limit Bodily Injury and Property Damage $1,000,000 Each Occurrence or b. Bodily Injury $1,000,000 Each Person and c. Property Damage $1,000,000 Each Occurrence 1.5 Contractor's Pollution Liability a. Each Claim $1,000,000 PAospitality redline.doc Exhibit F i b. Aggregate $1,000,000 *2. Additional Insureds and Certificates of Insurance Policies under Paragraphs 1.3, 1.4 and 1.5 shall list the Indemnified Parties as additional insureds.Before commencement of the Work,Contractor shall provide Certificates of Insurance evidencing such insurance and limits. The Certificates of Insurance shall contain the following statement: "As evidence of insurance for Contract Number IFB-IPM011-5, the Indemnified Parties named as an additional' insured as their interest may appear to the automobile,commercial genera4 and contractor's pollution liability insurance policies The policies shall be primary and non-contributory and include ivaivers of subrogation by endorsement on all policies" 2,1 Contractor shall require a minimum of$ 1,000,000 insurance coverage and certificates _ including Additional Insured,Waivers of Subrogation and Primary and Non-Contributory wording from its lower tier Subcontractors.And,if requested by Omnitrans,will provide evidence of Certificates for each lower-tier Subcontractor. In the event Contractor fails to obtain or maintain any insurance coverage required under this Contract, Omnitrans may purchase such coverage and charge the expense to Contractor, or terminate this Contract. 2.1 The form of CGL insurance should be at least as broad as ISO-CGL form No_ CG 00 01 11 85 or 88. Specifically,the policy must cover,in addition to the liabilities listed,broad form property damage. 2.1 The additional insured endorsement should be required to be issued using ISO-CGL form No.20 10 1185, *3. Waiver of Subrogation 3.1 Contractor waives all rights against the Indemnified Parties and any of their respective consultants,Contractors,and agents and employees,for injury,death,or damages caused by risks covered by insurance provided in Paragraph 1,except such rights as it may have to the insurance proceeds. 3.2 If the policies of insurance referred to in this Article require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed. 4. Number of Policies- Commercial General Liability Insurance and other insurance may be arranged under a single policy for the full limits required or by a combination of underlying policies and by a Following Form Excess or Umbrella Liability Policy. *5. Cancellation,Renewal and Modification Contractor shall maintain in effect all insurance coverage required under this Contract at Contractor's sole expense and with insurance companies acceptable to Omnitrans. The policies shall contain a provision that coverage will not be canceled or non-renewed reduced in limits or coverage until at least thirty(30)days'prior written notice has been given to Omnitrans. *6. Continuation of Coverage Contractor shall continue to carry Completed Operations liability insurance for at least two(2)years after Substantial Completion of the Work. Contractor shall furnish Omnitrans evidence of such insurance at final payment and one(1)year thereafter. P:Hospitality redline.doo Exhibit F-2. *7. Contractor's Equipment or Tools Property Insurance Contractor will obtain and maintain all risk property insurance in the form of a Contractor's Equipment or Tool Floater for the full costs of replacement at the time of any loss upon their own equipment and tools. Contractor shall be responsible for all deductibles and co-insurance penalties,if any. *8. Property Insurance Loss Adjustment 9.1 Any insured loss shall be adjusted with the appropriate Indemnified Party and made payable to the appropriate Indemnified Palsy as trustee for the insureds,as their interests may appear,subject to any applicable mortgagee clause. 9.2 Upon the occurrence of an insured loss, monies received by Omnitrans shall be distributed to Contractors in accordance with the agreement of the parties or, in the absence of such agreement,in accordance with an arbitration award. 9. Environmental Remediation Supplement Insurance The required Environmental Remediation Insurance supplements ate: a) Transporters—Contractor and all lower tier Contractors engaged in any way in handling, generating, treating, storing, transporting, hauling, disposing of Hazardous Waste or Materials, shall require by.contract, that all Transporters of Hazardous Waste maintain the following insurance and limits: b) Workers'Compensation at the statutory rate; (c) Employers'Liability insurance with a minimum limit of$5,000,000 each accident and in the aggregate; (d) Commercial General Liability insurance, including X, C & U, Products/Co mpleted Operations and Contractual liability insurance specifically insuring the indemnity provisions of this Subcontract,with a minimum combined single limit of$5,000,000 each occurrence and in the aggregate for bodily injury and property damage;and (e) Commercial Automobile Liability insurance with a MCS-90 endorsement and a minimum combined single limit of$5,000,000;and (f) Contractor's Pollution Liability Insurance in an amount of not less than $5,000,000 per claim and $5,000,0000 aggregate in lieu of the $1,000,000 limits required by Paragraph 1.5 (g) Transporters Auto Pollution & Remediation Legal Liability with minimum limits of $5,000,000 per claim and$5,000,000 aggregate including coverage for loss, damage and cleanup costs caused by pollution arising from cargo transported by a covered automobile and arising out of the upset,overturn,collision,loading and unloading of materials_ Additional Insured's— the Indemnified Parties be named additional insureds on the coverage described above in Paragraphs 9 (c), (d), (e), and (f). Contractor shall furnish Certificates of Insurance for itself and lower tier Contractors, and Transporters, indicating the existence and extent of coverage to the Indemnified Parties prior to handling, generating, treating, storing, transporting,hauling,and disposing of Hazardous Waste or Materials. C. INSURANCE SUPPLEMENT A check mark next to the following insurance coverage(s) indicates that the item(s) is incorporated into the agreement. The following insurance coverages and requirements modify and are in addition to the P:Hospitality redline_doc EXhi it -3 insurance provisions contained in the agreement which remain in full force and effect. All required coverages shall be provided by an underwriter with an AM Best company rating of'W or higher. Field Activities Commercial General Liability(CGL)with the endorsements checked below: ❑ Contractor's Pollution Liability(CPL)—coverage shall be provided with minimum limits of$1,000,000 per occurrence or claims made and aggregate with the Indemnified Parties named as additional insureds. A waiver of subrogation in favor of the Indemnified Parties shall be provided. This insurance shall be primary and non-contributory coverage as to the Indemnified Parties. __ __._______❑_. Railroad Protective_Liability-coverage for work performed within 50 feet of railroad tracks or within railroad right of way with minimum limits of$2,000,000 per occurrence and$6,000,000 aggregate with the Indemnified Parties named as additional insureds. This coverage may be extended to cover all Contractors participating in the project and may also be purchased directly from the Railroad company itself if available. i i r I Mospitality redline.doc Exhibit F-4 EXHIBIT"G" Tree Planting Plan(Reduced) [APN: 0141-372-25] i 4 f RHospitality rcdline.doc Exhibit F -1S [K-]-1 01M 335 Az2 . W I ! LLJ j ( w N I $ ; g x Z W 1 dim I � I � Pit CL LLJ w Cl 3s ul 'U �-o Lq H9 16 ' Ft 11(VsV�yy � N — — —•�-- —Tr I rYI S !r f• :: j im I; ! Mi I uj� ! L • • I 1 �a �Im I it � 1 •1 1 � � alm j aim IX �,•� ` 1 �r I- I , Lu Q) Z e SK-8-1 ul3 JS 311X]lM U wz:ava:::opzv:v.vnztm�.�soii w:s.�"a:au�a:mz�ru:� cM-rt UIxF 335 3.YlrJlq ��� :,•� i LU uj Li IRE: co > [ z ¢ LU 'L - I�.k, i .1 a Q' z g UJ a- I ,��:1 a ij 19• � � O OWE U 4+ ^ V I I I Up P 191 I I o g p Z �s I I I I n j 3 w �cc 4 a rz M wF I 0 8 if P k- U)'4 r 3NV1 1$3MNnS ` I; . it '1 `l -• .—�.- --- 9ne�c � d •n k H .. Q�Q _�.. sor-a-i usxs�3s 3..rounn c° o ='T 0 r w w O f fr 2 i\ wn.�wrnwn�n.•n.rnwx°��oum.ozw�eunmaaw��s - EXHIBIT"H" Planting Plan(Reduced) [APN: 0141-372-25] i s i I P-Hospitality rcdlinc.doc ! cw1_1 13 S 33S 7Nlla" W LU uj LS w z CL ..; l� Ii III nl � O r~n 4 v W�1: Wz �R ' 1 iiII o �.�\• ".n�-S. , -"t I ICI CCU ! .. '✓ 1. l aaI I III m2 6�e I z "rY113*5�D� D `1 O I z � _ o _ LUG 339 301M leg i It �I ,O coJ za z tt I; 5 0 n m CIO �. 9G tI N I u w $� cc wo Q — yU 7 NVI yN iS3AWns " .. .F:•: l {� a ro 6 ! "I•i iii�' �.-° N,i i 7y.\'S � d�� •"e\' f%fir tv Al '• i ;,• is i`:�``��!%,"i � _ . ;•I: T�':I� ' �.� \� ��f;� ((sit P �`�. i O Ili s O v - ' wvsGm,.�e,kN"•v[nnvplo»e>�+:oo.ep:pys.,:"•:5�:�.,[�s e>-}t 1315 1)S 3:�Yg1YA };L 31� Ol4t I ��\,�li �i�l tl : � � IIl I 4 1 �•', la '� �" _ I C iNnOO 1s3MNns I I 1 . : 111111! '1 1 64 1..1_._ :.. i:• I I. t j'. t � 1 �� j•� 1!�`•'� yN A W ti l ! z LO y a IL - N _ .(..} Wa sit ♦ � •- _ g1 � ij p I, is' c-, 0"0 M. NNW . I ..e..<rs l,oc.e,ro e..,,»w�.+•e al m:ouw:a.,:.>*a.>,<n:s EXHIBIT"I" PROTECTION OF PROPERTY AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace existing improvements.within the right-of way or temporary construction easement which are not designated for removal (e.g. curbs, sidewalks driveways, fences, walls, signs, billboards,utility installations, monitoring wells, pavement, structures, landscaping, irrigations and etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed,the remaining lines shall be capped and remaining system shall be kept functional and not cause new damages. Repairs and replacements shall be at least equal to existing improvements and shall reasonably match them in finish and dimension. The Contractor, during the progress of the Work, shall maintain existing or temporary street lightings and traffic signal systems. If any damage to existing or temporary street lightings and traffic signal system occur,the Contractor shall immediately notify the Engineer and arrange for immediate repair and restoration of service. The Contractor shall commence repairs or replacements as soon as possible and in no case later than 4 hours after damaging the system or receiving approval of the equipment and materials by the Engineer, whichever takes longer. A licensed electrical contractor shall make all temporary and permanent repairs- Trees, lawns,and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice of at least 30 Days to occupants or owners of adjacent property to permit them to salvage or relocate plants,trees,fences,sprinklers,and other improvements,within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. i j i RECORDING REQUESTED BY San Bernardino Associated Governments AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: NAME San Bernardino Associated Governments sbX Project Office Attn:Ryan Graham STREET 1170 W.3rd Street,2nd Floor ADDRESS CITY,STATE a San Bernardino,CA 92410-1715 ZIP CODE TITLE ORDER NO.: ESCROW NO.: SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement, Temporary Construction Easement and Agreement dated November 3, 2011, from Hospitality Office, Inc., a Delaware corporation (OWNER/GRANTOR) to the San Bernardino Associated Governments (SANBAG) acting as the San Bernardino County Transportation Commission (GRANTEE), by the within instrument,the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of SANBAG pursuant to authority conferred by the SANBAG Board of Directors Agenda Item 22, adopted on February 2, 2011, and the GRANTEE consents to recordation thereof by its duly authorized officer. Description/identification of real property: 384 West Hospitality Lane, San Bernardino, CA 92408 Dated: 064*w6m 1q, wa By: �- LZ,4^i William T. Schuiling, Interim Execut a Director STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO n� On Dere !N_; Z fz/� before me, '"`aV'�( T Aka kes, I�tPub.YN R I<< (Date) // C (Name and title of the officer) personally appeared �1 l 1 12M 1 - Sa •I who proved to me on the basis of (Name of person signing satisfactory evidence to be the person whose name Is/ subscribed to the within instrument and acknowledged to me that he/s�C1tl�ey executed the same In his/Wtt)air authori9 ca acity(i� and that by his/her/their signature(s) on the instrument the person or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARY J.MAYES Commission#1879202 Z "-d Notary Public-California zz z : z San Bernardino County M Comm.Expires Mar 2,2014 nature of officer (Seal) Mail Tax Statement as Directed Above EXHIBIT 669" PARCEL NO. C-5 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,Countq of San Bernardino 1/1112012 PLEASE COMPLETE THIS INFORMATION. DENNIS DRAEGER 2.11 PM KB ye +� ASSESSOR - RECORDER - CLERK RECORDING REQUESTED BY: P Counter San Bernardino Associated Governments,a Joint Powers Authority,acting as the San Bernardino Titles: 1 Pages: 14 County Transportation Commission (10C#: 2012—0012172 AND WHEN RECORDED MAIL TO: Fees 0.00 Rick E.Rayl Taxes 0.00 Nossman LLP Other $0.00 18101 Von Karman Avenue,Suite 1800 PAID Irvine,CA 92612 (EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 American LegalNet,Inc. Rec.Form#R25 www.LISCouctForms.com 1 NOSSAMAN LLP RICK E. RAYL(SBN 174257) 2 rrayl@nossaman.com 3 BRADFORD B. KUHN(SBN 245866) bkuhn@nossaman.com l 15 l» 4 Special Counsel SAS� F SAY'y PERNAFO'NO 18101 Von Karman Avenue, Suite 1800 DISMICT 5 Irvine, CA 92612 11C 2011 Telephone: (949) 833-7800 6 Facsimile: (949) 833-7878 SY �..`.: 7 Attorneys for Plaintiff SAN BERNARDINO ASSOCIATED GOVERNMENTS, De Pty 8 A Joint Powers Authority, acting as the SAN BERNARDINO 9 COUNTY TRANSPORTATION COMMISSION 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 FOR THE COUNTY OF SAN BERNARDINO V 12 13 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1105831 14 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 15 TRANSPORTATION COMMISSION, JUDGE DONALD ALVAREZ, DEPT S32 Plaintiff, 16 vs. jPRQPQ&W FINAL ORDER OF 17 HOSPITALITY EXECUTIVE CENTER, LLC, a CONDEMNATION 18 California limited liability company; et al., [Parcel No. C-5] 19 Defendants. 20 21 Action Filed: May 4,2011 22 [EXEMPT FROM FILING FEES GOV. 23 CODE, § 61031 24 25 26 27 szii -28 �v 312376_1.DOC FINAL ORDER OF CONDEMNATION I Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission("SANBAG")having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to an Interlocutory Judgment in Condemnation, and the Court's previously 4 entering a Final Judgment in Condemnation, and SANBAG and defendants having waived a Statement 5 of Decision,judgment having been entered, and payment having been made in full, no other party or 6 person having or claiming to have an interest in the property being acquired or the compensation to be 7 paid for the property, and good cause appearing: 8 NOW, THEREFORE,IT IS HEREBY ORDERED as follows: 9 1. The property described as Assessor's Parcel Number 0141-372-33, located at 275 W. 10 Hospitality Lane, San Bernardino, California, and more particularly described as SANBAG Parcel 11 Number C-5, consisting of a permanent easement of approximately 1,408 square feet, along with a six 12 month temporary construction easement of approximately 1,638 square feet, as described in SANBAG's 13 complaint on file in this matter and in Exhibit"A" attached to this Final Order of Condemnation 14 ("Subject Property"), is hereby condemned to SANBAG for the purposes of constructing, maintaining 15 and operating the sbX E-Street Corridor Bus Rapid Transit Project ("Project"), for the purpose of all 16 necessary and convenient activities associated with the construction of the Project and for public 17 purposes. The temporary construction easement shall commence seven(7) days from the date upon 18 which SANBAG or its authorized representative provides the applicable defendant with written notice 19 of its intent to commence construction utilizing the temporary construction easement and shall terminate 20 on the earliest of(a) the date upon which SANBAG notifies the applicable defendant that it no longer 21 needs the temporary construction easement, (b) six(6)months from the commencement date of the 22 temporary construction easement, or(c) December 31, 2013. 23 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 24 public purposes under Article I, Section 19,of the California Constitution,California Public Utilities Code 25 section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 26 for which SANBAG seeks to condemn the Subject Property, to wit, in connection with the Project and 27 for public transit improvements, is and was authorized by law and is and was a public use; the public 28 interest, safety, and necessity require the Project; the Project is and was planned and located in the 312376_1.DOC FINAL ORDER OF CONDEMNATION i I manner that will be most compatible with the greatest public good and the least private injury; and the 2 Subject Property is necessary for the Project. 3 3. Just compensation has been paid to Hospitality Executive Center, LLC, a California 4 limited liability company ("Hospitality"), and such sum was accepted by Hospitality, as full payment of 5 just compensation for the acquisition of the Subject Property and the construction of the Project in the 6 manner proposed, including,but not limited to, severance damages, loss of goodwill, loss of or damage 7 to improvements pertaining to the realty, fixtures, equipment, and/or inventory,precondemnation 8 damages, relocation benefits, and claims for attorneys' fees, litigation expenses, statutory costs, and 9 interest pertaining to this action. 10 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 11 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 12 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 13 shall be cancelled. 14 J 15 Dated: 16 JUDGE OF THE UP IOR C DONALD ALVA8 17 18 19 20 21 22 23 24 25 26 27 28 FINAL ORDER OF CONDEMNATION EXHIBIT A ]LEGAL DESCWTION FOR LAGER PARCEL A'T'TACHMENT-r The land referred to herein is situated in the State of California,Cvunt7 of San Bernardino,City of San Bernardino;.and desrrimed as'fallaW.ss I?ARCEL A.: F .2 OF.PARCEL MAP°9U7,IN THE CITY OF SAN BERNARDIN0 'COUNTY OF SAN U RNARDINO,STATE OF CALIF ... ,.. O�iNlA,AS PER MAP R ECORI�ffi�►TAf$(?OK 9'1,PAGE(Sy 10 OF IDARCEL.MAPS,IN THE OMM C?F HE COUNTY RECORDER OF SAID'COUNTY. NCK II CCLUSNE EASE'IvMW., FOR INGRESS,EGRESS AND PASSA43I OFPEDESTFILi4hI AND VVhWLAR TRAFFICE OVIU PARCEL 2 OF SAID PARCEL M"W. As sEr OUT AND =00,M)114 THAT CERTAW OR�OF RECIPROCAL EASEVERI-M.REOORDE'D I`i.OVMffi3�R +Tr 19K:lNSMUMRqT NO_&'tr.-344623 OFFICIAL RECORDS. PARM C NON-ECCLUSFVE WI T'S FQR PAItKiNG AND DRAMOE>:P'( PO AS RESERVED ON f#\RCM MAP'NO 9217,IN TI E;C Ty OF,S;6N BERNARDINO CnjZrr:0FSANI 3U Maz OF CAI..IFORNIP,AS REW,"HD IN BOOK 97 OF F AR- CW-WWg,PA( 10 R c ,OF C5-0141-372-33 LEGAL DESCRIPTION AND PLAT 1 .P FOR PERMANENT EASEMENT I PA: SONS qI 3209`E.GL-.S:i Road.Suite 2-06.Ortario.CA 9:761 •TeferMone:909-2IX3600•Fax W19-z18-366:• ..p2rscns.com f ' EXHIB1T.A RIGHT['OAF WAY AP 0141-372.33 TWAT:POR t10N OF PARCEL 2-OF PARCEL MAP 017,IN THE CITY OF SAS!BERNAR[�IKI.O;CO13t7TY OF SAN BERNAROMO,STATE OP CALIFORNIA,AS PER PLAT RECORDED IN 1300X V,:PAGE 10 OF PARCEL MAPS, IN THE 0F.PIGE_OF THE COUNTY RECORDER OF SAID COUNTY,QESCRIBED.A$•FOLL0W,& BE'GINNINGATTHE NORTHEAST CORNER OF SAID PARPEL 2,I3.EING A POINT OF A NONTANGENT CURVE I CONCAVE tJ f tMEiQ3?ER{.YH?4VING A RADIUS OF 1 43 PG F-ET,A RADIAL BE�ARtNG TO SAID.POINT BEARS SOtJ f1 t Q8"[q''4 'WE--ST YHEJ ICE WESTERLY ALONG THE ARC,Tt;PMUGH A CENTRAL ANGLE OF 02°3356„A fl(STANCE OF 46_71 FEET TOA PAINT OF REVERSE CURVE 1`a T}IE LEFT HAVIRO A RADIUS OF t 957.00:FEET AND A CENTRAL:ANGLE'OF 11 Q-70` THENC`- VESTERL.Y ALON-d THE AR-C,&DISTANCE OF 1,84.48-FEET;THENCE SOUTH 8$.°4jt1$''WE �.A Dl$TANCE OF 26.33- FEEC THENCE fiOLfTf:3 °d2'Sf" } EAST'„A D1STE}NfaE OF 2.67 FEET TO TVkIE.PQif4.-T•OF.CUI2VE.OF A N.GK TA1AtG`UT,G#1J t1fE TO TliE RIGHT,OF WHIM 7'7 i2I D1FJ� POINT LIES S( rJ {�p 31 4 uQeST'A RADIAL I51-S7AmcE OF.S67_84'.FW:THENCE EAST€ L`Y ALONE THE ARC,Tl iROU014 A�CAAL.At+IQLE;OF Q3'd.F 58".lR.DIS RANG 5F 397:86 FEE i; TAE l TM 38°44'04 EAST A) 18TAi�GI AF%J57, FEET TO THE P'OlNT'Gt+Ct RUli'pfi A NON TANGENT GLIR-VE TO ft E 146Q11T,OF WHIGH ME RADIUS-POINT U ES SOUTH 933'52.094 WEST;} RADIAL pi;STaNCE OF 6.70.63:FEEt;THENCE EAASTEF4�Y ALONG TRHE ARC,Tt!SOUGH AC E NT RAL AN-G'tB COW°26`'T-q,A QtSTPrI?ICE'OF 44 203 FEET TI E.NCt OOUTH BI'4416 P--A8T A DLL T�IiASCE OF 9!5$6 MET'TO A R43�1IF OF CUWE T.Q THE.LEF'T HAVING-A RADIUS.OF 518�,FEE=T At�ND A CENTRAL AI L A>a `11"18"';"Ti1Et�l BT;EI-I~Y ALONG THE ARC A DM. ANCE OF 19.116 FMET THENCE SOUTH 8�'a�55"` t�S A D.ISTANC-ANC 39. 4E=Ei",T}iENCE SOUTI 129 3&27'EAST.A DJSTAFICE OF 3 9 I FEET TjFC Sz7.lFf 83°52 53 EASfi,A INSTANCE QF RI-07'FEET TO THE FAST UNE'QF SAM PARCEL�,TI��T>tCE ALONG 1=A$C QN£NORTH OISTANC7=OF x•13'9. E'T T.O:THE POINT ;BEGttx1NN O�b`TTi 11t1f 1;408 SCIUARE FELFT,M OR Lt W. ALL Al MQJ 'PARTICULARLY SHbWN!OPt bmtAfT o-ATTAQHED HERETO AND MAD.E.A PART HEREOF• (ATE[3 THS-10111.0F AUGM,2A1#J' t 1r kt tT . R D EE x$068 R-EGESTRknpN EXPIRES X3111`t APr i4z-372 3%400 ., $ MT' T jil A.p C7 m: p G1:q1.. tbC D . Ar ia • `h ¢- w.t ray.m P It- .T co -< 15 .qP,r. CA �,poQ :L>a hl • 43` 43' 0 :o %OY t4d by-,pOU44:.Y60 SASIZO10 AAMU-342=3}RON.6jjn - LEGAL DESCRIPTION AND PLAT MAP FAR TEMPORARY CON9TRUC'TWI EAS��'T' 3 3200 E.Gsasl Road.Suite 200-Q itario,CA 91761, 'e 2 ^.ane:909,2-,-8-3,&-0D•:zx 9002`8-3605- ;w:Wpatso^s:eo n :{ ;Irxl-lteTrA : TEMPORARY OQNSIJG"[{ .N EASEMENT AP 014^i-3-- -,33 THAT PORTIONS OF PARCEL 2 OF PARCEL MAP 921.7,IN THE CITY OF SAN 13ERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,A5-PER PLAT RECORDED IN HOOK 97 PAGE-LU OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAQ;COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF-SASP PARCEL 2;THENCE ALONG'TI E.EAST LINE OF SAID PARCEL SOUTH 0:8°53'48"•WEST,A DISTAkQF,.OF 1181:FELT TO THE TRUE POINT Of BE'GINNtNG;THENCE NORTH 83`52'S3'ii1fEST,ADISTANCE OF l;0 Tf "TIEIIO€'NORTH"29°36'27")ISiE�',A IISTANGE OF 3.97 FEET,THERMS NO 83°'52'5:1"WEST,A b TANM`0F 39:34 FEET TO A POINT OF CU f-0 THE RIGHT H A IhIG A RADIUS OF 518:53 FEET AND Am-.(+.r KAI,�G LF-OF 0.2°'11'16';THENCE WESTERLY ALONG THE Af2G A DISTANCE-OF 19:80 FEET,THENCE �f1•i 1a�`4a,*.0 WEST,_A DISTANCE OF 95 36 FEET TO A POINT 1 OF GURVETO THE LfiFT Hf1UiNG A RADIUS-01F O 1=1 [,AMID A CENTRAL ANGLE-I3F 04b36'11";THENCE ?IVESTE•RLY ALONO`TI, AE2E.:A DJ: TANCE QF 44.2 `FeW THENCE SOUTH 38 44z'D4°IiV� ;, DISSTANCE OF 3.87 FEET TO THE POWT OF CURVE OF A NQN TAM• 1 C:`URU€TO THE.LEFT OF'3+VH1CI I,We RADIUS POINT LIES SOUTH 03'38 W WEST,A RADIAL W.STA'K .36 FEET;TEN AFC,7HR0lGH A GEN A C= AE FE 11 ALQV( THE T . tT ', E OF 30.86 FEET, giEt'1C�N1ORT 33'42'56" WEST A DIaSTATiCE:OF 2.6:7 FEET:TIiENCE..SCI UTifi 89x45*10'WEST.A DISTANCE C60'1,9 6T FEET TOTHE WESTT LIiVE 1OF$AIEI PAPC E.L.2i THENCE ALON.di W 5{'LIIFIE SOUTH 00'16°42' EAST A DIGTAN,GE{flF•4:0'0 FEET THENCE NORTH 89°43'1.8"EAST A DIST� SM ST,A ' DlSTAmC.E 01719,79 FEET:THENCE K0RTH.6J" '-t9*-tEl t ,AVA$75 ANCF_OF 9,6ii i C T1 RIC>EAIQRTH ' d' 3$v44'Q4iST A DISTANCE OF 8.36 FEE3(1 T pQlf o aRVE OF A.NON TA?1 t4URV6 TQ TF{E. RIGHT OF-.WGfiftk-ME RADjyS POINT U1481 ZdUTH fl WEST,A RADIAL D15%NCE�7I`M 53`FEET; THENCE SLY ALONG'THE ARC,T.HR .I$ {A eti £fit ANGLE OF 04'1029 �ft RtStAi�ICE OF 91.? FEET.-T!{E1 E SOUTH 81 4136"EAST,A bltS 4 01015,3,6 FEET TO A P01NT QF CQJWE'TQ THE LEFT HAV190 A IF A'01t1&0O 523,53:•FEET AND A CERd-"4A i,�QIr`02°11.16";lT 1ENCuE� R��AlPNG THE ARC A W;TjAIS'CE-.OF 19,99 FEET-THENCE SOUTH£�',�'4$."E;AST,A DISTANCrE Of IS T8 F { THENCE SOUTH.11*SC27 EAST.A DISTANCE OFIQ'05 FEET9 {7 -SOUTH 83°52'53" RISf�SN(�E OF 19:55 FEET'TO THE EAST-LINE.OF'.SAID.P)XRCEL 2;T}iEt10E ALONG EAST LINE NORT1ii0 B"53!* .DiSTANGt OF10::01 FEETTCF'F Hiy YRUE PQ11YT iDF BE61t4MtFiG_ COtWTA1N{NO 1,83& UARE Fl ET,.MOF4E OR ALL.AS:MORE PAR ncuLARLY SHOWN ON E�tkttBl"t'''B'ATiTACHED HERETO AND MADE A PART EIEREOF. BATED T-HtS 3RD'OF JUNE,2.010 • �9��S:hiRb ar AbBL -liDWARD ,PE 25-m AYN2E]3Z2-33"FGE Paget ' vCP'301fiC-ZLC•Ib1NdY 0102Y61f9 096Yti00G:iCq ppyyo� Q o T- 4.7 N �.:g J cq '• cu d•o 0 V M' 'M M Wes,'D 1�• to 'tq I'lA• h..b, h Yd. N: Fr• W fJx.�` °. .s, W �.•CS M� �:� � a- Cl e' ,9. O ° oq M AM Au m a m w rn m m em -N .M,k as t 00 MI 0�s m i.ri 4 ,}- ' � :� �Ki II'f��:.kX 0.V � �.<o.. 'l•P. � ,� .-_ �. � ?;.: .. G '•~ � Yee• -APO '.. M ay. �sr: It! •d .:•, �: ��� � . e'< O M u3 n q} 1CR a ees 1+'> FCT. 1., •, - , gyp, EXHIBIT 6610" PARCEL NO. C-6 (FINAL ORDER) [SEE ATTACHED] t 1 PLEASE COMPLETE THIS INFORMATION. Recorded in Official Records,County of San Bernardino 11110/2011 V,"'' DENNIS DRAEGER P PM "r�rs� M P ASSESSOR — RECORDER — CLERK RECORDING REQUESTED BY: San Bernardino Associated Governments,a Joint L p Counter Powers Authority,acting as the San Bernardino County Transportation Commission AND WHEN RECORDED MAIL TO: Doc-#: 2011 -0468554 Titles: 1 Pages: 17 .Rick E.Rayl Fees 63.00 Nossaman LLP Taxes e.00 18101 Von Karman Avenue,Suite 1800 other 1.00 Irvine,CA 92612 PRIG $64.05 [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDER'S USE ONLY 11� f i FINAL ORDER OF CONDEMNATION ` (Please fill in document title(s)on this line) +. i l i i I I THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION 1 (Additional recording fee applies) 4 9/95 American LegalNet,In Rec.Form#R25 WWW.USCourtForms.com i 1 'NOSSAMAN LLP - RICK E. RAYL(SBN 174257) rrayl @nossaman.com BRADFORD B. KUHN(SBN 245866) is!nn, 3 CICT bkuhn@nossaman.com 4 Special Counsel 18101 Von Karman Avenue, Suite 1800 Irvine, CA 92612 Telephone: (949) 833-7800 6 Facsimile: (949) 833-7878 i 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 1 i 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1104956 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DAVID S. COHN, DEPT. S35 17 Plaintiff, [P FINAL ORDER OF 18 VS. CONDEMNATION t i 19 HDS INLAND EMPIRE LLC, a California [parcel No. C-6] limited liability company, et al., 20 Defendants. 21 �. 22 Action Filed: April 15, 2011 23 [EXEMPT FROM FILING FEES - GOV. CODE, § 61031 J. 24 25 i 26 i —J NM- 7 m,,.. C 313744 1.DOC FINAL ORDER OF CONDEMNATION 1 Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission ("SANBAG"),having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to a Final Judgment in Condemnation, and SANBAG and defendants -4 having waived a Statement of Decision, Final Judgment having been entered, and payment having been 5 made in full,no other party or person having or claiming to have an interest in the property being 6 acquired or the compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE,IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit"A,"described as Assessor's Parcel 9 Number 0141-372-40, located at 268 W. Hospitality Lane, San Bernardino, California, and more 10 particularly described as SANBAG Parcel Number C-6, consisting of a permanent easement of 11 approximately 792 square feet, along with a six month temporary construction easement of 12 approximately 1,520 square feet, as described in SANBAG's complaint on file in this matter("Subject 13 Property"), is hereby condemned to SANBAG for the purposes of constructing, maintaining and 14 operating the sbX E-Street Corridor Bus Rapid Transit Project ("Project"), for the purpose of all 15 necessary and convenient activities associated with the construction of the Project and for public 16 purposes. The temporary construction easement shall commence seven (7) days from the date upon 17 which SANBAG or its authorized representative provides the applicable defendant with written notice 18 of its intent to commence construction utilizing the temporary construction easement and shall terminate 19 on the earliest of(a)the date upon which SANBAG notifies the applicable defendant that it no longer 20 needs the temporary construction easement, (b) six(6)months from the commencement date of the 21 temporary construction easement, or(c) December 31, 2013. 22 2. The terms of use of the permanent easement and temporary construction easement are 23 subject to the following: 24 (a) HDS Inland Empire LLC, a California limited liability company("Defendant"), 25 has elected to retain two on-premise signs at a salvage value of$0.00; Defendant was required to; at its 26 sole cost and expense, remove said signs on or before September 1, 2011. In the event the signs have 27 not been moved onto Defendant's remaining property on or before said date, SANBAG has been granted 28 the right to remove the signs and Defendant has abandoned said signs. Defendant specifically releases I FINAL ORDER OF CONDEMNATION 1 SANBAG from any and all responsibility for said signs, and understands and agrees that these items are 2 the sole property of Defendant. Defendant shall be liable and responsible for any future reconstruction, f 3 maintenance or adjustment thereto. SANBAG makes no representations or warranties as to Defendant's 4 ability to construct or maintain said signs on Defendant's remaining property. s ' stamped paved 5 (b) SANBAG shall restore Defendant's driveway with reasonably stamp pa � 6 concrete. 7 (c) Nothing herein shall be deemed to, nor shall it, constitute a waiver of any claims 8 Defendant may have against SANBAG's Contractor, and Defendant specifically reserves an equitable 9 indemnity claim against SANBAG's Contractor, for any damages resulting from the negligence or 10 intentional acts of SANBAG's Contractor, caused as a result of construction of the Project on 11 Defendant's Property. SANBAG shall provide the full legal name and contact information of 12 SANBAG's Contractor prior to the start of construction on the Subject Property. SANBAG shall 13 require SANBAG's Contractor to carry, at all times during the course of SANBAG's Contractor's work 14 on Defendant's Property, general liability insurance in the amount of not less than $2,000,000. 15 (d) Before installation of trees and landscaping, SANBAG will contact Defendant to 16 coordinate the placement of the trees and landscaping on Defendant's Property. Excepting items for 17 which Defendant has been compensated, upon completion of construction, SANBAG will restore the 18 landscaping within the temporary construction easement area and otherwise on Defendant's Property per f 19 Omnitrans' tree planting and planting plans dated 01-05-2011. i 20 (e) The landscaping between the backside of the sidewalk facing Defendant's € 21 Property on Hospitality Land and the existing berm will be no greater than a 4 to 1 slope;the grass t f 22 within the berm will be able to be maintained by a lawn mower; the hedges on Defendant's Property will 23 be maintained in place except within a small portion of the easterly hedge, which will be lowered by two i 24 (2)+/- feet and a screen hedge will be planted within this area,with the grass just north of the hedge s 25 restored; no sidewalk will be constructed within the berm. i 26 (f) The ADA ramps being installed on Defendant's Property shall be constructed in 27 such a manner as to comply with state and federal law. . 28 I z FINAL ORDER OF CONDEMNATION 1 (g) The Parties acknowledge that the Project requires the relocation of a utility vault i 2 currently located within the permanent easement area,and Defendant has granted SANBAG the right to 3 relocate the utility vault within the permanent easement and temporary construction easement areas as 4 depicted in Exhibit`B"to this Order. i 5 3. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 6 public purposes under Article I, Section 19,of the California Constitution,California Public Utilities Code 7 section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 8 for which SANBAG seeks to condemn the Subject Property,to wit, in connection with the Project and 9 for public transit improvements, is and was authorized by law and is and was a public use;the public 10 interest, safety, and necessity require the Project; the Project is and was planned and located in the 11 manner that will be most compatible with the greatest public good and the least private injury; and the s 12 Subject Property is necessary for the Project. t. 13 4. Just compensation has been paid to Defendant, and such sum was accepted by the 14 Defendant, as full payment of just compensation for all claims of any nature, including without limitation 15 all claims for severance damages,relocation assistance,business goodwill,real and personal property, 16 fixtures, equipment,damages, compensation, fees, costs, and litigation expenses,other expenses,interest, 17 and any and all other claims which have been or could have been raised in the lawsuit. 18 5. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 19 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State ! f J 20 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 21 shall be cancelled. 22 23 Dated: JUDGE THE SUPERIOR COURT 24 a AN S. �0cCAFiVW 25 26 27 28 3 FINAL ORDER OF CONDEMNATION 7 - r t c r. . i 4 - !I r i i J. t i EXHIBIT A { M f f i i r j i i i' i. 4 LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"I" r The land referred to herein is situated in the State of California, County of San Bernardino, City of San Bernardino, and described as follows: y PARCEL A. iI 1 PARCEL 1 OF PARCEL MAP 9801,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 120, PAGES 50 AND 51 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER 1 OF SAID COUNTY,AND AS AMENDED BY THAT CERTAIN CERTIFICATE OF CORRECTION RECORDED DECEMBER 9, 1987 AS INSTRUMENT/FILE NO. 87-432730, OF OFFICIAL RECORDS. i TOGETHER WITH THAT PORTION OF SUNWEST COURT VACATED BY THAT CERTAIN RESOLUTION RECORDED JULY 25, 1989 AS INSTRUMENT/FILE NO:89- 268823,OF OFFICIAL RECORDS,DESCRIBED AS FOLLOWS: f BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL i OF SAID PARCEL MAP 9801,SAID CORNER BEING ON A NON-TANGENT CURVE,CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 70.00 FEET,A RADIAL LINE OF SAID 6 CURVE,THROUGH SAID POINT,BEARS NORTH 16°20'46"EAST;THENCE CONTINUING SOUTHEASTERLY ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 42'22'04",AN ARC DISTANCE OF 51.76 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 410 14'21"AN ARC DISTANCE OF 50.38 FEET;THENCE SOUTH 090 57'07" WEST 42.12 FEET TO THE BEGINNING OF A TANGENT CURVE,CONCAVE EASTERLY AND HAVING A RADIUS OF 88.00 FEET;THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10° 14' 11"AN ARC DISTANCE OF 15.72 FEET; THENCE NORTH 000 17' 04"WEST 105.58 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B: RECIPROCAL NON-EXCLUSIVE EASEMENT OF USE AND BENEFIT INCLUDING ACCESS,INGRESS,AND EGRESS,PARKING,RECIPROCAL DRAINAGE AND WATERLINE EASEMENT,AS SET OUT IN THE"OWNERS CERTIFICATE"OF PARCEL MAP 9801,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 120,PAGE 50 AND 51 OF I PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. I I - 4 F! F i C6-i 4)-37240 j i f - i i i I j " E EE • , i i ty� i i i t i I • E f LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT P-A gm a3mmk as I 0 E.G:aC1 road,Sui'e 200,Grn-ro,CA 957e1 i el�rix;ne:90°-213-;:E 1.Fcx a J- 1 3f 5• vr.!c.pat=ons.com EXHIBIT A 4 RIGHT OF WAY AP 0141-372-40 THAT PORTION OF PARCEL 1,PARCEL MAP NO.9801, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 120,PAGES 50 AND 51 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL.1,ALSO BEING A.POINT ON THE NORTH RIGHT OF WAY LINE OF HOSPITALITY LANE(HALF WIDTH 43.00 FEET);THENCE ALONG THE EAST LINE j OF SAID PARCEL NORTH 07°2841"EAST,A DISTANCE OF 20.05 FEET;THENCE NORTH 81°43'20"WEST,A DISTANCE OF 17.90 FEET;THENCE SOUTH 60°:50'38"WEST,A.DISTANCE,OF 1133 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES NORTH 49°33'13" I WEST,A RADIAL DISTANCE OF 13'.00 FEET;THENCE W-STERLY'ALONG THE ARC,THROUGH A CENTRAL ! ANGLE OF 54'14'40".A DISTANCE OF 12.31 FEET;THENCE SOUTH 04°41'42"WEST,A DISTANCE OF 0.50 l FEET;THENCE NORTH 85"1818"WEST,A DISTANCE OF 97.84 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES SOUTH 05°20'15"WEST,A RADIAL DISTANCE OF 1,043.00 FEET;THENCE EASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 05°25'24",A DISTANCE OF 98.72 FEET TO A POINT OF REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 957.00 FEET AND A-CENTRAL ANGLE OF 02°10'26";THENCE EASTERLY ALONG THE ARC,A DISTANCE OF 36.31 FEET TO THE POINT OF BEGINNING. CONTAINING 792 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART.HEREOF: DATED THIS 30TH OF AUGUST,2010 ..-Q fvv: NC7 ran 2506 w C ROBERT EDWARD STEAFFENS, PE 25068 APN 0141-37240 ROW Page 1 �CD'1 ;o lyaeVS-MON-Ob-Z Lt-Ibw<fV OIOZlOC/O 096bbOOtl:Ra De+fold _o O a0 N O V O ell O }s� \ 1 O ^54 4 N CO N n o o O U 0 0 0 0 d M M ti 00 Q e o m O •- (n --_ +qry Et i a � p co 0 tT S O L = d co ¢ w v 4 t ° Ln 1+ t l o o >.r . d oo �I o d .o o :_. ul a Z W 2 :r. ^ f') F N m l Ilk 0 — a �. o W 1 } o l to o:- UJ # p- . n. �o Z i 2' W .t•,e.,'.O e...e� '. m Q c° tD O di co Z O N M N iD m � I f� sano3 lS3M ins o M i (f ' 4 t i 4 f ' E c r l C. i 1. i I i f. i • I• 1 l f P I • f, I LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT i PARSONS E-Gtt sSi Road.Suitt 23U.Cnta:iu,CA s:761 ;z;epho:.:X50=�1 - 61J °': 60 wv vv.n.=.-on i .F;;x L18•:• s.ccr t EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT I 1 AP 0141-372-40 i , THAT PORTION OF PARCEL 1,PARCEL MAP NO.9801, IN THE CITY OF SAN BERNARDINO,COUNTY OF I SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 120,PAGES 50 AND 51 OF ` PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: i s COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 1,ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF HOSPITALITY LANE(HALF WIDTH 43.00 FEET);THENCE ALONG THE EAST LINE OF SAID PARCEL NORTH 07°2841"EAST,A DISTANCE OF 20.05 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUE NORTHERLY ALONG SAID EAST LINE,A DISlAIJCE.OF 2.65 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 115.00 FEET AND A CENTRAL ANGLE OF 04°25'45"; THENCE NORTHERLY ALONG THE AREA DISTANCE OF 8.89 FEET;THENCE NORTH.81°37'1:6"WEST,A i DISTANCE OF 18.35 FEET;THENCE SOUTH 62°22'03"WEST;A DISTANCE OF 17,31 FEET:THENCE SOUTH . 11°39'10"WEST,A DISTANCE OF 4.23 FEET-,.THENCE NORTH 8G'15'48"WEST,A DISTANCE OF 8.15 FEET; ; THENCE NORTH 86°47'28"WEST,A DISTANCE OF 40.07 FEET;THENCE SOUTH 49°41'42"WEST;A !' DISTANCE OF 7.07 FEET;THENCE NORTH 85°18'18"W EST,A DISTANCE OF 50.37 FEET TO A.POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 1;059.55 FEET AND A CENTRAL ANGLE OF 04°09'23";THENCE WESTERLY ALONG.THE ARC A DISTANCE OF 76.86 FEET TO THE WEST LINE OF SAID PARCEL;THENCE ! ALONG SAID WEST LINE SOUTH 44°40'22"EAST,A DISTANCE OF 6.04 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES SOUTH 01""20'41"WEST,A RADIAL DISTANCE OF 1,043.00 FEET;THENCE EASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 03°59'34",.A DISTANCE.OF 72.69 FEET;THENCE SOUTH 85"18'18"EAST,A DISTANCE OF 97.84 FEET; THENCE NORTH 04°4142"EAST,A DISTANCE OF 0.50 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIES NORTH 04°41'28"EAST;A.RADIAL DISTANCE OF 13.00 FEET;THENCE EASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 54°14'40',A DISTANCE OF 12:31. FEET THEN NORTH ORTH 60'50'38"EAST,A DISTANCE OF 11.33 FEET; THENCE SOUTH 81°43'20"EAST,A DISTANCE OF 17.90 FEET TO THE TRUE POINT"OF BEGINNING. CONTAINING 1,520 SQUARE FEET,MORE OR LESS s ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. } f 1' DATED THIS 3DTH OF AUGUST,2010 i i OFES57 ARD ST C-9 +� .Q' T NO. z c 0 2506 a �p �r Ly ti� ; ROBERT EDWARD STEAF ,PE.25068 APN.0141-372-40?CE Page 1 upp'i ;olaaa45-3�1-0>-Z[f-�blNdv 010210.^/0 096 sb00 tl:.Cp poyloid 0 o — I O V O l0 M; M N O O M O m Lo M 00l ¢ o p q LLJ m ~ P m o ~ ~ 3 X "¢ N F- O c 0 l0 Op I W Z C _ m Cl- (V S H r Y1 � Yn o ° « LU a"Q •f O � N � IF- 00 P LC) s.. ,.. F �. Cad m r ar L L.C) _ 0 a �, m "` W a O y- 1 N�d c� �. d LU CQP L Q w d w sn LO _ raLl to C�a Q O o.t J m tp 'N N s P'.P M �P CL 7 cC IA m f7Y Iq (. ui cO I N T' Q vQ O v i C)� �--- N o � N lun.00 LS3MNns CD. � z \ w ' ,fib ,fib - f i i i i C- i I i i t EXHIBIT B ' i. . i Y ' S 9 • d 3 a } • b m N m lli a Q H Q N N L Q c of O co y Lij n o o O Lr) ZD� d M C-) °o O o° o p CO Q r O p rn tn s z°V N K O 0 O Ul co O U V W -i 0o p W a �gQ) (a CC p U Llj m m i. CM J � l\V �- (� N L� • > a d ago co I uj O f lJ� Z U M r rag,rol, Q C_ a g:—CD 3 i in Q x d 3 � 3 NC! - z ¢ N O I N W 3 3 3 3' 3 w 3 V 4 o Q O O ct: W Z m 2 2 N Z to Jr i I Q m Z �OOO�o aOm u Y 1 i y 1 O i M .ianoo 1S3MNnS 0 i i j {r E fe IEE f s (f i I i 1 's t 1 s i l 3 THE DOC � 4,�• l^.�9�Cli THIS CEM Ir. pTT_.QCHE�) T;' ��•tD •�`nT,�iCAT110;� 1 P� PIE , .v,. C ,y�.,T CO' Y•1S ?.. �iliiui�u=�U4 i)LE 451' � i f J� ,::J C icCi)hD I )�Orel^ .. �, w ..�...,...w,�. G 4 />� C 2:If a C•..;;r'[ %: i l^ Si z.��b y. � o:: tr- hr ;1rJ fiir ,G 11 Cou.n,y f �• Na" Sail?� of f&A N 6�'' a TERRI a{Y ON ON I. I j Nov 10 2011 I i i RECORDING REQUESTED BY: SANBAG 1170 West 3rd Street,2"d Floor San Bernardino,CA 92410-1715 WHEN RECORDED MAIL TO: CITY OF SAN BERNARDINO 300 N.D STREET,3RD FLR SAN BERNARDINO,CA 92418 EXEMPT FROM REC.FEES PER GOVT.CODE§27383 APN(s): See Exhibit"P' QUITCLAIM DEED EXEMPT FROM DOC.TRANSFER TAX PER sbX Parcel#C7-CI5 REV.&TAX CODE§11922 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SAN BERNARDINO ASSOCIATED GOVERNMENTS, a public agency existing under the laws of the State of California ("SANBAG"), acting as the San Bernardino County Transportation Commission, a public agency existing under the laws of the State of California ("Grantor"), does hereby REMISE, RELEASE and forever QUITCLAIM to the CITY OF SAN BERNARDINO, a California Municipal Corporation ("Grantee"), all of the right, title, and interest in the permanent easement(s) located in the City of San Bernardino, County of San Bernardino, State of California, as identified in those certain recorded instrument(s) listed in Exhibit "1", and further described as a permanent easement in a copy of said instrument(s) as Exhibit(s) "2", "3", 6(499, 66599, 66619, "799, 6689 , 669" and "10", respectively, attached hereto and incorporated herein by this reference. Prior to the execution and recording of this Quitclaim Deed, the permanent easements were in favor of Grantor pursuant to those certain instrument(s) dated and recorded in the Official Records of San Bernardino County, California as indicated on Exhibit "I". Notwithstanding anything contained in this instrument to the contrary, to the extent that the (any) instrument identified in Exhibit(s) "2" through "10" include(s) a temporary easement (such as and including without limitation, for example, a temporary construction easement), this instrument does not include the same and, therefore, there shall be no transfer, assignment, set over, conveyance, grant or quitclaim of such temporary easement(s) or any interest therein by, under or pursuant to this Quitclaim Deed. Any facilities located within the property (properties) described as a permanent easement in the recorded instrument(s) attached hereto as Exhibit(s) "2" through "10", are being left in place in an "as is, where is, with all faults" condition. Grantee acknowledges and agrees that Grantor is conveying all right, title and interest in and to the herein-described real property on an "as is, where is, with all faults" basis. And Grantee further acknowledges and agrees that Grantor does not warranty the condition of the facilities and does not guarantee their fitness for any purpose. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below. Dated: GRANTOR: SAN BERNARDINO ASSOCIATED GOVERNMENTS acting as the San Bernardino County Transportation Commission NOTARY ACKNOWLEDGEMENT: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF } S.S. On before me, Notary Public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature SEAL: ACCEPTANCE This is to certify that the interest in the real property conveyed by the within instrument to the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council, and grantee consents to the recordation thereof by its duly authorized officer. CITY OF SAN BERNARDINO By: City Clerk Date: EXHIBIT 661" PARCEL/DOCUMENT LISTING Recorded sbX Exhibit Parcel APN Property Address Document Description # # Number Comment 2 C7 0141-372-32 225 W Hospitality Ln. 2011-0452143 Final Order San Bernardino CA 92408 3 C8 0141-372-45 228 W Hospitality Ln. 2012-0301548 Final Order San Bernardino CA 92408 4 C9 0141-402-20 165 E. Hospitality Ln. 2011-0538883 Final Order San Bernardino CA 92408 5 C10 0141-363-15 222 W Hospitality Ln. 2013-0086087 Easement Deed San Bernardino, CA 92408 6 C11 0141-402-21 155 E. Hospitality Ln, 2011-0463542 Final Order San Bernardino, CA 92408 7 C12 0141-412-39 164 W. Hospitality Ln. 2011-0456840 Easement Deed San Bernardino, CA 92408 8 C13 0141-402-35 111 E. Hospitality Ln. 2011-0377361 Final Order San Bernardino, CA 92408 9 C14 0141-412-40 164 W. Hospitality Ln. 2011-0456839 Easement Deed San Bernardino, CA 92408 10 C15 0141-402-40 195 E Hospitality Ln. 2011-0397441 Final Order San Bernardino CA 92408 EXHIBIT "2" PARCEL NO. C-7 (FINAL ORDER) [SEE ATTACHED] Rma?ir1 P, ",ended in Official Records,County of San Bernardino 10/31/2011 PLEASE COMPLETE THIS INFORMATION. = DENNIS DRkF_�ER 1:23 PM BN AIR f;;:- ASSESSOR — RECORDER — CLERK RECORDING REQUESTED BY: ^' San Bemardino Associated Govemments,a Joint .n' P Counter Powers Authority,acting as the San Bernardino County Transportation Commission Doc#: 2011 —0452143 Titles: 1 Pages: 15 AND WHEN RECORDED MAIL TO: Fees 0.00 Rick E.Ray] Taxes 0.00 Nossaman LLP other 0.00 18101 Von Karman Avenue,Suite 1800 PAID $0.00 Irvine,CA 92612 _ [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on-this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 American LegalNel,Inc. Rec.Forrn#R25 ..USCourtForms.com 1 NOSSAMAN LLP RICK E. RAYL (SBN 174257) 2 rrayl @nossaman.com 3 BRADFORD B. KUHN (SBN 245866) J bkuhn @nossaman.com F {- 4 Special Counsel CpuN`'RpFSANBEcANARDINO 18101 Von Karman Avenue, Suite 1800 SAN BERNARDINO INSTRICT 5 Irvine, CA 92612 Telephone: (949) 833-7800 OCT 1 4 2011 6 Facsimile: (949) 833-7878 i 7 By PAY Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1103171 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DONNA GARZA, DEPT. S38 17 Plaintiff, [°PiDj FINAL ORDER OF 18 vs. CONDEMNATION 19 HOSPITALITY EXECUTIVE CENTER, LLC, a California limited liability company, et al., [Parcel No. C-7] 20 Defendants. 21 Action Filed: March 9,2011 22 23 [EXEMPT FROM FILING FEES - GOV. 24 CODE, § 61031 25 26 27 28 313498_1.DOC FINAL ORDER OF CONDEMNATION 1 Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission ("SANBAG"), having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to an Interlocutory Judgment in Condemnation, and SANBAG and 4 defendants having waived a Statement of Decision, Final Judgment having been entered, and payment 5 having been made in full, no other party or person having or claiming to have an interest in the property 6 being acquired or the compensation to be paid for the property, and good cause appearing: 7 NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit "A,"described as Assessor's Parcel 9 Number 14137232, located at 225 W. Hospitality Lane, San Bernardino, California, and more 10 particularly described as SANBAG Parcel Number C-7, consisting of a permanent easement of 11 approximately 2,224 square feet, along with a six month temporary construction easement of 12 approximately 2,069 square feet, as described in SANBAG's complaint on file in this matter("Subject 13 Property"), is hereby condemned to SANBAG for the purposes of constructing, maintaining and 14 operating the sbX E-Street Corridor Bus Rapid Transit Project("Project"), for the purpose of all 15 necessary and convenient activities associated with the construction of the Project and for public 16 purposes. The temporary construction easement shall commence seven(7) days from the date upon 17 which SANBAG or its authorized representative provides the applicable defendant with written notice 18 of its intent to commence construction utilizing the temporary construction easement and shall terminate 19 on the earliest of(a)the date upon which SANBAG notifies the applicable defendant that it no longer 20 needs the temporary construction easement, (b) six (6)months from the commencement date of the 21 temporary construction easement, or(c) December 31, 2013. 22 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 23 public purposes under Article I, Section 19,of the California Constitution, California Public Utilities Code 24 section 130220.5,and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 25 for which SANBAG seeks to condemn the Subject Property,to wit, in connection with the Project and 26 for public transit improvements, is and was authorized by law and is and was a public use; the public 27 interest, safety, and necessity require the Project;the Project is and was planned and located in the 28 FINAL ORDER OF CONDEMNATION 1 manner that will be most compatible with the greatest public good and the least private injury;and the 2 Subject Property is necessary for the Project. 3 3. Just compensation has been paid to Hospitality Executive Center, LLC, a California 4 limited liability company ("Defendant"), and such sum was accepted by the Defendant, as full payment 5 of just compensation for all claims of any nature,including without limitation all claims for severance 6 damages, relocation assistance,business goodwill,real and personal property, fixtures,equipment, 7 damages, compensation,fees,costs, and litigation expenses,other expenses,interest,and any and all other 8 claims which have been or could have been raised in the lawsuit. 9 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 10 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 11 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 12 shall be cancelled. 13 14 Dated: 15 JUD OF TH SUPERIOR COURT DON A GUNNEL OAS 16 17 18 19 20 21 22 23 24 25 26 27 28 FINAL ORDER OF CONDEMNATION LEGAL DESCRdPTION FOR LARGER PARCEL ATTACHMENT"1" The land referred to herein is situated in the State of California, County of San Bernardino, City of San Bernardino,and described as follows: PARCEL A: PARCEL 1 OF PARCEL MAP 9217 IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 97 PAGE(S) 10 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS, ACCESS NON- BUILDABLE.AREA, DRAINAGE PURPOSES AND FIRE DOOR ACCESS ACROSS PARCEL 2 OF PARCEL MAP NO.9217 LOCATED IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMN ENCING AT THE MOST SOUTHEAST CORNER OF SAID PARCEL 2,SAID POINT BEING ON THE NORTH LINE OF"E" STREET; THENCE NORTH 00 17' 04" WEST, 80.37 FEET ALONG.THE EAST LINE OF SAID PARCEL 2,TO THE TRUE POINT OF BEGINNING;THENCE NORTH 45° 17' 04" WEST, 30.24 FEET;THENCE SOUTH 89°42' 56"WEST, 92.86 FEET; THENCE NORTH 00 17' 04" WEST,20.00 FEET,TO A POINT ON THE EAST LINE OF SAID PARCEL 2;THENCE NORTH 890 42' 56"EAST, 1,01.14 FEET; THENCE SOUTH 450 17' 04"EAST, 18.52 FEET;THENCE SOUTH 0° 17' 04"EAST,28.28 FEET TO THE POINT OF BEGINNING. C7-0141.372=32 LEGAL DESCRIPTION-AND PLAT MAP-FOR PERMANENT EASEN.[EENT- J-0 SONS 3200 E.Gtf sh Pned,Suite 200.Ontario,CA 91761 •i dcphone:9°09-218-3600•Fax QU9-218-36-95+ vavw.parscns-eom f EXHIBIT A s' RIGHT OF WAY AP 0.141-372-32 THAT PORTION OF PARCEL 1 OF PARCEL MAP 9.217,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN f BERNARDINO,STATE OF CALIFORNIA,AS PER PLATRECORDED IN BOOK 97,PAGE 10 OF PARCEL MAPS, i IN THE OFFIGE.OF THE COUNTY'RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: .I BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1,ALSO BEING A POINT ON THE SOUTHERLY j RIGHT OF WAY LINE QF HOSPITALITY LANE;BEING A NONTANG•ENT CURVE GO,NCEIV.E IVOjZTI II. . y HAVING A RAD1.US•OF 1043;00 FEET;A RADW BEARING TO•SA1D POINT BEARS SO4JTH 08'11'42'WEST, 1 THENCE EASTERLY ALONG THE ARC,THROIJGH A CENTRAL ANGLE OF 08"42'3;1.'',A DISTANCE OF 158,53 ' FEET;THENCE NORTH.8.9'2.04.1"EAST,A Off-TANCE.OF 1$4.71 FEET;7H.ENCE.1SOUTH 45"2:T30"EAST,A DISTANCE OF 21.:R FEET TO THE EAST LIME OF SAID PARCEL;T4 ALONG SAID EAST LINE SOUTH I 00'24'1'EAST,A D.ISTANCE'bF 6..75 F.EET'FU THE POINT.OF CURVE QFA NON TAN�EWT CURVE TO THE LEFT,OF WHICH THE RAQIUS P'01NTLIES SOUTH 72°30'41"WEST,A RADIAL QISTANCE;OF 18.00 FEET; THENCE NORTHiNESTERLYALONG THE ARC,THROUGH A CENTRAL ANGLE OF 7 '01'.30",A DISTANCE OF 22,94 FEET;THENCE NORTH 00°30'49"L1lES7,:A DISTANCE OF 0:50 FEET;THENCE 6QUTH 89°23'11".VEST, A DISTANCE OF 46.88�f ET;THENCE SOWTN 00°30`49" EAST,A DISTANCE OF 1.3.1.FEET;THENCE SOUTH 89429'11'WEST,.A C3ISFAN.CE OF.16:75 FEET;THENCE NORTH Op°30'49"WEST,_A DISTANCE OF 1:31 FEET; THENCE SOUTE189°29'11"WEST,A'DISTANOE°.OF 71..66 FEET TO A POINT OF GlJRV.E TO CHE RIGHT HAVjNO A RAI7IU,S lOF 51'8:3 FEET ACID A.CENTRaL AN.Q OF 06°54'46";THENCE WESTERLY ALONG THE ARC A D7STANGE OF 62.56! EEl' THENCE NGi._H 83"52'63"WEST,A DISTANCE.OF 9.0.96 FEET;THENCE SOUTH'40°47°40''WEST;A bibTANOE'OF 3.85 ftEET,;THENCE.NQRT-F{8.3'52'53!,WEST.A QISTANEE'OF 21:08 FEET TO THE VYf T•LINE:OF SAID PARCEL Tf•IE;NCE ALONG SAID WEST LINE N0RTkI 0.8°-'53'48"EAST,A 01ST 16E OF 6;81 FEET TO THE POINT OF BEGINNING. CONTAINING:2;224 SQUARE FEET,MORE OR•LESS. ALL AS MORE PARTICULARLY SNQWN-ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF, DATED THIS 25TH-OF AUGUST,2010 :4 All R.D :S . N0, rf 0 2500.8 z•. i ROBERT EDWARD STEAFFENS;PE 2506.8 ,4PN 141-372.32 ROW page i UDp•µ0 a4S-MO8-ZC-ZLf-Ib Mdb OIOZ/OC/9 096bb00di q pa4401d 0 0 V N -71 O 4 r M � I � I - v J ~ O •. a O iI N Q C-4 LLJ o cn 1 C w Lu ° ¢ 3 rn' o� u. z r p •¢ LO T IH �\ o z W a a 3= `?W, a cy .cam Cy I.Lj. N ' ,n V.I.r� cr "o M ki K•M.; m O n N Z F cn o m In Q. .H. _w til:W _w' -e7.-Q C- 7•i M N o ,..p O> CV r CV'M. N CV .tV M` N V�•U7'to Q OL Z m :i u7, o m m P O y7 0[1 O Rl O. W W 7'm'.O. W o ' r7 .�cv r-.m m acT .z LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT 3=E.Guas*i Read.Sub 200-. CA 417Ci1 1'elewow:909-213-3600.Fax 905278-385 vmv.parsons.win EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141-'372-32 I THAT PORTION OF PARCEL 1 OF PARCEL MAP 9217,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN I BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECQRDED IN BOOK.97,PAGE 10 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE:NORTHWEST-CORNER OF-SAID PARCEL 1,;ALSO BEING A POINT ON THE SOUTHEkLY RIGHT OF WAY LINE OF HO5PI.TALITY LANE;THENCE ALQN�3 THE WEST LINE OF SAID PARCEL SOUTH 68651481;WEST 6.81 FEET TO THE TRUE R0O1 FT.QF.BEGINNING;THENCE SOUTH 83°52153" t� EAST 27:08 FEET;THENCE NORTH 40"47'40°-EAST 3.85.FEET;THENCE SOUTH 83`52'53"EXS-T 90.90 FEET t TO'THE POINT OF CURVE O.F A NON TANGENT CURVE TITHE LEFT, OF WHICH THE RADIUS POINT LIES NORTH 0,6°2-3'5'7"EAST,A Rt\DIAL bISTANGE OF 518.53 FEET;THENCE EASTERLY ALONG THE ARC, i THROUGH A CENTRALA�IGIE OF 1?r°'5:4'46",A DISTANCE OF 62.56 FEET:THENCE NORTH 69°29111"EAST, A DISTANCE OF 71:8.6 FEE"i THENCE:S;OUTH 00°30'49"EAST 1.3:1 FEET;THENCE NORTH$9°29'11"EAST,A DISTANCE OF 16:75 FEEL;THENCE NORTH 00°30.'49"WEST,A DISTANCE OF 1.81 FEET;THENCE NORTH 89°2 '11" S".A Rf$T'AW3 QF 46,8&FEET;THENCE SOUTH 0.0°30'49"EAST,A DtSfA.NCtr QF 0.50 FEET TQ THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES SOUTH 00°3049",EAST,A.RADIAL DISTANCE OF 18:00 FEET;THENCE SOUTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF T3°01'30",A DISTANCE OF 22:94 FEET TO THE EAST LINE OF SAID PARCEL;THENCE ALONG SAID EAST LINE SOUTH 0024'12''EAST.,A DISTANGE.OF 10;59 FEET;THENCE SO.UTH:89°35'48•"WEST,A QISTANCE OF 4:61 FEET;THENCE NORTH S1°13'2T'WEST,A DISTQ.NCE•OF 1.3.69 FEET;THENCE NORTH 42•".34?5.0"°-EA6*T,A DISTANCE Olt 1.50 FEET;THENCE NORTH 51'°1.3'x6"WEST, A DISTANCE OF 11814 FEET;THENCE SOUTH 89••28'59•"-.E$T,A DI TAi1EE OF 69.51 FEET;THENCE NO.RTH:44°:30'17"WEST A UISTAN.CE OF 2.18•FEET;THENCE SOUTH 89`29'Ti"WEST,A DI.STANCE OF 58,1.2 FEET TO A POINT OF CURVE T..QTHE RIGHT HAVIN6A:RADIt1S OF 523:53 FEET AND.XCENTRAL ANGLE OF'0.6°.54'46":;THEN:GE W S7'ERL.Y ALONG T'HE RR- A DIS7P NCE OF 63.17'FEET;THEN.GE NORTH 83-'52'53"W..EST,A•DISTANCE OF 88.25 FEET;TH.EN.CE'SOUTH 40.°4.7'4Q"WEST 9.94 FEET;THENCE NORTH 83'52'53"WEST 20.73;FEET TO THEW EST LINE OF.SAIP-PAF�CEI;THENCE ALONG SAID-WEST LINE NORTH.08°53'48"EAST 10;011-FEET tO:THE TRUE.POIWT GF BEGINNING- CONTRINING'2,069 SQUME'EEET,MORE OR,LESS, ALL AS MORE PARTICULARLY SHAWN ON EX IBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 4TH OF JUNE,2010 ( oW.AR'D S a 2•. B s ROBERT EDWARD'STEA "S,ryf?E-25068 APN 242-372-32TGE. �Op•µe�y5-301-ZPZLS-Ib1NdY 0102/OS/B 0966b00d�Fa pe;lold w o V .N i O o O 3NVI 5.l.NnH o M � 4 M o a rr ° a F_ ui w - i Q u! Q \ Q N N y a o z H ca ui N LLJ r m • � .o., z x } LLj a 0 0 � w 0 0 ag Cd ,fib w ,;fib 0 w -2. V 4 . z H O u:� M yv 1- . LJO N M 'N.N rQ. t[)' In no rZti .m O M W aD 5 w Q m 7 r'T m :O 1D 1A cC m OI U lf1.ID t0 ui .z o U 4 N M m 1-- ' r' Q :O O M Q eva pN O C.7 wM tai:W'w wO3 r w n_Qui 1.-wN c3o ---A-N.w O '0 m et`�i.6 0 m m 10 P''"' 'a Z-`7 �•.+.Q'.N In Q' N.M.,N-Mr U a0 O'm O,m C7 O.mtA P .--'N N N Z.y 2 .- - .7 Z y,tq.'.w Z Z �j � Q'. UJ m 0 z t+•r to m r, m m o.v - z I PROOF OF SERVICE 2 The undersigned declares: 3 I am employed in the County of Orange, State of California. I am over the age of 18 and am not a party to the within action; my business address is c/o Nossaman LLP, 18101 Von 4 Karman Avenue, Suite 1800, Irvine, CA 92612. 5 On October 4, 2011, 1 served the foregoing [PROPOSED] FINAL ORDER OF 6 CONDEMNATION on parties to the within action as follows: ® (By U.S. Mail) On the same date, at my said place of business, a true copy thereof 7 enclosed in a sealed envelope, addressed as shown on the attached service list was placed for collection and mailing following the usual business practice of my said employer. I 8 am readily familiar with my said employer's business practice for collection and 9 processing of correspondence for mailing with the United States Postal Service, and, pursuant to that practice, the correspondence would be deposited with the United States 10 Postal Service, with postage thereon fully prepaid, on the same date at Irvine, California. 11 ❑ (By Facsimile) I served a true and correct copy by facsimile pursuant to C.C.P. 1013(e), to the number(s) listed on the attached sheet. Said transmission was reported complete 12 and without error. A transmission report was properly issued by the transmitting facsimile machine, which report states the time and date of sending and the telephone 13 number of the sending facsimile machine. A copy of that transmission report is attached hereto. 14 ❑ (By Overnight Service) I served a true and correct copy by overnight delivery service for 15 delivery on the next business day. Each copy was enclosed in an envelope or package 16 designated by the express service carrier; deposited in a facility regularly maintained by the express service carrier or delivered to a courier or driver authorized to receive 17 documents on its behalf, with delivery fees paid or provided for; addressed as shown on the accompanying service list. 18 ❑ (By Electronic Service) By emailing true and correct copies to the persons at the 19 electronic notification address(es) shown on the accompanying service list. The document(s)was/were served electronically and the transmission was reported as 20 complete and without error. 21 Executed on October 4, 2011. 22 ® (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 23 e---� 25 Amy R. TAyo—�26 27 28 PROOF OF SERVICE 1 SERVICE LIST (C7) 2 Law Office of Thomas Hays Attorney for Defendant Hospitality Executive 3 17321 Irvine Blvd., 4202 Center LLC Tustin CA 92701 4 Tel: 949-645-4841 5 Fax: 949-666-6100 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 z PROOF OF SERVICE EXHIBIT "Y PARCEL NO. C-8 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,County of San Bernardino 712712012 �aUN DENNIS DRAEGER gala PM PLEASE COMPLETE THIS INFORMATION. N tuna ASSESSOR — RECORDER — CLERK RE BY: P Counter RDI San Bernardino Associated Governments,a Joint Powers Authority,acting as the San Bernardino Doc#: 2012—0301548 Titles: 1 Pages: 15 County Transportation Commission F=ees 0.00 AND WHEN RECORDED MAIL TO: Taxes 0.00 Rick E.Rayl Other 0.00 Nossaman LLP PAID $0.e0 18101 Von Karman Avenue,Suite 1800 Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 American LegalNet,In Rec.Form#R25 w .USCoufforms.com -- - -1-- .,NOSS:AMAN LLP RICK E: RAYL (SBN 174257) 2 rrayl @nossaman.com BRADFORD B. KU14N (SBN 245866) ' bkuhn @nossaman.com 4 Special Counsel 18101 Von Karman Avenue, Suite 1800 `' `t { "! 5 Irvine, CA 92612 Telephone: (949) 833-7800 6 Facsimile: (949) 833-7878 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1103420 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DONALD ALVAREZ, DEPT. S32 ,, 17 Plaintiff, [ Wk,+ FINAL ORDER OF 18 vs. CONDEMNATION 19 MG HOSPITALITY ASSOCIATES, a California [Parcel No. C-8] limited partnership; et al., 20 Defendants. 21 Trial: March 12,2012 22 Complaint Filed: March 15,2011 23 24 [EXEMPT FROM FILING FEES - GOV. CODE, § 61031 25 26 ' 27 28 324133 Ldoc FINAL ORDER OF CONDEMNATION 1 Plaintiff San Bernardino Associated Governments, a Joint Powers Authority, acting as the San 2 Bernardino County Transportation Commission ("SANBAG")having applied for entry of a Final Order 3 of Condemnation,having previously stipulated to a Final Judgment in Condemnation, and SANBAG 4 and defendants having waived a Statement of Decision,judgment having been entered, and payment 5 having been made in full, no other party or person having or claiming to have an interest in the property 6 being acquired or the compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE, IT IS HEREBY ORDERED,ADJUDGED AND DECREED AS 8 FOLLOWS: 9 1. The property described in the attached Exhibit"A" designated as Assessor's Parcel 10 Number 14137245, located at 228 W. Hospitality Lane, San Bernardino, California,and more 11 particularly described as SANBAG Parcel Number C-8, consisting of a permanent easement of 12 approximately 4,323 square feet, along with a temporary construction easement of approximately 2,130 13 square feet, as described in SANBAG's complaint on file in this matter("Subject Property")is hereby 14 'condemned to SANBAG for the purposes of constructing, maintaining and operating the sbX E-Street 15 Corridor Bus Rapid Transit Project ("Project"), for the purpose of all necessary and convenient activities 16 associated with the construction of the Project and for public purposes. The temporary construction 17 easement shall commence seven days from the date upon which SANBAG or its authorized 18 representative provides the applicable defendant with written notice of its intent to commence 19 construction utilizing the temporary construction easement and shall terminate on the earlier of(a)the 20 date upon which SANBAG notifies the applicable defendant that it no longer needs the temporary 21 construction easement, (b) six months from the commencement date or the temporary construction 22 easement, or(c) December 31, 2013. 23 2. SANBAG and defendant David L. Slough agree to the following additional provision: 24 the public shall have vehicular and pedestrian access to the Subject Property during construction 25 activities and/or during the period of the temporary construction easement. 26 3. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 27 public purposes under Article I, Section 19, of the California Constitution, California Public Utilities Code 28 section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 324133_l.doc t FINAL ORDER OF CONDEMNATION I for which SANBAG seeks to condemn the Subject Property, to wit, in connection with the Project and 2 for public transit improvements, is and was authorized by law and is and was a public use; the public 3 interest, safety, and necessity require the Project; the Project is and was planned and located in the 4 manner that will be most compatible with the greatest public good and the least private injury; and the 5 Subject Property is necessary for the Project. 6 4. Just compensation has been paid to defendants, and such sum was accepted by 7 defendants, as full payment of just compensation for the acquisition of the Subject Property and the 8 construction of the Project in the manner proposed, including but not limited to, severance damages, 9 business goodwill, loss of or damage to improvements pertaining to the realty, real and personal 10 property, fixtures, equipment, and/or inventory, precondemnation damages, claims for attorneys' fees, 11 litigation expenses, statutory costs, interest,relocation benefits, and any and all other claims which have 12 been or could have been raised in this lawsuit. 13 5. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 14 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 15 of California. All liens, leaseholds, and encumbrances of whatever kind and nature on the Subject 16 Property shall be cancelled. 17 18 19 DATED: p 20 JUDGE O���HE S COURT 21 22 23 24 25 26 27 28 2 FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"1" The land referred to herein is situated in the State of California, County of San Bernardino, City of San Bernardino,and described as follows: PARCEL 1 OF PARCEL MAP NO. 11555, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 136 OF PARCEL MAPS, PAGES 20 AND 21, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. CS-141-372=45-Attachment Ldoc LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT SEDNSa r'•:0.i=�.Sui! "OC.Onl;. ,CA 9 i 7GT TeIF h r ,40. rOP P o �-_ c1B cu'00+�a:. t i EXHIBIT A RIGHT OF WAY AP 0141-372-45 THAT PORTION OF PARCEL 1, PARCEL MAP NO. 11555, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 136,PAGES 20 AND 21 OF } PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST-CORNER OF SAID PARCEL 1,ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF HOSPITALITY LANE,86 FEET WIDE;THENCE ALONG THE WEST LINE OF SAID PARCEL NORTH 07°2941" EAST,A DISTANCE OF 22.70 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 115.00 FEET AND A CENTRAL.ANGLE OF 01'56'09";THENCE NORTHERLY ALONG THE ARC A DISTANCE OF 3.89 FEET;THENCE SOUTH 81°37'16"EAST,A DISTANCE OF 18.15 FEET; THENCE SOUTH 40°28'44" EAST,A DISTANCE OF 12.41 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH THE.RADIUS POINT LIES NORTH 62"06'38"EAST,A RADIAL 1 DISTANCE OF 13.00 FEET;THENCE SOUTHEASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 58°26'36",A DISTANCE OF 13.26 FEET;THENCE SOUTH 03 040'03"WEST,A DISTANCE OF 0.50 FEET; THENCE SOUTH 86'19'57"EAST,A DISTANCE OF 143.12 FEET TO A POINT OF CURVE TO THE LEFT i HAVING A RADIUS OF 232.51 FEET AND A CENTRAL ANGLE OF 04010'52";THENCE EASTERLYALONG THE ARC A DISTANCE OF 1.6.97 FEET;THENCE NORTH 89°29'11"EAST,A DISTANCE OF 41.08 FEET;THENCE NORTH 00°30'49"WEST,A DISTANCE OF 1.31 FEET;THENCE NORTH 89°29'11" EAST,A DISTANCE OF 16.75 FEET;THENCE SOUTH 00°30'49"EAST,A DISTANCE OF 1.31 FEET;THENCE NORTH 89°29'11"EAST;A DISTANCE OF 64.42 FEET;.THENCE NORTH 00°3949"WEST,A DISTANCE OF 0.50.FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIES NORTH 00°30'49" WEST,A RADIAL DISTANCE OF 18.00 FEET;THENCE NORTHEASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 52'55'42",A DISTANCE OF 16.63 FEET;THENCE NORTH 44°02'49"EAST,A DISTANCE OF 15.1.6 FEET;THENCE NORTH 89°35`48"EAST,A DISTANCE OF 13.98 FEET TO THE EAST LINE OF SAID PARCEL,THENCE ALONG SAID EAST LINE SOUTH 00°19'44"EAST,A DISTANCE OF 25.93 FEET TO THE SOUTH LINE OF SAID PARCEL;THENCE ALONG SAID SOUTH LINE SOUTH 89.2911"WEST,A DISTANCE OF 209.71 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 957.00 FEET AND A CENTRAL ANGLE OF 09'G6'01";THENCE WESTERLY ALONG THE ARC A DISTANCE OF 152.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4,323 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 10'OF JUNE,2010.. Civil- CAO ROBERT EDWARD STEAFFEIN PE 25068 APN 0141-372-45 ROW Page 1 • UDO'I }O I1 B6U$-MOL,-Sb-?L`L-Ib INdO\59b Z{S1J0\OL©bb00°\6j°\lU%-DI,JI�JOMMQ\-� Q Oi02/01/9 OL Bsa004:AQ aei void 0 o J O mm N m SlNf1H I2 X la N tD tD M M F— O N N M p l0 N � O Vt O ul p co } U O O m o O rn N N J 2 W W Q _ v d w w z 4 cc Q O o W Q 0� 00 c r Lu Q N Q Oa �` O ul' O O O Co � ✓� Z Z 2 N- O cO J - Q N N N W Q F— w w 0 N M w C.O w O N ° O N Q I 1 / U 4 N O N O v / • In a-- N tD / Q f co N v O O m O m 2 to to 2 2 O !f V) Z _ M v m O�m rn CpV ' : LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT AR EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141-372-45 THAT PORTION OF PARCEL 1, PARCEL MAP NO. 11555, IN THE CITY OF SAN BERNARDINO,COUNTY OF _ SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 1.36, PAGES 20 AND 21 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS i FOLLOWS: i COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 1,ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF HOSPITALITY LANE,86 FEET WIDE;THENCE ALONG THE WEST LINE OF SAID j PARCEL NORTH 07°28'41"EAST,A DISTANCE OF 22.70 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 115.00 FEET AND A CENTRAL ANGLE OF 01'56'09";THENCE NORTHERLY ALONG THE ARC A DISTANCE OF 3.89 FEET TO THE TRUE POINT OF BEGINNING,THENCE CONTINUE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02"29'36",A DISTANCE OF 5.00 FEET; 1 THENCE SOUTH 81'37-16-EAST,A DISTANCE OF 19.83 FEET;THENCE SOUTH 47°15'20"EAST,A. . DISTANCE OF 18.03 FEET;THENCE SOUTH 05°22'33"WEST,A DISTANCE OF 4:07 FEET,.THENCE SOUTH 86°19'57"EAST,A DISTANCE OF 146.69-FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 227.51 FEET AND A CENTRAL ANGLE OF 04°1752";THENCE EASTERLY ALONG.THE ARC A DISTANCE OF 16.60 FEET;THENCE NORTH 89°29'1'1"EAST,A DISTANCE OF 124.09 FEET;THENCE NORTH 01°03'15" EAST,A DISTANCE OF 19.55 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 1.50 FEET AND A CENTRAL ANGLE OF 87'4536";.THENCE NORTHEASTERLY ALONG THE ARC A DISTANCE OF 2.30 FEET;THENCE NORTH 88°48'52"EAST,A DISTANCE OF 21.17 FEET;THENCE SOUTH 00 119'24"EAST,.A DISTANCE OF 2.71 FEET;THENCE NORTH 8929'11"EAST,A DISTANCE OF 13.97 FEET TO THE EAST LINE OF SAID PARCEL;THENCE ALONG SAID EAST LINE SOUTH 00°19'44 EAST,A DISTANCE OF 5.12 FEET; THENCE SOUTH 89°35'48"WEST,A DISTANCE OF 13.98 FEET;THENCE SOUTH 44°02:49"WEST,A DISTANCE OF 15.16 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES:NORTH 53 26'31"WEST,A RADIAL DISTANCE OF 18.00 FEET.;THENCE SOUTHWESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 52°5542",A DISTANCE OF 16.63 FEET;_THENCE SOUTH 00°30'49"EAST,A DISTANCE OF 0.50,FEET;THENCE SOUTH 89°29'1'1"WEST,A DISTANCE OF 64.42 FEET;.THENCE NORTH 00°30'49"WEST,A.DISTANCE OF 1.31 FEET;THENCE SOUTH 89°29'11"WEST,A DISTANCE OF 16.15 FEET;THENCE SOUTH 00°30'49"EAST,A DISTANCE OF 1.31 FEET; THENCE SOUTH 89'2911"WEST,A DISTANCE OF 41.08 FEET TO A POINT OF CURVE TO THE RIGHT- HAVING A RADIUS OF 232.51 FEET AND A CENTRAL ANGLE OF 04°10'52";THENCE WESTERLY ALONG THE ARC A DISTANCE OF 16.97 FEET;THENCE NORTH.86°19'57"WEST,A.DISTANCE OF 14312 FEET;THENCE NORTH 03°40'03"EAST,A DISTANCE OF 0.50 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES NORTH 03°40.:03 "EAST,A RADIAL DISTANCE OF 13.00 FEET;THENCE NORTHWESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 58°26'36",A DISTANCE OF 13.2-6 FEET;THENCE NORTH 40°2844"WEST,A DISTANCE OF 12.41 FEET;THENCE NORTH 81'3716'WEST,A DISTANCE OF 18.15 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2,130 SQUARE FEET,MORE OR LESS.. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 10""OF JUNE,2010 APN 0141-372-45 TCE Page 1 r F�pFESr/q ARD ST z N kp 9� �rv►c. �P CAl1 C� ROBERT EDWARD STEAFFE 'S/E 25068 i f i t I i 1 i APN 0141-372-45 TCE Page 2 U6P'( OIOZ/01/9 OLBbb000:-<Q DO-1401d 0 o O \ o U O IQYO/ :RI VI .SlNnH S 9 s a M,I�,9ZQ�SN ,r\ o E \ _ a F LU Q co 4! N __j J O tp h �D Ql N m y_ Q � n- Ill t0 N tD i0 n'f Nt ,� UA W W w W W w uj Lli _ _ m ca Z o v a rn o n n o w t] a m W Z W O O7 tD M O Lu N 1� j O .co O C, 0 t Q m z i z to to u-. vi z 8__ In O o m N Z cc to N m M in LiJ r' 2 N N ^ a Z x WC W ,fib ,fib c t Q O W F- N In 1 1 Q t- �� / D U - Q N LO O W O 6i 61,m sn N O M O _ � � N'F Z co O w O Ow Q O m 0 •- � � � vmi ZO z Q J ID z < E— W 0. 1¢- W LLI Q W z ai m i° m Z Z � e PT N O •O' I Q 1-Zp Ln 4A LA ma N � 0: C:) \♦ i = N M v tll t` m 0 `" ♦ I O 8'0'd'1 0 Yold N. �. EXHIBIT "4" PARCEL NO. C-9 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,County of San Bernardino 12120/2011 PLEASE COMPLETE THIS INFORMATION. DENNIS DRAEGER 3:38 PM ccs xnr. BN +� ASSESSOR — RECORDER — CLERK RECORDING REQUESTED BY: p Counter San Bernardino Associated Governments,a Joint Powers Authority,acting as the San Bernardino County Transportation Commission Doc#: 2011 —0538883 Titles: 1 Pages: 15 M AND WHEN RECORDED MAIL TO: Fees 0.ee Rick E.Ray] Taxes 0.06 Nossaman LLP other 0.00 18101 Von Karman Avenue,Suite 1800 PAID $0.00 Irvine,CA 92612 E t [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDER'S USE ONLY t FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) i i iyy 1 !!r 1 i i I f I i i i THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) I 9/95 American LegalNet,hC. Rec.Form#R25 www.USCourtPOm�s.com i i I NOSSAMAN LLP RICK E. RAYL(SBN 174257) 2 rrayl @nossaman.com E Q BRADFORD B. KUHN(SBN 245866) !�{a Jc7.7� 'fqP 3 bkuhn @nossaman.com �` ""r �,`''"-; '? '�t Yr ii^ 4 Special Counsel 18101 Von Karman Avenue, Suite 1800 5 Irvine, CA 92612 � a Telephone: (949) 833-7800 6 Facsimile: (949) 833-7878 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1103172 GOVERNMENTS, a Joint Powers Authority, 15 acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DONNA GARZA, DEPT. S38 i 17 Plaintiff, [PROPOSED] FINAL ORDER OF 18 vs. CONDEMNATION ;. 19 L.A.I.S. EQUITIES, LLC, a California limited f liability company, et al., [Parcel No. C-9] 20 Defendants. 21 First Amended Complaint Filed: March 23,2011 22 [EXEMPT FROM FILING FEES- GOV. 23 CODE, §61031 24 25 26 '27 28 315019 1.DOC FINAL ORDER OF CONDEMNATION. I Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission ("SANBAG")having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to a Final Judgment in Condemnation, and SANBAG and defendants 4 having waived a Statement of Decision,judgment having been entered, and payment having been made 5 in full,no other party or person having or claiming to have an interest in the property being acquired or 6 the compensation to be paid for the property, and good cause appearing: ' 7 NOW,THEREFORE, IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit "A,"described as Assessor's Parcel 9 Number 0141-402-20, located at 165 W. Hospitality Lane, San Bernardino, California, and more r 10 particularly described as SANBAG Parcel Number C-9, consisting of a permanent easement of 11 approximately 1,964 square feet, along with a temporary construction easement of approximately 3,808 E i 12 square feet, as described in SANBAG's complaint on file in this matter("Subject Property"),is hereby �. 13 condemned to SANBAG for the purposes of constructing,maintaining and operating the sbX E-Street 14 Corridor Bus Rapid Transit Project("Project"), for the purpose of all necessary and convenient activities 15 associated with the construction of the Project and for public purposes. The temporary construction 16 easement shall commence seven(7) days from the date upon which SANBAG or its authorized 17 representative provides the applicable defendant with written notice of its intent to commence 18 constructionn utilizing the temporary construction easement and shall terminate on the earliest of(a)the 19 date upon which SANBAG notifies the applicable defendant that it no longer needs the temporary 20 construction easement, (b) six (6) months from the commencement date of the temporary construction 21 easement, or(c)December 31, 2013. 22 2. Additionally, SANBAG and L.A.I.S. Equities, LLC, a California limited liability 23 company("Defendant") agreed to the following provisions: (a)Defendant acknowledges that SANBAG, 24 as part of the Project, will be constructing four(4) ramps ("Ramps")on the Subject Property as depicted 25 in Exhibit `B",attached hereto and incorporated by reference. The Ramps will be constructed within 26 the Temporary Construction Easement area prior to December 31,2013. Defendant acknowledges that 27 said Ramps will not be removed by SANBAG at the expiration of the Temporary Construction 28 Easement. Maintenance of said Ramps will be the responsibility of Defendant; and(b)Nothing herein FINAL ORDER OF CONDEMNATION f I shall be deemed to,nor shall it, constitute a waiver of any claims Defendant may have against 2 SANBAG's Contractor and Defendant specifically reserves any claim against SANBAG's Contractor, t 3 for any damages or liability resulting from the errors or omissions,including negligence or intentional 4 acts, of SANBAG's Contractor as a result of construction of the Project on the Subject Property. 5 SANBAG shall provide the full legal name and contact information of SANBAG's Contractor prior to 6 the start of construction on said Subject Property, and SANBAG or its authorized representative shall i 7 provide Defendant with at least seven (7) days written notice of its intent to commence construction on h 8 the Subject Property. SANBAG shall require SANBAG's Contractor to carry, at all times during the 9 course of SANBAG's Contractor's work on the Subject Property, general liability insurance in the j 10 amount of not less than$2,000,000. In addition, in connection with any claim arising out of the { 11 foregoing, Defendant reserves the right to seek equitable indemnity and/or damages from SANBAG in 12 the event that SANBAG's Contractor contends that SANBAG is the culpable party which caused the 13 damages or liability complained about by Defendant and the claim as to SANBAG is not covered by the 14 insurance obtained by SANBAG's Contractor. 15 3. Additionally, SANBAG and Howroyd—Wright Employment Agency, Inc., a California 16 corporation, dba Appleone Employment Service (DOE 1) ("Appleone) agreed to the following i 17 provisions: (a) SANBAG shall maintain reasonable, ADA-compliant pedestrian access to Appleone's 18 business at all times during business hours. The means and methods for maintaining access will be 19 determined by SANBAG's Contractor;provided, however, such reasonable access includes allowing } t 20 pedestrian foot-traffic to access Appleone's business fronting Hospitality Lane from either S. Hunts a 21 Lane to the west or S. Commercenter Drive West to the east; (b) SANBAG shall provide Appleone with 22 the contact information for the Project's Resident Engineer, who is responsible for overseeing the 23 construction of the Project, to enable Appleone to communicate freely with the Resident Engineer at any 24 time concerning any issue raised by the performance of the work of the Project. The Project's Resident 25 Engineer shall timely respond to any inquiry Appleone makes regarding the Project; (c) construction of 26 the Project on or near the Subject Property will take place at night between the hours of 10:00 PM and 27 7:00 AM Monday through Thursday and 12:00 PM to 7:00 AM Friday and Saturday; (d) during Project 28 construction, SANBAG shall erect a sign that Appleone and other businesses are "Open for Business"at 2 FINAL ORDER OF CONDEMNATION 1 various locations along the Hospitality Lane corridor as approved by the City of San Bernardino; at least 2 one such"Open for Business" sign shall be within approximately 50' of the entrance to Appleone's 3 business; and(e) as part of the Project, no public transit stop shall be built within 180' of the entrance to 4 Appleone's business. 5 4. SANBAG is and was authorized and entitled to exercise the power of eminent domain for f f 6 public purposes under Article I, Section 19, of the California Constitution,California Public Utilities Code 7 section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 8 for which SANBAG seeks to condemn the Subject Property, to wit, in connection with the Project and 9 for public transit improvements, is and was authorized by law and is and was a public use; the public 10 interest, safety, and necessity require the Project; the Project is and was planned and located in the 11 manner that will be most compatible with the greatest public good and the least private injury; and the i 12 Subject Property is necessary for the Project. 13 5. Just compensation has been paid to Defendant, and such sum was accepted by the 14 Defendant, as full payment of just compensation for the acquisition of the Subject Property and the 15 construction of the Project in the manner proposed, including,but not limited to, severance damages, 16 loss of goodwill, loss of or damage to improvements pertaining to the realty, fixtures, equipment, and/or 17 inventory, precondemnation damages, relocation benefits, and claims for attorneys' fees, litigation 18 expenses, statutory costs, and interest pertaining to this action. 19 6. The right in and to the Subject Property shall vest in SANBAQ upon the recordation of 20 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 21 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 22 shall be cancelled. 