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Home My WebLink About1998-040 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 98-40 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A PURCHASE AGREEMENT FOR A SLOPE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ON THE EAST SIDE OF KENDALL DRIVE, SOUTH OF ARROWHEAD AVENUE FOR THE PROPOSED WIDENING OF KENDALL DRIVE BETWEEN 36TH STREET AND "H" STREET IN THE CITY OF SAN BERNARDINO. (A.P.N. 0152-022-24, PUTHOFF PROPERTY) BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor ofthe City of San Bernardino is hereby authorized and directed to execute on behalf of said City, a Purchase Agreement with Gregory S, Puthoff and Vickie Puthoff, a copy of which is attached hereto as Exhibit "A" and made a part hereof, for the acquisition of a slope easement and temporary construction easement, more particularly described in said Agreement, relative to the proposed widening of Kendall Drive, between 36d' Street and "H" Street, in said City, SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III III III III III 02/09/98 I 9 4(jI.ESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR THE ACQUISITION OF EASEMENTS ALONG THE PROPOSED WIDENING OF KENDALL DRIVE, BETWEEN 36TH STREET AND "H" STREET. (A.P,N, 0152-022-24, PUTHOFF PROPERTY) 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 2 Common Council of the City of San Bernardino at a joint regu1ar meeting thereof 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 held on the 16th day of February , 19~, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT x NEGRETE x CURLIN ARIAS x OBERHELMAN x x DEVLIN x ANDERSON x MILLER Q-e..-~L ):J. C-L~__ ~erk The foregoing resolution is hereby approved this IS/1 day of February ,19~. ~~//tt-L~~~. TOt1 MINOR, Mayor City of San Bernardino Approved as to form and legal content: JAMES F, PENMAN, City Attorney By: ~ ~A~. 02/09/98 2 r , 98-40 '., PURCHASE AGREEMENT (SLOPE EASEMENT) KENDALL DRIVE WIDENING SAN BERNARDINO, CALIFORNIA ACQUISITION MAP NO, 3 Gregory S. Puthoff Vickie Puthoff A.P.N. 0152-022-24 3688 N, "D" Street San Bernardino. CA 92405 Date: A document, in the form of an Easement covering the property described in the above instrument has been executed and delivered to the Real Property Section, 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 obligation or claims on this account, or on account of the location, grade or construction of the proposed widening of Kendall Drive, between 36th Street and "H" Street. 2, The City of San Bernardino shall: A) Pay the undersigned grantor( s) the sum of $5.030.00 for the property or interest conveyed by the attached easement. B) Pay all recording fees incurred in this transaction, 3, The City of San Bernardino agrees to indemnify and hold hannless, Gregory S, and Vickie Puthoff from any liability arising out of the City of San Bernardino's construction 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 during construction " . 98-40 PURCHASE AGREEMENT - APN 0152.022-24 -PUTHOFF (CONT'O) activities under this agreement, and the City of San Bernardino will, at its option, replace, repair or pay for such damage. Any repair or replacement will be with like items, 4, The parties hereto agree that the City of San Bernardino, in acquiring title subject to unpaid assessments as set forth herein, is not assuming responsibility for payment or subsequent cancellation of such assessments, The assessments remain the obligation of the Grantor; and as between the City of San Bernardino and Grantor, no contractual obligation has been made requiring their payment. 5, It is understood and agreed by and between the parties hereto that payment in Paragraph 2A above includes, payment for improvements within the easement area as shown in the appraisal by Realco Consultants dated December II, 1997 and amended by letter dated December 18, 1997, and is being acquired by the City of San Bernardino in this transaction at a negotiated price, which is higher than the appraiser's determination of fair market value. 6, It is understood and agreed between the parties hereto that payment shown in Paragraph 2A above includes payment to Grantor for a temporary construction easement, as described in said easement document, for a period not to exceed 60 days at a rate of $75,00 per month, If work is extended beyond that period, the City shall notify Grantor in writing at least 10 days prior to the end of the initia160 day period and payment shall be made on a per diem rate of the twice the initial rental rate ($150,00 per month), Any damage or removal of improvements within said construction area shall be repaired or replaced by the City's Contractor with like items, 7. City shall give Grantor notice at least 15 days prior to the commencement of construction and entry into the temporary construction easement. 