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RESOLUTION NO. /,p, tJfftL
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH SAMUEL AND CLAUDIA MACON REGARDING THE DEMOLITION OF RESIDENTIAL
BUILDING LOCATED AT 759 NORTH PERRIS STREET, SAN BERNARDINO, CALIFORNIA
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby authorized
and directed to execute on behalf of said City an agreement with Samuel and
Claudia Macon regarding the demolition of residential building located at
159 North Perris 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.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a ~~
meeting thereof, held on the ;7.X! day of ,~ :1977,
by the following vote to Wlt
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AYES:
NAYS:
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ABSENT:
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hereby approved this 1ft! day of
The foregoing resolution is
, 't1-rf1A7
, 1977.
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Approved as to form:
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A G R E E ~I E N T
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Ii THIS
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SA~\; BERi:.J~~RDINO
(de~olition of building)
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AG.sCC:E~,;1E:~T is :cnade and ent2red into this
.1 'II- day of
, 1911, by and oe"t\\Teen th8 CI'TY Ot;'
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5 a municipal corporation, hereinafter called "City" i and
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Samuel and Claudia M. Macon. husband and wife
I :J.ereinafter
7 called 1l0\.;ner (s) II e
8 \iJITNESS3TH:
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I parcel
of real property together with a building(s) situated
WHEP~AS, O,mer(s) is the Owner(s) of a certain lot or
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thereon at 759 North Perris
Street, in the
12 Ci-ty of San Bernardino, County of San Bernardino, State of
13 California and described as follows:
Parcell: The North 34 feet of Lot 11. Block 1. Allens First Addition. as per
14 plat recorded in Book 3 of Maps. Page 60. records of said County.
Parcel 2: One-third interest in and to that certain strip of land described as
15 follows: Beginning at a point 34 feet South and 33.5 feet West of the North-
east corner of said Lot 11; thence South 33 feet to a point 32.BO feet North of
16 the South line of said Lot 10; thence West 12 feet; thence North 33 feet to a
point 34 feet South of the North line of said Lot 11; thence East 12 feet to
17 the point of beginning.
Parcel 3: An easement over the West 92 feet of the North 10 feet of the South
18 ' 37.80 feet of said Lot 10. for use jointly as a driveway with the other
owners of portion of said Lots 10 and 11.
19 vJHEREAS, title to said property is vested in Owner (s) as
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Samuel and Claudia M. Macon. husband and wife as joint tenants
follows:
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and
\qH~REAS, said buildiny (5) upon said p:::emises is vacant and
23 unoccupied; and
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HHEREAS, said building(s) is a blig-ht upon the area Hhich
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lS an impact area designated by tn~
Ci"tyl s Corrununitv Develon:nent
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26 Department and said building (5) is in a hazardous and danrjerous
27 condition and should be abated; and
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WHEREAS, City desires to demolish said build~ng(3) and
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:)\.r1er (8) deslr~s t:J "?2~:>'li-:. cit;( "'r' destroy a.ad d.2!~~olis:-l said
~; \ ~ 1 ,--J 1'([;''<' \' ~)
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:lpon. ~i12 ter~-13 ai.=:' con::'li,ticL.1S d:-3 :Jet rort:l ana said
building (5) is a O}.i?:lt '..l:)O;;~ tile (if~S':":J~1at:.2.j ii:1;"-3.Ct area and is
eligible fer the exp'2.n.ditLlre of Co~n.;.~,nli1ity De"\l'elop:~2nt Grant fUr1ds
for said demolition; and
\flHERBAS I City is agreeable to demolishing and re:noving
7 said building(s) fro~ th~ real property hereinabove describGd
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I.. ~ t-tO ()
Wl~noU~ any cos_ 0 wner s
and without tile said cos-ts being a
9 charge or lien upon the real proper"ty involved if O'\;!ner (5) agrees
10 to said demolition pursuant to tne provisions of this agree:;lent;
11 and
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vlHEREAS, Owner (5) :C'2p:rGSent.s and w~arrants to City that
13 tile:::e are no liens or encumbrances '...l?on said property except as
14 follows:
15 None
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HO~"l, fL'HEREFORE, in consideration of the mu"tual proraises,
19 provisions, agreements and legal detriments herein. contained, it
20 is agreed as follows;
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City shall file all required enviro~J2ntal im9act
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22 state~nel1.ts, make all reql1irs::: publications j conduct all re:"lui.ced
23 hearings, and perform othe.c I~linisterial fu.n,.:::tions required to
24 ob.tain approval for the demolition oftlv2 0uilding (s) up::m
25 Ownerl S (3') real propert:'l and to receive or be able to use l"ederal
26 Corxiluni ty Developnent fun(1.s t~lerefor ~
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2. ~"r;:len said fUild3 ar8 avail3.ble I City s:lall use said
28 fands for the purpose of ~e~olishing the building(s) dnd
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scruct~re(s) u20n that real pro)erc}' ~:er2lD~~oV2 descri~ed a~ld
5;13.11 .:>btain -J. .::o.::-t:cact.or l an~' :-~ec23SJ.ri liabili.1:Y bOl15s :lCS.lin':J
(j<:,rner (3) as all ola.ditio:lal :~n3U':2d ane. all .:-l2:",~;"."!,i-'c.s neCe3S3.ry to
daffiolish .sha said structure(s).
