HomeMy WebLinkAbout1999-257
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RESOLUTION NO. 1999-257
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF RIGHT OF WAY AGREEMENTS FOR THE
ACQUISITION OF RIGHT OF WAY EASEMENTS FROM CERTAIN PARCELS OF
LAND LOCATED ON THE SOUTH SIDE OF HOSPITALITY LANE AND THE EAST
SIDE OF WATERMAN AVENUE AND AUTHORIZING NEGOTIATED PAYMENTS
FOR THE ACQUISITION OF SAID EASEMENTS.
WHEREAS, the City desires to acquire easements for right of way purposes from certain
parcels ofland located on the South side of Hospitality Lane, East of Waterman Avenue for the
purposes of street widening, more fully described in Right of Way Contracts, attached hereto as
Exhibit "A" (Parcel One) and Exhibit "8" (Parcel Two) and made a part hereof; and
WHEREAS, on August 2, 1999, Resolution No, 1999-191 was adopted, establishing a
fair market value of Twenty Five Thousand One Hundred Two dollars ($25,102,00) for said Parcel
One and Eleven Thousand Seven Hundred Eighteen dollars ($11,718,00) for said Parcel Two and
authorizing payment for same; and
WHEREAS, the City has made a written offer to the property owners in the amounts as
set forth above; and
WHEREAS, the property owners, after negotiations with City Staff, have presented a
counter offer in the amount of Twenty Six Thousand Eight Hundred Ninety Five dollars
($26,895,00) for said Parcel One and Twelve Thousand Five Hundred Fifty Five dollars
($12,555,00) for said Parcel Two.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City, a Right of Way Contract for the acquisition of said
Parcel One described herein, a copy of which is attached as Exhibit "A" and made a part hereof,
09/22/99
1999-;2'57
RESOLUTION AUTHORIZING AND DIRECTING THE EXECUTION OF RIGHT OF WAY
1 CONTRACTS FOR THE ACQUISITION OF RIGHT OF WAY EASEMENTS FROM CERTAIN
PARCELS OF LAND LOCATED SOUTH OF HOSPITALITY LANE, EAST OF WATERMAN A VENUE,
2 AND AUTHORIZING NEGOTIATED PA YMENTS FOR SAID EASEMENTS.
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and a Right of Way Contract for the acquisition of said Parcel Two described herein, a copy of
which is attached as Exhibit "B" and made a part hereof.
SECTION 2. That the Director of Development Services is hereby authorized and directed
on behalf of the City of San Bernardino to make payment in the amount of Twenty Six Thousand
Eight Hundred Ninety Five dollars ($26,895,00) for the acquisition of said Parcel One and Twelve
Thousand Five Hundred Fifty Five dollars ($12,555,00) for the acquisition of said Parcel Two and
to do all things necessary and to conclude the purchase of said easements,
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09/22/99
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1999-257
RESOLUTION AUTHORIZING AND DIRECTING THE EXECUTION OF RIGHT OF WAY
1 CONTRACTS FOR THE ACQUISITION OF RIGHT OF WAY EASEMENTS FROM CERTAIN
PARCELS OF LAND LOCATED SOUTH OF HOSPITALITY LANE, EAST OF WATERMAN A VENUE,
2 AND AUTHORIZING NEGOTIATED PAYMENTS FOR SAID EASEMENTS.
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11 LIEN
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
joint regular meeting thereof
held on the 18th
day of October
, 19~, by the following vote,
to-wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
x
ESTRADA
x
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17 MILLER
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MCGINNIS
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x
SCHNETZ
(VACANT-5th Ward)
ANDERSON
x
y
~~I.fh,~
Cit lerk
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The foregoing resolution is hereby approved this /1fllday of
October
,19 99 .
Approved as to form
and legal content:
~
V ALLES, Mayor
San Bernardino
JAMES F, PENMAN,
City ttorney
3
1999-257
/ ..',.
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I .
