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RESOLUTION NO. ,If/. 70
,
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF
THREE AGREEMENTS FOR THE DEMOLITION OF CERTAIN BUILDINGS OR STRUCTURES LOCATED
AT 658 NORTH MAYFIELD AVENUE, OWNED BY RAY S. AND lONE C. CAREY; 147-149 EAST
FOURTH STREET, OWNED BY PETER S. AND JOANNE K. SOLER; AND 148 NORTH "I" STREET,
OWNED BY ROY O. AND VERLE M. GRUBBS, AND DOROTHY M. GRUBBS; ALL OF SAID
BUILDINGS OR STRUCTURES BEING LOCATED IN THE CITY OF SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized
and directed to execute on behalf of said City, agreements for demolition of
certain buildings as follows:
(a) At 658 North Mayfield Avenue, San Bernardino, California, owned by
Ray S. and lone C. Carey.
(b) At 147-149 East Fourth Street, San Bernardino, California, owned by
Peter S. and Joanne K. Soler.
(c) At 148 North "I" Street, San Bernardino, California, owned by Roy O.
and Verle M. Grubbs, and Dorothy M. Grubbs.
Said agreements are attached hereto, respectively marked Exhibits A, B,
and C, and incorporated herein by reference as though fully set forth and at
1 ength.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a-x;j~'~~' b
~<z:;u/!t/;} . meeting thereof, held on the ; _
day ofc75/L'7 . ,1978, by the fOllOWingVot~, ;O~it:
AYES: Councllmen ~Ahr7/'Aef// 'Zd/-;(;,./~<
~~--'7~ .~~ (~/ud
Z:4ueJ ~U",~h/7'
c*'~ ,/:fr
NAYS:
ABSENT:
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The foregoing resolution is hereby approved this 4l~
(
day of ~iL.dl
Approved as to form:
",.
, 1978.
/-----'
FILED
,:cq 1 7 tY/tf
OCIl......i. . GO~F . City elm
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Exhibit A
!Q.gE~M.~.!'i'!:
(demolition of building)
THIS AGREEMENT is made and entered into this
yTL
" day of
~N\~,,, I 'f
~,19L,
by and between the CITY OF SAN BERNARDINO,
a municipal corporation, hereinafter called "City", and
Ray S. Carey and Jane C. Carev
, hereinafter
called "Owner(s)".
WIT N E SSE T H:
WHEREAS, Owner(s) is the Owner(s) of a certain lot or
Iparcel of real property together with a bUilding(s) situated
thereon at 658 North Mayfield Av!'nu!' Street, in the
City of San Bernardino, County of San Bernardino, State of
California and described as follows:
Parcel No.1. That portion on Lot 7, in Block 46; of the City of San Bernardino,
in the County of San Bernardino, State of California, as per plat recorded in
IIBook 7 of Maps, page 1, records of said County described as follows: Commencing
lat the Southwest corner of said lot; thence running East 160 fee.t on the South
'line of said Lot; thence North 50 feet; but not North of a point 100 feet South
of the North line of said Lot; thence West 160 feet to the West line of said lot;
thence South 50 feet to the point of beginning. Excepting any portion thereof
conveyed to the City of San Bernardino, by Deed recorded January 12, 1913, in
book 522, page 138, of Deeds, records of said County, for Seeley Alley
and;
WHEREAS, title to said property is vested in Owner(s) as
follows:
Ray S. Carey..and. Ion!' C Carpy, hll~h"nn "nn wi-Fe. ,,~ joint ten"nts
; and
WHEREAS, said building(s) upon said premises is vacant and
unoccupied; and
~HEREAS, said bUilding(s) is a blight upon the area which
is an impact area designated by the City's Community Development
Department and said building(s) is in a hazardous and dangerous
condition and should be abated; and
WHEREAS, City desires to demolish said building(s) and
,
11
,
1 Owner ( s) .desires to permit City to destroy and demol ish 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 First FpdpI^1l1 Sllving~ Ilnd I n"n Associatioll of SaR 1l9rRargiR9
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
"
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structure(s) upon that real property hereinabove described and
shall obtain a contractor, any necessary liability bonds naming
"
,Owner(s) as an additional insured and all permits necessary to
, ;
demolish the said structure(s). City shall supervise and cause
the demolition of the bUilding(s) and structure(s) upon said real
property and shall cause all holes and foot trenches, if any, to
be filled and shall cause the property to be placed in a condition
so that it will drain to the natural fall of the surrounding
terrain.
