HomeMy WebLinkAbout1992-196
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RESOLUTION NO. 92-196
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
ACCEPTING A GRANT DEED AND A GRANT OF
EASEMENT FROM THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO
WHEREAS, the city of San Bernardino, California (the
"city") is a municipal corporation and a charter city duly
created and existing pursuant to the Constitution and laws of the
State of California; and
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Redevelopment
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WHEREAS, the Community Development Commission of the
"Commission")
ci ty of
San Bernardino
{the
on behalf of the
Bernardino
City
(the
of
the
of
San
Agency
"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
WHEREAS, the Redevelopment Plan for the Uptown
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Redevelopment Project (the "Redevelopment Plan") was previously
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within a redevelopment project
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approved and adopted by the Mayor and Common Council of the City
of San Bernardino by Ordinance No. MC-52?, dated June 18, 1986;
and
WHEREAS,
section 33391 of the Act provides that a
redevelopment agency may acquire any real or personal property
area or
for the purposes of
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1 redevelopment and section 33430 of the Act provides that a
2 redevelopment agency may dispose of any real or personal property
3 within a redevelopment project area or for the purposes of
4 redevelopment; and
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6 WHEREAS, the Agency and the City desire to enter into
7 a certain Disposition Agreement (the "Agreement"), pursuant to
8 which, among other matters, the city would acquire from the
9 Agency certain real property (the "Property") which is described
10 in Exhibit "A" to the Agreement. The Property is located in
11 close proximity to the area which is subject to the Redevelopment
12 Plan (the "Project Area"). The acquisition of the Property would
13 be for use by the San Bernardino Water Department in order to
14 provide water services to the area surrounding the Property, and
15 the Property shall be used in conformity with the Redevelopment
16 Plan; and
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18 WHEREAS, the Agency and the City desire to enter into
19 a certain Grant of Easement ("Easement"), pursuant to which, the
20 City would acquire from the Agency an easement for ingress and
21 egress across certain real property which is described in Exhibit
22 "B" to the Easement, until such time as the city accepts the
23 dedication of Acacia Street; and
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25 WHEREAS, based upon evidence and testimony submitted to
26 the City, it is reasonable and appropriate for the city to accept
27 the proposed Grant Deed of the Property and the proposed Grant of
28 Easement from the Agency.
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NOW, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
SECTION 1. The city hereby accepts the Grant Deed
from the Agency, as set forth in Exhibit "A" attached hereto and
incorporated herein by reference as though fully set forth at
length herein.
SECTION 2. The City hereby accepts the Grant of
Easement from the Agency, as set forth in Exhibit "B" attached
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hereto and incorporated herein by reference, as though fully set
forth at length herein.
SECTION 3. That the property acquired herein shall
be used 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
Law.
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RESOLUTION OF THE MAYOR AND COMMON
BERNARDINO, CALIFORNIA ACCEPTING A
EASEMENT FROM THE REDEVELOPMENT
SAN BERNARDINO
COUNCIL OF THE CITY OF SAN
GRANT DEED AND A GRANT OF
AGENCY OF THE CITY OF
RE: SALE OF 2730 NORTH "E" ST TO CITY OF S HDNO WATER DEFT
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San Bernardino at a
regular
SECTION 4. This Resolution shall take effect upon the
5 date of its adoption.
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7 I HEREBY CERTIFY that the foregoing Resolution was duly
8 adopted by the Mayor and Common Council of the City of
meeting thereof, held on the
1st day of June
, 1992, by the following vote, to wit:
Council Members:
AYES
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
x
x
x
x
x
x
The foregoing
NAYS
ABSTAIN
ABSENT
x
,I,) J ,'i), / ,
j~t\ r.LC.A.\.~i..J:~ 0/ ~--/-<"4--11.._Ci-Y
eity Clerk v
is
resolution is hereby
day of :Inn".
, 1992.
