HomeMy WebLinkAbout1998-041
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
98-41
RESOLUTION NO.
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 36111 STREET AND "H" STREET IN THE
CITY OF SAN BERNARDINO. (A.P.N. 0152-022-25, KNIGHT PROPERTY)
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
to execute on behalf of said City, a Purchase Agreement with Sandra L. Knight, 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 361h 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 The authorization to execute the above referenced agreement is rescinded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,
/1/
/1/
/1/
/1/
/1/
//1
/1/
/1/
//1
02/11/98
1
98 4 ~SOLUTION 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, 0152-022-25, KNIGHT PROPERTY)
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
2
3
4
5
6
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
16th
held on the
day
to-wit:
7 Council Members:
AYES
NEGRETE
CURLIN
ARIAS
OBERHELMAN
DEVLIN
ANDERSON
MILLER
of February
, 19~, by the following vote,
NAYS
ABSTAIN ABSENT
x
x
x
x
x
x
x
/?- A L ., h. tLv>-Je.
d~~~LU
The foregoing resolution is hereby approved this IJIi day of February
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
BY:~~
02/11/98
,19~,
~'fi4~M~
T M MINOR, Mayor -
City of San Bernardino
2
98-41,
l..
PURCHASE AGREEMENT (SLOPE EASEMENT)
KENDALL DRIVE WIDENING
SAN BERNARDINO, CALIFORNIA
ACQUISITION MAP NO, 2
Sandra 1. Knight
A.P,N,
0152-022-25
3696 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:
I, 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 $1,810.00 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 harmless, Sandra 1. Knight 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 ofthe City's operations during construction activities
,
PURC~~SH,GREEMENT - APN 0152-022-25 -KNIGHT (CONT'D)
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 initial 60 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
9'8-41 .
PURCHASE AGREEMENT - APN 0152-022-25 -KNIGHT (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,
/1/
//1
3
"
:... 98-41
PURCHASE AGREEMENT - APN 0152-022-25 -KNIGHT (CONT'D)
In Witness Whereof, the Parties have executed this Agreement the day and year first above written,
GRANTOR:
CITY OF SAN BERNARDINO
~-~
By: / ~-1 '/4'~
/
Approved as to from
and legal content:
JAMES F, PENMAN
City Attorney
BY:_~?#;
4
98-41
REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY CLERK
CITY HALL
300 North "D" Streel
San Bernardino, CA 92418
APN: 0152-022-25
SPACE ABOVE FOR RECORDER'S USE
EASEMENT
SANDRA L. KNIGHT, a married woman who acquired title as 8D unmarried woman
FOR A V ALUABLE CONSIDERATION, receipl of which is hereby acknowledged, Hereby Grants 10 the CITY
OF SAN BERNARDINO, a municipal corporation, a slope easement and appurtenanl facilities for streel and
highway purposes in, over, under and across ---
the real property in the City or San Bernardino, County or San Bernardino, State of California, described as follows:
That portion oflhe North one-half of Lot 6, Block 22, Tracl No. 1733, Thompson Brothers Poultry Colony, as per
Map recorded in Book 26 of Maps, Pages 71hrough 12 inclusive, records of the Counly recorder of said County
described as follows:
A 7.00 foot strip of land 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 Weslerly lines of said 7.00 fool strip commence on the North line of said Lol6 and
tenninate on the Soulh line of said North one-half of Lo16.
- - CONTINUED ON REVERSE SIDE - -
~' .' f'
,- . ~ ( ( c~
Date- _ .c/Co ~./ Y7(
" <S:>
&- / /" -;(/ .
y~..t ;4k!?:-~2;(f~ p
SANDRA L. KNIGH
This is to certify that the inlerestln real propert)' conveyed by the within
instrument 10 the Cit)' of San Bernardino, California, a municipal
cOIporation, Is hereby acceplCd by order of the Cil)' Council, and
granlee consents to the recordation thercofby its duly authorized omcer.
ACKNOWLEDGEMENT OF GRANTOR(5):
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
COUNTY OF klll-.- &A/71 t.Ul .sV.-ro-O
on,;2/9jrU hefone, 6/ffN C, (JCJn1FZ-
/ I
p",onallyappeared SanclrtJi L. Knijkf
5.5.
By:
City Clerk
Date:
personally known 10 me (or proved to me on the basis of Slt!!!:...ac1nq' a,,~.t~nw 10 be the
person~ whose namc(j) islyc subscribed to the within insuumentllld acknowledged to
me thalJK9sheJ~ e1l.ecuted the same in ~r~authorized C8plll:ity(i.osf, and that by
piCher/t!Jltif signlture~ on the instrument the personiJ) . or the entity on behalf of which
person(J)lCted.execulcdtheinsuumenl.
WI1~~~andOffiC;IS~'
Signature
FOR NOTARY SEAL OR STAMP
Location: E/S Kendall Dr. between
Arrowhead and "36th St.
File No.: 15.02-I372/B
Eileen C. Gomez
Comm. .'1450113 r
TAflYPlJIllC.CIlllfOllHIA
IANBE"'-!\DlH(ICOOHTY 0
ColIIIIfI-E.p,Julrl.2001 ..