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HomeMy WebLinkAbout12782 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NAYS: 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION NO. / J 7 f?,.j. " 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH EUGENE L. CHERPIN REGARDING THE DEMOLITION OF RESIDENTIAL 3 BUILDING LOCATED AT 966 NORTH FLORES STREET, SAN BERNARDINO, CALIFORNIA 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an agreement with Eugene L. Cherpin, Executor of the estate of Augustine Cherpin regarding the demolition of residential building located at 966 North Flores Street, San Bernardino, California, a copy of which is attached hereto, marked "Exhibit A" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a1v1~N{ ,$.1 m ting thereof, held of the '1-d day of '7;;.Ji~ ,1977, v by the following vote, to wit: Councilmen '7!);;I5./A,i;r:;~.J" tLhJ"/. ./' / 7~~A/I).. .... AYES: / ABSENT: .& The foregoing resolution is hereby approved this J/~ day of .77/ , 1977. Approved as to form: MAY 1 31977 LUCIU.E GOFORTH. City CItIlI 4?/t ~ . .. '?/I. '/(<:'~'J.MMr t, " ". Ii 1 2 3 4 A G R.E E MEN T (demOlition of building) THIS AGREEMENT is made and entered into this :?,,"'y'! day of ~ ' 19~, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter called "City", and 5 6 Eugene L. Cherpin. executor of the Estate Augustinp r.hprpin , hereinafter 7 called "Owner(s)". 8 WIT N E SSE T H: 9 I parcel of real property together with a building(s) situated WHEREAS, Owner(s) is the Owner(s) of a certain lot or 10 11 thereon at 966 North Flores Street Street, in the 12 City or San Bernardino, County of San Bernardino, State of 13 California and described as follows: 14 The East 335 feet of Lot 6, Tract 2639, in the City of San Bernardino, County of San Bernardino. State of California as per plat recorded in 15 Book 37 of Maps, page 50, records of said County 16 17 18 and; 19 WHEREAS, title to said property is vested in Owner(s) as 20 follows: Eugene L.Cherpin. executor of the Estate of Augustinp r.hprpin n =d 22 WHEREAS, said building(s) upon said premises is vacant and 23 unoccupied; and 24 WHEREAS, said building(s) is a blight upon the area which 25 is an impact area designated by the City's Community Development 26 Department and said building(s) is in a hazardous and dangerous 27 condition and should be abated; and 28 WHEREAS, City desires to demolish said building(s) ~nd ~ ~ \' -, r 1 Owner(s) desires to permit City to destroy and demolish said 2 building(s) upon the terms and conditions as set forth and said 3 building(s) is a blight upon the designated impact area and is 4 eligible for the expenditure of Community Development Grant funds 5 for said demolition; and 6 WHEREAS, City is agreeable to demolishing and removing 7 said building(s) from the real property hereinabove described 8 without any cost to Owner(s) and without the said costs being a 9 charge or lien upon the real property involved if Owner(s) agrees 10 to said demolition pursuant to the provisions of this agreement; 11 and 12 WHEREAS, Owner(s) represents and warrants to City that 13 there are no liens or encumbrances upon said property except as 14 follows: 15 None 16 17 18 NOW, THEREFORE, in consideration of the mutual promises, 19 provisions, agreements and legal detriments herein contained, it 20 is agreed as follows: 21 1. City shall file all required environmental impact 22 statements, make all required publications, conduct all required 23 hearings, and perform other ministerial functions required to 24 obtain approval for the demolition of the bUilding(s) upon 25 Owner's(s') real property and to receive or be able to use Federal 26 Community Development funds therefor. 