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HomeMy WebLinkAboutSewer Plant Site 1956 MEMORANDUM to Mr. Miller and Mr. Garrod from City Attorney Henry F. Rager On May 15, 1956, the City Council authorized that we take steps to apply to the County Planning Commission for permission to locate a sewage disposal plant. When will it be convenient to you to meet and discuss this matter. May 18, 1956 Mr‘i J. Dale Gentry California Hotel San Bernardino, California Dear Mr: Gentry: This is to inform you ,that the City of Fontana intends to construct within the City a sanitary sewer system and it is the further intention of the City to locate the ' disposal plant- on property owned by you. ' This property is generally described as follaws: A portion of your property located at the Southwest corner of -Jurupa and Live- Oak., We would like to ,meet with you to discuss the *purchase of this property including the terms and conditions of purchase end 'any other matters which may be of interest to, you,and to the-City with respect to the location of this disposal plant. ' ' For your further- information, thd Engineers of -the City ,have determined that the property above described ;i'a' best suited for the location of this plant and it.; 1s -the 'present intention of the City to acquire this ,prop- erty. We would appreciate At vary much if you would get in. touch With us and advise when it -would be convenient to meet with you to'-diaouss this, Very truly yours,, Doyle Miller City Administrator FIR:DMIgmb 4 July 11, 1956 Mr. Robert A. Covington Director, County Planning Commission San Bernardino County Court House San Bernardino, California Dear Sir: We are enclosing herewith an application for approval of the location and develop- ment plan, in connection with a proposed sewer development plan for the City of Fontana. We would appreciate it if the County Planning Commission could consider this matter at their July 26th meeting. Yours very truly, Doyle Millor City Administrator DM:gmb eno. SAN BA NARDINO COUNTY PLANNING COiM:ISSION - SAN BERNARDINO, CALIFORNIA APPLICATION FOR APPROVAL OF LOCATION AND DEVELOPMENT PLAN BY COUNTY PLANNING COUNISSION (Sec. 15.6, Ord. No. 678) CITY OF FONTANA APPLICANT'S NAME qh Mr. Rule Miller. City Administrri S July 11, 3956 HAILING L.DDR.SS 169A9 Upland Ave_, Fontnnn A CM I forni n I„&L DE3CRIPTION OF PROP3RTY AND GINEh_1 LOCATION: Portion of NW 1/4, Sec. 35, T.1S, ROW, B.B.M. (See Map Attached) PE,ESENT ZONE CLASSIFICATION M..1 PROPOSED USE OF PROPERTY (Attach hereto a detailed development plan and descrip- tion of operation); Treatment and disposal of sanitary sewage from the City of Fontana_and _adjacent areas. ( ign " Athasti'a or COIaiIS3ION ACTION DATE OF REARING FLARING PRESA4TED TO COMEIsSION COIi,iI3SION ACTION CONDITIONS OF APPROVAL OR IL,ASON FOR DIIIIAL: Transmittal to Applicant .- — (i • ........... 1 ? 1 ! 1- I ' • . ,. , , ,_ . 1 , _.. 1 t 1 - ! , 1 . . , 4., , . ... ,, ,.. :. ....,. .st I--. — • I : ... 1 , 1 41 / 4 k i V i I ..... L). . , — htssi , 4D / — / 1 / 1 — 16,-17.•.:*_ V t--- r-- L A 't ,a k.,/ ':; 1 — i /7 - / ...[ - (,.. := , i i i _.., E _i_. , ;___, ;NA' r,,../.. \,t,.,_ ... A L I F. C .' 7 ,.' :.1., ' ' 1 / sc i ., , - -4—cr,0• — PLAN ^-.. • - ' r IIIIIM i I 1 I:4is° mwr::u,nr e r tilr 1-6 s ,.z -a. I FIFTH J. DALE GENTRY AND E Owner and Operator STREETS 2b272829 i - TELEPHONE 5 tr. ICI ,d •', SAN BERNARDINO, CALIFORNI N' r a Lri N `' k" G v August 20, 1956 gu ¢t3 a w Y C �+ rn `�``19! as0 Sl bl£12\\'` Doyle Miller, City Administrator, City of Fontana, Fontana, California. Dear Mr. Miller Replying to your letter of August 14th regarding appointment of an appraisal team to act in the matter of the Fontana Sewage Disposal Site, , I have appointed Mr. Bernard Evans, 138 East Highland Avenue, this City, telephone 7857, to act for me. I would like to suggest, before any further action is taken on appraising this property, that something should be worked out regarding the time payments that we mentioned while meeting in m1y office. You should be assured that the City of Fontana will go through with this deal on and after the appraisal is made, and I would like to have a further meeting with you before any further action is taken on my part. Very truly yours, ' JD e Ge s " SAN BERNARDINO ' S FINEST" SAN F3.aN.'.iDINO COUNTY PLANNING CCU1ISS10N-- SAN BJd4ARDI14O, C:ILIFC:{FIA —_ APPLICATION FOR APPROVAL OF LOCATION AND DEVELOPMENT PLAN F3Y iCUFINTY FANNING CON5iI3SION (Sec. 15 6; WC No. 678) CITY OF FoNTANA APPLICATTOS NJtsE _Cb MR_ ,Dayae MlLI,Ea, Ci y Amman/Atop DAT3 OcrOnrR IA. 1956 MAILING ..DDIL SS 16989 UPLAND AVENIIP. FDNtANA. CALIPORNIA L;fr;._L DL.3CMIPTION OF PhOP.iRTY AND G;d1Sh..L LOCATION: SEE LEGAL DESCRIPTION ATTACHED HERETO. PRESENT ZONE CLASSIFICATION Med PROPOSED USE OF PROPi;TY (Attach hereto a. detailed development plan and descrip— tion of operation): TREATMENT AND DISPOSAL OF SANITARY SEWAGE PROM THE CITY Oa FONTANA AND ADJACENT AREAS. CITY ADMINISTRAtoR (Signature of Applicant) CO.uiI36ION ACTION DATE OF IL4,.RING lL .hING Plt.a.ELTED TO COILILSION COa:IJSION ACTION CONDITIONS OF LPPLOVAL OR 1c ..SON FOh DZIIAL: • Transmittal to Applicant ,/ r%3Yid{J.ffiY+aarui:J.Ga .......ewnai'.�M.ssasi,niS:BfLH' K •.avv ,y_ r.. .r.fl • t' x ;C JII a.ra.-rV F PARCEL NO. I. THAT PORTION OF SECTION 35 KNOWN AND DESIGNATED AS LOT a, PARCEL NO. 3, EXHIBIT "A". DESCRIBED AS FOLLOWS; COMMENCING AT A POINT NORTH 89 DEGREES 48 MINUTES WEST, 1320 FEET FROM THE NORTHEAST CORNER OF SECTION 35. TOWNSHIP 1 SOUTH, RANGE 6 WEST, AND RUNNING SOUTH 0 MINUTES 09 DEGREES EAST, 528.1 FEET; THENCE SOUTH 79 DECREES 16 MINUTES WEST, 1338.5 FEET; THENCE NORTH 71 DEGREES 00 MINUTES WEST, 100 FEET; THENCE NORTH 19 DEGREES 00 MINUTES EAST 33.4 FEET; THENCE BY A CURVE TO LEFT WHOSE RADIUS IS 1959.9 FEET AND WHOSE CHORD RUNS NORTH IO DEGREES 41 MINUTES EAST, 567.0 FEET; THENCE NORTH 0 DEGREES 57 MINUTES EAST, 152 FEET; THENCE NORTH 0 DEGREES 07 MINUTES EAST 8.3 FEET; THENCE SOUTHc89 DEGREES 48 MINUTES EAST, 1289.8 FEET TO THE POINT OF BEGINNING, PARCEL NO, 20 COMMENCING AT A POINT SOUTH 49 DEGREES 06 MINUTES WEST, 1417.7 FEET FROM THE NORTHEAST CORNER OF SECTION 35 AND RUNNING SOUTH 728.3 FEET; THENCE NORTH 67 DEGREES 14 MINUTES WEST, 121.3 FEET; THENCE SOUTH 80 DEGREES 20 MINUTES WEST 430.7 FEET; 'THENCE NORTH 70 DEGREES 53 MINUTES WEST, 844.6 FEET; THENCE NORTH— ERLY 66407 FEET BY A CURVE TO THE RIGHT WHOSE RADIUS IS 423.7 FEET; THENCE NORTH 19 DEGREES EAST, 100 FEET; THENCE 79 DEGREES 16 MINUTES EAST, 1338.5 FEET; THENCE SOUTH 0 DEGREES 09 MINUTES EAST, 403.9 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES EAST, 246.1 FEET TO THE POINT OF BEGINNING. PARCEL No, 3. COMMENCING AT AN IRON PIPE SOUTH O 'DEGREES 9 MINUTES EAST, 932 FEET, FROM THE NORTHEAST CORNER OF SECTION 35 AND RUNNING SOUTH 0 DEGREES 9 MINUTES EAST 1315 FEET; THENCE NORTH 57 DEGREES 51 MINUTES WEST, 400 FEET; THENCE NORTH 76 DEGREES 05 MINUTES WEST. 400 FEET; THENCE NORTH 42 DEGREES 50 MINUTES WEST, 300 FEET; THENCE NORTH 67 DEGREES 14 MINUTES WEST, 158.7 FEET; THENCE NORTH 728.3 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES EAST, 1073.? FEET TO THE POINT OF BEGINNING. ler -/ "' - ..r2Z{ —te a a p • 1 4 P �, r1 ---� ,,.` / I1 • t ; , I E ' 0 1' o _\_. ' `a.. N �' 1) ail Q' '; .h �� rCO r " n" f_' `I.• N. 1 ;, C. I ;. N L I,; . 4. �, ` 7-4" tf. - t1 a �` �r G fs--, LI i .` 1. ills� f �3 0 j - CJ. c 3 v/r)) i �' � 9 C l j) ' ` - - � CO --' M 1 .. Q4 U {y l tI a , - Li � iI ' ass/ p �• `� f J L _. 4Q • Ck '. ti' , ' J ti • ......,...r-'+--""`-•....-.ram �+.r..�+.rr-s^a.�. .. _ .._...,-... __.. .._ .__s.. _...... .. ♦ rt.,11••• — ,-77 d...1...c. I ki) r{) lil Ni) .w -$.. 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NdrIC13 OF SPECIAL MEETING A Special;i ►eeting of the City Council of the City of Fontana ie hereby called for the 23rd day of October, 1956, at the hour of 7:30 F.M. at the City Hall, 16989 Upland Avenue, Fontana, California, for tho purpose of considering the purchase of a sewer plant site. M yor Dated October 22, 1956. ,c-- � ! 1 !p* tJ f3 ®9 �n �•/ _'5 e e 1 FIFTH J. DALE GENTRY `F�-% �Owner and Operator STREETS TELEPHONE 5831 SAN BERNARDINO , CALIFORNIA October 24, 1956 City of Fontana, Fontana, Calif Attention: Mr. Miller, City Manager Gentlemen: I have spent some time investigating prices of , land in and around South Fontana and I find them quite a I bit higher as to asking prices and actual sales that what 1 you quoted me that your appraiser had arrived at You are well aware of the fact that I consider your disposal plant to be located on my property, as a nuisance and that it will depress prices of property in the whole area surrounding this plant. As I have stated before, actual condemnation proceedings are the last thing that I want so I have worked out the following for your consideration. For the 76.57 acres that are involved, I will take under $2500.00 an acre, or in round figures, a total of $190,000.00 to be paid as follows $60,000.00 in cash, for which I will deed to you thirty acres so you can take possession and go to work immediately, the balance of $130,000.00 to be paid as follows: A payment of $21,666.00 upon the close of the above escrow and the remaining balance to be paid in five semi-annual payments . of $21,666.00, or over a total period of three years, in- terest to be charged at the rate of 3%. Any contracts made for the purchase of this property will have to be made binding upon the City of Fontana, this to be worked out by your attorney, and I will be bound not to file any action for damages against the City of Fontana for the depreciation of values on my adjoining property. " SAN BERNARDINO ' S FINEST" City of Fontana Page 2 If the appraisal is made as I agreed, I am willing to go ahead, as your were promised, but I did not agree not to file an action against the City of Fontana if I found, by your location of the disposal plant, that it depressed values on the adjoining property. I shall await your reply at your convenience Very truly yours, C) gat CA' en s c---J apt AS'ffitte12- THE J H. JETER COMPANY REAL ESTATE �. ecurorslhi `I"j ‘�1 SALES EXCHANGES PROPERTY MANAGEMENT - LOANS - APPRAISALS fSTA>� TELEPHONE 3662 MARKET STREET 111 October 29, 1956 RIVERSIDE. CALIFORNIA ov-)0111 COPY COPY Doyle Miller, City Administrator City of Fontana Re: Appraisal City Hall Dale Gentry Fontana, California Property Dear Mr. Miller: In accordance with your request I have appraised the Dale Gentry property, consisting of about 76.57 acres, for the purpose .of determining its fair market value as of October 15r 1956. This property is located at the Southeast corner of Live Oak and Jurupa Avenues in the County of San Bernar- dino, California. I have carefully inspected this property and have made an investigation of sales and offerings in the area. By reason of this investigation and by virtue of my experience I am of the opinion that the market value of this property as of October 15, 1956, is: ONE HUNDRED THIRTY THOUSAND (8110.000.00) DOLLARS. This breaks down to a unit value of about $1700.00 per acre, (the more exact figure is $1698.00 per acre) . The appraisal report which will follow this letter will include a full description of the subject property, together with comparable sales data and an explanation of the manner in which the appraiser arrived at the market value of this property. Respectfully submitted, J . H . JETER J. H. Jeter, M. A. I. Appraiser JHJ:b FARM LOAN CORRESPONDENT FOR THE EQUITABLE LIFE ASSURANCE SOCIETY PHOTOGRAPHS LOOKING S . ACROSS SUBJ. LOCKING SE ACROSS SUBJ . •!' , ANVIT.1",44a. 40,101.t.,n1.7.11k r Nagamg , Whe-LM.t.rarlier:yRIONO.,,WSpe4.117,7777, PHOTOGRAPHS LOOKING S . ACROSS SUBJ. LOOKING SE ACROSS SUBJ. P'-TOTOGRAPHS LOOKING NE ACROSS SUB. LOOKING w . NEAR. JUHUPA PHOTOGRAPHS LOOKING NE ACROSS SUB. OOP& immippr LOOKING W. NEAR JUR UPA GENERAL OBSERVATIONS AND AREA DATA This area , in which subject property is located, extends from Slover Avenue at the North to Riverside Road and the County line at the South, and from Mulberry Avenue on the West to Citrus Avenue on the East. This area is approximately two miles by three miles in size . The zoning for the area is M-1, M-2, and a small portion at the East side which is zoned A-l. The land in Section 34 and parts of Section 27 of this area are farmed to grapes and miscellaneous crops, with portions of Section 35 and 26 lying idle , apparently awaiting indus- trial development , with Sections 36 and the Easterly portion of 25 being farmed to grapes . While there is no industrial development of any consequence in this area , this is probably its highest potential use . Kaiser Steel, Taylor Forge , and several smaller industries are located a mile or so North of this area . Mira Loma Quarter-Master Depot is located West of this area , and still further West is the Ontario International Airport , which is attracting industry to that general area . Electricity is available to all of this area and domestic water, either from the San Gabriel Water Company or from local wells in the area . Practically all of the sales that are being made in this area are to speculators who are buying this property on the assump- tion that industry will come into the area . At the present time there is no income to justify the prices being paid for this land . However, there are a sufficient number of sales made to speculators to establish a market value . Most of the properties purchased by these speculators are , in turn, put on the market at a higher price . There have been a number of resales in the last two years in this area , and these sales indicate a definite up-trend in prices. The properties in this area which have sold that are most comparable in size to the subject are Sales No. 6, 10 and 11. These properties are outlined in red on the Area Map. Subject property is shown on the Area Map shaded in orange . SUBJECT PROPERTY DATA Owner: J. Dale Gentry, San Bernardino, California . Location: Southeast corner of Live Oak and Jurupa Avenues, San Bernardino County, California . Legal Description: Parcel No. 1: That portion of Section 35, known and des- ignated as Lot B, Parcel #3 , Exhibit Al described as follows : Commencing at a point N 890 4R ' W, 1320 feet from the North- east corner of Section 35, Township 1 South Range 6 West , and running S 00 09' E, 522 .1 feet ; thence S 79° 16' 'vi, 1338. 5 feet ; thence N 710 0' W, 100 feet ; thence N 19° 0' E, 33 .4 feet ; thence by a curve to the left whose radius is 1959 . 5 feet and whose chord runs N 10° 41' E, 567.0 feet ; thence N 0° 57' E, 152 feet ; thence N 0° 7 ' E, 8.3 feet ; thence S 89° 48 ' E, 1289.8 feet to the point of beginning. Parcel No. 2: Commencing at a point S 49° 6' W, 1417.7 feet from the Northeast corner of Section 35 and running South 728.3 feet ; thence N 67° 14' W, 121.3 feet ; thence S 80° 20' W, 430.7 feet ; thence N 70° 53 ' W, 844.6 feet ; thence Northerly 664.7 feet , by a curve to the right whose radius is 423 .7 feet ; thence N 19° E, 100 feet ; thence 79° 16 ' E, 1332. 5 feet ; thence S 0° 9' E, 403 .9 feet ; thence S 89° 4R ' E, 246.1 feet, to the point of beginning . Parcel No. 3 : Commencing at an iron pipe S 0° 9 ' E, 932 feet , from the Northeast corner of Section 35 and running S 0° 9 ' E, 1315 feet ; thence N 57° 51' W, 400 feet ; thence N 76° 5' W, 400 feet ; thence N 42° 50' W 300 feet ; thence N 67° 14' W, 158.7 feet ; thence North 728.3 feet ; thence S 89° 48 ' E, 1073 .9 feet , to the point of beginning . Size: 76. 57 acres , more or less. Assessed Value : (1956) Land $2,930.00. `Lone : M-1 (Limited Manufacturing) . Property Description: This property is irregular in shape , and extends from Jurupa Avenue on the North to the foot of the hills at the South. A spur line of the Southern Pacific Railroad borders a portion of this property on the 'West. This land is rolling and has a small hummock or knoll near the Northeast corner. The land slopes generally toward the South, except for a small part at the foot of the hill near the South line , which tends to slope to the North. This soil is a fine sand on top, which is underlaid by a sandy loam. Only a limited number of crops can be produced on this type of soil. There is an irri- gation system on the property, and most of it has been and can be irrigated . Water has , in the past, been supplied by a well nearby or from water from the Fontana Union Water Company. A high-tension power line crosses a portion of this property. Electricity is available to this property. Highest and Best Use : The estimated highest and best use for this property is for industrial purposes . While there is no industry in the immediate area at the present time, this area is zoned M-1 and M-2. Most of the sales in the area are made to speculators who are gambling that industry will locate here . ESTIMATE OF VALUE This estimate of value is arrived at by the comparable sales or market data approach . The appraiser has inspected and analyzed a number of sales in the area of the subject. He has compared these sales with the subject, and in this manner largely, he has reached his conclusion of value . Details of these sales are shown in this report, under "Comparable Sales" . The following indicates the Sale Number, the size of the property sold, the per acre price at which it sold, the recording date and the resale if any or the price now asked if the property is offered for resale: Sale No. Acreage Acre Price Date Recorded For Sale Price 1 21.64 3 852 8/16/55 $3000 ac . 2 8.63 2143 8/10/56 3 10.00 975 7/14/55 4 9.5 1538 7/9 /56 5 10.00 1000 1/12/56 2500 ac . 6 61.63 1485 8/23/55 2500 ac. 7 10.00 1800 6/15/56 2200 resale 8 10 .00 2600 2/29/56 10 4o.00 1600 4/3 /56 2000 ac. 11 76.00 1660 7/18/56 13 10 .00 1500 6/20/56 $17153 2200 resale of No. 7 $19353 _ 12 = $1613 avg. ac . sale Sale No. 9 was eliminated from the above processing since the appraiser was unable to ascertain the correct selling price . Sale Nos. 12, 13 and 15 were eliminated as these sales took place in 1953 and 1954. The sales that took place that were most comparable to the subject in size, zoning etc . are Numbers 6, 10 and 11. The average acre sale price from these three is $1582. Sale Number 6 was made in 1955 and it is believed that its value has increased some since then. Parcels of property in the area comparable to the subject in size, can be purchased today from $1800 to $2200 per acre . These offerings certainly tend to set the ceiling of value . From the appraiser' s study of sales and offerings in the area, market trends etc . , and considering that the subject has spur trackage that comparables do not, but also con- idering the lay of the land of subject is not as desirable assome of the comparables and also considering that it is ESTIMATE OF VALUE encumbered with an easement for high tension power line, which limits the use of a portion of the property, the appraiser estimates the value of the subject to be about $1700 per acre . 76.57 acres x $1700 = $130, 169 estimated value . The rounded value of the subject property is ONE HUNDRED AND THIRTY THOUSAND DOLLARS - (G$130, 000) COMPARABLE SALES DATA No. 1 Location: All of Farm Lot 1064 of Semi-Tropic Land and Water Company. Size: 21.64 acres . Assessed Value : Land $4, 520.00, Improvements $2,170.00. Buyers : Petar and Vladimir Sliskovich. Sales Data : Deed recorded Aug . 15, 1955; I.R.S. $20.30; Indicated sale price $18,455.00; Sale price verified by Mr. Alcorn, Realtor , on 9/14/56. According to Mr . Alcorn, this property is offered for sale at the present time at $3 ,000.00 per acre . Unit Sale Price : $852.00 per acre . No. 2 Location: The West 8.63 acres of the East 16. 59 acres of Farm Lot 1056, Semi-Tropic Land and Water Company. Size : 8.63 acres . Assessed Value : Land $1,810.00. Buyers : Charles S . and Ethel J. Gallion. Sales Data : Deed recorded Aug . 10, 1956; I .R.S. $13 .75; Subject to T .D. of record for $6,000.00; Indicated sale price $18 , 500.00. Unit Sale Price : $2,143 .00 per acre . No. 3 Location: The West one-half (+) of Lot 1058, Semi Tropic Land and Water Company. Size: 10 acres . Assessed Value : Land $2,000.00, Improvements S380.00. Buyers : Edwin N. and Mildred H. Rusher . Sales Data : Deed recorded 7/14/55; I .R .S . $3 .85; Assumed a T.D. in the amount of $6,250.00; Indicated sale price $9,750.00. Unit Sale Price: S975.00 per acre. No. 4 Location: The East one-half O of Farm Lot 1058, Semi-Tropic Land and Water Company, excepting therefrom the South 135 feet of the East 175 feet . Size: 9 - acres , more or less . Assessed Value : Land $2,000.00, Improvements $$1,450.00. Buyers : Charles S. and Ethel Joan Gallion. Sales Data : I.R.S . " 8.25• Assumed T .D. of $7, 500.00; Indicated sale price 814,600.00. Unit Sale Price : $1, 538.00 per acre. COMPARABLE SALES DATA (Continued) No. 5 Location: The East one-half (4) of Farm Lot 1063 , Semi- Tropic Land and Water Company. Size: 10 acres approximately. Assessed Value : Land $2,000.00, Improvements $530.00. Buyers : Frank and Helen Fiorello. Sales Data : Deed recorded Jan. 12, 1956 ; I.R.S . $11.00; Indicated sale price p10,000.00; Sale price verified by J. T . Jun, Selling Agent , on 9/15/56. Property is now being offered for sale for $2,500.00 per acre , according to Mr. Jun. Unit Sale Price: A1,000.00 per acre. No. 6 Location: Lots 969, 1061 and 1068 of Semi-Tropic Land and Water Company. Size : 61.63 acres , exclusive of streets . Assessed Value: Land $8, 560.00, Improvements $2, 500.00. Buyers : William L. and Jennie Epler . Sales Data : Deed recorded 8/23/55; I.R .S . $100.65; Indicated sale price $91, 500.00; Sale price verified by Mr. Alcorn, Realtor , on 9/14/56 ; He states that the prop- erty is offered for resale at $2, 500.00 per acre . Unit Sale Price : $1,485.00 per acre . No. 7 Location: The West 10 acres of Farm Lot 970, Semi-Tropic Land and Water Company. Size : 10 acres . Assessed Value : Land $1,970.00. Buyer: L. Sedlachek. Sales Data : I.R .S . $12.10; Property purchased subject to T . D. of $7,000.00; Indicated sale price $18 ,000.00; Sale price verified by Mr. Alcorn, Realtor , on 9/14/56; Alcorn states that this property has just been resold at $2,200.00 per acre (Is in escrow) . Unit Sale Price : $1,800.00 per acre. No. 8 Location: The South one-half (+) of Farm Lot 967, Semi- Tropic Land and Water Company. Size : 10 acres . Buyer,: Virginia Smith Stark. Sales Data : Deed recorded February 29, 1956; I.R.S . $28.60; Indicated sale price $26,000.00. Assessed Value : Land S1,890.00. Unit Sale Price : $2,600.00 per acre . COMPARABLE SALES DATA (Continued) No. 9 Location: The North one-half (1) of Farm Lot 967, Semi- Tropic Land and Water Company. Size : 10 acres. Assessed Value : Land $1,890.00. Buyers : G. Roger and Caroline J. Smith. Sales Data : Deed recorded May 17, 1955; I.R .S . None. No. 10 Location: The Southeast quarter (SE*) of the Northeast quarter (NE*) of Section 34, Township 1 South, Range 6 West , San Bernardino Base and Meridian. Size: 40 acres. Assessed Value : Land $3 ,340.00, Improvements $1,670.00. Buyers : N. A. and Rose J. Trigani, B. C. and Sylvia 0. Gerig , Joseph A . and Helen T. Denunzio, and Vito and Rosie Garofalo. Sales Data : Deed recorded Apr. 3 , 1956, I.R . S . $70.40; Indicated sale price •$64,000.00; Sale price verified by one of the owners , Denunzio, on 9/17/56. Unit Sale Price : $1,600.00 per acre . No. 11 Location: Lots 1, 2, 3 , 4, 17, 18 , 19, 20, 21, 22, 23, 24, 49, 50, 51 and 52, Tract # 2152. Size: 76 acres , more or less. Buyers : Max J. Ruderian and Louis F. Berke. Sales Data : Deed recorded July 18 , 1956; I.R .S . $138.60; Indicated sale price $126,000.00; Sale price verified by Max J. Ruderian on 10/27/56. Unit Sale Price : $1,650.00 per acre . No. 12 Location: Farm Lots 869, 870, and 972, Semi-Tropic Land and Water Company. Size : 71.89 acres. Assessed Value : Land $19,010.00, Improvements $8,900.00. Buyers : Edwin F. and Ruth E. Lingo. Sales Data : I .R .S. $22.00; purchaser assumed existing Trust Deeds of record ; Ray Alcorn, Realtor, said sale price was $2,000.00 per acre . This land is all in well-kept citrus grove. COMPARABLE SALES DATA (Continued) No. 13 Location: The West one-half (?) of Farm Lot 866 of Semi-Tropic Land and Water Company. Size : 10 acres . Assessed Value : Land S2,000.00, Improvements $1,420.00. Buyers : Florence E. Mayor and Virginia R. Moseley. Sales Data : Deed recorded June 20, 1956; I .R .S . $16. 