The URL can be used to link to this page

Home My WebLink About1985-133 1 RESOLUTION NO. 85-133 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF A COVENANT RUNNING WITH THE LAND FROM CC SAN 3 BERNARDINO, INC., A GENERAL PARTNER OF CABLE LAKES ASSOCIATES, WAIVING CC SAN BERNARDINO, INC.'S RIGHT TO MAKE APPLICATION TO THE 4 CITY FOR ANY DENSITY BONUS FOR THE REAL PROPERTY DESCRIBED IN CHANGE OF ZONE NO. 84-14. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Clerk of the City of San Bernardino is 8 hereby authorized and directed to accept on behalf of said City a 9 Covenant Running With the Land from CC San Bernardino, Inc., a 10 general partner of Cable Lakes Associates, waiving CC San II Bernardino, Inc. 's right to make application to the City for any 12 density bonus for the real property described in Change of Zone 13 No. 84-14. A copy of the Covenant Running With the Land is 14 attached hereto, marked Exhibit nI", and incorporated by reference 15 herein as fully as though set forth herein. 16 SECTION 2. The City Clerk of the City of San Bernardio is 17 directed to have the Covenant recorded with the San Bernardino 18 County Recorder. 19 , I HEREBY CERTIFY that the foregoing resolution was duly I adopted by the Mayor and Common Council of the City of San I Bernardino at a rpglln 1 r meeting thereof, held on I , the ! 20 21 22 day of l\pri 1 , 1985, by the following vote, 1.::;1- 23 to wit: 24 AYES: Council Members lI(T.,rh;; . r~C:T~nnrl~ , Rc.; 11"':...7, 25 Quial, Frazier, Strickler 26 NAYS: None 27 ABSENT: Council Menbe:r- Hernandez 28 ~.,-?/ ~t6v/ /' City Clerk / -, . - - ., " j Ci ty Clerk City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 RECOkDEDIN .oFFICIAL RECORDS 1985 APR lOAM 9: 35 85-083966 SAN BERNARDINO \----.-.. -..-----'--~"7..,.-~1 L.'--.'...., CO CALIF '1"'.-,-.,..-. ' :,"J ' '(Jl!', '.,' j' - 0' i-,~' ,- A--." . i USA PTB "'3>, CO--1 00 CJ1 I ~ Recorded at the request of, and when recorded, return to: COVENANT RUNNING WITH THE LAND 1 . WHEREAS, on April '. laQ~ , the Mayor and Common Council of the City of San Bernardino adopted Resolution/Ordinance No. 85-133 granting ~~~ FiMrN1YtYi(~tlK<<<<d:txtil[n:l(tXIllU[XRI[XQl1:r:XlfHDQlol!Xi16'llXnrx:ofxJtil:ex~ ~~~ocl[kxMK~xtChange of Zone Number 84-14 for the parcel or parcels of property in the City of San Bernardino, County of San Bernardino, State of California, described in Exhibit A which is annexed hereto and incorporated herein by reference. 2. WHEREAS, it is hereby agreed and acknowledged by CC SAN BERNARDINO, INC., a qeneral partner of Cable Lakes Associates (hereinafter referred to as "developer") that said grant has an "equivalent financial value", to the value of a twenty-five percent (25%) density bonus for the subject residential housing development under Government Code Section 65915(a). v/ '-"" '-_.J 3. ~HEREAS, it is hereby agreed and acknowledged by developer that said grant of the equivalent financial value alternative(s) set forth in Paragraph 1 above is deemed to be and Code Section 65915 for the development of any residential housing ~ <= 00 ~ ~ ~ does in fact constitute an incentive under California Government development that may hereafter be constructed on the parcel or parcels of land described in Exhibit A. NOW, THEREFORE, it is hereby agreed as follows: 4. Developer hereby acknowledges that he has received an equivalent financial value as that term is used or may hereafter be used in Government Code Section 65915. In receipt of the consideration, developer hereby waives any present and future right to a density bonus for the subject housing development. 5. Developer covenants with the City of San Bernardino (hereinafter "City") that developer will not for a period of thirty years hereafter, make application to the City for any density bonus or other "equivalent financial value" of said density bonus for a residential housing development to be constructed on the parcel or parcels of land described in Exhibit A for which residential housing development the equivalent financial value alternative(s) set forth in Paragraph 1 above was granted to developer. 6. Developer further covenants that developer will not for a period of thirty (30) years hereafter commence any action against the City or its officers, agents or employees before any administrative agency or in any state or federal court to compel r 2 the City or its officers, agents or employees to grant to developer a density bonus or other nequivalent financial value" of said density bonus for a residential housing development to be constructed on the parcel or parcels of land described in Exhibit A. 7A. These covenants run with the land and are binding on all heirs, successors, administrators, executors, and assigns of developer for a period of thirty (30) years from date of its recordation. 