Loading...
HomeMy WebLinkAbout13062 - \\ \ 1 \ ' ~ i 2 , f" , - > 11 3 I' 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 ^, . . Ort) RESOLUTION NO. /.1t1~~ RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH EULA NASH REGARDING THE DEMOLITION OF RESIDENTIAL BUILDING LOCATED AT 924 WEST EIGHTH STREET, SAN BERNARDINO, CALIFORNIA 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 Eula Nash regarding the demolition of residential building located at 924 West Eighth 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 a~ ~;9~f-'~ 4:'t&:i.L meeting thereof, held on the J:J4 day of _~~ A_~.6.(/ , 1977, by the fo 11 owi ng vot'e, to wit: AYES: Coun~ilmen ~~"".4:::; 'tt<i3/~1 7tiz';"""->' -A;q"fJ .dL'/~#-4.# NA YS : 7:Z-hu ~." /," ABSENT: ",)A:./L-.tfi~~ ~ "The foregoing resolution is - / -' ~/~ ,1977. -- ~ c~~/A/ ~ City / rk hereby approved this -/~~ day of Approved as to form: /J v~~/ City t rney FILED Ute 1 6 S77 UCll~E GO}~. CilyQerk ~7}~_"'''''R , .. F.orm 13'55 CL TA Guar.:l~t98 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 namel: Lot 3, according to Map of Philbrook's Addition to San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, . as per plat recorded in Book 5 of Maps, page 21, records of said County. A. The last recorded instrument purporting to transfer title to said real property is: A QuJtclaimDeed recorded December 22, 1970, in Book 7577, page 532, Official Records. GRANTOR: GRANTEE: D.O. T,: Oscar Nash, EULA NASH NONE SHOWN a single man 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 (a) matters affecting the beneficial interest of any mortgage or deed of trust which may be shown herein as an exoeption, or (b) other matters which may affect any such mortgage or deed of trust. 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: *ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. c. - 1: AMEll1 ~<;'. . C' ... ,. "'''''''t.~-1 4....,,:'~~(!t:,-.~A'.?.;_:~'i,.,:;;,~\; ..,.. d."-'Y^;'~"~''':'~~'~\._-c::'(:,l,,,,,",_~,~~ _.:;;.~~~ ~~~~7i:p ,- '~~~ ~'~';;'.;;~i(i0,--~ :!rILe -"~;:c.;> :> _~,}:~;,"',,"f::o....~ '-"-'-~--- ',f _,f First American Title Insurance Company 323 COURT STREET (P. O. BOX 6327) SAN BERNARDINO. CALIF. 92412 . (714) B89-0311 SCHEDULE "A" continued ORDER NO. 16138 I. A Deed of Trust to secure an indebtedness of $2,200.00, recorded December 22, 1970, in Book 7577, page 533, Official Records. DATED: December I, 1970 TRUSTOR: Eula Nash TRUSTEE: Independent Encumbrance Service, a corporation BENEFICIARY: SANTA FE FEDERAL SAVINGS & LOAN ASSOCIATION, a corpora t ion An amendment of Trust Deed recorded December 13, 1971, in Book 7814., page 219, Official Records. 2. A Deed of Trust to secure an indebtedness of $3840.79, recorded February 4, 1977, in Book 9108, Page 905, Official Records. DATED: January 4, 1977 TRUSTOR: Eula Nash, a single woman TRUSTEE: Title Insurance and Trust Company~ a California corporation BENEFICIARY: REMODELING DESIGN INC., dba ALLIED BUILDERS SYSTEM - I (.30 r. ;l, 1 2 A G R E E MEN T (demolition of building) 3 4 THIS AGREEMENT is made and erttered into this /.,,41 day of ~AI , 19-ZZ, by and between the CITY OF SAN BERNARDINO, 5 a municipal corporation, hereinafter called "City", and 6 Eula Nash , hereinafter 7 called "Owner(s)". 8 WIT N E SSE T H: 9 WHEREAS, Owner(s) is the Owner(s) of a certain lot or 10 parcel of real property together with a building(s) situated 11 thereon at 924 West Eiohth Street, in the 12 City of San Bernardino, County of San Bernardino, State of 13 California and described as follows: 14 Lot 3, according to Map of Philbrook's Addition .to San Bernardino, in the City 15 of San Bernardino, County of San Bernardino, State of Californi, as per plat 16 recorded in Book 5 of Maps, page 21, records of said County. 