50; Indicated sale price $15,000.00: Unit Sale Price : 61, 500.00 per acre . No. 14 Location: All of Farm Lot 872, Semi-Tropic Land and Water Company, excepting therefrom the West 346 feet and except the East 384.78 feet . Size : 10 acres , more or less . Assessed Value : Land $. 2,130.00, Improvements $2,380.00. Buyers : John G. and Elizabeth S . Powell. Sales Data : Deed recorded April 3, 1953 ; I .R.S . $6.05; Indicated sale price $5, 500.00. Unit Sale Price : $550.00 per acre . No. 15 Location: Farm Lot 865, Semi-Tropic Land and Water Company, excepting therefrom the Northeast corner of said lot (165 feet X 330 feet) . Size : 19 acres , more or less . Assessed Value : Land 83 ,780.00, No improvements . Buyer: Rosalie S . Jacoby. Sales Data : Deed recorded Aug . 13 , 1954; ' I .R.S. $33 .00; Indicated sale price $30,000.00. Unit Sale Price : $1, 579.00 per acre . CONTINGENT AND LIMITING CONDITIONS This appraisal is made with the following understanding: 1 - That title to this property is good and merchantable . 2 - That any maps and information supplied with the ap- praisal request are assumed to be correct, that all information gathered from the County Records or from personnel in any County or City Offices is assumed to be correct. 3 - That no survey has been made to determine the exact property lines. 4 - The appraiser assumes no responsibility for matters of a legal nature. CERTIFICATION I hereby certify that I have no present or intended future interest in the property being appraised. That the fee for making this investigation and the prep- aration of this report is in no way contingent on the value reported nor is it contingent upon anything other than the delivery of the report. That the information contained in this report has been gathered from sources that are believed to be reliable and where possible, this information has been further verified. While the appraiser in no way guarantees this information, to the best of his knowledge and belief, it is correct. Dated October 29, 1956. J- H Ve y A. I. Appraiser QUALIFICATIONS OF THE APPRAISER For the past twenty five years I have engaged in selling real estate in Southern California. For the last seventeen years I have actively engaged in the appraisal of real estate. I am Farm Loan Correspondent for the Equitable Life Assurance Society for Riverside County. Member: American Institute of Real Estate Appraisers Riverside Society of Appraisers American Right of Way Association Riverside Board of Realtors California Real Estate Association National Association of Real Estate Boards National Institute of Real Estate Brokers Offices Held: President of Riverside Board of Realtors 1938 and' 1944 Chairman Multiple Listing Division in 1945 Chairman of Riverside Society of Appraisers in 1950 Served several years as Chairman of the Appraisal Committee of the Riverside Board of Realtors. In addition to the numerous appraisals made for individuals and attorneys in the last seventeen years, I list below a few of the Organizations for whom I have appraised: City of Riverside - appraised all types of property County of Riverside - largely acreage and farm land County Flood Control - acquisition of easements Division of Highways - condemnation appraisals City of Redlands - two blocks of business property California Electric Power Co. - right of way appraisals Standard Oil Co. - service station sites Food Machinery & Chemical Corp. - industrial property General Mills Inc . - ranch property City of Fontana - commercial parking lots Riverside Chamber of Commerce - industrial acreage Have appraised a number of school properties in both Riverside and San Bernardino Counties. Have qualified in court as an expert on value . r m 4. 4-1-1. )Je"tei; M. A. I. Appraiser _ :.., ,. - ti .. • - —R- 3.. .T IP— #.ram.. 1-5. ,.wr+.rrw.sw.Ma- ...-..t:,rAi-rTx-re � - -w _..1 q Iril "4"."' 1 _'i.�r 7 0 vli H 3 U) ---1 Cl)H W U 0 CO Pi Q H N t,' EI 0 W H 0 u1 1 • cv ' c 0 C Z .� V K M >4 W a a A • 1-3 • Q. NVI z I H `--a \ .. I W \ .• a U J MEMORANDUM REGARDING $e1ER PLANT SITE NovciwgR 7, 1956 1 WITH RESPECT TO THE fEJ PLANT SITE IS FONTANA, IT IS $LGES4ARY AT THIS TUE TRAY WE ACQUIRE SUCH A UT6. THE nOIHEC.RD WOULD LIKE TO RAVE APPEOXI1IATELY 75 ACRES, BUY AT THIS TIRE CAN arc BY 19ITO 30 ACRES, TSe AMOUNT OF MONEY AVAILABLE IN THE BONO ISSUE FOR THIS IS y O,000.0G AIdD�PEiR— HAPS THE CITY COULD CONTRIBUTE AN AOUIYIOHAL W0,000.00 3EYorj5 THAT. IT APPEARS FINANCIALLY UNWORKAEDLE FOR THE CITY TO PAY MORE EYRN IF THE PAYMENTS ARE D:IQRBICO EVEN OVER A PERIOD 4P THREE TO FIVE YEARS. THERE ARE UNDER CONUIGERATION SEVERAL POSaICLE SITES, NAMELY* I. I. THE Gunny PROPERTY 3CUTN or JURUPA. CAST OF LIVE OAK. Mn.i GENTRY WILL ONLY SELL ALL OF THIS PROPERTY WHICH COMPRISES APPROXIMATELY 76 ACRES JOR AN ESTIMATED TOTAL PRICE OF 090,000,00. THE ONLY P05.IQILITY FOR THE City RIYH REsPEOT TO THIS LAND 110T0 INSTITUTE CONDEMNATION PROCEEDINGS FOR 36 ACRES. THE SUOJIDIARY QurxoTIJNB OF BOND IS4UANCE ANO Tit4E DELAY BECAUSE OF CONDEMNATION ARE 041NG INVE.4TICATED 2. ;THE 17ADOYICH PROPERTY SOUTH OF JuUUPA ANO WEST OF LIVEIOAK WAS ONCE AVAILABLE APPARENTLY FOR A PRICE in THU NEIGHBORHOOD OF $60,0OO.0p WOULD IT OE POSSIBLE TO CCNDCJIN A RIGHT OF WAY AORO3S Filg PABLIUSO AND GENTRY PROPERTIES TR TOE I+IAOOVICH PROPERTY AND ELIMINATE A COSTLY PIPIT EISTSWSION ARP I?ISTALL TOE SEWER PLANT ON TRAY SITE WITHIN TUC ROttNEY AVAILABLE. 3, WOULD IT OE POSSIBLE TO GET APPROXIMATELY 30 ACRES OR T►IEReAaoUTS FROM TKE ROES CAMPBELL COMPANY OF TH21R HOLOIRCS OF THE OLD FONTANA ROO FARM Qt THE wain ENO OF THEIR HOLDINGS WHICH COMPRISE IR Ii,XCE53 of 400 ACRES ON A OEM. WHICH tiauLD cm TO ROSS CARPSEL.. COMPANY OR THEIR GRANTEES THE RIGHT TO USE THE some PLANT TO THE EXTENT THAT THE CITY WAS AQIE TO HANDLE GUOI4 QtWAOE. ANY OTHER SITES WITHIN Tilt MOREY AND AT A LOCATION ACCSPTAaLE TO ALL coucam4l0 HENRY F, fAQETt OPINION 'OF COUNTY COUNSEL RE SEWER SITE HONORABLE CITY COUNCIL OF THE CITY OF FONTANA CITY HALL FONTANA, CALIFORNIA GENTLEMEN; WE UNDERSTAND THAT THE CITY OF FONTANA HAS ENTERED INTO AN AGREEMENT TO PURCHASE APPROXIMATELY 76 ACRES AS A SITE FOR A SEWAGE TREATMENT PLANT TO BE CONSTRUCTED FROM THE PROCEEDS OF THE FONTANA SEWER REVENUE BONDS, 1956. SAID LAND IS DESCRIBED AS FOLLOWS; PARCEL NO. I. THAT PORTION OF SECTION 35 KNOWN AND DESIGNATED AS LOT 8, PARCEL No. 3 EXHIBIT NA", DESCRIBED AS FOLLOWS; COMMENCING AT A POINT NORTH 89 DEGREES 46 MINUTES WEST, 1320 FEET FROM THE NORTHEAST CORNER OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 6 WEST, AND RUNNING SOUTH 0 MINUTES 09 DEGREES EAST, 528.1 FEET; THENCE SOUTH 79 DEGREEs '16 MINUTES WEST, 1338.5 FEET; THENCE NORTH'71 DEGREES 00 MINUTES WEST, 100 FEET; THENCE 'NORTH 19 DEGREES 00 MINUTES EAST 33.4 FEET; THENCE DY A CURVE TO LEFT WHOSE RADIUS IS 1959.9 FEET AND WHOSE CHORD RUNS NORTH 10 DEGREES 41 MINUTES EAST, 567.0 FEET; THENCE NORTH C DEGREES 57 MINUTES EAST, 152 FEET; THENCE NORTH 0 DEGREES 07 MINUTES EAST 8.3 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES EAST, 1239.3 FEET TO THE POINT OF BEGINNING, PARCEL NO, G. COMMENCING AT A POINT SOUTH 49 DEGREES 05 MINUTES WEST, 1417.7 FEET FROM THE NORTHEAST CORNER OF SECTION 35 AND RUNNING SOUTH 728.3 FEET; THENCE NORTH 67 'DEGREES 14 MINUTES WEST, 121 .3 FEET; THENCE SOUTH 60 DEGREES 20 MINUTES WEST 430.7 FEET; THENCE NORTH 70 DEGREES 53 MINUTES WEST, 844.6 FEET; THENCE NORTHERLY &4.71FEET BY A CURVE TO THE RIGHT WHOSE RADIUS IS 423.7 FEET; THENCE NORTH 19 DEGREES EAST, 100 FEET; THENCE 79 DEGREES 16 MINUTES EAST, 1338.5 FEET; THENCE SOUTH 0 DEGREES 09 MINUTES EAST, 4403.9 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES EAST, 246.1 FEET TO THE POINT 9F OEGIHNING, PARCEL No. 3. COMMENCING AT AN IRON PIPE SOUTH 0 CEGREES 9 MINUTES EAST, 932 FEET, ,FROM THE NORTHEAST CORNER OF SECTION 35 AND RUNNING SC'UTH 0 DEGREES 9 MINUTES EAST 1315 FEET; THENCE NORTH 57 ,DEGREE4- 51 MINUTES WEDT,. 400 FEET; THENCE NORTH 76 DEGREES705 MINUTES WEST, 400 FELT; THENCE NORTH 42 DEGREES 50 MINUTES ItEST, 300 FEET; THENCE NORTH 67 DEGREES 14 MINUTES WEST, 150.7 FEET;` THENCE NORTH 728.3 FEET; THENCE. SOUTH .89 DEGREES 48 MINUTES-EAST, 1073.9 FEET TO THE POINT OF ZEGINNIuG., SAID SEWAGE TREATMENT PLANT SITE IS LOCATED IN THE COUNTY OF SAN BERNARDINO AND UNDER PRESENT COUNTY ZONING MAY SE USED FOR A SEWER TREATMENT PLANT. THE COUNTY PLANNING COMMISSION HAS HELD A PUBLIC HEARING ON THE USE OF SAID LAND FOR A SEWAGE TREATMENT PLANT AND HAS APPROVED THE SAME AND SAID DETERMINATION HAS BECOME FINAL. IT IS, THEREFORE' OUR OPINION THAT SAID PROPERTY MAY BE USED AS THE SITE FOR SAID SEWAGE TREATMENT PLANT. RESPECTFULLY YOURS' • F OPINION OF CITY ATTORNEY RE SEWER SITE To GROSS. ROGERS & CO. AND U/MELVENY. h MYERS: GENTLEMEN: THE CITY OF FONTANA HAS ENTERED INTO AGREEMENTS TO PURCHASE FROM J. DALE GENTRY APPROXIMATELY 76 ACRES AS A SITE FOR ITS SEWAGE TREATMENT PLANT. ONE AGREEMENT FOR TIIE PURCHASE OF LAND AFFECTS THE FOLLOWING DESCRIBED REAL PROPERTY* THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST I/4 OF SEECTIOH 35. TOWNSHIP I SOUTH, '3AN,9E6 tEST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS; BEGINNING AT A POINT IN THE EAST LINE OF SAID SECTION 35, WHICH POINT IS SOUTH OD '091 EAST 932 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 35; THENCE CONTINUING SOUTH 00, 091 EAST. ALONG SAID LAST LINE 1315 FEET; THENCE NORTHt570 .rill WEST400 FEET; THENCE NORTH 760 051 WEST 400 FEET; THENCE' NORTH 40 501 WEST 300 FEET;THENCE NORTH 670 141 WEST 289 FEET; THENCE SOUTH OO° 201 WEST 125.7 FEET WORE OR LESS TO THE INTERSECTION OF TIIE ?RO= LONQATION OF THE, WEST LINE OF THE 'NARGARET PAGLIUSO PROPERTY AS DESCRIBED IN DEED RECORDED IN BOOK 14511RAG6- 449. OFFICIAL RECORD* OF 3AN BERNAROIND ,. COUNTY. CALIFORNIA; THENCE, M ONG SAID PROLONGATION OF SAID Lime NORTH 00 091 WEST , ST 703.3 FEET MORE OR lEa�,��,TO THE SOUTHWEST CORNER OF THE PROPERTY DESCRIBED IN THE DEED TO ,THE SOUTHERN '-CALIFORNIA EDISON COMPANY AS RECORDEO' IN BOOK 2985 PAGE 462. OFFICIAL RECORDS OF SAID COUNTY; THENCE ALON6 .THE SOUTH LINE OF THE SOUTHERN CALIFORNIA EDISON COMPANY PROPERTY SOUTH 39 4a1 EAST 1315.31 FEET MORE OR LESS TO THE POINT OF BEGINNING AND CONTAINING 2945 ACRES OF LAND MORE OR LESS. THE OTHER AGREEMENT FOR THE PURCHASE OF SAID LAND AFFECTS THE FOLLOWING DESCRIBED REAL PROPERTYI THAT PORTION CF SECTION 35, TOWNSHIP I SOUTH. RANGE 6 WEST DESCRIBED AS FOLLOWSI BEGINNING AT A POINT NORTH 690 481 WEST 132U FEET FROM THE%NORTHEAST -COR— NER OF SAID