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HomeMy WebLinkAbout36-City Attorney . . ClTfOF SAN BERNARDIQ - REQUEQ FOR COUNCIL AC,QN From: RALPH H, PRINCE Su~~t: Agreement with James E. and Carol A. Massey re non-conforming sign Dept: City Attorney Dare: August 30, 1985 Synopsis of Previous Council action: At the meeting of August 5, 1~3:';, .t..le City Attorney vias directed to prepare an agreenen:: \,lit;l J:r,les L. and Carol A. Massey regarding a non-conforming sigil located at 372 Horth Arrowhead Avenue, San Bernardino, California. Recommended motion: Adopt resolution. ;;Z~ jl/Ju~ Signature Contact person: ,TORN F WTT.~ON Phone: 5162. Supporting data attached: VP~ Ward: 1 FUNDING REQUIREMENTS: Amount: 1" /;:a . Sou rce: R/a Finance: Il/a Council Notes: "'I'<;._n?l".? AQenda Item NO'~t" . o o o o 1 2 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF AN AGREEMENT WITH JAMES E. AND CAROL A.MASSEY, RELATING TO THE USE OF A NON-CONFORMING SIGN. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor is hereby authorized and directed to 7 execute on behalf of said City an Agreement with James E. and 8 Carol A. Massey, relating to the use of a non-conforming sign, 9 which agreement is attached hereto, marked Exhibit wAw, and 10 incorporated herein by reference as fully as though set forth at 11 length. ., 12 SECTION 2. The City Clerk of the City of San Bernardino is 13 directed to have the Agreement for non-conforming sign recorded 14 with the San Bernardino County Recorder. 15 I HEREBY CERTIFY that the foregoing resolution was duly 16 adopted by the Mayor and Common Council of the City of San 17 Bernara~no at a 18 the day of meeting thereof, held on , 1985, by the 19 following vote, to wit: 20 AYES: 21 22 NAYS: 23 ABSENT: 24 25 26 27 / / / 28 / / / City Clerk / / / / / / . o o 1 o o The foregoing resolution is hereby approved this , 1985. 2 of 3 4 5 6 Approved as to form: 7 ~<<~. 8 City A torney 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 day Mayor of the City of San Bernardino 2 . Q o o o 1 2 3 4 A G R E E MEN T (Non-conforming Sign) THIS AGREEMENT is entered into this day of , 1985, by and between the CITY OF SAN 5 BERNARDINO, a municipal corporation, hereinafter referred to as 6 .City., and JAMES E. and CAROL A. MASSEY, hereinafter referred to as .Owners.. 7 8 The parties agree as follows: 9 1. Recitals. 10 A. Owners are operators of Massey Insurance Company 11 (Company), and owners of property located at 872 North Arrowhead 12 Avenue, San Bernardino, California, hereinafter referred to as 13 .Property., legally described in Exhibit .1-, attached hereto and 14 incorporated herein by reference as though fully set forth at 15 length. 16 B. This agreement is entered into under the authority of 17 Riaas v. Citv of Oxnard (154 Cal.App.3d 526, 201 Ca1.Rptr. 291). 18 City has made findings consistent therewith. 19 C. The use of Property in the manner provided herein is a 20 non-conforming use in the zone where Property is located. 21 D. City has determined that equity will be served by 22 allowing Owners to continue the use of a non-conforming sign for 23 the duration of their (OWners') operation of Company at the 24 above-referenced location. 25 26 forth the terms and conditions for OWners' continued use of the E. The parties desire to enter into this agreement, setting 27 non-conforming sign. 28 / / / / / / 1 EJ(!ll~'T . , . , . o o o o 1 2. Consideration. 