17 18 and; 19 WHEREAS, title to said property is vested in Owner(s) as 20 follows: Eu1a Nash 21 ; and 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) and ~!I. . . I . 1 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 15 16 ing(s) and structure(s) upon the real property, and does hereby release the City, its elective and appointive boards, cOIJ\missions, officers, agents and employees from any and all claims for 17 18 19 20 damages as a result of said demolition of said building(s) and does, upon completion of the demolition, agree to execute a 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 23 of the property with his title as vested in the Second Whereas 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 -. !i . "1 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 2~,Fe Federal Savings and Loan Association 16 Remodeling Design, Inc., dba Allied Builders System 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 \ property or any interest therein agrees to be fully bound by the provisions of this agreement. Owner(s) hereby agrees to hold the City, its elective and appointive boards, commissions, officers, agents and employees harmless from any and all claims for damages by any person, firm or corporation 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 Ci ty Hall 300 North "D" Street San Bernardino, CA 92418 Eula Nash 924 West Eighth Street San Bernardino, California 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 ~~EREOF, the parties hereto have executed this agreement on the date first hereinabove written. ATTEST: "OWNER(S)" BY~<u&r~ By 15. .. 0.- , , ". ~. 16 '. 17 18 19 20 21 22 23 24 25 26 27 \ 28 ~ ,~ '~ "1 " j. c~ -5- , . r r."' ~~~ , " ." 1 2 3 4 5 6 7: ~ .8 9 10 11 12 . 13 14 '~ " , , ., ~ .....-. ~..._-:.~. " . . . ....- ,.' ~ , , i. I I I i Saundra K. Krue~er I !benefi;iaries of deed(s) of t=ust upo~ the p=operty which is the subject of this agreement, he=eby waive any and all claims to and Santa Fe Federal Savings Loan Association , damages as a result of City's demolition of the building(s) isituated upon the described real property and hereby authorizes - . . . City to demo~ish the building (s) 'as p:!:ovided f~rinthis agr~e-' ment and. consents...toCity' s demolitiO:l of said building (s)., ..-...~. .',.' Dated: '/ .......,..;o-'.~-~.;;"..".-.. ~, .<.,,~... 'io...,' '~:.~":'.- -} -, ; '-.~.. ..,.~ .."...:.:0.....:.;..:;;:..... ..' " .', ~~. . ~. . ~ .---....- u, ~'. , ~ .- ... '.;.... ,.;:.~' . .........:-......... , (Mrs.; )Sauridra K: Kr~ gar Vice-P;-esident and' B:rat;lc ': Ma!nagtl..<...... ','-. . . ' -.- '~.."- -. "" .~. -.. ..-. '. "-' ~. . _. .:'-' _ "]'_: t.;~ ~. .~ ':, - - ~ . '. ....".- ,z.,. > ":;" -:..- '. - ,- .... ~. "':" '.,... ; .~. ,: ~. . .-..: ,..;. 'c' ',.,.,' ....~ . .c" t,.\ i. ",.... .. .......". .... '.:- ";_..__t '.'::" f , f. . f( .... l )'. ". ,.~. '-, --"" ",. ." . . ~ 1 2 3 Ii I !, R8lfOoa.IItO DE!fmf. IileorpePlltetf I DBA Allied BIIII_ iy..~ and , ibeneficiaries of deed(s) of trust upon the property which is the I I sUbject of this agreement, hereby waive any and all claims to 4 damages as a result of City's demolition of the building(s) I 5 situated upon the described real property and hereby authorizes 6 City to demolish the building(s) as. provided for in this agree- 8 " Dated: 9 10 11 12 13 14 15. 16 17 18 19 20 21 22 23 24 25 26 27 28 7: ment and. consents. to City's demolition of said building(s). IB10DtttNc mlG".;~';,. "". >: . DBA Allied Builders S~ :~:" <~~. ~11~ ~.i.~~,. " - ~~:. ~ Nc~s..JJ !It-t-ICP, P,e~J 1.U.t;~;: ",,, " " ~~.~,~. ..,,__'" >l'> "_'J- .;.~-... ~~ _fl. " ..-:.:. '''k ," -5-