8, All work done under this agreement shall conform to all applicable State, County and Municipal laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. 2 . 98-40 PURCHASE AGREEMENT - APN 0152-022-24 -PUTHOFF (CONT'D) 9, The City shall install a six ( 6 ) foot retaining wall in the slope easement across the entire width of the grantor's property, Type of wall shall be as determined between the City and the property owner, 10, The City shall install a tubular steel fence on the top of slope adjacent to the sidewalk within Kendall Drive, along the full width of Grantor's property, Tubular fencing will also be installed along the slope area to meet the top of the retaining wall described in ITEM 9, at the Northerly and Southerly extremes of said retaining wall. 11, The City shall plant groundcover within the slope easement area, Plant materials to be used will be as determined between the City and the property owner. 12, The City shall install irrigation lines and appropriate sprinkler heads within the slope easement area with a stub-out at Grantor's property line. City shall not assume responsibility of the irrigation components installed under this agreement or by the Grantor and Grantor may enter into slope area for the purpose of maintaining the irrigation system and landscaping, 13, The City shall plant shrubbery along that portion of the tubular fencing described in ITEM 10 that is adjacent to Kendall Drive and shall be maintained by the adjacent property owner. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the City of San Bernardino, including the right to remove and dispose of improvements shall commence upon the recording of the easement, and that the amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. No obligation other than those set forth herein will be recognized, /11 11/ 3 . . .. 98-40 PURCHASE AGREEMENT - APN 0152-022-24 -PUTHOFF (CONT'D) .'., In Witness Whereof, the Parties have executed this Agreement the day and year first above written, GRANTORS: , ~=MO-;C-W GREGOR~ S. a;THOFF CITY OF SAN BERNARDINO -:- /:& By: ,/ ~ d4~_ Approved as to from and legal content: JAMES F, PENMAN City Attorney By: :&7 r# 4 r gR-4f: REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY HALL 300 North "D" Street San Bernardino, CA 92418 APN,0152-022-24 SPACE ABOVE FOR RECORDER'S USE EASEMENT Gregory S. Puthoff and Vickie Puthoff, husband and wife as Joint Tenants FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Hereby Grants to the CITY OF SAN BERNARDINO, a municipal corporation, a slope easement and appurtenant facilities 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 Cali fomi a, described as follows: ThaI portion of the South one-half of Lot 6, Block 22, Tracl No. 1733, Thompson Brothers Poultry Colony, as per Map recorded in Book 26 of Maps, Pages 7 through 12 inclusive, records of the County recorder of said County described as follows: A 12.00 foot strip ofland lying Easterly of, parallel with and adjacent to the East line of Kendall Drive, as conveyed to the City of San Bernardino by deed recorded July II, 1928 in Book 429 of Official Records, Page 384. The Easterly and Westerly lines of said 12.00 foot strip commence on the North line of said Soulh one-half of Lol 6 and terminale on the Soulh line of said Lot 6. - - CONTINUED ON REVERSE SIDE - - Dale: Q - CJ - S''1( Thisisto~ertjfythatlheinterestinrelllpropertyconveyedbythewilhin instrument 10 the City of SWl Bernardino, California, II municipal corporation, is hereby accepted by order of the City Council, IInd grlmlcc wnscnls 10 the recordation thereof by its duly authorized ollict:r. ACKNOWLEDGEMENT OF GRANTOR(S): CITY OF SAN BERNARDINO STATEOFCAL;lIFOIA . // J S.S. COUNTY OF ' /fL lJeA/J'/ah(JlkwJ) On 11/rig before me, EtUFtJ ('. C(rYYl Et,.- persoo~17(~ppeare~ ~ref1,/1ry :3 - f!cfhoi-f a.,c/ l/dX, f' / y.;thfl!!i_ By: City Clerk Date: personally known 10 me (or proved to me on the basis of sat;sfaclol)' evidence) 10 be the persol(!) whose n~ )51arc subscribed to the within instrument and acknowledged to me that l16~lhey executed the same in tliS/!Id/their authorized capacityt19). and that by ~~eir signature@on the inslI'UlIlenl the perso~. or the entity on behalf of which perso(V1acted. clIcculed the instrument. Signature FOR NOTARY SEAL OR STAMP Location: E/S Kendall Dr, between Arrowhead and "36th Sf. File No.: 15.02-J372/C Eileen C. Gomez ~ COrrtM. '1145083 TAAYP......IC-C...t<FORNI... lINt BEFlIUoADINO COUNTV 0 C::omm E.p, Ju!r2.2001 ..