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RESOLUrION NO. /~~
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ACCEPTING A GRANT DEED FROM THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA GRANTING TO
SAID CITY ALL THAT REAL PROPERTY SITtJATED WITHIN CENTRAL CITY
PROJECT, CALIF. R-79 IN SAID CITY1 AS MORE PARTICULARLY DESCRIBED
IN SAID GRANT DEED; AND DEDICATING THE SAME ll\G, THE APPLICABLE
PUBLIC USES SET FORTH IN SUCH REDEVELOPMENT PROJECT, KNOWN AS
CENTRAL CITY PROJECT, CALIF. R-79.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That certain Grant Deed of the Redevelopment
Agency of the City of San Bernardino, California granting to
said City all that real property situated within Central City
Project, Calif. ~-79 in said City, as more particularly des-
cribed in said Grant Deed, is hereby accepted; and dedicating
the same to the applicable public uses set forth in such Redevelo -
ment Project, known as Central City Project, Calif. R-79, a copy
of which is attached hereto, makked Exhibit "A" and referred to a~d
made a part hereof as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San Ber-
nardino at a~ /./~MJ J~//') -0,hf')/1,.JJ meeting thereof held on the
27r.A~ day of /Jf1//J'I~ , 1970, by the following vote,
to wit:
Councilmen,J,,/.'~~ J ;'.Mp~(l~ "';'kr/ j ~ L",.,u,A-tj' ~
A, /11/:', -"~ "1/'-3y3d/ :lL, ,,/)
? / . /
/
7Z~{l/
?~r{ (1 /
AYES:
NOES:
ABSENT:
The foregoing resolution is
ty er, p ~
.& .' ..h,,- (/~#-; d1 ,
he~by pproved this 1x>~~a
of /JIJb~ L
~no
, 1970.
Appr9~ed as to form:
C') ,- ,/7 ~
t , /...,,- - . ..)
~,<7~
eJ.ty torney
(P)
APR 28 1970
~~:OFORTH,~~a~
, ..d~1lUUfY
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GRANT DEE D
The REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, a
public corporation, hereinafter called Grantor, for a valuable consideration,
receipt of which is hereby acknowledged, does hereby grant to The City of San
Bernardino, a Municipal Corporation, hereinafter called the Grantee, and in
further consideration of the covenants and conditions herein contained and to
be kept and perforrred by the Grantee, does hereby grant to the Grantee all that
real property situated within Central City Project, Calif. R-79 in the City of
San Bernardino, County of San Bernardino, State of California, hereinafter
called the "Property", described as follows:
~
That portion of Blocks 13 and 20, CITY OF SAN BERNARDINO per Map recorded
in Book 7, Page 1 of Maps in the Offi ce of the Recorder of sai d County and
that portion of "3rd" Street as vacated by said City of San Bernardino per
Resolution No. 10192, recorded April 6, 1970 in Book 7418, page 963, Official
Records of said County described as follows:
Comrrencing at the intersection of a line parallel with and distant 27.50
feet Easterly, rreasured at right angles, from the 14est line of said Block 20
with a line parallel with and distant 45.25 feet Southerly, measured at right
angles from the centerline of Court Street, 56.00 feet wide, as said centerline
now exists; thence South 89055'49" East along the last mentioned parallel line
196.84 feet; thence South 0004'11" West 210.00 feet to Point "A.", being a
point on a line parallel with and distant 210.00 feet Southerly, measured at
right angles, from said last mentioned parallel line, said point being the TRUE
POINT OF BEGINNING: thence
South 89055'49" Eas t 35.88 feet; thence
South 00g4'l1" West 14.67 feet: thence
North 89 55'49" West 25.50 feet: thence
South 0004'11" West 40.50 feet: thence
South 89055'49" East 217.29 feet; thence
South 0004'11" West 67.67 feet; thence
North 89055'49" West 15.83 feet; thence
South 0004'11" Wes t 15.75 feet.; thence
North 89055'49" West 31.00 feet; thence
South 0004'11" West 6.17 feet; thence
North 89055'49" West 25.50 feet: thence
North 0004'11" East 21.92 feet;'thence
North 89055'49" West 99.59 feet; thence
South 0004' 11" 14es t 62.17 feet; thence
North 89055'49" West 15.50 feet: thence
South 0004'11" Wes t 9.42 feet; thence
North 89055 '49" 14es t 14.50 feet; thence
South 0004'11" West 15.58 feet to a line parallel with
and distant 420.00 feet Southerly, measured at right angles, from said last
mentioned parallel line: thence North 89055'49" West along said parallel line
15.25 feet; thence North 0004'11" East 60.00 feet to a line parallel with and
distant 360.00 feet Southerlv, measured at rioht anqles from said last mentioned
parallel line; thence North 89055'49" YJest alon<) said parallel line 162.88 feet;
thence
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North 0004'11" Eas t 15.25 feet; thence
North 45004'11" Eas t 11.55 feet; thence
North 0004'11" East 25.08 feet; thence
North 45004 '11" Eas t 11.79 feet; thence
North 0004 '11" Eas t 70.92 feet; thence
North 45004'11" Eas t 11.55 feet; thence
North 0004'11" East 14.08 feet to a line that bears
North 89055'49" West from the ooint of Beginning; thence South 89055'49"
Eas t 127.70 feet to the TRUE POHIT OF BEGINNING.
