Attachment D
Lien Agreement
Recording Requested By:
The City of Victorville
When Recorded Please Return to:
City of Victorville
14343 Civic Drive
P O Box 5001
Victorville, CA 92393-5001
APNs 0473-163-06 and 0473-181-27
SPACE ABOVE FOR RECORDER’S USE
RECORDING OF THIS DOCUMENT IS FEE-EXEMPT
GOVERNMENT CODE SECTIONS 6103, 27383, AND 27388.1(2)(D)
LIEN AGREEMENT
As Subdivision Improvement Security for
Tract Map No. 14525
(ESUB22:00004)
THIS LIEN AGREEMENT (“Lien Agreement”) is entered into this ____ day of , 20_______, by and among the Cit y of Victorville, a municipal corporation and California charter city, hereinafter called “ CITY” and SLPR, L.L.C., AN ARIZONA LIMITED LIABILITY COMPANY and FONTANA LAND ASSOCIATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, hereinafter collectively called “OWNER”.
CITY and OWNER are sometimes collectively referred to hereinafter as the “PARTIES,” and individually as a “PARTY”.
RECITALS
A. OWNER is the record fee owner 1 of that certain real property situated in the City of Victorville, County of S an Bernardino, State of California, as more particularly described in the attached Exhibit A. Said real property is he reinafter called the “Property”.
B. OWNER has applied to CITY for approv al of a final map for Tract Map No. 14525, referred to hereinafter as the “Map”, pursuant to the Subdivision Map Act, Gov.
Code Section 66410 et seq., (the “Map Act”), and the ordinances and regulations of the City relating to the filing, approval, and recor dation of subdivision maps and other City subdivision regulations, including without limitation, Title 17 and the applicable provisions of Title 16 of the Victorville Municipal Code (hereinafter the “VMC”).
1 Exact fee title ownership vesting differs between Parcel 1 and Parcel 2 as follows: As to PARCEL 1, SLPR, L.L.C. HAS A 100% OWNERSHIP INTEREST; and as to PARCEL 2, FONTANA LAND ASSOCIATES, LLC HAS AN UNDIVIDED 50.22% INTEREST and SLPR, L.L.C. HAS AN UNDIVIDED 49.78% INTEREST. However, the obligations of OWNER, as defined in this Agreement, shall be joint and several and shall extend to the entire Property, as does the lien created by this Agreement.
2 C. OWNER is required to enter into a secured agreement with the CITY known as a Subdivision Improvement Agreement (hereinafter “SIA”) to perform certain acts and construct certain improvements as a condition of CITY’s approval of said Map.
D. OWNER is further required by said SIA, Chapter 17.64 of VMC Title 17, and Sections 66462 and 66499 of the Map Act to provide security satisfactory to the CITY to secure OWNER’s obligations under said SIA.
E. Map Act Section 66499(a)(4) empower s the CITY to adopt an ordinance to allow the use of lien agreements to secure subdivision agreements based upon the CITY finding that it would not be in th e public interest to require the installation of the required improvements sooner than two (2) years after the recordation of the map.
F. Pursuant to Section 17.64. 065 of VMC Title 17, CITY is authorized to accept a lien agreement recorded agains t the Property as security for the SIA based upon and subject to all the conditions, requirements, and restrictions contained therein.
G. The City Council of the CITY has found and determined that it would not be in the public interest to require the insta llation of the improvement s required by the SIA sooner than two (2) years after the recordation of the Map.
H. OWNER warrants that OWNER has fee titl e interest to all of the individual lots in the Property as identified on the Map and has not sold any of the individual lots on the Property to be divided as identified on said Map.
I. OWNER has not commenced to in stall or construct any of the improvements required by t he SIA, and has not been issued any construction permits, including without limitation, grading or building permits, on any of the Property as identified on the Map.
J. OWNER has provided a title insurance policy and current title report from a title company approved by the CITY and issued within the 45 days prior to the execution of this Lien Agreement documenting that the OWNER is the record owner of the Property, and the Property is not encumbered by any mortgages, deeds of trust, or liens.
K. OWNER represents and CITY has c onfirmed that OWNER has paid all outstanding fees pursuant to Chapter 17.12 of the VMC and has a deposit-based fee account in good standing with the CITY.