City shall su?ervise and cause
the demolition of the building(s) and structure(s) upon said r2al
property and shall cause all holes a~d foot trenc~es; if any, to
be filled and shall ca~S2 the proper~y to be placed in a condition
so that it will drain to the natural fall of the surrounding
terrain.
3. No costs shall be assessed against OWlle=(s) personally
I or against the proper-ty involved for any costs or expenses in-
curred in connection \.;ith the demolition of the bui.lding.
4. O,mer(s) hereby agrees to the demolition of the builci-
ing(s) and structure(s) upon ~he real property, an~ does hereby
release the City, its electi ve and appointi V2 boards f ::o~nIn.issions 1
officers, agents and ei[1plo~lees fro!n any ~~.l1,j all claims for
dasnages a3 a result of said demoli tiol": of sd1.d b'u.ilding (s) and
doe3, upon completion of the demolition, agree to"execute a
general release releasing City fro~a a:1.i and all claiill:3 in
connection with the abatement~
5. Owner(s) \'larran.ts and rep:C2sent3 -Chat he is the O'\-'lner(s
of the property with his title as vested l~ t~e Second ~8reas
cla'..lse and that the said p1::'l);?ert:i is unenC:.1nlDered 2~~cept: \tlith t.f1e
liens and encumbrances a 3 set for.thin. ths S8"lenth ~"h;.e:ceas clau32,
and Owner (s) agree.3 that he sLldll not sell r enc'J,n:bel:' J t..r3..nSf2r or
other\.;ise dispose of .sa.id ::eal prO?8rty O!:" ar~y intereGt the':::2in
involved hereui"'.:.der until suc~~ time as the ouilc.i:ctg (.3)
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demolished as provided fQr herein unless the tranafcrree or t:12
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IprOViSions of this agraeGe~c. OWDar(sl ~erajy agrees to hold the
ICity, its elec~iv8 and ap~ointive boa~ds, cry~issions. officers,
agents and employees l1arwless from any an~ all clains for da~nages
I by any person, firm or car?oratian haviI1g a~y intsrast In tne
I property should such per30n 1 f irE1 or corpora.tion claiI~ dai'1ages as
I a result of City'.s demDlition or tl18 DJ.ilding (s) pursuant to the
provisions of this agreeill2l1t.
II 6. All notices
!delivered in gerson or
l'J,f,:;rein required shall be in \tlriting I and
sent by certified mail, postage prepaid,
as follo~",S:
Samuel and Claudia M. Macon, husband and wife
City Clerk
City Hall
300 North IlDl1 Street
San Bernardino, CA 92418
7. Time is of the essence with res?ect to the provisions
of this agreeme~t.
8. This agreement shall be binding on and inure to the
benefit of the heirs, exs:cutors, ad:.l1inistrators; successo:r:3, and
assigns of the 9arties hereto.
IN HI'I'NESS VJH1:.:R~~OF I tr'ie parties hereto have executed this
ag.C881Clent on the date fi::cs.t. hereinabove T,,;.;:-ittcn..
,.r....TTES~ :
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'_i ~ lerk
Approved as to form:
~d~.) ~fiom
By ~1Jt. '/)(:V__./
City Attorney
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