HomeMy WebLinkAboutCDC/2000-06
1
2
3
4
RESOLUTION NO.
CDC 2000-6
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION, AS THE GOVERNING BODY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, APPROVING AND ACCEPTING AMENDMENT
NO. 1 TO SUPPLEMENTAL EASEMENT AGREEMENT BY
AND BETWEEN THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO AND THE SAN BERNARDINO
COUNTY LAW LIBRARY BOARD OF TRUSTEES
5
6
7
8
9
10
11
12
13
WHEREAS, the Redevelopment Agency of the City of San
Bernardino (the "Agency") and the San Bernardino County Law Library
Board of Trustees (the "Law Library") have previously entered into
that certain Easement Agreement dated May 12, 1995, recorded in the
Official Records of the Recorder of the County of San Bernardino as
Document No. 95-205100 (the "Easement Agreement"); and
14
15
16
17
18
19
20
21
22
23
24
WHEREAS, the Agency and the Law Library have previously
entered into that certain Supplemental Easement Agreement dated
December 29, 1995, recorded in the Official Records of the Recorder
of the County of San Bernardino as Document No. 19960001193 (the
"Supplemental Agreement"); and
WHEREAS, the Law Library is not presently using the area
generally described as the "North Parking Lot" and more
particularly described in Amendment No. 1 to Supplemental Easement
Agreement ("Amendment No.1") and desires to return the use of said
25
26
27
28
area to the Agency until such time as the Law Library requires the
use of the area by execution of Amendment No.1;
SBEOI0001/ooc/3620
3/6100 dgw
1
CDC 2000-6
1 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
2 THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO,
3 AS FOLLOWS:
< .
4
5
6
Section 1.
The facts set forth
in
the Recitals of
this Resolution are true and correct.
7
8
9
10
11
Section 2.
Based upon the record submitted at the
meeting at which this Resolution was approved by the Commission, as
the governing body of the Agency, the Commission hereby finds and
determines that the terms of Amendment No. 1 are acceptable to the
12 Commission. The Commission is informed by the Law Library, by the
13 Law Library's previous execution of Amendment No.1, that the terms
14 of Amendment No. 1 are acceptable to the Law Library.
15
16
Section 3.
The Commission hereby approves and accepts
17 Amendment No.1, as attached hereto as Attachment No. 1 and
18
19
20
21
22
23
24
25
26
27
incorporated herein by this reference.
The Chairperson of the
Commission of the Agency is hereby authorized and directed to
execute Amendment No. 1 on behalf of the Agency.
III
III
III
III
III
III
III
28
SBEO/0001/DOC/3620
3/6/00 dgw
2
. CDC 2000-6
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION, AS THE
GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
2 BERNARDINO, APPROVING AND ACCEPTING AMENDMENT NO. 1 TO SUPPLEMENTAL
EASEMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE
3 CITY OF SAN BERNARDINO AND THE SAN BERNARDINO COUNTY LAW LIBRARY
BOARD OF TRUSTEES
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly
6 adopted by the Community Development Commission of the City of
7 San Bernardino at a
joint regular
meeting
8 thereof, held on the 20th
day of
March
2000, by the
9 following vote, to wit:
10
11 Commission ~ NAYS.
ESTRADA X
12 LIEN X
MCGINNIS X
13 SCHNETZ y
SUAREZ X
14 ANDERSON
MILLER y
15
16
ABSTAIN
ABSENT
The foregoing Resolutio
March , 2000.
X
17
18 day of
19
20
21
22
23
By:
24
25
26
27
28
approved this cR/5
gal
SBEO/0001/OOC/3620
3/6/00 dgw
3
CDe 7-000-6
1 ATTACHMENT NO. 1
2
AMENDMENT NO. 1 TO SUPPLEMENTAL EASEMENT AGREEMENT
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
SBEO/0001/DOC/3620
3/6/00 dgw 5
PI.EA8E CCMII.EIE 11. .wOAllAlION
Recorded in Official Records, County of
San Bernardino, Larry Walker, Recorder
No Fee
Doc No. 20000280683
3:49pm 08/03/00
RECORDING REQUESTED BY:
AND MEN RECORDED IIIIAIL TO:
City Clerk's Office
P.O. Box 1318
San Bernardino, CA 92402
Attn: Michelle Taylor
205 20261429 02 04
5
lOll IT LI m CIT-l:O TIIAIS TAX
6
OA CHRG
EXAM
SPACE ABOVE FOR RECORDER'8 USE ONLY
Amendment No. 1 to Supplemental Easement Agreement
1itIe of Document
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORIIAnON
($3.00 AddItIonal RacordIng Fee AppI_)
.-' -WIl-
(I:-~l
4.