SECTION 35, THENCE SOUTH 00 91 EAST 1635.33 FEET MORE OR LEss, TO THE ' OUTHERLY BOUNDARY OF THAT PROPERTY DESCRIBED IN THE DEED TO iJ. DALE GENTRY AS RECORDED IN BOOK 1486 PAGE 25 OF OFFICIAL RECOR0s OF SAN BERNARDINO COUNTY; SAID POINT OEING THE SOUTHWEST` CORNER of THAT 'PROPERTY AS;OESCRIDED IN SEPARATE AGREEMENT BETWEEN THE CITY OF FONTANA'' AND J. I DALE- GENTRY. AND CONTAINING 29.5 ACRES OF LAND MORE OR LESS; THENCE SOUTH BOCI 201 WEST 305 FEET; THENCE NORTH 700 531' WEST 844.E FEET; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE TO THE RIGHT WITH A RADIUS OF 423.7 FEET A LIST_ANCE OF 664.7 FEET; THENCE NORTH 190 01 EAST 100 FEET; THENCE NORTH 710 D1 {!JEST100 FEET; THENCE NORTH 19° 01 EAST 33.4 FEET; THENCE ALONG A CURVE CONCAVE TO THE LEFT WITH A RADIUS OF 1959.9 FEET AND ALONG THE LONG CHORD OF SAID CURVE WHICH BEARS NORTH 100 411 EAST 567 FEET; THENCE NORTH 00 571 EAST 152 FEET; THENCE NORTH 0° 71 EAST 6.3 FEST; THENCE SOUTH 890 481 EAST ,289.E FEET TO THE POINT OF BEGINNING, CONTAINING 47.07 ACRES OF LAND MORE OR LESS. IN MY OPINION, EACH CONTRACT IS SEPARATE ONE FROM THE OTHER. AN ESCROW SAS SEEN OPENED AT BANK OF AMERICA, FONTANA, CALIFORNIA, ON NOVEMBER 21 , 1956, FOR THE PURCHASE OF THE FIRST ABOVE DESCRIBED PARCEL OF REAL PROPERTY WHICH CONTAINS APPROXIMATELY 29.5 ACRES. EXCEPT FOR THE CITY PAYING INTO SAID ESCROW THE PURCHASE PRICE OF SAID LAND, ALL CONDITIONS OF SAID ESCROW HAVE BEEN OR CAN BE PERFORMED. UPON PAYMENT INTO SAID ESCROW OF $72,500.00, THE CITY WILL BE ENTITLED TO RECEIVE UNCONDITIONAL FEE TITLE TO APPROXIMATELY 29.5 ACRES OF SAID LAND FIRST ABOVE DESCRIBED. SAID SEWAGE TREATMENT PLANT SITE IS LOCATED IN TUE COUNTY OF CAN BERNARDINO AND UNDER PRESENT 'COUNTY ZONING MAY BE :USED FOR A SEWER TREATMENT PLANT. THE County PLANNING COMMISSION HAS HELD A PUBLIC HEAk$.NG ON THE USE OF SAID LAND FOR A SEWAGE TREATMENT PLANT AND HAS APPROVED THE SAME AND SAID DETERMINATION HAS BECOME FINAL. IT IS, THEREFORE, MY OPINION THAT SAID PROPERTY. MAY BE USED AS THE SITE FCR THE SAID SEWAGE TREATMENT PLANT. VERY TRULY YOURS, PP H t F. vy It:. 1 E. 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N xn.O ` ` _ r O a a b ] C 74-a t TA 74 ° v- o Fwt � O --u bsrtict � aC ° � � FA -11 H a 0�' a , z va 0 ¢s9 .5x o -2bQ / vilas °pcZb = q >g o I • Ow o A" 0 7F �� J '¢ O El F UT. O i W EOyli _E 1 H 'av y r rcOQzwEab� � oww ' - u q O b e E eo.ptl ', dEv Nd It -0 Li 0 ° '" o '� Q T(- ,�` . > w O m E 701 1 Goy a CI a � Ca Q Q' O O a P. 2w � p ' ) , V . . . . . . v d rvbo , oAOFU V0 v m tl v x ai QN O es.; NF.G E'P III 4 fW EH Cby ° WFo - W u { ,a t cn Z aOUl 0 " m ❑ r Q ❑ Fzo kf)= _ a =LL6w, r o _ _ 2oC _ ESCROW INSTRUCTIONS (REAL ESTATE TRANSACTION) 1 To tank of America Escrow No - 2ta s291 rawrloRy ,,l a ,,,„ g ASSOCIATION Jennie Gran. "1 t)Fortw']ra3_ __ _ _ r__ _.____ - .-Escrow Officer - Branch ' Fontana x „ . , , _ , California •• ,November 9 , 19 56 i , In consideraru^r jo your acting as escrow holder herein, it is agreed that you shall in no case or event be liable for forgenes_or false personations in tonnecnon with these instructions, instruments of record, or those handled in this escrow It is further agreed that if any controversy arises between the parties hereto or with any third person, you shall not be required to determine the same or take any action in the premises, but you may await the settlement of any such controversy by final appropriate legal proceedings or othensise as you may require, notwithstanding anything in the following instructions to the contrary and in-such event you shall not he liable for interest or damage 6 I lain hand you ei,150.00 and will deliver to you any notes, instruments and additional funds required from inc to enable you to comply with these instructions, all of sshlch you are authorized and instructed ito-use and deliver provided instruments have been filed for record entitling volt to procure assurance of title in the form of a OWnerle _ Policy of Title Insurance issued by I LAND TULE INCUR/MCC comm. — - - in its usual form, with a liability of $ 6.920.00 covering property in the County of San Bornard1no State of California, as per map recorded in Book , U , Page 12 of .QPficial Records of said County tlescrdledta follows tt� .. , \ _ •\ ` r -r r .p ^ x ^ yl i The IAAst. 165,•ieet of.:the soot 1a95;fest of harm Lot 55711-Scmmi.Tronic land end t ter Co=Many.: Areas and distancea..eomp+ ted to street centers. - shnwm: tie�esteri`I .C5,4 STY OF FrttiTA,NA; a Municipal Corporation in the State.of Californias ,,az. to-en -u Jvided lf6th interests-end,BANK OP MS1 ICA, NT L SA, as Trusted, ant to ea undivided 'A'6tha, roe .t ,, o subject tit' (1) none General anid Special taxes for the fiscal year 19 56 19 57 y, INCLUDING AN\ SPECIAL DISTRICT LEVIES, PAYMENTS FOR WHICH ARE INCLUDED THEREIN AND COLLECTED THEREWITH h.-. ,. to L ,. :_p 7 1 it ,, ' . 1 t,r; L: o Iq.. Bon(2) Assessments and ds, not delinquent, unpaid balance ADDS — ,, A r „ v. t )I (1) Any covenants, conditions, restrictions, reservations, rights, rights of way and easements of record, or in deed to file. (4) Mortgage —Deed of Trust securing an indebtedness of $none,_- , _ ___ -, as_per Its terms, now_of record, unpaid balance ol_ principal $ none_ - - ' _ ' (5) Mortgage—Deed of Trust on —` form,executed by T R , t t Sf 4 i.1 . :, t';' it'tlt('t I . 'L14.t, I r 4 CI I. ' none securing,. 5, b, Note,f'a) $ s , ;.r 41 , t ♦in favor of ,• _, 4t) 0.L a t r aeurr teeelaeq p) .,p r ,t t 1 1 I -APItr rnl'nl6 Io cc,: II. 4' , .. 1• .,e, 'r r Ir- r •- -v ta I a r I dated due (if straight note) - years after date,with interest at per cent per annum,from payable at , principal and interest due and payable in instalments of $ none OR MORE, each on the day of every month, beginning This escrow is subject to and contingent upon the acceptance of that certain Agreement between sellers and buyers herein, also the Sgpplemental Trust Agreement, of which Escrow fielders is not to be concerned.. I 4An' ' 1 L r I .44 ;eA 1. • y 1 ... 1 It, t 'V. I_ , t n. I t I 55 - n—,..,t 11: 4 S p,nC , r ..... 1 11 ., .0 , •. _, IP li, l r'.L}W,tit. . '1. 1, l II I I y Ut f ,I I. , -_U 4 L. . l4'414r53.4 Cb<I r'1,t' -too (-I,f , 1 .t.. ,1,, 1 :1 l VI n I , , 1 ♦ ,..y l bJ it ccloI s I,Ili^•. r .. b , O r , v t . ., I , I I.I. •tet4 unlit. •tire m f, ` The following adjustments ONLY are required'in this escrow , 5 I ,cv Lint•. Adjust tames cc of close of Secrete. r tn. -n .i, bo;::.lee 40 l .t I , ,1) , "" '4Li2 t- hp tp ,- I 4.14 'u:nitt r 1 . to p. c,. l'r' o , 2 - . ' -t - a,IW' CV. I iR. ,nq tall<jft C. , r' t •, • . I TL'•I 1 :. 1 '. 1 I : „ , .♦ n ; ` , Ion tUi.•c1011 I (era V L. I , I. I _ r c t I 1 Yo, j .0 1 TRU-245 10.55 Unless otherwise provided make all adjustments on basis of 30-day month, based on latest available figures in case of Taxes and Assessments or Bonds, principal and interest on encumbrances of record based on statements by Mortgagees or holders of notes for collection, interest on new encum- brances by endorsement on notes, and rents on basis of statement approved by me. Assume that insurance premiums are paid and transfer on behalf of parties hereto any fire insurance policies as handed you. Forward such policies, upon close of escrow, to agent with the request that insurer consent to such transfer or attach Loss Payable or Mortgagee a Clause or other additions nr corrections, and that agent thereafter forward such policies to parties entitled thereto: - : t. The expression ';close of escrow" if written in these instructions shall mean the date instruments are filed for record or registration 'You are to cause no examination or report to he made on state,county or city taxes,either real or personal, nr state corporation taxes for the year stated in paragraph (11 above prior to date first instalment payments are due and payable, and you are to order no special tax report except as herein otherwise specifically instructed. It is understood that all disbursements shall be made to parties in interest,by your remittance and that remittance and instruments will be mailed to one of the parties entitled thereto, if more than one, to address given below. Instruct County Recorder to mail instruments in the same manner. Deliver Title Policy to sank of America, As Trustee, with copy to buyers Preps re j]one from - I will pay on demand, regardless of the consummation of this escrow, all charges incurred by you for me, including fee for preparing instruments I execute,fee for recordingQrent Deed and 1/2 , your total escrow fee and 7 , r ' : t . ' Or s' „ • , - .., - i — i a1 ,I , • r 195 r If you are unable to comply with these instructions on or prior to December 9, 1956 you will comply as soon thereafter as possible unless a written demand for return of money, or instruments by a party to this escrow is received by you subsequent to such date and prior to the recording of any instrument provided for herein. UT1 OP P'0i TABia CM. OF FONTANA Signature Art .~ Signature bys I Milton W. Leetsam, Mayor gorge W. Yierra, City Clerk i Address rolapa, Cm li r. • Address 8orttagn, fig 3'64., Telephone * Telephone fit. -tf, • u , tt"1, i' , •I' ' a' 5 fo p i -- __F- - _ -_. i The foregoing instructions andcondmons are hereby. ;{iproved and accepted in [heir entirety and concilired in-by',ne. I willsTpplp yuii wr[IS ... 11 hands, notes and instruments required from me to enable youu complyQ with the instructions, which you are authorized to use and deliver provided you hold for my account any instruments accruing to me and the sum of $ 115%.00 I „c , • , n't"'(. I "WI. 'I 4 , I t I',, ' ,,-- Order search of title at once Deduct all my expenses from funds accruing to me I will pay, on demand„regardless of the consummation oP this•.., • .escrow all.chargeslincurred by'you for me (except those other-party has agreed to pay), including g 1 p_ R ,, title Char e, fee for xe ' instruments I execute; yotir, ]!2 LQ`tait * ?escrow fee ands' ,t' - - 'f !^ t. • t repare ep 'P Di3cd - < 1 jct.) ;.from John SC_ Cobb and Basel C. Cobb, husbl nd and .idle Attach Internal Revenue,Stampsan.the amounttof.$.747Q- -r , to Deed I exectite. _ ' i " " Tr I Pay Commission of'$ 300.00 to Merrill Realty Co.,. 16755 ' rri ll Ave, Pentane License No. n/� Tl►Cl►1i. , •, , Make fnllowing,disposition of proceeds,due inlet. .-• I. Credit+-Say account . r of- c - at your Branch. a I tI n L 2.• Mail Check toque at ' RAt4113•RR halal. ' _g - I r m• .r s I v t , , e, , , , ,. , t! r , e I u: , -tin rp I, t, , Signature Signature John S. Cobb i Kesel C. Cobb Address Ate. i Address eon - Culbereon,-North-Cerolini 4 Telephone Telephone vs t ' Si 1 ' ' I a A / ./ < �> A CAN 'P fl J :u DIl]0 COUNTY \� PL IliG CO, S dICN V \ I 242 Third Street San Bernardino, California November 14, 1956 City of Fontana c/o Doyle hiller City Administrator 16989 Upland Ave. Fontana, Calif. This is to advise you of the action of the County Planning Commission on your application for approval of the location and development plan :elating to your request to establish a sewage treatment plant on property described as Ptn. Sec. 35, known and designated as Lot B, Eibit A as described on the attached sheet, T1S, R6W XXX „ppr'oved Denied Conditions of approval or reasons for denial: 1.Subject to clearance of final plot plan 2.Subject to clearance by Regional Water Pollution Control Board #8 NOTE: The following are part and condition of the action of the Planning Commis— sion on tais ap1,licLtion, unless othJrvrise spucified by them: 1. This ebtion of the Planning Commission is subject to appeal for a period of 10 days after receipt of this notice. 