HomeMy WebLinkAbout1982-3511
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RESOLUTION NO. 82-351
A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF LICENSE AGREEMENTS WITH THE OWNERS OF PROPERTY ON DEL REY DRIVE, DEVONSHIRE
ROAD, GOLDEN AVENUE AND SONORA STREET RELATIVE TO EXCESS CITY OWNED LAND ALONG
THE HAMPSHIRE FLOODWAY.
BE IT RESOLVED BY THE MAYOR AND COMI-11ON 'COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. The Director of Public Works/City Engineer of the City of
San Bernardino is hereby authorized and directed to execute on behalf of said
'City, License Agreements, and any renewal thereof, with property owners on Del
Rey Drive, Devonshire (toad, Golden Avenue and Sonora Street relating to excess
City owned land along the Hampshire Avenue floodway, a copy of which is attach-
ed hereto, marked Exhibit "A" and incorporated herein by reference as fully as
though set forth at -length herein. The said License Agreements may be expanded
to include any of the `Special Provisions," a copy of which is attached hereto,
marked Exhibit "B" and incorporated herein by reference as fully as though set
forth at length herein, which may be pertinent to certain of said properties
adjoining the said floodway.
SECTION Z. The City Clerk of the City of San Bernardino shall cause
said License Agreements to be recorded in the office of the County Recorder of
the County of San Bernardino each upon its execution.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino ata regular
meeting thereof, held on the _ 16th, day of _ Au ust _ 19S2,
Eby the following vote to wit:
AYES: Council Members Castaned_, Reilly ernandez , _
___ 0 iel , Strickler
NAYS:
ABSENT: Counci 1 Member Hobbs
'1Ad C _
-ity Clerk
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The foregoing resolution is hereby approved this Z7,1 day of
Auqust , 1982.
Approved as to form:
C ty t rney
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LICENSE AGREEMENT
(Fences or Walls)
THIS LICENSE AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, of 300 North "D" Street, San Bernardino,
California, hereinafter "City", and
whose property affected by this License is known as (address)
and also known as (Assessor's Parcel No.) San Bernardino,
California, hereinafter "Licensee"
City and 1_icensee agree as fol1ov!s:
1. Recitals.
(a) City owns certain flood plain property pursuant to grants
from the United States Federal Emergency Management Agency pursuant to which
the land is dedicated in perpetuity for open space purposes.
(b) City is required to faithfully manage such land for open
space purposes for public use.
(c) City has covenanted not to erect or permit to be erected
any structures or other improvements on such land unless such structures are,
except for restrooms, open on all sides and functionally relate to some open
space use.
(d) A portion of land so dedicated lies adjacent to land owned
or occupied by Licensee.
(e) City desires to have Licensee manage that portion of such
land on City's behalf, to keep such land neat and free of debris, and to pre-
vent abuse of such land by all -terrain vehicles, motorcycles, motorbikes, and
other motorized vehicles.
(f) Licensee agrees to manacle such land on behalf of City to
assure its access for open space purposes, including assured pedestrian access
provided City permits Licensee to erect a fence or wall between Licensee's
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property and the Hampshire floodwall structure. Such management shall be
provided by Licensee without cost to City.
2. Implementation and Agreement. License is hereby granted to
Licensee to utilize the land area described below, consistent with the fore-
going, and to build and erect fences or masonry walls along the extension of
lot lines, between Licensee's property and the Hampshire floodwall structure,
subject to the following conditions:
(a) Licensee shall manage said land area and keep it neat and
free of debris, and open for public use by pedestrians desiring to cross or
otherwise utilize such land.
(b) Licensee shall install an unlocked gate in any fence or wall
which may be erected to permit pedestrian ingress and egress. In lieu of an
unlocked gate, a space not less than 30 inches wide may be left open in each
such fence or wall for pedestrian access.
(c) This license shall be effective for a term of ten years
from the date hereof, subject, however, to revocation at any time by City
upon -notice from the United States or any instrumentality thereof, or an order
of any court, determining that such fences, walls or other structures as may
be erected, violate the covenants and restrictions placed on the land as con-
ditions for its dedication for public use for open space purposes, or upon
determination by resolution of the Payor and Common Council that such property
is no longer being properly maintained for such purposes by Licensee.
(d) In the event of such revocation, Licensee small, at the
request of City, forthwith remove any fence, wall or structure erected on
said land at no cost to City.
(e) If, after notice to remove such fences, walls and structures
as may have been erected on said land, Licensee fails to do so within ten
days, City may remove any and all walls, fences and other structures by
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demolition, dismantling, or other means without liability for the value of
such structures, and Licensee shall be liable to City for the cost of such
removal.
(f) This License may be renewed upon mutual agreement of City
and Licensee for an additional ten year term by presenting this License to
the Director of Public Works/City Engineer at least thirty (30) days prior to
the expiration of the term hereof.
(3. Special Provisions if any)
3. Change of Ownership. This License shall automatically terminate
upon any change in ownership of the land hereinabove described and the new
owner shall execute a new License Agreement with the City.
DATED:
Approved as to form:
A4
City Attorney
CITY OF SAN BERNARDINO, a municipal
corporation
By: ---
Director of Public Works%City Engineer
LICENSEE(S)
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SPECIAL PROVISIONS
Licensee shall plant and maintain the Northerly one-half of the park-
way area between the Hampshire floodwall structure and the Easterly terminus
of Devonshire Road, consistent with the landscaping of the parkway area front-
ing the property owned by said Licensee.
-or-
Licensee shall plant and maintain the Southerly one-half of the park-
way area between the Hampshire floodwall structure and the Easterly terminus
of Devonshire Road, consistent with the landscaping of the parkway area front-
ing the property owned by said Licensee.
-or-
Licensee shall plant and maintain the Northerly one-half of the park-
way area between the Hampshire floodwall structure and the Westerly terminus
of Sonora Street, consistent with the landscaping of the parkway area fronting
the property owned by said Licensee.
-or-
Licensee shall plant and maintain the Southerly one-half of the park-
way area between the Hampshire floodwall structure and the Westerly terminus
of Sonora Street, consistent with the landscaping of the parkway area fronting
the property owned by said Licensee.
-or-
Licensee shall plant and maintain the Westerly one-half of the park-
way area between the Hampshire floodwall structure and the Northerly terminus
of Del Rey Drive, consistent with the landscaping of the parkway area fronting
the property owned by said Licensee.
-or-
Licensee shall plant and maintain the Easterly one-half of the park-
way area between the Hampshire floodwall structure and the Northerly terminus
of Del Rey Drive, consistent with the landscaping of the parkway area frontina
the property owned by said Licensee.
-or-
(a) Licensee shall extend the existing block wall paralleling Devon-
shire Road, using like materials and construction, to within approximately
ten (10) feet of the Hampshire floodwall structure, and install a solid wooden
gate between the extension of said wall and the floodwall structure.
(b) Licensee shall plant and maintain the existing parkway area and
the area between the existing block wall and the extension thereof paralleling
Devonshire Road to the floodwall structure consistent with the landscaping of
the parkway fronting the property owned by said licensee.
EXHIBIT "B"