1. Exception and Reservation of Easement and Other Rights.
a. Grantor, hereinafter sometimes called "Agency" reserves to and for
itself, its successors and assigns, including', but .not limited to, Developers and
for the benefit of each and every portion of the Area described herein, non-
exclusive easements on-, under and over the premises as follows:
(1) Easements (hereinafter referred to as "installation easements") for:
(a) The installation and maintenance of utilities as may
be necessary or appropriate to provide utility service to
the Area. The term "utilities" as used herein includes,
.
but is not limited to, work, lines and structures necessary
to provide the follovling products or services to the Area:
water, sewers, drainages, electricity, gas, telephone and
cable or closed circuit television.
. -(b) The purposes of erecting, constructing, maintaining and
operating signs and other facilities to provide proper
advertisement of and directions for establishments located
withi n the Area.
(c) Access to and for the storage of materiels :md temporary
buildings and structures in connection with the construction,
maintenance, repair and reconstruction of the Area, provided
the same does not materially impair its use as a public
faci 1 ity.
(2) Easements for ingress and egress by any pedestrians, for
maintenance of service units and for personnel to traverse to
and from the Area, or any portion thereof, by traversing the
premi ses in any di recti on to or from any point on the common
boundary of the Area, or any portion thereof.
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(3) Easements in, to, over, under and across the premises for the
construction, reconstruction, erection and maintenance on,
over, across and under the premises of footings, supports,
of Agency, its successors and assigns, to grant licenses for the use of said ease-
ment rights to others including but not limited to, the operators of business
establishments to be located in the Area and their respective employees, customers,
patrons and other licensees.
c. The easement ri ghts reserved hereunder and any 1 i censes to be granted
in connection therewith are subject to the following conditions:
(1)
.
No occupation under or use of any installation easement shall
interfere unreasonably with the improvement and operation of
facilities constructed or located on the property deeded herein.
(2) The rights of usage under said easements shall be nonexclusive, and
in common with the ri ghts of usage on the part of each owner of
or licensee under such rights and with all members of the public
having the right or privilege for like usage of the Area.
The Grantee does hereby acknowledge receipt of a copy of the Redevelopment
Plan for Central City Project; Calif. R-79 adopted by Ordinance 2649 of the
Mayor and Common Council of the City of San Bernardino on February 24, 1965, and
amended by Ordinance 3059, adopted on March 17, 1970, which is hereinafter referred
to as the "Redevelopment Plan", said Redevelopment Plan containing as part thereof
that certain Declaration of Restriction which ~Ias recorded on May 17, 1967, in Book
6822 of Offi ci a 1 Records, Page 3 in the Offi ce of the County Recorder of the
County of San Bernardino, State of California and which is hereinafter referred
to as "the Restrictions".
The Grantee, for itself, its successors and assigns, does hereby covenant
and agree with, and for the benefit of, the Grantor, its successors and assigns, as
follows:
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1. Grantee, its successors and assigns will hold, occupy and use the
aforesaid real property subject to and in accordance with all the terms ,conditions,
1 i mi tati ons, res tri cti ons, requi rements and covenants set forth in the Redevelopment
Plan and the Restrictions. Said terms, conditions, limitations, restrictions and
covenants shall be covenants "running with the land" and be binding for the
benefit and in favor of, and enforceable by, the Grantor, its successors and assigns,
the City of San Bernardino, and any successor in interest to the Grantee of the
Property or any part thereof, and the owner of any other 1 and in the Project Area.
2. (a) The Grantee herein covenants by and for himself, his heirs,
executors, administrators, and his successors and assigns, and every successor in
interest to the Property, or any part thereof, and all persons claiming under or
through them, that the Grantee, and such successors and assigns, shall:
(1) Devote the Property to, and only to and in accordance with,
the uses specified in the Redevelopment Plan;
.
