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HomeMy WebLinkAbout1985-285 II'I I III RESOLUTION NO. 35-235 2 I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF AN AGREEMENT AND COVENANT RUNNING WITH THE LAND FROM 3 EVELYN P. BRIER PROVIDING FOR THE MAINTAINING OF LANDSCAPING TO BE ( INSTALLED BY ASSESSMENT DISTRICT NO. 956. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The City Clerk of the City of San Bernardino is 7 hereby authorized and directed to accept can behalf of said City an 8 !!Agreement and Covenant Running with the Land from Evelyn P. Brier I 9 ;;providing for the maintaining of landscaping to be installed by 10 liAssessment District No. 956. A copy of the Agreement and Covenant 11 iRunning With the Land is attached hereto , marked Exhibit I , and 12 , incorporated by reference herein as fully as though set forth at 13 �) length. 14 SECTION 2. The City Clerk of the City of San Bernardino is 15 directed to have the Agreement and Covenant recorded with the San 16 ( Bernardino County Recorder. Ii 17 I HEREBY CERTIFY that the foregoing resolution was duly 18 adopted by the Mayor and Common Council of the City of San 19 Bernardino at an adjourned regular meeting thereof , held on 20 the 22nd day of July 1985 , by the following vote , 21 !j to wit: I; 22 AYES: Council Members Estrada , Reilly, Hernandez , nu;.el, 23 I Frazier, Strickler I I ! 24 NAYS: — 25 ABSENT: Marks - 26 AI 27 III City Clerk 28 i' j I The foregoing resolution is hereby approved this 23rd day 2 of duly , 1985. Mayor of the City of San Bernardino 4 5 Approved as to form: r 6 7 City At o r n e y 8 9 10 11 12 13 14 15 16 17 18 19 20 l 21 22 E 23 !I I) 24 25 26 27 I 28 -2- SD-195169 Recorded at the request of, and when recorded, return to RECORMED Id City Clerk FICIA! City of San Bernardino 300 North "D" Street ISM AUG 12 M Q2). 24 San Bernardino, CA 92418 FEE Svf COS DEP •� [�L 1�i�C Y �� U i. lilUi,`I CO.. CALIF. USA FTB DBP CO AGREEMENT AND COVENANT RUNNING WITH THE LAND (Landscaping Maintenance-L.M.A.D. No. 956) 1. WHEREAS, EVELYN P. BRIER (BRIER) is the owner of real property described in Exhibit "A" which is attached hereto and incorporated by reference. 2 . WHEREAS, the BRIER property is located within the boundaries of Landscaping Maintenance Assessment District No . 956 . 3 . WHEREAS, BRIER does not want said property included in said Assessment District and the City is willing to permit such exclusion upon the execution of this Agreement and Covenant Running With The Land. 4. WHEREAS, landscaping and an irrigation system will be installed by Assessment District No. 956 within the parkway and curbed median for the BRIER property. NOW, THEREFORE, it is hereby agreed as follows : 5 . That in consideration of the City excluding the BRIER property from Maintenance District No . 956 , BRIER agrees to water and maintain the landscaping to be installed by said District. Said landscaping includes landscaping the parkway and curbed median in BRIER Drive for the subject property. 8.5-x.95169 6 . BRIER hereby agrees to maintain the landscaping installed by the Maintenance District No . 956 in the said parkway and median to a standard not less than and in conformity with the landscaping maintenance standard of other parcels in Assessment District No. 956 . The City shall provide BRIER with the Plan and Special Provisions No . 6244 for maintenance and landscaping and appurtenant facilities for Assessment District No. 956 of the City of San Bernardino for use by BRIER as a guideline for said maintenance. 7 . BRIER agrees to pay for and cause to be provided water for maintenance of said landscaping. Said water will be metered and billed to BRIER through the Municipal Water Department. 8 . These covenants run with the land and are binding on all heirs, successors, administrators, executors and assigns of BRIER from the date of its recordation. 9 . In the event of a breach of these covenants, or any of them by BRIER, or any heir, successor, executor, administrator or assign, the City may through its Parks and Recreation Community Services Department, set a hearing before the Mayor and Common Council to determine whether or not the landscaping is being satisfactorily maintained. BRIER or a successor in interest shall be given 15 days ' written notice of such a hearing. At that hearing, the Mayor and Common Council shall make a decision as to whether or not the BRIER property is being maintained in conformance with the standard established herein and such decision will be final . 10 . Upon a decision by the Mayor and Common Council that there has been a breach of this Agreement and Covenant Running With The Land, the City may take any appropriate action to enforce 2 compliance with any of the covenants contained herein and for other relief including money damages and costs of attorneys' fees, costs of court and administrative or overhead costs, which costs BRIER agrees to pay. 11. BRIER agrees upon the successful prosecution by the City of a civil action arising from the breach of any of these covenants, the City shall receive as liquidated damages and not as a penalty, the present and future costs of establishing and maintaining landscaping for the BRIER property to conform with those costs unpaid on other properties of said District No. 956 , plus loo interest and administrative and overhead costs as determined by the Director of Finance of City. IN WITNESS WHEREOF, BRIER has executed this document this day ofre�, 4198 . f VELYN P. BRIER STATE OF CALIFORR�NIIIA ) COUNTY OF x$$ XNG � s s. On this day of in the year c ` before me, the undersigned, a Notary Public in and for said State, personally appeared _ �eL r 1` i I t� r�~ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name ► `':J subscribed to the within instrument and acknow- ledged that ;4k�C__ executed it. WITNESS my hand and offical seal. i -- .� ��' A C P:y N �?_IFORNIA / J i!LED IN a' Dc COUNTY Lx Aires June 20, 1987 3 ACCEPTANCE BY CITY The City of San Bernardino hereby accepts the covenant included within the attached document. I certify that I am authorized to accept grants and conveyances to the City of San Bernardino as authorized by resolution of the Mayor and Common Council . Dated: CITY OF SAN BERNARDINO By City Clerk 3 85--195169 LEGAL DESCRIPTION OF BRIER PROPERTY That portion of Lot 7 , Block 72, RANCHO SAN BERNARDINO, in the County of San Bernardino, State of California, as per map recorded in Book 7 of Maps, Page 2 , records of said County, described as follows: COMMENCING at the Northeast corner of said Lot 7; thence South 891 48 ' 12" West along the North line of said Lot 7, 318 . 12 feet to the TRUE POINT OF BEGINNING: thence continuing South 89° 48 ' West along said North line 482 . 88 feet; thence at right angles South 000 11 ' 48" East 451.00 feet; thence at right angles North 891 48 ' 12" East parallel with the North line of said Lot, 482 .88 feet; thence at right angles North 01 11 ' 48" West 451. 00 feet to the Point of Beginning Containing 5 ,000 acres, more or less EXHIBIT "A"