HomeMy WebLinkAbout2000-131
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RESOLUTION NO. 2000-131
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO DECLARING THE
ACQUISITION OF ASSESSOR PARCEL NUMBER 26l-111-
37 TO BE IN LIEU OF ACQUISITION UNDER
FORECLOSURE PROCEEDINGS AND TO BE AN
ACQUISITION BY FORECLOSURE PROCEEDINGS UNDER
THE IMPROVEMENT BOND ACT OF 1915 OR THE MELLO-
ROOS COMMUNITY FACILITIES ACT OF 1982 WITHIN
THE PROVISIONS OF REVENUE AND TAXATION CODE
SECTION 4986.3.
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WHEREAS, on June 18, 1990, the City of San Bernardino
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(the "City") formed City of San Bernardino Community Facilities
District No. 995 ("CFD 995") in accordance with The Mello-Roos
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Community Facilities Act of 1982 (Government Code Section 533l1, et
seq.) (the "Act"); and
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WHEREAS, in December of 1990, the City issued $7,325,000
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in Special Tax Limited Obligation Bonds, pursuant to the Act, which
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were secured by the special taxes authorized to be levied against
all parcels within CFD 995; and
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WHEREAS, certain amounts of the special taxes duly levied
pursuant to CFD 995 against certain undeveloped parcels within CFD
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995 became delinquent; and
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WHEREAS, on August 9, 1999, pursuant to Section 53356.1
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of the Act, the City commenced San Bernardino Superior Court Case
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Number SCVSS59602 in judicial foreclosure of delinquent special
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taxes against the owners of record of real property securing the
lien of such delinquent special taxes within CFD 995; and
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2000-131
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WHEREAS, Brimar Industries, Inc. ("Brimar"), and James
2 C. Bice ("Bice") were owners of record of assessed parcels within
3 CFD 995 securing said delinquent special taxes who were named as
4 defendants in San Bernardino Superior Court Case Number SCVSS59602;
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7 WHEREAS, the City subsequently entered into that certain
8 1999 Settlement Agreement and Mutual Release dated December 23,
9 1999 (the "Settlement"), with Brimar and Bice; and
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WHEREAS, the Settlement resolved the dispute which was
l2 the subject of San Bernardino Superior Court Case Number
13 SCVSS59602; and
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WHEREAS, the City acquired several parcels of real
16 property through the Settlement, including, that certain real
l7 property generally described as Assessor Parcel Number 261-111-37
18 and more specifically described in the legal description attached
19 hereto as Exhibit "A" and incorporated herein by this reference
20 ("Parcel 37"); and
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22 WHEREAS, Parcel 37 secured a lien for delinquent special
23 taxes levied under CFD 995; and
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25 WHEREAS, the City may request the Board of Supervisors of
26 the County of San Bernardino to cancel the remaining unsecured
27 delinquent property taxes regarding Parcel 37, under Revenue and
28 Taxation Code Section 4986.3, upon a declaration by the City
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2000-131
1 Council, in a Resolution, that Parcel 37 was acquired by the City
2 in lieu of acquisition under foreclosure proceedings.
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NOW, THEREFORE, BE IT RESOLVED, DETERMINED, DECLARED AND
5 ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
6 BERNARDINO, AS FOLLOWS:
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Section l.
The Recitals set forth above are true and
9 correct, as of the date of this Resolution.
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Section 2.
The City acquired Parcel 37 through the
12 Settlement resolving the dispute which was the subject of San
13 Bernardino Superior Court Case Number SCVSS59602, which was an
l4 action for judicial foreclosure regarding Parcel 37.
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Section 3.
The ci ty hereby declares that, through the
17 Settlement, the City acquired Parcel 37 in lieu of acquisition
18 under foreclosure proceedings and, for the purposes of Revenue and
19 Taxation Code Section 4986.3, the City's acquisition of Parcel 37
20 shall, therefore, be declared and considered an acquisition by
21 foreclosure proceedings under the Improvement Bond Act of 19l5 or
22 the Mello-Roos Community Facilities Act of 1982, within the
23 provisions of Revenue and Taxation Code Section 4986.3.
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Section 4.
The City Clerk is hereby authorized to
26 transmit a certified copy of this resolution to the County of San
27 Bernardino Board of Supervisors and the Mayor is hereby authorized
28 to send a cover letter and supporting documentation to the County
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2000-131
1 of San Bernardino Board of Supervisors requesting cancellation of
2 outstanding property taxes on real property acquired by the City
3 through foreclosure or in lieu of foreclosure within CFD 995 in
4 accordance
5 4986.3.
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with the provisions of Revenue and Taxation Code Section
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2000-131
1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DECLARING THE ACQUISITION OF ASSESSOR PARCEL NUMBER 26l-
2 lll-37 TO BE IN LIEU OF ACQUISITION UNDER FORECLOSURE PROCEEDINGS
AND TO BE AN ACQUISITION BY FORECLOSURE PROCEEDINGS UNDER THE
3 IMPROVEMENT BOND ACT OF 19l5 OR THE MELLO-ROOS COMMUNITY FACILITIES
ACT OF 1982 WITHIN THE PROVISIONS OF REVENUE AND TAXATION CODE
4 SECTION 4986.3.
5 I HEREBY CERTIFY that the foregoing Resolution was duly
6 adopted by the Mayor and Common Council of the City of
7 San Bernardino at a Joint Regular
meeting thereof, held on
8 the 5th
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10 Council:
ESTRADA
11 LIEN
MCGINNIS
12 SCHNETZ
SUAREZ
13 ANDERSON
MCCAMMACK
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day of June, 2000, by the following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
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The foregoing
day of June, 2000.
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resolution is hereby approved this 7
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alles, Mayor
of San Bernardino
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20 Approved as to form and legal
21 BY'~ l- f~
22 1 Y Attorney
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2000-131
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EXHIBIT "A"
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LEGAL DESCRIPTION OF PARCEL 37
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MEYER AND BARCLAY SUB PTN BLK 11 DESC AS COM AT PT IN NLY LI CAJON
5 STATE HGWY N 46 DEG 50 MIN W 1090 FT FROM INTERSECTION SD NLY LI
WITH ELY LI SD BLK 11 TH N 2 DEG 38 MIN E 250 FT TO TRUE POB THN 2
6 DEG 38 MIN E 787.14 FT TH S 46 DEG 50 MIN E 250 FT TH S 2 DEG 38
MIN W 787.14 FT TH N 46 DEG 50 MIN W 250 FT TO TRUE POB EX THAT PTN
7 LYING SLY OF NLY LI STATE HGWY AS DESC IN DEED RECORDED 7/26/57 IN
BOOK 4288 PAGE 505 OFFICIAL RECORDS .86 AC M/L
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