(2) Not discriminate upon the basis of race, color, creed, national
origin, religion, or ancestry in the sale, lease, sublease, rental or transfer
or in the use, occupancy, tenure or enjoyment of the Property or any improvement
erected or to be erected thereon, or any part thereof, nor shall the Grantee
himself or any person claiming under or through him, establish or permit any such
practi ce or practi ces of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees, subtenants,
sublessees, or vendees of the Property, or any part thereof.
(b) The foregoing agreements and covenants, as set forth in
subdivision (a) of Section 2 of this Deed, shall be covenants running with the
land, and they shall in any event, and without regard to technical classification
or designation, legal or otherwise, and except only as otheY\~ise specifically
provided in this Deed be binding to the fullest extent permitted by law and
equity, for the benefit and in favor of, and enforceab 1 y by the Grantor, its
successors and assigns, the City of San Bernardino, California, and any successor
in interest to the Property or any part thereof, and the owner of any other land
(or of an interest in such land) in the Central City Project, Calif. R-79 which is
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subject to the land use requirements and restrictions of the Redevelop-
ment P1 an, and the United States (i n the case of the covenant provi ded
in subsection (2) of subdivision (a) of Section 2 hereof), against the
Grantee, its successors and assigns and every successor in interest to
the Property, or any part thereof or any interest therein, and any party
i"n possession or occupancy of the Property or any part thereof. It is
further intended and agreed that the Agreement and covenant provided in
subsection (1) of subdivision (a) of Section 2 of this Deed shall remain
in effect for a period of
40 yea rs from
May 17, 1967
to
May 17, 2007
, at which time such agreement and covenant shall
termi nate, and that the agreement and covenant provi ded ins ubsecti on (2)
of subdivision (a) of Section 2 hereof shall remain in effect without
,
limitation as to time: Provided, that such agreements and covenants shall
be binding on the Grantee itself, each successor in interest to the
Property, and every part thereof, and each party in possession or occupancy,
respectively, only for such perio'd as such successor or party shall have
title to, or an interest in or possession or occupancy of, the Property or
part thereof. The terms "uses specified in the Redevelopment Plan" and
"land use" referring to provisions of the Redevelopment Plan, or similar
language, in the Agreement shall include the land and all buildings, housing,
and other requi rements or res tricti ons of the Urban Renewal Pl an pertai ni ng
to such 1 and.
3. Agency and United States Riqhts to Enforce. In. amplification and
not in restriction of, the provisions of Section 2, hereof, it is intended
and agreed that the Grantor and its successors and assigns shall be deemed
beneficiaries of the agreements and covenants provided in said Section 2
hereof, and the United States shall be deemed a beneficiary of the covenant
provided in subsection (2) of subdivision (a) of Section 2 hereof, both for
and in thei r or its own ri ght and a1 so for the purposes of protecti ng the
interests of the City and other parties, public or private, in whose favor
or for whose benefit such agrements and covenants have been provided. Such
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agreements and covenants shall run in favor of the Grantor and the United States,
for the entire period during which such agreements and covenants shall be in force
and effect, without regard to whether the Grantor or the United States has at any
times been, remains, or is an owner of any land or interest therein to or in favor
of which such agreements and covenants relate. The Grantor shall have the right,
in the event of any breach of any such agreement or covenant, and the United States
shall have the right in the event of any breach of the covenant provided in sub-
section (2) of subdivision (a) of Section 2 hereof, to exercise all the rights and
remedies, and to maintain any actions or suits at law or in equity or other proper
proceedings to enforce the curing of such breach of agreement or covenant, to which
it or any other beneficiaries of such agreement or covenant may be entitled.
4. In the event Grantee shall default in the performance of Grantee's
undertakings for the construction of certain improvements on the aforesaid real
property within the'time and in the manner set forth , or if the Grantee shall
fail to pay real estate taxes or assessments when due, or shall place thereon any
encumbrance or lien or shall suffer any levy, lien, or attachment to be made, or
there is in violation, any transfer of the Property or any part thereof, or any
change in the ownership or distribution of the stock of the Grantee, or with respect
to the identity of the parties in control of the Grantee or the degree thereof, and
such failure or violation shall not be cured or remedied within 30 days
after written demand by the Grantor to the Grantee, and if, thereafter, Grantor
shall record in the office of the County Recorder of the County of San Bernardino,
State of California a written Declaration of Forfeiture referring to this deed,
then this deed and conveyance shall be null and void and all interest hereby granted
and conveyed shall forthwi th and wi thout further noti ce to the Grantee, become for-
feited and shall revert to the Grantor, provided, hOvlever, that the breach of any
such covenant and the forfeiture of the Grantee's interest in said real property
by reason of such breach shall not in any manner impair, defeat or render invalid
the interest of any mortgagee, trustee or beneficiary of any Deed of Trust executed
by Grantee with the written approval of Grantor to secure a loan for the sole
purpose of obtaining funds to construct the said improvements on said real property.
