HomeMy WebLinkAbout1992-5332
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City of
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"Agency"), is a redevelopment agency, a public body, corporate
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14 of the state of California (the "Act)"; and
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17 Redevelopment Project (the "Redevelopment Plan") was previously
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RESOLUTION NO.
5332
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING A CERTAIN
DISPOSITION AGREEMENT AND GRANT OF EASEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND THE CITY OF SAN BERNARDINO PERTAINING TO
CERTAIN REAL PROPERTY LOCATED WITHIN THE UPTOWN
REDEVELOPMENT PROJECT AREA
WHEREAS, the Community Development Commission of the
San Bernardino
"commission")
on behalf of the
(the
Redevelopment
of
City
Bernardino
(the
of
San
Agency
the
and politic of the State of California, organized and existing
pursuant to the Community Redevelopment Law (Part 1 of Division
24) commencing with Section 33000 of the Health and Safety Code
WHEREAS,
the
Redevelopment
Plan
for the Uptown
approved and adopted by the Mayor and Common Council of the City
of San Bernardino by Ordinance No. MC-527, dated June 18, 1986;
and
WHEREAS,
section 33391 of the Act provides that a
redevelopment agency may acquire any real or personal property
wi thin a redevelopment proj ect
for the purposes of
area or
redevelopment and section 33430 of the Act provides that a
redevelopment agency may dispose of any real or personal property
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redevelopment; and
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1 WHEREAS, the Agency and the City of San Bernardino (the
2 "City") desire to enter into a certain Disposition Agreement (the
3 "Agreement"), a copy of which is attached hereto as Exhibit "A"
4 and incorporated herein by reference, pursuant to which, among
5 other matters, the City would acquire from the Agency certain
6 real property (the "Property") which is described in Exhibit "A"
7 to the Agreement. The Property is located in close proximity to
8 the area which is subject to the Redevelopment Plan (the "Project
9 Area"). The acquisition of the Property would be for use by the
San Bernardino Water Department in order to provide water
services to the area surrounding the Property, and the Property
shall be used in conformity with the Redevelopment Plan; and
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20 such time as the City accepts the dedication of Acacia street;
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23 WHEREAS, the Agency Staff has prepared and made
24 available for public inspection a certain Summary Report (the
25 "Summary") concerning the proposed Agreement and Easement, as
26 required by Health and Safety Code section 33433, a copy of which
27 is on file with the Agency and is incorporated herein by
28 reference; and
WHEREAS, the Agency and the City desire to enter into
a certain Grant of Easement ("Easement"), a copy of which is
attached hereto as Exhibit "B" and incorporated herein by
reference, pursuant to which, the City would acquire from the
Agency an easement for ingress and egress across certain real
property which is described in Exhibit "A" to the Easement, until
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1 WHEREAS, the City Staff has duly noticed and conducted
2 a public hearing in accordance with the requirements of Health
3 and Safety Code section 33433 concerning the proposed sale of the
4 Property by the Agency to the ci ty pursuant to the proposed
5 Agreement and the proposed grant of an easement for ingress and
6 egress by the Agency to the ci ty pursuant to the proposed
7 Easement; and
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13 Agreement and the proposed grant of an easement for ingress and
14 egress by the Agency to the City pursuant to the proposed
15 Easement; and
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WHEREAS, the City has duly noticed and conducted a
public hearing in accordance with the requirements of Health and
Safety Code Section 33431 concerning the proposed sale of the
Property by the Agency to the City pursuant to the proposed
WHEREAS, based upon evidence and testimony submitted to
the Agency, it is reasonable and appropriate for the Agency to
approve the proposed Agreement and the proposed Easement.
NOW, THEREFORE, BE IT RESOLVED, BY THE COMMUNITY DEVELOPMENT
COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
section 1. The Agency finds and determines that the
use of the Property as described in the proposed Agreement is
within the scope, terms and provisions of the Redevelopment Plan.
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1 section 2. The Agency finds and determines that the
2 consideration to be paid by the city for the Property is not less
3 than the fair market value of the Property.
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8 and hereby accepts and approves the Summary as prepared by Agency
9 Staff.
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13 Property to the City. The Agency authorizes the Executive
14 Director of the Agency and the Agency Secretary to execute the
15 Agreement and to execute such other documents as may be necessary
16 to implement the Agreement. and to make any necessary non-
17 substanti ve changes in the Agreement as may be approved by Agency
18 Counsel.
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Section 3. The City has held a public hearing on
the disposition of the Property and the grant of an easement in
accordance with Health and Safety Code sections 33431 and 334333
section 4. The Agency hereby approves the proposed
Agreement and the conveyance of the Agency's interest in the
section 5. The Agency hereby approves the proposed
Easement. The Agency authorizes the Executive Director of the
Agency and the Agency Secretary to execute the Easement and to
make any necessary non-substantive changes in the Easement as may
be approved by Agency Counsel.
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1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AGREEMENT AND
2 GRANT OF EASEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO PERTAINING
3 TO CERTAIN REAL PROPERTY LOCATED WITHIN THE UPTOWN REDEVELOPMENT
PROJECT AREA
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Section 6.
The findings and determinations herein
shall be final and conclusive.