.
. .
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
RECEIVEO--C1F CLEF~
Economic Development Agency
of the City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, CA 92401
Attn: Executive Director
'00 ArR -3 P 3 :28
(Space Above Line Reserved For
Use By Recorder)
RECORDATION OF THIS INSTRUMENT
IS EXEMPT FROM ALL FEES
AND TAXES
AMENDMENT NO. 1 TO SUPPLEMENTAL EASEMENT AGREEMENT
THIS AMENDMENT NO. 1 TO SUPPLEMENTAL EASEMENT AGREEMENT
("Amendment No.1") is entered into as of , 2000,
by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, a public body corporate and politic (the "Grantor"),
and the SAN BERNARDINO COUNTY LAW LIBRARY BOARD OF TRUSTEES (the
"Grantee") with teference to the following facts:
RECITALS
WHEREAS, Grantor is the owner of certain real property
situated in the City of San Bernardino, County of San Bernardino,
California, as more particularly described in Exhibit "A"
attached hereto and incorporated herein by this reference (the
"Servient Tenement"); and
WHEREAS, Grantee is the owner of certain real property
situated in the City of San Bernardino, County of San Bernardino,
California, as more particularly described in Exhibit "B"
attached hereto and incorporated herein by this reference (the
"Dominant Tenement"); and
WHEREAS, Grantor
into that certain Easement
in the Official Records of
Bernardino as Document No.
and
and Grantee have previously entered
Agreement dated May 12, 1995, recorded
the Recorder of the County of San
95-205100 (the "Easement Agreement");
SBEO/0001/DOC/3609-1
2/7/00 dgw
1
~,
. ,
WHEREAS, Grantor and Grantee have previously entered
into that certain Supplemental Easement Agreement dated December
29, 1995, recorded in the Official Records of the Recorder of the
County of San Bernardino as Document No. 19960001193 (the
"Supplemental Agreement"); and
WHEREAS, Grantee is not presently using the area
described in Exhibit "C" attached hereto and desires to return
the use of said area to Grantor until such time as Grantee
requires the use of the area; and
WHEREAS, Grantor and Grantee now desire to amend the
Supplemental Agreement;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES
CONTAINED HEREIN AND FOR OTHER GOOD AND VALUABLE CONSIDERATION,
THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO
AGREE, AS FOLLOWS:
TERMS
Section 1.
Incorporation Bv Reference.
The Easement Agreement, the Supplemental Agreement and
the Recitals set forth above are hereby incorporated into this
Amendment No. 1 by this reference, as though fully set forth
herein.
Section 2.
Defined Words And Phrases.
All words and phrases indicated by initial caps in this
Amendment No. 1 which are not expressly defined herein shall have
the same meanings and definitions attached to them in the
Easement Agreement and/or the Supplemental Agreement.
Section 3.
The Sublect North Parkinq Lot.
In accordance with the terms of the Easement Agreement
and the Supplemental Agreement, Grantor has granted to Grantee an
easement appurtenant in the parking lot specifically described in
Exhibit "C" attached hereto and incorporated herein by this
reference (the "North Parking Lot"), as well as easements in
other real property.
Section 4.
Amendment To Supplemental Aqreement.
In consideration of the Grantor constructing a fence
along the Southerly line of the North Parking Lot to match the
SBEO/0001/DOC/3609-1
2/7/00 dqw
2
" '
I ,
existing fencing around the Westerly and Northerly lines of the
North Parking Lot the Grantee hereby consents to amendment of
Paragraph 5 of the Supplemental Agreement to read, in its
entirety, as follows:
"5. (a) Grantee's use of the easement granted in
this Agreement shall be exclusive, subject to the provisions of
Subparagraph (b). Grantor shall not grant or assign to others
any right of way or easement in the Servient Tenement, except as
set forth in Subparagraph (b). Notwithstanding the terms of this
provision, Grantor reserves the right to use the Servient
Tenement in any manner consistent with Grantee's free use and
enjoyment of the easement.
(b) The Grantor shall have the right to use
the North Parking Lot for ingress, egress and parking of vehicles
on the North Parking Lot for any purpose and may license the use
of all or any portion of the North Parking Lot to third persons
for such uses, until such time as the Grantee commences exclusive
use of the North Parking Lot. Prior to commencement of exclusive
use of the North Parking Lot, Grantee shall give notice to the
Grantor of a date certain on which the Grantee's exclusive use of
the North Parking Lot shall commence, which date shall be at
least twelve (12) months following the date on which such notice
is received by the Grantor. Grantee shall not have any right to
give the notice of its exclusive use of the North Parking Lot, as
required herein,-until at least twelve (12) months following the
date of recordation of this Amendment No. 1 in the Official
Records of the Recorder of the County of San Bernardino. Any
notice given by the Grantee to the Grantor under this Paragraph 5
shall only be effective when actually received by the Grantor.