NOW, THEREFORE, incorporating the above recitals, and for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the PARTIES hereto mutually agree as follows:
I. OWNER’s Performance and Obligations:
A. OWNER hereby grants to CITY, in accordance with the terms and conditions of this Lien Agreement, a lien up on the Property described in Exhibit A, as security for all of the following obligations of OWNER:
3 (1) Construction of the improvement s required by the SIA (hereinafter the “ Required Improvements”), the total estimated cost of which equals $11,388,117.27 [Eleven million three-hundred and eighty-eight thousand and one hundred and seventeen dollars and twenty-se ven cents], as specified in the approved Engineer’s Cost Estimate atta ched hereto as Exhibit B; provided, however, that OWNER’s obligation under this Lien Agreement shall extend to the actual cost of construction of the R equired Improvements, notwithstanding that such costs may exceed the estimate set forth in Exhibit B. (2) Payment of any fees, including f ees for improvements, services, or applications described in VMC Title 17 (collectively, “ Fees”), in the amount required in accordance with the VMC.
B. For so long as the Property remain s subject to this Lien Agreement, OWNER shall not:
(1) request issuance by the Department of Real Estate of the Final Subdivision Public Report for the Property;
(2) transfer, sell, or permit the transfe r or sale of any lot shown on the Map, or any of the individu al final tract maps which ma ke up the Property, if any, except as specified in the provisions of Section III.B, hereof; or (3) commence work on any portion of the Required Improvements except as necessary to correct or prevent threats to the public health, safety or general welfare and with the prior written consent or order of the CITY.
C. At the time OWNER executes this Lien Agreement, OWNER shall post with the CITY a cash deposit in th e amount of Twelve Thousand Dollars ($12,000) per tract map to be recorded, regardless of whether the project is to be subdivided by a single tract map or by multiple tract map recordings through phasing, for the purpose of reverting the property to acreage if OWNER br eaches or is in default of the terms of this Lien Agreement, and to be used by CITY to reimbur se CITY for any costs which CITY may incur in processing such reversion to ac reage map initiated pursuant to this Lien Agreement as required for properties w here none of the Required Improvements have been constructed. If there are no outstanding fees, any unused portion of such deposit shall be refunded to OWNER following completion of such reversion.
D. Prior to obtaining any construction permits, including but not limited to grading, construction excavation or water permits, or commencing the installation and construction of any portion of the Required Improvements under the SIA, OWNER shall:
(1) substitute other forms of security satisfactory to CITY in place of this Lien Agreement, in the amounts and for t he purposes set forth in the SIA and Section 17.64.060 of the VMC, except that the amounts shall be calculated using the estimated cost of the Required Improvements at the time of substitution, as ascertained by the City Engineer; and
4 (2) deposit fees for inspections, tests, and other related purposes.
E. OWNER shall substitute acceptable security for this Lien Agreement (in the types and amounts specified in VMC Sections 17.64.060(a) and (b) and approved by the City Council) and commence to construct all Required Improvements imposed as conditions of approval on the Map as specified in the SIA within six (6) years following the date of recordation of the Map. Upon request of the OWNER and upon approval by the City Engineer or his/her desig nee, the time for delivery of acceptable replacement and commencement of construction may be ext ended once for an additional period not to exceed (4) four years, provided all the provisions of VMC Section 17.64.065(h) are met.
Assuming such extension is approved, the total amount of time a Lien Agreement may be used as security for the Property is ten (10) years.
F. Once this Lien Agreement has been replaced with acceptable security, in the types and amounts specified in VMC Sections 17.64.060(a) and (b) and approved by the City Council, substitution of a lien agreement for said security shall not be permitted.
G. OWNER agrees to appear in and defend any action or proceeding purporting to affect the CITY’s lien upon the Property or the rights or powers of the CITY with respect to the Property; and also, if at any time the CITY is a party to or appears in any such action or proceeding, or in any ac tion or proceeding to enforce any obligation hereby secured, to pay all costs and expenses paid or incurred by the CITY in connection therewith, including, but not limited to, cost of evidence of title and reasonable attorneys’ fees. OWNER further agrees that upon entry of any judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered.
H. OWNER agrees to indemnify, and hold harmless, the CITY, its officers, employees and agents from any liability whats oever based or asserted upon any act or omission of OWNER, its officers, employ ees and agents relating to or in any way connected with the obligations arising under this Lien Agreement. As part of the foregoing indemnity, OWNER agrees to protect and defend at its own expense, including attorneys’ fees, the CITY, its officers, employees, and agents in any legal action based upon such alleged acts or omissions
I. OWNER agrees to pay when due any and all taxes and assessments affecting the Property, and all encumbrances , charges and liens, with interest, on the Property or any part thereof, which appear to be prior or superior to the lien created by this Lien Agreement.