This Resolution shall take effect
upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Community Development commission of the city of
San Bernardino at a
Regular
meeting
thereof, held on the
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June
day of
1992, by the following vote, to wit:
commission Members:
ABSTAIN
ABSENT
AYES
NAYS
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
x
x
-r
x
x
x
20 day of
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23 Approved as to
24 form and legal content:
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gency Cou el -
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1 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
2 CITY OF SAN BERNARDINO )
3 I, ~enneth J. HenderH9n Secretary of the Community
Development Comm1ssion of the C1ty of San Bernardino, DO HEREBY
4 CERTIFY that the foregoing and attached copy of Community
Development Commission of the City of San Bernardino Resolution
5 No. 5332 is a full, true and correct copy of that now on
file in this office.
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IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the Community Development Commission
of the City of San Bernardino this 1 day of
June , 1992.
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~
Secre ry f ~
Community Development Commission
of the City of San Bernardino
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EXHIBIT "A"
DISPOSITION AGREEMENT
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DISPOSITION AGREEMENT
This Disposition Agreement ("Agreement") is entered
into on , 1992, by and between the Redevelopment
Agency of the City of San Bernardino, a public body, corporate
and politic ("Seller") and the City of San Bernardino, a
municipal corporation ("Buyer").
Seller agrees to sell and convey, and Buyer agrees to
purchase the real property situated in the City of San
Bernardino, California ("property") and more particularly
described in Exhibit A, which is attached to this Agreement and
is incorporated herein by reference, on the following terms and
conditions:
section 1.
Purchase Price.
The total purchase price of the Property is Seventy
Five Thousand Dollars ($75,000.00), payable by Buyer to Seller
upon transfer of title by Grant Deed, a copy of which is attached
hereto as Exhibit "A" and is incorporated herein by reference.
Conditions.
Section 2.
In accordance with the provisions of Health and Safety
Code sections 33432, 33435 and 33436, the transfer of title to
the Property is subject to the following conditions:
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a) The Buyer shall use the Property in conformity
with the California community Redevelopment Law,
Health and Safety Code Sections 33000 et. seq.
b) The Buyer covenants by and for itself, and its
successors and assigns, that there shall be no
discrimination against or segregation of, any
person or group of persons, on account of race,
color, creed, religion, sex, marital status,
national origin, or ancestry, in the sale, lease,
sublease, transfer, use, occupancy, tenure or
enjoYment of the Property, nor shall the Buyer,
its successors or assigns, establish or permit
any such practice or practices of discrimination
or segregation with reference to the selection,
location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees in the
Property. These covenants shall run with the
land and shall be binding upon and shall obligate
the Buyer and Seller.
section 3.
Miscellaneous.
(a) Seller is transferring its title to the Property
subject to all liens, claims, encumbrances and encroachments on
the Property, which were in existence on the date when the Seller
acquired the Property from the San Gorgonio Land Company. Seller
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is not providing Buyer with a title insurance policy in
connection with this Agreement.
(b) Buyer represents that this Property is necessary
for use by the San Bernardino Water Department in order to
provide water services to the area surrounding the Property.
(c) Pursuant to a certain Grant of Easement, Seller is
further granting to Buyer an easement for ingress and egress
across the easternmost 25 feet of lots 25 to 30, inclusive, Block
1, Tract No. 1733 in the County of San Bernardino, State of
California, as per plat recorded in Book 26 of Maps, Pages 7 to
12, inclusive, records of said County, until such time as the
Buyer accepts the dedication of Acacia Street.
section 4.
Entire Aareement.
This Agreement and the attached Exhibit constitute the
entire agreement between the parties relating to the Property.
Any prior agreements, promises, negotiations, or representations
not expressly set forth in this Agreement are of no force and
effect. Any amendment to this Agreement shall be of no force and
effect unless it is in writing and signed by Buyer and Seller.
Section 5.
Attornev's Fees.
If any action, proceeding or arbitration arising out of
or relating to this Agreement is commenced by either party to
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this Agreement, then as between Buyer and Seller, the prevailing
party shall be entitled to receive from the other party, in
addition to any other relief that may be granted, the reasonable
attorney I s fees, costs, and expenses incurred in the action,
proceeding or arbitration by the prevailing party.
section 6.
Bindina Effect.
This Agreement shall be binding on and inure to the
benefit of the parties to this Agreement and their successors and
assigns.
Section 7.
Governina Law.
This Agreement and the legal relations between the
parties shall be governed by and construed in accordance with the
laws of the State of California.
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Executed at San Bernardino, California, on the date
2 first above shown.
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APPROVED AS TO FORM AND
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REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
Kenneth J. Henderson
Executive Director
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ATTEST:
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By:
Agency Counsel
CITY OF SAN BERNARDINO
By:
W.R. Holcomb
Mayor
city Clerk
APPROVED AS TO FORM AND
LEGAL CONTENT:
James F. Penman
21 city Attorney
22 By:
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SBBO\OOOl \DOC\S76
05\27\92 10:30
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1 STATE OF CALIFORNIA
2 COUNTY OF SAN BERNARDINO
)
) SSe
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On this day of , 1992, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared Kenneth J. Henderson, known to me (or proved
to me on the basis of satisfactory evidence) to be the person who
executed the within instrument, and acknowledged to me that he
executed the same.
(Signature)
(Name, typed or printed)
(Space above for Official Seal)
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1 STATE OF CALIFORNIA
2 COUNTY OF SAN BERNARDINO
)
) SSe
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On this day of , 1992, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared W.R. Holcomb, Mayor of the city of
San Bernardino, known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed the within
instrument, and acknowledged to me that he executed the same.
(Signature)
(Name, typed or printed)
(Space above for Official Seal)
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