3rd
APPROVED AS TO FORM AND
LEGAL CONTENT:
JAMES F. PENMAN
City Attorney
~)
so 1 79 -
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May6r
San
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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)
<
DOCUMENT ARYTRANSFER TAXis 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 I. Grant and DescriDtion 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 A2reement. 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. Attorneys' 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. Bindin, Effect. This Instrument 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 )
) 55.
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 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.
~9~
ALBERT .JAY HUBOZ
(Name, typed or printed)
~
A A . _ _ _ _ _ _ _ - - - -
:... ALBERT JAY MUNOZ ~
'" Comm. II 893257 :a
cr: . .~" BUMAlDINO COUNTY en
"OTAIlY PU'1.IC-CALlfOlllNlA ...
CI M, tHI.w. h,. Oft, I. 1"4 .
) 9 . . _ . . _ i ~ . . - . - ~
(Space above for Official Seal)
STATE OF CALIFORNIA
)
) ss.
COUNTY OF SAN BERNARDINO )
On this .,3 r! day of :) u.n 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
A executed the s~
a..k~~ t1J1t~
(Si re)
/l1lJ!Zqi~ ;/f}I7Ce-
(Name, typed or printed)
OI'i'IClAL sz.~J.
MARGIE VANCE
NOT,lI,RY PUBlIC . CAt/roM;'"
SAN BERNARDINO COl".'NT'"
UyCOmm. exp.t~ F6-1) 10. 1~9!;I
(Space above for Official Seal)
S8BCKXM)1~77
City of S Edna Res Nos 92-195 & 92-196 adopted 6/1/92
EXHmIT . A .
LEGAL DESCRIPTION OF SERVIENT TENEMENT
THE EASTERNMOST 25 FEET OF LOTS 25 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
EXHffiIT "B"
LEGAL DESCRIPTION OF DOMINANT TENEMENT
THE EAST 140.25 FEET OF LOTS 25 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.
EXCEPTING THEREFROM THE EASTERNMOST 25 FEET OF LOTS 25 TO 30,
INCLUSIVE.
City of 5 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
APN: 149-11-019, 020, 021,
022 and 024
This Space for Recorder's Use
GRANT DEED
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
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a body corporate and politic
("Grantor") hereby GRANTS, ASSIGNS, TRANSFERS AND CONVEYS to THE CITY OF SAN
BERNARDINO, a municipal corporation ("Grantee") all of the right, title and interest of the Grantor,
subject to all matters of record, in that certain real property located in the City of San Bernardino, County
of San Bernardino, State of California, as more fully described in the legal description attached hereto
as Exhibit" A", which is incorporated herein by this reference.
The Grantee herein covenants by and for itself, 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 premises herein conveyed, nor shall the Grantee or 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 herein conveyed. The foregoing covenants shall run with the land.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this ~ day
of June , 1992.
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
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 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.
~~~~
ALBERT JAY KOllOZ
(Name, typed or printed)
..... . - ... ... ... ... ... - ... - - ....
:.. ALBERT JAY MUNOZ GI
III Comm. it 893257 :II
IAIf 8ERN....0INO COUNTY U)
: _onlY pUlue. CAllfOIlHIA ...
MW Comm. hp. Oct. 1, 1994 J
) .... y ~ ~ .... . ..... - - . .;-.... .... ....
(Space above for Official Seal)
SBEO(XX)I\[)()C\574
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City of S Bdno Res 92-195-& 92-196
EXHIBIT. A .
LEGAL DESCRIPTION
THE EAST 140.25 FEET OF LOTS 25 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.
EXCEPTING THEREFROM THE EASTERN MOST 25 FEET OF LOTS 25 TO 30,
INCLUSIVE.
SUBJECT PROPERTY ALSO KNOWN AS APN: 149-11-019, 020, 021, 022 AND 024,
COUNTY OF SAN BERNARDINO, CITY OF SAN BERNARDINO LOCATED HEREWITHIN.