HomeMy WebLinkAbout1989-164
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RESOLUTION NO. 89-1G4
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A DEVELOPMENT AGREEMENT WITH JOHN C. HEERS, INC. FOR
3 ACQUISITION OF NECESSARY EASEMENTS TO ALLOW CONSTRUCTION OF
REQUIRED OFF-SITE IMPROVEMENTS BY TRACT NO. 10260.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor is hereby authorized and directed
7 to execute on behalf of said Ci ty a Development Agreement wi th
8 John C. Heers, Inc. for
Acquisi tion of Necessary Easements to
9 Allow Construction of Required Off-Site Improvements by Tract No.
10 10260, a copy of said agreement is attached hereto, marked
11 Exhibit "A", and incorporated herein by reference as fully as
12 though set forth at length.
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SECTION 2 .
This agreement and any amendments or
14 modifications thereto shall not take effect or become operative
15 until fully signed and executed by the parties and no party shall
16 be obligated hereunder until the time of such execution. No oral
17 agreements, amendments, modifcations or waivers are intended or
18 authorized and shall not be implied from any act or course of
19 conduct of any party.
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SECTION 3.
This resolution is rescinded if the parties
21 to the agreement fail to execute it within sixty (60) days of the
22 passage of this resolution.
23 I HEREBY CERTIFY that the foregoing resolution was duly
24 adopted by the Mayor and Common Council of the Ci ty of San
25 Bernardino at a
r~g1l1flr meeting thereof, held on
26 the -2ULday of
27 wit:
.1l1nA , 1989, by the following vote, to-
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5/11/89
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RESO:
AUTHORIZING EXECUTION OF AGREEMENT WITH .~OHN. C. HEERS,
INC. FOR ACQUISITION OF EASEMENTS TO ALLOW CONSTRUCTION
OF OFF-SITES BY TRACT NO. 10260.
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AYES:
Council Members Estrada, Reilly, Flores, Maudsley,
Minor
NAYS:
None
ABSENT:
Council Members Pope-Ludlam, Miller
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hereny approved{/ hlS ".rt:'
day
The foregoing resolution is
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9 of
, 1989.
June
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13 Approved as to form
and legal content:
14
James F. Penman
15 City Attorney
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Exhibit "An
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DEVELOPMENT AGREEMENT
CONSTRUCTION OF OFF-SITE IMPROVEMENTS
IN CONNECTION WITH TRACT NO. 10260
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THIS AGREEMENT, entered into this j(it<~ day of ~;;,:;?/l.<...)
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1989, by and between the CITY of San Bernardino, a/municipal
Corporation of the State of California, hereinafter referred to
as "CITY," and JOHN C. HEERS, INC., hereinafter referred to as
"SUBDIVIDER."
WITNESSETH
WHEREAS, Tentative Tract No. 10260 was approved by the
Mayor and Common Council on October 27, 1980; and
WHEREAS, access to this tract was to be provided by
existing 59th Street, at Mayfield Avenue, and by construction of
a new street, to be known as Acacia Avenue, to join Hill Drive
opposite existing Acacia Avenue; and
WHEREAS, a portion of Acacia Avenue to be constructed
will be beyond the tract boundaries, which will require rights of
way from two parcels; and
WHEREAS, Section 66462. 5 of the Government Code of the
State of California, a part of the Subdivision Map Act, provides
that an agency shall not refuse to approve a final map because
the subdivider has failed to construct off-site improvements for
which no right of way has been granted; and
WHEREAS, Section 66462.5 further provides that in such
cases the agency shall acquire the necessary rights of way within
120 days by negotiation or eminent domain proceedings, and if the
agency fails to comply with this provision, the condition of
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1 approval to construct the off-site improvements is waived; and
2 WHEREAS, construction of Acacia Avenue is needed to
3 provide a second means of access to Tract No. 10260; and
4 WHEREAS, Subdivider has made repeated attempts to
5 negotiate wi th the owner of one parcel, but has been unable to
6 reach an agreement; and
7 WHEREAS, the Ci ty holds an easement for park purposes
8 over the second parcel, vlhich is presently up for sale due to
9 delinquent property taxes.
10 NOW, THEREFORE, IT IS MUTUALLY AGREED, AS FOLLOWS:
11 1. CITY shall -
12 a. Attempt to acquire by negotiations or obtain an
13 immediate right of entry through eminent domain
14 proceedings, easements across Parcel No.1, as
15 required to allow construction of Acacia Avenue
16 and drainage facilities on approved plans for
17 Tract No. 10260. Acquisition of these rights of
18 way shall be accomplished wi thin 120 days from
19 the date of execution of this Agreement.
20 b. Concur with dedication of the necessary rights of
21 way for Acacia Avenue and drainage facili ties
22 across the parcel for which the Ci ty holds an
23 easement for park purposes, and attempt to
24 acquire by negotiations, or obtain an immediate
25 right of entry through eminent domain
26 proceedings, easements across Parcel No.2, as
27 required to allow construction of Acacia Avenue
28 and drainage facilities on approved plans for
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Tract No. 10260. Acquisition of these rights of
way shall be accomplished wi thin 120 days from
the date of execution of this Agreement.
2. Subdivider shall -
a. Reimburse City within 15 days from receipt of a
bill for all costs incurred for acquisi tion of
necessary rights of way for construction of
Acacia Avenue, from the boundary of Tract No.
10260 to Hill Drive in accordance with approved
plans.
THIS AGREEMENT shall inure to the benefit of and be
12 binding upon the successors and assigns of both parties.
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CITY OF SAN BERNARDINO
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ATTEST: 'vUtL?-f}/j/l,t61JiJU
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17 Approved as to form and
legal content:
18
James F. Penman
19 Ci ty Attorney
JOHN C. HEERS, INC.
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By ,~ t.
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By:
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