23 24 Dated: 25 F TH UPERIOR COURT I DONINA GO NE LL GARZA 26 27 i 28 3 FINAL ORDER OF CONDEMNATION i - I • 1 l - 1 i i i i i f I EXHIBIT A. I I 1 I I R E I I i f E 1 i s, s I! LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT "I" F The Iand referred to herein is situated in the State of California,County of San Bernardino, City of San Bernardino,and described.as follows: LOT I OF TRACT NO. 10939,AS SHOWN BY MAP ON FILE IN BOOK 152,PAGES 6 THROUGH 8,INCLUSIVE OF MAPS,RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA. i k k i 4 i f { i 4 f k i • i C9-141-402-20 i i t i I. t i I i i i i4. I tik t LEGAL DESCRIPTION AND PLAT I MAP FOR PERMANENT EASEMENT I j r PARSONS - 32' 0 C.Guest:i C ad.Soife 2N0_Orrvric.CA S'1761 1)Oc218-3500 Fax r9-213-360-1 . u,:nr.parscns.co^; u EXHIBIT A RIGHT OF WAY AP 0141-402-20 I THAT PORTION OF LOT 1, TRACT NO. 10939, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN t BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 152, PAGE 6 THROUGH 8 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 89°30'44" EAST 368..10 FEET' ON THE NORTH LINE OF SAID LOT 1 ON SAID TRACT MAP, SAID COURSE HAVING A BEARING OF I' NORTH 89°3017" EAST FOR THE PURPOSES OF THIS DESCRIPTION, SAID POINT ALSO BEING ON THE SOUTH RIGHT OF WAY LINE OF HOSPITALITY LANE; THENCE ALONG THE NORTH LINE OF SAID LOT NORTH .8.9°30'17"EAST 327.00 FEET TO THE NORTHWEST CORNER OF PARCEL NO. 1 AS.DESCRIBED IN i THE EASEMENT DEED TO THE CITY OF SAN BERNARDINO RECORDED MARCH 1.7, 1981 AS INSTRUMENT NO.814Y573:75 QF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE .SOUTHEASTERLY HAVING A RADIUS OF 12:00 FEET; THENCE EASTERLY AND SOUTHEASTERLY 18.85 FEET ALONG. SAID CURVE AND THE SOUTHWESTERLY LINE OF .SAID DEED'THROUGH A CENTRAL ANGLE OF 89°5959'; THENCE NONTANGENT ALONG THE.SOUTH LINE OF SAID DEED NORTH 89°30'17" EAST, A DISTANCE OF 29.00 FEET TO THE EAST LINE OF SAID LOT 1; THENCE SOUTH 00 29'43" EAST ALONG SAID EAST LINE, A DISTANCE OF 8.07 FEET; THENCE SOUTH 89^30'17"WEST,A DISTANCE OF.31.18 FEET;THENCE NORTH 45°24'43"WEST,A DISTANCE•OF 26:23 FEET; THENCE SOUTH 89°30'1.7" WEST, A DISTANCE OF -45.15 FEET; THENCE SOUTH 87°52'05" WEST, A DISTANCE OF 175.08 FEET;THENCE SOUTH 89"30'1?"WEST,A DISTANCE OF 100.79 FEET;.THENCE SOUTH 00°29'45 7'EAST,A DISTANCE OF 0.60 FEET TO THE FOINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES SOUTH 00°2943" EAST, A RADIAL DISTANCE OF 18.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC,'THROUGH A-.CENTRAL ANGLE OF 74444'53", A.DISTANCE OF ` 2148.,FEET TO THE WEST LINE OF SAID LOT 1;THENCE NORTH 0.0°24'12"WEST AL ONG SAID WEST LINE,A DISTANCE OF 0 30 FEET TO THE SOUTHERLY CORNER OF THE LAND DESCRIBED IN THE EASEMENT DEED TO THE CITY OF SAN BERNARDINO,.RECORDED MAY 8;1973 IN BOOK 8178,•PAGE f83 OF OFFICIAL (' RECORDS,1N THE OFFICE OF SAID COUNTY RECORDER,;SAID POINT BEING THE BEGINNING OF-A CURVE CONCAVE-SOUTHEASTERLY HAVING•A RADIUS OF 20.00 FEET;THENCE NORTHEASTERLY A'ND EASTERLY 31 38 FEET ALONG SAID CURVE AND THE SOUTHEAST LINE OF SAID DEED THROUGH A.CENTRAL AN OF 89°542T TO THE POINT OF BEGINNING; GLE CONTAINWG 1,964 SQUARE FEET,MORE OR LESS. ALL As MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 30TH DAY OF AUGUST,2010 4� 4 2 p+N A.RO l CC rn ROBERT EDWARD &. S, E 25068 .. ..........REGISTRATION EXPS 12/31/11 �F Q!IgLIFD� . f i APN 141442-20 ROW par, i i . I u0r-oo 4S-M'Oa-02206-Ib!Ndtl O1021l5 0.9660.000:Aq psi}ofd i 0 � N zll O lS3M 9 0 4 3Rtaa H31NR083WWOO ZbM d a 0 c N ff k. � EE� Z O c w JZZ � � U) �y�� i _1 (n l� m cm Q Cs7 j J N t7 O �(MKD G CL I w o a P o a QU� m (n i Of o x CC o 66 ti 1.. O O O W W z Z i Q H c V? w W \ W ,S 9 �. C ° LU C� ° m Q � o ti 4) j p m w M CO i z Q0. --I C.0 i r- UJ—L V) 00 Lr 0 j 07 j C' 3NV1 SINti,}{ f i j i I 1 i i i I I LEGAL DESCRIPTION AND PLAT I MAP FOR. TEMPORARY CONSTRUCTION EASEMENT i i i • t PARSONS,..' 32100 E.Gv=aSti Road,Suite 2UU,Ontdria.CA 51 i01 •Telephone:S019-218-3160 .•Fay.9US-?'8-300 w+rnv.par,on;;emrr, EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141-402-20 THAT PORTION OF LOT 1, TRACT NO. 10939; IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 152, PAGE 6 THROUGH 8 OF j MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF LOT i AND THE SOUTH LINE OF PARCEL j NO. 1 AS DESCRIBED IN THE EASEMENT DEED TO THE CITY OF SAN BERNARDINO,RECORDED MARCH 17, 1981 AS INSTRUMENT NO. 81-057375 OF OFFICIAL .RECORDS, IN THE OFFICE OF SAID COUNTY i RECORDER;THENCE SOUTH 00°29`43"EAST ALONG SAID EAST LINE,A DISTANCE OF 8,07 FEET TO THE I i TRUE POINT OF BEGINNING; THENCE SOUTH 89°30'17" WEST, A DISTANCE OF 31.18 FEET; THENCE NORTH 45°24:43"WEST, A DISTANCE OF 26:23 FEET; THENCE SOUTH 89°3017"WEST, A DISTANCE OF 45:15 FEET; THENCE SOUTH 87-M-06' WEST, A DISTANCE OF 175.08 FEET; THENCE SOUTH 89°30'17" WEST,A DISTANCE OF 100.79 FEET; THENCE SOUTH 00°29'45+' EAST, A DISTANCE OF 0:50'FEET TO THE I POINT OF CURVE OF A NONTANGENT CURVE TO THE-LEFT, OF WHICH THE RADIUS POINT LIES SOUTH I 00"29'43 EAST, A RADIAL DISTANCE OF 18.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC; THROUGH A CENTRAL ANGLE OF 74°44`53",A DISTANCE OF 23.48 FEET TO THE WEST LINE.OF SAID LOT; THENCE ALONG SAID WEST LINE SOUTH 00°24'12" EAST, A DISTANCE OF 11.12 FEET;THENCE NORTH 89°35'48"EAST,A DISTANCE OF 9.18 FEET;THENCE:NORTH 00°28'22"WEST,A DISTANCE OF 15.56 FEET; THENCE NORTH 89°32'57" 'EAST, A DISTANCE OF 107.93 FEET; THENCE NORTH 00°49'05" WEST DISTANCE OF 3:92 FEET-,.THENCE NORTH.89"29'16"EAST,A DISTANCE OF 120.06 FEET; THENCE SOUTH 01°16'29"EAST,A DISTANCE OF 4:00 FEET;THENCE NORTH$9"30'10" EAST,A DISTANCE OF 107:89 FEET; THENCE SOUTH 00"32'15"EAST',.A DISTANCE OF 9-05 FEET;THENCE NORTH 89"30'17"EAST,A DISTANCE OF 42.95 FEET TO THE EAST LINE OF SAID LOT 1; THENCE ALONG SAID EAST LINE NORTH 00°29'43" WEST,A DISTANCE OF 4:94 FEET TO.THE TRUE POINT OF BEGINNING. CONTAINING 3,80a SOUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY-SHOWN ON EXHIBIT B.ATTACHED HERETO AND MADE A PART HEREOF- I DATED THIS 30TH DAY OF JhJE,201.0 . •' Qp,OFES�.tp f� ROBERT EDWARD STEAF S, PE 25068 ,'� I REGISTRATION EXPIRE. /2731/11 x�u No. �' m I 8 A { i t k t AIM 141-402-20 TCc •�■_ _� f Page 1 i i I uOPl:90ys•3J_-02-20'i-161NdV 0102JV6 096.b S.00d�RR Poi;old O I 183M 0- �\` g l 3AIHG S3IN3ObaVMO3 5 o Zb � J v z b » LU W; z Ln 0 —' t-- Ld � U-) I P Q Ci- w eD J O cmaj.[PIT m Z o I( z °' � � ii 1 In j � I res z° �+ 7 I) IUU z � o F � a O m N f LU i �: y� Q i ,9S Q� ® 4` z ' ,LO ui W W_W Q o v 10 C'- � o w I LLJ 2 1.7 tG N O O1 I 0 GV 61 o tri m o I� co L. Ln i+ J CO t' U W [il V-)�Co io 3NV7 SINnii I ' i I i EXHIBIT "5" PARCEL NO. C-10 (EASEMENT DEED) [SEE ATTACHED] - RECORDING REOUESTE Y STEWART TITLE Stems TitN of California,Inc.certifies that ` RECORDING REQUESTED BY: this is a true and commt copy of the Y Instrument recorded —Z-�6•"Z%-2OIS,as Law y ers Title Insurance Company Instrument no. of 275 W. Hospitality Lane; Ste. 200 Official Records ofr ounty, San Bernardino, CA 92408 California. ' Escrow and Order No. �3 �wsrt Title of California,Inc. L WHEN RECORDED vLAIL TO: ' SAN BERNARDINO ASSOCIATED GOVERNMENTS sbX Project Office 1170 W. 3rd Street, 2nd Floor San Bernardino, California 92410-171 S' Portions:LPN(s.): 141-363-15 EXEMPT FRO41 RECORDNG FEES PER GOVT.CODE§27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV.&T.AX CODE§11922 EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The County of San Bernardino, a bod orporate and politic of the State of California ("Grantor") do hereby GRANT and CO VEY �SA_N BERNARDINO ASSOCIATED GOVERNMENTS, a joint powers authori rantee"), and its successors and assigns, an easement for public street purposes over and ac s, that certain portion of real property located in the County- of San Bernardino, State of California, more particularly described in the legal description attached hereto. SEE LEGAL, DESCRIPTION SET FORTH IN EXHIBIT "A" AND vIAP OF REAL: PROPERTY SET FORTIS E N'EXHIBIT "B", both of which Attachments are incorporated by this reference. IN WITNESS WHEREOF. Grantor has caused this instrument to be executed on the date set forth below. Dated: GRANTOR: The County of San Bernardino, a Body Corporate and Politic of the State of California B �1` onz le , Ch it Board of Supervisors Attest: By: Title: NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) 1 ss. COUNTY OF ) On ) -05 , 2_04- before me; _;G a,Yb ro— 14e r na,nde-Z,notary public, personally appeared Jai e— 3bn 2ale S who proved to me on the basis of satisfactory evidence to be the personf&)-whose names 'is/p�- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 4iner/beif authorized capacity�.a .. and that by l�i�fher/th�.i2`signature } on the instrument the person�r the entity upon behalf of which the person�Wacted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public AURORA rBNANOEZ Commission.1879009 Notary Public•Califofnia z San Bernardino County A4 Comm.Ex ifes Feb 2,2014 RECORDING REQUESTED BY '- Stewart Title of California AND WHEN RECORDED MAIL DOCUMENTAND TAX STATEMENT TO. w,n,E San Bernardino Associated Governments sbX Project Office Attn:Ryan Graham STREET 1170 W.3t°Street,Za Floor ADDRESS c^,srA-a San Bernardino,CA 92410-1715 7J?CODE TITLE ORDER NO.:187296 ESCROW NO.: 182296 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated January 5, 2012, from The County of San Bernardino, a body corporate and politic of the State of California (OWNER/GRANTOR) to the San Bernardino Associated Governments (SANBAG) acting as the San Bernardino County Transportation Commission (GRANTEE), by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of SANBAG pursuant to authority conferred by the SANBAG Board of Directors Agenda Item 22, adopted on February 2, 2011, and the GRANTEE consents to recordation thereof by its duly authorized officer. Description/identification of real property: 222 W. Hospitality Lane, within the City of San Bernardino, San Bernardino County, California, 92408, designated as Assessor's Parcel Number 0141-363-15. Dated: 6 IX�—'—� �4� 9 By: William T. Schuiling, Interim Executiv Director STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On yi i"'1 X ' before me, t'�t 1� �( I t�ilCS ° �tL�J1Gl I GG�J11 G (Date) j (Name and Title of th officer) personally appeared L�Jl II j Cv�'Lt � S�,h I G! 1 1 y'� who proved to me on the basis of (Name or person signing).) satisfactory evidence to be the person whose name�},is/ subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in hls/ ttp authorized ca acity(W), and that by his/fir/their signature(s) on the instrument the person( or the entity upon behalf of whi h the personV acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. l �• MARY J.MAYES 71 G(i�l,� 6u� Commission#1879202 ' G i F PARSONS 3'1.I u.0S-i 3C SU:200.CaF-:0.C.'.9.,01 T:ie:;uo',,:909 .00? Oa0-21 5-0300 ...o..".carn K EXHIBIT A E c RIGHT OF WAY AP 0141.363-15 THAT PORTION OF PARCEL 2,PARCEL MAP NO.11555,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 136,PAGES 20 AND 21 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: a BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 2,BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF HOSPITALITY LANE;THENCE ALONG THE SOUTH LINE OF SAID PARCEL 2 SOUTH 89'29'11" WEST,A DISTANCE OF 40.00 FEET TO THE WEST LINE OF SAID PARCEL;THENCE ALONG SAID WEST LINE NORTH 00'19'44"WEST,A DISTANCE OF 18.06 FEET;THENCE NORTH 89'35'48"EAST,A DISTANCE OF 14.11 FEET;THENCE SOUTH 52'10'15"EAST,A DISTANCE OF 11.73 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIES NORTH 55'38'18"EAST,A RADIAL DISTANCE OF 13.00 FEET;THENCE SOUTHEASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 56'08'01",A DISTANCE OF 12.74 FEET;THENCE NORTH 89'30'17"EAST,A DISTANCE OF 535 FEET TO THE EAST LINE OF SAID PARCEL;THENCE ALONG SAID EAST LINE SOUTH 00'!9'44"EAST,A DISTANCE OF 4.99 FEET TO THE POINT OF BEGINNING. CONTAINING 489 SQUARE FEET,MORE OR LESS, ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 1()7"OF JUNE,2010 �=SS1 pARO & e C a / 'n GAw1 .. APN 0141-363-15 RON 'S=' \ � @ ( - � 2 ~ / i7 % 'E 7 \ LL I - e �\ƒ �� U') | A � i 9w � \ @� � /\ \ § � kv/;ƒ\$ff # - - � !f/ E@372 \1 � EXHIBIT 666" PARCEL NO. C-11 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,County of San Bernardino 11/08/2011 PLEASE COMPLETE THIS INFORMATION. - DENNIS DRAEGER 11:40 AM EM cou e K w' ASSESSOR — RECORDER — CLERK RECORDING REQUESTED BY: ` San Bernardino Associated Governments,a Joint ` P Counter Powers Authority,acting as the San Bernardino ' County Transportation Commission Doc#: 2011 —0463542 Titles: 1 Pages: 10 AND WHEN RECORDED MAIL TO: Rick E.Rayl III I Fees 0.00 Nossaman LLP Taxes 0.00 rvine,CA 926 Zan Avenue,Suite 1800 II PAID r $0.00 I [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 American LegalNet,in Rec.Form#R25 www.u8coufforms.com 1 NOSSAMAN LLP RICK E. RAYL (SBN 174257) 2 rrayl @nossaman.com BRADFORD B. KUHN (SBN 245866) o s�R►R� 3 bkuhn @nossaman.com ySNN ER F SA a RNARD►Np 4 Special Counsel No°►SrR►Cr 18101 Von Karman Avenue, Suite 1800 OCT 2 1 1011 5 Irvine, CA 92612 Telephone: (949) 833-7800 By 6 Facsimile: (949) 833-7878 7 D,-Duty Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 13 FOR THE COUNTY OF SAN BERNARDINO 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1103421 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DONALD ALVA:RE'Z,, DEPT. S32 17 Plaintiff, 18 vs [ Z' MQj FINAL ORDER OF CONDEMNATION 19 RAINBOW INVESTMENT INC., et al., [Parcel No. C-11] 20 Defendants. 21 22 Action Filed: March 15, 2011 23 [EXEMPT FROM FILING FEES- GOV. 24 CODE, § 6103] 25 26 27 28 312677 LDOC FINAL ORDER OF CONDEMNATION 1 Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission ("SANBAG"), having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to an Interlocutory Judgment in Condemnation, and the Court's previously 4 entering a Final Judgment in Condemnation,and SANBAG and defendants having waived a Statement 5 of Decision,judgment having been entered, and payment having been made in full, no other party or 6 person having or claiming to have an interest in the property being acquired or the compensation to be 7 paid for the property, and good cause appearing: 8 NOW,THEREFORE,IT IS HEREBY ORDERED as follows: 9 1. The property described as Assessor's Parcel Number 0141-402-21, located at 155 W. 10 Hospitality Lane, San Bernardino, California, and more particularly described as SANBAG Parcel 11 Number C-11, consisting of a permanent easement of approximately 844 square feet, along with a six 12 month temporary construction easement of approximately 2,676 square feet, as described in SANBAG's 13 complaint on file in this matter and in Exhibit"A"attached to this Final Order of Condemnation 14 ("Subject Property"), is hereby condemned to SANBAG for the purposes of constructing, maintaining 15 and operating the sbX E-Street Corridor Bus Rapid Transit Project ("Project"), for the purpose of all 16 necessary and convenient activities associated with the construction of the Project and for public 17 purposes. The temporary construction easement shall commence seven(7) days from the date upon 18 which SANBAG or its authorized representative provides the applicable defendant with written notice 19 of its intent to commence construction utilizing the temporary construction easement and shall terminate 20 on the earliest of(a)the date upon which SANBAG notifies the applicable defendant that it no longer 21 needs the temporary construction easement, (b) six (6) months from the commencement date of the 22 temporary construction easement, or(c) December 31, 2013. 23 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 24 public purposes under Article I,Section 19,of the California Constitution,California Public Utilities Code 25 section 130220.5,and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 26 for which SANBAG seeks to condemn the Subject Property,to wit, in connection with the Project and 27 for public transit improvements, is and was authorized by law and is and was a public use; the public 28 interest, safety, and necessity require the Project;the Project is and was planned and located in the 312677 1.DOC 1 FINAL ORDER OF CONDEMNATION 1 manner that will be most compatible with the greatest public good and the least private injury;and the 2 Subject Property is necessary for the Project. 3 3. Just compensation has been paid to Rainbow Investment, Inc.,a California corporation 4 ("Rainbow"), and Cathay Bank, a California banking corporation("Cathay"), and such sum was 5 accepted by Rainbow and Cathay, as full payment of just compensation for the acquisition of the Subject 6 Property and the construction of the Project in the manner proposed, including,but not limited to, 7 severance damages, loss of goodwill, loss of or damage to improvements pertaining to the realty, 8 fixtures, equipment, and/or inventory,precondemnation damages,relocation benefits, and claims for 9 attorneys' fees, litigation expenses, statutory costs, and interest pertaining to this action. 10 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of I 1 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 12 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 13 shall be cancelled. 14 15 Dated: 16 JU GE OF THE UPER R CO ©OXAt 1D ALVAW 17 18 19 20 21 22 23 24 25 26 27 28 2 FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTION & PLAT MAP FOR PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT PARSONS EXHIBIT A RIGHT OF WAY AP 0141-402-21 THAT PORTION OF LOT 2,TRACT NO.10939,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 152,PAGES 6 THROUGH 8 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2,SAID POINT BEING ON THE SOUTH RIGHT OF WAY LINE OF HOSPITALITY LANE;THENCE ALONG THE EAST LINE OF SAID LOT SOUTH 00°29'43"EAST 4.67 FEET TO A LINE PARALLEL WITH AND 4.67 FEET SOUTH OF THE NORTH LINE OF SAID LOT;THENCE SOUTH 89°30'17"WEST,A DISTANCE OF 15.01 FEET;THENCE NORTH 35'41'49"WEST,A DISTANCE OF 3.88 FEET TO A LINE PARALLEL WITH AND 1.50 FEET SOUTH OF THE NORTH LINE OF SAID LOT;THENCE ALONG SAID PARALLEL LINE SOUTH 89'30'17"WEST.A DISTANCE OF 213.94 FEET;THENCE SOUTH 44°35'17"WEST,A DISTANCE OF 26.10 FEET TO A LINE PARALLEL WITH AND 7.93 FEET SOUTH OF THE SOUTH LINE OF PARCEL 2 OF INSTRUMENT NO.81-057375 RECORDED ON 3-17-81 1N OFFICIAL RECORDS OF SAID SAN BERNARDINO COUNTY;THENCE ALONG SAID PARALLEL LINE SOUTH 69'30'17"WEST,A DISTANCE OF 31.43 FEET TO THE WEST LINE OF SAID LOT;THENCE NORTH ALONG WEST LINE NORTH 00'29'43'WEST.A DISTANCE OF 7.93 FEET TO THE SOUTH LINE OF PARCEL NO.2 AS DESCRIBED IN THE EASEMENT DEED TO THE CITY OF SAN BERNARDINO RECORDED MARCH 17,1981 AS INSTRUMENT NO, 81-057375 OFFICIAL RECORDS,IN THE OFFICE OF SAID COUNTY RECORDER;THENCE ALONG SAID SOUTH LINE NORTH 89°30'17' EAST 29.00 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 12.00 FEET,A RADIAL BEARING TO SAID CURVE BEARS NORTH 89'30'18"EAST;THENCE NORTHEASTERLY 18.85 FEET ALONG SAID CURVE AND THE SOUTHEASTERLY BOUNDARY OF SAID EASEMENT DEED THROUGH A CENTRAL ANGLE OF 89'59'59"TO THE NORTH LINE OF SAID LOT 2,TRACT NO.10939;THENCE ALONG SAID NORTH LINE NORTH 89'30'17'EAST 240.10 FEET TO THE POINT OF BEGINNING. CONTAINING 844 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACJHED HERETO AND MADE A PART HEREOF. DATED THIS 18TH OF AUGUST,2010 F ND, z 2 8 y TCCCJJJ� 'a `Q. F CAI. ROBERT EDWARD ST ENS,PE 25068 REGISTRATION EXPIR S 12/31/11 pPN 141.402-21 ROW Page 1 UOpug Otis-mov-IZ-Zob-IS Nd• OIC2�F1/9 ogsb 000 C-Fn P-,1Oid O O 1 N � N O W MM O W Y r S a s LU Ul WD O P 4 W }- L71: CL U 0 x Ul �- z <> 0 _ a�a co O ^ 4 Q V 1 �J 1S3M 3A[Ha HBINBOHMAOO ZNOCCOO p �OZ�Cn P cnzr `nom r" tJil Z•r7'- � . U ti d LO Cl- OCY I �_W ��l PARSONS EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141-402-21 THAT PORTION OF LOT 2,TRACT NO.10939,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 152,PAGES 6 THROUGH 8 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2,SAID POINT BEING ON THE SOUTH RIGHT OF WAY LINE OF HOSPITALITY LANE;THENCE ALONG THE EAST LINE OF SAID LOT SOUTH 00'29'43"EAST 4.67 FEET TO THE TRUE POINT OF BEGINNING,BEING A POINT ON A LINE PARALLEL WITH AND 4.67 FEET SOUTH OF THE NORTH LINE OF SAID LOT;THENCE ALONG SAID PARALLEL LINE SOUTH 89'30'17"WEST 15.01 FEET;THENCE NORTH 35°41'49"WEST,A DISTANCE OF 3.88 FEET TO A LINE PARALLEL WITH AND 1.50 FEET SOUTH OF THE NORTH LINE OF SAID LOT;THENCE ALONG SAID PARALLEL LINE SOUTH 89°30'17"WEST,A DISTANCE OF 213.92 FEET;THENCE SOUTH 44`35'17"WEST,A DISTANCE OF 26.10 FEET TO A LINE PARALLEL WITH AND 7.93 FEET SOUTH LINE OF PARCEL NO.2 AS DESCRIBED IN THE EASEMENT DEED TO THE CITY OF SAN BERNARDINO RECORDED MARCH 17,1981 AS INSTRUMENT NO 81-057375 OFFICIAL RECORDS,IN THE OFFICE OF SAID COUNTY RECORDER;THENCE SOUTH 89°30'17" WEST.A DISTANCE OF 31.43 FEET TO THE WEST LINE OF SAID LOT 2,THENCE ALONG WEST LINE SOUTH 00'29'43"EAST.A DISTANCE OF 5.98 FEET;THENCE NORTH 89°30'17'EAST,A DISTANCE OF 40.74 FEET, THENCE NORTH 44°01'26"EAST,A DISTANCE OF 18.95 FEET TO A LINE PARALLEL WITH AND 11.50 FEET SOUTH OF THE NORTH LINE OF SAID LOT;THENCE ALONG SAID PARALLEL LINE NORTH 89°30'17"EAST,A DISTANCE OF 28.50 FEET;THENCE SOUTH 45°48'51"CAST,A DISTANCE OF 7.35 FEET;THENCE NORTH 45"01'43"EAST,A DISTANCE OF 7.38 FEET TO A LINE PARALLEL WITH AND 11.50 FEET SOUTH OF THE NORTH LINE OF SAID LOT;THENCE ALONG SAID PARALLEL LINE NORTH 89°30'17'EAST,A DISTANCE OF 188.07 FEETTO THE EAST LINE OF SAID LOT 2;THENCE ALONG SAID EAST LINE NORTH 00"29'43"WEST,A DISTANCE OF 6.83 FEET TO THF,TRUE POINT OF BEGINNING. CONTAINING 2,676 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 3RD OF JUNE,2010 XRO STF a ti {4 CA0 R08ERT EDWARD*12f3l/ill S. 25068 REGISTRATION EX Page 1 APN 141.402.21 TCE uDD'u oou5.3�1-12-S9s-IbPld`� O:CZ/6�/0 096000odaAC D*.aW of Q _ O CL l CL lu r x (90D w Gs� y P Q Cv x N O of I ��P N r cc w r� x 2 v ,D, Ld x �r C. a — ti 7E Y- v � J I o n r Q - d Z m N Ol T 1f1 O � Vl � 2 2 N2 in N 6 p w FnW 1ba ul GO < L e O W X to o Kj O m co U 2 E „ Q Q O ^ O Qt O O N Q m M M N M O M .z.. P O Ln 4 v M w $ ti co 18 3 M �Ai�lQ 82IN3.OH3WVi4O zNOCCCO i Q' atl w?M V r Of Ln d O U a- l W On CO EXHIBIT 667" PARCEL NO. G12 (EASEMENT DEED) [SEE ATTACHED] f Recorded In official Records,County of San Bernardino 11103/2011 t swt y:. '. 8:00 AM MCORL DENNIS DRAEGER� ASSESSOR — RECORDER — CLERK 867 SPL Title Services RECORDING REQUESTED BY: Lawyers Title Insurance Company Dock 2011—0456840 Tales: 1 Pages: 6 275 W.Hospitality Lane,Ste. 200 Fees Taes 0.ee San Bernardino,CA 92408 otxher 0.00 Escrow and Order No. I PAID $0.99 HEN RECORDED - _ SAN BERNARDINO ASSOCIATED GOVERNMENTS sbX Project Office 1170 W.3`d Street,2nd Floor San Bernardino,California 92410-1715 Portions APN 0141-412-39 EXEMPT FROM RECORDING FEES PER GOVT.CODE§27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV.&TAX CODE§11922 i EASEMENT DEED i FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Commercenter West, LLC, a California Limited Liability Company ("Grantor") does hereby GRANT and CONVEY to SAN BERNARDINO ASSOCIATED GOVERNMENTS acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION ("Grantee"), and its successors and assigns, an easement for public street purposes over and across, that certain portion of real property located in the County of San Bernardino, State of California, more particularly described in the legal description attached hereto. SEE LEGAL DESCRIPTION SET FORTH IN EXHIBIT"A"AND MAP OF REAL PROPERTY SET FORTH IN EXHIBIT`B", both of which Attachments are incorporated by this reference. IN WITNESS WHEREOF,Grantor has caused this instrument to be executed on the date set forth below. I Dated: GRANTOR: Commercenter West,LLC,a California Limited Liability Company By:_42�N61 l - Title: 144,Lk-f T,VA• Attest: By: Title: NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA } SS. On rJ 2011 before me. I C)ZI_ 3� Y�y�� 11ot.11-V public. person.:lly appeared . L11. Fe Icy IAA "P who proved to me on the basis of satisfactory evidence to be the person(s) hose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s).-or the entity upon behalf of which the person(s)acted.executed the instrument. I certify under PENALTY OF PERJURY under the lm s of the State of California that the ioregoing paragraph is true and correct. WITNESS my hand and official seal. SIUMItUre of Notary PLlhIldj i LWOW Cot vintat tt f 1t14M Notary Pub k•CalMunw San Bernardino County tih. -::w rr Expires Sep 25 2012 ILLEGIBLE NOTARY SEAL DECLARATION GOVERNMENT CODE 27361.7 1 certify under penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary LORI BRYANT Notary Identification Number 1814752 County Where Bond Is Filed SAN BERNARDINO Date Commission Exp SEP 25, 2012 / SPL,Inc.as agent DATE: , Signature PARSONS ...:�F.c• ,�r,:,,:d...:r_z;,;'.^a ar!^.c:���;c i • ..,. �'a-.. ,; �_r.,.a,.-,,•r:,:z:-.r-: �c•ai,�.. v.'+';..rn•:a�s.cc•,i EXHIBIT A RIGHT OF WAY AP 0141412-39 THAT PORTION OF LOT 1, TRACT NO. 9140, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 125, PAGES 62 AND 63 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1,SAID CORNER ALSO BEING ON THE NORTH RIGHT OF WAY LINE OF HOSPITALITY LANE,(HALF WIDTH 56 FEET);THENCE ALONG THE WEST LINE OF SAID LOT 1,NORTH 00°19'44"WEST,A DISTANCE OF 4.00 FEET;THENCE NORTH 89°30'17"EAST,A DISTANCE OF 3.52 FEET;THENCE NORTH 34°42'23"EAST,A DISTANCE OF 3.27 FEET;THENCE NORTH 89°30'17"EAST,A DISTANCE OF 33.15 FEET;THENCE SOUTH 35°41'49"EAST,A DISTANCE OF 3.88 FEET; THENCE NORTH 89°30'17"EAST,A DISTANCE OF 77.04 FEET;THENCE SOUTH 87°38'00"EAST,A DISTANCE OF 56.16 FEET TO THE EAST LINE OF SAID LOT;THENCE ALONG SAID EAST LINE SOUTH 00°19'44"EAST,A DISTANCE OF 0.70 FEET TO THE SOUTH LINE OF SAID LOT;THENCE SOUTH 89°30'17" WEST ALONG SAID SOUTH LINE,A DISTANCE OF 173.93 FEET TO THE POINT OF BEGINNING. CONTAINING 645 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 30TH OF AUGUST,2010 ESSI SID ARD St w T (rry co z 0 3550606 8 a z S � �P S Al ROBERT:EDWARD STEAFFENS,PE 25068 APN 0141-412.39 ROW J Page 1 u6D'I yol;wpV6-MOtl-6[-ZIb-IDINdtl OIOZ/Of/9 09600000,AQ Doy;oltl LO ppr0 Q � o 4 {ma{yy M d � hpy N U N 1— O Z Z W p m M a�0 M a�0 OmD O w Q m O .-OCR W 2 w r 3 a. � O m � H = s _ d O x < oC ,99 Z 'a a J COD Q-0) J P Q 0�9m) �D--� °- p �n Z O— Q o' � ano M N CF) I, 3Ndl SIM o n� r /� o z RECORDING REQUESTED BY i Lawyers Title Insurance Company AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: NAME San Bernardino Associated Governments sbX Project Office Attn:Ryan Graham STREET 1170 W.3"Street,2n°Floor ADDRESS cITV.STATE& San Bernardino,CA 92410-1715 ZIP CODE TITLE ORDER NO.:11653927 ESCROW NO.: 11653927 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY I CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated February 25, 2011, from Commercenter West, LLC, a California Limited Liability Company (OWNER/GRANTOR) to the San Bernardino Associated Governments (SANBAG) acting as the San Bernardino County Transportation Commission (GRANTEE), by the within instrument,the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of SANBAG pursuant to authority conferred by the SANBAG Board of Directors Agenda Item 22, adopted on February 2, 2011, and the GRANTEE consents to recordation thereof by its duly authorized officer. Description/identification of real property: 164 West Hospitality Lane, San Bernardino,CA 92408 Dated: °`� O// By: Deborah Robinson Barmack, Executive Director STATE OF CALIFORNIA COUNTY OF SA J N BERNARDINO /� / On 7rr 1 6 O(/ before me, An/1� A I e f L lid �[/ (Cate) // (Nanie and title of the/officer) personally appeared. P Q(�L�2r R'1 a r—k ,who proved to me on the basis of (Name of person signing satisfactory evidence to be the per son((�whose named is/acs subscribed to the within instrument and acknowledged to me that hWshe/thay executed the same in Jvclfier/their authorized capacity(jes), and that by 4aWher/tkeir signature( on the instrument the person(),or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of officer (Seal) rA ANNA ALDIANA Commission 0 1835388 �� Notary Public-Calffornia San Bernardino County M Comm.Expires Mar 6 2013 EXHIBIT 668" PARCEL NO. C-13 (FINAL ORDER) [SEE ATTACHED] PLEASE COMPLETE THIS INFORMATION. Recorded in Official Records,County of San Bernardino 9!0912011 ` DENNIS DRAEGER RECORDING REQUESTED BY: �, , 4:oe r *rr ASSESSOR — RECORDER — CLERK BN San Bernardino Associated Governments a Joint Powers Authority,acting as the San Bernardino P Counter County Transportation Commission ; AND WHEN RECORDED MAIL TO: DOC#: 2011 —0377361 Titles: 1 Pages: 14 Rick E.Rayl Fees 0.00 Nossaman LLP Taxes 0.00 18101 Von Karman Avenue,Suite 1800 Other 0.00 Irvme,CA 92612 PRIG $0.ee [EXEMPT FROM FILING FEES- GOV.CODE, §6103] THIS SPACE FOR RECORDERS USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 American LegalNet,Inc' Rec.Form#R25 www.USCourtForms.com I NOSSAMAN LLP RICK E. RAYL (SBN 174257) F I L E 2 rrayl @nossaman.com. SUPER►OR COURT COUNTY OF SAN SfiRNSTR INO 3 BRADFORD B. KUHN (SBN 245866) SAN SERNARDINO U - bkuhn @nossaman.com SE g ZO]1 4 Special Counsel 18101 Von Karman Avenue,Suite 1800 0 Lo7? 5 Irvine, CA 92612 DEPUTY Telephone: (949) 833-7800 BY 6 Facsimile: (949) 833-7878 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 13 FOR THE COUNTY OF SAN BERNARDINO 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1103199 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE JOHN P. VANDERFEER, DEPT. S37 17 Plaintiff, fl FINAL ORDER OF 18 vs. CONDEMNATION 19 ALAN KWONG (AKA ALAN CHI YUNG KWONG), TRUSTEE OF THE ALAN CHI [Parcel No. C-13] 20 YUNG KWONG AND JEANNE NGAR CHUN KWONG REVOCABLE TRUST, DATED 21 SEPTEMBER 23, 1998, et al., 22 Action Filed: March 9,2011 Defendants. Y , [A�'r-MPT FROM FILING FEES- CODE,§ 61031 25 26 �J w".427 f:. 311740 I.DOC FINAL ORDER OF CONDEMNATION i I Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission ("SANBAG")having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to a Final Judgment in Condemnation,and SANBAG and defendants 4 having waived a Statement of Decision,judgment having been entered,and payment having been made 5 in full,no other party or person having or claiming to have an interest in the property being acquired or 6 the compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE,IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit"A," described as Assessor's Parcel 9 Number 14140235,located at 111 E. Hospitality Lane, San Bernardino, California, and more 10 particularly described as SANBAG Parcel Number C-13,consisting of a permanent easement of 11 approximately 492 square feet, along with a temporary construction easement of approximately 2,231 12 square feet, as described in SANBAG's complaint on file in this matter("Subject Property"), is hereby 13 condemned to SANBAG for the purposes of constructing, maintaining and operating the sbX E-Street 14 Corridor Bus Rapid Transit Project ("Project"), for the purpose of all necessary and convenient activities 15 associated with the construction of the Project and for public purposes. The temporary construction 16 easement shall commence seven (7)days from the date upon which SANBAG or its authorized 17 representative provides the applicable defendant with written notice of its intent to commence IS construction utilizing the temporary construction easement and shall terminate on the earliest of(a)the 19 date upon which SANBAG notifies the applicable defendant that it no longer needs the temporary 20 construction easement, (b)six (6)months from the commencement date of the temporary construction 21 easement, or(c) December 31, 2013. 22 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 23 public purposes under Article I, Section 19, of the California Constitution, California Public Utilities Code 24 section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 25 for which SANBAG seeks to condemn the Subject Property,to wit, in connection with the Project and 26 for public transit improvements, is and was authorized by law and is and was a public use; the public 27 interest, safety, and necessity require the Project; the Project is and was planned and located in the 28 311740_1.DOC 1 FINAL ORDER OF CONDEMNATION I manner that will be most compatible with the greatest public good and the least private injury; and the 2 Subject Property is necessary for the Project. 3 3. Just compensation has been paid to Defendants Alan Kwong(aka Alan Chi Yung 4 Kwong), Trustee of the Alan Chi Yung Kwong and Jeanne Ngar Chun Kwong Revocable Trust, dated 5 September 23, 1998; Jeanne Kwong(aka Jeanne Ngar Chun Kwong),Trustee of the Alan Chi Yung 6 Kwong and Jeanne Ngar Chun Kwong Revocable Trust, dated September 23, 1998; Lin Ai Tang, 7 Trustee of the Tang Family Trust dated August 17, 2007;and Kwong and Tang, Inc.,a California 8 corporation, dba Lotus Garden Restaurant (collectively, "Defendants"), and such sum was accepted by 9 the Defendants, as full payment of just compensation for all claims of any nature,including without 10 limitation all claims for severance damages,relocation assistance,business goodwill,real and personal 11 property, fixtures, equipment, damages,compensation,fees, costs,and litigation expenses, other expenses, 12 interest, and any and all other claims which have been or could have been raised in the lawsuit. 13 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 14 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 15 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 16 shall be cancelled. 17 18 Dated: 19 JUDGE bF E SUPERIOR COURT 20 21 .. 22 23 24 25 26 27 28 2 FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"1" All that certain real property situated in the County of San Bernardino, State of California, described as follows: Parcel 1 of Parcel Map No. 8954, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 94, Pages 45 and 46 of Parcel Maps, in the Office of the County Recorder of said County. C13-141402,75 LEGAL DESCRIPTION-AND PLAT MAP FOR PERMANENT EASEMENT sTCG ;GUESS Roan,Suite 200,Onieri^.CA 9176i Telephone:9N-2 18-1600•Fax 909---,18-3605 05. �,•ww.pa;sans.tom EXHIBIT A RIGHT OF WAY AP 0141AO..Z736 THAT-PORTION OF PARCEL 1 OF PARCEL MAP-8954,.ItV THE CITY OF SAN BERNAftDINO;COUNTY OF SAN Bt E2NARD.iNO, STATE OF CALIFORNIA, AS PER PEAT RECORDED IN BOOK J4; PAOF-8 45 AND 46 OF PARC.EL MAPS, IN THE OFFICE OF THE COUNTY RECORbER OF SAID COUNTY, DESCRIBED AS FQLLOWS. $E.GlNFJ1IVG AT THE NORTHV><ES7 CORNER OF 5A1D PARCEL 1,ALSO BEING•A POINT ON THE SOUTH RIGHT OF WA"l LI►yF OF HOSPITAItTY LANE tHALF WID'TH' `30 00 FEET) T!IEt�iCE ALONG THE NORTH LINE .QF•SIUD'PARCEL NORTH 59'30'17 EAST-21.3.03 FEET TO THE EGINNINQ-QFS:At;tJP-E COtN -A SCf t�Tt 1W E$TBRLY AND Ff1A\/INr,Q} JlD1US OF 2U.OQ.FEET;.TI jEN E S©UTH.E•A�r—ty:31 q2 Ft*P.l ALONG SAID CURV]3 A(VD TFiE:N.dF2TkiE11Si LINE bF SAID FkARGJEJLTHF�Ol1�>?#iCEN7 {!i1:IG E QF 89'59`58^ THI'NC- SOUTH 00*'l2943-*EAST 0M Mi.-Et'THENOE NORTH.45 A29 i.:3,!"UE,ST Z�.6 ;FE)YT TI ENCE SOUTH. 89° D'17"V1/EST 197 78 FEET-,TE EIatCE SOUTH 343 A2'23 Wi`ST 3 s8 FED THE�iCE:89° f%1-7'WEST 44:1:4 FEET TO THE V�E,ST LIFsIE.01 ,Sjg1PARCEk:THAICE AL©IVC SAtD W3=ST'LINE NORTH OU 29'43''VIfEST 4:67 FEETTO THE POINT OF BEGtIVNINE�: COWAINING 492 SQUARE FEET,MORE OR LESS- ALLAS MORE PARTICULARLY SHOWN ON EXHIBIT-D yATTACt tED HERI=TO.AND-MADE A FART HEREOF. DATED THIS 7'-H DAY OF JUNE,2010 �F#ESSl-' . tiwa,en . "9�� ery►ti. t4' CAL ROBERT EDWARD STE AFFENS;PE'25058 APH 0141-402-35 ROW Page 1 v6p�aaa.i5-MOL--Sf-20>-1>xJd�\SLb2C 5wD�OLBb'DOOd,�Dyc\u�x-pu���o„-;.,6�i� 0�02/L/9 OLQb, 000'Rp Dt,lyhd o_ _ O _ \ 'O 's O t O B a• x .3 O M tano� saaNia 0 � M N / 1 h) W M r. fV 3 1 w \ Q Lu LO v ' Ln C� LU d l . "g.Q 00 F- No _ � W Q. Yfi v`,o Y� 1n. T Q !�l ' N F- O 0 d Lr 2 N 2 i/N 'Vf ✓/ = fv Q liJ !D .Z v - — m 'p N 2 ,9S ;OF LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT PARSoNI 32G0 E.Guasd Rgad,Seste'26.0,Ontar'a;CA 91761 •TI;phone.909-218-:•600"Fax 9!N-213-3605,- www.oarsor&.;om EXHIBIT A TEMPORARY CQNSTRUGTION EASEMENT AP Q141-402-35 THAT PORTION OF PARQEL 1 OF RARCEL MAP 8954;IN THE CITY.OF SAN BERNARDINO,COUNTY OF SAN BERNARgINO,.STT TE OF CALIFORNIA,AS PER-PLAT RECORDED IN BOOK 94,.Pf•1G,E&45 M.b 46 O,F PARCEL MAF'fs;IN TI1E OFFICE OF THE CCd NTIf RECORDER�OF SAID wUNTY.DESCRIBED AS FOLLOWS: COMMENCING,ATTHE NQR,T(i1fBEST CGRNER2 OF SAID PARCEL 1,ALS©BEINGA POINT ON T"ISSOUTH RIGHT OF VuAY LINE OF'H O.SPITAL,tYY(LANE(HALF VuiRTH 30-00 FEED;THENCE ALONG THE WEST LINE-OF SAL[?BARGEE SOUfii pU"�S'43"E�4ST'4;�a•FEETTO APOINT`ON A LINE WYiI.GFi iS PARRLGEL>1NFfti 1 AtV3.4.67 FEFF SOUTH GdFTH15 NOF Tti Ltt[E(3.�..S, PARCEL.SAID POINT BEI.yGTHE-TRUE ROINT E7�F.BEGINhtING: THENCE ALQI�[G:SAIL?PARALT BL L]I+JEx7 QRTF�:a J`N (7 FAST 1 Q 14 FEt }THENCE LEA}l1tJG SAiE1 F'RFtALI EL LINE:I�IORTH 34°42"23"EABT 3$8 k EF TO.l4 Lt lE;li/NIC-H IS PARALLEL WITKAND 4.50 — S®IFlT 1 OF TJ iE NORTH irtNE OF$till Pp(RCEL'.THENCE/SLOIJG SAID PARALLEL LINE NORTH 8301?" EA�iT 19. .7x§FEET THl=R1 j,FUjjl�QpUR FYkLLEI L1.F�E SOUTH A5'Z9!4­3!`F�1$T.A-DISTANCE OF 26:f,9 FEE"f TO 7kiE`EAST LIME OF SYk�D PARCEL Tl I I C ,JiLONG SAf;D-1=A$T LINE SOUI'H':00 437 EAST 7_Q8 EEET;.TkiE¢1C! LORI i 145°27`6$*VStEg7 2 5$EEC FO A tiNE PARALLEL WITH AND-11.50 FEET S.QUTFi OF SAIO�11ORTH`LINE.OF 5A1D,F?rARCEL;THENJCE ALONG SAID PARALLEL LINE SOUTH 89'30'17"WEST'2T7.Q9. FEET TO THE VEST LINE.OF SAID PAE�CE-L.-THENCE,ALONG SAID WESTLINE NQRTH. 00 29'43`WV:EST QA3 Fk&TO 7Mlt,>RUE '.0[IkT`OF.BE.GINNNFIf`:: CONT'AINING:2;231 SQUARE FEET,NIORt.09 LESS- ALL AS MORE PAFtT 11uU.kARLy SHOVVN�ON EXHIBIT B ATTACHED HERETO AND MADE A.PART HEREOF. DATED THIS 7TH DAY OF JUNE,2410. Q�tOFESS�N: R BE R f EDYIilARD S J NS;PE-25W8. cftj - v �21� REGISTRATION EXPI ES 12Y31111 F� 6AL�40 APH 61,k-402-35 TGE Pagel uOP'l1ooV5-3J1-Si-tAb-IbWdY 00Z/B/9 09 Gb400tl:.CQ po.µojd 0 o v Q. M F! l.ano Suama 1C1 tk � x as O i' o v' x, a a s a Q 0 a- -99 v. m"o ti m "*. EXHIBIT 669" PARCEL NO. C-14 (EASEMENT DEED) [SEE ATTACHED] Recorded In 01ficial Records,County of San Bernardino 1110312011 8:00 AM EC®( DED BY L.�:C. DENNIS DRAEGER ss ASSESSOR — RECORDER — CLERK 867 SPL Title Services RECORDING REQUESTED BY: Titles: 1 Pages: 6 Lawyers Title Insurance Company Doc#: 2011—0456839 .00 275 W. Hospitality Lane,Ste. 200 Fees 0 San Bernardino,CA 92408 other 0.00 Escrow and Order No. PAID $0.00 WHEN RECORDED MAIL TOO: SAN BERNARDINO ASSOCIATED GOVERNMENTS sbX Project Office 1170 W. P Street,2"d Floor San Bernardino,Califomia 92410-1715 Portions APN 0141-412-40 EXEMPT FROM RECORDING FEES PER GOVT.CODE§27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV.&TAX CODE§11922 C }t7 v SA n 8er'n a 1r('nD ll EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Commercenter West, LLC, a California Limited Liability Company ("Grantor") does hereby GRANT and CONVEY to SAN BERNARDINO ASSOCIATED GOVERNMENTS acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION ("Grantee"), and its successors and assigns, an easement for public street purposes over and across, that certain portion of real property located in the County of San Bernardino, State of California, more particularly described in the legal description attached hereto. SEE LEGAL DESCRIPTION SET FORTH IN EXHIBIT"A"AND MAP OF REAL PROPERTY SET FORTH IN EXHIBIT"B", both of which Attachments are incorporated by this reference. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below. Dated: 2�ZS^ Z�J GRANTOR: Commercenter West,LLC,A California Limited Liability Company By: ret4 Title: YVl�utibe✓ Ch 2�o�1�cuv�l Attest: By: Title: is k 5 S NOTARY ACKNOWLEDGINIENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) ss. COUNTY OF 6A K� 1?t'12nNQ Yc J) On Off— O�� ?Ol l before tile. pJ�L_ T\ Cc�J�_. notary public. personally appeared 1`?• �>y�C7 /�1g1`'1+� , who proved to me on the basis of satisfactory evidence to be the person(s) r��hose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s).or the entity upon behalf of which the person(s)acted.executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the toregoing paragraph is true and correct. wiTNESS my hand and official seal. Signature of Notal'V PLIbIIc I hdtt epl e�alan s teu� . Notary Pubik•Ct11*141 San Bernardino County M Comm.Ex hart Se 2$ 2012 r I I i ILLEGIBLE NOTARY SEAL DECLARATION GOVERNMENT CODE 27361.7 I certify under penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary LORI BRYANT Notary Identification Number 1814752 i County Where Bond Is Filed SAN BERNARDINO Date Commission Exp SEP 25, 2012 SPL, Inc.as agent DATE: Signature I I PARSONS E.['.;-i5;:Road..'.Lt-ll•', V,,1']u' T i''',:rk::....... .;'1"•Vie;.... ... tS �i^,° ,'ri.';.I'Ci:i�5.....,ti EXHIBIT A RIGHT OF WAY AP 0141412-40 THAT PORTION OF LOT 2,TRACT NO.9140,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 125,PAGES 62 AND 63 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: PARCEL A COMMENCING AT THE EASTERLY TERMINUS OF THE COURSE SHOWN AS"NORTH 89°30'14"EAST 154.06 FEET"ON THE SOUTH LINE OF SAID LOT 2 AS SHOWN ON SAID TRACT MAP,SAID COURSE HAVING A BEARING OF NORTH 89°3017"EAST FOR THE PURPOSES OF THIS DESCRIPTION, SAID POINT BEING THE BEGINNING OF A CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIES NORTH 00°29'43"WEST,A RADIAL DISTANCE OF 20.00 FEET;THENCE EASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 07°41'14",A DISTANCE OF 2.68 FEET TO THE TRUE POINT OF BEGINNING:THENCE NORTH 44°35'17" EAST,A DISTANCE OF 20.93 FEET;THENCE NORTH 89°4016"EAST,A DISTANCE OF 1.85 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES NORTH 75°53'12"WEST,A RADIAL DISTANCE OF 20.00 FEET;THENCE SOUTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 67°42'15",A DISTANCE OF 23.63 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 65 SQUARE FEET,MORE OR LESS. PARCEL-0 BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2,ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF HOSPITALITY LANE(HALF WIDTH 56.00 FEET);THENCE ALONG THE SOUTH LINE OF SAID LOT NORTH 89°30'17"EAST,A DISTANCE OF 13.99 FEET;THENCE NORTH 87°38'00"WEST,A DISTANCE OF 14.00 FEET TO THE WEST LINE OF SAID LOT;THENCE ALONG SAID WEST LINE SOUTH 00°19'44"EAST,A DISTANCE OF 0.70 FEET TO THE POINT OF BEGINNING. CONTAINING 5 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 10TH OF JUNE,2010 pF#ESS7 . ,rCrS���,NARD Sr r � r N0. 23 S CAL% pv ROBERT EDWARD STEAf FENS,PE 25068 APN 0141.412-40 ROW Page 1 y0p•I DIDUDC/B 09G66000tgq pD{i Dld O 0 Q 3AIHG ISM 831N3DU3WW00 w ti C6 M„Z L,�s oSLN C; oo ° _ `� C p N $ N M� r. O W r ►- M T �7 ivy e O /U W w N cl� O z \ J � h � , 4 tO i Q V: w Q a u I o + Z D- u � a !\1 al "D Q- I I a w a m o N 95 02 06 3 3 W 3 w W Q O V .~- O e Q a ao n n P)o c v $ $ o 0 m Q m m o Q m9t N M ul O r g RECORDING REQUESTED BY Lawyers Title Insurance Company i AND WHEN RECORDED MAIL DOCUMENT AND TAY,STATEMENT TO: NAME San Bernardino Associated Governments sbX Project Office I Attn:Ryan Graham STREET 1170W.3`d Street,2nd Floor ADDRESS CITY,STATER San Bernardino,CA 92410-1715 ZIP CODE I TITLE ORDER No.:11653931 ESCROW NO.: 11e53931 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated February 25, 2011, from Commercenter West, LLC, a California Limited Liability Company (OWNER/GRANTOR) to the San Bernardino Associated Governments (SANBAG) acting as the San Bernardino County Transportation Commission (GRANTEE), by the within instrument,the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of SANBAG pursuant to authority conferred by the SANBAG Board of Directors Agenda Item 22, adopted on February 2, 2011, and the GRANTEE consents to recordation thereof by its duly authorized officer. Description/identification of real property: 164 West Hospitality Lane,San Bernardino,CA 92408 Dated: -�4 By: Deborah Robinson Barmack, Executive Director STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On 1 4 E?cI l 6. -X/I before me, t (Date) (Na/me and title of the o r) personally appeared �� /1 l 4 L/C who proved to me on the basis of (Name ot person signing satisfactory evidence to be the person(e whose name(e is/ara-subscribed to the within instrument and acknowledged to me that 4iWshe/t4ey executed the same In 4iel er/t4w authorized capacity(i&et and that by-i;Wherlthair signature(o on the instrument the person(,or the entity upon behalf of which the person( acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of officer ANNA ALDMA (Seal) Comndsalon•1895368 Notary Public-California San Bernardino County M Comm.Expires Mar 6 2019 I EXHIBIT 661099 PARCEL NO. C-15 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,County of San Bernardino 912112011 3:39 PM RECORDING REQUESTED BY M°'fiA!?+wsyc DENNIS DRAEGER MP � ��� ��VN/J gttvell}hKR>F ASSESSOR — RECORDER — CLERK 4i AND WHEN RECORDED MAIL DOCUMENT TO: �{ P CQUIItBC y` a NAME Dock 2011 —0397441 Titles: 1 Pages: 17 Fees 0.00 STREET ADDRESS ( iQ fc-�o2 Dthes 0.00 CITY,STATE& / t�,J(. C/_41 �(.b �2 PRID $0.00 ZIP SPACE ABOVE FOR RECORDER'S USE ONLY f (/JAIL OR-;)—kjL of C-0tj RL'I/'J.4Z",�i, Title of Document -j , 'a is MI . RE1:1"- n ' •1.. v .. -v ..S'4 THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) I NOSSAMAN LLP RICK E. RAYL (SBN 174257) 2 rrayl @nossaman.com €° L 1E D .. BRADFORD B. KUHN (SBN 245866) SAN B�:,�''E 3 C�,lif+:T` OF�:,r'�,`'ti 3EP.h.�=,F�JiifO bkuhn @nossaman.com I F1E�!1•1AP1)11\iG 1)15 F G 4 Special Counsel AUG 2 9 2,0,i 18101 Von Kannan Avenue, Suite 1800 5 Irvine, CA 92612 (� Telephone: (949) 833-7800 �Y ,� ` - 6 Facsimile: (949) 833-7878 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1103200 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE JOHN M. PACHECO, DEPT. S34 17 Plaintiff, tPROPOSE 1 FINAL ORDER OF —� ---- CONDEMNATION. ------ -- -------- -- - 19 N AND D RESTAURANTS, INC., a Florida corporation; 20 DOES 1 Through 100, Inclusive; and [Parcel No. C-151 ALL PERSONS UNKNOWN CLAIMING ANY 21 TITLE OR INTEREST IN OR TO THE 22 PROPERTY DESCRIBED HEREIN, • 23 Defendants. Action Filed: March 9, 2011 [EXEMPT FROM FILING FEES - GOV. 24 CODE, § 61031 25 26 27 28 311592 1.DOC FINAL ORDER OF CONDEMNATION k I Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County E 2 Transportation Commission("SANBAG")having applied for entry of a Final Order of Condemnation, E 3 having previously stipulated to a Final Judgment in Condemnation, and SANBAG and defendants 4 having waived a Statement of Decision,judgment having been entered, and payment having been made 5 in full,no other party or person having or claiming to have an interest in the property being acquired or 6 the compensation to be paid for the property, and good cause appearing: 1 7 NOW,THEREFORE,IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit "A,"described as Assessor's Parcel 9 Number 14140240, located at 195 E. Hospitality Lane, San Bernardino, California, and more 10 particularly described as SANBAG Parcel Number C-15, consisting of a permanent easement of 11 approximately 629 square feet, along with a temporary construction easement of approximately 1,841 12 square feet, as described in SANBAG's complaint on file in this matter("Subject Property"), is hereby 13 condemned to SANBAG for the purposes of constructing, maintaining and operating the sbX E-Street 14 Corridor Bus Rapid Transit Project("Project"), for the purpose of all necessary and convenient activities 15 associated with the construction of the Project and for public purposes. The temporary construction 16 easement shall commence seven(7) days from the date upon which SANBAG or its authorized 17 representative provides the applicable defendant with written notice of its intent to commence 18--' cunstrcrct on utilizing the temporary construction easemelinan slZall Terminate he earl esf of(a)the -" 19 date upon which SANBAG notifies the applicable defendant that it no longer needs the temporary 20 construction easement, (b) six (6)months from the commencement date of the temporary construction 21 easement, or (c) December 31, 2013. 22 2. Additionally, SANBAG and N and D Restaurants, Inc., a Florida corporation 23 ("Defendant")agreed to the following provisions: (a) The cutting and capping of sprinkler facilities will 24 be conducted in such a manner that their functionality outside the Property will be maintained at all 25 times,and SANBAG will coordinate with Defendant before relocating, cutting or capping Defendant's 26 existing sprinkler facilities; (b) Before installation of trees and landscaping, SANBAG will contact 27 Defendant to coordinate the placement of the trees and landscaping on the Property; (c) SANBAG will 28 coordinate with Defendant before pouring new concrete driveway aprons; (d)Reasonable driveway and 311592_I.DOC 1 FINAL ORDER OF CONDEMNATION 1 � 9 ' 1 pedestrian access to Defendant's remaining property will be maintained during business hours during 2 - construction activities; (e)Excepting items for which Defendant has been compensated,upon 4 3 completion of construction, SANBAG will restore the landscaping within the temporary construction ti ' 4 easement area per Omnitrans' tree planting and planting plans; (f) Defendant has elected to retain one 5 on-premise monument style sign at a salvage value of$0.00; Defendant shall, at its sole cost and ' 6 expense,remove said sign on or before August 1, 2011. In the event the sign has not been moved onto 7 the Defendant's remaining property on or before said date, SANBAG is hereby granted the right to 8 remove the sign and Defendant hereby abandons said sign. Defendant specifically releases SANBAG 9 from any and all responsibility for said sign, and understands and agrees that this item wilt be the sole 10 property of Defendant. Defendant shall be liable and responsible for any future reconstruction, 11 maintenance or adjustment thereto. SANBAG makes no representations or warranties as to Defendant's 12 ability to construct or maintain said sign on Defendant's remaining property; and (g) Within thirty (30) 13 days of the construction contract for the Project being awarded, SANBAG (or its representatives) shall 14 notify Defendant in writing as to the contractor's contact information. 15 3. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 16 public purposes under Article I, Section 19, of the California Constitution,California Public Utilities Code 17 section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use I-8 or-which--SANBAG seeks-to condemn the-Property t6'-Wit)-"in"connection with"the­Project and for public- 19 transit improvements, is and was authorized by law and is and was a public use; the public interest, 20 safety, and necessity require the Project; the Project is and was planned and located in the manner that 21 will be most compatible with the greatest public good and the least private injury; and the Property is 22 necessary for the Project. 23 4. Just compensation has been paid to Defendant, and such sum was accepted by the 24 Defendant, as full payment of just compensation for all claims of any nature, including without limitation 25 all claims for severance damages,relocation assistance;business goodwill,real and personal property, 26 fixtures,equipment,damages, compensation,fees, costs, and litigation expenses,other expenses,interest, 27 and any and all other claims which have been or could have been raised in the lawsuit. 28 2 FINAL ORDER OF CONDEMNATION -�rr�rr j 1 5. The right in and to the Subject Property shall vest in SANBAG upon the recordation of -2 - this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 3 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 4 shall be cancelled. 5 6 Dated: JUDG THE SUPERIOR COURT 7 JOHN M. PACHECO 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 3 FINAL ORDER OF CONDEMNATION s 3 i EXHIBIT A � ( . � . . . . . . . . . . . . . . . . . � ) . ) • . } ] ] ) . . . ) . l ) ] LEGAL DESCRIPTION:OR LARGER PARCEL . E ATTACHMENT"]" s The land referred to herein is situated in the State of California,County of San Bernardino, a City of San Bernardino,and described as follows: i PARCEL 1,AS PER PLAT ATTACHED TO CERTIFICATE OF COMPLIANCE,LOT LINE ADJUSTMENT NO.83-23,RECORDED OCTOBER 2, 1984 AS INSTRUMENT NO. 84- 236496,OF OFFICIAL RECORDS,BEING MORE PARTICULARLY AS FOLLOWS: i PARCEL 1 OF PARCEL MAP NO. 7759,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED M BOOK 79,PAGES 73 AND 74 OF PARCEL MAPS, RECORDS OF SAID COUNTY,TOGETHER WITH THAT PORTION OF PARCEL 2 OF SAID PARCEL MAP NO.7759,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL I;THENCE SOUTH 00°33'45"EAST,ALONG THE EAST LINE OF SAID PARCEL 2,A DISTANCE OF 73.00 FEET;THENCE SOUTH 890 30' 14"WEST, PARALLEL WITH THE SOUTH LINE OF SAID PARCEL 1,A DISTANCE OF 234.01 FEET;THENCE NORTH 00°29' 46"WEST,A DISTANCE OF 73.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL l; THENCE NORTH 890 30'14"EAST,ALONG THE SOUTH LINE OF SAID PARCEL I,A DISTANCE OF 233.93 FEET TO THE POINT OF BEGINNING. C15-0141-402-40 f x TM 4 i LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT- i PARSONS 32C7 E.Guasti PnL" ,,. _,....:JiL. CA, 761 •Tezl,oonv:909_21 ,-,'nn.-,r._.:ii:.irS•J:iGc; vi,-.,..parsuls.coin EXHIBIT A RIGHT OF WAY AP 0141-402-40 THAT PORTION OF PARCEL 1,PARCEL MAP NO.7759, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO.STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 79,PAGES 73 AND 74 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER Of SAID PARCEL 1,ALSO BEING A POINT ON THE SOUTH RIGHT OF WAY LINE OF HOSPITALITY LANE;THENCE ALONG THE NORTH,NORTHWEST AND WEST LINES OF SAID PARCEL THROUGH THE FOLLOWING 3 COURSES: 9 SOUTH 89°30'17"WEST 21170 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS.OF 20;QQ FEET; 2 SOUTHWyESTERLY-31.42 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE.OF 90000'.00"; 3 SOUTH 00°2943"EAST 0:32 FEET; THENCE NORTH 44°:30'17"EAST 26.6.1 FEET TO A LINE PARALLEL WITH AND 1.50.FEET SOUTH OF THE R10RTH LINE OF:SAID.PARGEL;THENCE ALONG SAID.PARALLEL LINE.NORTH 89'30'17 EAST 124.04 FEET;THENCE SOUTH 89'24'1:5"EAST 55:.9.0 FEET;THENCE SOUTH 34°36'24"EAST 3-88-FEET; THENCE SOUTH 89°2415 EAST 32.79 FEET TO THE EAST LINE OF SAID PARCEL;THENCE ALONG SAID FAST LINE NORTH 00'33'42"WEST'6.40 FEET TO THE POINT OF BEGINNING- CONTAINING;629 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHtSIT S ATTACHED HERETO AND MADE.A PART HEREOF. DATI~O THIS 8TH UAY OF JUNE,-20:10. � REGISTRATION EXPlFtES 12l 1% i� _......- AeN4Y:4i-4DF-40ROltl :.. ... .:..-.:.:.:- _ ... .:... .. ......:... .........:__.... i i � • ff lI uOD'I1eau5-MOtl-0b-ZOb-iblNd< 0102%8/9 O96b6000:rq P-i4-ld N \ v U N 11 O cn P . Cd ,95 CV . . S \ M /Fi as � a u4 0 H Q m rn Zit d C1 ai v. 05 0 . Q M ,�. lan-Qo s83Nta Ld LU o a: w. s, t t , f _ :j I i LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT i I f k C PARSONS . '00 E Cu8s4 Roa^.S,i!e 2CQ,Ontario.1— 8176 T,�: ncaa; ��-'?t. C� ?-1 pa: 5 ?3•. a;. 3-3 4. wtv;. rsonsxo-a a i' EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141-402-40 i THAT PORTION OF PARCEL 1,PARCEL MAP NO,7759,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 79,PAGES 73 AND 74 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING.AT THE NORTHEAST CORNER OF SAID PARCEL 1,ALSO BEING A POINT ON THE SOUTH RIGHT OF WAY LINE OF HOSPITALITY LANE;THENCE ALONG THE EAST LINE OF SAID PARCEL SOUTH 00°33'42"EAST 6.40 FEET TO THE TRUE POINT OF BEGINNING:THENCE NORTH 89°24`15"WEST 32.79 FEET,THENCE NORTH 34°38'21"WEST S.68 FEET;THENCE.NORTH 89°24'1.5"WEST,A DISTANCE OF 55.90 FEET TO A LINE PARALLEL WITH AN6'1.54 FEET SOUTH OF THE NORTH LINE OF SAID PARCEL;THENCE ALONG S-AID..PAR-ALLEL LINE SOUTH 89°30'17"'WEST 124.04 FEET;THENCE SOUTH 44°30"1:7"WEST 26.61 FEET TO THE VtFE$T LINE OF SAID PARCEL,THENCE:ALONG SAID WEST LINE SOUTH 00°29 43 EAST 7.07 FEET;THENCE NORTH 44°30'17 EAST 2g 64 FEET TO A LINE PARALLEL WITH AND 11.550 FEET SOUTH OF THE NORTH:LINE OF SA(b PARCEL;THENCE ALONG SAID RARALLEL LINE NORTH 89°30'17"EAST 129.59 FEET;,THENCE 5QUTR 44°50`05 EAS714.20 FEET;THENCE EAST 73.32 FEET TO THE EAST LINE OF SAID PARCEL;THENCE.ALONG SAID.EAST LINEWORTH 00°33'42"WEST,A DISTANCE OF 10:89 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1841 SQUARE FEET;MORE OR LESS. ALL AS MORE PARTIGULARI Y SWOWN.ON EXHIBIT B ATTACHED HERETO AND MADE A.PART HEREOF. DATED T1418 8TH-DAY OF JUNE,2010 �E i �oQR9 r7O,9,. -. t Olt=FYT IZEGI57RA iDN EXPIRE i t� G , L k u6p-Iy66uS-3�1-Ob-LOb-IblNdb MOZ/e19 O96t. ood:F4 pVyypld LU O o � J � F- op• d z w. CP a M w x � O 1 _. i ,95 ,.02 m m � f- LIJ O..c w H a U � b TN'+.�. fT RAI �.an o 4gc3 K; $ •'V '4 -h_ N 31 z `' `°. Q �a � 3::.°�.''�.3 3e� W tw.i�_t W.-tom-•l�_�_� �.Y. M, >o I i 1 PROOF OF SERVICE 2 The undersigned declares: 3 I am employed in the County of Orange, State of California. I am over the age of 18 and am not a party to the within action; my business address is c/o Nossaman LLP, 18101 Von 4 Karman Avenue, Suite 1800, Irvine, CA 92612. 5 On August 4, 2011, I served the foregoing [PROPOSED] FINAL ORDER OF CONDEMNATION on parties to the within action as follows: 6 ® (By U.S. Mail) On the same date, at my said place of business, a true copy thereof 7 enclosed in a sealed envelope, addressed as shown on the attached service list was placed for collection and mailing following the usual business practice of my said employer. I 8 am readily familiar with my said employer's business practice for collection and 9 processing of correspondence for mailing with the United States Postal Service, and, pursuant to that practice,the correspondence would be deposited with the United States 10 Postal Service, with postage thereon fully prepaid, on the same date at Irvine, California. 11 E (By Facsimile) I served a true and correct copy by facsimile pursuant to C.C.P. 1013(e), to the number(s) listed on the attached sheet. Said transmission was reported complete 12 and without error. A transmission report was properly issued by the transmitting facsimile machine, which report states the time and date of sending and the telephone 13 number of the sending facsimile machine. A copy of that transmission report is attached hereto. 14 ❑ (By Overnight Service) I served a true and correct copy by overnight delivery service for 15 delivery on the next business day. Each copy was enclosed in an envelope or package 16 designated by the express service carrier; deposited in a facility regularly maintained by the express service carrier or delivered to a courier or driver authorized to receive 17 documents on its behalf; with delivery fees paid or provided for; addressed as shown on the accompanying service list. �-8 ❑ (By Electronic Service) By emailing true and correct copies to the persons at the 19 electronic notification address(es) shown on the accompanying service list. The document(s) was/were served electronically and the transmission was reported as 20 complete and without error. 21 Executed on August 4, 2011. 22 ® (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 23 24 25 Va'ncy Ne tune 26 27 28 304688 LDOC t PROOF OF SERVICE 1 SERVICE LIST (C15) 2 Brian Fox Attorneys for Defendant 3 Darden N and D Restaurants, Inc. 1000 Darden Center Drive 4 Orland, FL 32837 Tel: 407.245.5181 5 Fax: 407.241.6537 6 7 8 9 10 11 12 13 _. 14 16 ,8 19 20 21 22 23 24 25 26 27 28 2 PROOF OF SERVICE RECORDING REQUESTED BY: SANBAG 1170 West 3rd Street,2"d Floor San Bernardino,CA 92410-1715 WHEN RECORDED MAIL TO: CITY OF SAN BERNARDINO 300 N. D STREET,3RD FLR SAN BERNARDINO,CA 92418 EXEMPT FROM REC.FEES PER GOVT.CODE§27383 APN(s): See Exhibit"Y' QUITCLAIM DEED EXEMPT FROM DOC.TRANSFER TAX PER sbX Parcel#C16-C26 REV.&TAX CODE§11922 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SAN BERNARDINO ASSOCIATED GOVERNMENTS, a public agency existing under the laws of the State of California ("SANBAG"), acting as the San Bernardino County Transportation Commission, a public agency existing under the laws of the State of California ("Grantor"), does hereby REMISE, RELEASE and forever QUITCLAIM to the CITY OF SAN BERNARDINO, a California Municipal Corporation ("Grantee"), all of the right, title, and interest in the permanent easement(s) located in the City of San Bernardino, County of San Bernardino, State of California, as identified in those certain recorded instrument(s) listed in Exhibit 111", and further described as a permanent easement in a copy of said instrument(s) as Exhibit(s) "2", 663994 6(4 9'), 6(599, 66699, 66799, "8", "9" and "10", respectively, attached hereto and incorporated herein by this reference. Prior to the execution and recording of this Quitclaim Deed, the permanent easements were in favor of Grantor pursuant to those certain instrument(s) dated and recorded in the Official Records of San Bernardino County, California as indicated on Exhibit "I". Notwithstanding anything contained in this instrument to the contrary, to the extent that the (any) instrument identified in Exhibit(s) "2" through "10" include(s) a temporary easement (such as and including without limitation, for example, a temporary construction easement), this instrument does not include the same and, therefore, there shall be no transfer, assignment, set over, conveyance, grant or quitclaim of such temporary easement(s) or any interest therein by, under or pursuant to this Quitclaim Deed. I Any facilities located within the property (properties) described as a permanent easement in the recorded instrument(s) attached hereto as Exhibit(s) "2" through "10", are being left in place in an "as is, where is, with all faults" condition. Grantee acknowledges and agrees that Grantor is conveying all right, title and interest in and to the herein-described real property on an "as is, where is, with all faults" basis. And Grantee further acknowledges and agrees that Grantor does not warranty the condition of the facilities and does not guarantee their fitness for any purpose. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below. Dated: GRANTOR: SAN BERNARDINO ASSOCIATED GOVERNMENTS acting as the San Bernardino County Transportation Commission NOTARY ACKNOWLEDGEMENT: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF } S.S. On before me, Notary Public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature SEAL: ACCEPTANCE This is to certify that the interest in the real property conveyed by the within instrument to the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council, and grantee consents to the recordation thereof by its duly authorized officer. CITY OF SAN BERNARDINO By: City Clerk Date: ! ! ! ! I ! I EXHIBIT 66199 PARCEL/DOCUMENT LISTING Exhibit sbX Parcel APN Property Address Recorded Document Description # # Number Comment 2 C16 0141-412-38 100 W Hospitality Ln. 2011-0252269 Easement Deed a San Bernardino, CA 92408 3 C17 0141-402-26 205 E Hospitality Ln. 2012-0048467 Final Order San Bernardino CA 92408 4 C19 0141-402-25 215 E Hospitality Ln. 2012-0045114 Final Order San Bernardino CA 92408 5 C21 0141-402-30 219 E Hospitality Ln. 2012-0075848 Final Order San Bernardino CA 92408 6 C22 0141-412-35 204 E Hospitality Ln. 2014-0231388 Final Order San Bernardino CA 92408 7 C23 0141-402-32 225 E Hospitality Ln. 2012-0019444 Final Order San Bernardino CA 92408 8 C24 0141-412-30 242 E Hospitality Ln. 2011-0405449 Final Order San Bernardino CA 92408 9 C25 0141-402-14 285 E Hospitality Ln. 2011-0254683 Easement Deed San Bernardino CA 92408 10 C26 0141-412-20 280 E Hospitality Ln. 2012-0045113 Final Order San Bernardino CA 92408 EXHIBIT 662" PARCEL NO. C-16 (EASEMENT DEED) [SEE ATTACHED] Recorded in 011101,1 ReOords, County of San Bernardino Doc#: 2011—0252269 69 5(2212011 AM RECORDING REQUESTED BY: Lawyers Title Insurance Company 275 W. Hospitality Lane, Ste. 200 San Bernardino, CA 92408 Escrow and Order No.%150' ae itf�i i3I 3-1 D WHEN RECORDED MAIL TO: SAN BERNARDINO ASSOCIATED GOVERNMENTS sbX Project Office 1170 W. 3`d Street, 2nd Floor San Bernarrr��c�no, California 92410-1715 Portions APN(s.):0141-412-38 EXEMPT FROM RECORDING FEES PER GOVT.CODE§27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV.&TAX CODE§11922 EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CMGH, LLC, a California limited liability company ("Grantor") does hereby GRANT and CONVEY to San Bernardino Associated Governments acting as the San Bernardino County Transportation Commission ("Grantee"), and its successors and assigns, an easement for public street purposes over and across, that certain portion of real property located in the County of San Bernardino, State of California, more particularly described in the legal description attached hereto. SEE LEGAL DESCRIPTION SET FORTH IN EXHIBIT"A" AND MAP OF REAL PROPERTY SET FORTH IN EXHIBIT"B", both of which Attachments are incorporated by this reference. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below. Dated: GRANTOR: CMGH, LLC, a California limited liability company Title: 2-- Attest: By: Title: NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) ) ss. COUNTY OF � ) On 1 - 2.1 - , 2011 before me, �� � ;M , notary public, personally appeared , who proved to me on the basis of satisfactory evi nce to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OLGA M.ADAMS COMM *179792 m tFii Ril Ntary Public-caGtomia W 1"`�, # j LOS ANGELES COUNT' WITNESS m hand and official seal. � r.�! y My Comm.Exp.FEB 23,20V Signat of Notary Public EXHIBIT "A"TO EASEMENT DEED Legal Description of Easement [APN: 0141-412-38] PARSONS F.C.:.i RDad,J';.ta 2C fy� Cl -1 • r �:4,_Z;nn y r_. %-va �e "7.Cn-. o.CA i', T��.-,gin-v.- � .•x 2'8.3 .}• ,,•:r:::.p`�•=ar;;,cx;:n EXHIBIT A RIGHT OF WAY AP 0141-412-38 THAT PORTION OF PARCEL 1,PARCEL MAP NO-4085, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 36, PAGE 71 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 1,ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF HOSPITALITY LANE(HALF WIDTH 56.00 FEET);THENCE ALONG THE SOUTH LINE OF SAID PARCEL SOUTH 89°30'17"WEST,A DISTANCE OF 254.90 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 08°28'14";THENCE WESTERLY ALONG THE ARC A DISTANCE OF 2.96 FEET TO A TRUE POINT OF BEGINNING;THENCE CONTINUING NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 67°12'13",A DISTANCE OF 23.46 FEET;THENCE NORTH 89°40'16"EAST,A DISTANCE OF 1.65 FEET;THENCE SOUTH 45°24'43"EAST,A DISTANCE OF 20.94 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 62 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETQ.AND MADE A PART HEREOF. DATED THIS 18TH DAY OF AUGUST,2010 Q�OFESS/p�,g A R©S w /Z m ROBERT EDWARD ST A ENS, PE 25068 ! y REGISTRATION EXPIRES 12/31/11 tV4 ,j►�@ lF �CAL�p� APN 0141-412-38 ROW Page 1 EXHIBIT "B"TO EASEMENT DEED Map of Real Property [APN: 0141-412-381 u0D'? }0µaau$-M02f-B[-21b-IYNd7 0102/61/@ 0964Y00 ao,fq PO4-401d O 11 O U O _ O Q � a O 4 CO M Q N O � � Z Q OC ~ J ✓MOD I.-Q 4 N M ui O N O Q W Q 4 V v � W 2 O C� X N N Q r N a ©fro W H O Q N N �� N 29� p U LAJ %0 a UA(� J o?f QlEg C.7 ¢ n v N U O O O O 10 Z m m .0 v N N 5m Q N 2 N o 2 r o ? (C=Dag !" C n Qw cv O L! o C0 < U - O V), CL �u Wo N N no d- M O O n ISM 3AIEla a31N33MW00 a a- a Ln Ln RECORDING REQUESTED BY Lawyers Title Insurance Company AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: NAME San Bernardino Associated Governments sbX Project Office Attn:Ryan Graham STREET 1170 W.3'0 Street,2nd Floor ADDRESS CITY.STATE6 San Bernardino,CA 92410-1715 ZIP CODE TITLE ORDER No ESCROW NO.: SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated January 27, 2011, from CMGH, LLC, a California limited liability company (OWNER/GRANTOR) to the San Bernardino Associated Governments (SANBAG) acting as the San Bernardino County Transportation Commission (GRANTEE), by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of SANBAG pursuant to authority conferred by the SANBAG Board of Directors Agenda Item 22, adopted on February 2, 2011, and the GRANTEE consents to recordation thereof by its duly authorized officer. Description/identification of real property: 100 W. Hospitality Lane, San Bernardino, CA 92408 Dated: By 7 Deborah Robinson Barmack, Executive Director STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On T (Date){ -20/1 before me, Ann, A .< .G ' — 1 /7 `/ (Nafne and title of thy(officer) personally appeared c a!lr{7 ka 41a1Vel Be,r e who proved to me on the basis of (Name or person signing satisfactory evidence to be the person whose nameW islare subscribed to the within instrument and acknowledged to me that Jwlsheltbey executed the same in J: edthair authorized capacity(ies) and that by J:iWherttbeir signature(5) on the instrument the person(sl.or the entity upon behalf of which the person(Yi acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of officer Y� ANNA ALDANA (Seal) Commission#1835368 Notary Public-California zz San Bernardino County My Comm.Expires Mar 6.2013 RECORDING REQUESTED BY: LaLawyers Title Insurance Company Recorded in Orncial Records, � County of San Bernardino 275 W. Hospitality Lane, Ste. 200 Doc#: 2011-0252270 San Bernardino, CA 92408 6122/2011 8:00 AM Escrow and Order No. q3. 049-_W 333 (p WHEN RECORDED MAIL TO: SAN BERNARDINO ASSOCIATED GOVERNMENTS sbX Project Office 1170 W. 3rd Street,2nd Floor San Bernardino, California 92410-1715 Portions APN(s.): 0141-412-38 EXEMPT FROM RECORDING FEES PER GOVT.CODE§27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV.&TAX CODE§11922 TEMPORARY CONSTRUCTION EASEMENT CMGH, LLC, a California limited liability company (hereinafter referred to as "Grantor"), is the owner in fee of certain real property located in the City of San Bernardino, County of San Bernardino, State of California, more fully described in ATTACHMENT "1" attached hereto and incorporated herein by reference(hereinafter referred to as the "Property"). FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor does hereby GRANT and CONVEY to San Bernardino Associated Governments acting as the San Bernardino County Transportation Commission (hereinafter referred to as "Grantee"), and its successors and assigns, a temporary and non-exclusive construction easement and right of way ("Temporary Construction Easement'), over, on, under, in, across, along and through that certain portion of the Property more fully described and depicted in EXHIBITS "A" and "B" attached hereto and incorporated herein by reference (hereinafter referred to as the "Temporary Construction Easement Area"), for the purpose of all necessary and convenient activities associated with the sbX E-Street Corridor Bus Rapid Transit (BRT) Project (hereinafter referred to as the "Project"). The Temporary Construction Easement shall expire on the date ("Expiration Date") that is not more than six (6) months from the commencement of construction within the Temporary Construction Easement Area. The Grantee shall have an option to extend the Temporary Construction Easement on a month-to-month basis until construction on the Project is completed; however, such date shall not extend beyond December 31, 2013. Upon occurrence of the completion of the Project, the then-owners of record of the Property shall have the right to receive from Grantee a duly executed and acknowledged instrument in writing whereby Grantee quitclaims or otherwise releases its interest in the Temporary Construction Easement to the then- owner of record of the Property, and may cause same to be recorded in Official Records of San Bernardino County, California. Grantor covenants, by and for itself, its assigns, heirs and voluntary and involuntary successors in interest to the Property or any part thereof, that Grantor shall not, without the express written consent of Grantee, erect, place, maintain, or undertake any other activity which may interfere with the use of the Temporary Construction Easement Area; nor permit the erection, placement, maintenance, or undertaking of any other activity which may interfere with the use of the Temporary Construction Easement Area, including, without limitation, the erection of any building, wall, fence, structure or other improvement within the Temporary Construction Easement Area. The Temporary Construction Easement shall include, without limitation, the right and privilege of Grantee and its employees, agents, representatives, contractors, subcontrators, and workmen to: (i) perform all activities as may be necessary to facilitate the purposes of the Temporary Construction Easement; (ii) use, control and occupy the Temporary Construction Easement Area; (iii) have access to, ingress to, and egress from the Temporary Construction Easement Area; (iv) use and temporarily place and operate tools, equipment, machinery, and materials on the Temporary Construction Easement Area; and (v) trim, cut, or clear away any trees, brush, or other vegetation or flora, including the roots thereof, located within the Temporary Construction Easement Area. The covenants contained herein shall run with the land. All ATTACHMENTS attached hereto are incorporated herein by reference. Notwithstanding the foregoing, Grantor retains the right to use the surface of the Temporary Construction Easement Area for any purpose which does not interfere with Grantee's exercise of the Temporary Construction Easement and all rights and privileges thereof. This Grant shall inure to the benefit of, and be binding upon,the Grantor and Grantee and their respective assigns, heirs and voluntary and involuntary successors in interest. SEE LEGAL DESCRIPTIONS SET FORTH IN ATTACHMENT "l" AND EXHIBIT "A",AND MAP OF TEMPORARY CONSTRUCTION EASEMENT AREA SET FORTH IN EXHIBIT"B", all of which attachments are incorporated by this reference. At the expiration of the Temporary Construction Easement, Grantee shall restore such property to a condition as near as practicable to the condition that existed immediately prior to Grantee's operations. Grantee shall not be required to restore vegetation, nor any improvements for which the Grantor has been paid,to the pre-existing condition. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below. Dated: 1w`r�st`Y ©// GRANTOR: CMGH, LLC, a California limited liability company By: Title: Attest: By: Title: NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) ) ss. COUNTY OF On _ � �, 2011 before me, L ,1 4 1.�, notary public, personally appeared , who proved to me on the basis of satisfactory evide e to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)-on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. Y �• COMM �~.. LOBAN�COUN' 7 =V a My Coma Exp FEB 23,is'i; . ,r COMM.#978?'92 m' O y).0- �� �12 Signatuj of Notary Public ATTACHMENT "1" Lega( Description of Property [APN: 0141-412-38] ATTACHMENT"1" All that certain real property situated in the County of San Bernardino, State of California, described as follows: Parcel 1 of Parcel Map No. 4085, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 36, Page 71 of Parcel Maps of said County. C 16-141412-38-Attachment I EXHIBIT "A" Legal Description Temporary Construction Easement Area [APN: 0141-412-38] PARSONS s200 E.i..rn:1 Roa 3Y?ta2-"0.Or:yrSo,C A 5 . •—_;arltane_90:�-2_%3C-C}•F_e -::Its-3c3f• EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141412-38 THAT PORTION OF PARCEL 1, PARCEL MAP NO.4085, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 36, PAGE 71 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1,ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF HOSPITALITY LANE(HALF WIDTH 56.00 FEET);THENCE ALONG SOUTH LINE OF SAID PARCEL SOUTH 89°30'17"WEST,A DISTANCE OF 254.90 FEET TO THE POINT OF CURVE OF A TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES NORTH 00°29'43"WEST,A RADIAL DISTANCE OF 20.00 FEET;THENCE WESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 08°28'14",A DISTANCE OF 2.96 FEET;THENCE NORTH 45°24'43"WEST,A DISTANCE OF 20.94 FEET;THENCE SOUTH 89°40'16"WEST,A DISTANCE OF 1.65 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES NORTH 75°10'44"EAST,A RADIAL DISTANCE OF 20.00 FEET; THENCE NORTHERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 14°28'43",A DISTANCE OF 5.05 FEET;THENCE NORTH 89°40'16"EAST,A DISTANCE OF 4.35 FEET;THENCE SOUTH 45°24'43"EAST,A DISTANCE OF 14.18 FEET;THENCE NORTH 89°30'17"EAST,A DISTANCE OF 29.21 FEET;THENCE SOUTH 00°15'16"EAST,A DISTANCE OF 8.50 FEET;THENCE NORTH 89°30'17"EAST,A DISTANCE OF 98.42 FEET; THENCE NORTH 00°19'35"WEST,A DISTANCE OF 8.50 FEET;THENCE NORTH 89°30'17"EAST,A DISTANCE OF 48.33 FEET;THENCE SOUTH 35°41'49"EAST,A DISTANCE OF 10.40 FEET;THENCE NORTH 89"30'17" EAST,A DISTANCE OF 28.75 FEET;THENCE NORTH 34°42'23"EAST,A DISTANCE OF 10.40 FEET;THENCE NORTH 89°30'17"EAST,A DISTANCE OF 25.82 FEET;THENCE SOUTH 35°41'49"EAST,A DISTANCE OF 10.40 FEET;THENCE NORTH 89°30'17"EAST,A DISTANCE OF 12.05 FEET;THENCE SOUTH 00°19'50"WEST,A DISTANCE OF 1.50 FEET TO THE POINT OF BEGINNING. CONTAINING 1,435 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 18TH DAY OF AUGUST,2010 44pfESSio,�4 AR0 S �F Wm No m ? 8 � ROBERT EDWARD STEAfAWS,PE 25068 REGISTRATION EXPIRES 12/31/11 FOFCA \i APN 0141.412-38 TCE Page 1 EXHIBIT "B" Map of Temporary Construction Easement Area [APN: 0141-412-38] UOPI >O IL®ey5-301-BC-lib-IbINdV OIOZ/6V6 0990000WAQ PQJ11aId O O - 1p N O FI o U � � p O S Q m O d m b ~ J N W m 9S 'H W Q -v in y < 0 C N N W O Q co Z Or C9 O O O (J O O N F N N ff t � � r a. U o W aV � Q M O to O N O to a W Z ap O co O 1n O N O Ul a W o w W w w w W W2r a M n " of ti� O �! O .- O N O .- O m c-, Q M v W Z. m m Ln am0 M m W m O �) Z N 2 Z Z N 2 to m J z @9 Q 0 a " V o U1 „- w °mmto u> m oQo MQ o0 Q V Q Ii1 N r 4 Q N Z N N 0', la o N Y r w w w w ; O u` O ^- i+� io in i+M n io `.n- in O Z v w 0 M p� Z o< � owoccoioom ao Z m � .n 'o+ Of in m o Ot N ..o m Q m m w co o m oo t` h z to z to z to z z a W O M R (p n OD m m Z �' th O � ISM 3AINa a3lN30a3WW00 C) o va C\la O _O co v LO 0 0 in 1- I�- O N Oi KtI.UKWNb KLUL'tS 1 tU by Lawyers Title Insurance Company AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: NAME San Bernardino Associated Governments sbX Project Office Attn:Ryan Graham STREET 1170 W.SO Street,2nd Floor ADDRESS CITY.STATE San Bernardino,CA 92410-1715 ZIP CODE TITLE ORDER NO.. ESCROW NO.: SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Temporary Construction Easement dated January 27, 2011, from CMGH, LLC, a California limited liability company (OWNER/GRANTOR) to the San Bernardino Associated Governments (SANBAG)acting as the San Bernardino County Transportation Commission (GRANTEE), by the within instrument,the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of SANBAG pursuant to authority conferred by the SANBAG Board of Directors Agenda Item 22, adopted on February 2, 2011, and the GRANTEE consents to recordation thereof by its duly authorized officer. Description/identification of real property: 100 W. Hospitality Lane, San Bernardino, CA 92408 Dated: /J,�/ B Y: A u Deborah Robinson Barmack, Executive Director STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On &I fn, oZo( f before me, r1F a f 1 jgCEl1G tVfi��er(tg LC�j��r✓ (Date) (Namd and title of the ffficer) personally appeared E *Jf t i7 t AAj h)&C'M&t_k who proved to me on the basis of (Name or person signing satisfactory evidence to be the person(s) whose namejs) Is/am subscribed to the within instrument and acknowledged to me that .t>Q/shefthey executed the same In his/her/tWr authorized capacity(ias)), and that by his/herl"r signature(g) on the instrument the person(p),or the entity upon behalf of which the person(p)acted,executectthe instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of officer �.�.� ANNA ALDANA (Seal) Commission*1835388 Notary Public-California San Bernardino County My Comm.Expires Mar 6,2013 EXHIBIT 6'3" PARCEL NO. C-17 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,County of San Bernardino 2/06/2012 PLEASE COMPLETE THIS INFORMATION. DENNIS DRAEGER G PM , AR ASSESSOR — RECORDER — CLERK SG RECORDING REQUESTED BY: F ` San Bernardino Associated Governments,a Joint t P Counter Powers Authority,acting as the San Bernardino County Transportation Commission HOC#: 2012—0048467 Titles: 1 Pages: 15 AND WHEN RECORDED MAIL TO: Fees 0.00 Rick E.Rayl Taxes 0.00 Nossaman LLP other 0.00 18101 Von Karman Avenue,Suite 1800 PAID se.0e Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form#R25 wwwMISn ourtFo et,Inc. www.USCourtFOrtns.com I 1`+OSSAMAN LLP F I L E RICK E. RAYL (SBN 174257) SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO 2 rrayl @nossaman.com SAN BERNARDINO CIVIL DIVISION 3 BRADFORD B. KUHN (SBN 245866) JAN 19 2012 bkuhn @nossaman.com 4 Special Counsel 11 2111) 18101 Von Kannan Avenue, Suite 1800 5 Irvine, CA 92612 Deputy Telephone: (949) 833-7800 6 Facsimile: (949) 833-7878 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the.SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 1 I SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1103201 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE JOHN M. PACHECO, DEPT. S34 17 Plaintiff, fPR6P03TTn"FINAL ORDER OF 18 vs. CONDEMNATION 19 BRE/LQ PROPERTIES L.L.C., a Delaware limited liability company; et al., [Parcel No. C-17] 20 Defendants. 