2 This agreement is entered into in consideration of City 3 forebearing from prosecution of a legal action to require the 4 immediate removal by City abatement procedures of an on-premise 5 electric sign with not more than twelve square feet of facing, 6 presently attached to the Property and advertising the Company. 7 Consideration flowing from OWners to City is OWners' full and 8 complete compliance with all terms and conditions of this 9 agreement during all times that this agreement is in force. 10 3. Conditions. 11 A. Upon discontinuance of the operation of Company by 12 OWners at Company's present location, the subject sign shall be 13 removed. No sign which is not expressly permitted within an R-3 14 zone by the San Bernardino Municipal Code shall thereafter be 15 placed on the Property. 16 B. For purposes of this agreement, .discontinuance of the 17 operation of Company by Owners. shall be deemed to have occurred 18 at such time as the Company is sold, conveyed or hypothecated by 19 sale, gift, grant, bequest or assignment or at any such times as 20 both the Owners specifically named herein have ceased their 21 active participation in the operation of the business. 22 C. Notwithstanding any other provision of this agreement, 23 this agreement shall expire on September 30, 2010. 24 4. Preservation of Riahts. 25 A. Commencing one day following the expiration of this 26 agreement, the continued use of the non-conforming sign shall be 27 deemed to be a violation of the zoning laws of City. 28 III I I I 2 . c o o o 1 B. By entering into this agreement the City is not waiving 2 any right it may have relating to termination of the non- 3 conforming use, or enforcement of any law. 4 IN WITNESS WHEREOF, the parties hereto have executed this 5 agreement the day and year first above written. 6 CITY OF SAN BERNARDINO 7 8 By Carol A. Massey 9 10 ATTEST: Mayor 11 12 City Clerk 13 Approved as to form: 14 15 /lMIi7~) /I;k!/u4!:v 16 Ci~;:;r:;:ey James E. Massey 17 18 NOTARY ACKNOWLEDGMENT: 19 20 21 22 23 24 25 26 27 28 3 . Q o o o ALL THAT REAL PROPERTY SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF THE EAST ONE-HALF OF LOT 7, BLOCK 62, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7 OF MAPS, PAGE 1, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 7, THENCE NORTH 150 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID LOT, THENCE WEST ALONG THE NORTH LINE OF SAID LOT, 150 FEET MORE OR LESS TO THE WEST LINE OF THE EAST ONE-HALF OF SAID LOT, THENCE SOUTH 150 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID LOT, THENCE EAST 150 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THE SOUTH 50 FEET THEREFROM OF LOT 7. EXHIBIT "I" . " o o o Recorded at the request of, and when recorded, return to: Ci ty Cl erk City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 COVENANT RUNNING WITH THE LAND For good and valuable consideration, the receipt of which is hereby acknowledged, Jamos .,. 