Upon Grantee's compliance with the provisions of this Paragraph
5(b), on the date certain stated in Grantee's notice, Grantee's
use of the North Parking Lot, granted in this Agreement, shall
become exclusive. Any failure of Grantee to strictly comply with
the notice requirements of this Paragraph Sib) shall prevent the
Grantee's exclusive use of the North Parking Lot from commencing,
until such time as a complying notice is received by the Grantor.
(c) Beginning on the Effective Date (as
defined below) of this Amendment No.1. and until such time as
the Grantee commences exclusive use of the North Parking Lot,
Grantor shall be responsible for the repair and maintenance of
the North Parking Lot consistent with the condition of the North
Parking Lot, as of the Effective Date, and shall be responsible
for arranging and paying for all services supplied to the North
Parking Lot, which may include, but shall not be limited to,
sweeping service, security, electricity, gas, telephone, light
SBEO/0001/DOC/3609-1
2/7/00 dgw
3
. '
and water. Additionally, the Grantor shall have the right to
improve the existing fence along to Westerly line of the North
Parking Lot to include a portal for pedestrian access to and from
the North Parking Lot, if the Grantor deems such improvement
desirable."
Section 5.
Effective Date.
This Amendment No. 1 shall take effect immediately upon
its recordation in the Official Records of the Recorder of the
County of San Bernardino (the "Effective Date").
Section 6.
Subiect to Other Terms and Provisions of
the Easement Aqreement and the
~lemental Aqreement.
This Amendment No. 1 shall in all respects be subject
to the terms and provisions of the Easement Agreement and the
Supplemental Agreement, except with respect to any terms or
provisions expressly amended or modified or contradicted herein.
In the event of any conflict between the terms of this Amendment
No. 1 and the terms of the Easement Agreement or the Supplemental
Agreement, the terms of this Amendment No.1 shall control.
Section 7.
Governinq Law.
This Amendment No. 1 shall be governed by the laws of
the State of California.
Section 8.
Entire Aqreement.
This Amendment No.1, the Easement Agreement and the
Supplemental Agreement constitute the entire agreement between
the parties and may not be amended without the prior written
consent of the parties hereto. This Amendment No. I supersedes
all prior negotiation, discussions and previous agreements
between the parties concerning the subject matters amended
herein. The parties intend this Amendment No.1 to be the final
expression of their agreement with respect to the terms amended
herein and a complete and exclusive statement of such terms. No
modification, amendment or waiver of any term herein shall be
binding unless executed in writing by the parties hereto.
Section 9.
Modification.
This Amendment No. 1 may be modified or amended as
deemed necessary by written instruments duly approved and
executed by the parties hereto. Any such modifications or
SBEO/000l/DOC/3609-1
2/7/00 dgw
4
amendments shall be valid, binding and legally enforceable only
if in written form and executed by the parties hereto after the
same have been duly approved and authorized for execution.
Section 10.
Severability.
Each and every section of this Amendment No. 1 shall be
construed as a separate and independent covenant and agreement.
If any term or provision of this Amendment No. 1 or the
application thereof shall be declared invalid or unenforceable,
the remainder of this Amendment No.1, or the application of such
term or provision to circumstances other than those to which it
is invalid or unenforceable, shall not be affected thereby, and
each term and provision of this Amendment No.1 shall be valid
and enforceable to the extent permitted by law.
Section 11.
Counterparts.
This Amendment No. 1 may be executed in one or more
counterparts, each of which will constitute an original.
SBEO/0001/DOC/3609-1
2/7/00 dqw
5
IN WITNESS WHEREOF THE PARTIES HERETO EXECUTE THIS
AMENDMENT NO. 1 AS FOLLOWS:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
Dated:
;7 liS lOG
. ,
By:
Approved as to Form:
Agency Counsel
SBEO/0001/DOC/3609-1
2/7/00 dgw
6
SAN BERNARDINO ~OUNTY LAW LIBRARY
BOARD OF TRUSTEES
Dated: 2-J;fjt;tl
/
BY:~~
I '1tJ I '/!let-
Title: If, f",( idt"h,'/ /J/ ,~<ftq /->d
,vonv'(I1 I:JI!I< NOI.J.'IJi)6fl?0I/T
fl IT l:t C-f--( GD
/
SBE010001/DOC/3609-1
2/7 lOa dgw
7
EXHIBIT "A"
SBEO/000l/DOC/3609-1
2/7/00 dgw
EXHIBIT 'A'
Legal Description of Parking Lot.
