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Home My WebLink About1995-044 - . Re'l1,ested by' ilnd when n~cornerl md i] to e City Cler-k, City H,,]l 300 North "j)" street Siln Bernardino, CA 92418 1 2 3 4 5 RESOLUTION NOo 95-44 6 RESOLUTION OF THE CITY OF SAN BERNARDINO AlITHORIZING THE ACCEPT- ANCE AND EXECUTION OF AN AGREEMENT WITH ROBERT AND CAROL DOEMNER FOR STREET 7 WIDENING AND OTHER IMPROVEMENTS, ACROSS PORTIONS OF THEIR BUSINESS PROPERTY LOCATED AT 3939 "H" STREET. 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 9 BERNARDINO AS FOLLOWS: 10 SECTION 1. That the Mayor of the City of San Bernardino is hereby 11 iluthorized ilnd directed to execute ilnd ilccept on behalf of silid City, iln 12 Agreement with Robert ilnd Cilrol ])oemner, il copy of which is ilttached hereto 13 and incorporated by reference herein, ilS ful ly as though set forth in 14 length, mal-ked F.xhibit "A", for the widening and improvement "H" street, and 15 more pilrticularly described in said Agreement and concerning that certain 16 17 18 19 real property in the City of San Bernardino, County of San Bernardino, State of California, generally located on the East side of "H" street and known as Bob's Auto Electric, 3939 "H" Street, San Bernardino, California. SECTION 2. The iluthorization to execute the above-referenced 20 agreement is rescinded if the parties to the agreement fail to execute it 21 within thirty (30) days of the passage of this resolution. 22 / / 23 / / 24 / / 25 / / 26 / / 27 / / 28 / / 01/30/95 1 /':r'" ./'// ,{.~) ...(/ ACCBPTANCE AND BXBCUTION OF AN AGREEMENT: STREET WIDENING AND. OTHER IMPROVE- MENTS:" 3939 "H"'STREET, SAN BERNARDTNO, ROBERT AND CArlOL IXlEMNER 1 I HEREBY CERTIFY thflt the foregoing resolution WflS duly adopted by 2 the Mayor and Common Council of the CH.y of Sfln Bernardino fit a 01/30/95 3 urejju1ar______meeting thereof held on the 20th clflY of .... Febr_uar:c 4 1995, by the following vote, to-wit: 5 6 7 8 9 10 11 12 13 14 15 16 17 COUNCIL MEMBERS: AYES NAYS ABSTAIN NRGRETE CURLIN x HRRNANDRZ x OBERHEJ ,MAN x DEVLIN x POPE-LUDLAM x MILLER x ABSENT x __ f? ~__~________m_ R~ CLARK, City Clerk 18 The foregoing resolution is hf'reby approved this __2.:2..Il<L 19 20 21 22 23 24 Approved as to form and legal content: ..' 1995. . ____F_~_b:ruar)7__ ~~~(MJ1d~~1i~ City of San Bernardino 25 26 27 28 JAMES Fo PENMAN, City Attorney ~ 71t~~.. 2 day of .r" ,( :t.'..... r;s . '-1'1 - .... 95-077806 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROBERT W. AND CAROl. L. OWNERS OF BOB'S AUTO ELECTRIC LOCATED AT 3939 "H" STREET, SAN BERNARDINO, SAID PROPERTY IS ALSO REFERENCED BY ASSESSOR'S PARCEL NUMBER 151-181-J9. DOEMNER, CA 92404. ROBERT W. and CAROL L. DOEMNER, owners of BOB'S AUTO ELECTRIC, hereby agree to dedicate an easement for street and highway purposes to the CITY OF SAN BERNARDINO, contingent upon the CITY'S agreement to the following conditions of consideration for said easement, as evidenced by their signatures and countersignatures on this AGREEMENT: 1. The CITY shall construct a four inch (4") sewer lateral from the main sewer line in "H" Street to the back edge (East side) of the proposed new sidewalk as shown on Exhibit "B" (attached) at no cost to the DOEMNERS and/or BOB'S AUTO ELEC- TRIC. 2. The CITY shall install a one inch (1") asphalt overlay over approximately l70(J square feet of BOB'S AUTO ELECTRIC parking lot as shown on Exhibit "B" (attached) at no cost to the DOEMNERS and/or BOB'S AUTO ELECTRIC. 