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5. (a) Promptly after completion' of the Improvements in accordance with the
provisions of said Agreement, the Grantor will furnish the Grantee ~lith an appro-
priate instrument so certifying. Such certification by the Grantor shall be (and
it shall be so provided in the certification itself), a conclusive determination of
satisfaction and termination of the agreements and covenants in this Deed with
respect to the obligation of the Grantee, and its successors and assigns, to con-
struct the Improvements and the dates for the beginning and completion thereof;
provided, that such certification and such determination shall not constitute
evidence of compliance with or satisfaction of any obligation of the Grantee to
any holder of a Trust Deed or mortgage, or any insurer of a Trust Deed or mortgage,
securing money loaned to finance the Improvements, or any part thereof.
(b) The certification provided for in this Section shall be in such
form as will enable it to be recorded with the County Recorder of San Bernardino
County. If the Grantor shall refuse or fail to provide the certification in
accordance with the provisions of this Section, the Grantor shall, within 90
days after written request by the Grantee, provide the Grantee with a written
statement, indicating in adequate detail in what respects the Grantee has failed
to complete the Improvements or is otherwise in default and what measures or acts
.it will be necessary in the opinion of the Grantor, for the Grantee to take or
perform in order to obtain such certification.
6. None of the provisions of said Agreement described in Section 4 hereof,
are intended to or shall be merged by reason of this or any subsequent deed
transferring title to the property from the Grantor to the Grantee or any successor
in interest, and any such deed shall not be deemed to affect or impair the pro-
visions and covenants of said Agreement.
7. The purpose of this deed is to establish the boundaries and set forth
the legal description of the real prooerty within the public areas being retained
by the City of San Bernardino, for City Hall and Exhibit Hall purposes.
IN WITNESS ~/HEREOF, the Grantor and the Grantee have executed this Deed
bv their respective officers thereunto duly qualified this
, 19
day of
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THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO, CALIFORNIA
By
Chairman
(SEAL)
Secretary
Redeveloper:
(SEAL)
APPROVED AS TO LEGAL FORM AND ADEQUACY:
Bruce D. Varner, Agency Counsel
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN BERNARDINO )
On , before me, a Notary Public, in
and for said County and State, personally appeared A, M. Austin and P. W.
Quinn, Jr., known to me to be the Chairman and the Secretary, respectively,
of the Red~ve.lopmentAgency of the,Citx of Sa~ Bernardino. California, which
I:" - ,.".' ;": r-".. ".': .., ". - ",' ',": - -'.' ,:: ~ ,... ;-', 0':' "." . ,. . ..' .... :
executed the within instrument and also known to me to be the persons who
executed it on behalf of The Redevelopment Agency of the City of San Bernardino,
California, and acknowledged to me that The Redevelopment Agency of the City
of San Bernardino, California, executed the same.
Notary Public in and for said
County and State
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".,
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ATTEST;
CITY OF SAl~ DEilllARDINO
GRANTEE
City Clerk
ByQiL ~~~L~
~yor Pro Tam. e
Approved as to form:
/s/ Ralph H. Prince
City Attorney
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN BEIU11\RPINO )
On , 1970, before ~e, a Notary Public,
in and for said County and State, personally appeared Alan E.
GOOiD, known to me to be a mer.'1.!:>er of the Common Council and the
duly acting Ha:tor Pro Tempore of the City of San Bernardino, a
mUollicipal corporation, and kno,In to me to be L'Le person l.;ho
executed the llithin instrw-::ent on behalf of said municipal cor-
poration, and aC~:l1m'lledged to me t!lat said municipal corporation
executed the salne.
Notary Public in al'\d for said
County and State
ro
City Clerk
CITY OF SAN BERNARDINO
GRANTEE
By ~-~p;-!f::'R L~
ATTEST:
Approved as to form:
~~g~
City torney
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN BERNARDINO )
On , 1970, before me, a Notary Public,
in and for said County and State, personally appeared Alan E.
Guhin, known to me to be a member of the Common Council and the
duly acting Mayor Pro Tempore of the City of San Bernardino, a
municipal corporation, and known to me to be the person who
executed the within instrument on behalf of said municipal cor-
poration, and acknowledged to me that said municipal corporation
executed the same.
Notary Public in and for said
County and State