County Law Ubrary
The portion of Lots 1 and 2. Block 29 of the plan of San Bernardino. in the City of San
Bernardino. County of San Bernardino. State of California. as per map recorded in Book 7, Page 1 of
Maps in the Office of the Recorder of said County, more particularly described as follows:
Commencing at the Southeast comer of Lot 1, also being the Southeast comer of Parcel 1 as
per lot line adjustment recorded as Document No. 94289613 in the Office of the County Recorder;
Thence North 89' 53' 50' West, a distance of 166.29 feet-along the South line of said lots
and parcel to the TRUE POINT OF BEGINNING;
Thence continuing North 890 53' 50' West, a distance of 20.30 feet;
Thence North 440 56' 51" West, a distance of 18.59 feet to the beginning of a non-tangent
curve concave Southeasterly, having a radius of 10 feet from which a radial line of said curve bears
South 760 05' 15" East;
Thence Northeasterly along said curve through a central angle of 180 37' 42", a distance of
3.25 feet to a tangent line;
Thence North 320 32' 27" East along said tangent line, a distance of 16.12 feet to the
beginning of a tangent curve being concave Northwesterly;
Thence Northeasterly along said curve having a radius of 16.00 feet through a central angle
of 32. 33' 04", a distance of 9.09 feet to a tangent line;
Thence North 00. 00' 08" East, a distance of 65.25 feet to the beginning of a tangent curve
being concave Southwesterly;
Thence Northwesterly along said curve having a radius of 22.00 feet through a central angle
of 53001' 05", a distance of 20.36 feet to a point of reverse curvature to a curve being concave
Northeasterly;
. -.- Thence Northwesterly along said curve having a radius of 10.00 feet through a central angle
of 53. 01' 05", a distance of 9.25 feet;
Thence North 00. 00' 08" East, a distance of 170.04 feet to the North line of said Lot 1;
Thence South 89. 53' 39" East along the North line of said Lot 1, a distance of 200.01 to the
Northeast corner of said Lot 1;
Thence South 00. 00' 00" East along the East line of said Lot 1, a distance of 71.92 feet;
Thence North 89. 53' 50" West, a distance of 8.75 feet;
Thence South 00. 00' 00" East, a distance of 106.35 feet to the North line of Parcell;
Thence North 89. 53' 50" West, a distance of 157.32 feet along said North line to the West
line of Parcell;
Thence South 00. 06' 10" West, a distance of 120.87 feet along said West line to a point on
the South line of Parcel 1 and Lot 2, said point being the TRUE POINT OF BEGINNING.
SBEOIO' 1 "00C'.2"
12128\95 450 et
~I
~I
..J.
,...1
51
1I.0T .,
LOT .
ImlLlK<
- - ~@ -
N ag-!53'39.W LOT LINE
200,01
%:
t-
a:
o
%
.
o
IC
.
I-
UJ
UJ
cr
~I
,
-
w
~
<C
U
en
I
I
I
::x: 1
~
~t
:z
~
. <::I
o
- ,...
-
~
I
LOT 1
LOT ~
~53-01'05'
A-iO.OO
L-9.25
T-4.99
=
o
=
N 89-53'50"W
157.32
~53" 01' 05'
R-22.00
L-20.3S
T-10.97
~32"33'04"
A-1S.00
L-9.09
T-4.67
N 32"32'27"E
16.12
,...
CD
o
. (\I
-
-. ..:~.
166.28
N es-S3'SO"W
4 TH
STREET
~I.&,.gII Ql,.
1lEY~
lIE5%&IED If
EXHIBIT "A"
DUTCH
~~~I
" ~1JIII
IIWIDlI ICI.
1IA'n
~___________ 12/28/95
__.._ ~_..__. ICALE
J!l'R.:.- -..:.= 1" = 50' SHEET r:tF
- 7[O.S4]PF: 147187001 29-Dec-95 1~Oa PM / 580691-1
*P* PLOT OF EXHIBIT "A'
EXHIBIT "B"
SBEOI0001/DOC/3609-1
2/7 100 dgw
EXHIBIT "B"
LEGAL DESCRIPTION
Portion of Lots 1 and 2. Block 29, of the Plan of San Bernardino. in the City of San Bernardino.