I
3. No costs shall be assessed against Owner(s) personally
or against the property involved for any costs or expenses in-
curred in connection with the demolition of the building.
4. Owner(s) hereby agrees to the demolition of the build-
ing(s) and structure(s) upon the real property, and does hereby
I release the City, its elective and appointive boards, co~missions,
officers, agents and employees from any and all claims for
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.
5. Owner(s) warrants and represents that he is the Owner(s)
of the property with his title as vested in the Second Whereas
clause and that the said property is unencumbered except with the
liens and encumbrances as set forth in the Seventh Whereas clause,
and Owner(s) agrees that he shall not sell, encumber, transfer or
otherwise dispose of said real property or any interest therein
involved hereunder until such time as "he building(s) is
demolished as provided for herein unless the transferree of the
I
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.
9
10
6. All notices herein required shall be in writing, and
,delivered in
as follows:
person or sent by certified mail, postage prepaid,
11
12
Ci ty Clerk Ray and lone Carey
City Hall 645 D Street
300 North "D" Street San Bernardino, CA
San Bernardino, CA 92418
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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
assigns of the parties hereto.
20
IN WITNESS WHEREOF, the p~rties hereto have executed this
agreement on the date first hereinabove written.
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22
I ATTEST:
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26.
By
By
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ibenefi~iaries ofdeed(s) of t~ust upo~ the property which is the
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!subject of this agreement,' he~eby waive any and a1l claims to
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4 '1 damages as a result of city's demolition of the building (s).
isituated upon the described real prope~tya~d hereby authorizes
i .
6 I City. t~ d~m~~i~~ the building (s) . as, ?ro~ided f~r 'in this agi:e~-
.' i . ,'. .
7: 'I~~nt., ~nd consen~s...toCity's de:nolitionof said building(s).
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S .', Dated: ..' ., .
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. 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 describ~ real property (but without
examination of those Company records maintained and indexed by name):
PARCEL NO 1
That portion on Lot 7, in Block 46, of the City of San Bernardino,
in the County of San Bernardino, State of Cal ifornia, as per plat
recorded in Book 7 of Maps, page 1, records of said County described
as fo 11 ows :
COMMENCING at the Southwest corner of said lot; thence running East 160
feet on the South line of said Lot; thence North 50 feet; but not North
of a po i nt 100 feet South of the North line of sa i d Lot; thence West 160
feet to the West line of said Lot; thence South 50 feet to the point of
beginning.
EXCEPTING any portion thereof conveyed to the City of San Bernardino, by
Deed recorded January 12, 1913, in book 522, page 138, of Deeds, records of
said County, for Seeley Alley.
A. The last recorded instrument purporting to transfer title to said real property is:
A Grant Deed recorded September 19, 1973, in Book 8270, page 75,
Official Records.
GRANTOR: George V. Carbajal
GRANTEE: RAY S. CAREY AND lONE C. CAREY,
husband and wife, as joint tenants
D.D.T.: $8.80
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 exception, 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:
A Deed of
September
DATED:
TRUSTOR:
TRUSTEE:
BENEfIC IARY:
Trust to secure an indebtedness of $60,000.00, recorded
19, 1973, in Book 8270, page 76, Official Records.
