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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';"""->'
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ABSENT: ",)A:./L-.tfi~~ ~
"The foregoing resolution is
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-' ~/~ ,1977.
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City / rk
hereby approved this -/~~
day of
Approved as to form: /J
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City t rney
FILED
Ute 1 6 S77
UCll~E GO}~. CilyQerk
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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.
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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
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(.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
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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-
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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
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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
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. "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
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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
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i Saundra K. Krue~er
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!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).,
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Dated:
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, (Mrs.; )Sauridra K: Kr~ gar
Vice-P;-esident and' B:rat;lc
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!, R8lfOoa.IItO DE!fmf. IileorpePlltetf
I DBA Allied BIIII_ iy..~ and ,
ibeneficiaries of deed(s) of trust upon the property which is the
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sUbject of this agreement, hereby waive any and all claims to
4 damages as a result of City's demolition of the building(s)
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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:
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ment and. consents. to City's demolition of said building(s).
IB10DtttNc mlG".;~';,. "".
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