County of San Bernardino. State of California, as per Map recorded in Book 7. Page 1 of Maps. in
the office of the Recorder of said County, descnoed as follows:
Beginning at the Southeast comer of said Lot I; then true point of beginning; thence North 00000'
28" West a distance of 120.87 feet; thence North 890 54' 09" West a distance of 166.06 feet; thence
South 00005' 51" West a distance of 120.87 feet to the South line of Lot 2; thence South 89054' 09"
East a distance of 166.29 feet to the true point of beginning.
Said description conforms with Lot Line Adjustment No. 94-02, recorded June 30, 1994, as
Instrument No. 94-289613, of Official Records.
Exhibit B
Page 1 of 1
/mILK
- -~@ -
N
I
4 TH
.
o
10
.
.
-
w
~
~
tJ
C1l
-....:.
LOT "
LOT i
STREET
UJI
z
....,
-J
....'
5 I LOT LINE
----~----------~--
I
I
I
I
I
I
LOT .
I-
W
W
cr
~I
LOT 1
I
I
I
I
I
I
I
I
I
I
I
I
I
I
,... :J: I
al 1-1
cia:
(\l 0,
_z
=
=
o
N 89"53'50 W 157.32
,...
al
o
(\l
-
UJ
o
-
.
u:I
o
.
o
o
z
157.53
N 89"53'SO W
AEVISItN!I
IlESIlIEl BY
I&aoIUI" I ~ 11&...
DUTCH
II'f
EXHIBIT liB II
~~,
.. _1ZIII
-.----
IJWl1NI Ia.
DATE
12/28/95
io~~-:::- ~.!'._.."Ii.I SCA&Z
___ 1 n = 50' 9HEET aF
- 7[0, 54JPF: 14718 7002 29-0ec-95 12:08 PM I 5B0691-1
*P* PLOT OF EXHIBIT "B"
EXHIBIT "c"
SBEO/0001/DOC/3609-1
2/7/00 dgw
Exhibit
All that portion of Lots 1 and 2. Block 29 of the City of San Bernardino, as per
plat recorded in Book 1 of Maps, page 1, records of San BemardiDo County more partic:u1ariy
descn"bed as follows.
Commencing al the Southeast comer of Lot 1, said Block 29; ~eace North 89"
53' SO" West along the South lines of said lots 1 and 2 a distance of216.60; ~~t",e North 00" 00'
02" East parallel with the East-line of said lot 2 a distance of190.00 feet; thence South 89" 53'
SO" East parallel with said South line a distance of 75.00 feet; thence North 00" 00' 02" East
parallel with the East line of said lot 2 a distance of39.lS feet thence South 89" 53' 39" East
parallel with the North line of said lot 2 a distance of 1.59 feet to the True Point of Beginning;
thence continuing along said paraIIelline South 89" 53' 39" East 50.41 feet to the East line of
said Lot 2; thence South 00" 00' 02" West along said East line a distance of 1.92 feet; thence
South 89" 53' 39" East parallel with the North line of said Lot 1 a distance of 140.85 feet to a
line parallel 'With and 8.75 feet westerly of the East line of said Block 29; thence North 00" 00'
00" East along said parallel line a distance of 71.92 feet to the North line of said Lot 1; thence
North 89" 53' 39" West along said North line a distance of 191.26 feet; thence South 00" 00' 08"
West parallel with the West line of said Block 29 a distance of 70.00 feet to the True Point of
Beginning.
SBEOi01I9iDOC. "2J
(:t2!I9, 1:01 icIop
,
" . LOT '7 ~I LOT .
1-11
..J ,
~I
fmll)\{ 01 LOT LINE
..J
----- ----
~@ I N agesa'ag . 191.26
0 I
0 I N
0 CD
.
,... I -
- ,...
0 N 00.00'02"E
IC I
. age53';39".1 1.92
. r-
- 50.41 N 8ge53'39". 140.85 LU
W 1 LU
...J I a:
c
f..l I ~I
en I
I
I I
N I f
I
I LOT a I LOT 1 I
I I
I I ,-
I I =
I 0
I =
I I
I J
I
I I
I I
I f
I I
I
I I
I I
I I
I I
I f
-
4 TH
STREET
~
CESIliIED BY
~1.1..-. QI,~
REDEVELOPMENT AGENCY
CITY OF SAN BERNARDINO
DUTCH
EXHIBIT
~,,,t\~,,'l,
\r" ~ _nil! DAn lJWIINI 1Cl.
_____ 12/28/95
. ~-:-_ ~..'W SCALI
__=--- -- 1- = 50' SHEET OF
*P* PLOT OF EXHI8IT '0' - 7 [0. 54] PF: 14718 7004 29-0ec-95 11: 15 AM / 580691-1