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RIGHT OF WAY CONTRACT
CITY OF SAN BERNARDINO, CALIFORNIA
WATERMAN AND HOSPITALITY WIDENING
Acquisition Map No,:
1
A.P.N(s): 0281.061-11. 12,21. 22
Evelyn p, Brier
Southeast corner of Waterman Avenue
and Hospitalitv Lane
Date:
San Bernardino. CA
A document in the form of an easement document, a copy of which attached hereto as
Exhibit "A" and made a part hereof, covering the property described in the above instrument
has been executed and delivered to the Real Property Section of the Development Services
Department of the City of San Bernardino,
In consideration of which, and the other considerations hereinafter set forth, it is mutually
~
agreed as follows:
1. The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said easement and shall relieve the
City of San Bernardino of all further obligations or claims on this account, or on
account of the location, grade or construction of the proposed widening,
1
1999-257
Right of Way Contract - Waterman & Hospitality
Evelyn p, Brier
2, The City of San Bernardino shall:
A, Pay the undersigned Grantor the sum of Twentv-Six Thousand Eight Hundred
Ninety-Five and 00/100 dollars ( $26,895,00) for the property or interest conveyed
by said easement.
B, Pay all recording fees incurred in this transaction,
C. Construct a commercial driveway on the South side of Hospitality Lane adjacent to
Grantor's property to allow ingress and egress unto Grantor's property, The
location of said driveway shall be agreed upon by the Grantor and the City, but
shall be in conformance to all City Standards,
3, Grantor grants to the City a temporary Right.of-Entry for the purpose of installing said
driveway, Said Right-of-Entry shall commence upon the day of construction of street
improvements and shall terminate upon completion of said construction
~
4, Grantor warrants that there are no oral or written leases on all or any portion of the
property exceeding a period of one month, and Grantor agrees to hold the City of San
Bernardino harmless and reimburse the City of San Bernardino for any and all of its
losses and expenses occasioned by reason of any lease of said property held by any
tenant of Grantor for a period exceeding one month,
5, The City of San Bernardino agrees to indemnify and hold harmless the undersigned
Grantor from any liability arising out of the City of San Bernardino's operations under
this agreement. The City of San Bernardino further agrees to assume responsibility for
any damages proximately caused by reason of the City's operations under this
2
1999-257
Right of Way Contract - Waterman & Hospitality
Evelyn p, Brier
agreement, and the City of San Bernardino will, at its option, either repair or pay for
such damage,
6, The parties hereto agree that the City of San Bernardino, in acquiring the interest
conveyed in said easement document is not assuming responsibility for payment of any
unpaid taxes, assessments or liens and that any unpaid taxes, assessments or liens shall
remain the responsibility of the Grantor,
7, In consideration of the City of San Bernardino's waiving the defect and imperfections
of all matters of record title, the undersigned Grantor covenants and agrees to
indemnify and hold the City of San Bernardino harmless from any and all claims that
other parties may make or assert on the title to the premises, The Grantor's obligation
herein to indemnify the City shall not exceed the amount paid to the Grantor under this
~
contract.
In witness whereof, the Parties have executed this agreement the day and year first above
written. No obligations other than those set forth herein will recognized,
//1
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3
1999-257
Right of Way Contract - Waterman & Hospitality
Evelyn p, Brier
GRANTOR:
~/4u~
vely ,Brier
Approved as to form
and legal content:
JAMES F, PENMAN,
City Attorney
By-t-"- 7l ~
4
CITY OF SAN BERNARDINO
~
1-
1999-257
REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY CLERK
CITY HALL
300 North "D" Street
San Bernardino, CA 92418
APN:0281-061-ll, 12,21,22
SPACE ABOVE FOR RECORDER'S USE
EASEMENT
EVELYN p, BRIER
FOR A V ALUAllLE CONSIDERATION, receipt of which is hereby acknowledged, Hereby Grants to the CITV
OF SAN BERNARDINO, a municipal corporation, an easement for street and highway purposes, Ill, over,
under and across ----
the real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows:
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A"
I>all': - ----- _________.n.____ ----
I'.VI".YN 1'.IlJ(JI,i{
Thisistul:CflifYlhmlhcilllcrcslinn:alproptrlywnvcycJhYlhcwithin ACKNOWLEDGEMENT OF GRANTOR(S):
instrument to the City uf ~;.m Ikrnardino, California, a l11unicipnl
corporation, is hereby accepted by order of th~ City Coun~il, antJ
grant~e consenls to the re~ordation thereof by its duly authoriled omen STATE OF CALIFORNIA
5.5.
COUNTY OF
CITY OF SAN IlERNARDINO
On -. before me,
By:
City Clerk personally appeared
Date:
-~-,~..
