HomeMy WebLinkAbout1992-195
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RESOLUTION NO. 92-195
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING A CERTAIN DISPOSITION
AGREEMENT AND GRANT OF EASEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
THE CITY OF SAN BERNARDINO PERTAINING TO CERTAIN REAL
PROPERTY LOCATED WITHIN THE UPTOWN REDEVELOPMENT
PROJECT AREA
WHEREAS, the city of San Bernardino, California (the
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"city") is a municipal corporation and a charter city duly
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created and existing pursuant to the Constitution and laws of the
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State of California; and
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WHEREAS, the Community Development Commission of the
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City of San Bernardino (the "Commission") on behalf of the
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Redevelopment Agency of the city of San Bernardino (the
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"Agency"), is a redevelopment agency, a public body, corporate
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and politic of the State of California, organized and existing
pursuant to the Community Redevelopment Law (Part 1 of Division
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of the State of California (the "Act)"; and
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WHEREAS, the Redevelopment Plan for the Uptown
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Redevelopment Project (the "Redevelopment Plan") was previously
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approved and adopted by the Mayor and Common Council of the city
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of San Bernardino by Ordinance No. MC-52?, dated June 18, 1986;
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and
WHEREAS,
section 33391 of the Act provides that a
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redevelopment agency may acquire any real or personal property
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1 within a redevelopment project area or for the purposes of
2 redevelopment and section 33430 of the Act provides that a
3 redevelopment agency may dispose of any real or personal property
4 within a redevelopment project area or for the purposes of
5 redevelopment; and
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7 WHEREAS, the Agency and the City desire to enter into
8 a certain Disposition Agreement (the "Agreement"), a copy of
9 which is attached hereto as Exhibit "A" and incorporated herein
10 by reference, pursuant to which, among other matters, the City
11 would acquire from the Agency certain real property (the
12 "Property") which is described in Exhibit "A" to the Agreement.
13 The Property is located in close proximity to the area which is
14 subject to the Redevelopment Plan (the "project Area"). The
acquisition of the Property would be for use by the San
Bernardino Water Department in order to provide water services to
the area surrounding the Property, and the Property shall be used
in conformity with the Redevelopment Plan; and
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25 property which is described in Exhibit "B" to the Easement, until
26 such time as the City accepts the dedication of Acacia Street;
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WHEREAS, the Agency and the City desire to enter into
a certain Grant of Easement ("Easement"), a copy of which is
attached hereto as Exhibit "B" and incorporated herein by
reference, pursuant to which, the city would acquire from the
Agency an easement for ingress and egress across certain real
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1 WHEREAS, the Agency Staff has prepared and made
2 available for public inspection a certain Summary Report (the
3 "Summary") concerning the proposed Agreement and Easement, as
4 required by Health and safety Code section 33433, a copy of which
5 is on file with the Agency and is incorporated herein by
6 reference; and
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8 WHEREAS, the city Staff has duly noticed and conducted
9 a public hearing in accordance with the requirements of Health
10 and Safety Code section 33433 concerning the proposed sale of the
11 Property by the Agency to the city pursuant to the proposed
12 Agreement and the proposed grant of an easement for ingress and
13 egress by the Agency to the city pursuant to the proposed
14 Easement; and
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16 WHEREAS, the City has duly noticed and conducted a
17 public hearing in accordance with the requirements of Health and
18 Safety Code section 33431 concerning the proposed sale of the
19 Property by the Agency to the city pursuant to the proposed
20 Agreement and the proposed grant of an easement for ingress and
21 egress by the Agency to the City pursuant to the proposed
22 Easement; and
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WHEREAS, based upon evidence and testimony submitted to
the City, it is reasonable and appropriate for the City to
approve the proposed Agreement and the proposed Easement.
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1 NOW, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND COMMON COUNCIL
2 OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
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4 SECTION 1. The Council finds and determines that
5 the use of the Property as described in the proposed Agreement is
6 within the scope, terms and provisions of the Redevelopment Plan.
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8 SECTION 2. The Council finds and determines that
9 the consideration to be paid by the City for the Property is not
10 less than the fair market value of the Property.
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12 SECTION 3. The city has held a public hearing on
13 the disposition of the Property and the grant of an easement in
14 accordance with Health and Safety Code sections 33431 and 334333
15 and hereby accepts and approves the Summary as prepared by Agency
Staff.