27 2. When said funds are available, City shall use said 28 funds for the purpose of demolishing the building(s) and 1 I I structure(s) upon that real property hereinabove described and : . ,- 2 shall obtain a contractor, any necessary liability bonds naming 3 Owner(s) as an additional insured and all permits necessary to 4 demolish the said structure(s). City shall supervise and cause 5 the demolition of the building(s) and structure(s) upon said real 6 property and shall cause all holes and foot trenches, if any, to 7 be filled and shall cause the property to be placed in a condition 8 so that it will drain to the natural fall of the surrounding 9 terrain. 10 3. No costs shall be assessed against Owner(s) personally 11 or against the property involved for any costs or expenses in- 12 curred in connection with the demolition of the building. 4. Owner(s) hereby agrees to the demolition of the build- 13 14 ing(s) and structure(s) upon the real property, and does hereby 15 release the City, its elective and appointive boards, commissions, 16 officers, agents and employees from any and all claims for 17 18 damages as a result of said demolition of said building(s) and does, upon completion of the demolition, agree to execute a 19 20 general release releasing City from any and all claims in connection with the abatement. 21 5. Owner(s) warrants and represents that he is the Owner(s) 22 of the property with his title as vested in the Second Whereas 23 clause and that the said property is unencumbered except with the 24 liens and encumbrances as set forth in the Seventh Whereas clause, 25 and Owner(s) agrees that he shall not sell, encumber, transfer or otherwise dispose of said real property or any interest therein 26 27 involved hereunder until such time as the building(s) is 28 demolished as provided for herein unless the transferree of the c' .Ii . 1 property or any interest therein agrees to be fUlly bound by the 2 provisions of this agreement. Owner(s) hereby agrees to hold the 3 City, its elective and appointive boards, commissions, officers, 4 agents and employees harmless from any and all claims for damages 5 by any person, firm or corporation having any interest in the 6 property should such person, firm or corporation claim damages as 7 a result of City's demolition of the building(s) pursuant to the 8 provisions of this agreement. 6. All notices herein required shall be in writing, and . 9 10 delivered in person or sent by certified mail, postage prepaid, 11 as follows: 12 City Clerk City Hall 300 North "D" Street San Bernardino, CA 92418 13 14 15 Eugene L. Cherpin 966 N. Flores Street San Bernardino, California 7. Time is of the essence with respect to the provisions 16 of this agreement. 8. This agreement shall be binding on and inure to the 17 18 benefit of the heirs, executors, administrators, successors, and 19 20 assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this 21 agreement on the date first hereinabove written. 22 ATTEST: 23 24 25 26 27 28 "OWNE!t S)" ~/~_. '1M~lIar4A; I Form 1349 CL TA Guarantee Face Page GUARANTEE LIABILITY $ 100.00 FEE $ 15.00 ORDER NO. 16138 YOUR REF. CHERP IN First American Title Insurance Compa.ny a corporation, herein called the Company, GUARANTEES COMMUNITY DEVELOPMENT DEPARTMENT 1287 West 5th Street San Bernardino, California 92411 Attn: Bob Se If herein called the Assured, against actual loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. .. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. Dated: Apri I 12, 1977 RY First American Title Insurance Compa.ny Form 1355 CL T A Guarantee Form No. 12 SCHEDULE A LOT BOOK GUARANTEE ORDER NO. 16138 The assurances referred to on the face page are: That, according to the Company's property records relative to the following described real property (but without examination of those Company records maintained and indexed by name): The East 335 feet of Lot 6, TRACT 2639, in the City of San Bernardino, County of San Bernardino, State of California. as per plat recorded in Book 37 of Maps, page 50, records of said County. A. The last recorded instrument