21 22 Action Filed: March 9, 2011 23 [EXEMPT FROM FILING FEES - GOV. CODE, § 61031 24 25 26 "3x.27 _ X 28 315517_1.DOC Zi FINAL ORDER OF CONDEMNATION I I Plaintiff San Bernardino Associated Governments, a Joint Powers Authority, acting as the San 2 Bernardino County Transportation Commission("SANBAG")having applied for entry of a Final Order 3 of Condemnation,having previously stipulated to a Final Judgment in Condemnation, and SANBAG 4 and defendants having waived a Statement of Decision,judgment having been entered, and payment 5 having been made in full, no other party or person having or claiming to have an interest in the property 6 being acquired or the compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE,IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit"A,"described as Assessor's Parcel 9 Number 0141-402-26, located at 205 E. Hospitality Lane, San Bernardino, California, and more 10 particularly described as SANBAG Parcel Number C-17, consisting of a permanent easement of 11 .approximately 729 square feet, along with a temporary construction easement of approximately 871 12 square feet, as described in SANBAG's complaint on file in this matter("Subject Property"), is hereby 13 condemned to SANBAG for the purposes of constructing, maintaining and operating the sbX E-Street 14 Corridor Bus Rapid Transit Project("Project"), for the purpose of all necessary and convenient activities 15 associated with the construction of the.Project and for public purposes. The temporary construction 16 easement shall commence seven (7) days from the date upon which SANBAG or its authorized 17 representative provides the applicable defendant with written notice of its intent to commence 18 construction utilizing the temporary construction easement and shall terminate on the earliest of(a)the 19 date upon which SANBAG notifies the applicable defendant that it no longer needs the temporary 20 construction easement, (b) six (6)months from the commencement date of the temporary construction 21 easement, or(c) December 31, 2013. 22 2. Additionally, SANBAG and BRE/LQ Properties, L.L.C., a Delaware limited liability 23 company ("Defendant"), agreed to the following provisions: (a)Defendant has elected to retain one on- 24 premise sign at a salvage value of$0.00; Defendant shall, at its sole cost and expense,remove said sign 25 on or before October 1, 2011. Upon approval from the City of San Bernardino, Defendant shall be 26 permitted to relocate and install the existing sign within the temporary construction easement area_ As 27 the existing sign relocation may be in an area that requires grading for the Project,Defendant shall 28 coordinate the new sign location's vertical placement with SANBAG prior to the relocation to ensure 1 FINAL ORDER OF CONDEMNATION I the sign's height is compatible with future grading. Upon the relocation of the existing sign as agreed to 2 by all parties, SANBAG shall protect the sign in-place during construction. In the event the sign has not 3 been moved by October 1, 2011, SANBAG is granted the right to remove the sign and Defendant 4 abandons said sign. Defendant specifically releases SANBAG from any and all responsibility for said 5 sign, and understands and agrees that this item will be the sole property of Defendant. Defendant shall 6 be liable and responsible for any future reconstruction,maintenance or adjustment thereto. SANBAG 7 makes no representations or warranties as to Defendant's ability to construct or maintain said sign 8 within the temporary construction easement area; and(b)nothing herein shall be deemed to,nor shall it, 9 constitute a waiver of any claims Defendant may have against SANBAG's contractor, and Defendant 10 specifically reserves all claims,including claims for equitable indemnity, against SANBAG's 11 Contractor, for any damages resulting from the negligence or intentional acts of SANBAG's Contractor 12 caused as a result of construction of the Project. SANBAG shall provide the full legal name and contact 13 information of SANBAG's Contractor prior to the start of construction of the Project. SANBAG shall 14 require SANBAG's Contractor to carry, at all times during the course of SANBAG's Contractor's work 15 on the Project,general liability insurance in the amount of not less than $2,000,000. 16 3. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 17 public purposes under Article I, Section 19, of the California Constitution, California Public Utilities Code 18 section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 19 for which SANBAG seeks to condemn the Subject Property,to wit, in connection with the Project and 20 for public transit improvements, is and was authorized by law and is and was a public use; the public 21 interest, safety, and necessity require the Project; the Project is and was planned and located in the 22 manner that will be most compatible with the greatest public good and the least private injury; and the 23 Subject Property is necessary for the Project. 24 4. Just compensation has been paid to Defendant, and such sum was accepted by the 25 Defendant, as full payment of just compensation for the acquisition of the Subject Property and the 26 construction of the Project in the manner proposed, including, but not limited to, severance damages, 27 loss of goodwill, loss of or damage to improvements pertaining to the realty, fixtures, equipment, and/or 28 2 FINAL ORDER OF CONDEMNATION I inventory, precondemnation damages, relocation benefits, and claims for attorneys' fees, litigation 2 expenses, statutory costs, and interest pertaining to this action. 3 5. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 4 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 5 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 6 shall be cancelled. Dated: ` JUIDGE`bF THE SUPERIOR COURT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT The land referred to herein is Situated in the State of California, County of San Bernardino, City of San Bernardino,and described as follows: PARCEL 2 OF PARCEL MAP NO. 7229, IN THE CITY OF SAN BERANARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 72 OF PARCEL MAPS, PAGES 35 AND 36,RECORDS OF SAID COUNTY. C17-0141-402 26 LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT PARSONS 3200 E.Guast:F,Yad.Susie 20.q;Ontario,CA 9-11761 -Telephone:309-21S-36Q0-Fax 999-218 3605. EXHIBIT A RIGHT OF WAY AP 0141-402-26 THAT PORTION OF PARCEL 2, PARCEL MAP NO. 7229, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK FOLLOWS: 72, PAGE 35 AND 36 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 2, ALSO BEING ON THE SOUTH RIGHT OF WAY LINE OF HO PIT LANE; THENCE ALONG THE EAST LINE OF SAID PARCEL SOUTH 00°33.42" EAST 8.67 FEET TO A LINE PARALLEL WITH AND 8.67 FEET SOUTH OF THE NORTH LINE OF SAID PARCEL; THENCE ALONG SAID PARALLEL LINE SOUTH 89°30'17" WEST 14.24 FEET; THEME NORTH S5°23.'43" WEST 3:95 FEET; THENCE NORTH 89°24'15" WEST 86.58 FEET; THENCE $OUT{i.29° NOR WEST 164; THENCE NORTH-89 024'16,WEST 27.1-7 FEET TO THE WEST LINE OF SAID PARCEL;THENCE ALONG.THE WEST LINE OF SAID PARCEL NORTH 'OQ•33'42"WEST 6.40.FEET TO THE NORTH LINE . F SAID PARCEL; THENCE ALONG THE NORTH LINE OF SAID PARCEL NORTH 89°307"EAST 132.02 FEET TO THE POINT OF BEGINNING. CONTAINING 729 SQUARE FEET,MORE OR LESS: ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 30TH'OF JULY,2010 cif" f;- r:• y s AL ROBERT EDWARD STEAFFENS,.PE 25068 APN 14i-407-26ROW Pap • WD'ite ays-NOa-9Z-ZOb-IbiNdn OIOZ/OC/L - 096bb00a!Aq Dcy;Old 0 1Sd3 83IN3383wwo3 CJ N X11 O \ r- ' O Q •Cd ,95 ,0€ 0C1 N •C CSC 1 4N co RAI Q Q o 2 • U� fU e< . Oh- n p� N C7 W 1? -aAD LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT PARSONS 3205 E.GJas6 Roac.Suite-2043.Ontario,�,A 91761 .Telephone:9-39-21,8-3-CM•Fax L'0.9--�&-3EG5, Av.-,Y.parsons con) EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141-402-26 THAT PORTION OF PARCEL 2' PARCEL MAP NO. 7229; IN THE CITY OF SAN BERNARDINO. COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 72, PAGE 35 AND 36 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 2, ALSO BEING ON THE SOUTH RIGHT OF WAY LINE OF HOSPITALITY LANE''THENCE ALONG THE EAST LINE OF SAID PARCEL SOUTH 00°33'42" EAST 8.67 FEET TO THE TRUE POINT-OF BEGINNING THENCE SOUTH 89°30'17`WEST 1424 FEET; THENCE NORTH 35°23'43"WEST 3,95.FEET;THENCE NORTH Sg°24'15"WEST 86:58 FEET;THENCE.SOUTH 29°t2°23"WEST 3.6:1;•THENCE NORTH 89°2.4'15"WEST 27,17 FEET TO.THE WEST LINE OF SAID PARCEL; THENCE-ALONG THE WEST LINE OF SAID PARCEL SOUTH 00°39'42" EAST 10.89 FEET; THENCE R10RTIi 90°00'00" EAST 26.80 FEET T.H.-E. HENCE NORTH 29 012'23"EAST 1'0:00 FEET TC A LINE PARA 5.00 FEET SOUTH OF"THE ABOVE MENTIONED COURSE "NORTH 89°24'15" LLEL WITH AND EST 86 W .58 FEET"; THENCE ALONG SAID PARALLEL LINE SOUTH 89°2415." EAST 81.07 FEET; THENCE SOUTH EAST 6.24 FEET- THENCE NORTH 8W30'17" EAST 1:6.58 FEET TO THE EAST LINE OF SAID PARCEL;THENCE ALONG THE EAST LINE OF SAID PARCEL NORTH 00°3.342"WEST 6.83 TOTHE TRUE POINT OF BEGINNING. CONTAINING 871 SQUARE FEET,MORE OR LESS.- . ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AN MADE A PART.HEREOF. DATED THIS 30TH OF-JULY,2010 i i ROBERT EDWARD STEAFFENS,PE 25M- ' HRN141-4Q2-267'CE - - - Par i r.nrr DINER-$ -COURT - of IA � zm ,rm n m O O'm l0 1D .1:.1D - W O J N N W a - W bf Ot.W .6 n ON OI N ... d ...'z m OF_ � m... N � N � z � • O1.OD N Qt A 2 ./iil. V W p 00 m 10 m to r Q1 C, m v � Gj N ' O� x= 13 (n' q N _I M! O � • co eo m. CO -A .� C , m � o rn rn ' m 99 30' 56` b �- w � O N COMMERCENTER EAST O_ O %otteC by:p0099960 T/30/2010 nPNlgl-902-26-TCE-SheotLCpn ' EXHIBIT 664" PARCEL NO. C-19 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,County of San Bernardino 2/02/2012 WA PLEASE COMPLETE THIS INFORMATION. DENNIS DRAEGER 1'34 PM SG ASSESSOR — RECORDER — CLERK e+ue�uanx , RECORDING REQUESTED BY: P Counter San Bernardino Associated Governments,a Joint ti Powers Authority,acting as the San Bernardino Titles: 1 Pages: 15 County Transportation Commission Dock 2012-0045114 AND WHEN RECORDED MAIL TO: Fees 0.00 Rick E. a Other No samanLLP PAID so.0e 18101 Von Karman Avenue,Suite 1800 Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this Iine) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 - American LegaiNet,Mc. Rec.Form#R25 www.USCourtForms.com l NOSSAMAN LLP RICK E. RAYL(SBN 174257) F I L E D 2 rrayl @nossaman.com SUPERIOR COURT OF CALIFORNIA 3 BRADFORD B. KUHN(SBN 245866) COUNTY OF SAN BERNARDINO bkuhn @nossaman.com SAN BERNARDINO CIVIL DIVISION 4 Special Counsel JAN 19 2012 18101 Von Kalman Avenue, Suite 1800 5 Irvine, CA 92612 Telephone: (949) 833-7800 By Deputy 6 Facsimile: (949) 833-7878 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1103203 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE JOHN M. PACHECO,DEPT. S34 17 Plaintiff, 18 vs S INAL ORDER OF CONDEMNATION 19 BRE/LQ PROPERTIES,L.L.C., a Delaware 20 limited liability company; et al., [Parcel No. C-19] 21 Defendants. 22 First Amended Complaint Filed: March 23,2011 23 [EXEMPT FROM FILING FEES - GOV. 24 CODE, §61031 25 26 27 ,1328 zz 315531 ].DOC FINAL ORDER OF CONDEMNATION I Plaintiff San Bernardino Associated Governments, a Joint Powers Authority, acting as the San 2 Bernardino County Transportation Commission("SANBAG")having applied for entry of a Final Order 3 of Condemnation,having previously stipulated to a Final Judgment in Condemnation, and SANBAG 4 and defendants having waived a Statement of Decision,judgment having been entered, and payment 5 having-been made in full,no other party or person having or claiming to have an interest in the property 6 being acquired or the compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE, IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit"A,"described as Assessor's Parcel 9 Number 0141-402-25, located at 215 E. Hospitality Lane, San Bernardino, California, and more 10 particularly described as SANBAG Parcel Number C-19, consisting of a permanent easement of 11 approximately 983 square feet, along with a temporary construction easement of approximately 1,653 12 square feet,as described in SANBAG's complaint on file in this matter("Subject Property"), is hereby 13 condemned to SANBAG for the purposes of constructing, maintaining and operating the sbX E-Street 14 Corridor Bus Rapid Transit Project ("Project"), for the purpose of all necessary and convenient activities 15 associated with the construction of the Project and for public purposes. The temporary construction 16 easement shall commence seven (7)days from the date upon which SANBAG or its authorized 17 representative provides the applicable defendant with written notice of its intent to commence 18 construction utilizing the temporary construction easement and shall terminate on the earliest of(a)the 19 date upon which SANBAG notifies the applicable defendant that it no longer needs the temporary 20 construction easement, (b) six (6)months from the commencement date of the temporary construction 21 easement, or(c)December 31, 2013. 22 2. Additionally, SANBAG and BRE/LQ Properties, L.L.C., a Delaware limited liability 23 company("Defendant"), agreed to the following provisions: (a)Defendant has elected to retain one on- 24 premise sign at a salvage value of$0.00; Defendant shall, at its sole cost and expense,remove said sign 25 on or before October 1,2011. In the event the sign has not been moved by October-1,2011, SANBAG 26 is granted the right to remove the sign and Defendant abandons said sign. Defendant specifically 27 releases SANBAG from any and all responsibility for said sign, and understands and agrees that this 28 item will be the sole property of Defendant. Defendant shall be liable and responsible for any future I FINAL ORDER OF CONDEMNATION 1 reconstruction,maintenance or adjustment thereto. SANBAG makes no representations or warranties as 2 to Defendant's ability to construct or maintain said sign within the temporary construction easement 3 area; and(b)nothing herein shall be deemed to,nor shall it, constitute a waiver of any claims Defendant 4 may have against SANBAG's contractor, and Defendant specifically reserves all claims, including 5 claims for equitable indemnity, against SANBAG's contractor, for any damages resulting from the 6 negligence or intentional acts of SANBAG's contractor caused as a result of construction of the Project. 7 SANBAG shall provide the full legal name and contact information of SANBAG's contractor prior to 8 the start of construction of the Project. SANBAG shall require SANBAG's contractor to carry,at all 9 times during the course of SANBAG's contractor's work on the Project, general liability insurance in 10 the amount of not less than$2,000,000. 11 3. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 12 public purposes under Article I, Section 19,of the California Constitution,California Public Utilities Code 13 section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 14 for which SANBAG seeks to condemn the Subject Property, to wit,in connection with the Project and 15 for public transit improvements, is and was authorized by law and is and was a public use; the public 16 interest, safety, and necessity require the Project; the Project is and was planned and located in the 17 manner that will be most compatible with the greatest public good and the least private injury; and the 18 Subject Property is necessary for the Project. 19 4. Just compensation has been paid to Defendant, and such sum was accepted by the 20 Defendant, as full payment of just compensation for the acquisition of the Subject Property and the 21 construction of the Project in the manner proposed, including, but not limited to,severance damages, 22 loss of goodwill, loss of or damage to improvements pertaining to the realty, fixtures, equipment, and/or 23 inventory,precondemnation damages, relocation benefits, and claims for attorneys' fees, litigation 24 expenses, statutory costs, and interest pertaining to this action. 25 26 27 28 2 FINAL ORDER OF CONDEMNATION 1 5. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 2 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 3 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 4 shall be cancelled. 5 6 Dated: 7 JUDGt OF THE SUPERIOR COURT 8 9 .10 11 12 13 14 15 16 17 18' 19 20 21 22 23 24 25 26 27 28 3 FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"1" The land referred to herein is situated in the-State of California,County of San Bernardino, City of San Bernardino,and described as follows: PARCEL 1 OF PARCEL MAP NO.7229,IN THE OF SAN BERNARDIN CITY OF SAN BERNARDINO, COUNTY 0,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 72, PAGES 35 AND 36 OF PARCEL MAPS,RECORDS OF SAID COUNTY. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR DRAINAGE AND MCIDENTAL PURPOSES OVER AND AC PROPERTY; ROSS THE FOLLOWING DESCRIBED THOSE PORTIONS OF PARCELS 2 AND 3 OF PARCEL MAP-NO.7279,AS PER P RECORDED IN BOOK 72,PAGES 35 AND 36 OF PARCEL MAPS,AND PLAT NO. 10939,AS PER PLAT RECORDED IN BOOK 152,PAGES 6,7 AND OF MAPS, RECORDS OF SAID COUNTY. LYING WITHIN A STR[p*oF LAND OF VARYING WIDTH, BETWEEN THE SOUTHEAST CORNER OF SAID PARCEL 2 OF ARCELEMAP NO. 9 AND THE HEREINAFTER DESCRIBED POINT-A- BEING 7.00 FEET WIDE BETWEEN THE HEREINAFTER DESCRIBED POINTS"q"AND"B",AND BEING lO.OQ FEET WIDE BETWEEN THE HEREINAFTER DESCRIBED POINT"B"AND THE SOUTHWEST CORNER OF SAID LOT I,TRACTNO. 10939 THE S SOUTHERLY OUTHERLY,WESTERLY AND [TINE OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL NO.2;THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCELS 2 AND 3 OF-PARCEL MAP NO.' ON I UING CE'OF 460.00 FEET'TO A POINT DESIGNATED AS POINT"A", THENCE CONTINUING WESTERLY ALONG NO..3 OF PARCEL Mgp NO..7. E TO THE SOUS SOUTHERLY'LINE OF SAID PARCEL 3;•BEING DESIGNATED AS POINT"B". CORNER OF SAID PARCEL NO... WESTERLY-LINE OF SAID PARCEL NO.OF PARCEL M NO 229 TQ THE SOUTHEAST CORNER OF SAID LOT 1,OF TRACT NO:I0939� ALONG THE SOUTHERLY LINE OF SAID LOT'1•TO-THE SOUT HWESTECQRNER OF SAID LOT 1;BEING THE POINT OF TERMINUS. TOGETHER WTt`II A TRIANGULAR SHAPED-PARCEL OF LAND BOUNDED ON TIM SOUTHERLY BY THE NORTHERLY LIEN:OF THE ABOVE DESCRIBED STRIP OF LAND,THAT A PORTION OF WHICH IS 7.00 FEET WIDE,BOUNDED ON-THE WESTBY OF EASTERLY H IS I LINE OF.THE ABOVE DESCRIBED STRIP OF LAND,THAT PORTION OF WHICH IS 10.00 FEET WIDE AND BOUNDED ON THE NORTHEAST BY THE ARC OF A CURVE CONCAVE TaTHE.N0RTHEAST A RADIUS OF THE FEET,SAID CURVE .BEING TANGENT WITH THE NORTHERLY AND EASTERLY-LINES OF THE-ABOVE DESCRIBED.LAND_ - EXCEPTING--THEREFROM ANY PORTION OF SAID EASE PARCEL NO:2 OF PARCEL MAP NO.7229.* IviENT LYING WITHIN C19-0141-402 25 LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT PARSONS 3200 S.Guasti Road.Suite 200.Ontario,CA?176; .Tcle{ ui•:ar y_i8_;6�.3.Fax�b9 21b 36G6• n�n,:_na:sons.ca;a EXHIBIT A RIGHT OF WAY AP 0141-402-25 THAT PORTION OF PARCEL 1, PARCEL MAP NO. 7229, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 72; PAGE 35 AND 36 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID. PARCEL 1, ALSO BEING ON THE SOUTH RIGHT�OF WAY LINE OF HOSPITALITY LANE; THENCE ALONG.THE EAST LINE OF SAID PARCEL SOUTH 00°34'01' EAST 5.50 FEET TO A LINE PARALLEL WITH AND 5.50 FEET SOUTH OF THE NORTH LINE OF SAID PARCEL; THENCE ALONG SAID PARALLEL LINE SOUTH 89°30'17" WEST 153.89 FEET; THENCE SOUTH 34.°4223" WEST 3.88 FEET; THENCE SOUTH' 89°30'17" WEST 13.92 FEET TO THE WEST LINE OF-SAID PARCEL; THENCE ALONG THE WEST LINE OF SAID PARCEL NORTH GG*ST42^WEST 8.67 TO THE NORTH LINE OF SAID PARCEL;THENCE ALONG THE NORTH LINE OF SAID PARCEL NORTH 89°30'17"EAST 170.05 FEET TO THE POINT OF BEGINNING. CONTAINING 983 SQUARE FEET,MORE OR LESS. ALL AS.MORE PARTICULARLY SHOWN ON•EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 30TH OF JULY,2010 fi • 4� CJYtV �4 ROBERT-EDWARD STEAFFENS,PE 25068 APN 141-02-25 ROW Page 1' ' ' VOP'1LOa4S-Moil-SZ-20b-ibWdd 010VOC/L 096b b00d-AQ P9440{d lee 0 Os N G r. ' U N all O �• O � � qtr Q (J" 0��� a3jN3oa�ww.00 �a� ca�a OD N Q C3 d F- Im r F. mc a, 2 x d tiC W W CD re Z r O J N • 1 ao� O.h ' Nr n o b N o � m o • _ tal o m u� wk • 1[9nrr 3 '02 � C1, � cV� M=� W • • Z O• An M M Q M CD w � r i M • Z to co �^ Z Zlo fry N N t ELQ LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT PARSONS 32W E.0145H RO-W.S:tite 200,Cntar'o.CA 91761 .TF1erl:o^.�:900.218-3600•F:--x EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141-402-25 THAT PORTION OF PARCEL 1, PARCEL MAP NO. 7229, IN THE CITY OF SAN BERNARDINO. COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 72, PAGE 35 AND 36 OF PARCEL MAPS, IN THE OFFICE OF THE CO FOLLOWS: UNITY RECORDER OF SAID COUNTY, DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 1,ALSO BEING ON THE SOUTH RIGHT OF WAY LINE OF HOSPITALITY LANE; THENCE ALONG THE EAST LINE OF SAID PARCEL SOU EAST 5.50 FEET TO THE TRUE POINT OF BEGINNING: THENCE SOUTH 89°30'17" WEST 153.89 a EET, THENCE SOUTH 34°42'23' WEST 3,813 FEET; THENCE SOUTH 89°30'17" WEST 13.92 FEET TO THE WEST LINE OF SAID PARCEL; THENCE ALONG THE WEST LINE OF SAID PARCEL SOUTH 00°33'42" EAST 6.83 FEET TO A LINE PARALLEL WITH AND 10.00 FEET SOUTH OF THE ABOVE MENTIONED COURSE-SOUTH 89°30'17"WEST 153.89 FEET%THENCE ALONG SAID PARALLEL LINE NORTH 89°30'17"EAST 170.05 FEET 'TO-THE EAST LINE OF SAID PARCEL AND TO THE TRUE POINT OF BEGINNING. CONTAINING 1,653 SQUARE FEET,MORE OR LESS. ALL AS MORE.PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 30THOF JULY,2010 AR 1b b 9 civic. & ROBERT EDWARD STEAFFENS,PE 25068 APR 141-02-25TCE Pagel uD0'11oa4S-3JliZ-206-ib W dV OIOZ/O[/L 096v000d Rq pol.told D V N al O p� O ! Sl � a t- Q lu lse� unuoutwvm o uj us N O a .: co.- .� z .. . x o Xa y W a c i °O a • o 0 0 n. W w 4 e . U F lot i W� a °g a� N I!O " - N M bl G U m >7 0 o p ' • ��5' SQL •� � �. 3� ww r M N zr CD " Q M QMLMh M >7 M '• o • N V7 N' !R 2 EXHIBIT 6`5" PARCEL NO. C-21 (FINAL ORDER) [SEE ATTACHED] Recorded in official Records,County of San Bernardino 2/28/2012 PLEASE COMPLETE THIS INFORMATION. DENNIS DRAEGER 813 Am wRO ASSESSOR — RECORDER — CLERK �In RECORDING REQUESTED BY: San Bernardino Associated Governments,a Joint P Counter Powers Authority,acting as the San Bernardino County Transportation Commission DOc#: 2012-0075848 Titles: 1 Pages: 14 AND WHEN RECORDED MAIL TO: Fees No s 0.00 Rick E.man LLP Other e.ee 18101 Von Karman Avenue,Suite 1800 PAID 40.00 Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDERS USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 American LegalNet,Inc. Rec.Form#R25 www.USCourtForms.com I NOSSAMAN LLP RICK E. RAYL(SBN 174257) 2 rrayl@nossaman.com BRADFORD B. KUHN (SBN 245866) SUPERIOR COUPR 3 bkuhn @nossaman.com CoUtM OF SAhd BEPNARDINO SAN BE Special Counsel RNAf1C3!NG DISTRICT 4 FEBA 18101 Von Karman Avenue, Suite 1800 � c:012 5 Irvine, CA 92612 � Telephone: (949) 833-7800t 6 Facsimile: (949) 833-7878 Deputy 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1103204 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE JOHN M. PACHECO, DEPT. S34 17 Plaintiff, ] FINAL ORDER OF 18 VS. CONDEMNATION 19 IHOP REAL ESTATE,LLC, a Delaware limited liability company; [Parcel No. C-21] 20 SAN BERNARDINO PANCAKES, INC., a California corporation, dba IHOP#924; 21 KANTI G. PATEL, an individual; TARA PATEL, an individual; Action Filed: March 9, 2011 22 DOES 1 Through 100, Inclusive; and 23 ALL PERSONS UNKNOWN CLAIMING ANY TITLE OR INTEREST IN OR TO THE [EXEMPT FROM FILING FEES - GOV. 24 PROPERTY DESCRIBED HEREIN, CODE,§ 61031 25 Defendants. 26 y k.. 316733 1.DOC FINAL ORDER OF CONDEMNATION I Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission("SANBAG")having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to a Final Judgment in Condemnation and SANBAG and defendants having 4 waived a Statement of Decision,judgment having been entered, and payment having been made in full, 5 no other party or person having or claiming to have an interest in the property being acquired or the 6 compensation to be paid for the property, and good case appearing: 7 NOW, THEREFORE,IT IS HEREBY ORDERED as follows: 8 1. The Property described in the attached Exhibit"A,"described as Assessor's Parcel 9 Number 0141-402-30, located at 219 E. Hospitality Lane, San Bernardino, California, and more 10 particularly described as SANBAG Parcel Number C-21, consisting of a permanent easement of 11 approximately 998 square feet, along with a temporary construction easement of approximately 1,560 12 square feet, as described in SANBAG's complaint on file in this matter ("Subject Property"), is hereby 13 condemned to SANBAG for the purposes of constructing,maintaining, and operating the sbX E-Street 14 Corridor Bus Rapid Transit Project("Project"), for the purpose of all necessary and convenient activities 15 associated with the construction of the Project and for public purposes. The temporary construction 16 easement shall commence seven(7)days from the date upon which SANBAG or its authorized 17 representative provides the applicable defendant with written notice of its intent to commence 18 . construction utilizing the temporary construction easement and shall terminate on the earliest of(a)the 19 date upon which SANBAG notifies the applicable defendant that it no longer needs the temporary 20 construction easement, (b) six(6)months from the commencement date of the temporary construction 21 easement, or (c) December 31, 2013. 22 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 23 public purposes under Article I, Section 19,of the California Constitution, California Public Utilities Code 24 section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 25 for which SANBAG seeks to condemn the Subject Property in connection with the Project is authorized 26 by law and is a public use; the public interest, safety, and necessity require the Project; the Project is 27 planned and located in the manner that will be most compatible with the greatest public good and the. 28 least private injury; and the Subject Property is necessary for the Project. FINAL ORDER OF CONDEMNATION 1 3. Just compensation has been paid to defendants, and such sums were accepted by 2 defendants as full payment of just compensation for the acquisition of the Subject Property and the 3 construction of the Project in the manner proposed, including, but not limited to, severance damages, 4 loss of goodwill, loss of or damage to improvements pertaining to the realty, fixtures, equipment, and/or 5 inventory, precondemnation damages, claims for attorneys' fees, litigation expenses, statutory costs, 6 interest,relocation benefits and/or costs, and any and all other kinds of compensation, damage,or other 7 claims arising out of or relating to the taking of the Subject Property or construction of the Project. 8 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 9 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 10 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 11 shall be cancelled. 12 13 DATED: 1— �-- 14 R COURT 15 16 17 18 19 20 21 22 23 24 25 26 27 28 z FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"1" The land referred to herein is situated in the State of California,County of San Be City of San Bernardino,and described as follows: Bernardino, PARCEL A: PARCEL I OF PARCEL MAP NO 6998, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA., AS PER MAP RECORDED IN BOOK 68 PAGE 21 OF PARCEL MAPS,RECORDS OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE SOUTH 0°34' 04" EAST, 17.00 FEET; THENCE SOUTH 89'30' 14" WEST 5.00 FEET; THENCE NORTH 0'34' 04" 17.00 FEET; THENCE NORTH 89'30' 14" EAST, 5.00 FEET TO THE POINT OF BEGINNING. NOTE: A CERTIFICATE OF COMPLIANCE APPROVING LOT LINE ADJUSTMENT AFFECTING SAID LAND RECORDED APRIL 19, 1983 AS INSTRUMENT NO. 83-083135 OFFICIAL RECORDS_ PARCEL B: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THE NORTH 150 FEET OF THE EAST 30 FEET OF PARCEL 2 OF PARCEL MAP NO.6998, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 68, OF PARCEL MAPS PAGE 21 IN THE OFFICIAL RECORDS OF SAID COUNTY, AS GRANTED IN SUBJECT TO THE TERMS OF THAT CERTAIN GRANT DEED DATED DECEMBER 10 1982 RECORDED MARCH 3, 1983 AS INSTRUMENT NO 83-045417, IN THE OFFICIAL RECORDS OF SAID COUNTY, AND IN GRANT OF EASEMENT APPURTENANT (CONCURRENT WITH GRANT OF REAL PROPER BY AND BETWEEN BRUYEA POND MOTELS AS GRANTOR AND KETTLE RESTAURANTS, INC, AS GRANTEE, EXECUTED IN DUPLICATE AND RECORDED MARCH 3, 1983 AS INSTRUMENT NO. 83- 045418 AND MARCH 8, 1983 AS INSTRUMENT M. 83-048283, IN THE OFFICE OF-THE COUNTY RECORDER OF SAID COUNTY- _C21-141-4M 30-AtYadmjad 1.doc LEGAL DESC RIPTION AND PLAT MAP FOR PERMANENT EASEIv1ENT. PARSGNS 3200 E.G i a SU Ram,Soi!E 20;.Onta,i.;.Cf.3?To EXHIBIT A RIGHT OF WAY AP 0141-402-30 THAT PORTION OF PARCEL 1,PARCEL MAP NO.6998, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 68, PAGE 21 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1, ALSO BEING ON THE SOUTH RIGHT OF WAY LINE OF HOSPITALITY LANE; THENCE ALONG THE NO FA RTH LINE OF SAID PARCEL NORTH 89°30'17" ST 165.00-EEET TQ THE EAST LINE OF SAID PARCEL AS AMENDED BY LL-A 83-3; THENCE ALONG THE EAST LINE aF SA!D PARCEL SOUTH 00 34'01 EAST,A DISTANCE OF 8:67 FEET;THENCE SOUTH 89°30'17" WEST; A DISTANCE OF 2� 3�4 FEET;THENCE NORTH 35°41'49"WEST,A.DISTANCE'OF- E FEET;THENCE SOUTH-I 89'Q30'11'-WEST, A DiSTAI�ICE OF 135.43 FEET; THETtCE NOI�TFi :00" "(1'"WEsT, A.DI.S.TANCE OF 5.50.FEET T,O THE PQ1111 OF BEGQ IN VINE. CQNTAINING.9:. SQUARE FEET.MORE OR LESS: ALL AS MORE FRARTICULARLY SHOYIWN'ON EXHIBIT B ATTACHED HERETO`--AND.MADE A PART HEREOF. DATED:THtS27TH_OF MAY,2010 RG3BE�t E0Wi4R(#qTr—WJ=N ,PE 22w6a as QY �-ti► `� llii Of��= Q ' o M 'A' n~ . r� 1 m Q WT o :?S• rZ `n i► � D W 30' 56' WEST LINE PARCEL 2 AS AMENDED r BY LOT LINE ADJUSTMENT N0. 83-3 a DOC # 83-083135 O.R. m REC. 4/19/1983 s � w � p � N N O_ O Plotted by:0004 q 960 8/19/2010 APM91-402-10-FiOA'-Shaetl.d9n LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT PARSONS 3240 E.GM'S'i licad.Suite:v(i.Onixio.Ci%9 i 70 _ P+ar.>_:9"r�iE-sE^0• �• :�,;_�En<< .;,,,M,.Pzrsons.cuu: EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141-402-30 THAT PORTION OF PARCEL 1,PARCEL MAP NO.6998,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK%PAGE 21'Op COUNTY OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY.RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS-. 2 OP _ COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 1,ALSO BEING ON THE SOUTH FIGHT OF WAY LINE OF HOSPITALITY LANE;THENCE ALONG'THE WEST UNE OF SAID PARCELbl(TCi U0°34'01" EAST 550 FEET TO THE TRUE POINT bF BEGICJNING;THENCE NORTH 89°30'17"EAST 135 4 .FI=E.4 THENCE SOUTH 35°41'49"EAST 3.88 FEET;TH"ENGE NORTH 89°30'17'EAST 27.34 FEET Tb T1=1EtAST LINE QF SAID PARCEL AS AMENDED.BY LL=A 833 THENCE ALONG THE EAST LINE OF�qlp p 004 '01 EAs r6 8.3 FERT TO,A,LIME PAI-ALLEL llullli AND 15.5A:FEET SOUTH O Tl�I �}(11 SAil PARCEL;THENCE ALONG SA#D LJNE$oullm 8J 30� SAID.aARCEI; 11f�ICE ALONG DIVE LINE bF SAID RARLrNOETH QO°84'01" ST 70 00 EET TO THE TF311E POIPI7:diF BEGENNING. e'oWA'"lNG'1,560:-8 0UARE FEET,MORE✓OR LESS: ALL A.8 MOEtE FARTIGULAIZtY SHOli1lN()► t-mmT BATTACHIrD.HERETO AND MAC2EA.PAR H'E FI WF. ml-w Tko-tg;TH OF:A:UGUST,Zq'1.0 llll GyA. _ RItERT 120WARD ZTEAFF15NS,I?E W6b AiTi14z.-: z.-:R&_ - -. Y.c s>•. s m. Ci :v t4 af5f Eck ,00 [i o y OF! i�a o y - - a �"ell 30' WEST LINE PARCEL 2 AS AMENDED r z OY LOT LINE ADJUSTMENT N0: 83-3 a DOC # 83-083135 O.R. rn REC. 4/19/1983 r g 0 1. M O N N O O Plotted hY�P0094960 8/19/2010 nP Iv141-402-30-T CE-S Me tl.d g n EXHIBIT 6`6" PARCEL NO. C-22 (FINAL ORDER) [SEE ATTACHED] PLEASE COMPLETE TERS INFORMATION. Recorded in Official Records,County of San Bernardino 6/26/2014 Goy DENNIS DRAEGER 3:33 PM RECORDING REQUESTED BY: s;r ASSESSOR — RECORDER — CLERK HP San Bernardino Associated Governments,a Joint Powers Authority,acting as the San Bernardino "` P Counter County Transportation Commission AND WHEN RECORDED MAIL TO: DOC#: 2014-0231388 Titles: 1 Pages: 38 Rick E.Rayl Fees 0.00 Nossaman LLP I18 101 Von CA 926 Z Othe $e. an Avenue,Suite 1800 Other 00 [EXEMPT FROM FILING FEES- GOV.CODE, S 61031 THIS SPACE FOR RLCOWLI?S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED 1'0 PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9195 Rea Form NR25 American urtFor r,Ine. www.USCourtForms.eom • 1 NOSSAMAN LLP1 r RICK E.RAYL(SBN l 74257) `�® i 2 rrayl@nossaman.com c`� Y FILED-Central � BRADFORD B. KUHN (SBN 245866) gUPERIOR COURT 3 'NO COUNTY bkuhn @nossaman.com SAN 4 18101 Von Karman Avenue, Suite 1800 APR Z 3 2014 Irvine, CA 92612 5 Telephone: 949.833.7800 Facsimile: 949.833.7878 6 Deputy 7 Attorneys for Plaintiff SAN BERNARDINO ASSOCIATED GOVERNMENTS, 8 A Joint Powers Authority,acting as the SAN BERNARDINO 9 COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1103202 GOVERNMENTS,a Joint Powers Authority, [Consolidated with Case No. CIVDS 1103205] 15 acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION, ASSIGNED FOR ALL PURPOSES TO: 16 HON.JOHN M.PACHECO,DEPT. S34 Plaintiff, 17 vs. JPROPOSM FINAL ORDER OF 18 CONDEMNATION HOSPITALITY LLC,a California limited 19 liability company; et al. [Parcel Nos.C-I8/C-20; C-22] 20 Defendants. Date Action Filed: March 9,2011 21 Trial: January 13,2014 22 [EXEMPT FROM FILING FEES—GOV. CODE,§61031 23 24 25 g e' 26 27 28 OC IMAN 354537 1.DOC FINAL ORDER OF CONDEMNATION I I Plaintiff San Bernardino Associated Governments,a Joint Powers Auihority,acting as the 2 San Bernardino County Transportation Commission("SANBAG"), having applied for entry of a 3 Final Order of Condemnation,having previously stipulated to a Final Judgment in 4 Condemnation,a Final Judgment having been entered, and payment having been made in full,no 5 other party or person having or claiming to have an interest in the property being acquired or the 6 compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE,IT IS HEREBY ORDERED,ADJUDGED AND DECREED 8 AS FOLLOWS: 9 1. The property described in the attached Exhibit"A"representing portions of the 10 property designated as Assessor's Parcel Numbers 141-412-33,-34,and -35,located at 118 and 11 204 E.Hospitality Ln., San Bernardino,California,and more particularly described as SANBAG 12 Parcel Numbers C-18, C-20 and C-22,as described in SANBAG's complaints on file in this 13 matter("Subject Property"),is hereby condemned to SANBAG for the purposes of constructing, 14 maintaining and operating the sbX E-Street Corridor Bus Rapid Transit Project("Project"), for 15 the purpose of all necessary and convenient activities associated with the Project and for public 16 purposes. 17 2. SANBAG is and was authorized and entitled to exercise the power of eminent 18 domain for public purposes under Article I,Section 19,of the California Constitution,California 19 Public Utilities Code section 130220.5,and California Code of Civil Procedure sections 1240.010 20 through 1273.050. The use for which SANBAG seeks to condemn the Subject Property,to wit, 21 in connection with the Project and for public transit improvements,is and was authorized by law 22 and is and was a public use;the public interest, safety, and necessity require the Project;the 23 Project is and was planned and located in the manner that will be most compatible with the 24 greatest public good and the least private injury;and the Subject Property is necessary for the 25 Project. 26 3, Just compensation has been paid to the defendants,and such sums were accepted 27 by-defendants. Said payments shall equal the total amount of just compensation owed to 28 defendants for the Subject Property and all other claims and damages which defendants could OC iMAN 354537 LDOC - 1 - FINAL ORDER OF CONDEMNATION I have as a result of this action,the acquisition of the Subject Property,and the construction and 2 operation of the Project in the manner proposed,including,but not limited to,severance damages, 3 loss of goodwill,loss of or damage to improvements pertaining to realty,fixtures,equipment,and/or 4 inventory,precondemnation damages,leasehold bonus value,claims for attorneys'fees,litigation 5 expenses,statutory costs,interest,relocation benefits and/or costs and claims,and any and all other 6 kinds of compensation,damage,or other claims arising out of or relating to the taking of the Subject 7 Property and construction and operation of the Project in the manner proposed. 8 4. The right in and to the Subject Property shall vest in SANBAG upon the 9 recordation of this Final Order of Condemnation in the office of the Recorder of the County of 10 San Bernardino, State of California. All liens, leaseholds,and encumbrances of whatever kind 11 and nature on the Subject Property shall be cancelled. 12 13 Dated: �_t 1 d e o the uperior Court 14 JOHN M. PACHECO 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OC ]MAN 354537 1.DOC -2- FINAL ORDER OF CONDEMNATION VAP9 3o ItoWS-3J;-4C-216-LaWdi OW21V6 096il►004'RQ Po}loCd 0 eoav +off d n z . 8L6t/Ol/b '03� '23'0 905 SOS / LOk6 30 310i I"' 3Nt�t 1�3�t � Ln Y Y_ •� iY- yE a Al- MIR a,`�• i .��.�' MAN flof �' ,,mss:���•Y p` ;o- � (�'1 j I hereby-oer fy under penafty.of perjury th$t the foregoing is true end-convet. Executed this.2'`l day of ' , 20 Y atry`��t California ftnicre -e ei c1-ed C�ari y ATTACHMENT PARCELS 1 AND 2, PARCEL MAP NO. 7765, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 86, PAGES 74 AND 75 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SALD COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTH LINES OF SAID PARCELS I AND 2, NORTH 89 DEG 30' 14" EAST 318.14 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 2 THE FOLLOWING 5 COURSES AND DISTANCES, NORTH 00 DEG 19' 47" WEST 35.00 FEET; THENCE NORTH 89 DEG 30' 14" EAST 28.00 FEET; THENCE NORTH 00 DEG 19' 47" WEST 119.05 FEET; THENCE SOUTH 89 DEG 30' 14" WEST 20.00 FEET; THENCE NORTH 00 DEG 19'47" WEST 29.00 FEET TO NORTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTH LINES OF SAID PARCELS 2 AND 1, SOUTH 89 DEG 30' 14"WEST 326.14 FEET TO TIIE NORTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE WEST LINE OF SAID PARCEL 1; SOUTH 00 DEG 19' 47" EAST 183.05 FEET TO THE POINT OF BEGINNING, BEING PURSUANT TO CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT TO COMBINE TWO PARCELS INTO ONE PARCEL, RECORDED APRIL I9, 1985 AS INSTRUMENT NO. 85-092585 OF OFFICIAL RECORDS. C18 and C20:0141-412-33 and 0141-412-34 EXHIBIT I C18/C-20 Legal Description and Plat Map for Temporary Construction Easement PARSONS YV)c Gu._:s6 Road,Su:.e 20, Ontario.CA 3W6i .T:lei.one;?'J0-2t;,-3FC0-Fax 944.21 �8-3dG5• tin.•.:v.parsons ccn EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141-412-33 THAT PORTION OF PARCEL 1,PARCEL MAP NO.7765,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN B.ERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 86,PAGES 74 AND 75-OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1.,ALSO BEING A POINT ON T7-IE NORTH RIGHT OF WAY LINE OF HOSPITALITY LANE;THENCE ALONG THE SOUTH LINE OF SAID PARCEL SOUTH 89°3017" WEST 210.14 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL;THENCE ALONG THE WEST LINE OF SAID PARCEL NORTH 00°19'50"EAST 1.50 FEET TO A LINE.PARALLEL WITFI AND 1.50 FEET NORTH OF THE SOUTH LIME OF SAID PARCEL;THENCE ALONG SAID PARALLEL LINE KORTH'89°30'17"EAST 202.08 FEET; THENCE NORTH 34"42'23"EAST 10.40 FEET;TI-IENCE'NORTH{89°30"17'EAST 1.69 FEET TO THE EAST LINE OF MI6?ARCEL;THENCE ALONG SAID EAST LINE SOUTH 00"1950"WEST 10,00 FEET TO THE F O1NT OF BEGINNING, CONTAINING-355 SQUARE FEET,MORE OR LESS. ALI�AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED.HERETO AND MADE A PART HEREOF. D"ATEO'THIS.30TH DAY OF AUGUST, 2010 rn . I; ER EIIWAFtD'ST :f FENS,PE 25068 F;EOISTRATION EX- P[. ES 12/31/11 EX14LBIT 2 ' tie 1 �. tR.W OP O v gy M G 9 O ED -. 4 N O W•p 30.1 0 :rn ai> Y� ail 1 .5' ggi bo TP m o- 1 O m •a o � _ x . tis A r � N W .Z W UI to _ m DINERS COURT o m -� o O N W O_ O Piny I od by:p 00449 6 0 9/1!2010 APNI4l-112-J3-TCE-5rledtf of Ldgn �A--W RSONS 3200 E.Gu"nsti Road.Suite 200,O.^.lario,CA 5176c M-21S- 600•Fax 9f9-21+J-335• 't'vnv.parsons.L:o-n EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141-412-34 THAT PORTION OF PARCEL 2, PARCEL MAP NO.7765,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP'RECORDED W BOOK 86,PAGES 74 AND 75 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 2,ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF HOSPITALITY LANE:THENCE ALONG THE SOUTH LINE OF SAID PARCEL SOUTH 69'30'17" WEST 1023.00 FEET TO THE-SOUTHWEST CORNEfZ OF SAID PARCEL:THENCE ALONG THE WEST LINE bF SAID PARCEL NORTH 00'19'50"EAST 10.00 FEET TO'A LINE PARALLEL WITH AND 10,00 FEET NORTH OF THE SOLM I LINE OF SAID PARCEL:THENCE ALONG SAID PARALLEL LINE NORTH 69•'30''17"EAST 30 13, FEET. SOUTH 35'41'49'FAST'10.40 FEET TO ALINE PARALLEL WITH AND 1.50 FEET NOR1 H OF THE SOUTH LINE OF SAID OARGEL;THENCE AMONG SAID PARALLEL LINE NORTH 89.°30'17"EAST 71-74 FEET TO THE EASTERLY LINE(3F SAID PAE kCEL;T`HE,0GE ALONG THE EAST LINE OF SAID PARCEL SOUTH 00'19'44"EAST 1.50 FEET TO THE POINT OF BEGINNING, CONTAINING 444 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 10TH DAY OF JUNE,2010 QtjfESSlpl; is T '•`�GI ti r Z �mr rn. ' IJ E20BEftl [DWftiFtD S - NS, PE 25068 REGISTRATION EXPIRES 12/31/11 APN 0141-412-34 TCE' ���1 b. .Ui •" W .. ° tdpTt �.. 7 .. D O Ui O oho m c W -Vt tn. O f o m Z -� W .b G! O .O a _a •A ..:: Z C� !?i rri 7T1 �i fil ?c Q rn w m Jc4 N oiu z.ry 0 ' . DINERS C;QURT w o C Q K" 10' 4Y �� a� N •r a `ter ry J N .d m m 30" 56' a m z a 'o Ptoftod 6yepp044954 6lt0/ZO{p AS'M4h412-34-10E-Shootlof LAOn C-22 Legal Description for Larger Parcel ATTACHMENT"1" The land referred to herein is situated in the State of California,County of San Bernardino, City of S2 Bernardino,and described as follows: PARCEL A: PARCEL 3 OF PARCEL MAP NO,7765,IN THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS SHOWN By MAP ON FILE IN BOOK 86,PAGES 74 AND 75 OF PARCEL MAPS,I-,,CORDS OF SAN BERNAR,ISiNO COUNTY,CALIFORNIA. PARCEL B: A NON-EXCLUSIVE EASEMENT FOR VEIUCULAR AND PEDESTRIAN INGRESS AND EGRESS,AS CREATED By THAT CERTAIN DOCUMENT ENTITLED RECIPROCAL GRANTS OF EASFMENT AND DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS DATED APRIL 3, 1 X78,RECORDED MAY 22, 19781N BOOK 9437,PAGE I I01(?OF OI FICIAI,RECORDS,WF]IC11 NONLXCLUSTVE EASEMENT IS API'URTENAM' TO AND>:OR TIM 13ENEFIT OF PARCEL A ABOVE DESCRIBED, i C22-141-412-35 EXHIBIT I C-22 Legal Description and Plat Map for Permanent Easement PARSONS 13(0 E.Guosti Suit ZZW- :.rid,C!,-gi761 2 t,ddOU•F:,x w5�-2'I P,-�6:!5• ��Yrv-parsor,5.rom EXHIBIT A RIGHT OF WAY AP 0141-412-35 THAT PORTION OF PARCEL 3,PARCEL MAP NO. 7765,IN THE CITY CIF SAN BERNARDINO.COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 86,PAGES'T4 AIJO 7&OF PARCEL MAP5, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED HAS FOLLOWS; PARCEL A BECI N.itf,G AT T"E-50UTI-IEAST CORNER OI'SAID PARCEL 3,AL.'O:BEING.A POINT*ON ryj lE N "Ti RiGIiT OF A 41Ni 4F HO$I�ITALITY LANE:TI1ChICE AL C?,N.0 TNI^SQUTH Lit CAF AIi3 PAR 1 St1Uff S 8;°3017' UU T A I�I�'3'f ANOE 11F 9.0 03 F t (t;}POI ;1 'A",-A.tai N(3f2�'N 8 "'2'05•E145 ,.A i3IS'CJ�NCG;CS 764' FE I C t T~t�IGE NORI`H 1`AS`f,, fyISTAh1rAE OF 2Z 43 FbI' TO! RA T 1,INE.OF'SAfQ PAMML 3; }SIC SOUTH 00 1944 EAST ALOI�G'SAIfS FAST LttE,A LSISTANC Cf�1~ PT`'TO TtIE P.IJIt+fT CSF [EC�li� ltl�t . CONTAINING-116 SQUARE FEE7,MbRr OR LESS: AAf3ML.B COMtvlENtIt IUY POINT A"C flWRI8QD A13ovp,@EINC A P¢(NT ON T}ff_SOUTH L{fVE OF A1D P { CrEt�, SA►a G`O I R`s E r l 1{�/t N C y A BEARIt C I F S$0 yK t S is 17" 1.J AlS3E= (Thia D SCIU l71'�.ii'�t&& ,t H Ew[,A DISTANCE OF 32 7`3 FEE I T THt=TR> �l)f iyl t5F$ tthC SCI" Tt�LY'A11fA113;L11`16..FlE7tSAiC3> t4E FCET`�F1�fC ©t (Ff "`Q ' 3 AppT EA#T;A, i5 �t= 7 'S- >r I`1;0 hiC Tf [)El?C�liltOl;B!^OfNtVtN TESTe-ntrr 37° s CQt�fi�AtN(NC`F 'SQUr<1RE FEEC,Jv1OR5_41R LE99:- A1,L A.S MQ.f?ffE P:AR'I-t.QULA;RI:Y SHOWN-:ON EXf�1OT %AT�AOHEI] DATED TEAS,30TH DAY Or-A(j(2II8T,1010 E�`S o AE �f'3W•� I , PE: 7tP1101.41417 35 ROW Page 1 EXHIBIT 2 W ZiC N ff1 li•J co t3lt�to's i1A.T , WW I ell, 0 ."'o i 30, ;xdN m p r 1 1^ r j \ N � rriI M > W 1 -1 z WEST LINE~ o c> D CERTIFICATE OF Q, m p CORRECTION O° w 9407 / 505-506 O.R. REC. 4/10/1978 O Ili y j� O r4ofroa by.poo443so �nizoto APMM-g12-JS-t1OH-ShpoSI of Ldpr1 i C-22. Legal Description and Plat Map for Temporary Construction. Easement PARSONS Guaai Road,Su,te 200.Ow W10.CA rot G� l,.(JJ•`aA nil:l-2';5-�ou$• \'i V/:Y. p nu(�,S-;Oiil EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141-412.3;i THAT PORTION OF PARCEL 3.PARCEL MAP NO.7765 IN THE CITY-OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 8f, M ES 74 APS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCR PAG $ED AS FOLDLOW6 PARCEL COMMEN,CING AT THE SOUTHEAST CORNER OF SAID PARCEL 3,ALSO%ING A POINT ON THE.NORTH !?IGH`t f)F WA'Y L INE CJE HOSPITALITY LANE,THENCE•AWNIG THE SC)UTI-!LINE OF$A[p- i�1 tCEI�S,QIITW 83°3017"WES c 9A AS. ET'TQ TI1E TRtI POINT 4F gl:G N'LNG THEI!!CE CC)NTtIVUINO.WE81T?R l•ALQNG -SAID!INE A Ql;,TANCE O('3273 FC I';TFlEN E lyCSR !-! TFiENG'ir tSOUT}'I n7"5•g'g5>`y�/�t A DI "66., dF 3S F E-F' iJISTPiNCI O Z 7 FC T; g! 'raft OF 1 - r0 q s I�I�ONE.TI�E?nt' snvtrl$� 3 �7 v�tlr r,� A c�U rA , O 131 rp�I� r LIIV of _ I } . +i €�r}T�t unl . ArD�ni>rsr!-j-g A [ > F 1.5Q a; 4 TE Ic FORTH � La� THEN NOR7t{87°a'z�'{?5" AS't A bi:r 1�+I�f; I' ;#IJ� 1cE 1-7 a i 33°4�I2 Ct'�7Fsx3;5t7 Qr 10',00 izCl THENCE NQf t Fir°.SZ05"E�AST A OtSTAt�7G :0�3t 2 !`E EAST,A DfS7 ICE 1 AjS Cl-A OIS7ANC OF 1 A(?A ,ET TH NC I�IORTFi 87°$ 'A�?' 7 IrrEV 50t�TH 37°`2QY11 tYbRTI °3A 1.1�'SST A" i I�tVCE OP 51 FEET TO rr�e SI"fINE 6Al t o 117,18 Eft pqr- ALI?NC,`..`�AID E/LSTf LINE`�1 AI5`fQNGE�?F ,(l�j P ,(�T. IE�IGE SOU7 M$9"Q'17"�t1tMa ETe'TI1IzNGE SOU AtIE1 £TH 1}tl�g�,fL,DI Y fVGE DF 87,64'rEE!70 TI1E"1fiLTk'A 1N! OF B tIV GO71fTk[fs11N '(;255 SQUARE F 7;Mb OR LF�s. AtL.AS IvSCJl !✓PAFL77CULARLY Iif 1NN'Qry 3Cf�fe T B Art`PI LIL[ HERETO AND MADE PAft fil:.t� or. DATED T"W-00TR QV Op AUOI•J�7, On Ft, OMIT LDWAR4 N%P!`2.50 u REGI T I2ATIOl�1;EX{'I; 1 Z1311f.! >: r it [;7�J fII3T"I'3 C 18/C-20 Legal Description for Larger Parcel � roma,� �� ? 't4€z � c5 Xi O li-3 !?? j W,+9F. sa �4 T ' of ED z CIO a � US> VEST LINE CERTZFICgTE OF CORRECTION 9.407 / 505-506 O.R. a REC. 4/10/1978 - -o _ _ O O Flotiorl by:p00g4960 9/I/ZOKJ A1'N1AI-91z-JS-iCE-Stw�t4 of Ld9n I hereby`wMfy under penalty of perjury ftt the foregoing is true and-correct. Executed this _V day of , 20_'L at V ?C_-' , California ?SlgnaEure I i I See Ot a-- Ch-e_4 6-f dan}y ATTACHMENT"1" PARCELS I AND 2, PARCEL MAP NO. 7765, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 86, PAGES 74 AND 75 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTH LINES OF SAID PARCELS 1 AND 2, NORTH 89 DEG 30' 14" EAST 318.14 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 2 THE FOLLOWING 5 COURSES AND DISTANCES, NORTH 00 DEG 19' 47" WEST 35.00 FEET; THENCE NORTH 89 DEG 30' 14" EAST 28.00-FEET; THENCE NORTH 00 DEG 19' 47" WEST 119.05 FEET; THENCE SOUTH 89 DEG 30' 14" WEST 20.00 FEET; THENCE NORTH 00 DEG 19'47" WEST 29.00 FEET TO NORTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTH LINES OF SAID PARCELS 2 AND 1, SOUTH 89 DEG 30' 14"WEST 326.14 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE WEST LINE OF SAID PARCEL 1, SOUTH 00 DEG 19' 47" .EAST 183.05 FEET TO THE POINT OF BEGINNING, BEING PURSUANT TO CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT TO COMBINE TWO PARCELS INTO ONE PARCEL, RECORDED APRIL L9, 1985 AS INSTRUMENT NO. 85-092585 OF OFFICIAL RECORDS. C18 and C20:,0141.412-33 and 6141.412-34 0 0 C18/C-20 Legal Description and Plat Map for Temporary Construction Easement PARSONS 32GI E.Guasi Road.9--Ate 2fi:' OnllHo.CA 017u1 .T.lerione:7.j9_21Z—fCQ•Fax�109-218-3iZS• ww.v.p-r ons eom EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0 141-412 33 THAT PORTION OF PARCEL 1,PARCEL MAP NO.7765,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN B.ERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 86,PAGES 74 AND 75.OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1,ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF HOSPITALITY LANE;THENCE ALONG THE SOUTH LINE OF SAID PARCEL SOUTH 89°30'17' W EST 210.14:FEET TO THE SOUTHWEST CORNER OF SAID PARCEL;THENCE ALONG THE WEST LINE OF SAID PARCEL NORTH 00°19'50"EAST 1,50 FEET TO A LINE PARALLELWITH AND 1;50 FEET NOR'I'k10F'TH SIOUCH-LINE OF SAID PARCEL;THENCE ALONG SAID PMA, LEA LINE l`tOR`CH 89-30-1-F.-EAST 202.68 Z"EEt; THEI;tC-.�E NQ.R` H,34°42'23"EAST 10.40 FEET;THENGE'N(Oht 80 30'17'SAS`) {.:89 FEE t TO THE'EAST LIKE, T OF`Aib PARCEL;THENCE ALONG SAID EAST LINE SOUTH 00"*l9*50''WEST Id.oa FEET TO THIt P010T OF BEGV;NOWG'; CONTA)INJING-355.SQUARE FEET,MORE OR LESS. M A$MORE PARTIC.QLARLY SHOWN ON EXHIBIT RATTAGHEU.HERETO,AND MADE A PART HEREOF. DA'Z`ED THIS 30TH DA''OF AUGUST,2010 Qg�9EE�srp ~ p` R tx E#OWK S FENSx E,26068 REP,ZaT(i2Al'ION��::ES'f�/3•'1(11 �. ' � �'• R• .. '���i�3.�.Vii;•: - ... .. .. _, . .....-... _ ...- -... • C}agc Y m v+uw w p m m n (A z z w z to c m w m o 00 N O a o O O --3d' 56' c W Z a GZ7 o >< mmmm -f a oLr ° A m 0 N i V. $ry Y H O AO O� 1 .5' yc Y' .` s vN C ® V0 �d N --op � nr�nt 0 0 1'17 -� x 0 -0 _ o z i w C 'j► � -� O w z W O m DINERS COURT ri rn m m z w 9�9 ff DD - o 0 Pio Ytod 17Y:00044360 9/1/2010 APM41-412-33-TCE-Shoo'No'f I.d9n maw AIL 3200 E.Guasd Road,Suite'200,Csgtario,CA 9170, .TeVepbone: Fax 3G9=218-36p5• xvnv.parswis.corn EXHIBIT A TEMPORARY CONSTRUOTION EASEMENT AP 0141-412-�34 THAT PORTION OF PARCEL 2,PARCEL,MAP NO.776S.IN.THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER-MAP"REG(?F;ti7ED IN BOOK 86,PAGES 74 ANb 75 OF PARCEL MA IN THE OFFICE OF THE•COUNTY RECO RD PS, ER'OF SAID COUNTY,L)ESCRIBED AS FOLLOWS: BEGINNING ATT14E SOUTHF-AtT 0OR19ER OF SAIQ PARCEL 2,ALSO.BEING A POINT ON THE N€IRTH RIGHT OF WAY LINE OP HOSPIl ALtTY LANE; rkSNC AtdNG THE SOUTH LINE of SAID PAF26EL SOUTH 89°30'17" WEST 108 QO FEEL T(3 THE SOtlTI!WEST CORNER 6F SAiD pAROEL;.THENCE ALONG THE WEST LINE OF $AiQ PARGF. NORTH 00°19'50"EAST lo.00 FIWI='I'` 6'A LINE PARALL> L WITH* P1IVD 10;00 FEET NORTH OF THE SOUTH LINE OF SAI"RARGi*L;THENCE ALONG SAID'PARALLEL LINE NORTH 89"30'17`EAST.30.13 FEET;THENCE SOLrll h t'49`> A$T 1 Q 40.k' T TO A LINE PARALLEL WITH ANt�1,60 FEET Ndk- t OF THE SOUTH LINE OF SAID PARCEL;TH640t ALONG SAID PARALEFL LINE NORTH b9YW*'EAST 71.74 FEET-TQ THE EASTERLY LINE'OF.SAID PARCEL;TliE'0 'E ALONG THE EAST LINE OFSAID PARCEL SU131 H 00°1944"EAST 1.5.0 FEET TO THE POINT OF BEIGINNiNd, CONTAINING 444 SQUARE FEET,MORE OR LESS, ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE.A PART HEREOF_ DATED THIS 10TH DAY OF JUNE',2010 ROBFER`T ftbWARD S {V$,PE 25068 s� REGISTRATION EXPIRES 12/31/11 `s�, "VIIL • OF'G�,1F_ APN 0141-412-34 TCE Page 7 totizzcn. 4 to t W oj 4 oa r-1 n r A m rn rn m to � Q i • o 0 aouo Q � �1 G— �s Po 0 a:o -o A - DINERS COURT _ c,a a .n A d - lap 4ft o m o x Ea3 30.1 6' rn a o � b 0 %bt#4d tsY Ob449130 G/lQlxCfIA APt44l-42-34-ME-Shoa..tu;Upon C-22 Legal Description for Larger Parcel ATTAM4ENT"t" The land referred to herein is situated in the State of California,County of San Bernardino, City of San Bernardino,and described as follows: PARCEL A: PARCEL 3 OF PARCEL MAP NO.7765,IN THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS SF-IOWN BY MAP ON FILE IN BOOK 86,PAGES 74 AND 75 OF PARCEL MAPS,RECORDS OF SAN BERNARDINO COUNTY,CALIFORNIA. PARCEL B: A NON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS,AS CREATED BY THAT CERTAIN DOCUMENT ENTITLED RECIPROCAL GRANTS OF EASEMENT AND DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS DATED APRIL 3, 1978,RECORDED MAY 22,1978 IN BOOK 9437,PAGE id I O OF OFFICIAL RECORDS,WHICH NONEXCLUSNE EASEMENT IS APPURT"I;NANT TO AND FOR TI-M BENEFIT OP PARCEL A ABOVE DESCRIBED. r ' I C22=141412-35 I I C-22 Legal Description and Plat Map for Permanent Easement PARSONS E..(_�i;.gki fi',.':) �.J!'� %�1V �: i^i'i. �' C'1/+::.1 r 1 I,:..'.1_i(, t �. _.�-c .;.�;;ci=r-.X .11,., r • r. F ..r'Jf:: :0n. EXHIBIT A RIGHT OF WAY AP 0141-412-35 THAT PORTION OF PARCEL 3, PARCEL MAP NO.7765, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 86, PAGES 74 AND 75 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: PARCEL A BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 3,ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF HOSPITALITY LANE;THENCE ALONG THE SOUTH LINE OF SAID PARCEL SOUTH 89°30'17" WEST,A DISTANCE OF 90.03 FEET TO POINT"A";THENCE NORTH 87°52'05"EAST,A DISTANCE OF 87.64 FEET;THENCE NORTH 89°30'17"EAST, A DISTANCE OF 2.43 FEET TO THE EAST LINE OF SAID PARCEL 3; THENCE SOUTH 00°19'44" EAST ALONG SAID EAST LINE,A DISTANCE OF 2.50 FEET TO THE POINT OF BEGINNING. CONTAINING 116 SQUARE FEET, MORE OR LESS. PARCEL B COMMENCING AT POINT"A" DESCRIBED ABOVE,BEING A POINT ON THE SOUTH LINE OF SAID PARCEL, SAID COURSE HAVING A BEARING OF SOUTH 89°30'17"WEST;THENCE ALONG SAID SOUTH LINE. SOUTH 89°30'17"WEST,A DISTANCE OF 32.73 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING WESTERLY ALONG SAID LINE,A DISTANCE OF 41,48 FEET;THENCE NORTH 33°04'12"EAST,A DISTANCE OF 1.29 FEET;THENCE NORTH 87°52'05"EAST,A DISTANCE OF 39.15 FEET;THENCE SOUTH 37°20'01" EAST,A DISTANCE OF 2.74 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 66 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 30TH DAY OF AUGUST,2010 4Pi3EESS1 r ARO SA ` r f � .-71y✓- �.-.. ,cv �_. ' rah N0. rvr ROBERT EDWARD STEA FENS, PE 25068 d ;2 068," REGISTRATION EXPIRES 12/31/11 FOF/0 tF� APN 0141-412-35 ROW Page 1 DINERS COURT /�j �� x `J�ij�� N Z Z Vf N N z z N �7 w QO W DO W O W W Oo a —i w an to o m Z 0 0 a 0 0 o a A N Vi O W W w tT w � O N a 0 0 A q NO O z Po 66 a N fT -J O O R1 fn M E E m m m >F D r Z W -c� w oocoz m O m o -cs o A N t0 Co W O W A Wi, T+ 30' 56` A° >� 33 m co c� z- m G� \ � f � I r r O Z ° C5� ter, ab• n W i--3 � —+ I � � I m 1 / T 110. m a N n WEST LINE '� o th CERTIFICATE OF ao CORRECTION r 9407 / 505-506 O.R. D a' REC. 4/10/1978 w / fee O it CN``i1 h ^ b O Plottod bysp0044960 9/1(2010 APN141-412-35-ROW-Shoetl of I.dOn C-22 Legal Description and Plat Map for Temporary Construction Easement PARSONS EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141-412-35 THAT PORTION OF PARCEL 3,PARCEL MAP NO.7765, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 86, PAGES 74 AND 75 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 3,ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF HOSPITALITY LANE;THENCE ALONG THE SOUTH LINE OF SAID PARCEL SOUTH 89°30'17"WEST 90.03 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING WESTERLY ALONG SAID LINE,A DISTANCE OF 32.73 FEET;THENCE NORTH 37°20'01"WEST, A DISTANCE OF 2.74 FEET; THENCE SOUTH 87°52'05"WEST,A DISTANCE OF 39.15 FEET;THENCE SOUTH 33°04'12"WEST,A DISTANCE OF 1.29 FEET TO SAID SOUTH LINE;THENCE SOUTH 89°30'17'WEST ALONG SAID SOUTH LINE, A DISTANCE OF 131.76 FEET TO THE WEST LINE OF SAID PARCEL;THENCE NORTH 00°19'44"WEST ALONG SAID WEST LINE,A DISTANCE OF 1.50 FEET;THENCE NORTH 89°30'17"EAST,A DISTANCE OF 83.50 FEET; THENCE NORTH 87°52'05"EAST,A DISTANCE OF 44.11 FEET;THENCE NORTH 33 004'12"EAST,A DISTANCE OF 10,00 FEET;THENCE NORTH 87°52'05"EAST,A DISTANCE OF 37.28 FEET;THENCE SOUTH 37°20'01" EAST,A DISTANCE OF 10.00 FEET;THENCE NORTH 87°52'05"EAST,A DISTANCE OF 117.18 FEET;THENCE NORTH 89°30'17"EAST,A DISTANCE OF 2.51 FEET TO THE EAST LINE OF SAID PARCEL;THENCE SOUTH 00°19'44"EAST ALONG SAID EAST LINE,A DISTANCE OF 5,00 FEET;THENCE SOUTH 89°30'17"WEST,A DISTANCE OF 2.43 FEET;THENCE SOUTH 87°52'05"WEST,A DISTANCE OF 87.64 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,259 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 30TH DAY OF AUGUST,2010 /'�Api'ESS�4� �a�ARpIell E:✓'� I' / �� o' _ co fro. ROBERT EDWARD STE�FYENS, PE 25068 /--(-Izb 8 REGISTRATION EXPIRES 12/31111 + � OF AL1FpQ APN 0141-412-35 TCE Page 1 CIS/C-20 Legal Description for Larger Parcel I q 1°OOa' Ow N m DINERS COURT I^ t^ Z Z z (n Z Z Z � �' mo0ewmw0omm m �" too cc w 1. -.� m z W r W O U1 N W CT W cn O tD O a N O O N O Z a r' N tit 0 0 O +1 tT N O � P O A /J Z W J J D N N N Z m 0 O v W L' -%. W W M n 0 � q e z z z to to z to cn to a m o C' 2' W w w m 301 m o uy o 0 o a t m Z 56 w , � tNt� Nwotr � O to Z; O N O N a N z A d O t7 O a A �l tJt _ tT N (h O --I oN N D i Z y^ Q N tlt N N „a O O d 2 O (11 O tT ,� O N O fi m woo -- � o au o O T � oy Z 0 c�u, U1 = b a c� ,04 V z W o m w m � x � � o � N o , o w WEST LINE Z w N CERTIFICATE OF CORRECTION n 9407 / 505-506 O.R. 3C REC. 4/10/1978 m x Q N N O O Plotted Dy.DO044960 9/1/2010 APH141-412-35-TCE-Sht,etlai ),don i EXHIBIT "7" PARCEL NO. C-23 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,County of San Bernardino 1/18/2012 PLEASE COMPLETE THIS INFORMATION. DENNIS DRAEGER 1.20 PM KB ASSESSOR — RECORDER — CLERK RECORDING REQUESTED BY: ''" P Counter San Bernardino Associated Governments,a Joint Powers Authority,acting as the San Bernardino Dock 2012-001944 Ti Ies: 1 Pages: 14 County Transportation Commission AND WHEN RECORDED MAIL TO: Fees 0.00 Rick E.Rayl Taxes 0.00 Nossaman LLP Other 0.99 18101 Von Karman Avenue,Suite 1800 PAID $0.Oe Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDER S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form#R25 American LegalNel,Inc. www.USCourtForme.com l. I NOSSAMAN LLP RICK E. RAYL (SBN 174257) 2 rrayl @nossaman.com 3 BRADFORD B. KUHN (SBN 245866) bkuhn @nossaman.com ' �.I 4 Special Counsel SAN 18101 Von Karman Avenue, Suite 1800 DEC 2 0 2U111 5 Irvine, CA 92612 Telephone: (949) 833-7800 6 Facsimile: (949) 833-7878 By 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO 1 COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1103191 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE JOHN P. VANDERFEER, DEPT. S37 17 Plaintiff, [PROPOSPOf FINAL ORDER OF 18 vs. CONDEMNATION 19 KANTI G. PATEL, an individual; TARA PATEL, an individual; [Parcel No. C-231 20 WELLS FARGO BANK,NATIONAL ASSOCIATION; 21 SAN BERNARDINO COUNTY TAX COLLECTOR Trial: June 25, 2012 22 SUPER 8 MOTELS, a business entity of unknown Action Filed: March 9, 2011 23 fog' [EXEMPT FROM FILING FEES - GOV. IHOP REAL ESTATE, LLC, a Delaware limited 24 liability company; CODE, § 6103] SAN BERNARDINO PANCAKES, INC., a 5 California corporation, dba IHOP#924; DOES 1 Through 100, Inclusive; and 6 ALL PERSONS UNKNOWN CLAIMING ANY TITLE OR INTEREST IN OR TO THE 7 PROPERTY DESCRIBED HEREIN, 28 Defendants. 315539 1.DOC FINAL ORDER OF CONDEMNATION I Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission ("SANBAG") having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to a Final Judgment in Condemnation, and SANBAG and defendants 4 having waived a Statement of Decision,judgment having been entered, and payment having been made 5 in full,no other party or person having or claiming to have an interest in the property being acquired or 6 the compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE, IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit "A,"described as Assessor's Parcel 9 Number 0141-402-32, located at 225 E. Hospitality Lane, San Bernardino, California, and more 10 particularly described as SANBAG Parcel Number C-23, consisting of a permanent easement of 11 approximately 299 square feet, along with a temporary construction easement of approximately 244 12 square feet, as described in SANBAG's complaint on file in this matter("Subject Property"), is hereby 13 condemned to SANBAG for the purposes of constructing, maintaining and operating the sbX E-Street 14 Corridor Bus Rapid Transit Project ("Project"), for the purpose of all necessary and convenient activities 15 associated with the construction of the Project and for public purposes. The temporary construction 16 easement shall commence seven (7) days from the date upon which SANBAG or its authorized 17 representative provides the applicable defendant with written notice of its intent to commence 18 construction utilizing the temporary construction easement and shall terminate on the earliest of(a)the 19 date upon which SANBAG notifies the applicable defendant that it no longer needs the temporary 20 construction easement, (b) six (6)months from the commencement date of the temporary construction 21 easement, or(c) December 31, 2013. 22 2. Additionally, SANBAG and Kanti G. Patel, an individual, Tara Patel, an individual, 23 Super 8 Motels, a business entity of unknown form, and San Bernardino Pancakes, Inc., a California 24 corporation, dba IHOP #924 (collectively "Defendants"), agreed to the following provision: 25 (a) Defendants have elected to retain one on-premise sign at a salvage value of$0.00;Defendants shall, 26 at their sole cost and expense,remove said sign on or before October 1, 2011. Upon approval from the 27 City of San Bernardino, Defendants shall be permitted to relocate and install the existing sign (or install 28 a new or replacement sign) within the temporary construction easement area. Upon relocation of the 315539 1.DOC FINAL ORDER OF CONDEMNATION 1 existing sign (or installation of a new or replacement sign), SANBAG shall protect the sign in-place 2 during construction. In the event the sign has not been moved on or before October 1, 2011, SANBAG 3 is granted the right to remove the sign and Defendants abandon said sign. Defendants specifically 4 release SANBAG from any and all responsibility for said sign, and understand and agree that this item 5 will be the sole property of Defendants. Defendants shall be liable and responsible for any future 6 reconstruction, maintenance or adjustment thereto. SANBAG makes no representations or warranties as 7 to Defendants' ability to construct or maintain said sign on Defendants' remaining property. 8 3. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 9 public purposes under Article I, Section 19, of the California Constitution,California Public Utilities Code 10 section 130220.5,and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 11 for which SANBAG seeks to condemn the Subject Property, to wit, in connection with the Project and 12 for public transit improvements, is and was authorized by law and is and was a public use; the public 13 interest, safety, and necessity require the Project; the Project is and was planned and located in the 14 manner that will be most compatible with the greatest public good and the least private injury; and the 15 Subject Property is necessary for the Project. 16 4. Just compensation has been paid to Defendants, and such sum was accepted by the 17 Defendants, as full payment of just compensation for the acquisition of the Subject Property and the 18 construction of the Project in the manner proposed, including, but not limited to, severance damages, 19 loss of goodwill, loss of or damage to improvements pertaining to the realty, fixtures, equipment, and/or 20 inventory,precondemnation damages, relocation benefits, and claims for attorneys' fees, litigation 21 expenses, statutory costs, and interest pertaining to this action. 22 5. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 23 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 24 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 25 shall be cancelled. 26 27 Dated: QG• '0 a 011 �— 28 GE OF THE SUPERIOR COURT rMiN Pt VANQER FEED 2 FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT".1" The land referred to herein is situated in the State of California,County of San Bernardino, City of San Bernardino,and described as follows: PARCEL NO. I: PARCEL NO.2,OF PARCEL MAP NO.6998,IN THE CITY OF SAN BERNARDINO,AS SHOWN BY MAP ON FILEIN BOOK-68,PAGE 21 OF PARCEL MAPS,RECORDS OF SAN BERNARDINO COUNTY,CALIFORNIA,TOGETHER WITH EAST 5 FEET OF THE NORTH 17 FEET OF PARCEL I OF SAID PARCEL MAP 6998. AS PURSUANT TO THAT CERTAIN LOT LINE ADJUSTMENT RECORDED APRIL 19, 1983 AS DOCUMENT NO.83-083135,OF OFFICIAL RECORDS. PARCEL NO.2: A NON-EXCLUSIVE EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES •OVER UNDER AND ACROSS TIM FOLLOWING DESCRIBED PROPERTY: THOSE PORTIONS OF PARCELS 3,4 AND 5,OF PARCEL MAP NO. 1455,AS SHOWN BY MAP ON FILE IN BOOK 11,PAGE 90,OF PARCEL MAPS,RECORDS Of SAN. BERNARDINO COUNTY,CALIFORNIA.,LYING WITHIN A STRIP OF LAND OF VARYING WIDTH,BEING 5.00 FEET WIDE BETWEEN THE SOUTHEAST CORNER OF SAID PARCEL 3 AND THE HEREINAFTER DESCRIBED POINT"A",BEING 7.00 FEET- WIDE BETWEEN THE HEREINAFTER DESCRIBED POINT"A"AND"B",AND BEING 10.00 FEET WIDE BETWEEN THE HEREINAFTER DESCRIBED POINT"B"AND THE SOUTHWEST CORNER OF SAID PARCEL 5,THE SOUTHERLY,WESTERLY,AND SOUTHERLY LINE OF SAID STRIP OF LAND BEING'DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF-SAID PARCEL 3;THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 3;THENCE WESTERLY ALONG 'THE SOUTHERLY LM OF SAID-PARCEL 3 A DISTANCE OF 460 FEET TO A POINT DESIGNATED AS POINT"A";THENCE CONTINUING WESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 3 TO THE SOUTHWEST CORNER OF SAID PARCEL 3,THENCE WESTERLY ALONG THE-SOUTHERLY LINE OF SAID PARCEL 4, A DISTANCE-OF 260.07 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 4, BEING DESIGNATED AS POINT."B";THENCE.NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 4 TO THE SOUTHEAST CORNER OF SAID PARCEL' 5 TO THE SOUTHWEST CORNER OF SAID PARCEL.5,BEING THE POINT.OF TERMINUS. TOGETHER WITH A TRIANGULAR SHAPED PARCEL OF LAND BOUNDED ON THE -SOUTH BY THE NORTHERLY LINE OF THE ABOVE DESCRIBED STRIP OF LAND, THAT PORTION OF WHICH IS 7.00 FEET WIDE,BOUNDED ON THE WEST BY THE 'EASTERLY LINE OF THE ABOVE DESCRIBED STRIP OF LAND,-THAT PORTION OF WHICH IS 10.00 FEET WIDE,AND BOUNDED ON THE NORTHEAST BY THE ARC OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 20.00 FEET SAID CURVE BEING TANGENT WITH THENORTHERLY AND EASTERLY LINES OF -THE ABOVE DESCRIBED STRIP-OF LAND. C23-0141-402-32 EXHIBIT I LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT F"VARSONS I 32CU E.Gu9sii Roan-SCa_','0D,Ontario,CA 917 61 •Te epl-xme-9U9 21S-36Cf•Fax 9 02-2 1 8-3 6105• x. .oarscns.cam EXHIBIT A RIGHT OF WAY AP 0141-402-32 THAT PORTION OF PARCEL NO.2, OF PARCEL MAP NO. 6998, IN THE CITY OF.SAN BERNARDINO, AS SHOWN BY MAP ON FILE IN BOOK 68, PAGE 21 OF PARCEL MAPS, RECORDS OF SAN BERNARDINO - COUNTY, CALIFORNIA, TOGETHER WITH EAST 5 FEET OF THE NORTH 17 FEET OF PARCEL 1 OF SAID PARCEL MAP 6998. I AS PURSUANT TO THAT CERTAIN LOT LINE ADJUSTMENT RECORDED-APRIL 19,1983 AS DOCUMENT NO. $.3-083135,OF OFFICIAL RECORDS,.DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER'OF SAID:PAPCEL.2, ALSO BEINq. ON THE SOUTH RIGHT OF i WAY LINE OF HOSPITALITY LANE'THENCE ALONG THE EAST LINE OF SAID PARCEL SOUTH 00°34'01" II EAST 5.50 FEET-,THENCE SOUTH 89°30'1'7•"WEST 0.29 FEET;THENCE SOUTH 34!42.23'WEST 3.88 FEET I TO LINE PARALLEL WITH MD&67-FEET SOUTH OF THE NORTH LINE OF SAIR PARCEL;THENCE ALONG SAID PARALLEL.LINE SOUTH 89 30'17"N1EST32.47 FEET TO THE WEST LINE OF SAID PARCEL,THENCE ALONG SAID /VEST LINE NORTH 00°•34`01" WEST 8.67 FEET TO THE NOF�T LINE OF SAID PARCEL; THENEE ALONG NORTH LfNE;OF SAID PARCEL•NORTH 89°30'17' EAST 35:00 FEET TO THE POINT-OF BEGINNING. CONTAINING 299 SQUARE FEET,MORE OR LESS. ALLAS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE APART HEREOF. DATED THIS 30TH OF JULY,20t0 n ROBERT EDWARD STEAFFENS.PE 25068- APN 141-402-32 ROW Page i EXHIBIT 2 uop7anoys_y,oa-te-zob-Ibwdv ' � OIOZ/OC/L 096b b00dJCd pe;;qd 0 O 8 aq � oz ,95 '02 AAA eM r O W W r, 3— z Ld w CJ cc cn El.d to o 4 49 - iii _ N �a -SCMM�M 450 6 �s LIJ•-J 00 w Z b P1 •�o. j# w -� RF ((11{./ (� 1� L��} I� Lu N t0[I IS V3 0����V��f♦<lY O�J v J 'z y M �•M Iii O Yi . F^ F= O • � F..1' W M e M P M.!7 • � � { Z 2 h v! h.y 4-t ' LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT i PARSONS ( 3200 E.Guasti ROad,Suite 200,Ontario,CA 2`1761 U-3600•-a;r.906-21 C,3G05• vn::c.parso�;.ecm EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141-402-32 ! THAT PORTION OF PARCEL NO. 2, OF PARCEL MAP NO.6998, IN THE CITY OF SAN BERNARDINO,AS I SHOWN BY MAP ON FILE IN BOOK 68, PAGE 21 OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY,.CALIFORNIA,TOGETHER WITH EAST 5 FEET OF THE NORTH 17 FEET OF PARCEL 1 OF SAID i PARCEL MAP 69.98. AS PURSUANT TO THAT CERTAIN LOT LINE ADJUSTMENT RECORDED APRIL 19,198-3 A5•DOCUMENT NO. 83-083135,OF OFFICIAL RECORDS,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 2,-ALSO BEING ON THE-SOUTH RIGHT OF WAY LINE,OF HQ.SPTr, LTTY LANE;THENCE ALONG THE EAST LINE OF SAID PARCEL SOUTH 00°34'01" EAST 5.50 FEET TO TOE TRUE POINT OF•BEGINNING; THENCE SOUTH 89°.30'17' 0.29 FEET; THEh10E SOUTH 34°42'23"WEST 3.08•FEI lT TO A LWE.PARALLEL WITH AND-8.67 FEET SOUTH OFTHE NORTH LINE OF 5AID.PARCEL;THENCE ALONG SAID PARALLEL 'LINE SOUTH 89°30`17"WEST 32.47 FEET TO THE WEST LINE OF SAID PARCEL;THENCE ALONG WEST LINE OF SAID PARCEL SOUTH 00°3401"EAST 6.83 FEET TO- A LINE PARALLEL WITH AND 15:50 FEET SOUTH OF THE NORTH LINE OF SAID PARCEL;THENCE ALONG j SAID LAST MENTIONED PARALLEL LINE.NORTH 89°30'17" EAST 35-00 FEET TO T}iE EAST.LINE-OF SAID t PARCEL;THENCE ALONG THE EAST LINE OF SAID PARCEL NORTH 00°34'01"WEST 10.00 FEET TQ THE TRUE POINT OF BEGINNING. CONTAINING 24.4 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN.ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF, DATED THIS 30TH OF JULY,2610 'D T. 9 q ctvv. - Ak.ti RtOBERT EDWARD STEAFFENS,PE 25068 AM 141-402-32 TCE Page EXHIBIT 3 uDD'FlaoLS-331-2[-2Db-IbINd7 DIDZ/DC/1 096660Dd1.Cq yoyyald ' o tb 'o r�1 N 4 C1 N 11 O a- � O LLJ J — f F— — \ / CD z F- � 2 'w w w ut o in v f- .- en z v w d a LLI a d v � J it! :Po Ac� ytl LJ tx eJMO6� - V W �° t[7\ ¢OTC � Ao CL co ' O • t--N.eo�- � 3 Q F- O �0 6d ° ,- moot'; ° ISV3 H31M-H3i��{0� z �' z O !� J o o v th M M m m 0 �W O m• O - uj m 2 ^ M - iD - EXHIBIT 668" PARCEL NO. C-24 (FINAL ORDER) [SEE ATTACHED] PLEASE COMPLETE THIS INFORMATION. Recorded in Official Records,County of San Bernardino 9/27/2011 ►� RECORDING 3- Kj D B W DENNIS DRAEGER 11:33 AM RECORDING REQUESTED BY�J cu��+ �'"' San Bernardino Associated Governments,a Joint ASSESSOR — RECORDER — CLERK ALS Powers Authority,acting as the San Bernardino County Transportation Commission x P Counter AND WHEN RECORDED MAIL TO: DOC#: 201 1-0405449 Rick E.Rayl Titles: 1 Pages: 14 Nossaman LLP Fees 0.00 18101 Von Karman Avenue,Suite 1800 Taxes 0.00 Irvine,CA 92612 Other 0.00 PAID $0.00 [EXEMPT FROM FILING FEES- GOV.CODE, §6103] THIS SPACE FOR RECORDER S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form#R25 American LegalNet,Inc. www.U SCou rt Forrns.com I INOSSAMAN LLP RICK E. RAYL (SBN 174257) 2 rrayl@nossaman.com F I L E D BRADFORD B. KUHN (SBN 245866) COUNTY OF SUPERIOR N COURT RNARDfNO 3 bkuhn @nossaman.com SAN BERNARDINO DISTRICT 4 Special Counsel S E P - 7 2011 18101 Von Karman Avenue, Suite 1800 5 Irvine, CA 92612 B Telephone: (949) 833-7800 y �� Deputy 6 Facsimile: (949) 833-7878 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 FOR THE COUNTY OF SAN BERNARDINO 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1103190 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE JOHN P. VANDERFEER, DEPT. S37 17 Plaintiff, 18 vs FINAL ORDER OF CONDEMNATION 19 MERICKEL INVESTMENTS, a California limited partnership; [Parcel No. C-24] 20 FOOTHILL CAPITAL CORPORATION, a California corporation; 21 COCO'S RESTAURANTS INC., a California 22 corporation; DOES 1 Through 100, Inclusive; and Action Filed: March 9, 20l 1 23 ALL PERSONS UNKNOWN CLAIMING ANY TITLE OR INTEREST IN OR TO THE [EXEMPT FROM FILING FEES - GOV. 24 PROPERTY DESCRIBED-HEREIN, CODE, § 6103) 25 Defendants. 26 27 28 W� -�- 311752 1.DOC FINAL ORDER OF CONDEMNATION 1 2 Plaintiff San Bernardino Associated Governments,acting as the San Bernardino County 3 Transportation Commission("SANBAG")having applied for entry of a Final Order of Condemnation, 4 having previously stipulated to a Final Judgment in Condemnation, and SANBAG and defendants 5 having waived a Statement of Decision,judgment having been entered, and payment having been made 6 in full, no other party or person having or claiming to have an interest in the property being acquired or 7 the compensation to be paid for the property, and good cause appearing: 8 NOW, THEREFORE,IT IS HEREBY ORDERED as follows: 9 1. The property described in the attached Exhibit"A,"described as Assessor's Parcel 10 Number 14141230, located at 242 E. Hospitality Lane, San Bernardino, California, and more 11 particularly described as SANBAG Parcel Number C-24, consisting of a permanent easement of 12 approximately 741 square feet, along with a temporary construction easement of approximately 1,242 13 square feet, as described in SANBAG's complaint on file in this matter("Subject Property"), is hereby 14 condemned to SANBAG for the purposes of constructing,maintaining and operating the sbX E-Street 15 Corridor Bus Rapid Transit Project ("Project"), for the purpose of all necessary and convenient activities 16 associated with the construction of the Project and for public purposes. The temporary construction 17 easement shall commence seven (7)days from the date upon which SANBAG or its authorized 18 representative provides the applicable defendant with written notice of its intent to commence 19 construction utilizing the temporary construction easement and shall terminate on the earliest of(a)the 20 date upon which SANBAG notifies the applicable defendant that it no longer needs the temporary 21 construction easement, (b) six (6) months from the commencement date of the temporary construction 22 easement, or(c) December 31, 2013. 23 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 24 public purposes under Article I, Section 19,of the California Constitution, California Public Utilities Code 25 section 130220.5,and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 26 for which SANBAG seeks to condemn the Subject Property, to wit, in connection with the Project and 27 for public transit improvements, is and was authorized by law and is and was a public use; the public 28 interest, safety, and necessity require the Project; the Project is and was planned and located in the 311752 I.DOC 1 FINAL ORDER OF CONDEMNATION I manner that will be most compatible with the greatest public good and the least private injury; and the 2 Subject Property is necessary for the Project. 3 3. Just compensation has been paid to Merickel Investments, a California limited 4 partnership,and Coco's Restaurants Inc., a California corporation(collectively, "Defendants"), and such 5 sum was accepted by the Defendants,as full payment of just compensation for all claims of any nature, 6 including without limitation all claims for severance damages,relocation assistance,business goodwill,real 7 and personal property, fixtures, equipment, damages,compensation,fees,costs,and litigation expenses, 8 other expenses,interest,and any and all other claims which have been or could have been raised in the 9 lawsuit. 10 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of I 1 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 12 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 13 shall be cancelled. 14 // 15 Dated: Seep-f- a o` t de4 16 J GE OF THE SUPERIOR COURT JOHN F.VANDER FEER 17 18 19 20 21 22 23 24 25 26 27 28 2 FINAL ORDER OF CONDEMNATION ExHIB IT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"1" The land referred to herein is situated in the State-of California,County of San Bernardino, City of San Bernardino,and described as follows: ALL OF LOT I OF TRACT NO.9418.IN THE CITY OF SAN BERNARDWO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 130 OF MAPS,PAGES 61 AND 62,RECORDS OF SAID COUNTY,AND CORRECTED BY THOSE CERTAIN CERTIFICATE OF CORRECTION OF PARCEL NO.2 OF PARCEL MAP NO.3808,RECORDED IN BOOK 34 OF PARCEL MAPS,PAGES 78 AND 79.RECORDS OF SAID COUNTY,AND.LOT I OF ASID TRACT NO.9418,RECORDED APRIL 10, 1978, fN BOOK 9407 OF OFFICIAL RECORDS,.PAGES 505.AND 506,RECORDS OF SAID COUNTY,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS- ALL OF LOT I,TRACT NO.9418,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNA -D[NO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 130 OF MAPS,PAGES 61 AND 62, RECORDS OF SAID COUNTY;AND THAT PORTION OF PARCEL 2 OF PARCEL MAP NO.3808,IN THE CITY OF SAN BERNARDMO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT.RECORDED IN BOOK 34 OF PARCEL MAPS,PAGES 78 AND 79,RECORDS OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER. OF LOT 1,TRACT 9418,AS PER PLAT RECORDED IN BOOK 130 OF MAPS PAGES 61 AND 62,RECORDS OF SAID COUNTY; THENCE NORTH 00° 19' 47"WEST ALONG THE WEST LIEN OF SAID LOT.1, 182:50 FEET TO THE SOUTHEAST CORNER OF PARCEL NO. 1 OF SAID PARCEL MAP NO: 3808;THENCE SOUTH 89°401-13'WEST ALONG THE SOUTH LM OF SAID.PARCEL NO.L 55.42 FEET;.THENCE SOUTH 00°.19'47"EAST 182.66 FEET TO THE SOUTH LINE OF SAID PARCEL NO.2;THENCE NORTH 89°30'.14"EAST ALONG THE SOUTH LIEN OF SA19D PARCEL.NO.2,55.43 FEET MORE OR LESS TO THE POINT OF BEGINNING. PI-0141-41Z.30. I LEGAL DESCRIPTION:AND PLAT K" FOR PERMANENT EASEMENT PARSONS 52VJ c Gnasti j f2caJ.Suite 20.60360.CA 91101 T?IeFltone:90321-3-36C0.Faxo,Q•'1 8•36C5• .r+,v:.parccrstAm EXHIBIT A RIGHT OF WAY i AP 014141230 THAT PORTION OF LOT 1,TRACT NO.9418,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO.STATE OF CALIFORNIA AS PER•141AP RECORDED IN BOOK 130',PAGES 61 AND 62 OF MAPS, i IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,AND CORRECTED BYTHOSE CERTAIN CERTIFICATES OF CORRECTION OF PARCEL' MAP NO-3808, AND TRACT NO.9418.BOTH RECORDED t APRIL 10.1978,IN BOOK'94.07,PAGES 505 AND 506 kESPECTIVELY OF OFFICIAL RECORDS,RECORDS OF ISAID COUNTY;DESCRIBED AS FOLLOWS: t BEGINNING AT THE SOUTHWEST CORNEk OF SAID LOT 1 AS DESCRIBED IN SAID CERTIFICATE OF CORRECTION;THENCE ALONG THE WEST LINE OF.SAID LOT i NORTH Q0°19'44'WEST,A DISTANCE OF i 2.50 FEET TO A LINE PARALLEL WrrR AND 2: 5D FEET NORTH OF THE SOUTH LINE OF SAID.LOT 1;THENCE NORTH 89'30'17'EAST,A DI„STANCE OP.6103 FEET;THENCE NORTH 34'4223'EAST,A DISTANCE 11F 3,88 FEET: THENCE NORTH 1.9-30-17”EAST,A DISTANCE OF 29.15 FEE_P:THENCE SOUTH 3.5`41'49'EAST,A DISTANCE OF.3.88 FEEL;THENCE NORTH 8.9°30'17°EAST,A DISTANCE OF 90.09 FEET;THENCE NORTH 44°35'17 EAST,A DISTANCE OF 26,14.FEET,THENCE NORTH 89'40'16"EAST,A DISTANCE OF 2.30 FEET; THENCE SOUTH 00'19'44"EAST,A DISTANCE OF 1.01 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRALAN.GLE.OF 89°50'01";THENCE SOUTHWESTERLY ALONG THE ARC A DISTANCE OF 31.36 FEET;.THENCE SOUTH 89°30.17"W EST,A DISTANCE OF 185.56 FEET TO THE • POINT OF BEGINNING. CONTAINING 741 S.Q.UAF2E FEET.-MORE OR.LE8S ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B'ATTACHED.HERETO AND MADE A PART HEREOF. DATED THIS 25TH DAY OF AUGUST,24Dj0 4QOFESsio Aft, RbBERT EDWARD ST F NS,.PE 25668 �o REGISTRATION EXPI S 12/31/11 Arty.0141-41L 4 ROY/ Vii.. 1 .I 1 • i 30' 56' v o ' t m WEST LINE OF LOT 1 PER CERTIFICATE OF f o CORRECTI-oN 0 94:07 / 506 O-.R. REC. 4/1.0/1978 �.y. � � '1— m '� m in W .•..p' W - - "'� � u, W r W VI 2' �}• n a � z tV a .m '=..ti•:'y�c� ��R' . 00 tN O rn ,b .b > COMMERCENTER 'EAST 6 1 TRACT ®. 0a9g C AbttaC by00�496Q 8/30/2010 °P1'"��+RJO-ROw-Snoett or �o On LEGAL DESCRIPTION AND PLAT MAP FOR TEWORAARY CONSTRUCTION EASEMENT 1 PARSONS :•2Cti E.Gu>s:i Road.?eite ,CO._q?,Io.CA 51761 T••lephene:0OG-i12--3&)0•Frx 909.211-3f�05•�t.w.:.00rsuns.ccm t i EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141-412-30 i THAT PORTION OF LOT 1,TRACT NO.9418,IN THE CITY OF SAN BERNARDINO.COUNTY OF SAN BERNARDINO.STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 130,PAGES 61 AND 62 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,.AND CORRECTED BY THOSE CERTAIN CERTIFICATES OF CORRECTION OF PARCEL MAP NO.3808, AND TRACT NO.9418,BOTH RECORDED i APRIL 10,1978,IN BOOK 9407,PAGES 505 AND 506 RESPECTIVELYOF OFFICIAL RECORDS,RECORDS OF SAID COUNTY,DESCRIBED AS FOLLOWS: i I COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1 AS DESCRIBED IN SAID CERTIFICATE OF CORRECTION;THENCE ALONG THE WEST LINE OF SAID LOT 1 NORTH 00'19'44?WEST 2.50'FEET TO A LINE PARALLEL WITH AND 2.50 FEET NORTH OF THE SOUTH LINE OF SAID LOT 1,BEING THE TRUE.POINT OF BEGINNING:THENCE NORTH 00'19'44'WEST,A DISTANCE OF 5.00.FEET;THENCE NORTH 89°30'1.7' EAST.A DISTANCE OF 58.43 FEET;THENCE NORTH 3442'23'EAST,A DISTANCE OF 1.0.00 FEET;THENCE t NORTH 89'30'!7'EAST,A DISTANCE OF 28.P!5 FEET;THENCE.SOUTH 29'06'21'.EAST,A DISTANCE-OF 9.31 FEET;THENCE NORTH 89°3017'EAST,A DISTANCE OF 85.35 FEET.THENCE NORTH 44'35'20'EAST,A DISTANCE OF 26.15 FEET.THENCE NORTH 89'4016"EAST,A DISTANCE OF 4.37 FEET;THENCE s•,Q,UTH 00'19'44"EAST,A DISTANCE OF 5.00 FEET;THENCE SOUTH 89.40'16-WEST,A D.ISTA'NgE OF 2.30 FEET; THENCE SOUTH.44'35'17'WEST.A DISTANCE OF 26.14 FEET;THENCE SOUTH 89.30'17"W EST,A DISTANCE OF 90.09 FEET;THENCE NORTH 35'41'49'WEST,A DISTANCE OF 3:88 FEET;THENCE SOUTH 89-30'17-WEST,A DISTANCE OF 29.15 FEET;THENCE SOUTH 34-4223-WEST,A DISTANCE OF 3.88 FEET; THENCE SOUTH 89'30'17'WEST•.A DISTANCE OF 61.03 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING,1,242 SQUARE FEET,MORE OR LESS. i ALL AS MORE'PARTICUTARLY SHOWN ON EXHIBIT B ATTACHED HERETQ.AND MADE A PART HEREOF. DATED THIS 25TH_DAY OF AUGUST,2010 lz zFESS/p .QUO �NiAR psT�iry co No. m , R B T EDWRRp NS,PE 25068 d d Cp 2 REGISTRATION EXPi S 12131111 Q APN'0141-412-30 7 t1 Page 1 �ODI to LLpouS-3'jl-Oi-21s-Ib NdY O)OZ/oc/8 D96bb00�IRa Do atotd O ® yq yyp'eq ggy�1 N p F7 . 00 tltl _ 19 �ClV •�•OU is, 800 'ON 13vul V ` � 7 � z w W —--------------- 1SV3 83lN3*`b3.WYiOO - ul 1 OQ c = � b co. U 01 I� T Co. + V M. � 1h � �O O•v 0.1O0 D h �: m.N m.:d. IA lV y.. rn Q W d Z, N P' o DC O N n vi.of tD, [LJ 'Z Q•. 