- ----...-.-.---... --~-'-'-'~-~ ..---
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whos~ name(s) is/are subscribed to the within instrument and acknowledged to
methathefsheftheyexeeut~d the same in hislherftheirauthorizcd capucity(ies), and that by
hisfherftheirsignature(s)onthcinslrumentthcperson(s),orthe entity on behalf of which
pcrson(s)aeted,executedtheinstrument.
WITNESS my hand and ot1icia] seal.
Signature
FOR NOTARY SEAL OR STAMP
Location: E/S OF WATERMAN
FileNo. . t5.02-1387/LF
--.- ----- . ---- '. - --- __-,m__._. ------.-'" --
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1999-257
EXHIBIT "A"
Legal Description for Street and Highway Easement along the
East Side of Waterman Avenue and the South Side of Hospitality Lane
Map No, 1
APN: 0281-061-11, 12,21,22
That portion of Lot 8, Block 72, Rancho San Bernardino, as per map recorded in Book 7 of
Maps, Page 2, Records of the County Recorder of San Bernardino County, State of California,
described as follows:
Beginning at the intersection of the East line of Waterman Avenue, having a half-width of 50
feet, and the North line of the 1-10 Freeway; thence East, along said North line, to a point on a
line that is 54 feet East of and parallel with the centerline of said Waterman Avenue;
Thence North 0001' 02" East, along said parallel line, to a point on said line that is 19,73
South of, as measured at right angles, a line that is 961,25 feet north of and parallel with the
centerline of Redlands Boulevard (formerly Colton A venue); thence North 450 01' 02" East, a
distance of 39,30 feet, more or less, to a point on a line that is 46 feet South of and parallel
with the centerline line of Hospitality Lane; thence East, along said parallel line, to the
Southwesterly line of said Hospitality Lane; thence Northwesterly along said Southwesterly
line, to the Southerly line of said Hospitality Lane; thence Westerly, along said Southerly line ~
and following its various courses and distances, to said East line of Waterman Avenue; thence
Southerly, along said East line and following its various courses and distances to the Point of
Beginning,
EXCEPTING THEREFROM that portion lying southerly of the following described line:
Commencing at the intersection of the East line of said Waterman Avenue, and the North line
of the 1-10 Freeway; thence North, along said East line, a distance of 213,70 feet and the True
Point of Beginning;
Thence South 090 22' 14" East to a point on a line that is 54 feet East of and parallel with the
centerline of said Waterman A venue and the point of termination
Contains 1,793 Square Feet, more or less
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1999-257
.'
RIGHT OF WAY CONTRACT
CITY OF SAN BERNARDINO, CALIFORNIA
WATERMAN AND HOSPITALITY WIDENING
Acquisition Map No,;
2
A.P.N(s): 0281-061-23
Tri-Citv Airport. Inc,
East side of Waterman A venue North of
Evelvn P. Brier
the l-W Freewav
Date:
San Bernardino, CA
A document in the form of an easement document, a copy of which attached hereto as
Exhibit" A" and made a part hereof, covering the property described in the above instrument
has been executed and delivered to the Real Property Section of the Development Services
~
Department of the City of San Bernardino,
In consideration of which, and the other considerations hereinafter set forth, it is mutually
agreed as follows:
1, The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said easement and shall relieve the
City of San Bernardino of all further obligations or claims on this account, or on
account of the location, grade or construction of the proposed widening,
I
1999-257
. .
Right of Way Contract - Waterman & Hospitality
Tri.City Airport / Evelyn p, Brier
2. The City of San Bernardino shall:
A, Pay the undersigned Grantors the ~~ of Twelve Thousand Five Hundred-Fiftv-
Five and 00/100 dollars ( $l;J'SWO') for the property or interest conveyed by said
easement.
