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HomeMy WebLinkAbout29-City Attorney . CITY OF SAN BERNODINO - REQUEST FCR COUNCIL ACTION From: JAMES F. PENMAN Subject: AUTHORIZING AND DIRECTING THE EXECUTION OF A PLAN OF FENCE CONSTRUCTION FOR THE SAN BERNARDINO GOLF COURSE Dept: CITY ATTORNEY Dau: FEBRUARY 3, 1989 Synopsis of Previous Council ection: Various (J. G. Golfing). Recommended motion: Adopt Resolution. ~) Signature Contect~r~n: JAMES F. PENMAN/DENNIS A. BARLOW Phone: 384-5355 Supporting data attached: YES Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: DAB/dys 75-0262 Agenda Item No. ..t. 9 CITY OF SAN BERNJODINO - REQUEST ,0 COUNCIL ACTION STAFF REPORT As part of the settlement of the J. G. Golfing litigation the City reviewed and approved Conditions, Covenants and Restrictions (CC&R's) on the San Bernardino Golf Course property (the fee of which is owed by the City) regarding the construction of fencing to separate the golf course property from the new construction to the west. Page six of the CC&R's provides: "Such barriers shall be constructed in a manner and of a material that is set forth herein or otherwise agreed upon and acceptable to the owner and lessee of the Golf Course and the declarant." The lessee and the neighboring property owner are now requesting approval of a schematic showing how the fence will be constructed. It is recommended that the attached resolution be adopted. DAB/dys 2/3/89 15-0264 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 ."'" -' ,....~ -...,; 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A PLAN OF FENCE CONSTRUCTION FOR THE 3 SAN BERNARDINO GOLF COURSE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 7 8 9 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, in keeping with the Conditions, Covenants and Restrictions recorded against said property, the plan of fence construction for the San Bernardino Golf Course a copy of which is attached hereto, marked Exhibit "An and incorporated herein by reference 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 Bernardino at a day of meeting thereof, held on the , 1989, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk / / / / / / / / / / / / DAB/dys February 3, 1989 1 9 10 11 12 13 14 15 16 18 19 20 21 22 23 RESOLUTION A.~ORIZING AND DIRECTING TH~ECUTION OF A PLAN OF FENCE CONSTRUCTION~R THE SAN BERNARDINO GOL~OURSE 1 The foregoing resolution is hereby approved this day 2 , 1989. of 3 4 5 Evlyn Wilcox, Mayor City of San Bernardino 6 7 Approved as to form and Legal Content: 8 JAMES F. PENMAN, City Attorney ~a) 17 24 25 26 27 28 DAB/dys February 3, 1989 2