07 2 Of P I ' P 3 pa W _ pop Z7 :e 4 m YN'1 v ,n �p r� a0Q op.s d n. 8L.61/01/b '33.8 Wo 905 / L•Ob6 x i K0.1133a�0� I 30 31v31311833 83d � 1 101 J0 3N11 1S3ti1 0 � t t t ,95 W I m I � ~ i I i I • • t EXHIBIT 669" PARCEL NO. C-25 (EASEMENT DEED) 1 I [SEE ATTACHED] Recorded In Official Records,County of San Bernardino 6123/2011 ! _r 8:00 DENNIS DRAEGER AM ' •�•q«M ASSESSOR — RECORDER — CLERK t RECORDING REQUESTED BY: 683 Stewart Title Co.—Glendale Stewart Title of California,Inc. Doc#: 2011—0254683 Titles: 1 Pages: 7 Attn: Grace Kim rses e.00 2010A4ain Street, Suite 250 Texee e.ee Other 8.90 1 Irvine,CA 92614 Escrow and Order No. 3 5?1- /� 5A _ $a-a0 Mail Tax Statemgnt� WHEN RECORDED jig, TO: SAN BERNARDINO ASSOCIATED GOVERNMENTS sbX Project Office 1170 W.3`d Street,2°d FIoor San Bernardino,California 92410-1715 Portiora APN(s):0141402-14 EXEMPT FROM RECORDING FEES PER GOVT.CODE 627383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV &TAX CODE§1 1922 EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CPT/SC Title Holding Corporation, a California corporation("Grantor") does hereby GRANT and CONVEY to San Bernardino Associated Governments acting as the San Bernardino County Transportation Commission("Grantee"), and its successors and assigns,an easement for public street purposes over and across, that certain portion of real property located in the County of San Bernardino, State of California, more particularly described in the legal description attached hereto. SEE LEGAL DESCRIPTION SET FORTH IN EXHIBIT"A"AND MAP OF REAL PROPERTY SET FORTH IN EXHIBIT"B", both of which Attachments are incorporated by this reference. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below. ` Dated: 1� '' l� a `' GRANTOR: t CPT/SC Title Holding Corporation,a California corporation By: Qtegic ope isers Inc. t a r Peter G. ward Its Presk'ftA Mai! Tax Statement as Directed Above copy, NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA } )ss. COUNTY OF�PN 916(7 0 ) On —6 U p 1 201 I before me, �T T ---___..._-.___, notary public, personally appeared {DETER G. ANt WARD who proved to me on the basis of satisfactory evidence to be the person whose name(')&4ee subscribed to the within instrument and acknowledged to me that(5)sA/t1hy executed the same in hi q&/thefir authorized capacity), and that b i r/tho4r signature(i) on the instrument the person(o,or the entity upon behalf of which the person($)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ou* Signa e f Notary Public OTT CommiSaion# 1845045 Notary Pubac-California z San Diego County > My COMM.Ex res Apr 17.2013 RECORDING REQUESTED BY Stewart Title of CalEfomia,Inc_ AND WHEN RECORDED MAIL DOCUMENT AND �O TAX STATEMENT TO NAME San Bernardino Associated Governments sbX Project Office Attn:Ryan Graham STREET 1170 W.3"'Street,2"0 Floor ADDRESS Cm,STATE• San Bernardino,CA 92410-1715 7JP CODE TITLE ORDER NO 182309 ESCROW NO. 182309 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated February 18, 2011, from CPT/SC Title Holding Corporation, a California corporation (OWNER/GRANTOR) to the San Bernardino Associated Governments (SANBAG) acting as the San Bernardino County Transportation Commission (GRANTEE),by the within instrument,the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of SANBAG pursuant to authority conferred by the SANBAG Board of Directors Agenda Item 22, adopted on February 2, 2011, and the GRANTEE consents to recordation thereof by fts duly authorized officer. Description/identification of real property: 285 East Hospitality Lane, San Bemardino, CA 92408 Dated: By: --,t/I Deborah Robinson Barmack, Executive Director STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO n�1 1 �,�(// !/ [� On #,y-, .,72A �D/l before me, A7`111� <<7Q/i�. fVd7kir✓ Tubs/iG_ (Date) / Q / (Nam and title of the a r) personally appeared D�ODr. /�0 A1in� �arma-U,� who proved to me on the basis of ame o person signing) satisfactory evidence to be the parson whose namej$) Waw subscribed to the within instrument and acknowledged to me that be/sheRt►ey executed the same n erftheir authorr'xed capacity(� and that by histtrer/their signature( on the instrument the person(,or the entity upon behalf of which the person()acted,execu�tediha instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correcL WITNESS my hand and official seal. Signature of officer ANNA ALDANA (Seal) ConNselon 1 1835358 Notary Public-CaNbmle San Bernardino Couffry 6114y Comm.Ex Ores Mar 6,2013 y EXHIBIT"A"TO EASEMENT DEED Legal Description of Easement [APN: 141 402-14] PARSONS Suit 1�1.v»'trio.+ .�?i7w1 .T, pn:a� ::7-'t: :OGc•r.�J^ e EXHIBIT A RIGHT OF WAY AP 0141-402-14 THAT PORTION OF PARCEL 1, PARCEL MAP NO 1455, IN THE CITY OF SAN BERNARDINO. COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 11, PAGE 90 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1, ALSO BEING ON THE SOUTH RIGHT OF WAY LINE OF HOSPITALITY LANE; THENCE ALONG THE EAST LINE OF SAID PARCEL SOUTH 00'34'01" EAST 1.45 FEET;THENCE SOUTH 87.52'05"WEST 2.65 FEET,THENCE SOUTH 33'04'12"WEST 3.88 FEET; THENCE SOUTH 87'52'05"WEST 42.15 FEET;THENCE NORTH 37'20'011 WEST 3.88 FEET;THENCE SOUTH 87'52'05"WEST 83.77 FEET;THENCE SOUTH 34'09'32"WEST 3.93 FEET; THENCE SOUTH 87'52'05"WEST 6.69 FEET TO A LINE PARALLEL WITH AND 8.67 FEET SOUTH OF THE NORTH LINE OF SAID PARCEL; THENCE ALONG SAID PARALLEL LINE SOUTH 89'30'17" WEST 22.53 FEET; THENCE NORTH 35°41'49" WEST 3.88 FEET TO A LINE PARALLEL WITH AND 5.50 FEET SOUTH OF THE NORTH LINE OF SAID PARCEL;THENCE ALONG SAID LAST MENTIONED PARALLEL LINE SOUTH 89°30'17"WEST 63.32 FEET TO THE WEST LINE OF SAID PARCEL; THENCE ALONG THE WEST LINE OF SAID PARCEL NORTH 00°34'01" WEST 5.50 FEET TO THE NORTH LINE OF SAID PARCEL,ALSO BEING ON THE SOUTH RIGHT OF WAY LINE OF HOSPITALITY LANE;THENCE ALONG THE NORTH LINE OF SAID PARCEL NORTH 89°30'17"EAST 250.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,328 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 30THT OF JULY,2010 q- rl z z rR • q CIVIC. �P AL 1 ROBERT EDWARD STEAFFENS,PE 25068 APN 141.402.14 ROW Page i EXHIBIT"B"TO EASEMENT DEED Map of Real Property [APN: 141402-14] Iii 4 f I u0P1+0 04S-M08-fl-ZOb-IbwdV OIOZ/Of/L 096b600 di.CQ po;;off 0 0 d lL�} 3AIva it o 1331N33 S93NISn3 _ a 0 V' r 4 _ N 3 ,r u. ,95 ,0£ m = d c� x a a W ul co P d� c� a CD cn 6� o �1 iW- _i Nm °a o. c= W O N M m W z o v m to w m b U N r N M Nj m M 1p N M � b CLZ 0 0 OR� O m a w w Q v a3i. 3Da IS YS N 3WWO } EXHIBIT "10" PARCEL NO. C-26 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,County of San Bernardino 2/0212012 1181!�Ax AR PLEASE COMPLETE THIS INFORMATION. DENNIS DRAEGER 1:34 PM ASSESSOR — RECORDER — CLERK SG �:" RECORDING REQUESTED BY: P Counter San Bernardino Associated Governments,a Joint Powers Authority,acting as the San Bernardino Doc#: 2012—0045113 Titles: 1 Pages: 16 County Transportation Commission Fees e.ee AND WHEN RECORDED MAIL TO: Taxes 0.00 Rick E.Rayl Other 0.00 Nossaman LLP PAID so.0-E) 18101 Von Karman Avenue,Suite 1800 Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form#R25 American LegalNet,In www.USCourtForma.com 1 �:; 3 LLP RICK E. RAYL (SBN 174257) 2 rrayl @nossaman.com 3 BRADFORD B. KUHN (SBN 245866) bkuhn @nossaman.com 4 Special Counsel F L E D 18101 Von Karman Avenue, Suite 1800 SUpER!OR COURT 5 Irvine, CA 92612 COUNTY OF SAN BERNARDINO Telephone: (949) 833-7800 SAN BERNARD-!NO DISTRICT _ 6 Facsimile: (949) 833=7878 JAN 19 2012 7 8 Attorneys for Plaintiff By ��- SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 13 FOR THE COUNTY OF SAN BERNARDINO 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1103189 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY. ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE JOHN P.VANDERFEER, DEPT.S37 17 Plaintiff, 18 vs [PROPOSED] FINAL ORDER OF CONDEMNATION 19 PARK PELICAN ASSOCIATES, a California partnership; [Parcel No. C-26] 20 EL TORITO RESTAURANTS,INC., a Delaware corporation; 21 DOES 1 Through 100, Inclusive; and 22 ALL PERSONS UNKNOWN CLAIMING ANY TITLE OR INTEREST IN OR TO THE Action Filed: March 9, 2011 23 PROPERTY DESCRIBED HEREIN, [EXEMPT FROM FILING FEES - GOV. 24 Defendants. CODE, § 6103] 25 26 27 28 315557 1.DOC FINAL ORDER OF CONDEMNATION 1 Plaintiff San Bernardino Associated Governments, a Joint Powers Authority, acting as the San 2 Bernardino County Transportation Commission ("SANBAG")having applied for entry of a Final Order 3 of Condemnation, having previously stipulated to a Final Judgment in Condemnation, and SANBAG 4 and defendants having waived a Statement of Decision,judgment having been entered, and payment 5 having been made in full, no other party or person having or claiming to have an interest in the property 6 being acquired or the compensation to be paid for the property,and good cause appearing: 7 NOW, THEREFORE,IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit"A,"described as Assessor's Parcel 9 Number 0141-412-20, located at 280 E. Hospitality Lane, San Bernardino, California, and more 10 particularly described as SANBAG Parcel Number C-26,consisting of a permanent easement of 11 approximately 966 square feet, along with a temporary construction easement of approximately 3,388 12 square feet, as described in SANBAG's complaint on file in this matter("Subject Property"), is hereby 13 condemned to SANBAG for the purposes of constructing,maintaining and operating the sbX E-Street 14 Corridor Bus Rapid Transit Project("Project"), for the purpose of all necessary and convenient activities 15 associated with the construction of the Project and for public purposes. The temporary construction 1.6 easement shall commence seven(7)days from the date upon which SANBAG or its authorized 17 representative provides the applicable defendant with written notice of its intent to commence 18 construction utilizing the temporary construction easement and shall terminate on the earliest of(a)the 19 date upon which SANBAG notifies the applicable defendant that it no longer needs the temporary 20 construction easement, (b)six (6)months from the commencement date of the temporary construction 21 easement, or(c)December 31, 2013. 22 2. Additionally,SANBAG and Defendants Park Pelican Associates, a California partnership 23 ("Park Pelican"),and Claim Jumper Acquisition Company, LLC, a Nevada limited liability company . 24 (erroneously sued herein as Claim Jumper Acquisition Company, LLC, a California limited liability 25 company)("Claim Jumper'), agreed to the following provisions: 26 (a) Defendant Park Pelican has elected to retain one on-premises 18' high pylon sign at a 27 salvage value of$0.00; Defendant Park Pelican shall, at its sole cost and expense,remove said sign on 28 or before November 15, 2011. Upon approval from the City of San Bernardino,Defendant Park Pelican 315557 1.DOC FINAL ORDER OF CONDEMNATION I shall be permitted to relocate and install the existing sign (or install a new or replacement sign)within 2 the temporary construction easement area. Upon the relocation of the existing sign(or installation of a 3 new or replacement sign), SANBAG shall rotect the sign gn in-place during construction. In the event the 4 existing sign has not been moved on or before November 15, 2011, SANBAG is granted the right to 5 remove the sign at its sole cost and liability, and in such event Defendant Park Pelican specifically 6 releases SANBAG from any and all responsibility for said sign, and understands and agrees that this 7 item will be the sole property of SAN13AG upon its removal by SANBAG. Defendant Park Pelican 8 shall be liable and responsible for any future reconstruction,maintenance or adjustment of any relocated, 9 new, or replacement sign. SANBAG makes no representations or warranties as to Defendant Park 10 Pelican's ability to obtain approval from the City of San Bernardino to construct or maintain a relocated, 11 new, or replacement sign within the temporary construction easement area; 12 (b) The sign owned by Claim Jumper, a"Claim Jumper Restaurant"monument-sign on 13 the Subject Property, the sign cabinet of which (the "CJ Sign Cabinet")overhangs into the permanent 14 easement area,needs to be modified. The stone monument base on which the CJ Sign Cabinet sits does 15 not encroach into the permanent easement area, and therefore requires no modification. In exchange for 16 payment according to the Stipulated Final Judgment,Defendant Claim Jumper shall be responsible for 17 the modification of the CJ Sign Cabinet so that the sign cabinet no longer overhangs into the permanent 18 easement area. Defendant Claim Jumper shall, at its sole cost and expense,modify said sign cabinet on 19 or before November 15, 2011. Defendant Park Pelican agrees that the CJ Sign Cabinet may be replaced 20 with a new cabinet that does not intrude into the permanent easement area,provided the replacement 21 cabinet of said sign substantially conforms to the TNT Electric Sign Inc. replacement sign cabinet 22 proposal dated October 13,2011,obtained by Defendant Claim Jumper for the rriodification of the CJ 23 Sign Cabinet. Upon the modification of the sign cabinet, SANBAG shall protect the sign in-place 24 during construction, and shall be responsible for any damage caused to the CJ Sign Cabinet as a result of 25 construction of the Project. In the event the sign cabinet has not been modified on or before November 26 15, 2011, SANBAG is granted the right to remove the sign cabinet at its sole cost and liability,and in 27 such event Defendant Claim Jumper specifically releases.SANBAG from any and all responsibility for 28 said sign, and understands and agrees that this item will be the sole property of SANBAG upon its 2 FINAL ORDER OF CONDEMNATION I ' removal by SANBAG. Defendant Claim Jumper shall be liable and responsible for any future 2 reconstruction,maintenance,or adjustment of the sign cabinet. SANBAG makes no representations or 3 warranties as to Defendant Claim Jumper's ability to obtain approval from the City of San Bernardino to 4 construct or maintain the modified sign cabinet; 5 (c) There is an existing 35' to 40' tall pine tree on Defendant Park Pelican's Property 6 near the corner of Hospitality Lane and Commercenter East. Said pine tree is not within the existing 7 acquisition area, but Defendant Park Pelican believes its roots may be impacted by the construction 8 activities in the temporary construction easement area. Within six months after construction of the 9 Project at Defendant Park Pelican's Property is completed, should Defendant Park Pelican request, 10 SANBAG will retain, at its sole expense, a neutral and qualified arborist reasonably acceptable to 11. Defendant Park Pelican to examine the pine tree to determine whether the pine tree has been damaged 12 and if it will survive, and to deliver a written report to the parties regarding his/her conclusions and/or 13 recommendations. If the arborist determines the pine tree has not been damaged and will survive,no 14 further action shall be taken. If the arborist determines the pine tree will not survive, SANBAG shall 15 have the option of either(1)promptly replacing the pine tree, at its sole expense,with a healthy pine tree 16 of the same species and of similar size, or(2)paying Defendant Park Pelican an additional$12,500 no 17 later than 45 days after the delivery of the report. If the arborist determines the tree has been damaged 18 but will survive, SANBAG shall have the option of either(1)promptly abiding by the arborist's 19 recommendations,bearing the responsibility and cost of carrying out such recommendations, or 20 (2)paying Defendant Park Pelican the additional $12,500 no later than 45 days after the delivery of the 21 report; 22 (d) SANBAG shall cause its contractors, upon completion of their activities on the 23 temporary construction easement,to restore such area by: (1)reinstalling or replacing damaged or 24 removed lawn/grass; (2)reconnecting the landscaping sprinkler system at the new property line to 25 maintain the integrity thereof; (3)reconnecting the landscaping illumination lighting; and (4) excepting 26 items for which Defendant Park Pelican has been compensated,replacing boulders,rocks, flowers, and 27 shrubbery, as necessary, at no expense to Defendant Park Pelican,per Omnitrans' tree planting and 28 planting plan; and 3 FINAL ORDER OF CONDEMNATION I (e) Notwithstanding anything to the contrary herein, Defendant Park Pelican reserves the 2 right to file a construction damage claim against SANBAG's contractor for any damages that may result 3 from the negligence of SANBAG's contractor. 4 3. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 5 public purposes under Article I,Section 19,of the California Constitution,California Public Utilities.Code 6 section 130220.5,and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 7 for which SANBAG seeks to condemn the Subject Property,to wit, in connection with the Project and 8 for public transit improvements, is and was authorized by law and is and was a public use;the public 9 interest, safety, and necessity require the Project; the Project is and was planned and located in the 10 mariner that will be most compatible with the greatest public good and the least private injury; and the 11 Subject Property is necessary for the Project. 12 4. Just compensation has been paid to Defendants Park Pelican and Claim Jumper,and such 13 sum was accepted by Defendants Park Pelican and Claim Jumper, as full payment of just compensation 14 for the acquisition of the Subject Property and the construction of the Project in the manner proposed, 15 including, but not limited to, severance damages, loss of goodwill, loss of or damage to improvements 16 pertaining to the realty, fixtures, equipment, and/or inventory,precondemnation damages,relocation 17 benefits, and claims for attorneys' fees, litigation expenses, statutory costs, and interest pertaining to this 18 action. 19 5. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 20 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 21 of California. All liens,leaseholds, encumbrances of whatever kind and nature on the Subject Property 22 shall be cancelled. 23 24 Dated:-2 d 25 JUDGE F THE SUPERIOR COURT 26 BRYAN F FOSTER 27 28 4 FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"1" The land referred to herein is situated in the State of California,County of San and described as follows: t3' Bernardino, PARCEL 1; LOT 5 OF TRACT N0.9418,IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN PAGES 61 AND STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 130, PAGES 61 AND 62 OF MAPS,RECORDS OF SAID COUNTY OF CORRECTION RECORDED APRID 10, 1978 IN BOOK 9407 PAGE 06,OF OFFICIAL RECORDS. PARCEL 2: A NON-EXCLUSIVE EASEMENT FOR PARKING AND INCIDENTAL PURPOSES AS DEFINED LI AND DELINEATED IN THAT CERTAIN DECLARATION OF ESTABLISHIv1ENT OF PROTECTTVE COVENANTS,CONDITIONS AND RESTRI AND GRANTS OF EASEMENTS RECORDED FEBRUARY 18, 1977 IN BOOK 9118 PAGE 1645 OF OFFICIAL RECORDS AND By ANY ONS DECEMBER 11, 1978 IN BOOK 9577,PAGE 334 O OFFICIAL N RECORD RECORDED RECORDED JULY 24, 1979 IN BOOK 9734,PAGE 251 OF OFFICIAL RECORDS. PARCEL 3: A NON-EXCLUSIVE EASEMENT FOR PEDE FOR INGRESS STRIAN AND VEHICULAR ACCESS AND EGRESS,AS DEFINED CERTAIN RECIPROCAL G AND DELINEATED IN THAT "COVENANTS, CONDITIONS�NANDS RESTRICT NS,RECORDED OF IN BOOK 9472,PAGE 643 OF OFFICIAL RECORDS ED JilI,y 12, 1978 r C26-141-412 20-Attaaunent 1-doe LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT PARS>V, vF. 32LuJ!:.Guasti Road,SUile 2Q0,.Ontzri�,6A 91761 •. I�phRntr: l)$-2i2'61;0•Fay °d.9 212 350.5 Kwsv:p�r�ans.c°am EXHIBIT A RIGHT'OF WAY AP 04:1-41:2�24i THA f';ORTfON OF LOT S,?RAOT N©.041-0� IN t.H e1TY OF SAN,:BERNARC�IN.O,COUNTY 0E 13E�?N�1At7iNO�.sTRfiE bF°CALIF0I!NIA A' P` E •:trrlAt ECOAQED.iN t3bq 1• SAN IN 7 HE CSFFIC <OF`7 N[ ,iv )UfV T'Y REY✓ORD E`SA ID GflU: tl'>. . S, FI QED AS FWSLDWSNO 1?2.:OF IV jj8P., PARR EL-A Cash, -AT TH.',.SQU HE OF 1N¢( F�' T p4S TiF�NF3 0)✓ AfCJ t07 5, ETr A0 �t .�TY xH1Ek ALSO BE)NG;q POINT ON: )it !✓:q ��, S d�4.TF.iE:;S'(?,UT.H II.IVI= F ,TN:r~:t 0( TO f1pl J•T AONil`3"10 �1w , 'u � oa Q .A�q: O . .. :O .BE7NNtFiG''.. ? Tt�t ' ���TCi.� ��. "� �7' �. �>3?� �p:Pa'1 T.,;.•,4 NT �1�`W]=ST:��iL i�lw$. . M, LLZ � ;:r : : cuTH�. b �ttr ar3is = jc . o .TH$sY� : s-.. B)rt Nl �s SAS f A : F :Ei6 F�E1r ., r,/ 01 7'A1�L� coNTMNlNG 103-SQUARE FEET,MO WE OF1 LEES; F3A•R-�GE�'g. G�kuf 11• ICIN�:.q.Y-pOlfVl'''A" .0AI1 G.GIG #S *' 4G'fi3R:% O fA�!•GQ;AA;UEAI3-tM L,� �A POI,N7 ON'THE 88�°30'i�Z"V1l. p ??f' 4J7Fi' "` E: sQUTUlHt�FSAtb'r_ 44 Ff � �ST; J#' lCpN A C31' T-r.0 Z`f31r: �' r.. 1 Y�..•�r SQIJ. �: •.r3Q; 1;rrfz`_.IfJ:T•:O .E3E'LI.NNtN Q TIH. R S. f1-1 r t{ I1ty A FiA S OF p"� ,� :st 2 F. DO C9NTI.fiJUP. T•,1 H AI3G r=. r ,,F :A: A, � n. Ia]G F J4 �' F:7iNT i �1 E T0:. T A�l `Y -Q 3 47 4'.•x>. :•. F 1�llEis 'LIL511`JARTy"9:(j'"1,9 '` TC :. r { :y �7' { EziJ �q �} TFT �; RY Dl;yTA11e✓ty:OF `• € 3 A blax-ffNU fi�F� �K• r ..� T►��1�IC�.At" �AI�' v�: -. 8;32T ` < TF F..:l�1E Sfs. �'~,17';' tll`7, dg7Fi 89b4gj>a^ A • X�k ETA E s: .ST'A b[ x EN T�lq H 83 � Ois 31. 0 TEid.C 'NbL#T 3f1 - l .13 F E-tfyF�TH �"MAST A D T ' 'L`273:ESA ; TClEN ' DYC II KICE bF 3 8$-F �TF t J 5;1 3 �. .F P i.THt NOS', �71}7W�'3514V Td9 rjig 881'31: l=AS C,A tl'STA�feE:(31 8T 70:TH `GFt' E3thtt t�Ff`��rE`0'y1Nt��hiT,.A ,¢ ,7 BAST,�4 E9.15CANC�µpF 7-�Q FEI�T;•'tFiElslEi ' t�U`fili C9lu OWN 5t11A# E. 7;M�jE- Fi LESS. ALL AS tU10RE PAFIi1CULAf3LY sEI.OWtil pN EXHIBI f SA.TTACHEp.HE7O.AN b MADE A PART HllREO-,p. QAEP'THIS-IoPi ORJUNE,2010 Lu ROBERT EDWARD : STEAFFE � -, PE.25468. - •AYN�B3-�E12-2b 3201V � - - - ' Page 1 - — COMMERCENTER---------EAST � Q �rn ie tn Q 2.5.0, �� m a'-- o A te a . n m •3' • � r �..n t"` P"• ''A Coq . JV IN rn r ' Ob a> r ol Ln O lf' " n .Q a eret.re6 �ypo.bdgaTp siai�oia ' • c:\qy-LO{pinQ:itm\pt"9\pU,OG4870\Cms�IB09\A' " ' NI9t-94'2[1+RON-S(�ket(of lapn-.. :. LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT 32G4 E:GUasti Road,SORB ZOO,0r:1aao.CA 91761 :'Tgr6;,N e:.4oa-?j 3660:it yQ9$*g� .s r�vnupasons:cnn1 EXHIBIT A TEMPORARY CQNSTRVC'TION EASEME-t4-r AP 0141-412-20 THAT PORTION OF LOTS TRACT N.U.9.418, IN TH.E GITY OF SAN 6ERNARDIN�,C UfV: - F:q; RER�IARDIIVQ,gTATE OF•CALIFORNIA AS.PAR MAP RECOAbr=b IN BQ£7 C si.gj .1�A S;s.1 AN OF MAPS, IN THE QEFI.CE:pF THE COUNTY RFCORQEA-OF'SAID COUNTY;p�SCi�)B.�D A�'�CO�.L��yIS. A S� BMAINO NO At,THE' QUTM.EAST'COR,. C5F %Y t,E QF FIOSr jTA.IC Y.!q`t?J � ry 3AF AI4 LOT'S,A180-BEl �41?O� ly ,t?J `t fl DISTAN E'O 1,164:>= IEfVOE jlpi{ A 1'CSAl4�S.11TH LIM 80GTF1$'9'3:Q 1"�" RTN iT $r 51'01"V�(I Si7,A 1518-' NC'E,:( F3 .: FE �•` :... ..,. r-:....,S..; „ .. s'� W TA Y�IE Q O;> 8(x:•1 JST' k1E TO RM S0B LINE ; .TIiEi� SOOT $'V°20x35" OR 1{ br rg: Qt= . ! tsaioi :TI1VaQHAI:Dou1�Li ! s ;R1 't' XC1i?4:19:'FEL i A f G ? T(-� r° }w �+•�i y?y,��l�,E�:�S!CC21,8Q. 0,1�7','l�Ap/CST �} 7!'! V,wl i:�?: fAN J "-•'..a.i,. t.� tL ..: .1.. �.: .GSTIAktUyG�Q!_ ' •*'.�-J `7 TW1r1NI J O 1T, 1 H> QR e ,• Fa,� H�^Y(ry�E# SQ111' .0.7. ©T r Y" N T-H:N---Q'1,49:'t1�7�� � �}/j C�`.rh,�Tfi7<I.GE Cllr ST Ab��i o-A1 G:'y F. ,. Y. '�5 ..�X1 Zt •111.LY QI=3.8, :F E f, r. •b��5 1�°i ;f ET' .. E "iENF1;,53 f (c8 QQ," ,< .,. ,'` F�STfi '•' 45°24'43 ETA '3°.301 ` 15 z ,• 2'f-{IIGE7x;' ..• " S..y Q( T#Ii�V �:OI T* i :DISlGt~0..�103 F El" YJE TLI`' O 9 f_ THENt1 SOU't!# 'x . R,: H s; lk.t r= E `�,_: �. Vic. 'No tTH.8 N0RAbo." SAI r, T: „ } C3 z; 1 f L , .: .p W5.ST l[N:I�:t?70R'ft{ r. 34 F 7 4U!"' A5`f1 90k1`9144 �N� EAS° Df l'AIV�;1=•.OF 1"8 :L2 FED;T 1E' s QC T}�W.--RDF2.5: fi;. A ,•(%E s.N.: '��r SUi�FH(38°5`1.3"1"EA �A E( TF1 ( E;t�01t7w: AST:UNI•.Q1SAi:Q[I1T`THI"N:CEA1 di ONQ S�AtD EASE`LIfVEStUTf •''` FEAT T67� ff iE F'[ tl�jT.I3F BE. .II�li<IINlS7A(VCE OF 1;.4:1.85 FEE1'EL?THE °34©1 A T„A DIS7 AtJG>T:OF 846. EO(;1T1.IIItV 3,>8.8°Sfl1�t '• ET,Ik�.QE :Q13 IrE$:s. 44r4 WAE P C} iCU1LA .I.Y: I�CSVUIV QN EXHIBIT B ATTACHED.HEAET4-a�Nb: l A :.. . PAT.E.Q TF`IIS'1.01 Oi'JUKttw.2Q ti ' ...,PI�R� HEfIt~C31 , _lW R013ER'T EDWARD STEAF N PE-25068 ARNdl41-4j2-20TCE - ' i uDP,1 doll 00yS�9Jl-07,-ZIb-lb!NciSh6C1p�[swP\0196600`O\O,�A\tuK'6VIHJ4X."a4\:i, 7+01 OCBb b'OOik!Ca Rely G b0 0 a fl �. aci ula M Q y� r R4 o on :V. s; z: A, tit , uiy biiF €i.`v': ctil Tx 4i . •6y tu' qi ' off' �3': e ..'3• ._`'i•._ tti .w Cfl "'•-fin c' �S ,,��wp ��'`per`p' •��:�...'�`_. - !�w!`• 44 • o hL INS Q£ ra ' m.w ao ar:I I T. R � � A�`t to a„ _��.� Nsc •v Nti � � - .KY Cf hh Bz Fs' et LD' cam•_� t� � 3 s� _jc 3 O Q 4n, cm ' 43 d'• �• Y o e b v - V3 O\ tb pppp 9'cn CO Q1 b M Qf YA Ma iab to CD M Sti z vs !A x In z . lif• Y .. � . m -.Lb t 1 Q Iii lD It Qp Q M b � 1Sn3 t#�1N �H�YMOO RECORDING REQUESTED BY: SANBAG 1170 West 3rd Street,2nd Floor San Bernardino,CA 92410-1715 WHEN RECORDED MAIL TO: CITY OF SAN BERNARDINO 300 N.D STREET,3RD FLR SAN BERNARDINO,CA 92418 EXEMPT FROM REC.FEES PER GOVT.CODE§27383 APN(s): SeeExhibit"1" QUITCLAIM DEED EXEMPT FROM DOC.TRANSFER TAX PER sbX Parcel#C27-057 REV.&TAX CODE§11922 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SAN BERNARDINO ASSOCIATED GOVERNMENTS, a public agency existing under the laws of the State of California ("SANBAG"), acting as the San Bernardino County Transportation Commission, a public agency existing under the laws of the State of California ("Grantor"), does hereby REMISE, RELEASE and forever QUITCLAIM to the CITY OF SAN BERNARDINO, a California Municipal Corporation ("Grantee"), all of the right, title, and interest in the permanent easement(s) located in the City of San Bernardino, County of San Bernardino, State of California, as identified in those certain recorded instrument(s) listed in Exhibit 4", and further described as a permanent easement in a copy of said instrument(s) as Exhibit(s) "2", 663", 66499, 66511, 66699, 66799, "8" and 669", respectively, attached hereto and incorporated herein by this reference. Prior to the execution and recording of this Quitclaim Deed, the permanent easements were in favor of Grantor pursuant to those certain instrument(s) dated and recorded in the Official Records of San Bernardino County, California as indicated on Exhibit "I". Notwithstanding anything contained in this instrument to the contrary, to the extent that the (any) instrument identified in Exhibit(s) "2" through "9" include(s) a temporary easement (such as and including without limitation, for example, a temporary construction easement), this instrument does not include the same and, therefore, there shall be no transfer, assignment, set over, conveyance, grant or quitclaim of such temporary easement(s) or any interest therein by, under or pursuant to this Quitclaim Deed. Any facilities located within the property (properties) described as a permanent easement in the recorded instrument(s) attached hereto as Exhibit(s) "2" through "9", are being left in place in an "as is, where is, with all faults" condition. Grantee acknowledges and agrees that Grantor is conveying all right, title and interest in and to the herein-described real property on an "as is, where is, with all faults" basis. And Grantee further acknowledges and agrees that Grantor does not warranty the condition of the facilities and does not guarantee their fitness for any purpose. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below. Dated: GRANTOR: SAN BERNARDINO ASSOCIATED GOVERNMENTS acting as the San Bernardino County Transportation Commission ACKNOWLEDGEMENT OF GRANTOR(S): A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF } S.S. On before me, Notary Public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature SEAL: ACCEPTANCE This is to certify that the interest in the real property conveyed by the within instrument to the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council, and grantee consents to the recordation thereof by its duly authorized officer. CITY OF SAN BERNARDINO By: City Clerk Date: EXHIBIT "1" PARCEL/DOCUMENT LISTING Description Property Document Comment Number 2 C27 0141-402-38 285 E Hospitality Ln 2011-0252271 Easement Deed San Bernardino, CA 92408 3 C28 0141-412-15 290 E. Hospitality Ln 2011-0337282 Easement Deed San Bernardino, CA 92408 4 C29 0141-402-39 289 E. Hospitality Ln 2011-0252273 Easement Deed San Bernardino, CA 92408 5 C30 0141-412-13 294 E. Hospitality Ln 2011-0356003 Final Order San Bernardino, CA 92408 6 C31 0141-402-06 289 E. Hospitality Ln 2011-0252274 Easement Deed San Bernardino, CA 92408 7 C32 0141-412-14 1930 S Waterman Ave. 2012-0277019 Final Order San Bernardino CA 92408 8 C33 0141-402-07 1950 S.Waterman Ave. 2013-0004151 Final Order San Bernardino CA 92408 0281-372-22, 620-690 E. Hospitality Ln. C44 46 48 0281-372-10, San Bernardino, CA 92408 9 5052 0281-372-14, 2013-0206723 Final Order (Rancon) 0281-372-18, 0281-372-19 C45 47 49 0281-371-76, 525-575 E. Hospitality Ln. 0281-371-57, San Bernardino, CA 92408 9 51 0281-371-59, 2013-0206723 Final Order (Rancon) 0281-371-60 9 C57 0281-361-14 745 E. Hospitality Ln. 2013-0206723 Final Order (Rancon) San Bernardino, CA 92408 EXHIBIT 662" PARCEL NO. C-27 (EASEMENT DEED) [SEE ATTACHED] i 3 orded In Official Records, County of San Bernardino DOCK: 2011-0252271 5/2212011 8:00 AM f RECORDING REQUESTED BY: Lawyers Title Insurance Company 275 W.Hospitality Lane,Ste. 200 San Bernardino,CA 92408 Escrow and Order No. j 5 3L4 WHEN RECORDED MAIL TO: SAN BERNARDINO ASSOCIATED GOVERNMENTS sbX Project Office 1170 W.3rd Street,2nd FIoor San Bernardino,California 92410-1715 Portions APN(s,);Ot41-402-38 EXEMPT FROM RECORDING FEES PER GOVT.CODE 127383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV.tit TM CODE 411922 EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowle ged, SBH Hotel Corporation,a California Corporation("Grantor")does hereby GRANT and C NVEY to San Bernardino Associated Governments acting as the San Bernardin County Transportation Commission ("Grantee"), and its successors and assigns, an edement for public street purposes over and across,that certain portion of real property located in he County of San Bernardino, State of California, more particularly described in the legal escription attached hereto. SEE LEGAL DESCRIPTION SET FORTH IN EXHIBIT"A"AND MAP OF REAL PROPERTY SET FORTH IN EXHIBIT"B", both of which Attachments are incorporated by this reference. IN WITNESS WHEREOF,Grantor has caused this instrument to be executed an the date set forth below. Dated: 1 1)01) GRANTOR: SBH Hotel Corporation,a California C ration By: S tegic A rs,In 1 �ti1 C ,of �: , I rives ent By. Peer G.AyI Its Presiden ,r°`kfcltl NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) COUNTY OF SAN 'Dt EGO ) On 61yA M 18 2011 before me, OTT , not iry public, personally apps ___ ErEA G. kILWAAG , who proved to me on the basis of satisfactory evidence to be the person(oj whose nw e(s*afe subscribed to the within instrument and acknowledged to me that&sye/tjky executed the same in(qVr/thAr authorized capacity6e4, and that by(gVr/*ir signature(sj on the eat the person(s),or the entity upon behalf of which the personal acted,executed the itist> ent. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VMNESS my hand and official seal. Signa4#of Notary Public yCOa�igkn '8"'M �� Cam" to t� Ce a 2o1a l _ • Win. RECORDING REQUESTED BY Lawyers Title Insurance Company AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: IVAN San Bemardino Associated Govemments "Project Office Aftm Ryan Graham srrrett 1170 W.Vd Street,2°r Fba mows cmr.saes a San Bernardino,CA 97410-1715 ar coos Tm oRoER No.:116539U mwRm w: 11653934 SPACE ABOVE THIS UNE FOR RECORDER'S USE ON CERTIFICATE OF ACCEPTANCE This is to Certify that the interest in real property conveyed by the Easement Deed dated Februa 18,2011,from SBH Hotel Corporation, a California Corporation (OWNER/GRANTOR) to the San Soma")no Associated Governments (SANBAG) acting as the San Bernardino County Transportation Commission (GR kNTEE), by the within instrument, the provisions of which are incorporated by this reference as though fully t forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of SANBAG purse int to authority conferred by the SANBAG Board of Directors Agenda Item 22,adopted on February 2, 2011, an the GRANTEE consents to recordation thereof by its duly authorized officer. Descriptlonfidentikedon of real property: 285 East Hospitality Lane,San Bernardino,CA 92408 Dated: By; i Deborah Robinson—!'3'-in rack,Executive Director STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On Hn��� � Po// before me, �! (Dots) (Name and We&the of6car) personally"appeared l)e-6arA�4 Ro kn3Jn who proved to i ne on the basis of a Marne,or person srgnurg � svkknce to be the person(N whose nanrer�s'1 Isim subscribed to the within instrument and ec* to me that eked the same in fiedBWr author capa�ypse and that by Jrisltrerlfheir sionstune(y) on inst ument the person,or the enttty upon behalf of which the person acted,exihs instrument 1 certify wader PENALTY OF PERJURY under the laws of the State of Caiifomia that the foregoing paragraph Is true and c offea WETNESS my hard and offidai seal. Signature of officer A11MJ11>r<OANA (Seat) cafrtffM I'1 l a 11f333titi No"Public-coords son 9emardtlea County "mm Ex ices ilea s,2013 EXHIBIT"A"TO EASEMENT DEED Legal Description of Easement [APN: 0141-402-381 r-g PARSONS EXHIBIT A RIGHT OF WAY AP 0141402-38 t THAT PORTION OF PARCEL 1,PARCEL MAP NO,8619,IN THE CITY OF SAN BERNAROI COUNTY OF SAN BERNARDINO.STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 97,PAG81 AND 82 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1,ALSO BEING ON THE SOUTH RIGHT OF WAY LINE OF HOSPITALITY LANE;THENCE ALONG THE EAST LINE OF SAID PARCEL SOUTH 00'23'13' EAST 3.96 FEET;THENCE NORTH 88'51'31'WEST 9 98 FEET TO A LINE PARALLEL WITH AND 3.67 FEET SOUTH OF THE NORTH LINE OF SAID PARCEL;THENCE ALONG SAID PARALLEL LINE SOUTH 89'30'17" WEST 20.05 FEET;THENCE NORTH 35'41'49'WEST 3.88 FEET TO A LINE PARALLEL WITH AND 0.50 FEET SOUTH OF THE NORTH LINE OF SAID PARCEL;THENCE ALONG SAID PARALLEL LINES UTH 89'30'17' WEST 152.82 FEET;THENCE SOUTH 01'12'56'EAST 3.17 FEET TO A LINE PARALLEL WI AND 3.67 FEET SOUTH OF THE NORTH LINE OF SAID PARCEL;THENCE ALONG SAID PARALLEL LINE S 69'3917" WEST 46.01 FEET;THENCE NORTH 35'41'49"WEST 3.88 FEET TO A LINE PARALLEL W IrH AND 0.50 FEET SOUTH OF THE NORTH LINE OF SAID PARCEL;THENCE ALONG SAID PARALLEL LINE SOUTH 89'30'17' WEST 70.37 FEET;THENCE SOUTH 87.52'05'WEST 33.07 FEET TO THE WEST LINE OF$AID PARCEL; THENCE ALONG THE WEST LINE NORTH 00'34'01"WEST 1.45 FEET TO THE NORTH LIN�OF SAID PARCEL;THENCE ALONG THE NORTH LINE OF SAID PARCEL NORTH 89'30'17'EAST 33 .72 FEET TO THE POINT OF BEGINNING. CONTAINING 436 SQUARE FEET,MORE OR LESS, ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A FART HEREOF. DATED THIS 18TH OF AUGUST,2010 I,O'RARD +T > m NO. o a ti I 3 RQBERT EDWARD STEAFFENS,PE 25068 r'^I"N"1 o f N, n APN 141-402-38 ROW Vagc 1 I i EXHIBIT"B"TO EASEMENT DEED Map of Real Property [APN:0141-402-38) I f !9 I uOO Oft►►00dL&4 0.+*04 LaC � t M m o � a c M 3Ata0 r HUM SS3N1Sl18 s 0 03 M H '! Q6 W ,95 ,0£ up L9 w 40 d � 4 M H Q H` SOW_ �J r V r Ow NO _ cn a G N �p N a; d 0` � Q I_ � � N N• �► Mf �f � Y~f w�j EXHIBIT "Y' PARCEL NO. C-28 (EASEMENT DEED) [SEE ATTACHED] RECORDING REQUESTED BY: Recorded O Records, • County of t San n Bernardino Lawyers Title 81101 e Insurance Company 2011-0337282 811612011 1:00 PM 275 W.Hospitality Lane, Ste. 200 San Bernardino,CA 92408 Escrow and Order No. WHEN RECORDED MAIL TO: SAN 13ERNARDINO ASSOCIATED GOVERNMENTS sbX Project Office 1170 W.3'd Street,2°d Floor San Bernardino, California 92410-1715 Portions APN(s.):0141-412-15 EXEMPT FROM RECORDING FEES PER GOVT CODE§27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV.&TAX CODE§11922 EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Seungho Peter Alin and Deokhee Alin, husband and wife as community property, as to an undivided 50% interest and Chung Hyun Nam and In Kyung Nam, husband and wife as community property, as to an undivided 50% interest ("Grantor") do hereby GRANT and CONVEY to SAN BERNARDINO ASSOCIATED GOVERNMENTS acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION ("Grantee"), and its successors and assigns, an easement for public street purposes over and across, that certain portion of real property located in the County of San Bernardino, State of California, more particularly described in the legal description attached hereto. SEE LEGAL DESCRIPTION SET FORTH IN EXHIBIT"A"AND MAP OF REAL PROPERTY SET FORTH IN EXHIBIT"B", both of which Attachments are incorporated by this reference. IN WITNESS WHEREOF,Grantor has caused this instrument to be executed on the date set forth below. Dated: P4f Z7, s o[ ! GRANTOR: Seungho Peter Alin and Deokhee Ahn, husband and wife as community property, as to an undivided 50% interest and Chung Hyun Nam and In Kyung Nam, husband a as unity property, as to an undivided 5 /o interest Se Ahn Deokhee Ahn 0-- k tt k H k�bri( Ay Chung Hyun am 4 S 44eV" IAJ -tCj4!1:f N*" In Kyung Nam et s M-sw '` � i NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) )ss. COUNTY OF / g A n QT s ) On � 2011 before me, /t�°�- �� Uq/`r' k notary public, personally appeared -S col - Pe�-c, A 4,, a.,.( f��a �l�-/� � < <{ !� ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. COMM N1767842 ��Cobra, Signature of Notary Publi STATE OF CALIFORNIA ) )ss. COUNTY OF_Z—c 't (.j ) On � 2 > 2011 before me, 144A p 4p(� V,,4 nr,'(< > notary public, personally appeared �� %_ S�c t 4 4 a ,who proved to me on the basis of satisfactory evidence to be the person('whose name(&)-Wage, subscribed to the within instrument and acknowledged to me that he/she hey executed the same in his/h nWieir authorized capacity(ies} and that by his/her/their signature(# on the instrument the person(s),or the entity upon behalf of which the peison4s)-acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct_ WITNESS my hand and official seal. MARK VAPWK COMM. #1767842 Z Notary Public •California 0 s t ownN efts c4wt�ft SW 16 20i i Signature of Notary Pubt c RECORDING REQUESTED BY Lawyer's Title Insurance Company AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO UWE San Bemardino Associated Governments sbX Project Office Attn:Ryan Graham STREEr 1170 W.3`"Street,2ntl Floor ADDRESS Cm.STATE a San Bernardino,CA 92410-1715 ZIP CODE TITLE ORDER NO.'.11653936-10 ESCROW NO.. 11653936-10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated May 27, 2011, from Seungho Peter Ahn and Deokhee Ahn, husband and wife as community property, as to an undivided 50% interest and Chung Hyun Nam and In Kyung Nam, husband and wife as community property, as to an undivided 50% interest (OWNER/GRANTOR) to the San Bernardino Associated Governments (SANBAG) acting as the San Bernardino County Transportation Commission (GRANTEE), by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of SANBAG pursuant to authority conferred by the SANBAG Board of Directors Agenda Item 22, adopted on February 2, 2011, and the GRANTEE consents to recordation thereof by its duly authorized officer. Description/identification of real property: 290 E. Hospitality Lane, San Bernardino, CA 92408 or APN 0141-412-15 Dated: By: Deborah Robinson Barmack, Executive Director STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 1 ( On `1 U h L lb, Z O t( before me,_ Yl�l� `c��y1c� iV C-+7. �u w I (Date) (Name and title of thif officer) personally appeared lJ�D�rL to n�SD� t.�cL�W`e.c F— who proved to me on the basis of (Name of person signing satisfactory evidence to be the person whose nameW islare-subscribed to the within instrument and acknowledged to me that be/she/they executed the same In bW edtbeir authorized capacity(iae), and that by 4nilhertllheir signature on the instrument the person(O,or the entity upon behalf of which the persono r)acted,executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of officer ,Seaf IlaANNA ALDANA cammililaw 0 1A Notxy Pvblk-CWontfa San MnWo"008* M Comet.Et 6 MW 6 2011 EXHIBIT"A"TO EASEMENT DEED Legal Description of Easement [APN: 0141-412-151 PARSONS EXHIBIT A RIGHT OF WAY AP 0141.412-15 THAT PORTION OF LOT 5, TRACT NO.10345,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 144 PAGES 11 AND 12 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: PARCEL A COMMENCING AT A POINT ON THE SOUTH LINE OF SAID LOT 5,BEING THE SOUTHERLY TERMINUS OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET,A RADIAL BEARING TO SAID CURVE BEARS SOUTH 00°29'43"EAST;THENCE NORTHEASTERLY 1.93 FEET ALONG SAID CURVE AND SAID SOUTH LINE THROUGH A CENTRAL ANGLE OF 05°31'57"TO THE TRUE POINT OF lEr�NN ING; THENCE CONTINUING ALONG SAID CURVE 25.46 FEET THROUGH A CENTRAL ANGLE OF 72°56'31"; THENCE NONTANGENT SOUTH 89°30'17"WEST 1.76 FEET;THENCE SOUTH 44°30'17"WEST 22.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 78 SQUARE FEET, MORE OR LESS, PARQEL.� COMMENCING AT A POINT ON THE SOUTH LINE OF SAID LOT 5,BEING THE SOUTHERLY TERMINUS OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET,A RADIAL BEARING TO SAID CURVE BEARS SOUTH 00'29'43"EAST;THENCE ALONG SAID SOUTH LINE SOUTH 89'30'17"WEST 185.49 FEET TO THE TRUE EQIINT OF BEGINNING;THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 89°30'17"WEST 30.43 FEET;THENCE NORTH 29°0129"EAST 1.58 FEET;THENCE SOUTH 88°51'31"EAST 13.11 FEET TO A LINE PARALLEL WITH AND 1-00 FEET NORTH OF SAID SOUTH LINE;THENCE ALONG SAID PARALLEL LINE NORTH 89°30'17'EAST 15.84 FEET;THENCE SOUTH 35'41'49"EAST 1.23 FEET TO THE TRUE POINT OF 899INNING. CONTAINING 32 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 30TH DAY OF AUGUST,2010 C--- OQR0fESS/0-x,9 1 cr ROBERT EDWARD STE NS,PE 25068 0. ���`" REGISTRATION EXPIRES 12/31/11 t. OF tEa� J� APN 0141-412-1S ROW Page 1 EXHIBIT"B" TO EASEMENT DEED Map of Real Property [APN: 0141-412-15] n z z CD rn p C O O C► O O o a m CA rn O I I r m t � s f m 56' s� t ao ME s ` d co CHIDaw // \ n MP InQ cD \ —4 ® �1 Z � r W 1 v, r n I l Ir. ova° zol � m r; z a , rn n f 1 to W I r 1C • CJD ! oCK) to � W N r a I a Co BUSINESS CENTER DRIVE !.d o LOT 4 TRACT N®. 0365 � N 0 o m 0 P1eft.d hY.00044960 9/V2010 AF"M-412-1S-ROM-Shoattol Ldan EXHIBIT "4" PARCEL NO. C-29 (EASEMENT DEED) [SEE ATTACHED] i Record.11n 011ici�Records, county of San Bern dino Doc#: 20i1-0252213 612212011 8:00 01 i 1 I RECORDING REQUESTED BY: Lawyers Title Insurance Company 275 W.Hospitality Lane,Ste.200 San Bernardino,CA 92408 Escrow and Order No. 11663931 WHEN RECORDED MAIL TO: SAN BERNARDINO ASSOCIATED GOVERNMENTS sbX Project Office j 1170 W.P Street,2nd Floor j San Bernardino,California 92410-1715 Portions APN(s.):0141402-39 EXEMPT FROM RECORDNG FEES PER GOVT.CODE§27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV.do TAX TDE§11922 EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby ackno! ledged, CPT/SC Title Holding Corporation, a California corporation("Grantor")does hereby GRANT and CONVEY to San Bernardino Associated Governments acting as the San Be ardino County Transportation Commission ("Grantee"), and its successors and assigns,an basement i for public street purposes over and across, that certain portion of real property located in the County of San _Bernardino, State of California, more particularly described in t�.e legal i description attached hereto. i SEE LEGAL DESCRIPTION SET FORTH IN EXHIBIT"A"AND a.s..r: MAP OF REAL PROPERTY SET FORTH IN EXHIBIT"B", j both of which Attachments are incorporated by this reference. IN WITNESS WHEREOF,Grantor has caused this instrument to be executed on the date set forth_below. Dated:: GRANTOR: , CPT/SC Title Holding Corporation,a California core tion By: Strat•g'c Pro viser ,I c. 7Y i r. Its In a tine a r :: By: P er r. rd Its Presi t It ,. I f ! i 3 NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA } )ss. COUNTY OFE'N On fmp4l , 2011 before me, J�. OT T , notary public, personally appeared PE tgR G• AYWARD , who proved to me on the basis of satisfactory evidence to be the persono whose namej4)b/afe subscribed to the within instrument and acknowledged to me tha(i sl?e/tb6y executed�he same in is t06/tl6ir authorized capacity, and that by hi Er/th4tr signature(gy on the instrument r the personK,or the entity upon behalf of which the personae'}acted,executed the instrument. 1 I certify under PENALTY OF PERJURY under the laws of the State of Cali6rnia that the foregoing paragraph is true and correct. f WITNESS my hand and official seal. Signat r of Notary Public iM1 3`s J: w—i ,fArM� J.OTT CowwolasbM1#18450 halacy Public•Calif Ese Dlep Cou Coo+m. rrrs t T. 013 � %+ti�i'�'.',,'•�•t trig f:i'ita.?f e t� t •xi M i 4i 00RDiNG REQUESTED BY t�-Wers Title insurance Company i , D WHEN RECORDED MAIL DOCUMENT AND 1 11�AX STATEWNT TO: NAUE San Bernardino Associated Governments sbX Project Office Attn:Ryan Graham sraEeT 1170 W.3d Street,2"Floor Atror�sa crrysTATea San Bernardino,CA 92410-1715 zr cooe ORDER No:1165397 ESCROW NO.: 1165397 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY CERTIFICATE OF ACCEPTANCE Ibis is to certify that the interest in real property conveyed by the Easement Deed dated February 18, 2011, from PT/SC Title Holding Corporation, a California corporation (OWNER/GRANTOR) to the San Bernardino Associated Governments (SANBAG) acting as the San Bernardino County Transportation Commission ( RANTEE),by the within instrument,the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of SANBAG pursuant to authority conferred by the SANBAG Board of Directors Agenda Item 22, adopted on February Z. 2011, and the 9RANTEE consents to recordation thereof by its duly authorized officer. Description/identification of real property: 285 East Hospitality Lane,San Bernardino,CA 92408 ..,.,vl. Wed: . all s1, r ,y. Deborah Robinson Barmack, Executive Director t ;! I STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On 41 1. 2,�, ��u before me, (bate) (Name and title of t a officer) f2 / personally appeared who proved to r a on the basis of ame of person signing satisfactory evidence to be the person(t�5 whose name is/w4,subscribed to the within instrument and adcnowiidged to me that 41WSheltkeyr executed the same In itW erfttiaif.authoriz capacityyfV and that b&riafierfthak signature(sl on the instrument the person(O,or the entity upon behalf of which the person acted,executed the Instrument. I certityiiie, PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is true and ti orrect. WITNESS my hand and official seal. Signature of officer ANNA ALflW {Seal; Cort�rMittfoel rf 135AS6i Notary Pnbk-CaVon" ; Sin Bom& bw Coungr I Cnertnl. mor ti 201 3 i , 1 1 i EXHIBIT"A"TO EASEMENT DEED i Legal Description of Easement i [APN:0141-402-39] I 3i I I f}� i ' I i 1 - PARSONS 2Y00 E.Q: 0 f{ g:i.:;nm:°:J.i75...,P. YS, •,. .,'c i %:^+ .a 3F. i ! ExHIBIrA RIGHT OF WAY AP 0141-40239 THAT PORTION OF PARCEL 2,PARCEL MAP NO.8619, IN THE CITY OF SAN BERNARDINO.COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 97, PAGE 81 AND 82 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DSCRIBED AS FOLLOWS. BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2,ALSO BEING ON THE SOUTH RIGHT OF WAY LINE OF HOSPITALITY LANE; THENCE ALONG THE WEST LINE OF SAID PARCEL SOUTH 00"2313" EAST 3.96 FEET;THENCE SOUTH 88'5131" EAST 2.84 FEET;THENCE NORTH 36'2015"EAST 3.88 FEET; THENCE SOUTH 88'51'31"EAST 93.23 FEET TO THE EAST LINE OF SAID PARCEL;THENCE ALONG SAID EAST LINE NORTH 00°26'51"WEST 3.60 FEET TO THE NORTH LINE OF SAID PARCEL; THENCE ALONG SAID NORTH LINE SOUTH 89°30'17"WEST 98.35 FEET TO THE POINT OF BEGINNING, CONTAINING 229 SQUARE FEET,MORE OR LESS, ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PARTIHEREOF. DATED THIS 30TH OF JULY,2010 Ess, cmt- m y ROBERT EDWARD STEAFFENS,PE 25068 APN 141.402.39 ROW Page 1 EXHIBIT"B"TO EASEMENT DEED Map of Real Property [APN: 0141-402-39] i .. i i i f i 1 i f uDpylooVS-MOtl-6C-20Y-IYWdr ao¢iovc i 046 YY00 tli.Cd poiaoy 0 I i � 4 CY } CIO = CL ,95 1W ii W Al w off ¢ L � e Z o" x a !Lo �n+aa l�3dN�� SS3NISf18 Q f M Al +S N ti a W n w EXHIBIT "5" PARCEL NO. C-30 (FINAL ORDER) [SEE ATTACHED] PLEASE COMPLETE THIS INFORMATION. Recorded to OtBetal Records,Connry of San Bernardino 8123/2811 RECORDING REQUESTED BY: C°"" DENNIS DRAEGER 4:24 PM San Bernardino Associated Governments,a Joint ASSESSOR — RECORDER — CLERK MP Powers Authority,acting as the San Bernardino County Transportation Commission k P Counter AND WHEN RECORDED MAIL TO: Doe#: 2011-0356003 Titles: 1 Pages; 16 Rick E.Rayl Nossaman LLP Fees 0.00 18101 Von Karman Avenue, Suite 1800 Taxes 0.00 Irvine,CA 92612 other 0.00 PAID $0.00 THIS SPACE FOR RECORDERS USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(,)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional zecording fee applies) 9/95 Rec.Form#R25 American LegalNet,Inc. www.USCourtFomn.com 3 I NOSSAMAN LLP RICK E.RAYL (SBN 174257) 2 rrayl@nossaman.com 3 BRADFORD B. KUHN (SBN 245866) bkuhn@nossaman.com COU SUPERIOR Co N r 4 Special Counsel SAN ERNA A o o ARDINo 18101 Von Karman Avenue, Suite 1800 AU6 U 5 Irvine, CA 92612 2011 Telephone: (949) 833-7800 6 Facsimile: (949)833-7878 By 7 eputy Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO 10 COUNTY TRANSPORTATION COMMISSION 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 FOR THE COUNTY OF SAN BERNARDINO 14 SAN BERNARDINO ASSOCIATED GOVERNMENTS, a Joint Powers Authority, Case No: CIVDS 1103187 15 acting as the SAN BERNARDINO COUNTY ASSIGNED 16 TRANSPORTATION COMMISSION, JUDGE JOHN P ALL ANDERFEOER, DEOPT. S37 17 Plaintiff, [PROPOSED] FINAL ORDER OF 18 vs. CONDEMNATION 19 BW HOSPITALITY LANE, LLC, a California [Parcel No. C-30] limited liability company; 20 STATE BANK OF INDIA (CALIFORNIA), a 21 California corporation; DOES 1 Through 100, Inclusive; and Action Filed: March 9, 2011 22 ALL PERSONS UNKNOWN CLAIMING ANY TITLE OR INTEREST IN,OR TO THE 23 PROPERTY DESCRIBED HEREIN' [EXEMPT FROM FILING FEES - GOV. 24 Defendants. CODE, § 61031 25 26 27 28 311577_].DOC FINAL ORDER OF CONDEMN,q,TION I Plaintiff San Bernardino Associated Governments,acting as the San Bernardino County 2 Transportation Commission ("SANBAG")having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to a Final Judgment in Condemnation,and SANBAG and defendants 4 having waived a Statement of Decision,judgment having been entered, and payment having been made 5 in full,no other party or person having or claiming to have an interest in the property being acquired or 6 the compensation to be paid for the property, and good cause appearing: 7 NOW, THEREFORE,IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit"A,"described as Assessor's Parcel 9 Number 14141213,located at 294 E. Hospitality Lane, San Bernardino, California, and more 10 particularly described as SANBAG Parcel Number C-30, consisting of a permanent easement of 11 approximately 37 square feet, along with a temporary construction easement of approximately 801 12 square feet, as described in SANBAG's complaint on file in this matter("Subject Property"), is hereby 13 condemned to SANBAG for the purposes of constructing,maintaining and operating th P g e sbX E-Street I 14 Corridor Bus Rapid Transit Project ("Project"), for the purpose of all necessary and convenient activities 15 associated with the construction of the Project and for public purposes. The temporary construction 16 easement shall commence seven(7)days from the date upon which SANBAG or its authorized 17 representative provides the applicable defendant with written notice of its intent to commence 18 construction utilizing the temporary construction easement and shall terminate on the earliest of(a)the 19 date upon which SANBAG notifies the applicable defendant that it no longer needs the temporary 20 construction easement, (b) six (6)months from the commencement date of the temporary construction 21 easement, or(c) December 31,2013. 22 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 23 public purposes under Article I, Section 19, of the California Constitution, California Public Utilities Code 24 section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 25 for which SANBAG seeks to condemn the Subject Property, to wit, in connection with the Project and 26 for public transit improvements, is and was authorized by law and is and was a public use; the public 27 interest, safety, and necessity require the Project; the Project is and was planned and located in the 28 311577 1.DOC _ 1 FINAL ORDER OF CONDEMNATION -- 1 manner that will be most compatible with the greatest public good and the least private injury; and the 2 Property is necessary for the Project. 3 3. Just compensation has been paid to BW Hospitality Lane, LLC, a California limited 4 liability company("Defendant"), and such sum was accepted by the Defendant, as full payment of just 5 compensation for all claims of any nature,including without limitation all claims for severance damages, 6 relocation assistance,business goodwill,real and personal property,fixtures, equipment,damages, 7 compensation,fees,costs,and litigation expenses,other expenses,interest,and any and all other claims 8 which have been or could have been raised in the lawsuit. 9 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 10 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State I 1 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 12 shall be cancelled. 13 14 Dated: 15 JUDGE OF 'TIE SUPERIOR COURT 16 SWI A-4 S. Mc4r-% 17 18 19 20 21 22 23 24 25 26 27 28 2 FINAL ORDER OF CONDEMNATION EXHIBIT A t f LEGAL DES CRIPT'ION FOR LARGER PARCEL All that certain real property situated in the County of San Bernardino, State of California, described as follows: Lots 3 and 4,.Tract No. 10345, In the City of San Bernardino, in the County of San Bernardino, State of California, as.per.piat recorded in Book 144 of Maps, Pages 11 and 12, records of said :County. • OD-4141-412-13 LEGAL DESCRIPTION:AND PLAT MAP FORPERvZANENT EASEMENT. f 1 PAASONs 3260 E.G:ia;!E read.Suite 200,pntario.CA 9176, •Tstoltone: 2i8• .00•tar,q0&2 1 S 3605•::�tivw.�aiSF txw�e I EXHIBIT A i . RIGHT OF WAY AP 0141-412-13 THAT PORTION OF LOT 4,TRACT NO-10346f IN THE CITY OF SAN BI:RNtARDINO,WVMYOF SAN I! BERNARDINO,STATE OF CALIFOANIA AS.PER MAP RECORDED IN 600K 144;RAGES 111 AAl1D?OF MAPS, I IN THE OFFICE OP THE.COUNTY RECORDER OF SAID COUNTY,DESCR16ED AS FOLLOWS`_ BEGINNING AT THE SOUTHEAST GORNER OF SAID LOT 4,ALSO BEING ON THE NO LINE OF HOSPITALITY LANE;THEN'L'E,&(G NG THE 9TH RIGHT OF WAY FEET;THENCE SOUTH-87'52'46'WEST 50.98 FEET TO THE SOUTH UNE Ofl.$A p LOOT,7NENC /ALONG SAIDSOttTI{LINE NORTH 89°3017'EAST 50, 4 FEt=T TO THE POINT OF BECGIAMN(-,. CONTAINING 37 SOVARE MET,ME)gfi dR All AS MORE PgR11CULAF3L`Y SHOWN ON EXHIBIT B ATTACHI-D HE,R,E'T.p AN.Q MADE A PARTHEREQF: DATED THIS 18TH DAY OF AV.GUST,2010 F20BF�T kDWA ^� FEN-,PE 25068 REGIBTRATJON EXP ES 1?131%11 AM 141412 13 ROW LL Faye 1 � e 1 • X01 O'SO&OG"9 PO&SOW WIN o rat i O T P t �1� t d � - Gl' O � 4 as, rl u} m' Pill b 3Alt�(]- ;H31N3�� �S�NC��1H p � IUD 1 LEGAL 1DESCR1IPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT • i • 3200 E.Guastl Road,Stile 100.Ontzrk.Gl 917L1 •Tekphora,:909-218.3600.Fzc 903213.3,'(31• %vv.w.par ors.tam- I EXHIBIT A i TEMPORARY CONSTRUCTION EASEMENT s AP 0141-41243 = THAT PORTION OF LOT 4.TRACT NO.10345,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFOR'NIAAS PER MAP t ECQRDEDµti 60QA 1.44,PAGES'II ANb 12 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DEkR BED AS FQL.LOWS: 001AHNIENCING'AT Tric,SOvi hcm'r CORNER OF:$Aij3 LOT 4.ALSO 6EING ON THr NOR•T H WGHT OF,'W.4Y LINE OF FtO�`PRALITY LANE;T}tENCE ALONG THE EAST LINE OF SAID LOT NORTH*-je51"W1±5T 1.46 FEET TO THE TRUE P`2 T OF&E_�a1NN_11 ;THi CE.SOUTH Br52'jD5' 1FST 50 95 FE�f TO THE SOUTF1 L1NE pF SAID LG9T;THE.. E Ai:ONG SMD•SOUM AND SJOUTHWESfi LWES THiRgUGH THt FOLt OWJNQ THREE COURSES: I. SOUTH 89'30'17"WEST 79.Q4•FEET TO THE 9EG1NNlNG OF A GURUE CONCAVE t4oP HEASTEFtLrY { HAVING A RADIUS OF 20,b FEC7; {j 2. NOR 7'WE STEf2LY 31.42 FEET A.I ON.q$AID-QURYE THROUGH A CENTkALANJ�LE dF 90°00'gv, } f 3. NORTH 00%29'43 Y!'WEST 1.1B FEET,, THENCE NORTH 89'3 '05°EAST 5-00 FEET',THENOE'SOUTH 41'W-'I0 EAST 26.60 FEET-'THENCE NORTH WOVE—AST i2'ETT43•TfiE,EM3TLINECfF$PtJt LQT,THENCEALORIGSA(DEi�'1`.LINE-S&j6 Op°26'S1"EASTS,OUF E1 TOOftfkUE.POiNf-OF BEGINNING. P0,NTAJ iN.G:80'I SQUARI?FEET,MORf?f7R LESS ALL AS tA0I2E)'AqT-ICUL kR0'SHAWN QN EXHIBIT B ATTACHED HERFT.0 AND WYE A PART, HERE-OF. DATED!THI$6TM DAY OF JUNE,2010 - • . •.;• ROBERT EDWARD F ENS,PE-266G8 oa (Vo, , m REG18TRA-ROM EXPIE�5 12.16 1 APNfllki 412-13TCC --- Page 1 u00'I oloz/wi 09r VbO*"o notaoy 0 0 olta F- \ - u LU lu �''� � L •tee' � ` n. uc*" .°x Q y• J x ., a Ja H y' 1 Gj gh -:2 - w a �OO • 1 °°ice-'—=�---•- -{. 3I1t#t!— t33 LN3� SS3.ilS(1� , J I o - e�i o w w , EXHIBIT 666" PARCEL NO. C-31 (EASEMENT DEED) [SEE ATTACHED] Recorded in Official Records, County of San Bernardino Dock 2011-0252274 6/2212011 8:00 AM RECORDING REQUESTED BY: Lawyers Title Insurance Company 275 W.Hospitality Lane,Ste.200 San Bernardino,CA 92408 Escrow and Order No. l�_M - WHEN RECORDED MAIL TO: SAN BERNARDINO ASSOCIATED GOVERNMENTS sbX Project Office 1170 W.3`d Street,2nd Floor San Bernardino,California 92410-1715 Portions APN(s):0141-402-06 EXEMPT FROM RECORDING FEES PER GOVT.CODE 127383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV.do TAX CODE§11922 EASEMENT DEED FOR VALTJABLE CONSIDERATION, receipt of which is hereby ackno,fledged, CPT/SC Title Holding Corporation, a California corporation("Grantor")does hereby RANT and CONVEY to San Bernardino Associated Governments acting as the San Ber ardino County Transportation Commission("Grantee"),and its successors and assigns,an easement for public street purposes over and across, that certain portion of real property located in the County of San Bernardino, State of California, more particularly described in the legal description attached hereto. _,:zfs•;i3,>r'::;; !I 308ly+E LEGAL DESCRIPTION SET FORTH IN EXHIBIT"A"AND MAP OF REAL PROPERTY SET FORTH IN EXHIBIT"B", both of which Attachments are incorporated by this reference. IN WITNESS WHEREOF,Grantor has caused this instrument to be executed on the date setfa3tcbch j i GRANTOR: • CPT/SC Title Holding Corporation,a California co tion By: Strat P d 1s rs, .•a; ,py•r-: Its In t nt r Mal By' .Srs}}1a;ii: :k :rt' -t_ Pe ylward Its esi ent ii NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) i i STATE OF CALIFORNIA ) ss. COUNTY OF SAN On (&UVXKY 2011 before me, , ��� , notary public, personally appeared Crime G. Aylwf-Rp , who proved to me on the basis of satisfactory evidence to be the person( whose name(6(5/* subscribed to the within instrument and acknowledged to me thatjgh #e/tl�y executed the same in erltieir authorized capacity hi), and that b &/tUir�siignature(o on the instrument the persono,or the entity upon behalf of which the person(4 acted,executed the instrument. I certify under PENALTY OF PERJURY under the Iaws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signs Notary Public J.OTT Y l*�' ;in'j ColrMnitsion ar 1845095 Mctary Public-Calttornil San oie p0 Cou" CM omm.Ex ire$A r 17,2013 j; 1 1 t i CORDING REQUESTED BY awyers Title Insurance Company No WHEN RECORDED MAIL DOCUMENT AND i STATEMENT TO San Bernardino Associated Governments sbX Project Office Attn:Ryan Graham SR EEr 1170 W.3d Street,24 Floor AOCAEss my.srA-m s San Bernardino,CA 92410-1715 Zr coot= T TL.E oRoER No.:1165397 ESCROW No 1165397 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY CERTIFICATE OF ACCEPTANCE 3 This is to certify that the interest in real property conveyed by the Easement Deed dated February 18, 2011,from PT/SC TiBe Holding Corporation, a California corporation (OWNERIGRANTOR) to the San Bemardino A�ssociated Governments (SANBAG) acting as the San Bernardino County Transportation Commission ( RANTEE),by the within instrument,the provisions of which are incorporated by this reference as though fully set =" h in this Certification, is hereby accepted by the undersigned officer(s) on behalf of SANS` G pursuant to authority conferred by the SANBAG Board of Directors Agenda Item 22, adopted on February 2011, and the GRANTEE consents to recordation thereof by its duly authorized officer. escripfipnsniie065=tion of real property: 285 East Hospitality Lane,San Bernardino,CA 92408 1 dirt,1i3!a:a`Gy: ated: / D!borah Robinson Barmack, Executive Director iC ... STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO i On 2', 2 Q 1/ before me, f�1 n c /4(r�Cc� (Date) (Naf ie and tide of the ficer) personally appealed 1 ar aL ii i I n C� �i ly-,�_�_ who proved to me on the basis of of person signing satisfactory"evidence to be"the person��r}} whose name is/am subscribed to the within instrument and ackrowiedged to me that ke,sheAbey executed the some in Ms/lier/tboir authorized cape and and that by hWherAbair signature(p+ on the instrument the personal,or the entity upon behalf of which the personsy)acted,exeeut the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. !WITNESS my hand and official seal. I Ii Signature of officer (Seal) AN MA ALDAKA rA Cant O #1136= lwcy Pubiio-Csittorftl EMI 5fr6irld m CalMltr 0011101. U f E =011 }. i i EXHIBIT"A"TO EASEMENT DEED Legal Description of Easement [APN:0141-402-06] i ..7.� 4 PARSONS °200 E.Gua,ii Rw;:.SLA<,VO,0ou r:n,CA.'1761 -T-Vul Wfic a'l0•21?-36011.F:.a 805-2'iL'-::605• M,'A.parsO rArn EXHIBIT A RIGHT OF WAY AP 0141-402-06 THAT PORTION OF LOT 1,BLOCK 54, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7,PAGE 2 OF - .MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY pESCRIBED AS PARCEL 1 IN THE GRANT DEED TO CPTlSC TITLE HOLDING CORPORATON, RECORDED DECEMBER 18, 2008 AS DOCUMENT NO. 2008-0558484, OF OFFICIAL RECORDS IN THE OFFICE OF THE L:';COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: r'sF; BEGINNING AT THE NORTHEAST CORNER OF SAID LAND AS DESCRIBED IN SAID GRANT DEED, ALSO BEING A POINT ON THE SOUTH RIGHT OF WAY LINE OF HOSPITALITY LANE;THENCE ALONG THE EAST LINE OF SAID GRANT DEED SOUTH 00'26'51"EAST 8.20 FEET;THENCE NORTH 88'51'31"WEST 1.56 FEET; THENCE NORTH 34'03'37"WEST 3.88 FEET;THENCE NORTH 88°51'31"WEST 14.95 FEET;THENCE SOUTH 36'20'35"WEST 3.88 FEET;THENCE NORTH 88'51'31"WEST 25.15 FEET;THENCE NORTH 34'03'31"WEST 3.88 FEET; THENCE NORTH 88'5131"WEST 0.75 FEET TO THE WEST LINE OF SAID PARCEL; THENCE ALONG WEST LINE OF SAID PARCEL NORTH 00°26'51"WEST 3.60 TO THE NORTH LINE OF SAID PARCEL; THENCE ALONG NORTH LINE OF SAID PARCEL NORTH 89'30'17" EAST 50.00 FEET TO THE POINT OF BEGINNING. CONTAINING 314 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT 8 ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 2ND OF AUGUST,2010 kit co y� z 2 8 x a rn CAL% ROBERT EDWARD STEAFFENS,PE 25068 i i AYN 141.402.06 ROW' Page i EXHIBIT"B"TO EASEMENT DEED Map of Real Property [APN:0141-402-061 r. i i k t ' UODryloOtl4-MO!f-?D-20Y•iCk1dY OIOZ/OC/f. 046YY 004'�Q DsYNOid 3nN3AV NVWb3laM N � O � \ fn r- x a Q \ o :2; w { .A !� c F- cn ¢a) co CL .. M Eye® ir LO Q tiY � � n ' 800Z/81/Zl '038 Q ^p '0 vM990-8002 # '100 Ld w J Ld W N fn t0` W OD N b uj 4 N � W 4 • � W W } � �t Ic plc � )C 2 N 2 Z Z to 2 � Z m V N t0 !� tD Ot 1 i 1 { { i tEk 1 i EXHIBIT "7" PARCEL NO. C-32 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,County of San Bernardino 7111/2012 DENNIS DRAEGER Pm C NC PLEASE COMPLETE THIS INFORMATION. ncOUr"uaD1` ASSESSOR – RECORDER – CLERK P Counter RECORDING REQUESTED BY: San Bernardino Associated Governments,a Joint Doo: 2012—0277019 Titles: 1 Pages: 15 Powers Authority,acting as the San Bernardino County Transportation Commission Fees 0.00 AND WHEN RECORDED MAIL TO: Taxes 0.00 Rick E.No saman r LLP PAID $0.00 18101 Von Karman Avenue,Suite 1800 Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9195 American LegalNet,Inc. Rec.Form#R25 www.USCourtFormacom d ti p 1 NOSSAMAN LLP RICK E. RAYL (SBN 174257) F ( L D COURT OF CALIFO'RNIA 2 rrayl @nossaman.com SUPERIOR COU INTY OFF SAN BERNARDINO BRADFORD B. KUHN (SBN 245866) SAN BERNARDINO CIVIL DIVISI(--N 3 bkuhn @nossaman.com 4 Special Counsel MAY 1 6 2012 18101 Von Karman Avenue, Suite 1800 5 Iryine, CA 92612 BY &E :`� ,L n Telephone: (949) 833-7800 TERESA WARNER, DEPUTY 6 Facsimile: (949) 833-7878 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS1103186 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE FRANK GAFKOWSKI, JR., DEPT. S37 17 Plaintiff, [P&6 ] FINAL ORDER OF 18 VS CONDEMNATION 19 INLAND PETROLEUM PRODUCTS, a California corporation; [Parcel No. C-32] 20 SAN BERNARDINO COUNTY TAX COLLECTOR; 21 GE CAPITAL COMMERCIAL,INC., a Delaware 22 corporation; Action Filed: March 9,2011 DOES 1 Through 100, Inclusive; and 23 ALL PERSONS UNKNOWN CLAIMING ANY [EXEMPT FROM FILING FEES - GOV. TITLE OR INTEREST IN OR TO THE CODE, §61031 .24 PROPERTY DESCRIBED HEREIN, 5 Defendants. 26 27 28 322469 I.DOC FINAL ORDER OF CONDEMNATION I Plaintiff San Bernardino Associated Governments,a Joint Powers Authority, acting as the San 2 Bernardino County Transportation Commission("SANBAG")having applied for entry of a Final Order 3 of Condemnation, having previously stipulated to a Final Judgment in Condemnation, and SANBAG 4 and defendants having waived a Statement of Decision,judgment having been entered, and payment 5 having been made in full,no other party or person having or claiming to have an interest in the property 6 being acquired or the compensation to be paid for the property,and good cause appearing: 7 NOW,THEREFORE,IT IS HEREBY ORDERED,ADJUDGED AND DECREED AS 8 FOLLOWS: 9 1. The property described in the attached Exhibit"A"designated as Assessor's Parcel 10 Number 0141-412-14, located at 1930 S. Waterman Ave., San Bernardino, California,and more 11 particularly described as SANBAG Parcel Number C-32, consisting of a permanent easement of 12 approximately 906 square feet, along with a temporary construction easement of approximately 1,477 13 square feet, as described in SANBAG's complaint on file in this matter("Subject Property") is hereby 14 condemned to SANBAG for the purposes of constructing,maintaining and operating the sbX E-Street 15 Corridor Bus Rapid Transit Project("Project"), for the purpose of all necessary and convenient activities 16 associated with the construction of the Project and for public purposes. 17 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 18 public purposes under Article I, Section 19,of the California Constitution,California Public Utilities Code 19 section 130220.5,and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 20 for which SANBAG seeks to condemn the Subject Property,to wit, in connection with the Project and 21 for public transit improvements, is and was authorized by law and is and was a public use;the public 22 interest, safety, and necessity require the Project;the Project is and was planned and located in the 23 manner that will be most compatible with the greatest public good and the least private injury; and the 24 Subject Property is necessary for the Project. 25 3. Just compensation has been paid to defendants,and such sum was accepted by 26 defendants, as full payment of just compensation for the acquisition of the Subject Property and the 27 construction of the Project in the manner proposed,including but not limited to, severance damages, 28 business goodwill, loss of or damage to improvements pertaining to the realty,real and personal 322469 1.DOC I FINAL ORDER OF CONDEMNATION I property, fixtures, equipment, and/or inventory,precondemnation damages,claims for attorneys' fees, 2 litigation expenses, statutory costs, interest, relocation benefits, and any and all other claims which have 3 been or could have been raised in this lawsuit. 4 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 5 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 6 of California. All liens, leaseholds, and encumbrances of whatever kind and nature on the Subject 7 Property shall be cancelled. 8 9 / 10 DATED: � G , 11 JUDGE OF T E SUPERIOR COURT 12 BRYAN F FOSTER 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _ 2 FINAL ORDER OF CONDEMNATION i i EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"1" The land referred to herein is situated in the State of California,County of San Bernardino, and described as follows: -- PARCEL 1: A PORTION OF LOT 1 OF BLOCK 54, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7,PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1;THENCE NORTH 0'26' 54"WEST 792.47 FEET ALONG HE EAST LINE OF SAID LOT 1 TO ITS INTERSECTION WITH THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN THE DEED TO THE COUNTY OF SAN BERNARDINO AND RECORDED FEBRUARY 28, 1961 IN BOOK 5363,PAGE 22 OF OFFICIAL RECORDS OF SAID COUNTY;THENCE SOUTH 88'45'36" WEST 30.27 FEET ALONG.SAID SOUTH LINE TO THE SOUTHWEST CORNER OF SAID COUNTY OF SAN BERNARDINO PARCEL OF LAND;THENCE NORTH 0'26' 54"WEST ALONG THE WEST LINE OF SAID COUNTY PARCEL A DISTANCE OF 241.88 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING NORTH 0°26' 54"WEST, SAID LINE BEING THE WEST LINE OF WATERMAN AVENUE,A DISTANCE OF 145 FEET;THENCE SOUTH 89°29' 46'.' WEST(SOUTH 89° 30' 42"WEST REC.)A DISTANCE OF 160 FEET;THENCE SOUTH 0°26' 54"EAST A DISTANCE OF 160 FEET TO A LINE WHICH IS PARALLEL WITH AND DISTANCE 26,00 FEET NORTH OF,MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF ROSEWOOD STREET 60 FEET WIDE DESCRIBED AS PARCEL"E"IN THE DEED TO THE STATE OF CALIFORNIA,BY DEED RECORDED FEBRUARY 5, 1962 IN BOOK 5641,PAGE 312 OF OFFICIAL RECORDS OF SAID COUNTY;THENCE ALONG SAID PARALLEL LINE THE FOLLOWING TWO COURSES,NORTH 890 29'46"EAST(NORTH 89°30' 42"EAST REC.)A DISTANCE OF 145 FEET MORE OR LESS,TO AN ANGLE.POINT;THENCE NORTH 44°31' 56"EAST A DISTANCE OF 21.22 FEET.TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL RIGHT,TITLE AND INTEREST IN AND TO ANY OIL, GAS AND OTHER MINERALS(INCLUDING,WITHOUT LIMITATION,HELIUM, LIGNITE,SULFUR,PHOSPHATE AND OTHER SOLID,LIQUID AND.GASEOUS SUBSTANCES),ALL AS RESERVED BY SHELL OU,COMPANY,A DELAWARE CORPORATION,IN THE DEED RECORDED JULY 13, 1998 AS INSTRUMENT NO. 19980269839 OF OFFICIAL RECORDS. PARCEL 2: A PORTION OF LOT 1 OF BLOCK 54,RANCHO SAN BERNARDINO,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7,PAGE 2 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1;THENCE NORTH 0°26' 54"WEST 792.47 FEET ALONG THE EAST.LINE OF SAID LOT 1 TO ITS INTERSECTION C32-0414-412-14' WITH THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN THE DEED TO THE COUNTY OF SAN BERNARDINO AND RECORDED FEBRUARY 28, 1961 IN BOOK 5363, PAGE 22 OF OFFICIAL RECORDS OF SAID COUNTY;THENCE SOUTH 88°45'36" WEST 30.27 FEET ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF SAID COUNTY OF SAN BERNARDINO PARCEL OF LAND;THENCE NORTH 0'26' 54" WEST, ALONG THE WEST LINE OF SAID COUNTY PARCEL A DISTANCE OF 215.88 TO THE TRUE POINT OF BEGINNING,SAID POINT BEING THE NORTH LINE OF ROSEWOOD STREET 60 FEET WIDE,DESCRIED AS PARCEL"E" IN THE DEED TO THE STATE OF CALIFORNIA,RECORDED FEBRUARY 5, 1962 IN BOOK 5641,PAGE 312 OF OFFICIAL RECORDS OF SAID COUNTY;THENCE SOUTH 44°3 P 56"WEST 21.22 FEET TO AN ANGLE POINT THEREIN;THENCE SOUTH 89°29' 46"WEST,(RECORDED SOUTH 89°30' 42"WEST)A DISTANCE OF 145.00 FEET;THENCE NORTH 0°26' 54"WEST 26.00 FEET MORE OR LESS TO LINE WHICH IS PARALLEL WITH AND.DISTANT 26.00 FEET NORTH OF,MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID ROSEWOOD STREET;THENCE NORTH 89°29' 46"EAST ALONG SAID PARALLEL LINE 145.00 FEET TO AN ANGLE POINT;THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH 440 3 P 56"EAST A DISTANCE OF 21.22 FEET TO A POINT ON THE WEST LINE OF SAID WATERMAN AVENUE,DISTANT NORTH 0.26' 54" WEST 26.00 FEET FROM THE TRUE POINT OF BEGINNING;THENCE SOUTH 00 26' 54" EAST 26.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL RIGHT,TITLE AND INTEREST IN AND TO ANY OIL, GAS AND OTHER MINERALS(INCLUDING,WITHOUT LIMITATION, HELIUM,LIGNITE, SULFUR, PHOSPHATE AND OTHER SOLID,LIQUID AND GASEOUS SUBSTANCES),ALL AS RESERVED BY SHELL OIL COMPANY,A DELAWARE CORPORATION,IN THE DEED RECORDED JULY 13, 1998 AS INSTRUMENT NO. 19980269839 OF OFFICIAL RECORDS. C32-0414-412-14 LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT PARSONS 32'0'E.Guast[Road,Suze 2GO,OnLsro.CA 91;6' •Tefr p;onc:�G:7.213 3rZG•Fax 9G��-218-5605• .r:nv.oarsons.ccm EXHIBIT A RIGHT OF WAY AP 0141-412-14 THAT PORTION OF LOT 1, BLOCK 54, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7,PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS PARCEL 1 IN THE GRANT DEED TO INLAND PETROLEUM PRODUCTS, RECORDED I' OCTOBER 17, 2007, AS DOCUMENT NO. 2007-0583882, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1 AS DESCRIBED IN SAID GRANT DEED, ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF HOSPITALITY LANE;THENCE ALONG THE WEST LINE OF SAID GRANT DEED NORTH 00°26'51"WEST. A DISTANCE OF 1.46 FEET, THENCE NORTH 87°52'05' EAST,A DISTANCE OF 8.59 FEET;THENCE NORTH 34°09'32' EAST, A DISTANCE OF 3.93 FEET; THENCE NORTH 87°52'05" EAST, A DISTANCE OF 25.80 FEET; THENCE NORTH 89°30'17" EAST, A DISTANCE OF 13.70 FEET;THENCE SOUTH 35°41'49" EAST, A DISTANCE OF 3.88 FEET; THENCE NORTH 89°30'17" EAST,A DISTANCE OF 45.82 FEET;THENCE NORTH 34°42'23" EAST,A DISTANCE OF 3.88 FEET; THENCE NORTH 89°30'17" EAST, A DISTANCE OF 34.41 FEET; THENCE NORTH 44°31'43" EAST, A DISTANCE OF 35.35 FEET;THENCE SOUTH 00°26'5.1"EAST,A DISTANCE OF 15.66 FEET;THENCE SOUTH 44°31'43" WEST, A DISTANCE OF 21.22 FEET; THENCE SOUTH 89°30'17" WEST, A DISTANCE OF 145.00 FEET TO THE POINT OF BEGINNING. CONTAINING 906 SQUARE FEET,MORE OR LESS. J ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 30TH OF JULY,2010 ac 2 H ROBERT EDWARD STEAFFENS,PE 25068 APIR 281-133-03 ROW Page 1 UOpI O UO£/1 096bbO0aX9 Pal1•otd 0 3nN3AV NVWd31VM CS FZ! N f�- O i lD N � O M �Mn q N W it Y r 4 z I r 3 J � � ca LL N Me)b c Q 2 N M on; LO ad N C) `p -=D� N \ �� OD � O r .CD Oct rn` x.95 N # O � O W { „' O CL' p C Ay"t.. � YJ o w u W r v o a � Q b N to Lq � jy "O N w�D Q m m CO F m b1 4Y.v V a Q {V ui M M M Q M V; W; M m H `o ww21e PC 3s; 3 33 _ut . Or C ,Cl iM M M 'w M o o n ° e o -c el - Q 3AIHa H`31N33 SS3NISnEl i i i LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT PARSONS :i2GJ E.Gu S5 Road,S i.e 200.On'..2 _.CA 3 7G1 .Te tphon:_-9C4-2'.2�3C;00•Fs<�Ov-2�g."sG55• vnr:r.Car_OnS.c:m EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141Al2-14 THAT PORTION OF LOT 1, BLOCK 54, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7, PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS PARCEL 1 IN THE GRANT DEED TO INLAND PETROLEUM PRODUCTS, RECORDED OCTOBER 17, 2007, AS DOCUMENT NO- 2007-0583882, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 1 AS DESCRIBED IN SAID GRANT DEED, ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF HOSPITALITY LANE;THENCE ALONG THE WEST LINE OF SAID GRANT DEED NORTH.00°26'51"WEST 1.46 FEET TO THE.TRUE POINT OF BEGINNING; THENCE NORTH 87°52'05"EAST,A DISTANCE OF 8.59 FEET;THENCE NORTH 34°09'32"EAST,A DISTANCE OF 3.93 FEET; THENCE NORTH 87°52'05" EAST, A DISTANCE OF 25.80 FEET; THENCE NORTH 89°30`17" EAST, A DISTANCE OF 13.70 FEET;THENCE SOUTH 35°41'49" EAST,A DISTANCE OF 3.88 FEET; THENCE NORTH 89°30'17"EAST,A DISTANCE OF 45.81 FEET;THENCE NORTH 34°42'23"EAST,A DISTANCE OF 3.88 FEET; THENCE NORTH 89°30'17".EAST, A DISTANCE OF 34.41 FEET; THENCE NORTH 44°31'43" EAST. A DISTANCE OF 35.34 FEET;THENCE NORTH 00°26'51"WEST,A DISTANCE OF 7.08 FEET;THENCE SOUTH 44°31'07" WEST, A DISTANCE OF 25.54 FEET; THENCE SOUTH 89°30'17" WEST, A DISTANCE OF 51.80 FEET; THENCE SOUTH 34°4223"WEST, A DISTANCE OF 14.89 FEET;THENCE SOUTH 8g.°30'17"WEST,A DISTANCE OF 24.30 FEET;THENCE NORTH 35°41'49"WEST, A DISTANCE OF 6.33 FEET;THENCE SOUTH 8930'17" WEST, A DISTANCE OF 17.11 FEET; THENCE SOUTH 87°52'05' WEST, A DISTANCE OF 26.97 FEET; THENCE SOUTH 34°09'32"WEST, A DISTANCE OF 6.41 FEET; THENCE SOUTH 87"52'05'WEST, A DISTANCE OF 5.91 FEET;THENCE SOUTH 60°26'51"EAST,A DISTANCE OF 5.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,477 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 30TH OF JULY,2010 ys z s ClY�4 P s CAI., ROBERT EDWARD-STEAFFEN.,p 25068 APN 281-133-03 T'CE Page 1 n• , f UOpI ;o�yvoy5-301-M-Zlb-iblNdv d UGUL 096b 600 d.,CQ Po"olj 0 0 3nN3AY NVWU31YM ° � b 0 g q I CV U7 ti Z I :E 07 W Q O W Z QD O cD CD, w � T V 00 Q !— T Ol 0&7 Q ui � Z W N oob. INC co n °- ,co r—• b Ln O D O o cv O LLJ. M a.. "1,a r e Q Cl . U 3 WW 01 a CL .m N tD N N cl �--• Q. m 0= N N N N ull GD �. 4 C-1 H cq -.mw aD m..st`'In La N N t3 3 z Zr c_} _3M T M T M Z O M A N 10 Cb N O 6 - O W M "7' q YN•. M M N.40 f!) V' M �♦ a. • �. �.i • af4 w EXHIBIT 668" PARCEL NO. C-33 (FINAL ORDER) [SEE ATTACHED] PLEASE COMPLETE THIS INFORMATION. Recorded in Official Records,County of San Bernardino 1/03/2013 DENNIS DRAEGER BN PM RECORDING REQUESTED BY: cOQ ASSESSOR — RECORDER — CLERK San Bernardino Associated Governments,a Joint ;, Powers Authority,acting as the San Bernardino P Counter County Transportation Commission AND WHEN RECORDED MAIL TO: DOC#: 2013—0004151 Titles: 1 Pages: 13 Rick E.Rayl Fees e.ea Nossaman LLP Taxes 0.00 18101 Von Karman Avenue,Suite 1800 Other 0.00 Irvine,CA 92612 PAM $6.99 [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9195 Rec.Form#R25 www.US urtFor t,Inc. www.USCourtForms.com , r I NOSSAMAN LLP BaaGA CANNED RICK E. RAYL 174257 F. I L E D SBN ( ) SUPE'p1OR COURT 2 rrayl @nossaman.com COUNTY OR SAN 13ERNARDIJ SAN BERNARDINO n�. NO BRADFORD B. KUHN (SBN 245866) STRICT � 3 bkuhn @nossaman.com NOV $ 0 2012 Special Counsel 4 18101 Von Karman Avenue, Suite 1800 Ry 5 Irvine, CA 92612 Telephone: (949) 833-7800 6. Facsimile: (949) 833-7878 7 Attorneys for Plaintiff 8. SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority,acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 ' 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 e FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1103185 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE BRIAN FOSTER,DEPT. S37 17 Plaintiff, [PROPOff,4] FINAL ORDER OF 18 vs. CONDEMNATION 19 RAFAAT RYAD LUGA, an individual; et al., 20 Defendants. 21 [Parcel No. C-33] 22 Z3 Action Filed: March 9,2011 Trial: October 9,2012 24 25 [EXEMPT FROM FILING FEES- GOV. CODE, § 61031 26 27 28 J 331628_1.DOC OR IGINJI FINAL ORDER OF CONDEMNATION ' I Plaintiff San Bernardino Associated Governments,a Joint Powers Authority, acting as the San 2 Bernardino County Transportation Commission ("SANBAG"), having applied for entry of a Final Order 3 of Condemnation,having previously stipulated to a Final Judgment in Condemnation,and SANBAG 4 and defendant having waived a Statement of Decision, a Final Judgment having been entered,and 5 payment having been made in full, no other party or person having or claiming to have an interest in the 6 property being acquired or the compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE,IT IS HEREBY ORDERED,ADJUDGED AND DECREED AS 8 FOLLOWS: 9 1. The property described in the attached Exhibit"A",designated as Assessor's Parcel 10 Number-0141-402-07,located at 1950 S. Waterman Avenue, San Bernardino, California, and more 11 particularly described as SANBAG Parcel Number C-33, as described in SANBAG's complaint on file 12 in this matter("Subject Property"), is hereby condemned to SANBAG for the purpose's of constructing,. 13 maintaining and operating the E-Street Corridor sbX Bus Rapid Transit Project("Project"), for the 14 purpose of all necessary and convenient activities associated with the construction of the Project and for 15 public purposes. The temporary construction easement shall commence seven days from the date upon . 16 which SANBAG or its authorized representative provides the applicable defendant with written notice 17 of its intent to commence construction utilizing the temporary construction easement and shall terminate 18 on the earlier of(a)the date upon which SANBAG notifies the applicable defendant that it no longer 19 needs the temporary construction easement,(b)six months from the commencement date of the 20 temporary construction easement, or(c)December 31,2013. 21 2. The Parties agree to the following additional provision: Defendant Rafaat Ryad Luga's 22 ("Defendant")property currently has two driveway entrances off Hospitality Lane. At the request of 23 Defendant,the easternmost Hospitality Lane driveway approaching the Waterman Avenue intersection 24 shall be closed permanently. However, SANBAG represents and warrants that during construction of 25 the Project, SANBAG(including its contractor) shall not close more than one driveway.at a time. This 26 provision shall be included within the meaning of SANBAG's construction of the Project in the manner 27 proposed. Should SANBAG violate this provision by closing both Hospitality Lane driveways 28 simultaneously, Defendant reserves any and all rights it may have for SANBAG's failure to construct 331628_I.DOC t FINAL ORDER OF CONDEMNATION I the Project in the manner proposed. In addition, Defendant has requested that in restoring the i 2 landscaping disturbed during construction within the TCE area, SANBAG should utilize Defendant's 3 landscaping plans,rather than the landscaping plans that exist in SANBAG's construction plans. Within 4 the TCE area,SANBAG.-shall construct and/or install the planters, irrigation system and plantings 5 pursuant to Defendant's landscaping plans. Defendant has represented that Defendant's plans have been 6 approved by the City of San Bernardino. Based on that representation, SANBAG agrees to use 7 Defendant's landscaping plans for the construction in the TCE area_ In the event the City of San 8 Bernardino rejects all or part of Defendant's landscaping plans, the parties agree to work together on a 9 mutually-agreeable alternative set of landscaping plans. 