3. The CITY shall make a one-time payment to the DOEMNERS or BOB'S AUTO ELECTRIC, of One Thousand Five Hundred Dollars ($1,500.0(J) to compensate them for lost busi- ness and for additional advertising costs necessary to promote their business (BOB'S AUTO ELECTRIC) located on the subject property. Access to the DOEMNERS' business wi II be restricted to entry from Kendall Drive as "H" Street will be blocked for a period of approximately sixty (60) days while the new box culvert is constructed at the San Bernar'dino County Flood Contro 1 District's channel. 4. The DOEMNERS and/or BOB'S AUTO ELECTRIC, hereby agree to pay any and al I sewer connection fees, sewer capacity fees and any other incidental fees required by the CITY prior to their connection of the sewer lateral described in ill above and shown on Exhibit "B" (attached). 5. The DOEMNERS and/or BOB'S AUTO ELECTRIC, hereby grant permission to the CITY and/or to their agents, employees, or representatives, to enter and construct those items set forth in ill and il2 above. It is understood that this permission is not an easement and is not a waiver in any way of the right of ownership for, or inter- est in, such land. This "PERMISSION TO ENTER AND CONSTRUCT" is granted in consid- eration of the location and construction of such street, sewer, parking, and drain- age improvements, which it is understood are requested by the CITY OF SAN BERNARDI- NO, and shall continue in effect until such street, sewer, parking, and drainage improvements are completedo DATE: :7d;&~-L~---------- BOB'S AUTO ELECTRIC DATE: February 22, 1995 ---------------------------------- CITY OF SAN BERNARDINO {?-?~~~----- ~O~T~. DOEMNER ~>~ ..-/ / /- - .4""~ CA . L. 'Ji(i~NF.~-- --~------------ ~/u T'~1~(~-it~------------- ___9~_~~ t. ~__~__~___n____ RA~CLARK, City Clerk 3939 "H" Street San Bernardino, CA 92404 (909) 883-6660 (wk) (909) 883-5309 (hm) .300 North "D" Street San Bernardino, CA 92418 (909) 384-,,328 15.02-1325 01/09/95 adb EXHIBIT "A" '7 ......-...--- a r,~lllf 1__.,- i' ... i- REQUESTED BY A}..:,') WHEN RECOlttJED ..lAIL TO: CITY CLERk CITY HALL 300 North "0" Street San Bernardino, California 92418 Recorded in Official Record_, County of San Bernardino, Errol J. Mackzum, Recorder Doc No. 19950077806 8:00am 03/15/95 PO fEE APF GlMB CHRG EXAM 1I0llS L111 5 IVY cn.co E A S E HEN T ROBERT W. OOEMNER and CAROL L. OOEMNER, husband and wife .........-......................................................................................................................................--.-~.....-...-.........--....... ..-_..............-.................-...........-....-..............-...--............-.......................................................................................... (Grantor. Grantors) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, (See attached Exhibi ts "A'I & I 'E'I) Do ......... Hereby Grant to the CITY OF SAN BERNARDINO, a Municipal Corporation, ._..........h....~?..~.~~.~~.~:!.~..!..~::..hn. .......~.!!:~~.~.!...~.l}.~...~.!.~.~.!.~X..P.~::P.~.~.~.~.~.n~~.'...~~~:!...~~~=-..~~~..~~~?~~:.:.:.:.:................................................... the real properly in the City of San Bernardino, County of San Bernardino, State of California, described as follows: That portion of the Northeast 1/4 of Section 21, Township 1 North, Range 4 West, San Bernardino Meridian, if said section lines were extended across the Rancho Muscu- piabe, as per plat thereof recorded in Book 7, of Maps, Page 23, in the office of the County Recorder of said County, described as follows: Commencing at the intersection of the North line of Kendall Drive as described in the deed to the County of San Bernardino recorded in Book 156, Page 324, Official Records of said County, and the East line of "H" Street (Second Avenue), as '" '" III OVER ,. . A .~.