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18 SECTION 4. The Council hereby approves the proposed
19 Agreement and the conveyance of the Agency I s interest in the
20 Property to the City. The Council authorizes the Mayor and the
21 City Clerk to execute the Agreement and to execute such other
22 documents as may be necessary to implement the Agreement and to
23 make any necessary non-substantive changes in the Agreement as
24 may be approved by the City Attorney.
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27 Easement.
SECTION 5. The Council hereby approves the proposed
The Council authorizes the Mayor and the City Clerk
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1 to execute the Easement and to make any necessary non-substantive
2 changes in the Easement as may be approved by the city Attorney.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A CERTAIN DISPOSITION AGREEMENT AND GRANT OF
2 EASEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO AND THE CITY SAN BERNARDINO PERTAINING TO CERTAIN
3 REAL PROPERTY LOCATED WITHIN THE UPTOWN REDEVELOPMENT PROJECT
AREA
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HE:
SALE OF 2730 NORTH "E" ST TO CITY OF S BONO WATER DEPT
SECTION 6.
The findings and determinations herein
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shall be final and conclusive. This Resolution shall take effect
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upon the date of its adoption.
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I HEREBY CERTIFY that the foregoing Resolution was duly
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adopted by the Mayor and Common Council of the City of
9 San Bernardino at a
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regular
meeting
1st
June
thereof, held on the
day of
,
1992, by the following vote, to wit:
12 Council Members:
13 ESTRADA
REILLY
14 HERNANDEZ
15 MAUDSLEY
MINOR
16 POPE-LUDLAM
MILLER
NAYS
ABSTAIN
ABSENT
AYES
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----r::j /.. ;.~
~ ..'--t~t. (.. J- "")-~.I---:)'--i,--l2,t__t.--
city Clerk ~.
day of
June
The foregoing resolution is hereby
3rd
of
23 Approved as to form and legal content:
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JAMES F. PENMAN
City Attorney
B~~_.P.D......)
SBOO 1\ 78
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City of 5 Bdno Res No 92-195 and 92-196 adopted 6/1/92
DISPOSITION AGREEMENT
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Seller agrees to sell and convey, and Buyer agrees to
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purchase the real property situated in the City of San
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Bernardino, California ("Property") and more particularly
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described in Exhibit A, which is attached to this Agreement and
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is incorporated herein by reference, on the following terms and
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con ~ ~ons:
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This Disposition Agreement ("Agreement") is entered
into on June 1 , 1992, by and between the Redevelopment
Agency of the City of San Bernardino, a public body, corporate
and politic ("Seller") and the City of San Bernardino, a
municipal corporation ("Buyer").
section 1.
Purchase Price.
The total purchase price of the Property is Seventy
Five Thousand Dollars ($75,000.00), payable by Buyer to Seller
upon transfer of title by Grant Deed, a copy of which is attached
hereto as Exhibit "A" and is incorporated herein by reference.
section 2.
Conditions.
In accordance with the provisions of Health and Safety
25 Code sections 33432, 33435 and 33436, the transfer of title to
26 the Property is subject to the following conditions:
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a) The Buyer shall use the Property in conformity
with the California Community Redevelopment Law,
Health and Safety Code sections 33000 et. seq.
b) The Buyer covenants by and for itself, and its
successors and assigns, that there shall be no
discrimination against or segregation of, any
person or group of persons, on account of race,
color, creed, religion, sex, marital status,
national origin, or ancestry, in the sale, lease,
sublease, transfer, use, occupancy, tenure or
enjoyment of the Property, nor shall the Buyer,
its successors or assigns, establish or permit
any such practice or practices of discrimination
or segregation with reference to the selection,
location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees in the
Property. These covenants shall run with the
land and shall be binding upon and shall obligate
the Buyer and Seller.
Section 3.
Miscellaneous.
(a) Seller is transferring its title to the Property
subject to all liens, claims, encumbrances and encroachments on
the Property, which were in existence on the date when the Seller
acquired the Property from the San Gorgonio Land Company. Seller
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1 is not providing Buyer with a title insurance policy in
2 connection with this Agreement.
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4 (bl Buyer represents that this Property is necessary
5 for use by the San Bernardino Water Department in order to
6 provide water services to the area surrounding the Property.