2. The permit grunted in an approving action by the Planning Commission does not constitute a valid permit until all conditions of approval have been met. No operations nay b:;Lin until all such conditions are complied with. 3. An approval is effective for a period of 180 days from the date the Planning Commission acts on the application. Failure to utilize the use privilege gr..nted by the Planning Commission within this period of 180 days automatically terminates the permit < t the end of t_:e 1L.0 days. COUNTY PLATIING COEi..ISSION 7-(1. -------- /CZ77 ( Y ±Robert A. Covin„ton Director of Planning RAC cc: Health Dept. Water Pollution Cnntrol Bd. ' ,✓:y.aw. .K . -u ....- . ... . -•r�-tirTh€a - .. _'i��.r�.r.: .-. ievcoa ..:+itv-:`�:�aa . . ws-.-nK :id t(.41 b srw • PARCEL No. I• THAT PORTION OF SECTION 35 KNOWN AND DESIGNATED AS LOT S', PARCEL No. 3, EXHIBIT "A", DESCRIBED AS FOLLOWS: COMMENCING AT A POINT NORTH 89 DEGREES 48 MINUTES WEST, 1320 FEET FROM THE NORTHEAST CORNER OF SECTION 35, TOWNSHIP I SOUTH, RANGE 6 WEST, AND RUNNING SOUTH 0 MINUTES 09 DEGREES EAST, 528.1 FEET; THENCE SOUTH 79 DECREES 16 MINUTES WEST, 1338.5 FEET; THENCE NORTH 71 DEGREES 00 MINUTES WEST, 100 FEET; THENCE NORTH 19 DEGREES 00 MINUTES EAST 33.4 FEET; THENCE BY A CURVE TO LEFT WHOSE RADIUS Is 1959.9 FEET AND WHOSE CHORD RUNS NORTH 10 DEGREES 41 MINUTES EAST, 567.0 FEET; THENCE NORTH 0 DEGREES 57 MINUTES EAST, 152 FEET; THENCE NORTH 0 DEGREES 07 MINUTES EAST 8.3 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES EAST, 1289.8 FEET TO THE POINT OF BEGINNING. PARCEL No. 2. COMMENCING AT A POINT SOUTH 49 DECREES 06 MINUTES WEST, 1417.7 FEET FROM THE NORTHEAST CORNER OF SECTION 35 AND RUNNING SOUTN 728.3 FEET; THENCE NORTH 67 DEGREES 14 MINUTES WEST, 121.3 FEET; THENCE SOUTH 80 DEGREES 20 MINUTES WEST 430.7 FEET; THENCE NORTH 70 DEGREES 53 MINUTES WEST, 844.6 FEET; THENCE NORTH— ERLY 664.7 FEET BY A CURVE TO THE RIGHT WHOSE RADIUS IS 423.7 FEET; THENCE NORTH 19 DEGREES EAST, I00 FEET; THENCE 79 DEGREES 16 MINUTES EAST, 1338.5 FEET; THENCE SOUTH 0 DEGREES 09 MINUTES EAST, 403.9 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES EAST, 246.1 FEET TO THE POINT OF BEGINNING. PARCEL NO. 3. COMMENCING AT AN IRON PIPE SOUTH 0 DEGREES 9 MINUTES EAST, 932 FEET, FROM THE NORTHEAST CORNER OF SECTION 35 AND RUNNING SOUTH 0 DEGREES 9 MINUTES EAST I3I5 FEET; THENCE NORTH 57 DEGREES 51 MINUTES WEST, 400 FEET; THENCE NORTH 76 DEGREES 05 MINUTES WEST, 400 FEET; THENCE NORTH 42 DEGREES 50 MINUTES WEST, 300 FEET; THENCE NORTH 67 DEGREES 14 MINUTES WEST, 158.7 FEET; THENCE NORTH 728.3 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES EAST, 1073.9 FEET TO THE POINT OF BEGINNING. , ESCROW INSTRUCTIONS , (REAL ESTATE TRANSACTION) f 'I 1ttnk of An-scrim, , .,1 2LL-$300 To Escrow • } amnia NATIONAL Tie v,, trg ASSOCIATION Jennie t¢aham (ry, - . - — _ __ _- _ _. -_ Escrow Officer Fontana _ �-Branch Fontana , California .___ __-- j�Tovtatater 9T , 19'. i. lc,tc . y In cunsideratnm in your acting as escrow holder herein, it is agreed that you shall in no case or event he liable for forgeries or false personatians in ' connection with these instructions, instruments of record, or those handled in-this escrow It is further agreed that if any controversy arises between the parties hereto.or with any third person, you shall not be required to determine the ' same or take any action in the premises, but you may await the settlement of any such controversy by final appropriate-legal proceedings ur others' se as you may require, notwithstanding anything in the following instructions to thr,amtrary and in such event you shall not be liable fur interest or damage r 1 wll i hand you $72,500.00 ti f .. _ _. 4. I �C _ , , and.wdl deliver to you any notes, instruments and additional funds required from me to enable you to comply with these instructions, all of which you are authorized and instructed-to use-and deliver.provided instruments have been filed For record entitling vuu ro procure assu ranee of title in the firm of a ownerte _ Pulse of Title Insurance issued by I ( 'r 'PIONEER TITLE INSURANCE & TRUST COMPANY in its usual form, with a liability of $72,500.00 covering property in the County of San Bernardino State of California, as per map recorded in Book Page of Records of said County, de5<ri lied.aisle tw5 iThat?po {rtion of the Northeast- 1/4- of the Northeast 1/4 of Section 35, Township 1 South,,RBnge )6,;,That Bernardino Meridian, described ae follovas BEGINNING at a point in the East line.,of said'Secti'on 35,' iahieh Point is South 091.09.!; East_932 feet from the Northeast corner of said Section'35; thence continuing Smiths 0°-09' East' along''aaid East line 1315 feet; thence North 570 $1! ,West•400 feet; thence, North 76° 05* "eat 400 feet; '(balance of legal below) showing title;estedl w,CITY OF FONTANA, a Municipal Corporation , ' - I. 'JI- 11, 1 subject to 11) Second half General and Special taxes fur the fiscal year 19 56 19T 57 INCLUDING AN\ SPECIAL DISTRICT LEVIES, PAYMENTS FOR WHICH ARE INCLUDED THEREIN AND COLLECTED THEREWITH l I, , I' 1, i. y '. .,. 1 1 t [ I .1 t I I ..if 1 iv r I i (?) Assessments and Bonds none, not delinquent, unpaid balance `, ,i , r p r, I p - i (3) Any covenants, conditions, restrictions, reservations, rights, rights of way and easements of record,or in deed to file. 1 d) Mortgage —Deed of Trust securing an indebtedness of $ _ T none I _ ._ ,as pelt its terms, now of record, unpaid balance of I principal'$ none .-.....: . 1,: f. _.— _ if.• i _ - .' .LI'_ _ - --- -iv ? ` (5) Mortgage Deed of Trust on ' form,executed by - a- .u.t R' ,r i s .t I it. 'i..I '' t tit'T S I l securing Note for $ , not in favor if it tr, Y, rat Yt L,,, .pit. m i ., i'uto'o i r.:'n' Jz{ 1 Ott . .,t1 :i i , i:qi II ran . rtO ; ✓,tr ':.t i i .1 ' ./ rib l } C 'II i. elated due (if straight note) l d years after dale,with interest lat per cent per annum,from a. payable K qt at Iprincipal and interest due and payable in instalments of $ none P OR MORE, each on the day of ) + i every month, beginning r, f n (balance of legal description' followst thence North•42° 500 West 300 feet; thence North 67° 140 West 289. feet; thence South 800 201 West 125.7 feet, tore or less, to the intersection of the prolongation of the West lint of the Margaret Pagliueo property as described in Deed recorded in 'Book 1161, page hh9, Official.Records of San Bernardino County, California; thence along said 1 prolongation.of.,said lino•.North--00 .09" -West 703:3-feet, more or-less, to the Southeerit corner of the property described in the'Deed to. the Southern,-California Edison Company as recorded' in Book 2•:5 page 462, Official 'Records of said County;; thence' along the South line of the Southern' California- Edison Company property South 89° 48)! East 1315.31 feet, more or less to the point of beginning arid containings29:5 acres of land, more or.less. This escrow' is subject to that 'certain Agreamext-dated November 19,, 1956; alioreidiject-to buyers approval'.'of 'Preliminary 'Report'& Plata 4 I - , 'ix ' tn1t,5 r f - �Y i h r L r uU1: 'J .119l ' .tl "fie • sties IF The following adjustments ONLY are required in this escrow i - d it. .u 'i , --Adjust taxes as of close of Escrow. f f' t, , b' it - r s t o., hr 'o: nq . usr e I I, I r ' ' .b l 1 rcrrIi.I ' . 1', I 'I ' .I OW ' e t'c -t i if TR0'245 10.55 I , Unless otherwise provided make all adjustments on basis of 30-day month, based on latest available figures in case of Taxes and Assessments or Bonds, principal and interest on encumbrances of record based on statements by Mortgagees or holders of notes for collection, interest on new encum- brances by endorsement on notes, and rents on basis of statement approved by me. Assume that insurance premiums are paid and transfer on behalf of parties hereto any fire insurance policies as handed you. Forward such policies, upon close of escrow, to agent with the request that insurer consent to such transfer or attach Loss Payable or Mortgagee s Clause or other additions or corrections, and that agent thereafter forward such policies to parties entitled',thereto"'. a a + The expression "close of�escrow" d written in these instructions shall mean the date instruments are filed for record or registration , You are to cause no examination or report to be made on state, county or city taxes,either real or personal, or state corporation taxes for the year stated in paragraph Cl) above prior to date first instalment payments are due and payable, and you are to order no special tax report except as herein otherwise specifically instructed ` lIt•is'understood that all-ilisbnrsemenis shall be made to parties in interest,by your remittance and that remittance and instruments will be mailed ..to one Of the roes entitled'thereib, if more than one,to,address grvenlbelow Instruct County Recorder to mail instruments in the same manner. Deliver l Title Policy tii-buyers J , r , Prepare none ' from ' , I will pay, on demand;regardless-of tile consummauun'of this escrow, all charges incurred by you for me, including fee for preparing instruments I execute,fee for.recording Grant Deed and 2/2- t , your 1 total escrow fee and I n 1 ' •k ' s S.s. 1 , " I i J ,i', ] if' i • r l'y- r' a. r C. 11' i . 1 L ' - 'r i. tie ? , "c , \ , • ' • ' 1 n , r r .r L .'.iv. •'L.-.n, . r, 1 t r ii 1 i, ' rL If you are unable to comply with these:instructions on or prior to 'Dngemmber 21, 1956 , you will comply as soon thereafter as possible unless a written)demand,for,return of money or instruments by a party to this escrow is received by you subsequent to such date and prior to the recording of any instrument provided for herein. CITY OF FONTANA CITY C ' FONTANA '1' Signature Bill I- 'Signature S BY: ', I ' ' ' ' (Worg© ti. Biorra; 'City Clark ' I n W. , • Address ' 1 Address • i I , Telephone )Telephoner rci . i �jl qn ,. r , r i '' , , t 1 _ The foregoing instructions and conditions, are hereby, approved,and••accepted in their entirety and concurred in by ins I will supply you with , U funds, notes and instruments required from me to enable you to comply with the instructions, which you are authorized to use and deliver provided you hold for my account any instruments accruing to me and the sum of $ ,r72 '5000OO ' , I ,i, r 1 J , . •d ' • I; r .1"; 1 i ' itI41 title It once 'Deduct all m expenses from funds to me. I willl ` ` 1 i I el Order search of Y p accruingpay on'demand, regardless of the consummation of this escrow, all charges incurreredrby you for.me-,(except those otheurtparty haseagreed'to•pay);'including title charge, fee fur preparing instruments I execute, your , 2 i+ escrow,fee-an -. - r +'^ ,^'' (:-::r ,i_. 'I}�.`.J r ..,� � total`-�� •,,(`. ,. ... . t. 7 fix::i (�i �i �l -, - u f f t. ! I i y .. "+ter , -rs,t,-..r?. r^ _ r; r, e' . G„ ,::`�.- Jre f.,`, '..yf,. �G.,y r. tl I j' j r" ! 1 q ` n Prepare ,.-. Grant , . r. ..�Irum.n J♦ry,- ,i p :-,9r ,a 8j.nglre ®aYY. ,nt . ^ct - ,,,jlttach',InternSl'Revenue Stamps in the amimnt of $ _`jr9‘7Jr ,, to D_ eed'I execute. _ 4 v L " I .�:1' r' J -• - rip 1—cl ,w ew er' r x _' �~ Jr `Pay Commisson of$ none' _ �s'� 'O` w sA- Lv ..3L_.y.::11 O', tn" tItr. . . ._rw `�Ff'Clr:r, r''7C. n S'f'i i,l s 'License No. ' • r . - . jf• „_ Make following-disposition of proceeds sous me:...r-. I. Credit Com'I.-accouni of -" " "- '• -------' -• at your Branch. Sav_Ji5,Q 'i L .i 1 , '2.0 Mail Check to me-at•- _ - address bel.o'N .,- u• t •i .i " i r . i' Ail MiiI 'I'n c/: ' r tN ' , i , - r 1 , . , r I 4 .:7,1 1 o : rJ/r:7 Li' , .'i, , 1, -:ri..ii ' ' r t M1 r it t.. Y, ' '. 