J. OWNER agrees at its sole cost and expense, to maintain and keep the Property in good condition and repair, including but not limited to maintaining storm water facilities, erosion control and fire prevention maintenance activities on the Property; to comply with all laws, ordinances, regulations , covenants, conditions and restrictions affecting the Property; not to commit or permit any waste thereof or any act upon the Property in violation of the law; to cultivate, irrigate, fert ilize, fumigate, prune and do all other acts which from the character or use of the Property may be reasonably necessary, the specific enumerations herein not excluding the general. 5 K. OWNER agrees that the choice of remedy or remedies for OWNER’s default or breach of this Lien Agreement shall be in the sole discretion of the CITY.
II. CITY’s Performance and Obligations:
A. Upon delivery by OWNER and accept ance by the City Council of one or more of the securities (as specified in Section 17.64.060 of the VMC and Section 10 of the SIA) in replacement of this Lien Agreement, and upon OWNER’s request, the CITY shall release the Property from the provisions of this Li en Agreement and shall execute any necessary release in a form as required by law to enable the OWNER or its transferee, if any, to clear the record of title of the Property so release of the lien created by this Lien Agreement is achieved.
B. Upon delivery by OWNER and accept ance by the City Council of one or more of the securities (as specified in Section 17.64.060 of the VMC and Section 10 of the SIA) in replacement of this Lien Agreement, and upon OWNER’s request, the CITY shall release all remaining amounts of the deposit paid pursuant to Section I.C hereof.
C. In no instance shall this Lien Agreem ent compel the CITY to construct the Required Improvements.
III. Effect of Lien Agreement.
A. This Lien Agreement creates and c onstitutes a secured obligation in the form of a lien against the Property for the purposes of securing OWNER’s performance of this Lien Agreement and the SIA recorded concurrently her ewith. From the date of recordation of this Lien Agreement, a lien sha ll attach to the entire Property which shall have the priority of a judgment lien in an am ount necessary to discharge all obligations contained in the SIA, this Lien Agreement and any Fees. The CITY shall under no circumstances be obligated to subordinate the lien, but may do so in its sole and absolute discretion in a manner provided by law.
B. Except as specified in VMC Secti on 17.64.065(m), fee title to the entire Property encumbered by this Lien Agreement, or to all lots designated on any individual final map which is encumbered by this Lien Agreement, may be sold in the aggregate by OWNER to a single purchaser, provided that OWNER shall notify CITY in writing at least sixty (60) days in advance of any such proposed sale, and any such sale shall further be subject to the following requirements set fort h in this Section and any provisions in the SIA relating to sale of the Property, and fu rther provided that t he proposed purchaser, prior to assuming title to the Property, either:
(1) Executes a new or replacement SIA in a form acceptable to CITY to assume the obligations of OWNER with re spect to the Property encumbered by this Lien Agreement and delivers acceptable replacement security to the CITY (as set forth in VMC Section 17.64.065(g)) as a condition to development of the Property conveyed; or
6 (2) Executes a new or replacement SIA in a form acceptable to CITY to assume the obligations of OWNER with re spect to the Property encumbered by this Lien Agreement and executes a new lie n agreement in a form acceptable to the CITY as security (provided that the ten-year limit for which a lien agreement may be used as security for the Property has not been reached) to replace this Lien Agreement, which will encumber th e Property conveyed. The foregoing sentence notwithstanding, as stated in Section I.F above, no new lien agreement may be used as security if replacement security has already been provided as set forth in Section I.D of this Lien Agreement.
Any proposed purchaser shall also comply with all other applicable provisions of VMC Chapter 17.64 and Section 17.64.065.