10 3. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 11 public purposes under Article I, Section 19,of the California Constitution,California Public Utilities Code 12 section 130220.5,and California Code of Civil Procedure sections 1240.010 through.1273.050. The use 13 for which SANBAG seeks to condemn the Subject Property,to wit, in connection with the Project and 14 for public transit improvements, is and was authorized by law and is and was a public use;the public 15 interest,safety, and necessity require the Project; the Project is and was planned and located in the 16 manner that will be most compatible with the greatest public good and the least private injury;and the 17 Subject Property is necessary for the Project. 18 4. Just compensation has been paid to Defendant, and such sum was.accepted by Defendant, s 19 as full payment of just compensation for the acquisition of the Subject Property and construction of the 20 Project in the manner proposed., including but not limited to,severance damages,business goodwill,loss 21 of or damage to improvements pertaining to realty, real and personal property,fixtures,equipment,and/or 22 inventory,precondemnation damages,claims for attorney's fees, litigation expenses,statutory costs, 23 interest,relocation benefits and/or costs and any and all other kinds of compensation;damage,or other 24 claims arising out of or relating to the taking of the Subject Property and construction of the Project in the 25 manner proposed. 26 5. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 27 this Final Order of Condemnation in the office of the Reeorder of the County of San Bernardino,State 28 .2 FINAL ORDER OF CONDEMNATION I of California. All liens, leaseholds, and encumbrances of whatever kind and nature on the Subject 2 Property shall be cancelled. 3 11 4 Dated: U dge o he Superior Court 5 _ 6 13 RYAN F. M 7 8 9 10 11 12 13 14 15 16 17 18 , S 19 20 21 22 23 24 25 26 27 28 3 FINAL ORDER OF CONDEMNATION ATTACHMENT"1" v The land referred to herein is situated in the State of California,County of San Bernardino, City of San Bernardino,and described as follows: PARCEL 1: THAT PORTION OF LOT l;BLOCK 54,RANCHO SAN BERNARDINO,ACCORDING TO THE MAP ON.FILE IN BOOK 7 PAGE 2,OF MAPS,RECORDS OF SAN BERNARDINO COUNTY,CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE.SOUTHEAST CORNER OF SAID LOT l;THENCE NORTH 0 DEG 26' 54"WEST,792.47 FEET ALONG THE EAST LINE OF SAID LOT 1 TO ITS INTERSECTION WITH THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN THE DEED TO THE COUN'T'Y OF SAN BERNARDINO AND RECORDED FEBRUARY 28, 1961 IN BOOK 5363 PAGE 22 OF OFFICIAL RECORDS OF SAN BERNARDTNO COUNTY, CALIFORNIA;THENCE SOUTH 88 DEG 45'36-WEST,30-.27 FEET ALONG LAST SAID SOUTH LINE TO THE SOUTHWEST CORNER OF SAID COUNTY OF SAN BERNARDINO PARCEL OF LAND,SAID POINT BEING THE TRUE POINT OF BEGINNING;THENCE SOUTH 89 DEG 30'42-WES T, 140.00 FEET PARALLEL WITH COURSE"K"PARCEL"E"DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY 5,1962 IN BOOK 5641 PAGE 312 OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY,CALIFORNIA;THENCE NORTH 0 DEG 26';54^WEST, 140.00•FEET,MORE OR LESS,TO A POINT ON SAID COURSE-Kr;THENCE NORTH 89 DEG 30'42-EAST, 125.01 FEET,MORE OR LESS,ALONG SAID COURSE-K-TO AN . ANGLE POINT IN THAT PARCEL.OF LAND DESCRIBED M SAID DEED TO THE STATE OF CALIFORNIA AS•PARCEL"E";THENCE SOUTH 45 DEG 27' 58-'EAST,2I.2f FEET ALONG THE SOUTHEASTERLY LINE OF SAID.STATE OF CALIFORNIA AND TO THE WESTERLY BOUNDARY OF SAID COUNTY OF'SAN-BERNARDINO LAND;THENCE SOUTH 0 DEG 26' 54"EAST, 125.68 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: A'RIGHT OF-WAY FOR A SEWERAGE LEACH LINE OVER,ALONG,ACROSS AND!OR UNDER THAT PORTION OF LOT 1,BLOCK 54, RANCHO SAN BERNARDINO,AS 'SHOWN BY MAP ON FILE IN BOOK 7.PAGE 2 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID-COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1;THENCE NORTH 0 DEG 26' 54"WEST 792.47 FEET ALONG THE EAST LINE OF SAID LOT I TO ITS INTERSECTION WITH THE SOUTH LINE OF THE PARCEL OF LAND CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED FEBRUARY 28, 1961 AS INSTRUMENT NO. 198 IN BOOK 5383 PAGE 22 OF OFFICIAL RECORDS;THENCE SOUTH 88 DEG 45'36"WEST,30.27 FEET ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF-THE PARCEL OF LAND SO CONVEYED TO THE COUNTY OF SAN BERNARDINO FOR THE TRUE POINT OF BEGINNING;THENCE SOUTH 06 DEG 53'25".WEST,70.00 FEET;THENCE SOUTH 89 DEG 30'42"WEST, 10.0_ FEET;THENCE NORTH 06 DEG 53' 25"EAST 70.0 FEET;THENCE NORTH 89 DEG 30' 42"EAST, 10.0.FEET TO THE TRUE POINT OF BEGINNING. C33-0141.402.07 EXHIBIT 1 ' t LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT PARSONS 3200 E.GuasG Road.,S::ite 200,Cnlareo,CA 91761 •Tei_oticrr,:909.2:&560.^.•Fax 909-216-3605- •iMru.parscas.wm EXHIBIT A RIGHT OF WAY AP 0141-402-07 THAT PORTION OF LOT 1, BLOCK 54, RANCHO SAN.BERNARDINO, IN THE CITY OF SAN BERNARDINO, 'COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7,PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS PARCEL 1 IN THE GRANT DEED TO RAFAAT RYAD LUGA, RECORDED.APRIL 5, 2006 AS DOCUMENT NO. 2006-0231490, OF,OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID.PARCEL 1 OF SAID GRANT DEED, ALSO BEING A POINT ON THE SOUTH RIGHT OF WAY"LINE OF HOSPITALITY LANE; THENCE ALONG THE WEST LINE OF SAID PARCEL 1 SOUTH 00°26'51"EAST 820 FEET;THENCE SOUTH 88°51'31'EAST 16.69 FEET TO A LINE PARALLEL WITH AND.&:67 FEET SOUTH OF THE NORTH LINE OF SAID PARCEL 1;THENCE ALONG SAID PARALLEL LINE NORTH.89°30'17'EAST 31.1.9 FEET;THENCE NORTH 34°42'23'EAST 3.68 FEET TO A LINE PARALLEL WITH AND 5.50 FEET SOUTH OF THE NORTH LINE OF SAID PARCEL 1;THENCE ALONG SAID PARALLEL LINE NORTH 89°30'17" EAST 69:68 FEET;THENCE SOUTH 45°28'17' FAST 28.55 FEET TO.THE EAST LINE OF SAID PARCEL 1, ALSO BEING THE WEST RIGHT OF WAY LINE OF WATERMAN AVENUE; THENCE ALONG THE EAST,NORTH EAST AND 'NORTH LINES OF SAID PARCEL 1 THE FOLLOWING THREE COURSES: 1. NORTH QO°26'51"WEST 10.70 FEET; 2- NORTH 45'28'17'WEST 21:20 FEET; 3. SOUTH 89°30'T7"WEST 124.98 FEET TONNE POINT OF BEGINNING. CONTAINING 1,013 SQUARE FEET,MORE OR LESS_ ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND-MADE A PART HEREOF. DATED THIS 27TH OF MAY,2010 pOFESS! ' ' �9yt�R D d• "I v 2 s �� Ci.Y1y ROBERT EDWARD STEAFFENS; PE 25068 APH 141-402=07 ROW ?age 1 E,L'IIBIT 2 u0pllOiVj-µ0y_(0-ZOb-IbINd♦\6$CIC%wP\O(@b DO04\OHO\wx'6u.y�o�-,�Q\_� 0102iLZ�5 Ot$s e00sRC Paa aped o 3 BnN3Ad NVvi83ivm N . N W � Q C4 z w LU •—N C)6 9S o ,0� © #W a�6 0 Lq w- -- in cn 0 U _• m N' Q N �. z .- .- I1.1 .- .� N N M � • z m a+ Zn o .n e, 0 z z'to N Q - ' W 1 LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT PARSONS 3200 E.Guas!i Road;Sane 2CO3 Cnt,rio,Cr 91.+i1 •Te!ephora:3u3-213-1600•Fax P.�?2 i8-2r GS• .^.w.,^.a�ons.com EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0141-402-07 THAT PORTION OF LOT 1, BLOCK 54, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN 13ERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 7,PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DECRIBED AS PARCEL I IN THE GRANT DEED TO RAFAAT RYAD LUGA, RECORDED APRIL 5, 2006 AS DOCUMENT NO. 2006-0231490, OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 1 OF SAID GRANT DEED,ALSO BEING A POINT ON THE SOUTH RIGHT OF WAY LINE OF HOSPITALITY LANE;THENCE ALONG THE WEST LINE OF SAID PARCEL'1 SOUTH 00-°26'51` EAST 8.20 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 88'51'31" EAST 16.69 FEET TO A LINE PARALLEL WITH AND 8.67 FEET SOUTH OF THE NORTH LINE OF SAID-PARCEL 1: ALONG SAID PARALLEL LINE NORTH 89°3017" EAST 313 9 FEET; THENCE NORTH 34 42'23'EAST 3-88 FEET TO A UNE PARALLEL WITH AND 5.50 FEET SOUTH OF THE NORTH LINE OF SAID PARCEL 1;THENCE ALONG.SAID PARALLEL LINE NORTH 89°30'17" EAST 59.68 FEET;THENCE SOUTH 45"28'17' EAST 28.55 FEET TO THE EAST LINE OF SAID PARCEL 1,ALSO BEING THE WEST RIGHT OF WAY LINE OF WATERMAN AVENUE; THENCE ALONG SAID EAST LINE SOUTH 00°26'51" EAST 7.67 FEET;THENCE NORTH 45°28'`17"WEST 31''47'FEET TO A LINE PARALLEL WITH AND 5:00 FEET SOUTH QF THE ABOVE MENTIONED COURSE'NORTH 89'30'17" EAST 69.68 FEET";THENCE ALONG SAID'PARALLEL. LINE SOUTH 89°30'17"WEST 65.02 FEET;THENCE SOUTH 34'42'23"WEST 6.33 FEET TO A LINE PARALLEL WITH AND 7.00 FEET SOUTH OF THE ABOVE MENTIONED COURSE'NORTH 89''30'17' EAST 31.19 FEET"; THENCE'ALONG SAID PARALLEL LINE SOUTH 89°30'17' WEST 32:47•FEET; THENCE NORTH 88°51'31" WEST 16.59 FEET TO THE WEST.LINE OF SAID PAF(CEL 1; THENCE ALONG SAID WEST LINE NORTH 00*26'51'WEST 740 FEET TO THE TRUE POINT OF BEGINNING. COh1TAINING 852 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. bATED THIS 27T1-i OF MAY,2010 - y NRD PT m H s • 9� �IYt� �� • CAL 1 ROBERT EDWARD STEAFFENS,PE 25068 AP.N 141402-07 TCE Page 1 EXHIBIT 3 1 upD 51 aay$•3�1-l0-20c-rem ea�6B[r{s wo\O l8»004�p l o\w.oul H..o�-..d\:� 0102/12/$ OLBS000arxQpalloa j ° O N f 4. j 3nN3AV NVwual m i. • z W N W - Q -- W r m O U Ln r � m � m 2 Q. U Y w LLI oc ' � a 0 v n �o Z; � o c� o 0 Q ,95 f- ,0� 0 N 8r U W �r W n ! i U m O O ' 0- n_ a O N Z N F— O N Z n ~ N ^ ^ rft ~ N ^ ^ •- ^ N Z Z Z V1'N 2 N N N Z Z 2 a w m 2 88c- c.e m - m rn e cep - EXHIBIT "9" PARCEL NO. C-44, C-455 C-46, C-47, C-48, C-49, C-50, C-51, C-52 & C-57 (FINAL ORDER) [SEE ATTACHED] T) n Lt V,--? c-e Recorded in Official Records,County of San Bernardino 5/16/2013 PLEASE COMPLETE THIS INFORMATION. DENNIS DRAEGER EM AM HCOO ASSESSOR — RECORDER — CLERK RECORDING REQUESTED BY: San Bernardino Associated Governments,a Joint P Counter Powers Authority,acting as the San Bernardino Titles: 1 Pages: 123 County Transportation Commission Doc#: 2013—0206723 AND WHEN RECORDED MAIL TO: Fees 0.00 Rick E.Ray] No saman LLP Other 0.00 18101 Von Karman Avenue,Suite 1800 PAID so.0a Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 American LegalNet,Inc. Rec.Form#R25 www.USCourlForms.com I NOSSAMAN LLP SCANNED RICK E.RAYL(SBN 17425 7) 2 rrayl@nossaman.com tA BRADFORD B. KUHN.(SBN 245866) A uR�N'r� 3 bkuhn @nossaman.com 4 Special Counsel APR 3 Q 2013 18101 Von Karman Avenue, Suite 1800 5 Irvine, CA 92612 g Telephone: (949) 833-7800 uty 6 Facsimile: (949) 833-7878 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority,acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 . SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED CASE NO: CIVDS 1103178 [Consolidated 15 GOVERNMENTS, a Joint Powers Authority, With Case Nos. 1103180, 1103184, 1103198, acting as the SAN BERNARDINO COUNTY 1103207, 11049511 16 TRANSPORTATION COMMISSION, ASSIGNED FOR ALL PURPOSES TO: 17 Plaintiff, BRIAN S. MCCARVILLE, DEPT S36 18 vs. jPFk@P09FRj FINAL ORDER OF CONDEMNATION 19 RANCON REALTY FUND V SUBSIDIARY LLC, et al., [Parcel Nos. C39/41, C40,C44/46/48/50/52, 20 C45/47/49151, C57, C58] Defendant. 21 Date Action Filed: March 9,2011 22 [EXEMPT FROM FILING FEES - GOV. 23 CODE, § 61031 24 25 26 27 28 336151 2.DOC FINAL ORDER OF CONDEMNATION 1 Plaintiff San Bernardino Associated Governments, a Joint Powers Authority, acting as the 2 San Bernardino County Transportation Commission("SANBAG"),having applied for entry of a 3 Final Order of Condemnation,having previously stipulated to a Final Judgment in 4 Condemnation, and SANBAG and defendants having waived a Statement of Decision, a Final 5 Judgment having been entered,and payment having been made in full, no other party or person 6 having or claiming to have an interest in the property being acquired or the compensation to be 7 paid for the property,and good cause appearing: 8 NOW,THEREFORE,IT IS HEREBY ORDERED,ADJUDGED AND DECREED 9 AS FOLLOWS: 10 1. Pursuant to the Final Judgment in Condemnation and in accordance with the 11 Notice of Partial Abandonment,the property described in the attached Exhibit"A" is hereby 12 condemned to SANBAG for the purposes of constructing, maintaining and operating the sbX E- 13 Street Corridor Bus Rapid Transit Project("Project"),for the purpose of all necessary and 14 convenient activities associated with the construction of the Project and for public purposes. 15 Said interests in real property consist of the following(hereinafter collectively referred to as the 16 "Subject Property"): 17 (a) SANBAG PARCEL NUMBER C-44/46/48/50/52: Assessor's Parcel 18 Numbers 0281-372-22,0281-372-10,0281-372-14, 0281-372-18, and 0281-372-19, located at 19 620 and 690 E. Hospitality Lane, San Bernardino, California,and more particularly described as 20 SANBAG Parcel Number C-44/46/48/50/52, consisting of various permanent easements totaling 21 approximately 19,936 square feet, along with various temporary construction easements totaling 22 approximately 23,505 square feet; 23 (b) SANBAG PARCEL NUMBER C-45/47/49/51: Assessor's Parcel 24 Numbers 0281-371-76, 0281-371-57, 0281-371-59,and 0281-371-60, located at 525-575.E. 25 Hospitality Lane, San Bernardino,California,and more particularly described as SANBAG 26 Parcel Number C-45/47/49/51,consisting of various permanent easements totaling approximately 27 6,502 square feet, along with various temporary construction easements totaling approximately 28. 7,187 square feet; 336151 2.DOC FINAL ORDER OF CONDEMNATION 1 I (c) SANBAG PARCEL NUMBER C-57: Assessor's Parcel Number 0281- 2 361-14,located at 745 E. Hospitality Lane, San Bernardino, California, and more particularly 3 described as SANBAG Parcel Number C-57,consisting of a permanent easement of 4 approximately 852 square feet, along with a temporary construction easement of approximately 5 1,082 square feet; and 6 (d) SANBAG PARCEL NUMBER C-58: Assessor's Parcel Number 0281- 7 351-25,located at 862 E. Hospitality Lane, San Bernardino, California, and more particularly 8 described as SANBAG Parcel Number C-58, consisting of a temporary construction easement of 9 approximately 2,535 square feet. .10 2. The temporary construction easement shall commence seven days from the date 11 upon which SANBAG or its authorized representative provides the applicable defendant with 12 written notice of its intent to commence construction utilizing the temporary construction 13 easement and shall terminate on the earlier of(a)the date upon which SANBAG notifies the 14 applicable defendant that it no longer needs the temporary construction easement, (b) six months 15 from the commencement date of the temporary construction easement, or(c) December 31,2013. 16 3. Pursuant to SANBAG's previously submitted Notice of Partial Abandonment, 17 SANBAG has abandoned its interests in portions of real property described as SANBAG Parcel 18 Numbers C-39/41 and C-40. 19 4. SANBAG is and was authorized and entitled to exercise the power of eminent 20 domain for public purposes under Article I, Section 19,of the California Constitution,California 21 Public Utilities Code section 130220.5,and California Code of Civil Procedure.sections 1240.010 22 through 1273.050. The use for which SANBAG seeks to condemn the Subject Property,to wit, 23 in connection with the Project and for public transit improvements,is and was authorized by law 24 and is and was a public use; the public interest, safety, and necessity require the Project;the 25 Project is and was planned and located in the manner that will be most compatible with the 26 greatest public good and the least private injury;and the Subject Property is necessary for the 27 Project. 28 336151 2.DOC -2- FINAL ORDER OF CONDEMNATION 1 5. Just compensation has been paid to defendants, and such sum was accepted by 2 defendants, as full payment of just compensation for the acquisition of the Subject Properly, 3 SANBAG's partial abandonment,and construction of the Project in the manner proposed, 4 including but not limited to,severance damages,business goodwill, loss of or damage to 5 improvements pertaining to realty,real and personal property, fixtures,equipment,and/or inventory, 6 precondemnation damages,claims for attorney's fees,litigation expenses,statutory costs,interest, 7 relocation benefits and/or costs and any and all other kinds of compensation,damage, or other 8 claims arising out of or relating to the taking of the Subject Property and construction of the Project 9 in the manner proposed. 10 6. The right in and to the Subject Property shall vest in SANBAG upon the 11 recordation of this Final Order of Condemnation in the office of the Recorder of the County of 12 San Bernardino, State of California. All liens,leaseholds,and encumbrances of whatever kind 13 and nature on the Subject Property shall be cancelled. 14 � 15 Dated: 3� 15 TJude e Sup erior Court N S. WCARVILLE 17 18 19 20 21 22 '23 24 25 26 27 28 336151 2.DOC -3- FINAL ORDER OF CONDEMNATION f - EXHIBIT A C44 LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT - 1 PARSONS 320:^_•E.Gu;;sti Roa3.Suite 209,Ontacic,C�51761 903-218-3500-Fax M--21 L16-35• .:,.::.;a stns-c^r.: EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0281-372-10 . THAT PORTION OF PARCEL 10 OF PARCEL MAP NO. 13910,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO.STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 162, PAGES 76 THROUGFf 79 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDEf!OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 10,ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF HOSPITALITY LANE(45 60 FEET HALF Wlb- H);THENCE ALONG THE WEST LINE OF SAID PARCEL NORTH 00'31'3 'WEST 5:02 FEET TO THE TRUE POINT OF BEGINNING;THENCE A1A0`31'33"W.,.A DISTANCE�QF 1124EEI;:THENCE N,89°•45'54"E.,A OISi"ANC QF 21._06 FEET;THENCE S.00'3 TI 3'E_i A DISTAN E CAF 2,Q2FTl fETEC _A OIST#NCE 0 X3.58-PEEP;TjEVOE N.0 ° 7` 8W.,A t0 1STANCE OF�_081'EF-;THENCE N-89°22'42"E.,-A DISTANCE OF-?8 85.FEEfi.THENCE N.89°51'29"E.,A DISTANCE OF 22..15 FEET-lb THE POINT OF CUA- E OF A.NON TANGENT CURVE TO THE RIGHT,OF WHICH THERA131115 POINT LIES S.43e 17'S3"Fi.,:A:RADIAL-0ISTANCE-OF 31.94 FEET;THENCE NORTHEASTERLY`ALO.NG'THE.ARC-,T}jRO.I(GIIA CENTRAL ANGLE.CSEZ9°35'58",A DISTANCE OF 16,50 FEET;THENCE S.00°31'33"E.,A'UI$TANC7=OF-22.41 FEE-P THENCE S;89°33`(1'W.;A-CIIS" t OF 201 - FEEL 7O A PO TT bF CUR E TO Tl1E RICH'('H7 I'NG A RADIUS OF 1-,050.00 FEET AND A CENTRAL ANGLE OF04" 9745";THENCE WESTERLYALONG THE ARC-A-DISTANCE OF 8 ,45 FEET TO THE TRUE POINT aF 'BEGINNING. CONTAINING 9;522 SQUARE FEET,MORE OR LESS_ ALL AS MORE PARTICULAfRLY SHOWN 011 EXI-Mk-r B-ATTA'HE HERETO AND MADE A BART HEREOF. DATED THIS.81-H DAY OF AUGUST,2.010 _ = .emu Ft-:BEfT EDWARQ S.PE 25068 2 REGISTRATION EXPIRE .12131Y71 E. APIY(1281.-372-10 TGE ' Page I is BEARING&DISTANCE DATA CURVE DATA No. BEARING DISTANCE N0. R 0 t 1 N00"31`33'tt 5.02'_ 9 31.94` 29°35'58" 16.5Q' 2 N00° i'33"W 11..24" 1. - 1050.00` 04°39'45` 85.45' 3 N89°45'54' N00° '13 2..0OZ' 5' N89°2Z`47"E 33.58' 6 Nff0°37`18"1P 2.08' I 1 7 N89°22 '42"E 16.83' i 8 N89°5V29'E 22.15` 1 1 NOQ°31'33"Y( 22.4i' 1 1_ N8V33'1i'E 24.71` — PARCEL 0 611 ! PARM 90. i 1 �. PARCEL ko No'. 1 RAO S13 04V55"E 1 T.P-0.B_ g {m4.°•1'2'57"E 006 vi9'W: liosplr ------ L AN E W: a. _ 1 1 11 11 its EXHIBIT q x-48 0 CL 7$00-EAST:CQAS-F7 ROAD,SOCTE 200 - 06AIA019 .r o�riirrio,cA�iaoalr[. �:ss, !EP's 281-X72=1Q Tttd1PQ:HkR.Y0_H.STHUC:TEf?P( EASEMENT ° df i C50 LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"I" The land referred to herein is situated in the State of California,County of San Bernardino, City of San Bernardino,and described as follows: PARCEL C OF PARCEL MAP NO. 13910, IN THE CITY OF SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 162 OF PARCEL MAPS, PAGES 76 THROUGH 79, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. C50-?M-372-14-AttadWnmt Ldoc LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT PS 320b c C-r'm RQ'ad.Slut&233.On;a:ic,CA 9,,761 •i----,-xlr8: �-2i8-36�Q+ a:_,- i=2:,,.f_2 tII-3f 15• •::r✓;v-„ar.cros_c,..n EXHIBIT A RIGHT OF WAY AP 0281-372-14 THAT PORTION OF PARCEL C OF PARCEL MAP NO.13910,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO.STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 162,PAGES.76 THROUGH 79 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL ALSQ BEING A POINT ON THE.NORTH BIGHT OF WAY LINE OF HOSPITAUTY LANE(45.00 FEET HALF WIDTH); THENCE ALONG THE.WEST LINE OF RIG HT PAR CI :N 00°31'33"W.,A DI3TAIVCP OF 5.00 FEET.THENCE N.89°33'11"E_,A DISTANCE OF 112.59 FE�1`; THENCE N-80°65.'27"E,•,A OISTAt!Gt OF 18.25-FEET;TA NCE N.89°33'41"E.,A:DISTANCE OF 13.61 FEET; THENCE 5.10°1 BE GINNING A DISTANCE OF 8.12 FEET,THENCE 5:89"33'q 1^W,A DISTANCE OF 145 8 FEET To THE POINT OF BEGINNING CONTAINING 794 SOUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN OV EM. IB►T RATTACHEQ HERETQ AND MADE APART HEREOF; OATEt]THIS 811.1 DAY OF AUGUST 201 Q Ni Q A�Ip ROBERT EDWARD'S .EA. ca 25I 68- �O 5i,PE 2506'8 * ; RI GJSTRATION EXPIRE 12/31/11 Page 1 • F_ 'BEARING &OISTANCE DATA No. GEARING DISTANCE i N89 3311"E. 112.59' 2 N80°05'27"E 18.25' 3 1(89°33'11"E 13.61' ® S10°17'11"E 8.12' 5 S89°33'11'W 145.59' 6 N00°31'33'W 5.00' I � I r ' r i I o .; 4 --- _�_ HOSPITALITY LANE qy i � I , i 1 r a o e m PAR-SONS EXHIBIT C S[OQ fASf GGASTI ROAD,SUITE 200 � � � Ob(10/7U1Q r ONTARIO_ CkUFORN1A 91t6, APN..261-372-14 ,� a RIGHT OF WA r=4o` loft ° LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION . EASEMENT PARSONS :Poo E.G;1st Fa=d.Suite 2Gt:-Qf�dri,� 91761 .T °Gno^.a:Sub-2ii;3oG'J•Fix 9 � �s'��o-66�;• \':,Yl.afi(SO:1,S.C^•Itl EXHIBIT A TEMPORARY CON'STRUCTION EASEMENT AP 0281-372-14 THAT PORTION OF PARCEL C OF PARCEL MAP NO. 13910,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN-BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 162,PAGES 76 THROUGH 79 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER•OF.SAID PARCEL ALSO BEING A POINT ON THE-NORTH RIGHT OF WAY LINE OF HOSPITALITY LANE(45.00 FEET HALF WIDTH);THENCE-ALONG THE WEST LINE OF SA15 PARCEL NORTH 00"31'33`WEST 5:00-FEET TO THE TRUE POINT OF BEGINNING.-THENCE N-00°34 3"W.;A DISTANCE OF 22.41 FEET TO THE`POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT;OF WHICH THE RADIUS.POINT LIES 5:13°+#1'S5`E_,A AADIAL DISTANCE OF 31.94 FE i°;THENCE EAcaT1=RLY AL ONG THE ARC;THROUGH A CENTRAL ANGLE OF 67-31-4,r,A DI�uTAN(GE OF 37.64 FEET; THENCE N 89°31'7$"E;,A 131$TANGE OE 6.53.FEET;THEi+fGE.S 42°24'34'"E,A DISTANCE OF 3:78 FEET; TNEfVC1=N.89°i2'26`E.,A p)$fANCE OF 41.13.FEET;THENCE fV.00°16'38"E.,A DISTANGE.G3F x,59 FEET; THENCE-N 89`31'18"E.,A DISrTAt�IC.E OF 12.38 FEET T- 11l=NCE.I�1ZT 3'11"E„A DISTANQE-OF 15.94 FEET; THEi�ICE N.80'0577"E.,A DISTANCE C]F'I8.25'FEE`I;THEPlCE N_89°33`1 VIE-A QISI"ANGE OF 1271 FEET- THENCE S 10°17'11"E.,A DISTANCE OF 10,18 FEET;THENCE 3.89°^33'11"W.,,A DF�TANGE OF]3.61 FEEL; THr=)VCE 5.80°05 7'W.,A DI TANCF_QF 18.25 FEET;THENCE S.89°33'11"W.,A-DISTANOE O01 12.59-FEET TO:THE TRUE PAINT OF YEdIkdjM! : CONTAINING 1,656 SQUARE FEET,MORE OR-LESS. ALL AS 141QRE PARTICULARLY SHOWtq QN EX}-IIBIT 8 ATfRC'ED.tiERETC>.AND MAbE A PART HEREOF. DATED THIS 8TH DAY OF AUGUST,2Q10 �.' dfES fp RO ERT EDWARD PE 250 fi$ !k REGISTRATION EXAIRE 1241111 •sr� lY 11.L' r. Page 1 f. . DEAR[NG &DISTANCE DATA No. 8WING O15TANCE CUM DATA NOD°31'33,W 2 A 5" � p67-3V:444-N 2 &3; N00 '3 "W 89°3118"E 6'.53' 5 542°24`34 E 3.78' N,89°17'26"E 41.13' Z N00°16'38°E 2.59' a N8J°3]18"E 12.38' . N89°33'11"E-. 15.94" ,-------------_—__—_ _ ] N80°05'27"E 18.25' - ] N89°33'11°E 12.71' ] S10°17'tt"E. 10:15' � 1' . -N80°Q5:27"E 18.25, i 1 N88'33'WE 1 t2 S9' ��Q �� ��•�® � �Q' . it ��''�' i� ��' Q� N13°91'55"W i � T Nr' (RA1y1: -- Ha:S:PIT x T41- I \ ( 1 1 0 r F ON r�+q: R T o c-�a 3200 ER14' Gil - - �- ON�tP�O, CALIFOA A gl.61 ITE 200 - . AP N 05%10/2010 TE�P6RARY OONSTRUOTION EA�SEME�NT .iwoPBt a C52 LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"1" The land referred to herein is situated in the State of California, County of San Bernardino,City of San Bernardino,and described as follows: PARCEL A: PARCEL 16 OF PARCEL MAP NO. 13910, IN THE CITY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 162 OF PARCEL MAPS, PAGES 76 THRU 79, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL 16 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF ASID PARCEL 16; THENCE ALONG THE WEST LINE OF SAID PARCEL NORTH 09° 50' 22" WEST, 132.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE NORTH 09° 50' 22" WEST, 43.42 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID WEST LINE NORTH 44° 56' 34" EAST, 75.03 FEET TO THE MOST NORTHWEST CORNER OF ASID PARCEL; THENCE ALONG THE NORTH LINE OF SAID PARCEL NORTH 890 56' 34" EAST, 77.50 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE ALONG THE EAST LINE OF SAID PARCEL SOUTH 00°03' 27"EAST,95.84 FEET, THENCE SOUTH 890 56' 34"WEST PARALLEL WI'T'H THE NORTH LINE OF SAID PARCEL, 123.18 FEET TO THE TRUE POD OF BEGINNING. TOGETHER WITH THAT PORTION OF PARCEL B OF PARCEL MAP NO. 14712 IN THE-CITY OF SAN BERNARDINO, STATE. OF CALIFORNIA, AS PER MAP RECORDED IN BOOK I78 OF PARCEL MAPS,PAGES 41 THRU 44 RECORDS OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 16; THENCE ALONG THE EAST LINE OF SAID PARCEL NORTH 000 03' 27"WEST, 122.89 FEET; 'THENCE NORTH 890 56'-34"EAST,80.97 FEET; THENCE SOUTH 000 03' 27"EAST PARALLEL WTITI THE EAST LINE OF SAID PARCEL, 105:07 FEET TO THE NORTHERLY RIGHT OF WAY OF HOSPITALITY LANE 45 FOOTHALF-WIDTH, PER SAID PARCEL MAP SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTH; HAVING A RADIUS OF 655.00 FEET AND WHICH A RADIAL LINE BEARS SOUTH 16°05' .52"EAST, THROUGH THENCE WESTERLY ALONG SAID CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 70 15'26-,AN ARC DISTANCE OF.82-96 FEET TO THE POINT OF BEGINNING. C52-M-M-18-Amachmcnt I.doc SAID LAND IS DESCRIBED PURSUANT TO A.CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT BY THE CITY OF SAN BERNARDINO,RECORDED NOVEMBER 17,2003 AS INSTRUMENT NO.03-863281 OF OFFICIAL RECORDS_ EXCEPTING THEREFROM THE SIDEWALKS, SEWERS, STORM DRAINS, WATER MAIMS, CURBS, GUTTERS, PAVING, ELECTROLLERS, STREET LIGHTS, STREET NAME SIGNS, TRAFFIC SIGNALS AND ALL APPURTENANCES AND APPURTENANT IMPROVEMENTS AND RIGHTS (COLLECTIVELY, THE "IMPROVEMENTS') WITHIN ASSESSMENT DISTRICT NO. 961, IN THE CITY OF SAN BERNARDINO, CALIFORNIA, WHICH ASSESSMENT DISTRICT NO_ 961, RECORDED FEBRUARY 6, 1985, IN BOOK 31 OF ASSESSMENT DISTRICT MAPS, PAGES 64, 65 AND 66, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA., AS DESCRIBED IN THE DEED TO THE CITY OF SAN BERNARDINO COUNTY, CALIFORNIA, AS DESCRIBED IN THE DEED TO THE CITY OF SAN BERNARDINO RECORDED APRIL ll, 1985 AS INSTRUMENT NO-.85-085510,OF OFFICIAL RECORDS. PARCEL B: ALL EASEMENT'S,CONCERNING PARCEL 1 OF PARCEL MAP 13708,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 155 OF PARCEL MAPS,PAGES 6 AND 7 AND PARCELS A AND B OF PARCEL MAP 13910 AS PER PLAT RECORDED IN BOOK 162 OF PARCEL MAP 'TH S,PAGES 76 ROUGH 79, IN' THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, CALIFORNIA, THAT ARE APPURTENANT TO THE REAL PROPERTY DESCRIBED AS PARCEL "A" ABOVE, INCLUDING WITHOUT LIMITATION A RECIPROCAL EASEMENT FOR ACCESS, PARKING AND PEDESTRIAN. TRAFFIC AS ESTABLISHED BY DOCUMENT ENTITLED"MAJOR BLOCK DECLARA T'ION,MAJOR BLOCK NO.4-CARNEGIE PLAZA,T'RU- -CITY CORPORATE CENTRE";RECORDED ON DECEMBER 20, 1990 AS INSTRUMENT NO. 90- 501243 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER_OF SAN 'GRANTED BERNARDINO'TEBY-COUNTY, CALIFORNIA, AND ALL EASEMENTS AND RIGHTS CREATED OR GRANTED BY ANY OF THE FOLLOWING INSTRUMENTS: THAT CERTAIN MAJOR.BLOCK DECLARATION FOR MAJOR BLOCK NO. 4 - CARNEGIE PLAZA, .TRI-CITY CORPORATE CENTRE, DATED DECEMBER 19, 1990 RECORDED ON DECEMBER 20, 1990 AS INSTRUMENT NO. 90-501244 IN THE OFFICE-OF THE COUNTY RECORDER SAN BERNARDINO COUNTY,CALIFORNIA. - THAT CERTAIN FIRST AMENDMENT TO MAJOR.BLOCK DECLARATION, MAJOR BLOCK NO. 4 -CARNEGIE PLAZA, TRI-CITY CORPORATE CENTRE, DATED OCTOBER 3, 1991 AND RECORDED ON OCTOBER 8,.1991 AS INSTRUMENT NO. 91-384835 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY,CALIFORNIA_ q52-281-372-18-Attachment 1_doc LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT I PARSONS I 3200 E_Gu_ssti Ror,j.Suite '61 •Te7epixr.e:90}1-21E-3 ``� rax90g-2ia-,t;J:,. ..^.�x•.�rsons_cnm 4 i EXHIBIT A RIGHT OF WAY .AP 0281-372-18 THAT PORTION OF PARCEL 2,CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO 03-09,I THE CITY OF SAN BERNARDINO.COUNTY OF SAN BERNARDINO.STATE . F DOCUMENT, F THER ED NOVEAABl=R.17.2003 AS INSTRUMENT NO.2003 0863281 OFFICIAL RECORDS N Q CALIFORNIA..AS PER THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING:ATTHE.SOUFHWEST . CORNER OF SAID PARCEL Z;B1rING A p011yT THE NORTHWESTERLY LINE ff OF WAY LINE OF HOSPITALITY LANE_(45.00 FEET A LIfVE OF SAID PARC!_L 2-N,1;p°1'7"II-W, A-DISTANCE OF$,12 FED;THENCCE N.89°33'1' "E. A p i -- 12.03.FEET TO A POINT OF CURVET TFjE LE�;.HA. HALF WIDTH);T(=1ENCE ALONG THE �JUTHWEST ANGLE OF.1"6°33'08";THENCE bCSTERLYAtOIVG THEIARC A O�S'1AN�tr_40 t27 T2 FfET lSTAhCE OF N:73°00'0.4"E.,i4 DISTANCE OF 47 b"6FEET;THENCE 5:00°3#'0.048 440A2 -A2.FE T-- ACE:NTRALI Po"I"QFCU V: �.A PJS ll-IENCE R OF A NOI+1 TANGENT CURVE TO THE RIGHT;OF G1 RIGH TF'GE RAD IJS I?OINT LIES E CENN,16432!, 1N.;A RA DEAC DfSTA1VC�<qF 655.00 FEET;THENCE yLtESTERLY.ALONG Tt lEARC TH CENTRAL ANGLE pF 16°06'04",A DLSTANPE.OF 184.07 FEET TfJ THE POINT OF BEGlN1�ilIVO: ROUGH A CONTAINING 1,813 SQUARE FEET,'MORE-Ofd LESS. ALL AS MORE PAR71GULyRLYSROWN ON EXHIBIT B ATTACHED.HERETO AND AAgDE q pAR f 1 EREOF_ DATED THIS 8TH DAY OF AUGUST,2010 ��? w _ : W No: EER7'.F.OWA D S., is 25068. ' EI`1 .F'E 15066 * _: REGrsTRATfei0, E�CCI'I--E�-1 v3'-ii�i - •�-- � • APN 02811372-Y8 Pale 1 BEARING & DISTANCE DATA NO- BEARING DISTANCE CURVE DATA ° No. R A L 2 N00 34'00°W 14.10' 1 655.00' 16°06'04° 3' N73°0004"E 47.W i84.0T' 4 440.02' 16°33'08" 127.12' 5 S890 331 i'Y4 12.03' 6 N10 1 7.111°W 8.12' I I nM6. PARCE� 2 LLA-No.03109 i -f o DOC' No. 2003-108632.81 O.R. REC, 11/17/2003 I �CQJ SS6°59"5b"E 3 i i (RAO). I; soo°-6'49'� 4 ' 2 I - RAD St6 P.O.Q. 1 . cc- tidgmir-ALITY LAKE N W Yom• d h U is ---------------r--=— ---- --------- PARSONS EXHIRl ' g( B- a' 1 - i o. o 0 SLO.O EAST GWSTf H0110; Sll(TE 200. _ a ONTa(((o• CALIfOR'NIA 91T6i _ AP'k 281.-Zyg-18 o6/t1.l2010 ;, RIGHT OF WAY a LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT IMARO" s 3200 E.Guasi ftaC.$'' c .trt2 2�t1,Ontarin,C.•._17E: •'?ct 1909-2 18 36iili Fax • u.a _J 2'i u-3ii-Kj. a�e_ti.sacns.�m EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0281-372-18 THAT PORTION OF PARCEL 2,CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO.03=09, IN THE CITY OF SAN BERNARDINO.COUNTY OF SAN BERNARIINO,STATE OF CALIFORNIA AS PER DOCUMENT,RECORDED NOVEMBER 17,2003 AS INSTRUMENT NO.20030863281 OFFICIAL RECORDS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING ATTHE SOUTHWEST CORNER OF SAID PARCEL 2,BEING A POINT ON THE NATONORTHWESTERLY RIGHT OF VtlAY UNE OF HOSP{TALftI'LANEi THENCE ALONG THE SOUTHWEST LINE OF PARCEL 1'Et 2,DIET, Y.p°iT11"vVEST 8.1-2 FEET TO-THE TRUE.POINT OF BEG.IHNtNG THENCE NA U°i7`11"Ilf1,;A❑13iANCE OF TOA6 FEET;THENCE N.89°33"1.1"E-A D1STAIVG`E INNING-FE TO THE PAINT OF CI�fZ�lE OFANQI1 TfLt�1GENT Gl1RVE 1O THE LEFT,OF WHICHTME.RAOIUS E?OIR1T L![=,; FEET 28'01°E.,A RAD1AL.bISZ,9NCE OF 43(.08 FEET;THENCE EASTERLY ALONG THE APC,' HjR,bjj A CENTRALAAIGLE�()F 16°33'0#1",A OfS FApjCROF (2.4.53 FEEf�THEfVCE N.73°00'0:4"E,,.,A.pISTAMCE-OF?49:96 FEET;THENCE S_OQ°39'Qp"E.,/{.DISTANCE OF 8:34 FEEF;THENCE 5.73°CJO'04"VII.,A DISTANCE OR-OF 4 FEE i TO A POINT OF CURVI`TO'f1-IE-RIGHT HAVING.A;RAUIUS OF 440.02 FEET"ANi]A C�NT{�gL ANGLE OF 16"'33'68";.THENCE WESTE'Rtt y A ONG 7}4E ARC q DISTANCE OF 127.12'.FEE7`;THEftICES.>g°33'1 ANG q AI�tGE OF 12-.03 FEET TO.THE'TkIlE.POINT`OF.BEGINN(NG. CONTAINING 1.-651 SQUARE FEET,MORE OR LESS. ALL AS M.GPE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATE().THIS 8TH DAY QF AUGUST.2.0. • AR - ROBERi"1�DW:PRDS ''...*.. .• REGI&TRAWN�{I - h1S.PE 2$068 12731%i i Mi 0281-372-18 TCE Page 1 BEARING & DISTANCE DATA CURVE DATA No: BEARING DISTANCE No. R A L 2 N73°00'04"E 47.60' 1 440.02" 16°33'08" 127.12' 3 N00°34'00"11 8-.34' 5 431.08' 16°33'08" 124.53' 4 N73°00'04-E 49.96' 6 S89°33'1-1`11[ 13.76' 7_ N70°1Tfvw 10.15' 8 S89°33'111W 12.03' ta 9' Mt U°17`11"tY 8.12' 1 l �• �® / 2 � �• I Wo_J 7 UP a PARCEL 2 ALA No.63--09 ' ®,. 00t- NQ. 2003=086328'1 O.R. 1 H a REC. 11117%2005 l � 1 S1 6°05'06°E 4 ` (RAU..) 3. 1 S00428'oyv 6 y y� --------. _ -- --�--------- °' 1 S16°59'55"E $ 500°26'44"E (RAU) it �, o 4. o. �.. h. NOSPITAL[T`Y LAIN= ---�Y . csi A U c a c.i.1 1 1 0 t zi o 0 �XH�B:i T g °� -�PARSONS o 3200 EilSt-GUASIi RbiO.SPITE 200 OIIT4fli0, CAIiFOP.RiA SIM ��R 281`372-19 TEMPORARY C.ONSTRUCTIOF( EASEMENT 0 a C45 LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"1". The(and referred to herein is situated in the State of California,C6unty df Sall Bernardino and described as follows: LOT"A" AS SHOWN ON PARCEL MAP 14703 PER MAP RECORDED IN B PARCEL MAPS, PAGES 75 AND 76, RECORDS OF SAN BERNARD(NpO0l76 OF EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS_ COUNTY, 13EOINNWG AT THE MOST SOUTHEASTERLY CORNER OF PARCEL 4 OF SAID PARCEL MAP_ THENCE SOUTH 26° 18' 23"WEST,A DISTANCE OF 3.00 FEET; THENCE NORTH 630 41'37"WEST, A DISTANCE OF 93.52 FEET; THENCE SOUTH 26° 18'23"WEST,A DISTANCE OF 1.70 FEET; THENCE NORTH 63°41'37"WEST,A DISTANCE OF 25.60 FEET; THENCE SOUTH 260 l$'23"WFST,A DISTANCE OF 2.50 FEET; THENCE NORTH 630 41-`37"WES�,A DISTANCE OF 8.90 FEET; THENCE NORTH 26° 18'23"EAgT,A DISTANCE OF 4.20 FEET; THENCE NORTH 63°4l'37"WEST,A DISTANCE OF 93.07 FEET; -TEIENCE NORTH 26° lg' 23" EAST, A DISTANCE OF 11.39 FEET TO AN ANGLE Pp IN THE SOUTHERLY LINE OF P POINT PARCEL 5 OF SAID PARCEL MAP; IPR4EE ALONG THE SOUTHERLY LINE OF SAID PARCEL S AND 4 THE 260.18'-'- COURSES; SOUTH 63041" 37" EAST A DISTANCE OF 65.00 FEETL OWING 23" SST, A DISTANCE OF.8.39 FEET;.SOUTH 63°41' 37" EAST A DISS SOUTH OF 156.09 FEET TO THE p0 OF BEGINNING_ ANCE PURSUANT TO CERTIRCATE OF COMPLIANCE BY LOT-LINE A.DJIIS 05 RECORDED APRIL 30, 1997 AS INS TRITMEN r NO. 153526 OF OFFICIAL NO. 97- CORDS. C45-281-371-76'-Auachmmt I LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT PARSONS 3200`__'r Ll3s�5 ROad_Smite 200,rktsario.CA 91761 —eieiifcne:9�S�98-3v�r�.�� EXHIBIT A RIGHT OF WAY AP 0281-371-76 THOSE PORTIONS OF PARCEL A;PARCEL MAP NO. 14703,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 176,PAGES 75 AT10 76 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS-FOLLOWS: PARCEL A BEGINNING AT THE NOR THWEST CORNER OP SAID PARCEL A;PARCEL MAp NO. 14703.BEING A-pC11NT ON CURVE SO HE PJGH'� r l'IT OF WAY LINE OF.HO SPITALIT'Y LANE.gL5q-�EI[I.G:TyE BEGtiVNIfyG OF A. Ci1R1TE TO THE WGT,OF WFFIGt.TNE RI1[)(U PbINT LIES S20°�19122"GV_,A.RADiAL DICTA FEET:TRENGE:E�7FRLY ALONG THE ARC-.THROUGH A.CEf f�-LANE O(✓00°14'28`.q-O�T A{�Itt;E bF 0 4,86 FEET:THE(A,(E FB?56`tG!"E..AD ISI'!ANCE a 81.x^1 PARCEL MAP-14007.[N.JT E'GYl'�(JF S�1N=BERt�iARDti+70 FEE j T E AN B?ER P�R pl O S TATS ARCEL 05-- 6" CALIFOfit�11A i S PER'MAI REGORUEO IN BObK 97A,1?AGE3.65 THRU 68 OF R, > bF T1 iE-__COUfUTY R1=GORllER:01=SAID:COUNTY;T'HENCE ALONG SAID.N01 T}yVV TM I�0E OFFICE- DISTANCE OF 5:5E-.PEE7;.THENCE(•a.68°56`t0"RV..A-(5(STAN�O F 27.76 FED TAD A-IPC3 Nl OF Ct11 / O THE LEF C LiA1/14VG.14 RAO'IUS.QF 1;55$39:FEET ANI?A�.ENTRIIL ANGLE OF 02"3'i'S4' THF�4GE Va1lSTERL ALat7G T'HE ARC_A D1,STAIe(GE OF`614.63 FEET 1 O THE(V�3RTHV1lE5 t'LIN>=OF SAiD PARCEL A DF S�1i0• PARCEL(tAAP'14703;TNFGE ALONG SA10.NOR1Tt1NEST L1NE N:2.f"04'32"E.;A DISTANCE pF 7.01 FEET TO THE PQ(t�(T'OFBEG1NN1iVG_ - COM AINMG 565.SQUARE FE>=r;MOW OR LESS: PARPEL 13 6 11Vk(1_G:AT-T(lE-hlb PARCEL 6;PARCEL MAP-NO_.t4E�07 AGPER:MAfi-RECORDED �.TEiEAST CQRt?IER+aF' .'. t(E(_gfOFE 1'�0 PIAGi S 6S'�HFOIGE3§ (3F PARCL IWIP - . .Ii4THE QFFIGE OF SA(O:CQUR yF EC:ORDFR ,5:66'56'1 tl'E..A t7(STANC F OF_36 TO RId7 CUE21iE TO Tf IE A A'lV E{ 1.14506 F6ffr AND A: LEFT HAl/iN(�A F2a13(US QF- iRh_ANGL.(=OF(31'31`5`x';;THENCE EA - 3D:G4-FEE--Tdr-THE NOFttti IfESTL:II�E:QF P: . E3LYAlOfV6 THE 1�<�1S`TA�10E OF NU i{tF/Es 1 (IN2 S l9�3 '39"1IY;;/Ji OiSTAAlO€O 1.0j F'EI;1TiENCEMAp 14M7;THENCE f1LG1QiG FEET;TIIEJRGE f173"49`10`iN:.A UISTANf _56:. 8 146Y1f;,,�DM:-ANC, OF Z 19 f1=ET TO THE FoUTtf T-LINE OF Sa,►iD-RR&CEL G f3 �P�4RGEt-(Uf�IP�.1 . "y�f;;A-Qi ?/tti OF 5,2 tOUtNE ST UNE N.21-63'50-E.,A DJSTANCE OF 25:51 FEEf.To,HE FjO[NT OB _CO(`LF+4{N(NG 1,Q3f SQUARE FeET..Mt)FtE Oil LESS_ 661OWNG AT TTiE NOR FiEAST CORNER O PARCEL- 4.PARCEL MAP No 1400t AS PER MAP RE1Q0 - If[St Q#�tT[Y,PA( S 65 THRO(1(�N68 OF PARCEL MAPS"(t�I THE QFFICE OF SPdD A-S PED Y A ROED SEIIV ArSOWTZ)N.1{iE -p ESTI y'R(GHT OF WAY LtFt(E pE HOSPii/st(n%(1 I` ' 0, - "(N(; - A(;URbE TO•THE L EFF 01=`WH(C H THE-RMUS-PO(NT'-LIES ki il- 5'31'E,! RAD ALSd BEING THE bIsTANC1=()F 1,146,00 FEET;THENCE EAS�LYAL.(3NG THE ARC THROUGH A 1`4 ;A[i(STQAt OF 10_-52 FEES TO THE WESTERLY UN>=OF PARCEL TT AL AlQGLE OF iQ{107;THE(�IEE ALONG{IltES7FtLY L(NE SQiS`38'22"ER A D[STAt�tGE OF 7(IS FEET'Tfl THE PQ(hLT OF CURVE AHOI•t TANGENT CURVE.TQ_TriE 1 (GH1,OF.WHICH 171E RADIUS.AOINT LIES.(�(.06°0'1'15"E_ y(je (i l' API�(028L-371-Y6 ROW Page 1 DISTANCE OF 1,152.00 FEET.THENCE WESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF .05'3T45'.A DISTANCE OF 113-18 FEET TO THE SOUTHEAST LINE OF SIAD PARCEL 4 OF SAID PARCEL MAP 14007.THENCE ALONG SOUTHEAST LINE N21-03'34"E.,A DISTAN BEGINNING. CE OF x.10 FEET TO THE POINT OF CONTAINING 783 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT 8 ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 14TH DAY OF JUNE.2010 oQaflFES$j0�•_ ROBERT EDWARO 57 � .NS,PE 25068 Za REGISTRATION!EXPIRES 121311.11 * `L 2 - ...F�F•GIlC.1E�- - A➢f�fi9Rr 47t -,c o - _ r nv ire •a&2 BEARING &DISTANCE OATA BEARING &DISTANCE DATA 00• BEARING QISTANCE No. BEARING -OISTANCE CURVE DATA 2 S68°56'10"E 91.51' 9 K19°3t'39"E ��� R A ` 3- S21°03'SWV 21.09' l 5.50' ° 1 •1155.00' 00°1428" 1 568 56"i0"E 2.19 4.86` 4 568°56'10"E 27.76' 1' 573°49'30'E 56.89' 5 1553.39' 02°31'54` 68.63' 6 N21°04'32`E 8 1145.00' 01°31'$9' 30.64` az Q, 7 S68°56'10"E 7.01' i S68°56'10"E 3_u• 1 30.97' i N21°03`50"E 25.51' LU u Z cr_ a1 N20°491VE -� (1taR1 P.U.B. .142t°03'S0'E O �Ag CoA :NTB°31'S7"E PARCEL A Mal P � (RAD) w -5 4AJ PAR ' or Or' 17 --1 go-go _ e - � DS E. B EIS. szAasr cwryic goxo,s$itE ioe .oinigto,c,iukoear, 6tnt APf( 281' .� �1i1r0.1Q a RIGHT QF WAY' 4 HEARING &DISTANCE DATA 1(0. 8EAft1NG OISTANCE - CYI DATA i so(636.22"E R d 1.05' i 1145 .00' 05 31'49 N21°43'31"E ° " 110.52` 7.10' 1 1152.00 05°37'45- 113.18' • Nl2°35 3t'E. ��_ • '�- -.�RAKCEL �. N06••Q3:42 E IsAbl PAWL N-AP / N1.1 a•3:?00"E mr I Ig C-1;5 a a[uato,CLl(FO9�tA.a tperE;ta- gIO :.• fret APR 28 -371-76 R[CFIT OE t4�AY t°=c�` CL - 0. LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT DAMSONS x200 E-wash Road,s d;e Mo.Or;Jio.Cam.9t76! :.•pte��ie:�;R2:5-"d6�q•Faa 5+?�Z io-::f� :v.•r.r.p:,csan�:x:r. EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0281-371-76 THOSE PORTIONS OF PARCEL A.PARCEL MAP NO. 14703, IN THE CITY OF SAN BERNARDINO. COUNTY OF SAM BERNARDINO, STATE OF CAUFORNIA AS PER MAP RECORDED IN BOOK 176,PAGES 75 AND 76 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS. PARCEL A COh4WNCING AT THE NORTHWEST CORNER OF SAID PARCEL A.PARCEL MAP NO:14703, BEING.A POINT ON 7F1E S WESTERLl�R1GfiI OE W-AY-LINE OI=HOSPITAUT�'LANE;THENCE ALCjNGr.SO�►Tj jay TERLY UNEOF SAID PARCEL pp;8.2:1*04'32"x,-A DISTANCE pF?Oi-.FEEf Tb THE TRUE PCSih(T UF'BEGII�IN(h!G' ALSO BE(PIC Il i�B:EGINNIIf G of A CURVE TO THE RIGHT,-OF WHICH THE.FRAQIUS POINT UES 5.18'3T5 V R/1OIALOIS47A'NC�OFt.553 39.FEE�T T1�ENGE EASTERi-YALONG-THEARC,THROUGRA FEE TRAL ANI;tE OF{72"31.'vS4 A[ I$TANOE OF 68.53 FEET; fk 1Ei�iCE_5,68°56'10W.,A DISTANCE fiJF 27.76 FEE -TO THE'Nf3RTk(WEaT LINE OF PAt3CEL_S OF PARCEL MAP 1`4007;IN THE l;ITY OF SAN-i3ERNAftDlNO, COl�N3Y OF S1A81(3EftNARQINO;SlATE`C1F CALIFORNIA AS:PEF�MAP REGORt3EO IN BOOB 170;F'AGES�NS THRU.68 OF PARCEL MX1RS;tN TNE;OFFIGE OF THE CC3U(�(TY'RECORD.Ef2 OF StkID COUt�1TY,_TkiENCE AL�(VG SAl©I11bRT[i1tVEST L INI=52:1°03:5Q"V1f_;A 131,STANCE 6F 1�;OI?FEET TtiENGE I�1;68"S.f'10°'W_,A QiSTANCE OF 27.3.6 FEAT TO.A P LNT OF Gl11ZalETO T[(-LEFT HAj!(NG A RApi OF'1,5 3.39 FEET AJ�O_A CENTRAt AN bF IUD°38 �1 ENCE WESTERLY ALONG THE.AJtC A 0ISTAT�iC<='b.F 17.43 FEEi';T(�Eh7(;E N:19'S5 0 E.,A D1ST/INCE.pF 4-75 FEET;THENCE N-70b. 4'4d"V1/-,(A DISTANCE OF"13.27 FE7=i;TF-1E(c10E ;1 55 /Sl,.A.�STANCE3E 4f9 FEET TO TfIE F'171NT OF-+YUf�VE OF A NON TikNGEiVT CURVE TO THE LE TS OF 1111j(I( TF1E ftA LUS l?Oli`Kf UES S 19°.55�ov-- A RADIAL Dt�ANCE OF t Bti3.38.FE1=T �7iENCE VfIE TfEf2f_Y AL O[�1G Tai-ARC,TIiROlJ61i A GEiSCFXAL ANGLE©F fly°24'23"A[3(BTA -4�O('37 Tz-FEEf E THE:tiiCSFt F1iV1[ES7 ((NE E] SAJD PAROtL A OF SA10 P+4RC L mAp 1¢703.:THEN top--.IVOR7}i1/VEST UNE N 2i.04'32'E,.A O(STANOE OF'10:01 FEET•TO THE TRUE POFI�t7'OF B.E61NWN6, COtJTgINit VG 9p1 S�UARfE FEE F:MORE 0 t2 $S. P-Af{CEL.B. Gt M[iENGfVG55 AT THE NOFZTHEAST CORNER OF PARCEL 6,PARCEL&(AP NO. 14007 AS PER MAP t� -rN JffG 1.iDI.PAGES 65:lTiRC3tJ�Ff 68 OF PARGELp I&F4 ;((N 11�E 0--F10E.OP SAID G 3!JNTY - . - RECQ1�1?1=f2,-BEItd-G�A ij01NT ON 7FiE SO. THENC Ott ( �: HTTtVVi=STE(2Ll'12lGHTi)1=W;41�l.INE: -F-O,SFs rA�yLi.- ltliEXl'3T_L I�VEAF SAt> PARCEL 6,PARfEL MAP NO.(4Qff1':S 29'03'SII"W.:2551 PEEP T6 Tt{f=TRUE P�O[NTn11BEGfN�JiNG Tf t (CE-9:68°sG`10 -A[ISTANCE OF 325 FE6i; iE(VCE S.T3=43'(A"E_,A f3iSTAf(( ( .g FEET;Iii NGU x:68=x6'10" ,�4 QiST CE OE 218`F E_F T TEIE [�bRi FiV(LEST LAVE OE:§MD gAR6Et 4 OF SAI O Pi4RC L AAIIA �#L107;Tfd (1G ALO�tF�.SA[Q�IQRTI t1Rf EST C1tYtE S 1S"3_tg`Yli_.�4O(STAI�CE Ot=-1289 FEET;71 fEts(CE(�7.6g-56`10'VSE,A O(STANOE'QF U t2 FEES; THEIVGE N:21*03'50''-,A MS`-ANCe OF 7:88 FEE1;=THE a(CE N:73"24 4`'Jil,A OIS7kT1Ct OP 61-.84 FEET TO THE SOUTHEAST UNE OF$AID.'PARCEI B�THENCE ALONG-SAID SOUTHEAST UNE NI-1.OTWE_,A - DIS7'L�tf✓E O�5:0�Fl=_.ET i`t�TliE712(JE�?O[((7'aF 6EGINt[fM�.-. . .CONTAINING 319.SQUAI2j5 FEET,MORE OR LESS_ -P/4RC€L-C COMMWONG AT THE NORTHEAST Q0RNER OF PARCEL-4,PARGEi MAP N0..14007 AS PER MAP ( E(X1,R[3EQ(�t_80t`K 170,PAGES:65 THROUGH 6$OF PARCEL MAP? -IN THf:OFFJGE OF S'AFO COUNTY I(PN02S1.-37i-761 Page 1 RECORDER,BEING A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF HOSPITALITY LANE; THENCE ALONG SOUTHEAST LINE OF PARCEL 4 OF SAID PARCEL MAP 14007, SOUTH 21°03'34'-W EST 7.10 FEET TO THE TRUE POINT OF BEGINNING,AND THE BEGINNING OF A CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIES N-1 1-39-00-E..A RADIAL DISTANCE OF 1,152.00 FEET;THENCE EASTERLY ALONG THE ARC.THROUGH A CENTRAL ANGLE OF 05°37.45 ,A DISTANCE OF 113.18,FEET TO THE EASTERLY LIKE-OF SAID PARCEL A OF SAID PARCEL MAP 147103;THENCE ALONG SAID EASTERLY LINE S.00°38'22"E.. A DISTANCE OF 10.07 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHIM THE RADIUS POINT LIES NA5°57"48"E.,A RADIAL DISTANCE OF 1:162.00 FEET;THENCE WESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 05"4S'07",A DISTANCE OF 1199 FEET TO THE SQVTHEASTLINE OF SAID PARCEL 4 OF SAID PARCEL MAP 14007;THENCE ALONG SOUTHEAST LINE N21°0T34`E_,A DISTANCE OF 10.14 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,151 SQUARE FELT,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 3RD OAY OF AUGUST,2010. "^ m RO :EDWARD S :_S PE-25068 176$ RE I$TRATION EXPIRES 2131111 `,`rT,. c ni APN 0281 37176 TCE ^ Pai,e 2 BEM(NG &DISTANCE OAUI BEARING &DISTANCE DATA t1o• BEARING DISTANCE CURVE DATA No. BEAR-114G .DISTANCE 2 Sb8°56'10"E 27.76' 1 S68 956'10"E d E 3 N2i°03'50°E T0.00, 0 325 V1543.39' 02°31'54" 68.63' 1 573 49`10"E 56.89' 00°38'56"4 Sb8°56'10"E 2.7.76' ;'- 568°56'10`E 6 N19°55'20" 2'19' O1°24'23" �) E 4.75" 1- N19°31'39"E 37.88' Q I T 570°0.44Q"E 13:27` ° . , 12.99` to 8. N19 055'20"E - 4.69' 1 Sb•8°Sb t0"E 0.62' 1 N21°04 10.0i '32"E ' 1 N21 03'S0"E 7.88' 1 573°24:24"E 61.89" I11 1 N21°04'3.2"E 7.01' 1 N21°03'60"E 521°03`50"E 25.51' H18°31'57r'E.. ` (w1D) 1'Q' "\ \\PARQE A . /N�18°39'S7"E .. N19°55'20"E 5 4 .3 • CRAD3 / ���, 11 1RA61. i. eAACE( B Pam mom No go PARSONS EXHIBIT < o a 5200_QASi CO kST(RA40,SQITE 200 `n * 7 • OMi4R(0.CAl(F08N(A 117cT KI'9 '29.t,!71_.ye - Q6/O7f10t0 n f 1��0 7E P0[{AI .Y ZONSTRUCTIQN- EASERERT �a loft d BEARING &OISTANCE DATA CURVE OATA 1do_ BEARING DISTANCE No, R 2 N21°03'34°E 7.10' 11fi2.00' 05° L 12.00' 1 05S00°38'2 10.07 61 116.99' N21°0334"E 10.14' w — _ x y - , WIT — ----_�_- LAW PARCEL C pphi ee pp T.P.0:8. 2. t8A0) u RANA MAP- No 14-70a di I�4Lj i lei o N � S �r _ �s e: �R�� -B I � f° t a St. L00 ErCST C1[Sji Ito ,"SV1TE 200 v n 7 - n CM r,51 9126( -Q PM 284-$71-7V - .� OGIQztmo is I: o- - _ TEMPORARY GONST:RUCTICtH. El��> IKEHT -_ - C47 T FATAL DESCIRIPTTON FORLARGER PARCEL ATTACHMENT The land referred to herein is situated in the State of California,County of San Bernardino,City of San Bernardino,and described as follows: PARCEL [: PARCEL 6 OF PARCEL MAP NO. 14007,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARD[O,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 170,PAGES 65 THROUGH 68 INCLUSIVE OF PARCEL MAPS,RECORDS OF SAID COUNTY- EXCEPTING THEREFROM THE SIDEWALKS,SEWERS,STORM DRAINS- WATER MAINS,CURBS. GUTTER'S PAVING ELECTROLLERS,STREET LIGHTS,STREET NAME SIGNS,TRAFFIC SIGNALS AND ALL APPURTENANCES AND APPURTENANT IMPROVEMENTS AND RIGHTS (COLLECTIVELY,THE-IMPROVEMENTS")WITHIN ASSESSMENT DISTRICT NO-961 IN THE CITY OF SAN BERNARDINO,CALIFORNIA,WHICH ASSESSMENT DISTRICT IS SHOWN AND DESCRIBED IN THE ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT NO.961.RECORDED FEBRUARY 6, 1985 IN BOOK 31 OF ASSESSMENT DISTRICT-MAP,PAGES 64,65 AND 66, RECORDS OF SAN BERNARDINO COUNTY CALIFORNIA,AS DESCRIBED IN THE DEED TO THE CITY OF SAN BERNARDINO.RECORDED APRIL 11, 1985 AS INSTRUMENT NO.8S-085510 OF OFFICIAL RECORDS. PARCEL 2: ALL EASEMENTS,CONCERNING PARCELS.1 THROUGH 5,A AND B OF PARCEL MAP 12902,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 145 OF PARCEL MAPS,PAGES 68 AND 69,IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY,CALIFORNIA,AND PARCEL I THROUGH 7 OF PARCEL MAP 140. l 1745 AS PER PLAT RECORDED IN BOOK 138,PAGES 26 THROUGH 28 INCLUSIVE OF PARCEL MAPS,THAT ARE APPURTENANT TO THE REAL PROPERTY DESCRIBED AS PARCEL I ABOVE,INCLUDED WITHOUT LIMITATION A RECIPROCAL EASEMENT FOR ACCESS,PARKING AND PEDESTRIAN TRAFFIC AS ESTABLISHED BY DOCUMENT ENTITLED"MAJOR BLOCK.DECLARATION,MAJOR BLOCK NO- 6—SOUTH PALM COURT,TRI CITY CORPORATE CENTRE--RECORDED ON MARCH 30, 1990 AS NSTRUMENT NO.90-122789 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO,CALIFORNIA AND ALL EASEMENTS AND RIGHTS CREATED OR GRANTED BY ANY OF THE FOLLOWING INSTRUMENTS:. THAT CERTAIN FIRST AMENDMENT TO MAJOR BLOCK DECLARATION,MAJOR BLOCK NO-6 —SOUTH PALM COURT,TRI-CITY CORPORATE CENTRE,DATED JUNE 21,1990 AND RECORDED ON JUNE 22-1990 AS INSTRUMENT NO.90-246351 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY,CALIFORNIA_ THAT CERTAIN SECOND AMENDMENT TO MAJOR BLOCK DECLARATION,MAJOR BLOCK NO- 6—SOUTH PAw COURT,TRI-cITY CORPORATE CENTRE.DATED JANUARY 1;.1992 AND RECORDED ON MAY 28,.1992 AS INSTRUMENT NO.92-223951 OF OFFICIAL RECORDS,IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY,CALIFORNIA. THAT CERTAIN THIRD AMENDMENT.TO MAJOR BLOCK DECLARATION,MAJOR BLOCK NO.6 —SOUTH PMN COURT,TRI-CITY CORPORATE CENTRE DATED NOVEMBER 5,1993 AND RECORDED ON NOVEMBER 29,1993 AS INSTRUMENT NO.93-514344 OF OFFICIAL RECORDS;IN THE OFFICE OF THE COUNTY.RECORDER OF SAN BERNARDINO COUNTY,CALIFORNIA_ THAT CERTAIN FOURTH AMENDMENT TO MAJOR BLOCK DECLARATION,MAJOR BLOCK NO. 6—SOUTH PALM COURT,_TRI-CITY CORPORATE CENTRE,DATED OCTOBER 9,1996 AND _ RECORDED ON DECEMBER 4,1996 AS INSTRUMENT NO.96-445159 OF OFFICIAL RECORDS,IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY,CALIFORNIA. C47-a 1-371-59-Auachmcnt I LEGAL DESCRIPTION AND PLAT ^.P FOR PERK AMEN T EAC�l`'IEMl- lJ L V 1 V 1 PARSONS 32CLI c G.td=ti RGBii. 200. cl,?i 7iil .TE!s iih7��:ceJ S-21^.J Off ., ! �x S:ry-21`-3C�:S. :u.:•r.��sEx�s.COrn EXHIBIT A RIGHT OF WAY AP 0281-371-59 THAT PORTION OF PARCEL 6,PARCEL MAP NO- 14007,IN THE CITY OF SAN BERNARDINO'COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 170,PAGES 65 THROUGH 68 OF PARCEL MAPS,IN THE OFFICE OF FOLLOWS; THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 6,ALSO BEING A POINT ON THE SOUTHWEST RIGHT OF WAY LINE OF HOSPITAUTY LANE(45.00 FEET HALF' THENCE S fib°56'10"E,A DISTANCE OF 89-53 FEET TO THE SOUTH DISTANCE S 2i'03'SO'W,A DISTANCE OF 225,5 FEET.THENCE N.68-56-10-W..A D STANCE OF 3:75 FEET;THEN UTHEAST UNE- N'.23°56'1 EST A E O ANGE OF- FEET;THENCE N:8°56'10"W.,A DISTANCE OF 65:77.1 EE1 �O THE NORTHWEST LINE OF SAID PARCEL 6,THENCE ALONG NORTHWEST LINE N.21°03 50"E.,A DISTANCE OF 5.50 FEET TO THE.POINT OF BEGINNING. CONTAINING 768 SQUARE FEET,MORE OR LESS ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED TNiS 16TH DAY OF JUNE,2010 • �,�QROFESSI : cq ROBERT EDWARD TEA S,PE 25068 i°C .d Y y R�GISTRA flON EXPI 1213111 t ltPN 028-371-S9 ROW Page 1 BEARING.&DISTANCE DATA No.1 BEARING DISTANCE eel 1 S68°56'i0"E 1 89.53' I 2 N21°03'50"E 25.51' 3 - S68°56`10'E 3_75' Ul tl 4 S23°56't 0"E 28:30' d Z 5 .568°56'10"E 65:77` � 6 NZ1 403'50"E 5.50' ke U( , HpSp. �ti\ p a - h. 5 a f \� I _\ r POOL 6 P: M'. 9,. 19-1 U-64 APK oil I IT 1- It v - o PARSONS E XH.t:�t�' " R a' 3ZO ELST GoUSM koi,U; SUITE Y°.° APR 2&1-371-59 •°� i,M OKFl4EU CtC�DRNJ� 9t:fG.1 - - - 1-911 e - RIGHT d'F WAY " 1 of 1 a LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION JE CEMENT L lU 11r LL `l 1 I PARSONS 320.1 E.Guasti Road.Suite 2 Oniar:o.C:117 o? -eiepe:�re: b-3 .Fa:90-3.218-3605- .. '•�r w_rarsans.cnm EXHIB(T A TEMPORARY CONSTRUCTION EASEMENT AP 0281-371-59 THAT PORTION OF PARCEL 6,PARCEL MAP NO. 14007,IN THE CITY OF SAN BERNARDINO.COUNTY OF SAN BERNAROINO,STATE OF'CALIFORNIA AS PER MAP RECORDED IN BOOK 170,PAGES 65 THROUGH 68 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 6,ALSO BEING A POINT.ON THE SOUTHWEST RIGHT OF WAY LINE OF HOSPITALITY LANE(45.00 FEET HALF WIDTH.THENCE ALONG THE NORTHWEST ENE O SAID PARCEL SOUTH 2-1'03'50"WEST 5.50 FEEf�TO.A LINE PARALLEL WITH.AND 5,50 FEET SOUTHWEST OF-THE NORTHEAST`UNE OF SAID PARCEL,ALSO BEING-TRUE POINT OF BEGINNING; THENCE S:68°5 lV*E.,A DISTANCE OF 65.77 FEET;THENCE S23456'10"E_,A DISTANCE OF 28.30 FEET; THENCE S.¢8°56.10"E.,ADISTANCE OF 3.75 FEET TO THE SOUTHEAST LINE OF SAID PARCEL 6;THENCE N-ONG,SOUTHEAST LINE-S:21°03'50-W. .A DISTANCE OF 5.08 FEET;THENCE N.73°2424"VIJ:,.A DISTANCE OF 9:55 FEET THENCE N_34°43'40"YV_,:A DISTANCE OF 20.92 FEET;THENCE N.68°40'22'W,,A DISTANCE-OF -9_53 FEET;-THENCE N.21.°13'18"E.,A DISTANCE OF 4:03:FEET;TH ENCE N.68-56-10-W-,. A DISTANCE OF 53.1"9 FEET TO THE NORTHWEST LINE OF SAID PARCEL 6;THENCE AILON.G NORTHWEST LINE N.21°03'S0"E,,.A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINN(NG_ CONTAINING 978 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXH(BfT B ATTACHED HERETO AND MADE A,PART HEREOF_ DATED THIS,8TH DAY OF AUGUST,2010 --� tWES.Slp Quo W A. . �,� ROBERT EOWARI3 S S.PE 25068 25088 x I REGISTRATION EXPI S 1213111:1 & . Q a nici 0001 3'71 597 Page 1 I BEARING &DISTANCE.OATA No. BEARING oisTANCE S68:°56'10"E 65.77' U, 2 S23°56110"E. 28.30` 0 3 S68°56,,TE 3.T5' Lu < N21°03"SO"Il. 5.08' DC ��_ 5 573°24'24"E 9.55.' 6 N34*43''40'V 20.92' 7 N68°40'22-W 9.53' \ 8 N3'i6"E 4.03' 5 S68°56'10"E 53:19' -,\ - . 1 N21A-03'SO"E 10.00' 1. N2i°03'50"E 5.50' Cq.M rke 9 h 5.:. 4 F-ARCIEL. RAP KO. 1&401: a �d go Ave c 4 49.. Pit HIM PA ONS 0 . - a 5FAST Q14sTf R64a; sgiiE`ZOQ 05,fzmQ -- - - 4g n ommo tuCtFmiKiA itzb.t 14PN 28:i-$]`�-5.Q TEMPOAA-RY C.ONSTRVC.TION EASEMENT ;•� " �A IofI g a C49 T Gl! A 7 TIUCr' JD-PT �n �.c `�VFU PaR(`FT LliV C1L LLi�J�l 1 11 V 1 V 1 Li\ [ -P CPT ATTACHMENT"1" The land referred to herein is situated in the State of California,County of San Bernardino, and described as follows: PARCEL L PARCEL 4 OF PARCEL MAP NO. 14007 IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, AS PER MAP IN BOOK 170 OF PARCEL MAPS, PAGES 65 THROUGH 68,RECORDS OF SAID COUNTY_ EXCEPTING THEREFROM THE SIDEWALKS, SEWERS, STORM DRAINS, WATER MAINS, CURBS GUTTERS, PAVING, ELECTROLLERS, STREET-LIGHTS, STREET NAME SIGNS, TRAFFIC SIGNALS AND ALL APPURTENANCES AND ApPURTENANI,S KA4PROVEMENT AND RIGHTS (COLLECTIVELY THE " %QROVEM Wp,) WITI_nII ASSESSMENT DISTRICT NO. 961 IN THE CITY OF SAN BERNARDINO, CALIFORNIA WHICH ASSESSMENT DISTRICT IS SHOWN AND DESCRIBED IN THE ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT NO. 961 RECRODED FEBRUARY 6, 1985-IN BOOK 31 OF ASSESSMENT DISTRICT.MAPS,PAGES 64,65,AND 66, RECORDS OF SAN UN BERNARDINO Co PAGES CALIFORNIA, AS DESCRIBED IN THE DEED TO THE CITY OF SAN BERNARDINO, RECORDED APRIL 11, 1985 AS WSTRU`I iMNT NO.85-085510 OFFICIAL RECORDS PARCEL 2 ALL EASEMENTS,CONCERNING.PARCELS 1 THROUGH 5,A AND B OF PARCEL MAP F 12902 C IN THE CITY OF SAN BERNARD- 'No, COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA, PER PLAT-RECORDED IN BOOK 145 OF PA'-R'CEL MAPS, PAGES. 68 AND 69 IN THE.OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO CO, NTY,CALIFORNIA AND PARCELS I THROUGH 7 OF PARCEL MAP 11745 AS PER PLAT RECORDED IN BOOK 138 PAGE 26 THROUGH 28 OF PARCEL MAPS,THAT ARE APPURTENANT TO THE REAL- PROPERTY DESCRIBED AS PARCEL ABOVE, INCLUDING WITHOUT LIMITATION A RECIPROCAL EASEMENT FOR .ACCESS PARKING AND:PEDESTRIAN TRAFFIC AS ESTABLISHED BY DOCUMENT_ENTITLED "MAJOR BLOCK DECLARATION MAJOR BLOCK-NO- 6 —SOUTH PALM COURT, TRI CITY CORPORATE CENTRE", RECORDED ON MARCH 30, 1990 AS INSTRUMENT NO. 90-122789,OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY,. CALIFORNIA AND ' ALL- EASEMENTS -AND RIGHTS CREATED OR GRANTED BY ANY OF THE FOLLOWING INSTRUMENL'S: THAT CERTAIN FIRST AMENDMENT TO MAJOR BLOCK DECLARATION, MAJOR BLOCK NO. 6—SOUTH.PALM COURT,TRI CITY CORPORATE CENTRE, DATED JUNE 21, 1990 AND RECORDED ON JUNE 22, 1990 AS INSTRUMENT NO.90 246351 OFFICIAL RECORDS CALIFORNIA;THE OFFICE OF TTJE COUNTY, A COUNTY RECORDER OF SAN BERNARD]NO THAT CERTAIN SECOND B AMENDMENT TO MAJOR BLOCK DECLARATION, MAJOR LOCK NO. 6 - SOUTH PALM COURT, 'tom CHy CORPORATE CENTRE, .DATED 1992 AN JANUARY [ D RECORDED ON MAY 28, 1992 AS INSTRUMENT NO. 92-223951 C49-281-371-57-Auachmcat t.doc OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY,CALIFORNIA; THAT CERTAIN THIRD AMENDMENT TO MAJOR BLOCK DECLARATION, MAJOR BLOCK N0. 6 - SOUTH PALM COURT, TRI-CITY CORPORATE CENTRE, DATED NOVEMBER 5, 1993 AND RECORDED ON NOVEMBER 29, 1993 AS INSTRUMENT NO. 93-514344 OF OFFICIAL RECORDS, IN'THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY,CALIFORNIA. THAT CERTAIN FOURTH AMENDMENT TO MAJOR BLOCK DECLARATION, MAJOR BLOCK NO. 6 - SOUTH PALM COURT, TRI-CITY CORPORATE CENTRE, DATED OCTOBER 9, 1996 AND RECORDED ON DECEMBER 4, 1996 AS INSTRUMENT NO. 96- 445159 OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY,CALIFORNIA. C44-281 371-57-Aaadw=t l_doc r LEGAL DESCRIPTION AND PLAT MAP FOR PEP�1vIAINv ENT EASE��ENT FwASS 3200 E-Guas6 Road.Suite M).OnWio,Cz 917€1 •TSieDhcw,e:9;r3-1:8-3543-Fax pa'so,is.m.rj, EXHIBIT A RIGHT OF WAY AP 0281-371-57 THAT PORTION OF PARCEL 4,PARCEL MAP NO- 14007,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA.AS PER MAP RECORDED IN BOOK 170.PAGES 65.THROUGH 68 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COU FOLLOWS: NTY,DESQRfBED.AS BEGINNING AT THE NORTHWEST C012NER OF SAID PARCEL 4,BEING A POINT ON THE-SOUTHWEaTERLY W GHT'QF V_1/A'.UNE.OF t-tOSPITAUTY L•AMi ALSO BEING THE BEGINNING OF A CURVE TO T}1E LEFT,OF WHICH .HE.RAD.IUS POINT LIES N.1.9°31'51".,A.RAML DISTANCE OF 1,145.00 FEET; fb1E ICE EASTERLY ALONG THE ARb:Tiik66Gk4 A-C-C:iVTRAL.ANGLE.OF UT5620".A OISTP.NCE OF 115.8.65 ptbE ,TO`TI�E EAST LINE OF SAtD:PARCEI.4;THC�NEE;A dli SST UNE S.21"03'34"1tY.,A 4fSTANCE QF Z_1'0 FEET Tb'Ti tE Pt31NI-OF 0111 bF A Nt�Ci TANGENT CI IRVE T6 THE RIGHT;6'-W iICH T1iE.=RADIUS P01NT UES N•1 f.°90'f "E.A RAOfxtiL DtSTANGE OF 1,1.52: 0 FEE'[ THEt�tCE WESTERLI'ALONG 7NE ARG THROUGH A C6(�fiRAL At�fLE O Of°38`3 `,A 1Jt'.�TANGE OF 1.33.58 FEET;THENCE-5.64'41'4 'RAf.,A•.DIST14(�3CE OF 2Q.7 S -FE�iTHt�tC-f=N:68'SB'1Q'11ft.;A DISi'AIVCE`OF 10:ifi FEET;TO THH WEST LfNI='-OF SA4�FAR,C�I.4,T!-[ENCE ALONG WE"Si'UNE 11.19"31'39'.:,A t}(S�!`AfVC�OF.2'(.09"FEET TO:THE PQII�FT OE BEGINNil�IG. CONTAININQ.-1,364 SWAM-FEET.MO REOR LESS. ALL AS MOF2E PART(GULARLY SHOWN ON EXHIBIT 8 ATTACHED HERETO AND MADE A PART F{EREOF. OATH THIS 8TH DAY OF JUNE,2010 r :, ROBERT ED f\t STF:AFF !`_*t3E�Sb66 .cr_ 2 _ 12EGlSl'F2f�T(OtQ EXPIRi✓S. :'(j11 �.. . -* APAI.0281-371-57 ROW Page 1 BEARING &OISTMICE DATA CURVE OAT' No. BEAMING OISTANCE Na. g e t 2 021 903'34"E 7.10' 1 1145.00` 07°56`20" 158.65` 4 . N64°4i'43"E 20.T5` 3 1152.00' 06938`37" 133.58` 5 S68°55'10"E 10.16' 6 S19°31"39'W 21.09' �IQ Ul CJ \ LLI \ \Kp8 A. \, P.0.6. Si9°31'`51"E ,`�rY PANEL A ! Slt°35'3t`Yt ` S18•t7'37"E {RAO) � caaar r 3 ! a PARCEL 4 �;t 39 oo'tir . ! tR�n.i i q AWL 190 M. 14007 ! PARCEL A- 4. 4 0 - a 31N[s E X H-[B 1 T ROG EASL f,.RASTt 9040.SW E X APR•n uu t C y- aRTARfO,CaL[EORN[A 9Ti6i 281`371-1-1 RIGHT t3E WAY �p i of 1 + LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMEN 1 PARSONS 3200 E_Guas6 Read_S n e'CO3 Crttz,,o.CA 91751 •Tdep:tone:9r9-2j&-3S .Fsx S71-2 i&3fA5. a�:a_parsors.corn EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0281-371-57 THAT PORTION OF PARCEL 4,PARCEL MAP NO. 14007, IN THE CITY OF-SAN BERNARDINO. COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 170,RAGES 65 THROUGH 68 OF PARCEL MAPS, IN THE OFFICE OF THE COU FOLLOWS: NTY RECORDER OF SAID.COUNTY DESCRIBED AS: - COMMENCING AT THE NORTHWEST CORNER-OF SAID PARCEL 4,BEING A.POINT QN THE SOUTHWESTERLY RIGHT OF WAY LINE Of-HOSPITALITY LANE{4 .00-FEET HALF VtTIDTH);THENCE ALONG THE NORTHWEST LIME OF SAiD PARCEL SOUTH 19-31.39"WEST 21.09 FEET TO THE TRtfE POINT OF BEGIRII+IING:THENCE S:fB"'6'10"E.,A 01STA06E OF'(Q_16=FEET;THENCE"N_6"4` q'4 °E;A DiSTiANCE OF 2b,7 FEET TO THE POINT OF UURVF_OF.A(VQI tANGENT CliR�/E;TO THE LE POINT UES N.18°i7 7"E_;A RiA»l,Qi .61ST"ANGE'OF 1:,1521I0 FEET;THENCE �'E1F WIiIC. TT-IE RAOIUS- 71 THROUGH A CENTRAL ANGLE GtF.06°•38�T";A DtS CANGE OF 1-3::3:58:F£a~i:TO ll!E EASUIlE-OF SAiO RMftCF14,THENCE A!o1V6"SfAI( -EAST LIVE S.21"03?84"W„A DIS-VANCE OF 1 b:94 FEEI TO THE POINT OF CUE�VE OF A t>I�N TAIt1GEi+IT CUR1/E TQ T'E RiGF#T;OF WHICH TtdE Itf>t31U:.S POINT LIES.N_T E PdI'E.,A L2ADIAL dISTANCE OF 1.,ifi2.00'FEEET;.THEE G-EE `jt&-' EI LY gi O1VG:THE OF 0.5'30'56',A D.tSTANCE OF-CI 14 FEET; 1T{EI*7d 'S:69*$30 "y1(.,A D.IS7 N E THROUGH A O 27 5 CENTRAL ANGLE N_68°56'10 W,A DISTANCE'OF 5.13:FEET;TO TtiE NOTE: THENCE WEST LINE t�l.i9"3'1'39'E_;.l\OISTAIVGE QF 12'99 FEET TOO THE TRUE P01liT SAID g{=GjNNfNO ENCE.ALQNG CONTAINING 4,601 SQUARE FEET,MORE OR LESS•: ALL AS MORE.PARTICULARLY SIAOWN ON EXHIBIT e ATTACHED.HERETO Alain MADE A PART HEREOF: DATED TFjjS.3RD DAY OF AUGCaST;2010 FE ROBERT ni 25.468 .REGISTRATION EXPIRES 1 1 i �TF ,ClVll- 4�4 - . Page 1 BEARING&0[STANCE DATA COVE DATA No, BEARING OISTANGE- � R 2 N21°03'34°E 10.14' °A L i' 1t-524W 06 3B'3- 133.58` 4 'NG9°35`04"E' 27.26' 3 t 162.00` 06-30-57- 132.14' 5: SE'i8°5£2'10"F 6' S19°3r1'39"W 12.99' 7 N68°56'10"W 10.16' f 8 S64°'41'43"IE! 20.75' S19°31'39"W 21.09' ui • 'tom ' -- NIV*1.4'S0.''E WW" - -_ Sj1°39'00�1T ' t17'r 4 �SQ £PARCEL & RAt)1 a i o r PARCEL A df ga ss 7209 POr OASTI s0A6, SVITF'Z00 - - ` 'T ..yy •� w.V 1.LVi0 u 90lTRRIU,CALIFOIIYIA 9:761 - .Fi['�(� <$-t-g��.f�'-� r.E T [hPO;R.R:R� CaHS fRFJ. 'i`[O.f EA$..EMENT YQI 10 �: 1 0-f 1 0 ' a' 7 C51 LEG T DFSCR TPTTON F(1T2, LARGER P A C T . ATTACHMENT"V' The land referred to herein is situated in the State of California, County of San Bernardino,and described as follows: Parcel a of Parcel Map No. 14007, as per map recorded in book 170, pages-65 through 68 inclusive of Parcel Maps, records of San Bernardino County. CS -231-171-60-An=bLmcut 1.doc LEGAL DESCRIPTION AND PLAT MAP li Ol\ PE Vlt�.lN E1\v T LC1S ENT T PARSONS 3210 E.Gmsl Road.Suite 2:70,OI.a M.C.,91761 i deplione_l S z.8-36uJ•Fax 309-2 i 6_36e5• n,w.>ar_.o u.arw EXHIBIT A RIGHT OF WAY AP 0281-371-60 THAT PORTION OF PARCEL A.PARCEL MAP NO. 14007.IN THE CITY OF SAN BERNARDINO.COUNTY OF SAN BERNARDINO.STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 170,PAGES 65 THROUGH 68 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS_ BEGINNING AT THE NORTHWEST CORNER OF SAID' PARCEL A;SAID POINT ALSO BEING THE BEGINNING OF A.CURVE TO.THE LEFT,OF WHICH THE RAMS POINT LIES N:06"03'42"E.,A RADIAL DISTANCE OF 1,145:00 FEET;THENCE EASTERLy ALONG THE ARC,.THROUGH A CENTRAL ANGLE.OF 06°30'31 A DISTANCE OF 130.07 F1 kT;T7 FMCE N.89 3'i 1"E..A CIt,�`TAI�ICE OF 63:59 FEET;-THENCE ALONG THE EAST LINE:OF SAID PAF2CEL.A,5.00°3&'3,2"(* A OIST(1N OF 11:85 FEET;THENCE,'8Q°33 11"1111„A OISTANG�E OF 30 03 FEET;THENCE 5.00°21;'49"E,A 0i 7 ANC OF 3.5b FEET`;THENCE St89".33.'1 M_.A DISTANCE OF 6.45 FEET;THENCE N:45°54'26'-' 1(_,A OISTANCE OF 12.12 FEET`'TO THE POINT OF CURVr=O.F A NON TAN t✓NT CUR�(E TO'I F1E.F 61{C;.pF WHICH`THE RAOIUS C�OIN7F LIES N�:01:°2 '02'W.,71 RAbiiAL DIST�AN E. aF FEET; f]iENCE tNESTEfLY ftLONG THE ARC,.THF20.UGH.A CENTRAL ANGLE OE 07°23'17",A D1ST CE OF 148 54 fiEEt;TREIiICE h1_t30`38'22'til/- A.-i�(STANCi=OF 7A5 FEET TO THE OF BEGINNING, CON rAINING.1,589 SQUARE FEET. MOREOR LESS. ALL AS NIOIZE PARTICU.LARi_l'SI-iOV11N!ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 8-TH MY OF AUGUST,2010 . �Q�OEESSip� -ROT3ERT1rDWARO REGISTRATIOMEXPIR)E 12r 1111 _*: , vV ilV VY Page 1 BEARING &DISTANCE DATA CIRVE. DATA No. BEARING DISTANCE Na_ R A L 2' S89°33'11'W 63.59' fi 1145.00' 06°30`31" 130.07' 3 N06°38'2219 11.85.' 8 1152.00` 07°23'17" 148.54' 9 S89°33'11"W 30.03' 5. N00°26`49-W 6 .N89033'it"E 7 N45°5'4'26'* 12.12' 9 S00'38'22`E I � I 1 1 - ' I --- HO,PAITA.L� .Y _L LANE z ARM � . 9' 07 �� . - o h 0 E H-i 13 7 t� B Pi����NS. ViAx:•9*,Saar- mo C 05111CtU10 - WRARf°,CII(,IFQRl1t�:91761 ��-`:F( ta4-3T"i`8�. �' JA a RI-GHT OF WAY LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT PARss 320(1 E.Guasli Road,sui:�2M,Oryt;rG,C.=�-'1761 'eSsphpne:0-C ?it's-363'u rax5i,5-2 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 02817371-60 - THAT PORTION OF PARCEL A.PARCEL MAP NO. 14007,IN THE CITY OF SAN BERNARDINO.COUNTY OF SAN BERNARDINO.STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 170,PAGES 65 TNFtOUGH 68 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID.PARCEL A.THENCE ALONG THE WEST LINE OF SAID PARCEL A SOUTH Op' 8'22"EAST 7.05 FEET TO�THE TRUE.POINT OF BEGINNING;SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE TO T1iE LFI7,OF y�H1CH THE RAQIUSD POI T AL N.U6RU't"18"E.,A R,AOIAL DISTANCE OF 1 r152.Q1;FEET;TF�ENCE EAS-j'I=RLY ALQI�fG THE ARC;'i'( �OUGE{/{ eENIRALANLE QF 07°23'17",A DISfi/NCI=O•,F 14$ FI;I.T;T11t=NCE 5.45"54`26'i A G5ISTANGE-01 i2 12 FEET-THENCE N:B�°33'11.'E-.•.A DISTANCE OF 6.4.3 FEEZ {E(�j N OQ°29k A©IS7 Pa1�ICrE OF 35 .FEET; THENCE-N.89'33'11`'E.,A DISTANCE©F3U.05 fi=&;TNENtzE S 0"98`22"E:,A O(S'ii41VCE OF X0:59 FEEf� TIiF_Il7CE 5.89°33?1("W_,.A DISTANCE OF 90:42-F�jj%Ti4effCE N.+t7"�6'22"VV_.A DIS f>1V(;I�_OF Zoo FEET; THENCE N,42°53'38"E_,A DIS7ANCE.OF 7, EETTq A POINT OF CURVE TO THE LEA'1 i!$VItaIG A RAOItJ$ OF'4.0­f Q FEET AND A CENTRAL AL�IGLE OP-88"?2'28";THEI?�CE-NORTHERLY ALONG TIdB'AFtC A DISTANCE OF 6:17 FEET;THENCE N 45 28'5©'V1f.�A DISTANCE OF 40:9$FEET TO A.PUINT OF CURVE TO THE LEFT 1-I C(Af A F3ADIUS:.OF-:23 FEET At10'A-CEt:1T#�;4LANG`i✓E OF 89816.57.;.THENCE WESTERLY A10NG'THE AR .A DIST}1NCI OF i6.2 ;FEi~T;TNE{�iCE-Sd5°14"C2"1LY A-Dj$•TANCE OF 8.6�FEEI'tp T}{E POINT OF CURVE OF A NON TANGENT CURVE TO T{-IE RjGI IT,OF wHic-H THE RADIUS POINT LIDS-N_00"52`29."W.,A FtA61AL DISTANCE 01 i .162..oh FEET;TINC 1�1lESTERLY ALONG THE ARC;THROUGH A Cf�ITf4LANGG l TRUESf50'16",A DISTAIVCEOF 1: 8.68.-FE€T;THI=NCE _0fj• �2«w_ A dISTAIVCE©F'10.07 FEET TF THE i}ZUE POINT OF BEiGINNII�IG; C0*NT,P.tNTk.G.2;237 SQUARE FEEL;NIOREORLESS, ISLE AS Mt)ftE F'AlZTICULAFiLY SHOV1(KQ(q FJWI9IT B ATTACKED HERETO AND.MADE A PAR--r HEREQF. DAT8D THIS 8TH DAY O.EAUGUST;20'[0 - R- BEI7EDWARO < 25z.•. ,' - J`IS;PEZ50fi8. _`:,. REGISTRATION EXPIR i2l31I11 AAN 0281-3 71-60 . (LC Page 1 BEARING & DISTANCE DATA �. BEING CURVE DATA DISTANCE NO. R 2 545"54'26"E 12.12' A E 3 N89°33'1f"E 6,45' 1 1152..00' 07°23'17" 148.54' 4 N00°26'49"W 1 4.00' 88°22'28" 3.50' 1 6.17' 5' N89.33'11`E 30,03' 4,00' 89°1657` 6.23' 6 N00°38`22'11 11620 06°50'16' 20.59' 1 . 0' 138.68' 7 1(89°33'11'E 40.42' Q). S47°0622°E 2A0' 9 N42°53'38'f 7.38' S45°28'S0`E 10.98, I 1 N45°14'12'E ' I 6.62' ( , 1 1100°38'22-N 10,07' 1 'N00°38'22"w 7.05' I = H' P `-- MD�P(TAL(TY -`�-_---_ LAME. NOt°22 A2"Y1 `-- RAO �. P. c: N06°01'15°E P �� RA0) ' NOD°52"29'W 9 ------- 2 ----_ 5- -------- SEE DETAIL A----P- ! ( - M449 10"E. RAO) RAID) j N44°31:10."E. IRAO ! t PARS RAG ° N DETAIL A.- 0 o. S�QG EU't 6LIAYjt RO.%Q,5U(LE ZOO - - C-51 ° O+LTAR[O, GIIIFaRN14 sirct _ Apt( 281-$7 T EtwPQFc.ARY CONSTRUCTION EASEMENT C57 LEGAL DEJ "RiP i 1"IN ROM LARGER PM DEL. ATTACHMENT"1" The land referred to herein is situated in the State of California,County of San Bernardino, City of San Bernardino,and described as follows: PARCEL 4 OF PARCEL MAP NO. 12902, AS-PER PLAT RECORDED IN BOOK 145, OF PARCEL MAPS, PAGES 68 AND 69, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE SIDEWALKS, SEWERS, STORM DRAINS, WATER MAINS, CURBS, GUTTERS, PARKING, ELECTROLLERS, STREET LIGHTS, STREET NAME SIGNS, TRAFFIC SIGNALS AND ALL APPURTENANCES AND APPURTENANT IMPROVEMENTS AND RIQHTS (COLLECTIVELY, THE "IMPROVEMENTS") WITHIN ASSESSMENT DISTRICT NO. 961, IN THE CITY OF SAN BERNARDINO, CALIFORNIA, WHICH ASSESSMENT DISTRICT IS SHOWN AND DESCRIBED IN THE ASSESSMENT DIAGRAM.FOR ASSESSMENT DISTRICT NO..961, RECORDED FEBRUARY 6, 1985, IN BOOK 31,OF ASSESSMENT DISTRICT MAPS,PAGES 64,65 AND 66,RECORDS-4F.SAN BERNARDINO COUNTY, CALIFORNIA, AS DESCRIBED IN THE DEED TO THE�CITY OF SAN BERNARDINO, RECORDED APRIL, 11, 1985, AS INSTRUMENT/FILE NO. 85- 085510,OF OFFICIAL RECORDS. C57-A1-361-[4-Aaa,hmcat[-do,- LEGAL DESCRIPTION AND PLAT MAP FOR PEWvIANEN T EAS E viENT PARSONS 32:10 E.Guasli Roxi.ale%A0:Ontario-CA9i76:. .Trlc<a' ��: rar 96r�5 g- 605•"rm:.pZrcls-caT EXHIBIT A RIGHT OF WAY AP 289-361-14 THAT PORTION OF PARCEL 4,PARCEL.MAP NO. 12902,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,.STATE OF CALIFORNIA AS PER.MAP RECORDEQ IN BOOK 145,PAGES 68 AND 69 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY REGORt�ER OF SAID COUNTY.DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 4,ALSO BEING'A POINT ON THE SOUTHEAST RIGHT OF WAY LINE OF HOsPITAUTY LANE(57.00 FEET HALF --$AID POINT BEING THE BGINNINO OF A.GUR>/E TO THE I.Z----F` OF WHICH THE RADIUS POINT LIES N.37°42'S3'1!V A RADIAL DISTANCE OF 757.00 FEET;Tt jENG*E NORTHEASTERLY AL•N6 THE ARC,.l HRflUGFi.A CENTRAL ANGLE OF 06°10'33"-,A DISTANCE OF 8"1.60 FEET`T'O A AOINi OF RE1lERSE r URYF TO THE.ftJGHT�VINQ: A RAt�IUS. OF 20.00 FEET AND A CENT€;AL ANGLE�F$9°46 7-;THENCE EASTERLY ALONE TliE/AKC,:A©(STANCE OF 29.94 FEET TO THE NORTidWF TERLY UNE OF'�AIQ-PARCEL 4,ALSO BEING THE 5f7LfTt9llyFS1 Eby LItV QF> RR1MA(V:1'LACE(37:QQ P8t. {ALF'��pT1:T14tkCE A!ONG Sg1Q.NORTHFAS EE1 LY UhtE-OF SA1�3 PARCEL 4,S.48' V6 d;L...A D1S'tAfi E Of 7A FED;THE1s10E S_41'53'10"1(V„ADISTANCE OF 4_71 T T1 IENCE N:48-11`04"W- FEE A IIIS'(AtVGE OF 4.59 fiEET;TF(ENCE 5 88�?15'US"1A(:.A Q15TANCE.pF Za.75 FEET TO:TIiE:T'OINT OFCU(2VE?OP A NC1N TANGFf�IT CURVE TO THE RIGHT`, OF WHI76 I'I THE f2AOtUS POINT LIES N 43"Sq'5y W.;A F7�401AL[31 A� aF 7G4.Q0 FEET;THENCE SOUTHINES7E -' ALflNt'L''— THl20tJGH A CENTRAL A I�IGL E OF Q4`49' f DITAM1(EE OF-G�.34 FEET-TO A P01NT OF CQMPO(JfJD° CIJRVE.1 D TLiE RIGiiT HAVING A RAI31U$.OF 45 ,9 FEET AN0 A CENT- RAL ANGLE:OF 02 751'30";T1 iENCE SO(Jl t(l7lf1=$TE(2Llr AtONO THE.ARC,A OIST/atdGE OP 22.70 F>=Ef;THENCE(VAC°12'57"E.,A DISTANCE OF 8.57 FEETTO THE POINT OF BEGINNING' - ` tvOlTAtlrt(NG 652 SQUARE FEET;MORE OR.LFS : ALL AS MORE PARTICULARLY SHOWN ON .. EXHtBFT B AfiTACfiEO HERETO AND MADE APART HEREOF. QATED THIS 15TH DAY OF AUGUST;20 10. r�ISS%p � as No.. m . cz. 2 PE X506$ -- ROBERT EOJJV. _ k REG(STRATIONE)V.1 AS'N0281=3b1-*4 ROW Page 1 BEARING & DISTANCE DATA CURVE DATA No. BEARING O[STARCE No. R A L 3 N48°06'50 V! 7.38' 1 757.00' 06°10'33 H1.60' 4 041°53'10"E 4.74' z 20..00' 85°46`37" 29.94' 5 S48°1VOCE 4.51' 7 764.00' 04°49'31" 64.34' 6 N88°45'06"E 21.75' 8' 455.02' 02°51'30" 22.70` 9 SOO°12'57"w 8.57' l l; (RAP) N37`42`5 $ ti43�50`51" ` o t On o tReo7 -(trAo) d ✓�� tRA6j < PARCEL MAO- No- 1,2002 . o PAKEL 9 a . PARCEL Up W44 94�� pliX ITO / ,05-60 PARSONS "' B " - a m 3Zao EAST r, xS 1(UAQ. SUITE Zoo - ff OC f �( 0511?1ZOt0 r 011TAX10" CRLIFW!(4 °1751 APR 284,4 1'1`E RIGHT OF RIMY �a 1 s a LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT PARSONS 32M E.Gua3i Read.Suiie 230.Gn ario_CA 9176": ti_;• ^r 2 i?,-36r,.)•tea: 279.21 W 4Y,?:1(SG;IS.GOii1 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0281-361-14 THAT PORTION OF PARCEL 4.PARCEL MAP NO. 12902.IN THE CITY OF SAN BERNARDINO,.COUNTY OF SAN BE MARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 145,PAGES-68 AND 69 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRI13ED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL 4,ALSO BE1f A I'OINT'ON THE SOUTHEAST RIG14T OF WAY LINIT OF HOSPITAUTY LANE(57.00 FEET HALF-WID" WESTERLY LINE.OE SAIb:PARCEL4 SOUTH 00"12'57"WEST 857 FEET TO THE TRUE-POIN� A THENG .ALONG BEGINNING;.AND THE BEGINNING OF A CURVE"T..O THE LEFT.OF WHICH TyE RADtI15 pOtN*L1E& A.RAOIA.L QISTANCe OF 455:02 FEEL`;THENCE NORTHEAS`18kL.YA..t l ' THROtI ,I A CENTRAL ANGLE OF 02°51'30`A tJISTANCE OF-2 r:70 FEETT©A>$41t�tT OF Tm3 A-Ol. CURVE l{O THE 1141 LNG A"R biUS QF 764=0Q.F1=.ET AND A CtKI-RAL NORTHEASTER(Y ALC7NG-TH 'J1RC.A 131STA ..0 F 64.34_FEET;THEAIC tit;8"tt5'p ;4A,t l TAKIO) OF TKEts -8 21.75'FI f THENCE 5:48"1 1'04"E.,P,DFSTANCE OF 4.5-1 FEET;THEN(tt N_41'53'14°E.,A Q( 'f TAW . F FEET,THE(�lCE 5:48°06'SU"E,A DISTANCE OF 4.99`FEET,THENCE 3.�kfi°46'S6"V11.�p,plgHCE" F 9_T4 FEET; THENCE N:48°11'04"ilV:,iA'OtST�ANCE OF 7!54 FEET;THENCE S Bg°45'0(;"Vti(,A p[SFA( (3F 105'F TO THE P.OtNT OF CURVE OF A NOU TANGEt�tT CURVE TO THE R1GFiT,OF W-Ml N.44'- 6'19`W,A.RADIAL DISTARtE*OF.7-74 00 FEET;THENCE SOUTHW(. S ����IUS-PQt[�tT LIES THRGfUGH q GEKITF2�gLA�IGI E OF 07"2:1`54"-A bISTANCE'OF 99.49 FEET;THE E N p°'1 57 E q. D1wTANOE OF 12.85 FEEL TO THE TRUE•.PO1NT OF BEGINNING. 'CONTAINING 1,082 SQUARE"FEET.IV10RE OR,LESB_ •ALL AS MORE.PARTICULARLY SHOWN ON EXHI81T B ATTACHED Hl_kE.TO A{qO MADE A PART HEREOF_ UAT0.THIS 811H OAV OF'AUGt7ST,2010 LLE No: f O T E[>i/VaRD s 5(X8. . ""S,PE 25068 RI=GISTT;AT!QJNEXPIR.'S l.2J3-1J11 -APK028f-3Ci 14Trc pagc I^ BEARING &OISTANCE DATA CURVE DATA No. i6 IN6 DISTANCE No: R d 3 N88°45'06'.E 21.:75` :1 455.02' 02°51'30" 22.70'. 4 5489TV04T 4. . 2 764.00' 09°49'31" 64.34' H41°53-'10"E 4,74' 1 774.00' 07°21'54" 99.49' 548°0&`50"f 4.99' N41°48:56"E 9.74' .S48°11'04% 7,54' lirl'.4°VW-E 10.45' 12`57"E 1 .8Q°12'59"Y( 8.57 N43°50 51 N. y`��• s'0.o'3s`t� P Ac 0 z: -Ad PARCEL MAP: N 146. /- PAW— Y N PW- -.EL, , 9 °o l Ile 0 PARSONS% G X.-H [I rr a X57 0. irco a T'EVwsYi Q&[D, 90jit z6o (/2Q1Q ol�ririe, citiFOei siiai APp. 26t-3�i-1$ IEIsSPORARY CQI�STRtlC:TIQN aS tE-NT a 1 of t- s. C58 LEGAL LESCR°T���14 1- L��,R rTLu p AT?r�T ATTACHMENT"1" The land referred to herein is situated in the State of California,County of San Bernardino,City of San.Bernardino,and described as follows: Parcel A: Those portions of Lots 12, 13 and 14 of Tract No. 12034, as shown by map,on file in Book 168 of maps, pages 75 through 87, inclusive records of San Bernardino County,described as: Beginning at the northeast corner of said Lot 14; Thence south 14° 50' 38" West along the east line of said Lot A distance of 412. 44 feet to a point on the Northerly line of Hospitality Lane as shown on said tract, also being on a non-tangent curve concave to the southeast,having a radius of 1045.00 feet through which a radial line bears north 17° 18' 48"west; Tbeace southwesterly along said curve to the left through a central angle of 18° 12' 37", an arc length of 332.13 feet, to a point on a non-tangent line through which a radial line bears north 35°31' 24"west; Thence north 00° 14' 12"east,a distance of 303.59 feet; Thence north 89°45' 48"west,a distance of 268.30 feet,to a point on-a non-tangent curve concave to the west having a radius of 150.00 feet,through which a radial line bears south 67°.03' 41"east; Thence northerly along said curve to the left, through a central angle of 57° 57' 21", an arc length of 151.73 feet; Thence north 350 01' 02"west,a distance 49.06 feet; Thence north 000 14' 12"east,a distance of 59.35 feet to the north line of Lots 12 and 13; Thence south 89°45' 48"east along the north lie of Lots 12, 13 and 14, a distance of 712.11 feet, to the point of beginning. Excepting thereftom the sidewalks,sewers, storm drains, water mains,curbs, gutters,paving, electrollers, street lights, street name signs, traffic signals and all appurtenances and appurtenant improvements and . rights (coQectively, the "improvements') within" assessment District No. 961 in the City;of San Bernardino, California,_which assessment district is shown and described in the as diagram for assessment District No. 961, recorded February 6, 1985 in Book 31, of assessment district maps, pages 64,65 and 66,records of San Bernardino County,California, as described is the deed to the City of San Bernardino recorded April 11, 1985 as Instrument No.85-85510.,of official Records. Said land is described pursuant to a certificate of compliance.Lot Line Adjustment No. 90-27 by City of San Bernardino,recorded November 9, 1990 as Instrument No.90-4508"72,of Official Records_ Parcel A-1: All easements,concerning Lots.8 through 14 of Tract No_ 12034, in the City of San Bernardino, County .of San Bernardino, State of California,as per plat recorded in Book 16 of Maps, pages 75 through 87, in the office of the county recorder of San Bernardino County, California, that are appurtenant.to the real property_ described as Parcel `,A:" above, including without Limitation a reciprocal easement for access parking and pedestrian traffic as established by document entitled, `Major Block .Declaration, Major Block No_3-Brier Place,Tri-City Corporation Centre," recorded on May 28, 1992 as Instrument No. 92- 223452,in the office of the county recorder of San Bernardino County,California- 058-281-35I-25-Auachmcat i_doc LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT ARSONS 32C'i E-Guastll Roal Su;te"L(??,tartaric,CA 917,31 .Talepi;om,,:T-2 i8-3cgG-F z 909=2I c-3605• _n.x. �sow-wm EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0281-35-1-25 THAT PORTION OF PARCEL 2.CERTIFICATE OF COMPUANCE FOR LOT LINE ADJUSTMENT NO.90-27,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER DOCUMENT,RECORDED NOVEMBER 9,1990 AS INSTRUMENT NO.90-45.0872 OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER.OF SAID PARCEL 2,BEING A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF HOSPITALITY LANE:(45.00 FEET HALF W10TH);THENGE ALONG THE WESTERLY- LINE OF SAID PARCEL2,N,00°12-'35'W.,A DISTANCE QF 9.98'FEET;THtNCE N_59'13'42"E.,A DISTANCE OF 62,30 FEET;THENCE.N.59'24'0!'E.,.A DI$TANCE OF 40.50 FEET;THENCE N29 444' 0"VIf:,�A DISTANCE(3F 5.47 FEET;THEte1t E N_59'58'4q'E,,iA DISTANCE'gF 16.11 FEET`TRENGE N_2W08'A"'W_,A QISTANCE 4 F 7.45 ,FEE-T:1 MEIVCE 1.61°03'30"E_,A DISTANCE OF 49.57 FEET;T�tENCE:S_2S 54.'24"E..A DISTAE OF 8:4 FEET.THENCE N.63"5443'E,A DISTANCE OF'14.10 FEET;THENCE 526-'0.4*39"E_,.A DISTANCE OF 5.57 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO-THE RIGHf';OF 1NRI CH 1NE RliOIU$'PO(NT UES 5 25°4S'S7"E,;A'RAQIAL DISTANCE OF 1,049.29_FEET;THENCE EAS1 ERIY ALONG THE.ARC,THROUGH A CENTRAL- ANGLE OF 0-6.5`24 A,DISTANCE QF 120.69 FEET;TKI5 CE NA 9tt-49'W,,A DISTANCE OF 1b-67 FEET;THENCE Ft87"24'14'E:,A 6'8.T' STANCE OF 30.83.FEET;THENCE S,14°22'33"W_;A DISTANCE OF 7.72 FEET TO THE POINT OF CURVE OF A NOBI.TANGENT CURVE TO Tf iE I.EFI OF WFiIGH THE RADIUS POINT LIES S.17°461527E,,.A.RADIA1_DIS1°.ANCE:OF.1;045_00 FEET;THENCE SOUTHWES::TERLYALONG:THE ARC, THROUGH A CENTRAL ANGLE OF 18°12'26%A DISTANCE OF 332.08 FEET TO TkiI5 POINT OF BEGINNING. CONTAINING 2;535.SQUARE:FEET.MORE.OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED-HERETO AND MADE A PART HEREOF_ OATED THIS-30TH DAY OF JULY,:?-o10 FAO EfE RT EDWAF2D REGISTRATION EXPIRE AP 0281 351 25 Cl Page 1 a6P'3�19Z-lSi-1pZNdY pS-J OiOLLB 0966 i00d:[ Q Aey{g1d _\ O V ui Ul co ♦ -`\_ — W Q a ♦ � '\ N l t QI Q \ ILA ♦ cc ro k- N OO 1 lilt ..� u� \ u Oka oi C5 _ `K• -:vv `eef CV ��`" ♦c z t=: b ? io oo Im C'V O? 1.� atio 22i :.. f t- fA c� bi Iri m-.fi.yi ca Q. a _ om qcr - i d I .c m .N _fa:_ W 3 33E _➢t iii ,.. U Ili 4d O H ci F S�'7- N `- s d" v" ° .o G, ♦\ Q -2 IL5' 1LV. 10 iV-.[Gt t♦L •:- to ` - N Z J7 OY 2 Zi �° - r LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"1" The land referred to herein is situated in the State of California,County of San Bernardino,and described as follows: PARCELS 1, 5 AND 9 OF PARCEL MAP 13910, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS PER MPA FILED IN BOOK 162 PAGES 76 THROUGH 79 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH PARCEL "A" OF PARCEL MAPS 14712 IN SAID CITY COUNTY, STATE, AS PER MAP FILED IN BOOK 178 PAGES 41 THROUGH 44 INCLUSIVE OF SAID PARCEL MAPS. EXCEPT THEREFROM LOT I OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. LLA 02-04 IN SAID CITY, COUNTY, STATE, AS PER DOCUMENT RECORDED NOVEMBEROI,2002 AS INSTRUMENT NO.2002-0590108 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER MORE PARTICULARLY DESCRIBED S, FOLLOWS: COMMENCING AT THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE IN AN EASTERLY LINE OF SAID PARCEL"A"SHOWN AS HAVING A BEARING AND DISTANCE OF N 000 03' 27" W 192.53 FEET; THENCE ALONG SAID EASTERLY LINE AND ITS NORTHERLY PROLONGATION, NORTH 00°03' 27" WEST, 223.49 FEET; THENCE NORTH 890 56' 33" EAST, 27.33 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 890 56' 33" WEST 277.1.1 FEET; THENCE NORTH 000 03' 27" WEST, 133.30 FEET; THENCE NORTH 89°56' 33" EAST, 277.11 FEET;THENCE-SOUTH 00°03' -27"EAST,.133.30 FEET TO THE POINT OF BEGINNING- ALSO EXCEPT THEREFROM LOT 1 OF CERTIFICATE OF COMPLIANCE FOR INE ADJUSTMENT LOT LM STMENT NO. LLA 04-09, IN SAID CITY, COUNTY, STATE, AS PER DOCU RECORDED APRIL 28, 2009 AS INSTRUMENT NO. 2008-189002 OF-SAID MENT OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF PARCELS i. AND 5 OF PARCEL MAP 13910, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP FILED IN BOOK 162 PAGES 76 THROUGH 79 I NCLUSIVE OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDS OF SAID COUNTY AND PARCEL "A"OF PARCEL MAP 14712 IN SAID CITY,COUNTY, STATE,,AS PER MAP FILED IN BOOK 178 PAGE 41 THROUGH 44 INCLUS OF SAID PARCEL MAPS,DESCRIBED AS FOLLOWS: IVE COMMENCING AT POINT ON THAT CERTAIN COURSE IN THE NORiT�ASTERLY LINE OF SAID-PARCEL "A" SHOWN AS HAVING A BEARING AND DISTANCE OF "S 50°23' 22" E S 232.90 FEET, DISTANT THEREON NORTH 500 23'- 22'' WEST, 69.49 FEET FROM THE OUTHEASTERLY TER MINUS THEREOF; THENCE SOUTH 280 08' 32"WEST, 103.63 FEET TO THE POINT OF BEGINNING; THENCE NORTH 160 51' 28"WEST 85.39 FEET;THENCE NORTH 61 051' 28"-WEST 245.78 FEET;'T IENCE SOUTH 28008' 32" WEST, 14433 FEET, THENCE SOUTH-61°51;' 28" EAST, 144.88 FEET; THENCE SOUTH 16'51' 28" EAST, 23.97 FEET; THENCE SOUTH 28°08' 32" WEST; 144-88 FEET;THENCE SOUTH 610 51' 28"- EAST, 144.33 FEET; THENCE NORTH 28'08'-32" EAST, 245.78 FEET TO THE POINT OF BEGINNIING_ ALSO EXCEPT THEREFROM THAT PORTION OF PARCEL"A"OF PARCEL MAP 14712 IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER C44-7.31-3-12-Z2-Altech,nent l MAP FILED IN BOOK "178 PA(!- 41 THROUGH 44 INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING OF A POINT IN THE CURVED NORTHWESTERLY LINE OF SAID PARCEL "A" SHOWN ON SAID MAP AS CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 657.00 FEET ,DISTANT NORTHEASTERLY THEREON THROUGH A CENTRAL ANGLE OF 2°56' 27" AN ARC LENGTH OF 33.72 FEET FROM THE MOST WESTERLY CORNER OF SAID PARCEL "A"A RADIAL LINE TO SAID POINT BEARS NORTH 74°28' 48"WEST;THENCE ALONG SAID CURVED NORTHWESTERLY LINE, THROUGH A CENTRAL ANGLE OF 18°02' 22" AN ARC LENGTH OF 206.85 FEET; THENCE SOUTH 65°23' 17" EAST, 133.78 FEET; THENCE SOUTH 240 36' 43" WEST 206,00 FEET;THENCE NORTH 65° 23'; 17" WEST 133.53 FEET TO THE POINT OF BEGINNING_ PURSUANT TO CERTIFICATE OF COMPLIANCE BY LOT ADJUSTMENT NO.-LLA 07-05 RECORDED JUNE 20,2008 AS INSTRUMENT NO-2008-0282430 OF OFFICIAL RECORDS. C44-281-372-22-Attachment l i LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT 3200 E.Guwj Road,Wte 20%Onisao,Ca 9:761 -Taepha:ie.909-2i8- of+0-Fax 90°216 3605- n..h.parso��-;x m EXHIBIT A RIGHT OF WAY AP 0281-372-22 THOSE PORTIONS OF PARCEL A.PARCEL MAP NO- 14712.IN THE CITY OF SAN BERNARDI NO,COUNTY OF SAN BERNARDINO;STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 178,PAGES 41 THROUGH 44 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,ALSO BEING LOT 2 PURSUANT TO CERTIFICATE OF COMPLIANCE BY LOT LINE ADJUSTMENT NO.LLA 07-05,RECORDED JUNE 20,200.8.AS DOCUMENT NO.2008-0282430,OFFICIAL RECORDS,IN THE OFFICE OF SAID COUNTY RECORDER,DESCRIBED AS FOLLOWS: PARCEL A BEOINNI OAT THE SOUTHWEST GOIRNER OF SAID PARCEL A,BEING A POINT ON THE NQ.RTHEASTERLY RIGHT OF WAY LINE OF H(1SWA dTY DINE,05,06 FEET HALF WIDTIi);THENCE ALONG THE WEST.I,INE QF SAID:PARCEL.A,.N.00'3•i'34"il -,,A OFST-ANf E OF 10'.