1. '' , oit ' 1. ' r , r I .,i r t•.f , Signature r Signature ' ,l L J. Dale Gentry Address Address % CaQifornla Hotel San Bernardino, Calif° 1 • Telephone _- - __ Telephone m✓r - i;.._ j. r Jy r r, , ' k dank of America NATIONAL SrRAVIUsrNG S ANo ASSOCIATION Fontana Branch Date 1-9-57 ESCROW STATEMENT Statement of Escrow No. 24 —5300 City ofFont ana ITEMS DEBITS CREDITS Deposited by City of Fontana 74500__ 00 --.akP_Q itoa_by-_- 71 00 Consideration: Sale 72,500 00 Loan Outside of Escrow �............. ..................... Balance of Mortgage or Trust Deed of Record Purchase Money Trust Deed. Assessments or Bonds Tax Adjustment Insurance Pro Rata Rent Adjustment- Interest Adjustment F. H. A Loan Trust Funds_______ Pro Rata Mutual Mtg. Ins — Payment Mtg. or Trust Deed .. Int. on $ @ % from .............to---------- ----_..._._. Payment Mtg. or Trust Deed - Int. on $ @ % from to Commission ..__-. Assurance of Title ... Internal Revenue Stamps Municipal Lien Report-Tax Service Contract.. Reconveyance Fee ..__ ___.__._.___.__ ........ _......._ _ Recording Taxes Insurance Endorsements — Notary Fees Fee for Preparing Documents Buyer's Service Fee _____..___�.... . ......... _ Escrow Fee 71 00 Balance Due Our Check to Balance---.. .... . __. ... TOTALS 72,571 0 72,571 00 RETAIN FOR TAX PURPOSES TRU-902 10-55 v� / 'BRANCH NO 1 �7 ' l) ESCROW No. Y 19aj L/I Jo> DOLLARS TOGETHER WITH r - .'. de”dçff J�/y`iAJ ' IN CONNECTION WITH ABOVE NUMBERED ESCRROO,'WW dunk of Amer'at .0.AL tvica .... TRUST O P rEir TRU-262 ORIGINAL 16-55) «,.,,..a,.,c>.. a Co, . •.F,.m. 1 COPY Amount $7Z. 500.00 Total Fee for Title Search, Examination Policy No.340375 and Title Insurance $. Pioneer Title Insurance and Trust Company a corporation, herein called the Company, for a valuable consideration paid for this POLICY OF TITLE INSURANCE does hereby insure CITY OF FONTANA a Municipal corporation together with the persons and corporations included in the definition of "the insured" as set forth in the stipulations of this policy, against loss or damage not exceeding SEVENTY-TWO THOUSAND FIVE HUNDRED- - - dollars, which the insured shall sustain by reason of: 1. Title to the land described in SCHEDULE C being vested, at the date hereof, otherwise than as herein stated; or 2. Unmarketability, at the date hereof, of the title to said land of any vestee named herein, unless such unmarketability exists because of defects, liens, encumbrances, or other matters shown or referred to in SCHEDULE B; or 3. Any defect in, or lien or encumbrance on, said title, existing at the date hereof, not shown or referred to in SCHEDULE B or 4. Any defect in the execution of any mortgage or deed of trust shown in SCHEDULE B securing an indebtedness, the owner of which is insured by this policy, but only insofar as such defect affects the lien or charge of such mortgage or deed of trust upon said land or 5. Priority, at the date hereof, over any such mortgage or deed of trust, of any lien or encumbrance upon said land, except as shown in SCHEDULE B such mort- gage or deed of trust,being shown in the order of its priority in PART TWO of SCHEDULE B; all subject, however, to SCHEDULES A, B, and C and the STIPULATIONS herein, all of which schedules and stipulations are hereby made a part of this policy In witness whereof, Pioneer Title Insurance and Trust Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the day and hour set forth in SCHEDULE A hereof PIONEER TITLE INSURANCE AND TRUST COMPANY RT by r✓/ President D/l attest W. J. Su11iv Assistant Secretary This Policy consists of 5 pages, which are numbered at the end of each page. Page 1 of Policy No. 340375 can s...a..a co.....pokey c.>v.on 1050 eo.m a- SCHEDULE A On this 4th day of January in the year 1957 at Si00 o'clock, a. m., the title to the land described in SCHEDULE C is vested in. CITY OF FONTANA a Municipal corporation SCHEDULE B This policy does not insuie against loss by reason of the matters shown or referred to in this Schedule except to the extent that the owner of any mortgage or deed of trust shown in Part Two is expressly insured in Paragraphs numbered 4 and 5 on page 1 of this policy , PART ONE This' part of SCHEDULE B refers to matters which, if any such exist, may affect die- title to said land, but which are not shown in this policy , 1. Taxes or assessments which are not shown as existing liens by the records of any taxing agency or by the public records; and easements, liens, or encumbrances which are not shown by the public records. 2. Rights or claims of persons in possession of said land which are not shown by the public records. 3. Any facts, rights, interests, or claims which are not shown by the public records, but which could be ascertained by an inspection of said land, or by making inquiry of persons in possession thereof or by a correct survey 4. Mining claims, reservations in patents, water rights, claims or title to water. 5. Any laws, governmental acts or regulations, including but not limited to zoning ordinances, restricting, regulating or prohibiting the occupancy use or enjoyment of the land or any improvement thereon. or any zoning ordinances prohibiting a reduction in the dimensions or area, or separation in ownership, of any lot or parcel of land; or the effect of any violation of any such restrictions, regulations or prohibitions. PART TWO This part of SCHEDULE B shows liens, encumbrances, defects and other matters affecting the title to said land or to which said title is subject. 1st:- Second Installment of General and Special Taxes for the fiscal year 1956-57, Code Area 11201, Book 237, Page 202, Line 06; Amount $16.84. Line 01; Amount $20. 78. The above assessments cover property herein described together with other property. 2nd:- A right of way for pole line over the East half of Section 35. described as follows: Beginning at a point in the East line of said Section 520 feet South of the East quarter corner; thence North 42° 271 West to a point in the North line of said Section, as granted by deed from Frank Vezu to Southern Page 2 of Policy No. 340375 Sierras Power Company. recorded in Book 589 of Deeds, page 146, records of said County, to which record reference is hereby made for further parti- culars. 3rd:- An easement and right of way for the transmission of electrical energy over and across a porttion of property herein described, as'iraated'in the instrument from'J. Dale Gentry, a single man, to Southern California Edison Company, Ltd. . a corporation. dated October 6, 1945, and recorded March 8, 1946, in Book 1877 of Official Records. page 156, as Instrument No. 31. to which instrument reference is hereby made for other and further particulars. 4th:- An easement and right of way for the transmission of electrical energy over and across a portion of property heroin described. as granted in the instrument from J. Dale Gentry. a single man: tirSouthern California Edison Company, a, corporation. dated May 3. 1951, and"rec'orded May 14. 1951. as Instrument No. 8, in Book 2763 of Official Records. page'222, to which instru- ment reference is hereby made for other and further particulars. • Page 2a of Policy No. 340375 ..:.cou•v c,pY.,PM In,0 P,.m P 1 ' ' r SCHEDULE C Description of land' in 'the county of San Bernardino , State of California , title to which is insured'by this policy That portion of the Northeast 1/4 of the' Northeast 1/4 of'Section 35; Township 1 South, Range 6 West, 'San Bernardino Base and Meridian, according to Government Survey, described'an follows: BEGINNING at a point in the East line of said Section 35; which point is South 0° 09' East 932 feet from the Northeast corner of said Section 35; thence continuing South 0° 09' East, alongsaid East line 1315 feet; thence North 57' 51' West 400 feet; thence North 76° 05' West 400 feet; thence North 42° 50' West 300 feet; thence North 6,7° 14' West 289 feet; thence South 80° 20' West 125. 7 feet, more or less, to the intersection of the prolongation of the West line of the Margaret Pagliuso property as described in the Deed recorded in Book 1451 of Official Records, page 449, records of San Bernardino County, California;'thence along said prolongation of said:line North 0° 09' West 703. 3 feet, more or less, to the Southwest corner of the property des- cribed in the Deed to the.Southern California Edison Company as recorded in Book 2985 of Official Records, page 462. records of said County; thence along the South line of the SouthernCalifornia Edison Company property South 89° 48' East 1315.31. feet, more or lees. to the point of beginning and containing 29. 5 acres of land. more or less. SAVING AND EXCEPTING all state and county roads and highways. Page 3 of Policy No. 340375 JANUARY 22, 1957 SAN BERNARDINO COUNTY BOARD OF SUPERVISORS SAN BERNARDINO COUNTY COURT MOUSE SAN BERNARDINO, CALIFORNIA HONOA.AOL.E SIRS: THE CITY OF FONTANA ON NOVEMBER 23, 1956, ACQUIRED THE FOLLOWING DESCRIBED PIECE OF PROPERTY: THAT PORTION OF THE NE * of THE ME * of :CO. 35, TWP. 1 S, RANGE 6 W, :.0.M•, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN' THE E LINE OF SAID SEC. 35, WHICH POINT IS S 0° 091 E 932 FT, FROM THE NE CORNER OF SAID SEC. 351 THENCE CONTINUING S 0° 091 E, ALOH ' SAID C. LINE 1315 FT.; THENCE N 57° 511 W 400 FIX THENCE N 76" 051 W 400 PT; THENCE N 42° 501 W 300 FT; THENCE N 67" 141 W 289 F7.1 THENCE S BO° 201 W 125.7 FT., MORE OR LESS, TO THE INTERSECTION OF THE PROLONGATION OF THE W LINE OF THE MARGARET PAGLIUSO PROPERTY. AS DESCRIBED IN DEED RECORDED IN BOOK 1451 , PAGE 449, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA; THENCE ALONG SAID PROLONGATION OF SAID LINE N 0° 091 W 703.3 FT., MORE OR LESS, TO THE SW CORNER OF THE PROPERTY DESCRIBED IN THE DEED TO THE SOUTHERN CALIFORNIA 'EDISON COMPANY AS RECORDED IN BOOK 2985 PAGE 462, OFFICIAL RECORDS OF SAID COVNTY; iTHENCE ALONG THE SOUTH LINE OF THE' SOUTHERN CALI— FORNIA EDISON COMPANY PROPERTY S 89° 481 E 1315,31 PT, MORE OR LESS, TO THE POINT OF BEGINNING AND CONTAINING29.5 ACRES MORE OR LESS. WE ARE THEREFORE REQUESTING CANCELLATION OF TAXES 'ON THIS PARCEL OF PROPERTY. WE SHALL VERY MUCH APPRECIATE YOUR CONSIDERATION IN THIS MATTER. VERY TRULY YOURS, GEORGE W. VIERRA CITY CLERK CMG .,' gt I.-6 2S I 3S136 kii vto -r,I s,R b w __-- -- 1 W :. Sii SU 4' /Z'/<gh 61,' /."64,f5 C 4jp . 5-ff Sfr�p Ni Ries rejobi,a 9rere Vines C • R,P.,SfriX i sef OW* jt 201 __ of pole /0641/045, o). P,IEs COWL' in fr. &/led vial. W (V _ ... _ aJi i ...5-cg -rVWERLiy2S --- - - — — N ; --{= .— — _ - - — -_ — — — - --- G.. "1 ro g 1"'la 300i • • i / 8''-- _--------- S Co, E. C�iieI.re WI;`'„� )2.4fi [ , ao• ti 74 b PROFILE 1"m5O . i.,e//Ga7 J Ceai,C ,p7 r7�Ea'ec/ f... o-7 Ca 5/plea/ Lay /f-J.1r qrL# �a...O FONTANA SEWER PLANT Pei,11 s 7 A1,iles /o 49 _."