~ This is to certify that the iOlereU.in relit property convevtld by the within instrumeOl ,to the City 01 San Bernardino. Caldorn'a. a mun'<;IPal <;orpofllllon. ;$ hllrllby accePllld by order of Ihe C,1V Coun<;iJ. and thll grante6 con~nn to the re<:ordahon thereof by ,n duly aulhoriztld officllr. D."" ....J..'c:!,..:.::.!...:.'I>..~.7.,.L't.f.q CITY OF SAN BERNARDINO 8, ..~~..~.':&:u.... City Clerk ACKNOWLEDGEMENT OF GRANTOR: STATE OF CALIFORNIA ss. COUNTY OF 5::.rln Rprni'lrn; no On 3-9.~95 before me. Rachel R. Shay ~ruilly~~ Robert w Do~mnpr ann Carol L. Doemner personally known 10 me (or proved 10 me on the buis of satisfactory evidence) IObe1hcpcnon(I)Wb9R=:e~bed_lOtheWithininslrUmentand aclcnow~ed to me that h cDcuIJiJii lime iiiliWha-/thcir autho. rized capllCuy(ics), and that by hWhcr/lhcir signature(s) on the instrument the person(s), or the entity upon behalf of which the pcrson(s) actod, executed the UlSlrUmmL WI1NESS my hand and official seal. Signa Location ..._~.g.d:.I.J:..<:.~...J5..~.I}.~.~.U..~!".~~~.....m.m... FOR NOTARY SEAL OR S ;utp ADB i. RACHEL R. SHAY 1 CIl' COMM. No. 997208 ::0 : NOTARY PUBUC. CAUFORNIA : C1 SAN BERNARDINO COUNTY ... My CommiSSion Expires August 2, 1997 J ...._......_.....~~.;>.t..~J.c.f.~.._9.L.~.~.'~..~!!".~~!............. FiI, No. ...J.~.,.9...7.l.n~..u.........................u....u A.P.N. 151-181-19 ~ (}~-llll ;.. ' 95-077806 LEGAL DESCRIPTION (CONTINUED) described in the deed to the County of San Bernardino recorded in Book 212. Page 174, Official Records of said CountYi thence North 000 24' 00" West along the Ea~t line of tlH" street. a distance of 50 feet to the True Point of Beginning, said point being the Northwest corner of that parcel of land conveyed to Horris Agruss, et UX., by deed recorded in Book 981, Page 124. Official Recanls of said County; ---{fience------ continuing North 000 24' 00 West along said North line. a distance of 135.00 feet, more or less, to the Southerly line of that parcel of land conveyed to the San Bernardino County Flood Control District by deed recorded in Book 1407, Page 304, Official Records of-.8aid_~,Co~ty. spid _~_Et1._beini'_a_.~tr:ip oflllI1d 100 feet wide, the center line of which 1s"250 feet Northerly, at right angles to the center line of Kendall Drive and shown on Map recorded in Book 4. Pages 8 and 9. Record of Surveys of said County; thence Southeasterly along the Southerly line of said San Bernardino County Flood Control District land, a distance of 9.18 feet; thence South and parallel with said East line of "H" street, a distance of 130 feet, more or less, to the North line of said Agruss' property; thence West along said North line to the East line of "H" Street, a distance of B.OO feet to the True Point of Begin- ning. 15.02-1325 street and Highway Easement North of Kendall Drive, East side of "u" Street 151-181-19 .db ~. , ---".~.- 5 --~_._- !J6-tfl/ .. · )J APE..A cF ~PO~t> ..t / &ASe./--f '2-}JT"~ ~" 95-077806 IIPFeoilHIf[f J...D(!fif! 0 I Or g. ~ ~ jlE/J) STOj;}-(' /! ~ P;eAfoJ ('111['11 .,.' IJJ'~. ~"" J31t.51 ;J ~ ;' "~ "':--" ~" ~ ~ ~", '~\; ~ , "'~" "'-""'- 1-/..'1. .... ", .,,~ ~ ScW6'. · . . "', . ~" ' ~, ;-A~J... I..}; .~... .~,/ .""" ~~ f-I11lr '~IIIlt.r """",- .''''~,~ ~ : _..., OUeE:t.fjX " /~ ,~ :" -' ". .. '. -. .' "......./ .'0. ~ ; , ,,0:. " ~~,~~ , -. -> ffi ~ ~i.t) ~ ...... ..... /.3.5' 38' t'> ."", i .6"I"f . i! <l " \ '/\,' '\.- x.\ .f' ")'\ \( '\ "~ ..................... ~~ . , '~ "1- ~ ~~~ 'T<$"'~, i" ~ \ "A) . '\". ~~~-Z '~\......~;::.~ " ~~ "---', .. ~., ~ ,\ ~ ~~'-7 ,~ ~, . "- }) N '-l ...... , ~ ,,~ ~, ~. "- ~ ... ... CITY OF SAN BERNARDINO TYPE OF EASEMENT: STREET AND HIGHWAY FILE NO: 15.02-1325 LOCATION: EAST SIDE OF "H" STREET, NORTH OF KENDALL DRIVE GRANTOR: ROBERT W. AND CAROL L. DOEMNER. A. P. N. 151-181-19 EXHIBIT "B" / / ~ (0