C. Notwithstanding any provis ions of VMC Title 17 to the contrary, so long as this Lien Agreement is utilized for security as described herein, the CITY is not obligated to accept offers of dedication for street or drainage purposes on the Property
IV. Events of Default; Breach.
Upon the occurrece of any one of the fo llowing events, OWNER shall be deemed in default hereunder if OWNER fails to cure such occurrence within thirty (30) days after receipt of written notice of default from the CITY; provided, however, that if such event is of such a nature that it c annot be cured within such thirty (30) day period, then OWNER shall not be in default if it commences a cure in good faith within such thirty (30) day period and thereafter diligently prosecutes the cure to completion:
A. Commencement of any work on any Required Improvements by OWNER, its agents or employees, prior to substitution of acceptable security with the CITY in place of this Lien Agreement, except as specifically authorized by CITY with prior authorization in writing or by order to corre ct or prevent threats to the public health, safety or general welfare;
B. Filing of any proceedings or ac tion by or against OWNER to declare OWNER bankrupt or to appoint a receiver or trustee for OWNER or to reorganize OWNER or to make an assignment for t he benefit of creditors or to do anything else of a similar nature or purpose under any st ate or federal bankruptcy or insolvency laws, if such proceedings or actions are not discharged within sixty (60) days; C. Levy of any attachment or writ of execution against OWNER and the Property whereby the Property is taken or occupied or attempted to be taken or occupied by someone other than OWNER and such attachment or execution is not released within sixty (60) days;
D. Sale of any portion of the Property or any lot shown on the Map prior to release of the lien created by this Lien Agr eement, except as provided in Section III.B hereof;
7 E. Request by OWNER of issuance by t he Department of Real Estate of the Final Subdivision Public Report for the Property;
F. Allowing the Property to be mainta ined in manner that falls below the required maintenance satisfactory to the CITY or as required by Section I.J hereof; G. The attachment of any other li en or judgment lien upon the Property; H. Breach by OWNER of any other term or condition of this Lien Agreement or of the SIA, or OWNER’s failure to fully and faithfully discharge its obligations hereunder within the time specified herein.
V. CITY’s Remedies.
A. Upon the occurrence of any of the events described in Section IV, above, CITY may declare a breach of this Lien Agreement if OWNER fails to cure or to diligently prosecute the cure to completion, and the CITY, at CITY’s option, may exercise any one or more of the following remedies:
(1) Pursue any or all of the reme dies provided in the SIA and all remedies available to it by law;
(2) Enforce this lien by appropriate ac tion in court or as provided by law and in the event the enforcement is by action in court, the OWNER agrees that the amount of said lien shall include reasonable attorneys’ fees which shall be taxed as a cost in any suit for such enforcement;
(3) Estimate the cost of the work required to complete the Required Improvements, and all Fees, and foreclose said lien in said amount; (4) Rescind the approval of any and a ll entitlements, permits or licenses associated with the Map;
(5) Initiate proceedings for reversion of the Property to acreage, at the expense of OWNER, in accordance with the provisions of the Map Act and Chapter
17.92 of the VMC;
(6) Pursue any other remedy, legal or equitable, for the foreclosure of a lien. OWNER, its heirs and assigns, shall pay reasonable attorneys’ fees to be taxed as a cost in said proceedings.
B. The failure of the CITY to take an enforcement action with respect to a default, or to declare a default or breach, shall not constitute a waiver of t hat default or breach, or any subsequent default or breach of OWNER.
VI. General Provisions.
A. Recordation. This Lien Agreement shall be recorded, concurrently with the SIA, by the CITY in the office of the County Recorder of San Bernardino County 8 immediately following execution of this Lien Agreement and shall be indexed by the names of all record title owners of the Property as specified on the Map.
B. Contingency. This Lien Agreement s hall not take effect until both it and the SIA have been approved by the City Council of the CITY and have been recorded against the Property.
C. Final Integrated Agreement. This Li en Agreement, together with all exhibits, the SIA, and the Map expressly referred to herein, is intended to be the final expression of understanding between the Parties and super sedes any and all prior restrictions, promises, representations, warranties, agreements, understandi ngs and undertakings between the Parties with respect to the within subject matter. No other statement or representation, written or oral, express or implied, has been received or relied upon entering into this Lien Agreement. All prior discussions, statements and negotiations shall be deemed merged into this Lien Agreement and the SIA which it secures.
D. Further Assurances. The PARTIES agr ee to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Lien Agreement and the intentions of the PARTIES.
E. Governing Law. This Lien Agreem ent shall be governed, interpreted, construed and enforced in accor dance with the laws of the St ate of California. The PARTIES agree that all actions or proceedings arising in connection with this Lien Agreement shall be tried and litigated only in the state courts located in the County of San Bernardino, State of Ca lifornia, or federal courts located in the Central District of California.
F. Headings. The captions and Secti on headings used in this Lien Agreement are inserted for convenience of reference onl y and are not intended to define, limit or affect the construction or interpretation of any term or provision hereof.
