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HomeMy WebLinkAbout12777 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 RESOLUTION NO. /-Z'J 7 7' , I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH VICTORIA S. SALAZAR REGARDING THE DEMOLITION OF RESIDENTIAL BUILDING LOCATED AT 155 SOUTH WATERMAN AVENUE, SAN BERNARDINO, CALIFORNIA BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 9 10 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 Victoria S. Salazar regarding the demolition of residential building located at 155 South Waterman Avenue, San Bernardino, California, a copy of which is attached hereto, marked "Exhibit A" and incorporated herein by reference as fully as 11 though set forth at length. 12 13 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the Cityof San Bernardino at a~/7//7f...;;'j~ .m~ereof, held on the yd day of -h7 .. ,1977, by the following vote, to wit: AYES: Councilmen ~;(;,Lv ~ dd,."J,. ~/,>~A./~ · Z:~~)<,.; ,L'7'., .~o/{(fy~d The foregoing resolution is hereby approved this ~~. 14 15 16 17 18 NAYS: 19 ABSENT: day of /;77 , 1977. - MAyt31977: LUCILLE GOfORTH, City aerr .. ~7. -::ttl)~'f/-;;;V''-' v , , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 . 19 20 21 22 23 24 25 26 27 28 II " il A G R E E MEN T --------- " II " Ii li Ii II Iii 11t~ ' 19 17, by and between the CITY OF SAN BERNARDINO I la municipal corporation, hereinafter called "City", and II Victoria S. Salazar, a married woman I hereinafter Ii I Icalled "Owner(s)". I , Ii i I WHEREAS, Owner(s) is the Owner(s) of a certain lot or Iparcel of real property together with a building(s) situated (demolition of building) THIS AGREEMENT is made and entered into thisal~ day of WIT N E SSE T H: thereon at 155 South Watennan Avenue Rtreet, in the City of San Bernardino, County of San Bernardino, State of California and described as follows: The North 50 feet of the West 150 feet of that portion of Lot 21, Block 45, RANCHO SAN BERNARDINO, as per plat recorded in Book 7 of Maps, page 2, records , of said County, described as follows: COMMENCING at a point on the West line I of said Lot 21,697.15 feet South of the Northwest corner of said Lot 21; thenc~ South along the West Line of said Lot, 144.2 feet; thence East to the Westerly i right of way line of the San Bernardino Valley Traction Company; thence i Northerly along said Westerly line of said right of way to a point due East of the point of beginning; thence West to the point of beginning. ,and; WHEREAS, title to said property is vested in Owner(s) as follows: Victoria S. Salazar, a married woman ; and WHEREAS, said building(s) upon said premises is vacant and unoccupied; and WHEREAS, said building(s) is a blight upon the area which is an impact area designated by the City's Community Development IDepartment and said building(s) condition and should be abated; is in a hazardous and dangerous and WHEREAS, City desires to demolish said building(s) and , Ii " )! : I , ii 1 !!Owner(s) desires to permit City to destroy and demolish said I' 2 ~bUilding(s) upon the terms and conditions as set forth and said Ii 3 !ibuilding(S) is a blight upon the designated impact area and is I 4 Ii eligible for the expenditure of Community Development Grant funds II ~for said demolition; and II WHEREAS, City is agreeable to demolishing and removing said bUilding(s) from the real property hereinabove described I without any cost to Owner(s) and without the said costs being a ilcharge or lien upon the real property involved if Owner(s) agrees Ii II lito said demolition pursuant to the provisions of this agreement; II II" iiand II WHEREAS, Owner(s) represents and warrants to City that II there are no liens or encumbrances upon said property except as II follows: II d None :! S 6 7 8 9 10 11 12 13 14 15 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 Owner's(s') real property and to receive or be able to use Federal II ICommunity Development funds therefor. 