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HomeMy WebLinkAbout0996A 10 nil 1211 13 II !I I, 14 15 I 161 I 17 i IS I! 19 20 i I 21 ii 22 23 24 25 111 21 31i 4' 5 RESOLUTION NO. ? f?' /I A RESOLUTION OF THE 1ffiYOR AND COI~ftON COUNCIL AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE GOVERNING BODY OF THE CITY OF SAN BF~ARDINO SCHOOL DISTRICT OF SAN BERNARDINO CO TlliTY, P&~- TAINING TO THE LEASING OF CERTAIN REAL PROPERTY. WHEREAS, the necessity of promoting the health and general welfare of the people of the state and oommunity and the cultivation and development of good citizenship by provision for 6 7 81 9 adequate programs of community recreation, is recognized by both the City of San Bernardino and the San Bernardino School District; and WHEREAS, both of said parties hereto are authorized by law to cooperate with each other for the attainment of general educational and recreational objectives for children and adults of the State; and WBEREAS, the three parcels of real property described in said Lease Agreement or any of said three Pfrcels is not now and will no longer be needed for public school purposes, and the use of said property, or properties for community recreational pur- poses by the City of San Bernardino, will not interfere with the use of said property, or properties, for any purpose of the public school system; and WHEREAS, the City of San Bernardino has heretofore filed an action in the Superior Court of the County of San Bernardino, California, entitled "CITY OF SAN BERNARDINO, a municipal corpor- ation, Plaintiff, vs. The CITY OF SM, B~~ARDINO SCHOOL DISTRICT; 26' CITY OF SAN BERNARDINO HIGH SCHOOL DISTRICT; THE BOARD OF EDUCA- 27 TION; JESSE W. CURTIS, DR. ED ENGEL, J. CLIFFORD LEE, DR. A. E. 28 HANCOCK, EARL TRUSCOTT, JACOB VAN VLIET, JASPER V. GLOVER, ET AL;, 29 numbered 51262, which said action sets forth the demand of said 30 City to be reimbursed for the Defendants' proportionate share of 31 the cost and expenses of that certain primary election held on 321 the 17th day of March, 1941, and the general election on the 14th 3 4 5 I :1 [' 81 9 10 11 12 11 day of April, 1941; the primary election held March 15, 1043, 2 and the general election held on Monday, the 12th day of A'wj 1, 1943, said proportionate share being computed in accordance with Section 2.973, 2.974 and 2.975 of the State School Code; and WHEREAS, the manner of holding said elections and the expense thereof has been and is a subj<lct of controversy between the parties hereto, and said parties are desirous of adjusting and settling said controversy in an amicable and equitable man- nero NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: SECTION ONE: That the City of San Bernardino enter 13 into and execute an agreement with the Governing Body of the 14 City of San Bernardino School District whereby said School Dis- 15 trict shall grant to said City the exclusive use of the follow- 16 ing described three parcels of real property, for a term of 17 ninety-nine (99) years; said properties to be used by said City 18 for any and all of the purposes provided for by Division 12, 19 Chapter 4, of the Educational Code of the State of California, 20 and further providing that should any of said property, or por- 21 tion thereof, be used for any other purpose than as a recreationa 22 center, as defined by Section 24402 of the Educational Code of 23 California, any and all of the proceeds or profits so derived fro 24 such use shall be used and expended by said City for the further- 25 ance and development of community recreational purposes. 26 SECTION TWO: That said agreement shall further provide 27 that the action heretofore filed by the City of San Bernardino 28 against said City of San Bernardino School District, et al., bein 29 Number 51262, shall be dismissed with prejudice to the filing of I 301 a new action and that said City of San Bernardino shall assume I , 31 and pay any and all school election costs of said City of San 32 I Bernardino School District or the City of San Bernardino High , - ~ - 'r. " 111 .1 i! 2" :, 'I ,. 3,1 Ii 4,1 5 !] Ii 611 7: I : ,I I I I 10 i I 11 12 13 14 151 161 1711 18 " I: II 19 I' II 20 II 211 Ii 2211 " 23 i I I 24 I I 251 I 26 I 271 28 29 I 30 Ii I 31 I 321 School District, which costs are incurred, or shall be incurred, r- I I I pursuant to the terms of Sections2104 to 2106 of the Election Code of California. SECTION THREE: That said property so referred to here- in is more particularly described as follows, to-wit: PARCEL I (ST. ELMO SITE) All that portion of Lot 5 in Block 53, accord- ing to Map of San Bernardino Rancho, in the City of San Bernardino, in the County of San Bernardino, State of California, as per plat recorded in Book 7 of M~ps, Page 2, records of said County, described as follows, to-wit: BEGINNING at the Northwest corner of said Lot 5; thence East along the North line of said lot, 320 feet; thence South parallel with the West line of said lot, 300 feet; thence West parallel with the North line of said lot, 320 feet; thence North 300 feet to the poi~t~of beginning. 30 )1':(f,4~() EXCEPTING the north ~fee~6~id property reserved for street purposes. PARCEL II (OLD RAMONA SITE) All that portion of Lot 10, Block 17 of the Rancho S~ Bernardino, in the City of San Ber- nardino, 00unty of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows, to-wit: COMMENCING at the Northwest corner of said Lot 10; thence East along the North line of said Lot 294.6 feet to the Northwest corner of Lot 7, Block 2 of Garner Subdivision, a~,~,r~~ recorded in Book 3 of Maps, Page 77~~l6f said County; thence South along thd West line of Garner Subdivision 277 feet more or less to the North line of Victoria Street, so called; thence West along the North line of Victoria Street 294.6 feet to the West line of said Lot 10; thence North along the West line of said Lot 10, 277 feet more or less to the point of beginning. '11 PARCEL III (MEADOVffiROOK SITE) The following described real property together wi th all the buildings located thereon excepting the six (6) bungalow classroom buildings fronting on Allen Street. Said school district reserves the right and will remove said six bungalow class- room buildings above referred to within a reason- able time, and not later than ninety days after the date of this indenture. ~fte-We~~-7-&&P&&-&~-~~e-~e*~~~~-~e&&~~&e~-~~e- - 3 - 5 6 7 j ! , t ~ ; , 10 !! 11 12 13 14 , 15 ,) '* if 16 ~ " ~ t i 171" I 181 ,I " 19 II ,I " 20 I , , 211: I 22 I! 2311 24 "', 25 ~, , 26 !I 2711 2811 2911 30 II 3111 3211 I I e 1 2 3 41 i North 400 feet of Lot 1 and the East 81 feet of the North 400 feet of Lot 12, in Block 8, of the ]'ive-Acre Survey of the Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per pl&t recorded in Book 7 of Maps, page 2, records of said County. SECTION FOUR: That the Mayor of the City of San Ber- 8 i , I behalf of said City of San Bernardino. I I HEREBY CERTIFY thot th, for'Roing ',,01ut10n 'm, dUlY! Ber- , I I I I nardino i8 hereby authorized to execute said Lease Agreement on 9 adopted by the Mayor and Common Council of the City of San nardino at a regular meeting thereof held on the .z 0 i h day of }Ilovewt bel' Jil>Il'ln..,y, 19~, by the following vote'J to,-wit: Ayes .J;,~,Q~LL1t_, J~OAI ,(2~~L.Jii Noes 'vl""-,,. _ Absent '-v,~", - ~~~ the foregoing Resolution this :2 Jst day of I hereby approve )l OVSVl1 \:Ie r . T!T1"~. 194'" the City of San Bernard"no Prepared and approved as to form. ~.~ ey~ - 4 -