purporting to transfer title to said real property is: A Trustee's Deed recorded July 9, 1968, in Book 7055, page 955, Official Records. TRUSTEE: Security Title Insurance Company, a corporation GRANTEE: EUGENE L. CHERPIN, executor of the Estate of Augustine Cherpin D. T. T.: $2.20 B. There are no mortgages or deeds of trust which purport to affect said real property, other than those shown below under Exceptions. No guarantee is made regarding any liens, claims of lien, defects or encumbrances other than those specifically provided for above, and, if information was requested by reference to a street address, no guarantee is made that said real property is the same as said address. Exceptions: A Deed of Trust to secure payment of monies due the United Bonding Insurance Company, a corporation, in a certain Contract between James D. Greenwood and the United Bond- ing Insurance Company, recorded January 14, 1960, in Book 5032, page 129, Official Records. TRUSTOR: TRUSTEE: BENEFICIARY: James D. Greenwood husband and wife John F. Merrill UNITED BONDING INSURANCE COMPANY and Phyllis Greenwood, .u ~ ~ ... , ill $ @ ~ - o "", e . 3. .,.- ~ fi . ~ ",. ""... 0_ . .. ~Q> S. .... 00 ~. .. .- . en!D)> 00.. "0 .. ,..- !Do .. ~C;;~ .."'~ o ..- ~" !!:o il: I ::.et Q 0.... . ~i: .. .;r ~~~)~!~ ~~~~:~, ::!='.....ctt ". I"' u ~-----~~;~~~~~~~;~~~------r----- t PENNSYLVA..... AVENUE t ".$' ".' .. ... .. .. ,. 6' .t.... I @ , @ @ , @ . @ @ . , - . , @ el . @ @ @ @ ~ @ @ .. .. . CO . . . @ . t @ . @ . ! @ ,.' ,- ..' ,~~ ,. .,' .,.... '." .. ~ ~ o ... :t: ;! I t-..-*. FLORES I . :, '~ STRffT-I,.....,,,- , ... t I .. , . 0 .a",.. . . . . , .. @ _If, .". . . ~ ;; @ . . ~ @ ..2..". :: @ - @ @ ----...-- ----- @ . . . , @ @ . , @ . '. @ ~(~- o' @ @ '" it ::: -I ..' - ::;t Q n - ~ !:l I\) 81 (0 I ~ lD ~ ~ (Jj o ~Y1 .... ... nlD 2 8.~ .0 ~~ ... 00 ~ ~ , - ~ , , n " " , . GUARANTEE ~'\: ,~ ~ AMERl C '1 1r First America,n Title Insurance Compa,ny HOME OFFICE: 421 NORTH MAIN STREET, SANTA ANA, CAliFORNIA 92701. (AREA 714) 547-6892 RECORDING REQUESTED> BY %b~ -. - ' :.~; ,,: :->_UIJ:::'~I .',;:). :u. BOO;UO;);) PAGE8S5" i,\ BooK 7055 PACE 955 . ; i:iI _C' j' .]: 2;J t';..; ..",,_ .._~ r-1 U u AND WHEN RECORDED MAn. TO ,.\.,.. ;......ri.t.l,. ISECURITY TITLE INSURANCE co:l NOME 480 i1est Court Street . ADD.U' San Bernardino, California ,.:.-' .;.. z~~::. ; '::';c~r! N .- \a" ,^ -'" :::IT'I' . STA-e: L Title Order No TS 2269 Escrow No 435943 ~ I C2.~O f SPACE ABOVE THIS LINE FOR RECORDER.S USE CDS: $2.20 TIUISTEE'S DEED Executed by Security Title Insurance Company, a corporation, and herein called trustee, To EUGENE L. CHERPIN, EXECUTOR OF THE E~TATE OF AUGUSTINE CHERPIN, herein called grantee. The decd of trust hereinafter referred to was executed by James D. Greenwood and Phyllis Greenwood, husband and wife, and recorded on March 7, 1960 in book 5075 page 272, Inst .#912. Ollicial Record. of San Bernardino County, State of California. In this deed, this county and state wiII be referred to as "said county and state." The deed of t=t was made to secure obligations stated therein and the pa)"lIlent of a note or notes for the total sum recited on the face of the deed of tru.t, with interest, and to secure any other money or obligations, the repayment of which was secured by that deed of trust. Default occurred as set forth in a notice of default and election to sell under said deed of trust, which notice of default was recorded in book 6977 page 483 of Official Records of said county and state. Tru,tce has complied with all requirements of law regarding the giving of notices. After three months elapsed from the recording of said notice of default, trustee posted a wrilten notice of the time and place of sale in a public place where ....id property was to be sold; caused publication of said notice in the San Bernardino Evening Telegram, published at San Bernardino . California. a newspaper of