Augus t 28, 1973
Ray S. Carey and lone C. Carey, husband and wife
Title Insurance and Trust Company, a corporation
FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN
BERNARDINO
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I! EXHlim I)
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1
2
3
A G R E E MEN T
(demolition of building)
J'rL
day of
THIS AGREEMENT is made and entered into this
4 ~, 19..z.L by and between the CITY OF SAN BERNARDINO,
5 a municipal corporation, hereinafter called "City", and
6
Peter S. Soler and Joanne K. Soler
, hereinafter
7
8
called "Owner(s)".
I
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 147-149 East Fourth
Street, in the
.12 City of San Bernardino, County of San Bernardino, State of
13 California and described as follows:
14 Lot 10 and the North 10 feet of Lot 27, Block "A" Wozencraft Place, in the City
of San Bernardino, County of San Bernardino, State of California, as per plat
15 recrded in Book 50f Maps, page 47, records of said County.
16 Together with that portion of the vacated alley in said Block A, lying between
the North line of said Lot 26, and the South line of said Lot 10.
17
18 and;
19 WHEREAS, title to said property is vested in Owner(s) as
20 follows: Peter S. Soler and Joanne K. Soler, husband and wife and joint
21 tenants and
22 WHEREAS, said building(s) upon said premises is vacant and
23 unoccupied; and
24 ~HEREAS, safd 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
.1
"
,
Owner(s) .desires to permit City to destroy and demolish said
IbUilding(S) upon the terms and conditions as set forth and said
r
IbUilding(S) is a blight upon the designated impact area and is
eligible for the expenditure of Community Development Grant funds
for said demolition; and
WHEREAS, City is agreeable to demolishing and removing
said building(s) from the real property hereinabove described
without any cost to Owner(s) and without the said costs being a
charge or lien upon the real property involved if Owner(s) agrees
Ito said demolition pursuant to the provisions of this agreement;
,
and
WHEREAS, Owner(s) represents and warrants to City that
there are no liens or encumbrances upon said property except as
follows:
Bank of America National Trust and Savings Association; and Jerome Auerbach
and Beverly Auerbach. husband and wife as joint tenants
NOW, THEREFORE, in consideration of the mutual promises,
provisions, agreements and legal detriments herein contained, it
is agreed as follows:
1. City shall file all required environmental impact
statements, make all required publications, conduct all required
hearings, and perform other ministerial functions required to
I -
IObta~n approval for the demolition of the building(s) upon
Owner's(s') real property and to receive or be able to use Federal
Community Development funds therefor.
2. When said funds are available, City shall use said
funds for the purpose of demolishing the building(s) and
,
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Istructure.(s) upon that real property hereinabove described and
shall obtain a contractor, any necessary liability bonds naming
Owner(s) as an additional insured and all permits necessary to
demolish the said structure(s). City shall supervise and cause
the demolition of the building(s) and structure(s) upon said real
property and shall cause all holes and foot trenches, if any, to
be filled and shall cause the property 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 Owner(s) personally
or against the property involved for any costs or expenses in-
curred in connection with the demolition of the building.
4. Owner(s) hereby agrees to the demolition of the build-
ing(s) and structure(s) upon the real property, and does hereby
release the City, its elective and appointive boards, co~missions,
officers, agents and employees from any and all claims for
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.
5. Owner(s) warrants and represents that he is the Owner(s)
of the property with his title as vested in the Second Whereas
clause and that the said property is unencumbered except with the
liens and encumbrances as set forth in the Seventh Whereas clause,
and Owner(s) agrees that he shall not sell, encumber, transfer or
otherwise dispose of said real property or any interest therein
involved hereunder until such time as the building(s) is
demolished as provided for herein unless the transferree of the
!!"
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"
1
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Ii property or any interest therein agrees to be fully bound by the
II provisions of this agreement. Owner(s) hereby agrees to hold the
!,
'[City, its elective and appointive boards, co~~issions, officers,
I
iagents and employees harmless from any and all claims for damages
Ii
by any person, firm or corporation having any interest in the
2
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4
5
6
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.
II 6. All notices herein required shall be in writing, and
!idelivered in person or sent by certified ~ail, postage prepaid,
Ii
I! as follows;
I!