G. Modification, Waiver and Amendment. No breach of this Lien Agreement or of any provision herein may be waived e xcept by an express written waiver executed by the PARTY waiving such breach. Waiver of any one breach shall not be deemed a waiver of any other breach or provision of this Lien Agreement. This Lien Agreement may be amended, altered, modified or otherwise changed only by a writing duly executed by the PARTIES hereto or their aut horized representatives. No modification, waiver, amendment or discharge of this Lien Agreement shall be valid unless the same is in writing and signed by all PARTIES.
H. No Other Inducement. The making, execution and delivery of this Lien Agreement by the PARTIES hereto has been induced by no representations, statements, warranties or agreements other than those expressed herein.
I. Severability. If any term, provisi on, covenant or condition of this Lien Agreement is held to be invalid, void or otherwis e unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Lien Agreement shall not be affected 9 thereby, and each term, provision, covenant or condition of this Lien Agreement shall be valid and enforceable to the fullest extent permitted by law.
J. Successors and Assigns. This Lien Agreement shall run with the land and inure to the benefit of and bind all PARTIES hereto, their heirs, devisees, administrators, executors, successors and assigns.
K. Attorney Fees. In the event any ac tion at law or in equity is brought to enforce the terms of this Lien Agreement, the prevailing PARTY shall be entitled to litigation costs and reasonable attorney fees
L. OWNER not Agent of CITY. Ne ither OWNER nor any of OWNER’s officers, directors, agents, employees, contractors, or successors in interest are or shall be considered to be agents of the CITY in connection with the performance of any of the OWNER’s obligations under this Lien Agreement.
M. Notice. All notices required by or provided under this Lien Agreement shall be in writing and delivered in person or sent by certified or registered mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail.
Notice to CITY: City of Victorville
Attention: City Engineer
14343 Civic Drive
Victorville, CA 92392
Notice to OWNER: SLPR, L.L.C.
and
FONTANA LAND ASSOCIATES, LLC
With Copy to: City Attor ney, City of Victorville
Green de Bortnowsky, LLP
30077 Agoura Court, Suite 210
Agoura Hills, CA 91301-2713
Attn: Andre de Bortnowsky
10 N. Counterparts. This Lien Agreement may be executed in counterparts, each of which shall be deemed as original but all of which shall constitute one and the same instrument.
O. Authority. Each person signing this Lien Agreement wa rrants that s/he is duly authorized to execute this Lien Agreement on behalf of and bind the PARTY each purports to represent.
P. Incorporation of Exhibits. The follo wing exhibits are attached to this Lien Agreement and incorporated herein by this reference:
Exhibit A: Legal Description of Property
Exhibit B: Engineer’s Cost Estimate
[END OF THIS PAGE – SIGNATURE PAGE FOLLOWS]
12 EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Victorville, County of San Bernardino, State of California, described as follows:
PARCEL 1: (APN: 0473-163-06-0-000)
THAT PORTION OF THE WEST ½ OF SECTION 3, TOWNSHIP 5 NORTH, RANGE 4 WEST, SAN BERNARDINO
BASE AND MERIDIAN, IN THE COUNTY OF SAN BE RNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, APPROVED BY THE SURVEYOR GENERAL, DATED MARCH 19, 1856, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 11, TRACT NO. 3213, AS PER PLAT RECORDED IN BOOK 42 OF MAPS, PAGE 96, RECORDS OF SAID COUNTY; THENCE SOUTH 54° 03' 54" EAST, BASED ON THE BEARING OF THE CENTER LINE OF IMPROVEMENT OF STATE HIGHWAY 15 (SAID BEARING ALSO SHOWN AS SOUTH 53° 18' 53" EAST, ON MAP OF SAID TRACT NO. 3213, AND AS SOUTH 54° 25' 35" EAST IN THE DEED TO THE COUNTY OF SAN BE RNARDINO, RECORDED IN BOOK 7459, PAGE 670, OFFICIAL RECORDS), FOR A DISTANCE OF 41.97; THENCE NORTH 89° 40' 45" EAST, 53.23 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF STODDARD WELLS ROAD, 100 FEET WIDE, AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY EASEMENT RE CORDED APRIL 22, 1968 IN BOOK 7013, PAGE 206,