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8 (cl Pursuant to a certain Grant of Easement, Seller is
9 further granting to Buyer an easement for ingress and egress
10 across the easternmost 25 feet of lots 25 to 30, inclusive, Block
11 1, Tract No. 1733 in the County of San Bernardino, State of
12 California, as per plat recorded in Book 26 of Maps, Pages 7 to
13 12, inclusive, records of said County, until such time as the
14 Buyer accepts the dedication of Acacia Street.
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Section 4.
Entire Aareement.
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This Agreement and the attached Exhibit constitute the
agreement between the parties relating to the Property.
Any prior agreements, promises, negotiations, or representations
not expressly set forth in this Agreement are of no force and
effect. Any amendment to this Agreement shall be of no force and
effect unless it is in writing and signed by Buyer and Seller.
Section 5.
Attornev's Fees.
If any action, proceeding or arbitration arising out of
or relating to this Agreement is commenced by either party to
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this Agreement, then as between Buyer and Seller, the prevailing
party shall be entitled to receive from the other party, in
addition to any other relief that may be granted, the reasonable
attorney's fees, costs, and expenses incurred in the action,
proceeding or arbitration by the prevailing party.
section 6.
Bindina Effect.
This Agreement shall be binding on and inure to the
benefit of the parties to this Agreement and their successors and
assigns.
section 7.
Governina Law.
This Agreement and the legal relations between the
parties shall be governed by and construed in accordance with the
laws of the State of California.
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1 Executed at San Bernardino, California, on the date
2 first above shown.
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APPROVED AS TO FORM AND
9 LEGAL CONTENT:
10 By: Jl,M~~ J
11 /~~Y'C~el
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ATTEST:
Q,-~~
City crerk ~
19 APPROVED AS TO FORM AND
LEGAL CONTENT:
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James F. Penman
21 Ci~y A~:~",AW /)
22BY~~~)
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SBBO\OOJl~76
24 05\27\92 I(HO
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REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
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STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
)
) ss.
)
On this ~ day of June , 1992, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared Kenneth J. Henderson, known to me (or proved
to me on the basis of satisfactory evidence) to be the person who
executed the within instrument, and acknowledged to me that he
executed the same.
~f2~ ~
AT.RRRT JAY MONO?
(Name, typed or printed)
._ - - . - - - - - - .. - - - a,
... Al.8ERT JAY MUNOZ Cl
.. Comm. * 893257 :Ill
a: .. s.u IU""1I01"0 COUN'IY
Q IOTAIlY 'UBlIC-CALlfORNIA :
ttyCOlllfll,hp, oct. 1, UM
)..............9.......;-:...~"......J.
(Space above for Official Seal)
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)
) ss.
COUNTY OF SAN BERNARDINO )
On this (3,-J day of ~Jl R. , 1992, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared W.R. Holcomb, Mayor of the City of
San Bernardino, known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed the within
i ument,and bknOWledged to me that he executed the same.
., I (!~
STATE OF CALIFORNIA
. OFFICIAL SEAL
, ~ ~..,= N~~~~~~~~~~F~M~IA
, ,0 SAN BERNARDINO COUNTY
j; , My Ccomm. Elptle~ ::eo 10.1995
( gnat e)
"--"''01
matZf;1 if UAr7u?
(Name, typed or printed)
(Space above for Official Seal)
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City of S Bdno Res No 92-195 and 92-196 adopted 6/1/92
RECORDING REQUESTED BY:
Redevelopment Agency of the
City of San Bernardino
201 North "E" Street, Third Floor
San Bernardino, California 92401
WHEN RECORDED MAIL TO:
Redevelopment Agency of the
City of San Bernardino
201 North "E" Street, Third Floor
San Bernardino, California 92401
Attn: James Sharp, Project Manager
This Space for Recorder's Use
GRANT OF EASEMENT
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
.
DOCUMENTARY TRANSFER TAX is NOT APPLICABLE/GOVERNMENTENTITY
[ ] _ unincorporated area [ ] City of
Parcel No:
[ ] computed on full value of property conveyed, or
[ ] computed on full value less value of liens or encumbrances remaining at time of sale, and
This Agreement made this -1.. day of June, 1992, by and between THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body corporate and
politic ("Grantor") and THE CITY OF SAN BERNARDINO, a municipal corporation ("Grantee").