-;1---f;(7 211 -7S I I D31 -232 c muuuunlal __ a FIFTH .,� - r, -ys AND 'E' J. DALE GENTRY STREETS Owner and Operator TELEPHONE 5831 SAN BERNARDINO , CALIFORNIA February 9, 195? Doyle Miller, City Manager, Fontana, Calif Dear Mr. Miller: I have failed to receive an answer to my letter of January 30th inquiring as to your position regarding purchase of acreage South of Fontana. I am anxious to learn of your plans due to the fact that this land is tied up under an agreement and it means that I cannot farm it or use it for any purpose until this is settled Please let me know by phone or letter and I will have to be guided by your de- cision in the matter. Very truly yours, 3 ale Gen ir s " SAN BERNARDINO ' S FINEST" lin Iv r_ , Ph,4 _ - p Ism>. _ w. A FIFTH J DALE GENTRY - ors AND "E' 'Owner and Operator STREETS TELEPHONE 5831 SAN BERNARDINO, CALIFORNIA March 19, 1957 Doyle Miller, City Manager, Fontana, Calif. Dear Mr. Miller: I have written you two letters requesting informa- tion as to plans of your City Council in the disposition of an agreement entered into for the purchase of additional acreage South of Fontana. This information has not been forthcoming and , I have now arrived at a point where it is necessary to know what procedure to follow. Under this agreement, this property cannot be fanned. It is lying idle and there has been a road developed through it that is so beaten down by heavy equipment that several acres would be spoiled if it was to be farmed this year, plus the fact that I am not in position to offer it for sale to any one else. I feel that it is only fair that you and your Council advise me what your intentions are in this natter. If you will recall in our previous business dealings, I always tried to act promptly to accommodate you and to go out of my way to favor you in any way possible Just out of fairness to me, I feel that this information should be forth- coming immediately. I am quite certain you want to be fair in this matter and I will appreciate the above requested information within the next few days. Thanking you, I am, Very truly yours, ale Ce s " SAN BERNARDINO ' S FINEST" , .� /674 ° C„A.,a.,s c�--y DISTRIBUTION EASEMENT Form 567-5 Rev 12/55 ( Individual ) , 19 Grantor, do hereby grant to the Grantee, CALIFORNIA ELECTRIC POWER COMPANY , its successors and assigns, a right of way easement for the construction, maintenance, operation, inspection, repair, alteration, replacement and removal of electric lines and telephone lines, including such additional circuits as said Grantee may in future require, consisting of one line of supporting poles or structures, with crossarms, insulators, conductors, wires, cables, guys, anchors, attachments, fixtures and appurtenances, for the transmission and distribution of electricity for any and all purposes for which the same may be used, and communication purposes, upon, over and across that certain real property located in the County of San Bernardino , State of California, described as follows. The South 10 feet of the North 27 feet of the East 15 feet AND the West 10 feet of the following described property: The Easterly rectangular 25 feet of all that portion of the Northeast Quarter. (NEt) of the Northeast Quarter (NEI) of Section 35, Township 1 South, Range 6 West, San Bernardino Base and Meridian, more particularly described as follows: Beginning at a point common to the Northwest corner of said Northeast Quarter (NEI) of the Northeast Quarter (NE*), of Section 35 and running thence South 0° 02' 14" West, along the West line of said Northeast Quarter (NE*) of the Northeast Quarter (NEB) of Section 35, a distance of 678.42 feet; thence South 89° 33' 59" East, 1315.16 feet,,,more or less, to a point on the East line of said Section 35; thence North 0° 02' lii" East, along the East line of said Section 35, a distance of 648.32 feet to a point on the Northeast corner of said Section 35; thence West, along the North line of said Section 35 'to the point of beginning. It is hereby understood and agreed that each pole located. on the easement herein granted shall be placed on the easterly extension of a line running parallel to and midway between existing grape vine rows located an the property immediately west of the easement herein described as the West 10 feet of the above described realrope . Consented to and approved bys ONT �k0 a m 'eipal corporation By 4 Its Mayor. Attest �� City Clerk , This 72,4 day of / : , -1957. 4,x. The Grantee shall have the right to trim, cut back and top such trees on? Grantor's real property as may contact, interfere with or endanger said electric and telephone lines, and the safe and proper maintenance and operation thereof; and shall have the right of ingress and egress to and from said right of way easement and lines, and every part thereof, for all uses and purposes in the exercise of the easement and rights herein granted. witness ��1� / /� ta Jag411.4.o . .' STATE OF CALIFORNIA COUNTY OF ISS. the undersigned, otary Public in and for said County and sai,State, personally appeared '7. a. fi'IGL -[/1-r�s known to to be the person whose name is subscribed to the within Instrument, as a Witness thereto, who being ., by me duly sworn, deposes and says That /v. resides , 2 in ..„e4(isv,.0 lw9 4 and that ,4, was o spresent and saw �f�nq,�" ' personally known to ,(moo be the same person_ whose name .:p/ subscribed to the within and annexed Instrument, execute and deliver the same, and /�(.!i acknowledged to said affiant that ,(,executed the same; and that said affiant subscribed /to name thereto as a witness. 'My Commission Expires Oct 20th, 1959 WITNESS my hand and officialci/ seal _. (Seal) .c.-V , /1 ". / ary Public in and for said county and State Location- Authority 211 7511.350 Prepared By WNS 2-11-57 R/W Dept. ke From Drawing No. sketch Mapped in page \ By Description Checked Civil Engineer Approved as to legal features Attorney California Elm ,r c Power Comm' any 3771 EIGHTH STREET RIVERSIDE, CALIFORNIA April 3, 1957 W.0.211-7511 The Honorable Mayor and City Council of Fontana P. 0. Box 518 Fontana, Calif. Attention: Mr. Doyle Miller, City Administrator Gentlemen: We have been forwarded the easement granted by the City of Fontana on its sewage disposal plant property, which you sent to Mr. Meredith of San Bernardino service department on March 29, and we now inquire of the status of that easement signed by Margaret Pagliuso. The latter easement pertains to the proposed pole line along the 25 ft. access strip to the disposal plant and it was sent to you at the same time as the easement pertaining to the plant site in my letter of March 5. We asked the City's approval on the Pagliuso easement because of the liz pendens recorded by the City on the property included in the 25 ft. wide strip of land for your access. Return of the Pagliuso easement showing the City's approval will complete our easement acquisition and enable us to schedule the proposed pole line for immediate construction. Yours very truly, /lc-7 ' Wm. M. Burton WMB/ke Right of Way Agent V , , Canftfornia 1Recede Power Conttpany lAiQC 3771 EIGHTH STREET RIVERSIDE, CALIFORNIA 4 AV 11 AVE March 5, 1957 W.0.211-7511 \ / The Hon. Mayor and City Council of Fontana 16989 Upland St. Fontana, California Gentlemen: In connection with extending electric service to your new sewage disposal plant, south of Jurupa Avenue, this company respect- fully requests the following: 1) An easement for its facilities on City owned property on which the plant is located. 2) Approval and consent to the easement granted by Mrs. Margaret Pagliuso. As Mrs. Pagliuso still retains the fee title to the East 25 feet of her property as of this date, we have obtained an easement from her, which of course would be subject to the City's approval due to the filing of a lis pendens. Because of the pending action, we therefore ask the City's approval and consent. If granting the easement on the plant property is satisfac- tory, will the Mayor and Clerk kindly sign the enclosed original copy. Their signatures should be acknowledged by a notary public, using the attached notary form, and your corporate seal should be affixed to the document. If the Pagliuso easement is satisfactory, will the City kindly show its approval by its Mayor and Clerk signing the enclosed original copy. The corporate seal should also be affixed to the document. Your earliest consideration of our request will be appreciated and will expedite service to your new plant. Respectfully submitted, CALIFORNIA ELECTRIC POWER COMPANY By / A!. '-,-i Wm. M. Burton WMB/ke Right of Way Agent COPY MEMORANDUM FROM J. F. GOULD TO CITY ADMINISTRATOR DOYLE MILLER 6/10/57 1. No outside lighting is provided at the Disposal Plant. 2. Such lighting is necessary because of open pits, and because certain mechanizms may need adjustments pr repairs at night. 3. There has been installed a 3/4" conduit with 2 No. 12 wires from the lighting panel in the Main Pump House to the Bar screem (in the northeast corner of the plant). h. This conduit and wire was provided by plans to serve a time clock, but the manufacturer of the bar screen provided a trans— former that makes the above wiring unnecessary. 5. Inspector Slough suggests that the City install a pole and flood light fixtures at the bar screen, utilizing the subject wiring. 6. Street Maintenance Foreman Barnes is of the opinion that he already has the above materials and that he has the necessary labor. 7. The flood lights near the bar screen will illuminate the entrance gate and most of the outside mechani sms, as well as the principal structures. 8. Street Maintenance Foreman Barnes estimates Toughly that foi' labor and any additional materials to be purchased, the cost will not exceed U125.00. S/ J. F. Gould June 28, 1957 Mr. Dale Gentry c/o California Hotel Vifth Ca E Streets San Bernardino, California RE: 47.07 acres of land Dear Mr. Gentry ; You will recall the agreement had by you and the City of Fontana under date of December 6, 1956 for property in the County of San Bernardino generally described above. The sale price of the land as provided in said agree- ment was to be arrived at by appraisers. We understand that you have an appraiser appointed, namely B. Dade Davis. In accordance with the agreement as before referred to and the approval of Mr. Davis it would appear that the price - of the land per acre is . 2500. The City of Fontana and the J. G. Jeter Co. have arrived at a price of 01700 per acre. The third appraiser, Albert E. bore of B. 0. ;vans and Associates, put the acreage valuation at 01800. In further pursuants of said contract it appears there- fore,that the average price of the three appraisers is 02,000 per acre. This is to advise that the City of Fontana hereby offers to pay to you forthwith or in escrow if you desire, or in any other convenient way agreeable to both parties, the total property price which is computed to be 094,140.00. If this figure is a little in error we would be glad to adwIse it to the exact acreage involved. 25✓rSZ I further understand that from conversation with you that you would like to arrange for a payment of this sum over a period of time pursuant to a contract to be approved by your attorney and the City' s attorney. This arrangement is satis- factory to the City and if you would advise the City thereof, we would be glad to proceed with the matter. Yours very truly, Doyle Miller, City Adrdnistrator DM/pf San Bernardino, Calif July 9, 1957 inv 1957 RECEIVED N The City Council and M Ci1� OF FONiANA Doyle Miller, City Manager, a� titi Fontana, Calif. ed tiL Gentlemen Inasmuch as there seems to be some mis- understanding as to the appraisal I made on approximately fifty acres of land belonging to Mr J Dale Gentry, ad- jacent to the new city disposal plant, at the request of Mr Gentry, I wish to clarify my appraisal so that there will be no misinterpretation of same As I stated in the original letter of appraisal, there are certain sales that have been made in the near proximity of this property which establishes a certain value as to normal land sales However, inasmuch as a sewage disposal plant will be adjacent to the property owned by Mr Gentry, it was definitely my appraisal, taking into consideration the damage caused by the dis- posal plant to such an extent, that the total value of the land as I stated, was $3500.00 per acre for the ad- dional fifty acres to be acquired by the City of Fontana. Very truly yours, B. Dade Davis a JULY 31 . 1957 B. DADE DAVIS 1202 PACIFIC' AVE. SAN BERNARDINO, CALIF. DEAR MR. DAVIS: RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF JULY 9. 