HomeMy WebLinkAbout2008-441
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RESOLUTION NO. 2008-441
WHEREAS, on December 19, 2005, the Mayor and Common Council of the City of San
Bernardino adopted Resolution No. 2005-416, authorizing the execution of a Mills Act
Preservation Agreement ("AGREEMENT") with John Stephen Alexandrowicz for property
8 located at 783 North Mountain View Avenue, also known as Assessor's Parcel Number 0140-
9 293-21, more fully described therein and also in Exhibit "A" attached hereto and made a part
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hereof; and
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WHEREAS, said AGREEMENT was recorded in the office of the San Bernardino
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13 County Recorder's Office on January 20, 2006 as Document No. 2006-0044594; and
14 WHEREAS, pursuant to Section 9 of the AGREEMENT, said AGREEMENT may be
15 cancelled if said property is acquired in whole or part by eminent domain or by an entity
16 authorized to exercise the power of eminent domain; and
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WHEREAS, the San Bernardino City Unified School District ("DISTRICT") has
acquired said property located at 783 North Mountain View Avenue from John Stephen
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20 Alexandrowicz. for the purpose of constructing a new elementary school at this location; and
WHEREAS, the DISTRICT, by a letter dated November 3, 2008 (attached and
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22 incorporated herein as Exhibit "B"), has requested the cancellation of said AGREEMENT as
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provided for therein.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
26 SECTION 1. The Mayor and Common Council hereby finds that the acquisition of said
27 property described herein by the San Bernardino City Unified School District for the purpose of
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] 1/20/08
2008-441
RESOLUTION OF THE CITY OF SAN BERNARDINO CANCELING A HISTORIC PROPERTY
1 PRESERVATION AGREEMENT (MILLS ACT CONTRACT) FOR PROPERTY LOCATED AT 783
NORTH MOUNTAIN VIEW A VENUE.
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3 constructing a new elementary school frustrates the purpose of said AGREEMENT, as provided
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for therein and does hereby cancel said AGREEMENT.
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filed, a certified copy of this Resolution with the San Bernardino County Recorder's office.
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SECTION 2. The City Clerk is hereby directed and authorized to file, or cause to be
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11/06/08
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2008-441
RESOLUTION OF THE CITY OF SAN BERNARDINO CANCELING A HiSTORIC PROPERTY
1 PRESERVATION AGREEMENT (MILLS ACT CONTRACT) FOR PROPERTY LOCATED AT 783
NORTH MOUNTAIN VIEW A VENUE.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a j oint regular
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meeting thereof
held on the 1st
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8 wit:
9 Council Members:
10 ESTRADA
11 BAXTER
12 BRINKER
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(VACANT)
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15 KELLEY
16 JOHNSON
day of December
, 20~, by the following vote, to
AYES
NAYS
ABSTAIN ABSENT
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x
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17 MCCAMMACK
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The foregoing resolution is hereby approved this ~~ day of December
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~eAJ.6.~
City erk
,20~.
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24 Approved as to form:
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.1. MORRIS,
Bernardino
r
J~tf
~t~~~:iCo"~se J
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11/06/08
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EXHIBIT "A"
LEGAL DESCRIPTION
APN: 0140-293-21
THAT PORTION OF LOT 5, BLOCK 49, CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 7 OF
MAPS, PAGE I, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT, 120 FEET SOUTH OF THE
NORTHWEST CORNER OF SAID LOT 5;
THENCE EAST, PARALLEL WITH THE NORTH LINE OF SAID LOT, TO A POINT ON
THE EAST LINE OF SAID LOT, 120 FEET SOUTH OF THE NORTHEAST CORNER
THEREOF;
THENCE SOUTH, ALONG SAID EAST LINE, A DISTANCE OF 51.5 FEET, MORE OR
LESS, TO A POINT 128.5 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT;
THENCE WEST, PARALLEL WITH THE SOUTH LINE OF SAID LOT TO A POINT ON
THE WEST LINE OF SAID LOT, 128.5 FEET NORTH OF THE SOUTHWEST CORNER OF
SAID LOT 5;
THENCE NORTH, ALONG THE WEST LINE OF SAID LOT, TO THE POINT OF
BEGINNING.
EXHIBIT "B"
Arturo Delgado, Ed.D.
Superintendent
November 3, 2008
Laszlo "Les" Fogassy
Assessment District/Real Property Manager
City of San Bernardino
Development Services Department
300 N. "0" Street, 3rd Floor
San Bernardino, CA 92418
Re: Lincoln II South Elementary School Project
Mills Act Contract - 783 N. Mt. View Avenue
Historic Property Preservation Agreement #2005- 416
SBCUSD request to terminate recorded agreement.
Dear Mr. Fogassy:
Please accept this letter as a formal request from the San Bernardino City
Unified School District (SBCUSD) to the City of San Bernardino to terminate
Historic Property Preservation Agreement #2005-416 and release the
recorded encumbrance on the property title.
SBCUSD has acquired the property at 783 N. Mt. View Avenue, APN #0140-
293-21 from Mr. John Steven Alexandrowicz as apart of the site for the
construction of the new elementary school referenced, above. SBCUSD has
executed an agreement with Mr. Alexandrowicz for the possible relocation of
the structures to another parcel.
Should you have questions or require additional information, please do not
hesitate to contact Mr. Kit Kurisaki of my staff at 909-381-1238 or me.
Wael Elatar
Facilities Administrator
Attachments (2) - Grant Deed
Agreement 2005-416
Wael Elatar Facilities Administrator
FACILITIES/OPERATIONS DMSION
777 North F Street. San Bernardino, CA 92410
(909) 381-1238. Direct (909) 381.1232. Fax (909) 885-4218.
samer.alzubaidi@sbcusd.com
,. f.
PlEASE COMPlETE THIS INFORMATION
Recorded In Offici. Records, County 01 Sap Bernardino
~ LARRY WALKER
'\~ ....: .... Auditor/Controller - Recorder
\'" P Counter
,:.-,
000#: 2008 - 0543250
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12/08/2008
2:38 PM
MP
RECORDING REQUESTED BV:
AND WHEN RECORDED MAIL TO:
Tilles; 1
Peges: 7
CITY OF SAN BERNARDINO
CITY CLERK
300 N. "D" STREET
SAN BERNARDINO, CA 92415
ree$;
0.00
0.00
0.00
$0.013
Taxes
Other
PAID
APN:
FEE EXEMPT PURSUANT TO
GOV. CODE SECTION 27383
SPACE ABOVE FOR RECORDER'S USE ONLY
RESOLUTION NO. 2008-441
lItle of Documttl1t
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
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