II
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City Clerk
City Hall
300 North '"D" Street
San Bernardino, CA 92418
Peter and Joanne Soler
P. O. Box 87
Covina, California 91723
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7.
Time is of the essence with respect to the provisions
,
,
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1
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i Bank of America HT&SA Sierra \'fa:;(
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and 40th Street Branch #444
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2 beneficiaries of deed(s) of trust ~po~ the property which is the
3 subject of this agreement, hereby waive any and all claims to
4 damages as a result of City's demolitio~ of the building(s)
5
6
situated upon the described real property anu hereby authori~es
City to demolish the building(s) as provided for in this agree-
7
8
ment and consents to City's de~olitio~ of said building(s).
Dated: November 29, 1977
9
: Propert7 address and legal description are as follows:
147-149 E. 4th St. San Bernardino, California
Lot 10 and the North 10 feet of Lot 27 ,
Block A. vfozencraft Place
Our Loan No. 402-335
10
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12
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:"';",';""-,i c.:..".-;'r-". ,':"""'"';:-
PH'{LLlS U?R~HT
MANAGER
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~-'
JEROME AUERBACH
and
BEVERLY AUERBACH
,
beneficiaries of deed(s) of trust upon the property which is the
Isubject of this agreement, hereby waive allY and all claims to
Ildamages as a result of City's demolition of the building(s}
Ii situated upon the described real property and hereby authorizes
I -. -
ICitY,to_dem~li~h the building(s) 'as ?:!:ovided for in this agree-
'ment and, consents. to City's deinolition of said building(s}.
Dat~d~"K07 ·
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., .
. ~ I EXHIBIT C
I!
l-
I I
2
A G R E E MEN T
---------
3
4
5
6
(demolition of building)
THIS AGREEMENT is made and entered into this ~t.i day of
~~Al ,19~ by and between the CITY OF SAN BERNARDINO,
a municipal corporation, hereinafter called "City", and
Roy D. and Ver1e M. Grubbs and Dorothy M. Grubbs
, 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 148 North "I"
Street, in the
.12 City of San Bernardino, County of San Bernardino, State of
13 California and described as follows:
14 The north one half of lot 12 of Wallace's Subdivision, in the City of San
15 Bernardino, County of San Bernardino, State of California, as per plat
16 recorded in Book 3 of Maps, page 38, records of said County
17
18 and;
19 WHEREAS, title to said property is ve.sted in Owner ( s) as
20 follows: Roy D. Grubbs and Ver1e M. Grubbs. husband and wife. as ioint
21
tenants and Dorothy M. Grubbs. a single woman
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
260 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
,
11.
;.
1
2
Owner(s) desires to permit City to destroy and demolish said
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
6
for said demolition; and
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
16
NONE
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.
2. When said funds are available, City shall use said
27
28 funds for the purpose of demolishing the building(s) and
I .
1
I structure(s) upon that real property hereinabove described and
2
3
shall obtain a contractor, any necessary liability bonds naming
4
5
IOwner(s) as an additional insured and all permits necessary to
Idemolish the said structure(s). City shall supervise and cause
,
'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
8
be filled and shall cause the property to be placed in a condition
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
16
release the City, its elective and appointive boards, co~missions,
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
2~
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
.11,..
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 tbe
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
Ci ty Hall
300 North "D" Street
San Bernardino, CA 92418
Roy O. Grubbs
156 North "I" .Street
San Bernardino. CA 92410
14
7. Time is of the essence with respect to the provisions
17
16 of this agreement.
8. This agreement shall be binding on and inure to the
13
15
18
benefit of the heirs, executors, administrators, successors, and
19
assigns of tbe parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
20
21
agreement on the date first hereinabove written.
22
ATTEST:
23
24
I
I
25
26.
27
28
Approved as to form:
City Attorney
"OVlNER(S)"
BY*U~n~.
By rJ PJLV L '7P; .!;h~'