OFFICIAL RECORDS, SAID POINT BEING ON A NO N-TANGENT CURVE CONCAV E TO THE EAST AND HAVING A RADIUS OF 1850 FEET, THE RADIAL FR OM SAID POINT BEARS NORTH 80° 40' 42" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6° 58' 17", FOR A DISTANCE OF 225.10 FEET TO THE TRUE POINT OF BEGINN ING, SAID POINT BEING A NONTANGENT CURVE CONCAVE NORTHEASTERLY WITH A RADIUS OF 70 FEET, THE RADIAL FROM SAID POINT BEARS NORTH 4° 13' 27" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 80° 32' 26", FOR A DISTANCE OF 98.40 FEET TO THE EN D OF SAID CURVE; THENCE NORTH 13° 43' 01" WEST, 29.53 FEET; THENCE SOUTH 49° 12' 49" WEST, 1078.05 FEET; THENCE NORTH 40° 25' 01" WEST,
65.00 FEET; THENCE NORTH 39° 44' 35" WEST, 120.25 FEET; THENCE NORTH 55° 42' 38" WEST, 243.40 FEET; THENCE NORTH 43° 20' 15" WEST, 154.00 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE
OF THE STATE HIGHWAY CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED DECEMBER 19, 1955 IN BOOK 3813, PAGE 526, OFFICIAL RECORDS; THENCE SOUTH 53° 01' 11" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO THE WESTERLY LINE OF SAID SECTION 3; THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE SOUTHWEST CO RNER OF SAID SECTION 3; THENCE NORTH 89° 01' 31" EAST ALONG THE SOUTH LINE OF SAID SE CTION 3, A DISTANCE OF 2318.11 FEET TO A POINT
IN THE CENTER LINE OF STODDARD WELLS ROAD, SAID POINT BEING A POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1800 FEET, THE LONG CHORD OF SAID NON-TANGENT CURVE BEARS NORTH 13° 25' 45" WEST, A DISTANCE OF 463.82 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14° 48' 03", AN ARC DISTANCE OF 464.98 FEET (DEED RECORD 14° 48' 17", A DISTAN CE OF 465.10 FEET); THENCE NORTH 5° 39' 56" WEST, 1062.18 FEET (DEED RECORD NORTH 6° 01' 37" WEST, 1061.72 FEET) TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1800 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CE NTRAL ANGLE OF 11° 05' 57", A DISTANCE OF 348.69 FEET; THENCE NORTH 16° 45' 53" WEST, 406.58 FEET (DEED RECORD NORTH 17° 07' 33" WEST, 406.08 FEET) TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1800 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0° 26' 18", AN ARC DISTANCE OF 15.23 FEET; THENCE LEAVING SAID CENTER LINE OF SAID STODDARD WELLS ROAD, 100 FEET WIDE, ON A RADIAL BEARING OF SOUTH 73° 42' 25" WEST, FOR A DISTANCE OF 50 FEET TO
A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF ABOVE SAID STODDARD WELLS ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING.
13 EXCEPTING THE WESTERLY 50 FEET OF THE ABOVE SAID STODDARD WELLS ROAD, 100 FEET WIDE, AS RESERVED BY HAZLETT E. ANDERSON AND ORTRUD CECELIA ANDERSON IN DEED RECORDED IN BOOK 7759, PAGE 56, OFFICIAL RECORDS.
ALSO EXCEPTING THAT PORTION OF THE WEST ½ OF SAID SECTION 3, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SECTION 3 WHICH IS 370 FEET EAST OF THE SOUTHWEST CORNER THEREOF; THENCE NORTHWESTERLY IN A STRAIGHT LINE TO A POINT ON THE
WEST LINE OF SAID SECTION WHERE SAID STRA IGHT LINE WOULD INTERSECT THE SAME EXACTLY 1600 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE EAST 370 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF LAND CONVEYED TO CITY OF VICTORVILLE, A MUNICIPAL CORPORATION BY THAT CERTAIN GRANT DEED RE CORDED NOVEMBER 28, 2023 AS INSTRUMENT NO. 2023-0291705 OF OFFICIAL RECORDS.
PARCEL 2: (APN: 0473-181-27-0-000)
PARCEL 1 AS SHOWN ON THAT CERTAIN PARCEL MAP NO. 15883 FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA ON NOVEMBER 14, 2002, IN BOOK 197 OF MAPS PAGES 32-39
APN: 0473-163-06 and 0473-181-27
14 EXHIBIT B
ENGINEER’S COST ESTIMATE SUMMARY