general circulation printed and puhlishcd in tlle city or judicial district in which said property or part thereof is situated; and by posting a copy of said notice of sale on the real property described in said deed of trust, as required by law. The posted notices and the published notice con- tained the description of the property to be sold. Said publication and posting continued for a period not los. than 20 days prior to the date of sale contained in said notice. Thereafter Trustee offered the proeerty described in said deed of trust for sale at public auction on ';-[edne sda:y , . June 19 196tl at 10: 00 o'clock at the f'ront entrance of ~he Ofalce of Security Title Insurance Company, 480 \'iest Court Stree,~n~a1.rcou~~~.f.f.tate~1O, Trustee sold said property hereinafter described to the graolee abo,'e named for S 1,867.24 . subject to all prior liens and encumbrance.. Said granlee was the highest bidder. No person offered 10 take any parI of said property for the amount of principal, interest, advances, and costs. Trustee does hereby grant, wilhout warranty of title, to grantee, that property in said County and State, described as follows: In the City of San Bernardino; the east 335 f'eet of' Lot 6, Tract No. 2639, as per plat recorded in book 37 of Maps, page 50, records of' San Bernardino County. without covenant or warranty. express or implied, regarding the title to Dated........;r.~!!.~....!9.A.._!2~.?..............._....___..............._. said 'property or any encumbrance thereon. ~"iI $ ""I. "'0 _~.:..,,;..,~ ...!1S:.~..._ ,~....-!.,..':;o,.1 \~';i-;.'))..' ~~W DOCUMENTARY TAX ~RITY TITLE INSURANCE CO;\fPANY .."A'" By........._.......~.__.!i.,...~~.~...... By.~:.~~a~;Q:~~d........~~:~..~~~~~~~~:~::~ Edith D. Smith, Assislant Secretary STATE OF CALIFORNIA } COUNTY OF San Bernardino 55. On June 19, 1968 belore me, the undersigned, a Notarr.. Public in and far !laid County and State. personally appeared t{a 1ph L. Foust , known to me to be th~ Vi c e President. an" Edith D. Smith , known to me to be Ass i stant Secretary or the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf olthe corporation therein named, and 8cknowled:;ed to me that such corporation executed the within i~truie t pursuant to its by-laws or a resolution of its board of dnecto s. ~~ S/ Signature of Notary FOR NOTARY SEAL OR STAMP 5ft=-r.a::tlll""'llll:tlll!"'flQ'"!f1lt1N"~""'.~lfIt!IMtItIIlflr!,,",,""": i. ~I:: _ ELEANOR BURK i ~ :i~~j~_' NOTARY PU211C ~ ~ \~,:~:,:Ji) SAN BERNARDINO COUNTY 1 f ~ CALIFORNIA ~ j:.....-.-....,.,.,_'PI"'~..Ir.tlt"'Itft..____".IIII_...- .. F.!.E:t)lO~ Bt.~ Name (T).ped or Printed) of Notary \ \ MAIL TAX Keller & Holt Law Office STA TE~IENTS TO :................................................__................... ' Name Suite 302, 323 Court Street, San Bernar ............_..............Addr;... City-&.S;;..;;--....-...-- --..zip........Tno. . , LAW OFFICES Keller and Holt EDGAR C. KELLER .JACK O. HOLT SUITE 30</: FIRST AMERICAN BUILDING COURT AND ARROWHE.AD . SAN BERNARDINO,CALlFORNIA 92....01 TURNER 9.2681 July 18, 1968 Mr. Eugene L. Cherpin 15567 valley Blvd. Fontana, California 92335 Re:Estate of ,Augustine Cherpin Dear Eugene: We have received from Security Title Insurance Company, and enclose herewith, the original trustee's deed by which the Greenwood property has been deeded back to you by reason of the trustee's sale. This trust deed was recorded on July 9, 1968, in Book 7055, Page 955. You may wish to put the property up for sale again. Of course, if this is done at this time, it will be necessary to go through the usual probate rou- tine, and you may not give an exclusive listing or sign any type of listing with any realtor. As you know, if you will refer any realtor who may be interested in han- dling the matter to me, I shall be glad to explain the probate procedure to him. Yours very truly, KELLER AND HOLT ECK/nld Enclosure (1)