$0 FEET TO THE POINT OF CURVE OP A NON TAROENT CURVE TQTFiE R(CF1T,Olr WHLCI{THE t . lLjS POINT LtESS_12°4V56"W_,A RADIAL bfsTANCE-OF 1,2 ;&50 FEET,THENCE EA fiERLY AL;ONC 71�E ARC,THROUGH:A CENTIA1L ANGLE OF 01'4352- A DISTANCE OF 37§31=EET TO A POINT OF CONi(?pUND Gt�kV TO Ti tE RIGHT liAV11VG A.RADIUS.OF 910A FEET AIyO A CENTRALANGLE OF 08°10'22 a THE•NG$EA�ST'ERLY ALONG THE ARC A DISTANCE•OF 129:81 FEET; THENCE 8_6-V'V$0"E.,A:0I81-ANiCE 0.1z 83.36 FEET;THENCE-S 88'56'10"E.,A DISTANCE AF 82.13 FEET; FHENGE tq.55°13`35"E;,Pi DISTi4t�ICE OF X6.40 FEET;TI IENCE IV;89°23'19"E.,A thiSl iANCE(7F 1.68 FETY li{E(VCE s_qQ°3'f'03°E„A DIFTANCEE30A7 FEET;_INEI�ICE N 68°56'1fl"W_,.A DiSTANCI={�P 179 b2 FEET TO A,POIt�7 O(=irUR,tlE TO THE LEFT HAiIIt�GA EAD(US OF 1 245.00 FEET AND A CENTRAL ANGLE OF 0t3"00'1`;THENCE V+�ES7ERLYALONG THE ARCA qIS fANGE OF 1T7:10:FEET l O TFiE l?Of.NT OF BC-CtfVNtNGF- CONTAINNE;3;080 SQUARE FEET,yIORE OR LASS, PAFt— CEL,B, Bl=C(Nn11NG'AT Tti)=LV F Tf tEAST W _RNER OY-PARCELS Oft- SAID PARCEL MAP K0,14712,ALSO.BEING.A POIf�17 ON THE WESTERL?Y'FEEOW.OFWA� NE QF HOSPIfAUT Y LA'. .(45;a0.Fl ir7 F1Ai FUfll(3ff�);THEt+10E, ALCS(+iG THE SOUTt-f tfNE-OF SAID PARCEL A, N.fiS°29 Y-W.;A DISTANCE OF S 01 FEET TO THE POINT_ OF CUR1/E;OF A NON TANGENT CURVE Ted THE LEFT,OF WHICH THE RA 4. -POINT`LIES'*_'63t38'44"W.,A RADIAL DISTANCE qr 6 7;Q(7 F1=Ef;TLiENCE-NORT(iEASTEt LY ALONG,TFIE:ARC,THI t7UG13/kOENTf2AL fliVit=0F0I°5I3=23':i401S �fatCA20: 7 FEET;_fiiENCE N,24"30'53"E_,.A DISTANCE OF-1-26 TFiENGE=N 65"Z9'OS"IfV.,A E)lSr1 tANGE 00 6,50 k&.TFiNCE t�124 3Q'S3"E:.A DISTANCE OF 12._'(3 FEET; T1iEIQCE.S "oJ`50'E.,ADI iA- G'.E OF-0.56 FEt_T;11-{FNGE:N.33°26'35 E,A DISTANCE OF 1 72.FEET; THENCE N,24'44'07-E.,A DISTANCE OF 3.3:50 FEET;THE?gCE N_1T°2Q'02'W,,A D1STANGE OF i e3y1'FEET; THENCE 1.4 224°30 53"E.,A DISTANCE OF 1Z FEEj;_:THEiVCE 5.65"29 07"E.,A O(STANGff OF 0.50 FEET; T(l t�tCE'N:24°30'S3±E.,A t�l-ST I fi� pt=tS7" 6 FEET TO A POINT_ OF CURVE TO THE RIGHT t 1I V-(NG A Ft/kOfU iOF I;053A1)FEES Ai�1C�,4GENFi2ALAIVG[EOft 11 33'01 THENCE NC3RTFiEASTERLYALQNG TiiE AREA 13118! VCE:OF-2-12J S FEET,THENCE N_OZ 39'S1"W A.OI TAIVCE OF 12.24 kkT THENCE- N_5a"8 i'27'W_,A DISTANCE OF 15A8 FEE(;,THEtyCE N 39°Q8�3"E:,A DISTANCE OF 5.45.FE.ET; i HENCE S.50751�TE.,Pi WTANCE-OF 1273,Me. TO A POINT Of-GURVE'-r TF1E RIGHT t ti4V{NG A RADIUS OF 20-60 FE TMD A CEis(TRAE-AIVGiJ=tJF 86°36'31";THENCE SOUTHERLY ALONG,THE ARC A DISTANCE OF 30.�3-FEE'I A P [NT OF REUSE?RYE TO TFiE1�FI HMAI�G A RADIUS0- 9,t)4�_0.0 FEETAND A- C£NTRiA A-"GL€-OF 1fi°i4`1i°=TFiENGE SOUTtiWESTEF2LY•ALONG THE ARC,A DISTANCE OF 204.94 FEET; THENCE S.24°30'63"W.,A DISTANCE OF 324.21 FEET TO A APFi 0281-372=22.ROW Pa¢e 1 POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 655.00 FEET AND A.CENTRAL ANGLE OF 01°4702'; THENCE SOUTHWESTERLY ALONG THE ARC A DISTANCE OF 20.77 FEET TO THE POINT OF BEGINNING. CONTAINING 4,647 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 30TH DAY OF JULY,2010 ROBERT EDWARD STEAFF S E 25068 o N M. mx, REGISTRATION EXPIRES 31111 25068 <PJ� CIVIL. ��Q APN 0281-372-22 itOw - .°' . Paoe 2 U6P'4-y0y-ZZ-ZLf-IBZNdY bt-� OlOULg 095tt 00d;QQ Pei-Wid Z 133HS 33S o 1 O M I I U H it O 41 ; ,917 (D O 1 N 1 o to a i 0 ol 8 cu -<cm OL 1 S" C6 N g I At. H. +�..N `o OC> l:cl Vic-' cu do d n N Q ' 1 " I .cr W 1 e b- _ 7n ul z a: c W ll!` - w U' Q: 47 VJ. -7r7 � � 1 crj z; a`- _ dO rn Iti - - 1 v In j O ° 1 o CU Q 1 1 mQ { o , �o•z-eaa-zz-z�c-razaav-rr-� OIOZ/z/8 096VY00d:l.Q Oa1Wld It O_ O M v N l M � V N ci O t O a £ 133HS 33S 1 1 I � a m l° l°n ti '", , c - �R c- 0 0 c�'i o M I La N If} r N O. M N' ,� N v CV Q N U O M W z °oao m r¢- cv 3 _ W 1`00 O J '-" C?. N .M C0� N. Iv O• w O. lt? O 10 Q J N N Co. °in N1-2t.f�V• ' tvTo-a Z N .:fZ0. ZN.: N Q.. o!rt-o g:e lt'(0'l. o 4+ o N v.'. wm.��. 64 4.W' ob a' Z2 Z Z CY•9" N 0 uj N Q ICSO I CIL H � � J ' 1 l w l �„eo� i ✓ � �_o a mg' , i m — ol Q;o A\ d 3 .1 tV. N ♦— lV N O � W o: Of ICY y o o d to Cd J t �' +t —�If l MUS 333 t - OIOZ/LB 09'6►�ODd c6Q Oaq.3o•Id o w O z o �. a N 3 - 4d W o O Z N hl N W �f .Ct: M - oq, ;,-. -, -C On' 2 2 .2 In O (5' ce 1"; O 1LJ / �. cD O`• Q N ca 2 N / - - cm ?- � _ C%i 3 m.' '00 x N:' o - C n,Z O.tO ACC. OOEy �1 o.N.tr ib in �X9 t aa'. 13: -COW k O1 01 tD�C tD,C 1 f Z 133..S 33S 1 1 1 is .. LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT PARSONS 3200 E.G-1-azt KAa9•Suite 200,Oniarib.CA 0iT: •Te1�piK� �-21E 35??3•Fa::509-2 j 8.3695• v!�nv"p-rsc.�s.w r EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0281-372-22 THOSE PORTIONS.OF PARCEL A.PARCEL MAP NO. 14712, IN THE CITY OF SAN BERNARDINO.COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 178,PAGES 41 THROUGH 44 OF PARCEL MAPS;IN THE OFFICE OFTRE COUNTY RECORDER OF SAID COUNTY,ALSO BEING LOT 2 PURSUANT TO CERTIFICATE OF COMPUANCE BY LOT LINE ADJUSTMENT NO.LLA 07=05,RECORDED JUNE 20,2608 AS DOCUMENT NO.2008-0282430,OFFICIAL RECORDS,IN THE OFFICE OF SAID COUNTY RECORDER,DESCRIBED AS FOLLOWS. PARCEL A=1 COMMEW14G AT TH E'S OUTHWEST CRRNER-0F SAt0 PARCEL A.(3 EING.A POINT ON THE NORI'HEASTEF3LY F'I;IGHT'OP.-WAYLINE OF I IQgplTALITY LANE(.45.0..0 FEET HALF'vADTH);.THENCE ALONG 111 iNLEV LINEf pf l{)PAhz I.NORTF10t "31'33 LWEST 10;80 FEEL TO'THE T�tUE POft�T(]F:BE�INIS(1NG; THENCE-N:00'11*33'W.;A DISIFANcti OF 10:27 FEET TO THE POINT OF CURVY OF A NO(�I LptNGEf I C{{R�E TO THE RIGHT.OF1/.I ICHI`HE RADIUS.POINT LIES S.12°41'31.`W..,A RADIAL DIS 1 RIVCE.QF [,265'.6p FEET; TNEh10E-EA ERLY ALONG THE THROUGH A.CENTRAL AN- LE OF 01%0'18-.A,[31S1'AlY10E QF liD.60. FEET TO A POINT OF Ct3t�IPoU D GUkV. E TO THE RIGHT FtAV-(NG A-RADIVS OF 92U.05 FEET ANE)A cEN +� ANGI (F 0$°q0'? "f THENCE•EASfiERLY ALONG THe AF'C;A OISTANCE'OF 131.24 FEET; T1 tEuCE=S,67417'SU"i~.,.A f)1ST ANG ..OF 8322 FEE C;THENCE S.fi8"86'1 'E.,.A Dt TAt�fCE OPfi9,4$.FEET TLS THE POIF�kT OF CURyE:OF A.l•10iV TANGENT GURVE.TO THE RIGHT,,OF'WHICH THE I�XD""F"?i( TNT LIBS :.5-43°497 "E- A.1 D1A1 OISTA�IC (3F 5Q.g0:FEET;THEtV.GE NORTHEASTERC,'1 ALONG THE 71 4F2D.UG,H A EEI�{TR�{L IGi'_E pF g5 l32pt";A:L?1STANCE.OF 34:9.4 FEET THERGE 5.00'3T"'33"E.,A DISTANCE OF.-12:57 FEE'C; fElE1x1C .$j$9`23�.I�J"ilSf., l TJl 7ANCE-�iF 1 68 FEET;.T(iEK10E.S:I °hW357W AIGIS 1�OF-'L6.40 FEET THEttitt l 6!10''W°_,#> DISIANGE:<3F$2?3.FEEl;-Tf 1E=t�lCE N:67`97'SU"Vt .A IJIST'i4NChO OF8336 FEET T0=/Q POIPIT OF CUR1/�7 O'[HE LEFT FiA1/1t41G.A RADI(iS OF 9 t(.Oa:°°FEET Afi1D l CEh1T RgL At�lGLE•OF 118° 0:2 " l"f 1 t ;j►/ TEfZLj'.ALC�3fVG THE ARC;i4 DIS7-ANNE OF 129.01' TO A PC'j(nIT L)F`C(SMF�OUNIy C RV!E;T© OIL1S-flF j,255;5U FEET AtV0 A CF -L{.(HOLE•OF 0.1"43'5,2"-;THENCE r. 1NESTEFZLY i4LO1tfG THE ARC,A D"IS�"AtNCE-i�F 373 FEET TO TFiE TRi7E:PjpIM1 SEGtMVII�FG. CO.NTiAINtNG 3;767 S'QU'ARE FEET;MORE OR LESS_ PARCEL 64 C©M nERcIN T 1tiE NORTHEAST OOF3NER'OF PARCEL B OF SAID PARCEL MAID'NO.1.4712,ALSO BEING A"wor ON.IzAE 1@'ES'fEFtLY i-1- (j OF 111(AY LINE OF HOSPITALITY-LANE{45.00 FEET UA[PVKidtHj- THPRNGE AL-NG THE SOUTEi L1f�E I]�"Si41D PAF2C�L A.M1IORTH 65"29V1s WEST 8,01.���TO 114EiRUE POINT'GF BEG(itstf�ltl G:THi�NG 1. 5°2�3G{T"Y1/ OIS7AtVCE OF i4.bl FEET T(1E:POINY©P-001 E-OF A - NOIVTANG)= tTL IaRVi_fi0 THE LEFT,OFWHICH:THE RADIUS POINT LIE'S':N 3 37'OQ"UIl_;A FZAQf%�L DFSTkPICED 637.00`FEEL;THEAiC:E-f�LOFZTfj TERLYALON(37148ARC• IAFROUM A G:EC�ITR%1�ANOL.E OF 01°52V7"•A-131K ANOE:OF 2©.Z7 FEET,T'tiENCE N_24°30'53"6,A DISTANCE OF 324.2 FEET YO A E�OINT OF CLffZVE Ti0 THE MG fdT M,4ViNG- FtAD1U >QF 1,063.00 FEET AND A GE(KTRAL"ANGLE©F 4(1" 807 THEN NDERLYALQIV'G THE"ARG'A LISTANCE OF 197.13 FEET TO THE F?OIkT QFCt�RVE OF ANON TANGENT CURVE TO T19E RIGHT;QF WHICH THE kAOIUS'001 T LIES N, T°36'37"E:,A R 4C1(At DISTAtsICE OF 3:5 00 FEET;THENCE NORTHERLY ALONG THE ARC;THROUGH A G�NTf�AI ANGLE pI TAIs� E OF 5i,47 FEET;THENCE 8.50°51'27"E;,A DISTANCE OF.13.87 FEET;THEt fCE D15TAt�C OF 5,15:FjEET;THEN S.Sfl°5.1`27''E.;A.iJISTANCE OF i5_45 FEET;T¢iFNCE S_07"39'5 t"E,/� DISTANCE OF 12-24 FEET i'p-rHE.POINT'—CU.RVE OI=A NON TANGE�'CUtZ.V' ."TO TF(E LEF T,QF WHICH APk 0 Z6l 37' 22 TCB ��s . Page 1 THE RADIUS POINT LIES S.53°56'06"E.,A RADIAL DISTANCE OF 1.053,00 FEET.-THENCE SOUTHWESTERLY ALONG THE ARC.THROUG}{A CENTRAL ANGLE OF 11"33'01",A DISTANCE OF 212,28 FEET-THENCE 5.24°30'W"W.,A DISTANCE OF 137.16.FEET;THENCE N-65°29'07'y1(.,A DISTANCE OF 0.50 FEET;THENCE S.24"30`63'W.,-A DISTANCE OF 12.42 FEE";THENCE S.17°20'02"E.,A DISTANCE OF 1.34 FEET;THENCE S.24'44'071W.,A DISTANCE OF 33.50 FEET;THENCE S.33°26'35"W.,A DISTANCE OF i.72 FEET N-58°09'56"W,,A bISTANCE OF 0.50 FEET;THENCE S.24°3053W.,A DISTANCE OF 12.72 FEET;THENCE THENCE S.65"28'08"E.,A DISTANCE OF 0.50 FEET;THENCE S.24°30'53W.,A DISTANCE OF 126.36 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 647.00 FEET AND A CENT RAL ANGLE OF 01'50'23"; THENCE SOUTHWESTERLY ALONG THE ARC A DISTANCE OF 20.77 FEET TO THE TRUE POINT OF BEGt----NNtNG- CONTAINING 6,377 SQUARE FEET,MORE OR LESS ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 30TH DAY OF JULY,20-TO —' ROF.ESS�p dl3r-ml EOIIWARD:S .. . 25068 REGISTRptMON EXPIRES �. CIVIL . AFN OZBI-37Z-2Z TCE Page"L Ol07rL8 0966bO0 w d':1(q 41°ld Z 133HS 33S o 1 / t o •- 1 y s -j r-- 1 �! 11 ar to 1 07 N 1 �wr CL t 1 � a 1 I ' v F .tom t3 ![? p If �. 1 z ,� I 1 1 r- :P. Icy t 1 ui - F/.l. -lz: :ail -lil 1 Q� C7.it- � � i ca m - 40? - ( t ... AYi =U d t Q: t . t d C �P'Z-371-ZZ-ZLf-WZNdV-t4-7 � � � - OLOZ/Z/8 096Y Y004:6Q Paj{.Otd 0 Q N M O v- - U � � N yyt O C Q - � a £ 133HS 33S I I f LU 1 ZE w— Q _. w � N C) �jr,. .O (D �' II• ul d Q O v 1� ui t0. p In d t N M O N M O N O �o as N 2 v M W l t .-- N 1-• o m o.- in" - cri O IA N O to 'C' y0 M W M;. a0 M ti Ol" O O. a1 d d; Q-. J N O m 'C' ". M M cV M a '� d �� O p,. �. CV ((�. N I. N: u` lV O\ J �. LL') v tp •av ir-P ° 00,a N o 0 lV 2 V7 W t - lD An t iR Ill mt f LU z W: a Cj a W In tM6 1 t w Im F i 1. N A II_. a G IM to to cc n IM! ltd- -L 133HS 33S , u6D't-371-ZZ-21.F-tHlNda-�6-] OlOZ28 096Y Y004:/.q p 4.4014 o Q V c� K7 t0 Q J Qf N ` Q QZ v N w U (j _ N W 41-t at- C7 r M 1 o o .M N NI N j O u-, R I I oTS M ^ CO Q ICf O 1n ¢ Z mc� � 01- " o ce N 2 Z 2 O N M / i W - d K 'n d W c0 M In I / co Z N o o f a, ul N a ! v ! N z / N c. / Co v ! m w V) ('f j a IA _ p COY. ! O / O MQ!p f F ar N n NZ ja vi -I 2a �.;4Q: qn I `.1 Lif Ac ME ♦ � �w z v 0 -ate- t 'f 1 1 _ 6 p 1 ( J 0 0 I cr , Z , �ti. t33fiS 33S C C46- f LEGAL DESCRIPTION FOR LARGER PARCEL f ATTACHMENT-111 The land referred to herein is situated in the State of California,County of San Bernardino,City of San Bernardino,and described as follows: PARCEL B OF PARCEL MAP NO. 14712,IN THE CITY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 178 OF PARCEL MAPS SAID COUNTY-. ,PAGES 41-44 RECORDS OF EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL B DESCRIBED AS FOLLOWS: BEGINMNG AT THE SOUTHWEST CORNER OF PARCEL 14; THENCE ALONG THE SOUTH LINE OF SAID PARCEL NORTH 890 56'34"EAST,35.29 FEET; THENCE SOUTH 00°03'26"EAST PARALLEL WITH THE EAST LINE OF PARCEL 15 PER SAID . PARCEL MAP,48-00 FEET TO THE NORTH LINE OF PARCEL 16 OF SAID PARCEL MAP- THENCE ALONG THE NORTH LINE OF SAID PARCEL 16 SOUTH 89°56'34?'WEST,41.79 FEET TO THE MOST NORTHWEST CORNER OF SAID PARCEL- 1 ENCE ALONG THE EAST LINE OF SAID PARCEL 15 NORTH 449 56'36-EAST,9.19 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID EAST LINE NORTH 00°03'26"WEST,41.50 FEET TO.TTY POINT OF BEGINNING, ALSO EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL B,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 16; THENCE ALONG THE EAST LINE OF SAID PARCEL NORTH 00°03'2T'WEST, 12289 FEET; THENCE NORTH 89°56'34"EAST,80.97 FEET; THENCE SOUTH 00°03'2T'EAST PARALLEL r h r WITI THE EAST LINE OF SAID PAR am TO THE NORTHERLY RIGHT OF WAY OF HOSPITALITY LANE 45 FOOT HAIR-C " PER S FEET AID PARCEL MAP SAID POINT ALSO BEING THE BEGINNING OF ANON-TANGENT CUR TO THE NORTI-L HAVING A RADIUS OF 655.00 FEET,AND F AZOUGH WHICH A,RADIAL LINE BEARS SOUTH 160 05'52"EAST; THENCE WESTERLY ALONG SAID CURVE,TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 7° 15'26';AN ARC DISTANCE OF 8296 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF PARCEL 16 PER SAID PARCEL MAP,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 16, THENCE ALONG THE WEST LINE OF SAID TRUE POINT OF BEGWMNG; PARCEL NORTH 09°50'22"WEST, 13249 FEET TO THE C46-281-372-19--Atlacbmcnt l THENCE CONRNUING ALONG SAID WESTERLY LIEN NORTH 090 50'22"WFST,43.42 FEET TO AN ANGLE POINT THEREIN; THENCE COMWMG ALONG SAID WEST LIME NORTH 440 56'34"EAST,5 L69; THENCE NORTH 89°56'34"EAST PARALLEL WITH THE NORTH LINE OF SAID PARCEL 16, 58.30 FEET; THENCE NORTH 000 03'26"WEST PARALLEL WITH THE EAST LINE OF PARCEL 15 PER S°:I D PARCEL MAP, 16.51 FEET TO THE NORTH LINE OF SAID PARCEL 16; THENCE ALONG THE NORTH LINE OF SAID PARCEL NORTH 890 56'34"EAST,35-71 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE ALONG THE EAST LINE OF SAID PARCEL SOUTH 00°03'2T'EAST,95-84 FEET; THENCE SOUTH 89,56'34"WEST PARALLEL wrrH THE NORTH LINE OF SAM PARCEL, 123.18 FEET TO THE TRUE POINT OF BEGINNING. C46-291-3 72-19-Attachment I LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT PARSON 3200 E.Guast Road.Suite 200. CA 9176' elephose:909-27 -35C.t-Fx I8-36GS. w:v.pasaus.cam EXHIBIT A RIGHT OF WAY : AP 0281-372-19 THOSE PORTIONS OF PARCEL B.PARCEL MAP NO.14712,IN THE C(TY O.F SAN BERNARDINO,COUNTY OF SAN BERNARDINO.STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 178.,PAGES 41 THROUGH 44 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF Sf1(D COUNTY, dESGR113ED AS FOLLOWS: PARCEL'I BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL B;BEING A POINT ON THE.NORT}IEASTERLy RIGHT AF 11t1A)(LWE OF HOSPITAUTY LANE(46-0 FEET HALF V111DTH);THENCE i(1L0{ Gi THE`1tVEST LAVE OF SAID PARCEL B,N.00`31'3 '*_,A ilikANCE OF 30.07 FEEit•.THENCE N.89°23"19"E.,A DISTANCE OF 6.52 FEET;THENCE S-59°17-26'E.,A DISTANCE OF-66:28 FEET;THENCE N.89°28'40'E.,A DISXANCE.OF 16,74 FEET;THENCE S.00°3120`E.,A DISTANCE OF$.93 FEAT;THENCE S.36°14'52'E., '-DISTAI�lC : TO THE POINT'OF CURVE OF/�NCfIV TANGENT CURVE TO THE LEFT,OF W HICt f HE - OF 1: 85 FEAT N-17'51'37"E.,A RADIAL DISTTANCE OF i 64Z-00 F RADIUS PO2+ 15.F3 CENTRAL At�1GL1="OF 12'16'49"R A OfSTA1VG1=OF 2�1 F ET THEN E S,9A40'5 E:A D STAN E OF 11 56 - FEET TO THE POINT OF CURVE OF A NON TANGEt:IT CURVE T O THE LEFT,OF W H(C{17}jE j gp7U1-POiF�6 LIES NA4°,58'12"E.,.A RADIAL ptSTANCE DF 1,05q,00 fE-ET;THENCE EASTERLY`AtON1G:THE_ARG;TI{RY�UCH F CE-T- ,TT ANGLE OF 00°45'15.',A Ot- TANGE OF 1-3.82---FEET-THENCE S'.00.°31'33''E:..A DIsT�CNCE OF 5.42 FEE[ TO THE"!'OItVI OF GURVE,QV:A NO14 tANIGENT GURVE TO.THE RIGHT,-OF WHICji THEFtA131U$POINT LIES N.94°11'35'E.;A.-RADIAt_-[11ST�4NCE OF 1;055.00 FEeT;THENCE WESTERLYALUNG-THE ARG, THROUGH- C.ENTRALANGLE OF 16'52'1:5';A[)!STANCE OF 310.6b FEET;THEI�IGE N. 1'0"UV.,A DISTANCE OF 32:34 FEET TO THE POINT OF BEGINNING: .CONTAINING 4,134 ao-UARt.FEET.MODE OR LESS. PARCEL 2 . .�l=GTt.(NICV(�AT'IHE SOUTI-li=A��;�RNER OF•NQVEMBEF2 MF�t& 2i7,2 (10 PACE iST( ENT 03-09 RECORDED bFFICti4L REGORDS�.1N =E.OF�CE.Q �p►!D COUNTY RECORDER—At$Q B..EINs ON TWEfiIORTHWESTERLI'R1GHf t�FViiAl( E.OPI IOSI?ITAL(lY . DRIVE(45;00 FEET HALF WlOT1{):THENCE-ALONG THE EAST UNE-OF SAID PARCEL 2,NOI�Tl "00'"340" WEST 1 A P FEET;T(1EN N 7 .Ey A Ul 7ANCE OF 73.66 FEET TO A.POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 39t 52 SET P1(�I© TT AL ANGLE-OF 16°33'08";T'I-IE.NICE t�1QRTHEAS�q tY RADIO THE ARC A EETANGf OF 114.84 F6ET TO A F'D NT OF CaMPOUNp CURVE T4 THE LEFT H�q KG A RADIUS OF 65200 FEET AN O fl CENTRgL,�1VGLE OF 09"36'47 THEFICE IVORTF#EAvTERLY.-Lt3NG THE AI3;C;A 4tSTAfVCE OF 109,39FE,ET THENCE(d_60°3T23"W_,A DISTANCE OF 22":16 FEEF TF 1EFVCE N,41°s3`t0"E.,A t)tS?AiVCE OF 11.33 FEET.tHENCE N.38°05'25-E.,A DISTANCE OF 68.87 FEET;TF IENCE. 8,53"33'-37°x; A DjSTA(VG` OP I0:0 F � ryEC N.81°26' 3"E„A DISTANCE OF 8.214 Ofi CI1RVE OF A I�IO�!l Afd E(VT ('(jRVE 1 Q Ili LEF1;OF WHICF�(T'" Fti4Q1US PfJIN1 LIB gQ POINT RADIAL IISTANC€OF 647.0b FEET;THENCE NORTFfEASTERLY ALONG THE Aft , ROUGH A CENTRAL AIV(�LE OF 1 .°19'38",A DISTANCE OF 127-9T FEET;THENCE S.65029'07'E:;A OIS I ANCE OF I&IJ1 I=EET TO THE PQIM OF GURVE OF A NON TANGEhIT APN 0281=372-19 ROW Pape I CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES N.63°40'05'W_,A RADIAL DISTANCE OF 655.00 FEET;THENCE SOUTHWESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 47°07'12",A DISTANCE OF 538.67 FEET TO THE POINT OF BEGINNING. CONTAINING 4,917 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 2ND DAY OF AUGUST,2010 QpOFESS p . RO Ef2T EDWARD m m ENS,PE 25068 2 REGISTRATION EX IRES 12/31/11 QVIL ApN UNUI-372- 9 ROW Page 2 U6P't-Npy�t-Zt£-tBZNdY-9�-� - OtOZ/LB 9661, 00 Peilutd SfE S�E� 2 o Cl M V- \ V M t{ p 0 4 ' t }t t M , 3 tO t v 4 t tOq� t o Q 1 �Im cc \ r � t 95' 45' t tDr no: - CL LU . J Sj. to t------ cm , _-- M ^ � C4 t .4 ^ �[1' AT Yom _ - - N 1 v G cli - - � •1n..°-'�' �� fist. i O .12t •,C3� - . z - cs a 'tv r'.:. co I C9 t _W _�. lal 131 4t E3 W 6 �-.W O a{p- "z0 .tJ W. _�. a?' �! l i I t C A RidEGIE DR — i ADZ-AOX-6l-21S-lYZydY'"9Y-0 OIOL/Z!8 096YYOOd c6C Pat4ol6 0 T o 11 CU h - — Z \ j c-:o U. Vf CL < (V � d 4 cr A. CARWAM OR.) cr- a , ya: . o i^ r.le. �\ °(4 u. _ 'CO. a 4� 9C3 O. P IVI A5 + a o c!a ti ci� v, 09 d-99 c os,' u� a o av M to ap H� � a d i`� o io ci 04 o Qj- N. a:: to t d i O v + Q d � Q: Or-v C* _ C 7- ,il b' e Z m o tEz£960=£OOZ'4N Q z fi0-�0 V-Fl SEE Z �� u60•E-k,08�!-ZL£-tp2Ndy-9f-� - Otozfzfe 0961, 00d:ICQ paµold 0 O M Q t� 2 rn ao O N N Z O C, O tLf N - O G Z ;,H dtf (x Z CD O O M ° °= v U \\ °O � M m Z, lD (O M1 a0 Qj tD \p J \ 1 t c r h N C? LL. a ` 40 �u 9M ,;fir" Q! '� - 'Q.• t: CIS 2 d • Q C LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT PARSOIVS ";200 E.G:aso Road.S to 200,OnEa710_Ca 91 701 .TEf�_pna ie_90&-c 1 83Eu0 •Fax 910.,218--4605 parsons.corn EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0281-372-19 THOSE PORTIONS OF PARCELS.PARCEL MAP NO. 14712., IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDiNO,STATE OF-CALIFORNIA AS PER MAP RECORDED IN BOOK 178,PAGES 41 THROUGH 44 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS. PARCEL 1A BEGINNING AT THE SOUTHWEST CORNER OF SAID-PARCEL 8,BEING A POINT ON THE NORTH. RLY RIGHT OF Y/Yq'Y UAIE OF HOSI'ITAtfTY LAfliE;.THENCE lALC1f�iG TiiE 1NES `UNE OF SAID:PAf RTH.B, Ii1fll°31'33"GM1I,A D15TAlVGE,OF 30:07 FEET TO THE TRUE POINT OF B€CIh11VtPIG; HE10E°N:QO"31'3 "1�1j„A OISTXl1yCE OF 12 5 FEET TO THE POINT OFCURVE.OP A.RON TAN���R�TO�E:WGj-!T,OF .,A THE t2/kDIUS POI(�IT LIES S t73"47'2 "E.;.A.RADIAL OISTANCE'D.F:80?(JO FEET.-THENCE EAST lE_RLY AtOfVG THE ARC,THROUGH A ENTRAL.E NZ9 OF tj1"13'x2~,-A D1sTANC-E fJF 1..o6 FEET;.THENCE 5:59°17'26"E.,A QISZ�lNCE OF 80..9.E�.FE1=T TN(E(�10E N 89":28'40"E_,A DID EiQNCE OF 9:71 FEJf;11E1VB tal.QQ°3�"'2i1"W.A DISTA{ CE L3F 1424 FI= T TOT11E PQ((al7 OF CURIE QFA_NON TANGEt�tT.LtiftVE TO.THE:( {Glf ;= E WHICH THE f3At7(>3S POINT UES.S 22P46'34'UN:,A RgDIAL DISTANCE GF 60.00 FEET l FfE NCE SOU i HEe4STEf�L ALONG Ti�E ARE,THROUGH A;CENTRAL ANGLE'.OF'49"1209";A DIST AN CE qF 51.52 FEET TO Ti iE POlfSt f OF CURVE OF A NON TAIVGE1�1i OUR TO THE LEFT,OF WHICH THE f2AQlUS POINT UES Qt_i.f°33.69"E_;A R�401At DISTANCE OF 1,037.01♦-FEET;THENCE:E�4S..E j z.LONG"(HE ARC; i(fF2(}ij.GFI A GENTf2AL ANGLE OF 10`2$! -";.A[jLS`T C _'OF 189.68 FEET;THENCE 5.8 °55'07"E..,A L7163AfyC OF 9.9E3=.F ;.THEt1EE 8--8 DISTANCE OF 16 1 FEET;7HEtVCE :48n3;9'36"E,..A D1S�ANE�- . N.89'4? E;;A•DjigT%iiV �OF 3 Fi=Ef 7}iEIVCE S 00 ' 1'33"l � A OISTANCE.OF11: E�f T(J Tf{E•POIh11 THcE OF=GUf� OF I.t�UQN TANGENTCUVE TO THE RIGHT,d�j VNFItCtI TIE'RADIUS PMi tfES'p1:U4"12'56"E,A RADIAL D1ST7ttJC .OF 1;05a:gp FEET THENCE W EST>=y ALC(1G I kfiE AE -.'ft�ROUC 3-y4: ENTRAi :ANGLE OF iQ`45'�5 �.f�X71 7 f TIGE_ E 13 F3 FEET:THENCE N,69"4Q'S8'1AL,A iSIST�1'1]C1'OF 1`1:56 FEI✓N-R THE 1?fJt(Vl`OF f1l71 > A lVr3t T;",lVGENT.G3URVE TO THE Rt-GtiT;OF 1A!Hi( !T1iE fTia�161S PZIINT LIES;- N:05°34'4t3"E. A RAOIL DIS'f'ANOE OF 1,047;00 FEET;TFiE=NCE NVES7 ERLY AiQNGr THE AID THRCjUCiH A LE OF 12.°1649".A 0151 ANC.> ©F 22.4:41 F(=ET;.T}iIICE N: G°i' QISTf1f�iGE OF 13.8'5 FEEC;Tt9Ei�CCI IV.410e3'l'Z-0'W�.,A DtPTANCE OF 8.93_FEErt;THENCE 5.89"28"4b"Vflr..fA:t3)3T ;I+I E`OF 16:74 FAT:T G AI.Sg i7Z6"kt(;A D15TA1�l OF fi-28 FEET;TFIENCE S.f39°23`19'W,;ft O'I$TAiVCE OF.6 52 FEET T.O TI{E TitUE POINT C�BEGtM�'aw CONTAWING3,921 SQUARE-FEET MORE OR LESS- BEGINNING AT'ThfE SOUTH EAaT CORNER OF PARCE_,L 2,LOT UNE ADJUS—ft%ENT 03�Q9;RECORDED ROVE-Mg,ER•'t7.2003AS•D,OCUIG[ENT1�19.2003-08.63281 ©FFICIAt :" COUP17 REGORI]EI�,ALSO BEING ON THE NORTHWESTER RIGHT O Vi(�[S't{I�- Ql.H�P1TAL(Ty - -- i7RIVE(-45A0 FEEL HALF WlDTH)F7j-fENCE,-ALONGTHE EAST LINE.OF'SAID PAFrCEL2NOF27H 00"34'00" WEST 14.:10 FEETiO THE TR(1lv.P-OTP1T OF BEGtP11�lING THENCE N.00°34' THENQE NJ3"00'04':E_,A D1STA�fGE OF 64.06 FE=-ET TO A POIIctT OF GU* 0 G*p TH��EFT�A NG FE U OF 388," FEET qNp A CENT RAGA._LE OF 14°55'17•";THEtdGE NORTffEiASTE.NORTHEASTERLY D(STAIVC .OF 1Q1.20 TQ,A POINT O•F COMPOW�Q CURVE TO THE LEFT H;q A RAD_iU OF 642.00 FEtT AND A CENTR 4L ANGLE OF 11°27'26'--THENCE NORTH GA ALONG 11 iE ARCS A 015TOF 64-CIF '!.28.39 SET;TlAf4fdE - ?lPl�a281-X72-1§TCE - _ Page:t N•00*3228°W.,A DISTANCE OF 13.70 FEET;THENCE N.38°11'53"E_,A DISTANCE OF 87.75 FEET.THE NCE N.83°1 1'53"E.,A DISTANCE OF 14.61 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIES N-53°07'28"W.,A RADIAL DISTANCE OF 637.00 FEET;THENCE NORTHEASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 10°29'32",A DISTANCE OF 116.65 FEET;THENCE S.65°29'07"E.,A DISTANCE OF 10. RVE OF A NON TANGENT 38'44 W.01 FEET TO THE POINT OF CU CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES N.63° FEET;THENCE SOUTHWESTERLY ALONG THE ARC;THROUGH A CEN A DIAL DISTANCE OF 647.00 DISTANCE OF 127-91 FEET;THENCE S-81-21T23-W..A DISTANCE OF 8.24FFE ETA;THENCE N.53'33'37"W., A DISTANCE OF 10-12 FEET;THEN- HENCE S.38705'25"W.,A DISTANCE OF 68.87 FEET;THENCE S.41'53'10"W.,A DISTANCE OF 11.33 FEET;THENCE S.00°37'23"E.,A DISTANCE OF 22.16 FEEL TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.43°09'50"W.,A RADIAL DISTANCE OF 652.00 FEET;THENCE SOUTHWESTERLY ALONG THE ARC, OF 69-36'47".A DISTANCE OF 109.39 FEET TO A POINT OF COMPOUND CURVEOTO THE RIGHT HAVING A RADIUS OF 397.52 FEET AND A CENTRAL ANGLE OF 16°33'08°;THENCE SOUTHWESTERLY ALONG THE ARC,A DISTANCE OF 114.84 FEET;THENCE 5.73'00'04"W. A DISTANCE OF 73.66 FEET TO THE TRUE POINT OF BEG(iVNING_ CONTAINING 4,611 SQUARE FEET,MORE OR LESS_ ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF- DATED THIS 2ND DAY OF AUGUST,2010 REGISTRATION EXPIR 2/31/11 s 25 y civ APPI OZ81-3TJ=i 4'rrc - . Page 2 +�P't-3J1-6t-ZLt:-ItIZNdy 9y-J . OLDUUB 096 Yi 00d;R SE 5" CC tn tn _3 ° In , co nl p V \ t O FY V' to w , x ue Q � 1 - d- 1 u; 1 1 w x N j7- 451 451 1 00 A It ri z � a . co 'n a 4�r 1 LU CIE 4 r 1 a P` . W y .N o O�0 1 1 V. CJ , 'Q- d Ma do 1 W I �11 1-• H : I u 4 4A 4xk °O_ M O 1 M �-�i.. C.i- p - .-•i Nm O 7n � N v N Mi�M •-�:I �°r Co bj W co LU Sea I .. :, Q yc Iv _ I z _W L1t I (� t V`-M A 1[� M N - C7 - �- tD O o7F v IqQ IA _ zr- m m 1 I 40 1 - - u �. o .Z lY 4 In /G . � 40' 1 GARNEGIE DR r u6P'Z-3�S-6t-Z[f-l8ZNdy-9M,. O LO7l7J8 0SSI, 00d a1Ca Mt4011 0 v � .v- u o ° ` F N 'XX 1 �1 m ul \ W M W ca q_ l1 on \ a f , , — ok 1. ,R•, � ; —�1��— CA- NE IIA ` M t M m `. d:. N K! . tn. . ,a .� � K1 ` �- Cnk O � d' .� ui ip M• M 4 L \ .�. Cn \ a o p f cry O s ` < pt O Y N tx-' go G- I ' a« 2 q te°J - fdaS F to to- ul •� Q O 3C 3c W ta( cv i 1i� . -o 0 48ZE980 �Q0Z"ON •�p(j ; o 0 6U=£ly C7 m o: u z; m- cr o as ri Z 'i3�2lYd m o Tt _C,4 M z. • 11bD-F-371-61-ZLF-192NdY-9�-� O102lZ1B 096�Y00 d crCq Peµpld 0 o Q C7 O b .Q'. N N 1-'Y {O N..O tm0 p N .- .-.N. -b�1��1\`' .Q-- 'N M co C9 'M M fN ti U4 N N N • O .Z.. m O m u-, W tr' H t� 1�•' m � .�. tG IN m - O- .MO tPp 1L J y. fu lit v- p: r � r i ti V M: co "N, cr IS IL • _ _ r� 2 - •�-, Ste,- Q w - V_ v6 C48 LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"I" The land referred to herein is situated in the State of Califomia, County of San Bernardino,and described as follows: PARCEL A: PARCEL 10 OF PARCEL MAP NO. L3910, IN THE CITY OF SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 162 OF PARCEL MAPS, PAGES 76 THROUGH 79, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE SIDEWALKS, SEWERS, STORM DRAINS, WATER MAINS, CURBS, GUTTERS, PAVING, ELECTROLLERS, STREET LIGHTS, STREET NAME SIGNS, TRAFFIC SIGNALS AND ALL APPURTENANCES AND APPURTENANT IMPROVEMENTS AND RIGHTS(COLLECTIVELY, THE "UAPROVEMENT") WITHIN ASSESSMENT DISTRICT NO. 961 IN THE CITY OF SAN BERNARDINO, CALIFORNIA, WHICH ASSESSMENT DISTRRCT IS SHOWN AND DESCRIBED IN THE .ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT NO. 961, RECORDED FEBRUARY 6, 1985, IN BOOK 31 OF ASSESSMENT DISTRICT MAPS,PAGES 64,65 AND 66,RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, AS DESCRIBED. IN THE DEED TO THE CITY OF SAN BERNARDINO RECORDED APRIL 11, 1985 AS INSTRUMENT NO.85-085510, OFFICIAL RECORDS. PARCEL B:. ALL EASEMENTS, CONCERNING PARCEL I OF PARCEL MAP 13708, IN THE CITY OF SAN BERNAItDINO-COUNTY, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 155 OF PARCEL MAPS, PAGES 6 AND 7 AND PARCELS A AND B OF PARCEL MAP 13910 AS PER PLAT RECORDED-IN BOOK 162 OF PARCEL.MAPS, PAGES 76 THROUGH 79. IN THE OFFICE OF THE COUNTY RECORDER.OF SAN BERNARDINO COUNTY, CALIFORNIA, THAT ARE-APPURTENANT TO THE R RECOREAL PROPERTY DESCRIBED AS PARCEL "C" ABOVE, INCLUDING WITHOUT LIMITATION A RECIPROCAL EASEMENT FOR ACCESS, PARKING AND pEDESTRIAN TRAFFIC ESTABLISHED BLOCK NO. BY DOCUMENT ENTI`T'LED. "MAJOR BLOCK DECLARATION, MAJOR 4 _CARNEGIE PLAZA, TRI-CITY CORPORATE CENTRE", RECORDED ON DECEMBER 201 1990 AS INSTRUMENT NO: 90-501243 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, CALIFORNIA AND ALL EASEMENTS AND RIGHTS CREATED:OR GRANTED BY ANY OF THE FOLLOWING INSTRUMENTS: THAT CERTAIN MAJOR BLOCK DECLARATION FOR MAJOR BLOCK NO. 4 - CARNEGIE PLAZA, TRI-CITY CORPORATE CENTRE DATED DECEMBER 19, 1990 RECORDED ON DECEMBER 20, 1990 AS INSTRUMENT .INTO. 90-501244 'IN -THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO*COUNTY,CALIFORNIA_ THAT CERTAIN FIRST AMENDMENT TO MAJOR BLOCK DECLARATION, MAJOR BLOCK No' O. 4 - CARNEGIE PLAZA,TRI-CITY CORPORATE CENTRE, DATED OCTOBER 3, 1991 AND RECORDED ON OCTOBER 8; 1991 AS INSTRUMENT NO. 91-384835 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY,CALIFORNIA. C48-281-372-10-Attachment t i` LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT PARSONS 3200 Guast Road.Suite 20%4rt;Nrio,Cst 917$-t . 7-:is ?_;1c: {1.218-3fi��M. c Fax 90s-218-3E95 EXHIBIT A RIGHT OF WAY AP 0281-372-10 THAT PORTION OF PARCEL 10 OF PARCEL MAP NO. 13910,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,.STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 162;PAGES 76-THROUGH 79 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 10,ALSO BEING A POINT ON THE RORTH RIGHT OF WAY LINE OF HOSPITALITY LANE(45.00FEET HALF WIDTH);THEkl1 E ALO.NG:THE WEST UNE SAID PARCEl.10,N.00°31'33V A DISTANCE OF 5:02 FEET TO THE POINT OF CURVE OF A.NOIV TANGENT CURVE TO THE LEFT,01?VI(IiICH THE RADIUS'PO(NT'LIES N.04°12'56"E.,A RADIAL VI.STANCE OF'1,050.00 FEET;THE EASTERLY ALONG TF1E ARC;THROUGH A CENTRAL ANGLE OF 0.4°-3'3`45°;A.DISTANCE OP $5.45 FEE ;T�1ENCE'N.89°3 *1.1"E.;.A DISTANCE OF 24;71 FEET`THENCE S:00"31'33"E.,A DISTANCE OF 5.00 FEET;THI=NCE'S.8V-33+1'1"W.,.A D1STi4NCE OF 24.71 FEET TO A POINT OF CURVE•TOTHE RIGKT}-AVING A RADLtJS OF 1.0-55.0.0-FEET AND-A.-CENTRAL ANGLE OF 04°38'24";TH'ENC'E WESTERLY ALOIiIG. 01STATIGE OF 85.44 FEETTO THE POINT OF'BEGINNWG- THE ARC A CONTAINING 551 8QUARE'FEIrT,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B:ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 8TH DAY QF AUGl1ST,2010 Q CSfESS%p . Qua -�y1-11I3ps.'91�: ' i w W2. n R BERT EgVYARD - `r 25068 . 4W S;PE 2.55068 RI=GISTRA'FIGf(�1EXPMRS 12J311�1 R, . APN07,81-372-I0 R(1vJ - Pzip 1 SEARING &DISTANCE DATA CURVE DATA No_ BEARING DISTANCE NO. A L 2 N89°33'11"E 24.71' 1 [a1050-OO' 38'24" 85.44' 3 N00°31'33"W 5.00` 5 39'45" 85.45` 4 N8 9°33'11"E 24.71' 6 N00°31"33`� 5.02' ; t i I I ; i PARCEL "Bu ! PARCEL 90 I PARCEL NAP N®. into PARCEL "c1,. { I I ; I - N04°32'56"E I � (-AIS( i RAD ; 1 5 4 . i N04°7 1'35'E v NOD'W49"W RAO)' LANE _ b N N _ l 1 / 1 1 � 1 . o .D EXHIB (T PArts-ON- -s- c1 . n 3YOC EAST 2U&ST!NUAO.-, SU(Tt: 2Up attE "=4 ukrir.± C!L[FORNIa Ap'N 281-372-10 RIGHT OF WAY n 0. RECORDING REQUESTED BY: SANBAG 1170 West 3rd Street,2nd Floor San Bernardino,CA 92410-1715 WHEN RECORDED MAIL TO: CITY OF SAN BERNARDINO 300 N.D STREET,3RD FLR SAN BERNARDINO,CA 92418 EXEMPT FROM REC.FEES PER GOVT.CODE§27383 APN(s): See Exhibit"I" QUITCLAIM DEED EXEMPT FROM DOC.TRANSFER TAX PER sbX Parcel#C42-C67 REV.&TAX CODE§11922 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SAN BERNARDINO ASSOCIATED GOVERNMENTS, a public agency existing under the laws of the State of California ("SANBAG"), acting as the San Bernardino County Transportation Commission, a public agency existing under the laws of the State of California ("Grantor"), does hereby REMISE, RELEASE and forever QUITCLAIM to the CITY OF SAN BERNARDINO, a California Municipal Corporation ("Grantee"), all of the right, title, and interest in the permanent easement(s) located in the City of San Bernardino, County of San Bernardino, State of California, as identified in those certain recorded instrument(s) listed in Exhibit "1", and further described as a permanent easement in a copy of said instrument(s) as Exhibits) 662", 663"1 664", 665", 666", 66719, 66899, 669" and "10", respectively, attached hereto and incorporated herein by this reference. Prior to the execution and recording of this Quitclaim Deed, the permanent easements were in favor of Grantor pursuant to those certain instrument(s) dated and recorded in the Official Records of San Bernardino County, California as indicated on Exhibit "I". Notwithstanding anything contained in this instrument to the contrary, to the extent that the (any) instrument identified in Exhibit(s) "2" through"10" include(s) a temporary easement (such as and including without limitation, for example, a temporary construction easement), this instrument does not include the same and, therefore, there shall be no transfer, assignment, set over, conveyance, grant or quitclaim of such temporary easement(s) or any interest therein by, under or pursuant to this Quitclaim Deed. Any facilities located within the property (properties) described as a permanent easement in the recorded instrument(s) attached hereto as Exhibit(s) "2" through "10", are being left in place in an "as is, where is, with all faults" condition. Grantee acknowledges and agrees that Grantor is conveying all right, title and interest in and to the herein-described real property on an "as is, where is, with all faults" basis. And Grantee further acknowledges and agrees that Grantor does not warranty the condition of the facilities and does not guarantee their fitness for any purpose. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below. Dated: GRANTOR: SAN BERNARDINO ASSOCIATED GOVERNMENTS acting as the San Bernardino County Transportation Commission NOTARY ACKNOWLEDGEMENT: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF } S.S. On before me, Notary Public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature SEAL: ACCEPTANCE This is to certify that the interest in the real property conveyed by the within instrument to the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council, and grantee consents to the recordation thereof by its duly authorized officer. CITY OF SAN BERNARDINO By: City Clerk Date: EXHIBIT 66199 PARCEL/DOCUMENT LISTING Recorded sbX Exhibit Description # Parcel APN Property Address Document Comment # Number 0281-372-07 2 C42 Old # 460 E Hospitality Ln. 2012-0080413 Final Order 0281-371-32 San Bernardino CA 92408 3 C43 0281-371-50 475 E Hospitality Ln. 2012-0198874 Final Order San Bernardino CA 92408 C53 0281-371-55 695 E Hospitality Ln. 4 2012-0129308 Final Order C55 0281-371-54 San Bernardino CA C54 0281-351-24 Northwest corner of E. Carnegie 5 C56 0281-351-23 Dr and E. Hospitality Ln. 2012-0103337 Final Order San Bernardino, CA 92408 6 C59 0281-361-11 777 E Hospitality Ln. 2011-0377362 Final Order San Bernardino CA 92408 Gage Canal, North Side of E. 7 C60 0281-361-10 Hospitality Lane, 2011-0531790 Easement Deed San Bernardino, CA 92408 825 E Hospitality Ln. Easement 8 C61 0281-361-12 2011-0412439 San Bernardino CA 92408 Deed 9 C63 0281-361-13 855 E Hospitality Ln. 2011-0430363 Final Order San Bernardino CA 92408 South side of E. Hospitality Ln 10 C65 0281-361-22 W of Wells Fargo Dr. and E of 2011-0386780 Final Order C67 0281-361-23 Gage Canal San Bernardino CA 92408 EXHIBIT 662" PARCEL NO. C-42 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,County of San Bernardino 3/01/2012 PLEASE COMPLETE THIS INFORMATION. 4° DENNIS DRAEGER 11:18 AM N U . ' ASSESSOR – RECORDER – CLERK NC RECORDING REQUESTED BY: San Bernardino Associated Governments,a Joint P Counter Powers Authority,acting as the San Bernardino County Transportation Commission QOC#: 2012—0080413 Titles: 1 Pages: 15 AND WHEN RECORDED MAIL TO: Fees 0.00 Rick E.Rayl Taxes 0.00 Nossaman LLP other 0.00 18101 Von Karman Avenue,Suite 1800 PAID $0.00 Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Forst#R25 American LegalNet,Inc. vvxrw.U SCourtForms.com I NOSSAMAN LLP RICK E. RAYL(SBN 174257) 2 rrayl @nossaman.com 3 BRADFORD B. KUHN(SBN 245866) bkuhn @nossaman.com F I L E D 4 Special Counsel COUNTY O SAN BERNARDINO 18101 Von Karman Avenue, Suite 1800 SAN BERNARDINO DISTRICT 5 Irvine, CA 92612 � � p 8 Telephone: (949) 833-7800 D12 6 Facsimile: (949) 833-7878 Py Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1103206 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE JOHN M. PACHECO,DEPT. S34 17 Plaintiff, V-108 FINAL ORDER OF 18 vs. CONDEMNATION 19 N AND D RESTAURANTS, INC., a Florida corporation; 20 RANCON REALTY FUND V, a California [Parcel No. C-42] limited partnership; 21 DOES 1 Through 100, Inclusive; and 22 ALL PERSONS UNKNOWN CLAIMING ANY Action Filed: March 9,2011 TITLE OR INTEREST IN OR TO THE 23 PROPERTY DESCRIBED HEREIN, [EXEMPT FROM FILING FEES -GOV. 24 Defendants. CODE,§ 61031 25 26 27 317310_i.DOC FINAL ORDER OF CONDEMNATION I Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission ("SANBAG"),having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to an Interlocutory Judgment in Condemnation, and SANBAG and 4 defendants having waived a Statement of Decision, a Final Judgment in Condemnation having been 5 entered, and payment having been made in full,no other party or person having or claiming to have an 6 interest in the property being acquired or the compensation to be paid for the property, and good cause 7 appearing: 8 NOW,THEREFORE,IT IS HEREBY ORDERED as follows: 9 1. The property described in the attached Exhibit"A," described as Assessor's Parcel 10 Number 28137207, located at 460 E. Hospitality Lane, San Bernardino, California, and more 11 particularly described as SANBAG Parcel Number C-42, consisting of a permanent easement of 12 approximately 91 square feet, along with a temporary construction easement of approximately 1,868 13 square feet, as described in SANBAG's complaint on file in this matter("Subject Property"),is hereby 14 condemned to SANBAG for the purposes of constructing,maintaining and operating the sbX E-Street 15 Corridor Bus Rapid Transit Project ("Project"), for the purpose of all necessary and convenient activities 16 associated with the construction of the Project and for public purposes. The temporary construction 17 easement shall commence seven (7)days from the date upon which SANBAG or its authorized 18 representative provides the applicable defendant with written notice of its intent to commence 19 construction utilizing the temporary construction easement and shall terminate on the earliest of(a)the 20 date upon which SANBAG notifies the applicable defendant that it no longer needs the temporary 21 construction easement, (b)six (6)months from the commencement date of the temporary construction 22 easement, or(c)December 31, 2013. 23 2. The Parties agree to the following additional provisions: 24 (a) The cutting and capping of sprinkler facilities will be conducted in such a manner 25 that their functionality outside the Subject Property will be maintained at all times, and SANBAG will 26 coordinate with Defendant N and D Restaurants, Inc., a Florida corporation("Defendant")before 27 relocating, cutting or capping Defendant's existing sprinkler facilities. 28 317310 I.DOC FINAL ORDER OF CONDEMNATION I (b) Before installation of trees and landscaping, SANBAG will contact Defendant to 2 coordinate the placement of the trees and landscaping on the Subject Property. 3 (c) SANBAG will coordinate with Defendant before pouring new concrete driveway 4 aprons. 5 (d) Reasonable driveway and pedestrian access to Defendant's remaining property 6 will be maintained during business hours during construction activities. 7 (e) Excepting items for which Defendant has been compensated,upon completion of 8 construction, SANBAG will restore the landscaping within the temporary construction easement area 9 per Omnitrans' tree planting and planting plans. 10 (f) Defendant has elected to retain one on-premise monument style sign at a salvage 11 value of$0.00; Defendant shall, at its sole cost and expense,remove said sign on or before August 1, 12 2011. In the event the sign has not been moved onto the Defendant's remaining property on or before 13 said date, SANBAG is hereby granted the right to remove the sign and Defendant hereby abandons said 14 sign. Defendant specifically releases SANBAG from any and all responsibility for said sign, and 15 understands and agrees that this item will be the sole property of Defendant. Defendant shall be liable 16 and responsible for any future reconstruction, maintenance or adjustment thereto. SANBAG makes no 17 representations or warranties as to Defendant's ability to construct or maintain said sign on Defendant's 18 remaining property. 19 (g) Within thirty(30) days of the construction contract for the Project being awarded, 20 SANBAG (or its representatives) shall notify Defendant in writing as to the contractor's contact 21 information. 22 3. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 23 public purposes under Article I, Section 19,of the California Constitution, California Public Utilities Code 24 section 130220.5,and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 25 for which SANBAG seeks to condemn the Subject Property, to wit, in connection with the Project and 26 for public transit improvements, is and was authorized by law and is and was a public use; the public 27 interest, safety, and necessity require the Project; the Project is and was planned and located in the 28 2 FINAL ORDER OF CONDEMNATION I manner that will be most compatible with the greatest public good and the least private injury; and the 2 Subject Property is necessary for the Project. 3 4. Just compensation has been paid to Defendant, and such sum was accepted by Defendant, 4 as full payment of just compensation for all claims of any nature, including without limitation all claims 5 for severance damages,relocation assistance,business goodwill,real and personal property, fixtures, 6 equipment, damages,compensation, fees, costs, and litigation expenses,other expenses,interest,and any 7 and all other claims which have been or could have been raised in the lawsuit. 8 5. The right in and to the Subject Property shall vest in SAN-BAG upon the recordation of 9 this Final Order of Condemnation in the office of the Recorder of the County-of San Bernardino, State 10 of California. All liens, leaseholds, and encumbrances of whatever kind and nature on the Subject 11 Property shall be cancelled. 12 13 Dated: r �•� 14 OF THE SUPERIOR COURT JOHN M. PACHEC© 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"1" The land referred to herein is situated in the State of California,County of San Bernardino, and described as follows: PARCEL ONE OF PARCEL MAP 13708 AS PER MAP RECORDED IN BOOK 155 OF PARCEL MAPS,PAGES 6 AND 7 INCLUSIVE,RECORDS OF SAID COUNTY. C42-281-372-07 LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT- l PARSONS l 320C C.Guastl Rozd,Suite 200,OrIL-iFI0.Cry 91761 ne:9-'09-2 1 -3600.Fax 909-218-3v05• vnvv;.D2rsons.cvm 1 1 ` EXHIBIT A RIGHT OF WAY i AP 0281-372-07 THAT PORTION OF PARCEL 1,PARCEL MAP NO.13708,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 155,PAGES 6 AND 7 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1,BEING A POINT ON THE NO RIGHT OF WAY LINE OF HOSPITALITY LANE(54.00 FEET HALF WIDTH.)-AND THE BEGINNING TOF A CURVE TO THE LEFT,OF WHICH THE RAADIUS POINT LIES S.12°48`16"W.,A RADfAL DISTANCE OF 1,255:0d FEET; THENCE WESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 08°16`54"1 A DISTANCE OF 181.40 I FEET;THENCE N.42 38'2&"W.,A DISTANCE OP-0.74 FEET TO THE POINT OF CURVE OF A NON TANGENT ! CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES S.04°29'53"W„A R A D I A L DISTANCE OF 1 235.50 I FEET.THENCE EASTERLY ALONG THE ARC,THROUGH A:CENTRAL ANGLE OF 08°18'03",A D(STAN�E OF 1 189:90 FEET;THEI�tCE S.00°5133"E.,A DfSTAN:CE OF 0.52 FEET TO THE POINT OF BEGINNING CONTAINING 91 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 25TH DAY OF AUGUST,2.010 pFES�j��rt X713.os No. �• � ROBERT EDWARD: FENS'.:PE 25068 REGISTRATf.ON EXPIRES 12/31111 APNOiSl372-071tOW Pagel. 06p'gpy-LO-Ut-tgZNdrZY-J .OLOZ/Ove 096Y1b000:xq pe{}old, 0 0 N N O ~ fi 9 w. ao m r ! c..ci: ,r •fib o to r N / ! v; I ,/ m " a- 0 Lo c� 3 H co U. p . OD Cq OD xg LO Q. Q.-. ! T !x: .@J. ao. .N.'`o .E. N N f, m Y N 1T I 1 O 1 r -QE9 � O 1 in lu k a� N 1 ~u N m cV ' t -----------=—y ; Q 1 F�•''I i tQ a � O as t i i LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT 3200 E.Gi asfi Read,Sufic 2W g , .G;ra�o c ((11 QQ C TLS-p;o- J3'L i j JW.1•=a>90:-1-218-3,305 tavrx. arsons.cem R' i EXHIBIT A i TEMPORARY CONSTRUCTION EASEMENT AP 0281-372-07 i THAT PORTION OF PARCEL 1, PARCEL MAP NO.13708, IN THE CITY OF SAN BERNARDINO,COUNTY OF f SAN BERNARDINO.STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 155,PAGES 6 AND 7 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 1,BEING A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF HOSPITALITY LANE(54.00 FEET HALF WIDTH)-THENCE N.00 31'33"VI(,A DISTANCE OF 0.52 FEET TO THE TRUE,POINT OF BEGINNING AND THE BEGINNING OF A CURVE TO THE LEFT OF 1NHICH THERADIUS POINT'LIES&12°47'57"W-,A RADIAL.DISTANCE OF 1,255.50 FEET THENCE WESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 08"98'03 A DISTANCE OF 184.90 FEET,THENCE N-42°38'25'W;A DISTANCE OF 14.83 FEET TO THE PptNT OF CURVE OF A ION TANGENT CURVE TO THE RIP-T,OF WHICH THE RADIUS POINT LIES.8.0.41100,.45 A RADIAL DISTANCE OF TANG-50 FEET;TIi!_NCE EASTERLY ALONG 7FIE ARC,THROUGH A CENTRAL ANGLE OF OW4 i1 5",A t31STAit10E OF 181.70 FEET;THENCE&OW81'S3 E.,A DISTANCE OF 10.27 FEET TO THE TRUE POINT OF BE_ fNNL G. j CON'T'AINING 1,868 SQUARE FEET;MORE OR LESS. ALL AS MORE FARTICUL•ARLY SHOWN ON EXHIBIT B'ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 25TH DAY©F AUGUST,2010 Q�pFESj0 m: No. i R' DIlYi4R S: FENS,PE 25068 REGISTRATION EXPIRES t2�NS, COY A 014028' a u(A13fG'Vf CE Pagel �o x,t-to-zt�-lezrtdrzt-� olaziocie 0966600d;Aq Da4o4d 0 0 Cl '� T_ a . r sr I 0 0 lit 'oO� !D. , I V W H 64 a Sb w ul Ch F+ CE7 Vi W I o � r N "nx f- Ld M I :ui v , lV, M - . :p�a ' Q0." N 4 ts. DC ! / W oc.gvc .m o: CL;- IF- , Ul a 7" N` e to: us a 1 3 v y Z l , , } EXHIBIT 663" PARCEL NO. C-43 (FINAL ORDER) [SEE ATTACHED] PLEASE COMPLETE THIS INFORMATION. Recorded in Official Records,County of San Bernardino 512$12012 DENNIS DRAEGER 12.25 PM RECORDING REQUESTED BY: °Ve ;; ASSESSOR – RECORDER – CLERK ALS San Bernardino Associated Governments,a Joint Powers Authority,acting as the San Bernardino P Counter County Transportation Commission AND WHEN RECORDED MAIL TO: DOC#: 2012—0198874 Titles: 1 Pages: 15 Rick E.Rayl Fees 0.00 Nossaman LLP Taxes 0.00 18101 Von Karman Avenue,Suite 1800 Irvine,CA 92612 Other [EXEMPT FROM FILING FEES- GOV.CODE, §6103] THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form#R25 American LegalNet,Inc. www.USCourffonns.com • II c •.I 1 2 FILEL) COUNTY OF SIAAN BERNARDINO 3 SAN BERIMDINO DISTRICT 4 APR -92012 5 By 6 Deguly 7 8 9 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1103181 14 GOVERNMENTS, a Joint Powers Authority, 15 acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: TRANSPORTATION COMMISSION, JUDGE JOHN P. VANDERFEER,DEPT. S37 16 Plaintiff, 17 INAL ORDER OF vs. CONDEMNATION 18 GALE ANN LINGLE, CO-TRUSTEE OF THE 19 JONAH JONES JR., TRUST U/D/T 06/01/76; et al 20 [Parcel No. C-43] Defendants. 21 22 Trial: June 11, 2011 Action Filed: March 9, 2011 23 [EXEMPT FROM FILING FEES - GOV. 24 CODE, § 61031 �.. 25 26 a 27 28 319214 I.DOC FINAL ORDER OF CONDEMNATION L I Plaintiff San Bernardino Associated Governments, a Joint Powers Authority, acting as the San 2 Bernardino County Transportation Commission("SANBAG"),having applied for entry of a Final Order 3 of Condemnation ("Final Order"), a Final Judgment in Condemnation having been entered, and payment 4 having been made in full, no other party or person having or claiming to have an interest in the property 5 being acquired or the compensation to be paid for the property, and good cause appearing: 6 NOW,THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: 7 1. The property described in the attached Exhibit"A,"designated as Assessor's Parcel 8 Number 28137150, located at 475 E. Hospitality Lane, San Bernardino, California, and more 9 particularly described as SANBAG Parcel Number C-43, consisting of a permanent easement of 10 approximately 2,950 square feet, along with a temporary construction easement of approximately 3,070 11 square feet("Subject Property") is hereby condemned to SANBAG for purposes of constructing, 12 maintaining and operating the sbX E-Street Corridor Bus Rapid Transit Project("Project"), for the 13 purpose of all necessary and convenient activities associated with the construction of the Project and for 14 public purposes. The temporary construction easement shall commence seven(7) days from the date 15 upon which SANBAG or its authorized representative provides the applicable defendant with written 16 notice of its intent to commence construction utilizing the temporary construction easement and shall 17 terminate on the earliest of(a)the date upon which SANBAG notifies the applicable defendant that it no 18 longer needs the temporary construction easement, (b) six(6)months from the commencement date of 19 the temporary construction easement, or (c) December 31, 2013. 20 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 21 public purposes under Article I, Section 19, of the California Constitution,California Public Utilities Code 22 section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 23 for which SANBAG seeks to condemn the Subject Property in connection with the Project is authorized 24 by law and is a public use; the public interest, safety, and necessity require the Project;the Project is 25 planned and located in the manner that will be most compatible with the greatest public good and the 26 least private injury; and the Subject Property is necessary for the Project. 27 3. SANBAG and Defendants Gale Ann Lingle, Trustee of the Richards/Dickinson 1986 28 Trust u/d/t 2/17/87; Gale Ann Lingle, Co-Trustee of the Jonah Jones Jr., Trust u/d/t 06/01/76; and David FINAL ORDER OF CONDEMNATION I E. Cohee, Co-Trustee of the Jonah Jones Jr., Trust u/d/t 06/01/76 (collectively, "Defendant Property 2 Owners") agree to the following special provisions: 3 (a) Reasonable driveway and pedestrian access to Defendant Property Owners' 4 remaining property from Hospitality Lane will be maintained during business hours during construction 5 activities. 6 (b) Upon completion of the work in the permanent easement and temporary 7 construction easement areas, SANBAG shall replace or restore the utilities, irrigation and drainage 8 facilities, landscaping, sidewalks, and lighting facilities("Site Improvements")within said areas, per 9 Omnitrans' Construction Details, Tree Planting, and Planting plans. 10 (c) Any construction conducted by SANBAG which interferes with the supply of 11 utilities to Defendant Property Owners' remaining property shall be conducted in such a manner so as to 12 minimize to the greatest extent possible any interference with the operation of the Chili's restaurant on 13 Defendant Property Owners' remaining property. 14 4. SANBAG and Defendant Brinker Restaurant Corporation, a Delaware corporation, dba 15 Chilis's Inc. ("Defendant Brinker") agree to the following special provisions: 16 (a) The cutting and capping of sprinkler facilities will be conducted in such a manner 17 that their functionality outside the Subject Property will be maintained at all times,and SANBAG will 18 coordinate with Defendant Brinker before relocating, cutting or capping the existing sprinkler facilities. 19 (b) Before installation of trees and landscaping, SANBAG will contact Defendant 20 Brinker to coordinate the placement of the trees and landscaping on the remaining property and within 21 the temporary construction easement area. 22 (c) SANBAG will restore the landscaping within the temporary construction f 23 easement area per Omnitrans' tree planting and planting plans. SANBAG shall further protect in place 24 all signs, lighting fixtures and other improvements on the remainder property of Defendant Brinker as 25 shown on the Omnitrans improvement plans. 26 (d) Defendant Brinker has elected to retain one on-premise monument style sign at a 27 salvage value of$0.00; Defendant Brinker shall, at its sole cost and expense,remove said sign on-or 28 before October 1, 2011. In the event the sign has not been moved onto the Defendant Brinker's FINAL ORDER OF CONDEMNATION I remaining property on or before said date, SANBAG is hereby granted the right to remove the sign and 2 Defendant Brinker hereby abandons said sign. Defendant Brinker specifically releases SANBAG from 3 any and all responsibility for said sign, and understands and agrees that this item will be the sole 4 property of Defendant Brinker. Defendant Brinker shall be liable and responsible for any future 5 reconstruction,maintenance or adjustment thereto. SANBAG makes no representations or warranties as 6 to Defendant Brinker's ability to construct or maintain said sign on Defendant Brinker's remaining 7 property. - 8 (e) In the event SANBAG relocates any utilities serving Defendant Brinker's facility, 9 SANBAG, and not Defendant Brinker, shall be responsible for all such utility relocations and any costs 10 incurred for such relocations. 11 5. Just compensation has been paid to defendants, and such sums have been accepted by 12 defendants as full payment of just compensation for the acquisition of the Subject Property and the 13 construction of the Project in the manner proposed, including, but not limited to, severance damages, 14 loss of goodwill, loss of or damage to improvements pertaining to the realty, fixtures, equipment, and/or 15 inventory, precondemnation damages,relocation benefits, and claims for attorneys' fees, litigation 16 expenses, statutory costs, and interest pertaining to this action. 17 6. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 18 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 19 of California. All liens, leaseholds, encumbrance of whatever kind and nature on the Subject Property 20 shall be cancelled. 21 22 23 DATED: APR 0 9 2012 BRYAN Fa FOSTER 24 JUDGE OF THE SUPERIOR COURT 25 26 27 28 FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"1" PARCEL 4 PARCEL MAP NO. 11745, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 138 OF PARCEL MAPS, PAGES 26 THROUGH 28 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN BERNARDINO COUNTY. EXCEPTING THEREFROM: THAT PORTION OF PARCEL 4 OF PARCEL MAP 11745 AS SHOWN PER MAP ON FILE IN BOOK 138 OF PARCEL MAPS, PAGES 26,27 AND 28 OF RECORDS OF SAN BERNARDINO COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 4, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY OF HOSPITALITY LANE AS SHOWN ON SAID MAP,SAID LINE BEING A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 1154.92 FEET THROUGH A RADIAL LINE BEARS NORTH 04°,09',06",EAST; THENCE EASTERLY ON SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 01°,39',57",AN ARC LENGTH OF 33.58 FEET TO A POINT ON A NON-TANGENT LINE THROUGH WHICH A RADIAL LINE BEARS NORTH 05°,49',03",EAST; THENCE SOUTH 45°,59',09",WEST A DISTANCE OF 51.68 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL 4; THENCE NORTH 000,59',.09",WEST ALONG SAID WEST LINE A DISTANCE OF 19.17 FEET; THENCE CONTINUING ALONG SAID.WEST LINE NORTH 09-,46',22", EAST A DISTANCE OF 19.95 FEET TO THE POINT OF BEGINNING. LAND ABUTTING SAID PROPERTY-SHALL HAVE NO RIGHT OR EASEMENT OF ACCESS THERETO. C43-0281-37t-50 LEGAL.DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT i ARSONS iL00 c Guasd? a .Swt 2C ,�ntaric�GS i 76 .; epttone;90921 J-35D0 •Fax=ucJ-21u 6E5• .h:rr:pacs��s_c:mi EMBITA RIGHT'OF WAY AP 081371-59 1 THAT PORTION OF PARCEL 4 PARCEL MAP NO.1 t-7�}5;IN:TH€CITI'-QF SAN BERNARf31TIO,.COUNTY OF i S41 BERNAR©INO;STATE OF CALIFORNIA AS PER MAP RECORDED IN 800K 138;PAGES ZST1 Ik20UCFj 28: OF:PARCEL IUAPS IN�}JE OFFIC6 OF TIdE GOONTY RECORDER:OF SAID,C011NTY,DESCRIBM AS FOLLOWS t 13EGIA N.G AT THE.NORTHE-k$T CORNIER OF SAID PARCELA.ALSO..13EIUG A POINT Q�i �yE SOU RIGHT ! OF WAY UNE OF IiOSPITALITY LARIE(45,0.0 FEET HALT=WIDIi-1);.THENCE ALONG EASE LINE(SF SAIp. i PLALTCEL:4 5:2'I°fl4'32°11Y.,,.-A L1ISTANCE OF 7 OT FEET TO.T.HE POINT Off-CURVE-OF A�f01�17ANCyEN1 CURVE TO THE IEFi,;OFV1iHICH THE RAQ(U.&.POINT LIES 5.183]"57°W.;A R-AD[AL.01,-x CANCE OF 1,553,39 FEET; THENCE?/uESTERLY/{�C)Nt�THE ARC,'Tf liQ.LIGH A I E�lTFtAL AtVGLE QF":q,6'26`17`A QiSTALVC>_OE 174.55 ;FE)"T'TO A,POINl QF EiQM?pUND eii vE TO THrr .E IAVING A RADIUS bF 1,144.60:FEEl`-N q. i;EAi1RiRLANGLE OFU�°2 '08` THECICE1NESi ER.LY ALONG THE AJRG,A 13ISTAMCE'0 #25 2 FEETT0 THE SOUI)3EAST llQiE.OF THE Q�ESCRlBr`Q iN.taRAN f Q ED T Q;THE STATE O,F.CAMFORNIA RECORDED. t FEBRLI (22,1991.AS:UQCiJ6AENT NO 91 a8 I�GQFF[C 4L.RE iORDS,tN THE OFFICE QF SAID CO1lNT Y i RECOFFpER;THl I ,yL S91Q:SOUTHEAS`T L INE "E- -COUNTY A_bI8TANbE Q.F f ;17 FEET T-O THE POINT OF CURE OF A(VON TANGENT CURVE TO THE RIGHT t2FWHICH THE'AA0It1S FlOw LIES $0&05'S7"iA! A RAD1At E3ISTANCE OF" 155:00 FEET;THENCE EASTERLY ALONG'THE Al E,THRpUCEI A. CEAtTRAL:ANGLi=:OF 14°A3`25 �,RISTA(yCE F 2.6 1 I;E TO TNE,POiIgIT OF i3Ef;INNIN CONTfill?i1.t�0.2;95p SQUARE FEET MORE OR LESS. ALLAS M OkE PARTi U LA,RLY 8 I101N(y qN F-XRERT 8 ATTACHED.HEP--0 AtltD 4pMA p-A kiEftEQF: DATED THIS.24THDAY-OF JIJIVE,2010 Q 2g fi b' Go cI. 1L REGISl.'RATIGfPi EafPIt�ES�t�" . X11'`11 - _ 1rALt�. ; I iteiV ditfa,373�O�t04� __ 'Pagel FARING&.51STANCE DATA 8�-ARING 011STANCE N21°II4 32'E N$6°DOWE. 14.17' r l ' P.Q.B. CURVE ffATA >f kJa. R E f � � 174;55' N20.°49' 2 0E i RAU) :4 1144.SA` :O6°28,°Q8" _ 129:2Z' f Ill 8°31'57."E (RAD) P lI I , r ' f 3 � f � s. r � Nt2°05`90°E (Pcc) 'Q. RUN 4 r (� , , j PARCEL UP- 1M; 91 -46 a N46°05'S7"E. d05°37`39"E t rtu0� c�� SOUTk-AtMRLY LINE NO- �:1—i�6-31 Z 0.R. ERNE. 1E BEi . f PA R-WS EXHIBIT B usr m GRNta es7Y3%2oi4 Rona,soi ioo APNL -241-311-750 ONf`1iRi6, EAL�E sl•7fr1. - - 1r RI4Hfi .1�F Wky " I of 1 LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT t 3201_-Gum;R,j';Suit 200.Catric—Ch 97761 •2. `)(.•.�K E„C-'�8-3e""0.5. wyrx•.N�'E�ni ca: i EXHIBIT A. TEMPORARY CONSTRUCTION EASEMENT AR,0281--371-50 THAT PORTION OF PARCEL 4.PARCEL MAP N.O.11745,IN THE CITY OF SAN BERNiARDtNQ,COUNTY OF SAN BEf2NARDltyO;STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 1-Ui PAGES-26 THROUGH 28 OF PAI7CEL iAAPS,IN THE OFFICE OF THE COUNTY RECORDER:OF`SAID COUNTY;DESCRIBED AS s FOLLOUI!S,. COMMEIVCtNG AT THE M1iflFtTHEAST CORNER'OF SAID PARCEL 4,ALSO BEING A POUyT;ON THE SOUTH RIGHT©F WA''Y`!.11s1E.OF`NOSP(TALITY LANE�45:I10 FEET F}ALF W1D..Tlij;TNENC1=11L.ONi;`EAST LAVE OF'SAID FARCE[4 5-21"Q4'32"1N.,/q Qlf i�iNC-OF 7 01 FEET TO THE TRIJ)r P&3 T:OF I3ECINNING THENCE ALONG. Uti 8'OF sA1D PARCELS.S2lpQ4`32".W- A DISTANGEQF 10.01.FEET TO THE'POINT OF CURVE OF A NO.N TANGENT CURVE TO THE LEFT,OF W H1.GH THE`l�ADlt 1S POINT LIES S 18°_39759"W.,A F2ADIAL:I)ISTANCE OF-1,543:39 FEET;THENCE-WESTF-FFiLYALONG THE_AAq THRU.UdH A-CENTRAL ANGLE OF 06"26`18' A D[STAN rE.OF 172.98 FEET TO A.POINT OF COMf?OUND.C11R3/E TO THE LEFT HA11fAiG A RAQIUS OF i i34,5a FEET AND A OENTkk,4NGLE OE O.S°5554";THENEE VYESTt;RLY ALONG THE ARCS A DISTANCE OF fid725 FEET�TO THE 50UTFiEAGT.tiNE Q3 'TtiE LAND D.R-1 3E.13 IN--RANT DEED TQ.THE svTA'IE OF i~,titL1PORNIA,RE.CQRbEp-,F mUM-Y-22,1139-4 AS-DOCUfv(EI�1T N0 9}-062312QF-(1 L . CA RECORDS, IN THE OFFIQE OF SAID COUNTY RECDRDER,.THENCE AL.Qf+iGSAID:S.OUTHEAST LINE,N 4$"Qp-A9"E�A pISTA 65 OF 1 '-%FEET TO THE PQINT-OF GUB\-F-OF A t.1ON TANGENT CURVE TO THE RIGHT•,OF WHICH THE F�JUS POlhi L1Et S.05'37'3"-W' A:RAD(AL€I$TANCE OF 1.144.-60 FE)=T.THEtaCE EASTERLY ALONG THE ARG THROUGHA'CEAt1RAL ANGLR:GSF 06'28'08',A DISTANCE OF 12.9 22'FEET TO A POINT:QF CCjMPOUN4 CURVE TO THE RIGHT 1 if VING A REIDIL]5 OF 1.553 391 EET AND A?CENTRAL AN%9 OF 06.°26'17";TWNCEEi4S SRLYAL-QNG THE ARC-.A D1STANCe OF 174'58:P EE1 Td E TtZIIE PiDtN i`OF E3EGFNNI1VCz:. CONTAINING%O4TSQUA6tE'FEET;MJDR1_.ORLESS: ALL AS MORE PARTICULARLY SHOWN OF1 E)"131T HATTACHED HERETGANQ MAMA PART HEREOF; DATED'TFUS.TM DAY OF AUGUS1N 20i0 �,t�QFES,Sj. Q, R , . ca No. 25068 E bbli--T-ED-WARp - :RE�i57RA'TfOiV EXP1R- �3J39fi11 _ -.F - flP2+t:0�8L3Zi:5�'CCE" - _ BEARING &Of-STANCE DATA Na, BEAftTWC DISTANCE / 1 321°0432"W 7:01' 4. N210Q4'32"E. 1:0.01" 7 N98°0049"E 13.59 .. / • ' P.O.C. CURVE DATA No. R A L �r 2 1144.5' 06°'26'98" 129.22' 3' 1'533.39'' 06�26`L7" 974.65' ! N1B°3i'S7"E RAD) S 1543;39" 06 25 16_ 172;90' ! 8°30'57"E 1134:50' 96*55'54" r i` ! a: �+ N.1.2605'.'4Q E a� (KC). �. PC.. d r i :Ir I 1 f ,gfQ��1jY�gi'j�&$�Li,FC96 q��q9� v° 1 l P�pk�3.�e-c71�t�S ➢79f91Y�'({- KQ.-i (Ip�ld/p,/��. t 1 N41 I � 6 � t�°'J?`39•`` � i j i' NOb`fl9'?tb'E L I St7E1T E:4-TM LINE 91-M-*31 Z O.R. 6-fiN:E.f1E f DR . fi o . a '�` O�f2ltpt sioo ?ao 1!YZI '{-50 ARN 2$.1-$7 o+ri>tR ,c4il.E ca T MPOR.ARY 00 1.STSUCTION EkSEMENT . d EXHIBIT 664" PARCEL NO. C-53 & C-55 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,County of San Bernardino 4104/2012 PLEASE COMPLETE THIS INFORMATION. >° DENNIS DRAEGER 1:42 PM Pl2D;,J ASSESSOR — RECORDER — CLERK EM RECORDING REQUESTED BY: San Bernardino Associated Governments,a Joint P Counter Powers Authority,acting as the San Bernardino County Transportation Commission Doc#: 2012-0129308 Titles: 1 Pages: 21 AND WHEN RECORDED MAIL TO: Fees 0.00 Rick E.Rayl Taxes 0.00 Nossaman LLP Other 0.00 18101 Von Karman Avenue,Suite 1800 PAID $0.00 Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDERS USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form#R25 American LegalNet,Inc. www.USCoufforms.com 1 NOSSAMAN LLP D RICK E. RAYL (SBN 174257) "`:• •-T SE �2 rrayl @nossaman.com AN N RD'.- STP T 3 BRADFORD B. KUHN (SBN 245866) bkuhn @nossaman.com _` r� .li? 4 Special Counsel } ,� 18101 Von Karman Avenue, Suite 1800 5 Irvine, CA 92612 Deputy Telephone: (949) 833-7800 6 Facsimile: (949) 833-7878 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1103179 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, BRIAN S. MCCARVILLE, DEPT S36 17 Plaintiff, [B"P D1 FINAL ORDER OF 18 VS.' CONDEMNATION 19 HOME DEPOT U.S.A., INC., a Delaware [Parcel Nos. C-53/C-55] corporation; et al., 20 Defendants. 21 Action Filed: March 9, 2011 22 [EXEMPT FROM FILING FEES - GOV. 23 CODE, § 61031 24 25 26 27 28 318321_L.DOC B]FINAL ORDER OF CONDEMNATION Alk r,-WYNN A 1 Plaintiff San Bernardino Associated Governments, a Joint Powers Authority, acting as the San 2 Bernardino County Transportation Commission ("SANBAG")having applied for entry of a Final Order 3 of Condemnation, Final Judgment in Condemnation having previously been entered, and SANBAG and 4 defendants having waived a Statement of Decision, and payment having been made in full,no other 5 party or person having or claiming to have an interest in the property being acquired or the 6 compensation to be paid for the property, and good cause appearing: 7 NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS 8 FOLLOWS: 9 1. The pro erty described in the attached Exhibit "A,"described as Assessor's Parcel 10 Numbers 0281-371-54 and 0281-371-55, located at 695 E. Hospitality Lane, San Bernardino, California, 11 and more particularly described as SANBAG Parcel Numbers C-53/C-55, consisting of permanent 12 easements of approximately 4,891 square feet, along with temporary construction easements of 13 approximately 5,437 square feet, is hereby condemned to SANBAG for the purposes of constructing, 14 maintaining, and operating the sbX E-Street Corridor Bus Rapid Transit Project("Project"), for the 15 purpose of all necessary and convenient activities associated with the construction of the Project and for 16 public purposes. The temporary construction easement shall commence seven days from the date upon 17 which SANBAG or its authorized representative provides the applicable defendant with written notice 18 of its intent to commence construction utilizing the temporary construction easement and shall terminate 19 on the earlier of(a) the date upon which SANBAG notifies the applicable defendant that it no longer 20 needs the temporary construction easement, (b) six months from the commencement date or the 21 temporary construction easement, or (c) December 31, 2013. 22 2. Additionally, SANBAG and Defendant Home Depot U.S.A., Inc., a Delaware 23 corporation ("Defendant"), agree to the following provisions: 24 (a) SANBAG shall require that at least two lanes of the four lane driveway along 25 Hospitality Lane (Home Depot Way) will remain open during construction of the Project so that 26 Defendant can maintain ingress to the Subject Property at all times during business hours (5:00 a.m. to 27 9:00 p.m.). Egress from the Subject Property shall be maintained through other driveways along 28 Hospitality Lane and Harriman Place at all times during business hours. 318321 I.DOC I �] FINAL ORDER OF CONDEMNATION 1 (b) Project-related construction work hours on Hospitality Lane shall be between 2 10:00 p.m. and 6:00 a.m. Monday through Thursday, and 12:00 a.m. to 6:00 a.m. Friday and Saturday. 3 SANBAG shall reasonably attempt to obtain approvals from the City of San Bernardino to limit the 4 Project-related construction work hours near Defendant's Property to 9:00 p.m. to 5:00 a.m. Monday 5 through Saturday. 6 (c) Excepting items for which Defendant has been compensated, upon completion of 7 construction, SANBAG will restore the landscape (trees, hedges, ground cover, etc.) and hardscape 8 components within the temporary construction easement area per Omnitrans' tree planting and planting 9 plans. Before installation of trees and other landscaping within the temporary construction easement, 10 SANBAG will contact Defendant to coordinate the placement of the trees and landscaping on the 11 Property. 12 (d) The cutting and capping of sprinkler facilities and other hardscape will be 13 conducted in such a manner that their functionality outside the Property will be maintained at all times, 14 and SANBAG will coordinate with Defendant before relocating, cutting or capping Defendant's existing 15 sprinkler facilities and other hardscape. 16 (e) SANBAG shall provide Defendant with the contractor's name and insurance 17 information. 18 (f) Without making any representations or assurances, SANBAG shall use its best 19 efforts to confirm with the City of San Bernardino that to the extent Defendant seeks to modify, change 20 or expand its use of the Subject Property, the setbacks for such modification, change or expansion of 21 use, will be based upon the property line locations that existed before SANBAG sought to condemn the 22 Subject Property. To the extent the City of San Bernardino refuses to give -- or does not give-- such 23 confirmation, this provision shall be waived. 24 (g) During Project construction, SANBAG shall erect, or allow Defendant to erect, 25 various signs that Defendant and other business are"Open for Business" at various locations along the 26 Hospitality Lane corridor as approved by the City of San Bernardino. 27 3. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 28 public purposes under Article I, Section 19 of the California Constitution, California Public Utilities z -fPfteP-� FINAL ORDER OF CONDEMNATION 1 Code section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. 2 The use for which SANBAG seeks to acquire the property, to wit, in connection with the Project and for 3 public transit improvements, is an was authorized by law and is and was a public use;the public interest, 4 safety, and necessity require the Project; the Project is and was planned and located in the manner that 5 will be most compatible with the greatest public good and the least private injury; and the Subject 6 Property is necessary for the Project. 7 4. Just compensation has been paid to defendants and has been accepted by defendants as 8 full payment of just compensation for the acquisition of the Subject Property, and the construction of the 9 Project in the manner proposed, including, but not limited to, severance damages, loss of goodwill, loss 10 of or damage to improvements pertaining to the realty, fixtures, equipment, and/or inventory, 11 precondemnation damages, claims for attorneys' fees, litigation expenses, statutory costs, interest, 12 relocation benefits and/or costs, and any and all other kinds of compensation, damage, or other claims 13 arising out of or relating to the taking of the Subject Property or construction of the Project. 14 5. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 15 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 16 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 17 shall be cancelled. 18 DATED: 2-71 Ny�\L-- *� k 19 7 '012 MAR 2 E JUDGE OF THE SUPERIOR COURT 20 JUDGE MAR,3HA SLOUGH 21 22 23 24 25 26 27 28 3 9 FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT "1" The land referred to herein is situated in the State of California, County of San Bernardino, and described as follows: Parcel 1 of Parcel Map No. 14007, as per Plat recorded in Book 170 of Parcel Maps, Pages 65 to 68, inclusive, in the office of the County recorder of said County. Excepting therefrom the sidewalks, sewers, storm drains, water mains, curbs,gutters, paving, electr611ers, street lights, street name signs, traffic signals and all appurtenances and appurtenant implements and rights (Collectively, the"Improvements") within Assessment District No. 961, in the City of San Bernardino, California,which Assessment District is shown and described in the Assessment Diagram for Assessment District No.961,recorded February 6, 1985 in Book 31,of Assessment District Maps, Pages 64,65 and 66,records of San Bernardino County,California, as described in the Deed to the City of San Bernardino, recorded April 11, 1985,as Instrument/File No. 85- 085510,of Official Records. 0281-371-54 ATTACHMENT"I" The land referred to herein is situated in the State of California,County of San Bernardino,City of San Bernardino,and described as follows: PARCEL 2 OF PARCEL MAP NO. 14007,AS PER PLAT RECORDED IN BOOK 170 OF PARCEL MAPS,PAGES 65 TO 68 INCLUSIVE,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE SIDEWALKS, SEWERS, STORM DRAINS, WATER.MAINS, CURBS,GUTTERS,PAVING, ELECTROLLERS,STREET LIGHTS, STREET NAME SIGNS,TRAFFIC SIGNALS AND ALL APPURTENANCES AND APPURTENANT IMPROVEMENTS AND RIGHTS (COLLECTIVELY,THE"IMPROVEMENTS") WITHIN ASSESSMENT DISTRICT NO. 961,IN THE CITY OF SAN BERNARDINO,CALIFORNIA,WHICH ASSESSMENT DISTRICT IS SHOWN AND DESCRIBED IN THE ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT NO. 961,RECORDED FEBRUARY 6, 1985 IN BOOK 31 OF ASSESSMENT DISTRICT MAPS,PAGES 64,65 AND 66, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA,AS DESCRIBED IN THE DEED TO THE CITY.OF SAN BERNARDINO,RECORDED.APRIL 11, 1985, AS INSTRUMENT NO. 85-0855 10, OFFICIAL RECORDS. 0281-371-55 C53-0281-371-54 C55-0281-371-55 I:EGfiL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT PARSONS 3200 E.G1r.•Sti Read,Suite 2.50,Ontaria,CA 1761 ?c"c-PhO.:e:903-218-., 6C0•F2x-9-33 218-3G(iS• vnvW.nxsc Is.Con i { EXHIBIT A RIGHT OF WAY AP 0281-371-55 THAT PORTION OF PARCEL 2, PARCEL MAP NO: 14007, IN THE CITY OF.SAN BERNARDINO, COUNTY OF I SAN BERNARDINO. STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 170,PAGES 65 THROUGH 68 '• OF PARCEL. MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: i BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2,ALSO BEING A POINT ON THE SOUTH 1 RIGHT OF WAY LINE OF HOSPITALITY LANE.(45:00 FEET HALF:WfbfH),THENCE ALONG THE NORTH LINE OF SAID PARCEL N.89 33'11"E.,A DISTANCE OF t06,7.1 FEET TO A POINT OF GUR1/E TO THE LEFT HAyIic1d A kA DlU$OF Z45,AQ FELT AND F1 CENTRAL ANGLE OF 01°47'29";THENCE EASTERLY ALONG THE AFC A bvii i>I.E.OF 2329 FEET TO THE EAST LINE: OF.�f�ID PARCEL,THENCE AWNG E7�. LINE S.OD°3.8'22:E:,A DI TANCE.OF 12.35 FEET TO THE ROINT OF CURVE OF A LION T�kI�IGENT CLII.I.E TO THE RL6HT,OF V1>MI FI ' TFIE RAD11US POIIt1T LIES N,QO°5026"W.,A RADIAL. DISTANCEAF 3M8A2 FEET;THENGI=tIVESTERLY AC04�G THE ARC',THROUGH A CENTRAL A-OGLE OF 00°32'38",A DISTANCE OF 3:47 FEET;THENCE 5.89°3 '.11 wI .A DIST/,INe:E O.F 73 25 FEET,THENCE N 47°08'50 V�1:.,A DISTAI' E.OF 3,65 FEET'THENCE 8,89" - 1.1"Ufl.,A DISTANCE OF 634 FEET,THENCE 43°04'56"W.,A DISTANCE OF 14:27 FEET;THENCE S.00.36 X41 A DISTANCE 017211$FEET;THENCE S,8.9°33'1j°"W_,A DISl•'ANCE OF 34.42 FEET TD THE WEST LINE OF SAID 1 PARCEL.THENCE ALONG SAID WEST LINE NV95872"W„A b.ISTANCE OF 2-2.60 FEET TO THE POINT OF BEGINNING, CONTAINING 1,916tOUARE FEET;MORE OR LESS. ALL'AS MORE PARTICULARLY'SHOWN ON EXHIBIT B ATTACHED HitREro AND MADE A PART HEREOF. pATED THIS 1$TH D/al'OFAIJi;l1ST,2010 rilflf�S�!' °fit.:-. w: Q N.. 7G U7. R B ITT EpWARD .`T '_ ...."MS;PE 25068 *. ,. REGI;MATIQIN EXPIR S't2131111' F.OF' llt: AW 02431-371.55 ROW - Page I BEARING & DISTANCE DATA CURVE DATA No. BEARING DISTANCE No. R A L 2 N89 033'11"E 106:71' a, --i66-02'745.00' 07°47'29" 23..29' N00°38'22'1( 22.00' 00°32'38" 3.4T 4. N89°33'1 1"E 3.4.42' 5 S00 036'54"E 2.16' 6 S43 064'56"W 14.27' 7 S89'33'1 1'W 6.34' 8 N47°08'58 W 3.65' 9 N89 033'11"E 73.25' 1 S00°38'22"E 12.35' 1 I1 1 � r - -------------------------------------L------------------------- HOSPITALITY LANE R-0..8. v S00°2649°E a RAO SO 2* 2 1 RAO -r--------- _ ----------------" N '.J 00°5 , 60E RAO 1 f RA0 w PARCEL 9 1 1 n 1 1 � 1 PARCEL NAp IND., 94407 1 1 , ` 1 1 o m EXHIBIT ,� B ��. PARSONS c'a ° CL -p* EA'S7 EUASTT ROA4, SV[TE 200 ( r M4/2010 p ONTARIO,CAUFORMIA 91161 -APH RIGHT OF WAY jf v t "ARSO US i 320C E.Gu3sh R;:ad.Sufic 200.Cntano,CA 91761 'elFp:•:c^.a:90G-21F-3WO•Fax z,. G'G-2tE-..�)5• •,rrr,K.pare:ons.cvir E I EXHIBfT A i RIGHT OF WAY i AP 0281-371-54 THAT PORTION OF PARCEL 1, PARCEL MAP NO 14007, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 170,PAGES 65 THROUGH 68 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID CQU.NTY, DESCRIBEQ AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1,ALSO BEING A POINT ON THE SOUTHEAST RIG}1T OF WAY LINE OF HOSPITALITY LANE-,AND THE BEGINNING,OF A CURVE TO THE LEFT.(3F W H TI-tE R/CD1US POINT UES N:02�°14117'W ,A RADIAL fl1S TANGE OF 745.0 FIE'THEt GE EASTERLY ALC3I�1G THE ARC,THF30UGH A CENTRAL AN - 26 39`59",A DISTAKC-E.OF 346.74 FEET T(J..A.POINT OF REVERSE CURVE TO THE RIGHT HAIFING.q RADIU.8 OF 40.00 FEET AND A CENTRA 71N LE OF 1'D 45'Q$"; TtiE1VGE NORTHEASTERLY AL0.uG THE ART.A,DISTANCE OF 7..51 FEET;Iii NCt I ,'W,'I¢50,5'I", QIST�INCE O* P 4'I 37 FEET TQ.q POINT OF RVE TG-t4 LEFT NAVING'A RA[iI11S bF 60.OQ l'EET AND A FENTFt�kL AIitGLE OF 15°37'57" I z NCE NORTHEAS'TERLY F bbtgq-THE ARG,ch_p(gTgIyGE OF 16.37 FEET TO A PQJNT OF COMPOUla1D CIJF VE TO.THE LEFT HA1 I�iC,A f 1o1U.S,OF 757:0q WET-- 'EN'P A`NC�LE OF 55'?I$ T�JFsICE'NORTHEASTERLY ALONG TWIt.ARCr A RISTfkNCE CIF 51.92 FEET Tb LfI�E 4R SAID Pl1R�sEL 1;74-NCE SOUTHERLY ALONG THE EASTEF;i Y LINE CIF 8}IID fxAi MOM' TERLY S 00"1 5 'V :;.A DfsNT NCE.QF 8 57 PEET—to' THE POINT 6F',C,uR-. E OF A 1V.OISI l`1N.GENT O.URVE l O TFIE RJL,HT,OF WI I1CH THE EIIA[11N$1��I(�j LIES,_N, 6PQ950"W .A RAbIAL S"i"A'NCE.OF 4b5.02 FEirT°TF{ENCE SOlJTFJIESTERLYAL"Ot�iC;.'THE, RC;THRO.UGH A CENTRAL.AIafGLE OF 10'0742;A D1TANCE OF 15'1,9.1 FEET;Tl E'P-'- B6°20 57"W.,A DISTp�NCE t�F 4317 FEET;THENCES pIRTgNOE OF 1F s 3 FI= T TO I}faOINT OF�JRVE 1 fl THE F2lCMTi,4ulA1G A.RADIUS F.366.'02 FEET AND A CEDITRAL AI4[OtE OF 16°90' 0 THENCE WESTERLY ALONG THE ARi✓ ;pl3`ff(>VCE OF 19227 FEET TO THE WESTERLY LINE`OF SA P ARCEL 1;TFiEI>1Ct.NORTHERLY ALOt'6 TNE11 t URLY LINE V:gAID PARCEL;N:00°38.7, 1(, " DISTAKE OF 12.35 FEET TO THE POINT OF BE"NPIfNG. NTAINI15fQ 2.976 SQUARfE..FEET',MORE.I?R LESS. ALLAJi MIORir PARTICULARLY SHOWN ON.EXIjIlBrr B ATTACHED HERETO AND MADE A FART-:HERM17. DATED TM 19TH DAY OF AUGUST,2010 ROBERT EDVIlARF3 PE.23068 . REGISTRATIZ)N EX IR•S-t-m-1/11 Ariv 0. ni ail s4f(uW Page.i u6D•1-MON-pS-ILL-18 ZNdY SS-] O102/6l/8 096bb00d:AQ patyotd - o 0 � Q W V \ � 00 _ v a- L ¢ rt .= 3 g ~ o � � M IL i, Q o W co\ 0&7 i cm C7 \ �QQ i \ CoJ i � a a i ` 1 - i \ q5� a i t rn ... 4 - iu —F Np ::;t o. - b ,o �. o j i , , �. C-2' o w O Z .O N 1 v q'J .O .o :4 N O6D'Z-MOtl-45-11E-192Nd SS-7 OIGZA t/8 09Gbb0Od:!Q DattOld o 0 to N _O to v em .. O —n u-, Q f w .- Bt i I— d m \ a a. . \ W M o N ♦ 6� 1 c \ 0 0.h y 4 a Pup; o'm T a �+ r "max- ♦ RAA W'e ID "O to 40 ci} a N .a a ca .2 N i 3 \. 4 v _ +cS • co p er: .of ♦ iC4 Q , UJ � rQ ♦ z - o zko la V' cif 9 cc ♦ S4 z as - o cr- r; o 4! Z LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT k"I'AARSONS 3200 E.Gust:Read.Suite 700,0maro.CA 91.'61 T=I_p;ione:?0:3-218-360:;•Far.9015.218--lK,5. wv�v.oarsors.ccri EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0281-371-55 THAT.PORTION OF PARCEL 2,PARCEL MAP NO 14007,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 170,PAGES,65 THROUGH 68 OF PARCEL MAPS,IN THE OFFICE OF THE COUNT FOLLOWS: Y RECORDER OF SAID COUNTY,DESCRIBED AS COMMENCING AT THE NORTHV!7E5T CORNER QF SAID PARCEL 2.,ALSO BEING A POINT ON THE SOUTH RIGHT OF WAY LINE OF HOSPITALITY LANE(45 QQ FEET NALF WIDTH,); ALONG THE WEST LINE OF SAID PARCEL SOUTH 00138'22 EAST 2-2-.00 FEET TO THE TRUE.P..OINT OF BEGINNING,;THENCE N.89"33'1'1"E.,A DI STAN QE.OF 34AZFEET;THENCE N�00165a4•W;,A DISTANCE OF 2.16 FEET;THENCE N.4;°•04'56"E.,A 015 VAN'CE•OF 1427.FEET;THENCE 1A:8J°33.11'•E:;A RISTAI�i!CE.(F 6.34 FEET;THENCE 5~47:T8'58'E.,.A DISTANCE.OF 3:0 FEET,l HENCE N:$9°33'11"E.,A DISTANCE OF 73.25 FEET TO A POINT OF CURVE TO THE LEFT HAVING T`G A RADIUS OF 366.02 FE AND A CENTRAL ANGLE.-OF 6b°3213$";THENCE EASTERLY ALONG THE ARC.A DISTANCE-OF 3 47 FEE7 TO THE AST LINE OF SAID PARCEL,THENCE ALONG SAID EAST LINE 9a00°38'22"E.;A OIST'AN0l—=:C)F 8.:413 FEET Td THE POIJNjT Q_F CllR1/E OF AI4"DR{ TANGENT CURVE TO THE RIGHT. Sl1)*HICI 1 TtiE{3ADliJ3 ROINT LIE -.03 -0'03 33''W,i�E27 DIAL QISTANCE OF 512 53 FEET THENCE WES3TEF?:1.y AIOG T}iE ARC THFtOUGI A CENTRAL ANGLJs©F(YZ'36'4 ,A DISTANCE 9F,23.37 FEET THENL!,E $ °13'26"VY,A DISTANCE OF 30...T4 FE€T;THE.NI~E S_8.9 44'44"W.,A DISTANCE OF 14.8 FEET;THEN I E.K47°0V58"W.,;A pISTANCF;-OF 14.91. FEET TO A POINT OF CURVE TO THE LEFT HAVING A.rAD1US ?F .Qp FEE1'ANQ A.CJ=1aiTRALAI�IGI_E OF 89°4G'Q7 THENGEIIVESTERI�Y AL C)NG THE ARC A DrSTANCE b'F,6,:Z7 FEET';THENCE&43°04'55"W_A DISTANCE OF 111.3U:17EET TO A POINT t F CU,I 1/E TO l HE.LEFT.HAfi/11�.G A RApIUS:OF 3:50 FEET AND..A:CENTRALANGLE OF 88'59'Q8"; THENCE SOUTHERLY AL0.X0 THE ARC-X.01809CE"OF 5.1.44 FEET;THENC a&4&154'12'E,A DlSTA�1 E OF 7.74 FEET;TT 1ENCE S:4z;(f5'46-V' ,A t3lSTA1VC-E OF 2.20 FEET;1111 E S:89" 3'd 1'VY AI71 T ANGE OF 40.47 FE.EI`TO TiiE WEST UNE OF SPIID'-pARC L;T}1ENCE,�iLON"SAID WEST Lit., 21W, Pi•[71STANGE OF 1.U,44.FEET TO tRETPUE.POlt1T,OF$EOMINII!TG:. COWAIN1NG 1:188.8QVARE FEET.IVIORE:O.1$LESS.. ALL AS MORE PARTICULAR y S1-1bH1fN QN EXH1141T B ATTACHED HERETO AND MADE APART HEREOF. DATED-THIS.18TH DAY OF AUGUST,Z01 �t�Q�FSS�,•. s AK '. No m . ROBERT EDWARD S PE 250-68 REGISTRATION EXPIR-S 12f31111 • APN 0287.37155 TC6 Page 1 BEARING & DISTANCE DATA CURVE DATA No. BEARING DISTANCE No. R A L 1 N00 038'22"W 10.44' 5 3.5' 88°59'08" 5.44' Q2 N89 0 33'11"E 40.47' 7_ 4.0' 89°46'07" 6.27' 0 N44 005'48"E 2:20' 1 512.53' 02 936'45" 2.3.37' 4 N45 054'12"W 7.14' 1 366.02' 00 032'38" 3.47' 6 N43°04'56"E 11.70' 8' S47 008'58'E 14.91' 9 N89 044'44"E 14.83' , 1 N89 013'26"E 30.74' 1 N00°38'22"E 9.98' 1® N89°33'11'E 73.25' ; - 1 N47°08'58"W 3.65' 1® 589°33'1rW 6.34' 1 543°0'4'56"W 14.27' 1 500°36'54"E 2.16' --------------- 1 .: N89°33'1:1"E 3.4.42' N0038'22"W 22.00' v HOSPITALITY _ LANE ---- N46 055'04"W N42°51'02"E Lo RAO RAO" \-�y N46°55.:04'11 500°26'48"E �\ RAO 1 RAO 1. RAO 7 1 ..6. .. SQV 03�WE c g 9 10 1 i RAC a 4.< '3' N S4 *W48"W. SOQ46`49"E i BAD PARCEL 9 i i I PARCEL NOIN®. moo i a ---------------1 0 EXHIBIT " B PARSONS °� 05A2F1010 r ONTARIO.GA(IFORH[o91'76I SUITE z00 APN -2W371-55 e- TEMPORARY CONSTRUCTION EASEMENT 04 i 3200 E.GUxnfi Roao;Suite 200,Ontario,.CA 91 .?4epl or._•'909-21 -3600•Fax 9639-21.8.3a:' w:vnv.oarsrrs.cont EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0281-371-54 THAT PORTION OF PARCEL 1; PARCEL MAP NO. 14007, IN THE CITY OF SAN BERN.ARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 170,PAGES 65 THROUGH 68 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED. AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 1,ALSO BEING A POINT ON THE SOUTHEAST RIGHT OF WAY LINE OF HOSPITALITY IANE-THENCE ALONG THE WEST LINE OF SAID PARiCI=L SOU 4001311'22 EAST 12 5 FEET TO THE TRUE POINT OF BEG INN.[N�G BEING ON A i NoNTANGtNT CURVE CGNCAVE.' RTFiWESTERI„Y HA-'__aNG A RADIUS©"F 36@ 2 FEET,. OF WHICH THE RAOtU;;POIl.T LIES N 00 59`26"W 1'T HENCE EASTERLY AllJhIG THE ARC,'fiHRO(J' H AEt�TRAL AIdGI E OF 1.6.00'3p",A L)I TANCE OF 10-2 27 FEET THENCE.N.73°00'04 E A DISTANCE OF `65 t-3 FEET`' {ENCE N.68°ZO'57"E.,A.DISTANCE OF 43-1.7-'FEET TO THE POINT OF CURVE OF ANON ii;N-ENT CUR E TO THE LEFT:Of WI IOH THE RADJkI.S POINT LIES N-174,0-.08'W-ilA:RA.pIAL DIST/�[�10 OF, 4554:ZFEET;Tl*IEfi10E N RT1 iEASl ERLY ALONG THE ARC,Tlit;OUCH A CENTRAL ANGLE OF 19°07'7#2",A DISTAI -E OF 161:91 FEET;TO TFIE EASTERLY'LINE OF SAID Px1F'tCEL 1,THENCESQUTHERL�Y.ALON'16 TU`F EASTEF LY UNE.OF SAID::PARCEL',:S:OU 12'S7"IN.,.ADISTANCE OF 12,86 FF_ET TO.THE POINT OF C.UI VE"OF-A IVOIV TANGENT C{1f~�/E TO THE RIISI T OF il1th11Gli T};1E}?�4 LU$POINT UES;N:36°44'2ti"W.,A RADIAL DISTANCE OF774.00 Frl=ET TH�N6E SaU f HV E TER,Y ALC3NJ+S THE ARC.T1 IRDUGH A'CENTRAL ANGiLE OF 00.96`01",.A DISTAGciE"OF 135 FEET TFJENCl=IV.3I3�0614 tN,A,Dt$TAI�(CE OF 540 FEET,TTIECGE S 5:3s47'39'IRY6.,A DISTANCE C)F 21 9 FEET;THE(LEE=0136"i$'21'1lY.,AD1S FANtsE OF 2:38'FEE?;THEt10E s..85°24'TW:,A: D.iS f ANCE C1F� ,Z3 FEET T.O A PO[iVT aF CU..R E Ti?THE RIGHT HAVI•NIG A RADMII 'OF 61 ,53:FEET AND A CEM EtAL ANGLE OF 17 36 Q1"THENCE S�l1TH1NESTERLY ALONG Th1E EIRC A DISTAIi10E CTF 157 44 FEET; Th�ENCE�,7t"00.94"WY AJ715� ,1+IGE.Qir 142.9b FEET TQ A•POIN ;QF Gt3R1/ TO TFi)=..R{ HT F AVING A RAG3LltS OE 51 53 FEET AND A C1=NTRAL ANGLE OF 13'66'22";THENCE Wt57E}#i.X A{046 THE SRC A DISTANCE"01=1 24 69=FEET i.TG3THE 11tlESTERLY'LINE:-OF'AiD PARCEL T-THENCE N(JRl THE WES.TE.R--Y UNE OF cpJP PARCEL-,N.t3.4°3M-"'-'W„A QISTANCE IJ.F=9.�B;FEET ZQ.THE TKtJU POT[�Il"F. B€�intl�iiw�� CONTAINING•4=SQUARE FEET,MORE OR LESS. -ALL:AS MORE Pi1vE-MC JL_AIiLY$HOWN ON EXHIBIT B ATTAb-HED HERETO AND MADE.A PART HEREOF. DATED'THIS 18TH DAY OFAUGOST,2(110 . AR. C d. ROBERT EDWARD STEAFF PE<25068 1 : . •Q. REGISTRATION EXPIRES 12IS1/11 APN 0281 371 54 TCE - Page 1 06p't-331-bS-LL£-t BZNdtl SS-7 Ot02/6 v8 0966s00d:Aq pa}lold o_ O N � � O 11 O F— z ul W SNF� w cc 1 \ \ P C Fm- N t!1 tl: Ld \ a. \1 d LU. \, CV 1 1 7 \ q51 1 � t us 4n. Lm cA z � O uj O' M3 1n �O � 4D :t.W , 1 cy t l 1 i 1 L lv " Z iG X.G1.P M t' c9 y ;m ,N � • Li _ Q .Q. Z.�Q' to O�tV. l�Y 1 .i M p .. 'G3• tAJ CF u6p-Z-301-K-1LE-iUZNdY-SS-0 0LOZ/6 L/B 0966100d :6a pa-iptd p O N PO 11 0 U ` F w / 00D w COD ai ut % Qg). m z --A e o 4 • � w Q O' LL M N ul to a �, ps :o co In In o � _ C 7� _ a It{ N cm can ss- 1— \� Z a Q (V.M .cam q� LAJ 4!r N \ 4 ,.n LLJ EAJ ,pjf pC N to • b M In-1�. 