7B. The agreement or covenants contained herein are intended to apply solely to Change of Zone No. 84-14. Nothing contained herein shall be construed to limit the right of developer, its successors or assigns to apply for or of the City Council to approve a change of zone for the property described in Exhibit A. The agreement and covenants contained herein shall automatically terminate upon the effective date of the change of zone. Upon request of developer, the City shall execute such documents as may be required by a reputable title insurance company to evidence such termination. Developer shall execute a waiver of density bonus with respect to any such change of zone. 8. In the event of a breach of these covenants or any of them by the developer or any heir, successor, executor, administrator or assign, the City may bring an action to enforce compliance with any of the covenants contained herein and for other relief, including money damages, attorneys fees and costs of court, administration or overhead. 9. Developer agrees that upon the successful prosecution by the City of a civil action arising from the breach of any of these -3- 00 t:11 , Q ~ ~ ~ \,.j >".,,,i" claim by developer to entitlement to a density bonus or other equivalent financial value, City shall receive, as liquidated 00 CJl \ o 00 ~ ~ covenants, or in the event of a successful defense by City of any damages, and not as a penalty, an amount equivalent to twenty percent (20%) of the value of all improvements constructed on the parcel or parcels described in Exhibit A in excess of those improvements permitted by the grant described in paragraph 1 above. This sum is estimated, computed, determined and agreed upon because of the uncertainty and difficulty of measuring actual damages, for breach of any of the covenants contained herein. The City shall also be entitled to all costs of litigation and all other costs reasonably incurred in bringing an action to enforce this covenant. IN WITNESS WHEREOF, Developer has executed this docu~ent this 21st March 19 85 By: day of ~ BERNARDINO, ---~ L.B. N.cQuarrie Vice President INC.", a By: Melinda Dewey Controller Before Ile, the 1.Uldersigned, a NotaI:y Public in am for the State of califonria, county of Orange, personally appeared I.enard B. ~ie am Melirrla ~, personally known to Ile or proved to Ile on the basis of satis- factory evldence to be the persons who 6)recuted the within inst.rtmmt as Vice President and Controller or on behalf of CC San !lel:nardilx>, Inc., a corporation am acknowledged to Ile that the =rporation executed it on behalf of Cable Lakes Associates, the partnership therein named, am that the partnership executed it. Wl'rnESS my hand am official seal. ~ lut1U4~ No Public in am for said State @ OFl'ICIAlSEAL ROSEMARIE WALLACK . NOTARY PUBLIC. OOIFORNIA -. PRINCIPAL OFACE IN ORANGE COUNTY , MJ Commissioo Exp. Au~ 11, 1987 JV 4 ACCEPTANCE BY CITY The City of San Bernardino hereby accepts the covenant included within the attached document. I certify that I am authorized to accept grants and conveyances to the City of San Bernardino as authorized by resolution of the Mayor and Common Council. DATED:1J~.//..;r I?)i.::r CITY OF SAN, BERNARDINO By ~,??4<~ / 1 ty er ~ 5 00 CJl , <::l ~ a-. a-. / . .- > " e LEGAL DESCRIPTION FOR TENTATlYE TRACT NO. 12756 .. All that certain real property located in the County of San Bernardino, State of California, described as follows:. CIJ CJ1 , o CIJ ~ ~ ~ That portion of Lot M of Meyer and Barclay Subdivision as per map recorded in Book 12 of Maps, page 18, and all that portion of Lots 82 and 83, Irvington - Land and ~Iater Company Subdivision as per map recorded ,in Book 1, page 32, records of survey in the office of the County Recorder of said county, and of Section 2, Township 1 North, Range 5 West, San Bernardino Meridian, as the lines of the Government Survey may be extended across the Muscupiabe Rancho, described as follows: Commencing at the Southeast corner of Lot "J"; thence along the South 1 ine of said lot, South 89044'40" West a distance of 30.00 feet; thence South 09003'06" East a distance of 263.89 feet to a point on a tangent curve, concave Northeasterly, having a radius of.1999.l9 feet; thence Southga~t4rly along said curve through a central angle of 01001 '48", an arc distance of . 35.94 fe~t to the True Point of Beginning; thence along a curve concave Northeasterly, having a radius of 1999.19 feet; thence Southeasterly along said curve through a central angle of 35027'53", an arc distance .' ,.' of 1237.45 feet; thence South 25013'55" West a distance of 468.79 feet; thence North 47011'00" West a distance of 1559.43 feet; thence North 42049'00" East a distance of 149.00 feet; thence South 47011'00" East a distance of 89.00 feet; thence No'rth 42049'00" East a distance of 262.51 feet to a point on a tangent curve, concave Southeasterly, having a radius of 600 feet; thence Northeasterly along said curve through a central angle of 37006'06", an arc distance of 388.53 feet; thence North 79055'06" East a distance of 96.94 feet to the True Point of Beginning. '" Containing 19.54 acres more or less. .Y . LXHIBIT .1 I. A