WHEREAS, Grantor is the owner of certain real property located in the City of San
Bernardino, County of San Bernardino, State of California (the "Servient Tenement"), as more fully
described in the legal description attached hereto as Exhibit "A", which is incorporated herein by this
reference; and
WHEREAS, Grantee is the owner of certain real property located in the City of
San Bernardino, County of San Bernardino, State of California (the "Dominant Tenement"), as more fully
described in the legal description attached hereto as Exhibit "B" which is incorporated herein by this
reference; and
WHEREAS, Grantee desires to acquire certain rights in the Servient Tenement.
NOW, THEREFORE, it is agreed as follows:
Section 1. Grant and Descriotion of Easement. For valuable consideration, Grantor
hereby grants to Grantee an easement for ingress and egress across the Servient Tenement until such time
as the Grantee accepts the dedication of Acacia Street.
Section 2.
the Dominant Tenement.
Character of Easement. The easement granted herein is appurtenant to
Section 3.
Exclusiveness of Easement. The easement granted herein is exclusive.
Section 4. Entire Al!reement. This instrument contains the entire agreement between
the parties relating to the rights herein granted and the obligations herein assumed. Any oral
representations or modifications concerning this instrument shall be of no force and effect, excepting a
subsequent modification in writing, signed by the party to be charged.
Section 5. Attornevs' Fees. In the event of any controversy, claim or dispute
relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover form the
losing party reasonable expenses, attorneys' fees and costs.
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Section 6. Bindinll Effect. This instrumeDt shall be binding on and shall inure to
the benefit of the successors and assigns of Grantor and Grantee.
Executed on June 1
, 1992 at San Bernardino, California.
GRANTOR
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
GRANTEE
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN BERNARDINO )
On this 2nd day of June
in the year 1992, before me, the undersigned, a Notary
Public in and for said County and State, personally
appeared Kenneth I. Henderson, known to me (or proved to
me on the basis of satisfactory evidence) to be the person
who executed the within instrument, and acknowledged to me
that he executed the same.
~p~
ALBERT JAY MUNOZ
(Name, typed or printed)
~
~ . ~ - . - . . - - - . - A,
:.e ALBERt JAY MUNOZ Gl
.. Comm. * 893257 '"
a: .. IAN InNA'DllIt COUNTY en
ItOTAJlT ru'I.tC-c:Ar.IfOlllllA ..
CI III, 1M.... &I,. Dfto I, J'" .
) _ _ . . _ . _ _ . . _ . . _ T
(Space above for Official Seal)
)
) SS.
COUNTY OF SAN BERNARDINO )
On this !; r! day of 5/J.11 e
in the year 1992, before me, the undersigned, a Notary
Public in and for said County and State, personally
appeared W.R. Holcomb, known to me (or proved to
me on the basis of satisfactory evidence) to be the person
who executed the within instrument, and acknowledged to me
~ executed the s11
a?~ W1t-~
(Si e)
/71 {)f2(;t~ Vf}/?Ct'.-
(Name, typed or printed)
STATE OF CALIFORNIA
OnICnL sz.~.,j.
MARGIE VANCE'
. NOTARY PUBlIC. CAlIFl)lY.;~A
SAN BERNARDINO COL'WTY
",eomm.ElrpofMF.~, 10. '~95
(Space above for Official Seal)
SIlIlOCXXlllOOC\.577
City of S Bdno Res Nos 92-195 & 92-196 adopted 6/1/92
EXHffiIT . A .
LEGAL DESCRIPTION OF SERVIENT TENEMENT
THE EASTERNMOST 2S FEET OF LOTS 2S TO 30, INCLUSIVE, BLOCK 1,
TRACT NO. 1733 IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS PER PLAT RECORDED IN BOOK 26 OF MAPS, PAGES 7 TO
12, INCLUSIVE, RECORDS OF SAID COUNTY.
City of S Bdno Res Nos 92-195 & 92-196 adopted 6/1/92
EXHIBIT "B"
LEGAL DESCRIPTION OF DOMINANT TENEMENT
TIlE EAST 140.25 FEET OF LOTS 25 TO 30, INCLUSIVE, BLOCK 1, TRACT NO.
1733 IN TIlE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER
PLAT RECORDED IN BOOK 26 OF MAPS, PAGES 7 TO 12, INCLUSIVE,
RECORDS OF SAID COUNTY.
EXCEPTING TIlEREFROM TIlE EASTERNMOST 25 FEET OF LOTS 25 TO 30,
INCLUSIVE.