1[5 - {L [c z �c. pp r EXHIBIT "5" PARCEL NO. C-54 & C-56 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,County of San Bernardino 311512012 PLEASE COMPLETE TMS INFORMATION. DENNIS DRAEGER 2:20 PM ALS CAR flog6z-( 5-_ H ? ASSESSOR — RECORDER — CLERK RECORDING REQUESTED BY: San Bernardino Associated Governments,a Joint P Counter Powers Authority,acting as the San Bernardino County Transportation Commission Doc#: 2012—0103337 Titles: 1 Pages: 15 AND WHEN RECORDED MAIL TO: Fees 0.00 Rick E.Rayl Taxes 0.00 Nossaman LLP Other 0.00 18101 Von Karman Avenue,Suite 1800 PPID $0.00 Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, §6103] THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Aff*rican Legaffiet,Inc. Rec.Form#R25 www.USCoufforms.00m I NOSSAMAN LLP RICK E. RAYL(SBN 174257) 2 rrayl @nossaman.com BRADFORD B. KUHN(SBN 245866) SUPERIOR COURT O F CnAUFORNIA 3 bkuhn @nossaman.com COUNTY OF SAN BERNARDINO Special Counsel SAN BERNARDINO CIVIL DIVISION 4 18101 Von Karman Avenue, Suite 1800 5 Irvine, CA 92612 FEB 0 9 2012 Telephone: (949) 833-7800 6 Facsimile: (949) 833-7878 sY �. ,�.L DEPUTY TERESA WARNER, 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 13 FOR THE COUNTY OF SAN BERNARDINO 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1105670 15 GOVERNMENTS,a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE DONNA GARZA,DEPT S38 17 Plaintiff, W1D] FINAL ORDER OF 18 v3. CONDEMNATION 19 BNSF RAILWAY COMPANY, a Delaware corporation; 20 RANCON REALTY FUND V SUBSIDIARY [Parcel Nos. C-54/C-56] TWO LLC, a Delaware limited liability company; 21 DOES 1 Through 100, Inclusive; and ALL PERSONS UNKNOWN CLAIMING ANY Action Filed: May 2,2011 22 TITLE OR INTEREST IN OR TO THE 23 PROPERTY DESCRIBED HEREIN, (EXEMPT FROM FILING FEES -GOV. CODE,§ 61031 24 Defendants. ! k '25 X26 t 27 M 317339 i.DOC FINAL ORDER OF CONDEMNATION I Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission("SANBAG"),having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to an Interlocutory Judgment in Condemnation, and SANBAG and 4 defendants having waived a Statement of Decision, a Final Judgment in Condemnation having been 5 entered, and payment having been made in full, no other party or person having or claiming to have an 6 interest in the property being acquired or the compensation to be paid for the property, and good cause 7 appearing: 8 NOW,THEREFORE,IT IS HEREBY ORDERED as follows: 9 1. The property described in the attached Exhibit"A,"described as Assessor's Parcel 10 Numbers 28135123 and 28135124, located at the northwest corner of E. Carnegie Drive and E. 11 Hospitality Lane, San Bernardino, California, and more particularly described as SANBAG Parcel 12 Numbers C-54 and C-56, consisting of a permanent easement of approximately 1,926 square feet, along 13 with a temporary construction easement of approximately 3,168 square feet, as described in SANBAG's 14 complaint on file in this matter("Subject Property"),is hereby condemned to SANBAG for the purposes 15 of constructing, maintaining and operating the sbX E-Street Corridor Bus Rapid Transit Project 16 ("Project"), for the purpose of all necessary and convenient activities associated with the construction of 17 the Project and for public purposes. The temporary construction easement shall commence seven(7) 18 days from the date upon which SANBAG or its authorized representative provides the applicable 19 defendant with written notice of its intent to commence construction utilizing the temporary construction 20 easement and shall terminate on the earliest of(a) the date upon which SANBAG notifies the applicable 21 defendant that it no longer needs the temporary construction easement, (b) six (6)months from the 22 commencement date of the temporary construction easement,or(c)December 31, 2013. 23 2. The Parties agreed to the following.provisions: 24 (a) The cutting and capping of sprinkler facilities will be conducted in such a manner 25 that their functionality outside the easement area will be maintained at all times. The contractor will 26 coordinate with Defendant BNSF Railway Company, a Delaware corporation ("Defendant")before 27 relocating, cutting or capping Defendant's existing sprinkler facilities. 28 (b) Before installation of trees and landscaping,the contractor will contact Defendant 317339 LDOC FINAL ORDER OF CONDEMNATION I to coordinate the placement of the trees and landscaping on Defendant's property. 2 (c) Excepting items for which the Defendant has been compensated, upon completion 3 of construction, the contractor will restore the landscaping within the temporary construction easement 4 area per Omnitrans' tree planting and planting plans. 5 3. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 6 public purposes under Article I, Section 19,of the California Constitution, California Public Utilities Code 7 section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 8 for which SANBAG seeks to condemn the Subject Property,to wit, in connection with the Project and 9 for public transit improvements, is and was authorized by law and is and was a public use; the public 10 interest, safety, and necessity require the Project; the Project is and was planned and located in the 11 manner that will be most compatible with the greatest public good and the least private injury; and the 12 Subject Property is necessary for the Project. 13 4. Just compensation has been paid to Defendant, and such sum was accepted by Defendant, 14 as full payment of just compensation for all claims of any nature,including without limitation all claims 15 for severance damages,relocation assistance,business goodwill,real and personal property, fixtures, 16 equipment,damages,compensation, fees,costs, and litigation expenses,other expenses,interest, and any 17 and all other claims which have been or could have been raised in the lawsuit. 18 5. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 19 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 20 of California. All liens, leaseholds, and encumbrances of whatever kind and nature on the Subject 21 Property shall be cancelled. 22 23 Dated: 24 F H SUPERIOR COURT 25 s�®KINA GU 4fVELL GARZP. 26 27 28 2 FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTI®NN FOR LARGER PARCEL ATTACHMENT"1" The land referred to herein is situated in the State of California,County of San BernardinQ'_ and described as follows: 0281-141-24 THAT PORTION OF LOT 13,TRACT NO. 12034,AS SHOWN BY MAP ON FILE IN BOOK 168 OF MAPS,PAGES 75 THROUGH 87,INCLUSIVE,RECORDS OF SAN BERNARDINO DESCRIBED AS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 13,BEING THE CORNER COMMON WITH LOT 14,SAID POINT BEING ON A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1045.00 FEET THROUGH WHICH A RADIAL LINE BEARS NORTH 31°01' 04"WEST,ALONG BEING THE NORTHERLY LINE OF HOSPITALITY LANE AS SHOWN ON SAID TRACT; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 040 30'20",AN ARC LENGTH OF 82.18 FEET TO THE TRUE POINT OF BEGINNING,AID POINT BEING ON A NON-TANGENT LINE THROUGH WHICH A RADIAL LINE BEARS NORTH 350 31'24"WEST; THENCE CONTINUING SOUTHWESTERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 11°28'29",AN ARC LENGTH OF 209.28 FEET,TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE NORTH,HAVING A RADIUS OF 20.00 FEET THROUGH WHICH A RADIAL LINE BEARS NORTH 460 59'54" WEST; THENCE WESTERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 860 36'3 1"AN ARC LENGTH OF 30.23 FEET,TO A POINT ON THE NORTHERLY LINE OF A CARNEGIE DRIVE AS SHOWN ON SAID TRACT; THENCE NORTH 500 23'22"WEST ALONG SAID LINE A DISTANCE OF 232.90 TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 1243.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 04°07' 12",AN ARC LENGTH OF 89.38 FEET,TO A POINT ON A RADIAL LINE; THENCE NORTH 350 29'26"EAST ALONG SAID LINE,A DISTANCE OF 261.21 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 150.00 FEET; THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 12°33'07",AN ARC LENGTROF 32.86 FEET,TO A POINT ON ANON- TANGENT LINE THROUGH WHICH A RADIAL LINE BEARS SOUTH 67'03'41"EAST; THENCE SOUTH 890 45'48"EAST,A DISTANCE OF 268.30 FEET; C54 and C56-0281-351-24 and 23 THENCE SOUTH 000 14' 12"WEST,A DISTANCE OF 303.59 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE SIDEWALKS,SEWERS,STORM DRAINS,WATER MAINS,CURBS,GUTTERS, PAVING,ELECTROLLERS, STREET LIGHTS,STREET NAME SIGNS,TRAFFIC SIGNALS AND ALL APPURTENANCES AND APPURTENANT IMPROVEMENTS AND RIGHTS(COLLECTIVELY,THE"IMPROVEMENTS")WITHIN ASSESSMENT DISTRICT NO.961, IN THE CITY OF SAN BERNARDINO,CALIFORNIA, WHICH ASSESSMENT DISTRICT IS SHOWN AND DESCRIBED IN THE ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT NO.961,RECORDED FEBRUARY 6, 1985 IN BOOK 31 OF ASSESSMENT DISTRICT MAPS, PAGES 64,65 AND 66,RECORDS OF SAN BERNARDINO COUNTY,CALIFORNIA,AS DESCRIBED IN THE DEED TO THE CITY OF SAN BERNARDINO, RECORDED APRIL 11, 1985 AS INSTRUMENT NO.85-085510, OF OFFICIAL RECORDS. SAID LAND IS DESCRIBED AS PARCEL I OF EXHIBIT"B"PURSUANT TO A CERTIFICATE OF COMPLIANCE,LOT LINE ADJUSTMENT NO.90-27 BY CITY OF SAN BERNARDINO,RECORDED NOVEMBER 9, 1990 AS INSTRUMENT NO.90450872 OF OFFICIAL RECORDS. C54 and C56-0281-351-24 and 23 LEGAL DESCRIPTION AND PLAT M1LP FOR PERMANENT EASEMENT PARSONS ^2nr E.rjss8 Rcad.S:!iie 21)0,Omar:; C.a 91761 •i elephcne:5J9-2 B-3r_J•:ar 909-213-3605• wmrv.parsons.com EXHIBIT A RIGHT OF WAY AP 0281-351-23&24 i THAT PORTION OF PARCEL 1,CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO.90-27,IN t THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER DOCUMENT,RECORDED NOVEMBER 9,1990 AS INSTRUMENT N0.90-450872 OFFICIAL RECORDS,IN THE f OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: } BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1,BEING A POINT ON THE NORTHWESTERLY ` RIGHT OF WAY LINE OF HOSPITALITY LANE(45.00 FEET HALF WIDTH)AND THE BEGINNING OF A CURVE ! TO THE LEFT,OF WHICH THE RADIUS POINT LIES S.35°59'18"E.,A RADIAL DISTANCE OF 1,045.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 11°28'40",A DISTANCE OF 209.34 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 86°36'31";THENCE WESTERLY ALONG THE ARC,A DISTANCE OF 30.23 FEET;THENCE N.50°51'27"W.,A DISTANCE OF 12.71 FEET;THENCE N.39°08'33"E.,A DISTANCE OF 4.85 FEET;THENCE j S.50°51'27"E.,A DISTANCE OF 16.29 FEET;THENCE N.85°57'24"E.-A DISTANCE OF 10.98 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES S.47°50'37"E.,A RADIAL DISTANCE OF 1,053.00 FEET;THENCE NORTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 12°10'06",A DISTANCE OF 223.63 FEET TO THE EASTERLY LINE OF SAID PARCEL 1;THENCE S.00°1 2'35"E.,ALONG SAID EASTERLY LINE,A DISTANCE OF 9.84 FEET TO THE POINT OF BEGINNING. CONTAINING 1,926.SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 9TH DAY OF SEPTEMBER,2010 QepFESSlp,�, *AROSl�Fy _i A, T C4 w +� m L m NO_ m m 2 . 50 �? s, ROBERT EDWARD S EA PE 25068 REGISTRATION EXPIR 12/31/11 FO CAL\FAQ APN 0281-352-23n24 ROW Page t BEARING &DISTANCE DATA CURVE DATA No. BEARING DISTANCE No. R p L 3 N50 051'27"W 12.71' 1 1045.00' 11°28'40" 209.34' 4 N39°08'33"E 4.85' 2 I 20.00' 86°36'31" 30.23' LOT Uk 5 55051'27 E 16.29' 7 1053.00' 12 90'06" 223,63' PARCEL 2 6 N85°57'24"E 10.98' LLA No.90-27 INST.No.90-450872 O.R. (87 S00°12'35"E 9.84' REC 11/9/1990 ; LOT 13 TRACT 1�WACp UV®. 934�� 535°40'31"E qU 9 ; �. 0. og / 5-87 RAD � S35°59'18"E ' 8/ RAO PARCEL 1 P.O.B. LLA No.90-27 INST.No.90-450872 O.R. REC 11/911990 i S47°50'37"E \ RAD 9p_ 4 6 3 N4 7°27'S8'1V � 2 (PRC) N39°08'33"E ?�<(►� (RAO) / o . a A PARSONS EXHIBIT " B " °"`°`��& a �` 06/30/2010 n ONTARIO.IO. WASR7 ROAD,SUITE xoo APH 281-351-23 & 24 ' 1°�0' a 0NTAR(0, CALIFORNIA 91761 - RIGHT OF :YA`: 1 of 1 6 e LEGAL DEC TION AT-TD ri.AT TvIAF FOR `j'F-kM-OR.A-.-RY C"fr NSTI�T�JC'TION E SF1VC NT PARSONS .i2GC`E.G-as5 Rcad,Suite 20i1,Ontario,CA 517661 .Te!ep`onc:'909.21=•;600•=ar.9C9.2.18-3605 rn:.v.p�r;nne.co^� EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0281-351-238.24 THAT PORTION OF PARCEL 1,CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO.90-27, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER DOCUMENT,RECORDED NOVEMBER 9, 1990 AS INSTRUMENT NO.90-450872 OFFICIAL RECORDS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: f COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 1,BEING A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF HOSPITALITY LANE(45.00 FEET HALF WIDTH);THENCE ALONG THE WEST LINE OF PARCEL 2 OF SAID LOT LINE ADJUSTMENT NO.90-27,N.00-12.35"W.,A DISTANCE OF 9.84 FEET TO THE TRUE POINT OF BEGINNING;SAID POINT ALSO BEING THE BEGINNING OF A CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIES S.35°40'30"E.,A RADIAL DISTANCE OF 1,053.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 12°10106",A DISTANCE OF i 223.63 FEET;THENCE S.85°57'24"W.,A DISTANCE OF 10.98 FEET;THENCE N.50°5'1'27"W.,A DISTANCE OF 16.29 FEET;THENCE S.39°08'33"W.,A DISTANCE OF 4.85 FEET;THENCE N.50°51'27"W.,A DISTANCE OF 14.12 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES 3.54°48'47"E.,A RADIAL DISTANCE OF 40.00 FEET:THENCE EASTERLY ALONG THE ARC. THROUGH A CENTRAL ANGLE OF 80°06'37",A DISTANCE OF 55.93 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES S.46°17'34"E.,A RADIAL DISTANCE OF 1,063.00 FEET;THENCE NORTHEASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 11°00'02";A DISTANCE OF 204.09 FEET THENCE S.00°12.35"E.,A DISTANCE OF 12.25 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 3,168 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 9TH DAY OF SEPTEMBER,2010 �oQy QFESS/o ARpSr.% CD �T Lu cn N0. m r�+i r� I CC C) 25 8 -- rn 1 ROBERT EDWA.R 5T ENS,.PE 25068 REGISTRATION EXPIRES 12/31/11 APN 0281-351-23n24TCE Page 1 BEARING &DISTANCE DATA CURVE DATA No. BEARING DISTANCE No. R D L. 2 S85°57'24"W 10.98' 1 1053.00' 12°1.0'06" 223.63' ® 1 Q 3 N50°51'27"W 16,29' 6 40.00' 80°06'37" 55.93' 1 U 4 539°08'33'11 4.85' 7 1063.00' 11°00'02" 204.09' PARCEL 2 5 N50°51'27"11 14.12' LLA No. 90-27 INST. No. 90-450872 O,R. 8 S00°12"35"E 12.25' REC 11/9/1990 9 N00°12'35°W 9.84' LOT 13 Rfo��1y��7 M �1c�nc� � u WIIddIC No. UCSVc3� S35°17'32"E 8 log / p -�p (RAD T.P.0.8. / S35°40'30"E 9 PARCEL 1 (RAD / LLA No. 90-27 / INST..No. 90-450872 O.R. / REC 11/9/1990 / P.O.C. 7 /- S54°48'47 E RAD) /= i R=l 1 3.0E z 060' R=13.0 / N25°17'S0"E / / (R=40.00') / 5 4 a 3 N47°50'37"W 2 (RAD) i PARSONS EXHIBIT " B " -54&% 3ZOO EAST 6UASTI ROAD, SUITE Zoo uac 06/30!2010 n O1ITARTo, cALIFORMIA 91761 APN 281-351-23 & 24 TEMPORARY CONSTRUCTION E" SE"�EHT i'$"° o11 EXHIBIT "6" PARCEL NO. C-59 (FINAL ORDER) [SEE ATTACHED] PLEASE COMPLETE THIS INFORMATION. Recorded in Official Records,County of San Bernardino 9/09/2011 DENNIS DRAEGER 4:07 PM RECORDING REQUESTED BY: ASSESSOR — RECORDER — CLERK I3N San Bernardino Associated Governments,a Joint a ,w Powers Authority, as the San Bernardino ty, g P Counter County Transportation Commission AND WHEN RECORDED MAIL TO: DOe#: 2011 —0377362 Titles: 1 Pages: 14 Rick E.Rayl Fees 9.00 Nossaman LLP Taxes 0.00 18101 Von Karman Avenue,Suite 1800 Other- 9.00 Irvine,CA 92612 PAID $0.00 [EXEMPT FROM FILING FEES- GOV.CODE, §6103] THIS SPACE FOR RECORDERS USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form#R25 American LegaiNet,Inc. www.USCourtForms.com 1 1 NOSSAMAN LLP RICK E. RAYL (SBN 174257) 2 rrayl @nossaman.com F I L E D BRADFORD B.KUHN(SBN 245866) SUPERIOR COURT 3 COUNTY OP SAN BERNARDINO bkuhn@nossaman.com SAN BERNARDINO DISTRICT 4 Special Counsel SEP 0 9 2011 18101 Von Karman Avenue, Suite 1800 5 Irvine, CA 92612 Telephone: (949) 833-7800 BY �lJ 6 Facsimile: (949) 833-7878 DDEPUV 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS1103197 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE JOHN P. VANDERFEER, DEPT. S37 17 Plaintiff, ] FINAL ORDER OF 18 VS. CONDEMNATION 19 TONY R. PADILLA, as TRUSTEE OF THE TONY AND ARMIDA PADILLA 2002 TRUST [Parcel No. C-59] 20 DATED APRIL 19, 2002, et al., 21 Defendants. Action Filed: March 9, 2011 23 [EXEMPT FROM FILING FEES- GOV. CODE,§ 6103] 24 25 26 27 28 311769_I.DOC FINAL ORDER OF CONDEMNATION 1 Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission("SANBAG")having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to a Final Judgment in Condemnation, and SANBAG and defendants 4 having waived a Statement of Decision,judgment having been entered, and payment having been made 5 in full,no other party or person having or claiming to have an interest in the property being acquired or 6 the compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE,IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit"A," described as Assessor's Parcel 9 Number 28136111, located at 777 E. Hospitality Lane, San Bernardino, California, and more 10 particularly described as SANBAG Parcel Number C-59, consisting of a permanent easement of 11 approximately 2,095 square feet, along with a temporary construction easement of approximately 1,929 12 square feet,as described in SANBAG's complaint on file in this matter("Subject Property"),is hereby 13 condemned to SANBAG for the purposes of constructing,maintaining and operating the sbX E-Street 14 Corridor Bus Rapid Transit Project("Project"), for the purpose of all necessary and convenient activities 15 associated with the construction of the Project and for public purposes. Reasonable driveway and 16 pedestrian access to the remainder of the larger parcel will be maintained during business hours. The 17 temporary construction easement shall commence seven (7)days from the date upon which SANBAG or 18 its authorized representative provides the applicable defendant with written notice of its intent to 19 commence construction utilizing the temporary construction easement and shall terminate on the earliest 20 of(a) the date upon which SANBAG notifies the applicable defendant that it no longer needs the 21 temporary construction easement, (b) six (6)months from the commencement date of the temporary - ---22-- -constr-action-easement,or-(c) December-3-1-,-2.01-3r-------_--_------.-__-----_ -----_-_-_-__.--__-------_------------- 23 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 24 public purposes under Article 1,Section 19,of the California Constitution,California Public Utilities Code 25 section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 26 for which SANBAG seeks to condemn the Subject Property,to wit,in connection with the Project and 27 for public transit improvements,is and was authorized by law and is and was a public use; the public 28 interest, safety, and necessity require the Project; the Project is and was planned and located in the i FINAL ORDER OF CONDEMNATION I manner that will be most compatible with the greatest public good and the least private injury; and the 2 Subject Property is necessary for the Project. 3 3. Just compensation has been paid to Tony R. Padilla,.as Trustee of the Tony and Armida 4 Padilla 2002 Trust Dated April 19,2002,Armida Padilla,as Trustee of the Tony and Armida Padilla 5 2002 Trust Dated April 19, 2002, and CEC Entertainment, Inc., a Kansas corporation, dba Chuck E. 6 Cheese's (collectively, "Defendants"), and such sum was accepted by the Defendants, as full payment of 7 just compensation for all claims of any nature,including without limitation all claims for severance 8 damages,relocation assistance,business goodwill,real and personal property, fixtures,equipment, 9 damages, compensation, fees, costs,and litigation expenses, other expenses,interest,and any and all other 10 claims which have been or could have been raised in the lawsuit. 11 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 12 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 13 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 14 shall be cancelled. 15 16 Dated: I 17 JUDGE OF HE UPERYOR COURT 18 19 I 20 21 -- --22 23 24 25 26 27 28 2 FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"1" The land referred to herein is situated in the State of California,County of San Bernardino, City of San Bernardino,and described as follows: PARCEL 1 PARCEL MAP 11370,IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 127 OF PARCEL MAPS,PAGE 3 RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE SIDEWALKS,SEWERS,STORM DRAINS,WATER MAINS,CURBS,GUTTERS,PAVING,ELECTROLLERS,STREET LIGHTS,STREET NAME SIGNS,TRAFFIC SIGNALS AND ALL APPURTENANCES AND APPURTENANT IMPROVEMENTS AND RIGHTS(COLLECTIVELY,THE"IMPROVEMENTS")WITHIN ASSESSMENT DISTRICT NO:961,IN THE CITY OF SAN BERNARDINO,CALIFORNIA, WHICH ASSESSMENT DISTRICT IS SHOWN AND DESCRIBED IN THE ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT NO. 961,RECORDED FEBRUARY 6, 1985 IN BOOK 31 OF ASSESSMENT DISTRICT MAPS,PAGES 64,65 AND 66,RECORDS OF SAN BERNARDINO COUNTY,CALIFORNIA,AS DESCRIBED IN THE DEED TO THE CITY OF SAN BERNARDINO,RECORDED APRIL 11, 1985,AS INSTRUMENT NO. 85-085510, OFFICIAL RECORDS. C59-281-361-11 LEGAL DESCRIPTION AND PLAT MAP FOR PENT EASEMENT. PARSONS 3200 E.Ouasli Road,Suite 200,Onta('..o.CA-91761 ei!!Ptc:)ne:909_21&-,O 0•Far, EXHIBIT A RIGHT OF WAY AP 0281-361-11 THAT PORTION OF PARCEL 1,PARCEL MAP NO. 11370, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 127,PAGE 3 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1,BEING A POINT ON THE SOUTHEAST RIGHT OF WAY LINE OF HOSPITALITY LANE;THENCE ALONG THE NORTHEAST LINE OF SAID PARCEL S.65°49'57"E.,A DISTANCE OF 22.27 FEET;THENCE S.23'48'34"W.,A DISTANCE OF 4.95 FEET;THENCE S.29'54'31"W_,A DISTANCE OF 37:24 FEET;THENCE S.24°15'22"W.,A.DISTANCE OF 1.50 FEET;THENCE S:68'48'02'W.,A DISTANCE OF 9.29-FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,.OF WHICH THE RADIUS POINT LIES 5.04°43'59. 'W A RADIAL DISTANCE OF 19.50 FEET;THENCE 'WESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 50°14'44",A DISTANCE OF 17.10 FEET; THENCE S.60'22'1 1-E;,A.DISTANCE OF 3.83 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE.RIGHT,OF WHICH THE RADIUS POINT LIES N_60°45'03"W.,.A RADIAL DISTANCE OF 752.00 FEET; THENCE SOUTHWESTERLY ALONE',THE ARC,THROUGH A CENTRAL ANGLE OF 01°1T24",A DISTANCE OF 16.93 FEET;THENCE SAT'02'19'E.,A.DISTANCE OF 6.03.17EET;THENCE S.47'57-41-W.,A DISTANCE OF 5.85 FEET;THENCE S.33'0015.1°W.,A DISTANCE OF 5:91 FEET;THENCE N.58"07'11-W.,A DISTANCE OF 5.86 FEET TO THE•POINT'OF CURVE-OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES N.58'2T22 VV.,A RADIAL DISTANCE OF 764.00 FEET;THENCE SOUTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE-OP 00°1171%A DISTANGE OF 2.50 FEET TO.A.POINT OF REVERS' CURVE TO THE.LEFT HAVING.A RADIUS OF 5 00 FEET AND A-CEN�ALANGLE OF 21-'29 26";THENCE SOUTHERLY' ALONG THE ARC,A DISTANCE'OF 11.8&-FEET;THENCE SAV1440"W:,A DISTANCE OF 7.52 FEET TO APOINT OF.CURVE TO THE RIGHT HAVING A-RADIUS.OF 15.00 FEET AND A:CENTRAL ANGLE OF 22°10'13";THENCE SOUTHERLY ALONG THE;ARC A DISTANCE OF 5.80.FEET TO A POINT OF COMPOUND CURVE TO TH RIGHT HAVING A RADIUS OF 752:00 FEET AND A CENTRAL ANGLE OF 05°30'36•• THENCE E- SO.UTI•iWESTERLY ALONG.THE ARC,A DISTANCE OF 72:32 FEET;THENCE S:OS°03'48°E.,A DISTANCE OF 20:56 FEET;THENCE S_4:1°63"Ip 11Y Pi_DISTANCE OF`1.14 FEET TE}•TliE SWYL.Y BOUNDARY OF SAID PAROLE 1'THENCE ALONG THE SW'LY,Vl IX AND NW'L1`BOUNDARY'OF SAID PARCEL N,48°06'50°W., A. DISTANCE OF 2.344 FEET TO•A POINT jbF.CURVE•.TO THE RIGHT HAVING A»IUS-OF 20.06 FEET AND A CENTRAL ANGLE OF 85'44'36':THENCE.NGfiTF1E12I Y ALONG THE.ARGA DISTANCE OF 29„93 FEET TO A POINT O.F REVERSE CURVE TO THE LEFT HAVING A.RADIUS OF 745:00 FEET AND A CENTRAL ANGLE OF 13`06'53";THENCE NORTHEASTERLY ALONG THE ARC.A DISTANCE OF 170.53 FEET TO THE POINT OF BEGINNING CONTAINING 2,095 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EX}IlBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 30TH DAY OF AUGUST.2QI0 AR�� �; ROBERT EDWARD S �9. E 25068 REGtS7FtAT10N EXPIRES'12/3l/11 n N 0281-361-11 RUW Page it BEARING &DISTANCE DATA CURVE DATA No. BEARING DISTANCE No. R p L 2 S65°49'57"E 22.27' 1 745.00' 13°06'53" 170.53' 3 S23 048'34"W 4.95' 7 19.50' SO'14'44" 17.10' 4 S29°54'31"W 37.24' 9 752.00' O1°172.4" 16.93' S24°15'22"W 1.50' 1 750.00' 00°11'27" 2.50' .G 568°48'02"W 9.29' 1 5.00' 21°29'26" 1.BB' B S60°22'11'E 3.83' 1 15.00' 22°10'13" 5.80' 1 7S4Z902'19"E 6.03' 1 752.00' 05°30'36" 72.32' 1 S47057'4VW S.B5' 20.00' 85°4436" 29.93' 1. S33600'51W 5.91' i N58°07'11"W 5.86' f S1014'40'1V 4.52' ' 1 S05°03'48"E 20.56` �' .0.8. / PARCEL 2 S41°53:10"W 1.14` %' 2 2 N4VW50-W (RAD) 4 Qv (RAD) 7 5 58°27'22"E 8 (Rq>)) 5 03 E jRAD PGC 1 (RAD. N79°45:'20"W (RAD) N79°45'20"N' Poe) t i 9S ssr° (P ) 1 PARCEL i t t o s,. PARCEL HAP N®. 113TO .52° '1{ (PCC) N52°22' "19 _ i Z t ° 54-1'5-3'10 RAD ` 2 N a 0 a PARSONS: E X H I B I T " B 320Q EAST 011AST1 ROAD,SaITE 200 - 06/16Mi0 a . OpTARTOr.CAL190R9Ik stist• APN 281-361-11 RIGHT OF WAY t is LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT PARSONS =0 E.Gussli Road.So:.e 2,10;Dmanc•.C!,91701 -Te!enhone'90;-2:6-3E,00-Fax q09-2116-39505• i wv:.pz^��s.cam EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0281-361-11 THAT PORTION OF PARCEL 1,PARCEL MAP NO, 11370, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFOR,NIA,AS PER MAP RECORDED IN BOOK 127,PAGE 3 OF PARCEL MAPS.IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1,BEING A POINT ON THE SOUTHEAST RIGHT OF WAY LINE OF HOSPITALITY LANE;THENCE ALONG THE NORTHEAST LINE OF SAID PARCEL S.65°49'57"E.,A DISTANCE OF 22.27 FEET TO THE TRUE POINT OF BEGINNING;THENCE S.65'49'57"E-,A DISTANCE OF 12.59 FEET;THENCE S.29'54'31"W.,A DISTANCE OF 43.59 FEET;THENCE N.66'26'23"1N.,A DISTANCE OF 4.82 FEET;THENCE S.6848'02"W.,A DISTANCE OF 10.1.2 FEET;THENCE S.23'41'51-W.,A DISTANCE OF 6.41 FEET;THENCE S-72'55'14'W.,A DISTANCE OF 3.90 FEET;THENCE N.68'4323-W.,A DISTANCE OF 1.38 FEET TOTHE POINT OF CURVE OF A RON TANGENT CURVE TOTHE RIGHT,OF WHICH THE RADIUS POINT LIES N.61`00'02-W.,A-RADIAL DISTANCE OF 762.00 FEET;THENCE SOUTHWESTERLY ALONG.THE ARC.,THROUGH A CENTRAL ANGLE OF 01'39149",A DISTANCE OF 22.12: FEET;THENCE-S.49'12'50"W.,A DISTANCE.OF 6.36 FEET;THENCE S.-29"5.1'38"V11.,A DISTANCE OF 7.77 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES N.7.9°45'21"W.,A RADIAL DISTANCE OF 25.00 FEET;.THENCE SOUTHERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 22"10'13",A DISTANCE OF 9.67 FEET TO A POINT OF COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 762.00 FEET AND A CENTRAL ANGLE OF 05'45'52";THENCE SOUTHWESTERLY ALONG THE ARC,A DIS S TANCE OF 76.66 FEET;THENCE 05'00139"E.,A DISTANCE OF 18.27 FEET TO THESW'LY LINE OF SAID PARCEL;THENCE N.48-06'50"W.ALONG SAID. 'LY SW LINE,A DISTANCE OF 8.5Z FEET;THENCE N.41°53'10"E-,A DISTANCE OF 1.14 FEET;THENCE N.05-03<48'W.,A DISTANCE OF 20.56 FEET TO THE POINT OF CURVE OF A NON TANGEW'CURVE.TO THELEFT,OF WHICH THE RADIUS POINT LIES N.52-04.32-M.,A RADIAL.DISTANCE OF 752.00.FEET;THENCE NORTHEASTERLY ALONG THE ARC,THROUGH A CENTRAL'ANGL E OF 05'30'36".A•DISTANCE OF 72.32 FEET TO A POINT OF COMf?OUND CURVE TO_tHE LEFT HAVINGA RADIUS OF 15.00 FEET AND A CENTRAL ANGLE OF?2°10'13 THENCE NORTL-IERLY.ALONO THE ARC,A DISTANCE 6I±5.80.FEET;THENCE'N.10°-I V40-' .,A DISTANCE OF 1.5�.FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 5:00 FEET AND A-CENTRAL ANGLE OF 21'29'26 7;.THENCE NORTHERLY ALONG THE ARC A DISTANCE OF 1.88 FEET TO A POINT OF REVERSE CURVE TO THE LEFf-HAVING A RADIUS OF 750:W FEET AND A CENTRAL ANGLE OF 00°11'27";THENCE NORTHEASTERLY ALONG THE ARC,A 01STANCE OF 2,50 FEET;THENCE S.58'07"11"E.,ADISTANCE OF 5.86 FEET;THENCE N.33'OU51`E.,A DISTANCE.OF 5:91 FEEL;THENCE NA7°5T41"E.,A DISTANCE OFS:85 FEET;THENCE.N.42'02'19"W.,A DISTANCE OF 6.03-FEETTO THE POINT OF CURVE OF A NON TANGENT" CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIE$:N.59'2n9`W.,A RADIAL DISTANCE OF 752.00 FEET;THENCE-NORTHEASTERLY ALONG THE.ARC;THROUGH A CENTRAL.ANOLE OF 01''17'24",A DISTANCE,OF ifi.93 FEET;THENCE N-60422'1.1"W..,-A-DISTANCE OF 3.83 FEETTO-THE POINT OF CURVE OF A NON TANGENT CURVE.TO THE RIGHT,OF WHICH THE-RADIUS POINT LIES S.45°30'45`E.,A RADIAL DISTANCE OF 19.50 FEET;THENCE EASTERLY-ALONG THE ARC;THROUGH A:CENTRAL ANGLE OF .50'14'44",A DISTANCE'OF 17.10 FEE ;THENCE N.68`48'02?E.,A DISTANCE OF 9.29 FEET THENCE N.24'1622"E.,A DISTANCE"OF 1.5Q FEET;THENCE N_29°54'31"E.,A DISTANCE-OF 37.24:FEET;TRENCE N.23°48.'34"E.,A DISTANCE OF 4.95 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING-1 X29 SQUARE FEET,.MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT ED HERETO AND MADE A PART HEREOF. DATED THIS 23RD DAY OF JUNE,2010 k0 AIR i c G� w m liJU. ROBERT EDWARD S ,PE 254f8 ''- REGISTRATION EXPJ S 12f31/11 APN O28S 361-11 TCE '\.: Pagel BEARING& DISTANCE DATA BEARING &DISTANCE DATA CURVE DATA No. BEARING E43.59' No: BEARING DISTANCE U750.00' A L 1 565°49'57"E N58°07'1 1°W 5.86' ' Oi°39'49" 22.12' 2 N65°49'57'11! 733°00'51"W 5.91' ' 22°10'13" 9.67' 3 N29°54'31"E S47°5.7'41"W 5.85' ' 05°45'52" 76.66' 4 566°26'23"E 542°02'19"E 6.03' ' 05°30'36" 72.32' 5 PN72'55'1°48'02°E 10.12' S50°22'11"E 3.83' ' 22°1013" 5.80' 6- °41'59"E 6.41' S68°48'02"8' 9.29' ' 21°29'26" 1.88' 7 4"E 3.90' 3 524°15'22"M 1.50' ' 00°11'27" 2.50' 8 368°43'23"E 1.38' 3 S29°54'31"11 37.24' 0' O1°17'24" 16.93'N49°12'50'E 6.36' 523"48 34"11 4.95' 0' S0°14'44." 17.10' 1 N29°51'38''E 7.7T` 1 NOS°00'39"W 18.27' ' t S48 606'50"E 8.52' P.O.C. /' PARCEL S 41°53'10"W 1.14' T.P. . . 1 S05°03'48"E 20.56' / 2 S16*14'40'W 'w / / o / 3 3 �� v lrnno �. �4/ R 9 '39"E SEE DETAIL 'A' co ,S58°•2722"E / RAD </ ° PARCEL 9 ( 5'2" $. / RAD , PARCEL HAP S79°4s"20"E (RAD 2013"F RAD PCG ! 4 3 ° '1r 2 _ 52°09'32"E — (RAO) 2 3. 5 4 f 1 ` RAD 5 . 7 1 1 9 1 Z y'�� �� �•� 2 t DETAIL "A" N.rs. - a " B PARSONS EXHIBIT "` o6iii2oto A 917Lt S2oo. 1w EAST COASTI ROAD,SU17E zoo IOr CALIFORRTA - - AEsN 251-3$1-11 _ OiITAR -$ TEMPORARY CONSTRUCTION 5A-SEMENT I of.E o n EXHIBIT 667" PARCEL NO. C-60 (EASEMENT DEED) [SEE ATTACHED] Electronically Recorded in Official Records,County of San Bernardino 12/15/2011 08:00 AM Qry Y DENNIS DRAEGER SG ASSESSOR-RECORDER-CLERK RECORDING REQUESTED BY: 683 Stewart Title Co.-Glendale Stewart Title of California,Inc. Attn:Grace Kim Doc#: 2011-0531790 Titles: 1 Pages: s 2010 Main Street,Suite 250 Fees 00 Irvine,CA 92614 II I II I I I Taxes 00 Escrow and Order No. a 11111111 III II I I I other 00 Mail Tax Statements to PA1D WHEN RECORDED MAIL TO: SAN BERNARDINO ASSOCIATED GOV i sbX Project Office 1170 W.3`d Street,2"d Floor San Bernardino,California 92410-1715 Portions APN 0281-361-10 EXEMPT FROM RECORDING FEES PER GOVT.CODE§27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV.6t TAX CODE§11922 EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Riverside, a municipal corporation ("Grantor")does hereby GRANT and CONVEY to San Bernardino Associated Governments acting as the San Bernardino County Transportation Commission("Grantee"),and its successors and assigns,an easement for public street purposes over and across, that certain portion of real property located in the County of San Bernardino, State of California,more particularly described in the legal description attached hereto. SEE LEGAL DESCRIPTION SET FORTH IN EXHIBIT"A"AND MAP OF REAL PROPERTY SET FORTH IN EXHIBIT"B", both of which Attachments are incorporated by this reference. IN WITNESS WHEREOF,Grantor has caused this instrument to be executed on the date set forth below. Dated: September 6, 2011 GRANTOR: City of Riverside,a municipal corporation APPROVED AS TO FORM CrrY ATTORNEYS OFFICE B • BY Title: Assistant City Manager � _ 1tv 4 W At st By: �c Title: Cittlerk. Mail Tax Stz?ter�le nli as Directed Above i 0 NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) n )ss. COUNTY OF /Qlt/fSl�Cs ) On 2011 before me, 4WtAal 111w notary public, personally appeared PrL/l_12�4 � who proved to me on the basis of satisfactory evidence to be the persor4a)-whose name,(s)-is� subscribed to the within instrument and acknowledged to me that 41e she executed the same in JaKher/lbeif-authorized capacityLker);and that byW-s/her/their signatur4,4J on the instrument the personfey,or the entity upon behalf of which the person,*acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. so P 14, SHERYN LEE SMAY W�" C Commission M 1944748 ignature o otary Kblic =� Notary Public-California Riverside County my Comm.Ex Tres Au 17,2015 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 � a State of California County of On /,&w before me, ; A/ Date Here Insert Name a itle of the officer .// personally appeared S��'�1U' /�l eioIWAI Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(ej whose namQ4Wis/ar_- subscribed to the within instrument and acknowledged to me that -4eshe/fey executed the same in SHERYN LEE SMAY -bis/her/fbeir authorized capacity(iesj, and that by Commission#f 1944748 bis/her/tt4ek signature,(&)- on the instrument the a -�� Notary Public-California i Z �,�,�; y > person4sj; or the entity upon behalf of which the Riverside County person(sTacted, executed the instrument. My Comm.Ex ires Aug 17,2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above OPTIONAL S(inature of Not: Public Though the information below is not required by law,it may prove valuable to persons relying on the do ument and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: umber of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual ❑ Individual ❑ Partner—❑Limited ❑Gener Top of thumb here ❑Partner—❑Limited ❑General Top of thumb here ❑ Attorney in Fact 7 Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or C ervator ❑Guardian or Conservator C Other: ❑Other: Sig Is Representing: Signer Is Representing: 0 2010 National Notary Association-NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item 45907 EXHIBIT"A"TO EASEMENT DEED Leal Description of Easement [APN:0281-361-10] Coast Surveying Inc. May 27,2011 EXHIBIT A RIGHT OF WAY AP 0281-361-10 THOSE PORTIONS OF LOT 6, BLOCK 72, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 7, PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL A BEGINNING AT THE SOUTHWEST CORNER OF LOT 15,TRACT NO. 12034 AS SHOWN ON A MAP RECORDED IN BOOK 168, PAGES 75 THROUGH 87 OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER,ALSO BEING A POINT ON THE SOUTHEAST LINE OF THE GAGE CANAL COMPANY RIGHT OF WAY AS GRANTED TO THE GAGE CANAL COMPANY BY DEED RECORDED JULY 1, 1910,IN BOOK463,PAGE 315 OF DEEDS,IN THE OFFICE OF SAID COUNTY RECORDER;THENCE ALONG SAID SOUTHEAST LINE NORTH 14°22'33" EAST 9.01 FEET TO A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1053.00 FEET, SAID CURVE BEING CONCENTRIC WITH AND 8.00 FEET NORTHWEST OF THE NORTHWEST RIGHT OF WAY LINE OF HOSPITALITY LANE, 90.00 FEET WIDE, AS SHOWN ON SAID TRACT NO. 12034, A RADIAL BEARING TO SAID POINT BEARS NORTH 12°48'58" WEST; THENCE SOUTHWESTERLY 86.23 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°41'30" TO THE NORTHWESTERLY LINE OF SAID GAGE CANAL COMPANY RIGHT OF WAY; THENCE NONTANGENT ALONG SAID NORTHWESTERLY LINE SOUTH 14°22'33"WEST 9.44 FEET TO SAID NORTHWEST RIGHT OF WAY LINE OF HOSPITALITY LANE, BEING A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1045.00 FEET,A RADIAL BEARING TO SAID CURVE BEARS NORTH 17°46'52' WEST; THENCE NORTHEASTERLY 86.44 FEET ALONG SAID CURVE AND SAID NORTHWESTERLY RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 04°44'22"TO THE POINT OF BEGINNING. CONTAINING 691 SQUARE FEET,MORE OR LESS. PARCEL B BEGINNING AT THE NORTHWEST CORNER OF LOT 22,TRACT NO. 12034 AS SHOWN ON A MAP RECORDED IN BOOK 168; PAGES 75:THROUGH 87 OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER,ALSO BEING A POINT ON THE SOUTHEAST LINE OF THE GAGE CANAL COMPANY RIGHT OF WAY AS GRANTED TO THE GAGE CANAL COMPANY BY DEED RECORDED JULY 1, 1910,IN BOOK 463,PAGE 315 OF DEEDS,IN THE OFFICE OF SAID COUNTY RECORDER;THENCE ALONG SAID SOUTHEAST LINE SOUTH 14°22'33"WEST 8.12 FEET TO A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 948.00 FEET, SAID CURVE BEING CONCENTRIC WITH AND 7.00 FEET.SOUTHEAST OF THE SOUTHEAST RIGHT OF WAY LINE OF HOSPITALITY LANE, 90.00 FEET WIDE, AS SHOWN ON SAID TRACT NO. 12034, A RADIAL BEARING TO SAID POINT BEARS NORTH 16°07'39" WEST; THENCE SOUTHWESTERLY 89.68 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°25'12' TO THE NORTHWESTERLY LJNE OF SAID GAGE CANAL COMPANY RIGHT OF WAY; THENCE NONTANGENT ALONG SAID NORTHWESTERLY LINE NORTH 14°22'33"EAST 8.63 FEET TO SAID SOUTHEAST RIGHT OF WAY LINE OF HOSPITALITY LANE, BEING A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 955.00 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 21°14'37" WEST; THENCE NORTHEASTERLY 89.40 FEET ALONG SAID CURVE AND SAID SOUTHEASTERLY RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 05°21'48"TO THE POINT OF BEGINNING. CONTAINING 627 SQUARE FEET,MORE OR LESS. IN 108(140-02 AP 0281-361-10 Page I of 2 Coast Sur.eyim Inc. May 27,2011 ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. LAND DATED THIS 8th DAY OF JUNE,2011 DEL U� c 4� W r o Un L.S. 5108 Q SC GWEN-VERA DEL CASTILLO,PLS 5108 9TF Op ' I i 1 i i IN 108410-02 AP 0281.361-10 Page 2 of 2 I I EXHIBIT"B"TO EASEMENT DEED Map of Real Property. [APN: 0281-361-10] LOT tit.� � � 07, Il e 1; a 75' �•.: ° TRACY me. �Q tl 200 34 N 1 2*48'58'W (RAD) 8 N17*30'28 W 0 PARCEL A (RAD) 0- Q N 13'02'30"W 6 P--0.8. (RAD) ' N 17'46'52"W p�pIYAU�!-i—�'� (RAD) N15'52'49"W (RAD) 0 Q 2 P.O.B. N21'14'37"W r. (RAD) 33 N i 6'07'39"W PARCEL 8 (RAD) 4 N21'32'51"W �a (RAD) WI 2U � Lru 7 1L4 i Cho 75, z5 - 7 BEARING DISTANCE RADIUS DELTA LENGTH 2 S 14.22' 33'W 8. 12' 1 955. 00' 5'21' 48' 89. 40' 4 N14°22' 33'E 8. 63' 3 948. 00' 5'25' 12' 89. 68' 6 N14°22' 33'E 9. 44' 5 1045, 00' 4° 44' 22' 86. 44' 8 S 14'22' 33'.W 9101, 7 1053. 00' 4'41' 30' 86. 23' JOB fir: 108-040 DATE: 5/27/11 E X H I B I T B SCALE. "=40' COAST SURVEYING, INC. AP 0281—361-10 15031 PARKWAY 100P.SUITE 8 SHEET 1 OF 1 RIGHT OF WAY TUSTIN, cA 92780-GS27 (71L) 918-6266 RECORDING REQUESTED BY Stewart Title of California,Inc. AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: NAME San Bernardino Associated Governments sbX Project Office Attn:Ryan Graham STREET 1170 W.3'Street,2n°Floor ADDRESS cnv,STATE a San Bernardino,CA 92410-1715 ZIP CODE ' TITLE ORDER NO.:358992 ESCROW NO.: 358992 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated 2011, from City of Riverside, a municipal corporation (OWNER/GRANTOR) to the San Bernardino Associated Governments (SANBAG) acting as the San Bernardino County Transportation Commission (GRANTEE), by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of SANBAG pursuant to authority conferred by the SANBAG Board of Directors Agenda Item 22, adopted on February 2, 2011, and the GRANTEE consents to recordation thereof by its duly authorized officer. Description/identification of real property: Gage Canal crossing Hospitality Lane, between Wells Fargo Drive and Carnegie Drive, San Bernardino, CA 92401 or APN 0281-361-10 Dated: 12-112— 12011 By: t Ty Schuiling, Interim Executive DI ector STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On 12A III W I I before me, M ct-r N T 1' 'N-m eo, Uah",,m <« (Date) '��/,) C (Name and title of the officer) personally appeared&/,*. 1 T q S c l tw h K ' (Name o peon signing who proved to me on the basis of satisfactory evidence to be the person( whose namepcirj is it2 subscribed to the within instrument and acknowled ed to me that he/ tb� executed the same in his/Wltj & authorized capacity(i§d�-and that by his/tpl� _ signature64 on the instrument the persor�ej, or the entity upon behalf of which thhe person(yracted, execute the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. MARY J.MAYES y Commission# 1879202 Notary Public-California San Bernardino County° y IM Comm.Expires Mar 2,2014 Signaturei6f officer (Seal) EXHIBIT 668" PARCEL NO. C-61 (EASEMENT DEED) [SEE ATTACHED] Electronically Recorded in Official Records,County of San Bernardino 9/3012011 10:44 AM x DENNIS DRAEGER BN ASSESSOR-RECORDER-CLERK RECORDING REQUESTED BY: 683 Stewart Title Co.-Glendale Stewart Title of California, Inc. Attu: Grace Kim 2010 Main Street, Suite 250 Doc#: 2011-0412439 Titles: i Pages: 8 Irvine, CA 92614 Fees .00 Escrow and Order No. 358867 II I II I I I VIII II I I I I I III I II I I II I III omen .00 PAID .00 WHEN RECORDED MAIL TO: SAN BERNARDINO ASSOCIATED GOVERNMENTS sbX Project Office 1170 W. 3rd Street, 2nd Floor San Bernardino, California 92410-1715 Portions APN(s):0281-361-12 EXEMPT FROM RECORDING FEES PER GOVT.CODE§27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV,&TAX CODE§11922 EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Dionysus Properties, a Limited Liability Company ("Grantor") does hereby GRANT and CONVEY to San Bernardino Associated Governments acting as the San Bernardino County Transportation Commission ("Grantee"), and its successors and assigns, an easement for public street purposes over and across, that certain portion of real property located in the County of San Bernardino, State of California, more particularly described in the legal description attached hereto. SEE LEGAL DESCRIPTION SET FORTH IN EXHIBIT"A"AND MAP OF REAL PROPERTY SET FORTH IN EXHIBIT "B", both of which Attachments are incorporated by this reference. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below. Dated: I7 ' ! GRANTOR: Dionysus Properties, a Limited Liability Company By: &qAA&_ Title: VI� Attest y'ev',7e By: Title: NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) )ss. COUNTY OF j r;vj�� c On — 0�^1 , 2011 before me, , notary public, personally appeared �g v4U , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OLGA M.ADAMS r COMM #1791792 m f!1 Notary PubCaNfomfa WITNESS my hand and official seal. w llo-aOS�NG�SCOLKFY My Comm.Exp.FEB 23.2012 Sign re of Notary Public I EXHIBIT"A"TO EASEMENT DEED Legal Description of Easement [APN: 0281-361-121 i PARSONS 3300 P.Guasti Road,Suite 200,Gnf<ric,CA 19-1767 909-218-jUCO.Fax 9n-9-218-M05• vrin:.p3rsens.co�� EXHIBIT A RIGHT OF WAY AP 0281-361-12 THAT PORTION OF PARCEL 2,PARCEL MAP NO, 11370, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 127, PAGE 3 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 2, BEING A POINT ON THE SOUTHEAST ( RIGHT OF WAY LINE OF HOSPITALITY LANE(45.00 FEET HALF WIDTH);THENCE ALONG THE NORTHWEST LINE OF SAID PARCEL N.24°30'53"E.,A DISTANCE OF 324.21 FEET TO A POINT OF CURVE TO THE RIGHT I HAVING A RADIUS OF 955.00 FEET AND A CENTRAL ANGLE OF 22°56'17';THENCE NORTHEASTERLY ALONG THE ARC A DISTANCE OF 382.33 FEET TO THE MOST NORTHERLY POINT OF SAID PARCEL 2; ' THENCE S.42°3327"E.ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 2,A DISTANCE OF 7.00 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIES S.42°32'50"E.,A RADIAL DISTANCE OF 948.00 FEET;THENCE SOUTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 04°55'28",A DISTANCE OF 81.48 FEET;THENCE S.47°28'18"E.,A DISTANCE OF 3.87 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIES S.47°28'43"E.,A RADIAL DISTANCE OF 944.00 FEET;THENCE SOUTHWESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 01°22'01",A DISTANCE OF 22.52 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIES N.68016'52"E.,A RADIAL DISTANCE OF 25.00 FEET;THENCE SOUTHEASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 29°07'19",A DISTANCE OF 12.71 FEET;THENCE S.39°08'45"W.,A DISTANCE OF 69.97 FEET; THENCE S.82°27'06"W.,A DISTANCE OF 21.84 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIES S.54°13'48"E.,A RADIAL DISTANCE OF 948.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 11°15'20",A DISTANCE OF 186.23 FEET;THENCE S.24°30'53"W.,A DISTANCE OF 302.32 FEET;THENCE S.20°50'16"E.,A DISTANCE OF 21.34 FEET;THENCE S.23°48'34"W.,A DISTANCE OF 6.76 FEET TO THE SW'LY LINE OF SAID PARCEL; THENCE N.65°49'57"W.ALONG SAID SW'LY LINE,A DISTANCE OF 22.27 FEET TO THE POINT OF BEGINNING. CONTAINING 6,539 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 30TH DAY OF AUGUST,2010 Qp,OFESS/ON AR°S 9Y J ROBERT EDWARD STE Fib S,PE 25068 * REGISTRATION EXPIRr=S 12131/11 OF AL,F�Q��P APN 0281-361-12 ROW Page 1 EXHIBIT"B"TO EASEMENT DEED Map of Real Property [APN: 0281-361-12] � t BEARING & DISTANCE DATA No. BEARING DISTANCE 1 S24 030'53'V 324.21' 1 N24 030'53"E 302,32 1 S20 050'16"E 21.34' 1 S23°48'34"W 6.76' / S 1 S65 049'57"E 22.27' FF SyFF PARCEL 2 , T2 , / 11 PARCEL MAP N®, 1070 P.M.B. 127 / s / � m N P.O.B. ' , A yAg9\N / PARCEL 9 �. 0 EXHIBIT " B " wow ft x-61 PARSONS °"W 06/15/2010 3200 EAST GUASTI ROAD, SUITE 200 APN 281-381-12 A ONTARIO, CALIFORNIA 91T61 1n-'rJ(f1 uvi RIGHT OF WAY ism so t of z a BEARING & DISTANCE DATA CURVE DATA No. BEARING DISTANCE No. R I A L 3 N42 033'27"E 7.00' IQ 955.00' 22 056'17" 382.33' 15 N47 028'18'W 3.87' 4 948.00' 04 055'28" 81.48' 8 N39 008'45"E 69.97' 6 944.00' O1°22'01" 22.52' 9 N82 027'06'E 21.84' 7 25.00' 29 007'19" 12.71' 1 948.00' 11°15'20" 186.23' N42032'50 low (RAO) s N42°32'50"W (RA D) �\ 0� N47028'1 8'V 5 N47°2843"W RAO N48 050'45'W / 7 `-1� (R=944.00') S68615 (R=25.00') S39°08'33"W 2 RAO PARCEL 2 8 9 PARCEL HAP No. 19370 P.M.B. 127 / 3 a / v i (RAD) / ) M / � a a N65°29'07"W SFF (RAO) SyFFT N65 029'07"W (RAO) N col m 0 e m P EXHIBIT " B " "� �-�' PARSONS °"" 06/15/2010 Ix 3200 EAST GUASTI ROAD, SUITE 200 APN 281-361-12 xwF " ' ONTARIO. CALIFORNIA 41761 1 � 7 RIGHT OF WAY " "° 2 o 2 RECORDING REQUESTED BY Stewart Title of California,Inc. AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: NAME San Bernardino Associated Governments sbX Project Office Attn:Ryan Graham STREET 1170 W.Sd Street,2nd Floor ADDRESS CITY.STATE& San Bernardino,CA 92410-1715 ZIP CODE TITLE ORDER NO.:182341 ESCROW NO.: 182341 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated January 27, 2011, from Dionysus Properties, a Limited Liability Company (OWNER/GRANTOR) to the San Bernardino Associated Governments (SANBAG) acting as the San Bernardino County Transportation Commission (GRANTEE), by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of SANBAG pursuant to authority conferred by the SANBAG Board of Directors Agenda Item 22, adopted on February 2, 2011, and the GRANTEE consents to recordation thereof by its duly authorized officer. Description/identification of real property: 825 E Hospitality Lane, San Bernardino, CA 92408 Dated: By: Deborah Robinson Barmack, Executive Director STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 1 f_On ti��f I t , oc.v11 before me, �Ary,. N1A&r ,. v'vt 1zo ?t&b IC , ( ate) (Name and title of the officer I,�r personally appeared v f � YJ I& -D 6 &( M a e_k_ who proved to me on the basis of ame of person signing satisfactory evidence to be the person(s'j whose name(l is/ace...subscribed to the within instrument and acknowledged to me that 4efshe/t " executed the same In h1s/ er/tbeic authorized capacity), and that by his/her/their:signature( on the instrument the person(),or the entity upon behalf of which the person(po acted,execu ed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of officer ANA ALOANA (Seal) Commission#1835988 .Q Notary Public-Caldornia San Bernardino County My Comm Expires Mar 6,2013+ EXHIBIT "9" PARCEL NO. C-63 (FINAL ORDER) [SEE ATTACHED] Recorded in Official Records,County of San Bernardino 10114/2011 PLEASE COMPLETE THIS INFORMATION. 2:06 PM DENNIS DRAEGER BS t RAF W3N" ASSESSOR – RECORDER – CLERK RECORDING REQUESTED BY: t . San Bernardino Associated Governments,a Joint �� P Counter Powers Authority,acting as the San Bernardino County Transportation Commission Doc#: 2011 —0430363 Titles: 1 Pages: 14 AND WHEN RECORDED MAIL TO: Fees 0.e0 Rick E.Rayl Taxes 0.00 Nossaman LLP Other e.00 18101 Von Karman Avenue,Suite 1800 PAID $0.00 Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDER'S USE ONLY I FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Fonn#1125 American LegalNet,Inc. WWWXSCourtForms.eom I NOSSAMAN LLP RICK E. RAYL (SBN 174257) 2 rrayl @nossaman.com 3 BRADFORD B. KUHN (SBN 245866) SUPER?OR COURT bkuhn@nossaman.com COUNTY OF-SAN BERNARDINO SAN BERNAr..DINO DISTRICT 4 Special Counsel 18101 Von Karman Avenue, Suite 1800 SEP 3 0 2011 5 Irvine, CA 92612 Telephone: (949) 833-7800Y I 6 Facsimile: (949) 833-7878 Deputy 7 Attomeys for Plaintiff SAN BERNARDINO ASSOCIATED GOVERNMENTS, 8 A Joint Powers Authority, acting as the SAN BERNARDINO 9 COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1103195 14 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 15 TRANSPORTATION COMMISSION, JUDGE JOHN P. VANDERFEER, DEPT. S37 16 Plaintiff, fir rK FINAL ORDER OF 17 vs CONDEMNATION I 18 E. STANFORD ESKRIDGE, C.P.A., as SUCCESSOR TRUSTEE OF THE JESSE L. [Parcel No. C-63] 19 SIMON LIVING TRUST, AS AMENDED AND 20 RESTATED ON OCTOBER 8, 2001, et al., 21 Defendants. Action Filed: March 9, 2011 22 - [EXEMPT FROM FILING FEES - GOV. 23 CODE, § 61031 24 25 �..1 26 27 28 312441 1.DOC FINAL ORDER OF CONDEMNATION I Plaintiff San Bernardino Associated Governments,acting as the San Bernardino County 2 Transportation Commission("SANBAG")having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to a Final Judgment in Condemnation, and SANBAG and defendants 4 having waived a Statement of Decision,judgment having been entered, and payment having been made 5 in full, no other party or person having or claiming to have an interest in the property being acquired or 6 the compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE,IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit"A,"described as Assessor's Parcel 9 Number 28136113, located at 855 E. Hospitality Lane, San Bernardino, California, and more 10 particularly described as SANBAG Parcel Number C-63, consisting of a permanent easement of 11 approximately 2,459 square feet, along with a temporary construction easement of approximately 3,420 12 square feet, as described in SANBAG's complaint on file in this matter("Subject Property"), is hereby 13 condemned to SANBAG for the purposes of constructing, maintaining and operating the sbX E-Street 14 Corridor Bus Rapid Transit Project ("Project"), for the purpose of all necessary and convenient activities 15 associated with the construction of the Project and for public purposes. The temporary construction 16 easement shall commence seven(7)days from the date upon which SANBAG or its authorized 17 representative provides the applicable defendant with written notice of its intent to commence 18 construction utilizing the temporary construction easement and shall terminate on the earliest of(a)the 19 date upon which SANBAG notifies the applicable defendant that it no longer needs the temporary 20 construction easement, (b) six (6)months from the commencement date of the temporary construction 21 easement, or(c) December 31, 2013. 22 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 23 public purposes under Article 1, Section 19, of the California Constitution, California Public Utilities Code 24 section 130220.5,and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 25 for which SANBAG seeks to condemn the Subject Property,to wit, in connection with the Project and 26 for public transit improvements, is and was authorized by law and is and was a public use;the public 27 interest, safety,and necessity require the Project;the Project is and was planned and located in the 28 312441_1.DOC FINAL ORDER OF CONDEMNATION I manner that will be most compatible with the greatest public good and the least private injury; and the 2 Subject Property is necessary for the Project. 3 3. Just compensation has been paid to Defendants E. Stanford Eskridge, C.P.A.,as 4 Successor Trustee of the Jesse L. Simon Living Trust, as Amended and Restated on October 8,2001 5 ("Eskridge"), and Miles of Smiles Preschool &Education Center,a California corporation("Miles of 6 Smiles") (collectively, "Defendants"), and such sum was accepted by the Defendants, as full payment of 7 just compensation for all claims of any nature,including without limitation all claims for severance 8 damages,relocation assistance, business goodwill,real and personal property, fixtures,equipment, 9 damages, compensation,fees,costs,and litigation expenses,other expenses,interest,and any and all other 10 claims which have been or could have been raised in the lawsuit. 11 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 12 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 13 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 14 shall be cancelled. 15 16 Dated: I • 3 2W 42Z 17 JrJDGE OF THE SUPERIOR COURT 19 20 21 22 23 24 25 26 27 28 FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"1" The land referred to herein is situated in the State of California,County of San Bernardino, City of San Bernardino,and described as follows: PARCEL 1: ' PARCEL NO.3 OF PARCEL MAP NO. 11370,AS SHOWN BY MAP ON FILE IN BOOK 127 PAGE(S)3 OF PARCEL MAPS,RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE SIDEWALK, SEWERS,STORM,DRAINS,WATER MAINS,CURBS,GUTTERS,PAVING,ELECTROLLERS,STREET LIGHTS,STREET NAME SIGNS,TRAFFIC SIGNALS AND ALL APPURTENANCES AND APPURTENANT IMPROVEMENTS AND RIGHTS (COLLECTIVELY,THE"IMPROVEMENT")WITHIN ASSESSMENT DISTRICT NO.961 IN THE CITY OF SAN BERNARDINO,CALIFORNIA, WHICH ASSESSMENT DISTRICT IS SHOWN AND DESCRIBED IN THE ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICE NO.961,RECORDED FEBRUARY 6, 1985 IN BOOK 31 OF ASSESSMENT DISTRICT MAPS,PAGES 64,65,66,RECORDS OF SAN BERNARDINO COUNTY,CALIFORNIA,AS DESCRIBED IN THE DEED TO THE CITY OF SAN BERNARDINO,RECORDED APRIL 11, 1985,AS INSTRUMENT NO. 85-085510, OFFICIAL RECORDS. PARCEL 2: 'A NON-EXCLUSIVE BLANKET EASEMENT FOR ACCESS,DRAINAGE,AND PARKING OVER PARCEL 2 OF PARCEL MAP 11370, ON FILE IN BOOK 127 PAGE 3 OF PARCEL MAPS,RECORDS OF SAN BERNARDINO COUNTY. C63-281-361-13 LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT PAR DNS 3200 E.Guasti Road.Suite 200.66ta[ie.CA.91761 T eJ P~or;e:909-2;S-S800.Fax 909-2;8-3675. %wrv.p wsors.cc.,t, EXHIBIT A RIGHT OF WAY AP 0281-361-13 THOSE PORTIONS OF PARCEL 3,PARCEL MAP NO.113.76,IN THE CITY OF SAN BERNARDINO,:COUNTY OF SAN BERNARDINO.STATE OF CALIFORNIA,AS-PER MAP RECORDED IN BOOK 127,PAGE 3 OF PARCEL MAPS,IN THE QFFICE.. THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 3,BEING A POINT ON THE SOUTHEAST RIGHT OF WAY UNEOF H.OSPITALffl"LANE 0{5:00 FEET HALF-WIDTH);THENCE'ALONG THE EASTERLY LINE OF SAID PARCFI 3,S.44'?2'33"W„A DISTANCE OF 8:63 FEET TO.THE POINT OF CURVE dl A NON TANGENT CURVE TO THE 4EFT.QF WHICA tHE RADIUS POINT L1ES S.21°32'51"E:,A RADIAL DISTANCE.-OF 948.00 FEET;"i FtEfVCsE SO�1T}1JNESTERLY ALONG THE_,Al2C,THI pil 'H Cf_IVTR 4L ANGLE OF 20°-59'59°,A DISTANCE OF'3!i7.45 FE'El`;THENCE.f .42°33'27"1111„A DISTANCE OF 7.00 FEET TO TFiE.SOUTFiEAST RIGHT OF WAY LINE-OF HOSPIT-ALITY LANE.AND.THE POINT 01=CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF VUk11CH THE;RADIUS POINT LIES 542°32'SWE.,A RADIAL- DISTANCE OF 955.00.FEET;THENCE NO[ TMEA3TERLYALghtG:T.HE:ARQ THROUGH A CENTRAL ANG.L•E OF 21°18.13"..A DISTANCE Of 355.08 FEET Tb Tt iE PtjINT'OF BEGINNftJG, CONTAINING.2,459 SQUARE FEET,MORE.OR LESS: i ALL AS MOF�PARTICULARLY$NOVI N ON EXHIBIT B ATTACHED HERETO AND MADE APART HEREOF: DATED THIS 1.8TH•DAY OF AUGUST;2010 '� pFESc� No: ran a ROBER 'EDII!%ARD NS;PE 25068 y A RE4IS'(F2ATIQ V FxP1ETES'! /31711 Q �P'�pN-Ct-t9C-l4ZNd�1'•[9-� 0107!61/B 0961, OOd:NCO DoJ-WIJ co `_ ao 1�- 1 3 � co s� m MAW Id C 'A • � � de`s d \ �IJ.� `♦ Vg _ cr Z `i`` M .♦� lam" W id ��., ♦` aQf• N.M t: `�� N M NX O• r LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT 3200 E Guast Road.Sahe 2U0,Ontario.CA 917E i .TNsphone:3„$-218-3600.Pax 909-218-361)5 v,,V,.pars,,j5.cnm _ EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0281-361-13 THOSE PORTIONS OF PARCEL 3,PARCEL MAP NO. 11370,IN THE CITY OF SAN BERNARDINO. COUNTY OF SAN B.ERNARDINO,STATE'OF CALIFORNIA,A$PER MAP RECORDED IN BOOK 127,PAGE 3 OF PARCEL MAPS,IN THE bFFtCE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 3,BEING'A POINT ON THE SOUTHEAST RIGHT OF WAY LINE OF HOSP{TALITY LANE(45.00 FEET HALF-WIDTH);THENCE,ALONG THE EAS,TF-RLY LINE•bF SAID PARCEL 3,S:14°22'3 "V1f„A'D{STANb-E QF 8:63 FEET TO THE TRIfE POINT•OF BEGINNING; THENCE S.14"22`33"1!1/• A D1S7`tiNCi=OF 12.3$FEET'0 THE IN OF CUR OF A NON TANGENT CURVE TO THE LEFT,O.FVyHICH THE F2i4D.lU&POINT LIES S;-2(°5g�2;3 E,:•A RADIAL DISTANCE OF 938:0:Q;FE8T-j THENC,E•SOUTMWESTERLYAL:ONG'THEARG,THROUGH:A:CENTRALANGI E.pF.20°33.2'! A D.i$TRN06QF 33$.52.FEET TFiEt Gl±N,42"3T27"IIIF„A DISTANCE OF-10.OU FEET TO THE I?OlI�T OF C(J{ ClE OF A N0(a TANGENT CURVE 70 THE FZIGHT; OP w' HI•Cl ,TFie--RADIUS POINT UES S.42'37.50.1=.,•A RADIAL 1511 UNCE OF 948.00 FEET;Tf 1EtJCE IVOftl NEA:S7EkLY-ALDN-'fG T IE ARC,THF20UGH A CENTRAL ANGLE OF 2�"59'59', A DISTANCE OF 34.7.45 FEET TO THE TRUE POINT OF BEGINNING. CQNTAINING.3;420 SQUARE FEET,WRE OR-LES$. ALL AS MORE PARTIeULARLI'SHOWN 04 EXHIBIT B AT-FAGHED HERETO.AND MADE A PART HEREOF. DATED THIS 18TH'DAY OF AUGUST,2010 uP.g ROBERT EDWARD ST �S,PE.25068 �' ` . R8GISTRATIQN E P'lRES 1031111 �. APi'i Obi 3i61-13'.TGE - • Fage 1 U6P'3�1-CI-l9C-lBZNdM-[9-O OlOL6t/D 096�1.00d;A 4 Wiioid -\ CD lb a , Ck N W CJ - t N \ r V � N W ' Z. 4E) �. r min M v' \ h W ♦, - 4.a d b � �.•ei a- W W ` ♦ Oµ a: o N ZE `\ Q U to W Or \� p f •Q .1�. y 10 tom•O. - \- _ \` - •✓ ♦ ♦. • N .t)f M• \ EXHIBIT 6610" PARCEL NO. C-65 & C-67 (FINAL ORDER) [SEE ATTACHED] PLEASE COMPLETE THIS INFORMATION. Recorded in official Records,County of San Bernardino 9114/2011 DENNIS DRAEGER 12:14 PM RECORDING REQUESTED BY: "-' BGJ San Bernardino Associated Governments,a Joint �� ��, ASSESSOR — RECORDER — CLERK Powers Authority,acting as the San Bernardino p" County Transportation Commission Counter AND WHEN RECORDED MAIL TO: pOC#: 201 1 -0386780 Titles: 1 Pages: 20 Rick E.Rayl Nossaman LLP Fees 0.00 Irvine,CA 926 Zan Avenue,Suite 1800 Taxes 0.00 PAID $0.00 [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACF.FOR RF.CORDF.R S USF,ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) II THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form#}225 — w Inc.(www.US CourtFo rms.eom I NOSSAMAN LLP RICK E. RAYL (SBN 174257) 2 rrayl @nossaman.com 3 BRADFORD B. KUHN (SBN 245866) F I L E Q bkuhn@nossaman.com SUPERIOR COURT COUNTY OF SAN BERNARDlNO 4 Special Counsel SAN BERNARDINO DISTRICT 18101 Von Karman Avenue, Suite 1800 5 Irvine, CA 92612 AUG 16 2011 Telephone: (949) 833-7800 6 Facsimile: (949) 833-7878 � --- Deputy 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 I I SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1103194 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE JOHN P. VANDERFEER, DEPT. S37 17 Plaintiff, FINAL ORDER OF CONDEMNATION 18 vs. 19 ALEXANDRA HOLDINGS, LLC, a California [Parcel Nos. C-65/C-67] limited liability company; 20 DOES 1 Through 100, Inclusive; and ALL PERSONS UNKNOWN CLAIMING ANY 21 TITLE OR INTEREST IN OR TO THE Action Filed: March 9,2011 22 PROPERTY DESCRIBED HEREIN, Defendants. [EXEMPT FROM FILING FEES - GOV. 23 CODE, § 6103] 24 — 25 26 J 27 c 28 311631 i.DOC FINAL ORDER OF CONDEMNATION I Plaintiff San Bernardino Associated Governments, acting as the San Bernardino County 2 Transportation Commission ("SANBAG")having applied for entry of a Final Order of Condemnation, 3 having previously stipulated to a Final Judgment in Condemnation, and SANBAG and defendants 4 having waived a Statement of Decision,judgment having been entered, and payment having been made 5 in full, no other party or person having or claiming to have an interest in the property being acquired or 6 the compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE, IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit "A,"described as Assessor's Parcel 9 Numbers 28136122 and 28136123, located at E. Hospitality Lane, west of Wells Fargo Drive and east of 10 Gage Canal, San Bernardino, California, and more particularly described as SANBAG Parcel Numbers 11 C-65 and C-67,together consisting of a permanent easement of approximately 3,518 square feet, along 12 with a temporary construction easement of approximately 2,966 square feet, as described in SANBAG's 13 complaint on file in this matter("Subject Property"), is hereby condemned to SANBAG for the purposes 14 of constructing, maintaining and operating the sbX E-Street Corridor Bus Rapid Transit Project 15 ("Project"), for the purpose of all necessary and convenient activities associated with the construction of 16 the Project and for public purposes. The curb, gutter and sidewalk of the Subject Property will be 17 constructed substantially per Omnitrans' construction details plans within the proposed right of way and 18 adjacent to Alexandra Holdings, LLC, a California limited liability company's ("Defendant")remaining 19 property. The temporary construction easement shall commence seven (7) days from the date upon 20 which SANBAG or its authorized representative provides the applicable defendant with written notice 21 of its intent to commence construction utilizing the temporary construction easement and shall terminate 22 on the earliest of(a) the date upon which SANBAG notifies the applicable defendant that it no longer 23 needs the temporary construction easement, (b) six (6) months from the commencement date of the 24 temporary construction easement, or(c) December 31, 2013. 25 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 26 public purposes under Article I, Section 19, of the California Constitution,California Public Utilities Code 27 section 130220.5,and California Code of Civil Procedure sections 1240.010 through 127').050. The use 28 for which SANBAG seeks to condemn the Subject Property, to wit, in connection with the Project and 311631 1.DOC i FINAL ORDER OF CONDEMNATION i I for public transit improvements, is and was authorized by law and is and was a public use; the public 2 interest, safety, and necessity require the Project; the Project is and was planned and located in the 3 manner that will be most compatible with the greatest public good and the least private injury;and the 4 Subject Property is necessary for the Project. 5 3. Just compensation has been paid to Defendant, and such sum was accepted by the 6 Defendant, as full payment of just compensation for all claims of any nature, including without limitation 7 all claims for severance damages,relocation assistance,business goodwill,real and personal property, 8 fixtures,equipment, damages,compensation, fees,costs, and litigation expenses, other expenses,interest, 9 and any and all other claims which have been or could have been raised in the lawsuit. 10 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 11 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 12 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 13 shall be cancelled. 14 15 Dated: v JUDGE O TH SUPERIOR COURT 16 17 18 19 20 21 22 23 24 25 26 27 28 2 FINAL ORDER OF CONDEMNATION EXHIBIT A 1 LEGAL DESCRIPTION ION FOR LARGER PARCEL ATTACHMENT"1" The land referred to herein is situated in the State of California,County of San Bernardino, City of San Bernardino,and described as follows: 0281-361-22 PARCEL 1 OF PARCEL MAP NO. 17772,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT MAP RECORDED M BOOK 224,OF PARCEL MAPS,PAGES 87 TO 901NCLUSIVE,RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE SIDEWALKS, SEWERS,STORM DRAINS,WATER MAINS,CURBS,GUTTERS,PAVING,ELECTROLLERS,STREET LIGHTS,STREET NAME SIGNS,TRAFFIC SIGNALS AND ALL APPURTENANCES AND APPURTENANT IMPROVEMENTS AND RIGHTS(COLLECTIVELY,THE"IMPROVEMENTS'),WITHIN ASSESSMENT DISTRICT NO. 961,IN THE CITY OF SAN BERNARDINO,CALIFORNIA, WHICH ASSESSMENT DISTRICT IS SHOWN AND DESCRIBED IN THE ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT NO.961,RECORDED FEBRUARY 6, 1985 IN BOOK 31 OF ASSESSMENT DISTRICT MAPS,PAGES 64,65 AND 66,RECORDS OF SAN BERNARDINO COUNTY,CALIFORNIA,AS DESCRIBED IN THE DEED TO THE CITY OF SAN BERNARDINO RECORDED APRIL 11, 1985. AS INSTRUMENTIFILE N0:85- 085510,OF OFFICIAL RECORDS. ATTACHMENT"1" The land referred to herein is situated in the State of California,County of San Bernardino, City of San Bernardino,and described as follows: .0281-361-23 PARCEL 2 OF PARCEL MAP NO. 17772,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA, AS PER PLAT MAP.RECORDED IN BOOK 224,OF PARCEL MAPS,PAGES 87 TO 90 INCLUSIVE,RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE SIDEWALKS,SEWERS,STORM DRAWS,WATER MAINS,CURBS,GUTTERS,PAVING, ELECT ROLLERS,,STREET LIGHTS,STREET NAME SIGNS,TRAFFIC SIGNALS AND ALL APPURTENANCES AND APPURTENANT IMPROVEMENTS AND RIGHTS(COLLECTIVELY,THE"IIvTROVEMENTS'D WITHIN ASSESSMENT DISTRICT IS SHOWN AND DESCRIBED IN THE ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT NO.961,RECORDED FEBRUARY 6,1985,IN BOOK 31,OF ASSESSMENT DISTRICT MAPS,PAGES 64,65 AND 66,RECORDS OF SAN BERNARDINO COUNTY,CALIFORNIA.,AS DESCRIBED IN THE DEED TO THE CITY OF SAN BERNARDINO,RECORDED APRIL 11, 1985,AS INSTRUMEN IFILE NO.85- 085510,OF OFFICIAL.RECORDS. C65-0281-361-22 C67-0291-361-11 I i LEGAL DESCRIPTION AND PLAT MAP FOR PERM-ANENT ' EASEMENT. j I I t PARSONS j 3200 E.GsasH Road,Suite 200.Owaro.CA y 76; .Tel?;^rnr wi5-2�9-3SJO•F,-t 9Cf-2 2- 505. ---w p;rsors.ce:n i EXHIBIT A RIGHT OF WAY AP 0281-361-22 i THAT PORTION OF PARCEL 1, PARCEL MAP NO.17772, IN THE CITY OF SAN BERNARDINO,COUNTY OF t SAN BERNARDINO;STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 224,PAGES 87 THROUGH 90 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1,ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY UNE OF HOSPITALITY LANE(45.00 FEET HALF WIDTH);THENCE ALONG THE EAST LINE OF SAID PARCEL S.0013 0'08"E.,A DISTANCE OF 26.71 FEET;THENCE S.89°59'53"W.,A DISTANCE OF 31,58 FEET;THENCE N.50°04'131W.,.A DISTANCE OF 22.85 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH THERApiUS PRINT LIES S-09°38'09-E.,A RADIAL DISTANCE OF 948.bb FEET;THENCE WESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF,06°29'30',.A DISTANCE OF 107.41 FEET;TO THE WESTERLY LINE 01:SAID PARCEL i;THENCE ALONG WESTERL`(LINE N.14°2233"E., A DISTANCE OF 8.12 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WH1CH THE RADIUS IOOLNT LIES S.15°82'49"E.,A RADIAL.DISTANCE OF 965.06-FEET;THENCE EASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 09^16'35",A DISTANCE OF 154-.62 FEET TO THE POINT OF BEGINNING. CO. NTAINING.1,864 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY Sk{OWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 8TH:DAY OF JUNE,2010 ��oiES�ja ROBERT EDWARD ,:PE 255068Q�4dw 0 ;c REGISTRATION EXPIRES 12I /11 x cr m APN OZ81361-22 PLOW Pagel BEARING &DISTANCE DATA CURVE DATA No. BEARING DISTANCE No. R p L 2 N14°22'33"E 8,12` 1 955.00' 09°16'35" 154.62' 4 N50°04'13"W 22.85' 3 948.00' 06°29'30" 10.7.41' 5 S89°59'S3"W 31.58' 6 S00908°E 28.71' f N06°36'1 4"W 1115°52'99'V 1 6 1 l�- NO*WON 5 ' f N1fi°0T39"W i �f PARCEL 9 THACY No; P. 4'. 0" 214 PARSONS E-X H I B 1 T '' B„ °`"°~ cos am 3200 EAST GUASTI AbA0,.5y1TE ,200 �rZ8�410 ONYA0.10,cAITFOQNtA.917AI - AM 28`1=3'61-22 RIGHT OF WAY awn I of 1 i I t t PARSONS 3200 E.Gust;R*aa,Suite 20 9 u..2}6-3505 v�Nr.gar-cna. n? fc c. V.Ge'tare,GA 91;u ��ix: e: :-2 i�-3c"LC•=ar 2`G- i ` EXHIBIT A 1 RIGHT OF WAY t ` AP 0281-361-23 THAT PORTION OF PARCEL 2 PARCEL MAP NO, 17772, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 224,PAGES 87 THROUGH 90 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 2;SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF HOSPITALITY LANE(45.00 FEET HALF WIDTH);THENCE ALONG FAST UNE OF SAID PARCEL 2,8.00°36'20"E.,A DISTANCE OF 7.02 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIES S.03°1 V52"W..A RADIAL DISTANCE OF 948.00 FEET; THENCE WESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 07°00'17',A DISTANCE OF 115.90 FEET;THENCE S.43°03'09"W.,A DISTANCE OF 20-84 FEET;THENCE 5.89°59'53-W.,A DISTANCE OF 32.51 FEET TO THE WEST LINE OF SAID PARCEL 2;THENCE ALONG WEST LINE N.00°30'08"W.,A DISTANCE OF 17:99 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID HOSPITALTIY LANE AND THE BEGINNING OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES S.06°36'14"E.,A RADIAL DISTANCE OF 955.00.FEET;THENCE EASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 09°4626'.1 A DISTANCE OF 162.91 FEET TO THE POINT OF BEGINNING. i CONTAINING 1,654 SQUARE FEET,MORE OR LESS_ ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 15TH DAY OF JUNE,2010 Q�pFESSO ARD Q ,+ ui 0 2 ROBERT EDWAR ST PE 2506.8 REGISTRATION EXPt S 12131111 APN 0281361-23 ROW Page 1 { t BEARING & DISTANCE DATA CURVE DATA No, BEARING OISTANCE No. R p L 2 N00°30'08"W 17.99' 1 955.00' 09°46'26" 162.91' 3 N89'59753"E 32.51' S 948.00' 07°00'17" 115.90' S43°03'09"1 20.84` 6 500°36'20"E 7,02' r ( a. to w NO3'I.CI 1 a (RAO N06°36'14'"N � (RAO) P. ,8. NO3�D48'25"W 5 ° y � _--'•__-__ 0311' 'E r .(RAU) (RAO) I r I 1 I ' i PAARCE'L RAP 10. ill Z�9 1 0 4 C 4 ' O ' EXHIBIT B PARSONS '°` o6nIn010 a U 0'£ n(TE to N '2.81=31-24 RTLt_R •OMTO, CAUFOWA 91791 AP 1•=,{�+ i RJAHT OF tVAT -of i LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONS'T'RUCTION EASEMENT PARSONS } 3290&GU3S;i Roar„Sure 200.Onia'1C.CA 01761 "7eitp;�. n.905-2 °-3Eti0• .;x S 9- i 2'b-Joi vns:;t ar cnscam i f EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0281-361-22 THAT PORTION OF PARCEL 1•PARCEL MAP NO. 17772, IN THE CITY OF SAN BERNARDINO,COUNTY OF 1 SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 224,PAGES 87 THROUGH 90 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 1,ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HOSPITALITY LANE(45.0.0.FEET HALF WIDTH);THENCE ALONG THE EAST LINE OF SAID PARCEL SOUTH 00"30'08"EAST 28.71 FEET TO THE TRUE POINT OF BEGINNING' THENCE S.00°30'08`E.,A DISTANCE OF 5.07 FEET;THENCE S.89°34'06'W.,A DISTANCE OF 33.51 FEET; THENCE N.49°51'20"W.,A DISTANCE OF 16.14 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIES S.09°32'06"E.,A RADIAL DISTANCE OF 938.00-FEET; THENCE WESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 06`57'10',A DISTANCE OF 113.83 FEET;TO THE WESTERLY LINE OF SAID PARCEL 1;THENCE ALONG WESTERLY LINE N.14'22'33"E.,A DISTANCE OF 11.63 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES S.16°07'39"E.,A RADIAL DISTANCE OF 948.00'FEET;THENCE EASTERLY ALONG THE ARC.THROUGH A CENTRAL ANGLE OF 06'29'30'A DISTANCE OF 107.41 FEET',THENCE 5.50°04'13"E., A DISTANCE OF 22.85 FEET;THENCE N.89'5T53"E.,A 018TANCE OF 31.58 FEET TO THE TRUE POINT OF BEGINNING. ) CONTAINING 1,378 SQUARE FE=ET,MORE OR LESS: ALL AS MORE PARTICULARLY SHOWN.ON EXHIBIT 6 ATTACHED HERETO AND MADE A PART HEREOF, DATED THIS 8TH DAY OF JUNE;2010 ROFESSlQ,I, ti4�waR cn m ROBERT EDWARD, EA S, E 25068 REGISTRATION EXPIRE 12131/11 . TF0 CAltti��� Page 1 , BEARING &DISTANCE DATA CURVE DATA No: BEARING DISTAWX No. R p l 1 Soo--io S°E 28:71' 5 938.00' 06°57'10° 113.83' 2 SG 0°30'0.eE 6.07' 7 948.00' 06-°29'30" 10T.41' 3 .584°34'06"11 3351' 4 N49°51'20'11 16.14' 6 5.14°22'33"1 11.63` a. N50°04,55 22.85 9 8 -W5SV 31.W HOSPITAL•IT LANE____ - ............. _ N09°38 09"W P.O.C. N16a0T39°11 7 TP.O.IL .r^ N16°29't T1t i PAWL I � 1 . P:r�►R5t711�5 EXHIBIT " glt sio'o Exs1:msfit aissds sotta'tbp. OB!lBELQ10 "Pats,cacwofw ,seat) APtt••28'1-3gi-22 1. , TE:lIPbRI[BY 'GONZTFtUQTION''EASEMEN! "�" }a i i 1 PARSONS 3200 E GuasU Road,Suite 200,Ontario.CA 91761 kepi•o^e:909-218-3WO•Far.990-218-3605• :vv;v.parsons.v m i i EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AP 0281-361-23 THAT PORTION OF PARCEL 2 PARCEL MAP N.O. 17772,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 224,PAGES 87 THROUGH 90 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 2;SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF HOSPITALITY LANE(45.00 FEET HALF WIDTH):THENCE ALONG EAST LINE OF SAID PARCEL 2,S.00°86`20°E.,A DISTANCE OF 7.02 FEET TO THE TRUE POINT OF BEGINNING,THENCE S.00°36'20'E.,A DISTANCE OF 10-13 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH THE RADIUS POINT UES S.03"06112'1N..,A RADIAL.DISTANCE OF 985.09 FEET;THENCE WESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 06"54'40",A DISTANCE OF 119.31 FEET; THENCE SR3°03'09-W.,A DISTANCE OF 13.43 FEET;THENCE S.89°59'53'W_A DISTANCE OF 14.94 FEET; THENCE S.40'58'41'W.,A DISTANCE OF 14.42 FEET;THENCE S.89°34'06'W., A DISTANCE OF 9:73 FEET TO THE WEST LINE OF SAID PAf2CEL 2;THENCE ALONG WEST LINE N.00'30'0&"W,,A DISTANCE OF 15.79 FEET;THENCE N.89"59'53"'E.,A DISTANCE OF 32:51 FEET;THENCE N.43°03'09"E.,A DISTANCE.OF 20.84 FEET TO THE POINT(OF CURVE OF A NOMTANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES S.43°48'25"E-A RADIAL DISTANCE OF 948.00 FEET;THENCE EASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 07°00'17",A DISTANCE OF 1 t5.90 FEET TO THE TRUE POINT OF BEGINNING- CONTAINING 1,588 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN-ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 25TH DAY'.OF AUGUST,2010 �RdFE&$j - AppS ` C No > . m m i c° 5 y ROBERT EDWARD ST FF PE 25068 # REGISTRATION EXPIRES 12131711 A �Q F AVVIV, APN0281-361-23 Tcs Nge 1 BEARING & DISTANCE DATA CURVE DATA 507 BEARING DISTANCE No. R p L 2 N43°03'09"E 20.84' 1 9'48.00' 07°00'17" 115:90' 3 N69°59'53"E 32.51' 9 989.09' 06°54'40" 719.31' 4 N00030'08"W: 15.79' r 5 589.°34'06"W 1 6• 5,40°58`41"W 14.42' 7 889°59'53"W 1.4.94' B 543'03.'1 , 13..43' II 1_ 800°36'ZO" 10:13' I N00°36'20"W 7.02' W � N HASPITALITY IAN cl NO3°11'52"E Q3°48' "W RAD SAD) 25 P:O,E, I i .T. , I e N ' J V I • O O b A a a .. PARSONS EXHIBIT sZoo East bOASTI ACAa, S-OIJE'too A 0 N 481-361r2� ONTARIO,LAl1FORNIL 91M " TPUPORA.RY .C©N•STRUCTIDN EASEMENT a I PROOF OF SERVICE 2 The undersigned declares: 3 I am employed in the County of Orange, State of California. I am over the age of 18 and am not a party to the within action; my business address is c/o Nossaman LLP, 18101 Von 4 Karman Avenue, Suite 1800, Irvine, CA 92612. 5 On August 4, 2011, 1 served the foregoing [PROPOSED] FINAL ORDER OF CONDEMNATION on parties to the within action as follows: 6 ® (By U.S. Mail) On the same date, at my said place of business, a true copy thereof 7 enclosed in a sealed envelope, addressed as shown on the attached service list was placed for collection and mailing following the usual business practice of my said employer. 1 8 am readily familiar with my said employer's business practice for collection and 9 processing of correspondence for mailing with the United States Postal Service, and, pursuant to that practice, the correspondence would be deposited with the United States 10 Postal Service, with postage thereon fully prepaid, on the same date at Irvine, California. 11 ❑ (By Facsimile) I served a true and correct copy by facsimile pursuant to C.C.P. 1013(e), to the number(s) listed on the attached sheet. Said transmission was reported complete 12 and without error. A transmission report was properly issued by the transmitting facsimile machine, which report states the time and date of sending and the telephone 13 number of the sending facsimile machine. A copy of that transmission report is attached hereto. 14 ❑ (By Overnight Service) I served a true and correct copy by overnight delivery service for 15 delivery on the next business day. Each copy was enclosed in an envelope or package 16 designated by the express service carrier; deposited in a facility regularly maintained by the express service carrier or delivered to a courier or driver authorized to receive 17 documents on its behalf-, with delivery fees paid or provided for; addressed as shown on the accompanying service list. 18 ❑ (By Electronic Service) By emailing true and correct copies to the persons at the 19 electronic notification address(es) shown on the accompanying service list. The document(s) was/were served electronically and the transmission was reported as 20 complete and without error. 21 Executed on August 4, 2011. 22 ® (STATE) I declare under penalty of perjury under the Iaws of the State of California that 2 3 the foregoing is true and correct. 24 25 26 4ancy Ne une 27 28 304635_1.DOC I PROOF OF SERVICE 1 SERVICE LIST (C65/C67) 2 Law Offices of Steven C. Wellington Attorneys for Defendant 3 4941 Campanile Drive Alexandra Holdings LLC San Diego, CA 92115 4 Tel: 619.542.9867 5 Fax: 760.452.2678 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 PROOF OF SERVICE �.01AT o�c�. THE DOCUMENT TO WHICH THIS CERTIFICATIM, 1S `a •.... r��� ANTE CHED 15 A i UU, TRUE AND CORRECT COPY OF 4i o ATTEST tAY FttE AND OF RECORD aN W OFFICE. sy r y Clark of tits 3eperlcx Gantt the Stats of a $aOMmia,lh end for the Courtly of 8arnardina. SEP x 4 101! •fir, ' c�--.,. .t,�txcJll. !nx cry RECORDING REQUESTED BY: SANBAG 1170 West 3`d Street,2nd Floor San Bernardino,CA 92410-1715 WHEN RECORDED MAIL TO: CITY OF SAN BERNARDINO 300 N.D STREET,31iD FLR SAN BERNARDINO,CA 92418 EXEMPT FROM REC.FEES PER GOVT.CODE§27383 APN(s): See Exhibit"1" QUITCLAIM DEED EXEMPT FROM DOC.TRANSFER TAX PER sbX Parcel#C62-C80 REV.&TAX CODE§11922 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SAN BERNARDINO ASSOCIATED GOVERNMENTS, a public agency existing under the laws of the State of California ("SANBAG"), acting as the San Bernardino County Transportation Commission, a public agency existing under the laws of the State of California ("Grantor"), does hereby REMISE, RELEASE and forever QUITCLAIM to the CITY OF SAN BERNARDINO, a California Municipal Corporation ("Grantee"), all of the right, title, and interest in the permanent easement(s) located in the City of San Bernardino, County of San Bernardino, State of California, as identified in those certain recorded instrument(s) listed in Exhibit "1", and further described as a permanent easement in a copy of said instrument(s) as Exhibit(s) "2", 6639', 66499, 66599, 6(699, 6(799, 66899, 669" and "10", respectively, attached hereto and incorporated herein by this reference. Prior to the execution and recording of this Quitclaim Deed, the permanent easements were in favor of Grantor pursuant to those certain instrument(s) dated and recorded in the Official Records of San Bernardino County, California as indicated on Exhibit "I". Notwithstanding anything contained in this instrument to the contrary, to the extent that the (any) instrument identified in Exhibit(s) "2" through "10" include(s) a temporary easement (such as and including without limitation, for example, a temporary construction easement), this instrument does not include the same and, therefore, there shall be no transfer, assignment, set over, conveyance, grant or quitclaim of such temporary easement(s) or any interest therein by, under or pursuant to this Quitclaim Deed. Any facilities located within the property (properties) described as a permanent easement in the recorded instrument(s) attached hereto as Exhibit(s) "2" through "10", are being left in place in an "as is, where is, with all faults" condition. Grantee acknowledges and agrees that Grantor is conveying all right, title and interest in and to the herein-described real property on an "as is, where is, with all faults" basis. And Grantee further acknowledges and agrees that Grantor does not warranty the condition of the facilities and does not guarantee their fitness for any purpose. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below. Dated: GRANTOR: SAN BERNARDINO ASSOCIATED GOVERNMENTS acting as the San Bernardino County Transportation Commission NOTARY ACKNOWLEDGEMENT: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ) S.S. On before me, , Notary Public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature SEAL: ACCEPTANCE This is to certify that the interest in the real property conveyed by the within instrument to the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council, and grantee consents to the recordation thereof by its duly authorized officer. CITY OF SAN BERNARDINO By: City Clerk Date: EXHIBIT "I" PARCEL/DOCUMENT LISTING Exhibit sbX Recorded Description Property Document Comment # Number 2 C62 0281-351-27 North of E. Hospitality Ln. 2011-0328892 Easement San Bernardino CA 92408 Deed 3 C64 0281-351-28 966 E. Hospitality Ln. 2012-0105441 Final Order San Bernardino CA 92408 4 C66 0281-351-29 996 E. Hospitality Ln. 2011-0418242 Easement San Bernardino CA 92408 Deed North of E. Hospitality Ln. Easement 5 C68 0281-351-30 2011-0328893 San Bernardino, CA 92408 Deed 6 C69 0281-361-21 945 E Hospitality Ln. 2012-0153103 Final Order San Bernardino CA 92408 7 C70 0281-351-31 1092 E Hospitality Ln. 2011-0408907 Easement San Bernardino CA 92408 Deed 8 C71 0281-361-20 1099 E. Hospitality Ln. 2014-0082285 Final Order San Bernardino, CA 92408 9 C72 0281-351-32 1760 S.Tippecanoe Ave. 2011-0408909 Easement San Bernardino CA 92408 Deed 10 C80 0281-133-03 1805 S.Tippecanoe Ave 2012-0371571 Final Order San Bernardino CA 92408 EXHIBIT "2" PARCEL NO. C-62 (EASEMENT DEED) [SEE ATTACHED] Recorded In Official Records,County of San Bernardino 8104/2011 DENNIS QRAEGER EM M AM RECORDING REQUESTED By JA ASSESSOR — RECORDER — CLERK e xAAp I . AND WHEN RECORDED MAIL DOCUMENT AND "111 683 Stewart Title Co.—Glendale TAX STATEMENT TD: 5qn/�"rne'JNiV �$ot�q Doc#: 2011 —0328892 Titles: 1 Pages: 8 mme l°iv��iny�te Fees 0.00 BTRUT 4�D �jp�QLr og-2:e Taxes 0.00 A°oaesa {l TU W. .3rd 4'I Other PAID 10.00 Cm.eTATE nvcooe � r SPACE ABOVE FOR RECORDER'S USE ONLY Title of Document THIS COVER SHEET ADDED TO PROVIDE,ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Re6aniing Fee 40'1[as) Mail lax Statement as Directed AbovE Description: San Bernardino,CA Document-Year.DoclD 2011.328892 Page: 1 of 8 Order; 358868 Comment: RECORDING REQUESTED BY: Stewart Title of California, Inc. 2010 Main Street,Suite 250 Irvine, CA 92614 Escrow and Order No WHEN RECORDED MAIL TO: SAN BERNARDINO ASSOCIATED GOVERNMENTS sbX Project Office 1170 W. 3`d Street,2"d Floor San Bernardino,California 92410-1715 Portions APN(s):0281.351-27 EXEMPT FROM RECORDING FEES PER GOVT.CODE§27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV.&TAX CODE§11922 EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Tippecanoe Northpointe, LLC, a California limited liability company ("Grantor") does hereby GRANT and CONVEY to San Bernardino Associated Governments acting as the San Bernardino County Transportation Commission ("Grantee"), and its successors and assigns, an casement for public street purposes over and across, that certain portion of real property located in the County of San Bernardino, State of California, more particularly described in the legal description attached hereto. SEE LEGAL DESCRIPTION SET FORTH IN EXHIBIT"A"AND MAP OF REAL PROPERTY SET FORTH IN EXHIBIT"B", both of which Attachments are incorporated by this reference. IN WITNESS WHEREOF,Grantor has caused this instrument to be executed on the date set forth below. / Dated: G Z,� GRANTOR: Tippecanoe Northpointe,LLC,a Cali is limited Iiability y By: Title. Attest By: Title: f Description: San Bernardino,CA Document-Year.DOCID 2011.328892 Page: 2 of 8 Order: 358868 Comment: NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) )ss. COUNTY OF SA w bkrt ym n W ) On m/, 2011 before me, _�. �. LaMhl , notary public, personally appeared J" rr,( ,� who proved to me on the basis of satisfactory evidence to be the person( ) whose name(s)G/are subscribed to the within instrument and acknowledged to me that ie'�sho4tey executed the same in is�he4dteir authorized capacity(ies), and that byereir si ng_ature on the instrument the person ,or the entity upon behalf of which the persons)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. M.C. #18 7 S79 I A Signature of Notary Public CommitNoe Noury PuNk-C81110 IR An QefQwiflo County Lemycgr-fx Ira Jul 11 2 13 Description: San Bernardino,CA Document-Year.DocID 2011.328892 Page: 3 of 8 Order: 358868 Comment: RECORDING REQUESTED BY Stewart Title of California,Inc. AND WHEN RECORDED MAIL DOCUMENTAND TAX STATEMENT TO: NAME San Bernardino Associated Governments sbX Project Office Attn:Ryan Graham STREET 1170 W.31°Street,2"O Floor ADDRESS cm.STATES San Bernardino,CA 92410-1715 ZIP CODE TITLE ORDER NO.: ESCROW NO.: SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated April 26, 2011, from Tippecanoe Northpointe, LLC, a California limited liability company (OWNERIGRANTOR) to the San Bernardino Associated Governments (SANBAG) acting as the San Bernardino County Transportation Commission (GRANTEE), by the within instrument,the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of SANBAG pursuant to authority conferred by the SANBAG Board of Directors Agenda Item 22, adopted on February 2, 2011, and the GRANTEE consents to recordation thereof by its duly authorized officer. Description/identification of real property: North side of Hospitality Lane, east of Gage Canal and north of Hospitality Lane, approximately 450'west of Tippecanoe Avenue,within the city of San Bernardino, San Bernardino County, California, designated as Assessor Parcel Number 0281-351-27. Dated: 7 / By. Deborah Robinson Barmack, Executive Director STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On �7/ .2 V before me, &,11 a* (Date) (Na e aT�i nd title of the officer) personally appeared a' 0/A-Z /o bit75ga c go-/"/Y12 who proved to me on the basis of (Name or person signing satisfactory evidence to be the person(a� whose name Islare•subscribed to the within instrument and acknowledged to me that -Wshe/t4" executed the same In Msiher/ttwir authori ed capacity(ias) and that by 4islher/1:48.signatureW on the instrument the person(,or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of officer ANN A ALUANA M (Seal) ANN Commission#1635386 Notary Public•California San Bernardino County @Mgomm.Expires Ma g,2013+ Description: San Bernardino,CA Document-Year.DoclD 2021.328892 Page: 4 of 8 Order: 358868 Comment: EXHIBIT"A"TO EASEMENT DEED Legal Description of Easement [APN: 0281-351-271 i Description: San Bernardino,CA Document-Year.DocID 2011.328892 Page: 5 of 8 Order: 358868 Comment: t i PARSONS 3203 E.Gua,.fi Road,Suite 200, Cf,91761 90P-216-38CJ•Fax?vi)-r i 8-3G05• ^:nv.parsrs.wnt EXHIBIT A RIGHT OF WAY AP 0281-351-27 THAT PORTION OF PARCEL 1, PARCEL MAP NO.17174, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS PER MAP RECORDED W BOOK 213,PAGES 100 THROUGH 105 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1;THENCE N.14°22'33"E ALONG THE WEST LINE OF SAID PARCEL 1, A DISTANCE OF 5,07 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE I TO THE RIGHT,OF WHICH THE RADIUS POINT LIES S.12°54'51"E.,A RADIAL DISTANCE OF 1,049.50 FEET; i THENCE EASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 11029'13",A DISTANCE OF 210.41 FEET;THENCE S,71°51'28"W.,A DISTANCE OF 12.58 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 15°41'05";THENCE WESTERLY ALONG THE ARC A DISTANCE OF 6.84 FEET TO A POINT OF REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 1,045.00 FEET AND A CENTRAL ANGLE OF 10°35'03';THENCE WESTERLY ALONG THE ARC,A DISTANCE OF 193.04 FEET TO THE POINT OF BEGINNING, CONTAINING 916 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 27TH DAY OF AUGUST, 2010 QppFEBSIp'�0 3 m N0, m m ROBERT EDWARD E O' S;,PE 25068 2 $ °' REGISTRATION EXPIR 1111 �Q OF CAU40 APN 0281.351.27 ROW Page 1 Description: San Bernardino,CA Document-Year.DoclD 2011.328892 Page: 6 of 8 Order: 358868 Comment: I E EXHIBIT"B"TO EASEMENT DEED Map of Real Property [APN: 0281-351-27] Description: San Bernardino,CA Document-Year.DoCID 2011.328892 Page: 7 of 8 Order: 358868 Comment: OOP-AOM-d2-IS£-192thm OLOVO£/9 096Yf00d;Cq Pa�J-old 0 o v fi lu 3 1 1 L � C ; _ N r¢ ' 3 O ° t- W 1 N i \ M o W o I rn CO a �v I N ,f � , 1 , W Q �p �a NO Np 1 O y 3 NO NN y O 31 O 11 z� wo= 3 c J r'i tD O 1 N 1 © r M Irl, om ------_— �o ,n t7f g O d M P N P CV� 45' � V y '° � w6 29 ' Cj C! y 45 S g tt An in C" z It � a 1 1 1 i W fql 1 G FQ„ N In N^ O 1 M UIn .N-.4 lV , � 1 Z C m O 1 O H W W � �• __- O M Q 1 w CM z OC 1 1 z @ uj 45 n 1 `1. Description: San Bernardino,CA Document-Year.DoclD 2011,328892 Page: 8 of 8 order: 359868 Comment: EXHIBIT 663" PARCEL NO. C-64 (FINAL ORDER) [SEE ATTACHED] Electronically Recorded in QfFicial Records,County of San Bemardino 311912012 06:00 AM DENNIS DRAEGER BN RECORDING REQUESTED BY: _ ASSESSOR-RECORDER-CLERK Stewart Title of California,Inc. 683 Stewart Title Co.-Glendale Attn: Grace Kim ` 2010 Main Street,Suite 250 Doc : 2012-0105441 Titles: 1 Pages: 8 Irvine,CA 92614 Fees oc Taxes DO Escrow and Order No. 1 It I I�f+III I y�I� IN Other .00 PAID .00 WHEN RECORDED MAIL TO: SAN BERNARDINO ASSOCIATED GOVERNMENTS sbX Project Office 1170 W. 3rd Street, 2°d Floor San Bernardino,California 92410-1715 1rtt?0 Portions APN(s):0291-351-3§ EXEMPT FROM RECORDING FEES PER GOVT.CODE§27383 y�} i Iw, k5 .V (31J� EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV.&TAX CODE§11922 t 1 Wr�-1O_ EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Tippecanoe Northpointe, LLC, a California limited liability company ("Grantor")does hereby GRANT and CONVEY to San Bernardino Associated Governments acting as the San Bernardino County Transportation Commission ("Grantee"),and its successors and assigns, an easement for public street purposes over and across, that certain portion of real property located in the County of San Bernardino, State of California, more particularly described in the legal description attached hereto. C s4arA r..,,, p,�4"° SEE LEGAL DESCRIPTION SET FORTH IN EXHIBIT"A"AND MAP OF REAL PROPERTY SET FORTH IN EXHIBIT`B", both of which Attachments are incorporated by this reference. IN WITNESS WHEREOF,Grantor has caused this instrument to be executed on the date set forth below. Dated: GRANTOR: Tippecanoe Northpointe LLC,a California limited liability company By: Title: Attest By: Title: Description: San Bernardino,CA Document-Y@ar.DocID 2012.105441 Page: 1 of 8 Order: 358992 Comment: NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) 2 )ss. COUNTY OF mny t7Xnm J n o ) On kn L A , 2011 before rme, "ZM fl� , notary public, personally appeared [ t ,(� c�` /ul iYN�i . T(I- who proved to me on the basis of satisfactory evidence to be the person()whose names it are- subscribed to the within instrument and acknowledged to me tha(�VsheAhey executed the same it ft min authorized ca aci res), and that by&heOd eir si nature(8) on the instrument the person), or the entity upon behalf of which the person )acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. M.C. Cnnga*1667312 Signature of No 'Public Noerl►1�-cwion� inn e.nNrabw o Description: San Bernardino,CA Document-Year.DocID 2012.105441 Page: 2 of S . Order: 358992 Co=ent: RECORDING REQUESTED BY Stewart Title of California,Inc. AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: MME San Bernardino Associated Governments sbX Project Office Attn:Ryan Graham STREET 1170 W.30 Street,2nd Floor ADDRESS CITY,STATE a San Bernardino,CA 92410-1715 LP CODE TITLE ORDER NO.:182345 ESCROW NO.:1112345 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated April 26, 2011, from Tippecanoe Northpointe, LLC, a California limited liability company (OWNER/GRANTOR) to the San Bernardino Associated Governments (SANBAG) acting as the San Bernardino County Transportation Commission (GRANTEE), by the within instrument,the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of SANBAG pursuant to authority conferred by the SANBAG Board of Directors Agenda Item 22, adopted on February 2, 2011, and the GRANTEE consents to recordation thereof by its duly authorized officer. Description/identification of real property: 966 E. Hospitality Lane,within the city of San Bernardino, San Bernardino County,California,designated at Assessor Parcel No.0281-351-28. Dated: By: Deborah Robinson Barmack, Executive Director STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO �/}} n l / On_� 17, ,10// before me. Ignna t7 1i'/ t7w (Date) (N me and Utle of tt 6 officer) personally appeared 2e 5a/I .177,74=� who proved to me on the basis of (Name o person slgni�g satisfactory evidence to be the person whose name Is/me subscribed to the within instrument and acknowledged to me that hefshe/they executed the same In-his/ er/tkeir author' ed capacity( ), and that by-his/her/their signature on the instrument the person(,or the entity upon behalf of which the person acted,executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. an axl � Signature of officer GO ANNA ALOANA (Seal) Commission#1835me Notary Public-Californis San Bernardino County My Comm.Expires Mar B.2013 M Description: San Bernardino,CA Document-Year.DocXD 2012.105441 Page: 3 of 8 . -- Order: 358992 Comment: EXHIBIT "A"TO EASEMENT DEED Legal Description of Easement [APN: 0281-351-28] Description: San Bernardino,CA Document-Year.DOCID 2012.105441 Page: 4 of 8 ---- Order: 358992 Comment: PARSONS 3k')0 E.Guat-D Rnad,Saitc;LCl Orltari:,,CA 91761 .'lelephau:939-216-3600-Fax 909-218-3_,f15• wtitv.par�ons.ccnt EXHIBIT A RIGHT OF WAY AP 0281-351-28 THOSE PORTIONS OF PARCEL 2, PARCEL MAP NO. 17174,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 213, PAGES 100 THROUGH 105 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL A COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2,SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF HOSPITALITY LANE,ALSO BEING ON A NONTANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1057.00 FEET,A RADIAL BEARING TO SAID CURVE BEARS NORTH 03°28'40"EAST;THENCE SOUTHEASTERLY 10.43 FEET ALONG SAID CURVE AND ALONG THE SOUTHWEST LINE OF SAID PARCEL 2 THROUGH A CENTRAL ANGLE OF 00°33'55"TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 45.00 FEET,A RADIAL BEARING TO SAID CURVE BEARS NORTH 04"0236"EAST;THENCE SOUTHEASTERLY 14.51 FEET ALONG SAID CURVE AND CONTINUING ALONG SAID SOUTHWEST LINE THROUGH A CENTRAL ANGLE OF 18°28'18";THENCE CONTINUING ALONG SAID SOUTHWEST LINE SOUTH 67"29'06"EAST 14.36 FEET TO THE TRUE POINT OF BEGINNING;SAID POINT BEING THE BEGINNING OF A CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES S.05°44'38"W.,A RADIAL DISTANCE OF 1,049.50 FEET;THENCE EASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 04°36'53",A DISTANCE OF 84.53 FEET;THENCE S.86°02'39"W.,A DISTANCE OF 15.96 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 13°09'20';THENCE WESTERLY ALONG THE ARC A DISTANCE OF 5.74 FEET TO A POINT OF REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 1,045.00 FEET AND A CENTRAL ANGLE OF 02°2640';THENCE WESTERLY ALONG THE ARC,A DISTANCE OF 44.28 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 15°44'35';THENCE WESTERLY ALONG THE ARC,A DISTANCE OF 6.87 FEET;THENCE N.67°29'06"W.,A DISTANCE OF 12.52 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 304 SQUARE FEET.MORE OR LESS. PARCEL B BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 2;THENCE ALONG THE SOUTHWEST LINE OF SAID PARCEL N.78°5834"W.,A DISTANCE OF 38.62 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIES N.41-1T40"W.,A RADIAL DISTANCE OF 18.00 FEET;THENCE NORTHEASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 34 021'56",A DISTANCE OF 10.80 FEET;THENCE S.75'39'36"E.,A DISTANCE OF 35.42 FEET TO THE EASTERLY LINE OF SAID PARCEL 2;THENCE ALONG EASTERLY LINE S.14°23'28"W.,A DISTANCE OF 7.93 FEET TO THE POINT OF BEGINNING. CONTAINING 327 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 2ND DAY OF JUNE,2010 oQ�WESS ��QF �0 ARpsr�l� (w m No. m rTn t� d 25 y R BERT EDWARD E/ NS,PE 25068 REGISTRATION EXPIRES 12/31/11 t APN 0281-351-28 ROW Page i Description: San Be=ardino,CA Document-Year.DocID 2012.105441 Page: 5 of 8 Order: 358992 Comment: EXHIBIT"B"TO EASEMENT DEED Map of Real Property [APN: 0281-351-28] Description: San Bernardino,CA Document-Year.DoclD 2012.105441 Page: 6 of 8 --- ----- Order: 358992 Cc=ent: i I LOWAOU-6Z-I5C-1BZNdY-Y9-3 010VOC/9 0961,1,00d I,CQ P'+410fd 0 0 0 � r � 1 0 / I I , 1 1 1 ! m , _ ! 1 -J 1L7 s1, O ! v tr l sS W f m (p } in w 'sn 'n o rn - sp --1 ! +! N .- Q M N v o b M [ 0 N q c*y 0 0 o N O o O n O o P 0 0 0 0 0 0 0 i. . O M 1 v N O' N Q N v Q 1110 r ti 1 ! b o o t— u o I x 4 z N to t0 t�ago + ~I ! AX 1 1 + Ca! I S� Ug P � 1 I ` / I 7 o pOC ' ac ate ?' I N Ln I � r z 1 O o Y r 1 0q �o Q [wj M N M N cn / Q to A N GO W N W M M a �� 1 2 l'1 1 0 I � v c io im v !+l eD 01 1h o! 01 D 1// 77y U' W o 0 0 0 2 Ate' m w to 'r a 'W / I N N 1` N O l 1 d' N N n Z ! W Z cr W Z / ^ 1 C �n w o + b a , z a ~ M p Q N t1'} M N D 1 LLJ N r" l\I 1,V C? C z tL N N O O ? � N co t- I- tp t0 Q N Vol Z 2 Z M W ^ d z¢ fLCJ ¢ ,Sti I 419 1 Description: San Bernardino,CA Doc=ant-Year.DocID 2012.105441 Page: 7 of 8 ' Order: 358992 Comment: EXHIBIT"B"TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS TEMPORARY CONSTRUCTION EASEMENT [attached behind this page] Description: San Bernardino,CA Document-Year.DocXD 2012.105441 Page: 8 of 8 Order: 358992 Comment: EXHIBIT "4" PARCEL NO. C-66 (EASEMENT DEED) i [SEE ATTACHED] I Electronically Recorded in Official Records,County of San Bernardino 10105/2011 08:58 AM DENNIS DRAEGER FV RECORDING REQUESTED BY: ASSESSOR-RECORDER-CLERK Stewart Title of California,Inc. ''" 683 Stewart Title Co.-Glendale Attn: Grace Kim 2010 Main Street, Suite 250 Doc#: 2011-0418242 Titles: 1 Pages: 8 Irvine;CA 92614 Fees .00 Escrow and Order No. 3 I7 Z II I II I I I VIII II I I I I I II I IIII IIII III Other .00 Mail Tax Statements to PAID .00 WHEN RECORDED MAIL TO: SAN BERNARDINO ASSOCIATED GOVT sbX Project Office 1170 W. 3rd Street,2nd Floor San Bernardino,California 92410-1715 Portions APN(s):0281-351-29 EXEMPT FROM RECORDING FEES PER GOVT.CODE§27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV.&TAX CODE§11922 EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Tippecanoe Northpointe, LLC, a California limited liability company ("Grantor") does hereby GRANT and CONVEY to San Bernardino Associated Governments acting as the San Bernardino County Transportation Commission ("Grantee"), and its successors and assigns, an easement for public street purposes over and across, that certain portion of real property located in the County of San Bernardino, State of California, more particularly described in the legal description attached hereto. SEE LEGAL DESCRIPTION SET FORTH IN EXHIBIT"A"AND MAP OF REAL PROPERTY SET FORTH IN EXHIBIT`B", both of which Attachments are incorporated by this reference. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below. / Dated: 26 2U�� GRANTOR: Tippecanoe Northpointe,LLC, a California limited liability c mpany By: Title: iZN1 Attest By: Title: Mail Tax Statement as Directed AWN& EXHIBIT "A" TO EASEMENT DEED Legal Description of Easement [APN: 0281-351-29] I ' i ARSON -,200 GL-zrf Rnd,SuRp 2V; ,G➢fAtio..Ct,.917C! •Te-lo h-on:Pa-21E-3600•Fa%E G9-21&3'05• vrNx. J 5.^O Y , , EXHIBIT A RIGHTOFWAY AP 0281-351-29 THOSE PORTIONS OF PARCEL 3,PARCEL MAP NO. 17174,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 213,PAGES 100 THROUGH 105 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: PARCEL A BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3,SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF HOSPITALITY LANE(57 FEET HALF WIDTH);THENCE ALONG THE WEST LINE OF SAID PARCEL 3,N.14°23'28"E.,A DISTANCE OF 28.49 FEET;THENCE S.75°39'36"E.,A DISTANCE OF 36.35 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIES S.75°39'36"E.,A RADIAL DISTANCE OF 23.00 FEET;THENCE SOUTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 93°18'58",A DISTANCE OF 37.46 FEET;THENCE S.11°01'26"W.,A DISTANCE OF 0.50 FEET;THENCE S.78°58'34"E.,A DISTANCE OF 34.52 FEET;THENCE S.77°01'43"E.,A DISTANCE OF 5.34 FEET;THENCE S.73°02'19"E.,A DISTANCE OF 5.47 FEET;THENCE S.69°13'01"E.,A DISTANCE OF 4.46 FEET TO THE S'LY LINE OF SAID PARCEL 3;THENCE N.78"58'34"W ALONG SAID S'LY LINE, A DISTANCE OF 110.62 FEET TO THE POINT OF BEGINNING. CONTAINING 1,243 SQUARE FEET,MORE OR LESS. PARCEL B COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 3;THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 3 N.76°58'52"W.,A DISTANCE OF 27.46 FEET TO A POINT OF U VET C R O THE LEFT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 09°25'19";THENCE WESTERLY ALONG THE ARC A DISTANCE OF 5.76 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 1,043.00 FEET AND A CENTRAL ANGLE OF 04°04'57";THENCE WESTERLY ALONG THE ARC,A DISTANCE OF 74.32 FEET TO A POINT OF REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 13°22'50";THENCE WESTERLY ALONG THE ARC,A DISTANCE OF 8.17 FEET;THENCE S.84"17'55"W.,A DISTANCE OF 33.53 FEET;TO THE TRUE POINT OF BEGINNING:THENCE S.84°17'55"W.,A DISTANCE OF 9.17 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES N.10°22'34"E.,A RADIAL DISTANCE OF 1,055.00 FEET;THENCE WESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 00°38'52",A DISTANCE OF 11.93 FEET;THENCE N.78"58'34"W., A DISTANCE OF 48.03 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 15°07'27';THENCE WESTERLY ALONG THE ARC A DISTANCE OF 6.60 FEET;THENCE N.63°51'07"W.,A DISTANCE OF 6,27 FEET;THENCE LEAVING SAID S'LY LINE OF PARCEL 3 S.78°58'34"E.,A DISTANCE OF 60.61 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 1,052.50 FEET AND A CENTRAL ANGLE OF 01°07'39";THENCE EASTERLY ALONG THE ARC A DISTANCE OF 20.71 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 180 SQUARE FEET,MORE OR LESS. APN 0281-351-29 ROW Page 1 PARCEL C BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 3;THENCE ALONG THE SOUTHERLY LINE OF SAfD PARCEL 3;N.76°58'52"W.,A DISTANCE OF 22.29 FEET;THENCE N.42°23'00"E.,A DISTANCE OF 11.95 FEET;THENCE N.89°34'18"E.,A DISTANCE OF 13.63 FEET TO A POINT ON THE E'LY LINE OF SAID PARCEL 3;THENCE S.00°07'13"E ALONG SAID E'LY LINE, A DISTANCE OF 13.95 FEET TO THE POINT OF BEGINNING. CONTAINING 211 SQUARE FEET,MORE OR LESS. E € ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. s f DATED THIS 8TH DAY OF NOVEMBER,2010 o�g6h"SS/ � ROBERT EDWARD STEA ,PE 25C68 ; LLi 0 ' = S rn m REGISTRATION EXPIRES 12/31/11 8 C" x' Civiv. FOF CALIF°P 1 a t f APN 0281-351-29 ROW Page 2 EXHIBIT "B"TO EASEMENT DEED Map of Real Property [APN: 0281-351-29] II, u6o•,x0if-fit-LS£-lBZNdtl-99-0 0102191LI 096bb00d ;.CO Da440fd 0 0 v � to O M .— to N ' f O •.• y J M W N M ti m !0. I 1 E a li (� 0U 00 R IL !r ' LO p C O M O N O N / w °n'1 Din O D o+ Dv Dr 2 I y m 0 0 0 0 _ _ _ _ _ V 0 0 0 0 0 C) 0 0 0 0 In 0 0 0 M In In N Y7 M to (rs N N U7 In M Qr M P P N O O O t Q N II Z - ^ CSCOP 1 I CA < N 4 ' I w Ln a. a LLJM � .o cu m In m In 0 m 01 O N M M M I f 4 L1C !a— W W W LLf 3 W W W W m m N , W N M tL1 M m M O 111 LL'I O.-! iT O M N In 3 O D O o o O D O1 O o D to tx Il\_y/ Zm Q m to O N to m 00 N O ! Ln m 1n t) O m = 0 m O D 1 In Z 1,7 V1 Z Z Z to z Q cc °v z w f z — �¢ 1 I Q (wj N 6 i- �T N O 117 c" ti W ' 1- z W Q V M In 9 M Q N jri l0 GO 'T In In V• O to m w N N ^ M M N W w W O = 0 Dio 0 D.- ¢ / '.a H3 1t 3t 3 3 w w w La V) z lr ° o V i _ c� -v C1 in v io iD co ti Ir Ca Z M O .- © _ Q 117 O O 111 O M N 111 z w o o e o 0 0_ D o o / Z m Cl ti h~- N N tMD Cd 1 In o 2 2 2 2 m Z lA 2 N J � ED Z f N / d M / o / 3 v / _ � r r U =1 r Q I w s. .Sb Ir ti x C6 r a7 / 4 O 1 1 p�J Z / 1 ° CL NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) )ss. COUNTY OF SPw 6-fr-ronO-a f N 0 ) On (y , 2011 before me, notary public, personally appeared T rwr i�` As"Ac-e (L , who proved to me on the basis of satisfactory evidence to be the pgrmu(,�) whose nameN ddhre subscribed to the within instrument and acknowledged to me thal(N /sheM y executed the same in iisOhe�r authorized capacity ), and that by ohio=their si ng atureN on the instrument the person(s),or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. o �14= M.C.LAMB Signature of Notary Public COMMS on it 1457376 MoUryr powle-cmmonft I"swe"no cm" dW 11 2013 RECORDING REQUESTED BY Stewart Title of California,Inc. AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: NAME San Bernardino Associated Governments sbX Project Office Attn:Ryan Graham STREET 1170 W.3'd Street,2nd Floor ADDRESS crry,STATE s San Bernardino,CA 92410-1715 21P CODE TITLE ORDER NO.:182346 ESCROW NO.: 182346 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated April 26, 2011, from Tippecanoe Northpointe, LLC, a California limited liability company (OWNER/GRANTOR) to the San Bernardino Associated Governments (SANBAG) acting as the San Bernardino County Transportation Commission (GRANTEE), by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of SANBAG pursuant to authority conferred by the SANBAG Board of Directors Agenda Item 22, adopted on February 2, 2011, and the GRANTEE consents to recordation thereof by its duly authorized officer. Description/identification of real property: 996 E. Hospitality Lane, within the city of San Bernardino, San Bernardino County, California, designated at Assessor Parcel No. 0281-351-29. Dated: By: 2 Deborah Robinson Barmack, Executive Director STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO n /� On -y 14 VO/ before me, fTYlt7� 14 j n1J . o-&fu prL�(l, —'(Date) �^ (Name and title oft officer) personally appeared o !�i 1�S Dn who proved to me on the basis of (Name or person signing) satisfactory evidence to be the person4r4 whose name(s) islare subscribed to the within instrument and acknowledged to me that iwL/she/lhey executed the same In.t>as/her/their authorized capacity(ie�) persono,or the entity upon behalf of which the person;d)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of officer ANNA AIDANA (Seal) Commission#1835388 Notary Public•California San Bernardino County MY Comm.Expires Mar 6,2013 It EXHIBIT 665" PARCEL NO. C-68 (EASEMENT DEED) [SEE ATTACHED] i Recorded In Ofllcial Records,County of San Bernardino 8/04/2011 DENNIS DRAEGER EM o AM RECORDING REQUESTED BY ,M„GO"'wui ASSESSOR -- RECORDER - CLERK i AND WHEN RECORDED MAIL DOCUMENT AND 683 Stewart Tide Co.—Glendale TAX STATEMENT TO: Doc#: 2011—0328893 Titles: I Pages: 3 Fees 0.00 STJ 7 rG� Taxes r 0 0.00 STREET I�YU W• �!d I Other .00 ADORESS ppIp $0.00 C+TY,STATEt ZIPCODE C"� p nqr /t0 SPACE ABOVE FOR RECORDER'S USE ONLY l Sev�tP�l � Title of Document TH • THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE 001t RECORDING INFORMATION ($3.00 Additional Recording`Fee Applies) Mail Tax Statement as Directed Abov( Description: San Bernardino,CA Document-Year.DoclD 2011.328893 Page: 1 of 8 Order: 358868 Comment: RECORDING REQUESTED BY: Stewart Title of California,Inc. 2010 Main Street,Suite 250 Irvine,CA 92614 Escrow and Order No. ��g WHEN RECORDED MAIL TO: SAN BERNARDINO ASSOCIATED GOVERNMENTS sbX Project Office 1170 W. 3rd Street,2nd Floor* San Bernardino,California 92410-1715 Portions APN(s):0281-351-30 EXEMPT FROM RECORDING FEES PER GOVT.CODE§27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV.&TAX CODE§11922 EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Tippecanoe Northpointe, LLC, a California limited liability company ("Grantor") does hereby GRANT and CONVEY to San Bernardino Associated Governments acting as the San Bernardino County Transportation Commission("Grantee"), and its successors and assigns, an easement for public street purposes over and across, that certain portion of real property located in the County of San Bernardino, State of California, more particularly described in the legal description attached hereto. SEE LEGAL DESCRIPTION SET FORTH IN EXHIBIT"A"AND MAP OF REAL PROPERTY SET FORTH IN EXHIBIT"B", both of which Attachments are incorporated by this reference. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below. Dated: 2 20IJ GRANTOR: Tippecanoe Northpointe, LLC,a California limited liability ;p;;any By: Ti Attest By: Title: Description: San Bernardino,CA Document-Year.DoclD 2011.328893 Page: 2 of 8 Order: 358869 Comment: NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) )ss. COUNTY OF :sm 6!;fWdd*i.a ) On kvi L o2(v , 2011 before me, lVl. C L�1"�'�" , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the ep rsonN) whose name) is/are- subscribed to the within instrument and acknowledged to me than /sheAhey executed the same inD/her/�authorized capacity(ies), and that by his/herAheir-sigRature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. M.C.L" Cow t w 0 1657319 Signature of Notary Public iftfry Pr k•6worms SIR Bffftrao coumy Cm n.=6 JYI 1 t 201 Description: San Bernardino,CA Document-Year.DoclD 2011.328893 Page: 3 of 8 Order: 358868 Comment: RECORDING REQUESTED BY Stewart Title of California,Inc. AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: N�E San Bernardino Associated Governments sbX Project Office Attn:Ryan Graham 6TREET 1170 W.3' Street,20°Floor ADDRESS cm.srATE a San Bernardino,CA 92410-1715 ZP CODE TITLE ORDER NO.: ESCROW NO.: SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated April 26, 2011, from Tippecanoe Northpointe, LLC, a California limited liability company (OWNER/GRANTOR) to the San Bernardino Associated Governments (SANBAG) acting as the San Bernardino County Transportation Commission (GRANTEE), by the within instrument,the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of SANBAG pursuant to authority conferred by the SANBAG Board of Directors Agenda Item 22, adopted on February 2, 2011, and the GRANTEE consents to recordation thereof by its duly authorized officer. Description/identification of real property: North side of Hospitality Lane, east of Gage Canal and north of Hospitality Lane, approximately 450'west of Tippecanoe Avenue,within the city of San Bernardino, San Bernardino County, California, designated as Assessor Parcel Number 0281-351-30. Dated: By: A2,t,4 Z�'/� Deborah Robinson Barmack, Executive Director STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO /� �// /J / On 17 D before me, AI?/?Ct ,le C6� i lAel 'tl (Date) (Name and title of the off r) personally appeared _.r.�o/ a Ito b(�So/! //a/n 1 tc�K who proved to me on the basis of (Name OT person signing satisfactory evidence to be the person(} whose nameW is/are subscribed to the within instrument and acknowledged to me that 4i l6heftbey executed the same In Ji Whedt"r authorized capacity(" and that by hislhedt4eir signatureo r) on the instrument the person(y),or the entity upon behalf of which the person(s)acted,execut t'he instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of officer ANNA AIOANA commission•1895368 (Seal) Notary Public•California San Bernardino County My Comm.Expires Mar 6,2013 Description: San Bernardino,CA Document—Year.DoolD 2011.328893 Page: 4 of 8 Order: 358868 Comment: EXHIBIT"A" TO EASEMENT DEED Legal Description of Easement [APN: 0281-351-301 f i Description: San Sernardino,CA Document-Year.DocXD 2012,328893 Page: 5 of 8 Order: 358868 Comment: i PARSONS { �2U0 E.Guas?i Road,SvIte 2C0.Ontario,C:%91?81 .Te!epilc-i5:Q09-2 X-3�0'•Fay..90P-2'.8.35 i • w�nv.t�aa cas.:om s !Jt EXHIBIT A RIGHT OF WAY AP 0281-351-30 THAT PORTION OF PARCEL 4,PARCEL MAP NO.17174,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 213,PAGES 100 THROUGH i 105 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 4;THENCE S.89123'53"W.,A DISTANCE OF 118,09 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 1,055.00 FEET AND A CENTRAL ANGLE OF 00°35'07';THENCE WESTERLY ALONG THE ARC A DISTANCE OF 10.78 FEET TO A POINT OF COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 13°02'08'; THENCE WESTERLY ALONG THE ARC,A DISTANCE OF 5.69 FEET;THENCE N,76°58'52"W.,A DISTANCE OF 28.39 FEET TO THE WEST LINE OF SAID PARCEL 4;THENCE ALONG WEST LINE N.00107'13"W.,A DISTANCE OF 12.93 FEET;THENCE N.89155'19"E.,A DISTANCE OF 22.99 FEET;THENCE S.00104'41"E.,A DISTANCE OF 4.04 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 13.50 FEET AND A CENTRAL ANGLE OF 90131'26";THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 21.33 FEET;THENCE N.89123'53"E.,A DISTANCE OF 125.55 FEET TO THE EAST LINE OF SAID PARCEL 4;THENCE ALONG EAST LINE S.00107'1 3"E.,A DISTANCE OF 2.50 FEET TO THE POINT OF BEGINNING. CONTAINING 738 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF, � �w DATED THIS 14TH DAY OF JUNE,2010 �pFESSlp, OAROSrYF liew m N0, ~' EDWARD REGISTRATTION EXP EXPIRES PE 25068 12/31111 �� II�II I IIIII 11��1 �II II I����r�IIIIIYIII� � APN 0281-351-30 ROW Page 1 Description: San Bernardino,CA Document-Year.DoclD 2011.328893 Page: 6 of 8 Order: 358868 Comment: EXHIBIT`B"TO EASEMENT DEED Map of Real Property [APN. 0281-351-301 Description: San Bernardino,CA Document-Year.DoclD 2011.328893 Page: 7 of 8 Order: 358868 Comment: BEARING & DISTANCE DATA CURVE DATA No. BEARING I DISTANCE No. R 4 l 1 N89023'531 1 118.09' 2 1055.00' 00°35'07" 10,78' 4 N76°58'52"W 28.39' 3 25.00' 13°02'08" 5,69' 5 N00 007'13"W 12.93' 8 13.50' 90 031'26" 21.33' 6 N89°55'19"E 22.99' 7 S00 004'41"F 4.04' 9 S89°23'53 1IN 125.55' 1 500°07'13"E 2.50' er1 �OF PARCEL 4 PARCEL MAP NO, 97174 P. M. N89°55'19"E 7 (RAD) W 5 ' 8 S00 036'07"E f Lu 1 z 4 3 2 °36'07"W ) (RAD) S13 001'08"W ° RAE) N 0°01'00"W (PCC) HOSPITALITY LANE d � U 1 ° s r ° e ° EXHIBIT " B " C-68 PARSONS "" o6i11i2o10 s 3200 CAST 6UAST1 ROAO, SUITE 200 APN 281-361-30 .... 1•:qp� g ONTARIO, CAI IFORNIA 01761 RIGHT OF WAY """° 1 of 1 0 d Description: San 9ernardino,CA Document-Year.DoclD 2011.328893 Page: 8 of 8 Order: 358868 Comment: EXHIBIT 666" PARCEL NO. C-69 (FINAL ORDER) [SEE ATTACHED] Recorded In Official Records,County of San Bernardino 4/19/2012 N.°N DENNIS DRAEGER 3:48 PM BGJ PLEASE COMPLETE THIS INFORMATION. '°` �, ASSESSOR — RECORDER — CLERK � P Counter RECORDING REQUESTED BY: ,'2 San Bernardino Associated Governments,a Joint QOC#: 2012-01 531 03 Pages: 14 Powers Authority,acting as the San Bernardino Titles: 1 Pa County Transportation Commission Fees 0.00 AND WHEN RECORDED MAIL TO: Taxes 0.00 Rick E.Rayl Other 0.00 Nossaman LLP PAID $0.00 18101 Von Karman Avenue,Suite 1800 Irvine,CA 92612 [EXEMPT FROM FILING FEES- GOV.CODE, §61031 THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rea Form#R25 Amedcan LegalNet,In www.USC0 urtFOnns.com 'I NOSSAMAN LLP RICK E. RAYL (SBN 174257) 2 rrayl @nossaman.com 3 BRADFORD B. KUHN (SBN 245866) bkuhn @nossaman.com F 9 L E D 4 Special Counsel SUPERIOR COURT 18101 Von Karman Avenue, Suite 1800 COUh BE OF SA WO D STRDI ND 5 Irvine, CA 92612 Telephone: (949) 833-7800 MAR i 6 Facsimile: (949) 833-7878 7 By De Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1103193 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION, JUDGE JOHN P. VANDERFEER, DEPT. S37 17 Plaintiff, 11PROPOftft] FINAL ORDER OF CONDEMNATION 18 vs. 19 NHOS ENTERPRISES, LLC, a California limited [Parcel No. C-69] liability company; 20 STAPLES THE OFFICE SUPERSTORE, LLC, a Delaware limited liability company; Trial: June 25,2012 21 GUITAR CENTER STORES, INC., a Delaware Corporation; Action Filed: March 9,2011 22 TASTY GOODY CHINESE FAST FOOD, a [EXEMPT FROM FILING FEES- GOV. 23 business entity of unknown form; CODE, § 61031 DOES 1 Through 100, Inclusive; and 24 ALL PERSONS UNKNOWN CLAIMING ANY .- TITLE OR INTEREST IN OR TO THE 25 PROPERTY DESCRIBED HEREIN, Ra 26 Defendants. . 27 28 319232_1.DOC FINAL ORDER OF CONDEMNATION 1 Plaintiff San Bernardino Associated Governments,a Joint Powers Authority, acting as the San 2 Bernardino County Transportation Commission("SANBAG"),having applied for entry of a Final Order 3 of Condemnation, having previously stipulated to a Final Judgment in Condemnation, and SANBAG 4 and defendants having waived a Statement of Decision,judgment having been entered, and payment 5 having been made in full, no other party or person having or claiming to have an interest in the property 6 being acquired or the compensation to be paid for the property, and good cause appearing: 7 NOW,THEREFORE, IT IS HEREBY ORDERED as follows: 8 1. The property described in the attached Exhibit"A,"designated as Assessor's Parcel 9 Number 0281-361-21, located at 945 E. Hospitality Lane, San Bernardino, California, and more 10 particularly described as SANBAG Parcel Number C-69, consisting of a permanent easement of 11 approximately 2,573 square feet, along with a temporary construction easement of approximately 2,400 12 square feet("Subject Property") is hereby condemned to SANBAG for purposes of constructing, 13 maintaining, and operating the sbX E-Street Corridor Bus Rapid Transit Project("Project"),for the 14 purpose of all necessary and convenient activities associated with the construction of the Project and for 15 public purposes. The temporary construction easement shall commence seven(7) days from the date 16 upon which SANBAG or its authorized representative provides the applicable defendant with written 17 notice of its intent to commence construction utilizing the temporary construction easement and shall 18 terminate on the earliest of(a)the date upon which SANBAG notifies the applicable defendant that it no 19 longer needs the temporary construction easement, (b)six (6)months from the commencement date of 20 the temporary construction easement, or (c) December 31, 2013. 21 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 22 public purposes under Article I, Section 19, of the California Constitution,California Public Utilities Code 23 section 130220.5, and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 24 for which SANBAG seeks to condemn the Subject Property,to wit, in connection with the Project and 25 for public transit improvements, is and was authorized by law and is and was a public use; the public 26 interest, safety, and necessity require the Project; the Project is and was planned and located in the 27 manner that will be most compatible with the greatest public good and the least private injury; and the 28 Subject Property is necessary for the Project. i FINAL ORDER OF CONDEMNATION 1 3. Just compensation has been paid to defendants and such sum was accepted by defendants 2 as full payment of just compensation for the acquisition of the Subject Property and the construction of 3 the Project in the manner proposed, including,but not limited to, severance damages, loss of goodwill, 4 loss of or damage to improvements pertaining to the realty, fixtures, equipment, and/or inventory, 5 precondemnation damages, claims for attorneys' fees, litigation expenses, statutory costs,interest, 6 relocation benefits and/or costs, and any and all other kinds of compensation, damage, or other claims 7 arising out of or relating to the taking of the Subject Property or construction of the Project. 8 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 9 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 10 of California. All liens, leaseholds, encumbrances of whatever kind and nature on the Subject Property 11 shall be cancelled. 12 13 14 DATED: 15 JUDGE OF HE SUPERIOR COURT 16 BRYAN F. FOSTER 17 18 19 20 21 22 23 24 25 26 27 28 2 FINAL ORDER OF CONDEMNATION EXHIBIT A LEGAL DESCRIPTION FOR LARGER PARCEL ATTACHMENT"1" The land referred to herein is situated in the State of California,County of San Bernardino, City of San Bernardino,and described as follows: PARCEL NO. 1: THAT PORTION OF LOT 21, TRACT NO. 12034, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 168 OF MAPS, PAGES 75 THROUGH 87, INCLUSIVE, RECORDS OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 21; THENCE NORTH 00°07' 46"WEST, 714.37 FEET TO THE SOUTHERLY RIGHT OF WAY OF HOSPITALITY LANE AS SHOWN ON SAID TRACT NO. 12034. SAID POINT ALSO BEING A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 955.00 FEET, A RADIAL LINE TO SAID POINT HAVING A BEARING OF NORTH 030 39' 24" EAST; THENCE EASTERLY ALONG SAID CURVE, 130.73 FEET THROUGH A CENTRAL ANGLE OF 070 5.0' 36'; THENCE SOUTH 78° 30' 00" EAST, 107.43 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, SOUTH 39° 15' 36" EAST, 32.19 FEET; THENCE SOUTH 000 11' 29" WEST, 651.64 FEET TO THE SOUTHERLY BOUNDARY OF SAID TRACT NO. 12034; THENCE ALONG SAID SOUTHERLY BOUNDARY, NORTH 89°48' 29"WEST,251.35 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SIDEWALKS, SEWERS, STORM DRAINS, WATER MAINS, .CURBS, GUTTERS, PAVING, ELECTROLLERS, STREET LIGHTS, STREET NAME SIGNS, TRAFFIC SIGNALS AND ALL APPURTENANCES AND APPURTENANT IMPROVEMENTS AND RIGHTS (COLLECTIVELY, THE "IMPROVEMENTS', WITHIN ASSESSMENT DISTRICT NO. 961, IN THE CITY OF SAN BERNARDINO, CALIFORNIA, WHICH ASSESSMENT DISTRICT IS SHOWN AND DESCRIBED IN THE ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT NO. 961,.RECORDED FEBRUARY 6, 1985, IN BOOK-31,OF ASSESSMENT DISTRICT MAPS,PAGES 64,65 AND 66,RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA,.AS DESCRIBED IN THE DEED TO THE CITY OF SAN BERNARDINO, RECORDED APRIL 11, 1985,. AS INSTRUMENTIFILE NO. 85- 085510,OF OFFICIAL RECORDS. THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE, LOT LINE ADJUSTMENT NO. 98-07, RECORDED JUNE 16, 1998, INSTRUMENT NO.98-22928 1,OF OFFICIAL RECORDS. PARCEL NO.2: A NON-EXCLUSIVE EASEMENT FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS, OVER AND ACROSS THE "MAIN DRIVEWAY", AS SAID TERM IS DEFINED AND DESCRIBED IN THAT CERTAIN EASEMENT FOR SHARED ACCESS AND MAINTENANCE AGREEMENT RECORDED JUNE 26, 1998, AS INSTRUMENTIFILE NO. 98-245649,OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY. C69-281-361-21-Attachment I LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT PARSONS 3200 E.Gun!;Rosa.Suitt 200,Onlaru.CA 9i 761 •7eIerrone:909-2161-3 5U0• Fay v"vea.oarsens.coa, i EXHIBIT A RIGHT OF WAY AP 0281-361-21 THAT PORTION OF LOT 21,TRACT NO. 12034,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 168,PAGES 75 THROUGH 87 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 21,ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HOSPITALITY LANE(45.00 FEET HALF WIDTH);SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 955.00 FEET,A RADIAL BEARING TO SAID CURVE BEARS NORTH 03`10'12"EAST;THENCE SOUTHEASTERLY 59.41, FEET ALONG SAID CURVE AND THE NORTH-LINE OF SAID LOT TO THE WESTERLY CORNER OF THE LAND DESCRIBED IN THE EASEMENT DEED TO THE CITY OF SAN BERNARDINO;RECORDED APRIL 12,2000,AS DOCUMENT NO.20000124650, OFFICIAL RECORDS,IN THE OFFICE OF SAID COUNTY RECORDER,SAID POINT BEING THE BEGINNING OF i A COMPOUND CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 65.00 FEET,A RADIAL BEARING TO SAID POINT BEARS NORTH 06"44'03"EAST;THENCE ALONG THE SOUTHERLY LINE OF SAID EASEMENT DEED THE FOLLOWING FIVE COURSES: i 1. SOUTHEASTERLY 17.76 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°39'18"; 2. SOUTH 67°36'39"EAST.23,62 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY i HAVING A RADIUS OF 8'5.00 FEET; 3. SOUTHEASTERLY 18.01 FEET ALONG SAID CURVE THROUGH.A CENTRAL ANGLE OF 12°08'19"TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 945.00 f FEET,A RADIAL BEARING THROUGH SAID POINT BEARS NORTH 10°15'027 EAST; 4. SOUTHEASTERLY 12.53 FEET ALONG SAID CURVE THROUGH A CENTRAL.AN OF U.0°45'35"; 5. SOUTH 78°59'23"EAST 119.79 FEET TO THE NORTHEASTERLY LINE OF PARCEL 2 AS SHOWN ON THAT CERTAIN CERTIFICATE OF COMPLIANCE, LOT LINE ADJUSTMENT NO.9807,RECORDED JUNE 16.,1098 AS INSTRUMENT NO.987229281,OFFICIAL RECORDS,IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 39°44'10"EAST.16.44 FEET;THENCE LEAVING SAID NORTHEASTERLY LINE 5,09"17' ($'E.,A DISTANCE OF 13.92 FEET;THENCE N.71'1 OT)7"W.,A DISTANCE OF 6.67 FEET;THENCE N.$9°41'02'W.,A DISTANCE OF 11.49 FEET;THENCE N.39'1-9!5.T I:,A DISTANCE OF 25.46 FEET;THENCE N.78"58'34"W.,.A DISTANCE OF 100.65 FEET;THENCE N.77"4"0"W.,A DISTANCE OF 7.22 FEET;THENCE.N.75°16'42"W.,A DISTANCE OF 7.57 FEET;THENCE N.7 40t -"'; A..0ISTAN.CE OF 7.61 FEET;THENCE N.70°12'44"W,,A DISTANCE OF 7.48 FEET;THENCE N.69"51'34"VI(.,A DISTANCE OF 28.99 FEET;THENCE N.72°26'19°1N.,A.DISTANCE OF 6.,77 FEET,THENCE N.75°45'51"W.,A.DISTANCE OF 6.65 FEET;THENCE N.79°1 1'50"W.,A DISTANCE OF 6.61 FEET;THENCE N.82°34'19°W„A DISTANCE OF 6.74 FEET;THENCE N.84 30'29rW.,A DISTANCE OF 6:55 FEET TO THE POINT OF CURVE OF A NOM TANGENT CURVE TO THE LEFT OF WHICH THE RADIUS POINT LIES S.05'17'39'NV.,A RADIAL.DISTANCE OF 948.00 FEE.;THENCE WESTERLY ALONG.THE ARC,THROUGH A CENTRAL ANGLE OF 02"0646",A DISTANCE OF 34.68 FEET;TO THE WEST LINE OF SAID LOT 21;THENCE NORTH ALONG WEST LINE N.00'36'20"W.,A DISTANCE OF 7.02 FEET TO THE POINT OF BEGINNING CONTAINING 2;573 SQUARE FEET,MORE OR.LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO: DEA PART HEREOF. DATED'THI•S 2ND DAY OF JUNE,20 0 ROBERT EDWARD STEAF E 25068 RE-MTRATION EXPIRES 12/31/11 ><r.ca APN 0281-361-21 ROWS t qF GAI iE�Q Page 1 I ror¢-exaern-�s.a w:n:ic 0 - o v 11 O V - L 3nN3AV 3ONVO,3ddil N r`m P [rte _ O N NOS p _l a_ 1 LL 1-LU `l, J J Z m ' P 1 wwOdtUl co uo cri l r lu i N .d LS Z cr o i Q ! °o 40 J to\ F... C? tL co I r;t 2 Z Cs CL ~ OU Z' G7 H In LL I W W 3 0 lV C) I - o Z - N Lo d - L I LLJ o 4&M (M .P V> f� N¢ f .fib z cc I I Q ul a Q Wo E i�lo of in io. c . a q >ri in O a N o C Z EL Y, v rn m um i.'ir'r 'ao w ° .b I LSO M N N Zix1 OQ U ~N +i N Z. en. tD tn. N 1� �p Cx. 1� t� '�Y �t1� N 1•� Z t0 i` V� �' (d V'. Q {D N_ tf] ,lT al t` tD lU fM1 If) 'O im T7 .- N O N La yr i'n'O in i- [V� lit'v: b c� M.y- ;� qi m ,i- n - o?{ �• cn to sr t� O .- .C1 tmn v in O�, N .Zo `4. 'vr �- C5 cu 6. Z Lt] 07 0.1,'.O Cx' tSx, @ N .-. in f�• W/ Ln h: to M N �. N Ir' N LC .N N f` m oq. p 4 (N in N t!1 N N LL] Z LEGAL.DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT PARSONS 32G0 E.Guas5 Read.Suite 200,Onlari�_,CA 9176. •Teftho^e:y;;9-21$"600•Fax 909-218-3605• .n,,v.rarsons.coai i ( EXHIBIT A i TEMPORARY CONSTRUCTION EASEMENT i r AP 0281-361-21 THAT PORTION OF LOT 21,TRACT NO. 12034, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 168, PAGES 75 THROUGH 87 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 21,ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HOSPITALITY LANE(45,00 FEET HALF WIDTH);THENCE ALONG THE WEST LINE OF SAID LOT SOUTH 00'3.6'20"EAST 7.02 FEET TO THE TRUE POINT OF BEGINNING;AND THE BEGINNING OF A CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES S.03"1 V52"W.,A RADIAL DISTANCE OF 948.00 FEET;THENCE EASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF.02°05'45".,A DISTANCE OF 34.68 FEET;THENCE S.84°3029"E.,A DISTANCE OF 6.55 FEET;THENCE S.82°34 19"E.,A DISTANCE OF 6.74 FEET;THENCE S.79°1 1'50"E.,A DISTANCE OF 6.61 FEET;THENCE S.75°45'51"E„'A DISTANCE OF 6.65 FEET; I THENCE S.72"26'19"E.,A DISTANCE OF 6.77 FEET,THENCE S.69°51'34"E.,A DISTANCE OF 28.99 FEET; THENCE S.70°12'44"E.,A DISTANCE OF 7.48 FEET;THENCE S.72°40'53"E.,A DISTANCE.OF 7.61 FEET; THENCE S.76°16'42"E.,A DISTANCE OF 7.57 FEET;THENCE$.77°49'30"E.,A DISTANCE OF 7.22 FEET; THENCE S.78°5834"E.,A DISTANCE OF 100.65 FEET;THENCE S.39'19'55"E.,A DISTANCE OF 25.46 FEET; THENCE S49°41'02"E.,A DISTANCE OF 11.49 FEET;THENCE S.71°10'07"E.,A DISTANCE OF 6.67 FEET TO THE.EASTERLY LINE OF SAID LOT 21;THENCE SOUTH ALONG EAST LINE S..00 917'05"E.,A DISTANCE OF 6.88 FEET;THENCE N.73°08'51"W.,A DISTANCE OF 21.89,FEET;THENCE N.43°13'39"W.,A DISTANCE OF 16.32 FEET;THENCE N.78"58'347W.,A.DISTANCE OF 101.: 40 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 926.00 FEET AND A CENTRAL ANGLE OF 00°34'2.3";THENCE WESTERLY ALONG THE ARC A DISTANCE OF9.26 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT,OF WHICH THE RADIUS POINT LIES N.09"55b8"E.,A RADIAL DISTANCE OF 214.57 FEET;THENCE WESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 05"48.37",A DISTANCE OF 21.76 FEET;THENCE S.68°35'24`W.,.A DISTANCE OF 10:27 FEET;THENCE N.00.03'12"E.,A DISTANCE OF 15.12 FEET;THENCE N.42°00'27"W.,A DISTANCE OF 2.97 FEET;THENCE N.89416'59"W.,A DISTANCE OF 5.03 FEET;THENCE N.39°2TI5"W•,A DISTANCE OF S.17 FEET;THENCE N.89°39'56"W.,A DISTANCE OF 14.9.4 FEET. N.00°1.9'53"W.,A 0lSTANCE OF 1.53.FEET;THENCE N.89'24'04"W..,A DISTANCE OF 19.95 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO.THE•LEFT,OF WHICH THE RADIUS POINT LIES SA5°26'40"W..,A RADIAL DISTANCE OF 989:09 FEET;THENCE WESTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF02°20'29',A.DISTANCE OF 40:42 FEET;TO THE WEST LINE OF SAID LOT'THENCE NORTH ALONG WEST LINE N.0:0"3620"W.,A DISTANCE OF 10.13 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 2,400 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN,ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 2ND DAY OF JUNE,2010 �FESS! QR. D,yq_ z. m m. ca D Z ROBERT EDWARD STEA FEN 506$ REGISTRATION EXPIRES 12/31/11 s CI�fIL FO .CpL1f 0 APN 0281-361-21 TLt • Page 1 0 11-Q-�f[=P1NKt1-� doi/li/G O O 1 11 O 3nN3Ab 3ONb03ddll __ ¢ a _ 1 Ala C>mco wFw-wC67- g Z z rn UD f J "U CJr oa W. wwo0W cp ' 2 U Uo K� ( L@ LU LS 2 0 ✓ I z" o N CIO tl1 N I t I- 1 `� z Z:o o j--- ..� r LL f JO"O W f �. NO Nc I m N -y m cep 0 2 c ° ° CS f � I = 4 r?- fr LLI °- V w" 1 I C C a e V-- .H { ¢ D—� I M I ! o _3 3 a W" o I w o 4nr~a m. O �. .K+-cc e- / r N0.'_ N "Lt to © �� t N c0 ! Ui. t N r,p: V. 1 O �6 U.�. m Q o'. J 1 ;4 ca run C, o .6 -'t. j O ' nzo otn 1 'tom O Q o v ,d 'o :m i-. (Z) ( uNl ir1 N O ¢ "—ta . Q .v `Q CV.^m t� C!1 cC �U'1.iV f`- �1 Ifl 'q- M tt1 M v'.N t+'1 T� ZV r• N oa w io A c co ay. rn v. a� cn .°c t� irr m m � . G ca «i .tfl ati o' r r-- r- n% :oi w =co ccf_ io• to m 4 in- kn Camel LU 2 N3 2. Ld ,W l4 �3 .3^ .�;3 3" :� _3"_ _3'`3= _ci w ti] 'w" tiL W: i,i iu _� W . ►+r C9 v" v� =i[1'ti. 'N Ycb v. O Si+ M <r" a cm ;Z,-?S tlf G5 v i�'S:t4: an:7i. Z M M ah.. O O O ro r)'-a °i'1 �M li7 to N �N O °n `tn l[)! �N .N: N oro co "tn aa: i� "o 01 co am sn- i� 'ct* iD n v o 'i0 c ei` rn iti fl 'rj iri w ,w. Cn _._..: Q M .Q :r:'M F7 t(7.N x ti] o d' o. 'o. o, o d cr o 'o r-' a .b"-. o° o d o o.' o', o' 0 0 0. m co M 'fM. O m 'M co r- U> '.N. 4 m. fAl- t 3 m N . O C9 O. m" Ol cn .N O Co O H V- .r O r oD .tM 'r t—. r- r• r tD t N' N" m m "O" ao O: a6. M co .t O W O "Z .z =1Z ., Z Z 2 .Z. to cn N to vi.v3 h V7 Z Z in EXHIBIT 6(07" PARCEL NO. C-70 (EASEMENT DEED) [SEE ATTACHED] ReanHed a 91x0111 Eiseatd4. coo"of 5aa 11var6no Doc# 20x,-040W7 RECORDING REQUESTED BY: W2112011 a 00 AM lawyers Title Insurance Company 275 W.Itospitality Lane,Ste.200 San Bernardino,CA 92408 Escrow and Order No, WHEN RECORDED MAIL TO. q + SAN BERNARDINO ASSOCIATED GOVERNMENTS sbX Project Officr 1170 W.3"'Street,2''Floor - San Bernardino,California 92410-1715 PaMim APW is):02t1-351-31 EMM FROM RBODRDW PEES PER GO'6 r.Gt7DE 117M £XEM"FRDMt DOCUMt?rARY 7RANSUM TAX PER REV.a TAX CODE 111422 EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Tippnorth Shops, LLC, a California Limited Liability Company ("Grantor") does hereby GRANT and CONVEY to San Bernardino Associated Governments acting as the San Bemardino County Transportation Comminion('Grantee'),and its successors and assigns, an mument for public street purposes over and across, that certain portion of real property located m the County of San Bernardino,State of California,mare particularly described in the legal description attached hereto. SEE LEGAL DESCRIPTION SET FORTH IN EXHIBIT"A"AND NIAP OF REAL PROPERTY SET FORTH IN EXHIBITµB", both of which Attachments are incorporated by this refcrvem IN WITNESS WHEREOF,Grantor has causal this instr=cnt to be executed on the date set forth below. Dated: , 2 ?a GRANTOR: Tippnorth Shops,LLC,a California limited Liability Company By: _ tank J. *R'strattj�,jr . r Title: are4rt�y/r11s �-.,� Attest By: Title: NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) COUNTY OF ";#Ni64-Q4'•• ) On OtP 2011 before me, notary public, per sonally appemred who proved to me on the basis of satisfactory evidence to be the e%mkwhose subscribed to the within in and acknowledged to me that fWA* ey executed the same in authorized rapaFgAibs�,and that by(jttttr% (their signaturc(a)on the instrument the pen5ov*,or the entity upon behalf of which the perrjgQ&)acted,executed the irsoument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. c. Signature of Notary Public cwww.r..raanrti Nowy Prwe-CWW*8 ar.krumdkw cowry con�n ,ur 11,tots FMCORDWO Rr;QUESMV Bn' Lv&,;ers Tide in wrarxe Compeny Aero MEN WWFO4tsxaCUWait^mv TAX 4TATNMUT To,, wac $on t7xn rro Asaociewd Guvw mnt4 sbx emjed oram Aft Ryan Gratwn sx-W t 110 VV 3"Strew,7'Ftaa emhcr wy..sure%San Bermardltrd,CA 924101116 ar to" MEOROERNO ,te6190-w 5ardgWWO twWlprx,a WACE ABOVE TM LINE FOR RECOMMM USE OWY CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by thou Easerrnent Deed dated AprA 28,2911,from Tipprtorth Shops, LLC, a Calikrnia Limited Liability Cornpany (OWNER/GRAWOR) to the San Berriasdxro Associated Govemr wits (SANDAL) acting as the San Bernardino County Transportation Commission (GRANTEE).by the witMn instnurent,the provisions of which are incorporated by this reference as though fully set loft in this Certification, is hereby accepted by the undersigned olfiaer(s) on behalf of SANBAG pursuant to atAtlonty corlferred by kM SANIBAG Board of(]hectors Agenda Item 22,adopted on February 2, 2011,and the GRANTEE consents to recordation ttsereof by ft tfttiy authorized officer. DescriptionfidentilkatiDn of ream property 1992 E.Hosp tally Lane,wftn the city of San Bernardino,San Bernardino County,California,des4nated at Assessor Parcel No,92$1-351-31 Dated: By: Deborah Robinson Barnum*,Executive Dtreow STATE OF CALIFORNIA COUNTY OF SAN BERNAMINO yy Or �.4L�� t3• ( eW (M"afd Mk 0(ft cA6oer'i� p+—^6i appeaved ( 1 .� r rt+.� waw proved to nv on the trams d Wme of aSeSacory evider"to W eit petaen��C;t w narnepial�Woe sub�itxd to the within kwOwrent and acKnowleriged ro— th#1 ItW end the sane n rohe+twer�wir n ed eapeeary sot ilut tax-4%e%&Ah4W sgnat"(p on We mstrw 1 m., pemo ,or the entity upon bebef or which the peseor r a0ed,ex the irntnmm2 t asetlty undar PENALTY OF pERAAY under the taws af the Sate of CatW;—w chat the foregn.g pwraWaph w tnje and wrcrct. VVItWSS my hand aid of6raml seat snpnaturc or oRcer �� Anus IIARri coRnrrerde e►ttg675! + Mku►T Phh we Sam sunwtltee t:oeRty Chart tak.1W a 2013 EXIiI$1't""A"TO EASEMENT DEED Leo Description of Exscn e l [AP'N_0281-351-311 PARSONS E . EXHIBIT A RIGHT OF WAY AP 0281.361 31 7FIAT PORT MOF PARCEL 5,PARCEL MAP NO.17174.IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 213,PAGES 100 THROUGH �S uF FARCE.61Ar'S,V4 1 HE 01'ME OF THE COUNTY RECVRD17R()F SAID MJIYTY.DESCRIBEO AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 5,ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF HOSPITALITY LANE(4540 FEET HALF WIDTH);THENCE SA9'23'53 W ALONG THE SOUTH LINE OF SAID PARCEL. A DISTANCE Of 403.21 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL, THENCE N.00*07'13'W ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 2.30 FEET;THENCE N.8W23'53"E.,A DISTANCE OF 40€I 77 FEET TO THE NE'LY UNE OF SAID PARCE L,THENCE S.44°351+14'E ALONG SAID NE'LY LINE,A DISTANCE_OF 3.48 FEET TO THE POINT OF BEGINNING. CONTAINING 1,045 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY S"CWN ON EXHIBIT B A`T'TACHED HERETO ANO MAM A PART HEREOF. DATE[)THIS 27TH DAY OF AUGUST.2410 E8�s10k q qi IWO o Nu � � � a ROBERT FEN EDWA $,PE 25M ,\k REGISTRATION EXPIRES 12131/11 or API102�1.7lL3t ita�w __ i EXHIBIT"B"TQ EASEMENT DEED Map of Real Property (APN:0281-351-311 wLn'a0M-t[•�K•.Nlln'M-a a "so ad da 0+wle► O IWAY 10"*34dat i ! � 1 {� I i J ' � � m1 1 P Q Y i a I � t W St Air w w r I i I 1 w +n I w w rt I 1 r 1 Y Sit w c d M, r i ` $ ! Kull i O j R 1 1 1 EXHIBIT 668" PARCEL NO. C-71 (FINAL ORDER) [SEE ATTACHED] PLEASE COMPLETLTNIS INFO, ON. Recorded in Otiicial Records,County of San Bernardino 3105/2014 q/ 3:56 PM �3�c.b,-- {— ry-n DENNIS DRAEGER SG RECORDING REQUESTED Y: Nye ASSESSOR — RECORDER — CLERK San Bernardino Associated Governments,a Joint Powers Authority,acting as the San Bernardino �Y P Counter County Transportation Commission AND WHEN RECORDED MAIL TO: Dock 2014—0082285 Titles: 1 Pages: 14 Rick E.Rayl Fees 0.00 Nossaman LLP Taxes 0.00 18101 Von Karman Avenue,Suite 1800 Other e•00 Irvine,CA 92612 PAID $0.00 [EXEMPT FROM FILING FEES- GOV.CODE, §6103] THIS SPACE FOR RECORDERS USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form#R25 MA I^�� I r, � American ftFo m Inc. www.USCourtFomis.com C; t SCANNED 7cal) 01 U T� P!IF08MA 1 NOSSAMAN LLP 01N0 CNiL d SIGN RICK E. RAYL(SBN 174257) SAN 1 2014 2 rrayl @nossaman.com BRADFORD B. KUHN (SBN 245866) 3 bkuhn @nossaman.com 18101 Von Karman Avenue, Suite 1800' EpM40W&.DEPu 4 Irvine, CA 92612 5 Telephone: 949.833.7800 Facsimile: 949.833..7878 6 7 Attorneys for Plaintiff SAN BERNARDINO ASSOCIATED GOVERNMENTS, 8 A Joint Powers Authority,acting as the SAN BERNARDINO 9 COUNTY TRANSPORTATION COMMISSION i 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 I 14 SAN BERNARDINO ASSOCIATED Case No: C1VDS 1103192 GOVERNMENTS, a Joint Powers Authority, 15 acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: TRANSPORTATION COMMISSION, HON. BRYAN F. FOSTER,DEPT: S37 . 16 Plaintiff, ["t0VQ4Mb1 FINAL ORDER OF 17 CONDEMNATION vs. 18 [Parcel No. C-71] COSTCO WHOLESALE CORPORATION, a 19 Washington corporation; NHOS ENTERPRISES, LLC,a California 20 limited liability company; •�,,,p DOES 1 Through 100,Inclusive; and Action Filed: March 9,2011 s� 21 ALL PERSONS UNKNOWN CLAIMING 22 ANY TITLE OR INTEREST IN OR TO THE PROPERTY DESCRIBED HEREIN, 23 Defendants. [EXEMPT FROM FILING FEES-GOV. 24 CODE,§61031 25 26 27 28 350697 Ldoc FINAL ORDER OF CONDEMNATION I Plaintiff San Bernardino Associated Governments,a Joint Powers Authority,acting.as the 2 San Bernardino County Transportation Commission("SANBAG"), having applied for entry of a 3 Final Order of Condemnation, having previously stipulated to a Final Judgment in 4 Condemnation;and SANBAG and defendant having waived a Statement of Decision,a Final 5 Judgment having been entered, and payment having been made in full, no other party or person 6 having or claiming to have an interest in the property being acquired or the compensation to be 7 paid for the property, and good cause appearing: 8 NOW,THEREFORE,IT IS HEREBY ORDERED,ADJUDGED AND DECREED 9 AS FOLLOWS: 10 1. The interests in portions of the property described as Assessor's Parcel Number 11 0281-361-20, located at 1099 E. Hospitality Ln., San Bernardino, California,and more 12 particularly described as SANBAG Parcel Number C-71, consisting of a permanent easement of 13 approximately 10,201 square feet,and a temporary construction easement of approximately 14 6,213 square feet, as described in SANBAG's complaint on file in this matter and in Exhibit"A" 15 attached to this Final Order(collectively,the"Subject Property"),*are hereby condemned to 16 SANBAG for the purposes of constructing, maintaining and operating the E-Street Corridor sbX 17 Bus Rapid Transit Project("Project"), for the purpose of all necessary and convenient activities 18 associated with the construction of the Project and for public purposes. 19 2. SANBAG is and 'was authorized and entitled to exercise the power of eminent 20 domain for public purposes under Article I, Section 19,of the California Constitution,California 21 Public Utilities Code section 130220.5,and California Code of Civil Procedure sections 1240.010 22 through 1273.050. The use for which SANBAG seeks to condemn the Subject Property, to wit, 23 in connection with the Project and for public transit improvements,is and was authorized by law 24 and is and was a public use;the public interest, safety,and necessity require the Project;the 4 25 Project is and was planned and located in the manner that will be most compatible with the 26 greatest public good and the least private injury;and the Subject Property is necessary for the 27 Project. 28 350697 l.doc FINAL ORDER OF CONDEMNATION 1 3. Just compensation has been paid to defendants, and such sums were accepted by 2 defendants. Said payments shall equal the total amount of just compensation owed to defendants 3 for the Subject Property and all other claims and damages which defendants could have as a 4 result of this action,the acquisition of the Subject Property, and the construction and operation of 5 the Project in the manner proposed, including, but not limited to, severance damages, loss of 6 'business goodwill,loss of or damage to improvements pertaining to realty,personal property, 7 fixtures,equipment,and/or inventory,precondemnation damages,leasehold bonus value,claims for 8 attorney's fees,litigation expenses,statutory costs,interest,relocation,benefits and/or costs and 9 claims and any and all'other kinds of compensation,damage,or other claims arising out of or 10 relating to the taking of the Subject Property and construction and operation of the Project as 11 proposed. 12 4. The right in'and to the Subject Property shall vest in SANBAG upon the 13 recordation of this Final Order of Condemnation in the office of the Recorder of the County of 14 San Bernardino, State of California. All liens, leaseholds,and encumbrances of whatever kind 15 and nature on the Subject Property shall be cancelled. 16 17 Dated: ( OCv 18 Judge of the uperior Court 20 21 22 23 24 25 26 27 28 350697 Ldoe -2- FINAL ORDER OF CONDEMNATION ATTACHMENT"1" The land referred to herein is situated in the State of California,County of San Bernardino, City of San Bernardino,and described as follows: LOTS 19,20,AND PORTION OF LOT 21 OF TRACT NO. 12034,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS SHOWN ON THE MAP THEREOF RECORDED IN BOOK 168 OF MAPS,PAGE 75 THROUGH 87, INCLUSIVE OF OFFICIAL RECORDS OF SAM COUNTY,EXCEPTING THEREFROM THAT PORTION OF LOT 21 DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 21;THENCE NORTH 000 07' 46"WEST 714.37 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF HOSPI'I'A1.171:1f LANE AS SHOWN ON SAID TRACT NO.12034,SAID POINT ALSO BEING A POINT ON A i NON-TANGENT CURVE,CONCAVE SOUTHERLY,HAVING A.RADIUS OF 955.00,FEET, A RADIAL LINE-TO SAID POINT HAVING A BEARING OF NORTE1050 39'.24':EAST; THENCE EASTERL•X ALONG SAID CURVE 130.73 FEET THROUGH A.CENTRAL ANGLE OF 07°50'3 6";THENCE SOUTH 78°30'00"EAST 107.43 FEET;THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 399 15'.36"EAST 32.19 FEET;THENCE SOUTH . 000 11'.29"WEST 651.64-FEET TO THE SOUTHERLY BOUNDARY OF SAID TRACT NO. •12034;THENCE ALONG SAID SOUTHERLY BOUNDARY NORTH 890 48'29"WEST 251.35 FEET TO THE POQT OF BEGINNING. EXCEPTING THEREFROM THE SIDEWALKS,SEWERS,STORM DRAINS,WATER MAINS,CURBS,GUTTERS,PAVING,ELECTROLLERS,STREET LIGHTS,STREET . NAME•SiGINS,TRAFFIC SIGNALS AND ALL APPURTENANCES AND APPURTENANT IMPROVENMNTS AND RIGHTS(COLLECCTIVELI',THE 11 IMPROVEMENTS' WITHIN ASSESSMENT.DISTRICT NO.961,IN THE CITY QF SAN BERNA•RDINO,CALIFORNW, WHICH ASSESSMENT DISTRICT 1S'SHOWN AND DESCRIBED IN'THE ASSESSMENT DIAGRAM FOR ASSESSMENT DISTRICT NO.-56 1,RECORDED FEBRUARY 6,1985 IN BOOK 31,OF ASSESSMENT DISTRICT MAPS,PAGES 64,65 AND 66,RECORDS'OF SAN BERNARDIPIO COUNTY,CALIFORNIA,AS DESCRBED.IN THE DEED TO THE CITY OF SAN BERNARDINO,RECORDED APRIL 13,1985,AS INSTRUMENT/FILE NO.85- 4 085510,6F OFFICIAL RECORDS. i 071.0281 361-20 i 0 �............ .... . ... . ...... ..... :. PAIqSDNS - i t. I, I 3200 E.Gua>l Road,Sulta 200,Ontario,Q\91761 •Tr,1cpRDso:80'.•-2;8.3P,C0•Faa 962.21 �=5••:mvi,parsons.mm i EXHIBIT A RIGHT OF WAY AP 0281-30.1-20 THOSE PORTIONS OF PARCEL 1,CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO.98-07,IN - 'THE CITY OF SAN BERNARDINO,COUNTY 01:SAN e•ZRNARDINO,STATE OF CALIFORNIA,AS PER ! DocuMENT RECOkDED JUNE 16,1998;AS DOCUMENT NO-19980229289,OFFICIAL RECORDS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOW$; BEGINNING AT THE NORTHWEST CORNER OF.SAID PARCEL 1,ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HOSPITALITY LANE(45.00•FEET HALF WIDTH);THENCE ALONG THE NORTH LINE OF.SAID PARCEL I,-S.78'58'34'E.,•A•DISTANCE OF 263.12 FEET.TO A POINT OF CURVE TO.TKF-LEFT HAVING A RADIUS OF 1,145.00 FEET AND A CENTRAL ANGLE OF 11137'33';THENCE EASTERLY ALONG THE ARC A DISTANCE OF 232.33 FEET:THENCE N.89.2353-E.,A DISTANCE OF 515.29 FEET YO A,POINT OF 1 CURVE TO THE FNC?HT HAVING•A MPW,,S OF 2000 REET.AND A.CENTRAL ANGLE OF 80'00'00';THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 81:42 FEET;THENCE S.00'36,'07-E„A DISTANCE OF 6.74 FEET;THENCE N.37.4914-t.,A DISTANCE OF 2290 FEET:THENCE S.89-2TiW-W.,A DISTANCE OF i94.66-FEFT;THENCE N;88'S8'01"W.,A DISTANCE OF 9020 FEET;THENCE S.72'48'3TWN,A_bISTANCE OF 15.9.5 FEET;THENCE N.08'57'54'W.,A DISTANCE OF 69.59 FEET.;THENCE'S.89.23',53'W.,A btS7ANCE Or- 151.7T FEET TQ A POINT OF-CURVE TO,THE RIGT{T HAVING A RADIUS..OF 1,153.50 FEET AND A CENTRAL . ANGLE OF 02.29'i6";THENCE WESTERLY gLON0 THE ARC A DISTANCE OF 50.08 FEET:THENCE 5-00-14'44-E..A OISTANCE OF 3.32 Ft=ETt Tt1ENCE N.87•'01'05'W.,A DISTANCE OF 20.50 FEET TO-THE POINT OF CURVE OF ANON TANGENT CURVE TOTHE LEFT,OF WHICH THE RADIUS POINT LIES S.7002'20'E.;A RADIAL DISTANCE OF 20.00 FEET;THFNCE SOUTHERLY ALONG THE ARC,THROUGH A CENTW1LANGLE- 0 F i8*1815',A DISTANCE!OF 8:39'FEET;THENgli S.00'21'14'E.,A DISTANCE OF 2.36 FEETt THENCE S;89'38'46''W.;A UTANCt OF 1.61 FEET;THENCE-•N.79'4*1129'W.,A DISTANCE OF 28.9,Q FEET;THENCE N.02'2V02'W.,A DISTANCE W 2:69 FEE-rT0 A POINT OF CURVE TO THE LEFT HAVING.A RpgIUB QF 20.00 4 FEE'{'AND A CENTRAL-ANGLE OF 22'36t10';.T-HENGE NORTHERLY ALONG THE ARC A DISTANCE OF T.89 I FEET TO THE POINT OF CURVF-OF A NON TANGENTCVRVE TO THE'RIGHT,OF WHICH THE RADWU POINT LIES NA4'33'00"E.,A RADIAL DISTANCE OF 3,162„00 FEED THENCE WESTERLY ALONG THE ARC; 1. `THROUGH ACENTRAC PNCAJE OF 06'28'26',A DISTANCE OF 130.17 FEET;THENCE N.78758'34-W.,•A I DISTANCE OF 171.74 FEET;THENCE A DISTANCE OF 10.07 FEET;THENCE S;$5•.28'06'W-.,A I DISTANCE OF 4.00 FEET;THENCE;S28.50'2B'W;rA DISTANCE OF10.07 FEI=I THENCE t-.69.54'46'W„A DISTANCE OF 14.14 FEET;THENCE S.89'52'08`yV.;A DISTANCE OF 11.66 FEET;THENCE N.71'10'07-W.,A l' DISTANCE OF 37,49 FEET;THENCE-N.00-17'06-W.,A WTANCE OF 13.92 FEET;THENCE N,39'4VTO-W.,A i bwAIVCE OF 32.20 FEET TO THE POINT OF SF-GINNING. CO.t•ITAtNING 10,201SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICUL WILY SHOWN ON EMIBTT 8 ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 9TH DAY OF AUGUST,2010 �1? Ox 0 AR�s '`yp (y *d 2. ROBERT EDWARD��j NS.PE 25068 REGISTRATION EXPIRES 12/31/11 ' C APN 0201-$62 40 MW P>zE1 I - f . i �LO'I-NW-OL-t9[-lYbldflt4 UIOLbI/l o9GYlo9d:tp pt33e11 -�E— Z 133HS 33S • iV t �'J v • 1 M 3 3 1 • 4 } � o M O M oo ti - C mo t J N f- --_- -r—r-..! a O y -0 rx t N ,LL In La. «1 { .1 P W I ti :o � .W a M'b ,1•- P 1D T N,O 1 .'Z•� ' h UZ 1^ O.O O .. 1D R C• 'N l W WjC 1) � N xx in :q Lei Z� b , r rO Y f0 W ZC .a0 t- O 4� `O �p r gyp• h• O N.N 1{1 0 Q .P co m 'to N O M t h Z.2 2 ISY W �•� . Ul x o •� o t•.D `i.- 8 W W W T 'G t v ■L w In v T. l 6 ei i N N foo pQ]h8 M 'AFT N.'• 4 - to N N .�77. N N 2 y Vhf 2 ICS ? z Q • ra aO O. ^W KFVtS ' uaoz-nor-et-Svc-nxxav"tii-a orovoue ovc►.00a:w w�.wu 3Atl 90Htl03dd11 � - b ��G o �• 866�/£7J1' 321 •1f'0'9 5 5 8820466 1'oN'�00 � �� � � 3+n M I --------------... - � - ---- f � it Ul � � e r , v ' 1 43 F a r - Lq r N iQw ; I °J �s v l z zoc n i i ' F+c-' `c� 'sO1•A N ooi°, •'$ N oNi..o ti ' •Sd rS4 -a�o y� 1 • p � �1 10 N Y� O rp T � MJ-J,x 2 4 v' •_ -•1 •O<•J Cam•' � 4. r ' � yy�� {I�Lr�f Op N C�Nl•vi �tI r x Wes'a o o b 6' Iwo N ° tn { . G f HS 33S , i i i i LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT . � 1 i ' u!e•\b1.02-19i-ltiNdl'ILA OIOLOI/e 09i1�000-1.Q tnaiold 0 Z 133HS 33S ova) 4LVS PON f A o e .Sb e.o w Lu Od m ' 7 G N p O H Q f••� ¢ I Its 'N .P •� x o LU a 1 ? Z Oe c6 K .m P•l� irMy m , p .N .QI N C f� y Ix N 3 3 ID �Wr W. -41�1 Y 1 �• i co z v1..n i m Q4A / 156 ! 1C m ' cc m .o v> v n in Tn fii s� r o flL N n N w N o a •j r o 4' an ta lw J` m f N �p 10 O O < r 40 W ' � OC .? r♦.Q- N v O �� ,jp y�j I ! ' CQ T '11f .1! RI N O d tq • x N P�7 O fM1r AN' O N Iff N m N N ,O. I. N N ti "Z-31102-If[-11lIIdY'IC-9 OIOLOVG OGG►.000 T•0i D.iaold I� . e a r• 3AV 30HVO3dd1.1 H ` 0 OS188ZOO661 `oN 1000 3Nil M 3 us 4T t N c i • e � 1. o 1 N I g < v lu t cr o 1 sw w 1 Z 1 1 � i Y7 p b e7 m H 1 � 1 a= r 1 V P P Z T: w F� W .p � „�• 1 � A sh oC;t- NA in �e� .•• N N N In N'NN is I ee ? z z z z z z 1 pe F`N • 11 W off T •N G• ti'71n 9 — 99 N M S Nb ISb UJZ : cz N 417 La W C� b 01 O N f0 Of .O d1 O..A N �. .�• J 4i131t'' AA t ,. 2 is Nt.t:i„�1. g'r� '•� •G. ; P } 33S• 1 •• .' i lTilf 3., i q) ,t � r ° •t�G•"1R r 1 h. �. -._....�„� �.-SL•M��d��.iiR�-.•`/'? mow.•'`` �a. .. EXHIBIT 669" PARCEL NO. C-72 (EASEMENT DEED) [SEE ATTACHED] RECORDING REQUESTED BY. Lawyers Title Insurance Company S.""d 1,11"d R"Gpft, n-*0 275 W.H f'"aw of so" Hospitality Lane,Ste.200 Dec* 2BII-= San Bernardino,CA 92408 W"11 Escrow and Order No. WHEN RECORDED MML TO: SAN BERNARDINO ASSOCIATED GOVERNMENTS sbx Project Office 1170 W,and Street,2'Flom San Bernardino,California 92410-1715 PnrfinwAPNit}02-11-351-32 EXVAn FROM kELX*DM FEB PER GOVT-0"WM EXDAFt FROM DOC"4ENTARY MALKSM TAX M UX A TAX ODM$1 On EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby aclurrowltdgod, Tippnorth Shops, LLC, a California Limited Liability Company ("Grantor") does hereby GRANT and CONVEY to San Bernardino Associated Governments acting as the San Bernardino County Transportation Commission("Grantee"),and its successors and assigns, an easement for public street purposes over and across, that certain portion of real property located in the County of San Bernardino, State of California,more particularly described in the legal dewription attached hereto. SEE LEGAL DESCRIPTION SET FORTH IN EXHIBIT"A"AND MAP OF REAL PROPERTY SET FORTH IN EXHIBIT"B", hoth of which Attachments are incorporated by this reference. IN WITNESS VV14HREOF,Granter has caused teis instrument to be executed on the date set forth below. I)atecL ow GRANTOR: l'ippnorth Shops,LLC,a California Limited Liability^Comp - By: Fronk J "�Wfst Eta, Jr Attest 13ti- NOTARY ACKNOWLEDGMENT (California All-Purpose Acknowledgment) STATE OF CALIFORNIA ) ss, COUNTY OF '� •w j On L2011 before lme, ,c��.�� -IjAGf/ notary publWi l personally appeared who proved to me on the basis of satisfactory evidence to be the personN whose )(s'7am subscribed to the within instrument and acknowledged to me that 1 ("they executed the same in +erkheir authorized cap�cit�les),and that by 16ettlbcir siolgggeN on the instrument the or the entity upon behalf of which the person}acted,executed the instument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WCI'NM my hand and official seal. !ak C. comft"s tasnat Signature of Notary Public tM o swan toaft t RECORMORMUM5TED By tjw&m Ttffe histiranow Company ANWA"tN 060fteb MA4.ODCUMENTAND TAX SrAYEAtUr M: ."t Son Bernardino Assocxated Goverarwat% sox Prord U" Mtn Ryan(`Wahwn orarcr I t 70 W.Y'Str..4,2'Fk. A0010111A W'M&Sam Damard,,o,CA9200-1715 11ItOt"O'Hito "W1444 10 ES"GWND x165)04 IC SPACE ANMT-MIS L NE F-OR AL-CIDADFR'S USE ONLY CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Ea5errwl Deed dated April 26, 2011,from Tippnorth Shops, LLC, a Caldomia limited Liabft Company 10V1NERIGRANTOR,', to the San Bernardino Associated Governments (SANBAG) acting as the San Bernardino C&jnty TtanspocUbon Commission (GRANTEE),by the wilMin instrument,the provisions of which we incorporated by this reference as though fully set forth in this Cedificw6on, is hereby accepted by the undersigned ollficer(s) on behalf of SANBAG pursuant to authority conferred by the SANBAG Board of DirKtors Agenda Item 22, adopted on February 2,2011,and the GRAN TEE consents to reco(datiort thereof by its duty authorized officer. DewiptionfidentTfiral;ort of reW property. 1760 S.Tippecanoe Avenue,wftjn the cq of San Bernardino,San Bernardino County,Cahbrnia.designated at Assessor Parcel No 0281-351-32 natted -7.L;PO/ By: Deborah Robinson Barmack,Executrve Director STATE OF CALF OWA COMM OF SAN BERNARDiNC) On Wore me, Pit* .......... ir as of the om") who V..d .me on U*I..LV Marne of peraw asgnuV) "fidadory"doloo to two ow 'Whow MwMj MP&M-atk=rbed to ft twftm r"burnert and P*mw^'adq*d Mme Mat ftfiwwMw a*Mftd ft saw* =ftaip Auhome pervarew GWbw 0hwte 0capackv0s".and Me. W*Whelft" Viq,,jtut*V or to irstntm.rd the 9c won wr 04, GXOCUtl*tt*flVYUMent I ca�undw PENALTY OF PEfWRY wpow tt*Laws uO the State of Calitumia that vrea(wwiry paragraph is ino and correct WITW-S$nW hand and offal AMA ALb" rA- - - ---C-40-WME I"-_0 I a—s—w- oftry PAk-caftmis w ft mono m Cftffty EXEUrr"A"r0 EASEMENT DEED Legal Description of Essenssst [APN:0281-351-321 I PARSONS %le4 i-1-36',D-F. 9:x•21 d EXHIBIT RIGHT OF WAY APOM-35iV THAT PORTION,OF PARCEL 6,PARCEL MAP 40,17174,IN THE CITY OF SAN SERNARDING.COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA AS PER MAP RECORDED IN 030K 213,PAGES IGO THROUGH 105 OF PARCEL MAPS.IN THE OFFICE OF THE CotjNW RECORDED OF SAD COUNTY,DESCRIBE[)AS FOLLOWS: BEGINNING AT THE MOST SOUTHL RLY COF44ER OF SAID PARCEL 8,ALSO SENG A POINT ON THE NORTH RIGHT OF WAY LM OF HOSPITALITY LANE,SAID POINT BEING THE POWT OF BEGINNING AND THE REGINN"(1 OF A CURVE TO THE LEFT,OF WHICH THE RADIUS POINT LIES N.00136106W.,A RADIAL DISTANCE OF 7000 FEET;THENCE NORTHEASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 77*00'43',A DISTANCE OF 26 92 FEET,THENCE SA4-2153W,A DISTANCE OF 18 44 FEET;THENCE S 89-2313V,A DISTANCE OF 8 88 FEET 70 ML SWILY LINE OF SAID PARCEL 6;THENCE&"*36'44*E ALONG SAID SW'LY LINE,A DISTANCE Of 3 48 FEET TO THE POINT OF BElGlIWMNG AN AREA OF 60 SQUARE FEET,MORE OR LESS ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF DATEC THIS 27TH DAY OF AUGUST.2C TO pOFESSlO AAD r R-DXEfR`T EA;v5)WftE-N'S',PEE 25068 REGISTRATION ExP[REs 12/31111 7F�,'—32 —' AOW Poe I I ' I EX HIRIT"U"TO EASEMENT DEED Map of Kea)Property [APN:0291-351-321 i BMIR4 A DMMCE DATA CURVE DATA r4�.` KAH MS DISTANCE ft R _. C 2 S41•35'441 &A 20.W 17"46'43" 2LIP' ] M55 2]'S3"E M4,.23'93"f 1014` I r i r j � I 1 r I W + 62' � 52' I r N I r I` t +� \ ! I- PM 4Y X. W,3 RAO �r �_._.. RAO i HOSPITALITY LANE t a l� I 1 1 I � 1 ' 1 ' I EXHIBIT "B" PARSONS " osr�ir�oio 1200 05, NOW es,a,$Wi M APN !I1-811-42 "Two,Init"OLA wit MINT OF WAY s E s EXHIBIT "10" PARCEL NO. C-80 (FINAL ORDER) [SEE ATTACHED] PLEASE COMPLETE THIS INFORMATION. Recorded in Official Records,County of San Bernardino 9110/2012 DENNIS DRAEGER Pm N RECORDING REQUESTED BY: "`" CO9 ASSESSOR — RECORDER — CLERK B San Bernardino Associated Governments,a Joint Powers Authority,acting as the San Bernardino P Counter County Transportation Commission AND WHEN RECORDED MAIL TO: DOC#: 2012—0371 571 Titles: 1 Pages: 12 Rick E.Rayl Fees 0.00 Nossaman LLP Taxes 0.00 18101 Von Karman Avenue,Suite 1800 other 0.00 Irvine,CA 92612 PAID 50.00 [EXEMPT FROM FILING FEES- GOV.CODE, §6103] THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 American LegaiNet,Inc. Rec.Form#R25 www.USCourtForms.com s v I NOSSAMAN LLP i. RICK E. RAYL(SBN 174257) 2 rrayl @nossaman.com SBN 245866 FILE D BRADFORD B. KUHN ( ) SUPERIOR COURT OF CALIFORNIA 3 bkuhn@nossaman.com COUNTY OR SAN BERNARDINO DIVISI�I @ SAN BERrIR• 4 Special Counsel AUG l 7 20f2 18101 Von Karman Avenue, Suite 1800 5 Irvine,•CA 92612 Telephone: (949) 833-7800 eyn 6 Facsimile: (949) 833-7878 7 Attorneys for Plaintiff 8 SAN BERNARDINO ASSOCIATED GOVERNMENTS, 9 A Joint Powers Authority, acting as the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION I0 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 SAN BERNARDINO ASSOCIATED Case No: CIVDS 1104955 15 GOVERNMENTS, a Joint Powers Authority, acting as the SAN BERNARDINO COUNTY ASSIGNED FOR ALL PURPOSES TO: 16 TRANSPORTATION COMMISSION; JUDGE DAVID COHN,DEPT. S35 17 Plaintiff, b�- ] FINAL ORDER OF 18 vs CONDEMNATION 19 PATRICK C. HSU, an individual; et al., [Parcel No. C-80] 20 Defendants. 21 Trial: June 11,2012 Action Filed: April 15,2011 22 [EXEMPT FROM FILING FEES- GOV. 23 CODE, §61031 24 25 26 27 28 325891 1.DOC FINAL ORDER OF CONDEMNATION I Plaintiff San Bernardino Associated Governments, a Joint Powers Authority, acting as the San 2 Bernardino County Transportation Commission ("SANBAG"),having applied for entry of a Final Order 3 of Condemnation,having previously stipulated to a Final Judgment in Condemnation,and SANBAG 4 and defendants having waived a Statement of Decision,a judgment having been entered,and payment 5 having been made in full,no other party or person having or claiming to have an interest in the property 6 being acquired or the compensation to be paid for the property,and good cause appearing: 7 NOW,THEREFORE,IT IS HEREBY ORDERED,ADJUDGED AND DECREED AS 8 FOLLOWS: 9 1. The property described in the attached Exhibit"A,"designated as Assessor's Parcel 10 Number 0281-133-03, located at 1805 South Tippecanoe Avenue, San Bernardino, California,and more 11 particularly described as SANBAG Parcel Number C-80, as described in SANBAG's complaint on file 12 in this matter("Subject Property")is hereby condemned to SANBAG for the purposes of constructing, 13 maintaining and operating the sbX E-Street Corridor Bus Rapid Transit Project("Project"),for the 14 purpose of all necessary and convenient activities associated with the construction of the Project and for 15 public purposes. The temporary construction easement shall commence seven days from the date upon 16 which SANBAG or its authorized representative provides the applicable defendant with written notice 17 of its intent to commence construction utilizing the temporary construction easement and shall terminate 18 on the earlier of(a)the date upon which SANBAG notifies the applicable defendant that it no longer 19 needs the temporary construction easement,(b)six months from the commencement date or the 20 temporary construction easement, or(c)December 31,2013. 21 2. SANBAG is and was authorized and entitled to exercise the power of eminent domain for 22 public purposes under Article I, Section 19; of the California Constitution,California Public Utilities Code 23 section 130220.5,and California Code of Civil Procedure sections 1240.010 through 1273.050. The use 24 for which SANBAG seeks to condemn the Subject Property,to wit,in connection with the Project and 25 for public transit improvements, is and was authorized by law and is and was a public use; the public 26 interest,safety,and necessity require the Project;the Project is and was planned and located in the 27 manner that will be most compatible with the greatest public good and the least private injury;and the 28 Subject Property is necessary for the Project. 1 FINAL ORDER OF CONDEMNATION 1 3. Just compensation has been paid to defendants, and such sum was accepted by 2 defendants,as full payment ofjust compensation for the acquisition of the Subject Property and 3 construction of the Project in the manner proposed, including but not limited to,severance damages, 4 business goodwill,loss of or damage to improvements pertaining to realty,real and personal property, 5 fixtures,equipment,and/or inventory,precondemnation damages, claims for attorney's fees, litigation I 6 expenses,statutory costs,interest,relocation benefits and/or costs and any and all other kinds of 7 compensation, damage,or other claims arising out of or relating to the taking of the Subject Property and 8 construction of the Project in the manner proposed. 9 4. The right in and to the Subject Property shall vest in SANBAG upon the recordation of 10 this Final Order of Condemnation in the office of the Recorder of the County of San Bernardino, State 11 of California. All liens,leaseholds, and encumbrances of whatever kind and nature on the Subject 12 Property shall be cancelled. 13 L&N1^1 14 Dated: 1�Id Judge of the Superior Court 15 DAVID WHN 16 17 18 19 20 21 22 23 24 25 26 27 28 2 FINAL ORDER OF CONDEMNATION ATTACHMENT"1" All that certain real property situated in the County of San Bernardino,State of California, described as follows: Lot 52 of Tract No.2661,Loma Linda Ranchos,in the City of San Bernardino,County of San Bernardino, State of California,as per plat recorded in Book 37 of Maps,page 76,Records of said County. Excepting the South 100 feet thereof. Excepting that portion conveyed by Deed recorded March 4, 1994 as Instrument No.94-107302 of Official Records. Assessor's Parcel Number:0281-133-03 C80-0281-133-03 i LEGAL DESCRIPTION AND PLAT MAP FOR PERMANENT EASEMENT PARSONS 3200 E Guost!Road,Suite 200,0111.060,CA 017ftl •Telophonu;909-218.IG00•Fax 900-211}31106• www.laaraans.wm EXHIBIT A RIGHT OF WAY AP 0281-133.03 THAT PORTION OF LOT 52 OF TRACT NO. 2661, LOMA LINDA RANCHOS, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA. AS PER PLAT RECORDED IN BOOK 37, PAGE 7B, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THE SOUTH 100 FEET THEREOF, ALSO EXCEPTING THAT PORTION DESCRIBED IN THE GRANT DEED RECORDED MARCH 4,1994,AS INSTRUMENT NO.94-107302 OFFICIAL RECORDS,IN THE OFFICE OF SAID COUNTY RECORDER,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL,ALSO BEING A POINT ON THE EAST RIGHT OF WAY LINE OF TIPPECANOE AVENUE;THENCE ALONG THE NORTHEAST LINE OF SAID PARCEL NORTH 44°23'63"EAST 20.87 FEET,ALSO BEING A POINT ON THE SOUTH RIGHT OF WAY OF COULSTON STREET; THENCE ALONG THE NORTH LINE OF SAID PARCEL,NORTH 89'23'63"EAST 66.02 FEET;THENCE SOUTH 00.38'07" EAST 13.00 FEET TO A LINE PARALLEL TO AND 13.00 FEET SOUTH OF SAID.NORTH PARCEL LINE; THENCE SOUTH 89'23'53" WEST 49.52 FEET ALONG SAID PARALLEL LINE; THENCE SOUTH 44°23'63"WEST 35.91 FEET TO THE WEST LINE OF SAID PARCEL, ALSO BEING A POINT ON THE EAST RIGHT OF WAY LINE OF TIPPECANOE AVENUE; THENCE NORTH 00'38'07"WEST 19.40 FEET TO THE POINT OF BEGINNING. CONTAINING 1,116 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 21ST OF MAY,2010 ' �pr1AR0 d z x N ROBERT EDWARD STEAFFENS,PE 26088 APN 281.133.03AOW Page 1 UOP'I1 oggS-g0l1-COCCI-19ZNdV\GSZrt—P\ByZS90od\Oi P\W.'OuI y Id\10 OIOZ/�Z/6 o9ZC900MAQ P.".Ij LU O O � O m T O Q -�-�� w I � x Q M F N .I 0 _cc � O .. O ;LZ ,LZ ui x a r� m r Ci v WMAY 3ONV03dd11 W Ut - ul 0 CL0 us a 1— 4 LL d r � � p S vr'� �P N F o N S N NV; Z 1 2 5 LEGAL DESCRIPTION AND PLAT MAP FOR TEMPORARY CONSTRUCTION EASEMENT i i PARSONS 3200 E GuasU Rood.Suite 200,Ordado.CA 91761 Telopbona:909-21 B-3600•Fax 909-218.36015• www.parociia.com EXHIBfTA TEMPORARY CONSTRUCTION EASEMENT AP 0281-133-03 THAT PORTION OF LOT 52 OF TRACT NO. 2861, LOMA LINDA. RANCHOS, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF.CALIFORNIA, AS PER PLAT RECORDED IN BOOK 37, PAGE 76, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THE SOUTH 100 FEET THEREOF, ALSO EXCEPTING THAT PORTION DESCRIBED IN THE GRANT DEED RECORDED MARCH 4,1994,AS INSTRUMENT NO.94-107302 OFFICIAL RECORDS,IN THE OFFICE OF SAID COUNTY RECORDER,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL,ALSO BEING A POINT ON THE SOUTH RIGHT OF WAY LINE OF COULSTON STREET;THENCE ALONG THE EAST LINE OF SAID PARCEL SOUTH 00.38'07"EAST 48.57 FEET TO A LINE PARALLEL TO AND 48.57 FEET SOUTH OF THE NORTH LINE OF SAID PARCEL;THENCE ALONG SAID PARALLEL LINE SOUTH 89.23'53"WEST 00,38 FEET TO THE WEST LINE OF SAID PARCEL, ALSO BEING A POINT ON THE EAST RIGHT OF WAY LINE OF TIPPECANOE AVENUE: THENCE ALONG SAID WEST LINE OF SAID PARCEL NORTH 00'38'07"WEST 10.17 FEET:THENCE NORTH 44'23'63'EAST 36.91 FEET;THENCE NORTH 89'23'53"EAST 49.62 FEET;THENCE NORTH 00'36'07"WEST 13.00 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL,ALSO BEING A POINT ON THE SOUTH RIGHT OF WAY LINE OF COULSTION STREET.THENCE ALONG NORTH LINE OF SAID PARCEL NORTH 89'23'53'EAST 5.46 FEET TO THE POINT OF BEGINNING. CONTAINING 2,607 SQUARE FEET,MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 25TH OF MAY,2010 ESS/ �,OwARO d 7 ROBERT EDWARD STEAFFENS,PE 26068 APH 281-123-03TCE lapl, ubD'Ileain.] ,-{v•CV-IOZNdr�SGZI>sdM\Y9ZC900d\O l d\"-Out X--"N'o OIOZ/SZ/S 99?1900 d'AQ poi 401d Ui o_ ° n o � C = 7 s of U- -� W , o Z a Ln W O � F- vi tl,11 _ a O O m N to 1Z 1Z x d c�� ` W IM a . W f- N r Q I j 3QN3AV 3ONV03dd11 W Ul - o Z <T O __ ago W z J I a - O Inn • LLS 4 z '^ A s z ms ° g " g In , m