HomeMy WebLinkAbout2012-256 RESOLUTION NO. 2012-256
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO DISCLAIMING AND WAIVING ANY INTEREST IN THE PROPERT
3 LOCATED AT PALM LANE AND MONTERERY AVENUE, SAN BERNARDINO (AP
0279-042-12) OWNED BY THE COUNTY OF SAN BERNARDINO AND APPROVIN
4 THE COUNTY OF SAN BERNARDINO'S CONVEYANCE OF SAID PROPERTY T 1
5 THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT.
6 WHEREAS, in 1978 the "Authority for the Handicapped of San Bernardino County," .
J oint powers authority (the "JPA"), was formed by the City of San Bernardino (the "City") an.
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the County of San Bernardino (the "County") for the purpose of providing services to individual-
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10 with disabilities in the County; and
11 WHEREAS, on October 29, 1979, the County acquired approximately 6.7 acres locate.
12 at the intersection of Palm Lane and Monterey Avenue, San Bernardino (APN 0279-042-12) (th:
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"Property") from the San Bernardino City Unified School District (the "District") for the purpos:
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of constructing a recreation and community center on the property for the use of the JPA; and
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16 WHEREAS, the Center for Individual Development ("CID"), a City program serving the
17 needs of individuals with disabilities, is presently located on the Property in one of the building
18 commonly known as 8088 Palm Lane, San Bernardino; and
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WHEREAS, on or about August 13, 2010, the County delivered to the City a notice o i
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intent to withdraw from the JPA, thereby dissolving the JPA on February 15, 2011; and
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22 WHEREAS, the Lease Agreement for the Property between the JPA and the County
23 dated August 6, 1981, provides the lease shall terminate "upon termination of the County'
24 obligations under the Joint Exercise of Powers Agreement dated for convenience October 16
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1978" and furthermore, that upon termination of the lease, the JPA will "surrender the Site i
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27 good order and condition . . . . provided that any permanent structures existing upon the Site al
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2012-256
the time of termination . . . shall remain thereon and title thereto shall vest in the County free an.
2 clear of any interest of the Authority;" and
3 WHEREAS,the County desires to dispose of the Property; and
4 WHEREAS, the County, City, and District all desire that the City continue to operate the
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Center for Individual Development at the Property;
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7 NOW, THERFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCI
8 OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
9 Section 1. The City hereby disclaims and waives its interest, if any, in the Propert
10 located at the intersection of Palm Lane and Monterey Avenue, San Bernardino (APN 0279-042
11 12), and authorizes the Mayor to execute and deliver to the County the quit claim deed attache.
12 hereto as Exhibit A and incorporated herein by this reference, evidencing such disclaimer an•
13 waiver of the City's interest, if any. This disclaimer and waiver shall only be for the City'
14 interest, if any, in real property.
15 Section 2. The City hereby approves the County's conveyance of the Property, at no
16 cost, to the District, with the understanding that the District will thereby assume all maintenance,
17 upkeep, insurance, and all other responsibilities of ownership of the Property but will allow the
18 City to continue, at no cost to the City, to occupy and use the building commonly known as 8088
19 Palm Lane, San Bernardino and any additional space necessary to continue operations of the
20 Center for Individual Development.
21 Section 3. The City, as of the date of this Resolution, has no knowledge of an
22 outstanding liabilities, debts or obligations related to the Property; and the City further agrees t.
23 assume any ongoing utility expenses with respect to the building commonly known as 8088 Pal
24 Lane, San Bernardino and any additional space utilized by the Center for Individua
25 Development until the Property is transferred to the District.
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2012-256
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO DISCLAIMING AND WAIVING ANY INTEREST IN THE PROPERT
2 LOCATED AT PALM LANE AND MONTERERY AVENUE, SAN BERNARDINO (AP
0279-042-12) OWNED BY THE COUNTY OF SAN BERNARDINO AND APPROVIN
3 THE COUNTY OF SAN BERNARDINO'S CONVEYANCE OF SAID PROPERTY T
4 THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayo
6 and Common Council of the City of San Bernardino at a joint regulameeting thereof, held o
the 5th day of November , 2012 by the following vote, to wit:
s
Council Members: AYES NAYS ABSTAIN ABSENT
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10 MARQUEZ x
>> JENKINS x
12 VALDIVIA x
13
SHORETT x
14
KELLEY x
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16 JOHNSON x
17 MCCAMMACK x
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19 i2' /a
George Hanna, • y Clerk
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21 The foregoing resolution is hereby approved this day of November 2012.
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23
Patric J. Mo s, Mayor
24 City o _ . 1 rnardino
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Approved as to form:
26 JAMES F. PENMAN, City Attorney
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28 By: MIL
]x
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EXHIBIT"A"
LEGAL DESCRIPTION
That portion of Lots 7, 14 and 15,Block 44,Rancho San Bernardino,as per map recorded in Book 7 of Maps,page 2,
records of said County,described as follows:
Commencing at a point in the South line of said Lot 15,distant 260.00 feet Westerly or the Southeast corner of said
Lot 15;thence North 0° 21' 03"West,(recorded as North 9° 16' 41"East)parallel with the East line of said Lot 15,31.15 feet
to the North line of Monterey Street,as said street is described in a deed to the County of San Bernardino as per deed recorded
in Book 4499,Page 162,Official Records of Said County,being the True Point of Beginning;thence North 0° 21'03"West
(recorded as North 0°16' 41"East)parallel with the East line of said Lot 15,269.79 feet to the South line of Fifth Street,thence
South 89°58' 03"West,along said South line,a distance of 664.85 feet;thence South 0° 07' 11"East, 540.17 feet;thence
North 89°54' 43"East, 156.29 feet;thence South 0° 23' 37"East,60.30 feet to the North line of Fourth Street;thence South
89°52' 09"East,208.53 feet along the North line of Fourth Street to the West line of Palm Lane,as said Palm Lane is
described in a deed to the County of San Bernardino as per deed recorded in Book 4499,Page 165,Official Records of said
County;thence North 0°19' 37"West,330.74 feet along said West line to the North line of said Monterey Street;thence North
89°53' 41"East, 302.03 feet along said North line to the TRUE POINT OF BEGINNING.