1957 WITH RESPECT TO AN INTERPRETATION OF YOUR APPRAISAL OF REAL PROPERTY BELONGING TO MR. J. DALE GENTRY ADJACENT TO THE NEW FONTANA DISPOSAL PLANT. MAY WE CALL YOUR ATTENTION TO YOUR APPRAISAL OF DECEMBER' 27. 1956. IN WHICH YOU STATED THE "LAND VALUE ALONE WOULD BC WELL WORTH $2500.00 PER ACRE".. WE:FEEL THAT THERE CAN BE NO MISINTERPRETATION OF YOUR APPRAISAL FIGURE FOR THE REASON THAT YOU STATE THE LAND VALUE 1$ $2500.00. ALL THE CITY IS DOING IS PURCHASING LAND AND NOTHING MORE. WE 'DO NOT DESIRE TO HAVE THIS MATTER DELAYED ANY FURTHER OR CONTINUED ANY LONGER. WILL YOU PLEASE THEREFORE IN- FORM MR, GENTRY OF YOUR ACTUAL APPRAISAL OF THE LAND. SO THAT WE MAY PROCEED WITH THIS MATTER FORTHWITH? YOURS VERY TRULY. DOYLE MILLER CITY ADMINISTRATOR DMSFK 0 e SEPTEMBER 4, 1957 MR, J. DALE GENTRY CALIFORNIA HOTEL SAN BERNARDINO, CALIF. DEAR MR. GENTRY: IT HAS BEEN SOME TIME SINCE THE CITY OF FONTANA HAS WRITTEN TO YOU CONCERNING THE PURCHASE OF LAND NEAR THE SEWER PLANT. IN ADDITION TO WRITING TO YOU, THE CITY WROTE TO YOUR APss PRAISER MR. DAVIS CONCERNING HIS APPRAISAL OF THIS LAND. WE FEEL THAT THE POSITION OF THE CITY IS CLEARLY SET FORTH IN THOSE LETTERS AND WE FURTHER FEEL THAT OUR POSITION 13 A SOUND AND CORRECT ONE. THIS MATTER HAS BEEN GOING ON FOR SOME TIME WITHOUT ANY DE— FINITE ACTION BEING TAKEN TO BRING A DEFINITE CONCLUSION AND WE FEEL THAT ACTION SHOULD DE TAKEN AT THIS TIME TO CONCLUDE THIS MATTER. MAY WE PLEASE HEAR FROM YOU AT YOUR VERY EARLIEST CONVENIENCE? YOURS VERY TRULY, DOYLE MILLER • CITY ADMINISTRATOR DMIFK VNVci N iso.2 art. rt'mlinni'i T-� a ion W J� a s'` — SL w*lit col�u 1 e n„ e -- �# _ ,' -' - _ s FIFTH ' J. DALE GENTRY w-" AND ESTREETS Owner and Operator TELEPHONE 5831 SAN BERNARDINO, CALIFORNIA September 7, 1957 City of Fontana, Fontana, (Li lif. Attention: Doyle Miller, City Manager Gentlemen: Replying to your letter of September 4th re- garding purchase of property near your present sewer plant, will say that the final sale of this property has been held up owing to the interpretation you put on the appraisal of Mr Davis. My attorney has gone into this matter quite thoroughly and he informs me that this appraisal will stand up. I am willing to go to escrow at any time for the total price arrived at under our agreement, considering Mr. Davis's net figure on appraisal. If you have been ad- vised otherwise, it will mean a long drawn out affair and certainly I do not want to enter into anything of this kind. I would suggest that you make your position known to me and I am in hopes that we can work this out without any misunderstanding. I will await your phone call at an early date and I can assure you that I will go a long way to avoid anything that might involve litigation. With kind regards, I am, Very truly yours, Dale Ge s " SAN BERNARDINO ' S FINEST" • • C. SEPTEMBER 18) 1957 MR. J. DALE GENTRY CALIFORNIA HOTEL SAN BERNARDINO, CALIFORNIA DEAR MR. GENTRY: RECEIPT 1$ ACKNOWLEDGED OF YOUR LETTER OF SEPTEMBER 76 1957 WITH RESPECT TO THE PURCHASE OFrPROPERTY NEAR THE PRESENT SEWER PLANT. IN YOUR LETTER YOU SUGGEST THAT WE MAKE KNOWN TO YOU OUR POSITION IN THIS MATTER. OUR POSITION IN THIS MATTER, AFTER DISCUSSION WITH THE CITY COUNCIL AND THE CITY ATTORNEY, IS THAT THE INTERPRETATION WHICH WE HAVE PLACED UPON TB: AGREEMENT AND THE APPRAISALS IS AS WE HAVE HERETOFORE ADVISED YOU, AND WE INTEND TO, IF NECESSARY) PROCEED TO A LEGAL DETERMINATION OF -OUR RIGHTS AND OBLIGATIONS UNDER THE CONTRACT. I ANTICIPATE THAT AT THE NEXT COUNCIL MEETING, WHICH IS THE FIRST TUESDAY IN OCTOBER) THE COUNCIL WILL AU- THORIZE THE COMMENCEMENT OF LEGAL PROCEEDINGS. IN THE MEANTIME, MIGHT I SUGGEST THAT YOUR ATTORNEY CONTACT ME OR THE CITY ATTORNEY TO DISCUSS THIS MATTER. YOURS VERY TRULY, DOYLE MILLER CITY ADMINISTRATOR DM.FK .�u f ry y SAW OPFICES KENO & KENO SUMT...ol'rue r.o WWn Jan 4vme a R.OCR.ev a a OTZLICEITO =MOO= SAN DISUNAIiTDTNO,CAL. Tuna..lml October 2l., 1957 Mr. Henry F. Roger City Attorney City of Fontana 8413 Sierra Avenue Fontana, California Re: City of Fontana v. J. Dale Gentry Dear Henry: I enclose herewith copy of a Demurrer to the Complaint in the above designated case. I believe that there is soma merit to the Demurrer for the reasons hereinafter stated* As I understand the complaint , it is one for declaratory relief in which you are asking the Court to interpret the report and appraisasent made by B. Dade Davis , who vas ap- pointed by Mr. Gentry as one of the appraisers. This is the substance of the complaint, if I understand it correctly, even though the complaint on its face alleges that the contention of the defendant is "that the average of the appraisal price per acre of the three said appraisals la in the sum of 32,332.67." In other words, the complaint alleges that the controversy involved is the difference in the average of the three appraisals. This difference apparently is created by the appraisal of Mr. Davis. My position upon the Demurrer is that the appraisal of Mr. Davis is not in accordance with the agreement under which the appraisal was to be made. The agreement provides in substance that the appraisers shall arrive at or fix the cast price of the land being purchased and sold under the contract. The contract states that "thereupon the purchase price and the selling price of said land shall be the amount per acre ar- rived at by a majority of the three appraisers so appointed; in the event a majority of the three appraisers so appointed is unable to agree upon a purchase price per acre for said land, then the purchase price of said land shall be arrived at by taking the average of the appraisal price per acre." The language contained in the appraisal of Mr. Davis clearly indi- cates that it is not made and arrived at in accordance with the agreement under which Mr. Davis was appointed. In addition to thin, we find, upon examination of the appraisal of Mr. Jeter, -1- Mrs Henry F. Rager October 214., 1957 that his appraisement was upon the basis of 76.57 acres, and was made as of October 15, 1956, which preceded the date of the contract. The contract provides for the sale and appraise- ment of 47.07 acres of land, more or less. It would therefore appear that both of these appraise- ments are not in accordance with the terms of the contract of purchase and would not be sufficient to arrive at an average as required by the contract. It is my understanding of the law that a Court cannot substitute its Judgment in such matters, or alter the terms of the appraisements as actually made and filed. In other words, there is nothing for the Court to interpret because there is no ambiguity in the language of the contract and at least two of the appraisals are not in accordance with the contract under which the appraisers were appointed. I therefore doubt seriously whether the Complaint can state or does state a cause of action for declaratory relief. I personally would prefer to settle the matter by a friendly and amicable settlement rather than to pursue the litigation. I would like to suggest that the parties agree that the said two appraisers be requested to prepare and file a new appraisement in accordance with the contract , or that two other appraisers be appointed in lieu of the two already appointed; the two new appraisers to make another appraisement in strict accordance with the contract. You and I will than see that the appraisals are made in accordance with the con- tract and the price arrived at accordingly. I shall appreciate it if you will give these suggestions your consideration and advise me whether you feel that there is any opportunity to dispose of the matter along these lines. If you do not feel that there is any opportunity to settle the matter along these lines, then, of course, the Demurrer will be placed upon the calendar in the usual manner. Very truly yours, JAMES L. KING JLKibcc Enc. / 700 1 gp /7,U 00__ LAW OFFICES 3/ KING & KING 2, 3 3 3 .Iwazas i.xtyo SAN OrrIMAF➢INO,CAL. TURNER 5-t43t November 5, 1957 Mr. Henry F. Rager Rager and Olio Attorneys at Law 8413 Sierra Avenue Fontana, California Re: City of Fontana v. Gentry Dear Henry: I discussed with Mr. Gentry your suggestion of settlement in the above designated case upon the basis of paying him $2100.00 per acre for his property. He refuses to accept this amount and authorizes us to accept the sum of $2500.00 per acre. I am sure that he is firm in his demand and that unless the City is willing to pay the amount he requests, we should then give further consideration to the con- tents of my letter to you in which I enclosed the demurrer. Thanking you for your cooperation, and with best personal regards, I am Very truly yours, / /JAMES L.. }{ G JLK:bcc I ' LO P F W J 'V J H 1 �I Ir \1 '` wp w Ct u 0 < N " - °9 • JZ ' '� (Y�� a N O ~ I 1I __J a ¢❑ Weiti1 1 ` F -� N N O L I Nd N M^1 p o �- I ' U Z_ a J a .- of W I 17 Q SI E� F-, F "1 ro `'y 3 w T N x e UJ H ZZ DO ' J a ° aWa ~ an 'C r . o0 J Fto0 0 UIF0 O W Z z 0 o LuiLL Ea O 0-I El 0w a ,• p¢IZ Z W _ _ w o f F. o f f a Z_F a W F- __ wIJa N❑ .� �. _ T _ `o o o aa0� - QWW za a - w a❑W¢ 0 O 0 u N U W w ❑w xw0❑ J¢= Oua C) Q (� ` Z F O Z rfFZ F W N N � J K 0 1- F❑FJ O v -" k E-I C)0 oN u O a o033o 0 3 W O m U c in Q � � 'L � Z Q) O N 0 6NKW>F F.a :2 r°T _ E•" k. QI aL �S NW o ~" I a>wjw N nod v ` J K2 '�^S�i /per �(hh (�•U pn Ora 't .2z1-20 OUP a ai a \ W `1) Q., -`(A CI 4Jx ❑O.SF KS qr\ 1 ' o V¢ w arNau �o w Q F. ZWZZ oo Q W ¢oa 72 C C W w WOE- hhQ �p o a w as C wa 0 0' F �t U ¢ I- 0 6 aJ v in 0 a-CI 0 '`i0 0 Je x a �C LL � � 3 � EG o w a O O en 0 W. ow n Q3 '.a ) - M10M1. i a E c a O E a I w E-1(0� W � N EL,E N nF z �i N 2N N h{r) 0 • ] w LI Q v Wz in a Z Ps C > UlWh1-7HInhh _I O z ` £ \e o 1 ' C .cc -.1U •yz > 0 owa EL = p 41 a 0 a m T rc '2 N 2EA ° Q aUt1 [ Cr), (Ii N 0Z WEZ QW +. W 0E oZv i o o o E N rt x El O M 0 ` 1-I aN 0 C a • Cf) E'l ` J- E N r onl 0owz m u rc 0 0o _ z � lx 1 0 . 5 . Z w t o 4, 20W NE-4 \ rr a ax J F � ` £ -aoer aZC) O 0 ¢ Lc;,, om _ o Za >: c EL n: h ICU d a O W w 3 - y ` v = O \0 x- 7 = y 2 E v o e a 0 v O 3 `ZanQ Eyhr tiff - w<W 0 Paz () w a T, u a W`•r w �� w1C w 0 Z F w E m in �w Ja " cc E a a 0 E" H R -'c oo iu 0 ' . z ; ` va '' • x: a � c o Jr 0 (�0 • OOV' Ct , a£/w, 0 J ? N ` ' � o a o ¢¢ 2 c v h aQ QV) 01 HH j"i 0 • N N zocoo J >o am v o H rah �r 'Co 0 - E , 0 „as ° O3 s w O OE� N ZOO O . a w v6 ._ ° w� - > ` 3 .CC Q wW H - " I = 8. a¢ v -0 o o n a3 ZOO 2 rU < up E z w 2 "- x O h1 Z h Al RI w o. o H H " z 'n = OE-, IZOZI\ N w_ O a � t1h (-1 �� o UN E O W aZ U - vN W W 0 w to _ WF W w ¢ O _ .c 0 W Y a cv '1;II _ m u z a ❑ o w O ' w Z a r] 00 ( a ¢ aua x o o 1- :-IS"' a a 0a _____— LAW OFFICES KING & KING SUITE Goi pin,BUILDING JADED x.exxc SAD BERNARDIN0,CAL. TURNER 6 lnai January 3, 1958 Mr . Henry F. Rager Fontana City Attorney 8413 Sierra Avenue Fontana, California Re: City of Fontana v. Gentry Dear Mr. Rager : Confirming my verbal discussion with you several weeks ago at the County Court House, I again desire to submit the final offer of settlement from Mr . Gentry in connection with the above designated case. Mr. Gentry has finally authorized me to submit a final figure of $2,250.00 per acre. He states most emphati- cally that if this is not accepted promptly, that we should proceed with the Court action. I , therefore, suggest that if there is any possibility of settlement upon this basis, please have the matter approved and close it as soon as possible; otherwise it will be necessary for me to place the demurrer upon the calendar for hearing and proceed with the action. Thanking you for your cooperation and with best wishes for the New Year , I am ,.Ver ruly yours, f J I L. KING JLK:bcc ukt