1<las5ey ann Car"le AI Ma5sey . collectively "Grantor", hereby grants to the City of San Bernardino, a municipal corporation, 300 North "0" Street, San Bernardino, California, the following covenant which shall run with and be binding upon that certain parcel or parcels of property in the City ~f San Bernardino, County of San Bernardino, State of California, described on Exhibit A which is annexed hereto and incorporated herein by reference. Grantor hereby covenants with the City of San Bernardino that neither the premises described herein, nor any portion thereof, shall hereafter be conveyed, transferred or hypothecated by sale, gift, grant, demise or assignment to any person or entity for any purpose other than use as a multifamily residence. Grantor will specifically notify any grantee or transferee that no business office shall be permitted upon the premises after any sale or transfer by the present owner. This covenant runs with the land and is binding on all heirs, administrators, executors and assigns of grantor for a period of twenty-five years from date of its recordation. In the event of a breach of the covenant by the grantor or any heir, executor, administrator or assign, said person or persons shall be immediately subject to prosecution by the City of San Bernardino for violation of its . EXHIBIT I . o o o o zoning laws, and such use of the property in violation of the provisions of this covenant shall constitute a public nuisance, subject to abatement by the City of San Bernardino. In witness 12th day of I whereof. Grantor Burch this document this has executed . 19~ L/ ~::{~ ~~:NOWb ".l::~~~~",{ ~ f}'~}) O'fICIAI ~IAI " ~ '7<-::-" -',;, MOP-l~Y BALLI'NI1~ ~ ;\\', .i' NUll",. r".lI..c (". . . t~..., . ~ flR!' LIi"l \JIIIC~ If\; t :~~~~~~~~:; '~:..~:~~.~:~-~ /,;J / tJ,f..s /' ACCEPTANCE BY CITY The City of San Bernardino hereby accepts the covenant included within the attached document. DATED: NO "1\ GENERAL ACKNOWLEDGMENT ,~~LA .~,-,~_.'_w'~ ~. - - -~.~ i"'f"t ~ f 1 I ".,".',--.'. } : ta e 0 _~_...u~~~'---'- '.~ ,COU~lyol ~a" ::'cn.,,,":}:;.) 55. :~ ~~--::'~~~':"~-'~~~~'l:f~:;~/""-;.;:"~'~' , ~ -~ ' \ ~ .,:........1 i';\" MORLEY BAlfJWII-J ~ ~, ~ ".~~.... ',1:..);) NwlARr f'JHI( . (;.LII ;;.,.~l:. \ , '~ ;S .~_.--:..:;~ PRJ'..CIP;"L 01 i 1':-] U~ ~ ;\ ~~::- SAf~ Btt'.Ak;)II~":") L'-.ll,.;t,J'Y '" ~ .~~!_~~~~~~;~~ ~~~~~~~;~:~6~_ :~ r~' " ~~T' ~. .' _. -'- .~:...~~. a". ~. ~ ." _. --,,-. --~ ~ - -- ---~. 1-~.b::r:'::6-~ ~ On Ihlsll<itiJ..__ day of !',RT'''n p___ ____~__==....hJ.lG Bf. -i ~h...r-'; n,~________ . Ihe undersigned Notary Public, personally appeared _~~rr.es E. lI.lis,....t'..,~r S:P'.~ r.RT"nlf" .1 l'~!;.~~y _ .. personally known to me It proved 10 me on the basis of salisfactory evidence 10 be the person(s) whose name(s) __are ._ p ._subscribed to the wilhln Instrumenl, ~nd acknowledged Ihal~j.' executed it. WITN 5 my h _ Ef and ottlc;al seal ~' ~~,v, h' ,f/ g. .~, ""~- Notary' 51 \- ure ,~ _ __ __ .....____~__~;,_._'..,..._"..._.,.,;....LL----~...e:::.~.........,:,..:~../~/.///~~~...e...*'.._'~~~ ". ., \ ,'. " ~ ~ o o o o 4, THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF S~N BERNARDINO, STATE OF CALIFORNIA. AND IS DESCRIBED ~S FOLLOU$: THAT PORTION OF THE EHST ONE-HHLF OF LOT 7, BLOCK 62, IN THE CITY OF SHN BERNARDINO. COL/Nn' OF SAN BERNARDINO., STATE OF CALIFORNIA. AS PER MAP RECORDED IN BOOK 7 OF MAPS. PAGE J, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COLmT,', DESCRIBED AS FOLLDUS: BEGINNING HI THE SOUi,-;EH~;'i C'-,,:.;i:': OF i..{l7' 7, THENCE IiO/.:TH J50 FfEL NOr'[ (.j:" LE::,3. TO r..,E i,':',- ;-r;,:.,:~T C.).:'"E.=( OF $':'ID LOT; THENCE /.lEST i<L(I"G THE NC.~:TH LIaE DF SHID LDT.. ;:50 FEET NORE OR LESS TL1 THE PlEST LINE OF THE EHST DIo/E-nHLF (iF SHIv LOT,; THENCE SOUTH J50 FEET. NORE OR LESS. TO THE SOUTH UhE OF SHID LOT; THENCE EAST JSO FEET. NORE OR LESS, TO THE POINT OF BEGINNING, EXCEPTING THE SOUTH SO FEET THEREfRDN OF LOT 7, EXHIBIT A