B, Pay all recording fees incurred in this transaction,
3, Grantors warrant that there are no oral or written leases on all or any portion of the
property exceeding a period of one month, and Grantors agree to hold the City of San
Bernardino harmless and reimburse the City of San Bernardino for any and all of its losses
and expenses occasioned by reason of any lease of said property held by any tenant of
Grantors for a period exceeding one month,
4, The City of San Bernardino agrees to indemnify and hold harmless the undersigned
~
Grantors from any liability arising out of the City of San Bernardino's operations under this
agreement. The City of San Bernardino further agrees to assume responsibility for any
damages proximately caused by reason of the City's operations under this agreement, and
the City of San Bernardino will, at its option, either repair or pay for such damage,
5, The parties hereto agree that the City of San Bernardino, in acquiring the interest conveyed
in said easement document is not assuming responsibility for payment of any unpaid taxes,
assessments or liens and that any unpaid taxes, assessments or liens shall remain the
responsibility of the Grantors,
2
1999-257
Right of Way Contract - Waterman & Hospitality
Tri-City Airport I Evelyn p, Brier
6, In consideration of the City of San Bernardino's waiving the defect and imperfections of all
matters of record title, the undersigned Grantors covenants and agrees to indemnify and
hold the City of San Bernardino harmless from any and all claims that other parties may
make or assert on the title to the premises, The Grantors' obligation herein to indemnify
the City shall not exceed the amount paid to the Grantors under this contract.
In witness whereof, the Parties have executed this agreement the day and year first above
written, No obligations other than those set forth herein will recognized,
GRANTORS:
CITY OF SAN BERNARDINO
::t
TRI-~IRPORT, INC~ ('/
By: --= ~nl f ,/
I
By:
~ !? &.,i~'
Ev y , Brier
Approved as to form
and legal content:
JAMES F, PENMAN,
City Attorney
,~
3
1999-257
REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY CLERK
CITY HALL
300 North "D" Street
San Bernardino, CA 92418
APN:0281.061.23
SPACE ABOVE FOR RECORDER'S USE
EASEMENT
TRI-CITY AIRPORT, INC., as to an undivided 95,99 perccnt interest, and EVEL YN p, BRIER, as to an
undivided 4.01 percent interest, tenants in common,
FOR A V ALliABLE CONSIDERATION, receipt of which is hereby acknowledged, Hereby Grants to the CITY
OF SAN BERNARDINO, a municipal corporation, an easement for street and highway purposes, in, over,
under and across ----
the real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows:
I.I<:<;AL IIESCIUI'TION ATTACIIElIlIEltETO AS I,XHlIlIT "A"
TRI-CITY AIRPORT, INC.
Ily:
Dati:::
EVEL YN P. BRIER
This is 10 certify thlll the inlerest in real propertyc(lnveyed by the within ACKNOWLEDGEMENT OF GRANTOR(S):
instrument to the City (If San Bernardino, California, a Illllnicillnl
eOrlllJratillll, is herehy m;cellted by ordcr of the City l'oundt, and
granteeeOllsentshllherecllrdalillllthcreofbyilsdulYllulhuriledolliecr. STATE OF CALIFORNIA
S.S.
COUNTY OF
CITY OF SAN BERNARDINO
On before me,
By:
City Clerk personally uppeured
Date:
personally knowll to me (ur proved to me on the basis ufsatisl"aclory cvidcnce) 10 b<:th<:
IlI:rslln(s) whu,c nalllc(s) ishlrc subscdhcd lllthc within illsllUlIlclltllnd lIcknllwJcllgcd lu
IIlC thut hclslH.:llhcy c~cculcu lhc sallle in his/her/thcir IIUI]Il>lil.cd cl1pllcily(ie...), alld llilll by
hislhcrflhcirsignaturc(s)ullthc instrumcllIthc person(s) ,or lhcelllitYlln bchaJl"ofwhich
pcrsun(s)aeted,executedthcinslrumenl.
WITNESS my hand and official seal.
Signature
FOR NOTARY SEAL OR STAMP
Location: ElS OF WATERMAN
File No.: 15.02~ 1387 /LF
- ..----. m -- --._~.._-- ~------ ~------ -~_..._.__._-_..._--
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"
1999-257
'c
EXHIBIT "A"
Legal Description for Street and Highway Easement
along the East Side of Waterman A venue
Map No, 2
APN: 0281-061-23
That portion of Lot 8, Block 72, Rancho San Bernardino, as per map recorded in Book 7 of
Maps, Page 2, Records of the County Recorder of San Bernardino County, State of California,
described as follows:
Beginning at the intersection of the East line of Waterman Avenue, having a half-width of 50
feet, and the North line of the 1-10 Freeway; thence North, along said East line, a distance of
213,70 feet;
Thence South 090 22' 14" East to a point on a line that is 54 feet East of and parallel with the
centerline of said Waterman Avenue;
Thence South, along said parallel line to the North line of the 1-10 Freeway;
Thence East, along said North line to the Point of Beginning,
Contains 837 Square Feet, more or less,
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