2S 26 27 2. When said funds are available, City shall use said 28 funds for the purpose of demolishing the building(s) and . 19 . ~ r I Ii 1 ~structure(s) upon that real ~roperty hereinabove described and 2 , :ishall obtain a contractor, any necessary liability bonds naming I' i[Owner(s) as an additional insured and all permits necessary to " ~demolish the said structure(s). City shall supervise and cause Ii ilthe demolition of the building(s) and structure(s) upon said real !I " ~property and shall cause all holes and foot trenches, if any, to :Ibe filled and shall cause the property to be placed in a condition ,I " Ilso that it will drain to the natural fall of the surrounding Ii :1 t . I; erral.n. I , 3 4 5 6 7 8 9 10 3. No costs shall be assessed against Owner(s) personally i I lor against the property involved for any Icurred in connection with the demolition 11 costs or expenses in- of the building. 12 13 4. Owner(s) hereby agrees to the demolition of the build- 14 ing(s) and structure(s) upon the real property, and does hereby 15 i release the. Ci ty, its elective and appointive boards, cOll'lnissions, 16 officers, agents and employees from any and all claims for damages as a result of said demolition of said bUilding(s) and 17 18 does, upon completion of the demolition, agree to execute a general release releasing City from any and all claims in 20 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 26 otherwise dispose of said real property or any interest therein 27, involved hereunder until such time as the building(s) is 28 demolished as provided for herein unless the transferree of the 'j, " r i I [property or any interest therein agrees to be fully bound by the i provisions of ~his agreement, Owner(s) hereby agrees to hold the I I I City, its elective and appointive boards, commissions, officers, i agents and employees harmless from any and all claims for damages by any person, firm or ~orporation having any interest in the property should such person, firm or corporation claim damages as a result of City's demolition of the building(s) pursuant to the provisions of this agreement. 6. All notices herein required shall be in writing, and delivered in person or sent by certified mail, postage prepaid, as follows: City Clerk Victoria S. Salazar City Hall 155 South Watennan Avenue 300 North "D" Street San Bernardino, California 92408 San Bernardino, CA 92418 7. Time is of the essence with respect to the provisions of this agreement. 8. This agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first hereinabove written. ATTEST: "OVlNER(S)" BYMjJb4/-~ ____ By-:f~;'Z;J;' ~~/ .: ~0 , ~~;:/~ / ~ = \ . / ~ ~ ~~\~II\)./ P ~~~g/ s. r>> ::~ Ob ::!; :;.- n ;;- . o' . I -I ... , 1 , I I ~l I . ~ I . i I: ~ I g" it !II ! ~ .. ; i , . , i ~ . , , , ;1 . ; \ i " ,~ ~ , ~ i j i ~ :-i j , i J I j 1 , ~--'-~-'~'.'-......,. ....---- ~ ~ I ~ '\' WATERM4N- I b ~ Sf @ ~ l - AVENUE "(" ----,,&- ~ .r.V=" ~. ~ ,. .,<,:! @ " . z ~0 , n . I @ I;; " I J..il' ~ ,;~ .'" .... '" G . I o ~ e . o ~ r o , : ~lll , . ~ r ~ ?t- . . , 0 r ~ . . m . ~ . o ~ . , . . . . o , n ~~ 2- . ~ ~ ., n . , ~ dJ '"' , ." @ G ~ ~ ~ ;;; ~ i;j ~ .", "_7<#' + ~O .... ""J' (]) IIJ , ~.~ :...g> l V", ;;':. (;; e l to 0 <b 3 Q . a. .', ~ :0 2' . ~ l " _;ur,~.' , , (e; ~ lID "'IIJ):. g g ~ IIJ"'''' '" ....~ ~ ",," " Ol 0 ~ ;;. Q, S' ;?3:: 0",0 ~~" '5 .... ~ , , L_ ;....il'~' __--2>~ b m& ~---------'---_. o "0 ~O'(J) ~g .."""'oco ....0.. _ Q.':'; 1IJ"'0 ):.ot E g" o .;: @ @ IffiJ \ ~ S 8C, CD .....__:J1WS- ------ ~ ~ "' o. Form 1349 CLTA Guarantee Face Page ~ GUARANTEE LIABILITY $ 100.00 FEE $ 15.00 ORDER NO. 16138 YOUR REF. 136-311-04 First American Title Insurance Company a corporation. herein called the Company. GUARANTEES COMMUNITY DEVELOPMENT DEPARTMENT 1287 West 5th Street San Bernardino, California 92411 Attn: Bob Self 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. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the company for further information as to the availability and cost. Dated: Apri 1 12, 1977 PRESIDENT """'''''''''''''"''' 4i:!~- '\\ ,,- ,\\HE IIISg "" /' ~~ ....... If A \ ' e,,'" .' '. 7+ I " .' "p 0 ~ '. <!' ) I '" . '" ,,'. <" ~ . "-> /- . ~ : ::e ,....,. . C") I,:: :.. SEPTEMBER 2~ } E v> ..., ,~ ". 1968 .' ~ '" .,)'" '.. ..." ,I' .. ...... ...., "'\ t'4lIF O\\\i\'l- ./ \\'"\'h~r -~ First America.n Title Insurance Company Form 1355 CLTA Guarantee Form No. 12 , l 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): SEE LEGAL ATTACHED. A. The last recorded instrument purporting to transfer title to said real property is: A Grant Deed recorded September 13, 1951, GRANTOR: Charles F. Leonhardt & husband and wife VICTORIA S. SALAZAR, a married woman D.T.T.: $6.60 B. There are no mortgages or deeds of trust which purport to affect said real property, other than those shown below under Exceptions. in Book 2822, page 564, Irene L. Leonhardt, Official Records. GRANTEE: 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: NO DEEDS OF TRUST OF RECORD. MIl. 1. Il s. ..6..60 , (irant I"i't In conaidilltlltion ot 110.00 . NMIJlt Gf ..hicl. it aebG.w,.t....OUllU.S..I'.....UQIBAIWl.... ~Q'J ~~~il ..1.-".__.l.E.o,mt.qr'T. husband: ;;1Jld__wUe _ __................___ ..........._... do 11,CTO~iA:__s".,' S-"-ii.~M..-~:.. ..~:~!~.~~.:~:~~._ henb.)",pant tv County ot E'.l.n, BerJl 'lr.d11lO n~n""__""" . .......8tUe of CeIIIomIa. ~ u: Thf' Kortb 50 :re.:lt cf tile WeRt 1S(\ f<Nt of th.t portl0D of Lot 21. Block "fl.. RANCllQ SAlt BERIARDllfU, as per pInt :recorded 1. Book 'J of .aps, pale 2, ".cO of !!laid County, deH:-:olbed as fol10..: coa~~l\CIRG l\t .. poll1t oa the W..t 11.. of .aid Lot 21, a87..15 feet 80uUa of! No.thwest COrD4t!' of ..a1d Lot 21; thenee Soatb aloae the West Ii.. of ..1d ' 14{.2 f~eti thence I~t to tbe W~.t.rI7 r11bt of wa, 11.. of the a.. "roar Val1~J Tral tlon Coap.nYi tbea.ce Jiort.terlr aloq: said ...te-r17 Ita. ot...ld dfibt of "'.r to Il potut due East of the point of lMgilUll.&; 'tbeace W.t to- point of begl.lllac. Ta.xe8 tor tbe f18eal ,ear I'51...5:~, now a lleD, bet ot ret pa,able. aad tax.. for 'tile li.cal rear 1.$0-51. R..tr1etlou, coDd1t1oM. ,....niltloae, rlpte aad rlp,. of '.Y. 1f aDy, BOW of record.. _......- I --....... ..-....-.-. AlIP'~. if......lI,l1............, (k.A2i~ ..3tu-.1t1L.!l.. .~ O"DE. KO..:!tll78L ~ KO "'MDt kIlOOKD&D "All. ro. Mra vtl!t:tlrta. l!\S ~ ... ika.te., CuI........ f . - C_tr ef.;;.aa Bera.a.rdi.llu- On Scpteaber 1::,1951 :...f',a m~ Lo1s J. Ht'J.sll.C ~ NUl") .'..~,.j~ i~ "lid (""ic ",,_",)', ~,...".II~ Il[J,t(",...c Cha.rl'~ i !'. ]Nonbardt aD lr"lJ" L. Leo~1hardt 156 I!:OR!)tf) 4.r r.t'Ql'tfi'::' 0' PiontnTlll.lns.lntlhllstC.. SH13 i~S' .... A.II. ~~:~'.'>822 1,,,5m 11..",..-'. !.L' me tr. l>ethe P.".lc:.i. _!toM.... h ','" ''.It...P1Do.4 to thO' ..it :" il ~tr1lr.:l.."t Ilnd ;\'~". "'.-"1..u I.' 'r~l thp; ..,e:-,:leQ!.he Mm.. -')' I /, ,f OF"'lC\t. nrc<lI(O!i' &. !i,.... ":,..,jl',,..,nt',f. (""lit T1',ll}iCAIf,I't.,,,,-UH.I:.,-or"" ,:: ~ 114--""~:4/ De;' "'ll"u~ '" ..",,4 al\U "Il'.ciai . 'IL REAL '_~. . l..'_ ......._/ ~',""'" I ',,,;~ If' .'"j ",r ""it '_ ,~n\y ..~d liaw Reeon\e", Str.1IlI1' \ @) ~ @ I f .1 " ~ ! . @ @ 1 i - ~ ~ I l ~ I ___l'!! t IlIATEIlAIAN- -MN!JE:- 1 -A 7,. ~ ~ ~ ~ ~ f J .~ .... . .i ~ . @ @ e e e @ ~ . ~ . . ..l ~ ~ . . . . 0 . :1; 3 . . . ~ 0 ~ ",- ~ . !l! It G ~ ~., . " ~ ., 0 ~ " :!' ~ .. '" ir . ~ " . ~~ . r II: " . III ~ . . ~ r ~ ., ,. " .. . . ; " I ;; , d' " :; III " ~ ~I e ~2 , ;II @ ;;; !D~ .+. ~ , ~ '" '''' -' f P" .. @ ~ a. 2 .g' , <ID .. I ~ . @ ~ 4l> (I)"'> ~ ;O!!! if @ -""QlUt go. . 0" CO *4' O..g m=--:: ::; ..""OlD ....... ;il 3 <.r.ao Q 0);':. I it @ s'd'~ @ 8 OlQ.g ,j .. Do j~ ~ 1 · sac.,,, @) I ~ i;j I 01 1. I .. (N -~~ . - tt:a ~i.~ , , .. j ". . . '" ='1C''r" q ~ '< < . r GUARANTEE ':l't ,~ ~ AMERj c <1 1-- First American Title Insumnce Company HOME OFFICE: 421 NORTH MAIN STREET, SANTA ANA. CALIFORNIA 92701. (AREA 714) 547-6892